Gonzales City Council
July 18, 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.

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, JULY 18, 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, 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/84418201553 or call 1 (669) 900-6833 and use Meeting ID: 844 1820 1553.

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, July 18th to the City Clerk at [email protected]

BUSINESS FROM THE PUBLIC

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

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

3. Approve the Joint City Council and Successor Agency - Regular Meeting - June 20, 2022 Minutes

4. Approve the Joint City Council, Successor Agency, Successor Housing Agency, Electric Authority, and Municipal Electric Utility Boards - Special Meeting - July 12, 2022 Minutes

5. Approve City Accounts Payable Warrants #47194-47262

6. Community Development Department Activity Report

7. Community Engagement & Strategic Partnerships Activity Report

8. Fire Department Activity Report
*
*
*
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.

9. Police Department Activity Report

10. Public Works/City Engineer Department Activity Report

11. Recreation Department Activity Report

12. Consider Approval of Resolution No. 2022-51, A Resolution of the City Council of the City of Gonzales Approving the Measure ‘K’ Oversight Committee’s Recommended List of Services and Programs to be Funded with Tax Proceeds Received from the Measure ‘K’ Transition And Use Tax, During Fiscal Year 2022-2023, Including Funding Allocations

13. Consider Approval of Resolution No. 2022-52, A Resolution of the City Council of the City of Gonzales Approving Measure X’s Recommendation of Prioritizing the Gonzales Community Center Complex and the Roads and Streets Program as the Initial Projects to Fund with Funding from Measure X

14. Consider Approval of Resolution No. 2022-53, A Resolution of the City Council of the City of Gonzales Authorizing the Use of Remote Teleconferenced Meetings of the City Council Pursuant to Assembly Bill 361

REGULAR AGENDA

15. Consider Approval of Resolution No. 2022-54, A Resolution of the City Council of the City of Gonzales Initiating a Transition to a District-Based Election System a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Resolution No. 2022-54

16. 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 Fiscal Year 2022-2023 in the Amount of $700,000
a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Resolution No. 2022-40

BUSINESS FROM CITY COUNCIL

17. 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

18. Oral Communications

BUSINESS FROM CITY MANAGER

19. Oral Communications

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

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

MINUTES

JOINT MEETING OF THE

GONZALES CITY COUNCIL AND

GONZALES SUCCESSOR AGENCY
MONDAY, JUNE 20, 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 Remote via zoom
Paul Miller Council/Agency Member Present

STAFF PRESENT
City Attorney Michael F. Rodriquez, 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, and Fire Chief Jason Muscio.
* 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.

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Minutes Acceptance: Minutes of Jun 20, 2022 6:00 PM (CONSENT AGENDA) AGENDA
ITEM
3

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
Mayor Rios presented the certificates to the Little League players, along with a free pizza voucher from Luigi's.

BUSINESS FROM THE PUBLIC

3. 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. commented about a complaint he put in with the City and with the Police Department regarding parked trailers on City streets and vehicles have not moved for over two weeks; crime being on the rise in their side of town; robbery at his neighbor’s; and being tired of because there is no enforcement.

CONSENT AGENDA

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
RESULT: ACCEPTED [UNANIMOUS] Items 4 - 12
MOVER: Paul Miller, Council Member
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Paul Miller

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
City Attorney Rodriquez pulled items 13 and 14 for further discussion.

For item 13, he said that staff was recommending that the Council adopt Resolution No. 2022-20 to VSS International in the amount $380,000, but do not include the contract with MNS Engineers as that contract will be brought back as a separate item. The action that will be taken will be *
*
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Minutes Acceptance: Minutes of Jun 20, 2022 6:00 PM (CONSENT AGENDA)

Resolution No. 2022-22, 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.

RESULT: ACCEPTED [UNANIMOUS] Item 13 as recommended
MOVER: Paul Miller, Council Member
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Paul Miller

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
City Attorney Rodriquez stated that staff desired to pull item 14 and bring it back at the July 18th meeting.

Mayor Rios asked staff when they bring it back, he would like the total of what we have spent with Swinerton.

Council Member Silva mentioned that there was a breakdown of costs already in the staff report.

Mayor Rios said he missed it and apologized.

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
Staff Report: City Attorney Rodriquez presented the staff report.

Mayor Rios opened the public hearing at 6:16pm.

Public Hearing: There was none.

Being there no comments from the public, Mayor Rios closed the public hearing at 6:16pm.

Council Discussion: General discussion took place.

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

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

Mayor Rios opened the public hearing at 6:21pm.

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Minutes Acceptance: Minutes of Jun 20, 2022 6:00 PM (CONSENT AGENDA)

Public Hearing: There was none.

Being there no comments from the public, Mayor Rios closed the public hearing at 6:21pm.

Council Discussion: General discussion took place.

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

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 Staff Report: City Attorney Rodriquez presented the staff report.

Mayor Rios opened the public hearing at 6:27pm.

Public Hearing: There was none.

Being there no comments from the public, Mayor Rios closed the public hearing at 6:27pm.

Council Discussion: General discussion took place.

RESULT: APPROVED [UNANIMOUS] Resolution No. 2022-41
MOVER: Liz Silva, Council Member
SECONDER: Scott Funk, Mayor Pro Tem
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Paul Miller RESULT: APPROVED [UNANIMOUS] Resolution No. 2022-42
MOVER: Liz Silva, Council Member
SECONDER: Scott Funk, Mayor Pro Tem
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Paul Miller

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
Staff Report: City Attorney Rodriquez presented the staff report.

Mayor Rios opened the public hearing at 6:29pm.

Public Hearing: There was none.

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Minutes Acceptance: Minutes of Jun 20, 2022 6:00 PM (CONSENT AGENDA)

Being there no comments from the public, Mayor Rios closed the public hearing at 6:29pm.

Council Discussion: General discussion took place.

RESULT: APPROVED [UNANIMOUS] Resolution No. 2022-43
MOVER: Scott Funk, Mayor Pro Tem
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Paul Miller RESULT: APPROVED [UNANIMOUS] Resolution No. 2022-44
MOVER: Scott Funk, Mayor Pro Tem
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Paul Miller

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 Staff Report: City Attorney Rodriquez presented the staff report.

Mayor Rios opened the public hearing at 6:33pm.

Public Hearing: There was none.

Being there no comments from the public, Mayor Rios closed the public hearing at 6:33pm.

Council Discussion: General discussion took place.

RESULT: APPROVED [UNANIMOUS] Resolution No. 2022-45
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] Resolution No. 2022-46
MOVER: Liz Silva, Council Member
SECONDER: Paul Miller, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Paul Miller

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 Staff Report: City Attorney Rodriquez presented the staff report.

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Minutes Acceptance: Minutes of Jun 20, 2022 6:00 PM (CONSENT AGENDA)

Mayor Rios opened the public hearing at 6:34pm.

Public Hearing: There was none.

Being there no comments from the public, Mayor Rios closed the public hearing at 6:34pm.

Council Discussion: General discussion took place.

RESULT: APPROVED [UNANIMOUS] Resolution No. 2022-47
MOVER: Scott Funk, Mayor Pro Tem
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Paul Miller RESULT: APPROVED [UNANIMOUS] Resolution No. 2022-48
MOVER: Scott Funk, Mayor Pro Tem
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Paul Miller

BUSINESS FROM CITY COUNCIL

21. City Council Board/Committee Reports
a. League of California Cities Monterey Bay Division
Mayor Pro Tem Funk announced the early registration of the League of California Cities conference which is being held in Long Beach, September 7-9, 2022. He asked Deputy City Clerk Villegas to email the information to the Council. b. Association of Monterey Bay Area Governments
Mayor Pro Tem Funk reported on the public review and appeal process of the regional housing needs assessment; going dark in July; and announced the next meeting in August. c. Monterey Salinas Transit
Council Member Worthy reported she attended the meeting for a short while since she got sick and reported on the approval of the budget, and nomination and appointment of the new Chair Anna Velasquez, and Vice Chair Mary Ann Carbone. She announced the next meeting on July 11th.
d. City & School Joint Steering Committee
Mayor Rios announced the district has hired Matilda Zamora as the new Superintendent and she was interested in living here and was looking for a rental place and eventually buy a house here.
e. Economic Development Committee
Mayor Rios reported on the report from Supervisor Lopez.

22. Oral Communications
Council Member Miller mentioned that if there are people out there who are victims of crimes and they are not reporting it because they think nothing is going to happen, sometimes crimes are hard to solve when you don’t know they occurred, so he urged anyone who is a victim of a crime to report that crime.

Mayor Pro Tem Funk announced the temperatures are going to be warm so he encouraged everyone to stay cool. He elaborated on the observation of the Juneteenth Holiday having grown up in Texas he saw celebrating this holiday, and said the City should consider next year to close the offices that day since it is a federal holiday, and move the Council meeting to Tuesday since it falls on a Monday.

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Minutes Acceptance: Minutes of Jun 20, 2022 6:00 PM (CONSENT AGENDA)

Mayor Rios said he was also surprised that we as a City didn’t observe it. He agreed with Mayor Pro Tem Funk.

Council Member Worthy thanked Public Works for fixing a pipe break in her cul-de-sac yesterday. Everyone there appreciated their help.

Council Member Silva hoped the kids were having fun going to the pool. She announced the 4th of July celebration and the decommissioning of the US Flags, so she urged people to bring them to the park. She announced the California Rodeo July 21 - 24, 2022 and the Kobe Keith concert got cancelled due to his health condition.

Mayor Rios mentioned that School Board Member Daniels said the Sun Street Centers program really helped the kids in our community. He said that in talking to Mark we could squeeze in funding for that program and the school would put the other half. He asked if staff can bring back that item at the next agenda for our half share.

Assistant City Manager Hartunian said he’ll send the information to City Attorney Rodriquez.

BUSINESS FROM CITY MANAGER

23. Oral Communications
Assistant City Manager Hartunian elaborated on his professional career and he submitted a letter and his separation date from the City will be July 8th. He conveyed his thanks to the Mayor, Council, staff and previous Council and Mr. Mendez and Mr. Rodriquez for this rewarding professional endeavor.

Fire Chief Muscio reported on the slough project the week of July 27th; testing for the Firefighter position; and blood drive on August 13th hosted by Fire Department.

Mayor Rios elaborated on the Chief’s wife picking up Firefighters in Salinas on her own time. He said we should at least compensate her for the gas. He appreciated her for all she does for the community.

Director of Community Engagement & Strategic Partnerships Gil updated on the pool programming; July 4th schedule; and 75th Anniversary merchandise.

Police Chief Wise reiterated what Council Member Miller said. He urged people to report crimes so the department knows about it and so they can help them. He also reported on the vehicle abatement going on.

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

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

There was none.

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.

Council provided direction to legal counsel. No other reportable action taken.

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Minutes Acceptance: Minutes of Jun 20, 2022 6:00 PM (CONSENT AGENDA)

ADJOURNMENT
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 The meeting was adjourned at 7:50 PM.

ATTEST:

Mary Villegas, Deputy City Clerk
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Minutes Acceptance: Minutes of Jun 20, 2022 6:00 PM (CONSENT AGENDA)

MINUTES

ADJOURNED SPECIAL JOINT MEETING OF THE

GONZALES CITY COUNCIL

GONZALES SUCESSOR AGENCY,

GONZALES SUCCESSOR HOUSING AGENCY,

GONZALES ELECTRIC AUTHORITY BOARD,

GONZALES MUNICIPAL ELECTRIC UTILTY BOARD
TUESDAY, JULY 12, 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/President Present
Scott Funk Mayor Pro Tem/Vice Chair/Vice President Remote via zoom Liz Silva Council/Agency/Board Member Present
Lorraine Worthy Council/Agency/Board Member Present
Paul Miller Council/Agency/Board Member Present

STAFF PRESENT
City Attorney Michael F. Rodriquez, Interim City Manager Carmen Gil, Development Services Technician/ Admin. Analyst Alejandra Flores, and Administrative Assistant II Anabel Almanza.

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

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

There was none.

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

Council provided direction to legal counsel. No other reportable action taken.

