Agenda packet — Gonzales City Council, June 20, 2022

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 M E N D E D A G E N D A

JOINT MEETING OF THE

GONZALES CITY COUNCIL AND

GONZALES SUCCESSOR AGENCY
CITY COUNCIL CHAMBERS – 117 FOURTH STREET
GONZALES, CA 93926
MONDAY, JUNE 20, 2022
6:00 P.M.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

1. ROLL CALL- City Council/Successor Agency
Mayor Pro Tem/Vice Chair Scott Funk, Council/Agency Member Liz Silva, Council/Agency Member Lorraine Worthy (will be participating remotely via zoom from 1058 Zinfandel Drive, Gonzales, CA 93926), Council/Agency Member Paul Miller, Mayor/Chair Jose L. Rios

Successor Agency 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/81164440669 or call 1 (669) 900-6833 and use Meeting ID: 811 6444 0669. 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 20th to the City Clerk at [email protected]

PRESENTATIONS

2. Gonzales Little League Sportsmanship Awards

BUSINESS FROM THE PUBLIC

3. 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.

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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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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.

4. Approve the Joint City Council and Successor Agency - Budget Meeting - June 6, 2022 Minutes

5. Approve the Joint City Council, Successor Agency, and Gonzales Electric Authority - Regular Meeting - June 6, 2022 Minutes

6. Approve City Accounts Payable Warrants #47119-47193

7. Community Development Department Activity Report

8. Community Engagement & Strategic Partnerships Activity Report

9. Police Department Activity Report

10. Public Works/City Engineer Department Activity Report

11. Recreation Department Activity Report

12. Ratify Resolution No. 2022-39, A Resolution of the City Council of the City of Gonzales in Honor and Recognition of City Manager Rene L. Mendez for his Dedicated Service to the City and Citizens of Gonzales

13. Consider Approval of Resolution No. 2022-20, A Resolution of the City Council of the City of Gonzales Awarding the Slurry Seal Project to VSS International, Rejecting All Other Bids, And Authorizing Execution of Contracts with VSS International in the amount of $380,000, and with MNS Engineers in the Amount of $30,000 for Construction Management and Inspection Services

14. Consider Approval of Resolution No. 2022-40, A Resolution of the City Council of the City of Gonzales Authorizing Execution of Contract Amendment No. 2 with Swinerton Management & Consulting for Program Management Services for the Community Center Complex Project During FY 2022-2023 in the Amount of $700,000

REGULAR AGENDA

15. Public Hearing to Consider Adoption, Waive Reading and Read by Title Only Ordinance No. 2022- 131, An Ordinance of the City Council of the City of Gonzales Approving Gonzales Police Department Policy Manual Policy 709-Military Equipment
a) Staff Report
b) Public Hearing
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Ordinance No. 2022-131

16. Public Hearing to Consider Adoption, Waive Reading 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
a) Staff Report
b) Public Hearing
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Ordinance No. 2022-133
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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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17. Public Hearing to Consider Approval of Resolution No. 2022-41, A Resolution of the City Council of the City of Gonzales Confirming Diagrams and Assessments and Levying Annual Assessments Pursuant to the Benefit Assessment Act of 1982 for Fiscal Year 2022-2023 - California Breeze Benefit Assessment District Nos. 1, 2 and 3; and Resolution No. 2022-42, A Resolution of the City Council of the City of Gonzales Confirming Diagram and Assessments and Levying Annual Assessments Pursuant to the Landscaping and Lighting Act of 1972 for Fiscal Year 2022-2023 - California Breeze Parks and Open Spaces Maintenance Assessment District a) Staff Report
b) Public Hearing
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Resolution No. 2022-41 and Resolution No. 2022-42

18. Public Hearing to Consider Approval of Resolution No. 2022-43, A Resolution of the City Council of the City of Gonzales Confirming Diagrams and Assessments and Levying Annual Assessments Pursuant to the Benefit Assessment Act of 1982 for Fiscal Year 2022-2023 - Canyon Creek Benefit Assessment District Nos. 1, 2 and 3; and Resolution No. 2022-44, A Resolution of the City Council of the City of Gonzales Confirming Diagrams and Assessments and Levying Annual Assessments Pursuant to the Landscaping and Lighting Act of 1972 for Fiscal Year 2022-2023 - Canyon Creek Parks and Open Spaces Maintenance Assessment District Nos. 1, 2 and 3 a) Staff Report
b) Public Hearing
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Resolution No. 2022-43 and Resolution No. 2022-44

19. Public Hearing to Consider Approval of Resolution No. 2022-45, A Resolution of the City Council of the City of Gonzales Confirming Diagrams and Assessments and Levying Annual Assessments Pursuant to the Benefit Assessment Act of 1982 for Fiscal Year 2022-2023 - Gonzales Industrial Park Benefit Assessment District; and Resolution No. 2022-46, A Resolution of the City Council of the City of Gonzales Confirming Diagram and Assessments and Levying Annual Assessments Pursuant to the Landscaping and Lighting Act of 1972 for Fiscal Year 2022-2023 - Gonzales Industrial Park Landscape Maintenance Assessment District a) Staff Report
b) Public Hearing
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Resolution No. 2022-45 and Resolution No. 2022-46

20. Public Hearing to Consider Approval of Resolution No. 2022-47, A Resolution of the City Council of the City of Gonzales Confirming Diagram and Assessments and Levying Annual Assessments Pursuant to the Benefit Assessment Act of 1982 for Fiscal Year 2022-2023 - Cipriani Estates Benefit Assessment District; and Resolution No. 2022-48, A Resolution of the City Council of the City of Gonzales Confirming Diagram and Assessments and Levying Annual Assessments Pursuant to the Landscaping and Lighting Act of 1972 for Fiscal Year 2022-2023 - Cipriani Estates Parks and Open Spaces Maintenance Assessment District
a) Staff Report
b) Public Hearing
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Resolution No. 2022-47 and Resolution No. 2022-48 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 CITY COUNCIL

21. City Council Board/Committee Reports
a. League of California Cities Monterey Bay Division
b. Association of Monterey Bay Area Governments
c. Monterey Salinas Transit
d. City & School Joint Steering Committee
e. Economic Development Committee

22. Oral Communications

BUSINESS FROM CITY MANAGER

23. Oral Communications

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.

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

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 GONZALES CITY COUNCIL AND

GONZALES SUCCESSOR AGENCY

BUDGET MEETING
MONDAY, JUNE 6, 2022
5:00 P.M.

CALL TO ORDER
The meeting was called to order at 5:00 PM by Mayor Pro Tem Scott Funk.

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

ROLL CALL
Attendee Name Title Status Arrived
Jose L. Rios Mayor/Chair Present 5:25 PM
Scott Funk Mayor Pro Tem/Vice Chair Present
Liz Silva Council/Agency Member Present 5:10 PM
Lorraine Worthy Council/Agency Member Present
Paul Miller Council/Agency Member Present

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, Assistant City Manager Mark Hartunian, Fire Chief Jason Muscio, and Public Works Director/City Engineer Patrick Dobbins. * Successor Agency Item
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Minutes Acceptance: Minutes of Jun 6, 2022 5:00 PM (CONSENT AGENDA) AGENDA
ITEM
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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/83990946309 or call 1-1669-900-6833 and use Meeting ID: 839 9094 6309. 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.

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.

Henry Martinez Sr., 112 Tenth Street, commented about the passing of John Martinez and the way he communicated with him; his car towing situation; and asked for leadership change and police accountability and accessibility.

CONSENT AGENDA

3. Consider Approval of Resolution No. 2022-36, A Resolution of the City Council of the City of Gonzales Establishing the Appropriations Subject to Limit for the City of Gonzales for the 2022- 2023 Fiscal Year

4. Consider Approval of Resolution No. 2022-37, A Resolution of the City Council of the City of Gonzales Certifying Compliance with State Law with Respect to the Levying of General and Special Taxes, Assessments, and Property Related Fees and Charges RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Miller, Council Member
SECONDER: Lorraine Worthy, Council Member
AYES: Scott Funk, Lorraine Worthy, Paul Miller
EXCUSED: Jose L. Rios, Liz Silva

REGULAR AGENDA

5. Consider Approval of 1) Resolution No. 2022-38, A Resolution of the City Council of the City of Gonzales Adopting an Operating Budget for the City for the Fiscal Year July 1, 2022 through June 30, 2023 and providing for the Appropriations and Expenditures of All Sums Set Forth Therein, and 2) Resolution No. SA-2022-02, A Resolution of the City Council of the City of Gonzales Acting as Successor Agency for the Gonzales Redevelopment Agency Approving and Adopting a Successor Agency Budget for the Period Between July 1, 2022 and June 30, 2023 Staff Report: City Manager/Director Mendez presented the staff report, and explained the budget via a powerpoint presentation. The presentation topics consisted of the Vision and Mission Statements, the Gonzales Way, budget outline, budget principles, total expenditures, overall budget Packet Pg. 6
Minutes Acceptance: Minutes of Jun 6, 2022 5:00 PM (CONSENT AGENDA)

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summary, overall City revenues, what is reflected in the revenues, revenue-appropriations gap, fund balance estimate of major funds, general fund appropriations, main reasons for increase, general fund revenues, general fund considerations, critical area: infrastructure, overall budget summary progress continues, and recommendations.

Public Comment: Henry Martinez Sr., 112 Tenth Street, reminded the City that this side of town is not paying for projects of expanding the water thing because the north side of town already paid their share when they built this side of town; and if the City wants to expand, the north side is not going to pay because that does not benefit them.

City Manager/Director Mendez clarified about impact fees being paid by new development and infrastructure; and costs to maintain what’s built and what we have, and provided examples of projects.

Council/Agency Discussion: General discussion took place.

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

6. Gonzales Youth Council FY 2021-2022 End of Year Presentation Director of Community Engagement & Strategic Partnerships Director Gil introduced the item and welcome the Youth Council Members and previous Youth Commissioners in the audience.

Youth Commissioner Flores presented a powerpoint presentation explaining the Gonzales Youth Council Action Projects such as the Pedestrian Safety and Mental Health Projects. She introduced the GYC 2021-2022 Members. She thanked the City of Gonzales, Council Members, City Manager Rene Mendez, and advisors for their continued support and help during the year.

Mayor Rios presented Certificates of Recognition to the GYC Members, and certificates and stoles for the Seniors.

City Manager Mendez said two Youth Commissioners, Cindy Aguilar and Magaly Santos, who are attending UC Berkeley and wanted to come back and support future leaders, are great role models for our youth sharing their experiences. He thanked them both for being exceptional role models.

He also thanked the Council for opening themselves and welcoming them and giving them time which is a testament of why they are back to their community.

Council Member Worthy wished all of the Seniors congratulations since she would not be able to attend the graduation on Saturday.

ADJOURNMENT
RESULT: APPROVED [UNANIMOUS]
MOVER: Liz Silva, Council Member
SECONDER: Lorraine Worthy, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Paul Miller The meeting was adjourned at 5:54 PM.

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Minutes Acceptance: Minutes of Jun 6, 2022 5:00 PM (CONSENT AGENDA)

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ATTEST:

Mary Villegas, Deputy City Clerk
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Minutes Acceptance: Minutes of Jun 6, 2022 5:00 PM (CONSENT AGENDA)

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MINUTES

JOINT MEETING OF THE

GONZALES CITY COUNCIL,

GONZALES SUCCESSOR AGENCY, AND

GONZALES ELECTRIC AUTHORITY
MONDAY, JUNE 6, 2022
6:00 P.M.

CALL TO ORDER
The meeting was called to order at 6:00 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/Chair Present
Scott Funk Mayor Pro Tem/Vice Chair Present
Liz Silva Council/Agency Member Present
Lorraine Worthy Council/Agency Member Present
Paul Miller Council/Agency Member Present

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, Assistant City Manager Mark Hartunian, Fire Chief Jason Muscio, and Public Works Director/City Engineer Patrick Dobbins. * Successor Agency Item
 Gonzales Electric Authority Board Item
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Minutes Acceptance: Minutes of Jun 6, 2022 6:00 PM (CONSENT AGENDA) AGENDA
ITEM
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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/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.

PRESENTATIONS

2. Certificates of Recognition – Gonzales High School Softball and Track & Field Mayor Rios presented the Certificates of Recognition to the High School Softball Team, Track & Field Team and Coaches. Mayor Pro Tem Funk presented each athlete with a free pizza voucher from Luigi's.

3. Certificates of Recognition – Fairview Middle School Girls 7th Grade Soccer Team Mayor Rios presented the certificates of recognition to the Girls Soccer Team and the Coach. Mayor Pro Tem Funk presented each athlete with a free pizza voucher from Luigi's.

4. Resolutions Recognizing City Manager Rene Mendez
Monterey County Supervisor Chris Lopez presented a Resolution to City Manager Rene Mendez on behalf of the Board of Supervisors. He shared his sentiments and the partnerships built, and thanked him for all the work committed for everyone in South County.

Anna Velasquez and Marissa Hernandez, on behalf of the Offices of Senator Caballero and Assembly Member Rivas, presented a resolution recognizing City Manager Rene Mendez's efforts and expressed their sentiments. Ms. Velasquez thanked him for his journey in South County, leadership, and progressiveness. On her behalf as the Mayor of the City of Soledad, she thanked him for his leadership and said they will continue what he has created here.

The Gonzales City Council presented Resolution No. 2022-39 to City Manager Rene Mendez. Each member read whereas sections of the resolution.

City Manager Mendez thanked his Wife, the City, staff, the youth, Maria Orozco, the coaching, countless Councils, and several Mayors. He also thanked the community for being an amazing community and helping him raise his two boys. He had the honor and privilege to work with a remarkable Council and thanked them for the privilege of serving this community and giving him and his family a home that they could never imagined.

Maria Orozco expressed to City Manager Mendez that it was a pleasure working with him throughout the years as the Mayor of the City of Gonzales. She elaborated on the time she and the Council were looking for a City Manager and the qualities they wanted to see in a City Manager; someone who would be engaged in the community, had experience in working with a diverse community, actively involved in the City and throughout the years he had exceeded those qualities.

She added that his commitment, dedication, and community involvement, not only at the local level but regional, state and national level, and through his efforts, we have been in the map, have Packet Pg. 10
Minutes Acceptance: Minutes of Jun 6, 2022 6:00 PM (CONSENT AGENDA)

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accomplished many projects and programs for our community and have taken the lead in some of those projects that are being recognized as the little City that could. On behalf of all those who have benefited from all of the wonderful things that we have been able to do for our residents, Ms. Orozco thanked him for the many years of service to the City of Gonzales and for always going above and beyond to make sure our residents received the very best. She concluded it was an honor working with him and she considered herself a part of his family and congratulated him in his new career.

Henry Martinez Sr. said he already told Rene that it was nothing personal, they had their disagreements, but he treated him with respect and hoped he didn't push him too hard. He thanked him for his service and hoped it went well.

Roman Barba commented Rene was a good neighbor and he knows he fought many projects but he wished he would be here for the Community Center Project since he started it, and the community want him to end it. He thanked him.

Cindy Aguilar thanked Rene as the City Manager and Tennis Coach for being involved with the youth and doing things for them. She said it was a very exciting experience for the youth to have the opportunity to spend time with him. She said being part of the Youth Council and involved in it, she felt she was valuable and what she had to say mattered and that’s something she has taken very closely as she transitions into different spaces. She added that’s part of this experience and being able to spend time with him and getting to see some years of his legacy that he left here in Gonzales.

BUSINESS FROM THE PUBLIC

5. 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.

Henry Martinez Jr., 114 Tenth Street, commented about doing the part at the 4th of July for 10 years and volunteering for 25 years and has gotten recognition from others but never form the City, and he’s getting tired. He said this may be his last year and asked for a reason why to keep going.

Henry Martinez Sr. asked if they were ready to storm the school here in Gonzales to save the kids instead of taking cars from dead people. He commented about a past active shooter incident and robbery.

Roman Barba commented about the passing of John Martinez and the book he gave him. He talked about catering trucks, painted trees, filthy sidewalks and trailers taking up parking space.

Maria Mata, Pueblo Unido de Tateposco, commented in Spanish and City Manager Mendez translated. She extended an invitation to the entire Council especially Mayor Rios and City Manager Mendez to a gathering with the Cocula President Miguel Angel Ibarra Flores this Sunday, June 12th at the St. Theodore’s Hall from 5:00pm - 8:00pm. He’ll be here talking to all the residents of Tateposco, listening to their suggestions, concerns, petitions, and needs. She said it would be a great honor if one representative from the City could be there. The people of Tateposco thanked them in advance.

Council Member Worthy asked if there were questions from Gonzales.

Ms. Mata responded he was here to listen to the people of Tateposco about any concerns, thoughts or needs, and it would be an honor for them to have City representatives.

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Minutes Acceptance: Minutes of Jun 6, 2022 6:00 PM (CONSENT AGENDA)

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Council Member Silva asked if there were more than two Council Members in attendance, would that be a conflict.

