Agenda packet — Gonzales City Council, October 3, 2022

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

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A 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, OCTOBER 3, 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
Youth Commissioners
Sherlyn Flores and Valeria Tinoco
Successor Agency Item

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, October 3rd to the City Clerk at [email protected]

PRESENTATIONS

2. Introduction of 2022-2023 Gonzales Youth Council

BUSINESS FROM THE PUBLIC

3. Business from the Public not on the Agenda; any member of the Public may address the Council/Agency for a period not to exceed three minutes on any subject not on the Agenda. The Council/Agency will listen to all communications but may take no action. *
Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall located at 147 Fourth Street, Gonzales, California, during normal business hours.

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

4. Approve the Joint City Council and Successor Agency - Regular Meeting - September 19, 2022 Minutes

5. Approve City Accounts Payable Warrants #47595-47660

6. Consider Approval of Resolution No. 2022-72, A Resolution of the City Council of the City of Gonzales Approving an Amendment to the Joint Exercise of Powers Agreement for the South Salinas Valley Broadband Authority

7. Consider Approval of Resolution No. 2022-73, A Resolution of the City Council of the City of Gonzales Awarding a Contract with Tope’s Tree Service for the Tree Removal Contract at the Community Center Site, Rejecting All Other Bids, and Authorizing and Directing City Staff to Execute a Contract with Tope’s Tree Service in the Amount of $90,000 which Includes a Contingency Budget of $10,300 for Unanticipated Field Changes; and Amend the FY 2022-2023 City Budget by increasing the Measure X (Budget Unit 850) Contractual Services - General (Object Code 6235) by $90,000

REGULAR AGENDA

8. Public Hearing to Consider Approval of Resolution No. 2022-70, A Resolution of the City Council of the City of Gonzales Adopting Vehicle Miles Traveled (VMT) as the Metric for Conducting Transportation Impact Analyses to Comply with California Senate Bill 743, Vehicle Miles Traveled Policy
a) Staff Report
b) Public Hearing
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Resolution No. 2022-70

9. Consider Approval of Resolution No. 2022-64, A Resolution of the City Council of the City of Gonzales Authorizing Execution of a Consulting Services Agreement Between the City of Gonzales and EMC Planning Group for Preparation of CEQA Documents for the Gloria Rd. Cooler Project a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Resolution No. 2022-64

BUSINESS FROM CITY COUNCIL

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

11. Oral Communications

BUSINESS FROM CITY MANAGER

12. Oral Communications

ADJOURNMENT
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (831) 675-5000. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (CFR 35.102-35.104 ADA Title II). This is a public meeting and as such, can be seen live by people present or online and is being recorded; therefore; anything you say or do here is public information. The recordings are available online. *

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MINUTES

JOINT MEETING OF THE

GONZALES CITY COUNCIL AND

GONZALES SUCCESSOR AGENCY

REGULAR MEETING
MONDAY, SEPTEMBER 19, 2022
6:00 P.M.

CALL TO ORDER
The meeting was called to order at 6:00 PM by Mayor Jose L. Rios.

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

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

YOUTH COMMISSIONERS
Sherlyn Flores and Valeria Tinoco.

STAFF PRESENT
Acting City Manager Patrick Dobbins, City Attorney Michael F. Rodriquez, Community Development Director Taven Kinison Brown, Executive Assistant to the City Manager/Deputy City Clerk Mary Villegas, and Administrative Assistant II Miranda Uribe.
* Successor Agency Item
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Minutes Acceptance: Minutes of Sep 19, 2022 6:00 PM (CONSENT AGENDA) AGENDA
ITEM
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PUBLIC NOTICE
This meeting is being conducted consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The public may participate in person or online via zoom at https://us06web.zoom.us/j/89513488498 or call 1 (669) 900-6833 and use Meeting ID: 895 1348 8498. If you wish to make either a general public comment or to comment on a specific agenda item, please use the Raise Hand function. You will be allowed three minutes for your comments.

PRESENTATIONS

2. Introduction of New Building Official
Community Development Director Kinison Brown introduced new Building Official Jose Martinez.

Building Official Martinez said he was happy to be here and lived here at one point, but has relatives living here and shared memories he had while living here. He also shared his prior experience as public servant and current duties. He thanked Taven and Patrick for the opportunity of working here in Gonzales.

3. League of California Cities Helen Putnam Award
Mayor Rios mentioned the TV in front of them was flashing.

Acting City Manager Dobbins told them we were having video issues with all of the TVs and asked him if we can take a pause after this presentation and restart the video equipment.

Mayor Rios asked him to restart it now and we can come back to this item after that.

Michelle Slade, Youth Council Advisor and Leadership Coach, announced that the Gonzales Youth Council was recently awarded the Helen Putnam Award at the League of California Cities and Mayor Pro Tem Funk and Acting City Manager Dobbins were able to be there on their behalf and accept the award. She said tonight they were formally recognizing the Youth Council for this award regarding the Mental Health Action Project.

Youth Commissioners Flores and Tinoco received the award and thanked the Council for this honor and for also providing a shared social worker at the school. They gave an update on this project which was a great project by previous and current Youth Councils. They showed a youtube video created by the League of California Cities highlighting the youth’s outreach and engagement in the community.

A picture was taken with the Council and Youth Commissioners.

4. Monterey County Blue Zones Project
Kendra Howell, Senior Policy Lead, Blue Zones Project Monterey County, elaborated on the Blue Zones Project that started in Salinas in 2019, which is a health and wellness initiative that is county wide and it's sponsored by Salinas Valley Memorial Healthcare System, Taylor Farms and Montage Health. She said they expanded their efforts into the City of Gonzales as well as King City, and they had the official kickoff here in the community of Gonzalez that was held at Central Park and was a huge success. She mentioned that Jean Salcido was the leader of this event.

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Jean Salcido, Gonzales Resident, said she was honored and thankful to be serving in the community and this was an amazing event that teaches how to eat healthier, live longer, and to exercise, and thanked Blue Zones for this honor to be serving in our community.

BUSINESS FROM THE PUBLIC

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

Denise Velasquez, Sun Street Centers, thanked the Council for adopting the proclamation at the last meeting celebrating September as National Alcohol and Drug Addiction Recovery Month.

Alex Ramirez, 1419 Rhone Way, talked about suggestions such as ADA requirements for curb ramps at pedestrian crossings, RV storage, motor homes, speeding in residential areas, and parking permits.

CONSENT AGENDA

6. Approve the Joint City Council, Successor Agency, Successor Housing Agency, Electric Authority, and Municipal Electric Utility Boards - Regular Meeting - September 6, 2022 Minutes

7. Approve City Accounts Payable Warrants #47525-47594

8. Approve Successor Agency Warrants #1670-1672

9. Community Development Department Activity Report

10. Community Engagement & Strategic Partnerships Activity Report

11. Fire Department Activity Report

12. Police Department Activity Report

13. Public Works/City Engineer Department Activity Report

14. Recreation Department Activity Report

15. Consider Closure of City Offices from December 23, 2022 through January 2, 2023

16. Consider Approval of Resolution No. 2022-69, A Resolution of the City Council of the City of Gonzales Declaring Canvass of Returns and Results of the Special Mail Ballot Election Held on August 30, 2022

17. Consider Approval of Resolution No. 2022-59, A Resolution of the City Council of the City of Gonzales Authorizing Execution of an Agreement with American Ramp Company to Install Phase 2 of the Skate Park for a Not-To-Exceed Fee of $214,755, And Authorizing the Use of the City’s In-Lieu Purchase Exception; and Amend the FY 2022-2023 City Budget by Increasing the Public Facilities Impact Fund (Fund 241) Capital Outlay - Improvements (Object Code 6530) by $36,000
Council Member Worthy pulled item 15 for discussion.

Council Member Silva pulled items 10 and 17 for discussion.

Mayor Pro Tem Funk asked if we were recording the meeting because he received a message that we're not being seen live right now.
*
*
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Acting City Manager Dobbins responded yes, that they were seeing what we're seeing on the TVs. He elaborated on work being done last week and everything should be working. He asked if they were considering on continuing the meeting.

City Attorney Rodriquez suggested to carry on with the meeting since the audio was working and there were other means of participation like in person. So, notwithstanding the fact that this may not be working perfectly, or at all, he said we can still move forward.

With regards to item 10, Council Member Silva asked if this was the part where we provide rental assistance to our residents. She said one of the community grants was coming up and also addressed rental assistance, so she asked if records are being maintained so that nobody is double dipping.

Acting City Manager Dobbins responded yes.

With regards to item 17, Council Member Silva asked if the quote of $214,755 was set in stone or if there was a possibility that they would come back and ask for more.

Acting City Manager Dobbins said no. They have been having conversations with American Ramp Company and this is a firm quote.

Council Member Silva said that with regards to one of the enhancements to the park, it looks like an empty swimming pool, or an empty ashtray. She did not see anything at the bottom for drainage for water and she wouldn't want that to become the area with standing water. She asked if that is going to be addressed.

Acting City Manager Dobbins responded yes, that has been noted.

With regards to item 15, Council Member Worthy asked if it was possible to put who the contact person and number are in the utility bills so people know who to contact if there is an emergency.

Acting City Manager Dobbins responded yes, staff will do a bill stuffer reminding them that City Hall will be closed during that period and who to contact in case of an emergency.

Council Member Worthy also said that she contacted Salinas and the South County Cities and we are the only City that is closed during the lunch hour, and she was wondering if staff can stagger their lunches to keep it open since sometimes residents have to do something with the City during their lunch hour.

Acting City Manager Dobbins said yes, will do.

RESULT: APPROVED [UNANIMOUS] Consent Agenda Items 6-17
MOVER: Liz Silva, Council Member
SECONDER: Paul Miller, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Paul Miller

REGULAR AGENDA

18. Update on the Funding and Delivery of the Community Center Complex Project Staff Report: Public Works Director Dobbins presented the staff report via a powerpoint presentation.

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Greg Armendariz, Swinerton, discussed the phasing approach.

Eric Scriven, NHA Advisors, went over the project funding.

Public Comments: Sonia Jaramillo, 124 Sixth Street, asked for a review presentation because the numbers are critical and have changed drastically. She wondered what’s going to happen if the proposed measure doesn’t go through. She likes the Library and Teen Center but she was concerned with the lack of funds. She said we need a community center and wondered if the approach is going to be different because the last one was quiet and the Gen X were the ones that voted no. She requested the Council to take a different approach to reach out to the community because the youth are feeling a disconnect and don’t feel part of the process. She asked for more involvement in the community, outreach and communication to engage the community.

Council Discussion: Mayor Rios believed that Swinerton and a lot of other folks were out there in the community presenting the plan.

Acting City Manager Dobbins added that as we went through extensive engagement during the preparation of the design criteria and came before the Council, there was input received by the public.

Mayor Rios said he was sure we did quite a bit of outreach whether at the churches, covid clinics, starbucks, the gym, and at a number of festivities so he believed we did more than an effort to reach out to the community, and the community chose not to come and we can only present the information. He said you lead a horse to water but you can’t make him drink.

Council Member Worthy mentioned we have problems with inflation right now and supply chain, and no one has a crystal ball, but asked if we see an option when things might flatten where things may not cost as much down the road. She said every day it costs more but she sees that it will flatten at some point and maybe not cost as much to do these bills.