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Minutes Acceptance: Minutes of Jul 12, 2022 6:00 PM (CONSENT AGENDA) AGENDA
ITEM
4

3. The City Council will recess to closed session pursuant to Government Code Section 54957.6 to provide direction to its designated representative, the City Attorney, regarding salary and compensation in the form of benefits for an unrepresented employee- Interim City Manager.

Council provided direction to legal counsel. No other reportable action taken.

RECONVENED TO OPEN SESSION
Council Member Silva read the following:

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/89486362601 or call 1 (669) 900-6833 and use Meeting ID: 894 8636 2601. 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 Tuesday, July 12th to the City Clerk at [email protected]

BUSINESS FROM THE PUBLIC

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

There was none.

CONSENT AGENDA

5. Consider Approval of Resolution No. 2022-49, A Joint Resolution of the Gonzales City Council/Successor Agency to the Gonzales Redevelopment Agency Board/Gonzales Successor Housing Agency Board/Gonzales Electric Authority Board/Gonzales Municipal Electric Utility Board Appointing Carmen Gil as Interim City Manager/Successor Agency Executive Director/Successor Housing Agency Executive Director/Gonzales Electric Authority Executive Director/Gonzales Municipal Electric Utility Executive Director City Attorney Rodriquez mentioned that there was one addition to be made to this item 5, Section 4 of Resolution No. 2022-49. The percentage is blank, and it should read 20%.

RESULT:

MOVER:

SECONDER:

AYES:

APPROVED [UNANIMOUS] Resolution No. 2022-49 to include the addition to Section 4, 20% increase in compensation
Scott Funk, Mayor Pro Tem/Vice Chair/Vice President
Lorraine Worthy, Council/Agency/Board Member
Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Paul Miller City Attorney Rodriquez added for the record that Carmen Gil is now sitting in the capacity of multi hats, and congratulated her as she is now the Gonzales Interim City Manager/Successor Agency Executive Director/Successor Housing Agency Executive Director/Electric Authority Executive Director/Municipal Electric Utility Executive Director.

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Minutes Acceptance: Minutes of Jul 12, 2022 6:00 PM (CONSENT AGENDA)

REGULAR AGENDA

6. Consider Approval of Resolution No. 2022-50, A Resolution of the City Council of the City of Gonzales Authorizing Execution of an Agreement for Employment Recruitment Services with Bob Murray & Associates
Staff Report: City Attorney Rodriquez presented the staff report.

Public Comments: There was none.

Council Discussion: General discussion took place.

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

ADJOURNMENT
The meeting was adjourned at 6:25 PM.

ATTEST:

Mary Villegas, Deputy City Clerk
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Minutes Acceptance: Minutes of Jul 12, 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: 2:39 pm
Date: 06/23/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
47194 Void 06/09/22 Void Blank Check 0.00
Total Checks: 1 Checks Total (excluding void checks): 0.00 Total Payments: 1 Bank Total (excluding void checks): 0.00 Total Payments: 1 Grand Total (excluding void checks): 0.00 AGENDA
ITEM
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Attachment: Warrants #47194-47262 (2481 : Approve City Accounts Payable Warrants #47194-47262) 5 City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number
Vendor Name Check Description
RABOBANK Page: 1
Time: 2:38 pm
Date: 06/23/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
47195 06/24/22 Printed 108 AIRGAS Propane 204.28
AKEL ENGINEERING GROUP 1,495.00
INC.
47196 06/24/22 Printed 4274 Water Supply Assessment Update ALVAREZ TECHNOLOGY 5,925.99
GROUP INC.
47197 06/24/22 Printed 2180 Computer Lease - June 2022
47198 06/24/22 Printed 137 AMERICAN SUPPLY CO. Janitorial Supplies 265.72 47199 06/24/22 Printed 3033 ASAP SIGNS & PRINTING Badge 68.28 47200 06/24/22 Printed 2830 AT&T Internet - June 2022 Acct # 157272955 100.94 47201 06/24/22 Printed 4117 AT&T Monthly Charges - June 2022 429.28 47202 06/24/22 Printed 1618 AVAYA FINANCIAL SERVICES Maintenance - June 2022 641.26 47203 06/24/22 Printed 4244 VICTOR BANUELOS Shirts for Pool & Summmer Camp 973.00 47204 06/24/22 Printed 1471 CAL COAST IRRIGATION, INC. Irrigation Repair 25.85 47205 06/24/22 Printed 3789 CALIFORNIA STRATEGIES, LLC Consulting June 2022 5,000.00 47206 06/24/22 Printed 4119 CANNON CORPORATION GIS Support Services 111.50 47207 06/24/22 Printed 889 CASNER EXTERMINATING, INC. Extermination Services 260.00 47208 06/24/22 Printed 3984 CHALLENGER TEAMWEAR LLC Flag Yourth Jersey Order 2,038.31 47209 06/24/22 Printed 4165 NATHAN CORDOBA Mileage Reimb. - FTO 6/6/22 - 6/10/22 157.76 47210 06/24/22 Printed 3095 CSG CONSULTANTS INC. Plan Check Services 8,901.25 47211 06/24/22 Printed 1821 CSK AUTO, INC. Well #6 Generator Maint. 339.35 47212 06/24/22 Printed 3028 D & J TIRE SERVICE Flat Tire Repair 237.53 47213 06/24/22 Printed 3164 DAVID M. RAMIREZ DDS Utility Reimbursement - May 50.00 47214 06/24/22 Printed 3876 DAY CARTER & MURPHY LLP Micro Grid Legal Services 3,800.00 47215 06/24/22 Printed 3752 DUDEK Final Design of IWWS Project 13008 17,202.50 47216 06/24/22 Printed 3892 ESRI GIS License Renewal 15,000.00 GOLDSTAR BUICK PONTIAC 103.92
GMC
47217 06/24/22 Printed 1084 Vehicle Maint - Rec White Van GONZALES ACE HARDWARE 450.12
INC.
47219 06/24/22 Printed 3274 Electrical Locks
GONZALES TIRE & AUTO 26.17
SUPPLY
47220 06/24/22 Printed 3477 Equipment Repair
47221 06/24/22 Printed 1109 GONZALES UNIFIED SCHOOL Student College Banners 1,945.00 47222 06/24/22 Printed 342 GRAINGER, INC. Fans/Wells 1,198.06 47223 06/24/22 Printed 4071 GREAT AMERICA FINANCIAL Copier Lease - 017 1641260-001 1,841.12 GREEN VALLEY FARM 185.72
SUPPLY
47224 06/24/22 Printed 1319 Orange Safety Vests
47225 06/24/22 Printed 3228 HARRIS & ASSOCIATES, INC. Assess. Districts Engr. Report 5,067.60 47226 06/24/22 Printed 4120 HILL BROTHERS CHEMICAL CO Chlorine 2,531.25 47227 06/24/22 Printed 2215 HINDERLITER, DE LLAMAS & Sales Tax Admin Services April - June 1,586.80 2022
47228 06/24/22 Printed 3485 INFOSEND, INC. Utility Billing 1,191.48 INTERSTATE ALL BATTERY 24.04
CENTER
47229 06/24/22 Printed 134 Sewer Plant Generator Maint. 47230 06/24/22 Printed 2450 ANGEL H. JOHNSTONE CDBG Loans 8,412.06 47231 06/24/22 Printed 1331 KELLY-MOORE PAINTS CO. Sound Wall Paint 277.59 47232 06/24/22 Printed 68 LA PLAZA BAKERY Farewell Get Together 130.00 47233 06/24/22 Printed 204 LN CURTIS & SONS Uniforms 210.01 47234 06/24/22 Printed 2396 MANDEGO APPAREL Staff Shirts 680.85 47235 06/24/22 Printed 72 MISSION UNIFORM SERVICE City Hall Mats 1,339.16 47236 06/24/22 Printed 3970 MNS ENGINEERS, INC. Slurry Seal Project 5,920.00 47237 06/24/22 Printed 245 MONTEREY COUNTY HEALTH Testing 11,898.00 47238 06/24/22 Printed 92 NATIVIDAD MEDICAL CENTER Blood Draw - Suspect 31.00 47239 06/24/22 Printed 3787 NEW SV MEDIA Sales Tax Measure Public Hearing Notice 6,237.50 47240 06/24/22 Printed 91 P. G. & E. Utilities - #1024308210-3 22,295.20 47241 06/24/22 Printed 91 P. G. & E. Utilities 3,419.00 47242 06/24/22 Printed 3821 PASSPORT LABS, INC. Parking Ticket Svc Mgmt Fees 845.92 47243 06/24/22 Printed 3194 PUBLIC AGENCY RETIREMENT Plan Admin Fees - April 2022 477.62 47244 06/24/22 Printed 115 QUILL CORP Misc. Office Supplies 1,737.05 SAFEGUARD BUSINESS 464.08

SYSTEMS
47245 06/24/22 Printed 568 Check Stock - General Account Packet Pg. 15
Attachment: Warrants #47194-47262 (2481 : Approve City Accounts Payable Warrants #47194-47262) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number
Vendor Name Check Description
RABOBANK Page: 2
Time: 2:38 pm
Date: 06/23/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
SALINAS VALLEY SOLID 29,358.26
WASTE
47246 06/24/22 Printed 258 CalRecycle
47247 06/24/22 Printed 2449 SMITH & ENRIGHT Repair Valves and Controller 7,390.00 47248 06/24/22 Printed 2673 SPECTRUM Cable Services - May 428.74 47249 06/24/22 Printed 1857 SUMMIT UNIFORM CORP. Ballistic Vest 983.28 THE SPCA OF MONTEREY 2,490.00
COUNTY
47250 06/24/22 Printed 1890 Monthly Invoice - May
47251 06/24/22 Printed 3577 U.S. BANK 5/6/22 Carmen Gil Acct # 4866 9145 5550 1,517.82 8537
47252 06/24/22 Printed 3577 U.S. BANK 5/6/22 Keith Wise Acct # 4866 9145 5550 2,339.27 8537
47253 06/24/22 Printed 3577 U.S. BANK 6/6/22 Keith Wise Acct # 4866 9145 5550 2,877.77 8537
47254 06/24/22 Printed 3577 U.S. BANK 6/6/22 Jason Muscio Acct # 4866 9145 974.14 5550 8537
47255 06/24/22 Printed 3577 U.S. BANK 6/6/22 Rene Mendez Acct # 4866 9145 230.23 5550 8537
47256 06/24/22 Printed 3577 U.S. BANK 6/6/22 Patrick Dobbins Acct # 4866 9145 250.80 5550 8537
47257 06/24/22 Printed 3577 U.S. BANK 6/6/22 City of Gonzales Acct # 4866 9145 1,041.82 5550 8537
47258 06/24/22 Printed 103 USA BLUE BOOK Testing Equipment 269.06 47259 06/24/22 Printed 379 V & V MANUFACTURING, INC. Badges 226.88 47260 06/24/22 Printed 4273 JESUS E VALENZUELA FELIX 75th Celebration Videos 550.00 47261 06/24/22 Printed 2260 FRANCISCO VALLADAREZ Reimbursement for Lunches Little Caesars 86.96 & Burger Queen
WILLDAN FINANCIAL 862.50

SERVICES
47262 06/24/22 Printed 3682 Development Impact Fees
Total Checks: 67 Checks Total (excluding void checks): 195,631.65 Total Payments: 67 Bank Total (excluding void checks): 195,631.65 Total Payments: 67 Grand Total (excluding void checks): 195,631.65 Packet Pg. 16
Attachment: Warrants #47194-47262 (2481 : Approve City Accounts Payable Warrants #47194-47262) City of Gonzales

COMMUNITY DEVELOPMENT DEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: July 18, 2022
FROM: Taven Kinison Brown, Community Development Director THROUGH: Carmen Gil, Interim City Manager
SUBJECT: Community Development Activity Report

1. BUILDING DIVISION ACTIVITY
From the period May 28, through July 11, 2022, the city issued 7 permits from the Building Division for residential solar panels, reroofing, fire sprinklers, a furnace and duct work. The estimated valuation of all improvements was $58,295.65.

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 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. A traffic study is underway for the cooler as the developer continues to fine-tune the proposal.