City Attorney Rodriquez responded no because that was a social gathering.

CONSENT AGENDA

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

REGULAR AGENDA

16. Public Hearing to Consider Approval of Resolutions Confirming Diagrams and Assessments and Levying Annual Assessments for Each Assessment District Staff Report: City Attorney Rodriquez mentioned this item was noticed and staff decided to extend it to the following meeting to provide adequate time because of the holidays. He said this is just continuing the matter to June 20th but we have to take public comments tonight.

Mayor Rios opened the public hearing at 7:02pm.

Public Hearing: No comments came forward.

Being there no comments from the public, Mayor Rios closed the public hearing at 7:02pm.

Council Discussion: General discussion took place.
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Minutes Acceptance: Minutes of Jun 6, 2022 6:00 PM (CONSENT AGENDA)

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

17. Presentation on the T-Mobile’s Continued Commitment to Working in Partnership with the City of Gonzales
Staff Report: Director of Community Engagement & Strategic Partnerships Gil presented the staff report.

Derek Casebolt, West Region Director T-Mobile for Government, provided a powerpoint presentation explaining their vision, commitment to the City, network advantage, 5G capabilities, connecting public safety departments, priority access and preemption, partnership and the future partnership on the Community Center Complex. He thanked City Manager Mendez for all he did to provide free internet access to the community.

Public Comment: There was none.

Council Discussion: General discussion took place.

Informational Item. No action required.

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 Staff Report: Assistant City Manager Hartunian presented the staff report.

James Edison, Willdan Financial Services, presented a powerpoint presentation explaining what a development impact fee is, basic methodology, impact fees categories, impact fee zones, land use scenario, cost allocation methods, fee program methodologies, major planned facilities, maximum justified impact fee schedule, current fee schedule, and change compared to the current fee schedule.

Mayor Rios opened the public hearing at 7:44pm.

Public Hearing: There was none.

Being there no comments from the public, Mayor Rios closed the public hearing at 7:44pm.

Glenn Pace, Pembrook Development, mentioned they have been working on the financial part of this with City staff for so many years and he believed we got to a position where it’s a doable thing and it’s needed. He added that they worked through all the infrastructure studies for a number of years and came up with some numbers that would work, as well as provide the services that the City is going to need for this growth that includes sewer, circulation, water, and all the things that go along with it. He said they feel comfortable now that the numbers are doable.

Council Discussion: General discussion took place.

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Minutes Acceptance: Minutes of Jun 6, 2022 6:00 PM (CONSENT AGENDA)

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RESULT: APPROVED [UNANIMOUS] RESOLUTION NO. 2022-32
MOVER: Liz Silva, Council Member
SECONDER: Paul Miller, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Paul Miller RESULT: APPROVED [UNANIMOUS] INTRODUCE ORDINANCE NO. 2022- 133
MOVER: Liz Silva, Council Member
SECONDER: Lorraine Worthy, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Paul Miller

BUSINESS FROM CITY COUNCIL

19. City Council Board/Committee Reports
a. Transportation Agency for Monterey County
Mayor Rios reported on the discussion of the 101 corridor and access lanes, Chualar River bridge, and Abbott and Highway 101.
b. Mayor Selection Committee
Mayor Rios didn't attend the meeting.
c. Salinas Valley Recycles
Council Member Silva asked the Mayor to ask TAMC about the status on fixing the Gonzales River Road bridge. She announced the next meeting on June 16th at 6pm here in the Council Chambers, and they will be dark in July.
d. Measure K Oversight Committee
Director of Community Engagement & Strategic Partnerships Gil reported on the meeting they had on May 17th with Measure X Committee, to discuss the proposed tax measures, and recommended projects for the budget. Council Member Worthy reported on the recommendation at the last meeting on the new measure and the new list. They are looking for a member for the Measure K Committee.
e. Salinas Valley Basin Groundwater Sustainability
Public Works Director Dobbins couldn't attend the meeting. f. City's 75th Anniversary Committee
Director of Community Engagement & Strategic Partnerships Gil reported on the May 26th meeting regarding the planning of the 4th of July 5k run, float, and giveaways; and gearing up for the October 15th celebration.

20. Oral Communications
Youth Commissioner Flores reported on the last GYC meeting where they expressed their key takeaways; and what they have been doing with the Mental Health Survey at the High School.

Council Member Miller congratulated all the 8th grade and High School graduates.

Mayor Pro Tem Funk congratulated all the graduates in town and it was great to see some college students returning. He thanked City Manager Mendez for his time.

Council Member Worthy reiterated what City Manager Mendez has done for the City and for her sons who look up to him and respect him. She told him he knew how George feels about him and had a great time when they visited the Sister City in Mexico. She told him he’ll always have a special place in their hearts. She thanked him for all his years of service on behalf of the Worthy family.

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Minutes Acceptance: Minutes of Jun 6, 2022 6:00 PM (CONSENT AGENDA)

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Council Member Silva congratulated all the students who came this evening to receive the awards and was glad they will be enjoying a free pizza from Luigi’s. She congratulated all the graduates from kinder to college, and preschoolers. She reminded the residents to watch out for kids when they’re playing now that they will be out of school. She thanked everyone who supported the Legion’s barbecue on Memorial Day which was a huge success. She said she left a message with Public Works Director Dobbins regarding the painting of the trees at the corner of Alta and Seventh Streets at the place of business. She also asked for an update on the Community Center and the street paving. She thanked City Manager Mendez for always being supportive of everything people suggest from her bottom of her heart. She said she always enjoyed the one-onone meetings, and he does have a big vision. She wished him well.

BUSINESS FROM CITY MANAGER

21. Oral Communications
City Manager Mendez reported on the awards banquet for the seniors where they reported over $700,000 of awards issued to the seniors; Council going dark the first meeting in July; school board almost done with the Superintendent search; meetings with Interim CBO; and monitoring the mask mandates. He thanked the Council and said it was an honor to serve this community.

Director of Community Engagement & Strategic Partnerships Gil reported on the pool activities this and next week; covid testing at the technology center in front of the Joint Use Gym, and helping with medical enrollment.

Public Works Director Dobbins reported on the street rehabilitation program opening bids this week on the street slurry seal; and tomorrow is the deadline to receive proposals for the City’s website.

Fire Chief Muscio reported on taking care of the slough areas early in the morning; heat advisory this weekend; and arrangements at the graduations and opening a cooling center if needed.

Assistant City Manager Hartunian reported on the major projects coming up because of the adoption of the fees item this evening. He told City Manager Mendez it was a pleasure and honor to be his Assistant City Manager and thanked him for letting him be his partner.

Police Chief Wise reported on the helmet distribution and fittings for several hundred kids and family members; Officers doing in school classroom safety presentations; and community engagement activities this summer.

Mayor Rios congratulated all the graduates and prayed they came back to the community. He thanked City Manager Mendez for his time and especially his amazing wife because she definitely has a set of wings somewhere because she put up with everything all these years. He gave him kudos for his two great kids/athletes who will be amazing men and hoped he came back and maybe join the Council. He thanked him and his family.

Packet Pg. 15
Minutes Acceptance: Minutes of Jun 6, 2022 6:00 PM (CONSENT AGENDA)

Page 8 of 8 ends

ADJOURNMENT
RESULT: APPROVED [UNANIMOUS]
MOVER: Scott Funk, Mayor Pro Tem
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Paul Miller The meeting was adjourned at 8:16 PM.

ATTEST:

Mary Villegas, Deputy City Clerk
Packet Pg. 16
Minutes Acceptance: Minutes of Jun 6, 2022 6:00 PM (CONSENT AGENDA) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 2:24 pm
Date: 06/09/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
47119 06/10/22 Printed 1922 A & G PUMPING, INC. Porta Potties Centennial Park 378.75 ABAG PUBLICLY OWNED 1,500.00
ENERGY
47120 06/10/22 Printed 256 Levelized Gas Charges May 2022 47121 06/10/22 Printed 108 AIRGAS Propane 147.57
ALVAREZ TECHNOLOGY 351.45
GROUP, INC.
47122 06/10/22 Printed 3893 Lobby Monitor
47123 06/10/22 Printed 137 AMERICAN SUPPLY CO. Janitorial Supplies 493.01 ARMANASCO PUBLIC 14,055.72

RELATIONS,
47124 06/10/22 Printed 3284 Public Relations Svcs Support 47125 06/10/22 Printed 341 PATRICK ASKEW Medical Insurance Benefit June 361.00 47126 06/10/22 Printed 2830 AT&T Internet - Acct # 308309956 53.50 47127 06/10/22 Printed 3168 AUTOZONE INC. Vehicle Maint. Supplies 84.02 BANUELOS ENTERPRISES, 179.73
INC.
47128 06/10/22 Printed 1054 Flat Tire Repair
BURKE, WILLIAMS & 124.00

SORENSEN LLP
47129 06/10/22 Printed 4243 Legal Services - April 2022 47130 06/10/22 Printed 3073 C4 CONSULTING Consulting Services 4,000.00 CAL COAST AUTOMOTIVE 750.00

REPAIR &
47131 06/10/22 Printed 3831 Smog Test Streets Boom Truck 47132 06/10/22 Printed 1471 CAL COAST IRRIGATION, INC. Irrigation Repair 58.11 47133 06/10/22 Printed 770 CARLOS ALBERTO ESQUIVEL Janitorial Services & Supplies 1,787.70 CENTRAL VALLEY 78.00

TOXICOLOGY, INC
47134 06/10/22 Printed 3061 Evidence
47135 06/10/22 Printed 212 CITY OF GONZALES Utilities 3,817.51 47136 06/10/22 Printed 212 CITY OF GONZALES Water Deposits to be Applied 454.90 47137 06/10/22 Printed 1821 CSK AUTO, INC. Vehicle Maint. Supplies Air Filter, Cabin 125.58 Filter, WD40
CYPRESS COAST FORD 181.36

LINCOLN
47138 06/10/22 Printed 4063 Vehicle Maint. Supplies PW#7 Streets 47139 06/10/22 Printed 3876 DAY CARTER & MURPHY LLP Micro Grid Legal Services 2,517.50 DE LAGE LANDEN PUBLIC 22,692.17

FINANCE
47140 06/10/22 Printed 2895 Solar Project Payment
47141 06/10/22 Printed 2624 EBA&M CORP COBRA Notice - April 2022 30.00 47142 06/10/22 Printed 507 EMC PLANNING GROUP INC. CEQA for Community Center 1,193.45 EMPLOYMENT 209.00
DEVELOPMENT DEPT.
47143 06/10/22 Printed 106 Unemployment Ins. Benefits
FLUID RESOURCE 1,496.00

MANAGEMENT INC,
47144 06/10/22 Printed 2537 Team Viewer & SCADA Repay
47145 06/10/22 Printed 3650 GHD INC. Vista Lucia Roadway Review 1,770.00 GOLDSTAR BUICK PONTIAC 106.36
GMC
47146 06/10/22 Printed 1084 Car Maint. Supplies
GONZALES ACE HARDWARE 187.04
INC.
47148 06/10/22 Printed 3274 Lawn Mower Blade
47149 06/10/22 Printed 225 GONZALES IRRIGATION Irrigation Repair 193.31 47150 06/10/22 Printed 1109 GONZALES UNIFIED SCHOOL Fuel March 2022 35,530.84 GREEN VALLEY FARM 622.56
SUPPLY
47151 06/10/22 Printed 1319 Herbicide at Plant
47152 06/10/22 Printed 1744 GREEN'S ACCOUNTING March 2022 Finance Services 11,697.39 47153 06/10/22 Printed 1744 GREEN'S ACCOUNTING February 2022 Finance Services 14,206.70 47154 06/10/22 Printed 1744 GREEN'S ACCOUNTING April 2022 Finance Services 11,966.36 47155 06/10/22 Printed 3326 HDL COREN & CONE Sales Tax Audit Services 1,586.80 47156 06/10/22 Printed 4269 MARIA LUISA HERNANDEZ Water Deposits Refund 111.03 HILL BROTHERS CHEMICAL 3,862.50
CO
47157 06/10/22 Printed 4120 Chlorine
47158 06/10/22 Printed 3827 JC TREE EXPERTS INC. Tree Trimming 6,100.00 47159 06/10/22 Printed 68 LA PLAZA BAKERY Cake 29.00
47160 06/10/22 Printed 2686 DAVID & DONA LLOYD After Hours Answering Service 89.00 47161 06/10/22 Printed 204 LN CURTIS & SONS Uniform Pants 209.96 47162 06/10/22 Printed 72 MISSION UNIFORM SERVICE City Hall Mats 530.86 MONTEREY COUNTY 2,686.00

EMERGENCY
47163 06/10/22 Printed 470 911 Fees FY21/22 Q4-Late Fees 47164 06/10/22 Printed 3247 NHA ADVISORS LLC Comm. Ctr. Consulting 4,412.50 47165 06/10/22 Printed 91 P. G. & E. Utilities 7,798.29 AGENDA
ITEM
Packet Pg. 17
Attachment: Warrants #47119-47193 (2465 : Approve City Accounts Payable Warrants #47119-47193) 6 City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 2
Time: 2:24 pm
Date: 06/09/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
47166 06/10/22 Printed 4271 JOSE MANUEL PANIAGUA Water Deposits Refund 0.88 47167 06/10/22 Printed 4272 JULIA PEREZ Water Deposits Refund 133.19 PUBLIC AGENCY 477.62

RETIREMENT
47168 06/10/22 Printed 3194 Plan Admin Fees - March 2022 47169 06/10/22 Printed 1021 PURCHASE POWER Postage Acct # 8000-9000-1071-7159 1,000.00 47170 06/10/22 Printed 115 QUILL CORP Office Supplies 473.90 47171 06/10/22 Printed 4092 RAZZO LINK, INC. Internet Service - Pool 75.09 SAFETY-KLEEN SYSTEMS, 240.86
INC.
47172 06/10/22 Printed 189 Solvent
47173 06/10/22 Printed 4166 SAGE RENEWABLE ENERGY PM Services for Microgrid 22,593.75 SALINAS VALLEY SOLID 32,339.11
WASTE
47174 06/10/22 Printed 258 Tonage Fees - May 2022
47175 06/10/22 Printed 2685 SC FUELS Fuel for Fire Engines 551.95 SCHAAF & WHEELER, 3,012.50

CONSULTING
47176 06/10/22 Printed 3894 Alpine Camp Water/Sewer Design 47177 06/10/22 Printed 119 SOLEDAD HARDWARE Tax on Window Screen - Prev Invoice 2.66 Rec Didn't Include Tax
47178 06/10/22 Printed 269 STATE WATER RESOURCES Renewal Application - A. Lujan 150.00 47179 06/10/22 Printed 1857 SUMMIT UNIFORM CORP. Uniform Vest 162.97 47180 06/10/22 Printed 2753 SUN STREET CENTERS Horsd'ouveres Reception & Travel Fee 7,381.13 47181 06/10/22 Printed 3670 T-MOBILE Cellphone Charges Acct # 963044810 862.91 47182 06/10/22 Printed 3880 THE MAYNARD GROUP Video Conferencing 550.25 TRANS UNION RISK AND 110.00

ALTERNATI
47183 06/10/22 Printed 3175 TLO - May 2022
47184 06/10/22 Printed 27 TRI - CITIES DISPOSAL Drop Box Services - May 2022 55,234.22 47185 06/10/22 Printed 3718 TRINI'S PLUMBING City Hall - Maint. Supplies 917.22 47186 06/10/22 Printed 3577 U.S. BANK 5/6/22 City of Gonzales Acct # 4866 9145 3,132.37 5550 8537
47187 06/10/22 Printed 3410 ULINE, INC. Kid Power/Pool Supplies 701.32 47188 06/10/22 Printed 103 USA BLUE BOOK Lab Books 109.46 VALLEY SAW & GARDEN 363.69

EQUIPMENT
47189 06/10/22 Printed 174 Equipment Repair
47190 06/10/22 Printed 3895 VESTRA RESOURCES INC. GIS Support 182.75 47191 06/10/22 Printed 99 VOSTI'S, INC. Oil 1,289.43
47192 06/10/22 Printed 2919 WAGEWORKS Compliance Fee - May 2022 100.00 WINZER FRANCHISE 245.75

COMPANY
47193 06/10/22 Printed 3615 Vehicle Maint. Supplies
Total Checks: 74 Checks Total (excluding void checks): 293,211.51 Total Payments: 74 Bank Total (excluding void checks): 293,211.51 Total Payments: 74 Grand Total (excluding void checks): 293,211.51 Packet Pg. 18
Attachment: Warrants #47119-47193 (2465 : Approve City Accounts Payable Warrants #47119-47193) City of Gonzales

COMMUNITY DEVELOPMENT DEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: June 20, 2022
FROM: Taven Kinison Brown, Community Development Director THROUGH: Mark Hartunian, Assistant City Manager
SUBJECT: Community Development Activity Report

1. DEVELOPMENT APPLICATIONS CURRENTLY BEING PROCESSED
From the period May 2, 2022, through May 27, 2022, the city issued 18 permits from the Building Division mainly for residential electrical work, solar panels, reroofing, and a residential addition. The estimated valuation of all improvements was $495,351.30.