Greg Armendariz, Swinerton, said this is a question from other clients as well. He said they come to the hard decision that labor costs have built in rate increases and that will continue to go up, the pipeline supply is an issue that can be fixed in the future, but the problem is that we are still about a year out, but the reality is that drops will not be significant enough to make a big dent and not to drive a decision to put the project on a hold and wait. He said the decision of other clients are moving in a phased approach for construction.

Council Member Silva liked the idea of the career days at the high school and need people to go into the different trades, like electricity, plumbing, etc. and hopes it comes to fruition and she will help introduced them to the school district. She agreed with the Mayor about the community being engaged in the pop ups around town trying to get everyone’s attention of what they wanted to see. She said she has asked that we put some sort of visual at the property because people know that’s the future home of a community center but they also need to see where they’re at as far as funding, and believed this was very important. She also said she got some calls from our residents regarding the failure of Measure D and they told her they heard the City was going to have low income housing, and wasn’t sure where they were getting that information. It was clear to the residents that this project is moving forward and we are working as hard as we can. She reminded people are always welcome to come to the meetings or join via zoom, to be part of the process they need to come and be part of the process. She thanked the consultants for the information.

Mayor Pro Tem Funk thanked them for the information and to bring us up to date. He said it was unfortunate learning about Measure D not passing and agreed with regards to the outreach, and the Council was not allowed to project their favor. He didn’t know what happened to the group of people who didn’t vote since the turnout was 504 and the signatures were over a thousand people Packet Pg. 7
Minutes Acceptance: Minutes of Sep 19, 2022 6:00 PM (CONSENT AGENDA)

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that were for it. He said there is an opportunity to reach out that needs to happen for the Measure X in November which is extending the term. He doesn’t like the idea of extending it but he understands the need and helps us get another step, the first phase. He thanked staff and consultants for their efforts as we move forward.

Council Member Miller agreed with everyone and liked the phasing part of it because it gets us going. He said he’s always a little leery that we’re basing our payments off of a sales tax measure and if the economy changes and if we don’t get the annual amount, we’ll have to find it somewhere else to make those payments and we have a small budget and small staff. He was sad only five hundred people came out to vote. He said he would love to go out and preach for the passing of the measure but we have to remember the fact that as Elected Officials, we have to watch what we do. He appreciates the fact we’re going to try to phase it even thought it will take a long time but that’s how these projects and requirements are.

Mayor Rios said we passed the initial Measure X but had he been in the Council then, he would have asked if the half cent would get us what we need for this project, and how do we determine $20 million? He said that’s why you should always budget for more rather than not enough and we would not have been having this discussion now if we had gone for more. He said Measure D was a good idea which won by numbers but unfortunately it needed a super majority and heard a lot of the ballots were in the recycling bin, which is sad that we take the freedoms we have for granted. He agreed with the phasing approach. He gave an idea. He said we have phases 1 and 2 that kind of go together. Phase 1 is the library and teen innovation center which we have the money for; and Phases 2 and 3 kind of go together because it’s the big hall with the stage, and phase 4 is the gym. He said if we did the gym, it can also double as a hall, and we can purchase a pop up stage. He said there is work around there and phases 2 and 3 cost us $13 million, and phase 4 cost us $8 million. He mentioned that looking at funding, his thought is that the gym could be more multi-purpose than the community center. He believed the gym would be used more than a community center.

Council Member Silva said she remembers that the flooring that’s required for a gym is different for the community center.

Mayor Rios said he was just looking at the cost and the multi-purpose use of a gym versus the community center and it’s something we should look at because we are looking at $5 million less to build a gym that can be multi-purpose, and the other one is basically a shell. It was just a thought. He asked since our Police Department is a butler building, why not think of this building like that.

Acting City Manager Dobbins mentioned that it is very comparable to the joint use gym in size and cost, and the Joint Use Gym is not a butler building, but this stand alone gym is a butler building.

Mayor Rios asked if that was feasible to do phase 4 before phases 2 and 3.

Acting City Manager Dobbins responded it was feasible.

Mayor Rios said he was just thinking of that because if we are not successful and we need to extend Measure X, he hopes Ms. Jaramillo advocates for that since this measure is to finish the community center which she wants, and he wants it too but he can’t advocate as an elected leader even though he thinks it’s a great idea. He asked if it was feasible to do the gym as phase 2.

Acting City Manager Dobbins responded it is feasible, it would leave a hole in the middle of the project, but it is feasible.

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Council Member Worthy asked if the Youth Council can advocate for Measure X since this will bring them a teen center and the library.

City Attorney Rodriquez mentioned that the issue with elected officials is they can’t advocate because of use of City funds and the Youth Council would have the same constraints if they receive funding from the City. He said in the past, there have been committees that support measures comprised of citizens, and the Council can be part of those committees, they just can’t use City funds.

Council Member Worthy felt Measure D happened so quick and maybe people didn’t know about it and she was concerned it may happen again but the Council can’t advocate.

City Attorney Rodriquez mentioned the Council can present something at a meeting, information such as this is what will happen if the measure passes, how funds will be used in the term and consequences if the measure does not pass, which are both sides of the issues. He shared an example in the City of Salinas where they presented information sort of the positive and the negative to having the measure pass or not pass.

It was the Council’s consensus to direct staff to continue with the phasing approach.

Acting City Manager Dobbins concluded that staff liked the idea of phasing because we think it would attract subsequent grants and we want to continue to focus on grant funding in addition to the capital campaign and other efforts, which have been very successful.

BUSINESS FROM CITY COUNCIL

19. City Council Board/Committee Reports
a. League of California Cities Monterey Bay Division
Mayor Pro Tem Funk reported he attended the conference, along with Acting City Manager Dobbins, which was very well attended, and had a lot of great sessions. The City of Gonzales was one of 12 cities acknowledged for the Helen Putnam Award. b. Association of Monterey Bay Area Governments
Mayor Pro Tem Funk reported on the regional housing numbers process where they held the public hearing and is due for adoption in October; the grants program that Gonzales can pursue; and transportation plan.
c. Monterey Salinas Transit
Council Member Worthy reported on the approval of the capital improvement program for 2023-2026; discussions of shelters at Meyer Park; and MST Van Pool Program. d. City & School Joint Steering Committee
Acting City Manager Dobbins reported on the meeting with staff and the School Superintendent, Chief Business Officer and Legal Counsel a couple of weeks ago where staff presented what's coming, and will meet again this week to talk about the elementary school site of the Vista Lucia project.
e. Economic Development Committee
No report.

20. Oral Communications
Youth Commissioner Flores reported they’re having the first GYC meeting this upcoming Thursday; and hoped to bring the full Youth Council at the next Council meeting so they can present themselves. She thanked the Council for always supporting the GYC.

Youth Commissioner Tinoco updated on the recruitment interviews, selection and orientation for the GYC.

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Minutes Acceptance: Minutes of Sep 19, 2022 6:00 PM (CONSENT AGENDA)

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Council Member Worthy reminded everyone about the October 15th event, which is the City’s 75th Anniversary event from 4pm - 8pm downtown Fourth Street, and there will be lots of food from different ethnicities, and several activities. She also announced the Homecoming game the day before.

Council Member Silva asked if the parklets were going to continue indefinitely or they will come down soon. She didn’t know if there were any parking issues downtown, but would imagine so.

Acting City Manager Dobbins mentioned staff hasn’t heard of any issues and a couple of months back, there was a conversation around staff approaching Rinconcito of what we can do regarding that, and also hoping the hotel coming to that site would improve the streetscape.

Council Member Silva said she didn’t know if it was still necessary because we’re out of the COVID protocol and people having parking problems.

Acting City Manager Dobbins said staff will approach the restaurant and ask them about the use of those tables.

Council Member Silva asked if the delay of the water bills will be fixed because there are some citizens that worry if they don’t get their bill by a specific time.

Acting City Manager Dobbins responded he will check with Finance Director Howard and let her know.

Council Member Silva mentioned in regards to page 7 in the packet, that she has seen before, sometimes when the Council has discussion about items, some of them want to go back and remember what they say about a particular presentation. She said it says general discussion took place but it doesn’t say who said what. She asked if staff can have that information especially on those topics because she would like to go back sometimes and see what she or others said. She asked if the recorded meetings were in the archives in a separate area because she couldn’t find anything today.

Acting City Manager Dobbins acknowledged her comments.

Council Member Silva hoped to see a lot of the community supporting our youth at the home games, and at the October 15th event.

BUSINESS FROM CITY MANAGER

21. Oral Communications
Acting City Manager Dobbins reported the slurry seal project wrapped up and went well; bid opening this Thursday; Meyer Park bus stop brought up by Mrs. Rodriguez; and gave a shoutout to Nayeli Gomez for helping us at City Hall and wish her the best on her 4th year at UC Davis.

Community Development Director Kinison Brown thanked the Mayor for the information on the Salinas ADU information and said staff is working on that.

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.

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Sonia Jaramillo, 124 Sixth Street, said she was here representing the community and there is a request to involve and engage the community in the process of recruiting and employing the new City Manager; wanting the Council, City and School Board be inclusive of all races, Council and Mayor to hold more open community forums, more meetings since they want to see elected officials out there; youth leaders involved in the community with presentations; rethink the approach and see this as a good opportunity post the failure; and she told the Mayor she wants a community center but she also wants to see changes, and the community engaged, and to find a better analogy than horses. She said our citizens are not horses and we have people in the community wanting to participate but want to feel they’re part of the process. She asked for ways to involve the community and she will be more than happy to be part of that process.

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

The Council discussed various recruitment issues and provided direction to the City Attorney.

No other reportable action taken.

ADJOURNMENT
RESULT: APPROVED [UNANIMOUS]
MOVER: Lorraine Worthy, Council Member
SECONDER: Scott Funk, Mayor Pro Tem
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Paul Miller The meeting was adjourned at 8:25 PM.