On Friday July 1, 2022, City staff released a “Request For Proposals For The Sixth Cycle Housing Element Update Planning Period 2023-2031.” The City of Gonzales (City) invites proposals from consultant firms or consultant teams to complete a housing element update, related rezoning and all necessary environmental review as required under State law, in a manner AGENDA
ITEM
6 Packet Pg. 17
consistent with the Regional Housing Needs Allocation 6th Cycle (RHNA 6) planning period (2023-2031).

3. APPROVED COMMERCIAL PROJECTS AND THEIR 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.

4. OTHER COMMUNITY DEVELOPMENT DEPARTMENT ACTIVITIES
For the D’Arrigo Property in the city limits, staff met on-line July 7, 2022 with the advance planning team of D.R. Horton, a home construction company, who has expressed a desire to meet with city staff, the Planning Commission and City Council to explore the City’s General Plan objectives and community needs. Staff will schedule these meetings in the coming weeks and months as we engage the community in this outreach effort to give shape to the eventual project submittal.

Staff will also be bringing forward a City of Gonzales Agricultural Mitigation Policy, as this will be needed moving forward as we review anticipated larger developments. Staff met with the Executive Director of the Agricultural Land Trust of Monterey County and will be re-engaging the city work done to date by earlier staff and giving shape to a policy recommendation through the Planning Commission and to the City Council.

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City of Gonzales

COMMUNITY ENGAGEMENT & STRATEGIC

PARTNERSHIPS

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: July 18, 2022
FROM: Carmen Gil, Interim City Manager
SUBJECT: Community Engagement & Strategic Partnerships Activity Report Gonzales Youth Council

1. Although the Gonzales Youth Council will be out of school over the summer, some of its members, those wishing to be youth commissioners, are going to go through a summer intensive program with the City. They are going through an in-depth learning process on everything from professionalism to how to develop and execute projects, to learning how each City Department functions.

2. This program will be three weeks long and it is being run by former Youth Commissioners with support from the GYC adult allies. Five GYC members will be invited to go through it and they are excited to learn and to get more connected not only with each other, but also with Department Heads and staff.

Community Health Workers (CHWs)

1. In June, the Community Health Worker program was spotlighted by the County through their VIDA social media sites and their electronic newsletter. Our program continues to stand out and lead the County’s COVID-19 resiliency and support efforts.

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

AGENDA
ITEM
7 Packet Pg. 19

3. In the month of June, the CHW continued to see an increase in testing demand and in the percentage of positivity rate. The team conducted a total of 192 tests, 11 Medi-Cal applications, and handed out 100 at-home tests.

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City of Gonzales

FIRE DEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: July 18, 2022
FROM: Jason Muscio, Fire Chief
THROUGH: Carmen Gil, Interim City Manager
SUBJECT: Fire Department Activity Report

RESPONSES
The Fire Department responded to 67 calls for service during the month of June, and a total of 354 calls so far for calendar year 2022. This is compared to the 2021 calendar year where June saw 63 calls for service and a total of 342 calls for the same time period. During June the Fire Department responded to 6 vegetation fires, 3 major injury accidents, and 2 calls for mutual aid to other agencies. The remainder of calls for service were mostly medical emergencies and other calls for service.

STAFFING
Staffing stands with 6 fulltime personnel including the Fire Chief, 3 Lieutenants, and 2 Firefighters.

Testing and interviews for the vacant Firefighter position were conducted and a candidate was selected, we are awaiting the results of the candidate’s pre-employment physical and we are hoping for a mid-July start date. We have 3 active Volunteer Firefighters, and we currently have one application in progress for an additional volunteer.

TRAINING
Training was conducted at the shift level and included advanced wild land fire training tactics as well as training in the incident command system. Advanced training courses for the Lieutenants have been scheduled for the fall through the Monterey Peninsula College fire academy.

EQUIPMENT
All apparatus remains in service and without the need of significant repairs.

AGENDA
ITEM
8 Packet Pg. 21

PREVENTION
Inspections of businesses and residential rentals continue daily. Inspections for the large vegetable coolers are scheduled for July and August. One CPR class was offered and there was one fire station visit from a local daycare.

GRANTS
Grant opportunities continue to be explored with the assistance of California Consulting LLC.

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City of Gonzales

POLICE DEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: July 18, 2022
FROM: Keith Wise, Chief of Police
THROUGH: Carmen Gil, Interim City Manager
SUBJECT: June 2022 Activity Report
Crime and Arrests
The Gonzales Police Department investigated 13 Part I Crimes (Homicide, Robbery, Theft, Burglary, Rape, Assault and Motor Vehicle Theft) during the month of June 2022. During the same time last year, there were 11 Part I Crimes investigated.

During the month of June 2022, Officers made 8 arrests. During the same time last year, there were a total of 8 arrests.

Calls for Service
The Department responded to 584 calls for service in June 2022. There were 79 crime, accident, and information reports taken during the month.

Animal Control
During the month of June 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 0 1 0 0 0 0
Dogs 1 0 0 0 4 1
Total = 1 1 0 0 4 1
Significant Cases
AGENDA
ITEM
9 Packet Pg. 23
Although the Police Department responded to 584 calls for service during the month of June 2022, the most significant cases involved 13 Part I crimes. 0 - Rape, 0 -Robbery, 1 -Assault, 0 -Burglary, 10 - Larcenies, and 2 -Stolen Motor Vehicle Thefts.

Training
The Department continues to conduct in-house training.

Other
Officer Fierros along with ACO Zepeda attended the La Gloria Career Day, held on June 6, 2022 at La Gloria Elementary School.

On June 27, 2022, Officer Perez participated in the Law Enforcement Torch run.

Police Officer David Rivera was hired by the Department on June 27, 2022.

Corporal Cordoba attended a 40-hour POST certified Field Training Officer Course on June 6-June 10, 2022 in San Jose.

Packet Pg. 24
City of Gonzales

PUBLIC WORKS / CITY ENGINEER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: July 18, 2022
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, Interim City Manager
SUBJECT: Public Works Activity Report

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. At the 2/07/2022 City Council meeting, a $175,000 contract with Alltech Services (low bidder) was approved. The generator at the Calif Breeze Sewer Lift Station will also be replaced under this contract but will be funded with Sewer Impact monies. The contract has been executed, a kick-off meeting held on 3/02/2022 and the generators were ordered on 3/07/2022. The 25KW generator for city hall has an expected ship date of 8/09/2022 and the 80KW generator has an expected ship date of 10/02/2022.

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, City staff met with staff with the State Water Resources Control Board and discussed status of their review of the City’s State Revolving Fund loan application.

WATER PROJECTS
AGENDA
ITEM
10 Packet Pg. 25

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. Staff prepared a draft agreement with the property owner and the City Attorney is reviewing it.

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 to VSS International was made at the 6/20/2022 Council Meeting. A Preconstruction Meeting is scheduled for 7/27/2022 and the field work is expected to begin on 8/22/2022.

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.

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.

3. Rianda Cooler Development Project (Gloria Road) – The applicant’s design consultant is preparing a Project Description for the project CEQA document. Staff is coordinating with the applicant’s site civil engineer and water/wastewater consultant on the initial design and layout.

Packet Pg. 26

4. Last month, DR Horton entered into an agreement with D'Arrigo Bros to develop the 130 acre parcel in the city. A kick-off meeting with DR Horton and City staff was held on 7/07/2022.

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 FY2022/23 Assessment Districts and the public hearing was scheduled for the 6/20/2022 Council Meeting. The Assessment Rolls will be forwarded to the County Assessor by 8/04/2022.

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
The Pista Grit at the treatment plant is almost repaired, we are awaiting one more part. Cal Coast Electric has been working on replacing the old panel. Jimmy Vasquez has received his Operator in Training certificate and is now working daily at the WWTP. Staff continues to take daily tests and inspections at the plant. Staff is still working with our consultant to finish the pretreatment program.

WATER
Staff continues to monitor the wells and sampling stations around town.

There was a water main break on Gabilan court last week. Since the water is not being used, staff will cap the line and fill the hole as a temporary fix until the community center is started. There was also a water leak on Zinfandel Circle. West Valley was needed to repair the lateral.

Packet Pg. 27
Suez will be out in July to inspect Tank 1. We opted to have a visual done rather than empty the tank, due to drought conditions.

Well 7 is crawling to the finish line. Ethernet cable has been installed to enable FRM to install SCADA.

TESCO is due to arrive on site July 11-13.

STORM WATER
Staff continues to perform inspections and testing. Staff trains regularly for illicit discharges. Staff will begin preparing for the annual stormwater report.

PARKS

CANYON CREEK AND MEYER PARK
Staff regularly mows and edges the parks. Staff has been trimming trees in Central park. Staff had to replace the irrigation box at Central Park, it was broken when a tree limb fell on the box.

Staff repaired the softball fence at Centennial Park.

Packet Pg. 28

GOVERNMENT BUILDING
Staff cleans the Vosti restrooms every morning. Staff also cleans the Council Chambers several times a week.

Staff had a HAZMAT Inspection and was required to clean up the mechanics area.

STREETS
Staff has been filling potholes throughout town. Staff also added centerline striping and speed dots on Zinfandel and Cabernet at the request of residences.

Our Mechanic keeps our vehicles and equipment repaired.

Staff has been trimming trees along Alta minor.

Packet Pg. 29

PLANNING
Public Works Director and City Engineer continue 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
Upcoming staff training: Monterey Bay Waterworks will provide training for the South County Cities on July 28. The topic will be pump maintenance and repair: the City of Gonzales will host. South County Public Works will host a training in September on Stormwater.

INTERNSHIP
Leobardo Rojas has joined us as our new intern. He is currently helping out at City Hall. He is also helping us with data entry for the Lead and Copper survey.

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City of Gonzales

PARKS & RECREATIONDEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: July 18, 2022
FROM: Carmen Gil, Interim City Manager
SUBJECT: Activity Report
Current Activities

1. June was a busy month for the Aquatics Team as we prepared for a soft launch opening day on June 6, 2022, and then transitioned into a regular schedule on June 13, 2022. Our Pool staff includes 1 Pool Manager, 2 Assistant Pool Managers, 5 Lifeguards, and 8 Recreational Leaders.

2. Currently, our most popular program for Aquatics is our Swimming Lessons, which are offered weekdays and Saturday Mornings. Our Weekday Swim Lessons have an average enrollment size that ranges between 40-50 students, with each session lasting 2 weeks. Our Saturday Morning Swim Lessons are 4 weeks long and enrollment size is about 10-12 students. We just initiated our 2nd Weekday Swim Lesson Session, on June 28th.

3. We ended Kid Power after school on June 9
th
. We had a pizza and ice cream party to end the year. We had 51 children for the June after school program. We then hired and trained our summer camp team.

Summer camp has a team of 18 staff; they went through a weeklong training, so they were ready to kick off summer camp. Summer camp is a seven weeklong program. It opens at 7:30am and closes at 5:30pm every day. It is $75 per week. Camp includes arts and crafts in La Gloria classroom, some park time at Central Park, big group games at the Fairview gym and of course our Gonzales swimming pool.

4. Our theme for the first week of Summer Camp was “Around the World and Personal Hygiene.” The staff did arts and crafts with the children that focused on around the world and did activities teaching the children the importance of hygiene. For our field trip for week one, the children enjoyed the movie Matilda and enjoyed some yummy snacks. Week one had 64 campers.

AGENDA
ITEM
11 Packet Pg. 31

5. Our second week theme was “Gardening and Bully free zone.” They did many arts and crafts while also learning about how things grow. They learned how to be nice to their friends and about bullying.

For our fun day, we had a bounce house come and the kids had a blast. We had 77 campers for week two. We have 5 more weeks of fun left!

6. City of Gonzales has started our Summer Adult Co-ed Softball League. This season we have 4 new teams that registered. Our 2022 season has 11 teams. We were able to have 2 divisions, a higher and lower bracket. We have approximately 160 participants in the league.

7. For the month of June, we have also started our Summer Youth Flag Football League. We have ages 5-14. We have 1 combined team in our 5-7 age group and 3 teams in our 8 to 10 age group, and 3 teams in our 11 to 14 age group. Our 5-7 division was able to collaborate with Soledad and have play two games against their 8U teams. We have a total of 61 participants, 6 coaches, 4 assistant coaches and 2 officials.