2. GENERAL PLAN IMPLEMENTATION
City staff continues to work with Pembrook Development Group and Jackson Family Investments on SOI development project(s). Another project in the city’s Sphere of Influence but just outside of city limits includes the Rianda Family Trust proposal for an agricultural cooler on Gloria Road.

The recently proposed cooler project has the potential of employing nearly 1,000 employees, yet will have the effect of Jackson Family Investments needing to modify the Puente Del Monte Specific Plan proposal that has been formulating for several years.

3. APPROVED PROJECTS AND THEIR CURRENT STATUS
• New laundromat under construction at 28 Fourth Street. • Salad Bowl Boxing at 32B Fourth Street, operational and active. • Construction plans being revised for the new 18-room hotel at 34 & 51 Fourth Street.

AGENDA
ITEM
7 Packet Pg. 19

4. OTHER ACTIVITIES
The Rianda Family Trust – On Monday, June 6, 2022, the City Council approved a Reimbursement Agreement for the Rianda Family Trust for the “Phase 1” Traffic Analysis being provided by EMC Planning Group for the agriculture cooler on Gloria Road. Tuesday June 14, 2022 the City and consultant conducted a kickoff meeting to get the traffic study underway as a first step to Environmental Review and moving forward.

For the D’Arrigo Property in the City Limits, we are expecting a formal development proposal shortly. Formerly known as D’Arrigo – Rincon, the project area currently consists of 138 acres agricultural lands. The property was previously rezoned by the City 10 years ago to include R1/PUD, PF Public Facilities, and OS Open Space, zones. A previous subdivision map approved for the property has expired.

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City of Gonzales

COMMUNITY ENGAGEMENT & STRATEGIC

PARTNERSHIPS

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: June 20, 2022
FROM: Carmen Gil, Community Engagement & Strat. Partnership Dir.

THROUGH: Mark Hartunian, Assistant City Manager
SUBJECT: Community Engagement and Strategic Partnership Activity Report Gonzales Youth Council

1. The Gonzales Youth Council continued to meet regularly until the last week of school (June 6th).

They seemed to get busier at the end of the school year once they had a concrete plan in place and decided to focus on the mental health project. They organized an outreach plan. This was a follow up to the mental health survey that was conducted back in 2020. Working with their advisors and Dr.

Jennifer Lovell from CSUMB, the GYC worked to put together the 2nd irritation of the survey. They determined they would conduct outreach both in person and through an online survey. In person, they got their peers to complete the survey by tabling at the high school during the lunch hour. Virtually, they sent out the survey link and got students to complete it online. For those who participated, they were able to raffle off a few gift cards as incentives. The GYCers took pride in their work and were able to get a good response back.

3. Once the survey is complete, GYCers will work with the CSUMB team to analyze the data and compare the new results to the previous survey. The results will then be shared with the appropriate parties.

AGENDA
ITEM
8 Packet Pg. 21
Community Health Workers (CHWs)

1. The Community Health Care Worker (CHW) program continues to be an exceptional program for us.

The CHWs have started supporting the completion of medical applications in addition to continuing with the COVID-19 testing, food distribution, and vaccine support.

2. In June, our program will be spotlighted by the County through their VIDA social media sites and their electronic newsletter. Our program continues to lead and be on the forefront of County COVID19 resiliency and support.

3. The CHWs are now testing at the Gonzales School District Technology classroom on Mondays, Tuesdays, Wednesdays, and Fridays from 2pm-5pm. They are seeing an increase in testing demand and a slight increase in positive case rates, but they continue to do their due diligence and support the community as much as they can, by providing resources and quarantine support to those that do test positive.

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City of Gonzales

POLICE DEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: June 20, 2022
FROM: Keith Wise, Chief of Police
THROUGH: Mark Hartunian, Assistant City Manager
SUBJECT: May 2022 Activity Report
Crime and Arrests
The Gonzales Police Department investigated 25 Part I Crimes (Homicide, Robbery, Theft, Burglary, Rape, Assault and Motor Vehicle Theft) during the month of May 2022. During the same time last year, there were 14 Part I Crimes investigated.

During the month of May 2022, Officers made 15 arrests. During the same time last year, there were a total of 9 arrests.

Calls for Service
The Department responded to 582 calls for service in May 2022. There were 85 crime, accident, and information reports taken during the month.

Animal Control
During the month of May 2022, the Animal Control Officer (ACO) provided the following services:

Animal
Control
Trapped/Stray Dead Injured Bite Cases Returned to
Owner
Transported
to the SPCA
Cats 1 2 0 0 0 0
Dogs 0 0 0 0 3 2
Total = 1 2 0 0 3 2
Significant Cases
AGENDA
ITEM
9 Packet Pg. 23
Although the Police Department responded to 582 calls for service during the month of May 2022, the most significant cases involved 25 Part I crimes. 0 - Rape, 0 -Robbery, 9 -Assault, 2 -Burglary, 13 - Larcenies, and 1 -Stolen Motor Vehicle Thefts.

Training
The Department continues to conduct in-house training.

Animal Control Officer Zepeda completed specialized training on May 23 – May 27, 2022 in San Jose.

I attended the Monterey County Chief’s Training Seminar on May 22 – May 25, 2022, in Paso Robles.

Other
Corporal Cordoba and Captain Mendoza, in collaboration with the Monterey County Health Department, provided a Pedestrian Safety Presentation at the Crayon Creek Townhomes on May 5, 2022.

The Police Department held Officer Candidate interviews on May 18th at the Police Department.

Corporal Cordoba participated in the “Walking School Bus” from Central Park to La Gloria School on May 17, 2022.

On May 20, 2022, Corporal Castillo and Officer Perez provided a Safety Presentation for the Gonzales Pre-School students.

The Gonzales Police Department, in collaboration with the Monterey County Health Department, hosted a four-day Helmet Fitting, Inspection, and Distribution event in front of the Police Department on May 23, 2022 – May 26, 2022. Approximately 100 Gonzales children received helmets.

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City of Gonzales

PUBLIC WORKS / CITY ENGINEER DEPARTMENT

BUILDING PROJECTS

1. Community Center Complex Project – Group 4 Architects completed the “Design Criteria” documents in April 2022. The Design Criteria package is comprised of 98 drawings, a Program Summary and Systems Criteria Narratives, and Technical Specifications. These materials will be used in the Request for Proposals to the three shortlisted Design/Build teams. At the 5/31/2022 Council Meeting, a Special Mailed Ballot Election was approved for voters to consider increasing the City’s Transactions and Use Tax (Sales Tax) on 8/30/2022.

2. Emergency Generator Replacements – The City received a $150,000 grant from Cal OES in 2021 to replace the emergency generators at City Hall and the Police Station. Staff and a consultant engineer prepared bid documents that were issued for public bid in December 2021, and seven bids were submitted at the 1/27/2022 bid opening. At the 2/07/2022 City Council meeting, a $175,000 contract with Alltech Services (low bidder) was approved. The contract has been executed, a kick-off meeting was held on 3/02/2022 and the generators were ordered on 3/07/2022 with an expected ship date in late July 2022.

3. Radio repeater –The radio repeater authorized by the Council in November 2021, was installed on the roof of the Fire Station in April 2022, and Gonzales Fire Department staff programmed the handheld radios for Public Works field personnel’s use.

WASTEWATER PROJECTS
Industrial Wastewater (IW) System/Reclamation Plant – Dudek is wrapping up the final design for the IW Conveyance and Treatment Facility contracts. Staff and the City Surveyor are finalizing the temporary and permanent easements needed for the project. On 5/03/2022 and 5/25/2022, staff met with the State AGENDA
ITEM
10 Packet Pg. 25
Water Resources Control Board staff and discussed status of their review of the City’s State Revolving Fund loan application.

WATER PROJECTS

1. Equip Well 7 Project – On 4/07/2022, we received the permit to operate the Well from the State Drinking Water Division staff. Final step to operate the Well is completing the electronic and remote controls which involves the City IT vendor (Alvarez Technology), City’s SCADA vendor (FRM), the electrical subcontractor (Varni Electric), and the SCADA/Controls supplier (Tesco).

2. Alpine Court Water/Sewer Service – Grant agreements with the State Water Resource Control Board (SWRCB) to fund the preliminary and final design of extending water and sewer service from Gonzales River Road to Alpine Camp were approved at the 7/06/20 City Council meeting. On 12/14/2021, Schaaf & Wheeler submitted the 60% plans, specifications, and cost estimate for review.

Staff is holding bi-weekly progress meeting with SWRCB staff.

ROADWAY PROJECTS

1. Slurry Seal Contract – Staff issued this project for bid on 5/16/2022; bids were opened on 6/09/2022; and the award of contract is on this evening’s meeting agenda.

2. Gonzales River Road Bridge Rehabilitation (Monterey County) – On 12/03/2021, staff issued a letter of comments to County staff on the draft Initial Study/Mitigated Neg Dec for County consideration.

3. Staff requested a meeting with County staff and the Consultant Design Manager to discuss our concerns with the 18-month closure of the bridge while construction takes place

DEVELOPMENT PROJECTS

1. Vista Lucia Development (City’s Sphere of Influence - East of US 101). a. City staff reviewed the Admin Draft #1 and Admin Draft #2 of the SEIR and provided comments to the Community Development Director.
b. City staff is holding bi-weekly zoom meetings with Pembrook Development and their consultants.
c. Psomas developed a capital program of improvements to convey sewage from the SOI to the City WWTP for treatment, and provided the draft technical memo in mid-November for staff’s review.

Final Technical Memorandum was submitted in April 2022. d. Staff and our on-call Traffic Engineer met with Caltrans District 5 staff on 6/10/2021 to discuss the process of a Project Study Report/Project Development Support (PSR-PDS). Staff will issue a Request for Proposals to engage a transportation engineer to prepare the PSR-PDS documents. e. On 3/28/2022, staff met with Monterey County PW staff and discussed the applicant’s preliminary offsite roadway design. Staff sent follow-up emails to County staff on 5/05/2022 and 6/14/2022, and have not received a response.

2. Puente Del Monte Development (City’s Sphere of Influence - East of US 101) – The applicant submitted a revised Specific Plan on 4/05/2022 for City’s review.

Packet Pg. 26

OTHER PROJECTS

1. Skate Park Improvements – Phase two of improvements to the skate park will be funded by the 2018 Parks Bond Act. On 3/03/2022, staff received the executed grant agreement with the State Department of Parks and Recreation. American Ramp Company provided a revised scope and cost for the improvements due to an increase in costs over the last year.

2. Assessment Districts – Harris & Associates prepared the Engineer Reports for the FY2022-2023 Assessment Districts and the public hearing is scheduled for the 6/20/2022 Council meeting.

3. GIS – City staff continues to work on a GIS mapping system by inputting field data for water, sewer and storm drainage systems. Our water and wastewater consultants are using the GIS to develop capital improvement projects to serve the proposed development projects in the SOI. We hold monthly coordination meetings with a GIS Consultant.

4. FEMA Flood Map Updates – Over the two years, FEMA and their consultants have been remapping seven watersheds in the Gabilan Mountains in the vicinity of South Salinas, Chualar, Gonzales and Soledad to update their Flood Maps. Preliminary flood insurance maps were released for public review on 10/21/2021. At the 12/06/2021 City Council meeting, City staff made a presentation on this effort along with a letter to be sent to FEMA with our comments and questions on their mapping effort. A 90-day appeal period began on 5/12/2022.

5. City Construction Standards – As approved at the 8/16/2021 City Council meeting, MNS Engineers is preparing new construction standards. MNS submitted draft standards for City staff review on 1/31/2022.

6. Microgrid Project – Staff has been coordinating with Concentric Power and Sage Energy (Program Manager) on various elements of the project. Staff participates in biweekly coordination meetings.

PUBLIC WORKS OPERATIONS AND MAINTENANCE

WASTEWATER
Pictured above is one of our staff changing the doorknob at the WWTP generator room.

Staff continues to perform daily testing and inspections at the treatment plant. Staff performs weed abatement and rodent abatement. Staff regularly cleans lift stations to keep them running. Staff has had three sewer issues this month- two clogs on Alta Street. Staff was able to clear them with the Vac Con truck, the third was a clean out on Zinfandel Drive. A resident phoned City Hall to report a broken water main. When staff arrived, we found that it was a sewer clean out that had blown off. Staff quickly turned off Sunrise lift station to prevent more water in the street. Staff blocked storm drains, cleaned, and sanitized the street. West Valley arrived within 20 minutes to repair the pipe and we had minimal loss of water and recovery was quick.

Packet Pg. 27
WATER
Staff has prepared the pool for the summer season. The pool passed inspection with the County on May 24th. The County commented that we have one of the nicest pools they have seen. The pool heater is on the fritz and is being repaired.

Staff continues to replace dead meter registers and fine tune the meter reading process. We had another water leak on Brockman drive. West Valley was called to repair it.

STORM WATER
Staff continues to perform inspections and testing. Staff trains regularly for illicit discharges.

PARKS → CANYON CREEK & MEYER PARKS
Due to Graduation season, Public Works contributes to the celebrations by placing “Congrats Grads 2022” at Central Park. Many residents enjoy this as they can use the sign as photo props. Roverto Zavala is the talented Public Works employee who cuts out the wood for this sign to be made possible.

Staff installing fencing for softball.

GOVERNMENT BUILDING
Pictured below are Curtis and Roverto doing some patch work at the City Hall Parking Lot after having Trini’s Plumbing fix some major plumbing issues at the City Hall Break Room. Public Works staff not only clean City buildings, but maintain structure.

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STREETS
New hire Frankie Nava, does some skirting and weed abatement on Minor Alta to beautify our Gonzales streets.

Pictured below are Martin Espinoza and David Martinez continue to beautify Gonzales streets by restriping parking stalls where needed throughout the City of Gonzales.

PLANNING
Public Works Director/City Engineer continues to work on the Capital Improvement Project Plan, the Pavement Management Plan, the needed upgrades to the Wastewater Treatment Plant, and the Community Center.

TRAINING
Staff celebrated Public Works Week with the South County Cities of Soledad, and City of King. Thanks to Soledad for hosting a BBQ and safety training round table. It was great to get feedback from the crews on the types of safety training we need.

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City of Gonzales

PARKS & RECREATIONDEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: June 20, 2022
FROM: Carmen Gil, Community Engagement & Strat. Partnership Dir.

THROUGH: Mark Hartunian, Assistant City Manager
SUBJECT: Activity Report
Current Activities

1. May has been a busy month for the Kid Power Academy. Wrapping up the after-school program while getting ready for Summer Camp has been a feat. The after-school program ends on June 9th with the culmination of the 21/22 school year. A total of 52 students participated and staff is currently preparing the curriculum and activities for the Kid Power Summer Academy, which is currently open for registration.

2. Advertising for summer camp staff is also out and our coordinator is currently interviewing and hiring to ensure the necessary personnel is on board and ready to go as camp opens June 20th. Some of the activities that will take place this year in camp will be….

3. The City of Gonzales has also begun its co-ed softball season. This year the demand greatly increased from prior years. This year 11 teams were formed for a total of 155 participants. Games will take place Monday through Thursday starting mid-June. Everyone is excited to get out and begin the season and we are excited to see an increase in interest in the sport.

4. The South County Girls Softball League wrapped up at the end of May. Overall, the season was successful and there is more interest in the sport locally. Throughout the year our Sports Coordinator plans to conduct softball clinics to continue skill building and encouraging participation so that with increased interest we will be able to build more teams for the division next year.

5. In June, we will also be starting our flag football league. There are three divisions that have been created for a total of 57 participants. Games will be Thursday s and Friday and they start in mid-June.

AGENDA
ITEM
11 Packet Pg. 30

6. Our City Aquatics program are also going live in early June; thus, all the planning and preparation is currently underway. All the necessary staff is being interviewed and hired, all the equipment is being ordered and the online and advertisements for each program are being put out. There is a lot of interest in our swim lessons and our pool parties. This year we are also instituting a senior swim time to engage and encourage our senior citizens to participate in water exercises.

Activities in Planning

1. Staff will be supporting some of the Fourth of July activities this year. The yearly run is also being sponsored and connected to our 75th Anniversary activities and our Fire Department will continue to organize and support the Fourth of July Parade. Activities will begin at 7am with the 5K run registration. At 11:00am the parade will begin and end at Central Park and then the celebration will take place from 12pm-5pm.

2. City Soccer registration will be out mid-August for those ages 2-14. Staff is working up the details for the program and determining the schedule.