ATTEST:

Mary Villegas, Deputy City Clerk
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Minutes Acceptance: Minutes of Sep 19, 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: 8:11 am
Date: 09/16/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
47595 09/16/22 Printed 1922 A & G PUMPING, INC. Porta Potties Centennial Park 342.50 47596 09/16/22 Printed 108 AIRGAS Propane 156.25
ALVAREZ TECHNOLOGY 2,633.04
GROUP, INC.
47597 09/16/22 Printed 3893 Laptop for Utility Billing
47598 09/16/22 Printed 137 AMERICAN SUPPLY CO. Janitorial Supplies 857.00 ARMANASCO PUBLIC 14,192.65

RELATIONS,
47599 09/16/22 Printed 3284 PR Support Services
47600 09/16/22 Printed 3033 ASAP SIGNS & PRINTING Nameplates 50.59 47601 09/16/22 Printed 3168 AUTOZONE INC. Headlights 251.02 47602 09/16/22 Printed 1618 AVAYA FINANCIAL SERVICES Maintenance Aug. 2022 641.26 47603 09/16/22 Printed 770 CARLOS ALBERTO ESQUIVEL Janitorial Services & Supplies 1,600.00 CASNER EXTERMINATING, 260.00
INC.
47604 09/16/22 Printed 889 Extermination Services
47605 09/16/22 Printed 4128 JOSE CHAVEZ Travel Expenses Pickup Materials / 184.00 Testing
CITY OF GONZALES- PETTY 143.70
CASH
47606 09/16/22 Printed 165 Cash Drawer Short
47607 09/16/22 Printed 3095 CSG CONSULTANTS INC. Building Official Services 1,998.04 47608 09/16/22 Printed 3028 D & J TIRE SERVICE Tire Repair 8112 189.84 47609 09/16/22 Printed 3876 DAY CARTER & MURPHY LLP Microgrid Legal Fees 4,275.00 DE LAGE LANDEN PUBLIC 23,748.83

FINANCE
47610 09/16/22 Printed 2895 Solar Project Payment
47611 09/16/22 Printed 4184 DIMES MEDIA CORPORATION Comm. Sport Sponsorship - Aug 340.00 47612 09/16/22 Printed 507 EMC PLANNING GROUP INC. CEQA/NEPA for Comm. Center 36,879.11 EMPLOYER DRIVEN 50.00

INSURANCE
47613 09/16/22 Printed 4270 EDIS Admin Fee October 2022 47614 09/16/22 Printed 197 FARMERS FOOD MARKET PW 56.14 47615 09/16/22 Printed 4135 GUILLERMINA FLORES Travel Expenses Testing at Matsui 36.75 GONZALES ACE HARDWARE 108.94
INC.
47616 09/16/22 Printed 3274 Cooling Towels
47617 09/16/22 Printed 225 GONZALES IRRIGATION Sprinkler Repair 33.41 47618 09/16/22 Printed 342 GRAINGER, INC. Tools 1,835.37 47619 09/16/22 Printed 2818 JARVIS FAY LLP. Legal Services 12,294.00 LAW ENFORCEMENT 450.00

PSYCHOLOGICAL
47620 09/16/22 Printed 1852 Employment Psych. Eval.
47621 09/16/22 Printed 204 LN CURTIS & SONS Pressure Gauge 4,043.64 47622 09/16/22 Printed 72 MISSION UNIFORM SERVICE City Hall Mats 391.96 47623 09/16/22 Printed 3970 MNS ENGINEERS, INC. Slurry Seal CM/Inspection 5,240.89 MONTEREY BAY WATER 240.00

WORKS ASSOC
47624 09/16/22 Printed 402 Annual Vendor Show & Training 47625 09/16/22 Printed 245 MONTEREY COUNTY HEALTH Testing 7/6/22 - 7/6/22 6,542.45 47626 09/16/22 Printed 3669 MY BARK CO., INC. Playground Bark 2,800.31 47627 09/16/22 Void 09/15/22 4286 FRANKIE NAVA Boot Reimbursement 0.00 47628 09/16/22 Void 09/15/22 4287 JESSICA OLMEDO Travel Expenses - Costco 8/2/22 0.00 47629 09/16/22 Printed 3821 PASSPORT LABS, INC. Citation Management 830.74 PUBLIC AGENCY 491.95

RETIREMENT
47630 09/16/22 Printed 3194 PARS Admin Fees July 2022
PUBLIC AGENCY RISK 150.00

MANAGEMENT
47631 09/16/22 Printed 2989 Risk Management Expense FY 2022-23 47632 09/16/22 Printed 115 QUILL CORP Office Supplies 78.28 47633 09/16/22 Printed 4092 RAZZO LINK, INC. Internet Service - Pool 75.09 47634 09/16/22 Printed 4288 MONICA RICO Travel Expenses Testing at Matsui 36.75 SCHAAF & WHEELER, 6,700.00

CONSULTING
47635 09/16/22 Printed 3894 Alpine Camp Water/Sewer Design 47636 09/16/22 Printed 2673 SPECTRUM Cable Services - Aug 2022 428.74 47637 09/16/22 Printed 1857 SUMMIT UNIFORM CORP. Uniforms 988.75 47638 09/16/22 Printed 3670 T-MOBILE Cellphone Charges Acct # 963044810 7,005.35 47639 09/16/22 Printed 3880 THE MAYNARD GROUP Video Conferencing 260.30 TRANS UNION RISK AND 114.00

ALTERNATI
47640 09/16/22 Printed 3175 TLO
47641 09/16/22 Printed 27 TRI - CITIES DISPOSAL Drop Box Services - August 2,005.04 47642 09/16/22 Printed 3718 TRINI'S PLUMBING Pool - Chemicals & Chain 499.10 AGENDA
ITEM
Packet Pg. 12
Attachment: Warrants #47595-47660 (2546 : Approve City Accounts Payable Warrants #47595-47660) 5 City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 2
Time: 8:11 am
Date: 09/16/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
47643 09/16/22 Printed 3790 JAMES ERIC TYNAN Backflow Testing 2,380.00 47644 09/16/22 Printed 3577 U.S. BANK 8/8/22 Keith Wise Acct # 4866 9145 5550 6,521.20 8537
47645 09/16/22 Printed 3410 ULINE, INC. Kid Power Supplies 232.55 UNITED WAY OF MONTEREY 5,000.00
COUNTY
47646 09/16/22 Printed 63 211 Monterey County 2022-23
47647 09/16/22 Printed 3895 VESTRA RESOURCES INC. GIS Support Services 757.75 47648 09/16/22 Printed 99 VOSTI'S, INC. Vehicle Maint. 545.67 WORKWELL MEDICAL 2,375.00
GROUP
47649 09/16/22 Printed 2683 Pre Employment Screen
Total Checks: 55 Checks Total (excluding void checks): 160,342.95 Total Payments: 55 Bank Total (excluding void checks): 160,342.95 Total Payments: 55 Grand Total (excluding void checks): 160,342.95 Packet Pg. 13
Attachment: Warrants #47595-47660 (2546 : Approve City Accounts Payable Warrants #47595-47660) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 8:14 am
Date: 09/16/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
CODE PUBLISHING 911.25

COMPANY
47650 09/16/22 Printed 2825 Municipal Code Updates
47651 09/16/22 Printed 2818 JARVIS FAY LLP. Legal Services 1,554.00 47652 09/16/22 Void 09/16/22 Void Check 0.00
47653 09/16/22 Printed 245 MONTEREY COUNTY HEALTH Testing 5/3/22 - 5/24/22 12,830.25 47654 09/16/22 Printed 4286 FRANKIE NAVA Boot Reimbursement 200.00 47655 09/16/22 Printed 4287 JESSICA OLMEDO Travel Expenses - Costco 6/6/22, 151.74 6/15/22, 6/21/22
47656 09/16/22 Printed 3821 PASSPORT LABS, INC. Parking Ticket Services Management 807.42 Fees
PUBLIC AGENCY 477.62

RETIREMENT
47657 09/16/22 Printed 3194 PARS Admin Fees - June 2022 WORKWELL MEDICAL 845.00
GROUP
47658 09/16/22 Printed 2683 Pre Employment Screening
Total Checks: 9 Checks Total (excluding void checks): 17,777.28 Total Payments: 9 Bank Total (excluding void checks): 17,777.28 Total Payments: 9 Grand Total (excluding void checks): 17,777.28 Packet Pg. 14
Attachment: Warrants #47595-47660 (2546 : Approve City Accounts Payable Warrants #47595-47660) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 10:04 am
Date: 09/23/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
47659 09/23/22 Printed 3876 DAY CARTER & MURPHY LLP Legal Services 237.50 Total Checks: 1 Checks Total (excluding void checks): 237.50 Total Payments: 1 Bank Total (excluding void checks): 237.50 Total Payments: 1 Grand Total (excluding void checks): 237.50 Packet Pg. 15
Attachment: Warrants #47595-47660 (2546 : Approve City Accounts Payable Warrants #47595-47660) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 10:06 am
Date: 09/23/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
47660 09/23/22 Printed 3876 DAY CARTER & MURPHY LLP Legal Services 3,040.00 Total Checks: 1 Checks Total (excluding void checks): 3,040.00 Total Payments: 1 Bank Total (excluding void checks): 3,040.00 Total Payments: 1 Grand Total (excluding void checks): 3,040.00 Packet Pg. 16
Attachment: Warrants #47595-47660 (2546 : Approve City Accounts Payable Warrants #47595-47660) City of Gonzales

CITY ATTORNEY

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: October 3, 2022
FROM: Michael Rodriquez, City Attorney
THROUGH: Patrick Dobbins, Acting City Manager
SUBJECT: Resolution No. 2022-72 Approving an Amendment to the Joint Exercise of Powers Agreement for the South Salinas Valley Broadband Authority

RECOMMENDATION
It is recommended that the City Council Adopt Resolution No. 2022-72, A Resolution of the City Council of the City of Gonzales Approving an Amendment to the Joint Exercise of Powers Agreement for the South Salinas Valley Broadband Authority.

BACKGROUND
On or around May 27, 2022, the Cities of Gonzales, King City, Greenfield and Soledad and Monterey County approved the Joint Exercise of Powers Agreement (JPA) creating the South Salinas Valley Broadband Authority (“Authority”). The purpose of the Authority is to “maximize funding for the purpose of bringing broadband services as a utility available to all residents within the Authority’s jurisdiction, especially for unserved, underserved, and disadvantaged communities, at a low cost.” This goal is to be accomplished by creating an Open Access Broadband Network (“OABN”) and launching a broadband outreach program to provide service with established standards for connectivity.

REVIEW & ANALYSIS
One of the outstanding issues left for further consideration and action in the JPA was the means by which the Authority would obtain property interests for the construction, improvement, operation, and maintenance of fiber-optic lines and other broadband infrastructure within the jurisdiction of each party.

Once such interests are established, it will be easier for the Authority to contract with a single entity or public entity (another Authority) to construct and operate OABNs within the boundaries of the Authority.

AGENDA
ITEM
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The Authority has proposed an amendment to the JPA, subject to individual JPA party approval, that would modify the JPA in the following way:

1. Each Party to the JPA will grant a license to the Authority to construct, improve, operate and maintain fiber-optic lines and other broadband infrastructure; and

2. Each Party to the JPA will collaborate with the Authority and any sublicensees in good faith to streamline issuance of any permits or authorizations necessary for construction, improvement, or maintenance of broadband infrastructure, and

3. Upon the request by the Authority or any sublicensee, each Party shall cooperate with the Authority or sublicensee to review plans for the proposed network infrastructure in order to identify any potential constraints to the timely and efficient construction and operation of the network.

Notwithstanding the foregoing provisions, construction of broadband infrastructure would still require obtaining an encroachment permit or similar authorization subject to reasonable processing fees and costs.

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: Facilitating the construction of broadband services will provide enhanced opportunities for all South Salinas Valley residents, including but not limited to unserved, underserved and disadvantaged individuals.

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 Yes No X N/A
• Recreation X Yes No N/A
• Environment X Yes No N/A
• Education X Yes No N/A
Explain: See Vision above.

ALTERNATIVES
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1. Do not approve the proposed JPA amendment.

2. Amend or modify staff recommendation.

BUDGET IMPACT
There is no direct financial impact to the City from the proposed action.

CONCLUSION
It is recommended that the City Council Adopt Resolution No. 2022-72, A Resolution of the City Council of the City of Gonzales Approving an Amendment to the Joint Exercise of Powers Agreement for the South Salinas Valley Broadband Authority.

