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Agenda packet, joint meeting

Gonzales City Council
June 6, 2022

Document
Agenda packet, joint meeting
Meeting
June 6, 2022
Body
Gonzales City Council
Pages
7
Original file
10.3 MB
Text extracted from the city's file for reading and search. Open the original on gonzalesca.iqm2.com. That file is the official record.

Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall located at 147 Fourth Street, Gonzales, California, during normal business hours.

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A G E N D A

JOINT MEETING OF THE

GONZALES CITY COUNCIL,

GONZALES SUCCESSOR AGENCY,
AND

GONZALES ELECTRIC AUTHORITY
CITY COUNCIL CHAMBERS – 117 FOURTH STREET
GONZALES, CA 93926
MONDAY, JUNE 6, 2022
6:00 P.M.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

1. ROLL CALL- City Council/Successor Agency/Gonzales Electric Authority Board Mayor Pro Tem/Vice President Scott Funk, Council/Board Member Liz Silva, Council/Board Member Lorraine Worthy, Council/Board Member Paul Miller, Mayor/President Jose L. Rios
Youth Commissioners
Sherlyn Flores and Autumn Escobedo
Successor Agency Item
 Gonzales Electric Authority Board Item

PUBLIC NOTICE
This meeting is being conducted consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The public may participate in person or online via zoom at https://us06web.zoom.us/j/83043115275 or call 1-1669-900-6833 and use Meeting ID: 830 4311 5275.

If you wish to make either a general public comment or to comment on a specific agenda item, please use the Raise Hand function. You will be allowed three minutes for your comments.

If you choose not to attend the City Council meeting but wish to make a comment on a specific agenda item, please submit your comment limited to 250 words or less by 12:00p.m. on Monday, June 6th to the City Clerk at [email protected]

PRESENTATIONS

2. Certificates of Recognition – Gonzales High School Softball and Track & Field

3. Certificates of Recognition – Fairview Middle School Girls 7th Grade Soccer Team

4. Resolutions Recognizing City Manager Rene Mendez
*
Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall located at 147 Fourth Street, Gonzales, California, during normal business hours.

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BUSINESS FROM THE PUBLIC

5. Business from the Public not on the Agenda; any member of the Public may address the Council/Agency for a period not to exceed three minutes on any subject not on the Agenda. The Council/Agency will listen to all communications but may take no action.

CONSENT AGENDA
All matters listed under the Consent Agenda are considered routine by the City Council and will be adopted by one action of the Council unless any Council Member has a question or wishes to make a statement or discuss an item. In that event, the Mayor will remove the item from the Consent Calendar for separate consideration.

6. Approve the Joint City Council and Successor Agency - Regular Meeting - May 16, 2022 Minutes

7. Approve the City Council - Special Meeting - May 31, 2022 Minutes

8. Approve City Accounts Payable Warrants #46980-47118

9. Consider Request for the Waiver of Application Fees for a Fireworks Sales Permit Application Submitted by Shield Bearers and Spartan 300 Club

10. Consider Approval of Approval of an Agreement Between the City of Gonzales and Health Career Connection Inc. for a 10-week Paid Summer Internship for the Summer of 2022 Free of Cost to the City of Gonzales; and Authorize the City Manager to Sign it

11. Consider Approval, and Allow the City Manager to Sign an Extension to the Agreement for the Private/Public Partnership with T-Mobile for 1,745 HotSpots as Part of our “Universal Broadband for All” Initiative for Another 2 Years for a Total Amount Not to Exceed $635,319.60

12. Consider Approval of Resolution No. 2022-33, A Resolution of the City Council of the City of Gonzales authorizing execution of a consulting services agreement between the City of Gonzales and EMC Planning Group for CEQA Services for the Gloria Road Cooler Project – Phase 1 Scope of Work

13. Consider Approval of Resolution No. 2022-34, A Resolution of the City Council of the City of Gonzales Authorizing the Establishment and Maintenance of Bank Accounts for Municipal Funds and Repealing Resolutions in Conflict Herewith

14. Consider Approval of Resolution No. 2022-35, A Resolution of the City Council of the City of Gonzales Authorizing Investment of Monies in the Local Agency Investment Fund

15. Update on the Status of the Microgrid Project

REGULAR AGENDA

16. Public Hearing to Consider Approval of Resolutions Confirming Diagrams and Assessments and Levying Annual Assessments for Each Assessment District a) Staff Report
b) Public Hearing
c) Council Discussion
d) Council Action
Staff Recommended Action-Continue the hearing and resolutions to the June 20th Council meeting

17. Presentation on the T-Mobile’s Continued Commitment to Working in Partnership with the City of Gonzales
a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Receive presentation
*
*

Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall located at 147 Fourth Street, Gonzales, California, during normal business hours.

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18. Public Hearing to Consider 1) Adoption of Resolution No. 2022-32, A Resolution of the City Council of the City of Gonzales Adopting the City of Gonzales Development Impact Fee Nexus Study Dated May 6, 2022, and 2) Introduce and Read by Title Only Ordinance No. 2022-133, An Ordinance of the City Council of the City of Gonzales Amending Chapter 1.48- “Impact Mitigation Fees” of the Gonzales City Code and hold public hearing. a) Staff Report
b) Public Hearing
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Resolution No. 2022-32 and Introduce and Read by Title Only Ordinance No. 2022-133

BUSINESS FROM CITY COUNCIL

19. City Council Board/Committee Reports
a. Transportation Agency for Monterey County
b. Mayor Selection Committee
c. Salinas Valley Recycles
d. Measure K Oversight Committee
e. Salinas Valley Basin Groundwater Sustainability
f. City’s 75th Anniversary Committee

20. Oral Communications

BUSINESS FROM CITY MANAGER

21. Oral Communications

ADJOURNMENT

In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (831) 675-5000. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (CFR 35.102-

35.104 ADA Title II). This is a public meeting and as such, can be seen live by people present or online and is being recorded; therefore; anything you say or do here is public information. The recordings are available online.

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MINUTES

JOINT MEETING OF THE

GONZALES CITY COUNCIL AND

GONZALES SUCCESSOR AGENCY
MONDAY, MAY 16, 2022
5:00 P.M.

CALL TO ORDER
The meeting was called to order at 5:00 PM by Mayor Jose L. Rios.

PLEDGE OF ALLEGIANCE

ROLL CALL
Attendee Name Title Status
Jose L. Rios Mayor/Chair Present
Scott Funk Mayor Pro Tem/Vice Chair Remote via zoom
Liz Silva Council/Agency Member Present
Lorraine Worthy Council/Agency Member Present
Paul Miller Council/Agency Member Remote via zoom

YOUTH COMMISSIONERS
Sherlyn Flores.

Excused absence: Autumn Escobedo.

STAFF PRESENT
City Manager René L. Mendez, City Attorney Michael F. Rodriquez, Community Development Director Taven Kinison Brown, Director of Community Engagement and Strategic Partnerships Carmen Gil, Executive Assistant to the City Manager/Deputy City Clerk Mary Villegas, Administrative Assistant I Noemi Gregorio, Police Chief Keith Wise, Assistant City Manager Mark Hartunian, Fire Chief Jason Muscio, and Public Works Director/City Engineer Patrick Dobbins. * Successor Agency Item
Packet Pg. 4
Minutes Acceptance: Minutes of May 16, 2022 5:00 PM (CONSENT AGENDA) AGENDA
ITEM
6

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PUBLIC NOTICE
This meeting is being conducted consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The public may participate in person or online via zoom at https://us06web.zoom.us/j/81386947892 or call 1 (669) 900-6833 and use Meeting ID: 813 8694 7892. If you wish to make either a general public comment or to comment on a specific agenda item, please use the Raise Hand function. You will be allowed three minutes for your comments.

If you choose not to attend the City Council meeting but wish to make a comment on a specific agenda item, please submit your comment limited to 250 words or less by 12:00p.m. on Monday, May 16th to the City Clerk at [email protected]

CLOSED SESSION
Any member of the public may address the Council on a closed session item appearing on the agenda.

Speakers shall have a limited time of three (3) minutes. Please be brief and to the point.

2. The City Council will recess to closed session to consider personnel matters pursuant to Government Code Section 54957(b)(1)- City Manager -Employment/Recruitment.

Direction provided to legal counsel. No other reportable action taken.

RECONVENE TO OPEN SESSION
The City Council reconvened to open session at 6:00pm.

Excused absence: Mayor Pro Tem Scott Funk.

PRESENTATIONS

3. Consider Approval of, and Present, Proclamation No. 2022-03 Proclaiming May 15 – 21, 2022 As National Public Works Week
RESULT: APPROVED [UNANIMOUS]
MOVER: Lorraine Worthy, Council Member
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Liz Silva, Lorraine Worthy, Paul Miller EXCUSED: Scott Funk
Public Works Director Dobbins read the proclamation.

BUSINESS FROM THE PUBLIC

4. Business from the Public not on the Agenda; any member of the Public may address the Council for a period not to exceed three minutes on any subject not on the Agenda. The Council will listen to all communications, but may take no action.

There was none.

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Minutes Acceptance: Minutes of May 16, 2022 5:00 PM (CONSENT AGENDA)

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CONSENT AGENDA

5. Approve the Joint City Council and Successor Agency - Regular Meeting - May 2, 2022 Minutes

6. Approve City Accounts Payable Warrants #46800-46979

7. Building Department Activity Report

8. Fire Department Activity Report

9. Police Department Activity Report

10. Public Works/City Engineer Department Activity Report

11. Recreation Department Activity Report

12. Consider Approval of Resolution No. 2022-21, A Resolution of the City Council of the City of Gonzales Designating Harris and Associates as Engineer of Work for Assessment Districts, and Directing the Filing of Engineer’s Fiscal Year 2022-2023 Annual Reports Therefore; Designating Jarvis, Fay, & Gibson, LLP as District Counsel for Assessment Districts; and Authorizing Compensation for All Assessment District Work

13. Consider Approval of Resolution No. 2022-22, A Resolution of the City Council of the City of Gonzales Declaring Intention to Confirm Diagrams and to Levy and Collect Annual Assessments Pursuant to the Benefit Assessment Act of 1982 - California Breeze Benefit Assessment District Nos. 1, 2, and 3

14. Consider Approval of Resolution No. 2022-23, A Resolution of the City Council of the City of Gonzales Providing Preliminary Approval of Engineer’s Report, Stating Intention to Confirm Diagram and to Levy and Collect Annual Assessments Pursuant to the Landscaping and Lighting Act of 1972 - California Breeze Parks and Open Spaces Maintenance Assessment District

15. Consider Approval of Resolution No. 2022-24, A Resolution of the City Council of the City of Gonzales of Intention to Confirm Diagram and to Levy and Collect Annual Assessments Pursuant to the Benefit Assessment Act of 1982 - Canyon Creek Benefit Assessment District Nos. 1, 2 & 3

16. Consider Approval of Resolution No. 2022-25, A Resolution of the City Council of the City of Gonzales Providing Preliminary Approval of Engineer’s Report, Stating Intention to Confirm Diagram and to Levy and Collect Annual Assessments Pursuant to the Landscaping and Lighting Act of 1972 - Canyon Creek Parks and Open Spaces Maintenance Assessment District Nos. 1, 2 and 3

17. Consider Approval of Resolution No. 2022-26, A Resolution of the City Council of the City of Gonzales of Intention to Confirm Diagram and to Levy and Collect Annual Assessments Pursuant to the Benefit Assessment Act of 1982 - Gonzales Industrial Park Benefit Assessment District

18. Consider Approval of Resolution No. 2022-27, A Resolution of the City Council of the City of Gonzales Providing Preliminary Approval of Engineer’s Report, Stating Intention to Confirm Diagram and to Levy and Collect Annual Assessments Pursuant to the Landscaping and Lighting Act of 1972 - Gonzales Industrial Park Landscape Maintenance Assessment District

19. Consider Approval of Resolution No. 2022-28, A Resolution of the City Council of the City of Gonzales Declaring Intention to Confirm Diagram and to Levy and Collect Annual Assessments Pursuant to the Benefit Assessment Act of 1982 - Cipriani Estates Benefit Assessment District

20. Consider Approval of Resolution No. 2022-29, A Resolution of the City Council of the City of Gonzales Providing Preliminary Approval of Engineer’s Report, Stating Intention to Confirm Diagram and to Levy and Collect Annual Assessments Pursuant to the Landscaping and Lighting Act of 1972 - Cipriani Estates Parks and Open Spaces Maintenance Assessment District Council Member Silva asked about one of the warrants to the County of Monterey for $567,409.75 as part of the Gloria Road/Iverson. She asked if that was because we did that in installments.

City Manager Mendez responded that was what the Council approved in the Mid-Year Budget, which was our share for the construction project, and that we hadn’t paid it. *
Packet Pg. 6
Minutes Acceptance: Minutes of May 16, 2022 5:00 PM (CONSENT AGENDA)

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RESULT: APPROVED [UNANIMOUS]
MOVER: Liz Silva, Council Member
SECONDER: Lorraine Worthy, Council Member
AYES: Jose L. Rios, Liz Silva, Lorraine Worthy, Paul Miller EXCUSED: Scott Funk

REGULAR AGENDA

21. Consider Approval of a Memorandum of Understanding Between the Hartnell Community College District and the Cities of King City, Greenfield, Soledad, Gonzales, and Salinas for Intermediary Services for the Salinas Valley Five Cities Workforce Development Effort Staff Report: City Manager Mendez presented the staff report.

Public Comment: There was none.

Council Discussion: General discussion took place.

RESULT: APPROVED [UNANIMOUS]
MOVER: Liz Silva, Council Member
SECONDER: Lorraine Worthy, Council Member
AYES: Jose L. Rios, Liz Silva, Lorraine Worthy, Paul Miller EXCUSED: Scott Funk

22. Consider Approval of the Joint Exercise of Powers Agreement Creating the South Salinas Valley Broadband Authority
Staff Report: City Manager Mendez presented the staff report.

Public Comment: There was none.

Council Discussion: General discussion took place.

RESULT: APPROVED [UNANIMOUS]
MOVER: Liz Silva, Council Member
SECONDER: Paul Miller, Council Member
AYES: Jose L. Rios, Liz Silva, Lorraine Worthy, Paul Miller EXCUSED: Scott Funk

23. Consider Informational Letter: New Housing on the Horizon for Gonzales Staff Report: City Manager Mendez presented the staff report.

Public Comment: Adam Pinterits, Monterey County Association of Realtors, thanked and appreciated staff for doing a great job and for considering this matter since housing is desperately needed in this County.

Council Discussion: General discussion took place.

Informational item. No action required.

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Minutes Acceptance: Minutes of May 16, 2022 5:00 PM (CONSENT AGENDA)

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24. Public Hearing to Consider Approval of Resolution No. 2022-30, A Resolution of the City Council of the City of Gonzales Establishing the Cost for Services Fee Schedule for Fiscal Year 2022-2023
Staff Report: Public Works Director Dobbins presented the staff report.

Mayor Rios opened the public hearing at 6:30pm.

Public Hearing: No comments came forward.

Being there no comments from the public, Mayor Rios closed the public hearing at 6:30pm.

Council Discussion: General discussion took place.

RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Miller, Council Member
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Liz Silva, Lorraine Worthy, Paul Miller EXCUSED: Scott Funk

BUSINESS FROM CITY COUNCIL

25. City Council Board/Committee Reports
a. League of California Cities Monterey Bay Division
No report.
b. Association of Monterey Bay Area Governments
No report.
c. Monterey Salinas Transit
Council Member Worthy reported on the purchase of new buses, and MST College EcoSmart Pass program.
d. City & School Joint Steering Committee
No report.
e. Economic Development Committee
No report.

26. Oral Communications
Youth Commissioner Flores reported on the mental health survey revision and conversation with the school principal about it; as well as survey distribution next week.

Council Member Miller said COVID is still alive and asked people to be careful.

Council Member Worthy announced the food pantry this Friday starting around 9:00am, and an opportunity with businesses here in town. She reminded everyone to be careful regarding COVID because it’s still around.

Council Member Silva congratulated all the exhibitors at the Salinas Valley Fair which was a huge success. She volunteered her time on Saturday and Sunday and everything seemed back to normal.

She congratulated a young man from Gonzales who was very fortunate to sell $500 per pound for his animal in memory of Dennis Caprara. She announced the Memorial Day Commemoration Ceremony on May 30th at the cemetery at 9:00am, and the public was invited to attend. She also announced the Chicken Barbecue drive through from 11:00am - 3:00pm at Gonzales Irrigation.

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Minutes Acceptance: Minutes of May 16, 2022 5:00 PM (CONSENT AGENDA)

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She said she and Council Member Worthy have tickets.

Mayor Rios asked for a moment of silence in memory of Juan Martinez, who passed away. He was a local community member who was a strong advocate for public and civil rights.

A moment of silence was observed by all present.

BUSINESS FROM CITY MANAGER

27. Oral Communications
Community Development Director Kinison Brown felt privileged to be here and is still trying to sponge everything.

Director of Community Engagement & Strategic Partnerships Gil gave a covid update and testing times; food distribution this Thursday; and information on the Walking School Bus.

Police Chief Wise announced a free helmet fitting, inspection and distribution at the Police Department on Monday, Tuesday, Wednesday and Thursday of next week from 5:00pm - 7:00pm.

Assistant City Manager Hartunian reported on the development impact fees hearing on June 6th and June 20th.

Fire Chief Muscio reported a Firefighter vacancy.

Public Works Director Dobbins reported on filling the Maintenance Worker position; slurry seal contract; and RFP to redo the City’s website.

Mayor Rios thanked the Public Works Department for taking the phone booths out.

Council Member Worthy asked if there would be something down the road where the residents won’t receive paper billing.

Assistant City Hartunian responded yes.

CLOSED SESSION
Any member of the public may address the Council on a closed session item appearing on the agenda.

Speakers shall have a limited time of three (3) minutes. Please be brief and to the point.

There was none.

28. The City Council Will Recess to Closed Session Pursuant to Government Code Section 54956.9(A) to Confer with Its Attorney Regarding Pending Litigation Which Has Been Initiated Formally and to Which the City is a Party: Claim of T. Moreland.

The Council voted unanimously to reject the Claim of Moreland. Direction provided to legal counsel. No other reportable action taken.

29. The City Council Will Recess to Closed Session Pursuant to Government Code Section 54056.9(A)(D)(2) to Confer with Its Attorney Regarding Significant Exposure to LitigationAlleged Violation of California Voting Rights Act.

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Minutes Acceptance: Minutes of May 16, 2022 5:00 PM (CONSENT AGENDA)

Page 7 of 7 ends

Council conferred with legal counsel. Direction provided to legal counsel and City Manager. No other reportable action taken.

ADJOURNMENT
RESULT: APPROVED [UNANIMOUS]
MOVER: Jose L. Rios, Mayor
SECONDER: Lorraine Worthy, Council Member
AYES: Jose L. Rios, Liz Silva, Lorraine Worthy, Paul Miller EXCUSED: Scott Funk
The meeting was adjourned at 7:51 PM.

ATTEST:

Mary Villegas, Deputy City Clerk
Packet Pg. 10
Minutes Acceptance: Minutes of May 16, 2022 5:00 PM (CONSENT AGENDA)

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MINUTES

GONZALES CITY COUNCIL

SPECIAL MEETING
TUESDAY, MAY 31, 2022
5:00 P.M.

CALL TO ORDER
The meeting was called to order at 5:00 PM by Mayor Jose L. Rios.

PLEDGE OF ALLEGIANCE
The flag salute was recited by all present.

ROLL CALL
Attendee Name Title Status
Jose L. Rios Mayor Present
Scott Funk Mayor Pro Tem Present
Liz Silva Council Member Present
Lorraine Worthy Council Member Present
Paul Miller Council Member Excused

YOUTH COMMISSIONERS
Sherlyn Flores.

Unexcused absence: Autumn Escobedo.

STAFF PRESENT
City Manager René L. Mendez, City Attorney Michael F. Rodriquez, Community Development Director Taven Kinison Brown, Director of Community Engagement and Strategic Partnerships Carmen Gil, Executive Assistant to the City Manager/Deputy City Clerk Mary Villegas, Administrative Assistant I Noemi Gregorio, Police Chief Keith Wise, and Assistant City Manager Mark Hartunian.

PUBLIC NOTICE
This meeting is being conducted consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The public may participate in person or online via zoom at https://us06web.zoom.us/j/88659085876 or call 1-1669-900-6833 and use Meeting ID: 886 5908 5876. If you wish to make either a general public comment or to comment on a specific agenda item, please use the Raise Hand function. You will be allowed three minutes for your comments.

Packet Pg. 11
Minutes Acceptance: Minutes of May 31, 2022 5:00 PM (CONSENT AGENDA) AGENDA
ITEM
7

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If you choose not to attend the City Council meeting but wish to make a comment on a specific agenda item, please submit your comment limited to 250 words or less by 12:00p.m. on Tuesday, May 31st to the City Clerk at [email protected]

BUSINESS FROM THE PUBLIC

2. Business from the Public not on the Agenda; any member of the Public may address the Council for a period not to exceed three minutes on any subject not on the Agenda. The Council will listen to all communications, but may take no action.

There was none.

REGULAR AGENDA

3. Public Hearing to Consider Approval of Resolution No. 2022-31, A Resolution of the City Council of the City of Gonzales Proposing to Adopt a Special Tax Increasing the City’s Transactions and Use Tax (Sales Tax) by One-Half Percent (0.5%), Calling for a Special Mailed Ballot Election to be held on August 30, 2022, Ordering that a Question Relating to the Levy of a Special Tax be Submitted to the Qualified Voters at the Special Mailed Ballot Election, Requesting that the Board of Supervisors of Monterey County Consent to the Consolidation of the Special Election with any other Election Conducted on said date and Requesting Election Services from the Monterey County Elections Department
Staff Report: City Manager Mendez presented the staff report.

Mayor Rios opened the public hearing at 5:06pm.

Public Hearing: No comments came forward.

Being there no comments from the public, Mayor Rios closed the public hearing at 5:06pm.

Council Discussion: General discussion took place.

RESULT: APPROVED [UNANIMOUS]
MOVER: Liz Silva, Council Member
SECONDER: Lorraine Worthy, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy EXCUSED: Paul Miller

CLOSED SESSION
Any member of the public may address the Council on a closed session item appearing on the agenda.

Speakers shall have a limited time of three (3) minutes. Please be brief and to the point.

There was none.

4. The City Council will recess to closed session to consider personnel matters pursuant to Government Code Section 54957(b)(1)- City Manager -Employment/Recruitment.

Direction provided to legal counsel. No other reportable action taken.

Packet Pg. 12
Minutes Acceptance: Minutes of May 31, 2022 5:00 PM (CONSENT AGENDA)

Page 3 of 3 ends

ADJOURNMENT
RESULT: APPROVED [UNANIMOUS]
MOVER: Lorraine Worthy, Council Member
SECONDER: Jose L. Rios, Mayor
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy EXCUSED: Paul Miller
The meeting was adjourned at 5:45 PM.

ATTEST:

Mary Villegas, Deputy City Clerk
Packet Pg. 13
Minutes Acceptance: Minutes of May 31, 2022 5:00 PM (CONSENT AGENDA) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
May 13, 2022 (FY 2021-22)
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 11:59 am
Date: 05/13/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
46980 05/13/22 Printed 1922 A & G PUMPING, INC. PortaPotties-Car Show & Little League 900.25 ABAG PUBLICLY OWNED 1,500.00
ENERGY
46981 05/13/22 Printed 256 FY22 AMD Level Charges
46982 05/13/22 Printed 108 AIRGAS Oxygen 201.93
ALVAREZ TECHNOLOGY 4,362.54
GROUP, INC.
46983 05/13/22 Printed 3893 Council Chambers Laptop
46984 05/13/22 Printed 137 AMERICAN SUPPLY CO. Janitorial Supplies 811.39 ANDERSEN'S LOCK & SAFE, 203.44
INC
46985 05/13/22 Printed 158 Rekeyed Locks
46986 05/13/22 Printed 911 ANDREWS BLUEPRINT INC Plan Sets for Community Center 745.17 46987 05/13/22 Printed 4254 APEX UNIVERSAL INC. 2-Way Yellow Refl Ceramic 1,023.50 46988 05/13/22 Printed 3932 CASANDRA ARIAS Water Deposits Refund 100.00 ARMANASCO PUBLIC 14,000.00

RELATIONS,
46989 05/13/22 Printed 3284 Capital Campaign Work/Services 46990 05/13/22 Printed 341 PATRICK ASKEW Retiree Medical Insurance -May 361.00 ASSURED AGGREGATES 2,644.93

COMPANY INC
46991 05/13/22 Printed 4255 Ballfield Maint. - Infield Mix 46992 05/13/22 Printed 86 AT&T Telephone Chgs 3/19/22-4/18/22 1,395.44 46993 05/13/22 Printed 3168 AUTOZONE INC. PD #5 - Battery Charger, Oil 195.61 46994 05/13/22 Printed 1618 AVAYA FINANCIAL SERVICES Maintenance - May 641.26 BANUELOS ENTERPRISES, 197.39
INC.
46995 05/13/22 Printed 1054 Fuel - PD
46996 05/13/22 Printed 3191 BOOTS ROAD GROUP LLC Monthly Retainer Dec 2021 1,830.09 46997 05/13/22 Printed 212 CITY OF GONZALES Water Deposits to be Applied 290.21 46998 05/13/22 Printed 212 CITY OF GONZALES Utilities 4,170.45 46999 05/13/22 Printed 4256 REFUJIO COLUNGA Mini T-Ball Coach Reimb. 55.00 47000 05/13/22 Printed 3095 CSG CONSULTANTS INC. Building Plan Review Services 1,000.47 47001 05/13/22 Printed 3028 D & J TIRE SERVICE Tire Repair 49.84 DE LAGE LANDEN PUBLIC 22,692.17

FINANCE
47002 05/13/22 Printed 2895 Solar Project Payment
47003 05/13/22 Printed 74 DEPT. OF CONSERVATION SMIP Reporting 1/1/22-3/31/22 182.17 47004 05/13/22 Printed 3752 DUDEK Nano Aeration Project 35,965.44 EMERGENCY MEDICAL 284.00

PRODUCTS,
47005 05/13/22 Printed 846 Medical Supplies
47006 05/13/22 Printed 197 FARMERS FOOD MARKET Grocery 121.31 47007 05/13/22 Printed 3650 GHD INC. Peer Review Services HMH Roadway 1,200.00 Vista Lucia Dev.

GOLDSTAR BUICK PONTIAC 208.75
GMC
47008 05/13/22 Printed 1084 Green Mechanic Van Maint.

GONZALES ACE HARDWARE 275.08
INC.
47009 05/13/22 Printed 3274 Round Base Magnet
47010 05/13/22 Printed 225 GONZALES IRRIGATION PVC Couplers 214.87 GONZALES TIRE & AUTO 207.61
SUPPLY
47011 05/13/22 Printed 3477 Propane
47012 05/13/22 Printed 2599 YSAURO GONZALES Uniform Cleaning 807.50 HILL BROTHERS CHEMICAL 4,342.50
CO
47013 05/13/22 Printed 4120 Chlorine
47014 05/13/22 Printed 2450 ANGEL H. JOHNSTONE Consult Svcs-CDBG Loans Admin 5,500.00 47015 05/13/22 Printed 3828 LYNN A. KOVACH RC Farms Parcel Map Review 420.00 47016 05/13/22 Printed 2686 DAVID & DONA LLOYD After Hours Answering Services 89.00 47017 05/13/22 Printed 2423 JUAN MENDOZA Reimb. for 1 Badge & 2 Patches 375.00 47018 05/13/22 Printed 72 MISSION UNIFORM SERVICE City Hall Mats 801.58 47019 05/13/22 Printed 4257 DAVID NAVA DJ for 75th/Car Show 382.50 47020 05/13/22 Printed 3787 NEW SV MEDIA Public Hearing Notice 165.00 JOHANA LIZETH NUNEZ 109.79
FUNEZ
47021 05/13/22 Printed 4258 Water Deposits Refund
47022 05/13/22 Printed 91 P. G. & E. Utilities - Acct# 1024308210-3 22,378.63 47023 05/13/22 Printed 3821 PASSPORT LABS, INC. Monthly Management Fees 846.48 47024 05/13/22 Printed 3538 PECKHAM & MCKENNEY Comm. Develop. Director Search 8,500.00 47025 05/13/22 Printed 115 QUILL CORP Office Supplies 124.22 47026 05/13/22 Printed 4092 RAZZO LINK, INC. Internet Service 75.09 47027 05/13/22 Printed 4166 SAGE RENEWABLE ENERGY PM Services for Microgrid 5,470.00 AGENDA
ITEM
Packet Pg. 14
Attachment: Warrants #46980-47118 (2441 : Approve City Accounts Payable Warrants #46980-47118) 8 City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
May 13, 2022 (FY 2021-22)
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 2
Time: 11:59 am
Date: 05/13/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
SALINAS VALLEY PRO 331.88
SQUAD
47028 05/13/22 Printed 2979 ACO/CSO Uniforms
SALINAS VALLEY SOLID 28,367.11
WASTE
47029 05/13/22 Printed 258 Tonage Fees - April
47030 05/13/22 Printed 4259 ANTHONY SOLIS Mini T-Ball Coach Reimb. 55.00 47031 05/13/22 Printed 2673 SPECTRUM Cable Services 428.74 TRANS UNION RISK AND 110.00

ALTERNATI
47032 05/13/22 Printed 3175 TLO Monthly Billing
47033 05/13/22 Printed 27 TRI - CITIES DISPOSAL Drop Box Services - April 57,460.15 TRI-COUNTY FIRE 102.16

PROTECTION, IN
47034 05/13/22 Printed 142 Fire Extinguishers
47035 05/13/22 Printed 4235 TRICOR DIRECT INC Safety - Hard Hats 2,532.47 47036 05/13/22 Printed 3718 TRINI'S PLUMBING Water Dept. Paint & Batteries 541.21 47037 05/13/22 Printed 3577 U.S. BANK 4/6/22 Carmen Gill Acct # 4866 9145 3,535.27 5550 8537
47038 05/13/22 Printed 3410 ULINE, INC. Kid Power Supplies 294.56 VALLEY SAW & GARDEN 55.68

EQUIPMENT
47039 05/13/22 Printed 174 Equip Maint - Oil
47040 05/13/22 Printed 3471 VERIZON WIRELESS Police Mobile Broadband -April 304.08 47041 05/13/22 Printed 3895 VESTRA RESOURCES INC. GIS Support 460.25 Total Checks: 62 Checks Total (excluding void checks): 242,997.16 Total Payments: 62 Bank Total (excluding void checks): 242,997.16 Total Payments: 62 Grand Total (excluding void checks): 242,997.16 Packet Pg. 15
Attachment: Warrants #46980-47118 (2441 : Approve City Accounts Payable Warrants #46980-47118) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 9:48 am
Date: 05/27/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
47042 05/27/22 Printed 108 AIRGAS Medical Oxygen 262.32 47043 05/27/22 Printed 2 ALL - SAFE ALARMS Monthly Monitoring 400.00 ALVAREZ TECHNOLOGY 5,925.99
GROUP INC.
47044 05/27/22 Printed 2180 Computer Lease
ALVAREZ TECHNOLOGY 930.00
GROUP, INC.
47045 05/27/22 Printed 3893 Council Chamber Laptop
47046 05/27/22 Printed 137 AMERICAN SUPPLY CO. Janitorial Supplies 194.72 47047 05/27/22 Printed 3060 AROMAS FIREFIGHTERS BLS for Healthcare Providers 30.00 47048 05/27/22 Printed 2830 AT&T Internet Chgs Acct # 157272955 90.95 47049 05/27/22 Printed 4117 AT&T Monthly Charges - May 429.28 47050 05/27/22 Printed 86 AT&T Telephone Chgs 4/19/22-5/18/22 1,397.77 47051 05/27/22 Printed 3168 AUTOZONE INC. Brake Rotors for Mechanic Van 10.81 47052 05/27/22 Printed 3805 BADGER METER INC. Meter Replacement 17.45 47053 05/27/22 Printed 4260 BLACKTHORNE SPAS LLC Pool LED Lights 3,696.99 BURKE, WILLIAMS & 1,145.00

SORENSEN LLP
47054 05/27/22 Printed 4243 Legal Fees
CAL-WEST LIGHTING AND 200.00
SIGNAL
47055 05/27/22 Printed 3838 Montly Maint. - March
CALIFORNIA STRATEGIES, 5,000.00
LLC
47056 05/27/22 Printed 3789 General & Strategic Consulting 47057 05/27/22 Printed 4119 CANNON CORPORATION GIS Support Services 111.50 CASNER EXTERMINATING, 260.00
INC.
47058 05/27/22 Printed 889 Extermination Services
47059 05/27/22 Printed 3904 ANDREA CICCHILLO Girls Softball Clinic Coach 65.00 Reimbursement
47060 05/27/22 Printed 4263 CITY NATIONAL BANK Water Loan Payment 114,704.65 47061 05/27/22 Printed 3997 CRUZ UPHOLSTERY Reupholstered Mower Seat 160.55 47062 05/27/22 Printed 3095 CSG CONSULTANTS INC. In-house Building Services 12,925.00 47063 05/27/22 Printed 1821 CSK AUTO, INC. Oil, Filters, Wiper Fluid 229.69 47064 05/27/22 Printed 3164 DAVID M. RAMIREZ DDS Utility Reimbursement - April 50.00 47065 05/27/22 Printed 3876 DAY CARTER & MURPHY LLP GEA Microgrid Project 5,842.50 47066 05/27/22 Printed 3752 DUDEK IW System Design 15,372.50 47067 05/27/22 Printed 507 EMC PLANNING GROUP INC. CEQA for Community Center 1,700.61 FLUID RESOURCE 6,953.29

MANAGEMENT INC,
47068 05/27/22 Printed 2537 Tank Transducer Repairs
47069 05/27/22 Printed 3839 CARMEN GIL Lodging Reimb.- NW Regional Primary 671.65 Healthcare Conference
47070 05/27/22 Printed 4018 GOLDSTAR PRODUCTS, INC Herbicide 2,732.89 47071 05/27/22 Void 05/27/22 Void Check 0.00
47072 05/27/22 Void 05/27/22 Void Check 0.00
GONZALES ACE HARDWARE 435.94
INC.
47073 05/27/22 Printed 3274 Spring Snap Link and Keychain GONZALES TIRE & AUTO 21.04
SUPPLY
47074 05/27/22 Printed 3477 Supplies
47075 05/27/22 Printed 1109 GONZALES UNIFIED SCHOOL Cleaning Joint Use Gym 1,867.25 47076 05/27/22 Printed 2599 YSAURO GONZALES Table Cloths 28.00 47077 05/27/22 Printed 4071 GREAT AMERICA FINANCIAL Copier Lease 1,200.66 GREEN VALLEY FARM 2,430.62
SUPPLY
47078 05/27/22 Printed 1319 Spray WWTP
47079 05/27/22 Printed 4261 ALEXANDRA GUERRERO Girls Softball League Umpire 60.00 47080 05/27/22 Printed 3228 HARRIS & ASSOCIATES, INC. Assess. Districts Engr Reports 8,799.30 47081 05/27/22 Printed 4262 ANDREW HERNANDEZ Girls Softball League Coach 110.00 Reimbursement
47082 05/27/22 Printed 3485 INFOSEND, INC. Utility Billing 1,188.60 47083 05/27/22 Void 05/27/22 Void Check 0.00
47084 05/27/22 Printed 2818 JARVIS, FAY & GIBSON, LLP. Assessment Review 8,880.00 47085 05/27/22 Printed 3827 JC TREE EXPERTS INC. Main Street Trees 750.00 LAW ENFORCEMENT 400.00

PSYCHOLOGICAL
47086 05/27/22 Printed 1852 Applicant Testing
47087 05/27/22 Printed 204 LN CURTIS & SONS Shirt 79.81 47088 05/27/22 Printed 2888 LUCKY BAMBOO Mgmt Staff Strategy Mtg-Lunch 129.41 47089 05/27/22 Printed 4188 BRIANA MEDVECKI Mil. Reimb.-Andrews Blueprints 46.40 Packet Pg. 16
Attachment: Warrants #46980-47118 (2441 : Approve City Accounts Payable Warrants #46980-47118) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 2
Time: 9:48 am
Date: 05/27/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
47090 05/27/22 Printed 2423 JUAN MENDOZA Reimb. for 1 Badge & 2 Patches 375.00 47091 05/27/22 Printed 72 MISSION UNIFORM SERVICE City Hall Mats 922.36 47092 05/27/22 Printed 3970 MNS ENGINEERS, INC. Stormwater Permit Support 70.00 MONTEREY COUNTY 848.73

INFORMATION
47093 05/27/22 Printed 243 County I.T. Monthly Chrg - Feb MONTEREY COUNTY 1,500.00
MAYORS ASSOC.
47094 05/27/22 Printed 465 Mo. Co. Mayors Assoc. 2022
47095 05/27/22 Printed 3787 NEW SV MEDIA Public Hearing Notice 969.50 47096 05/27/22 Printed 4082 NEWGEN STRATEGIES AND Microgrid Project 907.50 OVERHEAD DOOR CO. OF 417.19

SALINAS
47097 05/27/22 Printed 446 Repairs to Statron
47098 05/27/22 Printed 91 P. G. & E. Utilities 2,150.72 47099 05/27/22 Printed 1297 PDP INVESTMENTS Towing 450.00 47100 05/27/22 Printed 115 QUILL CORP Electric Griddle & Can Opener 811.78 47101 05/27/22 Printed 2449 SMITH & ENRIGHT Canyon Creek Park Maint. 6,737.50 47102 05/27/22 Printed 119 SOLEDAD HARDWARE Build Repairs - Screen 28.77 47103 05/27/22 Printed 269 STATE WATER RESOURCES OIT Certification 125.00 47104 05/27/22 Printed 3880 THE MAYNARD GROUP Video Conferencing 1,624.69 THE SPCA OF MONTEREY 3,902.00
COUNTY
47105 05/27/22 Printed 1890 Monthly Invoice - April
47106 05/27/22 Printed 3718 TRINI'S PLUMBING Install Sewer Clean Out @ City 1,450.00 47107 05/27/22 Printed 2192 TYLER TECHNOLOGIES, INC. Annual Maintenance Agreement 8,853.03 47108 05/27/22 Printed 3577 U.S. BANK 5/6/22 Rene Mendez Acct # 4866 9145 812.37 5550 8537
47109 05/27/22 Printed 3577 U.S. BANK 5/6/22 Jason Muscio Acct # 4866 9145 2,472.85 5550 8537
47110 05/27/22 Printed 3577 U.S. BANK 5/6/22 Patrick Dobbins Acct # 4866 9145 449.94 5550 8537
47111 05/27/22 Printed 3577 U.S. BANK 5/6/22 Mark Hartunian Acct # 4866 9145 871.75 5550 8537
VALLEY ELECTRIC MOTOR 1,032.71

SERVICE
47112 05/27/22 Printed 132 Motor Repair
47113 05/27/22 Printed 4154 VERITONE INC. RIPA 1,100.00 47114 05/27/22 Printed 4264 JASMINE VILLASENOR Girls Softball League Umpire 140.00 47115 05/27/22 Printed 99 VOSTI'S, INC. Vehicle Maint. Supplies 2,573.32 WILLDAN FINANCIAL 2,115.00

SERVICES
47116 05/27/22 Printed 3682 Development Impact Fee Study 47117 05/27/22 Printed 4265 ALEJANDRA ZAVALA Girls Softball League Coach 110.00 Total Checks: 76 Checks Total (excluding void checks): 251,759.85 Total Payments: 76 Bank Total (excluding void checks): 251,759.85 Total Payments: 76 Grand Total (excluding void checks): 251,759.85 Packet Pg. 17
Attachment: Warrants #46980-47118 (2441 : Approve City Accounts Payable Warrants #46980-47118) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 8:33 am
Date: 06/01/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
47118 06/01/22 Printed 4165 NATHAN CORDOBA Per Diem - FTO Training 6/5/22-6/10/22 275.00 Total Checks: 1 Checks Total (excluding void checks): 275.00 Total Payments: 1 Bank Total (excluding void checks): 275.00 Total Payments: 1 Grand Total (excluding void checks): 275.00 Packet Pg. 18
Attachment: Warrants #46980-47118 (2441 : Approve City Accounts Payable Warrants #46980-47118) City of Gonzales

COMMUNITY DEVELOPMENT DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: June 6, 2022
FROM: Taven Kinison Brown, Community Development Director THROUGH: René L. Mendez, City Manager
SUBJECT: Fireworks Sales Permits - Fee Waiver Request

RECOMMENDATION
It is recommended that the City Council:
• Receive the staff report; and
• Approve a Request for the Waiver of Application Fees for Fireworks Sales Permit Applications Submitted by Shield Bearers and the Spartan 300 Club.