8. This summer we offered Youth and Adult Open gym. Both are two days a week. Participation is slowly picking up.

Activities in Planning Phase

1. The City of Gonzales is currently reviewing a special event permit to host Circus Royal Spectacular Corporation. The expected dates for the event are August 11th- 15th and they will be arriving to Centennial Park on August 8th, and leaving town by August 16th.

2. Gonzales has also collaborated with Soledad Recreation to introduce a new sport. South County Girls Powderpuff Flag Football League. We are hoping to have a league this Fall. Registration will begin in July.

3. Gonzales Youth Flag Football is collaborating with South County and will be participating in a Flag Football tournament on Saturday July 9th. Greenfield will be hosting the event. Four of our teams, 2 from our 8-10 division and 2 from our 11-14 division will be participating in the tournament.

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City of Gonzales

CITY MANAGER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: July 18, 2022
FROM: Carmen Gil, Interim City Manager
SUBJECT: Resolution No. 2022-51 in Support of Measure K's Oversight Committee's List of Recommended Programs and Services

RECOMMENDATION
It is recommended that the City Council:
• Receive a staff report regarding Measure K’s Oversight Committee budget recommendations for FY 2022-2023;
• Accommodate public comment period;
• Discuss the staff report and spending priorities; and • Adopt Resolution No. 2022-51, A Resolution of the City Council of the City of Gonzales Approving the Measure ‘K’ Oversight Committee’s Recommended List of Services and Programs to be Funded with Tax Proceeds Received from the Measure ‘K’ Transition and Use Tax, During Fiscal Year 2022-2023, Including Funding Allocations

BACKGROUND
In November 2014, 65 percent (65%) of Gonzales voters approved Measure ‘K’, enacting a one-half percent (0.5%) transactions and use tax. Included with the passage of the Measure ‘K’ Transaction and Use Tax (TUT) was the formation of an Oversight Committee to monitor and provide advisory recommendations to the City Council regarding the use of the tax revenues. Formation of the Oversight Committee was instrumental to the passage of Measure ‘K’ and necessary to maintain the public transparency needed for the use of these funds.

REVIEW AND ANALYSIS
AGENDA
ITEM
12 Packet Pg. 33
After careful consideration Measure K’s Oversight Committee is recommending the list of program and services below to be supported with Measure K funds in FY 22/23. They have determined that the list supports the City’s Vision and Mission and critical City programs and services.

Exhibit ‘A’ is the Committee’s recommended list of projects to be funded in FY 2022-2023 with TUT funds.

The TUT budget in 2018/2019 was $525,000; the budget in 2019-2020 was $575,000; the budget for 2020-2021 was $620,000; in 2021-2022, it was $705,000; and in 2022-2023, it is $750,000 a 6.40% increase from the previous year.

Recommended FY 2022-2023 Funding Priorities
Exhibit ‘A’ of the Resolution is a matrix that details the recommended projects and programs for FY 2022-2023. The programs are broken down as follows:
• Group 1 are “High Priority” projects that are recommended for continued funding; • Group 1A are Additional Project/Program recommended for FY 2022-2023 • Group 2 are projects/programs gathered from City Department heads and general discussions with the City Council, as well as ideas gathered from the Community.

Recommended for FY 2022-2023 - Group 1

1. Fund the debt service for the renovation of the Community Pool. ($130,000) On March 7, 2016, the City Council approved a financing plan for the Community Pool Improvement Project. The approved financing plan includes private placement financing of approximately $1.5 million for a period of fifteen (15) years at an interest rate of 2.88%. The annual debt service payment is slightly less than $130,000, which staff recommends be funded through the proceeds received from the Transaction and Use Tax. This obligation will carry-forward to cover the annual debt service until the debt service is paid off or as long as the tax is in place.

2. Fund Youth Services/Development Activities ($95,000), including: (a) Youth Services Development Staffing; (b) Gonzales Youth 21st Century Success Initiative (GY21CSI), including:

Kinder readiness, 3rd grade reading and writing proficiency, and 8th grade math proficiency, and incorporates the Gonzales Youth Council. The City Council continues to consider the funding of services for youth programs and development to be of a high priority.

After School ‘Kid-Power’ Program ($45,000). In 2017, the City of Gonzales created Kid Power to complement the Gonzales Unified School District after-school program known as A.S.E.S (After School Education and Safety Program). The ‘Kid-Power’ program now stands independent of A.S.E.S and has become a staple in the community.

The program provides recreational enrichment and homework, and other educational assistance and programming. In line with the City’s youth initiative, the funding has allowed the City to provide additional resources and programs for youth.

Gonzales Day Camp ($60,000): The City’s Recreation Department’s Summer Day Camp has been a community favorite since its inception in 2016. As proposed, the day camp will continue to provide the means for parents, and families to have reliable day care for their children for the entire 8 weeks that school is not in-session during the summer months. As envisioned, the program will have a 1 to 12 adult-to-child ratio with 1 Summer Camp Intern for each group of children. Children would be grouped by ages to keep activities age appropriate.

Packet Pg. 34
Summer Day Camp will include daily swimming, environmental education, STEM activities, character education, service learning, arts and crafts, group games, daily reading activities, walking trips to parks and the library, participation in popular City activities such as Fun in the Garden, and the Kid’s Safety Academy, once a week field trips and City-sponsored learning activities.

To keep the cost affordable for families, maintain and expand the program1, the proposed budget and recommended Measure ‘K’ funds allocation is $60,000, which will be used to offset the cost of staff for the program which sees 100-225 participants. With the cost of staff offset, the price is approximately $75 per week. Because the program will be funded with City of Gonzales tax monies, the reduced rate program will continue to be limited to those who can show proof that at least one parent or guardian either lives or works in Gonzales. The benefit of this funding cannot be understated because it allows the program to be provided for $75 a week to Gonzales residents which translates to $15 per day for an enriched recreational and educational experience. Bottom line for $15 a day, parents get peace-of-mind because they are able to drop off their child as early as 7:30 a.m. and pick the child up as late as 5:30 p.m.; which is considerably less expensive than childcare and most programs of this kind. Continuing funding for this activity will help the City meet its Youth Development goals by: providing jobs and internship opportunities to more youth; meeting the needs of working families for reliable and consistent childcare; prevent “summer slide” in education; allowing more space in the Summer School program for youth who truly need academic assistance; expose the youth participants to all of the wonderful programs the City has developed; create an open environment for youth to use hands on learning in areas that they might not otherwise be exposed to; provide opportunity to participate in service learning projects to help the community; and most of all, build lifelong relationships with staff and others who serve as positive role models.

3. Community Participation Grants ($30,000): This program has been very successful and has become a staple in the community. This funding allows local community groups, and advocates to perform a service for the community through various unique community activities (e.g., Senior Services, Adult Learning, Child Services, Educational Advancement, Quality of Life and Economic Development).

4. Police Department Community, Business and Neighborhood Watch Program ($5,000):

Neighborhood Watch enlists the active participation of residents and business, in cooperation with law enforcement, to reduce crime throughout the City. The objective of the program is to educate community residents and business owners regarding their roles and responsibilities in the prevention of crime, and to encourage them to take active measures to prevent crime. The program calls upon residents and business owners to step forward and assist the police in organizing the community into a cohesive unit working toward the goal of building a safer, crime-free neighborhood. Under this program, Police Officers supply crime information to the community and instruct residents in various crime prevention techniques.

5. Senior Programming ($25,000): Based on input from the community, MKOC and staff is continuing to recommend funding to support senior programming. In FYs 2020-2021 / 2021- 2022, support for this program was used to reach out to senior citizens during the COVID-19 pandemic to ensure their needs were met and to help provide them with additional services and resources. In FY 2022-2023 efforts to establish a Community Senior Action Team and strengthen partnerships with existing community efforts like ‘Adventure Seeking Senior’ will be picked up again.

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6. Continue Tree Replacement Program ($30,000): This would be the 5th year of this program. It has resulted in several trees being replaced at Central Park and other public areas to improve safety and enhance the visual environment. For example, there are numerous trees around town that need to be replaced. If approved, the proactive tree replacement program will allow us to do so as needed.

7. Olinga “Wings of Knowledge” Youth STEM program ($30,000): Setting aside funds for this program would assure the continuation of STEM programming available to Gonzales Youth. This STEM program has resulted in our youth constructing water sensors in partnership with local farmers and a weather station in partnership with the National Oceanic and Atmospheric Administration (NOAA) that has been placed into production and is supplying data into the NOAA weather prediction algorithms that leads directly to improving the local forecast. Even during COVID, with the required restrictions, this program was still able to operate successfully.

8. Salinas Valley Promise Scholarship Program ($15,000): This program began in FY 2019-2020 and is a partnership with Hartnell College. This program is heavily focused on keeping young students in college during the most critical first two years. The impact of this program cannot be overstated in that in the academic year 2019-2020 it saw approximately half (55) of our graduating seniors move into higher education enroll into Hartnell. With the impact of the pandemic academic year 2021-2022 saw a slight increase (59) in students attending Hartnell which we expect to continue into year 2022-2023.

Recommended for FY 2022-2023 - Group 1A

9. Co-Sponsored Licensed Clinical Social Worker (LCSW) with GUSD ($69,000): In partnership with GUSD, and as a result of findings form the Mental Health Survey done by the Gonzales Youth Council of their peers, staff proposes to continue funding half of a LCSW position that would be available to support Gonzales youth with their mental health needs and work in collaboration with city staff, law enforcement and first responders.

10. Three new full-time Fire Fighter positions to Augment Services ($200,000): The Gonzales Fire Department has a long and rich history of utilizing volunteers to cover the community, however, with the increase in large fires that annually appear to plague the State, Cal Fire is keeping their temporary/seasonal positions longer, which has made it very difficult for departments to maintain the number of volunteers needed. With the support of the TUT Measure K Committee, 3 eightmonth seasonal Fire Fighter positions were approved and added in FY 2021-2022; however, because Fire Fighters are in such high demand, and it is difficult to retain them here on a seasonal basis, Council approved converting the three seasonal positions to full time.

11. Shop Small Business Campaign ($6,000): In an effort to support local commerce, educate the public about local taxes, and support an increase in incoming revenue for Measure X, the Council has agreed to support a Shop Small Business Campaign. Funding is needed to purchase banners, signs, and other promotional materials to encourage local shopping especially during the Holiday seasons.

Recommended for Consideration in FY 2023-2024 - Group 2

12. Tot-Lot / Meyer Park (up to $25,000): Existing structure for 5-12-year-old children was replaced in 2020; the existing structure designed for 2-5-year-old children was not removed in 2020 because of budget constraints; the new Tot-Lot would result in all playground facilities in the City having a manufacturer’s warranty.

13. Indoor Pool Structure Initial Concept (up to $35,000) Packet Pg. 36
The Measure K Committee is interested in looking at the possibility of covering the pool so that it can be used year-round. This initial funding would allow the city to engage an architect to develop a concept of what that could look like and provide an initial cost estimate for further consideration.

14. City Facility Assessment (up to $35,000)
To better understand which city facilities require maintenance and upgrades and to have a City Facilities Plan, an initial assessment needs to be conducted to prioritize and identify issue areas.

This funding would allow for the plan to be created and to begin prioritizing projects that need to be addressed.

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 Measure ‘K’ Transaction and Use Tax offers a significant source of funds for the City to undertake public projects that it might otherwise not be able to do. The programming of the funds is evaluated by an Oversight Committee appointed by the City Council. The Committee’s actions are guided by the Council Mission and Vision Statement and their recommendations are then approved by the Council.

Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.

Explain: Please refer to the explanation written above for the Mission.

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

Explain: Please refer to the explanation written above for the Vision.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing Yes No X N/A
• Recreation X Yes No N/A
• Environment X Yes No N/A
• Education X Yes No N/A
Explain: The recommended list of services and programs addresses a variety of the areas above while being fiscally responsible.

BUDGET IMPACT
Based on current and projected sales tax activity, staff is projecting a 6.40% growth rate in FY 2022-2023 (from $705,000 to $750,000).