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RESOLUTION NO. 2022-39

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES IN HONOR AND RECOGNITION OF CITY MANAGER RENE L. MENDEZ FOR HIS DEDICATED SERVICE TO THE

CITY AND CITIZENS OF GONZALES
WHEREAS, in 2005, the Gonzales City Council entered into an agreement with Rene L. Mendez for City Manager/Redevelopment Agency Executive Director services, unaware of the significant long-term impact this decision would have on the City; and
WHEREAS, employing innovation and creative leadership over his unprecedented 17 year term as City Manager, Mendez has presided over a staggering list of noteworthy firsts, changes, and events in the City, including but most certainly not limited to attracting major new agricultural interests to the Gonzales Industrial Business Park; construction of a new Police Station; construction and/or installation of a variety of much needed public improvements, including the Alta Street renovation, lighting and equipment at parks, and the community swimming pool renovation; the procurement and distribution of free internet hotspots to residents throughout the City and neighboring communities; initiation of an innovative partnership with the Gonzales Unified School District and the establishment of the much-envied Gonzales Youth Council; a host of health care efforts that resulted in improved living conditions throughout the City and national recognition when the City received the prestigious Culture of Health Prize from the Robert Wood Johnson Foundation; establishment of the award-winning Gonzales Grows Green (“G3”) economic program; and crystallization of the meaning and values embraced by the community through the “Gonzales Way” initiative; and WHEREAS, Rene’s tenure with the City has also included successful navigation through turbulent economic periods and unprecedented challenges, to which he responded with the clear, thoughtful and decisive action that has been the hallmark of his service to the City, including proposing and championing two tax measures that helped the City maintain financial stability; efforts involved with the orderly dissolution of the City’s Redevelopment Agency; and his tireless, groundbreaking efforts during the COVID-19 Pandemic to protect the City’s residents, resulting in a remarkable 100% City vaccination rate and the dissemination of food, diapers, and financial and other forms of support to individuals and businesses adversely impacted by the pandemic; and
WHEREAS, Rene has dedicated countless hours to representing the City of Gonzales through membership in a variety of county-wide entities, having served on the boards of the Community Foundation for Monterey County, United Way Monterey County, Hartnell College Foundation, Central Coast Community Energy, and as a founding member of the Monterey Bay Economic Partnership, and as a result of such service, has established the visibility, credibility and effectiveness of Gonzales as a leader in regional, State and national interests; and WHEREAS, while Rene’s outstanding work ethic and dedication have earned him the respect of the Gonzales community and staff, as well as his local and statewide peers, he is also known for his sense of humor, compassion and willingness to support his directors, assistants, and elected and appointed officials, and willingness to give his time to a wide variety of causes and organizations in the City, including his work with the Gonzales Rotary Club and several years of coaching girls’ tennis at Gonzales High School; and
WHEREAS, in addition to his work for the City, Rene has maintained his relationships with his beloved wife Martha (who has also made significant contributions to the community), and his two sons, Alejandro and Gabriel, to whom the community owes a debt of gratitude for graciously allowing the City to consume so much of Rene’s time and energy during close to two decades of work on behalf of the City.

NOW THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Gonzales takes great pride and pleasure in drawing special attention to the accomplishments of Rene L. Mendez and the indelible history he has created with the City, and through this resolution, does hereby honor, commend and congratulate Rene L. Mendez for his exemplary service to the citizens of Gonzales, and wishes him well as he moves on to new challenges.

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

AYES: COUNCIL MEMBERS: Mayor Pro Tem Scott Funk, Liz Silva, Lorraine Worthy, Paul Miller, and Mayor Jose L. Rios
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Jose L. Rios, The Honorable Mayor
ATTEST:

Mary Villegas, Deputy City Clerk
AGENDA
ITEM
Packet Pg. 32
Attachment: Resol 22-39 (2466 : Ratify Resolution No. 2022-39 Recognizing Rene L. Mendez) 12 City of Gonzales

PUBLIC WORKS / CITY ENGINEER DEPARTMENT

RECOMMENDATION
It is recommended that the City Council Adopt Resolution No. 2022-20, A Resolution of the City Council of the City of Gonzales Awarding the Slurry Seal Project to VSS International, Rejecting All Other Bids, And Authorizing Execution of Contracts with VSS International in the amount of $380,000, and with MNS Engineers in the Amount of $30,000 for Construction Management and Inspection Services.

BACKGROUND
A slurry seal is a preventive roadway maintenance treatment that involves the application of a mixture of water, asphalt emulsion, aggregate (very small crushed rock), and additives to an existing pavement surface. Applying a slurry seal protects streets from water penetration, provides a new surface with improved skid-resistance, and extends the life of the pavement.

Using the City’s Pavement Management Report prepared in 2020 that included a visual inspection of each street in the city, staff developed a list of streets to be included in this Slurry Seal Contract. Street in the Canyon Creek, California Breeze and Cipriani Subdivisions are included with several city streets west of US 101.

Construction documents (plans, technical specifications, and cost estimate) for the Slurry Seal Contract were prepared by MNS Engineers. The scope of work for the slurry seal consists of surface preparation, crack seal, traffic control, application of the slurry seal, and replacement of traffic striping and markings.

MNS staff estimated the project cost at $354,450.

REVIEW & ANALYSIS
AGENDA
ITEM
13 Packet Pg. 33
This project was issued for public bid on May 16 and construction documents were provided to the Central Coast Builders Exchange in Salinas and the Santa Clara/San Benito County Builders Exchange for review by interested contractors. On June 9, City staff received and opened bids from the following contractors:

BIDDER BID AMOUNT
1 VSS International $326,000
2 Pavement Coatings Company $351,500
City staff reviewed the two bids and determined that the lowest responsive and responsible bid was submitted by VSS International. Therefore, staff is recommending the City Council award the construction contract for this project to VSS International and that the City Council reject the other submitted bid.

This contract will be funded with a combination of city street funds, assessment district funds, Measure K and RSTP funds from the Transportation Agency for Monterey County. The funding summary is as follows:

Source of Funds for Construction Amount
Canyon Creek Assessment District $140,000
California Breeze Assessment District $75,000
Cipriani Subdivision Assessment District $50,000
City Street Fund $25,000
City Measure K Contribution $50,000
TAMC RSTP Funds $40,000
Total = $380,000
The contributions from the Assessment Districts will come from the reserves of the respective assessment districts. The RSTP funds from the Transportation Agency for Monterey County were identified after the project was issued for bid and city staff will coordinate with the contractor to add several streets west of US 101 to their scope of work.

Based on the available funding including the addition of the TAMC RSTP Funds, staff recommends that the Council authorize a contract with VSS International for the not-to-exceed amount of $380,000 for the Slurry Seal Project.

The schedule for the work is as follows:

Milestone Date
Award Construction Contract at City Council Meeting June 20 Construction Contract Executed June 30
Preconstruction Meeting / Notice to Proceed July 7
Contractor Mobilization (approx.) July 20
Construction Complete August 30
Packet Pg. 34
MNS Engineers provided the attached letter proposal for providing Construction Management and Inspection Services on the project and staff recommends the Council authorize a $30,000 consultant agreement with MNS Engineers.

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: Performing maintenance on city streets supports our vision of preserving the city’s 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. X Yes ____ No____ N/A
Explain: Maintaining the city’s street network enhances the community’s quality of life.

City services will be delivered in a cost-effective, respectful and friendly manner to insure the safety and well being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. X Yes ____No ____ N/A Explain: See Vision explanation above.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes ____ No ___ N/A
• Housing X Yes ____ No ___ N/A
• Recreation X Yes ____ No ___ N/A
• Environment X Yes ____ No ___ N/A
• Education X Yes ____ No ___ N/A
Explain: See Vision above.

ALTERNATIVES

1. Direct staff to not construction this project.

2. Direct staff to re-advertise and re-bid the project.

3. Amend or modify staff recommendation.

BUDGET IMPACT
As mentioned, the contract will be funded with a combination of City street funds, assessment district funds, City Measure K contribution and RSTP funds from the Transportation Agency for Monterey County.

CONCLUSION
It is recommended that the City Council Adopt Resolution No. 2022-20, A Resolution of the City Council of the City of Gonzales Awarding the Slurry Seal Project to VSS International, Rejecting All Other Bids, Packet Pg. 35
And Authorizing Execution of Contracts with VSS International in the amount of $380,000, and with MNS Engineers in the Amount of $30,000 for Construction Management and Inspection Services.

Attachments:

1. Resolution No. 2022-20

2. Slurry Seal Plan Set

3. MNS Engineers Letter Proposal for Construction Management and Inspection Packet Pg. 36

Page 1 of 2 ends

RESOLUTION NO. 2022-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

AWARDING THE SLURRY SEAL PROJECT TO VSS INTERNATIONAL,

REJECTING ALL OTHER BIDS, AND AUTHORIZING EXECUTION OF
CONTRACTS WITH VSS INTERNATIONAL IN THE AMOUNT OF $380,000, AND WITH MNS ENGINEERS IN THE AMOUNT OF $30,000 FOR CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES
WHEREAS, staff issued the Slurry Seal Project for bid on May 16, 2022; and WHEREAS, on June 9, 2022 the City received two bids for the project, as follows:

BIDDER TOTAL
1 VSS International $326,000
2 Pavement Coatings Company $351,500
WHEREAS, staff determined that VSS International provided the lowest responsive and responsible bid, and that VSS International is qualified to undertake the proposed work and willing to perform the same on a timely basis; and
WHEREAS, funding for this project will come from a combination of city street funds, assessment district funds, city Measure K contribution and RSTP funds from the Transportation Agency for Monterey County; and
WHEREAS, MNS Engineers submitted a proposal to provide Construction Management and Inspection Services on the project and staff recommends the Council authorize a $30,000 consultant agreement with MNS Engineers.

NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Gonzales that VSS International submitted the lowest responsive and responsible bid for work associated with the Slurry Seal Project, that the City accepts VSS International bid and that the construction contract is hereby awarded to the VSS International, All other bids are rejected, and the City Manager is directed to notify all other bidders in writing of the City’s decision.

BE IT FURTHER RESOLVED that the City Manager is authorized and further directed to prepare and execute the appropriate contracts with VSS International in the amount of $380,000 and MNS Engineers in the amount of $30,000.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 20th day of June 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCIL MEMBERS:

Packet Pg. 37
Attachment: Resolution No. 2022-20 (2457 : Resolution No. 2022-20 Award Slurry Seal Project to VSS International)

Page 2 of 2 ends

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_______________________________
Jose L. Rios, The Honorable Mayor
ATTEST:
__________________________
Mary Villegas, Deputy City Clerk
Packet Pg. 38
Attachment: Resolution No. 2022-20 (2457 : Resolution No. 2022-20 Award Slurry Seal Project to VSS International)

PERCOLATION POND STATE PERCOLATION POND PERCOLATION POND PONDS PERCOLATION

PERCOLATION POND
C:\Box\Projects\CIGON Gonzales\CIGON.190461.05 2021 Slurry\2 Eng\!CAD\2 Sheets\CIGON.190461.05 2021 Slurry Improvements.dwg Wed 11.May.22 03:25:50 PM E N G I N E E R I N G | S U R V E Y I N G
C O N S T R U C T I O N M A N A G E M E N T ENGINEERS INC 201 Industrial Way Buellton, CA 93427 Phone: 805-688-5200 www.mnsengineers.com OF SHEET NUMBER 1 SCALE:
0 2 THIS BAR IS 2 INCHES AT FULL SCALE. IF NOT 2 INCHES, THEN SCALE ACCORDINGLY. 1/2 DRAWING NUMBER 1 5 NOT TO SCALE C-1 SLURRY SEAL & CRACK TREATMENT SHEET INDEX MAP 2021 ROAD MAINTENANCE PROJECT CITY OF GONZALES SHEET 2 SHEET 3 SHEET 4 SHEET 5 Packet Pg. 39 Attachment: Slurry Seal Plan Set (2457 : Resolution No. 2022-20 Award Slurry Seal Project to VSS International)

PERCOLATION POND

PERCOLATION POND
C:\Box\Projects\CIGON Gonzales\CIGON.190461.05 2021 Slurry\2 Eng\!CAD\2 Sheets\CIGON.190461.05 2021 Slurry Improvements.dwg Wed 11.May.22 03:25:50 PM E N G I N E E R I N G | S U R V E Y I N G
C O N S T R U C T I O N M A N A G E M E N T ENGINEERS INC 201 Industrial Way Buellton, CA 93427 Phone: 805-688-5200 www.mnsengineers.com OF SHEET NUMBER 1 SCALE:
0 2 THIS BAR IS 2 INCHES AT FULL SCALE. IF NOT 2 INCHES, THEN SCALE ACCORDINGLY. 1/2 DRAWING NUMBER 2 5 1" = 250' C-2 SLURRY SEAL & CRACK TREATMENT SITE 1 2021 ROAD MAINTENANCE PROJECT CITY OF GONZALES Packet Pg. 40 Attachment: Slurry Seal Plan Set (2457 : Resolution No. 2022-20 Award Slurry Seal Project to VSS International)

PERCOLATION POND PONDS PERCOLATION
C:\Box\Projects\CIGON Gonzales\CIGON.190461.05 2021 Slurry\2 Eng\!CAD\2 Sheets\CIGON.190461.05 2021 Slurry Improvements.dwg Wed 11.May.22 03:25:50 PM E N G I N E E R I N G | S U R V E Y I N G
C O N S T R U C T I O N M A N A G E M E N T ENGINEERS INC 201 Industrial Way Buellton, CA 93427 Phone: 805-688-5200 www.mnsengineers.com OF SHEET NUMBER 1 SCALE:
0 2 THIS BAR IS 2 INCHES AT FULL SCALE. IF NOT 2 INCHES, THEN SCALE ACCORDINGLY. 1/2 DRAWING NUMBER 3 5 1" = 250' C-3 SLURRY SEAL & CRACK TREATMENT SITE 2 2021 ROAD MAINTENANCE PROJECT CITY OF GONZALES Packet Pg. 41 Attachment: Slurry Seal Plan Set (2457 : Resolution No. 2022-20 Award Slurry Seal Project to VSS International)

PONDS PERCOLATION
C:\Box\Projects\CIGON Gonzales\CIGON.190461.05 2021 Slurry\2 Eng\!CAD\2 Sheets\CIGON.190461.05 2021 Slurry Improvements.dwg Wed 11.May.22 03:25:50 PM E N G I N E E R I N G | S U R V E Y I N G
C O N S T R U C T I O N M A N A G E M E N T ENGINEERS INC 201 Industrial Way Buellton, CA 93427 Phone: 805-688-5200 www.mnsengineers.com OF SHEET NUMBER 1 SCALE:
0 2 THIS BAR IS 2 INCHES AT FULL SCALE. IF NOT 2 INCHES, THEN SCALE ACCORDINGLY. 1/2 DRAWING NUMBER 4 5 1" = 250' C-4 SLURRY SEAL & CRACK TREATMENT SITE 3 2021 ROAD MAINTENANCE PROJECT CITY OF GONZALES Packet Pg. 42 Attachment: Slurry Seal Plan Set (2457 : Resolution No. 2022-20 Award Slurry Seal Project to VSS International) C:\Box\Projects\CIGON Gonzales\CIGON.190461.05 2021 Slurry\2 Eng\!CAD\2 Sheets\CIGON.190461.05 2021 Slurry Improvements.dwg Wed 11.May.22 03:25:50 PM E N G I N E E R I N G | S U R V E Y I N G
C O N S T R U C T I O N M A N A G E M E N T ENGINEERS INC 201 Industrial Way Buellton, CA 93427 Phone: 805-688-5200 www.mnsengineers.com OF SHEET NUMBER 1 SCALE:
0 2 THIS BAR IS 2 INCHES AT FULL SCALE. IF NOT 2 INCHES, THEN SCALE ACCORDINGLY. 1/2 DRAWING NUMBER 5 5 1" = 400' C-5 SLURRY SEAL & CRACK TREATMENT SITE 4 2021 ROAD MAINTENANCE PROJECT CITY OF GONZALES Packet Pg. 43 Attachment: Slurry Seal Plan Set (2457 : Resolution No. 2022-20 Award Slurry Seal Project to VSS International) 111 N. Market Street, Suite 440
San Jose, CA 95113
Ph 408.610.4202
City of Gonzales
Attention: Patrick M. Dobbins, PE
Public Works Director/City Engineer
City Hall
Gonzales, CA 93926
SUBJECT: Proposal for Slurry Seal CM and Inspection
Dear Mr. Dobbins:

Thank you for the opportunity to provide this proposal for assisting the City with Slurry Seal CM and Inspection Services
Project Understanding
The City of Gonzales is interested in services to assist the City with the construction management and inspection services during the construction of the Slurry Seal Construction Contract Scope of Work
MNS proposes to perform the following services:
1) MNS will provide Contract Administration
2) MNS will provide Construction Inspection
3) MNS will review Contractor Submittals
4) MNS will provide Photo Documentation
5) MNS will review and recommend Progress Payments
6) MNS will provide Construction Reports
7) MNS will measure Construction Quantities
8) MNS will track Extra Work
9) MNS will coordinate with City Materials Testing Firm 10) MNS will prepare a Punch List
Compensation
Based on our understanding of the requirements, we have estimated that the following fee will be required for this scope of services. It should be noted that this is a preliminary opinion only and is provided on a time and materials basis, however we will not exceed the fee without confirmation in writing from the City.