BACKGROUND
Selling safe and sane fireworks to assist with the celebration of our Nation’s independence is a common undertaking by non-profit groups who are seeking revenues to support their programs, equipment, and facilities. Annually, non-profit organizations are encouraged to submit their requests for a waiver of fees associated with the permit for fireworks sales so that the request is considered by the Council in May/June.

REVIEW AND ANALYSIS
Attached to this report is the request submitted by the Shield Bearers and the Spartan 300 Club for a fee waiver associated with the application fees for a Fireworks Permit to sell fireworks for the 4th of July (Exhibits A, and B. A Fireworks Permit includes conditions and restrictions that take into account the safety of the public and the safety of the volunteers that will occupy the fireworks booths and those who handle and store the fireworks.

AGENDA
ITEM
9 Packet Pg. 19
If approved, The California Code of Regulations Title 19, Chapter 6, Article 3, Section 981.3 limits the sale of fireworks from noon, June 28th through noon, July 6th of the current year (Website verification 5/28/21).

Attachments:

1. Shield Bearers

2. Spartan 300 Club
Packet Pg. 20
Packet Pg. 21
Attachment: Shield Bearers (2433 : Fireworks Sales Permits - Fee Waiver Request) Packet Pg. 22
Attachment: Shield Bearers (2433 : Fireworks Sales Permits - Fee Waiver Request) Packet Pg. 23
Attachment: Shield Bearers (2433 : Fireworks Sales Permits - Fee Waiver Request) Packet Pg. 24
Attachment: Shield Bearers (2433 : Fireworks Sales Permits - Fee Waiver Request) Packet Pg. 25
Attachment: Shield Bearers (2433 : Fireworks Sales Permits - Fee Waiver Request) Packet Pg. 26
Attachment: Shield Bearers (2433 : Fireworks Sales Permits - Fee Waiver Request) Packet Pg. 27
Attachment: Shield Bearers (2433 : Fireworks Sales Permits - Fee Waiver Request) Packet Pg. 28
Attachment: Shield Bearers (2433 : Fireworks Sales Permits - Fee Waiver Request) Packet Pg. 29
Attachment: Shield Bearers (2433 : Fireworks Sales Permits - Fee Waiver Request) Packet Pg. 30
Attachment: Spartan 300 Club (2433 : Fireworks Sales Permits - Fee Waiver Request) Packet Pg. 31
Attachment: Spartan 300 Club (2433 : Fireworks Sales Permits - Fee Waiver Request) Packet Pg. 32
Attachment: Spartan 300 Club (2433 : Fireworks Sales Permits - Fee Waiver Request) Packet Pg. 33
Attachment: Spartan 300 Club (2433 : Fireworks Sales Permits - Fee Waiver Request) Packet Pg. 34
Attachment: Spartan 300 Club (2433 : Fireworks Sales Permits - Fee Waiver Request) Packet Pg. 35
Attachment: Spartan 300 Club (2433 : Fireworks Sales Permits - Fee Waiver Request) Packet Pg. 36
Attachment: Spartan 300 Club (2433 : Fireworks Sales Permits - Fee Waiver Request) City of Gonzales

COMMUNITY ENGAGEMENT & STRATEGIC

PARTNERSHIPS

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: June 6, 2022
FROM: Carmen Gil, Community Engagement & Strat. Partnership Dir.

THROUGH: René L. Mendez, City Manager
SUBJECT: Agreement with Health Career Connection

RECOMMENDATION
It is recommended that the City Council approve and allow the City Manager to sign an Agreement with Health Career Connection Inc., an Oakland based, national Non-Profit Corporation known as “HCC”, which works to prepare, inspire, and empower undergraduate and recent graduate students who desire to explore careers in the health arena including community health. This is done through a 10-week paid summer internship where the student is placed in an organization where they can learn and grow their skill set while exploring a potential career of their choice. This summer’s internship is being offered to the City free of cost by HCC.

BACKGROUND
The Community Engagement and Strategic Partnerships Director has a long-standing relationship with Health Career Connection (HCC). She has previously served as a preceptor for many interns, some of which have received job offers after their internship experience. Typically, the internship experience is sponsored by the preceptor organization, thus providing the funding to sponsor an intern, however due to the partnership and grants the organization has available this summer HCC has decided to sponsor the intern the City will be taking on at no cost to the City.

The intern will work a forty-hour week, while getting to learn and grow their skill set through hands-onlearning with the Community Engagement Department. They will also benefit from additional training from the HCC organization and will get to explore other health related fields through local fieldtrips to other local preceptor sites such as the Monterey County Health Department, Hartnell College Foundation, and Building Healthy Communities to name a few.

AGENDA
ITEM
10 Packet Pg. 37

REVIEW AND ANALYSIS
This is a not only a great learning opportunity for the student, but it also allows the City to have a little bit more capacity to support local projects while working to “grow our own” talent.

Duties and Commitments
If the Council decides to accept this Agreement the intern will be placed free-of-cost to the City within the Community Engagement Department. He/She will benefit from learning how the City innerworkings happen and will be able to support local initiatives related to community health and wellbeing.

The City’s Community Engagement and Strategic Partnerships Director will be responsible for the oversight of the intern and will be responsible for providing feedback and training, etc. She will also be working directly with HCC to ensure that all the intern’s deliverables are met for the summer.

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: This partnership supports the City’s efforts around “growing our own”. It helps us continue to build pathways for student leaders to engage civically. In particular, the intern this summer will be a returning Youth Commissioner, thus exhibiting our continued commitment to supporting the growth and development of the youth in our community.

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 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.

Explain: Please see above for the Vision.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes No N/A
• Housing Yes No N/A
• Recreation Yes No N/A
• Environment Yes No N/A
• Education X Yes No N/A
Explain: This partnerships supports the ongoing preparedness and education of local youth in our community so that they can come back once they graduate ready to contribute to the community.

ALTERNATIVES
Packet Pg. 38
1). The Council can opt to accept this Agreement and begin to establish a partnership with HCC and determine yearly if they would like to bring in a paid undergraduate or graduate intern to work over the summer with the City in addition to the Gonzales Youth Commissioners. 2). The Council can deny the Agreement at this time and turn down the ten-week intern position.

BUDGET IMPACT
There is no impact to the budget to support this position given that the City will be sponsored by the organization to be a host to the intern this summer.

CONCLUSION
It is recommended that the City Council approve and allow the City Manager to sign an Agreement with Health Career Connection Inc. for a 10-week paid summer internship for the summer of 2022 free of cost to the City of Gonzales.

Attachments:

1. Revised HCC Agreement_2022_Grant Funded Site
Packet Pg. 39

HOST ORGANIZATION AGREEMENT
This Agreement is entered into as of this 6
th day of June2022 by and between Health Career Connection, Inc., a California Non Profit Corporation ("HCC") and The City of Gonzales (City) (the "Sponsor"). In consideration of the mutual agreements set forth herein, the parties hereby agree:

1. Selection of Interns. HCC has recruited the number of students shown on Exhibit A to participate in an internship program at the Sponsor's facility identified on such exhibit. The names of the assigned students (the "Interns") shall be set forth on Exhibit A. Additional Interns may be added to Exhibit A from time to time by mutual written consent of HCC and Sponsor. HCC and Sponsor may also adjust the Fees associated with each intern, as specified in Paragraph 8, by mutual written consent and incorporate the adjusted rates in Exhibit A.

2. Terms of Internship. All Interns shall be placed on the following terms, except as set forth on Exhibit A:
a. Placement of Interns. The Interns shall be placed with Sponsor for ten weeks, during which time they shall participate in health care management or other intern activities under the preceptorship and close supervision of Sponsor. The specific dates for Interns' placement each year shall be delineated in Exhibit A.
b. Close Supervision. Sponsor shall identify on Exhibit A an individual who shall serve as a preceptor for each Intern. The preceptor shall be responsible for assigning all tasks and shall make reasonable efforts to obtain feedback concerning the intern’s experiences, training and performance. The preceptor shall provide the Intern with not less than two reviews of the Intern's work, one review being provided not later than the sixth week of the placement and another review being provided not earlier than the ninth week of the placement. The reviews shall be utilized for the purpose of providing the Intern with feedback concerning the Intern’s professional training experience in health care management. It shall not be structured or presented as a performance evaluation similar to those used for Sponsor’s employees.
c. Intern Coordinator and Program Oversight. HCC shall identify on Exhibit A an individual who shall serve as the Coordinator for each Intern. The Coordinator will be responsible for overseeing the placement with Sponsor and shall be the principal HCC contact for each intern's preceptor.

HCC may also from time to time promulgate policies and procedures governing Interns and the internship program as a whole, and Sponsor agrees to comply with all such policies and procedures of which it is made aware and not to ask any Intern to breach any such policies and procedures. d. Policies and Procedures. All Interns shall be subject to the policies and procedures of the Sponsor generally applicable to business visitors and invitees and to other educational trainees at the Sponsor’s site. The Sponsor shall make reasonable efforts to inform Interns of these policies and procedures. Moreover, interns are expected to comply with privacy and HIPAA expectations when it comes to client/patient information, or any personal health information, be it written, spoken, or electronically transmitted. HCC will take the proper steps to ensure interns receive, and are presented with HIPAA expectation information prior to the internship start date. Interns will understand that any health information that identifies someone or can be used to identify someone must be protected. Interns are expected to understand that any violation of HIPAA guidelines can result in internship termination and potential fines, including imprisonment.

Packet Pg. 40
Attachment: Revised HCC Agreement_2022_Grant Funded Site (2437 : Agreement with Health Career Connection) e. Educational Activities. HCC will schedule up to four to six hours per week of educational and/or social activities during normal business hours, and HCC or the Intern will inform Sponsor at the beginning of the placement or from time to time of the schedule for such activities.

Sponsor will not ask Interns to be available during these time periods and during the times needed to travel to and from such activities. Sponsor understands that Interns are students seeking an educational work experience and mentoring by health care professionals, and agrees to exercise reasonable efforts to involve Interns in activities that will provide them with learning opportunities and a range of professional experiences.
f. Removal of Intern. Sponsor shall retain the right to have an Intern removed from Sponsor’s facilities for violations of Sponsor’s policies and procedures and may thereafter request a substitute Intern be assigned for a new term.

3. Providing Interns An Educational And Training Experience. HCC’s internship program is intended as a professional educational experience for the Interns. Interns are not employees or independent contractors of HCC or Sponsor. It is anticipated and expected that Interns will be assigned projects and assignments that are vocational in nature and that Interns will perform assignments that are both educational in nature and beneficial and necessary to the mission of helping patients. Sponsor has broad discretion to assign Intern a variety of tasks and work commensurate with Intern’s educational background and experience. Interns are not, however, to be utilized as replacement or temporary employees and Intern’s placement is not intended to displace any of Sponsor’s existing personnel.

It is the intention of HCC and Sponsor that Intern have broad exposure to Sponsor’s health care management, program, policy and population practices and that the internship experience will provide Intern with practical on-the-job experience in areas of health care management that compliment Intern’s educational experience. Providing Intern exposure to strategic planning, budgeting, personnel management, population health, diversity, equity and inclusion and other management functions of Sponsor that reinforce subject areas included in Intern’s academic program is strongly encouraged.

4. Interns Not Employees. An Intern is not an employee of HCC or Sponsor. Sponsor is not obliged to, and will not pay Intern any form of employee compensation or provide Intern any employee benefits, unless agreed to in advance in writing by Sponsor and HCC.

5. No Employment Guarantees. HCC and Sponsor acknowledge and agree that although Sponsor may employ Intern at some future date, neither HCC nor Sponsor has made any statement, representation or offer to Intern guaranteeing Intern employment with Sponsor based upon Intern’s participation in, or completion of, the internship program. The internship program is not a recruiting mechanism for Sponsor and the internship program is not intended to screen potential applicants for future employment opportunities with Sponsor. After the internship period has expired, Sponsor may consider qualified Interns for future employment opportunities.

6. HCC And Sponsor Are Not Agents Of Each Other. Neither HCC nor Sponsor is authorized to act as the agent of the other. Statements, promises or obligations made or assumed by one party are not binding or enforceable against the other, unless specifically authorized, in writing, by the other.

7. Fees. The Sponsor agrees to pay HCC zero dollars ($0) per Intern as the Program Fee per Intern(s) ("Program Fee") shown on Exhibit A, payable within thirty (30) days of invoice. The Program Fee covers the cost of the Intern’s educational stipend, to be paid by HCC. It also includes HCC’s Administrative and Educational Program Fee including: the recruitment and screening of students, managing initial Packet Pg. 41
Attachment: Revised HCC Agreement_2022_Grant Funded Site (2437 : Agreement with Health Career Connection) interviews, setting up host partner interviews, final placement of candidates, and HCC's management and delivery of HCC’s comprehensive summer educational program activities for the interns, including orientation sessions, educational and professional development workshops, graduate education workshops, mentorship and networking events, career planning activities and a closing luncheon/graduation session for all interns and their preceptors. The Program Fee also includes mentorship, program success support and networking provided by HCC staff to the interns during the program. Details for payment contact are shown on Exhibit B.

8. Program Term: The term of this Agreement shall be one (1) year commencing as of the date the Agreement is executed by the parties ("Effective Date"), unless terminated earlier pursuant to Section 9 hereof. The term of the Agreement may thereafter be extended for successive one (1) year terms by mutual written agreement of the Parties.

9. Termination. This Agreement may be terminated on ninety (90) days’ written notice by either party. Notwithstanding the foregoing, each party shall be bound to make or accept Intern placements agreed to prior to the date of termination, unless the parties mutually agree, in writing, to the contrary.

However, the HCC Administrative and Educational Program Fee, if any, shall be nonrefundable in the event Sponsor terminates the Agreement or any of the intern’s internships within thirty (30) days prior to an Intern's start date, as delineated in Exhibit A.

10. LIABILITY, INDEMNIFICATION AND INSURANCE.
a. NO CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL EITHER PARTY, ITS

TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES AND AFFILIATES BE LIABLE FOR

INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT

LIMITATION, ECONOMIC DAMAGE OR INJURY TO PERSONS OR PROPERTY AND LOST

PROFITS, REGARDLESS OF WHETHER SUCH PARTY SHALL BE ADVISED, SHALL HAVE

OTHER REASON TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY OF THE FOREGOING.
b. Limitation on Liabilities. HCC shall not be liable for the actions of any Intern while such Intern was subject to the supervision of Sponsor, except to the extent such actions resulted from gross negligence or willful misconduct of HCC's management or regular staff. Neither party shall be liable to the other except as provided herein or except to the extent such liability arises out of a breach of this Agreement or such party's gross negligence or willful misconduct. c. Insurance. Each party represents that it carries general commercial liability insurance in an amount that such party deems reasonable for its business.

11. Legal Compliance; Reformation. Each party agrees to comply with all applicable laws, and in the event either party determines that any provision of this agreement may result in a breach of any applicable law, each party agrees to negotiate in good faith to reformulate this Agreement in a manner which fulfills the spirit of the Agreement while fully complying with all applicable laws.

12. Assignment. This Agreement is not assignable by either party and any attempt to do so shall be void.

13. Integration. The parties hereto acknowledge that this Agreement sets forth the full, final and entire Agreement and understanding of the parties hereto as to the subject matter hereof, and shall not be subject to any change or modification except by the execution of a written instrument signed by the Packet Pg. 42
Attachment: Revised HCC Agreement_2022_Grant Funded Site (2437 : Agreement with Health Career Connection) parties.

14. Severability. The provisions, paragraphs and terms of this Agreement are severable, and in the event that any provisions, paragraphs or terms of this Agreement shall be determined to be invalid or unenforceable under any controlling body of the law, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions, paragraphs or terms hereof.

15. Waiver. The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition of this Agreement shall not constitute a waiver of that right or excuse a similar subsequent failure to perform any such term or condition by the other party.

16. No Oral Modifications. This Agreement cannot be modified or amended except by a written document signed by authorized representatives of the parties. Any attempt to modify or amend this Agreement, not done in accordance with this paragraph 15, shall be ineffective, null and void

17. Choice of Law. All disputes arising out of or related to this Agreement, or the performance, enforcement, breach or termination hereof, and any remedies relating thereto, shall be construed, governed, interpreted and applied in accordance with the laws of the State of California, U.S.A.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives.

Sponsor: City of Gonzales HEALTH CAREER CONNECTION, INC.:

Printed Name: Rene Mendez, Gonzales City Manager Printed Name: Jeffrey Oxendine, CEO Signature: Signature:

Date: Date:

Packet Pg. 43
Attachment: Revised HCC Agreement_2022_Grant Funded Site (2437 : Agreement with Health Career Connection)

EXHIBIT A
SPONSOR NAME: _City of Gonzales _____________________
Number of Interns to be provided: 1
Name of Intern(s) Official HCC
Representative
Preceptor Department Internship start and
end dates. If blank,
to be determined by
May 15, 2022
Special Terms for
Internship (specify
“none” if no special
terms apply)
Jose A. Jimenez
CC: Jeff Oxendine
Carmen Gil Community
Engagement
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Attachment: Revised HCC Agreement_2022_Grant Funded Site (2437 : Agreement with Health Career Connection)

EXHIBIT B

1. Consultant Name and Address: Health Career Connection, Inc. 300 Frank H. Ogawa Plaza, Suite 243 Oakland, CA 94612

2. Financial Arrangement:

Total: $0 Admin and Program Fee
Rate of payment: The Sponsoring Organization will pay the total within thirty (30) days upon receipt of invoice

3. Invoices to be submitted to: Name: ______________________________ Address: ______________________________
Phone: ______________________________
Email: ______________________________
Fax: ______________________________

4. Notices to be sent to:

For Sponsoring Organization
Name: ______________________________
Address: ______________________________
Phone: ______________________________
Email: ______________________________
Fax: ______________________________
For Health Career Connection:

Jeffrey Oxendine
CEO
Health Career Connection
300 Frank H. Ogawa Plaza, Suite 243,
Oakland, CA 94612
[email protected]
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Attachment: Revised HCC Agreement_2022_Grant Funded Site (2437 : Agreement with Health Career Connection) City of Gonzales

COMMUNITY ENGAGEMENT & STRATEGIC

PARTNERSHIPS

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: June 6, 2022
FROM: Carmen Gil, Community Engagement & Strat. Partnership Dir.

THROUGH: René L. Mendez, City Manager
SUBJECT: Agreement with T-Mobile

RECOMMENDATION
Staff recommends that the City Council approve and allow the City Manager to sign an extension to the Agreement for the Private/Public Partnership with T-Mobile for 1,745 HotSpots as part of our “Universal Broadband for All” initiative for another 2 years for a total amount not to exceed $635,319.60.

BACKGROUND
The City adopted a Broadband Infrastructure Strategy on May 15 of 2017. At its core, its purpose is to provide basic and reliable internet service to every household in Gonzales. The strategy clearly put forth broadband and achieving “Universal Broadband for All” as one of the cornerstones of the City’s strategy to continue to improve and serve the community. It recognizes that to be competitive and provide the necessary tools for our community to thrive in the 21st century, internet connectivity is an essential tool.

In late 2019 the City received 2,000 HotSpots and begun distributing them in February of 2020. At the time we could not phantom the value of this program; City leadership had the foresight to know that it was important and would help address the digital divide, but it couldn’t have known, at the time, that the HotSpots would literally be lifesavers for many residents, not to mention lifelines to connectivity and to continued education for our local students and adult learners.

The City was not only able to equip every student and family that needed a wifi device with a HotSpot, it was also able to support partners like Chualar Unified School District, the Monterey County Library System and the Virus Integrated Distribution of Aid (VIDA) County program by lending some of the extra devices to them for a low rate which was critical at that time given that it was almost impossible to AGENDA
ITEM
11 Packet Pg. 46
attain broadband devices since providers were out everywhere given the high demand across the nation.

These strategic partnerships were a win – win for both sides as they allowed our partners to provide their constituents with much-needed broadband connection and allowed us to offset some of the program costs.

In total these partnerships have offset total program costs by $44,820 in the last fiscal year and $40,410 is pending for this year.

Moreover, extending the contract with T-Mobile for another two years is critical to continue providing our community with Wi-Fi access for 1) In order to allow the recently formed South Salians Valley Broadband JPA to complete its work; and 2). the HotSpot program has been such as huge success with the community that to take it away without having another option in place would be detrimental.

As we wait for the infrastructure to be developed for city-wide broadband it is important that we have something in place to continue offering wifi for our families and residents at a low cost and the current best solution is through our T-Mobile Hotspots that have proven to be reliable and a great asset for our community.

REVIEW AND ANALYSIS
The HotSpot program has been a great success. It put us at the forefront of innovation and connectivity. It has allowed us to address the digital divide in a way that hadn’t been done before and that the pandemic pushed others to respond to accordingly, whereas the City was already ahead of the game by owning the 2,000 HotSpots and having a contract in place with T-Mobile that allowed us to bypass the stressor of not having our students have access to wifi while they had to engage in distance learning. Without this critical service our students would have been even further behind on their learning and the impacts of isolation would have been even worse given that through the devices individuals still had an opportunity to connect virtually.

Duties and Commitments
If the Council decides to extend the Agreement with T-Mobile for another two years to continue providing internet connectivity to residents a charge of $15.17 per device per month will be incurred with a subsidy of $157,050, making the City responsible for the total of the contract not to exceed $635,319.60.

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: This program will not only continue to support the community in achieving high speed internet connectivity. It will also continue to put our community at the forefront of innovation and support our youth and adult learners in the competitive 21st century.

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: This program aligns with our mission to provide top-notch quality of life services and supports for our community. It will ensure that no matter what happens with the pandemic, we will be ready to continue addressing the issue of broadband for the next two years.

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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 Mission.

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 X Yes No N/A
Explain: See above.

ALTERNATIVES
1) The Council can decide to move forward with the Agreement for another two years while we are also working on setting up the infrastructure for broadband connectivity via the recently formed South Salinas Valley Broadband JPA. That way there is no lapse in service, and we can continue to offer connection to all of our local families and students. Especially as we move into the fall and winter seasons, and we don’t know how the COVID-19 pandemic will affect our schools and student learning. 2) The Council can decide not to move forward with the 2-year contract which will result in the contract ending on June 30th of 2022 and connectivity being turned off. This will affect the 1,745 lines that are currently active and being used by throughout the community.

BUDGET IMPACT
The impact to the budget over the next two years will be $635,319.60 or $317,659.80 per year. The FY 2022-2023 reflects utilizing American Rescue Plan (ARP) funds to cover the costs. It is expected as other revenue sources materialize, and/or other expenditures decrease (i.e, insurance costs), there will be sufficient resources to cover the second year.

CONCLUSION
It is recommended that the City Council approve and allow the City Manager to sign on to another 2-year agreement with T-Mobile for the HotSpot “Universal Broadband for All” program, which will continue to cover the cost of 1,745 HotSpots. For a total not to exceed $635,319.60.

Attachments:

1. Agreement with T-Mobile
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1 T-Mobile For Education EmpowerED Agreement (with Device Subsidy) 2 year term – (Final Template v01/01/2022)
CLM 1375991 (Legal Final 5-23-22_LR)
T-Mobile for Education
EmpowerED Agreement (with Device Subsidy)
2-Year Term
This T-Mobile for Education EmpowerED Agreement (with Device Subsidy) (“Agreement”) is effective as of the date the second Party signs this Agreement below (“Agreement Effective Date”), and is by and between T-Mobile USA, Inc., a Delaware corporation (“T-Mobile” or “Contractor”), and City of Gonzales, CA, a(n) California municipality, with its principal place of business at 147 Fourth St, Gonzales, CA 93926 (“Customer”).

1. Term. The term of this Agreement is twenty-four (24) months commencing June 1, 2022 and ending June 30, 2024 (“Term”), and each line of Service will have a twenty-four (24) month service term from date of activation (“Service Period”).

In the event a line of Service has a Service Period that extends beyond the expiration of the Term, the terms and conditions of this Agreement will continue to apply to such line of Service for the remainder of its Service Period.

2. Underlying Agreement. Customer agrees to purchase wireless mobile Services and Devices from T-Mobile and T-Mobile agrees to provide the Services and Devices to Customer based on the prices listed below. The terms of Customer’s purchase and use of the Services will be governed by this Agreement and by this Agreement and the NASPO ValuePoint Contract No.

MA176 and applicable Participating Addendum (“Master Agreement”). (a) The terms and conditions of this Agreement or the Master Agreement will not be modified or superseded by any terms and conditions in a Customer-generated Purchase Order. Purchase Orders will have no force or effect other than to denote quantity, the products or services purchased, delivery destinations, requested delivery dates and any other information required by this Agreement.
(b) In the event the Master Agreement is terminated or expires and is not renewed prior to the expiration of the Term of this Agreement, T-Mobile may enter into a follow-on master agreement for the period after termination or expiration of the Master Agreement (a “New Master Agreement”), in which case the New Master Agreement will be substituted for the existing Master Agreement for the remainder of the Term, and the terms and conditions of the New Master Agreement shall supersede and replace the terms of the existing Master Agreement. In the event the Master Agreement is terminated or expires and is not renewed prior to the expiration of the Term, and T-Mobile does not enter into a New Master Agreement, then Customer and T-Mobile will: (i) mutually agree to amend this Agreement in order to transition it under another available master agreement to be substituted for the Master Agreement; or (ii) enter into a mutually agreeable alternative agreement to be substituted for the Master Agreement.
(c) Notwithstanding anything to the contrary in this Agreement, following the expiration of a line’s Service Period, TMobile will continue to provide the Services to Customer for such line under the pricing, discounts and other terms and conditions set forth in this Agreement, or, with 30 days’ advance notice to Customer, at standard list pricing, until either party provides 30 days’ advance written notice to terminate the Service for such line.

3. Offer/Pricing. Mobile Rate Plans include Mobile Device as listed below:
• Discounted or free mobile Internet devices dependent on rate plan as described below.

Rate Plan Monthly
Recurring
Charge/Line*
Features Device Subsidy/line**
Government
Unlimited LTE
$15.17 Unlimited on-device 4G LTE data $90 subsidy/line * Prices above do not include applicable taxes and surcharges; not qualified for any further aggregate volume discount. ** Discounted/subsidized Device offer is subject in all cases to inventory availability.

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Attachment: Agreement with T-Mobile (2435 : Agreement with T-Mobile) 2 T-Mobile For Education EmpowerED Agreement (with Device Subsidy) 2 year term – (Final Template v01/01/2022)
CLM 1375991 (Legal Final 5-23-22_LR)

4. Total Order. Customer agrees to order the following lines of Service and, if applicable, Devices. Amounts below do not include any applicable taxes and surcharges:
1 “Total # of Lines of Service” include: 1,745 lines activated on/around October 1, 2019 on billing account numbers #967822590 and #967822032. 2“Total Customer Commitment for Service and Device for Term of the Agreement” is equal to (i) the “Total Service Charge for Term,” plus (ii) the “Total Pre-Discount/Subsidy Cost of Device,” minus (iii) the “Total Subsidy Amount to Customer under T-Mobile EmpowerED Program.”

5. (a) Requirements to qualify for Device Discount/Subsidy; Clawback. • For the Device Discount/Subsidy to be effective, Customer must purchase a Device from T-Mobile with an activated line of Service based on the rate plan listed above under its Master Account. Each line of Service must be activated and maintained for the entire Service Period applicable to such line, without any suspension or termination of any line of Service that received the Device Discount/Subsidy (except as provided below in this subsection (a)).
• Customer agrees that it cannot change or move the lines of Service with a Device Discount/Subsidy to a different or lower Rate Plan during the applicable Service Period and if it does, Customer will reimburse T-Mobile for the Device Discount/Subsidy received, as set forth in subsection (c) below. • Each line of Service and each Device purchased must be activated in accordance with the terms of the Master Agreement.
• This Device Discount/Subsidy cannot be combined with any other discount or promotional offers. • Customer’s account must remain in good standing with T-Mobile to receive the Device Discount/Subsidy. • Lines of Service that are terminated or suspended (without reactivation) prior to the completion of their Service Period will be subject to repayment of the Device Discount/Subsidy as set forth below in subsection (c).

Customer may suspend lines during the summer months while Customer is not in session; however, the Service Period for those lines of Service will be extended by the amount of time of any such suspension, and the months while the lines of Service are suspended will not qualify to meet the applicable Service Period. (b) Device Discount/Subsidy on Customer’s Master Account. Subject to the requirements in the subsection (a) above, T-Mobile will issue the Device Discount/Subsidy when Customer submits an order to T-Mobile under its Master Account.
(c) Device Discount/Subsidy Term/Termination; Device Discount/Subsidy Repayment. If any line of Service that received a Device Discount/Subsidy is terminated or suspended (without reactivation) prior to the end of its applicable Service Period, then Customer agrees to reimburse T-Mobile a pro rata portion of the Device Discount/Subsidy equal to: (i) 1/24th,
of the discounted or subsidized amount, multiplied by (ii) the number of months remaining in the applicable Service Period (i.e., the number of uncompleted months of the Service Period). T-Mobile will charge Customer the repayment amount of the Device Discount/Subsidy for each line of Service terminated before the end of the applicable Service Period on Customer’s monthly bill.

6. Privacy. If Customer allows end users under the age of 13 to use the Services, Customer and T-Mobile agree to the terms and representations contained in the “COPPA Notice Addendum” attached as Exhibit A to this Agreement. Customer, and not T-Mobile, will be fully responsible for any claims relating to Customer’s failure to: (i) properly notify eligible Total # of
Lines of
Service 1
Rate Plan
(check
applicable
rate plan)
Service
Period
Length
(months)
Total Service
Charge for
Term
PreSubsidy
Cost per
Device
Total
Pre-Subsidy
Cost of
Devices
Total Subsidy
Amount to
Customer under TMobile EmpowerED
Program (Subsidy
from Section 3 x
# of Lines)
Total Customer
Commitment
for Service and
Device for the
Term of the
Agreement 2
1,745 $15.17 24 $635,319.60 $90 $157,050 $157,050 $635,319.60 Packet Pg. 50
Attachment: Agreement with T-Mobile (2435 : Agreement with T-Mobile) 3 T-Mobile For Education EmpowerED Agreement (with Device Subsidy) 2 year term – (Final Template v01/01/2022)
CLM 1375991 (Legal Final 5-23-22_LR)
students about any data collection and/or monitoring of use of the Services and Devices; or (ii) collect any necessary consent relating to an eligible student’s use of the Services and Devices.

7. Prepayment. Customer may, at its option, prepay in whole or in part Customer’s total fee commitment for Services and Devices ordered under this Agreement. With respect to any such prepayment (or any other related payment), Customer is solely responsible for ensuring Customer’s compliance with all applicable Federal, State and Local funding source and procurement laws, rules and regulations (including, without limitation, laws, rules and regulations under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, and Customer represents and warrants compliance with the same.

8. Emergency Connectivity Fund; SPI Invoicing. If Customer is participating in the Emergency Connectivity Fund (ECF) program in connection with this Agreement, Customer is solely responsible for ensuring Customer’s compliance with all applicable ECF program-related laws, rules, regulations and terms and conditions of participation. Additionally, if Customer has requested that T-Mobile invoice the federal government for reimbursement of the discountable amounts of the ECF equipment and services (i.e., the SPI invoicing method), Customer has read and agrees to the terms and conditions of the Emergency Connectivity Fund Service Provider Invoice (SPI) Affirmation attached as Exhibit B.

9. Primary Contacts: The primary contact individuals for this Agreement are as follows (or their named successors):

T-Mobile/Contractor
Name: David Bezzant, Vice President, T-Mobile For Government Address: c/o T-Mobile USA, Inc., 12920 SE 38th Street, Bellevue, WA 98006 Telephone: (425) 383-4000
Email: [email protected]
For Legal Notice – send a copy to:

Name: Legal Department – Sales & Distribution, T-Mobile USA, Inc.

Address: 12920 SE 38th Street, Bellevue, WA 98006
Customer:

Name of School/
Contact Name: City of Gonzales, CA/Carmen Gil
Address: 147 Fourth St, Gonzales, CA 93926
Telephone: (408) 444-0004 ext. 207
Email: [email protected]
This Agreement is executed by each Party’s authorized representative as of the Agreement Effective Date.

Customer: City of Gonzales, CA Contractor: T-Mobile USA, Inc.

Signature: Signature:

Printed Name: Printed Name:

Title: Title:

Date: Date:

Reviewed and Acknowledged:
________________________________
T-Mobile USA, Inc. Legal Representative
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Attachment: Agreement with T-Mobile (2435 : Agreement with T-Mobile) 4 T-Mobile For Education EmpowerED Agreement (with Device Subsidy) 2 year term – (Final Template v01/01/2022)
CLM 1375991 (Legal Final 5-23-22_LR)

EXHIBIT A
COPPA Notice Addendum
T-Mobile is providing Customer with direct notice of its data collection, use and disclosure practices set forth below that relate to the Service(s). Customer has read this notice, consents on behalf of parents and guardians of children under 13 to the collection, use and disclosure practices described below, and authorizes T-Mobile to engage in such practices.