Attachments:

1. Resol 22-72 with SSVBA JPA Amendment
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RESOLUTION NO. 2022-72

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

APPROVING AN AMENDMENT TO THE JOINT EXERCISE OF POWERS

AGREEMENT FOR THE SOUTH SALINAS VALLEY BROADBAND AUTHORITY WHEREAS, the Cities of Gonzales, King City, Greenfield and Soledad and Monterey County approved the Joint Exercise of Powers Agreement (“JPA”) creating the South Salinas Valley Broadband Authority; and
WHEREAS, the parties would like to amend the original JPA to better facilitate cooperation with other entities that may propose to construct and operate open-access broadband networks within the boundaries of the Authority.

NOW THEREFORE, BE IT HEREBY RESOLVED, that the City Council of the City of Gonzales authorizes the Mayor to execute the first amendment to the Joint Powers Agreement creating the South Salinas Valley Broadband Authority as set forth in Exhibit A.

PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting duly held on the 3rd day of October, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Jose L. Rios, The Honorable Mayor
ATTEST:

Mary Villegas, Deputy City Clerk
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Attachment: Resol 22-72 with SSVBA JPA Amendment (2548 : Resolution No. 2022-72 JPA Amendment to the SSVBA) 1 FIRST AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT

CREATING THE SOUTH SALINAS VALLEY BROADBAND AUTHORITY
This Amendment (the “First Amendment”) is made this ___ day of ___ 2022 by and between the following public entities (each a “Party,” collectively, the “Parties”):
a) CITY OF GONZALES (“Gonzales”), a municipal corporation. b) CITY OF SOLEDAD (“Soledad”), a municipal corporation. c) CITY OF GREENFIELD (“Greenfield”), a municipal corporation; and d) CITY OF KING (“King”), a municipal corporation.
e) COUNTY OF MONTEREY (“County”), a political subdivision of the State of California.

R E C I T A L S
WHEREAS, the Parties have previously entered into that certain Joint Exercise of Powers Agreement Creating the South Salinas Valley Broadband Authority (the “Original JPA”); and WHEREAS, the parties desire to amend the Original JPA to better facilitate cooperation with other public entities that may propose to construct and operate open-access broadband networks within the boundaries of the Authority.

AGREEMENT
NOW, THEREFORE, based upon mutual promises contained in this Amendment, the Parties agree as follows:

1. The above recitals are hereby incorporated into this Amendment.

2. Subsection 1 of Section H of the Original JPA is hereby amended to read as follows:

1. Pursuant to Government Code section 6504, each Party hereby contributes the following property interests to the Authority in furtherance of public purposes of this Agreement:
a. The Authority is hereby granted a license to construct, improve, operate, and maintain fiber-optic lines and other broadband infrastructure, with the necessary appurtenances, across, along, in, under, over, or upon any road, street, alley, avenue, or highway, and across, under, or over any railway, canal, ditch, or flume which the route of such works intersects, crosses, or runs along, or any utility easement, that is located within the boundaries of the Authority and is owned by or otherwise under the possession, control, or jurisdiction of the Party. This license shall survive withdrawal of the Party from the Authority, and shall further survive termination of this Agreement, and shall be irrevocable with respect to any broadband infrastructure financed or constructed in reliance upon such license.

EXHIBIT A
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Attachment: Resol 22-72 with SSVBA JPA Amendment (2548 : Resolution No. 2022-72 JPA Amendment to the SSVBA) 2 b. Construction of broadband infrastructure under this license shall be contingent upon obtaining an encroachment permit or similar authorization from the applicable Party, as provided in Subsection 2 of this Section, which shall not be unreasonably withheld, conditioned, or delayed.
c. Except as provided in Subsection 2 of this Section, this license and the exercise of the Authority’s rights hereunder shall be without cost to the Authority or it sublicensees.
d. This license shall have the same terms and conditions as the franchise granted to municipal corporations under Article 3 (commencing with Section 10101) of Chapter 1 of Division 5 of the Public Utilities Code, to the extent not inconsistent with the terms of this Agreement. e. The property interests contributed to the Authority under this Agreement are in addition to, and do not diminish, the rights, if any, possessed directly by the Authority or its sublicensees under Article 3 (commencing with Section 10101) of Chapter 1 of Division 5 of the Public Utilities Code.
f. The Authority may grant one or more sublicenses to other public entities for the same purpose on the same terms and conditions as set forth herein.

3. Subsection 2 of Section H of the Original JPA is hereby amended to read as follows:

2. Encroachment Permits:
a. Each Party shall collaborate with the Authority and any sublicensee in good faith to streamline issuance of any permits or authorizations necessary for construction, improvement, or maintenance of broadband infrastructure as set forth in Subsection 1 of this Section. b. Any fees charged in connection with such permit or authorization shall not exceed the reasonable costs to process and issue the permit. No rent, license fee, franchise fee, or other recurring fee or charge shall be imposed for such permit or for use of the right-of-way or utility easement.
c. Such permits or authorizations may be subject to those conditions determined necessary by the applicable Party to afford security for life and property, provided that the Party shall collaborate with the Authority and any sublicensee in good faith to reduce the costs of compliance with any such conditions to the greatest extent practicable.

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Attachment: Resol 22-72 with SSVBA JPA Amendment (2548 : Resolution No. 2022-72 JPA Amendment to the SSVBA) 3 4. Subsection 4 of Section H is hereby added to the Original JPA, to read as follows:

5. Upon request by the Authority or any sublicensee, each Party shall cooperate with the Authority or sublicensee to review plans for the proposed network infrastructure in order to identify any potential constraints to the timely and efficient construction and operation of the network.

4. All other terms and conditions of the Original JPA shall remain in effect unchanged.

5. This First Amendment, together with the Original JPA, constitutes the entire agreement of the parties and supersedes all previous agreements, writings, and oral statements. In the event of any inconsistency or conflict between this First Amendment and the Original JPA, the provisions of this First Amendment shall prevail. The Agreement may not be further modified except in a writing signed by both parties.

IN WITNESS WHEREOF, the Parties, pursuant to resolutions duly and regularly adopted by their respective governing boards, have caused their names to be affixed by their proper and respective officers as of the day and year so indicated.

COUNTY OF MONTEREY
By________________________________________
Mary L. Adams
Chair of the Board of Supervisors
Dated: ______________________________

APPROVED AS TO FORM
By________________________________________
Leslie J. Girard, County Counsel

CITY OF GONZALES
By________________________________________
Mayor
Dated: ______________________________
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Attachment: Resol 22-72 with SSVBA JPA Amendment (2548 : Resolution No. 2022-72 JPA Amendment to the SSVBA) 4 APPROVED AS TO FORM
____________________, City Attorney
By________________________________________

CITY OF SOLEDAD
By________________________________________
Mayor
Dated: ______________________________

APPROVED AS TO FORM
____________________, City Attorney
By________________________________________

CITY OF GREENFIELD
By________________________________________
Mayor
Dated: ______________________________

APPROVED AS TO FORM
____________________, City Attorney
By________________________________________

CITY OF GONZALES
By________________________________________
Mayor
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Attachment: Resol 22-72 with SSVBA JPA Amendment (2548 : Resolution No. 2022-72 JPA Amendment to the SSVBA) 5 Dated: ______________________________

APPROVED AS TO FORM
____________________, City Attorney
By________________________________________

CITY OF KING
By________________________________________
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Attachment: Resol 22-72 with SSVBA JPA Amendment (2548 : Resolution No. 2022-72 JPA Amendment to the SSVBA) City of Gonzales

CITY MANAGER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: October 3, 2022
FROM: Patrick Dobbins, Acting City Manager
SUBJECT: Resolution No. 2022-73 Award Contract to Tope's Tree Service

RECOMMENDATION
It is recommended that the City Council:
• Adopt Resolution No. 2022-73, A Resolution of the City Council of the City of Gonzales Awarding a Contract with Tope’s Tree Service for the Tree Removal Contract at the Community Center Site, Rejecting All Other Bids, and Authorizing and Directing City Staff to Execute a Contract with Tope’s Tree Service in the Amount of $90,000 which Includes a Contingency Budget of $10,300 for Unanticipated Field Changes; and
• Amend the FY 2022-2023 City Budget by increasing the Measure X (Budget Unit 850) Contractual Services - General (Object Code 6235) by $90,000.

BACKGROUND
At the September 6, 2022 Council meeting, staff report was presented regarding the issuance of a bid document for a Tree Removal Contract for the Community Center Complex Project. Tree removal is the first field activity for site preparation for the project.

From the CEQA/NEPA documents prepared for the project, the trees should be removed between September 15 and January 15 to minimize impacts to nesting birds. Removal of the tress was analyzed under CEQA/NEPA and the project (including tree removal) was determined to be Categorically Exempt, with an NOE filed on April 1, 2022.

City staff with support from Swinerton Management & Consulting prepared the bid document for the Tree Removal Contract. The bid schedule listed tree removal and related site work as the base bid amount and removal of the stumps was an additive alternate.

AGENDA
ITEM
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The bid document was issued on August 25 and the schedule is in the below table:

Schedule Date
Issue for Public Bid 8/25/2022
Bid Opening at City Hall at 2:00PM 9/21/2022
Award Contract at City Council Meeting 10/03/2022
Contract Executed 10/07/2022
Preconstruction Meeting / Notice to Proceed 10/13/2022
ContractorMobilization 10/18/2022
Complete Tree Removal work (25 working days) 11/22/2022

REVIEW & ANALYSIS
This project was issued for public bid on August 25 and bid documents were provided to the Central Coast Builders Exchange in Salinas and the Santa Clara/San Benito County Builders Exchange for review by interested contractors. On September 21, city staff received and opened bids from the following nine contractors:

BIDDER

TREE REMOVAL
(BASE BID

AMOUNT)
ADD

ALTERNATIVE

TO REMOVE
STUMPS

TOTAL AMOUNT
BID
1 Tope’s Tree Service
(low bidder) $62,000 $17,700 $79,700
2 JC Tree Service $80,000 $50,000 $130,000
3 West Coast Arborists $83,950 $26,000 $109,950
4 Bay Area Tree
Specialists $84,983 $10,650 $95,588
5 Professional Tree Care $121,600 $12,000 $133,600
6 Randazzo $122,800 $47,200 $170,000
7 Mountain F. Enterprises $135,500 $17,500 $153,000
8 Joe's Landscaping $135,700 $32,700 $168,400
9 Central Sierra $145,950 $34,824 $180,774
City staff reviewed the submitted bids and determined that the lowest responsive and responsible bid was submitted by Topes Tree Service of Salinas. Staff recommends that the contract with Topes Tree Service include the tree removal and related site work (base bid amount of $62,000), removal of stumps (additive alternate cost of $17,700) and a contingency budget of $10,300 for unanticipated field changes for a total authorization of $90,000.

Therefore, staff is recommending the City Council award the Tree removal contract to Topes Tree Service and that the City Council reject the other submitted bids. This contract will be funded with Measure X Packet Pg. 27
funds. Staff recommends that the Council authorize a contract with Topes Tree Service in the amount of $90,000.

Swinerton Consulting will provide Construction Administration and Inspection Services during this work under their Professional Services Agreement for the Community Center Complex Project.