Time and Materials $ 28,800
Conclusion
We look forward to working with the City of Gonzales. Please feel free to contact Paul Greenway with any questions you may have about our proposal at 831.400.8964 or [email protected] or me at 805.331.4848 or [email protected]
Sincerely,
MNS Engineers, Inc.

Jeff Edwards
Vice President
Government Services Division
June 13, 2022
Packet Pg. 44
Attachment: MNS Engineers Letter Proposal for Construction Management and Inspection (2457 : Resolution No. 2022-20 Award Slurry Seal 13-Jun-22
Principal EngineerSupervising EngineerConstruction Inspector 1 –CM and Inspection
Construction Inspector 144.0 144.0 $21,600
Principal Engineer/Principal CM 30.0 30.0 $7,200
Hours 30.00 144
Cost $7,200 $0 $21,600
174.0
TOTAL
Total Resource HoursTotal Resource Costs
$ 28,800
$240 $200 $150
City of Gonzales
CM and Inspection
6/14/2022 Packet Pg. 45
Attachment: MNS Engineers Letter Proposal for Construction Management and Inspection (2457 :

City of Gonzales

PUBLIC WORKS / CITY ENGINEER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: June 20, 2022
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Mark Hartunian, Assistant City Manager
SUBJECT: Resolution No. 2022-40 Authorizing Execution of Contract Amendment No.2 with Swinerton Management & Consulting for Program Management Services for the Community Center Complex Project

RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2022-40, A Resolution of the City Council of the City of Gonzales Authorizing Execution of Contract Amendment No. 2 with Swinerton Management & Consulting for Program Management Services for the Community Center Complex Project During FY 2022-2023 in the Amount of $700,000.

BACKGROUND
As the Council is aware, the Community Center Complex will be comprised of the following elements on the 3.7 acre site at Fifth Street/Gabilan Court:

1. A Community Center, with a large multi-purpose room, indoor/outdoor stage, flexible meeting rooms, restrooms, offices, and a kitchen.

2. Relocated Monterey County branch library from the Gonzales Shopping Center.

3. A Teen Innovation Center.

4. Center courtyard with small amphitheater, on-site parking, landscaping, and areas for outdoor activities.

Swinerton Management & Consulting (Swinerton) was selected to provide Program Management and Construction Management Services through a Request for Qualifications solicitation in March and April 2021. A Professional Services Agreement with Swinerton was authorized at the May 3, 2021 Council Meeting for the period of May 2021 through June 30, 2022.

AGENDA
ITEM
14 Packet Pg. 46
At the July 19, 2021 Council meeting, Contract Amendment No. 1 was authorized with Swinerton for preparation of the Design Criteria documents by Group 4 Architecture. The Design Criteria documents were completed in April 2022.

REVIEW & ANALYSIS
Swinerton’s efforts during the upcoming fiscal year will include:

1. Finalize and issue the Request for Proposal to the three short-listed Design/Build teams

2. Coordinate with city staff during the Request for Proposal phase

3. Coordinate with USDA on a long term loan for the project

4. Submit additional grant applications

5. Update project schedule and budget documents as needed

6. Coordinate with Monterey County library staff including details on lease agreement

7. Regularly meet with city staff and city’s finance advisor (NHA) Swinerton’s amendment includes $50,000 for Group 4’s involvement during the Design/Build Request for Proposal phase and during the design phase after a Design/Build team has been selected.

The total authorization under Swinerton’s Program Management contract is presented in this table:

Original Authorization $700,000
Contract Amendment #1 $370,000
Contract Amendment #2 $700,000
New Total Authorization $1,770,000
Staff is recommending that the City Council authorize the attached contract amendment with Swinerton.

Explain: Constructing a Community Center will provide residents with a facility for various public and private functions, recreation programs and other activities which will enhance the quality of life of Gonzales residents.

City services will be delivered in a cost-effective, respectful and friendly manner to insure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. X Yes ____No ____ N/A Explain: See Vision explanation above.

Packet Pg. 47
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

ALTERNATIVES

1. Direct staff to seek additional proposals for this work

2. Do not authorize the use of a consultant to develop the “Design Criteria” for the Community Center Project.

3. Amend or modify staff recommendation.

BUDGET IMPACT
This amendment to Swinerton’s contract will be funded by Measure X and other monies that comprise the funding for the Community Center Complex Project.

CONCLUSION
It is recommended that the City Council adopt Resolution No. 2022-40, A Resolution of the City Council of the City of Gonzales Authorizing Execution of Contract Amendment No. 2 with Swinerton Management & Consulting for Program Management Services for the Community Center Complex Project During FY 2022-2023 in the Amount of $700,000.

Attachments:

1. Resolution No. 2022-40

2. Swinerton Amendment No.2
Packet Pg. 48
RESOLUTION NO. 2022-40

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES AUTHORIZING EXECUTION OF CONTRACT AMENDMENT #2 WITH

SWINERTON MANAGEMENT & CONSULTING FOR PROGRAM

MANAGEMENT SERVICES FOR THE COMMUNITY CENTER COMPLEX
PROJECT DURING FISCAL YEAR 2022-2023 IN THE AMOUNT OF $700,000 WHEREAS, the Community Center Complex will be comprised of a Community Center, a Monterey County Branch Library, and a Teen Innovation Center; and WHEREAS, on May 3, 2021, the City Council authorized a contract with Swinerton Consulting for Program/Construction Management services to oversee delivery of the Community Center Complex Project through a Design/Build process with an initial fee of $700,000; and WHEREAS, on July 19, 2021, the City Council authorized Contract Amendment #1 with Swinerton Consulting for preparation of the Design Criteria documents to be used in the Request for Proposals to the top three Design/Build teams; and
WHEREAS, on May 2, 2022, Swinerton provided a letter proposal to City staff outlining the expected Program Management Services during Fiscal Year 2022-2023 with an estimated fee of $700,000; and
NOW THEREFORE BE IT HEREBY RESOLVED, by the City Council of the City of Gonzales hereby authorizes execution of Contract Amendment #2 with Swinerton Consulting for Program Management Services during Fiscal Year 2022-2023 with an estimated fee of $700,000; increasing their total authorization to $1,770,000.

PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting duly held on the 20th day of June 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Jose Rios, The Honorable Mayor
ATTEST:

Mary Villegas, Deputy City Clerk
Packet Pg. 49
Attachment: Resolution No. 2022-40 (2458 : Resolution No. 2022-40 Authorizing Execution of Contract Amendment No.2 with Swinerton Amendment No. 2 to the Consulting Services Agreement Between City of Gonzales and Swinerton Management & Consulting
For Program/Construction Management Services
on the Gonzales Community Center Complex Project
This is an Amendment to the Consulting Services Agreement dated May 3, 2021, between the City of Gonzales, a municipal corporation of the State of California ("City") and Swinerton Management & Consulting ("Consultant”) regarding Program/Construction Management Services for the Community Center Complex Project.

City and Consultant agree to the following revisions to the Agreement:

Section 1 - Services
Services will now include Program Management efforts during Fiscal Year 2022/23 as outlined in the Swinerton’s May 2, 2022 letter proposal (copy attached) as authorized at the June 20, 2022 City Council Meeting.

Section 2 – Compensation
City will pay Consultant an additional sum of $700,000 on an hourly not-to-exceed basis for the approved scope of work based on the estimated fee and hourly fee schedule presented in Swinerton’s May 2, 2022 letter proposal.

In all other respects, the terms of the Agreement shall remain in effect.

CITY CONSULTANT
City of Gonzales, a municipal corporation Swinerton Management & Consulting _____________________________ _____________________________ Mark Hartunian, Assistant City Manager Jeffery S. Gee
Vice President/General Manager
Date Signed: __________________ Date Signed: __________________ June 14, 2022 Packet Pg. 50
Attachment: Swinerton Amendment No.2 (2458 : Resolution No. 2022-40 Authorizing Execution of Contract Amendment No.2 with Swinerton City of Gonzales

CITY ATTORNEY

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: June 20, 2022
FROM: Michael Rodriquez, City Attorney
THROUGH: Mark Hartunian, Assistant City Manager
SUBJECT: Ordinance No. 2022-131, an Ordinance of the City Council of the City of Gonzales Approving Gonzales Police Department Policy Manual Policy 709- Military Equipment- Introduction, Waiver of Reading and First Reading by Title Only

RECOMMENDATION
• Receive staff report and presentation.
• Questions to staff.
• Open public hearing, receive comments/questions from the public, close hearing. • Consider adoption, waive reading and read by title only Ordinance No. 2022-131, An Ordinance of the City Council of the City of Gonzales Approving Gonzales Police Department Policy Manual Policy 709-Military Equipment.

BACKGROUND
On September 30, 2021, Governor Gavin Newsom signed California Assembly Bill 481 (AB 481) into law. AB 481 adds new Sections 7070 et seq. to the Government Code requiring a law enforcement agency to obtain the approval of its governing body, through the adoption by ordinance of a Military Equipment Use Policy, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The new provisions allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. AB 481 requires the governing body to annually review the policy by ordinance and to either disapprove a renewal of the authorization for a type of military equipment or amend the military equipment use policy if it determines, based on an Annual Military Equipment Report prepared by the law enforcement agency, that the military equipment does not comply with established standards for approval.

AGENDA
ITEM
15 Packet Pg. 51
California Government Code Section 7070 provides a list the of types of equipment that are to be considered “Military Equipment” for purposes of compliance with AB 481. While the Gonzales Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use, it does possess some types of equipment that are listed in Section 7070. Additionally, the Gonzales Police Department participates in regional law enforcement activities, which result in cooperative efforts with other Departments that possess and utilize additional types of equipment that qualify as “Military Equipment” according to the Government Code.

REVIEW AND ANALYSIS
As noted above, AB 481 requires law enforcement agencies to obtain the approval of their governing bodies, by adoption by ordinance of a “Military Equipment Use Policy,” prior to taking certain actions relating to the funding, acquisition, or use of military equipment. AB 481 also requires approval for the continued use of military equipment acquired prior to January 1, 2020. At a minimum, the policy must address the following:

1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions;

2. The purpose and authorized uses for which the law enforcement agency proposes to use each type of military equipment;

3. The fiscal impact of each type of military equipment, including initial acquisition and maintenance costs;

4. The legal and procedural rules that govern each authorized use;

5. The training that must be completed before each type of military equipment can be used in order to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties;

6. The means to ensure compliance with the military equipment use policy; and

7. The procedures by which members of the public may register complaints or concerns or submit questions about the use of specific types of military equipment, and how such complaints and questions will be responded to and/or answered.

Like many other police departments in the State of California and throughout the United States, the Gonzales Police Department utilizes the services of Lexipol LLC for the preparation of its policy manuals, training bulletins and consulting services. Such services are provided on a subscription basis.

Lexipol has provided its member entities with a “Policy-Military Equipment” that is in compliance with the provisions of AB 481. The Department has reviewed the Policy and believes it should be accepted and approved, with some minor variations to reflect local facts and circumstances. (These changes will not affect compliance with the new law.) Staff is now recommending that the City Council review and consider adoption of an ordinance approving Gonzales Police Department Policy Manual Policy 709- Military Equipment. Use of an ordinance for policy adoption, as opposed to a resolution, is mandated by AB 481 as a means of creating a better public forum to discuss the acquisition and use of military equipment.

California Government Code Section 7071(b) requires that the Police Department post its proposed Military Equipment Use Policy to its website at least 30 days prior to any public hearing before the City Council concerning the policy. The Gonzales Police Department does not maintain its own website, but Packet Pg. 52
the policy was posted on the City’s website on April 19, 2022, and has been maintained on the site continuously through today’s date. Such action meets all legal posting requirements.

California Government Code Section 7071(d) stipulates that the City Council shall only approve the Military Equipment Use Policy if it determines all of the following:

1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed Military Equipment Use Policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Once the Policy has been adopted, California Government Code Section 7070(e) establishes that the Police Department is responsible for delivering to the City Council an Annual Military Equipment Report, which the City Council can use to confirm compliance with the Military Equipment Use Policy.

As noted earlier, the Gonzales Police Department has not obtained any equipment from military surplus programs, known as 1033 Programs; does not possess any tactical equipment that it has obtained from the military; and it does not possess any equipment that was designed specifically for military use.

That being said, California Government Code Section 7070 provides a list of sixteen (16) types of equipment that are to be considered “Military Equipment” for the purpose of compliance with AB 481 and the associated California Government Codes (incorporated into Policy Section 709.1.1), and the Police Department does possess and use some of these listed types of equipment.

Equipment types that the Police Department possesses are noted in bold type.

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

Packet Pg. 53

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. a. The Police Department possesses 9 semi-automatic rifles. All of these rifles are standard-issue duty weapons for all Peace Officers, which actually exempts them from this policy per California Government Code Section 7070(c)(10). We have nonetheless included them in this policy in the interests of full transparency. Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: situations where the officer reasonably anticipates an armed encounter; when an officer is faced with a situation that may require accurate and effective fire at long range; situations where an officer reasonably expects the need to meet or exceed a suspect's firepower; when an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage; when an officer reasonably believes that a suspect may be wearing body armor; when authorized or requested by a supervisor. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons. a. The Police Department possesses three (3) 38mm Less Lethal Projectile Launchers. The 38mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), “Military Equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

Packet Pg. 54
Additionally, the Gonzales Police Department receives mutual aid from the Salinas Police Department and the Monterey County Sheriff’s Department. Military equipment used by these Departments in providing mutual aid to the City shall comply with their respective military equipment use policies. The City will provide cross-references to the Military Equipment Use Policies of such jurisdictions on the City webpage.

Pursuant to California Government Code Section 7070(d)(7), the proposed Military Equipment Use Policy also provides the avenues through which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in the policy.

These means include:

1. Via email to: [email protected]

2. Via phone call to: Captain Mendoza 831-675-5010

3. Via mail sent to: Gonzales Police Department
Attn: Military Equipment Use Coordinator
109 4th Street
Gonzales, CA 93926
Based on the foregoing, staff believes that the Proposed Military Equipment Use Policy and the accompanying approving ordinance meet all legal requirements established by AB 481. As such, Staff is recommending that the City Council adopt Ordinance No. 2022-131. Staff notes for the record that as of the date of this report, the City has not received any comment or questions in any format regarding the proposed Policy from members of the public.

ALTERNATIVES
Request additional information before introducing the Ordinance and/or adopting the Policy. This option is not recommended as Staff believes that the Council has all materials necessary to make a determination concerning the Policy. Moreover, adoption of the Military Equipment Policy is time-sensitive.

BUDGET IMPACT
None.

PUBLIC NOTICE REQUIREMENTS
A public hearing was noticed in accordance with applicable law for the second reading and proposed adoption of the ordinance.

CONCLUSION
Staff recommends that City Council waive reading, adopt Ordinance No. 2022-131 regarding adoption of Gonzales Police Department Policy Manual Policy 709- Military Equipment, and read by title only.

Attachments:

1. Ordinance No. 2022-131

2. Proof of Publication - Ordinance 2022-131
Packet Pg. 55
ORDINANCE NO. 2022-131

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GONZALES

APPROVING GONZALES POLICE DEPARTMENT POLICY MANUAL,
POLICY 709- MILITARY EQUIPMENT
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and WHEREAS, Assembly Bill 481 (AB 481), codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy at a regular meeting held pursuant to open meeting laws prior to taking certain actions relating to the funding, acquisition, or use of “military equipment.” The term “military equipment” is defined in California Government Code Section 7070; and
WHEREAS, AB 481 allows the City Council to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations; and WHEREAS, a proposed military equipment use policy is found within Gonzales Police Department Policy Manual, Policy 709-Military Equipment (“Policy 709”); and WHEREAS, the policy was published and displayed on the City of Gonzales website on April 19, 2022, had a public hearing notice concerning its potential adoption published on June 1, 2022, and is being presented to the City Council for adoption on June 20, 2022; WHEREAS, Policy 709 meets the requirements of California Government Code Section 7070; and
WHEREAS, the Council believes that with respect to Policy 709, 1) the identified equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety, 2) the policy will serve to safeguard the public’s welfare, safety, civil rights, and civil liberties, 3) in future instances in which equipment is to be purchased, the equipment will be reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (the City has no plans to seek grants of surplus property in 2022), and 4) corrective action has been taken, as necessary, to ensure that prior nonconforming use of military equipment is in compliance with new policies; and
WHEREAS, by approving Policy 709, the Council will be authorizing the limited use of identified “military equipment” by the members of the Gonzales Police Department, and attendant annual reporting and approval of use of such equipment in accordance with Policy 709; and
WHEREAS, in the enactment of this ordinance, the City followed the guidelines adopted by the State of California and published in the California Code of Regulations, Title 14, Section Packet Pg. 56
Attachment: Ordinance No. 2022-131 (2470 : Adoption of Ordinance No. 2022-131 Military Equipment) 15000, et seq. and found this activity is not a “project” as defined by the California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GONZALES DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. All of the recitals set forth above are true and correct and by this reference are adopted as findings of the City Council as though set forth in full within the body of this ordinance.