Direct Notice of T-Mobile’s Data Collection, Use, and Disclosure Practices We need your consent to collect personal information from your child(ren) in connection with the T-Mobile for Education service. We will not collect, use, or disclose any personal information from children under 13 if you do not provide such consent. This privacy notice describes the personal information we collect and how we use it. The Federal Trade Commission has stated that a district or school may consent to such data collection, use, and disclosure on behalf of the parent or guardian to the extent such data collection, use, and disclosure is to provide services solely for the benefit of the school.

T-Mobile intends to collect the following personal information from your child(ren):
• Data Usage: T-Mobile tracks quantity of broadband internet data usage to have that usage total counted against applicable data usage/streaming limits, if any. As part of delivering this service, T-Mobile also receives the IP address associated with the websites visited. • Unique identifiers: T-Mobile collects a device and network identifier to authenticate the device on our network and provide the service.
• Bandwidth data: T-Mobile may share device-level bandwidth data with the educational institution at the educational institution’s specific request, to allow the educational institution to stay informed on devices that exceed applicable data usage/streaming limits.

T-Mobile uses this personal information only to provide internet connectivity and perform internal analytics. TMobile may disclose this personal information to its service providers for assistance in delivering the service, and they must treat this information as confidential and use it only for the purposes for which T-Mobile engaged them.

T-Mobile will not disclose information that may be associated with your child to any other entities.

Please be advised that T-Mobile provides connectivity to the general internet through the T-Mobile for Education service. That connectivity allows children to access websites that may involve data collection by third parties. TMobile is not responsible for the data collection activities of these third parties and you should carefully monitor your child’s use of the service.

For more information, please visit “Our Privacy Policies” at https://www.t-mobile.com/privacy-center/our-practices.

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Attachment: Agreement with T-Mobile (2435 : Agreement with T-Mobile) 5 T-Mobile For Education EmpowerED Agreement (with Device Subsidy) 2 year term – (Final Template v01/01/2022)
CLM 1375991 (Legal Final 5-23-22_LR)

EXHIBIT B
Emergency Connectivity Fund
Service Provider Invoice (SPI) Affirmation
T-Mobile U.S. Inc. (NASDAQ: TMUS) America’s supercharged Un-carrier, is participating in the Emergency Connectivity Fund (ECF), a $7.17 billion, federally funded, program that will help schools and libraries close the Homework Gap by providing funding for the reasonable costs of laptop and tablet computers; Wi-Fi hotspots; modems; routers; and broadband connectivity purchases for off-campus use by students, school staff, and library patrons in need during the COVID-19 pandemic.

ECF allows for participating schools and libraries to seek reimbursements for eligible service and equipment either directly from the government (BEAR invoicing method) or by requesting that the service provider invoice the government (SPI invoicing method). T-Mobile is participating in the SPI invoicing method for this program.

If requested to do so by the school or library, T-Mobile is willing to invoice the federal government rather than the school or library for payment. You must specify at the application stage which invoicing method you would like to use. If your school or library would like to use the SPI invoicing method, you must also submit evidence of TMobile’s willingness, and may use this statement as an affirmation that T-Mobile is participating in SPI when completing your Form 471. We affirm our willingness to participate in the SPI invoicing method subject to the following:

Prior to the start of service and receipt of equipment, if any, Customers who select the SPI invoicing method will enter into and execute an applicable T-Mobile services contract for the provision of ECF broadband connectivity services. T-Mobile will file the SPI Form to request reimbursement for the discountable amounts of the ECF eligible equipment and services. Customer is responsible for all charges related to any ineligible equipment and services or services obtained but not contained in the description of the service commitment request or decision. Until the Universal Service Administrative Co. (USAC) has issued a funding commitment, Customer agrees to pay the balance in full as billed by T-Mobile. Customer must elect SPI to be billed only the non-discounted portion. Customer account credits applied may be estimates subject to true-up in a later billing period. Customer is responsible for all charges incurred until and unless ECF funding is approved and disbursed by USAC, at which time Customer will remain responsible for all ineligible services, feature charges, and any other ECF program amounts unfunded, including equipment. Also, Customers who chose the SPI invoicing method should be aware that if ECF funding ends before the term of their services contract, they will be subject to the agreed rate of service for the remainder of the contract, net of any subsidy.

For more information about ECF, please refer to the FCC ECF or USAC ECF websites.

T-Mobile SPIN #:143026181
T-Mobile FRN #: 0004121760
T-Mobile DUNS #: 06-852-8376
T-Mobile Tax ID: 91-1983600
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Attachment: Agreement with T-Mobile (2435 : Agreement with T-Mobile) City of Gonzales

COMMUNITY DEVELOPMENT DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: June 6, 2022
FROM: Taven Kinison Brown, Community Development Director THROUGH: René L. Mendez, City Manager
SUBJECT: Resolution No. 2022-33 Award a Consulting Services Agreement with EMC Planning Group for CEQA Services for the Gloria Road Cooler Project - Phase 1 Scope of Work.

RECOMMENDATION
It is recommended that the City Council:
• Receive the staff report; and
• Adopt Resolution No. 2022-33, A Resolution of the City Council of the City of Gonzales authorizing execution of a consulting services agreement between the City of Gonzales and EMC Planning Group for CEQA Services for the Gloria Road Cooler Project – Phase 1 Scope of Work.

BACKGROUND
On January 18, 2022, the City Council Approved a three year On-Call Consultant list for Professional Planning Services that included EMC Planning Group as a selected firm, among others.

About February and March, the Rianda Family Limited Partnership approached the City about the possibility of annexing a portion of their Gloria Road property that is within the City Sphere of Influence (SOI) for the development of an agricultural cooler facility and asked that the City process a discretionary permit application for the facility once the land areas are within the City limits upon a successful annexation.

AGENDA
ITEM
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On April 18, 2022, the City Council approved a Reimbursement Agreement between the City of Gonzales and Rianda Family Limited Partnership and authorized the City Manager to sign the agreement.

Since this time, City staff and the Rianda Family Limited Partnership and their representatives have been working to enhance the project description, proposed facility configuration and have been considering onsite and off -site improvements that may be necessary to support the cooler facility.

REVIEW & ANALYSIS
Briefly, the project area lies across the southeastern city limit line along Gloria Road on a 107-acre property owned by the Rianda Family Limited Partnership. Twenty-three (23) acres within the city limits are zoned Highway Commercial and are not proposed for development at this time, but on the balance of the 84 acres owned, the partnership is exploring construction of a 240,888 – 310,863 square foot cooler facility with 907,744 – 1,047,744 square feet of impervious surfaces to accommodate parking and pavement areas for employees and agricultural vehicles and outdoor storage. The facility will consist of approximately 188,750 square feet of raw product cold storage, processing lines where the produce will be cleaned, sized, packaged, and shipped, as well as approximately 47,700 square feet of office administration space and miscellaneous mechanical and storage rooms and shop areas. (See the Site Plan in Attachment 2)
City staff is prepared to immediately proceed with the CEQA/EIR process, however, the client has expressed a willingness to pay for a measured process to explore potential traffic impacts first, before committing greater financial resources to the full CEQA environmental review. Staff believes this to be a prudent approach. To get started, a Consulting Services Agreement between the City of Gonzales and EMC Planning Group must be signed by all parties prior to work commencing. The monetary amount of the contract will reflect the costs associated with the primary traffic analysis tasks to be conducted. EMC and Hexagon Traffic Consultants, Inc., (their sub-consultant) have estimated approximately $45,000 will be needed to complete the traffic review.

Later, after reviewing the completed traffic study and its recommendations, should the Rianda Family Limited Partnership wish to continue their quest to build this significant agricultural cooler facility, a new scope of work will be developed to complete the CEQA review and deliver the project through City and LAFCo processes, requiring additional Council action at that time.

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: Preparation of a project specific traffic analysis (as a first step in the CEQA documentation needed to entitle an agricultural cooler and processing facility), supports our vision to provide new job opportunities.

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: Preparation of the project specific traffic analysis (as a first step in the CEQA documentation needed to entitle an agricultural cooler and processing facility) will lead to the enhancement of the community’s quality of life by ultimately providing new job opportunities.

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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 Explain: Planning review under the California Environmental Quality Act (CEQA) allows full disclosure of potential environmental impacts and informs the public and decision makers prior to taking action on new developments.

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: The costs of reviewing and analyzing most new development proposals should be born by the private parties in interest. Contractual Planning services, paid through reimbursement agreements with project proponents, protects the general fund and strives to be fiscally neutral.

ALTERNATIVES

1. Direct staff to seek additional proposals for this contract.

2. Amend or modify staff recommendation.

BUDGET IMPACT
This anticipated $45,000 contract will be funded by the Rianda Family Limited Partnership and have no impact to the general fund or other accounts.

CONCLUSIONS
It is recommended that the City Council adopt Resolution No. 2022-33, A Resolution of the City Council of the City of Gonzales authorizing execution of a consulting services agreement between the City of Gonzales and EMC Planning Group for CEQA Services for the Gloria Road Cooler Project – Phase 1 Scope of Work.

Attachments:

1. Resolution No. 2022-33 with Consulting Services Agreement

2. Proposed Site Plan
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RESOLUTION NO. 2022-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

AUTHORIZING EXECUTION OF A CONSULTING SERVICES AGREEMENT

BETWEEN THE CITY OF GONZALES AND EMC PLANNING GROUP FOR CEQA SERVICES FOR THE GLORIA ROAD COOLER PROJECT – PHASE 1 SCOPE OF WORK.

WHEREAS, on January 18, 2022, the City Council adopted Resolution No. 2022-09, establishing a three-year on-call consultant list for planning services that included EMC Planning Group; and
WHEREAS, about March 2022, the Rianda Family Limited Partnership approached the City about the possibility of annexing a portion of their Gloria Road property within the City Sphere of Influence (SOI) for the development of an agricultural cooler facility; and WHEREAS, the Rianda Family Limited Partnership also asked that the City process a discretionary permit application for the agricultural cooler facility once the land areas are within the City limits upon a successful annexation; and
WHEREAS, on April 18, 2022, the City Council approved a Reimbursement Agreement between the City of Gonzales and Rianda Family Limited Partnership and authorized the City Manager to sign the agreement; and
WHEREAS, City staff and the Rianda Family Limited Partnership and their representatives have been working to enhance the project description, proposed facility configuration and have been considering on-site and off -site improvements that may be necessary to support the cooler facility; and
WHEREAS, City staff is prepared to immediately proceed with the CEQA/EIR processes, however, the client has expressed a measured process to explore the potential traffic impacts first, before committing financial resources to the full CEQA environmental review; and WHEREAS, a Non-Exclusive Consulting Services Agreement between the City of Gonzales and EMC Planning Group must be developed and signed by all parties prior to work commencing; and
WHEREAS, the monetary amount of the contract will reflect the costs associated with the primary traffic analysis tasks to be conducted. EMC and sub-consultant Hexagon have estimated approximately $45,000 will be needed to complete the traffic review; and WHEREAS, the traffic analysis work will be prepared in accordance with the requirements of the California Environmental Quality Act; and
WHEREAS, following the traffic analysis work, should the Rianda Family Limited Partnership wish to continue their quest to build this significant agricultural cooler facility, a new scope of work will be developed to complete the CEQA review and deliver the project through all City and LAFCo processes, requiring additional funding from the applicant and Council action at that time.

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Attachment: Resolution No. 2022-33 with Consulting Services Agreement (2432 : Resolution No. 2022-33 Agreement with EMC for Gloria Road NOW THEREFORE, BE IT HEREBY RESOLVED that the City Manager is authorized and further directed to prepare and execute an appropriate contract with EMC Planning Group in an amount not to exceed $45,000, according to the Phase 1 Scope and Budget.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 6th day of June 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_______________________________
Jose Rios, The Honorable Mayor
ATTEST:
__________________________
Mary Villegas, Deputy City Clerk
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Attachment: Resolution No. 2022-33 with Consulting Services Agreement (2432 : Resolution No. 2022-33 Agreement with EMC for Gloria Road Consulting Services Agreement between
City of Gonzales and EMC Planning Group - Gloria Rd Cooler Phase 1 Traffic Analysis Page 1 of 13

CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF GONZALES AND

EMC PLANNING GROUP FOR PREPARATION OF CEQA/NEPA DOCUMENTS FOR THE GLORIA RD COOLER – PHASE 1 TRAFFIC ANALYSIS
THIS AGREEMENT for consulting services is made by and between the City of Gonzales ("City") and EMC Planning Group ("Consultant") (together sometimes referred to as the "Parties") as of June 6, 2022 (the "Effective Date").

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

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 6, 2023, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8.

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

1.3 Assignment of Personnel. Consultant shall assign 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. City hereby agrees to pay Consultant a sum not to exceed $45,000, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, Packet Pg. 59
Attachment: Resolution No. 2022-33 with Consulting Services Agreement (2432 : Resolution No. 2022-33 Agreement with EMC for Gloria Road Consulting Services Agreement between
City of Gonzales and EMC Planning Group - Gloria Rd Cooler Phase 1 Traffic Analysis Page 2 of 13 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., Invoice 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;
 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 any 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 submitted invoices, 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 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.

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Attachment: Resolution No. 2022-33 with Consulting Services Agreement (2432 : Resolution No. 2022-33 Agreement with EMC for Gloria Road Consulting Services Agreement between
City of Gonzales and EMC Planning Group - Gloria Rd Cooler Phase 1 Traffic Analysis Page 3 of 13

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

2.6 Reimbursable Expenses. Reimbursable expenses are included in the total authorized compensation provided under this Agreement.

Mark-up for subconsultants and other outside direct costs shall not exceed 10%.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any 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. Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.

Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City.

Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City.

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

4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a Packet Pg. 61
Attachment: Resolution No. 2022-33 with Consulting Services Agreement (2432 : Resolution No. 2022-33 Agreement with EMC for Gloria Road Consulting Services Agreement between
City of Gonzales and EMC Planning Group - Gloria Rd Cooler Phase 1 Traffic Analysis Page 4 of 13 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.
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.

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Attachment: Resolution No. 2022-33 with Consulting Services Agreement (2432 : Resolution No. 2022-33 Agreement with EMC for Gloria Road Consulting Services Agreement between
City of Gonzales and EMC Planning Group - Gloria Rd Cooler Phase 1 Traffic Analysis Page 5 of 13 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.

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 Packet Pg. 63
Attachment: Resolution No. 2022-33 with Consulting Services Agreement (2432 : Resolution No. 2022-33 Agreement with EMC for Gloria Road Consulting Services Agreement between
City of Gonzales and EMC Planning Group - Gloria Rd Cooler Phase 1 Traffic Analysis Page 6 of 13 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:
 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.

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Attachment: Resolution No. 2022-33 with Consulting Services Agreement (2432 : Resolution No. 2022-33 Agreement with EMC for Gloria Road Consulting Services Agreement between
City of Gonzales and EMC Planning Group - Gloria Rd Cooler Phase 1 Traffic Analysis Page 7 of 13 Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, defend with counsel acceptable to City, indemnify, and hold City, its officers, employees, agents, and volunteers, harmless from and against any and all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, ("Claims"). Consultant will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly ("Liability"). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City.

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

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

Section 6. STATUS OF CONSULTANT.

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

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

Section 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant's Failure to comply with any law(s) or Packet Pg. 65
Attachment: Resolution No. 2022-33 with Consulting Services Agreement (2432 : Resolution No. 2022-33 Agreement with EMC for Gloria Road Consulting Services Agreement between
City of Gonzales and EMC Planning Group - Gloria Rd Cooler Phase 1 Traffic Analysis Page 8 of 13 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.

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.

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Attachment: Resolution No. 2022-33 with Consulting Services Agreement (2432 : Resolution No. 2022-33 Agreement with EMC for Gloria Road Consulting Services Agreement between
City of Gonzales and EMC Planning Group - Gloria Rd Cooler Phase 1 Traffic Analysis Page 9 of 13

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

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, Packet Pg. 67
Attachment: Resolution No. 2022-33 with Consulting Services Agreement (2432 : Resolution No. 2022-33 Agreement with EMC for Gloria Road Consulting Services Agreement between
City of Gonzales and EMC Planning Group - Gloria Rd Cooler Phase 1 Traffic Analysis Page 10 of 13 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 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.

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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.

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

10.10 Notices. Written notice to Consultant shall be sent to:

Teri Wissler Adam, Senior Principal
EMC Planning Group
301 Lighthouse Avenue, Suite C
Written notice to City shall be sent to:

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Attachment: Resolution No. 2022-33 with Consulting Services Agreement (2432 : Resolution No. 2022-33 Agreement with EMC for Gloria Road Consulting Services Agreement between
City of Gonzales and EMC Planning Group - Gloria Rd Cooler Phase 1 Traffic Analysis Page 12 of 13 Mary Villegas, Administrative Specialist/Deputy City Clerk City of Gonzales
P.O. Box 647 / 147 Fourth Street
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, B, and C, 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 Work
Exhibit B Fee Estimate / Budget

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 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.

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CITY OF GONZALES EMC PLANNING GROUP
René L. Mendez, City Manager Teri Wissler Adam, Senior Principal Attest:

Mary Villegas, Deputy City Clerk
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Attachment: Resolution No. 2022-33 with Consulting Services Agreement (2432 : Resolution No. 2022-33 Agreement with EMC for Gloria Road Consulting Services Agreement between
City of Gonzales and EMC Planning Group - Gloria Rd Cooler Phase 1 Traffic Analysis Exhibit A Page 1 of 6 EXHIBIT A

SCOPE OF SERVICES / BUDGET
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Attachment: Resolution No. 2022-33 with Consulting Services Agreement (2432 : Resolution No. 2022-33 Agreement with EMC for Gloria Road Consulting Services Agreement between
City of Gonzales and EMC Planning Group - Gloria Rd Cooler Phase 1 Traffic Analysis Exhibit A Page 2 of 6 Packet Pg. 73
Attachment: Resolution No. 2022-33 with Consulting Services Agreement (2432 : Resolution No. 2022-33 Agreement with EMC for Gloria Road Consulting Services Agreement between
City of Gonzales and EMC Planning Group - Gloria Rd Cooler Phase 1 Traffic Analysis Exhibit A Page 3 of 6 Packet Pg. 74
Attachment: Resolution No. 2022-33 with Consulting Services Agreement (2432 : Resolution No. 2022-33 Agreement with EMC for Gloria Road Consulting Services Agreement between
City of Gonzales and EMC Planning Group - Gloria Rd Cooler Phase 1 Traffic Analysis Exhibit A Page 4 of 6 Packet Pg. 75
Attachment: Resolution No. 2022-33 with Consulting Services Agreement (2432 : Resolution No. 2022-33 Agreement with EMC for Gloria Road Consulting Services Agreement between
City of Gonzales and EMC Planning Group - Gloria Rd Cooler Phase 1 Traffic Analysis Exhibit A Page 5 of 6 Packet Pg. 76
Attachment: Resolution No. 2022-33 with Consulting Services Agreement (2432 : Resolution No. 2022-33 Agreement with EMC for Gloria Road Consulting Services Agreement between
City of Gonzales and EMC Planning Group - Gloria Rd Cooler Phase 1 Traffic Analysis Exhibit A Page 6 of 6 Packet Pg. 77
Attachment: Resolution No. 2022-33 with Consulting Services Agreement (2432 : Resolution No. 2022-33 Agreement with EMC for Gloria Road Consulting Services Agreement between
City of Gonzales and EMC Planning Group - Gloria Rd Cooler Phase 1 Traffic Analysis Exhibit B Page 1 of 2 EXHIBIT B

FEE ESTIMATE / BUDGET
Budget Summary by EMC Planning Group for Phase 1 Traffic Analysis to be performed by subcontractor Hexagon.

Hexagon’s detailed task list follows.

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Attachment: Resolution No. 2022-33 with Consulting Services Agreement (2432 : Resolution No. 2022-33 Agreement with EMC for Gloria Road Consulting Services Agreement between
City of Gonzales and EMC Planning Group - Gloria Rd Cooler Phase 1 Traffic Analysis Exhibit B Page 2 of 2 Packet Pg. 79
Attachment: Resolution No. 2022-33 with Consulting Services Agreement (2432 : Resolution No. 2022-33 Agreement with EMC for Gloria Road

PROPOSED SITE PLAN
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Attachment: Proposed Site Plan (2432 : Resolution No. 2022-33 Agreement with EMC for Gloria Road Cooler Project) City of Gonzales

CITY MANAGER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: June 6, 2022
FROM: Rene Mendez, City Manager
SUBJECT: Resolution Authorizing the Establishment and Maintenance of Bank Accounts for the Municipal Funds and Repealing Resolutions in Conflict Herewith

RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2022-34, A Resolution of the City Council of the City of Gonzales Authorizing the establishment and maintenance of bank accounts for municipal funds and repealing resolutions in conflict herewith.

BACKGROUND
The City of Gonzales, currently has municipal fund accounts with Mechanics Bank, both Checking and Money Market, in addition to The Local Agency Investment Fund (LAIF). These are funds used for the day-to-day operations of the City.

It is important that the City maintain current those authorized to maintain and transfer funds for the payment of City expenditures and payroll. As a result of the upcoming changes in city management, it has become necessary to update those officers authorized to maintain, deposit, and transfer funds on behalf of the City’s municipal bank accounts and investment accounts.

REVIEW AND ANALYSIS
As a result of the upcoming changes in city management, it is important to update signature authority related to the City’s municipal bank accounts and investment accounts.

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.

AGENDA
ITEM
13 Packet Pg. 81
Explain: It is important that the City maintain normal operations with appropriate signature authority. This is important because it is necessary to keep a close watch on the resources needed to carryout the Mission.

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 _____ NA
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.

ALTERNATIVES
• Adopt the proposed resolution
• Do not adopt the resolution. However, failure to adopt the resolution may not enable the City to manage its municipal funds for day-to-day operations
• Provide other direction to staff.

BUDGET IMPACT
There is no budget impact to the adoption of this resolution. By approving the proposed resolution, the City of Gonzales will be able to maintain normal city operations.

CONCLUSION
It is recommended that the City Council adopt Resolution No. 2022-34, A Resolution of the City Council of the City of Gonzales Authorizing the establishment and maintenance of bank accounts for municipal funds and repealing resolutions in conflict herewith.

Attachments:

1. Resolution No. 2022-34
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RESOLUTION NO. 2022-34

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

AUTHORIZING THE ESTABLISHMENT AND MAINTENANCE OF BANK

ACCOUNTS FOR MUNICIPAL FUNDS AND REPEALING RESOLUTIONS IN

CONFLICT HEREWITH
WHEREAS, a commercial checking account (General Checking) at Mechanics Bank, Gonzales, California, for the deposit of City revenues to be used by the City Treasurer, or designee to transfer funds to and from the various City accounts as necessary and proper for City operations; and
WHEREAS, a commercial money market account at Mechanics Bank, Gonzales, California, for the deposit of City revenues to be used by the City Treasurer, or designee to transfer funds to and from the various City accounts as necessary and proper for City operations; and
WHEREAS, all of the above Mechanics Bank accounts may be accessed and transfers made using Mechanics Bank “Online Business Banking” system.

NOW THEREFORE, BE IT RESOLVED, that the City Council does hereby stipulate that the proper officers of the City of Gonzales are and are hereby authorized for and in behalf of said City to establish and maintain the above referenced accounts and to provide for deposits to and withdraws from said accounts as follows: all withdrawals from said deposit and payroll accounts to be made by checks or withdrawal slips signed by any two (2) of the following Mayor Jose Rios, Assistant City Manager Mark Hartunian, Public Works Director, Patrick Dobbins, or Finance Director Mike Howard per the current signature card on file at said Bank.

BE IT FURTHER RESOLVED, that the City Council does hereby authorize Mayor Jose Rios, Assistant City Manager Mark Hartunian, Public Works Director Patrick Dobbins, and Finance Director Mike Howard, as per the current signature card on file at said Bank to access and make transfers in the above referenced accounts using Mechanics Bank “Online Business Banking” system.

BE IT FURTHER RESOLVED, that the City Council does hereby authorize Mayor Jose Rios, Assistant City Manager Mark Hartunian, Public Works Director Patrick Dobbins, and Finance Director Mike Howard, to access utility payments to record utility payments to customer accounts in the above referenced Checking Account using Mechanics Bank “Online Business Banking” system.

BE IT FURTHER RESOLVED, that the City Council does hereby authorize Mayor Jose Rios, Assistant City Manager Mark Hartunian, Public Works Director Patrick Dobbins, and Finance Director Mike Howard, as per the current signature card on file at said Bank to execute for and in behalf of said City any and all agreements required by the respective bank mentioned above, including those contained on standard forms of signature cards, in order to open, use, and maintain such bank accounts.

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Attachment: Resolution No. 2022-34 (2450 : Resolution No. 2022-34 Authorizing Signers Bank Accounts) BE IT FURTHER RESOLVED, that the City Council does hereby stipulate that all previous Resolutions which may be in conflict with this Resolution are hereby rescinded.

Jose Rios, Mayor Signature ___________________________
Mark Hartunian, Assistant City Manager Signature ___________________________ Patrick Dobbins, Public Works Director Signature ___________________________ Mike Howard, Finance Director Signature ___________________________ PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales held on the 6
th day of June, 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
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Attachment: Resolution No. 2022-34 (2450 : Resolution No. 2022-34 Authorizing Signers Bank Accounts) City of Gonzales

CITY MANAGER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: June 6, 2022
FROM: Rene Mendez, City Manager
SUBJECT: Resolution Authorizing Investment of Monies in the Local Agency Investment Fund

RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2022-35, A Resolution of the City Council of the City of Gonzales Authorizing Investment of Monies in the Local Agency Investment Fund.

BACKGROUND
The City of Gonzales’s, current investment policy allows the City to invest idle cash in the Local Agency Investment Fund (LAIF). The Local Agency Investment Fund is a voluntary program created by statute; began in 1977 as an investment alternative for California’s local governments and special districts. The program offers local agencies the opportunity to participate in a major portfolio, which invests hundreds of millions of dollars, using the investment expertise of the State Treasurer’s office investment staff at no additional cost to the taxpayer. Monies invested in LAIF earn interest which is paid on a quarterly basis.

REVIEW AND ANALYSIS
As a result of the upcoming changes in city management, it is important to update signature authority related to the City’s municipal bank accounts and investment accounts.

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: It is important that the City maintain normal operations with appropriate signature authority. This is important because it is necessary to keep a close watch on the resources needed to carryout the Mission.

AGENDA
ITEM
14 Packet Pg. 85
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 _____ NA
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.

ALTERNATIVES
• Adopt the proposed resolution
• Do not adopt the resolution. However, failure to adopt the resolution may not enable the City to manage its municipal funds for day-to-day operations
• Provide other direction to staff.

BUDGET IMPACT
There is no budget impact to the adoption of this resolution. By approving the proposed resolution, the City of Gonzales will be able to maintain normal city operations.

CONCLUSION
It is recommended that the City Council adopt Resolution No. 2022-35, A Resolution of the City Council of the City of Gonzales Authorizing Investment of Monies in the Local Agency Investment Fund.

Attachments:

1. Resolution No. 2022-35
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RESOLUTION NO. 2022-35

A RESOLUTION OF THE CITY OF GONZALES AUTHORIZING INVESTMENT OF

MONIES IN THE LOCAL AGENCY INVESTMENT FUND
WHEREAS, Pursuant to Chapter 730 of the Statues of 1976, Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the City Council of the City of Gonzales does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein in the best interests of the City of Gonzales.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Gonzales as follows:

Section 1. The City Council of the City of Gonzales hereby authorize the deposit and withdrawal of City of Gonzales monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer’s Office of all banking information provided in that regard.

Section 2. The following City of Gonzales Officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund:

Mark Hartunian, Assistant City Manager
Patrick Dobbins, Public Works Director
Mike Howard, Finance Director
PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting held this 6
th day of June, 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. 87
Attachment: Resolution No. 2022-35 (2451 : Resolution No. 2022-35 Authorizing Investment in LAIF) Gonzales Electric Authority
EXECUTIVEDIRECTOR’S OFFICE

STAFF REPORT
TO: Honorable President Rios and Board of Directors
DATE: June 6, 2022
FROM: René L. Mendez, Executive Director
SUBJECT: Microgrid Project Update

RECOMMENDATION
Staff recommends the Board of Directors receive the update on the status of the Microgrid Project.

BACKGROUND
On October 16, 2017, the City of Gonzales began work with ZeroCity LLC and its partner, OurEnergy, on the Gonzales Renewable Energy Project to study the feasibility and take steps to develop an electric power microgrid to serve the Microgrid Program Area. This work led to an action by the City Council on July 2, 2018 to approve in concept the Gonzales Renewable Energy Project, and authorize the City Manager to continue project development.

On August 20, 2018, the Gonzales City Council authorized the creation of 1) the Gonzales Municipal Electric Utility (GMEU) to provide power and heat for the City of Gonzales community, and 2) GEA for the purpose of operating and managing the City’s municipal electric enterprise system, and assisting GMEU in the development of cost-effective and efficient renewable energy opportunities. With this action, GEA/GMEU essentially assumed the responsibility to continue the development of the Gonzales Renewable Energy Project.

On December 2, 2019, your Board of Directors authorized the Executive Director to execute a Memorandum of Understanding (MOU) between GEA and Concentric Power Inc. (Concentric Power) to exclusively negotiate in good faith, to develop an electric microgrid to serve the Microgrid Program Area.

On September 8, 2020 the Board of Directors considered and approved the Energy Services Agreement (ESA) with Bodega Microgrid (Concentric Power). Since 2020, staff has diligently working with Concentric Power Inc. on all the required conditions precedent in the ESA. Unfortunately, the COVID-19 Pandemic slowed down the progress and the more recent Russia-Ukraine war has caused other unexpected challenges; the bottom line being that this project has taken a lot longer than anticipated.

AGENDA
ITEM
15 Packet Pg. 88
Project Benefits
As a reminder, the proposed Microgrid Project is expected to provide a range of benefits to the Gonzales Agricultural Industrial Business Park (GAIBP) and ultimately the Gonzales community, including:
• Local, clean, low-cost electric power that supports economic development in the Business Park and with it an expanding tax base and new jobs;
• Reliable electric power delivered 24/7, 365 days a year, with no PG&E “Public Safety Power Shutoffs;”
• Fast electric power hook-ups that avoid the long waits for PG&E grid improvements; • Potential for lower municipal development impact and service fees made possible with microgrid revenues; and
• Job and Economic Development.

Fortunately, while this project has taken a lot longer to develop than originally anticipated, the benefits are no less real today.

REVIEW & ANALYSIS
As mentioned above, the ESA has a lot of “condition precedent” sections that have steadily been worked on since early 2020. All these sections need to be agreed upon and approved by your Board in order for the microgrid to move to construction phase. In addition, because it has taken longer than anticipated and the world is a little bit different today than it was when this project was approved, there may be some adjustment to the ESA that will be brought forward for consideration.

The attached schedule is simply presented to inform your Board on the target dates for the upcoming actions over the next few months, for you to consider and approve many of the conditions precedent in the ESA.

ALTERNATIVES
This simply an informational item.

BUDGET IMPACT
There are no budget impacts per say as a result of this item. All the work underway is covered in the FY 2022-2023 City budget.

CONCLUSION
Staff recommends the Board of Directors receive the update on the status of the Microgrid Project.

Attachments:

1. Schedule
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Gonzales Electric Authority Board
Upcoming Approvals
1 June Board Meetings
June 20, 2022
Present Customer Agreement Form for Approval
June 20, 2022
Present ESA Amendment for Approval
Present Lockbox Agreement for Approval
Present Build Transfer Agreement for Approval
July Board Meetings
July 5, 2022 (July 4 is a holiday)
Present Purchase Option Agreement for Approval
July 18, 2022
Present PG&E Gas Interconnection for Approval
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Attachment: Schedule (2452 : Microgrid Project Update)
Gonzales Electric Authority Board
Upcoming Approvals
2 August Board Meetings
August 1, 2022
Present GMEU Tariffs to Board
Present GMEU Rules to Board
August 15, 2022
Board Approval: GMEU Tariffs
Board Approval: GMEU Rules
Present O&M Agreement for Approval
September Board Meetings
September 6, 2022 (September 5th is a holiday)
Present Assignment Option Agreement for Approval
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Attachment: Schedule (2452 : Microgrid Project Update)
City of Gonzales

CITY ATTORNEY

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: June 6, 2022
FROM: Michael Rodriquez, City Attorney
THROUGH: René L. Mendez, City Manager
SUBJECT: Resolutions Confirming Diagrams and Assessments and Levying Annual Assessments Pursuant to the Benefit Assessment Act of 1982 and the Landscaping and Lighting Act of 1972

RECOMMENDED ACTION
On May 16, 2022, the City Council approved Resolutions 2022-22 through 2022-29 providing preliminary approval of the Engineer’s Reports for each of the involved districts and setting the public hearing date for consideration of the assessments for each district for June 6, 2022. The public hearing was duly noticed during the week of May 30, but because of the holiday and the desire to ensure adequate notice to the public, staff is recommending that this matter be continued to the City Council meeting of June 20, 2022. The Council should open the noticed public hearing to receive any comments, and then continue the hearing and the resolutions by minute motion to the June 20, 2022 City Council meeting.

Staff is available to receive and respond to any questions concerning this recommendation.

AGENDA
ITEM
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City of Gonzales

COMMUNITY ENGAGEMENT & STRATEGIC

PARTNERSHIPS

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: June 6, 2022
FROM: Carmen Gil, Community Engagement & Strat. Partnership Dir.

THROUGH: René L. Mendez, City Manager
SUBJECT: Presentation on Partnership with T-Mobile

RECOMMENDATION
Receive a report on T-Mobile’s continued commitment to working in partnership with the City of Gonzales around broadband connectivity and helping to set up the infrastructure needed for wiring a 5G enabled Gonzales Community Center Complex.

BACKGROUND
The City’s Broadband Infrastructure Strategy was initially approved by the Council on May 15 of 2017.

At its core, the initiative’s purpose is to provide basic and reliable internet to every household in Gonzales. Through this strategy, the City was able to work on developing a partnership with T-Mobile where through their T-Mobile for Education initiative they were able to work with the City to guarantee a subsidized rate for wifi internet services which allowed the City to secure 2,000 HotSpots so that every household that wanted one could have equitable access to one.

In late 2019 the City received the 2,000 HotSpots and begun distributing them in February of 2020, little did we know that having the HotSpots available then was going to pay tenfold when the COVID-19 pandemic hit. Fasttrack to today when the HotSpots have been upgraded to 5G and the community is very happy with their free high-speed wifi device. Having the foresight to partner with T-Mobile as part of their Education initiative was a great decision made by the Council back in 2017. Their desire to build in an equitable broadband system was invaluable. At that time the Council understood the importance of having the advantage of free universal broadband, and now more than ever as we move forward with the Gonzales Community Center Complex it is important to consider how we are going to build in the infrastructure to support 5G connectivity at the center. We are fortunate that the partnership with TAGENDA ITEM
17 Packet Pg. 93
Mobile has been fruitful and that they are a committed to continue partnering with the City on digital equity by supporting the provision of sustainable and reliable connectivity not only for the Gonzales Community Center Complex site, but for the entire community. For the Gonzales Community Center Complex this means partnering with us now as we think through the needed infrastructure to help us build a state-of-the-art facility with complete wifi connectivity.

REVIEW AND ANALYSIS
The commitment from T-Mobile to continue partnering with the City is a great opportunity. Their expertise not only from across the nation but also the global spectrum will give us an edge as we are build the Community Center of the future. With access to their resources, partnerships and technical expertise we can be sure that what we are putting forth to the community will be like nothing else they have seen.

Duties and Commitments
The City will continue working in partnership with T-Mobile as we move forward on advancements to fully build in wifi capabilities into the Gonzales Community Center Complex.

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: This partnership will help us continue to explore the newest and greatest wifi capabilities for the Gonzales Community Center as we begin to build out the infrastructure.

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 how it supports the city’s 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.

Explain: This partnership will support our city’s continued edge on innovation and community well-being by helping us bring equitable universal broadband to our community.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes No X N/A
• Housing Yes No X N/A
• Recreation X Yes No N/A
• Environment Yes No X N/A
• Education X Yes No N/A
Explain: Please see explanation above for the explanation.

ALTERNATIVES
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If the Council decides not to partner with T-Mobile at this time, it will be a missed opportunity. As the process of development is unfolding for the center, partnering with T-Mobile early will help give us insights to what we don’t know and what the future of technology will hold so that we can best prepare the center to meet the demands of tomorrow. Given that technology changes so frequently, this is necessary. That way when we begin to build out we are building in the infrastructure that will be needed for the future and not infrastructure that is going to be considered outdated within a few years. The best way to do that is to be responsive to the ever-growing needs and have experts at the table that can guide us and share their technological expertise.