CONCLUSION
Packet Pg. 37
It is recommended that the Council adopt Resolution No. 2022-51, A Resolution of the City Council of the City of Gonzales Approving the Measure ‘K’ Oversight Committee’s Recommended List of Services and Programs to be Funded with Tax Proceeds Received from the Measure ‘K’ Transition And Use Tax, During Fiscal Year 2022-2023, Including Funding Allocations.

Attachments:

1. Resol 2022-51

2. TUT Proposed Projects
Packet Pg. 38
RESOLUTION NO. 2022-51

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES APPROVING THE MEASURE ‘K’ OVERSIGHT COMMITTEE’S RECOMMENDED

LIST OF SERVICES AND PROGRAMS TO BE FUNDED WITH TAX PROCEEDS RECEIVED FROM THE MEASURE ‘K’ TRANSITION AND USE TAX, DURING FISCAL YEAR 2022-2023, INCLUDING FUNDING ALLOCATIONS
WHEREAS, on November 4, 2014, 65 percent (65%) of Gonzales voters approved Measure ‘K’, enacting a one-half percent (0.5%) transactions and use tax; and WHEREAS, included with the passage of the Measure ‘K’ Transaction and Use Tax, was the formation of an Oversight Committee to monitor and provide advisory recommendations to the City Council with regard to the use of the tax revenues; and WHEREAS, formation of the Oversight Committee was instrumental to the passage of Measure ‘K’, and necessary to maintain the public transparency needed for the use of these funds; and
WHEREAS, on May 17th, 2022, the Oversight Committee met, reviewed and discussed a list of possible services and programs to fund with tax proceeds in FY 2022-2023 premised on the City’s Mission and Vision Statements; and
WHEREAS, after consideration of all pertinent testimony, the information contained in the staff report, comments from the public, and the comments and discussion of its members, the Oversight Committee had the pertinent information necessary to formulate a recommended list of funding priorities and funding allocation for the use of Measure ‘K’ tax proceeds; and WHEREAS, the City Council has reviewed and approved the list or funding recommendations and funding allocations that the Measure ‘K’ Oversight Committee has put forward; and
WHEREAS, the City Council agrees and approves the recommended list of priorities; NOW, THEREFORE, BE IT RESOLVED by the City Council of Gonzales that Section 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

Section 2. The City Council approves the recommended list of prioritized services and programs identified in the attached Exhibit ‘A’ for funding with tax proceeds from the Measure ‘K’ Transaction and Use Tax, including funding allocations.

Packet Pg. 39
Attachment: Resol 2022-51 (2474 : Resolution No. 2022-51 Measure K List of Programs & Services FY 22-23) PASSED AND ADOPTED at a regular meeting of the Gonzales City Council duly held on the 18
th day of July 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. 40
Attachment: Resol 2022-51 (2474 : Resolution No. 2022-51 Measure K List of Programs & Services FY 22-23) FY 2022-23 Draft
Budget
Remaining
Funds Notes
$750,000
1 $130,000 $620,000.00 Annual debt service
$45,000 $575,000.00
$50,000 $525,000.00
$45,000 $480,000.00
$60,000 $420,000.00
3 $30,000 $390,000.00 This continues the award winning efforts that where recognized by the Robert Wood Johnson Foundation (RWJF) in 2019.
4 $5,000 $385,000.00 Continues this effort that has resulted in several events, trading cards and coins to provide to the community and other outreach efforts.
5 $25,000 $360,000.00
Continue growing this program that will see the establishment of a Community Senior Action Team and stronger partnerships with existing community efforts like "Adventure Seeking Seniors".
6 $30,000 $330,000.00 Continue providing matching funds for the tree replacement program. 7 $30,000 $300,000.00 This program provides a STEM opportunity for our youth and is currently being housed out of the City .
8 $15,000 $285,000.00 This program began FY19/20. This is a partnership with Hartnell College that provides financial support, computers, and more important mentor and leadership support to first year students. $0.00 $285,000.00 This program was supported in the past, but with the City receiving funds from the American Rescue Plan, it is currently being supported by those funds. 9 $69,000 $216,000.00
This position is joint effort through an MOU that is being done not only to increase much needed mental health services for our community, but also as a result of the findings from a Mental Health Survey done by the Gonzales Youth Council of their peers, but also to help with post pandemic impacts.
10 $200,000 $16,000.00
The Gonzales Fire Department has a long and rich history of utilizing volunteers to cover the community, however, with the increase large fires that annually appear to plague the State, Cal Fire is keeping their temporary/seasonal positions longer, which has made it very difficult for department to maintain the number of volunteers needed. With the support of the TUT Measure K Committee, 3 eight-month seasonal fire fighter positions were approved and added in FY 2021-2022; however, because fire fighters are in such high demand and Cal Fire is making it more difficult to retain fire fighters, in order to provide the level of coverage needed for our Community the Council approved converting the three seasonal positions to full time. 11 $6,000 $10,000.00
In an effort to support local commerce, educate the public about local taxes and support an increase in incoming revenues for Measure X, the Council has agreed to support a Shop Small Business Campaign. Funding is needed to purchase banners, signs and other promotional materials to encourage local shopping especially during the Holiday seasons. 12 Up to $25,000
Existing structure for 5-12-year-old children was replaced in 2020; the existing structure designed for 2-5-year-old children was not removed in 2020 because of budget constraints; the new Tot-Lot would result in all playground facilities in the City having a manufacturer’s warranty.
13 Upt to $35,000
There has been a large interest from community to have our current pool become an indoor pool that can be used year-round. This initial funding would allow the city to engage an architect to develop a concept plan of what that could look like and provide an initial cost estimate for further consideration.
14 Up to $35,000
In order to better understand which city facilities, require maintenance and upgrades and have a City Facilities Plan, an initial assessment needs to be conducted to prioritize and identify issue areas. This funding would allow for the plan to be created and prioritize projects that need to be addressed.

EXHIBIT 'A'
Recommended Projects/Programs and Funding Allocations for FY2022-2023 Measure 'K' Revenue
Estimated TUT Revenue
2 Projects
Community Pool Debt Service
Youth Services /Development:
-After-School Kid Power Program This continues the award winning efforts that where recognized by the Robert Wood Johnson Foundation (RWJF) in 2019.

This continues the award winning efforts that where recognized by the Robert Wood Johnson -Gonzales Youth 21st Century Success Foundation (RWJF) in 2019.

Initiative (GY21CSI)
Group 1 "High Priority" Projects (Annually Funded)
Group 1A "High Priority" Project (started in FY 2021-2022) Group 2 - Other Suggest Projects
Olinga "Wings of Knowledge" Youth STEM
Program
T-Mobile Hotspots
-Gonzales Day Camp
Community Participation Grants
Police Dept. Community, Business and
Neighborhood Watch Program
Jointly Fund (50%) of a License Clinical Social
Worker position with GUSD to increase
mental health services for our youth and
community.

Senior/Adult Programming
Continue Tree Replacement Program
Salinas Valley Promise Scholarship Program
Help offset the cost of 3 new fulltime Fire
Fighter positions to augment and maintain
the high level of fire services for the
community.

Tot Lot at Meyer Park
Shop Small Business Campaign
Indoor Pool Structure Initial Concept
City Facility Assessment
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Attachment: TUT Proposed Projects (2474 : Resolution No. 2022-51 Measure K List of Programs & Services FY 22-23) City of Gonzales

CITY MANAGER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: July 18, 2022
FROM: Carmen Gil, Interim City Manager
SUBJECT: Resolution No. 2022-52 Measure X Priority List Recommendation

RECOMMENDATION
It is recommended that the City Council approve Resolution No. 2022-52, A Resolution of the City Council of the City of Gonzales Approving Measure X’s Recommendation of Prioritizing the Gonzales Community Center Complex and the Roads and Streets Program as the Initial Projects to Fund with Funding from Measure X.

BACKGROUND
In November of 2020, the community of Gonzales passed Measure ‘X’, a half-cent sales tax to support projects that enhance the quality of life for the people of Gonzales. One long anticipated project that the community has advocated for is the Gonzales Community Center Complex. Measure ‘X’ is projected to bring in $750,000 in FY 2022-2023. These funds will allow for the continuation of work on this project and once that project is complete the next project on the list of prioritizations is the Roads and Streets Program. Prioritizing one of these programs is key to ensuring that the projects get completed in a timely manner. Last fiscal year, the Measure ‘X’ Committee prioritized the Gonzales Community Center, and they are recommending the same for this year fiscal yar.

REVIEW & ANALYSIS
The community has long advocated for the Gonzales Community Center Complex and because they worked hard to get Measure ‘X’ passed to support the project, the Measure ‘X’ Committee recommends continuing to prioritize the Gonzales Community Center Complex as the first project to be funded with the Measure ‘X’ funds. Without making this project a priority, the community will have to wait longer to see it come to fruition.

AGENDA
ITEM
13 Packet Pg. 42
Duties and Commitments
The Measure ‘X’ Oversight Committee recommends the prioritization of the Gonzales Community Center Complex project in FY 2022-2023, so that staff can continue to work on it and the project continues to advance.

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: Continuing to prioritize the Gonzales Community Center Complex will allow staff to continue working on moving the project forward, which in turn will get us closer to bringing it to fruition.

Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes _____No _____ NA
Explain: Please see explanation above for the Mission.

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
Without the prioritizing these two projects: 1) Gonzales Community Center Complex 2) A Roads and Streets Improvement Plan, it will take more time to generate the funds needed to advance the different components of the project.

BUDGET IMPACT
There is no impact to the budget by prioritizing the Gonzales Community Center as the first project that Measure ‘X’ funding supports.

CONCLUSION
It is recommended that the City Council approve Resolution No. 2022-52, A Resolution of the City Council of the City of Gonzales Approving Measure X’s Recommendation of Prioritizing the Gonzales Community Center Complex and the Roads and Streets Program as the Initial Projects to Fund with Funding from Measure X.

Packet Pg. 43
Attachments:

1. Resol 2022-52
Packet Pg. 44
RESOLUTION NO. 2022-52

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES APPROVING MEASURE X’S RECOMMENDATION OF PRIORITIZING THE

GONZALES COMMUNITY CENTER COMPLEX AND THE ROADS

AND STREETS PROGRAM AS THE INITIAL PROJECTS TO FUND WITH

FUNDING FROM MEASURE X
WHEREAS, on November 3, 2020, Gonzales voters approved Measure ‘X’, enacting a onehalf percent (0.5%) transactions and use tax; and WHEREAS, Measure ‘X’ was passed by voters to support projects set to enhance the quality of life of the people of Gonzales; and
WHEREAS, formation of the Oversight Committee was instrumental to the passage of Measure ‘X’, and necessary to maintain the public transparency needed for the use of these funds; and
WHEREAS, in Fiscal Year 2022-2023 it is projected that that Measure ‘X’ will bringing in $750,000 dollars; and
WHEREAS, after consideration of all pertinent testimony, the information contained in the staff report, comments from the public, and the comments and discussion of its members, the Oversight Committee had the pertinent information necessary to formulate a list of funding priorities for the use of Measure ‘X’ tax proceeds; and WHEREAS, the Measure ‘X’ Oversight Committee is recommending the prioritization of 1) The Gonzales Community Center Complex, and 2) The Roads and Streets Program for funding in that order; and
WHEREAS, the City Council has reviewed the recommendation of the Measure ‘X’ Oversight Committee; and
WHEREAS, the City Council agrees and approves the recommended priorities.

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

Section 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

Section 2. The City Council approves the recommended prioritized projects identified by the Measure ‘X’ Oversight Committee for funding with tax proceeds from the Measure ‘X’ Transaction and Use Tax.