SECTION 2. The Council hereby approves City of Gonzales Police Department Policy Manual Policy 709-Military Equipment, a copy of which is attached hereto and by this reference incorporated herein. A copy of approved Policy 709 will be added to the City’s website for continuous access by the Council, staff and the public.

SECTION 3. The City Manager is directed to execute all documents and to perform all other acts necessary to implement this Ordinance.

SECTION 4. If any provision, section, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof, or its application to other persons or circumstances. The City Council hereby declares that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subparagraphs, sentences, clauses or phrases, or the application thereof to any person or circumstance, be declared invalid or unconstitutional.

SECTION 5. This ordinance shall become effective on the thirtieth (30th) day following its passage and adoption hereof.

This ordinance was introduced and read on the 18th day of April 2022, and was finally adopted on the 20th 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. 57
Attachment: Ordinance No. 2022-131 (2470 : Adoption of Ordinance No. 2022-131 Military Equipment) Gonzales Police Department
Policy Manual
____________________________________________________________________________ Military Equipment - 1 Military Equipment
709.1 PURPOSE AND SCOPE
The Gonzales Police Department does not participate in the 1033 Program and has not obtained any military equipment from the military, nor does it possess any equipment that was designed for military use. However, California Government Code § 7071(b) requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing body for approval.

The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of “military equipment” (Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy is provided to fulfill the obligations set forth in Assembly Bill 481. These obligations include but are not limited to seeking approval on specific items deemed to be military equipment and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items.
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – any of a wide variety of items as defined by California Government Code section 7070, subsections (c)(1) through (c)(16) listed below:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handled arm ram designed to be operated by one person, are specifically excluded from this subdivision.

Packet Pg. 58
Attachment: Ordinance No. 2022-131 (2470 : Adoption of Ordinance No. 2022-131 Military Equipment) Gonzales Police Department
Policy Manual
____________________________________________________________________________ Military Equipment - 2

8. Firearms and ammunition of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue weapons and ammunition of less than 50 caliber that are issued to officers, agents, or employees of a law enforcement agency or state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard service-issued handheld pepper spray.

13. TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).

14. Projectile launch platforms and their associated munitions: 40 mm projectile launchers, “bean bag,” rubber bullet, and specialty impact (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

The bold items above are the current recognized specialized “military equipment” purchased and used by the Gonzales Police Department.
709.2 POLICY REQUIREMENTS
California Government Code § 7070(d) describes a Military Use Equipment as a publicly released, written document that includes, at a minimum the following:

1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.

3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Packet Pg. 59
Attachment: Ordinance No. 2022-131 (2470 : Adoption of Ordinance No. 2022-131 Military Equipment) Gonzales Police Department
Policy Manual
____________________________________________________________________________ Military Equipment - 3 Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.

6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. 709.3 POLICY
It is the policy of the Gonzales Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. It is also the policy of the Gonzales Police Department that there are legally enforceable safeguards, including transparency, oversight and accountability measures in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.

The acquisitions of military equipment and its deployment in our communities may impact the public’s safety and welfare. The public has a right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
709.4 MILITARY EQUIPMENT COORDINATOR
The Chief of Police has designated the Police Captain as the Commander to serve as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:

1. Acting as liaison to the City Council for matters related to the requirements of this policy.

2. Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.

3. Conducting an inventory of all military equipment at least annually.

4. Collaborating with any allied agency that may use military equipment within the jurisdiction of the Gonzales Police Department (Government Code § 7071).

Packet Pg. 60
Attachment: Ordinance No. 2022-131 (2470 : Adoption of Ordinance No. 2022-131 Military Equipment) Gonzales Police Department
Policy Manual
____________________________________________________________________________ Military Equipment - 4

5. Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

6. Publicizing the details of the meeting.

7. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.

8. Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).

9. Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 709.5 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying “military equipment” for the Department. See attached:

Military Equipment List
Current
Desired (none at this time)
Other Jurisdictions (Department will provide cross-references to other Policies) 709.6 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code § 7071):

1. Requesting military equipment made available pursuant to 10 USC § 2576a.

2. Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

3. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.

4. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department.

5. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.

6. Soliciting or responding to a proposal for, or entering into an agreement with, any Packet Pg. 61
Attachment: Ordinance No. 2022-131 (2470 : Adoption of Ordinance No. 2022-131 Military Equipment) Gonzales Police Department
Policy Manual
____________________________________________________________________________ Military Equipment - 5 other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.

7. Acquiring military equipment through any means not provided above. 709.7 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.
709.8 ANNUAL REPORT
The Chief of Police or the authorized designee shall submit a military equipment report to the City Council for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). The Chief of Police or the authorized designee shall also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use.

The report shall include the following information for the immediately preceding calendar year as required by Government Code § 7072 for each type of military equipment in department inventory.

1. A summary of how the military equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of military equipment.

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. 709.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Packet Pg. 62
Attachment: Ordinance No. 2022-131 (2470 : Adoption of Ordinance No. 2022-131 Military Equipment) Gonzales Police Department
Policy Manual
____________________________________________________________________________ Military Equipment - 6 709.10 COMPLIANCE
The Gonzales Police Department is committed to responding to complaints, concerns, and questions received in a timely manner. Members of the public wishing to make a complaint, ask a question or express a concern can do so by any of the following means:

1. Via email to: [email protected]

2. Via phone call to: Captain Mendoza 831-675-5010

3. Via mail sent to: Gonzales Police Department, 109 4th Street, Gonzales, CA 93926

4. Via in person by responding to the above address
Packet Pg. 63
Attachment: Ordinance No. 2022-131 (2470 : Adoption of Ordinance No. 2022-131 Military Equipment) Gonzales Police Department
Policy Manual
____________________________________________________________________________ Military Equipment - 7 Attachments
Packet Pg. 64
Attachment: Ordinance No. 2022-131 (2470 : Adoption of Ordinance No. 2022-131 Military Equipment) Gonzales Police Department
Policy Manual
____________________________________________________________________________ Military Equipment - 8 Military Equipment List
Packet Pg. 65
Attachment: Ordinance No. 2022-131 (2470 : Adoption of Ordinance No. 2022-131 Military Equipment) Military Equipment List
March 2022
Less Lethal Weapon
Type less lethal tear/flare Launcher
Description Federal Laboratory Gas Riot Gun Model 203-A. Length 27”, Caliber 1.5 38MM, weight 8 LBS Quantity 3
Capabilities Will launch a 38mm (1.05”) less lethal Tear/Flare projectiles up to 150 yards.

Expected
lifespan
15 years
Manufacturer's
description
A 38 MM Model 203-A compact single-shot break open tear/flare launcher. It has a 12-inch smooth bore barrel.

Purpose and
authorized uses
To compel an individual to cease his/her actions when such less lethal weapon presents a reasonable option. A verbal warning of the intended use of the device should precede its application.

Fiscal impact $300 (each)
Legal and
procedural rules
Refer to policy 300 (Use of Force)
Required
training
Sworn members utilizing the 38mm less lethal launcher are to be trained in their use by CA POST certified less lethal instructors.

Compliance
mechanisms
Use is subject to the applicable policies (300 Use of Force) Packet Pg. 66
Attachment: Ordinance No. 2022-131 (2470 : Adoption of Ordinance No. 2022-131 Military Equipment) Military Equipment List
March 2022
Lethal Weapon
Type Semi-Auto Patrol Rifle
Description Colt M4 LE6940, Semi-Auto rifle, black in color, with plastic handguard, and adjustable stock.

Quantity 5
Capabilities A rifle that fires an intermediate-power cartridge (.223/5.56) which is more powerful than a standard pistol.

Expected
lifespan
10 years
Manufacturer's
description
The Colt M4 Carbine is a Gas Operated Semi-Auto rifle, chambered in 223 Remington/5.56 NATO. The M4 Carbine features a 16.1" barrel and Reversible safety selector and has an overall expanded length of 35.5". The M4 Carbine utilizes a 4-position collapsible stock.

Purpose and
authorized uses
The Colt M4 Carbine enables officers when in compliance with the GZPD's Use of Force Policy, to address short to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow officers precision shot placement minimizing the risk to officers and innocent citizens. There are no known alternatives to these weapons that will provide the same level of distance and precision.

Fiscal impact $1,100 (each)
Legal and
procedural rules
Refer to policy 300 Use of Force
Required
training
Sworn members utilizing the Colt M4 Carbine are trained in their use by CA POST certified firearms instructors.

Compliance
mechanisms
Use is subject to the applicable Policy 300 (Use of Force) Packet Pg. 67
Attachment: Ordinance No. 2022-131 (2470 : Adoption of Ordinance No. 2022-131 Military Equipment) Military Equipment List
March 2022
Lethal Weapon
Type Semi-Auto Patrol Rifle
Description Colt M4 LE6920, Semi-Auto rifle, black in color, with plastic handguard, and adjustable stock.

Quantity 4
Capabilities A rifle that fires an intermediate-power cartridge (.223/5.56) which is more powerful than a standard pistol.

Fiscal impact $1,100 (each)
Legal and
procedural rules
Refer to policy 300 (Use of Force)
Required
training
Sworn members utilizing the Colt M4 Carbine are trained in their use by CA POST certified firearms instructors.

Compliance
mechanisms
Use is subject to the applicable policies (300 Use of Force) Packet Pg. 68
Attachment: Ordinance No. 2022-131 (2470 : Adoption of Ordinance No. 2022-131 Military Equipment) Military Equipment List
March 2022
Lethal Ammunition
Type Winchester Ranger Law Enforcement Ammunition .223 Caliber 55 grain pointed soft point rifle round Description Lead Soft Point, Imitates rapid expansion for massive energy deposit. The thin wall jacket reduces engraving forces for improved accuracy. Lead Core designed for maximum fragmentation. Crimped Primer improves functionality and reliability.

Quantity 7,040
Capabilities Operational range 0-300 yards
Expected
lifespan
10 years
Manufacturer's
description
Founded in 1866, Winchester is known as one of the worlds most recognized and respected ammunition brands. Winchester began offering its quality product in 1873 and has been providing the citizens and military of the United States with the same standard of quality ever since.

Winchester Ammunition offers ammo for all occasions- hunting, shooting, and protection. To maintain a high level of innovation across products, Winchester Ammunition is constantly manufacturing newly designed ammo to meet their customer’s needs.

Winchester Ammunition prides itself upon commitment and high-quality products. Along with producing high quality ammunition, Winchester Ammunition truly cares about the shooting sports heritage and is a leader for hunting conservation and education.

Purpose and
authorized uses
To project a force against a selected target to have an effect and stop the threat when other reasonable options are not viable. A verbal warning should precede its application.

Fiscal impact $550 per case of 1000
Legal and
procedural rules
Refer to policies 300 (Use of Force)
Required
training
Sworn members utilizing Winchester ammunition are trained in their use by CA POST certified instructors.

Compliance
mechanisms
Use is subject to applicable policy (300 Use of Force)
Packet Pg. 69
Attachment: Ordinance No. 2022-131 (2470 : Adoption of Ordinance No. 2022-131 Military Equipment) Packet Pg. 70
Attachment: Proof of Publication - Ordinance 2022-131 (2470 : Adoption of Ordinance No. 2022-131 Military Equipment) City of Gonzales

CITY MANAGER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: June 20, 2022
FROM: Mark Hartunian, Assistant City Manager
SUBJECT: Adoption of Ordinance No. 2022-133 Impact Mitigation Fees

RECOMMENDATION
It is recommended that the City Council:
• Receive staff report and presentation.
• Questions to staff.
• Open public hearing, receive comments/questions from the public, close hearing. • Consider adoption, waive reading 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.

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. Among other matters, the Nexus Study includes an analysis that demonstrates the connection between the needs of new development and proposed new impact fees.

AGENDA
ITEM
16 Packet Pg. 71
Staff has reviewed the fee proposals in the Nexus Study in detail and supports Willdan’s recommendations. City of Gonzales Resolution No. 2022-32 was 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.

With the above in mind, on Monday, June 6, 2022, at a publicly noticed City Council meeting, the City Council voted unanimously to adopt City of Gonzales Resolution No. 2022-32, “Adopting the City of Gonzales Development Impact Fee Nexus Study Update Dated May 6, 2022.”

SUMMARY
The purpose of this staff report is to provide the City Council the opportunity to consider staff’s 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 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 Packet Pg. 72
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. 73
Figure 1: Impact Fee Zones
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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 Ordinance No. 2022-133, Amending Title 1, Chapter 1.48 Impact Mitigation Fees of the City of Gonzales Municipal Code, 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: Please see explanation above for the Vision.

City services will be delivered in a cost-effective, respectful, and friendly manner to insure the safety and well being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.

Explain: Please see explanation above for the Vision.

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

ALTERNATIVES
• Not adopt City of Gonzales Ordinance No. 2022-133.
• Request additional information before adopting the proposed amendment to Chapter 1.48- “Impact Mitigation Fees” of the Gonzales City Code. This option is not recommended as staff believes that the Council has all materials necessary to make a determination concerning the proposed amendment. Moreover, the approval of Ordinance No. 2022-133, Amending Chapter

1.48- “Impact Mitigation Fees” of the Gonzales City Code, is time-sensitive.

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.

Packet Pg. 75
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.

PUBLIC NOTICE REQUIREMENTS
On May 6, 2022, a public hearing was noticed in accordance with applicable law for the proposed adoption of Ordinance No. 2022-133 (see attached Public Notice).

CONCLUSION
It is recommended that the City Council:
• Receive staff report and presentation.
• Questions to staff.
• Open public hearing, receive comments/questions from the public, close hearing. • Consider adoption, waive reading 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.

Attachments:

1. Ordinance No. 2022-133

2. Proof of Publication - Ordinance No. 2022-133
Packet Pg. 76
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. 77
Attachment: Ordinance No. 2022-133 (2462 : Adoption of Ordinance No. 2022-133 Impact Mitigation Fees) 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)
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Attachment: Ordinance No. 2022-133 (2462 : Adoption of Ordinance No. 2022-133 Impact Mitigation Fees)

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. 79
Attachment: Ordinance No. 2022-133 (2462 : Adoption of Ordinance No. 2022-133 Impact Mitigation Fees) 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)
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Attachment: Ordinance No. 2022-133 (2462 : Adoption of Ordinance No. 2022-133 Impact Mitigation Fees) 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. 81
Attachment: Ordinance No. 2022-133 (2462 : Adoption of Ordinance No. 2022-133 Impact Mitigation Fees) Industrial/Manufacturing Uses $0.177 per square foot.

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.

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. 82
Attachment: Ordinance No. 2022-133 (2462 : Adoption of Ordinance No. 2022-133 Impact Mitigation Fees) 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. 83
Attachment: Ordinance No. 2022-133 (2462 : Adoption of Ordinance No. 2022-133 Impact Mitigation Fees) 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. 84
Attachment: Ordinance No. 2022-133 (2462 : Adoption of Ordinance No. 2022-133 Impact Mitigation Fees) 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. 85
Attachment: Ordinance No. 2022-133 (2462 : Adoption of Ordinance No. 2022-133 Impact Mitigation Fees) 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. 86
Attachment: Ordinance No. 2022-133 (2462 : Adoption of Ordinance No. 2022-133 Impact Mitigation Fees) 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. 87
Attachment: Ordinance No. 2022-133 (2462 : Adoption of Ordinance No. 2022-133 Impact Mitigation Fees) 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.

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. 88
Attachment: Ordinance No. 2022-133 (2462 : Adoption of Ordinance No. 2022-133 Impact Mitigation Fees) 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.

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. 90
Attachment: Ordinance No. 2022-133 (2462 : Adoption of Ordinance No. 2022-133 Impact Mitigation Fees) 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.

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. 91
Attachment: Ordinance No. 2022-133 (2462 : Adoption of Ordinance No. 2022-133 Impact Mitigation Fees) 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. 92
Attachment: Ordinance No. 2022-133 (2462 : Adoption of Ordinance No. 2022-133 Impact Mitigation Fees) 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.

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. 93
Attachment: Ordinance No. 2022-133 (2462 : Adoption of Ordinance No. 2022-133 Impact 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 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.

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. 94
Attachment: Ordinance No. 2022-133 (2462 : Adoption of Ordinance No. 2022-133 Impact Mitigation Fees) 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.

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:

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. 96
Attachment: Ordinance No. 2022-133 (2462 : Adoption of Ordinance No. 2022-133 Impact Mitigation Fees) 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. 97
Attachment: Ordinance No. 2022-133 (2462 : Adoption of Ordinance No. 2022-133 Impact Mitigation Fees) 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. 98
Attachment: Ordinance No. 2022-133 (2462 : Adoption of Ordinance No. 2022-133 Impact 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 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.