BUDGET IMPACT
There is no adverse impact to the current budget for this partnership.

CONCLUSION
It is recommended that the City Council receive a report on T-Mobile’s continued commitment to working in partnership with the City of Gonzales around broadband connectivity and their desire to support the setting up of the infrastructure needed for completely wiring the Gonzales Community Center Complex with 5G broadband.

Attachments:

1. Powerpoint Presentation
Packet Pg. 95
City of Gonzales T-Mobile Partnership.

Packet Pg. 96
Attachment: Powerpoint Presentation (2448 : Presentation on Partnership with T-Mobile) Digital First Community Development Partnership: o Expand our mutual digital equity initiative throughout the City of Gonzales community and beyond with
continued engagement and extended learning
opportunities, leveraging a high-quality wireless
connected device.
o Delivering digital empowerment, overcoming inequity
by providing sustainable & reliable connectivity. o Build on a trusted partnership to eradicate educational inequality providing industry leading national 5G
wireless connectivity across the City & Community
Center.

Vision:

Packet Pg. 97
Attachment: Powerpoint Presentation (2448 : Presentation on Partnership with T-Mobile) • Deliver 5G infrastructure connectivity across the community • Ensure real time network infrastructure growth, stability and upgrades allowing the developing community and Community Center to connect to T-Mobile’s 5G network.
• Enable 5G Advanced Network Services (ANS) overT-Mobile’s dedicated 5G Core network infrastructure.
• Continued investment in our local staff resources. • Deliver wireless solutions enabling the local community to thrive in a digital first economy.

The T-Mobile Commitment to
City of Gonzales:

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Attachment: Powerpoint Presentation (2448 : Presentation on Partnership with T-Mobile) A great 5G network requires
ALL spectrum bands
Combination of T-Mobile & Sprint spectrum in progress.

Capable device required; coverage not available in some areas.

Spectrum is the fuel that
drives a 5G network
High-band mmWave (>24 GHz)
High capacity, ultrafast data transmission, but
limited range measured in city blocks
Mid Band (1-6 GHz)
Enhanced 5G speeds for urban and
suburban areas
Low band (<1 GHz)
Coverage for wide open spaces,
both rural and suburban
Packet Pg. 99
Attachment: Powerpoint Presentation (2448 : Presentation on Partnership with T-Mobile) ULTRA

CAPACITY
5G
POPs covered high-band
(mmWave)
dedicated
mid-band

EXTENDED
RANGE
5G
low-band
T-Mobile leads the industry in deploying multi-layer 5G. 0 50
100
150
200
250
300
350

T-MOBILE VERIZON AT&T
0 50
100
150
200
0 20
Packet Pg. 100 Attachment: Powerpoint Presentation (2448 : Presentation on Partnership with T-Mobile) Community Centertechnologies for every use case
Example
use cases:

Smart meters,
industrial sensors,
environmental sensors.

Wearables, facilities
monitoring
fleet and asset
management.

Infotainment, digital
devices, laptops.

Connected devices,
drones, robotics, 5G
Advanced Network Services
(ANS)
NB-IoT
(Narrowband IoT)
LTE-M
(LTE for Machines) LTE 5G
Data
Frequency Infrequent Infrequent Frequent Frequent
Data Volume Kilobytes Megabytes Gigabytes Gigabytes
Data Transfer Very Low Low High Highest
Battery Life Very Long (~10 yrs) Long (~5 yrs) Good Good Mobility Limited Good Good Good
Latency <10 seconds <1 second <50 ms <50ms
Voice Support No Half Duplex VoLTE VoNR (when deployed) Module Cost Low Low Medium High
(limited availability)
5G: Capable device req'd; coverage not available in some areas. Some uses may require certain plan or feature; see T-Mobile.com.

Packet Pg. 101 Attachment: Powerpoint Presentation (2448 : Presentation on Partnership with T-Mobile) Packet Pg. 102 Attachment: Powerpoint Presentation (2448 : Presentation on Partnership with T-Mobile) Unlimited Connectivity
With Network Priority
Budget Friendly Solutions
with local support
Wireless Priority Service at
No extra charge
Industry Leading Nationwide
5G Coverage
T-Mobile Stands Ready to Connect our Heroes.

Packet Pg. 103 Attachment: Powerpoint Presentation (2448 : Presentation on Partnership with T-Mobile) T-MOBILE + PUBLIC SAFETY AGENCIES | NETWORK AND SOLUTIONS T-Mobile provides Network priority access
and preemption to first responder agencies
enrolled in the DHS Wireless Priority Service.

End-to-end prioritization
Using WPS by dialing #272 or the GETS/WPS app assures
end-to-end prioritization, regardless of carrier termination.

How it works:

In an emergency, the network may become
severely congested and 100% occupied.

To ensure that first responders with WPS
can access our network, we move them to
the front of the line. If necessary, we drop
a customer without WPS off the network.

Priority access
First responder with WPS gets
moved to the front of the
communication line.

Preemption
T-Mobile customers without WPS are dropped off the network to make room for the first responder with WPS (or a WPS subscriber).

T-Mobile priority access and preemption
Packet Pg. 104 Attachment: Powerpoint Presentation (2448 : Presentation on Partnership with T-Mobile) T-Mobile Team
Steve Garcia
Government Account Executive (GAE)
Kevin Thompson
Senior Government Manager CA
Scott Wood
Solutions Engineering & RF (SE)
KaSandra Wise
Account Manager
Derek Casebolt
West Region Director T-Mobile for Government
David Rivera
IoT Business Development
Packet Pg. 105 Attachment: Powerpoint Presentation (2448 : Presentation on Partnership with T-Mobile) City of Gonzales

SPECIAL PROJECTS DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: June 6, 2022
FROM: Mark Hartunian, Deputy City Manager/Special Projects Director THROUGH: René L. Mendez, City Manager
SUBJECT: Development Impact Fees Study

RECOMMENDATION
It is recommended that the City Council:
• Receive the staff report, and the oral report from Willdan Financial Services; • Receive public comment(s);
• Hold a public hearing and adopt Resolution No. 2022-32 Adopting the Development Impact Fee Nexus Study Update Dated May 6, 2022; and
• Introduce and read by title only Ordinance No. 2022-133, An Ordinance of the City Council of the City of Gonzales Amending Chapter 1.48- “Impact Mitigation Fees” of the Gonzales City Code and hold public hearing.

BACKGROUND
Development impact fees are a major source of funding to pay for new and expanded facilities and infrastructure required to serve new development. The City has utilized a system of development impact mitigation fees for some years, and the City’s current impact fee schedule addresses most kinds of fees typically required by local government.

Fees need to be updated periodically to remain current and accurate. Additionally, the proposed annexation of significant areas within the City’s sphere of influence for future residential and nonresidential development required the City’s impact fee program be updated to provide a funding source for the significant facility needs required by the proposed development. The City determined the future development’s facility needs through master planning efforts and retained Willdan Financial Services to work with staff to update the City’s current impact fee program to incorporate the identified facility needs. Willdan’s resulting “Development Impact Fee Nexus Study Update Report” (“Nexus AGENDA
ITEM
18 Packet Pg. 106
Study”) is attached to City of Gonzales Resolution No. 2022-32 as Exhibit A. Among other matters, the Nexus Study includes an analysis that demonstrates the connection between the needs of new development and proposed new impact fees.

Staff has reviewed the fee proposals in the Nexus Study in detail and supports Willdan’s recommendations. A resolution has been prepared for the Council’s use to formally adopt the Nexus Study. Staff has also prepared attached Ordinance No. 2022-133 which will codify the updated fee schedule.

Public noticing requirements pursuant to adoption of development impact fees have been followed by the City. In addition, staff has written to all principal developers and property owners that will be most affected by the proposed amendments to make sure that they are aware of the proposals.

Adoption or amendments to impact fees require a public hearing be conducted. Pursuant to the requirements of AB 602 the City must also formally adopt the Nexus Study in a separate public hearing.

SUMMARY
This report recommends that the Council convene two Public Hearings. The first Public Hearing is to consider the adoption of the Development Impact Fee Nexus Study Update (“Nexus Study”). The second Public Hearing is to consider staff recommendations to adopt an ordinance Amending Chapter 1.48 “Impact Mitigation Fees” of the Gonzales City Code which updates the City’s impact fees charged to new development based upon the Nexus Study findings. Fee revenues will fund new development’s share of the capital facilities included in the Nexus Study.

METHODOLOGY
The Nexus Study uses one of three approaches to calculate facilities standards and allocate the costs of planned facilities to accommodate growth in compliance with the Mitigation Fee Act requirements for each fee category included in the study.

The existing inventory approach is based on a facility standard derived from the City’s existing level of facilities and existing demand for services. This approach results in no facility deficiencies attributable to existing development. This approach was used to calculate the fire protection facilities (existing City), and parks and recreation facilities fees.

The planned facilities approach allocates costs based on the ratio of planned facilities that serve new development to the increase in demand associated with new development. This approach is appropriate when specific planned facilities that only benefit new development can be identified, or when the specific share of facilities benefiting new development can be identified. This approach was used to calculate the circulation facilities, wastewater facilities water facilities, police facilities and fire protection facilities (future growth area) fees.

The system plan approach is based on a master facility plan in situations where specific needed facilities serve both existing and new development. This approach allocates existing and planned facilities across existing and new development to determine new development’s fair share of facility needs. This approach is used when it is not possible to differentiate the benefits of new facilities between new and existing development. This approach was used to calculate the general city facilities fees.

REVIEW AND ANALYSIS
The Nexus Study identifies the maximum justified impact fees for the following facility categories:
circulation system facilities, sanitary sewer facilities, water facilities, police capital facilities, fire capital Packet Pg. 107
facilities, parkland and park facilities and general city facilities. Fee revenue generated within a category can only be spent on the identified facilities and infrastructure within that category.

Most of the fees presented in the Nexus Study are updates to fees in the City’s existing fee program.

These fees are circulation system facilities, sanitary sewer facilities, water facilities, police capital facilities, fire capital facilities, parkland, and park facilities. The updates incorporate the latest facility costs, planning and growth projections to ensure that the fee program adequately recovers new development’s share of facility costs.

One fee, the general city facilities fee, combines two of the City’s current fee categories (public facilities impact mitigation fees, public use facilities mitigation fees). Two fees from the City’s current fee program, animal control facilities and storm drain facilities, are being discontinued. Existing fund balances for the fee categories being combined or discontinued must be spent on the purpose they were collected for and will be kept in separate accounts.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Adopting a nexus study and fee schedules do not constitute a “project” under CEQA pursuant to State CEQA Guidelines Section 15378(b)(4) because these actions involve the creation of a government funding mechanism which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.

Those portions of the study and fees pertaining to the “existing City Zone,” as described below, are also statutorily exempt pursuant to CEQA Guidelines section 15273(4) -Rates, Tolls, Fares and Charges for obtaining funds for capital projects necessary to maintain service within an existing service area.

IMPACT FEE ZONES
One departure from the City’s existing impact fee program is that several of the updated fees vary depending on where development is occurring. Development in the “future growth area” has unique costs that would unfairly burden development in other areas of the City. Depending on the facility category, fees are calculated for varying geographies depending on where the planned facilities will provide service. The zones and corresponding facility categories are outlined below:
• Citywide (including the future growth area): parks and recreation facilities and general city facilities
• Two zones (Existing City zone and the future growth area): water facilities, police facilities, fire protection facilities
• Three zones (Existing City zone, Gonzales Agricultural Business Industrial Park, and the future growth area): circulation facilities
Figure 1 displays a map of the fee zones.
[See Next Page]
Packet Pg. 108
Figure 1: Impact Fee Zones
Packet Pg. 109
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 adoption of City of Gonzales Resolution No. 2022-32 will provide for amendment to Title 1, Chapter 1.48 Impact Mitigation Fees of the City of Gonzales Municipal Code, which will provide for City cost recovery associated with capital improvement projects, future housing development projects, industrial development projects, traffic infrastructure improvement projects, development and/or improvement of public facilities, and assist in enhancing K-12 education functions within the City of Gonzales.

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:

ALTERNATIVES
Your Council has the option not to approve Resolution 2022-32, which is not recommended because it is needed to develop, fund, and construct essential infrastructure assets in the City of Gonzales.

BUDGET IMPACT
All of the impact fees identified in the Nexus Study and accompanying Ordinance are dedicated fees that can be utilized only for the specific purposes for which they are collected. They will be held in individual accounts until utilized for the planned improvements. The proposed fees represent a source of funding for infrastructure and facilities required by new development. Successful collection of the fees will reduce impacts to the City’s general fund and other funding reserves and will help enable the City to maintain current service levels. Fees for infrastructure in the future growth area will provide service to a previously unserved area and are necessary for development to occur.

Conversely, not to require new development to mitigate its impacts on public facilities and infrastructure will create significant burdens on already thin City financial resources.

Packet Pg. 110

CONCLUSION
It is recommended that the City Council:
• Receive the staff report, and the oral report from Willdan Financial Services; • Receive public comment(s);
• Hold a public hearing and adopt Resolution No. 2022-32 Adopting the Development Impact Fee Nexus Study Update Dated May 6, 2022; and
• Introduce and read by title only Ordinance No. 2022-133, An Ordinance of the City Council of the City of Gonzales Amending Chapter 1.48- “Impact Mitigation Fees” of the Gonzales City Code and hold public hearing.

Attachments:

1. Resolution No. 2022-32

2. Exhibit A to Resolution No. 2022-32

3. Ordinance No. 2022-133

4. Public Notice
Packet Pg. 111
RESOLUTION NO. 2022-32

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

ADOPTING THE CITY OF GONZALES DEVELOPMENT IMPACT FEE NEXUS STUDY UPDATE DATED MAY 6, 2022
WHEREAS, the City of Gonzales contracted with Willdan Financial Services (Willdan) to prepare a comprehensive review and analysis of the City’s impact mitigation fees and capital facilities, vehicles, and equipment needs associated therewith; and WHEREAS, Willdan has completed its City of Gonzales Development Impact Fee Nexus Study Update (“Nexus Study”), which includes recommendations for the modification of existing impact mitigation fees, and the discontinuation of the animal control facilities fee and the storm drainage facilities fee, and a copy of said Nexus Study was distributed to the City of Gonzales Council members and made available to the public prior to the Council’s public hearing on the matter on June 6, 2022; and
WHEREAS, the City now wishes to formally adopt the Nexus Study as complete, and acceptable for further City consideration and use.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Gonzales that the City of Gonzales Development Impact Fee Nexus Study Update, dated May 6, 2022, a copy of which is attached hereto as Exhibit A and by this reference incorporated herein, is hereby adopted, and may be hereafter used by the City of Gonzales for the consideration of impact mitigation fee related actions.

PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Gonzales duly held on the 6
th day of June 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. 112 Attachment: Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study)

CITY OF GONZALES

DEVELOPMENT IMPACT FEE NEXUS STUDY
UPDATE
FINAL
MAY 6, 2022
Oakland Office Corporate Office Other Regional Offices
66 Franklin Street 27368 Via Industria Aurora, CO
Suite 300 Suite 200 Orlando, FL
Oakland, CA 94607 Temecula, CA 92590 Phoenix, AZ
Tel: (510) 832-0899 Tel: (800) 755-6864 Plano, TX
Fax: (888) 326-6864 Seattle, WA
Washington, DC
www.willdan.com
Packet Pg. 113 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) This page intentionally left blank.

Packet Pg. 114 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) i

TABLE OF CONTENTS
EXECUTIVE SUMMARY .......................................................................... 1 Background and Study Objectives 1
Fee Zones 1
Facility Standards and Costs 2
Use of Fee Revenues 3
Development Impact Fee Schedule Summary 3
Other Funding Needed 5
Consolidation of Fee Categories 5

1. INTRODUCTION ........................................................................... 7 Public Facilities Financing in California 7
Study Objectives 7
Fee Program Maintenance 8
Study Methodology 8
Types of Facility Standards 8
New Development Facility Needs and Costs 9
Organization of the Report 10

2. GROWTH FORECASTS ............................................................... 12 Land Use Types 12
Impact Fees for Accessory Dwelling Units 12
Existing and Future Development – Existing City Impact Fee Zone 13 Occupant Densities 14
Future Growth Area Projections 15
Gonzales Agricultural Business Industrial Park 17

3. CIRCULATION SYSTEM............................................................... 19 Trip Demand 19
Trip Demand Growth 20
Planned Facilities 22
Roadway Segments 22
Intersection Improvements 22
Fee per Trip Demand Unit 25
Fee Schedule 26

4. SANITARY SEWER FACILITIES..................................................... 28 Wastewater Demand 28
EDU Generation by New Development 29
Facility Needs and Costs 31
Cost per EDU 32
Fee Schedule 32

5. WATER FACILITIES.................................................................... 34 Packet Pg. 115 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
ii
Water Demand 34
EDU Generation by New Development 35
Facility Needs and Costs 37
Cost per EDU 38
Fee Schedule 38

6. POLICE CAPITAL FACILITIES ....................................................... 40 Service Population 40
Existing Facility Inventory 41
Planned Facilities 42
Cost Allocation 43
Fee Revenue Projection 44
Fee Schedule 44

7. FIRE CAPITAL FACILITIES........................................................... 46 Service Population 46
Existing Facility Inventory 47
Planned Facilities 48
Cost Allocation 49
Fee Revenue Projection 50
Fee Schedule 51

8. PARKLAND AND PARK FACILITIES................................................ 52 Service Population 52
Existing Parkland and Park Facilities Inventory 52
Parkland and Park Facilities Unit Costs 53
Park Facility Standards 54
Quimby Act Standard 54
City of Gonzales Park Facilities Standards 54
Facilities Needed to Accommodate New Development 55
Preliminary Planned Facilities 56
Parks Cost per Resident 57
Credits 57
Use of Fee Revenue 57
Fee Schedule 58

9. GENERAL CITY FACILITIES ......................................................... 60 Service Population 60
Existing Inventory 61
Planned Facilities 62
Facility Standard 64
Existing Level of Service 64
Future Level of Service 64
Fee Revenue Projection 65
Fee Schedule 65

10. AB 602 REQUIREMENTS............................................................ 67 Packet Pg. 116 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
iii
Compliance with AB 602 67
66016.5. (a) (2) - Level of Service 67
66016.5. (a) (4) – Review of Original Fee Assumptions 68 66016.5. (a) (6) – Capital Improvement Plan 70

11. IMPLEMENTATION...................................................................... 71 Impact Fee Program Adoption Process 71
Inflation Adjustment 71
Reporting Requirements 71
Programming Revenues and Projects with the CIP 73

12. MITIGATION FEE ACT FINDINGS.................................................. 74 Purpose of Fee 74
Use of Fee Revenues 74
Benefit Relationship 74
Burden Relationship 75
Proportionality 75
Packet Pg. 117 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) 1 Executive Summary
This report summarizes an analysis of development impact fees needed to support future development in the City of Gonzales through buildout. It is the City’s intent that the costs representing future development’s share of public facilities and capital improvements be imposed on that development in the form of a development impact fee. The public facilities and improvements included in this analysis are divided into the fee categories listed below:
▪ Circulation System Facilities
▪ Sanitary Sewer Facilities
▪ Water Facilities
▪ Police Capital Facilities
▪ Fire Capital Facilities
▪ Parkland and Park Facilities
▪ General City Facilities
Background and Study Objectives
The primary policy objective of a development impact fee program is to ensure that new development pays the capital costs associated with growth. Although growth also imposes operating costs, there is not a similar system to generate revenue from new development for services. The primary purpose of this report is to calculate and present fees that will enable the City to expand its inventory of public facilities, as new development creates increases in service demands.

The City collects development impact fees under authority granted by the Mitigation Fee Act (the Act), contained in California Government Code Sections 66000 et seq. This report provides the necessary findings required by the Act for adoption of the fees presented in the fee schedules contained herein.

The City should program development impact fee-funded capital projects through its Capital Improvement Plan (CIP). Using a CIP allows the City to identify and direct its fee revenue to public facilities projects that will accommodate future growth. By programming fee revenues to specific capital projects, the City can help ensure a reasonable relationship between new development and the use of fee revenues as required by the Mitigation Fee Act.

Fee Zones
Depending on the facility category, fees are calculated for varying geographies depending on where the planned facilities will provide service. The zones and corresponding facility categories are outlined below:
• Citywide (including the future growth area): parks and recreation facilities and general city facilities
• Two zones (Existing City zone and the future growth area): water facilities, police facilities, fire protection facilities
• Three zones (Existing City zone, Gonzales Agricultural Business Industrial Park, and the future growth area): circulation facilities and wastewater facilities Figure 1 displays a map of the fee zones.

Packet Pg. 118 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Imp
act Fee Update Study2
Figure 1: Impact Fee Zones
Packet Pg. 119 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
3 Facility Standards and Costs
There are three approaches used to calculate facilities standards and allocate the costs of planned facilities to accommodate growth in compliance with the Mitigation Fee Act requirements in this study.

The existing inventory approach is based on a facility standard derived from the City’s existing level of facilities and existing demand for services. This approach results in no facility deficiencies attributable to existing development. This approach is often used when a long-range plan for new facilities is not available. Future facilities to serve growth will be identified through the City’s annual CIP and budget process and/or completion of a new facility master plan. This approach is used to calculate the fire protection facilities, and parks and recreation facilities. 1 The planned facilities approach allocates costs based on the ratio of planned facilities that serve new development to the increase in demand associated with new development. This approach is appropriate when specific planned facilities that only benefit new development can be identified, or when the specific share of facilities benefiting new development can be identified. Examples include street improvements to avoid deficient levels of service or a sewer trunk line extension to a previously undeveloped area. This approach is used for the circulation facilities, wastewater facilities water facilities, police facilities and fire protection facilities fees in this report. 2 The system plan approach is based on a master facility plan in situations where specific needed facilities serve both existing and new development. This approach allocates existing and planned facilities across existing and new development to determine new development’s fair share of facility needs. This approach is used when it is not possible to differentiate the benefits of new facilities between new and existing development. This approach is used for the general city facilities fees in this report.

Use of Fee Revenues
Impact fee revenue must be spent on new facilities or expansion of current facilities to serve new development. Facilities can be generally defined as capital acquisition items with a useful life greater than five years. Impact fee revenue can be spent on capital facilities to serve new development, including but not limited to land acquisition, construction of buildings, construction of infrastructure, the acquisition of vehicles or equipment, information technology, software licenses and equipment.

In that the City cannot predict with certainty how and when development within the City will occur through buildout, the City may need to update and revise the project lists funded by the fees documented in this study. Any substitute projects should be funded within the same facility category, and the substitute projects must still benefit and have a relationship to new development. The City could identify any changes to the projects funded by the impact fees when it updates the CIP. The impact fees could also be updated if significant changes to the projects funded by the fees are anticipated.

Development Impact Fee Schedule Summary
Table E.1 summarizes the development impact fees that meet the City’s identified needs and comply with the requirements of the Mitigation Fee Act. 1 Fire protection facilities fees for the existing City zone are calculated using the existing facilities standard methodology. 2 Fire protection facilities fees for the future growth area zone are calculated using the planned facilities standard methodology.

Packet Pg. 120 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales
Development Impact Fee Update Study4
Table E.1: Development Impact Facilities Fee Summary
Land Use
Circulation
System
Impact Fee
Sanitary
Sewer
Facilities
Mitigation
Fee1
Water
Facilities
Mitigation
Fee
Police
Capital
Facilities
Mitigation
Fee
Fire Capital
Facilities
Mitigation
Fee
Parkland and
Park Facilities
Mitigation Fee
(NonSubdivisions)
Parkland and
Park Facilities
Mitigation Fee
(Subdivisions)2
General City
Facilities
Total -
Subdivisions
Total - Non
Subdivisions
Existing City Limits
Residential - Fee Per Dwelling Unit
Single Family Unit $ 815 $ 6,821 $ 12,944 $ 292 $ 2,493 $ 9,176 $ 9,810 $ 4,811 $ 37,986 $ 37,352 Multifamily Unit 546 5,524 10,485 236 2,019 7,429 7,942 3,894 30,646 30,133 Nonresidential - Fee per 1,000 Square Feet
Mixed Use/Commercial $ 2,265 $ 4,024 $ 5,954 $ 39 $ 658 $ - $ - $ 646 $ 13,586 $ 13,586 Industrial/Manufacturing 676 4,501 2,977 21 362 - - 355 8,892 8,892 Future Growth Area
Residential - Fee Per Dwelling Unit
Single Family Unit $ 14,924 $ 10,355 $ 2,403 $ 951 $ 1,225 $ 9,176 $ 9,810 $ 4,811 $ 44,479 $ 43,845 Multifamily Unit 9,999 8,387 1,946 770 991 7,429 7,942 3,894 33,929 33,416 Nonresidential - Fee per 1,000 Square Feet
Mixed Use/Commercial $ 41,487 $ 6,110 $ 1,106 $ 128 $ 322 $ - $ - $ 646 $ 49,799 $ 49,799 Industrial/Manufacturing 12,387 6,834 553 70 177 - - 355 20,376 20,376 GABIP
Nonresidential - Fee per 1,000 Square Feet
Industrial/Manufacturing $ 3,628 $ 4,501 $ 2,977 $ 21 $ 362 $ - $ - $ 355 $ 11,844 $ 11,844 2 Quimby fees in-lieu of parkland dedication. Developments dedicating parks to the City may receive a credit against park impact fees.

Sources: Tables 3.7, 4.5, 5.5, 6.5, 7.6, 8.9, 8.10 and 9.6. 1 Nonresidential sanitary sew er impact fees are calculated case by case based on the projected w astew ater flow of a development project. Fees show n in this table are based on typical flow generation factors show n in Table 4.1.

Packet Pg. 121 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 City of Gonzales Development Impact Fee Update Study
5 Other Funding Needed
Impact fees may only fund the share of public facilities related to new development in Gonzales.

They may not be used to fund the share of facility needs generated by existing development or by development outside of the City’s SOI. As shown in Table E.2, approximately $16 million in additional funding will be needed to complete the facility projects the City currently plans to develop if fees are adopted at the maximum justified fee level. The “Additional Funding Required” column shows non-impact fee funding required to fund a share of the improvements partially funded by impact fees. Non-fee funding is needed because these facilities are needed partially to remedy existing deficiencies and partly to accommodate new development. To the extent that the City adopts fees that are lower than the maximum justified amount, the non-fee funding requirements may increase, depending on the fee category and methodology.

The City will need to develop alternative funding sources to fund existing development’s share of the planned facilities. Potential sources of revenue include but are not limited to existing or new general fund revenues, existing or new taxes, special assessments, and grants.

Table E.2: Non-Impact Fee Funding Required
Fee Category
Total Project
Cost
Projected
Impact Fee
Revenue
Additional
Funding
Required
Circulation System Impact Fees1
$ 211,141,959 $ 201,310,328 $ 9,831,631
Sanitary Sewer Facilities Mitigation Fees 99,375,000 96,821,238 2,553,762 Water Facilities Mitigation Fees 30,346,000 30,346,000 - Police Capital Facilities Mitigation Fees 4,457,900 4,457,900 - Fire Capital Facilities Mitigation Fees 10,482,000 10,482,000 - Parkland and Park Facilities Mitigation Fees2
67,174,693 67,174,693 -
General City Facilities 39,332,575 35,724,000 3,608,575 Total $ 462,310,127 $ 446,316,159 $ 15,993,968
Sources: Tables 3.3, 3.4, 4.4, 5.3, 6.4, 7.4, 7.5, 8.6, 9.5. 2 If all residential development is subject to Quimby, then the fee w ill generate the figure show n. If no residential development is subject to Quimby, then the fee w ill generate $62,832,693. 1 Remainder of Puente del Monte road extension in GABIP expected to be funded w ith Federal Economic Administration grant.

Consolidation of Fee Categories
The City’s current impact fee program has more fee categories than are included in this study.

Several of the categories are being discontinued because the City no longer has long-term facility needs. In these cases, the City will spend the fee fund balances on capacity expanding projects and will no longer collect the fees. In other cases, existing fee categories are being combined since the facilities being funded by the fees are closely related. In these cases the fund balances must be spent for the purpose they were collected. Going forward the City should establish new impact fee funds to deposit the new fee revenue which can be spent based on the 2022 facility fee categories. Table E.3 displays the existing fee categories and corresponding the 2022 fee categories examined in this report.

Packet Pg. 122 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) 6 Table E.3: Impact Fee Category Consolidation
Existing Impact Fee Category 2022 Study Fee Category
Fire Capital Facilities Mitigation Fees Fire Capital Facilities Mitigation Fees Police Capital Facilities Mitigation Fees Police Capital Facilities Mitigation Fees Public Facilities Impact Mitigation Fees General City Facilities Public Use Facilities Mitigation Fees General City Facilities Aquatics Facilities Mitigation Fees Parkland and Park Facilities Mitigation Fees Animal Control Facilities Mitigation Fees Discontinued
Parkland and Park Facilities Mitigation Fees Parkland and Park Facilities Mitigation Fees Circulation System Impact Fees Circulation System Impact Fees Storm Drainage Facilities Impact Fees Discontinued
Water Facilities Mitigation Fees Water Facilities Mitigation Fees Sanitary Sewer Facilities Mitigation Fees Sanitary Sewer Facilities Mitigation Fees Source: City of Gonzales.

Packet Pg. 123 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) 7 1. Introduction
This report presents an analysis of the need for public facilities to accommodate new development in the City of Gonzales. This chapter provides background for the study and explains the study approach under the following sections:
▪ Public Facilities Financing in California;
▪ Study Objectives;
▪ Fee Program Maintenance;
▪ Study Methodology; and
▪ Organization of the Report.

Public Facilities Financing in California
The changing fiscal landscape in California during the past 40 years has steadily undercut the financial capacity of local governments to fund infrastructure. Three dominant trends stand out:
▪ The passage of a string of tax limitation measures, starting with Proposition 13 in 1978 and continuing through the passage of Proposition 218 in 1996; ▪ Declining popular support for bond measures to finance infrastructure for the next generation of residents and businesses; and
▪ Steep reductions in federal and state assistance.

Faced with these trends, many cities and counties have had to adopt a policy of “growth pays its own way.” This policy shifts the burden of funding infrastructure expansion from existing ratepayers and taxpayers onto new development. This funding shift has been accomplished primarily through the imposition of assessments, special taxes, and development impact fees.

Assessments and special taxes require the approval of property owners and are appropriate when the funded facilities are directly related to the developing property. Development impact fees, on the other hand, are an appropriate funding source for facilities that benefit all development jurisdiction-wide. Development impact fees need only a majority vote of the legislative body for adoption.

Study Objectives
The primary policy objective of an impact fee program is to ensure that new development pays the capital costs associated with growth. Policy LU-1.2 of the General Plan states: “Require new development to pay its fair share of the cost of capital improvements and facilities to serve that development consistent with the policies, standards, and implementing actions of this General Plan and State law requiring a nexus between such requirements and project impacts.” The primary purpose of this report is to update the City’s impact fees based on the most current available facility plans and growth projections. The maximum justified fees will enable the City to expand its inventory of public facilities as new development leads to increases in service demands. This report supports the General Plan policy stated above.

The City collects development impact fees under authority granted by the Mitigation Fee Act (the Act), contained in California Government Code Sections 66000 et seq. This report provides the necessary findings required by the Act for adoption of the fees presented in the fee schedules presented in this report.

Packet Pg. 124 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
8 Gonzales is forecast to see significant growth within its future growth area and moderate growth within its existing City limits through this study’s planning horizon of buildout. This growth will create an increase in demand for public services and the facilities required to deliver them. Given the revenue challenges described above, Gonzales has decided to continue to use a development impact fee program to ensure that new development funds its share of facility costs associated with growth. This report makes use of the most current available growth forecasts and facility plans to update the City’s existing fee program to ensure that the fee program accurately represents the facility needs resulting from new development.

Fee Program Maintenance
Once a fee program has been adopted it must be properly maintained to ensure that the revenue collected adequately funds the facilities needed by new development. To avoid collecting inadequate revenue, the inventories of existing facilities and costs for planned facilities must be updated periodically for inflation, and the fees recalculated to reflect the higher costs. The use of established indices for each facility included in the inventories (land, buildings, and equipment), such as the Engineering News-Record, is necessary to accurately adjust the impact fees. For a list of recommended indices, see Chapter 11.

While fee updates using inflation indices are appropriate for annual or periodic updates to ensure that fee revenues keep up with increases in the costs of public facilities, it is recommended to conduct more extensive updates of the fee documentation and calculation (such as this study) when significant new data on growth forecasts and/or facility plans become available. For further detail on fee program implementation, see Chapter 11.

Study Methodology
Development impact fees are calculated to fund the cost of facilities required to accommodate growth. The six steps followed in this development impact fee study include:

1. Estimate existing development and future growth: Identify a base year for existing development and a growth forecast that reflects increased demand for public facilities;

2. Identify facility standards: Determine the facility standards used to plan for new and expanded facilities;

3. Determine facilities required to serve new development: Estimate the total amount of planned facilities, and identify the share required to accommodate new development;

4. Determine the cost of facilities required to serve new development: Estimate the total amount and the share of the cost of planned facilities required to accommodate new development;

5. Calculate fee schedule: Allocate facilities costs per unit of new development to calculate the development impact fee schedule; and

6. Identify alternative funding requirements: Determine if any non-fee funding is required to complete projects.

The key public policy issue in development impact fee studies is the identification of facility standards (step #2, above). Facility standards document a reasonable relationship between new development and the need for new facilities. Standards ensure that new development does not fund deficiencies associated with existing development.

Types of Facility Standards
There are three separate components of facility standards:

Packet Pg. 125 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
9 ▪ Demand standards determine the amount of facilities required to accommodate growth, for example, park acres per thousand residents, square feet of library space per capita, or gallons of water per day. Demand standards may also reflect a level of service such as the vehicle volume-to-capacity (V/C) ratio used in traffic planning. ▪ Design standards determine how a facility should be designed to meet expected demand, for example, park improvement requirements and technology infrastructure for City office space. Design standards are typically not explicitly evaluated as part of an impact fee analysis but can have a significant impact on the cost of facilities. Our approach incorporates the cost of planned facilities built to satisfy the City’s facility design standards.
▪ Cost standards are an alternate method for determining the amount of facilities required to accommodate growth based on facility costs per unit of demand. Cost standards are useful when demand standards were not explicitly developed for the facility planning process. Cost standards also enable different types of facilities to be analyzed based on a single measure (cost or value) and are useful when different facilities are funded by a single fee program. Examples include facility costs per capita, cost per vehicle trip, or cost per gallon of water per day.

New Development Facility Needs and Costs
A number of approaches are used to identify facility needs and costs to serve new development.

This is often a two-step process: (1) identify total facility needs, and (2) allocate to new development its fair share of those needs.

There are three common methods for determining new development’s fair share of planned facilities costs in this study: the existing inventory method, the planned facilities method, and the system plan method. Often the method selected depends on the degree to which the community has engaged in comprehensive facility master planning to identify facility needs.

The formula used by each approach and the advantages and disadvantages of each method is summarized below:

Existing Inventory Method
The existing inventory method allocates costs based on the ratio of existing facilities to demand from existing development as follows:

Current Value of Existing Facilities
Existing Development Demand
Under this method new development will fund the expansion of facilities at the same standard currently serving existing development. By definition the existing inventory method results in no facility deficiencies attributable to existing development. This method is often used when a longrange plan for new facilities is not available. Future facilities to serve growth are identified through an annual CIP and budget process, possibly after completion of a new facility master plan. This approach is used to calculate the fire capital facilities and parkland and park facilities fees in this report.3
Planned Facilities Method
The planned facilities method allocates costs based on the ratio of planned facility costs to demand from new development as follows:
3 Fire protection facilities fees for the existing City zone are calculated using the existing facilities standard methodology. = cost per unit of demand
Packet Pg. 126 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
10 Cost of Planned Facilities
New Development Demand
This method is appropriate when planned facilities will entirely serve new development, or when a fair share allocation of planned facilities to new development can be estimated. An example of the former is a Wastewater trunk line extension to a previously undeveloped area. An example of the latter is expansion of an existing library building and book collection, which will be needed only if new development occurs, but which, if built, will in part benefit existing development, as well.

Under this method new development will fund the expansion of facilities at the standards used in the applicable planning documents. This approach is used for the circulation system facilities, sanitary sewer facilities, water facilities, police capital facilities and fire capital facilities fees in this report.
4 System Plan Method
This method calculates the fee based on the value of existing facilities plus the cost of planned facilities, divided by demand from existing plus new development:

Value of Existing Facilities + Cost of Planned Facilities Existing + New Development Demand
This method is useful when planned facilities need to be analyzed as part of a system that benefits both existing and new development. It is difficult, for example, to allocate a new fire station solely to new development when that station will operate as part of an integrated system of fire stations that together achieve the desired level of service.