Explain: Constructing a Community Center will provide residents with a facility for a wide variety of 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 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: See Vision above
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 above.

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

ALTERNATIVES

1. Direct staff to delay this contract

2. Direct staff to rebid the contract

3. Amend or modify staff recommendation.

BUDGET IMPACT
As mentioned, the contract will be funded from Measure X monies.

CONCLUSION
It is recommended that the City Council:

Packet Pg. 28
• Adopt Resolution No. 2022-73, A Resolution of the City Council of the City of Gonzales Awarding a Contract with Tope’s Tree Service for the Tree Removal Contract at the Community Center Site, Rejecting All Other Bids, and Authorizing and Directing City Staff to Execute a Contract with Tope’s Tree Service in the Amount of $90,000 which Includes a Contingency Budget of $10,300 for Unanticipated Field Changes; and
• Amend the FY 2022-2023 City Budget by increasing the Measure X (Budget Unit 850) Contractual Services - General (Object Code 6235) by $90,000.

Attachments:

1. Resol No. 2022-73
Packet Pg. 29

Page 1 of 2 ends

RESOLUTION NO. 2022-73

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES AWARDING A CONTRACT WITH TOPE’S TREE SERVICE FOR THE TREE

REMOVAL CONTRACT AT THE COMMUNITY CENTER SITE, REJECTING

ALL OTHER BIDS, AND AUTHORIZING AND DIRECTING CITY STAFF TO EXECUTE A CONTRACT WITH TOPE’S TREE SERVICE IN THE AMOUNT OF $90,000 WHICH INCLUDES A CONTINGENCY BUDGET OF $10,300 FOR

UNANTICIPATED FIELD CHANGES
WHEREAS, staff issued bid documents for the Tree Removal Contract at the Community Center Site on August 25, 2022; and
WHEREAS, on September 21, 2022, the City received the following bids for this contract:

BIDDER

TREE REMOVAL
(BASE BID

AMOUNT)

ADD ALTERNATIVE

TO REMOVE
STUMPS

Enterprises $135,500 $17,500 $153,000
8 Joe's Landscaping $135,700 $32,700 $168,400
9 Central Sierra $145,950 $34,824 $180,774
WHEREAS, staff determined that Tope’s Tree Service provided the lowest responsive and responsible bid, and that Tope’s Tree Service is qualified to undertake the proposed work and willing to perform the same on a timely basis; and
WHEREAS, removal of the tress was analyzed under CEQA/NEPA and the project (including tree removal) was determined to be Categorically Exempt, with an NOE filed on April 1, 2022; and
WHEREAS, funding for this project will come from City Measure X Funds; and WHEREAS, Swinerton Consulting staff will provide Construction Management and Inspection Services on the contract under their consultant agreement with for Program Management/Construction Management Services.

Packet Pg. 30
Attachment: Resol No. 2022-73 (2549 : Resolution No. 2022-73 Award Contract to Tope's Tree Service)

Page 2 of 2 ends

NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Gonzales that Tope’s Tree Service submitted the lowest responsive and responsible bid for work associated with the Tree Removal Contract, that the City accepts Tope’s Tree Service bid and that the contract is hereby awarded to the Tope’s Tree Service, all other bids are rejected, and the City Manager is directed to notify all other bidders in writing of the City’s decision.

BE IT FURTHER RESOLVED that the City Manager is authorized and further directed to prepare and execute the appropriate contract in a not-to-exceed amount of $90,000 which is based on their base bid amount of $62,000, their additive alternate cost of $17,700 for removal of the stumps and include a contingency budget of $10,300 for unanticipated field changes, and amend the FY 2022-2023 City Budget by increasing the Measure X (Budget Unit 850) Contractual Services - General (Object Code 6235) by $90,000.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 3
rd day of October 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. 31
Attachment: Resol No. 2022-73 (2549 : Resolution No. 2022-73 Award Contract to Tope's Tree Service) City of Gonzales

COMMUNITY DEVELOPMENT DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: October 3, 2022
FROM: Taven Kinison Brown, Community Development Director THROUGH: Patrick Dobbins, Acting City Manager
SUBJECT: Resolution No. 2022-70 Adopt Vehicle Miles Traveled (VMT) Policy

RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2022-70, A Resolution of the City Council of the City of Gonzales adopting Vehicle Miles Traveled (VMT) as the metric for conducting transportation impact analyses to comply with California Senate Bill 743, Vehicle Miles Traveled Policy.

BACKGROUND
The State legislature of the State of California adopted the California Environmental Quality Act of 1970 (CEQA), that required public agencies to, in a public and transparent manner, disclose the potential environmental effects of a given project prior to project approval. Government agencies that approve or deny development projects are required to review many environmental factors such as: Biological Resources, Agricultural Resources, Geology/Soils, Hydrology and Transportation and Circulation factors, among many others.

After nearly 40+ years of statewide practice, a reconsideration of the way traffic impacts are measured has now been incorporated into the state environmental review guidelines (CEQA). Guidelines section 15064.3 went into effect on July 1, 2020, and it names vehicle miles traveled (VMT) as the most appropriate metric to evaluate a project’s transportation impacts.

Formerly, LOS or Levels of Service had been the key metric. LOS evaluations in CEQA studies measured delay and circulation bottlenecks that may result from new projects. The scoring of an LOS A versus a LOS F was much like a report card grade. From great functioning streets and intersections (LOS A), to AGENDA
ITEM
8 Packet Pg. 32
failing traffic congestion and bottlenecks (LOS F). Projects have been required to reduce or negate their impacts on increasing delay or a deteriorating level of service by conditioning and mitigating their traffic impacts by paying for or paving new lanes to a busy road, installing new traffic signals, widen intersections, provide turn lanes – or in some way have been required to add a capacity-serving facility that would negate the project’s anticipated increase in delay.

As LOS had become recognized as not meeting or reducing real traffic impacts or meeting the challenges of current life and our future needs, Senate Bill 743 was signed into law by California Governor Jerry Brown in 2013, with a goal of:

Reducing Greenhouse Gas (GHG) emissions
Promoting the development of infill land use projects and multimodal transportation networks; and to Promote a diversity of land uses within developments.

One significant outcome resulting from this statue was the removal of automobile delay and congestion, level of service, as a basis for determining significant transportation impacts under the California Environmental Quality Act (CEQA).

Since this direction came down in 2018 from the state, the City of Gonzales teamed up with the County of Monterey, TAMC Transportation Agency of Monterey County and the cities of Greenfield, Soledad, Pacific Grove, Sand City and Soledad. The team of cities and agencies contracted Kimley-Horn, to prepare a policy paper and evaluation, drawing from state guidance in the matter, and to create a “calculator” where project characteristics can be plugged into the calculator (also called a “model”). The model is built upon a threshold of significance of reducing vehicle miles travelled by 15% for office, retail and residential land uses.

REVIEW AND ANALYSIS
At a regular meeting of the Planning Commission held on September 12, 2022, the matter was presented by staff, all testimony was received and considered, and the Planning Commission deliberated the matter.

The September 12, 2022 Planning Commission Staff report which includes a technical review of the VMT Policy and tools is attached to this Council Report (See Attachment 2) The Planning Commission found and determined, based upon staff and consultant reports and research, that the revised CEQA threshold of significance under consideration to reduce VMT by 15%, is consistent with State requirements as to how transportation impacts should be evaluated for purposes of CEQA review of projects. The revised thresholds are based upon the VMT metric that is specifically required in CEQA Guidelines section 15064.3. Additionally, the policy under consideration is consistent with and based upon review of OPR guidance, which has suggested a target threshold of a 15% reduction in VMT.

In Resolution PC 2022-06 (See Attachment 3), the Planning Commission recommended that the City Council adopt the Vehicle Miles Traveled Policy, designating Vehicle Miles Traveled (VMT) as the metric for conducing transportation analyses pursuant to the California Environmental Quality Act (CEQA), establishing CEQA thresholds of significance related to VMT, and identifying screening criteria to limit review for projects presumed to have less than significant VMT impact.

In Resolution PC 2022-06, the Planning Commission also recommended that the City Council adopt the VMT Calculator as prepared by Kimley-Horn on behalf of cities in the Monterey County Region and TAMC, to facilitate VMT computations and suggested mitigation measures and strategies for reducing VMT by 15%.

In the motion to approve Resolution PC 2022-06, the Planning Commission also asked that the City Council consider directing that an update to parking standards and ordinances citywide be undertaken.

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ENVIRONMENTAL REVIEW (CEQA)
The City of Gonzales Community Development Department found that the addition of this VMT threshold policy to address transportation related impacts is consistent with CEQA Guidelines Section 15064.7 (Threshold of Significance) and is exempt from CEQA per the categorical exemption under CEQA Guidelines section 15308, Class 8 (Actions by Regulatory Agencies for Protection of the Environment). Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

How the 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: Adopting a Vehicle Miles Travelled (VMT) threshold and its accompanying model calculator, will allow development interests to clearly understand the City’s target of reducing classic vehicle miles travelled by 15% for office, retail and residential units. This policy may help avert the need for an extensive environmental review for future and potential medium sized development projects. The VMT Threshold of Significance is largely neutral to the City’s vision.

Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ____ No____ N/A
Explain: In adopting a Vehicle Miles Travelled (VMT) threshold and its accompanying model calculator, the City of Gonzales is showing leadership and commitment by providing a usable and interactive software tool for general use by staff and development interests to understand Vehicle Miles Travelled for their particular project proposals and offers mechanisms and adjustments to particular project operations that can reduce vehicle miles travelled.

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

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes No X N/A
• Housing Yes No X N/A
• Recreation Yes No X N/A
• Environment Yes No X N/A
• Education Yes No X N/A
Explain: A VMT threshold and policy is not a fiscal or infrastructure based policy.

BUDGET IMPACT
None presently.

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ALTERNATIVES
The City Council may wish to explore a different threshold of significance than the state recommended 15% reduction of existing background/regional conditions.

CONCLUSION
The City Council’s actions in adopting a VMT policy threshold will allow the development community to have more certainty in how projects will be reviewed for traffic impacts in the City of Gonzales and what “traffic” effects of development may be considered significant or exempt under environmental review.

The policy and its attached calculator / model will be free to use by staff and applicants and will help new developments shape their operations and development proposals so that vehicle miles travelled can be lessened through operational adjustments, potentially negating the need to pay for more expensive traffic reports.

It is recommended that City Council adopt Resolution No. 2022-70, A Resolution of the City Council of the City of Gonzales adopting Vehicle Miles Traveled (VMT) as the metric for conducting transportation impact analyses to comply with California Senate Bill 743, Vehicle Miles Traveled Policy.