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. 99
Attachment: Ordinance No. 2022-133 (2462 : Adoption of Ordinance No. 2022-133 Impact Mitigation Fees) 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. 100 Attachment: Ordinance No. 2022-133 (2462 : Adoption of Ordinance No. 2022-133 Impact Mitigation Fees) _____________________________ René L. Mendez, City Manager 809061v1
_____________
Packet Pg. 101 Attachment: Ordinance No. 2022-133 (2462 : Adoption of Ordinance No. 2022-133 Impact Mitigation Fees) Packet Pg. 102 Attachment: Proof of Publication - Ordinance No. 2022-133 (2462 : Adoption of Ordinance No. 2022-133 Impact Mitigation Fees) City of Gonzales

CITY ATTORNEY

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: June 20, 2022
FROM: Michael Rodriquez, City Attorney
THROUGH: Mark Hartunian, Assistant City Manager
SUBJECT: Resolutions of the City Council of the City of Gonzales Confirming Diagrams and Assessments and Levying Annual Assessments Pursuant to the Benefit Assessment Act of 1982 and the Landscaping and Lighting Act of 1972

RECOMMENDATION
Consider and adopt:

1. Resolution No. 2022-41, A Resolution of the City Council of the City of Gonzales Confirming Diagrams and Assessments and Levying Annual Assessments Pursuant to the Benefit Assessment Act of 1982 for Fiscal Year 2022-2023 - California Breeze Benefit Assessment District Nos. 1, 2 and 3;

2. Resolution No. 2022-42, A Resolution of the City Council of the City of Gonzales Confirming Diagram and Assessments and Levying Annual Assessments Pursuant to the Landscaping and Lighting Act of 1972 for Fiscal Year 2022-2023 - California Breeze Parks and Open Spaces Maintenance Assessment District;

3. Resolution No. 2022-43, A Resolution of the City Council of the City of Gonzales Confirming Diagrams and Assessments and Levying Annual Assessments Pursuant to the Benefit Assessment Act of 1982 for Fiscal Year 2022-2023 - Canyon Creek Benefit Assessment District Nos. 1, 2 and 3;

4. Resolution No. 2022-44, A Resolution of the City Council of the City of Gonzales Confirming Diagrams and Assessments and Levying Annual Assessments Pursuant to the Landscaping and Lighting Act of 1972 for Fiscal Year 2022-2023 - Canyon Creek Parks and Open Spaces Maintenance Assessment District Nos. 1, 2 and 3;
AGENDA
ITEM
17 Packet Pg. 103

5. Resolution No. 2022-45, A Resolution of the City Council of the City of Gonzales Confirming Diagrams and Assessments and Levying Annual Assessments Pursuant to the Benefit Assessment Act of 1982 for Fiscal Year 2022-2023 - Gonzales Industrial Park Benefit Assessment District;

6. Resolution No. 2022-46, A Resolution of the City Council of the City of Gonzales Confirming Diagram and Assessments and Levying Annual Assessments Pursuant to the Landscaping and Lighting Act of 1972 for Fiscal Year 2022-2023 - Gonzales Industrial Park Landscape Maintenance Assessment District;

7. Resolution No. 2022-47, A Resolution of the City Council of the City of Gonzales Confirming Diagram and Assessments and Levying Annual Assessments Pursuant to the Benefit Assessment Act of 1982 for Fiscal Year 2022-2023 - Cipriani Estates Benefit Assessment District;

8. Resolution No. 2022-48, A Resolution of the City Council of the City of Gonzales Confirming Diagram and Assessments and Levying Annual Assessments Pursuant to the Landscaping and Lighting Act of 1972 for Fiscal Year 2022-2023 - Cipriani Estates Parks and Open Spaces Maintenance Assessment District.

BACKGROUND
By law, the City is required to schedule annual hearings to set assessments to pay for the costs and expenses of operating, maintaining and servicing public improvements and facilities located within each of the assessment districts that have been previously established by the City. As is the usual process, the Designated Engineer of Work, Harris & Associates (“Harris”), has prepared Engineer’s Reports containing information about each of the assessment districts, the improvements to be served through the collection of the assessments, and the actual amount of each assessment on each impacted parcel. Copies of the Engineer’s Reports were filed with the City Clerk on or about April 27, 2022 and were and are available for review upon request.

REVIEW & ANALYSIS
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 as June 6, 2022. While a public notice for the hearings on each of the district resolutions was published during the week of May 30, because of the Memorial Day Holiday and the desire to ensure adequate public notice, on June 6, 2022, the City Council opened and continued the public hearing and all resolutions to the City Council meeting of June 20, 2020. The attached resolutions, if approved, will provide final approval of the Engineer’s Report for each district, authorize the levy and collection of said assessments, and order the maintenance, operating and/or servicing of the improvements identified in each Engineer’s Report. Labor, overhead and staff costs are also included in the proposed assessments. At the time the Reports were received the CPI for the previous year was unavailable so a placeholder of 8% was used for preliminary calculations. Since that time, the applicable CPI has been determined as 4.99% and has been used in finalizing all assessment calculations.

Consideration and action on the eight (8) resolutions should only be taken after the continued public hearing for each district has been completed. Once the resolutions have been approved, Staff has been directed to forward the documents to the County so that the assessments can be paid through the property tax roll system.

The following assessments have been identified for each of the districts for Fiscal Year 2022-2023.

Details on how the fees were calculated are included in each respective Engineer’s Report. Harris is recommending that the City adjust the maximum assessments (the highest assessment that could be levied in any given year during the life of a district) for the Canyon Creek, Cipriani, and Industrial Park Districts Packet Pg. 104
by the CPI for the previous year, established at 4.99%. The California Breeze Benefit Assessment Districts do not have provisions for annual CPI adjustments. There is no change in the proposed Fiscal Year 2022-2023 annual assessments from last year for the California Breeze, Canyon Creek, Cipriani Estates and Gonzales Industrial assessment districts. The assessment amounts collected in these districts in the last fiscal year will be adequate for imposition in the upcoming fiscal year to address relevant labor and material costs and the need to maintain capital reserve fund balances.

The fees for 2022-2023 will be as follows:

California Breeze Benefit Assessment District No. 1 - Per House $187.00 No. 1 - Commercial $141.14
No. 2 - Per House $185.34
No. 3 - Per House $234.68
California Breeze Parks and Open Spaces
Maintenance Assessment District Phase 1 - Per House $227.00 Phase 1 - Commercial $88.90
Phase 2 - Per House $227.00
Phase 3 - Per House $271.76
Canyon Creek Benefit Assessment District No. 1 - Per House $600.00 No. 2 - Per House $600.00
No. 3 - Per House $600.00
No. 3 MDR1- Per Unit $600.00
Canyon Creek Parks and Open Spaces
Maintenance Assessment District No. 1 - Per House $600.00 No. 2 - Per House $600.00
No. 3 - Per House $486.00
No. 3 MDR - Per Unit $486.00
Gonzales Industrial Park Benefit
Assessment District Per Acre $1,305.00
Gonzales Industrial Park Landscape
Maintenance Assessment District Per Acre $440.00
Cipriani Estates Benefit Assessment District Per House $750.00 Lots 1-7 - $1,052.04 (base assessment plus
additional Storm Drain Maintenance charge)
Cipriani Estates Parks and Open Spaces
Maintenance Assessment District Per House $610.00
All funds collected for each district will be used for the routine maintenance and operation of the public improvements and facilities identified in each Engineer’s Report, labor, overhead, and staff costs, and for maintaining capital reserve fund balances.

Staff recommends that the Council adopt each of the resolutions confirming district diagrams and assessments and levying said assessments in the respective Benefit and Landscape Maintenance Assessment Districts.
1 Medium Density Residential Unit
Packet Pg. 105
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 assessments fund the maintenance of various improvements located within the involved subdivisions. Regular and routine maintenance of such improvements helps to preserve the safe and attractive environment the City strives to provide for its citizens.

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: Collection of the assessments will provide financing for the maintenance of a variety of improvements that enhance the quality of life in both the involved subdivisions and the City as a whole.

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 ___NA Explain: The proposed assessments will allow the City to maintain a variety of improvements that ensure residential safety and promote local housing opportunities by maintaining a healthy housing stock.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes ____ No ___ NA
• Housing X Yes ____ No ___ NA
• Recreation X Yes ____ No NA
• Environment Yes ____ No X NA
• Education Yes ____ No X NA
Explain: The creation and annual collection of assessments enables the City to maintain improvements vital to public safety and the ongoing well-being of portions of the City’s housing stock.

ALTERNATIVES
None at this time.

BUDGET IMPACT
The City will have to incur the cost of subdivision improvement maintenance if the assessments are not approved and levied.

CONCLUSION
The Council should open the continued public hearings, receive comment, and then consider adoption of the resolutions that are the final step in the City’s annual process of levying assessments in various Packet Pg. 106
assessment districts established in previous years as a means of covering the costs of maintenance of various subdivision improvements.

Attachments:

1. Resolution No. 2022-41 Ca Breeze Benefit

2. Proof of Publication - Ca Breeze Benefit

3. Resolution No. 2022-42 Ca Breeze P&OS

4. Proof of Publication - Ca Breeze P&OS
Packet Pg. 107
RESOLUTION NO. 2022-41

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

CONFIRMING DIAGRAMS AND ASSESSMENTS AND LEVYING ANNUAL
ASSESSMENTS PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982 FOR FISCAL YEAR 2022-2023
CALIFORNIA BREEZE BENEFIT ASSESSMENT DISTRICT NOS. 1, 2 AND 3 WHEREAS, on or about April 27, 2022, Harris & Associates, the designated Engineer of Work, filed its annual reports for California Breeze Benefit Assessment Districts Nos. 1, 2, and 3, City of Gonzales, Monterey County, California; and
WHEREAS, on May 16, 2022, the City Council adopted Resolution No. 2022-22 stating its intent to confirm diagrams and to levy and collect annual assessments in California Breeze Benefit Assessment District Nos. 1, 2 and 3, and directing the City Clerk to set a public hearing to be held on June 6, 2022, in the meeting place of the City Council located in the Council Chambers, 117 Fourth Street, Gonzales, California, to consider the Engineer’s annual reports and to take action to confirm the diagrams and levy the annual assessments identified therein; and WHEREAS, on June 6, 2022, the City Council continued the above-referenced duly noticed public hearing and all related proposed actions to June 20, 2022.

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

1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding California Breeze Benefit Assessment District Nos. 1, 2 and 3, the levy and collection of assessments, the original and modified Engineer’s Reports prepared in connection therewith, and considered all oral and written statements, protests, and communications made or filed by interested persons regarding these matters.

2. Based on the Engineer’s Reports, the City Council finds and determines that:
a. The land within the identified Districts will receive special benefit by the operation, maintenance, and servicing of improvements located in public places within the boundaries of the Districts; and
b. The Districts include all of the lands so benefited; and c. The amount to be assessed upon the lands within the Districts in accordance with the fee for Fiscal Year 2022-2023 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the estimated benefits to be received by each parcel from the improvements and services.

3. The City Council hereby confirms the diagrams and assessments as set forth in the annual reports of the Engineer of Work and hereby levies the assessments set forth therein for Fiscal Year 2022-2023 within each of said benefit assessment Districts. The assessments in Phases 1, 2, Packet Pg. 108 Attachment: Resolution No. 2022-41 Ca Breeze Benefit (2460 : Assessment Districts Public Hearings (Resol 2022-41 and Resol 2022-42)) and 3 have been set at $187.00, $141.14 (Phase 1 Commercial), $185.34, and $234.68 respectively.

There is no increase to any of the annual assessments from Fiscal Year 2021-2022.

4. The assessments confirmed hereby shall be collected at the same time and in the same manner as county taxes are collected and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of assessments. Such funds are ordered to be used for the maintenance, operation and servicing of the improvements, and any and all other items of work necessary and incidental to the proper maintenance and operation thereof, as described in the amended Engineer’s Report.

5. The City Clerk is hereby authorized and directed to file a certified copy of the diagrams and assessments with the County Auditor of Monterey County no later than August 1, 2022, who shall thereafter enter upon the county assessment roll opposite each lot or parcel of land the amount assessed thereupon, as shown in the assessments.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales held on the 20th day of June, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
_______________________________
Jose L. Rios, The Honorable Mayor
ATTEST:
______________________________
Mary Villegas, Deputy City Clerk
I, the undersigned Deputy City Clerk, hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Gonzales, California, at a regular meeting thereof held on the 20th day of June, 2022, by the above-stated vote of the members thereof, a majority being present.

Dated: June 6, 2022
_________________________________
Mary Villegas, Deputy City Clerk
Packet Pg. 109 Attachment: Resolution No. 2022-41 Ca Breeze Benefit (2460 : Assessment Districts Public Hearings (Resol 2022-41 and Resol 2022-42)) Packet Pg. 110 Attachment: Proof of Publication - Ca Breeze Benefit (2460 : Assessment Districts Public Hearings (Resol 2022-41 and Resol 2022-42)) Packet Pg. 111 Attachment: Proof of Publication - Ca Breeze Benefit (2460 : Assessment Districts Public Hearings (Resol 2022-41 and Resol 2022-42)) RESOLUTION NO. 2022-42

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ANNUAL
ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2022-2023

CALIFORNIA BREEZE PARKS AND OPEN SPACES MAINTENANCE

ASSESSMENT DISTRICT
WHEREAS, on or about April 27, 2022, Harris & Associates, the designated Engineer of Work, filed its annual report for the California Breeze Parks and Open Spaces Maintenance Assessment District, City of Gonzales, Monterey County, California; and WHEREAS, on May 16, 2022, the City Council adopted Resolution No. 2022-23 stating its intent to confirm the diagram and to levy and collect annual assessments in the California Breeze Parks and Open Spaces Maintenance Assessment District, and directing the City Clerk to set a public hearing to be held on June 6, 2022, in the meeting place of the City Council located in the Council Chambers, 117 Fourth Street, Gonzales, California, to consider the Engineer’s annual report and to take action to confirm the diagram and levy the annual assessments identified therein; and
WHEREAS, on June 6, 2022, the City Council continued the above-referenced duly noticed public hearing and all related proposed actions to June 20, 2022.

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

1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding the California Breeze Parks and Open Spaces Maintenance Assessment District, the levy and collection of assessments, the Engineer’s Report prepared in connection therewith, and considered all oral and written statements, protests, and communications made or filed by interested persons regarding these matters.

2. Based on the Engineer’s Report, the City Council finds and determines that:
a. The land within the identified District will receive special benefit by the operation, maintenance, and servicing of improvements located in public places within the boundaries of the District; and
b. The District includes all of the lands so benefited; and c. The amount to be assessed upon the lands within the District in accordance with the fee for Fiscal Year 2022-2023 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the estimated benefits to be received by each parcel from the improvements and services.

3. The City Council hereby confirms the diagrams and assessments as set forth in the annual report of the Engineer of Work and hereby levies the assessments set forth therein for Fiscal Year Packet Pg. 112 Attachment: Resolution No. 2022-42 Ca Breeze P&OS (2460 : Assessment Districts Public Hearings (Resol 2022-41 and Resol 2022-42)) 2022-2023 within the parks and open spaces maintenance assessment District. The assessments in Phases 1, 2 and 3 will be $227.00, $88.90 (Phase 1 Commercial), $227.00, and $271.76, respectively. There is no increase to any of the annual assessments from Fiscal Year 2021-2022.

5. The City Clerk is hereby authorized and directed to file a certified copy of the diagram and assessments with the County Auditor of Monterey County no later than August 1, 2022, who shall thereafter enter upon the county assessment roll opposite each lot or parcel of land the amount assessed thereupon, as shown in the assessments.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales held on the 20th day of June, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Jose L. Rios, The Honorable Mayor
ATTEST:
_________________________________
Mary Villegas, Deputy City Clerk
I, the undersigned Deputy City Clerk, hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Gonzales, California, at a regular meeting thereof held on the 20th day of June, 2022, by the above-stated vote of the members thereof, a majority being present.