The system plan method ensures that new development does not pay for existing deficiencies.

Often facility standards based on policies such as those found in Comprehensive Plans are higher than the existing facility standards. This method enables the calculation of the existing deficiency required to bring existing development up to the policy-based standard. The local agency must secure non-fee funding for that portion of planned facilities required to correct the deficiency to ensure that new development receives the level of service funded by the impact fee.

This approach is used for the general city facilities fees in this report.

Organization of the Report
The determination of a development impact fee begins with the selection of a planning horizon and development of growth projections for population and employment. These projections are used throughout the analysis of different facility categories and are summarized in Chapter 2.

Chapters 3 through 9 identify facility standards and planned facilities, allocate the cost of planned facilities between new development and other development, and identify the appropriate development impact fee for each of the following facility categories:
4 Fire protection facilities fees for the future growth area zone are calculated using the planned facilities standard methodology.
= cost per unit of demand
= cost per unit of demand
Packet Pg. 127 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) 11 ▪ Circulation System Facilities
▪ Sanitary Sewer Facilities
▪ Water Facilities
▪ Police Capital Facilities
▪ Fire Capital Facilities
▪ Parkland and Park Facilities
▪ General City Facilities
Chapter 10 describes how this nexus studies complies with the requirements of AB 602.

Chapter 11 details the procedures that the City must follow when implementing a development impact fee program. Impact fee program adoption procedures are found in California Government Code Sections 66016 through 66018.

The five statutory findings required for adoption of the maximum justified development impact fees in accordance with the Mitigation Fee Act are documented in Chapter 12.

Packet Pg. 128 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) 12 2. Growth Forecasts
Growth projections are used as indicators of demand to determine facility needs and allocate those needs between existing and new development. This chapter explains the source for the growth projections used in this study based on a 2021 base year and a planning horizon of buildout.

Estimates of existing development and projections of future growth are critical assumptions used throughout this report. These estimates are used as follows:
▪ The estimate of existing development in 2021 is used as an indicator of existing facility demand and to determine existing facility standards. ▪ The estimate of total development at buildout is used as an indicator of future demand to determine total facilities needed to accommodate growth and remedy existing facility deficiencies, if any.
▪ Estimates of growth from 2021 through buildout are used to (1) allocate facility costs between new development and existing development, and (2) estimate total fee revenues.

The demand for public facilities is based on the service population, dwelling units or nonresidential development creating the need for the facilities.

Land Use Types
To ensure a reasonable relationship between each fee and the type of development paying the fee, growth projections distinguish between different land use types. The land use types for which impact fees have been calculated for are defined below. ▪ Single Family: Detached and attached one-unit dwellings (Includes single family homes and townhomes)
▪ Multifamily: All attached multifamily dwellings including duplexes, condominiums and apartments.
▪ Commercial/Mixed Use: All commercial, retail, educational, lodging, and service development
▪ Industrial: All warehouse, distribution, manufacturing, and other industrial development.

Some developments may include more than one land use type, such as a mixed-use development with both multifamily and commercial uses. In those cases, the facilities fee would be calculated separately for each land use type.

The City has the discretion to determine which land use type best reflects a development project’s characteristics for purposes of imposing an impact fee and may adjust fees for special or unique uses to reflect the impact characteristics of the use. If a project results in the intensification of use, at its discretion, the City can charge the project the difference in fees between the existing low intensity use and the future high intensity use.

Impact Fees for Accessory Dwelling Units
The California State Legislature recently amended requirements on local agencies for the imposition of development impact fees on accessory dwelling units (ADU) with Assembly Bill AB 68 in 2021. The amendment to California Government Code §65852.2(f)(2) stipulates that local agencies may not impose any impact fees on ADU less than 750 square feet. ADU greater than 750 square feet can be charged impact fees in proportion to the size of the primary dwelling unit.

Packet Pg. 129 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
13 Calculating Impact Fees for Accessory Dwelling Units For ADUs greater than 750 square feet, impact fees can be charged as a percentage of the single family impact fee. The formula is:

𝐴𝐷𝑈 𝑆𝑞𝑢𝑎𝑟𝑒 𝐹𝑒𝑒𝑡
𝑃𝑟𝑖𝑚𝑎𝑟𝑦 𝑅𝑒𝑠𝑖𝑑𝑒𝑛𝑐𝑒 𝑆𝑞𝑢𝑎𝑟𝑒 𝐹𝑒𝑒𝑡
× 𝑆𝑖𝑛𝑔𝑙𝑒 𝐹𝑎𝑚𝑖𝑙𝑦 𝐼𝑚𝑝𝑎𝑐𝑡 𝐹𝑒𝑒 = 𝐴𝐷𝑈 𝐼𝑚𝑝𝑎𝑐𝑡 𝐹𝑒𝑒
In the case of an 800 square foot ADU and a 1,600 square foot primary residence, the impact fees would be 50 percent (800 square feet / 1,600 square feet = 50%) of the single family dwelling unit fee.

Existing and Future Development – Existing City
Impact Fee Zone
Table 2.1 shows the estimated number of residents, dwelling units, employees, and building square feet within the existing City impact fee zone in Gonzales, both in 2021 and at buildout.

Note that development at the Gonzales Agricultural Business Industrial Park (GABIP) and development occurring within the future growth area is excluded from this table and shown later in Table 2.5. The base year estimates of household residents and dwelling units comes from the California Department of Finance. The projection of dwelling units is based data from the City’s Housing Element.

The buildout projection of residents was estimated by multiplying the increase in dwelling units, by type, by the occupancy density assumptions presented below in Table 2.2.

Base year employees were estimated based on the latest data from the US Census’ OnTheMap application and exclude 34 local government (public administration) employees. Base year nonresidential square footage was based on data from the City’s General Plan. Estimates of workers and building square feet at buildout are based on data from the General Plan.

Packet Pg. 130 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
14 Table 2.1: Existing and New Development
Existing Buildout1
Increase
Residents2
8,484 8,698 214
Dwelling Units3
Single Family 1,587 1,587 -
Multifamily 375 438 63
Total 1,962 2,025 39
Employment4
Commercial 708 708 -
Industrial 1,918 1,918 -
Total 2,626 2,626 -
Building Square Feet (1,000s)5
Commercial 280 280 -
Industrial 1,616 1,616 -
Total 1,896 1,896 -
Sources: California Department of Finance (DOF), Table E-5, 2021; U.S. Census Bureau, OnTheMap Application, http://onthemap.ces.census.gov; City of Gonzales General Plan; City of Gonzales Housing Element; Table 2.2, Willdan Financial Services.
2 Current population from California Department of Finance (DOF). Buildout projection based on increase dw elling units below .
3 Current values from DOF. Increase in multifamily units based on increase of dw elling units identified in Table IV-19 of the City's Housing Element less those w ithin the existing city limits w ithin the future grow th area (D'Arrigo properties). 4 Base year from OnTheMap Application. Excludes local government employees.

Future employees based on data from the General Plan. Future industrial employment grow th assumed to occur at GABIP, and presented in Table 2.5. 5 Based on Tables II-2 and II-3 from the General Plan. All nonresidential grow th w ithin existing city limits assumed to occur in future grow th area. 1 Refers to buildout of existing City boundary excluding development assumed in the future grow th area and GABIP.

Existing City (Excluding Agricultural Business Industrial Park and Future Growth Area)
Occupant Densities
All fees in this report are calculated based on dwelling units or building square feet. Occupant density assumptions ensure a reasonable relationship between the size of a development project, the increase in service population associated with the project, and the amount of the fee.

Occupant densities (residents per dwelling unit or workers per building square foot) are the most appropriate characteristics to use for most impact fees. The fee imposed should be based on the land use type that most closely represents the probable occupant density of the development.

This conversion is done with average household size factors that vary by dwelling unit square footage, shown in Table 2.2. The residential density factors are based on data for Gonzales from the 2019 U.S. Census’ American Community Survey, the most recent data available. The factors Packet Pg. 131 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
15 are derived from Tables B25024 and B25033. The total estimated residents in each type of dwelling unit are divided by a count of each type of dwelling unit to determine the average occupants per dwelling unit. The nonresidential occupancy factors for mixed use/commercial and industrial/manufacturing land uses are based on data from the City’ General Plan.

Table 2.2: Occupant Density Assumptions
Residential
Single Family 4.20 Residents Per Dwelling Unit
Multifamily 3.40 Residents Per Dwelling Unit
Nonresidential
Mixed Use/Commercial 1.82 Employees per 1,000 square feet Industrial/Manufacturing 1.00 Employees per 1,000 square feet Sources: U.S. Census Bureau, 2019 American Community Survey, Tables B25024 and B25033; City of Gonzales General Plan; Willdan Financial Services.

Future Growth Area Projections
In addition to the existing and future development within the City’s existing boundaries, this analysis also required estimates of development within what is known as the “future growth area.” The future growth area includes areas within the current City limits, and areas in the Sphere of Influence as follows:
• Vista Lucia (SOI)
• Puente del Monte (SOI)
• D’Arrigo Brothers property
o SOI
o Rincon – Within City Limits
• Franscioni property (SOI)
Residential land use assumptions are shown in Table 2.3 and nonresidential land use assumptions are shown in Table 2.4. Land use estimates presented here are passed on the project descriptions submitted to the City for each planned development.

Note that estimates of residents per dwelling unit and employees per 1,000 square feet of nonresidential space are consistent with the assumptions from Table 2.2.

The City will need to annex unincorporated portions of the future growth area before it can charge impact fees in those areas. The fees are calculated such that fees within the existing City impact fee zone or GABIP can be collected regardless of whether the future growth area are annexed or not.

Packet Pg. 132 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
16 Table 2.3: Future Growth Area Residential Land Use Scenario Total
Dwelling
Units
Residents
per Dwelling
Unit
Projected
Residents
Vista Lucia Dwelling Units
Low Density 1,210 4.20 5,082
Medium Density 1,127 4.20 4,733
Medium High Density 540 3.40 1,836
High Density 528 3.40 1,795
Mixed Use 93 3.40 316
Subtotal 3,498 13,762
Puente Del Monte Dwelling Units
Low Density 596 4.20 2,503
Medium Density 619 4.20 2,600
Medium High Density 794 3.40 2,700
High Density 569 3.40 1,935
Mixed Use 45 3.40 153
Subtotal 2,623 9,891
D'Arrigo Brothers
SOI
Low Density 238 4.20 1,000
Medium Density 239 4.20 1,004
Medium High Density 102 3.40 347
High Density 102 3.40 347
Subtotal 681 2,698
Rincon1
Low Density 245 4.20 1,029
Medium Density 245 4.20 1,029
Medium High Density 105 3.40 357
High Density 105 3.40 357
Subtotal 700 2,772
Total Future Growth Area Residential Dwelling Units
Low Density 2,289 9,614
Medium Density 2,230 9,366
Medium High Density 1,541 5,240
High Density 1,304 4,434
Mixed Use 138 469
Total 7,502 29,123
Sources: Puente del Monte Project Description Annexation & Pre‐zoning Request, October 2019; Vista Lucia Project Description; City of Gonzales; Table 2.2, Willdan Financial Services.
1 This property is w ithin the existing City limits. For the purpose of calculating impact fees and infrastructure planning it is considered in the future grow th area. It is excluded from the development projections in Table 2.1.

Packet Pg. 133 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
17 Table 2.4: Future Growth Area Nonresidential Land Use Scenario Acres
Floor Area
Ratio1
1,000
Building
Square
Feet2
Employees
per 1,000
Building
Sq. Ft.3
Projected
Employees
Vista Lucia
Mixed Use 8.00 0.3 94 1.82 171
Total 171
Puente Del Monte
Mixed Use 6.10 0.3 72 1.82 130
Highway Commercial4 38.30 0.3 450 1.82 819
Industrial/Manufacturing 21.01 0.5 412 1.00 412
Total 1,361
D'Arrigo
Mixed Use 90.00 0.3 1,059 1.82 1,925
Franscioni
Industrial 55.00 0.5 1,078 1.00 1,078
Total Future Growth Area Nonresidential Land Use Scenario Mixed Use/Commercial 142.40 0.3 1,675 1.82 3,045
Industrial/Manufacturing 76.01 0.5 1,490 1.00 1,490
Total 3,165 4,535
1 Based on the maximum allow able FAR under the Gonzales General Plan. 2 Assumes 90% gross-to-net conversion.
3 See Table 2.2.

Sources: Puente del Monte Project Description Annexation & Pre‐zoning Request, October 2019; Vista Lucia Project Description; Gonzales General Plan, Revised 2018; Table 2.2, Willdan Financial Services. 4 This property is w ithin the existing City limits. For the purpose of calculating impact fees and infrastructure planning it is considered in the future grow th area. It is excluded from the development projections in Table 2.1.

Gonzales Agricultural Business Industrial Park
The land use scenario for GABIP is presented in Table 2.5. Portions of the GABIP are currently within the existing City limits. However, future phases of GABIP are outside of the City, but within the City’s sphere of influence and planning area. Buildout of GABIP will encompass 200.3 acres, in three phases.

Base year square footage within GABIP was estimated using GIS and the City’s building records.

Buildout square footage assumes a floor area ratio (F.A.R.) of 0.5 and 90% gross-to-net conversion. Existing and future employment at GABIP was estimated based on an assumption of one industrial worker per every 1,000 building square feet.

Packet Pg. 134 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
18 Table 2.5: Gonzales Agricultural Business Industrial Business Park Land Use Scenario
Existing Buildout1
Increase
Building Square Feet (1,000s)1
482 3,926 3,444
Employment2
482 3,926 3,444
1 Base year square footage estimated using GIS and building records. Buildout square footage assumes an FAR of 0.5 and 200.3 total acres. 2 Estimates w orkers based on assumption of one industrial w orker per every 1,000 building square feet.

Sources: City of Ginzales; City of Gonzales General Plan; Table 2.2, Willdan Financial Services.

Packet Pg. 135 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study)

3. Circulation System
This chapter details an analysis of the need for circulation facilities to accommodate new development. Fees are calculated for three fee zones: the existing City impact fee zone, the Gonzales Agricultural Business Industrial Park (GABIP) and the future growth area. The chapter documents a reasonable relationship between new development and the impact fee for funding of these facilities.

Trip Demand
The need for circulation facilities is based on the trip demand placed on the system by development. A reasonable measure of demand is the number of average daily vehicle trips, adjusted for the type of trip. Vehicle trip generation rates are a reasonable measure of demand on the City’s system of street improvements across all modes because alternate modes (transit, bicycle, pedestrian) often substitute for vehicle trips.

An adjustment is made to trip generation rates to calculate trip demand. Pass-by trips are deducted from the trip generation rate. Pass-by trips are intermediates stops between an origin and a destination that require no diversion from the route, such as stopping to get gas on the way to work. This adjustment allows for a holistic quantification of trip demand that takes trip purpose into account for fee calculation purposes.

Table 3.1 shows the calculation of trip demand factors by land use category based on the adjustments described above. Data is based on extensive and detailed trip surveys conducted in the Institute of Traffic Engineers (ITE). The pass-by trip assumptions and trip rates come from ITE. The surveys provide one of the most comprehensive databases available of trip generation rates, pass-by trips factors for a wide range of land uses.

Table 3.1: Trip Rate Adjustment Factors
ITE Category
Pass-by
Trips1
Primary
and
Diverted
Trips1
PM
Peak
Hour
Trips2
Trip
Demand
Factor3
A B = 1 - A C D = B x C
Residential - per Dwelling Unit
Single Family Single Family Housing (210) 0% 100% 1.00 1.00 Multifamily Multifamily (220) 0% 100% 0.67 0.67
Nonresidential - per 1,000 Sq. Ft.

Mixed Use/Commercial Shopping Center (820) 34% 66% 4.21 2.78 Industrial General Light Industrial (110) 0% 100% 0.83 0.83 2 Average trips in the PM peak hour on a w eekday per dw elling unit or per 1,000 building square feet. 3 The trip demand factor is the product of the PM peak hour trip rate and the share of primary and diverted trips. 1 Percent of total trips. Primary trips are trips w ith no midw ay stops, or "links". Diverted trips are linked trips w hose distance adds at least one mile to the primary trip. Pass-by trips are links that do not add more than one mile to the total trip.

Sources: Institute of Traffic Engineers, Trip Generation Manual, 10th Edition; Institute of Traffic Engineers, Trip Generation Handbook, 3rd Edition; Willdan Financial Services.

Packet Pg. 136 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Study Update
20 Trip Demand Growth
The planning horizon for this analysis is buildout. Table 3.2 lists the existing and buildout land use assumptions used in this study. The trip demand factors calculated in are multiplied by the existing and future dwelling units and building square feet to determine the increase in trip demand attributable to new development. Estimates of development and trip generation are provided for the existing City impact fee zone, the future growth area and the GABIP. This allows for the calculation of separate fees for each of the three fee zones.

Packet Pg. 137 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Study Update
21 Table 3.2: Land Use Scenario and Trip Demand
PM Peak
Trip
Land Use
Demand
Factor
Units /
1,000 SF Trips
Units /
1,000 SF Trips
Units /
1,000 SF Trips
Existing City
Residential
Single Family 1.00 1,587 1,587 - - 1,587 1,587
Multifamily 0.67 375 251 63 42 438 293
Subtotal 1,962 1,838 63 42 2,025 1,880
Nonresidential
Commercial 2.78 280 778 - - 280 778
Industrial 0.83 1,616 1,341 - - 1,616 1,341
Subtotal 1,896 2,119 - - 1,896 2,119
Total Trips - Existing City 3,957 42 3,999
GABIP
Industrial 0.83 482 400 3,444 2,859 3,926 3,259
Future Growth Area
Vista Lucia
Residential
Single Family 1.00 - - 2,877 2,877 2,877 2,877
Multifamily 0.67 - - 621 416 621 416
Subtotal - - 3,498 3,293 3,498 3,293
Nonresidential
Mixed Use 2.78 - - 94 261 94 261
Subtotal Trips Vista Lucia - 3,554 3,554
Puente Del Monte
Residential
Single Family 1.00 - - 2,009 2,009 2,009 2,009
Multifamily 0.67 - - 614 411 614 411
Subtotal - - 2,623 2,420 2,623 2,420
Nonresidential
Mixed Use 2.78 - - 72 199 72 199
Commercial 2.78 - - 450 1,252 450 1,252
Industrial 0.83 - - 412 342 412 342
Subtotal - - 934 1,793 934 1,793
Subtotal Trips Puente Del Monte 4,213 4,213
D'Arrigo Brothers
Residential
Single Family 1.00 - - 1,174 1,174 1,174 1,174
Multifamily 0.67 - - 207 139 207 139
Subtotal 1,381 1,313 1,381 1,313
Nonresidential
Mixed Use 2.78 - - 1,059 2,943 1,059 2,943
Subtotal Trips D'Arrigo 4,256 4,256
Franscioni
Industrial 0.83 - - 1,078 895 1,078 895
Total Future Growth Area
Residential
Single Family 1.00 - - 6,060 6,060 6,060 6,060
Multifamily 0.67 - - 1,442 966 1,442 966
Subtotal - - 7,502 7,026 7,502 7,026
Nonresidential
Mixed Use/Commercial 2.78 - - 1,675 4,656 1,675 4,656
Industrial 0.83 - - 1,490 1,237 1,490 1,237
Subtotal - - 3,165 5,893 3,165 5,893
Total Trips - Future Growth Area - 12,919 12,919
Grand Total Trips City + FGA 4,357 15,820 20,177
Sources: Tables 2.1, 2.3, 2.4, 2.5 and 3.1; Willdan Financial Services Existing Total at Buildout Growth to
Buildout
Packet Pg. 138 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Study Update
22 Planned Facilities
Roadway Segments
Table 3.3 lists the roadway segment projects included in this analysis. The projects were identified in the City’s Sphere of Influence Circulation Study Transportation Impact Analysis, 2019. The project costs were adjusted from 2019 to May 2021, using the Engineering News Record’s (ENR) Construction Cost Index (CCI). Costs are shown for the future growth area and for the GABIP area.

Table 3.3: Circulation Improvement Project Costs
Roadway Segment Improvement Description1,2 Linear Feet Cost3 Future Growth Area Only Projects
3 Fanoe Rd / Herold Pk wy
New Major Arterial - 4L 2,100 $ 11,853,167
Widen Major Arterial - 2L to 4L 1,300 5,198,348
3b Arterial B to Fifth Street Widen Major Arterial - 2L to 4L 3,900 15,593,985 Widen Major Arterial - 2L to 4L 3,200 12,795,527
New Major Arterial - 4L 5,100 28,787,020
Right of Way Acquisition for Project 3a and 6a (Bassi and adjacent property) 3,500,000 6 Associated Ln
6a US 101 to Fanoe Rd Widen existing two lane road to four lane arterial 5,700 $ 29,593,697
6b Fanoe Rd to Arterial B Developer Funded 6,000
9 Gloria Rd
9a US 101 to Herold Pkwy Widen road from 2L to 4L Arterial 2,300 $ 15,390,108 9b Herold Pkwy to Arterial A Developer Funded 5,200 -
9c Arterial A to Iverson Rd Developer Funded 3,400 -
$ 122,711,853
Other projects
$ 11,535,467
1 Improvement descriptions relate to the applicable cross section. 2 (AG) denotes the usage of the applicable cross section w ith the agriculture buffer. 3 Costs adjusted from 2019 to May 2021 using ENR's Construction Cost Index. (Represents 6.002% increase) Sources: Table 28, City of Gonzales Sphere of Influence Circulation Study Transportation Impact Analysis Final Report, December 18, 2019.

Associated Ln to Arterial B
Fifth Street to Gloria Rd
3a
3c
Extend Puente Del Monte in Industrial Business Park to Fermin Lane (includes improving UPRR crossing at Alta Street)
Intersection Improvements
Table 3.4 lists the intersection projects included in this analysis. Like in Table 3.3, the projects were originally identified in the City’s 2019 circulations study and adjusted to 2021 dollars using ENR’s CCI.

Table 3.5 allocates project costs to each of the three fee zones (existing City impact fee zone, GABIP and future growth area). City staff provided the allocation factors for use in this analysis.

Packet Pg. 139 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales De
velopment Impact Fee Study Update
23 Table 3.4: Intersection Cost Estimates
Intersection
Existing
Control
Improved
Control
Roundabout
Cost2
Ramp
Improvement
Cost
Roundabout
Cost2
Ramp
Improvement
Cost Subtotal
Contingency
and Soft
Costs Total Cost 1 Alta Street & US 101 Southern Overpass SSSC Roundabout $ 1,500,000 $ - $ 1,590,033 $ - $ 1,590,033 $ 1,033,522 $ 2,623,555 2 Alta & US 101 SB Off Ramp SSSC Roundabout 1,500,000 1,100,000 1,590,033 1,166,024 2,756,057 1,791,437 4,547,495 3 Alta / Lanini Road & US 101 SB On Ramp4,5 SSSC Roundabout 2,500,000 1,100,000 2,650,055 1,166,024 3,816,080 2,480,452 6,296,531 4 US 101 NB Off Ramp & US 101 Southern Overpass5 AWSC 4,000,000 1,100,000 4,240,088 1,166,024 5,406,113 3,513,973 8,920,086 5 Tavernetti Road & US 101 Southern Overpass AWSC - - - - - - - 6 Tavernetti Road / US 101 NB On Ramp & Gloria Road AWSC Roundabout 1,500,000 1,100,000 1,590,033 1,166,024 2,756,057 1,791,437 4,547,495 7 Alta Street / US 101 SB Off Ramp & Foletta Road4,5 AWSC Roundabout 2,500,000 1,100,000 2,650,055 1,166,024 3,816,080 2,480,452 6,296,531 8 Alta Street / US 101 Northern Overpass & US 101 SB
On Ramp AWSC 2L Roundabout 3,500,000 2,200,000 3,710,077 2,332,049 6,042,126 3,927,382 9,969,508 9 US 101 NB On/Off Ramps & US 101 Northern Overpass AWSC 3,500,000 2,200,000 3,710,077 2,332,049 6,042,126 3,927,382 9,969,508 11 Alta Street & 5th Street AWSC Signal 550,000 - 583,012 - 583,012 378,958 961,970 13 Associated Lane & Fanoe Road - - - 2L Roundabout 2,500,000 - 2,650,055 - 2,650,055 1,722,536 4,372,591 14 Fanoe Rd/Herold Parkway/5th Street/Johnson Canyon AWSC 2L Roundabout 2,500,000 - 2,650,055 - 2,650,055 1,722,536 4,372,591 15 Herold Parkway & Gloria Road TWSC Roundabout 2,000,000 - 2,120,044 - 2,120,044 1,378,029 3,498,073 16 Arterial B & Arterial A AWSC Roundabout Privately Funded - Privately Funded - - - - 17 Arterial A & Johnson Canyon Road - - - Roundabout Privately Funded - Privately Funded - - - - 18 Arterial A & Gloria Road - - - Roundabout Privately Funded - Privately Funded - - - - 19 Associated Lane & Arterial B - - - Roundabout Privately Funded - Privately Funded - - - - 20 Arterial B & Iverson Road - - - Roundabout Privately Funded - Privately Funded - - - - 21 Iverson Road & Johnson Canyon Road SSSC Roundabout Privately Funded - Privately Funded - - - - 22 Iverson Road & Johnson Canyon Road SSSC Roundabout Privately Funded - Privately Funded - - - - 23 Iverson Road & Gloria Road SSSC Roundabout Privately Funded - Privately Funded - - - - 24 US 101 SB and NB Ramps at 5th St3 AWSCs Roundabout 6,014,000 - 6,374,973 - 6,374,973 4,143,732 10,518,705 Subtotal $ 34,064,000 $ 9,900,000 $ 36,108,593 $ 10,494,219 $46,602,812 $ 30,291,828 $76,894,639 1 Existing adjacent intersections are combined into one roundabout 3 Costs taken from Omnimeans ICE Step 1 Alternatives Preliminary Opionion of Costs (December 2015) and adjusted to 2021 dollars. 4 Costs have been increased $0.5M to account for railraod crossing treatments including gates 5 Costs have been increased $0.5M to account for additional roadw ay segments betw een intersections Sources: Table 29, City of Gonzales Sphere of Influence Circulation Study Transportation Impact Analysis Final Report, December 18, 2019. 2L Roundabout1
2L Roundabout1 2
Base roundabout cost assumptions are: $1.5M single lane, $2M for single lane w ith truck lane, $2.5M for dual lane. Some interchange intersection cost estimates have been increased to account for additional constraints. These costs w ere adjusted to 2021 costs using ENR's CCI.

Packet Pg. 140 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 City of Gonzales Development Impact Fee Study Update
24 Table 3.5: Intersection Cost Allocation
Intersection Total Cost
Percent
Allocation to
New Future
Growth Area
Development
Cost
Allocated to
Future
Growth Area
Percent
Allocation
to
Industrial
Business
Park
Cost
Allocated to
Business
Park
Percent
Allocation to
Existing City
Development
Cost
Allocated to
Existing City 1 Alta Street & US 101 Southern Overpass $ 2,623,555 83.8% $ 2,198,539 16.2% $ 425,016 0% $ - 2 Alta & US 101 SB Off Ramp 4,547,495 83.8% 3,810,801 16.2% 736,694 0% - 3 Alta / Lanini Road & US 101 SB On Ramp 6,296,531 100.0% 6,296,531 0.0% - 0% - 4 US 101 NB Off Ramp & US 101 Southern Overpass 8,920,086 83.8% 7,475,032 16.2% 1,445,054 0% - 5 Tavernetti Road & US 101 Southern Overpass - 100.0% - 0.0% - 0% - 6 Tavernetti Road / US 101 NB On Ramp & Gloria Road 4,547,495 100.0% 4,547,495 0.0% - 0% - 7 Alta Street / US 101 SB Off Ramp & Foletta Road 6,296,531 100.0% 6,296,531 0.0% - 0% - 8 Alta Street / US 101 Northern Overpass & US 101 SB On Ramp 9,969,508 83.8% 8,354,448 16.2% 1,615,060 0% - 9 US 101 NB On/Off Ramps & US 101 Northern Overpass 9,969,508 83.8% 8,354,448 16.2% 1,615,060 0% - 11 Alta Street & 5th Street 961,970 0.0% - 100.0% 961,970 0% - 13 Associated Lane & Fanoe Road 4,372,591 100.0% 4,372,591 0.0% - 0% - 14 Fanoe Road / Herold Parkway & 5th Street / Johnson Canyon Road 4,372,591 100.0% 4,372,591 0.0% - 0% - 15 Herold Parkway & Gloria Road 3,498,073 100.0% 3,498,073 0.0% - 0% - 24 US 101 SB and NB Ramps at 5th St 10,518,705 64.0% 6,734,953 16.2% 1,704,030 19.8% 2,079,722 $ 76,894,639 $ 66,312,033 $ 8,502,885 $ 2,079,722
Sources: City of Gonzales; Tables 3.4; Willdan Financial Services.

Packet Pg. 141 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 City of Gonzales Development Impact Fee Study Update
25 Fee per Trip Demand Unit
Every impact fee consists of a dollar amount, representing the value of facilities, divided by a measure of demand. In this case, all fees are first calculated as a replacement cost per trip demand unit. Then these amounts are translated into housing unit (cost per unit) and employment space (cost per 1,000 square feet or room) fees by multiplying the cost per trip by the trip generation rate for each land use category. These amounts become the fee schedule.

Table 3.6 displays the calculation of the cost the cost per trip demand unit for each fee zone.

Allocated costs from Tables 3.3 and 3.5 are summarized in the table. For the future growth area and GABIP zones, the allocated costs are divided by the growth in trips for each zone from Table

3.2 to determine the costs per trip attributable to growth. For the existing City impact fee zone, existing fund balances were subtracted from the costs allocated to the zone, and the net cost of facilities is allocated to both existing and new development. The net cost is divided by all trip demand from the existing City identified in Table 3.2 to determine the cost per trip to drive the fee calculation.

Packet Pg. 142 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Study Update
26 Table 3.6: Cost per Trip to Accommodate Growth
Future Growth Area Only
Segment Costs $122,711,853
Intersection Costs 66,312,033
Fee Program Share of Planned Facilities Costs $ 189,023,886 Growth in Trip Demand 12,919
Cost per Trip $ 14,631
GABIP
Intersection Cost $ 8,502,885
Segment Cost1
3,750,000
Total $ 12,252,885
Growth in Trip Demand 2,859
Cost per Trip $ 4,286
Existing City
Intersection Cost $ 2,829,722
Segment Cost1
750,000
Total $ 3,579,722
Less Existing Fund Balance 382,971
Net Cost $ 3,196,751
Total Trip Demand at Buildout2
3,999
Cost per Trip $ 799
Sources: Tables 3.2, 3.3 and 3.5.
1 Allocated to Puente Del Monte extension in GABIP/existing city. Remainder to be funded w ith Federal Economic Administration grant.
2 Cost of facilities in existing City allocated to both existing and new development. Fee revenue from new development estimated at $33,558 through buildout.

Fee Schedule
Table 3.7 shows the maximum justified circulation facilities fee schedule for each of the three fee zones. The City can adopt any fee up to these amounts. The maximum justified fees are based on the costs per trip identified in. Table 3.6 for each fee zone. The cost per trip is multiplied by the trip demand factors in Table 3.1 to determine a fee per unit of new development. The total fee includes a two percent (2%) administrative charge to fund costs that include: a standard overhead charge applied to all City programs for legal, accounting, and other departmental and administrative support, and fee program administrative costs including revenue collection, revenue, and cost accounting, mandated public reporting, and fee justification analyses.

In Willdan’s experience with impact fee programs, two percent of the base fee adequately covers the cost of fee program administration. The administrative charge should be reviewed and Packet Pg. 143 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Study Update
27 adjusted during comprehensive impact fee updates to ensure that revenue generated from the charge sufficiently covers, but does not exceed, the administrative costs associated with the fee program.

Table 3.7: Maximum Justified Circulation Facilities Impact Fee Schedule A B C = A x B D = C x 0.02 E = C + D E / 1,000
Trip
Land Use
Cost Per
Trip
Demand
Factor Base Fee1
Admin
Charge1, 2 Total Fee1
Fee per
Sq. Ft.

Future Growth Area
Residential - per Dwelling Unit
Single Family $14,631 1.00 $ 14,631 $ 293 $ 14,924
Multifamily 14,631 0.67 9,803 196 9,999
Nonresidential - per 1,000 Sq. Ft.

Mixed Use/Commercial $14,631 2.78 $ 40,674 $ 813 $ 41,487 $ 41.49 Industrial 14,631 0.83 12,144 243 12,387 12.39
Existing City
Residential - per Dwelling Unit
Single Family $ 799 1.00 $ 799 $ 16 $ 815
Multifamily 799 0.67 535 11 546
Nonresidential - per 1,000 Sq. Ft.

Mixed Use/Commercial $ 799 2.78 2,221 $ 44 $ 2,265 $ 2.27 Industrial 799 0.83 663 13 676 0.68
Industrial Business Park
Nonresidential - per 1,000 Sq. Ft.

Industrial $ 4,286 0.83 3,557 71 $ 3,628 $ 3.63
Sources: Tables 3.1 and 3.6.
1 Persons per dw elling unit or per 1,000 square feet of nonresidential. 2 Administrative charge of 2.0 percent for (1) legal, accounting, and other administrative support and (2) impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.

Packet Pg. 144 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) 28 4. Sanitary Sewer Facilities
This chapter details an analysis of the need for sanitary sewer facilities to accommodate growth within three zones in the City of Gonzales. It documents a reasonable relationship between new development and a wastewater facilities impact fee to fund wastewater facilities that serve new development.

Wastewater Demand
Estimates of new development and its consequent increased wastewater demand provide the basis for calculating the sanitary sewer facilities fee. The need for wastewater facilities improvements is based on the wastewater demand placed on the system by development. A typical measure of demand is a flow generation rate, expressed as the number of gallons per day generated by a specific type of land use. Flow generation rates are a reasonable measure of demand on the City’s system of wastewater improvements because they represent the average rate of demand that will be placed on the system per land use designation.

Table 4.1 shows the calculation of equivalent dwelling unit (EDU) demand factors based on flow generation by land use category. The flow generation estimates come from the City’s 2019 Wastewater Master Plan and the GABIP EIR. Estimates of flow generated per capita and per acre of nonresidential development are converted to flow per dwelling unit and per 1,000 square feet of nonresidential space based on estimates of residents per dwelling unit and floor area ratio assumptions, respectively.

Flow for each land use is them compared to the flow generated by a single family dwelling unit to calculate equivalent dwelling units (EDU). EDU factors express wastewater flow from each land use in terms of the flow generated by a single family dwelling unit. This allows for a calculation of wastewater demand in uniform service units and allows for an equitable allocation of facility costs.

Table 4.1: Wastewater Demand by Land Use
Land Use Type
Flow
Generation1 Density2
Average
Flow
Generation/

DU & KSF
Equivalent
Dwelling
Unit (EDU)
Residential - per Dwelling Unit
Single Family 55 4.20 231 1.00
Multifamily 55 3.40 187 0.81
Nonresidential - per 1,000 Sq. Ft.

Mixed Use/Commercial 1,600 11.76 136.04 0.59
Industrial/Manufacturing3 3,000 19.60 153.05 0.66
3 Gallons per acre per day established in the GABIP EIR. 1 Gallons per capita per day for residential. Gallons per acre per day for nonresidential. 2 Persons per dw elling unit for residential, thousand square feet per acre for nonresidential.

Assumes FAR of 0.3 for mixed use/commercial, 0.7 for institutional, 0.5 for industrial, and 90% gross to net conversion.

Sources: Table 2 Wastew ater Generation by Land Use, City of Gonzales Existing City Plus Sphere of Influence Wastew ater Master Plan; Tables 2.2 and 2.4, Willdan Financial Services.

Packet Pg. 145 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Study Update
29 EDU Generation by New Development
Table 4.2 shows the estimated EDU generation from new development through buildout. The EDU factors from Table 4.1 are multiplied by the land use assumptions from presented in Chapter 2 for each of the three wastewater fee zones to estimate total EDUs in the base year, at the planning horizon and for new development.