Packet Pg. 45
Attachment: Resol 2022-52 (2483 : Resolution No. 2022-52 Measure X Priority List Recommendation) PASSED AND ADOPTED at a regular meeting of the Gonzales City Council duly held on the 18 th day of July 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. 46
Attachment: Resol 2022-52 (2483 : Resolution No. 2022-52 Measure X Priority List Recommendation) RESOLUTION NO. 2022-53

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

AUTHORIZING THE USE OF REMOTE TELECONFERENCED MEETINGS OF THE CITY COUNCIL PURSUANT TO ASSEMBLY BILL 361
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency in the State of California, as defined under the California Emergency Services Act, due to the COVID19 pandemic; and WHEREAS, on March 6, 2020, the Monterey County Administrative Officer issued a similar declaration of “local health emergency” regarding COVID-19 for Monterey County, which was subsequently ratified by the Monterey County Board of Supervisors on March 10, 2020; and
WHEREAS, on March 17, 2020, due to the threats posed by COVID-19, Governor Newsom issued Executive Order N-29-20, which suspended certain requirements of Government Code Section 54950 et seq., the Ralph M. Brown Act (“Brown Act”), in order to allow local legislative bodies to conduct meetings telephonically or electronically without a physical meeting place; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which stated that the provisions suspending requirements of the Brown Act in Executive Order N-29-20 would remain in effect through September 30, 2021, at which point the suspensions would expire; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361 into law, an urgency measure effective upon adoption, amending the Brown Act to allow legislative bodies to continue to meet remotely during a proclaimed State of Emergency, when either state or local officials have imposed or recommended measures to promote social distancing, or the legislative body determines that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, the State of Emergency proclaimed by the Governor on March 4, 2020, and local health emergency declarations remain in effect; and WHEREAS, on September 28, 2021, the Monterey County Board of Supervisors adopted an ordinance requiring the use of face coverings indoors for all persons over the age of two regardless of vaccination status, the requirements of which while triggered in the latter part of 2021, have since been suspended although the ordinance remains in place to address potential future COVID-19 surges; and
WHEREAS, the previous California Department of Public Health mandate that masks be worn in all indoor public settings in the State has been suspended for vaccinated and Packet Pg. 47
Attachment: Resol 2022-53 (2482 : Resolution No. 2022-53 Remote Teleconferenced Mtgs AB 361) AGENDA
ITEM
14 unvaccinated individuals (with exceptions), although the State still continues to recommend the use of masks in a variety of settings for all persons regardless of vaccination status; and WHEREAS, in the latter part of 2021 and first part of 2022, the COVID-19 Delta Variant and the highly contagious Omicron Variant emerged, causing an increase in positive cases and hospitalizations locally and throughout the State of California, the Unites States and other parts of the world; and
WHEREAS, after a substantial decrease in reported COVID-19 cases, during which the CDC’s “Community Transmission” metric, which provides a four-tiered system that measures the level of community transmission in each county, indicated a “Low” COVID-19 Community Transmission rate for Monterey County, there has been a sharp increase in COVID-19 cases, including cases involving the highly contagious and now dominant BA.5 subvariant, with the current Monterey County COVID-19 Transmission rate standing at “High” and WHEREAS, in light of the proliferation of BA.5 variant cases, counties throughout the State are considering reinitiating measures to control the spread of COVID-19; and WHEREAS, due to the continued significant impact of the Delta and Omicron variants, and a recent surge in BA.5 variant cases, the City is concerned about the health and safety of officials, staff and public attendees at public meetings should they be held in person and in a shared indoor public meeting space, and
WHEREAS, in light of the foregoing, after a period in which the City discontinued holding remote meetings pursuant to AB 361, the Council now desires to take action necessary to comply with AB 361 to allow the Council to once again permit remote meeting participation or entirely remote meetings, and providing authority and direction to all other City-related boards and committees to conduct meetings so as to allow remote participation; and WHEREAS, pursuant to Government Code Section 54953(e )(3), in order to conduct teleconferenced meetings the Council must make specific findings approved by a majority vote justifying the use of remote meeting procedures and repeat this process every thirty (30) days thereafter.

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

1. All of the recitals set forth above are true and correct to the best of its knowledge and by this reference are incorporated herein as findings.

2. The Council hereby acknowledges that the Governor’s State of Emergency proclamation issued on March 4, 2020, remains in effect.

3. After considering the current circumstances of the above-referenced emergency, the Council finds that due to the emergence of the Delta and Omicron Variants, and the highly Packet Pg. 48
Attachment: Resol 2022-53 (2482 : Resolution No. 2022-53 Remote Teleconferenced Mtgs AB 361) contagious BA.5 Variant, that there is a continued threat of COVID-19 and holding wholly inperson Council meetings could present an imminent risk to the health and safety of attendees.

4. Based on the foregoing, rhe Council is hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code Section 54953(e) and other applicable provisions of the Brown Act to allow teleconferenced meetings and remote meeting participation.

5. In order to maintain internal consistency in meeting procedures throughout the City, the Council finds that holding wholly in-person meetings of City-related legislative bodies subject to the Brown Act would also present imminent COVID-19 related risks to the health and safety of attendees, and that as such, said bodies are directed and authorized to implement the actions taken by the Council pursuant to this resolution to allow teleconferenced meetings and remote meeting participation. This finding and directive shall apply to all City-related legislative bodies subject to the Brown Act, including but not limited to the Gonzales Planning Commission, the Gonzales Recreation Commission, the Measure K Advisory Committee, and the Measure X Subcommittee.

6. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of thirty days from the adoption of this Resolution or such time the Council adopts a subsequent resolution in accordance with Government Code Section 54953(e)(3) to extend the time during which the Council may continue teleconferencing without compliance with the Brown Act’s prior rules regarding teleconferencing.

PASSED AND ADOPTED by the City Council of the City of Gonzales, County of Monterey, State of California, this 18
th day of July, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Jose L. Rios, The Honorable Mayor
ATTEST:
_____________________________
Mary Villegas, Deputy City Clerk
Packet Pg. 49
Attachment: Resol 2022-53 (2482 : Resolution No. 2022-53 Remote Teleconferenced Mtgs AB 361) City of Gonzales

CITY ATTORNEY

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: July 18, 2022
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, Interim City Manager
SUBJECT: Consider Adoption of a Resolution Initiating a Transition to a District-Based Election System

RECOMMENDATION
It is recommended that the City Council receive the report and consider adoption of Resolution No. 2022- 54, A Resolution of the City Council of the City of Gonzales Initiating a Transition to a District-Based Election System.

BACKGROUND DISCUSSION
The City of Gonzales has received a letter from LULAC District 12, “respectfully demanding” that the City move from its at-large voting system to a district-based voting system. (See LULAC Letter, attached hereto as Attachment A.) The letter asserts that this change will afford all voters and protected groups in the City the equal opportunity to choose elected officials in the City, thereby allegedly bringing the City’s voting system into compliance with the California Voting Rights Act of 2001 (the “CVRA”). The letter is similar to letters sent by LULAC to other cities in Monterey County over the last several years.

The LULAC communication can clearly be interpreted as a threat of potential litigation should the City reject the requested change in the City’s voting process. It advises that all public agencies that have litigated the district conversion issue have lost, that agency litigation costs can be significant in these matters, and that municipalities on the losing end of a CVRA case must also pay the plaintiff’s fees and costs in the case, which can also be very high. The letter goes on to say that if a court finds that a given agency’s at-large voting system is in violation of the CVRA, it may impose a district-based system without significant agency input.

As detailed below, as a result of the receipt of the letter from LULAC, the Council must now decide whether the City should transition to a district-based election process.

AGENDA
ITEM
15 Packet Pg. 50

REVIEW & ANALYSIS
At-large vs. District-based Voting
The City of Gonzales currently elects its public officials by the at-large voting system. Under the CVRA, the definition of an at-large election includes: 1) where the voters of the entire jurisdiction elect the members of the governing body (the current Gonzales system); 2) where candidates are required to reside within given areas of the jurisdiction and the voters of the entire jurisdiction elect the members of the governing body; and 3) where at-large elections are combined with district-based elections. By contrast, district-based voting systems are systems in which a city is divided into separate geographic districts, each of which elects its own representatives who reside in the district and are elected only by the voters residing in that district. Established districts must be balanced on voter population so that the system follows the “one person-one vote” rule. So for example, it would not make sense that a district comprised of 5000 voters and a district of 100 voters would each be represented by single representative. This would vest more power in each individual vote in the district with fewer voters.

Background on the CVRA
The CVRA, enacted in 2002, tiers off the previously established Federal Voting Rights Act (“FVRA”).

The FVRA was originally enacted to prohibit voting qualifications or requirements to voting, and standards, practices or procedures by any state or political subdivision meant to deny or adversely impact the right of a citizen to vote on the basis of race or color. The CVRA follows the intent of the FVRA, but provides a broader scope of protection to minority voters with a relaxed burden of proof.

The CVRA is premised on the notion that an at-large method of election may not be imposed or applied in a manner that impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election as a result of the constraint or reduction of the rights of the voters who are members of the protected class. A plaintiff in a CVRA case must only show that “racially polarized voting” occurs in the election of members of the governing body. Elections Code Section 14028. Racially polarized voting may be determined by “the extent to which candidates who are members of a protected class and who are preferred by voters of the protected class, as determined by an analysis of voting behavior, have been elected to the governing body.” Elections Code Sections 14026, 14208. Polarization can also be shown by other factors such as a history of discrimination in the involved territory, the extent to which members of a protected class bear the effect of past discrimination in areas such as education, employment and health, any or all of which may have served to hinder participation in the political process, and the use of subtle racial appeals in political campaigns. Elections Code Section 14028. Considering the expansive and somewhat ambiguous definition of “racially polarized voting” in statute, as well as case law interpretation thereof, a plaintiff in a CVRA action has a broad array of factors it can point to in order to establish a claim of discriminatory action and history. As such, it can be quite difficult for a public agency to defend against a claim of racially polarized voting.

CVRA Claims and History of Actions
Turning to process, any voter who is a member of a protected class and who resides in a political subdivision where a violation of the CVRA is alleged may bring an action. If a court determines that a violation has occurred, the court itself may implement remedies that are meant to address the violation, usually by imposing district-based elections or preventing the certification of elections that have taken place. In effect, losing a CVRA challenge has the potential to place a city in a position of having an outside party make significant districting decisions.

As was mentioned above, the threat of significant adverse consequences as a result of CVRA litigation is real and potentially very costly. With one notable exception, cities have had little success in defending Packet Pg. 51
CVRA actions. Moreover, in addition to its own attorneys’ fees, a city facing a voting rights challenge under the CVRA may be required to pay the plaintiff’s attorneys’ fees and costs. And a plaintiff need not actually prevail in the lawsuit in order to recover fees; plaintiffs may be entitled to fees and costs simply for filing a lawsuit if the lawsuit serves as a “catalyst for change” to a given voting system. By way of example, the City of Palmdale went to trial on the merits of a CVRA challenge, lost the case and paid $1.8 million for its defense and $4.7 million in plaintiff’s fees and costs. The City of Modesto spent about $1.8 million for its defense in a CVRA case and $3 million in plaintiff’s fees and costs. The City of Santa Monica is currently involved in CVRA litigation that has gone through trial court and appellate action, and is now before the California Supreme Court. To date, Santa Monica is estimated to have spent $7 million on its defense, with a plaintiff’s fees and cost demand of $22 million.

Given the number and variety of public entities that have unsuccessfully challenged a districting demand letter under the CVRA, and the potential costs of litigation, many entities have decided to simply relent and switch to district-based voting. Since the adoption of the CVRA in 2002, over 154 cities, 34 community college districts and 240 school districts have switched over to a district-based voting scheme, often under threat of litigation. In Monterey County alone, district-based voting is used for the election of County supervisors, the County Board of Education Trustees, the Hartnell College Governing Board of Trustees, the Monterey Peninsula College Governing Board of Trustees, the governing bodies of the Alisal Union, Chualar Union, Monterey Peninsula Unified, North Monterey County Unified, Salinas City and Salinas High school districts, and for the election of councilmembers in the cities of Greenfield, King City, Marina and Salinas. Action to convert to district-based voting is pending in the City of Monterey, and the City of Soledad will in all likelihood be taking action to move forward with a district-based transition within the next few weeks.

AB 350 Safe Harbor Provisions
In 2016, in light of the substantial costs imposed upon cities and other public entities in defending CVRA lawsuits, the state legislature adopted AB 350 which established code provisions making it easier for a general law city to transition from at-large to district-based elections and providing what is known as a “safe harbor” process to protect public agencies from expensive litigation.