Attachments:

1. Resolution No. 2022-70 w/ Exhibits

2. Proof of Publication
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RESOLUTION NO. 2022-70

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

ADOPTING VEHICLE MILES TRAVELED (VMT) AS THE METRIC FOR

CONDUCTING TRANSPORTATION IMPACT ANALYSES TO COMPLY WITH CALIFORNIA SENATE BILL 743, VEHICLE MILES TRAVELED POLICY WHEREAS, the State legislature of the State of California adopted the California Environmental Quality Act of 1970 (CEQA), as amended, and codified in Sections 21000 et seq. of the Public Resources Code; and
WHEREAS, the Legislature directed the Secretary of the Natural Resources Agency to prepare State guidelines for the implementation of said act by public agencies; and WHEREAS, Senate Bill 743, codified in Public Resources Code section 21099, required changes to the CEQA Guidelines for determining the significance of transportation impacts of projects; and
WHEREAS, CEQA Guidelines section 15064.3 went into effect on July 1, 2020, and it identifies vehicle miles traveled (VMT) as the most appropriate metric to evaluate a project’s transportation impacts; and
WHEREAS, vehicle delay, as measured by level of service (LOS), no longer constitutes a significant environmental effect under CEQA. Senate Bill 743 does not prevent a city or county from continuing to analyze delay or LOS as part of development standards, but it may no longer constitute the basis for CEQA impact and mitigation. (Public Resources Code section 21099(e)(4).); and
WHEREAS, CEQA Guidelines section 15064.7(a) defines a threshold of significance as “an identifiable quantitative, qualitative or performance level of a particular environmental effect, noncompliance with which means the effect will normally be determined to be significant by the agency and compliance with which means the effect normally will be determined to be less than significant;” and
WHEREAS, CEQA Guidelines section 15064.7(b) requires that thresholds of significance be adopted by ordinance, resolution, rule or regulations, developed through a public review process and be supported by substantial evidence; and WHEREAS, the City is adopting this policy to bring the City’s transportation analysis methodology in line with state goals pursuant to SB 743; and WHEREAS, in recognition of the Governor’s Office of Planning and Research (OPR)’s recommendations, the recommendations in this report include VMT thresholds, screening criteria, Packet Pg. 36
Attachment: Resolution No. 2022-70 w/ Exhibits (2544 : Resolution No. 2022-70 Adopt Vehicle Miles Traveled (VMT) Policy) and mitigation to ensure consistency with CEQA Guidelines. Additionally, the City partnered with Kimley-Horn to develop a VMT tool that uses the AMBAG model to determine whether a proposed project would create a significant impact. The tool evaluates a project’s anticipated VMT based on its land use type. This was done in compliance with SB 743 and OPR’s “Technical Advisory on Evaluating Transportation Impacts in CEQA”; and WHEREAS, at a regular meeting of the Planning Commission held on September 12, 2022, the matter was presented by staff, all testimony was received and considered, and the Planning Commission deliberated the matter; and
WHEREAS, the Planning Commission found and determined, based upon staff and consultant reports and research, that the revised CEQA thresholds of significance under consideration are consistent with State requirements as to how transportation impacts should be evaluated for purposes of CEQA review of projects. The revised thresholds are based upon the VMT metric that is specifically required in CEQA Guidelines section 15064.3. Additionally, the policy under consideration is consistent with and based upon review of OPR guidance; and WHEREAS, in Resolution PC 2022-06, the Planning Commission recommended that the City Council adopt the Vehicle Miles Traveled Policy, designating Vehicle Miles Traveled (VMT) as the metric for conducing transportation analyses pursuant to the California Environmental Quality Act (CEQA), establishing CEQA thresholds of significance related to VMT, and identifying screening criteria to limit review for projects presumed to have less than significant VMT impact, and
WHEREAS, in Resolution PC 2022-06, the Planning Commission also recommended that the City Council adopt the VMT Calculator as prepared by Kimley-Horn on behalf of cities in the Monterey County Region and TAMC, to facilitate VMT computations and suggested mitigation measures and strategies for reducing VMT. (Such model may be adjusted, improved and refined over time, without need to return for legislative action by the City.); and WHEREAS, in the motion to approve Resolution PC 2022-06, the Planning Commission also requested that the City Council consider directing that an update to parking standards and ordinances citywide be undertaken; and
WHEREAS, the City of Gonzales Community Development Department determined that the addition of this VMT threshold policy to address transportation related impacts is consistent with CEQA Guidelines Section 15064.7 (Threshold of Significance) and is exempt from CEQA per the categorical exemption under CEQA Guidelines section 15308, Class 8 (Actions by Regulatory Agencies for Protection of the Environment). Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

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Attachment: Resolution No. 2022-70 w/ Exhibits (2544 : Resolution No. 2022-70 Adopt Vehicle Miles Traveled (VMT) Policy)

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GONZALES:

1. The above recitals are incorporated herein as findings for approval.

2. The Vehicle Miles Traveled Policy, attached hereto as Exhibit A, designating Vehicle Miles Traveled (VMT) as the metric for conducing transportation analyses pursuant to the California Environmental Quality Act (CEQA), establishing CEQA thresholds of significance related to VMT, and identifying screening criteria to limit review for projects presumed to have less than significant VMT impact, is hereby adopted.

3. The VMT Calculator as prepared by Kimley-Horn on behalf of cities in Monterey County is hereby incorporated in this adopted policy and is to be used to facilitate VMT computations and suggested mitigation measures and strategies for reducing VMT by 15%. (Such model may be adjusted, improved and refined over time, without need to return for legislative action by the City.)

4. This Resolution shall become effective immediately following passage and adoption thereof.

PASSED AND ADOPTED by the City Council of the City of Gonzales at a meeting held on this 3rd day of October 2022 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Jose L. Rios, The Honorable Mayor
ATTEST:

Mary Villegas, Deputy City Clerk
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Vehicle Miles Traveled Implementation Policy - City of Gonzales Proposed for Adoption - October 3, 2022

1.0 Background
The Governor’s Office of Planning and Research (OPR) has documented recommended analysis guidelines for SB 743 in its Technical Advisory on Evaluating Transportation Impacts in CEQA (2018) which provides for Vehicle Miles Traveled In 2013, SB 743 was signed into law by California Governor Jerry Brown with a goal of reducing Greenhouse Gas (GHG) emissions, promoting the development of infill land use projects and multimodal transportation networks, and to promote a diversity of land uses within developments. One significant outcome resulting from this statue is the removal of automobile delay and congestion, commonly known as level of service (LOS), as a basis for determining significant transportation impacts under the California Environmental Quality Act (CEQA). (VMT) as the principal measure to replace LOS for determining significant transportation impacts. VMT is a measure of total vehicular travel that accounts for the number of vehicle trips and the length of those trips. OPR selected VMT, in part, because jurisdictions are already familiar with this metric. VMT is already used in CEQA to study other potential impacts such as GHG, air quality, and energy impacts and is used in planning for regional Sustainable Communities Strategies (SCS).

VMT also allows for an analysis of a project’s impact throughout the jurisdiction rather than only in the vicinity of the proposed project allowing for a better understanding of the full extent of a project’s transportation-related impact. It should be noted that SB 743 does not disallow the City of Gonzales to use LOS for other planning purposes outside the scope of CEQA.

2.0 Use of This Document
Note that although this document includes footnotes and references to other documents, this document has been developed to serve both as the basis of SB 743 implementation and VMT analysis within the City. Accordingly, the document does not require the reader to reference the footnotes unless they are interested in understanding the technical basis of elements of this document’s preparation. Analysis guidelines are separated into two distinct approaches, those that relate to land use projects (Section 3.0) and those that relate to transportation improvement projects (Section 4.0). If a project includes both land use and transportation improvement elements, analysis would be required to be carried out for both. Projects not subject to CEQA are not required to follow these guidelines.

3.0 Land Use Projects
An approach to identify transportation impacts under CEQA for land-use that closely align with guidance provided within the OPR Technical Advisory on Evaluating Transportation Impacts in CEQA (2018). While the OPR guidance related to SB 743 has been a helpful introduction to using VMT to evaluate projects, it does not provide a complete solution. There are a multitude of complex practical issues that are not addressed by the OPR guidance. OPR Guidance does not specifically address land uses beyond residential, office and retail, and it provides latitude on some elements of implementation. In response to this, a specific series of analysis steps for SB 743 project evaluation have been developed to clarify requirements and reduce potential confusion. Exhibit 1 provides a graphical representation of this analysis process.

EXHIBIT A
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Exhibit 1 – Process for CEQA VMT Analysis for Land Use Projects

EXHIBIT A
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October 2022
Step 1: Determine ITE Land Use Type
If it is determined that this policy applies to a land use project, the second step will be to evaluate the project for the following considerations:
 Land use type. For the purposes of analysis, the Institute of Transportation Engineers (ITE) land use codes serve as the basis of land use definitions. Although it is recognized that VMT evaluation tools and methodologies are typically not fully sensitive to some of the distinctions between some ITE categories, the use of ITE land use codes is useful for maintaining consistency across analyses, determining trip generation for other planning level tools, and maintaining a common understanding of trip making characteristics amongst transportation professionals. The ITE land use code is also used as an input into the VMT Analysis Tool described in Step 4 of this Section
 Mixed Use. If there are multiple distinct land uses within the project (residential, office, retail, etc.), they will be required to be analyzed separately unless they are determined to be insignificant to the total VMT. Mixed use projects are permitted to account for internal capture which depending on the methodology may require a distinct approach not covered in this documentation. This analysis would be the responsibility of the applicant and will need to be prepared by a qualified transportation professional and approved by the City of Gonzales.  Redevelopment projects. As described under the Non-Significant Screening Criteria section, redevelopment projects which have lower VMT than the existing on-site use can be determined to have a non-significant impact.

Once the land use type(s) are determined, the next step is to screen the project to determine if further CEQA transportation analysis is necessary.

Step 2: Screen for Non-Significant Transportation Impact The purpose of this step is to determine if a presumption of a non-significant transportation impact can be made on the facts of the project. The guidance in this section is primarily intended to avoid unnecessary analysis and findings that would be inconsistent with the intent of SB 743. A detailed CEQA transportation analysis will not be required for land use elements of a project that meet the screening criteria shown in Exhibit 2. If a project has multiple distinct uses (residential, office, retail, etc.), only those elements of the project that are not screened out would require further evaluation to determine transportation significance for CEQA purposes.

EXHIBIT A
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October 2022
Exhibit 2 – Screening Criteria
Screening Criteria OPR Guidance
Small Projects1
This applies to projects
with low trip
generation per existing
CEQA exemptions.

Note that this includes
any land use type
(residential, office,
open space,
neighborhood parks,
etc.)
Presumed to cause a less-than-significant impact:
 Project generation is less than 110 trips per day per the ITE Manual or other acceptable source determined by the City of Gonzales Unless:
 It is inconsistent with the Sustainable Communities Strategy as determined by the City of Gonzales
Projects Near High
Quality Transit2
High quality transit
provides a viable
option for many to
replace automobile
trips with transit trips
resulting in an overall
reduction in VMT.

Presumed to cause a less-than-significant impact:
 Within a ½ mile of an existing major transit stop; and  Maintains a service interval frequency of 15 minutes or less during the morning and afternoon peak commute periods).

Unless:
 Has a Floor Area Ratio (FAR) of less than 0.75; or
 Includes more parking, excluding on-street parking, for use by residents, customers, or employees of the project than required by the City of Gonzales zoning code; or
 It is inconsistent with the Sustainable Communities Strategy as determined by the City of Gonzales; or
 Replaces affordable residential units with a smaller number of moderate- or high-income residential units
Local-Serving Retail3
The introduction of
new Local-serving
retail has been
determined to reduce
VMT by shortening
trips that will occur out
of necessity (groceries,
other essentials, etc.).