Packet Pg. 146 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Study Update
30 Table 4.2: Sanitary Sewer Facilities Equivalent Dwelling Units EDU
Factor1
Existing
(DU/
1,000 SF)
Projected
Growth
(DU/ 1,000 SF)
Existing
EDUs
Growth
in
EDUs Total
Existing City
Residential
Single Family 1.00 1,587 - 1,587 - 1,587
Multifamily 0.81 375 63 304 51 355
Subtotal 1,962 63 1,891 51 1,942
Nonresidential
Commercial 0.59 280 - 165 - 165
Industrial 0.66 1,616 - 1,066 - 1,066
Subtotal 1,896 - 1,232 - 1,232
Total - Existing City 3,122 51 3,173
GABIP
Industrial 0.66 482 3,444 318 2,273 2,591
Future Growth Area
Vista Lucia
Residential
Single Family 1.00 - 2,877 - 2,877 2,877
Multifamily 0.81 - 621 - 503 503
Subtotal - 3,498 - 3,380 3,380
Nonresidential
Mixed Use 0.59 - 94 - 55 55
Subtotal - 94 - 55 55
Subtotal EDUs Vista Lucia - 3,435 3,435
Puente Del Monte
Residential
Single Family 1.00 - 2,009 - 2,009 2,009
Multifamily 0.81 - 614 - 497 497
Subtotal - 2,623 - 2,506 2,506
Nonresidential
Mixed Use 0.59 - 72 - 42 42
Commercial 0.59 - 450 266 266
Industrial/Manufacturing 0.66 - 412 - 272 272
Subtotal - 934 - 580 580
Subtotal EDUs Puente Del Monte - 3,086 3,086
D'Arrigo Brothers
Residential
Single Family 1.00 - 1,174 - 1,174 1,174
Multifamily 0.81 - 207 - 168 168
Subtotal - 1,381 - 1,342 1,342
Nonresidential
Mixed Use 0.59 - 1,059 - 625 625
Subtotal EDUs D'Arrigo Brothers - 2,440 - 1,966 1,966
Franscioni
Industrial 0.66 - 1,078 - 712 712
Future Growth Area
Residential
Single Family 1.00 - 6,060 - 6,060 6,060
Multifamily 0.81 - 1,442 - 1,168 1,168
Subtotal - 7,502 - 7,228 7,228
Nonresidential
Mixed Use/Commercial 0.59 - 1,675 - 988 988
Industrial/Manufacturing 0.66 - 1,490 - 983 983
Subtotal - 3,165 - 1,971 1,971
Total - Future Growth Area - 9,200 9,200
Grand Total EDUs City + FGA 3,441 11,524 14,964
1 Per dw elling unit (residential) or thousand building square feet (nonresidential).

Sources: Tables 2.1, 2.3, 2.4, 2.5 and 4.1, Willdan Financial Services.

Packet Pg. 147 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Study Update
31 Facility Needs and Costs
Table 4.3 identifies the planned wastewater treatment facilities identified in the Wastewater Master Plan. The net result of the improvements is an increase of 2.5 million gallons of treatment capacity. Costs are allocated to the three zones based on the amount of capacity projected to serve each zone at a cost per gallon of $28.95.

Table 4.3: Treatment Plant Project Costs and Allocation to Future Development
Costs to Expand the Treatment Plant Capacity from 1.3-3.8MGD Install New Groundwater Monitoring Wells at WWTP $ 75,000 Industrial Pretreatment Program (first five years) 450,000 Sludge Removal at WWTP 2,900,000
Line WWTP Ponds 2,300,000
Improve Aeration at WWTP 1,800,000
Land Acquisition for IW Reclamation Facility 3,650,000
Construct IW System and Treatment Facility 22,000,000
Improvements needed to expand MWWTP from 2.9 to 3.8 MGD 39,200,000 Total Cost $ 72,375,000
Total Additional Capacity 2,500,000
Cost per Gallon (based on 2.5 million gallons) $ 28.95
Cost Allocated to Future Growth Area for 1.8-MGD Capacity $ 52,110,000 Cost Allocated to Industrial = .6-MGD Capacity 17,370,000 Cost Allocated to the City = .1-MGD 2,895,000
Source: Kimley Horn 2019 Master Plan.

Table 4.4 displays the allocated costs from Table 4.3 for each zone, plus conveyance and recycled water costs which are only being incurred by the City in order to serve new development in the future growth area. The total costs allocated to each zone are then divided by the gallons of daily flow allocated to each zone to determine the cost per gallon needed to provided wastewater facilities to each zone. These costs per gallon drive the fee schedule calculation.

Packet Pg. 148 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Study Update
32 Table 4.4: Allocation of Sanitary Sewer Facilities Costs Phased Improvements for Future Growth Area Total
Future
Growth Area GABIP Existing City
Treatment Costs $ 72,375,000 $ 52,110,000 $ 17,370,000 $ 2,895,000 Conveyance Improvements for Future Growth Area 17,000,000 17,000,000 - - Add Recycle wastewater capability to IW Facility 10,000,000 10,000,000 - - Total $ 99,375,000 $ 79,110,000 $ 17,370,000 $ 2,895,000 Allocated Gallons of Capacity 2,500,000 1,800,000 600,000 100,000 Cost per Gallon $ 43.95 $ 28.95 $ 28.95
Sources: Table 4.3, City of Gonzales.

Cost per EDU
The costs per gallon of flow from Table 4.4 are multiplied by 231 gallons, the flow generated by a single family home, to determine the cost per EDU. Table 4.5 displays these calculations for each impact fee zone.

Table 4.5: Cost per EDU
Existing City
Cost per Gallon $ 28.95
Gallons per EDU 231
Cost per EDU $ 6,687
GABIP
Cost per Gallon $ 28.95
Gallons per EDU 231
Cost per EDU $ 6,687
Future Growth Area
Cost of Planned Facilities $ 43.95
Growth in EDUs 231
Cost per EDU $ 10,152
Sources: Tables 4.2, 4.3 and 4.4.

Fee Schedule
The maximum justified fees for wastewater facilities for each zone are shown for residential land uses in Table 4.6 and for nonresidential land uses in Table 4.7. For residential land uses the cost per EDU is converted to a fee per unit of new development based on the residential EDU factors shown in Table 4.1. For nonresidential land uses the fee is expressed as a cost per gallon of wastewater discharge. Fees must be calculated on a case-by-case basis using the cost per gallon and the projected wastewater flows for each nonresidential development project.

Packet Pg. 149 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Study Update
33 The total fee includes an administrative charge to fund costs that include: (1) a standard overhead charge applied to all City programs for legal, accounting, and other departmental and administrative support, (2) capital planning, programming, project management costs associated with the share of projects funded by the facilities fee, and (3) fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.

Table 4.6: Maximum Justified Sanitary Sewer Facilities
Residential Impact Fee Schedule
A B C = A x B D = C x 0.02 E = C + D
Cost Per
EDU
EDU
Factor Base Fee1
Admin
Charge1, 2 Total Fee1
Existing City
Residential - Fee per Dwelling Unit
Single Family $ 6,687 1.00 $ 6,687 $ 134 $ 6,821
Multifamily 6,687 0.81 5,416 108 5,524
Future Growth Area
Residential - Fee per Dwelling Unit
Single Family $ 10,152 1.00 $ 10,152 $ 203 $ 10,355
Multifamily 10,152 0.81 8,223 164 8,387
1 Persons per dw elling unit.

Sources: Tables 4.1 and 4.5.
2 Administrative charge of 2.0 percent for (1) legal, accounting, and other administrative support and (2) impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.

Table 4.7: Maximum Justified Sanitary Sewer
Facilities Nonresidential Impact Fee Schedule
Impact Fee Zone
Cost per
Gallon
Admin
Charge
(2%)
Total Cost
per Gallon
Existing City $ 28.95 $ 0.58 $ 29.53
GABIP 28.95 0.58 29.53
Future Growth Area 43.95 0.88 44.83
Source: Table 4.4.

Packet Pg. 150 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) 34 5. Water Facilities
This chapter details an analysis of the need for water system facilities to accommodate growth within two fee zones within the City of Gonzales. It documents a reasonable relationship between new development in each zone and water facilities impact fees to fund water facilities that serve new development.

Water Demand
Estimates of new development and its consequent increased water demand provide the basis for calculating the water facilities fee. The need for water facilities improvements is based on the water demand placed on the system by development. A typical measure of demand is a flow generation rate, expressed as the number of gallons per day generated by a specific type of land use. Flow generation rates are a reasonable measure of demand on the City’s system of water improvements because they represent the average rate of demand that will be placed on the system per land use designation.

Table 5.1 shows the calculation of equivalent dwelling unit (EDU) demand factors based on flow generation by land use category. The flow generation estimates come from the City’s 2019 Water Master Plan. Estimates of flow generated per capita and per acre of nonresidential development are converted to flow per dwelling unit and per 1,000 square feet of nonresidential space based on estimates of residents per dwelling unit and floor area ratio assumptions, respectively.

Flow for each land use is them compared to the flow generated by a single family dwelling unit to calculate equivalent dwelling units (EDU). EDU factors express water flow from each land use in terms of the flow generated by a single family dwelling unit. This allows for a calculation of water demand in uniform service units and allows for an equitable allocation of facility costs.

Table 5.1: Water Demand by Land Use
Land Use Type
Flow
Generation1 Density2
Average
Flow
Generation/

DU & KSF
Equivalent
Dwelling
Unit (EDU)
Residential - per Dwelling Unit
Single Family 80 4.20 336 1.00
Multifamily 80 3.40 272 0.81
Nonresidential - per 1,000 Sq. Ft.

Mixed Use/Commercial 1,800 11.76 153.05 0.46
Industrial/Manufacturing 1,500 19.60 76.52 0.23
1 Gallons per capita per day for residential. Gallons per acre per day for nonresidential. 2 Persons per dw elling unit for residential, thousand square feet per acre for nonresidential.

Assumes FAR of 0.3 for mixed use/commercial, 0.7 for institutional, 0.5 for industrial, and 90% gross to net conversion.

Sources: Table 2 Water Demand Factors, City of Gonzales Existing City Plus Sphere of Influence Water Master Plan; Tables 2.2 and 2.4, Willdan Financial Services.

Packet Pg. 151 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
35 EDU Generation by New Development
Table 5.2 shows the estimated EDU generation within each area of the City from new development through buildout. The EDU factors from Table 5.1 are multiplied by the land use assumptions from Chapter 2 to estimate total EDUs in the base year, at the planning horizon and for new development.

Note that water facilities fees are calculated for two zones: the existing City (including GABIP) and the future growth area.

Packet Pg. 152 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
36 Table 5.2: Water Facilities Equivalent Dwelling Units EDU
Factor1
Existing
(DU /1,000 SF)
Projected
Growth
(DU/ 1,000 SF)
Existing
EDUs
Growth
in
EDUs Total
Existing City
Residential
Single Family 1.00 1,587 - 1,587 - 1,587
Multifamily 0.81 375 63 304 51 355
Subtotal 1,962 63 1,891 51 1,942
Nonresidential
Commercial 0.46 280 - 129 - 129
Industrial 0.23 1,616 - 372 - 372
Subtotal 1,896 - 500 - 500
Total - Existing City 2,391 51 2,442
GABIP
Industrial 0.23 482 3,444 111 792 903
Future Growth Area
Vista Lucia
Residential
Single Family 1.00 - 2,877 - 2,877 2,877
Multifamily 0.81 - 621 - 503 503
Subtotal - 3,498 - 3,380 3,380
Nonresidential
Mixed Use 0.46 - 94 - 43 43
Subtotal - 94 - 43 43
Subtotal EDUs Vista Lucia - 3,423 3,423
Puente Del Monte
Residential
Single Family 1.00 - 2,009 - 2,009 2,009
Multifamily 0.81 - 614 - 497 497
Subtotal - 2,623 - 2,506 2,506
Nonresidential
Mixed Use 0.46 - 72 - 33 33
Commercial 0.46 - 450 - 207 207
Industrial/Manufacturing 0.23 - 412 - 95 95
Subtotal - 934 - 335 335
Subtotal EDUs Puente Del Monte - 2,841 2,841
D'Arrigo Brothers
Residential
Single Family 1.00 - 1,174 - 1,174 1,174
Multifamily 0.81 - 207 - 168 168
Subtotal - 1,381 - 1,342 1,342
Nonresidential
Mixed Use 0.46 - 1,059 - 487 487
Subtotal EDUs D'Arrigo Brothers - 3,821 - 1,829 1,829
Franscioni
Industrial 0.23 - 1,078 - 248 248
Future Growth Area
Residential
Single Family 1.00 - 6,060 - 6,060 6,060
Multifamily 0.81 - 1,442 - 1,168 1,168
Subtotal - 7,502 - 7,228 7,228
Nonresidential
Mixed Use 0.46 - 1,675 - 770 770
Industrial/Manufacturing 0.23 - 1,490 - 343 343
Subtotal - 3,165 - 1,113 1,113
Total - Future Growth Area - 8,341 8,341
Grand Total EDUs City + FGA 2,502 9,184 11,686
1 Per dw elling unit (residential) or thousand building square feet (nonresidential).

Sources: Tables 2.1, 2.3, 2.4, 2.5 and 5.1, Willdan Financial Services.

Packet Pg. 153 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
37 Facility Needs and Costs
Table 5.3 identifies the planned water facilities identified in the Water Master Plan. All improvements are needed to accommodate demand from new development, so the two impact fee zones will fully fund the total cost of the identified improvements.

Table 5.3: Water Facilities Costs to Serve New Development Item Quantity Units Unit Price Total
Existing City Water Line (Upgrades)
10" PVC (under paving) 860 LF $ 200 $ 172,000
12" PVC (under paving) 180 LF 225 40,500
18" DIP Transmission Main 12,450 LF 275 3,423,750
Well 6 Hydropnuematic Tank 1 EA 500,000 500,000
New 0.5MG Tank and Booster Pump 1 EA 750,000 750,000
New Well 7 and Pump 1 EA 1,500,000 1,500,000
Hard Cost Subtotal $ 6,386,250
10% Design $ 638,625
10% CM/Inspection 638,625
15% Contractor Profit, Bonds, Insurance Overhead 957,938

2.5% General Admin & Legal 159,656
Soft Cost Subtotal 2,395,000
30% Contingency 1,915,875
Existing City Total $ 10,698,000
Future Growth Area Backbone Water System
12" PVC (natural ground) 21,800 LF $ 90 $ 1,962,000
18" DIP (natural ground) 13,900 LF 120 1,668,000
New Well and Pump 2 EA 1,500,000 3,000,000
Pressure Reducing Stations 4 EA 25,000 100,000
New 3.0 MG Storage Tank 1 EA 4,500,000 4,500,000
Booster Pump and Hydropnuematic Valves 1 EA 500,000 500,000 Hard Cost Subtotal $ 11,730,000
10% Design $ 1,173,000
10% CM/Inspection 1,173,000
15% Contractor Profit, Bonds, Insurance Overhead 1,759,500

2.5% General Admin & Legal 293,250
Soft Cost SUBTOTAL 4,399,000
30% Contingency 3,519,000
Future Growth Area Total $ 19,648,000
Total $ 30,346,000
Source: City of Gonzales Existing City Plus Sphere Of Influence Water Master Plan Appendix, Cost Estimate Back-Up Data, June 2019.

Packet Pg. 154 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
38 Cost per EDU
Table 5.4 calculates a cost per EDU associated by dividing the total cost of projects allocated to new development identified in Table 5.3 by the growth in EDUs identified in Table 5.2 for each zone.

Table 5.4: Cost per EDU
Existing City and GABIP
Cost of Planned Facilities $10,698,000
Growth in EDUs 843
Cost per EDU $ 12,690
Future Growth Area
Cost of Planned Facilities $19,648,000
Growth in EDUs 8,341
Cost per EDU $ 2,356
Sources: Tables 5.2 and 5.3.

Fee Schedule
The maximum justified fee for water facilities is shown in Table 5.5. The cost per EDU is converted to a fee per unit of new development based on the EDU factors shown in Table 5.1.

The total fee includes an administrative charge to fund costs that include: (1) a standard overhead charge applied to all City programs for legal, accounting, and other departmental and administrative support, (2) capital planning, programming, project management costs associated with the share of projects funded by the facilities fee, and (3) fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.

Packet Pg. 155 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
39 Table 5.5: Water Facilities System Development Fee
A B C = A x B D = C x 0.02 E = C + D E / 1,000
Cost Per
EDU
EDU
Factor Base Fee1
Admin
Charge1, 2 Total Fee1
Fee per
Sq. Ft.

Existing City and GABIP
Residential - Fee per Dwelling Unit
Single Family $12,690 1.00 $ 12,690 $ 254 $ 12,944
Multifamily 12,690 0.81 10,279 206 10,485
Nonresidential - Fee per 1,000 Sq. Ft.

Mixed Use/Commercial $12,690 0.46 $ 5,837 $ 117 $ 5,954 $ 5.95 Industrial/Manufacturing 12,690 0.23 2,919 58 2,977 2.98 Future Growth Area
Residential - Fee per Dwelling Unit
Single Family $ 2,356 1.00 $ 2,356 $ 47 $ 2,403
Multifamily 2,356 0.81 1,908 38 1,946
Nonresidential - Fee per 1,000 Sq. Ft.

Mixed Use/Commercial $ 2,356 0.46 $ 1,084 $ 22 $ 1,106 $ 1.11 Industrial/Manufacturing 2,356 0.23 542 11 553 0.55
1 Persons per dw elling unit or per 1,000 square feet of nonresidential.

Sources: Tables 5.1 and 5.4; Willdan Financial Services. 2 Administrative charge of 2.0 percent for (1) legal, accounting, and other administrative support and (2) impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.

Packet Pg. 156 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) 40 6. Police Capital Facilities
The purpose of this fee is to ensure that new development funds its fair share of police capital facilities. Fees are calculated for two zones: the existing City impact fee zone, plus GABIP and for the future growth area. A fee schedule is presented based on the planned facilities standard of police facilities in the City of Gonzales to ensure that new development provides adequate funding to meet its needs, since the identified facilities represent a lower standard than currently exists. New development will fully fund the identified facilities through this impact fee.

Service Population
Police facilities serve both residents and businesses. Therefore, demand for services and associated facilities are based on the City’s service population including residents and workers.

Table 6.1 shows the existing and future projected service population for police facilities. While specific data is not available to estimate the actual ratio of demand per resident to demand by businesses (per worker) for this service, it is reasonable to assume that demand for these services is less for one employee compared to one resident, because nonresidential buildings are typically occupied less intensively than dwelling units. The 0.31-weighting factor for workers is based on a 40-hour workweek divided by the total number of non-work hours in a week (128) and reflects the degree to which nonresidential development yields a lesser demand for public safety facilities.

Packet Pg. 157 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
41 Table 6.1: Police Capital Facilities Service Population Residents Workers
Service
Population1
Existing City
Existing 8,484 2,626 9,298
New Development 214 - 214
Buildout 8,698 2,626 9,512
GABIP
Existing - 482 149
New Development - 3,444 1,068
Buildout - 3,926 1,217
Future Growth Area
Existing 30 - -
New Development 29,123 4,535 30,529
Buildout 29,153 4,535 30,529
Total
Existing 8,514 3,108 9,447
New Development 29,337 7,979 31,811
Buildout 37,851 11,087 41,258
Weighting factor2

1.00 0.31
1 Service population is equal to residents plus w eighted w orkers.

Source: Table 2.1; Willdan Financial Services.
2 Workers are w eighted at 0.31 of residents based on a 40 hour w ork w eek out of a possible 128 non-w ork hours in a w eek (40/128 = 0.31) Existing Facility Inventory
The City’s police facilities inventory is comprised of a police station built in 2010. At that time, the station was oversized by 40% to accommodate anticipated growth in the future growth area.

Table 6.2 displays the total value of the existing facilities and allocates that value to the existing City and to the future growth area.

Packet Pg. 158 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
42 Table 6.2: Existing Police Capital Facilities Inventory Facility Inventory Units Unit Cost1 Value
Police Department
Land 0.15 acres $200,000 $ 29,904
Police Building 10,000 sq. ft. 600 6,000,000
Subtotal $6,029,904
Total Value of Existing Facilities $6,029,904
Allocation to Existing City Limits $3,617,942
Allocation to Future Growth Area1
$2,411,961
Sources: City of Gonzales; Willdan Financial Services.
1 Existing Police Station w as constructed in 2010 and w as oversized by 40% to accommodate some of the grow th in the future grow th area.

Planned Facilities
Table 6.3 summarizes the planned public safety facilities needed to serve the City, as identified by City staff. A community video surveillance system is planned to serve the entire City and the future growth area. A new substation, vehicles and equipment are needed to serve the future growth area. City staff estimates that 30% of the video surveillance project is needed to serve the existing City. The table displays the costs allocated to the existing City and to the future growth area.

Packet Pg. 159 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
43 Table 6.3: Planned Police Capital Facilities
Facility Quantity Units Unit Cost Value
Existing City, GABIP and Future Growth Area
Community Video Camera System1 Lump Sum 290,000 $ 290,000 Future Growth Area
Police Substation
Land 0.50 acres $200,000 $ 100,000
Police Building 5,000 sq. ft. 600 3,000,000
Furniture, Fixtures and Equipment 5,000 sq. ft. 90 450,000 Subtotal $ 3,550,000
Vehicles and Equipment
Vehicles 6 65,000 $ 390,000
Computers and related gear installed
in patrol vehicle 6 15,000 90,000
Radios (belt-mounted) 6 3,000 18,000
Police Body Cameras 6 550 3,300
Computer stations in PD HQ and
substation 6 2,500 15,000
Computer Rack with gear for VPN
connection back to main City server Lump Sum 10,000 10,000 Firearms (rifles and shotguns) 12 550 6,600
Speed-feedback Radar trailer 1 25,000 25,000
Animal Control Truck 1 60,000 60,000
Subtotal $ 617,900
Total Cost of Planned Facilities $ 4,457,900
Allocation to Existing City Limits $ 87,000
Allocation to Future Growth Area1$ 4,370,900
1 City staff estimates 70% of his project is needed to serve development in the Future Grow th Area and the remainder is needed to serve the existing City.

Sources: City of Gonzales; Willdan Financial Services.

Cost Allocation
Table 6.4 shows the calculation of the planned facilities standard per capita for police facilities.

This approach is used because the planned facilities in each fee zone represent a lower standard per capita than is currently provided by the City. New development can fully fund all the identified facilities.

This cost per capita standard is calculated by dividing the total cost of facilities in each zone by the growth in service population to buildout for each zone, respectively. The cost per capita is multiplied by the worker weighting factor of 0.31 to determine the cost per worker.

But for new development in the future growth area, the City would not be building another police station, so costs for that station are allocated solely to the future growth area.

Packet Pg. 160 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
44 Table 6.4: Police Capital Facilities Standards
Future Growth Area
Allocation of Existing Facility to Future Growth Area $2,411,961 Allocation of Planned Facilities to Future Growth Area 4,370,900 Total $6,782,861
Service Population Growth (Residents + Weighted
Workers) 30,529
Facility Standard per Resident $ 222
Facility Standard per Worker169
Existing City and GABIP
Net Value of Planned Facilities $ 87,000
Service Population Growth (Residents + Weighted
Workers) 1,282
Facility Standard per Resident $ 68
Facility Standard per Worker1
21 1
Based on a w eighing factor of 0.31.

Sources: Tables 6.1 and 6.3; Willdan Financial Services.

Fee Revenue Projection
The City plans to use police facilities fee revenue to construct improvements and acquire capital facilities and equipment to add to the system of police facilities to serve new development. The fee revenue will equal the cost of planned facilities in Table 6.3.

Fee Schedule
Table 6.5 shows the maximum justified police facilities fee schedule for each zone. The City can adopt any fee up to this amount. The cost per capita is converted to a fee per unit of new development based on dwelling unit and employment densities (persons per dwelling unit or employees per 1,000 square feet of nonresidential building space). The total fee includes a two percent (2.0%) administrative charge to fund costs that include: a standard overhead charge applied to City programs for legal, accounting, and other departmental and administrative support, and fee program administrative costs including revenue collection, revenue and cost accounting and mandated public reporting.

In Willdan’s experience with impact fee programs, two percent of the base fee adequately covers the cost of fee program administration. The administrative charge should be reviewed and adjusted during comprehensive impact fee updates to ensure that revenue generated from the charge sufficiently covers, but does not exceed, the administrative costs associated with the fee program.

Packet Pg. 161 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
45 Table 6.5: Police Capital Facilities Fee - Maximum Justified Fee Schedule A B C = A x B D = C x 0.02 E = C + D F = E / 1,000
Cost Per Admin Fee per
Land Use Capita Density Base Fee1 Charge1, 2 Total Fee1 Sq. Ft.

Future Growth Area
Residential - per Dwelling Unit
Single Family $ 222 4.20 $ 932 $ 19 $ 951
Multifamily 222 3.40 755 15 770
Nonresidential - per 1,000 Sq. Ft.

Mixed Use/Commercial $ 69 1.82 $ 125 $ 3 $ 128 $ 0.13
Industrial/Manufacturing 69 1.00 69 1 70 0.07
Existing City and GABIP
Residential - per Dwelling Unit
Single Family $ 68 4.20 $ 286 $ 6 $ 292
Multifamily 68 3.40 231 5 236
Nonresidential - per 1,000 Sq. Ft.

Mixed Use/Commercial $ 21 1.82 $ 38 $ 1 $ 39 $ 0.039
Industrial/Manufacturing 21 1.00 21 - 21 0.021
Sources: Tables 2.2 and 6.4; Willdan Financial Services. 2 Administrative charge of 2.0 percent for (1) legal, accounting, and other administrative support and (2) impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.
1 Persons per dw elling unit or per 1,000 square feet of nonresidential.

Packet Pg. 162 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) 46 7. Fire Capital Facilities
The purpose of this fee is to ensure that new development funds its fair share of fire protection facilities. Fees are calculated for two zones: the existing City impact fee zone plus GABIP and for the future growth area. A fee schedule is presented based on the planned facilities standard of fire facilities in the future growth area, and the existing standard in the existing City plus GABIP zone.

Service Population
Fire protection facilities serve both residents and businesses. Therefore, demand for services and associated facilities are based on the City’s service population including residents and workers.

Table 7.1 shows the existing and future projected service population for fire protection facilities.

To calculate service population for fire protection facilities, residents are weighted at 1.00. A worker is weighted at 0.61 of one resident to reflect the lower per capita need for fire services associated with businesses. The specific 0.61 per worker weighting used here is derived from an analysis of fire services demand by residential versus nonresidential land uses in other agencies in California.

Packet Pg. 163 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
47 Table 7.1: Fire Capital Facilities Service Population Residents Workers
Service
Population1
Existing City
Existing 8,484 2,626 10,086
New Development 214 - 214
Buildout 8,698 2,626 10,300
GABIP
Existing - 482 294
New Development - 3,444 2,101
Buildout - 3,926 2,395
Future Growth Area
Existing 30 - -
New Development 29,123 4,535 31,889
Buildout 29,153 4,535 31,889
Total
Existing 8,514 3,108 10,380
New Development 29,337 7,979 34,204
Buildout 37,851 11,087 44,584
Weighting factor2

1.00 0.61
1 Service population is equal to residents plus w eighted w orkers.

Source: Tables 2.1, 2.3 and 2.4; Willdan Financial Services. 2 Service population w eighting factors based on service call data w eighted by the relative proportions of residential and nonresidential land use from another Willdan municipal client in California, since local data w as not available.

Existing Facility Inventory
The City’s fire protection facilities inventory is comprised of a single fire station, various apparatus, vehicles, and equipment. In total the City nearly $5.9 million worth of fire protection facilities. Table 7.2 displays the City’s existing inventory of fire protection facilities.

Packet Pg. 164 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
48 Table 7.2: Existing Fire Capital Facilities Inventory Inventory Units Unit Cost Value
Fire Station - 325 Center Street
Land 0.12 acres $200,000 $ 23,600
Station 6,500 Sq. Ft. 500 3,250,000
Reserve Vehicle Parking and Storage 2,800 Sq. Ft. 250 700,000 Subtotal $3,973,600
Vehicles and Apparatus
Engine 8111 $ 725,000
Patrol 8151 60,000
Rescue 8161 675,000
Water Tender 8141 250,000
Subtotal $1,710,000
Equipment
Breathing apparatus $ 80,000
Hose 30,000
Radios 50,000
Miscellaneous tools and rescue equipment 30,000
Subtotal $ 190,000
Total Value of Existing Facilities $5,873,600
Sources: City of Gonzales; Contra Costa Fire Protection District; Willdan Financial Services.

Planned Facilities
Table 7.3 summarizes the planned fire protection facilities needed to serve the City, as identified by City staff. The City plans to build a new fire station, expand its fleet of vehicles, and expand its inventory of equipment to add capacity to serve the future growth area. The total cost of the identified facilities is $9.1 million. The City will also have to identify facilities to serve the existing City.

Packet Pg. 165 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
49 Table 7.3: Planned Fire Capital Facilities
Quantity Units Unit Cost Value
Future Growth Area Fire Station
Land 1.00 acres $ 200,000 $ 200,000
Station 10,000 Sq. Ft. 500 5,000,000
Furniture, Fixtures and Equipment 10,000 Sq. Ft. 65 650,000 Computer Rack with gear for VPN connection
back to main City server Lump Sum 10,000 10,000
Subtotal $5,860,000
Future Growth Area Vehicles and Apparatus
Type 1 Fire Engine 1 650,000 $ 650,000
Type 3 Fire Engine 1 450,000 450,000
75-foot aerial apparatus or quint 1 1,200,000 1,200,000 Type 6 Fire Engine or rescue squad 1 400,000 400,000
Breathing apparatus Lump Sum 150,000
Hose Lump Sum 50,000
Radios Lump Sum 75,000
Misc tools and rescue equipment Lump Sum 100,000
Backup generator 1 200,000 200,000
Subtotal $3,275,000
Total Value of Planned Facilities $9,135,000
Sources: City of Gonzales.

Cost Allocation
Table 7.4 shows the calculation of the fire facilities standards per capita for the existing City and for the future growth area. The standard for the existing City is based on the existing inventory method. The value of existing facilities is divided by the existing service population to determine an existing cost per capita. New development will maintain this level of service through the impact fee.

The standard for the future growth area is calculated using the planned facilities methodology.

The facilities identified are needed only to serve new development. If no new development were occurring in the future growth area, then the City would not need to build these facilities. As such, new development must fully fund the identified facilities though the impact fee. The cost standard is calculated by dividing the cost of the planned facilities by the growth in serve population in the future growth area.

The cost per capita for each zone is multiplied by the worker weighting factor of 0.61 to determine the cost per worker. The resulting standard is the cost standards are used to drive the impact fee calculations for each zone, respectively.

Packet Pg. 166 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
50 Table 7.4: Fire Capital Facility Standards
Existing City and GABIP
Value of Existing Facilities $ 5,873,600
Existing Service Population (Residents +
Weighted Workers) 10,086
Cost per Capita $ 582
Facility Standard per Resident $ 582
Facility Standard per Worker1 355
Future Growth Area
Value of Planned Facilities $ 9,135,000
Growth in Service Population (Residents +
Weighted Workers) 31,889
Cost per Capita $ 286
Facility Standard per Resident $ 286
Facility Standard per Worker1
174
1 Based on a w eighing factor of 0.61.

Sources: Tables 7.1 and 7.3; Willdan Financial Services.

Fee Revenue Projection
The City plans to use fire protection facilities fee revenue to construct improvements and acquire capital facilities and equipment to add to the system of fire protection facilities to serve new development. Table 7.5 details a projection of fee revenue for the existing City zone based on the service population growth increment identified in Table 7.1. The City should program fire protection facilities fee revenue to capacity expanding projects annually through its CIP and budget process. The fee will generate $1.3 million thorough buildout within this zone.

The fee in the future growth area will generate revenue equal to the total cost of the planned facilities from Table 7.3.

Table 7.5: Revenue Projection - Existing Standard
Existing City and GABIP
Cost per Capita $ 582
Growth in Service Population to Buildout 2,315
Fee Revenue $ 1,347,000
Sources: Tables 7.1 and 7.3.

Packet Pg. 167 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
51 Fee Schedule
Table 7.6 shows the maximum justified fire protection facilities fee schedule forth existing City and for the future growth area. The City can adopt any fee up to this amount. The cost per capita is converted to a fee per unit of new development based on dwelling unit and employment densities (persons per dwelling unit or employees per 1,000 square feet of nonresidential building space). The total fee includes a two percent (2.0%) administrative charge to fund costs that include: a standard overhead charge applied to City programs for legal, accounting, and other departmental and administrative support, and fee program administrative costs including revenue collection, revenue and cost accounting and mandated public reporting.

In Willdan’s experience with impact fee programs, two percent of the base fee adequately covers the cost of fee program administration. The administrative charge should be reviewed and adjusted during comprehensive impact fee updates to ensure that revenue generated from the charge sufficiently covers, but does not exceed, the administrative costs associated with the fee program.

Table 7.6: Fire Capital Facilities Fee - Maximum Justified Fee Schedule A B C = A x B D = C x 0.02 E = C + D F = E / 1,000
Cost Per Admin Fee per
Land Use Capita Density Base Fee1 Charge1, 2 Total Fee1 Sq. Ft.

Existing City and GABIP
Residential - per Dwelling Unit
Single Family $ 582 4.20 $ 2,444 $ 49 $ 2,493
Multifamily 582 3.40 1,979 40 2,019
Nonresidential - per 1,000 Sq. Ft.

Mixed Use/Commercial $ 355 1.82 $ 645 $ 13 $ 658 $ 0.66 Industrial/Manufacturing 355 1.00 355 7 362 0.36
Future Growth Area
Residential
Single Family $ 286 4.20 $ 1,201 $ 24 $ 1,225
Multifamily 286 3.40 972 19 991
Nonresidential
Commercial $ 174 1.82 $ 316 $ 6 $ 322 $ 0.32
Industrial/Manufacturing 174 1.00 174 3 177 0.18
Sources: Tables 2.2 and 7.4; Willdan Financial Services. 2 Administrative charge of 2.0 percent for (1) legal, accounting, and other administrative support and (2) impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.
1 Persons per dw elling unit or per 1,000 square feet of nonresidential.

Packet Pg. 168 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) 52 8. Parkland and Park Facilities
The purpose of the parkland and park facilities impact fee is to fund the acquisition of parkland and creation of park facilities needed to serve new development. The maximum justified impact fee is presented based on the existing standard of parkland and park facilities per resident. The fee is calculated Citywide, including the existing City limits and the future growth area.

Service Population
Parkland and park facilities in Gonzales primarily serve residents. Therefore, demand for services and associated facilities is based on the City’s residential population. Table 8.1 shows the existing and future projected service population for parkland and park facilities.

Table 8.1: Parkland and Park
Facilities Service Population
Residents
Existing City
Existing 8,484
New Development 214
Buildout 8,698
Future Growth Area
Existing 30
New Development 29,123
Buildout 29,153
Total
Existing 8,514
New Development 29,337
Buildout 37,851
Sources: Tables 2.1 and 2.3.

Existing Parkland and Park Facilities Inventory
The City of Gonzales maintains several park facilities throughout the city. Table 8.2 summarizes the City’s existing parkland inventory in 2021. All facilities are located within the City limits. In total, the inventory includes a total of 19.22 acres of parkland.

Packet Pg. 169 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
53 Table 8.2: Parkland Inventory
Total
Acreage
Existing Parkland
Central Park 2.06
Centennial Park 7.00
Meyer Park 3.00
Canyon Creek Park 3.50
Canyon Creek Tot Lot 0.43
Venice Park 0.25
Skate Park 2.98
Total - Existing Parkland 19.22
Source: City of Gonzales.

Table 8.3 displays the City’s inventory of special use facilities, including a pool and recreation center. The total cost of these facilities is divided by the existing park acres to determine an existing special use facilities cost per acre.

Table 8.3: Special Use Facilities Inventory
Quantity Units Unit Cost1 Value
Community Pool 1 Pool $3,500,000 $3,500,000
Vosti Recreation Center 3,600 Sq. Ft. 350 1,260,000
Total $4,760,000
Exsiting Park Acres 19.22
Special Use Facilities Cost per Acre $ 247,703
Source: City of Gonzales.

Parkland and Park Facilities Unit Costs
Table 8.4 displays the unit costs necessary to develop parkland in Gonzales. The land cost assumption was based on an analysis of recent land sales within the City of Gonzales and is consistent with other chapters in the report. An estimate of $500,000 per acre for standard parkland improvements is conservative and based on data from other Willdan clients. The special use facilities cost per acre is also included in addition to the cost of standard park improvements.

Packet Pg. 170 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
54 Table 8.4: Park Facilities Unit Costs
Cost
Per Acre Share
Special Use Facilities $ 247,703
Standard Park Improvements 500,000
Subtotal - Improvements $ 747,703 78.9%
Land Acquisition 200,000 21.1%
Total Cost per Acre $ 947,703
Sources: Willdan Financial Services.

Park Facility Standards
Park facility standards establish a reasonable relationship between new development and the need for expanded park facilities. Information regarding the City’s existing inventory of existing parks facilities was obtained from City staff.