Under the safe harbor scheme for district-based conversion:

1. A council must adopt a “resolution of intention” setting forth its intent to change its elections system from at-large to district-based. The City has 45 days from the date of a demand to take such action. A prospective plaintiff may not file a CVRA lawsuit until 45 days after the city receives a demand notice.

2. Once a city adopts a resolution of intention, it then has 90 days in which to approve the final districting map and an ordinance transitioning to district-based elections. The process for map adoption entails retaining a demographer to analyze data and prepare proposed districting maps, conducting two pre-draft public hearings concerning the maps, release of draft plans, two postdraft public hearings on the proposed district maps, and then finally adoption of the district maps by ordinance.

During the 90-day period referenced above, a plaintiff is prohibited from bringing an action against the city. If a city complies with a conversion within the 90-day timeframe, the prospective plaintiff that issued the transition demand may still make a demand for recovery of costs it incurred gathering evidence to prepare said demand, but the prospective plaintiff’s recovery of fees and attorney costs is capped at $30,000. Failure to meet either the 45- or 90-day time periods set forth above voids the cap on attorneys’ fees. However, the safe harbor provisions do allow a demanding party and an involved city to enter into an extension of the afore-referenced 90-day period.

Packet Pg. 52
While the safe-harbor process protects a city from excessive litigation costs, the expedited process is both demanding and time-consuming. While the City would certainly retain a consultant to help with establishing the appropriate districts, at a yet undetermined cost, staff anticipates that the transition to a district-based election system would be the focus of much of the City’s work for the next several months.

District-based Voting Benefits
While the purported benefits of district-based voting may be difficult to recognize when the City is being compelled to make a decision on the City’s voting process under threat of litigation, such benefits are worth considering. One of the biggest advantages of district-based elections is that they make it simpler and less expensive to run for office. A candidate just needs to run in his/her extended neighborhood and does not need to expend significant sums of money campaigning. Additionally, endorsements from persons within your own district become more important than endorsements from outside officials and organizations. All of these factors would appear to make it easier for newcomers to run for election.

District-based voting is also alleged to be of benefit to the residents of a given district in that it provides voters with an easily identifiable representative and ensures geographic representation. In recent years the City has heard complaints from a number of citizens that needs within their portion of the City have been ignored. Local representation through districting may serve to address this issue. Moreover, having local representation also has the potential to provide a greater level of accountability from elected officials – voters within a district are more likely to meet candidates in person and to have access to a local representative after an election.

All this being said, it has been argued that district-based elections may result in less-experienced persons being elected to a council and it may be harder to gain consensus on city-wide issues from designated representatives of parts rather than the whole of a city. However, gaining consensus from a variety of disparate views, whether they come from elected officers or public input, has always been a part of the democratic process and one of the challenges and duties of our elected officials. It seems doubtful that either one of these issues would serve as a real impediment to conducting city business.

City Options

1. Transition to District-Based Elections. Based on the history of unsuccessful challenges to CVRA claims, as well as significant potential litigation costs and the potential loss of control of the districting process, the Council may choose to move forward with transitioning from at-large to district-based voting. LULAC has indicated a willingness to work with the City by entering into a tolling agreement that will extend the period of time for effectuating the transition from 90 to 180 days. (Due to the City’s good-faith effort to analyze and consider the issues raised in the LULAC letter, LULAC would waive the requirement that City adopt its resolution initiating the transition within 45 days of receipt of a demand.) Staff has prepared a resolution that would initiate the transition process which includes a copy of a draft tolling agreement with LULAC, meant to be approved as to substantial form and content. If this is the path chosen, once the resolution is adopted, the City would need to retain a demographer and return to the Council with a transition plan and schedule.

The City would have several options in the number of districts to be formed, with the Mayor either continuing to be elected at-large or selected by the members of the City Council. See Government Code Sections 34871 and 34886. As noted above, this transition can be accomplished by way of an ordinance adopted by the Council and is not required to be submitted to the voters. A variation on this option would be to prepare an ordinance establishing the transition but to send it to the voters at an upcoming election.

However, this option would not allow the City to take advantage of the attorneys’ fees cap afforded by the safe harbor process. It also doesn’t address the issue of continued exposure to litigation if the voters reject district-based voting.

Packet Pg. 53
If the Council selects this option, Staff will provide further details of the districting process, City options, and a timeline for Council action.

2. Reject the Demand to Transition to District-Based Elections. The Council could choose to maintain the current at-large voting system and risk a lawsuit. In the recent case of Pico Neighborhood Assn. v.

City of Santa Monica, 51 Cal.App.5th 1002, now de-published after the California Supreme Court granted a petition for review, the City of Santa Monica chose to resist districting pressure and engaged in litigation. In ruling in the City’s favor, the appellate court held that a plaintiff’s burden in establishing a CVRA violation goes beyond proving racially polarized voting. Rather, the Court stated that in order to establish that an existing voting system adversely impacts minority voting, a plaintiff must provide evidence that any proposed change in the voting system is likely to make an actual difference in election results. In other words, that a shift from at-large to district-based voting would result in a different group of candidates being elected in subsequent elections. This is arguably a more difficult burden of proof than the standard established in previous CVRA cases, and if upheld, might have a significant impact on CVRA litigation.

However, as is set forth in detail above, the Council must consider that this option poses a real and significant exposure to excessive litigation fees, not only in terms of the City’s defense, but the possibility of having to pay plaintiff’s fees and attorneys’ costs. Moreover, if a plaintiff’s CVRA claim was upheld, the City might jeopardize its ability to participate in a meaningful manner in subsequent court-ordered districting.

Environmental Determination
Staff has determined that the proposed action is not a project as defined by the California Environmental Quality Act. (“CEQA”) (CCR, Title 14, Chapter 3 (“CEQA Guidelines”), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The resolution option stated above has no potential to cause any effect on the environment because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines Section 15378.

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 proposed district-based transition has the potential to facilitate the City’s commitment to diversity in all aspects of governance and operations.

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
Explain: The new voting process should assist the City in achieving the City’s vision by ensuring diversity in City representation.

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. ___ Yes No Packet Pg. 54
Explain: N/A.

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

ALTERNATIVES
See discussion above.

BUDGET IMPACT
Depending on which option the Council chooses, the City may have a variety of potential costs. A decision to transition to a district-based election system will entail the retention of a demographer and costs associated with the transition process, which involves at least five public hearings. A decision to reject the demand to transition to district-based based elections may result in substantial litigation costs and the payment of plaintiff’s fees and costs should the plaintiff prevail in its action.

CONCLUSION
It is recommended that the City Council receive the report and consider adoption of Resolution No. 2022- 54, A Resolution of the City Council of the City of Gonzales Initiating a Transition to a District-Based Election System.

Attachments:

1. LULAC Letter (Attachment A)

2. Resol No. 2022-54

3. Tolling Agreeement with LULAC
Packet Pg. 55

ATTACHMENT A
Packet Pg. 56
Attachment: LULAC Letter (Attachment A) (2485 : Resolution No, 2022-54 District-Based Election System) Packet Pg. 57
Attachment: LULAC Letter (Attachment A) (2485 : Resolution No, 2022-54 District-Based Election System) RESOLUTION NO. 2022-54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

INITIATING A TRANSITION TO A DISTRICT-BASED ELECTION SYSTEM WHEREAS, the City Council (“Council”) of the City of Gonzales (“City”) is currently elected “at-large,” meaning that each councilmember is elected by the voters of the entire City; and
WHEREAS, the California Voting Rights Act (Elec. Code. Sections 14025, et seq.) (“CVRA”) disfavors the use of the “at-large” election system for city councilmembers based on the fact that the “at-large” system may impair the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election; and WHEREAS, the City received a letter on April 28, 2022, from the League of United Latin American Citizens, (“LULAC”), District 12, asserting that the City’s at-large councilmember electoral system violates the CVRA and threatening litigation if the City declines to voluntarily change to a district-based election system for electing councilmembers; and WHEREAS, LULAC’s April 28, 2022 letter does not present an analysis of the City’s current at-large voting system or any evidence in support of its assertion that said system is in violation of the CVRA; and
WHEREAS, the City denies its current election system violates the CVRA or any other provision of law and asserts the City’s election system is legal in all respects, and further denies any wrongdoing whatsoever in connection with the manner in which it has conducted previous City Council elections; and
WHEREAS, notwithstanding the foregoing recital, the Council desires to promote meaningful voter involvement in the election of councilmembers and increase the ability of candidates to seek elected office; and
WHEREAS, the Council understands the underlying principle of the CVRA, namely, that the public interest is better served by use of a “district-based” elections system, where councilmembers are elected only by the registered voters residing within the election district in which the council candidate resides; and
WHEREAS, the Council concedes that a change to district-based elections is in the best interest of the City and will further the purposes of the CVRA; and WHEREAS, the Council also wishes to avoid potential significant expenses involved in litigating a CVRA claim; and
Packet Pg. 58
Attachment: Resol No. 2022-54 (2485 : Resolution No, 2022-54 District-Based Election System) WHEREAS, the City intends to transition from an at-large voting system to a districtbased system in accordance with the procedural rules outlined in Government Code Section 34886 and Elections Code Section 10010; and
WHEREAS, in accordance with Elections Code Section 10010, the so-called “safe harbor” transition provisions of the Code, transition to “district-based” elections would require the Council to hold multiple public hearings within specified timeframes, including two public hearings to gather input on potential map development, two public hearings to review and comment on proposed maps, and an additional public hearing prior to the Council voting to approve an ordinance establishing district-based elections; and WHEREAS, in light of the work necessary to effectuate an elections process transition, City’s aforesaid intent to transition to district-based voting pursuant to the safe harbor transition provisions found in Elections Code Section 10010 is premised on LULAC’s willingness to enter into a tolling agreement by which the period for transitioning is extended from 90 to 180 days, during which time LULAC may not initiate litigation pursuant to the CVRA and is subject to limits on seeking attorneys’ fees associated with CVRA claims and litigation. A Tolling Agreement, in substantial form and content contemplated by City and LULAC, is attached hereto as Exhibit “A”; and
WHEREAS, pursuant to Government Code Section 34886, the Council may adopt an ordinance to transition to district-based elections for councilmembers without submitting the ordinance to an election of the City’s voters, as long as the adoption of said ordinance comports with the requirements of Elections Code Sections 21601 and 21621; and WHEREAS, Staff has determined that the proposed action is not a “project” as defined by the California Environmental Quality Act (“CEQA”) (CCR, Title 14, Chapter 3 (“CEQA Guidelines”), Article 20, Section 15378) and that as such is not subject to CEQA analysis, and additionally, per CEQA Guidelines Section 15061, CEQA does not-apply to this action since it has no potential for causing a significant effect on the environment.

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

1. All of the recitals set forth above are true and correct and by this reference are incorporated herein as findings.

2. The Council hereby expresses its intent to transition from at-large to district-based elections, following the process set forth in the California Elections and Government Code, including but not limited to Elections Code Section 10010 and Government Code Section 34886, with relevant time and attorneys’ fees limits extended to one-hundred-and-eighty (180) days by a Tolling Agreement executed by the City and LULAC. The City Manager is hereby authorized and directed to execute said Tolling Agreement, a draft of which is attached hereto as Exhibit “A” and by this reference incorporated herein, after it has been placed in final form by the City Attorney.

Packet Pg. 59
Attachment: Resol No. 2022-54 (2485 : Resolution No, 2022-54 District-Based Election System)

3. Election district boundary lines shall be developed based on the most updated federal decennial census data to provide for “district-based” elections to be implemented in the 2024 election cycle in accordance with applicable law.

4. Multiple public hearings in accordance with Elections Code Section 10010 and other applicable laws shall be scheduled to obtain public input on the draft election district maps and proposals.

5. The City Manager is hereby directed and authorized to contract with a reputable demographer as soon as possible following the adoption of this resolution to ensure that the City is able to move with all deliberate speed in transitioning to a district-based election system.

6. The City Manager is directed to bring back an outline and schedule for the abovereferenced transition process for Council review and approval.

7. This resolution shall take effect immediately upon its adoption, but is subject to rescission without further action of the Council if the Tolling Agreement referenced in Section 2 is not executed by all parties by July 29, 2022.

PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting held on the 18
th day of July, 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. 60
Attachment: Resol No. 2022-54 (2485 : Resolution No, 2022-54 District-Based Election System)

EXHIBIT A

TOLLING AGREEMENT

BETWEEN THE CITY OF GONZALES AND THE LEAGUE OF UNITED LATIN AMERICAN CITIZENS (LULAC) DISTRICT 12
This Tolling Agreement (“Agreement”) is entered into on July __, 2022 (“Effective Date”), by and between the City of Gonzales, a municipal corporation hereinafter referred to as “City,” and the League of United Latin American Citizens, District 12, a 501(c)(3) nonprofit organization (“LULAC”). City and LULAC are individually referred to herein as “Party” and collectively as “Parties.”

RECITALS
WHEREAS, on April 28, 2022, the City received a letter from Andrew Sandoval, LULAC District 12 Director, asserting that City’s at-large election system violated the California Voting Rights Act (“CVRA”), found at Elections Code Section 14025 et. seq., and indicating that litigation might be initiated if the City did not voluntarily transition to a district-based election system; and
WHEREAS, Elections Code Section 10010 sets forth a process by which a jurisdiction may expeditiously transition to a district-based election system and avoid the potential high cost of litigation under the CVRA; and
WHEREAS, Elections Code Section 10010 delays the initiation of CVRA litigation and limits attorneys’ fees associated with a CVRA claim, if, within forty-five (45) days of receipt of written notice of a potential violation of the CVRA, the city adopts a resolution stating its intent to transition from at-large to district-based elections, and then, within ninety (90) days of adoption of the resolution of intent, the City adopts an ordinance establishing district-based elections for all future elections for its governing board; and WHEREAS, based on the ongoing good-faith efforts of City to analyze, consider and discuss the demand to transition to district-based elections, LULAC has waived the aforereferenced requirement in Elections Code Section 10010 for the City to take action on a demand within 45 days of receipt, and on July 18, the Gonzales City Council adopted Resolution No. ___ stating its intent to transition from at-large elections to district-based elections pursuant to the “safe-harbor” provisions of Elections Code Section 10010; and WHEREAS, as noted above, Elections Code Section 10010 provides that if the public entity adopts a resolution stating its intent to transition from at-large to district-based elections, no action to enforce the CVRA may be initiated within ninety (90) days of the resolution’s passage and plaintiff’s attorneys’ fees shall be capped in accordance with statutory limits; and WHEREAS, Elections Code Section 10010 (e)(3)(C)(i) permits the Parties to mutually agree to extend this 90-day period to one hundred and eighty (180) days; and Packet Pg. 61
Attachment: Tolling Agreeement with LULAC (2485 : Resolution No, 2022-54 District-Based Election System) WHEREAS, the aforesaid 180 day extension period provides cities with the time necessary to conduct public outreach, encourage public participation and receive meaningful public input about a transition from at-large to district-based voting.

NOW THEREFORE, in consideration of the mutual terms, covenants, conditions and promises contained herein, the Parties hereto agree as follows:

1. Recitals. All of the foregoing recitals are true and correct and are incorporated herein by reference.

2. Tolling. In accordance with Elections Code Section 10010 (e)(3)(C)(i), the Parties hereby agree to extend the ninety (90) day period under Elections Code Section 10010 (e)(3)(B), during which time LULAC shall not commence an action to enforce the CVRA, to one hundred and eighty (180) days. Section 10010(f)(3)’s cap on total reimbursement shall remain in effect during this 180-day period. LULAC agrees that no legal action shall be commenced by it against the City under the CVRA or Elections Code Section 10010 before January 14, 2023. The district boundaries shall be established by no later than six months before the City’s next regular election to select governing board members. City shall provide LULAC with copies of all documents related to the City’s voting process transition and keep LULCA apprised of City’s progress on the transition effort.

3. Termination. This Agreement will automatically terminate on January 14, 2023 (the “Termination Date”) unless extended in writing by the Parties.

4. No Admission of Liability. This Agreement shall not be construed as an admission of any fact or actual or potential liability on the part of any Party. This Agreement may not be offered as evidence of an admission of any liability or fact in any court proceedings.

5. Binding Effect. Except as otherwise provided in this Agreement, this Agreement is binding upon and inures to the benefit of the Parties and their respective successors and permitted assigns. Except as expressly provided herein, nothing in this Agreement is intended to confer on any person, other than the Parties hereto and their respective successors and permitted assigns, any rights or remedies under or by reason of this Agreement.

6. Authority to Bind Parties. Each person executing this Agreement warrants that he or she is empowered and authorized to so execute and has the authority to fully bind the entities in the manner herein described.

7. Notices. Any further notices shall be delivered:

TO CITY
City of Gonzales
147 Fourth Street
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Attachment: Tolling Agreeement with LULAC (2485 : Resolution No, 2022-54 District-Based Election System) Gonzales, CA 93926
Attn: Carmen Gil, Interim City Manager
With a copy to:

Mike Rodriquez, City Attorney
555 12th Street, Suite 1630
Oakland, CA 94607
TO LULAC:

Andrew Sandoval, Director, District 12
[email protected]

8. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California and is binding upon the Parties. Venue for any action arising from this Agreement shall be in Monterey County.

9. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if the Parties had signed the same document. All counterparts shall be construed together and shall constitute one agreement.

10. Entire Agreement. This Agreement constitutes the entire agreement among the Parties hereto pertaining to the subject matter thereof; fully supersedes any and all prior understandings and/or agreement between the Parties hereto; or any of them, pertaining to the subject matter thereof, and may be modified only by written agreement signed by all of the Parties thereto.

11. Captions. The captions of this Agreement are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions of this Agreement.

IN WITNESS WHEREOF, this Agreement is entered into by the Parties hereto on the day and year first above written in Monterey County, California.

CITY:

City of Gonzales, a municipal corporation
By: _______________________________
LULAC:

League of United Latin American Citizens,
District 12, a 501(c)(3) nonprofit organization
By: _______________________________
Carmen Gil, Interim City Manager Andrew Sandoval, District Director Packet Pg. 63
Attachment: Tolling Agreeement with LULAC (2485 : Resolution No, 2022-54 District-Based Election System) City of Gonzales

PUBLIC WORKS / CITY ENGINEER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: July 18, 2022
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, Interim City Manager
SUBJECT: Resolution No. 2022-40 Authorizing Execution of Agreement Amendment No. 2 with Swinerton Management & Consulting for Program Management Services for the Community Center Complex in the Amount of $700,00 During FY 2022-2023

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 Fiscal Year 2022-2023 in the Amount of $700,000.

BACKGROUND
As the Council is aware, the City continues to make progress on the development of the new Community Center Complex Project. 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.

AGENDA
ITEM
16 Packet Pg. 64
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 December 30, 2024. At the time of Agreement approval, the Council authorized an initial payment of $700,000 for professional services provided from May of 2021 through June 30, 2022, all in accordance with a Fee Proposal prepared by Swinerton. It was anticipated that the Agreement would thereafter be amended at least twice to establish Swinerton’s compensation for services for each succeeding fiscal year through FY 2023-2024.

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. It is now necessary to consider a second Agreement Amendment to cover Swinerton’s services for Fiscal Year 2022-2023.

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.

How Recommendation Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.

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

Explain how the Recommendation Directly Implements the Mission Packet Pg. 65
The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ____ No____ N/A
Explain: Please see explanation above for the Mission..

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

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 Fiscal Year 2022-2023 in the Amount of $700,000.

Attachments:

1. Resolution No. 2022-40

2. Swinerton Letter Proposal

3. Amendment No. 2
Packet Pg. 66
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 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 No. 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 18th day of July 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. 67
Attachment: Resolution No. 2022-40 (2478 : Resolution No. 2022-40 Amendment No. 2 with Swinerton) 2880 Lakeside Drive
Suite 300
Santa Clara, CA 95054
swinerton.com
May 2, 2022
Patrick Dobbins, P.E.

Public Works Director/City Engineer
City of Gonzales
P.O. Box 647
147 Fourth Street
Gonzales, CA 93926
Via email to [email protected]
Subject: Fee Proposal for SMC Program Management Services – Community Center Complex Project - Amendment #3 Swinerton Job #: 21100023 Dear Mr. Dobbins:

It has been a pleasure providing Swinerton Management & Consulting Program Management services on your Community Center Complex, over the course of this last year. Per your request, attached is a copy of Swinerton’s Fee proposal for the 3rd Amendment to our agreement for Program Management services, from July 1, 2022, through June 30, 2023. During this period, we will assist with the DBE procurement process, grant management, scheduling, budget management and design management in the Spring 2023. Attached is a cost breakdown for these services totaling $700,000.

This includes a budget allowance of $50,000 for Group 4 to provide architectural assistance during the DBE procurement and design phase.

If you have any questions regarding this proposal, please do not hesitate to call me at (408) 531-7373 or email me at [email protected].

Sincerely,
Greg Armendariz
Project Executive
Swinerton Management & Consulting
cc: Jeff Gee, Myrna Wagner, Robert Kagiyama, Project File Attachment A – SMC Proposed Fee - FY 22/23
Packet Pg. 68
Attachment: Swinerton Letter Proposal (2478 : Resolution No. 2022-40 Amendment No. 2 with Swinerton) ATTACHMENT A - SMC PROPOSED FEE - FY 22/23
Greg
Armendariz
Project Executive
Robert
Kagiyama
Senior
PM
Linda
Rizolli,
Design
Build
Specialist
Eli Shikaloff,Scheduler
Cost
Estimator
SCOPE OF WORK $230 $205 $205 $250 $200
A. Program and Budget Management

1. Assist the City with Aligning Scope with
Available Financing and Program phasing,
40 20

2. Assist the City with Budget Cashflow
Projections

3. Assist City Management with Council
Meeting and Subcommittee Presentations
& Updates
80 40

4. Coordination with MCFL incl. Agmt
negotiations
120 20

5. City PMT and Weekly Meetings 200 200
B. DBE Procurement Management

1. RFP management, RFI's, addenda 4 300 40

2. Meetings, coordination &
Correspondence with DBEs
24 120 80

3. Coordinate with Group 4 & other
consultants
12 80

4. Review, analysis/evaluation of proposals,
negotiations & recommendations
40 200 100 40 157

5. Permits, Utilities Coordination, CEQA, Etc 100
C. Program Budget

1. Program budget prep and updates 200

2. Cashflow projections and updates 60

3. Expenditure projections and updates 40
D. Grant Management

1. Additional Grant Applications 80

2. Grant Mgmt & Administration 120

3. USDA & NHA Loan Coordination &
Management
160
D. Design Management

1. Design coordination & management 40 300
TOTAL HOURS = 1220 1380 220 40 157
SUB TOTALS = 280,600$ 282,900$ 45,100$ 10,000$ 31,400$
SUB TOTAL COST = 650,000$
Group 4 Architecture Research + Planning,
Inc (allowance) 50,000$
GRAND TOTAL COST = 700,000$

COMMUNITY CENTER COMPLEX

CITY OF GONZALES
FEE PROPOSAL 5/02/22

FOR PROGRAM MANAGEMENT
JULY 1, 2022 TO JUNE 30, 2023
PAGE 2 OF 2 Packet Pg. 69
Attachment: Swinerton Letter Proposal (2478 : Resolution No. 2022-40 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. Amendments to the Agreement are anticipated for costs for services for each fiscal year during the term of the Agreement.

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

Section 1 - Services
Services will now include Program Management efforts during Fiscal Year 2022-2023 as outlined in the Swinerton’s May 2, 2022 letter proposal (copy attached) as authorized at the July 18, 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 and conditions of the Agreement shall remain in full force and effect.

CITY CONSULTANT
City of Gonzales, a municipal corporation Swinerton Management & Consulting _____________________________ _____________________________ Carmen Gil, Interim City Manager Jeffery S. Gee
Vice President/General Manager
Date Signed: __________________ Date Signed: __________________ Packet Pg. 70
Attachment: Amendment No. 2 (2478 : Resolution No. 2022-40 Amendment No. 2 with Swinerton)