Presumed to cause a less-than-significant impact:
 No single store on-site exceeds 50,000 square feet; and  Project is local-serving as determined by the City of Gonzales Unless:
 The nature of the service is regionally focused as determined by the City of Gonzales
1 2018 OPR Guidance, page 12 2 2018 OPR Guidance, page 13 3 2018 OPR Guidance, page 16

EXHIBIT A
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Exhibit 2 – Screening Criteria
Screening Criteria OPR Guidance
Affordable Housing4
Lower-income
residents make fewer
trips on average,
resulting in lower VMT
overall.

Presumed to cause a less-than-significant impact:
 A high percentage of affordable housing is provided as determined by the City of Gonzales
Unless:
 The percentage of affordable housing is determined by the City of Gonzales to not be high in relation to the residential element of a project
Local Essential
Service5
As with Local-Serving
Retail, the introduction
of new Local Essential
Services shortens nondiscretionary trips by
putting those goods
and services closer to
residents, resulting in
an overall reduction in
VMT.

Presumed to cause a less-than-significant impact:
 Building is less than 50,000 square feet: and
 Land Use is :
• Day care center; or
• Public K-12 School; or
• Police or Fire facility; or
• Medical/Dental office building; or
• Government offices (in-person services such as post office, library, and utilities)
Unless:
 The nature of the service is regionally focused as determined by the City of Gonzales
Map-Based Screening
This method
eliminates the need for
complex analyses, by
allowing existing VMT
data to serve as a basis
for the screening
smaller developments.

Note that screening is
limited to residential
Presumed to cause a less-than-significant impact:
 Area of development is under threshold as shown on screening map as allowed by the City of Gonzales
Unless:
 Represent significant growth as to substantially change regional travel patterns as determined by the City of Gonzales
4 2018 OPR Guidance, page 14. As described, “Evidence supports a presumption of less than significant impact for a 100 percent affordable residential development (or the residential component of a mixed-use development) in infill locations. Lead agencies may develop their own presumption of less than significant impact for residential projects (or residential portions of mixed-use projects) containing a particular amount of affordable housing, based on local circumstances and evidence.” 5 Based on assumption that, like local-serving retail, the addition of necessary local in-person services will reduce VMT given that trips to these locations will be made irrespective of distance given their non-discretionary nature.

EXHIBIT A
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Exhibit 2 – Screening Criteria
Screening Criteria OPR Guidance
and office projects
utilizing the maps.

Redevelopment
Projects6
Projects with lower
VMT than existing onsite uses, can under
limited circumstances,
be presumed to have a
non-significant impact.

In the event this
screening does not
apply, projects should
be analyzed as though
there is no existing
uses on site (project
analysis cannot take
credit for existing
VMT).

Presumed to cause a less-than-significant impact:
 Project replaces an existing VMT-generating land use and does not result in a net overall increase in VMT
Unless:
 The project replaces an existing VMT-generating land use and results in a net overall increase in VMT
6 2018 OPR Guidance, Page 18

EXHIBIT A
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Step 3: Determine Significance Threshold and Methodology The purpose of this step is to determine the threshold of significance for application to a land use project if it is not screened out in Step 3, or if further analysis is necessary to determine VMT impacts.

Significance thresholds are based on land use type, broadly categorized as efficiency and net change metrics. Efficiency metrics include VMT/Capita and Work VMT/employee7 . As described in Exhibit 3,
“Net Change” refers to the net change in regional VMT. “Net Change” is used for elements that include a significant customer base, such as commercial uses, although it can extend to a variety of uses that have similar characteristics.

Exhibit 3 - Significance Threshold and Methodology
Example Details
Threshold Basis
Efficiency Net Change
Example Land Use Residential, Professional Office,
Industrial
Retail, Medical Office, Sports
Venue
Example VMT Thresholds Per capita, per employee Region VMT change Customer Component No Yes
Allowable Methods
Non-Significant Screening Criteria,
The City of Gonzales VMT Analysis
Tool, Travel Demand Model
Non-Significant Screening
Criteria, Travel Demand Model
For projects with a significant customer base (retail, medical offices, sports venue, etc.) it is typically appropriate to separate employee trip characteristics from the customer base unless the customer base is minimal in nature. Under these circumstances, it is most appropriate to evaluate the total of the delta in regional VMT resultant from the customer base plus the delta of VMT resultant from employees based on the following formula:
(number of employees) x (estimated VMT/employee – threshold VMT/employee) The threshold of significance will accordingly correspond to the “Net Change” threshold as described in Exhibit 3. Under these circumstances, it is most appropriate to evaluate this total Net Change as the basis for evaluating the outcome of mitigations in terms of determining transportation significance although each element of the project should be tallied separately for the purposes of clarity. 7 Work VMT specifically applies to commute trips as represented by the attractions in the Travel Demand Model. Refer to Appendix A for additional information

EXHIBIT A
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VMT Thresholds of Significance
OPR suggests a 15 percent VMT reduction relative to existing local or regional average VMT levels. The thresholds of significance recommended by OPR, as they relate to the City of Gonzales, are summarized in Exhibit 4.

Exhibit 4 - OPR suggested VMT Thresholds of Significance Land Use OPR Guidance8
Residential 15% below existing city-wide average VMT per capita Office 15% below existing county-wide average VMT per employee Retail Net increase in regional VMT
Based on these criteria the VMT thresholds of significance shown in Exhibit 5 have been established.

Exhibit 5 - VMT Thresholds of Significance
Land Use VMT Threshold Basis
Residential 14.4 VMT/capita9 15% below existing city-wide average VMT per capita.

Office 6.6 Work VMT/Employee10 15% below existing county-wide average Work VMT per employee
Retail Net regional change Using the county geographical area as the basis Other
Employment Work VMT/Employee11 15% below existing county-wide average Work VMT per employee for similar land uses Other
Customer Net regional change Using the county or another geography deemed appropriate by the City of Gonzales as the basis Note that the inclusion of “Other Employment” and “Other Customer” refers to all other service and goods providers that are not included in the office/retail categories. As shown they follow a similar approach to the office/retail categories with the principal difference being that the average/basis for of the threshold would the aggregation of the specific “other” land use across the county (i.e. an industrial project would use industrial uses, etc.).

Based on improvements to methods and data as well as other modeling modifications there will be periodic updates to the numerical threshold values shown, however the relative approach for calculating them should remain the same. The values in the current VMT Analysis Tool, discussed below, 8 2018 OPR Guidance, Pages 15-16 9 Residential VMT specifically applies to all Home-Based trips residential trips as represented in the Travel Demand Model. Refer to Appendix A for additional information. 10 Work VMT specifically applies to commute trips as represented in the Travel Demand Model. Refer to Appendix A for additional information 11 Work VMT specifically applies to commute trips as represented in the Travel Demand Model. Refer to Appendix A for additional information

EXHIBIT A
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will supersede the information provided in the table above. Additional thresholds for various employment types are also provide in the VMT Analysis Tool.

VMT Analysis Tool
The City of Gonzales has developed a VMT Analysis Tool for use in SB 743 land use project analysis. The purpose of the tool is to calculate VMT for a land use project. As with any VMT Analysis Tool, there are distinct limitations in terms of its application including limits on the type and size of development that can be applied to. Note that it is anticipated that the tool will continue to evolve in response to data or methodological changes and as such it is important that the most current version of the tool be utilized.

Broadly, the VMT Analysis Tool provides the following information:
 Institute of Transportation Engineers (ITE) Trip Generation  VMT Threshold Analysis
 Greenhouse Gas (GHG) Estimation
 Transportation Demand Management (TDM) Evaluation
The VMT Analysis methodology is summarized in Appendix A.

Step 4: Develop Scope Agreement and Complete VMT Analysis Prior to undertaking VMT analysis, a scope compliant with the City of Gonzales’s requirements must be prepared by the project applicant and submitted to the City for approval. Given the potential complexities of some uses, particularly those not identified as residential, retail, or office, an agreement regarding the threshold and methodology is important to avoid analysis that is not compliant with the City of Gonzales’s requirements.

Step 5: Identify Mitigation Measures
During this step, the analysis agreed to under Step 5 should be complete and approved by the City of Gonzales. Relevant documentation providing enough detail that assumptions are clearly understandable, and methods that can be replicated should be provided along with the results of the VMT analysis for the proposed project.

If a significant transportation impact is identified, feasible mitigation measures to avoid or reduce the impact must be identified. CEQA requires that mitigation measures are included in the project’s environmental assessment. OPR provides a list of potential measures to reduce VMT but gives the lead agency (the City of Gonzales in this case) full discretion in the selection of mitigation measures.

The type and size of the project will determine the most appropriate mitigation strategies for VMT impacts. For large projects such as general plans or specific plans, VMT mitigations should concentrate on the project’s density and land use mix, site design, regional policies, and availability of transit, bicycle, and pedestrian facilities. For smaller projects such as an individual development project, VMT mitigations will typically require the preparation of a transportation demand management (TDM) program. A TDM program is a combination of strategies to reduce VMT. The program is created by an applicant for their land use project based on a list of strategies agreed to with the City of Gonzales.

The City of Gonzales has developed a list of potential TDM strategies appropriate for their jurisdiction and what magnitude of VMT reduction could be achieved. The selection process was guided by the California Air Pollution Control Officers Association (CAPCOA) recommendations found in the 2010

EXHIBIT A
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publication Quantifying Greenhouse Gas Mitigation Measures. The area context of the City of Gonzales also influenced the type of TDM strategies that were selected. CAPCOA has found strategies with the largest VMT reduction in rural areas include vanpools, telecommute or alternative work schedules, and master planned communities with design and land-use diversity to encourage intra-community travel.

Based on empirical evidence, CAPCOA found the cross-category maximum for all transportation-related mitigation measures is 15% for suburban settings.

Appendix B summarizes available TDM strategies along with the maximum VMT reduction, applicable land use application, and complementary strategies. The City of Gonzales’s VMT Analysis Tool includes the TDMs summarized in Appendix B.

Step 6: Mitigation Monitoring
As required by CEQA, the City of Gonzales will require ongoing mitigation monitoring and reporting. The specifics of this will be developed on a project basis.

4.0 Transportation Projects
Depending on the specific nature of a transportation project; it can alter trip patterns, trip lengths, and even trip generation. Research has determined that capacity-enhancing projects can and often do increase VMT. This phenomenon is commonly referred to as “induced demand”. The result of these increases in VMT can often both be measured in congestion increases and negative impacts to air quality including GHG emissions. While methods are generally less developed for the analysis of induced demand compared to other areas of transportation analysis, there is still the need to quantify and understand its impact to the transportation system considering the requirements of SB 743.

Similarly, to land use projects, the approach to transportation project analysis closely align with the 2018 OPR Guidance. In terms of analysis, the analyst should first determine whether the transportation project has been prescreened and determined to have a non-significant impact as described in the following section.