The most common measure in calculating new development’s demand for parks is the ratio of park acres per resident. In general, facility standards may be based on a jurisdiction’s existing inventory of park facilities, or an adopted policy standard contained in a master facility plan or general plan. Facility standards may also be based on a land dedication standard established by the Quimby Act.
5 Quimby Act Standard
The Quimby Act specifies that the dedication requirement must be a minimum of 3.0 acres and a maximum of 5.0 acres per 1,000 residents. A jurisdiction can require residential developers to dedicate above the three-acre minimum if the jurisdiction’s existing park standard at the time it adopted its Quimby Act ordinance justifies the higher level (up to five acres per 1,000 residents).

The standard used must also conform to the jurisdiction’s adopted general or specific plan standards.

The Quimby Act only applies to land subdivisions. The Quimby Act would not apply to residential development on future approved projects on single parcels, such as apartment complexes and other multifamily development.

The Quimby Act allows payment of a fee in lieu of land dedication. The fee is calculated to fund acquisition of the same amount of land that would have been dedicated.

The Quimby Act allows use of in-lieu fee revenue for any park or recreation facility purpose.

Allowable uses of this revenue include land acquisition, park improvements including recreation facilities, and rehabilitation of existing parkland and park facilities.

City of Gonzales Park Facilities Standards
Table 8.5 shows the existing standard for improved park acreage per 1,000 residents based on the type of parkland. In total the City has an existing parkland standard of 2.26 acres per 1,000 residents. The fee analysis in this report will be based on maintaining a 2.26 acre per 1,000 5 California Government Code §66477.

Packet Pg. 171 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
55 service population standard as new development adds demand for parks in Gonzales. Fees for subdivisions are calculated at the minimum Quimby standard of 3.0 acres per 1,000 residents.

Table 8.5: Parkland Standards
Total Developed Parkland 19.22
Existing Service Population (Residents) 8,514
Existing Standard (Acres per 1,000 Capita) 2.26
Quimby Standard (Acres per 1,000 Residents) 3.00
Sources: Tables 8.1 and 8.2.

Facilities Needed to Accommodate New Development
Table 8.6 shows the park facilities needed to accommodate new development at the existing standard. To achieve the standard by the planning horizon, depending on the amount of development subject to the Quimby Act, new development must fund the purchase and improvement of between 66.30 and 88.01 parkland acres, at a total cost ranging between $62.8 and $67.2 million.

The facility standards and resulting fees under the Quimby Act are higher because development will be charged to provide 3.0 acres of parkland per 1,000 residents, and 2.26 acres of improvements, whereas development not subject to the Quimby Act will be charged to provide only 2.26 acres of parkland per 1,000 residents, and 2.26 acres of improvements. Since the exact amount of development that will be subject to the Quimby fees is unknown at this time, Table 8.6 presents the range of total facility costs that may be incurred depending on the amount of development subject to the Quimby Act.

Packet Pg. 172 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
56 Table 8.6: Park Facilities to Accommodate New Development Calculation Parkland Improvements Total Range1
Parkland (Quimby Act), Improvements (Mitigation Fee Act) 2 Facility Standard (acres/1,000 residents) A 3.00 2.26
Service Population Growth to Buildout B 29,337 29,337
Facility Needs (acres) C = (B / 1,000) x A 88.01 66.30
Average Unit Cost (per acre) D $ 200,000 $ 747,703
Total Cost of Parkland To Serve New Development E = C x D $ 17,602,000 $ 49,572,693 $ 67,174,693 Parkland and Improvements - Mitigation Fee Act 3
Facility Standard (acres/1,000 residents) F 2.26 2.26
Service Population Growth to Buildout G 29,337 29,337
Facility Needs (acres) H = (G / 1,000) / F 66.30 66.30
Average Unit Cost (per acre) D $ 200,000 $ 747,703
Total Cost of Parkland To Serve New Development I = H x D $ 13,260,000 $ 49,572,693 $ 62,832,693 Note: Totals rounded to the thousands.

Sources: Tables 8.1, 8.4 and 8.5.
3 Cost of parkland to serve new development show n if all development is subject to the Mitigation Fee Act. Parkland and improvements are charged at the existing standard.
1 Values in this column show the range of the cost of parkland acquisition and development should all development be either subject to the Quimby Act, or to the Mitigation Fee Act, respectively. 2 Cost of parkland to serve new development show n if all development is subject to the Quimby Act (Subdivisions of 50 units or more).

Parkland charged at 3.0 acres per 1,000 residents; improvements charged at the existing standard.

Preliminary Planned Facilities
The City’s has preliminarily identified two parkland and park facilities projects. Table 8.7 summarizes the projects costs. The City will have to identify additional projects to maintain the existing standard of parks and recreation facilities as new development adds demand for facilities. Project costs were provided by City staff based on analogous projects in other jurisdictions.

Table 8.7: Preliminary Planned Facilities
Cost
New Aquatic Facility (30-meter x 25-yard pool
and Family Recreation pool) $15,000,000
Canyon Creek Park - Phase 2 5,875,000
Total $20,875,000
Source: City of Gonzales.

Packet Pg. 173 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
57 Parks Cost per Resident
Table 8.8 shows the cost per capita of providing new park facilities at the Quimby standard, and the existing facility standard. The cost per capita is shown separately for land and improvements.

The costs per capita in this table will serve as the basis of three fees:
• A Quimby Act Fee in-lieu of land dedication. This fee is payable by residential development occurring in subdivisions.
• A Mitigation Fee Act Fee for land acquisition. This fee is payable by residential development not occurring in subdivisions.
• A Mitigation Fee Act Fee for parkland improvements. This fee is payable by all residential development.

A development project pays either the Quimby Act Fee in-lieu of land dedication, or the Mitigation Fee Act Fee for land acquisition, not both. All development projects pay the Mitigation Fee Act Fee for park improvements.

Credits
Developments that build and dedicate parkland to the City can receive a credit against their Quimby and park impact fee requirements. The park facility standards and occupant density assumptions per unit can be used to calculate the parkland needed to satisfy the requirements for a given number of dwelling units. A credit is then given for the number of acres dedicated relative to the acres needed to meet a development project’s parkland standard requirements.

Table 8.8: Parkland and Park Facilities Cost Per Resident Improvements
Calculation Quimby Fee Impact Fee Impact Fee
Parkland Investment (per acre) A $ 200,000 $ 200,000 $ 747,703 Standard (acres per 1,000 residents) B 3.00 2.26 2.26
Total Cost Per 1,000 capita C = A x B $ 600,000 $ 452,000 $ 1,689,800 Cost Per Resident D = C / 1,000 $ 600 $ 452 $ 1,690
Sources: Tables 8.4 and 8.5.

Land
Use of Fee Revenue
The City plans to use parkland and park facilities mitigation fee revenue to purchase parkland, recreational facilities and to construct improvements to add to the system of facilities that serves new development. The City may only use impact fee revenue to provide new facilities and to intensify usage of existing facilities needed to serve new development. The City should program parks and recreation facilities fee revenue to capacity expanding projects annually through its CIP and budget process.

Packet Pg. 174 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
58 Fee Schedule
To calculate fees by land use type, the investment in park facilities is determined on a per resident basis for both land acquisition and improvement. This investment factor (shown in Table

5.7) is the investment per resident based on the unit cost estimates and facility standards.

Table 8.9 and 8.10 show the maximum justified parkland and park facilities fee based on the policy standard of 3.0 acres per capita under the Quimby Act and under the existing Mitigation Fee Act standard, respectively. The costs per resident from Table 8.8 are converted to a fee per dwelling unit using the occupancy density factors from Table 2.2. The total fee includes an administrative charge to fund costs that include: (1) legal, accounting, and other administrative support and (2) impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.

In Willdan’s experience with impact fee programs, two percent of the base fee adequately covers the cost of fee program administration. The administrative charge should be reviewed and adjusted during comprehensive impact fee updates to ensure that revenue generated from the charge sufficiently covers, but does not exceed, the administrative costs associated with the fee program.

Table 8.9: Parkland and Park Facilities Fee ScheduleSubdivisions (Quimby Act) A B C = A x B D = C x 0.02 E = C + D
Cost Per Base Admin
Land Use Capita Density Fee Charge1Total Fee
Single Family
Parkland $ 600 4.20 $ 2,520 $ 50 $ 2,570
Improvements 1,690 4.20 7,098 142 7,240
Total $ 2,290 $ 9,618 $ 9,810
Multifamily
Parkland $ 600 3.40 $ 2,040 $ 41 $ 2,081
Improvements 1,690 3.40 5,746 115 5,861
Total $ 2,290 $ 7,786 $ 7,942
Sources: Tables 2.2 and 8.8.
1 Administrative charge of 2.0 percent for (1) legal, accounting, and other administrative support and (2) impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.

Packet Pg. 175 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
59 Table 8.10: Parkland and Park Facilities Fee ScheduleNon-Subdivisions (Mitigation Fee Act) A B C = A x B D = C x 0.02 E = C + D
Cost Per Base Admin
Land Use Capita Density Fee Charge1
Total Fee
Single Family
Parkland $ 452 4.20 $ 1,898 $ 38 $ 1,936
Improvements 1,690 4.20 7,098 142 7,240
Total $ 2,142 $ 8,996 $ 9,176
Multifamily
Parkland $ 452 3.40 $ 1,537 $ 31 $ 1,568
Improvements 1,690 3.40 5,746 115 5,861
Total $ 2,142 $ 7,283 $ 7,429
Sources: Tables 2.2 and 8.8.
1 Administrative charge of 2.0 percent for (1) legal, accounting, and other administrative support and (2) impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.

Packet Pg. 176 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) 60 9. General City Facilities
The purpose of this fee is to ensure that new development funds its fair share of general city facilities. A Citywide fee schedule is presented based on the system plan standard of general city facilities in the City of Gonzales to ensure that new development provides adequate funding to meet its needs.

Service Population
General city facilities serve both residents and businesses. Therefore, demand for services and associated facilities are based on the City’s service population including residents and workers.

Table 9.1 shows the existing and future projected service population for general city facilities.

While specific data is not available to estimate the actual ratio of demand per resident to demand by businesses (per worker) for this service, it is reasonable to assume that demand for these services is less for one employee compared to one resident, because nonresidential buildings are typically occupied less intensively than dwelling units. The 0.31-weighting factor for workers is based on a 40-hour workweek divided by the total number of non-work hours in a week (128) and reflects the degree to which nonresidential development yields a lesser demand for general city facilities.

Packet Pg. 177 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
61 Table 9.1: General City Facilities Service Population Residents Workers
Service
Population1
Existing City
Existing 8,484 2,626 9,298
New Development 214 - 214
Buildout 8,698 2,626 9,512
GABIP
Existing - 482 149
New Development - 3,444 1,068
Buildout - 3,926 1,217
Future Growth Area
Existing 30 - -
New Development 29,123 4,535 30,529
Buildout 29,153 4,535 30,529
Total
Existing 8,514 3,108 9,447
New Development 29,337 7,979 31,811
Buildout 37,851 11,087 41,258
Weighting factor2 1.00 0.31
1 Service population is equal to residents plus w eighted w orkers.

Source: Table 2.1; Willdan Financial Services.
2 Workers are w eighted at 0.31 of residents based on a 40 hour w ork w eek out of a possible 128 non-w ork hours in a w eek (40/128 = 0.31) Existing Inventory
The general city facilities inventory is comprised of City Hall, City Council Chambers, the public works corporation yard and land for the future community center complex. In total the City owns over $7 million worth of general city facilities. Table 9.2 displays the City’s existing inventory of general city facilities.

Packet Pg. 178 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
62 Table 9.2: Existing General City Facilities Inventory Facility Quantity Units Unit Cost1 Value
City Hall
Land 0.33 acres $200,000 $ 65,600
Building 3,650 sq. ft. 500 1,825,000
Subtotal $1,890,600
Council Chambers
Land 0.12 acres $200,000 $ 24,000
Building 4,410 sq. ft. 500 2,205,000
Subtotal $2,229,000
Public Works Corporation Yard
Land 0.33 acres $200,000 $ 65,600
Building 7,200 sq. ft. 300 2,160,000
Subtotal $2,225,600
Community Center Complex at 5th Street/Galiban Court
Land 3.30 acres $200,000 $ 660,000
Total Value of Existing Facilities $7,005,200
Source: City of Gonzales.

Planned Facilities
Table 9.3 summarizes the planned general city facilities needed to serve the City, as identified by City staff. The City plans to build a new community center, to expand City Hall and to expand the corporation yard to accommodate new development. The total cost of the identified facilities net of secured funding is $39.3 million.

Packet Pg. 179 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
63 Table 9.3: Planned General City Facilities
Facility Quantity Units Unit Cost1 Value
Community Center Complex at Fifth Street/Gabilan Court
Hard Costs
Community Center 12,000 sq. ft. $ 850 $ 10,200,000
Library 6,000 sq. ft. 850 5,100,000
Teen Innovation Center 5,000 sq. ft. 850 4,250,000
Gymnasium 12,000 sq. ft. 625 7,500,000
Fixtures, Furnishings & Equipment 3,700,000
Utilities 1,250,000
Subtotal $ 32,000,000
15% Contingency 4,800,000
Total $ 36,800,000
Soft Costs
Design $ 3,500,000
CM/Inspection/Testing 3,500,000
CEQA and Technical Studies 300,000
Commissioning 90,000
Subtotal $ 7,390,000
15% Contingency 1,108,500
Total $ 8,498,500
Grand Total $ 45,298,500
Less Secured Funding1
(14,810,000)
Net Cost of Community Center Complex $ 30,488,500
City Hall Expansion
Hard Costs
Building 3,650 sq. ft. 700 $ 2,555,000
Soft Costs
Design $ 255,500
CM/Inspection/Testing 320,000
CEQA and Technical Studies 40,000
Permits 20,000
Subtotal $ 3,190,500
15% Contingency 478,575
Total $ 3,669,075
Corporation Yard Expansion
Hard Costs
Building 7,200 sq. ft. 500 $ 3,600,000
Soft Costs
Design $ 360,000
CM/Inspection/Testing 450,000
CEQA and Technical Studies 60,000
Permits 30,000
Subtotal $ 4,500,000
15% Contingency 675,000
Total $ 5,175,000
Total Cost $ 39,332,575
Source: City of Gonzales.
1 Measure X financing = $9,000,000, State Funding = $5,000,000 Community Development Block Grant = $810,000.

Packet Pg. 180 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
64 Facility Standard
Existing Level of Service
Per the new nexus study requirements that went into effect of January 1, 2022, a nexus study “shall identify the existing level of service for each public facility, identify the proposed new level of service, and include an explanation of why the new level of service is appropriate.” Table 9.4 expresses the City’s current general city facilities level of service in terms of an existing cost per capita. This cost per capita is not used in the fee calculation, rather it is shown here for informational purposes only.

Once the planned facilities have been constructed and new development has increased the City’s service population the resulting facility cost per capita will be higher than the cost per capita shown in Table 9.4. The increased facility standard is needed to ensure that the City can fund the planned facilities that have been identified and approved by the City Council, and have received state, grant and CDBG funding.

Table 9.4: Existing Level of Service
Value of Existing Facilities $ 7,005,200
Existing Fund Balance 74,761
Total $ 7,079,961
Existing Service Population (Residents +
Weighted Workers) 9,447
Cost per Capita $ 749
Facility Standard per Resident $ 749
Facility Standard per Worker1 232
1 Based on a w eighing factor of 0.31.

Sources: Tables 9.1 and 9.2; Willdan Financial Services.

Future Level of Service
Table 9.5 shows the calculation of the system facilities standard per capita for general city facilities. This is the standard that will be achieved once new development has occurred and the planned facilities have been realized. This cost is calculated by dividing the total value of all existing and planned facilities by the service population at buildout. The cost per capita is multiplied by the worker weighting factor of 0.31 to determine the cost per worker.

Packet Pg. 181 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
65 Table 9.5: General City Facilities System Standard
Value of Existing Facilities $ 7,005,200
Value of Planned Facilities 39,332,575
Total System Value (Buildout) $46,337,775
Future Service Population (Buildout) 41,258
Facility Standard per Resident $ 1,123
Facility Standard per Worker1
348
1 Based on a w eighing factor of 0.31.

Sources: Tables 9.1, 9.2 and 9.3; Willdan Financial Services.

Fee Revenue Projection
The City plans to use general city facilities fee revenue to acquire capital assets and equipment to add to the system of general city facilities to serve new development. Table 9.6 details a projection of fee revenue, based on the service population growth increment identified in Table

9.1. The City should program general city facilities fee revenue to capacity expanding projects annually through its CIP and budget process. The City must fully fund the facilities in Table 9.3 by the planning horizon or else new development will have been charged to high a fee.

Table 9.6: Revenue Projection - System Standard
Cost per Capita $ 1,123
Growth in Service Population (2019 - Buildout) 31,811
Fee Revenue $ 35,724,000
Net Cost of Planned Facilities 39,332,575
Non-Fee Revenue to Be Identified $ (3,608,575)
Sources: Tables 9.1, 9.3 and 9.4.

Fee Schedule
Table 9.7 shows the maximum justified general city facilities fee schedule. The City can adopt any fee up to this amount. The cost per capita is converted to a fee per unit of new development based on dwelling unit and employment densities (persons per dwelling unit or employees per 1,000 square feet of nonresidential building space). The total fee includes a two percent (2.0%) administrative charge to fund costs that include: a standard overhead charge applied to City programs for legal, accounting, and other departmental and administrative support, and fee program administrative costs including revenue collection, revenue and cost accounting and mandated public reporting.

Packet Pg. 182 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
66 In Willdan’s experience with impact fee programs, two percent of the base fee adequately covers the cost of fee program administration. The administrative charge should be reviewed and adjusted during comprehensive impact fee updates to ensure that revenue generated from the charge sufficiently covers, but does not exceed, the administrative costs associated with the fee program.

Table 9.7: General City Facilities Fee - Maximum Justified Fee Schedule A B C = A x B D = C x 0.02 E = C + D F = E / 1,000
Cost Per Admin Fee per
Land Use Capita Density Base Fee1 Charge1, 2 Total Fee1 Sq. Ft.

Residential - per Dwelling Unit
Single Family $ 1,123 4.20 $ 4,717 $ 94 $ 4,811
Multifamily 1,123 3.40 3,818 76 3,894
Nonresidential - per 1,000 Sq. Ft.

Mixed Use/Commercial $ 348 1.82 $ 633 $ 13 $ 646 $ 0.65 Industrial/Manufacturing 348 1.00 348 7 355 0.36
Sources: Tables 2.2 and 9.4; Willdan Financial Services. 1 Persons per dw elling unit or per 1,000 square feet of nonresidential. 2 Administrative charge of 2.0 percent for (1) legal, accounting, and other administrative support and (2) impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses.

Packet Pg. 183 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) 67 10. AB 602 Requirements
On January 1, 2022, new requirements went into effect for California jurisdictions implementing impact fees. Among other changes, AB 602 added Section 66016.5 to the Government Code, which set guidelines for impact fee nexus studies. Three key requirements from that section which concern the nexus study are reproduced here:
66016.5. (a) (2) When applicable, the nexus study shall identify the existing level of service for each public facility, identify the proposed new level of service, and include an explanation of why the new level of service is appropriate.
66016.5. (a) (4) If a nexus study supports the increase of an existing fee, the local agency shall review the assumptions of the nexus study supporting the original fee and evaluate the amount of fees collected under the original fee.
66016.5. (a) (6) Large jurisdictions shall adopt a capital improvement plan as a part of the nexus study.

Compliance with AB 602
The following sections describe this study’s compliance with the new requirements of AB 602. 66016.5. (a) (2) - Level of Service

1. For fees calculated under the existing standard methodology, the fees are calculated such that new development funds facilities at the existing level of service. These fee categories are the fire capital facilities (existing City plus GABIP zone) and the parkland and park facilities. The existing level service in terms of the existing facility investment per capita is shown in each corresponding chapter.

2. For fees calculated under the planned facilities methodology, the fees are calculated to ensure that the level of service does not fall to unacceptable levels. The fees calculated under this approach are the circulation system impact fees, sanitary sewer mitigation fees, water facilities mitigation fees, police capital facilities fees and fire capital facilities fees (future growth area).

For the circulation system impact fees all projects included in these fees either met the City’s congestion level of service standards at the time they were added to the impact fee program or a share of project costs representing existing development’s share of project responsibility has been excluded from the fee analysis and will be funded through other sources. Impact fees charged under this program will serve to ensure that the LOS does not fall below LOS C or D depending on the type of facility.

For water and sanitary sewer mitigation fees, the planned facilities were identified through master planning efforts as projects needed to provide adequate service and accommodate increases in water and sewer demand associated with new development.

For police capital facilities fees in the future growth area, there is no existing level of service because the area is not currently occupied. The planned facilities in the future growth area are needed to ensure adequate police response in the area as it develops.

For fire capital facilities fees the future growth area is a new service area and there is no existing level of service because the area is not currently occupied. The planned facilities in the future growth area are needed to ensure fire response in the area as it develops.

3. For the fees calculated under the system standard methodology, the maximum justified fees represent an increase in the facility level of service. The fees calculated under this methodology are the general city facilities fees. The increased level of service is required Packet Pg. 184 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
68 to fund new development’s fair share of facilities identified and approved by the City Council. New development will not fund the entirety of the increase in level of service, rather, it will fund a share of the increased level of service represented by the planned facilities. The City will have to fund existing development’s share of the increase level of service through any other funding source. The general city facilities fee chapter includes a table that shows the existing level of service and future level of service in terms of facility investment per capita.
66016.5. (a) (4) – Review of Original Fee Assumptions
Table 10.1 summarizes a review of the assumptions from the City’s prior 2005 impact fee study.

The table displays the study base year, planning horizon, population growth and current investment equity of the City’s inventory of facilities.

Table 10.1: Review of 2005 Study
Base Year 2005
Planning Horizon Buildout
Assumed Population Growth 4312
Current Investment Equity
Fire Capital Facilities Mitigation Fees $ 5,062,704
Police Capital Facilities Mitigation Fees 2,776,736
General Facilities Impact Mitigation Fees 5,035,031
Public Use Facilities Mitigation Fees 2,188,744
Aquatics Facilities Mitigation Fees 2,100,000
Animal Control Facilities Mitigation Fees 255,720
Parkland and Park Facilities Mitigation Fees 11,785,833 Circulation System Impact Fees 13,585,886
Storm Drainage Facilities Impact Fees 3,469,071
Total $46,259,725
Source: City of Gonzales 2005-06 Development Impact Fee Calculation Report Table 10.2 displays impact fee revenue, by fee category since FY2015. The City has averaged slightly more than $1 million per year in total annual fee revenue.

Packet Pg. 185 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee
Update Study
69 Table 10.2: Historical Fee Revenue
20/21 19/20 18/19 17/18 16/17 15/16 14/15
Total (FY2015
through
FY2021)
Annual Average
(FY2015 through
FY2021)
Parkland and Park Facilities $ - $ - $ - $ - $ - $ - $ 10,082.05 $ 10,082.05 $ 1,440.29 Storm Drainage 31,802.40 - 33,950.00 - - 1,782.00 131.08 67,665.48 9,666.50 Animal Control - - - - - - 172.23 172.23 24.60
Aquatic Facilities - - - - - - 1,357.14 1,357.14 193.88 Public Uses Mitigation Impact Fees - - - - - - 1,693.83 1,693.83 241.98 Public Facility Impact Fund 38,364.80 - 19,110.00 - 23,275.00 2,693.25 2,508.64 85,951.69 12,278.81 Water 36,091.42 462.30 89,175.85 116,437.19 55,396.29 9,437.89 5,429.02 312,429.96 44,632.85 Circulation System 120,647.20 72,884.33 187,480.00 548,201.64 - 47,467.30 3,264.30 979,944.77 139,992.11 Sanitary Sewer 3,084,955.10 2,001,806.63 110,505.54 24,440.65 58,766.47 6,198.70 16,277.41 5,302,950.50 757,564.36 Police Capital Facilities 6,057.60 - 65,510.00 28,232.19 19,715.00 8,545.50 1,186.20 129,246.49 18,463.78 Fire Capital Facilities 20,192.00 108,965.89 8,470.00 49,596.61 24,875.00 11,907.37 2,703.97 226,710.84 32,387.26 Total $ 3,338,110.52 $ 2,184,119.15 $514,201.39 $766,908.28 $182,027.76 $88,032.01 $ 44,805.87 $ 7,118,204.98 $ 1,016,886.43 Source: City of Gonzales.

Packet Pg. 186 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 City of Gonzales Development Impact Fee Update Study
70 66016.5. (a) (6) – Capital Improvement Plan
The Capital Improvement Plan for this nexus study is comprised of the identified planned facilities within each facility fee chapter. Planned facilities identified in this document are sourced from the City’s current adopted CIP. Adoption of this nexus study would approve the planned facilities identified herein as the Capital Improvement Plan for this nexus study.

Packet Pg. 187 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) 71 11. Implementation
Impact Fee Program Adoption Process
Impact fee program adoption procedures are found in the California Government Code section 66016. Adoption of an impact fee program requires the City Council to follow certain procedures including holding a public hearing. Data, such as an impact fee report, must be made available at least 10 days prior to the public hearing. The City’s legal counsel should be consulted for any other procedural requirements as well as advice regarding adoption of an enabling ordinance and/or a resolution. After adoption there is a mandatory 60-day waiting period before the fees go into effect.

Inflation Adjustment
The City can keep its impact fee program up to date by periodically adjusting the fees for inflation.

Such adjustments should be completed regularly to ensure that new development will fully fund its share of needed facilities. We recommend that the California Construction Cost Index (https://www.dgs.ca.gov/RESD/Resources/Page-Content/Real-Estate-Services-DivisionResources-List-Folder/DGS-California-Construction-Cost-Index-CCCI) be used for adjusting fees for inflation. The California Construction Cost Index is based on data from the Engineering News Record and is aggregated and made available for free by the State of California.

The fee amounts can be adjusted based on the change in the index compared to the index in the base year of this study (2021).

While fee updates using inflation indices are appropriate for periodic updates to ensure that fee revenues keep up with increases in the costs of public facilities, the City will also need to conduct more extensive updates of the fee documentation and calculation (such as this study) when significant new data on growth forecasts and/or facility plans become available. Note that decreases in index value will result in decreases to fee amounts.

While fee updates using inflationary indices are appropriate for periodic updates to ensure that fee revenues keep up with increases in the costs of public facilities, the City will also need to conduct more extensive updates of the fee documentation and calculation (such as this study) when significant new data on growth forecasts and/or facility plans become available.

Reporting Requirements
The City will comply with the annual and five-year reporting requirements of the Mitigation Fee Act. For facilities to be funded by a combination of public fees and other revenues, identification of the source and amount of these non-fee revenues is essential. Identification of the timing of receipt of other revenues to fund the facilities is also important.

Table 11.1 summarizes the annual and five-year reporting requirements identified in the Mitigation Fee Act.

Packet Pg. 188 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
72 Table 11.1: Mitigation Fee Act - Annual and Five-year Administrative Requirements CA Gov't Code
Section Timing Reporting Requirements1
Recommended
Fee Adjustment
66001.(d)
The fifth fiscal year following the
first deposit into the account or
fund, and every five years
thereafter
(A) Identify the purpose to which the fee is to be put. (B) Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.
(C) Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements.
(D) Designate the approximate dates on which supplemental funding is expected to be deposited into the appropriate account or fund.

Comprehensive
Update
66006. (b) Within 180 days after the last
day of each fiscal year
(A) A brief description of the type of fee in the account or fund. (B) The amount of the fee.
(C) The beginning and ending balance of the account or fund. (D) The amount of the fees collected and the interest earned. (E) An identification of each public improvement on which fees were expended including share funded by fees.
(F) An identification of an approximate date by which the construction of the public improvement will commence.
(G) A description of any potential interfund transfers. (H) The amount of refunds made (if any).

Inflationary
Adjustment
1 Edited for brevity. Refer to the government code for full description.

Sources: California Government Code §6601 and §6606.

Packet Pg. 189 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 City of Gonzales Development Impact Fee Update Study
73 Programming Revenues and Projects with the CIP
The City should maintain a Capital Improvement Program (CIP) to plan for future infrastructure needs. A CIP identifies costs and phasing for specific capital projects. The use of the CIP in this manner documents a reasonable relationship between new development and the use of those revenues.

The City may decide to alter the scope of the planned projects or to substitute new projects if those new projects continue to represent an expansion of the City’s facilities and provide benefit to new development. If the total cost of facilities varies from the total cost used as a basis for the fees, the City should consider revising the fees accordingly.

Packet Pg. 190 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) 74 12. Mitigation Fee Act Findings
Development impact fees are one-time fees typically paid when a building permit is issued and imposed on development projects by local agencies responsible for regulating land use (cities and counties). To guide the widespread imposition of impact fees the State Legislature adopted the Mitigation Fee Act (the Act) with Assembly Bill 1600 in 1987 and subsequent amendments.

The Act, contained in California Government Code Sections 66000 through 66025, establishes requirements on local agencies for the imposition and administration of fee programs. The Act requires local agencies to document five findings when adopting a fee.

The five statutory findings required for adoption of the development impact fees documented in this report are presented in this chapter and supported in detail by the preceding chapters. All statutory references are to the Act.

Purpose of Fee
▪ Identify the purpose of the fee (§66001(a)(1) of the Act).

Development impact fees are designed to ensure that new development will not burden the existing service population with the cost of facilities required to accommodate growth. The purpose of the fees documented by this report is to provide a funding source from new development for capital improvements to serve that development. The fees advance a legitimate City interest by enabling the City to provide public facilities to new development.

Use of Fee Revenues
▪ Identify the use to which the fees will be put. If the use is financing facilities, the facilities shall be identified. That identification may, but need not, be made by reference to a capital improvement plan as specified in §65403 or §66002, may be made in applicable general or specific plan requirements, or may be made in other public documents that identify the facilities for which the fees are charged (§66001(a)(2) of the Act).

Fees documented in this report, if enacted by the City, would be used to fund expanded facilities to serve new development. Facilities funded by these fees are designated to be located within the City’s sphere of influence. Fees addressed in this report have been identified by the City to be restricted to funding the following facility categories: circulation facilities, wastewater facilities, water facilities, police facilities, fire protection facilities, parks and recreation facilities, and general city facilities.

Benefit Relationship
▪ Determine the reasonable relationship between the fees' use and the type of development project on which the fees are imposed (§66001(a)(3) of the Act).

The City will restrict fee revenue to the acquisition of land, construction of facilities, infrastructure and buildings, and purchase of related equipment, furnishings, vehicles, and services used to serve new development. Facilities funded by the fees are expected to provide a citywide network of facilities accessible to the additional residents and workers associated with new development.

Under the Act, fees are not intended to fund planned facilities needed to correct existing deficiencies. Thus, a reasonable relationship can be shown between the use of fee revenue and the new development residential and non-residential use classifications that will pay the fees.

Packet Pg. 191 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) City of Gonzales Development Impact Fee Update Study
75 Burden Relationship
▪ Determine the reasonable relationship between the need for the public facilities and the types of development on which the fees are imposed (§66001(a)(4) of the Act).

Facilities need is based on a facility standard that represents the demand generated by new development for those facilities. For each facility category, demand is measured by a single facility standard that can be applied across land use types to ensure a reasonable relationship to the type of development. For some facility categories service population standards are calculated based upon the number of residents associated with residential development and the number of workers associated with non-residential development. To calculate a single, per capita standard, one worker is weighted differently than one resident based on an analysis of the relative use demand between residential and non-residential development.

The standards used to identify growth needs are also used to determine if planned facilities will partially serve the existing service population by correcting existing deficiencies. This approach ensures that new development will only be responsible for its fair share of planned facilities, and that the fees will not unfairly burden new development with the cost of facilities associated with serving the existing service population.

Chapter 2, Growth Forecasts provides a description of how service population and growth forecasts are calculated. Facility standards are described in the Facility Standard sections of each facility category chapter.

Proportionality
▪ Determine how there is a reasonable relationship between the fees amount and the cost of the facilities or portion of the facilities attributable to the development on which the fee is imposed (§66001(b) of the Act).

The reasonable relationship between each facilities fee for a specific new development project and the cost of the facilities attributable to that project is based on the estimated new development growth the project will accommodate. Fees for a specific project are based on the project’s size. Larger new development projects can result in a higher service population resulting in higher fee revenue than smaller projects in the same land use classification. Thus, the fees ensure a reasonable relationship between a specific new development project and the cost of the facilities attributable to that project.

See Chapter 2, Growth Forecasts, or the Service Population sections in each facility category chapter for a description of how service populations or other factors are determined for different types of land uses. See the Fee Schedule section of each facility category chapter for a presentation of the maximum justified facilities fees.

Packet Pg. 192 Attachment: Exhibit A to Resolution No. 2022-32 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) ORDINANCE NO. 2022-133

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GONZALES AMENDING CHAPTER 1.48- “IMPACT MITIGATION FEES” OF THE GONZALES

CITY CODE
WHEREAS, the City has adopted a comprehensive schedule of “impact fees” set forth in Chapter 1.48 of the Gonzales City Code, applicable to new residential, commercial and industrial development, whose purpose is to offset the costs of constructing new or upgrading and expanding existing public facilities necessary to serve such development; and WHEREAS, the City contracted with Willdan Financial Services (“Willdan”), to prepare a “Development Impact Fee Nexus Study Update” (“Nexus Study”) for the City of Gonzales, containing an analysis of public facilities and improvements generally identified in the Gonzales General Plan, City of Gonzales Sphere of Influence Circulation Study Transportation Impact Analysis, Land Use, City of Gonzales Existing City Plus Sphere of Influence Wastewater Master Plan, and City of Gonzales Existing City Plus Sphere Of Influence Water Master Plan, and the need to adjust existing, and in some cases, create new impact fees; and WHEREAS, the Nexus Study was prepared, submitted for review and accepted by the City Council by Resolution 2022-32 on June 6, 2022; and WHEREAS, the City has determined that the proposed amendments are based on the construction of public facilities and/or improvements generally discussed in the City of Gonzales Sphere of Influence Circulation Study Transportation Impact Analysis, Land Use, City of Gonzales Existing City Plus Sphere of Influence Wastewater Master Plan, and City of Gonzales Existing City Plus Sphere Of Influence Water Master Plan, and moreover that specific improvement projects will require environmental analysis on a project-by-project basis, and that as such, the proposed Code Amendment does not require further analysis pursuant to the California Environmental Quality Act (“CEQA”); and
WHEREAS, the City is also of the opinion that a number of the impact fees set forth in the proposed Code Amendment have been established for the purpose of obtaining funds for capital projects necessary to maintain increased service demands within the City’s existing service area, and as such, are exempt from CEQA review pursuant to CEQA Guidelines Section 15273 (a) (4);
WHEREAS, the proposed amendment to the City of Gonzales Development Impact Fees Ordinance is not subject to environmental review per California Code of Regulations 14 CCR section 15378(b)(4) because numerous actions must be taken pursuant to State and local laws and regulations before such policies can be implemented; such actions may include, without limitation, the need to complete financial nexus studies, conduct environmental review and consider individual projects in light of such project-level environmental review, the need to hold public hearings and/or otherwise seek public input before reaching binding decisions, and the Packet Pg. 193 Attachment: Ordinance No. 2022-133 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) need to obtain approvals from other agencies such as the Local Agency Formation Commission of Monterey County (LAFCO);
WHEREAS, in considering the proposed Code Amendment, the City Council has complied with Government Code Section 65913.2 by considering the effect of the Amendment on housing needs in the region and has determined that the proposed Amendment is in keeping with the goals and programs of the City’s General Plan which provide due and adequate consideration of the City’s housing needs; and
WHEREAS, a public hearing on the proposed Code Amendment was noticed by publication in a newspaper of local circulation in accordance with applicable law.

NOW THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of Gonzales as follows:

Section 1. All of the recitals set forth above are true and correct to the best of the Council’s knowledge, and by this reference, are incorporated herein as findings.

Section 2. Chapter 1.48- Impact Mitigation Fees, of the Gonzales City Code is hereby amended as follows:

CHAPTER 1.48

IMPACT MITIGATION FEES
SECTION:

1.48.010: Title

1.48.020: Purpose

1.48.030: Time of Payment

1.48.040: Effective Date

1.48.050: Police Capital Facilities Mitigation Fees

1.48.060: Fire Capital Facilities Mitigation Fees

1.48.070: Water Facilities Mitigation Fees

1.48.080: Sanitary Sewer Facilities Mitigation Fees

1.48.090: Public FacilitiesCirculation System Impact Mitigation Fees

1.48.100: Circulation System Impact Mitigation Fees

1.48.110: Storm Drainage Facilities Impact Mitigation Fees

1.48.120: Pubic Use Facilities Impact Mitigation Fees

1.48.130: Aquatics Facilities Impact Mitigation Fees

1.48.140: Animal Control Facilities Impact Mitigation Fees

1.48.150: Parkland and Park Facilities Impact Mitigation Fees

1.48.110: General City Facilities Impact Mitigation Fees

1.48.010: TITLE: This chapter shall be known and may be cited as the IMPACT MITIGATION FEE ORDINANCE. (1972 Code § 18.02.010)
Packet Pg. 194 Attachment: Ordinance No. 2022-133 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study)

1.48.020: PURPOSE:

A. The purpose of this chapter is to impose impact mitigation fees on new residential, commercial, industrial and other developments in the city in order to offset the costs of upgrading and expanding public facilities and public services necessitated by such developments. (1972 Code § 18.02.020)
B. General Use Guidelines
In addition to any use identified in a specific section of this chapter, revenues raised by payment of identified impact mitigation fees may be used within the category of facilities for which they were established for the following purposes:

1. To pay for the design, engineering, right of way acquisition and construction of designated facilities and improvements and reasonable costs of outside consultant studies related thereto; and

2. To reimburse the city for designated improvements constructed with city funds from other sources, together with accrued interest; and

3. To reimburse developers who have designed and constructed designated improvements which are oversized with supplemental size, length or capacity; and

4. To pay for and/or reimburse costs of program development and ongoing administration of the involved impact mitigation fee program.