Dated: June ___, 2022
_____________________________
Mary Villegas, Deputy City Clerk
Packet Pg. 113 Attachment: Resolution No. 2022-42 Ca Breeze P&OS (2460 : Assessment Districts Public Hearings (Resol 2022-41 and Resol 2022-42)) Packet Pg. 114 Attachment: Proof of Publication - Ca Breeze P&OS (2460 : Assessment Districts Public Hearings (Resol 2022-41 and Resol 2022-42)) Packet Pg. 115 Attachment: Proof of Publication - Ca Breeze P&OS (2460 : Assessment Districts Public Hearings (Resol 2022-41 and Resol 2022-42)) RESOLUTION NO. 2022-43

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

CONFIRMING DIAGRAMS AND ASSESSMENTS AND LEVYING ANNUAL
ASSESSMENTS PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982 FOR FISCAL YEAR 2022-2023
CANYON CREEK BENEFIT ASSESSMENT DISTRICT NOS. 1, 2 AND 3 WHEREAS, on or about April 27, 2022, Harris & Associates, the designated Engineer of Work, filed its annual reports for Canyon Creek Benefit Assessment Districts Nos. 1, 2, and 3, City of Gonzales, Monterey County, California; and
WHEREAS, on May 16, 2022, the City Council adopted Resolution No. 2022-24 stating its intent to confirm diagrams and to levy and collect annual assessments in Canyon Creek Benefit Assessment District Nos. 1, 2 and 3, and directing the City Clerk to set a public hearing to be held on June 6, 2022, in the meeting place of the City Council located in the Council Chambers, 117 Fourth Street, Gonzales, California, to consider the Engineer’s annual reports and to take action to confirm the diagrams and levy the annual assessments identified therein; and WHEREAS, on June 6, 2022, the City Council continued the above-referenced duly noticed public hearing and all related proposed actions to June 20, 2022.

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

1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding Canyon Creek Benefit Assessment District Nos. 1, 2 and 3, the levy and collection of assessments, the Engineer’s Reports prepared in connection therewith, and considered all oral and written statements, protests, and communications made or filed by interested persons regarding these matters.

3. The City Council hereby confirms the diagrams and assessments as set forth in the annual reports of the Engineer of Work and hereby levies the assessments set forth therein for Fiscal Year 2022-2023 within each of said benefit assessment districts. The maximum assessments have been Packet Pg. 116 Attachment: Resolution No. 2022-43 Canyon Creek Benefit (2467 : Canyon Creek Assessment Districts (Resol 2022-43 and Resol 2022-44)) AGENDA
ITEM
18 adjusted by the CPI for the previous year, established at 4.99%. The annual assessments for Fiscal Year 2022-2023 will be $600.00 per house in District No. 1, $600.00 per house in District No. 2, $600.00 per house in District No. 3, and $600.00 per Medium Residential Unit in District No. 3.

There is no increase to any of the annual assessments from Fiscal Year 2021-2022.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales held on the 20thday of June, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
_______________________________
Jose L. Rios, The Honorable Mayor
ATTEST:
_____________________________
Mary Villegas, Deputy City Clerk
I, the undersigned Deputy City Clerk, hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Gonzales, California, at a regular meeting thereof held on the 20th day of June, 2022, by the above-stated vote of the members thereof, a majority being present.

Dated: June 20, 2022
_____________________________
Mary Villegas, Deputy City Clerk
Packet Pg. 117 Attachment: Resolution No. 2022-43 Canyon Creek Benefit (2467 : Canyon Creek Assessment Districts (Resol 2022-43 and Resol 2022-44)) Packet Pg. 118
Attachment: Proof of Publicatin - Canyon Creek Benefit (2467 : Canyon Creek Assessment Districts (Resol 2022-43 and Resol 2022-44)) Packet Pg. 119
Attachment: Proof of Publicatin - Canyon Creek Benefit (2467 : Canyon Creek Assessment Districts (Resol 2022-43 and Resol 2022-44)) RESOLUTION NO. 2022-44

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ANNUAL
ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2022-2023

CANYON CREEK PARKS AND OPEN SPACES MAINTENANCE
ASSESSMENT DISTRICT NOS. 1, 2 AND 3
WHEREAS, on or about April 27, 2022, Harris & Associates, the designated Engineer of Work, filed its annual reports for the Canyon Creek Parks and Open Spaces Maintenance Assessment District Nos. 1, 2 and 3, City of Gonzales, Monterey County, California; and WHEREAS, on May 16, 2022, the City Council adopted Resolution No. 2022-25 stating its intent to confirm the diagram and to levy and collect annual assessments in the Canyon Creek Parks and Open Spaces Maintenance Assessment District Nos. 1, 2 and 3, and directing the City Clerk to set a public hearing to be held on June 6, 2022, in the meeting place of the City Council located in the Council Chambers, 117 Fourth Street, Gonzales, California, to consider the Engineer’s annual report and to take action to confirm the diagram and levy the annual assessments identified therein; and
WHEREAS, on June 6, 2022, the City Council continued the above-referenced duly noticed public hearing and all related proposed actions to June 20, 2022.

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

1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding the Canyon Creek Parks and Open Spaces Maintenance Assessment District Nos. 1, 2 and 3, the levy and collection of assessments, the Engineer’s Reports prepared in connection therewith, and considered all oral and written statements, protests, and communications made or filed by interested persons regarding these matters.

3. The City Council hereby confirms the diagrams and assessments as set forth in the annual reports of the Engineer of Work and hereby levies the assessments set forth therein for Fiscal Year Packet Pg. 120 Attachment: Resolution No. 2022-44 Canyon Creek P&OS (2467 : Canyon Creek Assessment Districts (Resol 2022-43 and Resol 2022-44)) 2022-2023 within each of said parks and open spaces maintenance assessment districts. The maximum assessments have been adjusted by the CPI for the previous year, established at 4.99%.

The annual assessments for Fiscal Year 2022-2023 in Districts No. 1 and No. 2 will be $600.00 per house and $486.00 per house in District No. 3 and District No. 3 Medium Density Residential.

There is no increase to any of the annual assessments from Fiscal Year 2021-2022.

5. The City Clerk is hereby authorized and directed to file certified copies of the diagrams and assessments with the County Auditor of Monterey County no later than August 1, 2022, who shall thereafter enter upon the county assessment roll opposite each lot or parcel of land the amount assessed thereupon, as shown in the assessments.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales held on the 20th day of June, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated: June 20, 2022
_____________________________
Mary Villegas, Deputy City Clerk
Packet Pg. 121 Attachment: Resolution No. 2022-44 Canyon Creek P&OS (2467 : Canyon Creek Assessment Districts (Resol 2022-43 and Resol 2022-44)) Packet Pg. 122 Attachment: Proof of Publication - Canyon Creek P&OS (2467 : Canyon Creek Assessment Districts (Resol 2022-43 and Resol 2022-44)) Packet Pg. 123 Attachment: Proof of Publication - Canyon Creek P&OS (2467 : Canyon Creek Assessment Districts (Resol 2022-43 and Resol 2022-44)) RESOLUTION NO. 2022-45

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

CONFIRMING DIAGRAM AND ASSESSMENTS AND LEVYING ANNUAL
ASSESSMENTS PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982 FOR FISCAL YEAR 2022-2023

GONZALES INDUSTRIAL PARK BENEFIT ASSESSMENT DISTRICT
WHEREAS, on or about April 27, 2022, Harris & Associates, the designated Engineer of Work, filed its annual report for the Gonzales Industrial Park Benefit Assessment District, City of Gonzales, Monterey County, California; and
WHEREAS, on May 16, 2022, the City Council adopted Resolution No. 2022-26 stating its intent to confirm the diagram and to levy and collect annual assessments in the Gonzales Industrial Park Benefit Assessment District, and directing the City Clerk to set a public hearing to be held on June 6, 2022, in the meeting place of the City Council located in the Council Chambers, 117 Fourth Street, Gonzales, California, to consider the Engineer’s annual report and to take action to confirm the diagram and levy the annual assessments identified therein; and WHEREAS, on June 6, 2022, the City Council continued the above-referenced duly noticed public hearing and all related proposed actions to June 20, 2022.

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

1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding the Gonzales Industrial Park Benefit Assessment District, the levy and collection of assessments, the Engineer’s Report prepared in connection therewith, and considered all oral and written statements, protests, and communications made or filed by interested persons regarding these matters.

3. The City Council hereby confirms the diagram and assessments as set forth in the annual report of the Engineer of Work and hereby levies the assessments set forth therein for Fiscal Packet Pg. 124 Attachment: Resol 2022-45 Industrial Park Benefit (2468 : Industrial Park Assessment Districts (Resol 2022-45 and Resol 2022-46)) AGENDA
ITEM
19 Year 2022-2023 within the benefit assessment district. The maximum assessments have been adjusted by the CPI for the previous year, established at 4.99%. The assessment for Fiscal Year 2022-2023 will be $1,305.00 per acre. There is no increase from the annual assessment imposed in Fiscal Year 2021-2022.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales held on the 20thday of June, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated: June 20, 2022
_____________________________
Mary Villegas, Deputy City Clerk
Packet Pg. 125 Attachment: Resol 2022-45 Industrial Park Benefit (2468 : Industrial Park Assessment Districts (Resol 2022-45 and Resol 2022-46)) Packet Pg. 126 Attachment: Proof of Publication - Industrial Park Benefit (2468 : Industrial Park Assessment Districts (Resol 2022-45 and Resol 2022-46)) RESOLUTION NO. 2022-46

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

CONFIRMING DIAGRAM AND ASSESSMENTS AND LEVYING ANNUAL
ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2022-2023

GONZALES INDUSTRIAL PARK LANDSCAPE

MAINTENANCE ASSESSMENT DISTRICT
WHEREAS, on or about April 27, 2022, Harris & Associates, the designated Engineer of Work, filed its annual report for the Gonzales Industrial Park Landscape Maintenance Assessment District, City of Gonzales, Monterey County, California; and WHEREAS, on May 16, 2022, the City Council adopted Resolution No. 2022-27 stating its intent to confirm the diagram and to levy and collect annual assessments in the Gonzales Industrial Park Landscape Maintenance Assessment District, and directing the City Clerk to set a public hearing to be held on June 6, 2022, in the meeting place of the City Council located in the Council Chambers, 117 Fourth Street, Gonzales, California, to consider the Engineer’s annual report and to take action to confirm the diagram and levy the annual assessments identified therein; and
WHEREAS, on June 6, 2022, the City Council continued the above-referenced duly noticed public hearing and all related proposed actions to June 20, 2022.

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

1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding the Gonzales Industrial Park Landscape Maintenance Assessment District, the levy and collection of assessments, the Engineer’s Report prepared in connection therewith, and considered all oral and written statements, protests, and communications made or filed by interested persons regarding these matters.

3. The City Council hereby confirms the diagram and assessments as set forth in the annual Packet Pg. 127 Attachment: Resol 2022-46 Industrial Park Landscape (2468 : Industrial Park Assessment Districts (Resol 2022-45 and Resol 2022-46)) report of the Engineer of Work and hereby levies the assessments set forth therein for Fiscal Year 2022-2023 within the park landscape maintenance assessment district. The maximum assessments have been adjusted by the CPI for the previous year, established at 4.99%. The assessment for Fiscal Year 2022-2023 will be $440.00 per acre. There is no increase from the annual assessment imposed for Fiscal Year 2021-2022.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales held on the 20th day of June, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated: June 20, 2022
_____________________________
Mary Villegas, Deputy City Clerk
Packet Pg. 128 Attachment: Resol 2022-46 Industrial Park Landscape (2468 : Industrial Park Assessment Districts (Resol 2022-45 and Resol 2022-46)) Packet Pg. 129 Attachment: Proof of Publication - Industrial Park Landscape (2468 : Industrial Park Assessment Districts (Resol 2022-45 and Resol 2022-46)) Packet Pg. 130 Attachment: Proof of Publication - Industrial Park Landscape (2468 : Industrial Park Assessment Districts (Resol 2022-45 and Resol 2022-46)) RESOLUTION NO. 2022-47

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

CONFIRMING DIAGRAM AND ASSESSMENTS AND LEVYING ANNUAL
ASSESSMENTS PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982 FOR FISCAL YEAR 2022-2023

CIPRIANI ESTATES BENEFIT ASSESSMENT DISTRICT
WHEREAS, on or about April 27, 2022, Harris & Associates, the designated Engineer of Work, filed its annual report for the Cipriani Estates Benefit Assessment District, City of Gonzales, Monterey County, California; and
WHEREAS, on May 16, 2022, the City Council adopted Resolution No. 2022-28 stating its intent to confirm the diagram and to levy and collect annual assessments in the Cipriani Estates Benefit Assessment District, and directing the City Clerk to set a public hearing to be held on June 6, 2022, in the meeting place of the City Council located in the Council Chambers, 117 Fourth Street, Gonzales, California, to consider the Engineer’s annual report and to take action to confirm the diagram and levy the annual assessments identified therein and WHEREAS, on June 6, 2022, the City Council continued the above-referenced duly noticed public hearing and all related proposed actions to June 20, 2022.

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

1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding the Cipriani Estates Benefit Assessment District, the levy and collection of assessments, the Engineer’s Report prepared in connection therewith, and considered all oral and written statements, protests, and communications made or filed by interested persons regarding these matters.

3. The City Council hereby confirms the diagram and assessments as set forth in the annual report of the Engineer of Work and hereby levies the assessments set forth therein for Fiscal Packet Pg. 131 Attachment: Resol 2022-47 Cipriani Estates Benefit (2469 : Cipriani Estates Assessment Districts (Resol 2022-47 and Resol 2022-48)) AGENDA
ITEM
20 Year 2022-2023 within the benefit assessment district. The maximum assessments have been adjusted by the CPI for the previous year, established at 4.99%. The annual assessments for homes for Fiscal Year 2022-2023 will be $750.00 per house, and $1,052.04 per house for Lots 1- 7, which are subject to an additional Storm Drain Maintenance Charge. There is no increase from the annual assessments imposed for Fiscal Year 2021-2022.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales held on the 20th day of June, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated: June 20, 2022
_____________________________
Mary Villegas, Deputy City Clerk
Packet Pg. 132 Attachment: Resol 2022-47 Cipriani Estates Benefit (2469 : Cipriani Estates Assessment Districts (Resol 2022-47 and Resol 2022-48)) Packet Pg. 133 Attachment: Proof of Publication - Cipriani Estates Benefit (2469 : Cipriani Estates Assessment Districts (Resol 2022-47 and Resol 2022-48)) RESOLUTION NO. 2022-48

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

CONFIRMING DIAGRAM AND ASSESSMENTSAND LEVYING ANNUAL
ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2022-2023

CIPRIANI ESTATES PARKS AND OPEN SPACES

MAINTENANCE ASSESSMENT DISTRICT
WHEREAS, on or about April 27, 2022, Harris & Associates, the designated Engineer of Work, filed its annual report for the Cipriani Estates Parks and Open Spaces Maintenance Assessment District, City of Gonzales, Monterey County, California; and WHEREAS, on May 16, 2022, the City Council adopted Resolution No. 2022-29 stating its intent to confirm the diagram and to levy and collect annual assessments in the Cipriani Estates Parks and Open Spaces Maintenance Assessment District, and directing the City Clerk to set a public hearing to be held on June 6, 2022, in the meeting place of the City Council located in the Council Chambers, 117 Fourth Street, Gonzales, California, to consider the Engineer’s annual report and to take action to confirm the diagram and levy the annual assessments identified therein; and
WHEREAS, on June 6, 2022, the City Council continued the above-referenced duly noticed public hearing and all related proposed actions to June 20, 2022.

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

1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding the Cipriani Estates Parks and Open Spaces Maintenance Assessment District, the levy and collection of assessments, the Engineer’s Report prepared in connection therewith, and considered all oral and written statements, protests, and communications made or filed by interested persons regarding these matters.

2. Based on the Engineer’s Report, the City Council finds and determines that:
a. The land within the identified District will receive special benefit by the operation, maintenance, and servicing of improvements located in public places within the boundaries of the District; and
b. The District include all of the lands so benefited; and c. The amount to be assessed upon the lands within the District in accordance with the fee for Fiscal Year 2022-2023 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the estimated benefits to be received by each parcel from the improvements and services.

3. The City Council hereby confirms the diagram and assessments as set forth in the annual Packet Pg. 134 Attachment: Resol 2022-48 Cipriani Estates P&OS (2469 : Cipriani Estates Assessment Districts (Resol 2022-47 and Resol 2022-48)) report of the Engineer of Work and hereby levies the assessments set forth therein for Fiscal Year 2022-2023 within the parks and open spaces maintenance assessment district. The maximum assessments have been adjusted by the CPI for the previous year, established at

4.99%. The annual assessments for Fiscal Year 2022-2023 will be $610.00 per house. There is no increase from the annual assessments imposed for Fiscal Year 2021-2022.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales held on the 20th day of June, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated: June 20, 2022
_____________________________
Mary Villegas, Deputy City Clerk
Packet Pg. 135 Attachment: Resol 2022-48 Cipriani Estates P&OS (2469 : Cipriani Estates Assessment Districts (Resol 2022-47 and Resol 2022-48)) Packet Pg. 136 Attachment: Proof of Publication - Cipriani Estates P&OS (2469 : Cipriani Estates Assessment Districts (Resol 2022-47 and Resol 2022-48)) Packet Pg. 137 Attachment: Proof of Publication - Cipriani Estates P&OS (2469 : Cipriani Estates Assessment Districts (Resol 2022-47 and Resol 2022-48))

Gonzales City CouncilJune 20, 2022

Gonzales City Council
June 20, 2022