1.48.030: TIME OF PAYMENT: Fees imposed by this chapter shall be due and payable on the date of final inspection of the development, or on the date the certificate of occupancy for the same is issued, whichever occurs later. (1972 Code § 18.02.030)

1.48.040: EFFECTIVE DATE: Fees or charges imposed pursuant to this chapter upon singlefamily or multi-family residential "development projects", as defined in California Government Code section 65928, shall be effective no sooner than sixty (60) days following the final action on the adoption of the fee or charge, or increase in the fee or charge. (1972 Code § 18.02.040)

1.48.050: POLICE CAPITAL FACILITIES MITIGATION FEES:

A. Findings: The city council finds, based upon the studies, analyses and projections contained in the general plan, upon the content of the City of Gonzales Master Facilities Plan and Development Impact Fee Calculation & Nexus Report for the City of Gonzales, CaliforniaStudy Update, prepared by Revenue & Cost Specialists, LLCWilldan Financial Services, in 20062022, and upon other relevant evidence received and considered by it, that the development of new residential, commercial, industrial and other projects in the city will cause the city to incur substantial capital costs for the construction and acquisition of municipal police capital facilities and equipment, and that the imposition of impact mitigation fees, in the amounts specified in subsection B of this section, is necessary in order to offset such costs. (1972 Code § 18.04.010) Packet Pg. 195 Attachment: Ordinance No. 2022-133 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) B. Fee Imposed: Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential, commercial and industrial development and the need to construct new or expand existing police facilities and acquire related vehicles and equipment, and the estimated capital costs of constructing and/or acquiring the same, a police facilities mitigation fee is imposed upon each new residential, commercial and industrial development in the city and future growth area according to the following schedule:

DetachedExisting City Fee Zone
Single Family Dwelling Unit $923 $292 per unit.

AttachedMultifamily Dwelling Unit $979 $236 per unit.

Mobile Home Dwelling Unit $979 per unit.

Mixed Use/Commercial Lodging Units $575 per unit.

Commercial/Office Uses $3.189 $0.039 per square foot.

Industrial/Manufacturing Uses $0.162021 per square foot.

Future Growth Area
Single Family Dwelling Unit $951 per unit.

Multifamily Dwelling Unit $770 per unit.

Mixed Use/Commercial Uses $0.128 per square foot.

Industrial/Manufacturing Uses $0.070 per square foot.

The amount of the fees may hereafter be fixed by resolution of the city council in accordance with the process established in applicable provisions of the California Government Code, taking into account the matters set forth in subsection A and any other relevant evidence.

C. Annual Adjustment Of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection A of this section, the fees established in subsection B shall be adjusted every year on July 1, commencing July 1, 20072023, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record. (1972 Code § 18.04.025) D. Exceptions; Waiver, Credit: Notwithstanding the provisions of subsection B of this section, the police capital facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the construction or acquisition of police capital facilities to meet needs created by the new development. Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced. (1972 Code § 18.04.030)
Packet Pg. 196 Attachment: Ordinance No. 2022-133 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in a special fundfunds by fee zone which isare hereby created and established for such purpose, to be known and designated as the "existing city police capital facilities fee fund" and the “future growth area police capital facilities fee fund".”, respectively.

Monies deposited in such fundfunds shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said fundfunds, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of police capital facilities as made necessary by new residential, commercial, industrial and other developments in the city.each fee zone. The term "capital facilities" as used herein includes land, buildings and other improvements to land, and capital items of police equipment, including vehicles. (1972 Code § 18.04.040)

1.48.060: FIRE CAPITAL FACILITIES MITIGATION FEES:

A. Findings: The city council finds, based upon the studies, analyses and projections contained in the general plan, upon the content of the City of Gonzales Master Facilities Plan and Development Impact Fee Calculation & Nexus Report for the City of Gonzales, CaliforniaStudy Update, prepared by Revenue & Cost Specialists, LLCWilldan Financial Services, in 20062022, and upon other relevant evidence received and considered by it, that the development of new residential, commercial, industrial and other projects in the city will cause the city to incur substantial capital costs for the construction and acquisition of municipal fire capital facilities, vehicles and equipment, and that the imposition of impact mitigation fees, in the amounts specified in subsection B of this section, is necessary in order to offset such costs. (1972 Code § 18.06.010) B. Fee Imposed: Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential, commercial and industrial development and the need to construct new or expand existing fire facilities and acquire related vehicles and equipment, and the estimated capital costs of constructing and/or acquiring the same, a fire facilities mitigation fee is imposed upon each new residential, commercial and industrial development in the city and future growth area according to the following scheduleschedules:

DetachedExisting City Fee Zone
Single Family Dwelling Unit $2,141493 per unit.

AttachedMultifamily Dwelling Unit $1,181 $2,019 per unit.

Mobile Home Dwelling $2,104 per unit.

Mixed Use/Commercial Lodging Units $ 964 per unit.

Commercial/Office Uses $2.952 $0.658 per square foot.

Industrial/Manufacturing Uses $0.532362 per square foot.

Future Growth Area
Single Family Dwelling Unit $1,225 per unit.

Multifamily Dwelling Unit $991 per unit.

Mixed Use/Commercial Uses $0.322 per square foot.

Packet Pg. 197 Attachment: Ordinance No. 2022-133 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) Industrial/Manufacturing Uses $0.177 per square foot.

The amount of the fees may hereafter be fixed by resolution of the city council in accordance with the process established in applicable provisions of the California Government Code, taking into account the matters set forth in subsection A and any other relevant evidence.

C. Annual Adjustment Of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection A of this section, the fees established in subsection B shall be adjusted every year on July 1, commencing July 1, 20072023, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record. (1972 Code § 18.06.025) D. Exceptions; Waiver, Credit: Notwithstanding the provisions of subsection B of this section, the fire capital facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the construction or acquisition of fire capital facilities to meet needs created by the new development. Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced. (1972 Code § 18.06.030)
E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in a special fundfunds by fee zone which isare hereby created and established for such purpose, to be known and designated as the "fireexisting city police capital facilities fee fund" and the “future growth area police capital facilities fee fund".”, respectively.

Monies deposited in such fundfunds shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said fundfunds, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of fire capital facilities as made necessary by new residential, commercial, industrial and other developments in the city.each fee zone.

The term "capital facilities" as used herein includes land, buildings and other improvements to land, and capital items of fire equipment, including vehicles. (1972 Code § 18.06.040)

1.48.070: WATER FACILITIES MITIGATION FEES:

A. Findings: The city council finds, based upon the studies, analyses and projections contained in the general plan, the August 2001 City of Gonzales Water and Sewer Impact Fee Report and the 2006 Amendment Memorandum thereto, prepared by Creegan + D/Angelo, the City of Gonzales Master Facilities Plan And Development Impact Fee Calculation & Nexus Report for the City of Gonzales, California, prepared by Revenue & Packet Pg. 198 Attachment: Ordinance No. 2022-133 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) Cost Specialists, LLC, in 2006, the December 2005 San Francisco ENR Construction IndexStudy Update, prepared by Willdan Financial Services, in 2022, and upon other relevant evidence received and considered by it, that the development of new residential, commercial, industrial and other projects in the city and future growth area will cause the city to incur substantial capital costs for the upgrading and expansion of the municipal water system and facilities, the facts and evidence presented establish that there is a reasonable relationship between the need for the upgrading and expansion of such facilities and the impacts thereon caused by the new developments referred to above, and the cost estimates contained in documents and studies referred to above represent the reasonable costs expected to be incurred for the upgrading and expansion of said facilities, and the fees expected to be generated by new development will not exceed the total of those costs. (1972 Code § 18.08.010)
B.B. Fee Imposed:

1. Pursuant to the findings contained in subsection A of this section, and the documents referenced therein, a water facilities mitigation fee is imposed upon each new residential, commercial, industrial and other development in the city and future growth area, according to the following scheduleschedules:

Detached
Existing City Fee Zone
Single Family Dwelling Unit $2,682.20 $12,944
per unit.

Attached Multifamily Dwelling Unit $2,574.91$10,485 per unit.

Mobile Home Dwelling Unit $2,574.91
Remodels $134.11 per fixture unit
Mixed Use/Commercial, Industrial,
Public Facilities, Schools
and Agri-Business $2,682.20 (Or the greater charge of total fixture units x $134.11/ FU or $0.58 Uses
$5.954 per square foot of building
coverage.).

PLUS A fee based on the
diameter of the service line(s) for said
facilities in accordance with the
following schedule:

Service Line Diameter Fee in Inches
1 $0

1.5 $ 2,821
2 $ 6,771

2.5 $ 11,849
3 $ 18,056
4 $ 33,855
6 $ 78,995
Packet Pg. 199 Attachment: Ordinance No. 2022-133 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) 8 $142,191
Fire Protection Fee (For
all uses other than residential) $5,191.00 per parcel acre.

2. In computing fees hereunder, "fixture unit equivalents" as defined in the uniform plumbing code (UPC), latest edition adopted and in effect in the city, shall be used. (Ord. 2001-11, 10-1-2001)
3Industrial/Manufacturing Uses $2.977 per square foot.

Future Growth Area
Single Family Dwelling Unit $2,403 per unit.

Multifamily Dwelling Unit $1,946 per unit.

Mixed Use/Commercial Uses $1.106 per square foot.

Industrial/Manufacturing Uses $0.553 per square foot.

2. The amount of fees may hereafter be fixed by resolution of the city council in accordance with the process established in applicable provisions of the California Government Code, taking into account the matters set forth in subsection A and any other relevant evidence.

C. Annual Adjustment Of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analysis of those matters set forth in subsection A of this section, the fees prescribed in subsection B of this section shall be adjusted every year on July 1, commencing July 1, 20072023, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record. (1972 Code § 18.08.030) D. Exception, Waiver: Notwithstanding the provisions of subsection B of this section, the water facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a subdivision improvements agreement, development agreement, or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of work done or to be done by the developer on water system facilities located outside of the subject subdivision or other development. Said water facilities mitigation fee may also be waived, in whole or in part, as to a particular development where the city council finds, by resolution, that it would be equitable to do so in order to compensate for water system facilities installed by the developer outside of the subject development at a time prior to the effective date hereof where such installation was done without a written contract but at the request of the city, or with its approval. (1972 Code §

18.08.040)
E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in a special fundfunds by fee zone which isare hereby created and established for such purpose and which shall be known as the "existing city water facilities fee fund" and "future growth area water facilities fee fund".", respectively. Monies deposited in said fundfunds Packet Pg. 200 Attachment: Ordinance No. 2022-133 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) shall be used exclusively for the acquisition of land and easements and the design and construction of additions to and improvements in the municipal water system and facilities made necessary by the development of new residential, commercial, industrial and other projects in the city.each fee zone. (1972 Code § 18.08.050)

1.48.080: SANITARY SEWER FACILITIES MITIGATION FEES:

A. Findings: The city council finds, based upon the studies, analyses and projections contained in the general plan, upon the contents of the August 2001 City of Gonzales Water and Sewer Impact Fee Report and the 2006 Amendment Memorandum thereto, prepared by Creegan + D’Angelo, the content of the City of Gonzales Master Facilities Plan and Development Impact Fee Calculation & Nexus Report for the City of Gonzales, California, prepared by Revenue & Cost Specialists, LLC, in 2006, the December 2005 San Francisco ENR Construction IndexA. Findings: The city council finds, based upon the studies, analyses and projections contained in the general plan, upon the content of the City of Gonzales Development Impact Fee Nexus Study Update, prepared by Willdan Financial Services, in 2022, and upon other relevant evidence received and considered by it that the development of new residential, commercial, industrial and other projects in the city and future growth area will cause the city to incur substantial capital costs for the upgrading and expansion of the municipal sanitary sewer system and facilities, the facts and evidence presented establish that there is a reasonable relationship between the need for the upgrading and expansion of such facilities and the impacts thereon caused by the new developments referred to above, and the cost estimates contained in the studies and documents referred to above represent the reasonable costs expected to be incurred for the upgrading and expansion of said facilities, and the fees expected to be generated by new development will not exceed the total of those costs. (1972 Code § 18.10.010) B. Fee Imposed:

1. 1. Pursuant to the findings contained in subsection A of this section, and the documents referenced therein, a sanitary sewer mitigation fee is imposed upon each new residential, commercial, industrial and other development in the city and future growth area, according to the following scheduleschedules:

DetachedExisting City Fee Zone
Single Family Dwelling Unit $8,726.61 $6,821 per unit.

Attached Multifamily Dwelling Unit $8,377.20
Mobile Home Dwelling Unit $8,377.20
Remodels $ 436.75 per fixture unit
Commercial, Industrial, $8,726.61
(Or the greater charge of total fixture
units x $378.48 or $2.18$5,524 per square foot unit.
of building coverage.)
PLUS
an amount based on wastewater flow
Packet Pg. 201 Attachment: Ordinance No. 2022-133 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) and loading using the following
formula:

N = A [ V + D + S + O – 4]
300 750 310 265
Where:

N = The amount to be paid, in addition to the fee based on fixture units or building square footage. If N is negative, then no additional fee will be charged.

A = Current impact fee charged for a single-family residence.

V = Estimated maximum peak daily flow in gallons Nonresidential Uses $29.53 per day. Assumes 300 gallonsgallon
per day wastewaterof assumed sewer
discharge
Future Growth Area
Single Family Dwelling Unit $10.355 per single-family residenceunit.

D = Estimated average concentration of total dissolved solids (TDS) for the customer expressed in milligrams per liter. Assumes 750 mg/L average for a single family residence.

S = Estimated average suspended solids (SS) for the customer expressed in mg/L.

Assumes 310 mg/l average for single-family residence.

O = Estimated average biochemical oxygen demand (BOD) for the customer expressed in mg/L. Assumes 265 mg/l average for single family residence.

2. In computing fees hereunder, "fixture unit equivalents" as defined in the uniform plumbing code (UPC), latest edition adopted and in effect in the city, shall be used. (Ord. 2001-12, 10-1-2001)
3 Multifamily Dwelling Unit $8,387 per unit.

Nonresidential Uses $44.83 per gallon per day of assumed sewer discharge

2. The amount of the fees may hereafter be fixed by resolution of the city council in accordance with the process established in the provisions of the California Government Code, taking into account the matters set forth in subsection A and any other relevant evidence.

C. Annual Adjustment Of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection A of this section, the fees prescribed in subsection B of this section shall be adjusted every year on July 1, commencing July 1, 20072023, to reflect the annual percentage change in the Packet Pg. 202 Attachment: Ordinance No. 2022-133 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record. (1972 Code § 18.10.030) D. Exception, Waiver: Notwithstanding the provisions of subsection B of this section, the sanitary sewer facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a subdivision improvements agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of work done or to be done by the developer on sanitary sewer system facilities located outside of the subject subdivision or other development. Said sanitary sewer facilities mitigation fee may also be waived, in whole or in part, as to a particular development where the city council finds, by resolution, that it would be equitable to do so in order to compensate for sanitary sewer system facilities installed by the developer outside of the subject development at a time prior to the effective date hereof where such installation was done without a written contract but at the request of the city, or with its approval. (1972 Code § 18.10.040; amd. 2003 Code)
E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in a special fundfunds by fee zone which isare hereby created and established for such purpose and which shall be known as the "sanitaryexisting city sewer facilities fee fund" and "future growth area sewer facilities fee fund".", respectively. Monies deposited in said fundfunds shall be used exclusively for the acquisition of land and easements and the design and construction of additions to and improvements in the municipal sanitary sewer system and facilities made necessary by the development of new residential, commercial, industrial and other projects in the city.each fee zone. (1972 Code § 18.10.050)

1.48.090: PUBLIC FACILITIESCIRCULATION SYSTEM IMPACT MITIGATION FEES:

A. Purpose: The city council finds, based upon the studies, analyses and projections contained in the general plan, upon the content of the City of Gonzales Master Facilities Plan and Development Impact Fee Calculation & Nexus Report for the City of Gonzales, California, prepared by Revenue & Cost Specialists, LLC, in 2006, and upon other relevant evidence received and considered by it, that the development of new residential, commercial lodging, and business projects in the city will cause the city to incur substantial capital costs for the construction and acquisition of public capital facilities, vehicles and equipment, and that the imposition of impact mitigation fees, in the amounts specified in subsection B of this section, is necessary in order to offset such costs.

C. Fee Established:

Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential, commercial lodging and business development and the need to construct new or expand existing public facilities and acquire related vehicles and equipment, and the estimated capital costs of constructing and/or acquiring the same, a public facilities mitigation fee is imposed upon each new residential, Packet Pg. 203 Attachment: Ordinance No. 2022-133 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) commercial lodging and business development in the city according to the following schedule:

Residential Dwelling Unit (all types) $1,952 per unit.

Commercial Lodging Units $ 431 per unit.

Business Uses $1.006 per square foot.

The amount of the fees may hereafter be fixed by resolution of the city council in accordance with the process established in the provisions of the California Government Code, taking into account the matters set forth in subsection A and any other relevant evidence.

C. Annual Adjustment Of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection A of this section, the fees established in subsection B shall be adjusted every year on July 1, commencing July 1, 2007, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record.

D. Exceptions; Waiver, Credit: Notwithstanding the provisions of subsection B of this section, the public capital facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the construction or acquisition of public capital facilities to meet needs created by the new development. Development Impact Fee Nexus Study Update, prepared by Willdan Financial Services, in 2022Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in a special fund which is hereby created and established for such purpose, to be known and designated as the "public capital facilities fee fund". Monies deposited in such fund shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said fund, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of public capital facilities as made necessary by new residential, commercial lodging, and business developments in the city. The term "capital facilities" as used herein includes land, buildings and other improvements to land, and capital items of public facilities equipment, including vehicles.

1.48.100: CIRCULATION SYSTEM IMPACT MITIGATION FEES:

A. Purpose: The city council finds, based upon the studies, analyses and projections contained in the general plan, upon the content of the City of Gonzales Master Facilities Packet Pg. 204 Attachment: Ordinance No. 2022-133 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) Plan and Development Impact Fee Calculation & Nexus Report for the City of Gonzales, California, prepared by Revenue & Cost Specialists, LLC, in 2006, and upon other relevant evidence received and considered by it, that the development of new residential, commercial, business and other projects in the city will cause the city to incur substantial capital costs for the construction and acquisition of circulation system capital facilities, and that the imposition of impact mitigation fees, in the amounts specified in subsection B of this section, is necessary in order to offset such costs.

B. Fee Established:

Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential, commercial lodging and business development and the need to construct new or expand existing circulation system facilities, such as but not limited to streets, traffic signals and bridges, and the estimated capital costs of constructing and/or acquiring the same, a circulation system facilities mitigation fee is imposed upon each new residential, commercial and industrial development in the city according to the following schedule:

DetachedExisting City Fee Zone
Single Family Dwelling Units $4,857Unit $815 per unit.

Attached Multifamily Dwelling Units $3,243Unit $546 per unit.

Mobile Home Units $2,540 per unit.

Mixed Use/Commercial Lodging Units $2,562 per unit.

Commercial Office Uses $4.5622.265 per square foot.

Industrial/Manufacturing Uses $3.172$0.676 per square foot.

Future Growth Area
Single Family Dwelling Unit $14,924 per unit.

Multifamily Dwelling Unit $9,999 per unit.

Mixed Use/Commercial Uses $41.487 per square foot.

Industrial/Manufacturing Uses $12.387 per square foot.

Gonzales Agricultural Business Industrial Park
Industrial/Manufacturing Uses $3.628 per square foot.

The amount of the fees may hereafter be fixed by resolution of the city council in accordance with the process established in the provisions of the California Government Code, taking into account the matters set forth in subsection A and any other relevant evidence.

C. Annual Adjustment Of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection A of this section, the fees established in subsection B shall be adjusted every year on July 1, commencing July 1, 20072023, to reflect the annual percentage change in the construction Packet Pg. 205 Attachment: Ordinance No. 2022-133 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record.

D. Exceptions; Waiver, Credit: Notwithstanding the provisions of subsection B of this section, the circulation system capital facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the construction or acquisition of circulation system capital facilities to meet needs created by the new development. Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in a special fundfunds by fee zone which isare hereby created and established for such purpose, to and which shall be known and designated as the "existing city circulation system capital facilities fee fund,” the "future growth area circulation system facilities fee fund". Monies deposited in such fund shall not be commingled with the general fund or other revenues of ,” and the city, with the exception of short term investments.“Gonzales Agricultural Business Industrial Park circulation system facilities fee fund,” respectively. Monies deposited in said fund, and all interest accruing thereon,funds shall be used exclusively for the purchase, acquisition or of land and easements and the design and construction of additions to and improvements in the municipal circulation system capitaland facilities as made necessary by the development of new residential, commercial lodging, and business developments in the city. The term "capital facilities" as used herein includes land, industrial and other improvements to land, and capital items of circulation facilities equipment. projects in each fee zone

1.48.110: STORM DRAIN100: PARKLAND AND PARK FACILITIES IMPACT MITIGATION FEES:

A. Purpose Findings: The city council finds, based upon the studies, analyses and projections contained in the general plan, upon the content of the City of Gonzales Master Facilities Plan and Development Impact Fee Calculation & Nexus Report for the City of Gonzales, CaliforniaStudy Update, prepared by Revenue & Cost Specialists, LLCWilldan Financial Services, in 2006, and upon other relevant evidence received and considered by it, that the development of new residential, commercial, industrial and other projects in the city will cause the city to incur substantial capital costs for the construction and acquisition of storm drain capital facilities, and that the imposition of impact mitigation fees, in the amounts specified in subsection B of this section, is necessary in order to offset such costs.

B. Fee Established
Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential, commercial and business development and the need to construct new or expand existing storm drainage system facilities, and the estimated capital costs of constructing and/or acquiring the same, a storm drain facilities mitigation fee is imposed upon each new residential, commercial and industrial development in the city according to the following schedule:

Packet Pg. 206 Attachment: Ordinance No. 2022-133 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) Detached Dwelling Units $1,515 per unit.

Attached Dwelling Units $ 538 per unit.

Mobile Home Units $ 102 per unit.

Commercial Lodging Units $ 333 per unit.

Commercial Office Uses $0.670 per square foot.

Industrial Uses $0.834 per square foot.

The amount of the fees may hereafter be fixed by resolution of the city council in accordance with the process established in applicable provisions of the California Government Code, taking into account the matters set forth in subsection A and any other relevant evidence.

C. Annual Adjustment Of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection A of this section, the fees established in subsection B shall be adjusted every year on July 1, commencing July 1, 2007, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record.

D. Exceptions; Waiver, Credit: Notwithstanding the provisions of subsection B of this section, the storm drain capital facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the construction or acquisition of storm drain capital facilities to meet needs created by the new development. Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in a special fund which is hereby created and established for such purpose, to be known and designated as the "storm drain capital facilities fee fund". Monies deposited in such fund shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said fund, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of storm drain capital facilities as made necessary by new residential, commercial, and business developments in the city. The term "capital facilities" as used herein includes land and other improvements to land, and capital items of storm drain facilities equipment.

1.48.120: PUBLIC USE FACILITIES MITIGATION FEES:

A. Findings: The city council finds, based upon the studies, analyses and projections contained in the general plan, upon the content of the City of Gonzales Master Facilities Plan and Development Impact Fee Calculation & Nexus Report for the City of Gonzales, Packet Pg. 207 Attachment: Ordinance No. 2022-133 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) California, prepared by Revenue & Cost Specialists, LLC, in 20062022, and upon other relevant evidence received and considered by it, that the development of new residential projects in the city will cause the city to incur substantial capital costs for the construction, expansion and/or acquisition of public use facilities (senior/community room, council chambers, multi-purpose room/day care facility), that the available facts and evidence establish that there is a reasonable relationship between the need for the expansion or construction of new public facilities and the impacts thereon caused by the new development referenced above, and that the imposition of impact mitigation fees, in the amounts specified in subsection B of this section, is reasonable and necessary in order to offset identified estimated costs.

Packet Pg. 208 Attachment: Ordinance No. 2022-133 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) B. Fee Imposed: Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential development and the need to expand or construct new public facilities and the estimated capital costs of constructing the same, a public use facilities mitigation fee is imposed upon each new residential development in the city according to the following schedule:

Detached Dwelling Unit $1,318 per unit.

Attached Dwelling Unit $1,629 per unit.

Mobile Home Dwelling Unit $1,722 per unit.

The amount of the fee may hereafter be fixed by resolution of the city council in accordance with the process established in applicable provisions of the California Government Code, taking into account the matters set forth in subsection A and any other relevant evidence.

C. Annual Adjustment Of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection A of this section, the fees established in subsection B shall be adjusted every year on July 1, commencing July 1, 2007, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record.

D. Exceptions; Waiver, Credit: Notwithstanding the provisions of subsection B of this section, the public use facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the construction or acquisition of public use facilities to meet needs created by the new development. Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in a special fund which is hereby created and established for such purpose, to be known and designated as the "public use facilities fee fund".acquisition of Monies deposited in such fund shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said fund, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of public use capital facilities as made necessary by new residential development in the city. The term "capital facilities" as used herein includes land, buildings and other improvements to land, and capital items related thereto.

1.48.130: AQUATICS FACILITIES MITIGATION FEES:

Packet Pg. 209 Attachment: Ordinance No. 2022-133 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) A. Findings: The city council finds, based upon the studies, analyses and projections contained in the general plan, upon the content of the City of Gonzales Master Facilities Plan and Development Impact Fee Calculation & Nexus Report for the City of Gonzales, California, prepared by Revenue & Cost Specialists, LLC, in 2006, and upon other relevant evidence received and considered by it, that the development of new residential projects in the city will cause the city to incur substantial capital costs for the construction and expansion of aquatics facilities and equipment, that the available facts and evidence establish that there is a reasonable relationship between the need for the construction or expansion of new aquatic facilities and the impacts caused thereon by the new development referenced above, and that the imposition of impact mitigation fees, in the amounts specified in subsection B of this section, is reasonable and necessary in order to offset such costs.

B. Fee Imposed: Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential development and the need to expand or construct new aquatics facilities and the estimated capital costs of constructing the same, an aquatics facilities mitigation fee is imposed upon each new residential development in the city according to the following schedule:

Detached Dwelling Unit $1,056 per unit.

Attached Dwelling Unit $1,305 per unit.

Mobile Home Dwelling Unit $1,379 per unit.

The amount of the fee may hereafter be fixed by resolution of the city council in accordance with the process established in applicable provisions of the California Government Code, taking into consideration the matters set forth in subsection A and any other relevant evidence.

C. Annual Adjustment Of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection A of this section, the fees established by the procedure set forth in said subsection B shall be adjusted every year on July 1, commencing July 1, 2007, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record.

D. Exceptions; Waiver, Credit: Notwithstanding the provisions of subsection B of this section, the aquatics facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the construction or expansion of aquatic facilities to meet needs created by the new development. Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

Packet Pg. 210 Attachment: Ordinance No. 2022-133 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in a special fund which is hereby created and established for such purpose, to be known and designated as the "aquatics facilities fee fund". Monies deposited in such fund shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said fund, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of aquatic capital facilities as made necessary by new residential developments in the city. The term "capital facilities" as used herein includes land, buildings and other improvements to land, and capital items related thereto.

1.48.140: ANIMAL CONTROL FACILITIES MITIGATION FEES:

A. Findings: The city council finds, based upon the studies, analyses and projections contained in the general plan, upon the content of the City of Gonzales Master Facilities Plan and Development Impact Fee Calculation & Nexus Report for the City of Gonzales, California, prepared by Revenue & Cost Specialists, LLC, in 2006, and upon other relevant evidence received and considered by it, that the development of new residential projects in the city will cause the city to incur substantial capital costs for the expansion of the city’s animal control facilities and acquisition of related equipment and vehicles, that the available facts and evidence establish that there is a reasonable relationship between the need for the expansion of animal control facilities and the acquisition of related equipment facilities and vehicles and the impacts caused thereon by the new development referenced above, and that the imposition of impact mitigation fees, in the amounts specified in subsection B of this section, is reasonable and necessary in order to offset such costs.

B. Fee Imposed: Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential development and the need to expand new animal control facilities and the estimated capital costs of constructing the same, an animal control facilities mitigation fee is imposed upon each new residential development in the city according to the following schedule:

Detached Dwelling Unit $132 per unit.

Attached Dwelling Unit $132 per unit.

Mobile Home Dwelling Unit $132 per unit.

The amount of the fee may hereafter be fixed by resolution of the city council in accordance with the process established in applicable provisions of the California Government Code taking into consideration the matters set forth in subsection A and any other relevant evidence.

C. Annual Adjustment Of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection A of this section, the fees established by the procedure set forth in said subsection B shall be adjusted every year on July 1, commencing July 1, 2007, to reflect the annual Packet Pg. 211 Attachment: Ordinance No. 2022-133 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record.

D. Exceptions; Waiver, Credit: Notwithstanding the provisions of subsection B of this section, the animal control facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the expansion of animal control facilities or the acquisition of related equipment and vehicles to meet needs created by the new development. Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in a special fund which is hereby created and established for such purpose, to be known and designated as the "animal control facilities fee fund". Monies deposited in such fund shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said fund, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of animal control capital facilities as made necessary by new residential developments in the city. The term "capital facilities" as used herein includes land, buildings and other improvements to land, and capital items related thereto.

1.48.140: PARKLAND AND PARK FACILITIES MITIGATION FEES:

A. Findings: The city council finds, based upon the studies, analyses and projections contained in the general plan, upon the content of the City of Gonzales Master Facilities Plan and Development Impact Fee Calculation & Nexus Report for the City of Gonzales, California, prepared by Revenue & Cost Specialists, LLC, in 2006, and upon other relevant evidence received and considered by it, that the development of new residential projects in the city will cause the city to incur substantial capital costs for the acquisition f parkland facilities and equipment, and that the imposition of impact mitigation fees, in the amounts specified in subsection B of this section, is necessary in order to offset such costs.

B. Fee Imposed: Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential development and the need to acquire parkland and expand park facilities and the estimated capital costs of constructing the same, a parkland and park facilities construction mitigation fee is imposed upon each new residential development in the city according to the following schedule:

Parkland and Open Space
Land Acquisition Fee (In-Lieu Fee)
Packet Pg. 212 Attachment: Ordinance No. 2022-133 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) In those cases where land dedication for park land and for open space isFor development not required by the City, in-lieu occurring in subdivisions parkland acquisition impact fees shall be paid as follows:

Detached DwellingSingle Family Unit $3,776 $1,936 per
unit.

Attached DwellingMultifamily Unit $4,668$1,568 per unit.

Mobile Home Dwelling
For development occurring in subdivisions fees in-lieu of parkland acquisition shall be paid as follows:

Single Family Unit $4,934$2,570 per unit.

Multifamily Unit $2,081 per unit
Park Construction Fee:

The Park Construction Fee will be charged to all residential developments, regardless of whether park land has been dedicated or a land acquisition in-lieu fee has been paid:

Detached DwellingSingle Family Unit $4,6827,240 per unit.

Attached DwellingMultifamily Unit $5,788861 per unit.

Mobile Home Dwelling Unit $6,118 per unit.

The amount of the fee may hereafter be fixed by resolution of the city council in accordance with the process established in the provisions of the California Government Code, taking into consideration the matters set forth in subsection A and any other relevant evidence.

C. Annual Adjustment Of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection B of this section, the fees established in subsection B shall be adjusted every year on July 1, commencing July 1, 20072023, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record.

D. Exceptions; Waiver, Credit: Notwithstanding the provisions of subsection B of this section, the parkland and park facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the acquisition of parkland and construction park facilities to meet needs created by the new development. Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

Packet Pg. 213 Attachment: Ordinance No. 2022-133 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in a special fund which is hereby created and established for such purpose, to be known and designated as the "parkland and park facilities fee fund". Monies deposited in such fund shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said fund, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of parkland and park capital facilities as made necessary by new residential development in the city. The term "capital facilities" as used herein includes land, buildings and other improvements to land, and capital items related thereto.

1.48.110: GENERAL CITY FACILITIES MITIGATION FEES:

Packet Pg. 214 Attachment: Ordinance No. 2022-133 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) A. Findings: The city council finds, based upon the studies, analyses and projections contained in the general plan, upon the content of the City of Gonzales Development Impact Fee Nexus Study Update, prepared by Willdan Financial Services, in 2022, and upon other relevant evidence received and considered by it, that the development of new residential, commercial, industrial and other projects in the city will cause the city to incur substantial capital costs for the construction and acquisition of general city capital facilities and equipment, and that the imposition of impact mitigation fees, in the amounts specified in subsection B of this section, is necessary in order to offset such costs.

B.Fee Imposed: Pursuant to the findings contained in subsection A of this section, including but not limited to the relationship between new residential, commercial and industrial development and the need to construct new or expand existing general facilities and acquire related vehicles and equipment, and the estimated capital costs of constructing and/or acquiring the same, a general city facilities mitigation fee is imposed upon each new residential, commercial and industrial development in the city according to the following schedule:

Single Family Dwelling Unit $4,811 per unit.

Multifamily Dwelling Unit $3,894 per unit.

Mixed Use/Commercial Uses $0.646 per square foot.

Industrial/Manufacturing Uses $0.355 per square foot.

The amount of the fees may hereafter be fixed by resolution of the city council in accordance with the process established in applicable provisions of the California Government Code, taking into account the matters set forth in subsection A and any other relevant evidence.

C. Annual Adjustment Of Fees: Notwithstanding substantive adjustment of impact fees based on reconsideration or updated analyses of those matters set forth in subsection A of this section, the fees established in subsection B shall be adjusted every year on July 1, commencing July 1, 2023, to reflect the annual percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported in the Engineering News-Record.

D. Exceptions; Waiver, Credit: Notwithstanding the provisions of subsection B of this section, the general city facilities mitigation fee shall be waived, in whole or in part, in those cases where, in a development agreement or other contract between the city and a developer, the city has specifically agreed to such a waiver in consideration of other mitigating actions taken or agreed to by the developer which have a reasonable relationship to the construction or acquisition of general capital facilities to meet needs created by the new development. Where the development plan provides for the replacement of an existing occupancy covered under this section with another covered occupancy, a credit for fees otherwise payable under this section shall be given on the basis of the square footage of the existing occupancy which is being replaced.

Packet Pg. 215 Attachment: Ordinance No. 2022-133 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) E. Deposit And Use Of Funds: Fees collected pursuant to this section shall be placed in a special fund which is hereby created and established for such purpose, to be known and designated as the "general capital facilities fee fund". Monies deposited in such fund shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said fund, and all interest accruing thereon, shall be used exclusively for the purchase, acquisition or construction of general capital facilities as made necessary by new residential, commercial, industrial and other developments in each fee zone. The term "capital facilities" as used herein includes land, buildings and other improvements to land, and capital items of police equipment, including vehicles.

Section 3. Constitutionality. If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The Council hereby declares that it would have passed this Code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this Code or this ordinance should be declared invalid or unconstitutional, then the original ordinance or ordinances codified as the Gonzales Municipal Code shall be in full force and effect.

Section 4. This Ordinance shall be in full force and effect commencing sixty (60) days after the date of its final passage and a summary hereof shall be published once within fifteen (15) days of passage in the Gonzales Tribune, a newspaper of general circulation printed and published in the County of Monterey and circulated in the City of Gonzales.

This ordinance was introduced and read on the _____ day of March, 2006June, 2022 and was finally adopted on the ____ day of ________, 20062022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________________
Matt Gourley, Honorable Mayor
ATTEST:

Packet Pg. 216 Attachment: Ordinance No. 2022-133 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) _____________________________ René L. Mendez, City Manager 809061v1
Packet Pg. 217 Attachment: Ordinance No. 2022-133 (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study) Packet Pg. 218 Attachment: Public Notice (2445 : Resol No. 2022-32 & Ordinance No. 2022-133 Development Impact Fees Study)

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