Screen for Non-Significant Transportation Impact
At the discretion of the City of Gonzales, the following improvements maybe presumed to result in a non-significant impact12:

1. Rehabilitation, maintenance, replacement, safety, and repair projects designed to improve the condition of existing transportation assets (e.g., highways; roadways; bridges; culverts;

2. Transportation Management System field elements such as cameras, message signs, detection, or signals; tunnels; transit systems; and assets that serve bicycle and pedestrian facilities) and that do not add additional motor vehicle capacity

3. Roadside safety devices or hardware installation such as median barriers and guardrails

4. Roadway shoulder enhancements to provide “breakdown space,” dedicated space for use only by transit vehicles, to provide bicycle access, or to otherwise improve safety, but which will not be used as automobile vehicle travel lanes
12 2018 OPR Guidance, Page 20

EXHIBIT A
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October 2022

5. Addition of an auxiliary lane of less than one mile in length designed to improve roadway safety

6. Installation, removal, or reconfiguration of traffic lanes that are not for through traffic, such as left, right, and U-turn pockets, two-way left turn lanes, or emergency breakdown lanes that are not utilized as through lanes

7. Addition of roadway capacity on local or collector streets, based on the City’s functional classification, provided the project also substantially improves conditions for pedestrians, cyclists, and, if applicable, transit

8. Conversion of existing general-purpose lanes (including ramps) to managed lanes or transit lanes, or changing lane management in a manner that would not substantially increase vehicle travel

9. Addition of a new lane that is permanently restricted to use only by transit vehicles

10. Reduction in number of through lanes

11. Grade separation to separate vehicles from rail, transit, pedestrians or bicycles, or to replace a lane in order to separate preferential vehicles (e.g., HOV, HOT, or trucks) from general vehicles

12. Installation, removal, or reconfiguration of traffic control devices, including Transit Signal Priority (TSP) features

13. Installation of traffic metering systems, detection systems, cameras, changeable message signs and other electronics designed to optimize vehicle, bicycle, or pedestrian flow

14. Timing of signals to optimize vehicle, bicycle, or pedestrian flow

15. Installation of roundabouts or traffic circles

16. Installation or reconfiguration of traffic calming devices

17. Adoption of or increase in tolls

18. Addition of tolled lanes, where tolls are sufficient to mitigate VMT increase

19. Initiation of new transit service

20. Conversion of streets from one-way to two-way operation with no net increase in number of traffic lanes

21. Removal or relocation of off-street or on-street parking spaces

22. Adoption or modification of on-street parking or loading restrictions (including meters, time limits, accessible spaces, and preferential/reserved parking permit programs)

23. Addition of traffic wayfinding signage

24. Rehabilitation and maintenance projects that do not add motor vehicle capacity

25. Addition of new or enhanced bike or pedestrian facilities on existing streets/highways or within existing public rights-of-way

EXHIBIT A
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Attachment: Resolution No. 2022-70 w/ Exhibits (2544 : Resolution No. 2022-70 Adopt Vehicle Miles Traveled (VMT) Policy) 12 SB 743 Implementation – City of Gonzales VMT Policy
October 2022

26. Addition of Class I bike paths, trails, multi-use paths, or other off-road facilities that serve nonmotorized travel

27. Installation of publicly available alternative fuel/charging infrastructure

28. Addition of passing lanes, truck climbing lanes, or truck brake-check lanes in rural areas that do not increase overall vehicle capacity along the corridor Significance Threshold and Methodology
For projects that increase roadway capacity and are not identified under the Non-Significant Screening Criteria in the prior section, the significance criterion should be change in regional VMT. A finding of a significant impact would be determined if a transportation project results in a net increase in regional VMT. As a practical matter, any roadway with more than a quarter mile in new roadway travel lane (through lanes) should be evaluated for induced demand. A competent transportation professional will be required to provide a basis for this evaluation that considers available data, roadway context, and tools. Depending on the location and nature of the roadway this may be best accomplished using a the AMBAG Travel Demand Model. CEQA requires mitigation monitoring. If a project is required to implement VMT mitigation measures, the City of Gonzales is required to monitor whether the project is implementing the mitigation measures. Mitigation monitoring will be determined and implemented on a case-by-case basis by the City of Gonzales staff

EXHIBIT A
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Attachment: Resolution No. 2022-70 w/ Exhibits (2544 : Resolution No. 2022-70 Adopt Vehicle Miles Traveled (VMT) Policy) 13 SB 743 Implementation – City of Gonzales VMT Policy
October 2022
Appendix A
VMT Analysis Methodology
Travel Demand Models (TDMs) are broadly considered to be amongst the most accurate of available tools to assess regional and sub-area VMT. The Association of Monterey Bay Area governments (AMBAG) maintains the regional travel demand model as a part of the Metropolitan Transportation Plan/Sustainable Communities Strategy program (MTP/SCS) that includes Monterey County and the City of Gonzales. The latest available version of the AMBAG TDM was developed in 2018.

The 2018 Base Year model scenario was used for the baseline conditions and 2040 Future Year model scenario was used for the cumulative conditions in the City. The incorporated cities included in the model are major contributors of the trips throughout Monterey County during a typical weekday.

As many of AMBAG Region’s daily trips originate from or are destined for areas outside of the County such as the Bay area and Santa Clara County (external trips), their total length could not be computed solely using the AMBAG TDM, additional analysis was required. The length of these trips was determined using two main processes, using Big Data and AMBAG TDM output files. Data was obtained from Teralytics that summarized the number of trips to and from the AMBAG Region to the surrounding Counties at the Census Tract level for the entire month of October 2019. The distance between each Census Tract was determined by using the TransCAD software, the modeling platform the AMBAG TDM runs on. The multipath analysis function within the TransCAD software was used to determine the point to point distance between the centroid of each Census Tract using the internal pathing algorithm that determines the shortest path along the roadway network between the centroid of each Census Tract pair. The shortest path between each AMBAG Region Census Tract and each non-AMBAG Region Census Tract that contained at least one trip was multiplied by the share of the total trips to and from each Census Tract within the AMBAG Region to determine the average trip length to and from Census Tracts.

The average trip length was applied to each TAZ based on the TAZ to Census Tract association and multiplied by the number of external trips to and from that TAZ to determine the total external VMT by TAZ.

Model Zone Structure
VMT was computed at Traffic Analysis Zone (TAZ) level to determine the thresholds as well as to allow for comparisons among different areas throughout the County.

Socio-Economic Data
Socioeconomic data (SED) and other model inputs are associated with each TAZ. Out of several different variables in the model SED, the VMT analysis mainly focused on population, the number of households, the number of students, and types of employment that are used in the trip generation component. VMT computation was focused on the number of households in each TAZ and employment variables by 6 industries to determine rest of the trips. Employment variables used in the model are listed below.

Employment by Industry type:

1. Agriculture

2. Construction

3. Industrial and Manufacturing

EXHIBIT A
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Attachment: Resolution No. 2022-70 w/ Exhibits (2544 : Resolution No. 2022-70 Adopt Vehicle Miles Traveled (VMT) Policy) 14 SB 743 Implementation – City of Gonzales VMT Policy
October 2022

4. Retail and Food

5. Service (White Collar, non-government jobs)

6. Public Administration (Government jobs)
Trip Generation
The AMBAG TDM runs a series of complex steps to estimate daily trip productions and attractions by various trip purposes for each TAZ. The trip purposes are listed below.

Model Trip Purpose:

1. Home-Based Work (HBW)

2. Home-Based Shopping (HBShop)

3. Home-Based School, K-12 (HBSchool)

4. Home-Based University (HBUniv)

5. Home-Based Other (HBOther)

6. Non-Home-Based Work (NHBW)

7. Non-Home-Based Other (NHBO)

8. Visitor Shop

9. Visitor Tourist
The production model uses several variables such as number of workers, household income, age, household size and car availability depending on the trip purpose. Trip productions for every TAZ in the model were compiled separately by each trip purpose. The attraction model uses employment categories for the HW trip purpose, whereas it uses the employment categories and number of students (K-12 and University) for all non-HW trip purposes. The attraction model estimates trip attractions to each TAZ by regression coefficients that vary by employment type. Trip attractions for every TAZ were compiled by each purpose and by each employment type based on these regression coefficients.

Person Trips, Vehicle Occupancy, Trip Distance
Trip productions and attractions were compiled after the mode choice step, and only auto trips were used for the analysis. After the vehicle trip productions and attractions were computed for each trip purpose, trip lengths were applied for each zone pair from the skim matrices in the model to compute the production and attraction VMT by purpose.

VMT by Land Use Type
The residential VMT was computed by combining the production VMT for all the Home-Based trip purposes. VMT for non-residential land uses was computed from the attraction VMT by appropriate trip purposes and regression coefficients used in the attraction model.

Residential and non-residential VMT by each TAZ were computed and average VMT were determined by City, County and Region levels to determine the City’s thresholds.

EXHIBIT A
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Attachment: Resolution No. 2022-70 w/ Exhibits (2544 : Resolution No. 2022-70 Adopt Vehicle Miles Traveled (VMT) Policy) 15 SB 743 Implementation – City of Gonzales VMT Policy
October 2022
Appendix B
City of Gonzales
TDM
Measure
#
Transportatio
n Demand
Management
Measure
Description TDM Type
Max
VMT
Reducti
on
VMT
Reduction
Type
Parking Strategies
1 Parking CashOut
Provide employees a choice of
forgoing current parking for a
cash payment to be determined
by the employer. The higher the
cash payment, the higher the
reduction.

Incentive 3% Commute
Transit Strategies
2 Reduce Transit
Headways
Makes transit service more
appealing by reducing headways,
reducing overall transit trip time,
and encouraging riders to switch
from auto to transit use.

Incentive /
Infrastructur
e
2%
All
3 Transit
Rerouting
Coordinate with local transit
agency to provide or reroute
existing transit services near the
site
Infrastructur
e 2%
All
4 Transit Stops
Coordinate with local transit
agency to provide bus stop near
the site. Real time transportation
information displays support onthe-go decision maSand to support sustainable trip maSand.

Only get a reduction on a nonHQT line, cannot get both.

Infrastructure 2% All
5 Safe and WellLit Access to
Transit
Enhance the route for people
walking or bicycling to nearby
transit (typically off-site). Provide
Emergency 911 phones along
these routes to enhance safety.

Infrastructure 1% All
6 Implement
Neighborhood
Shuttle
Implement project-operated or
project-sponsored neighborhood
shuttle serving residents,
employees, and visitors of the
project site
Incentive 2% All
7 Transit
Subsidies
Involves the subsidization of
transit fare for residents and
employees of the project site.

This strategy assumes transit
service is already present in the
project area.

Incentive 2% All

EXHIBIT A
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Attachment: Resolution No. 2022-70 w/ Exhibits (2544 : Resolution No. 2022-70 Adopt Vehicle Miles Traveled (VMT) Policy) 16 SB 743 Implementation – City of Gonzales VMT Policy
October 2022
City of Gonzales
TDM
Measure
#
Transportatio
n Demand
Management
Measure
Description TDM Type
Max
VMT
Reducti
on
VMT
Reduction
Type
Communication & Information Strategies
8 Voluntary
Travel
Behavior
Change
Program
Involves the development of a
travel behavior change program
that targets individuals’ attitudes,
goals, and travel behaviors,
educating participants on the
impacts of their travel choices
and the opportunities to alter
their habits. Provide a web site
that allows employees to
research other modes of
transportation for commuting.

Employee-focused travel
behavior change program that
targets individuals attitudes,
goals, and travel behaviors,
educating participants on the
impacts of their travel choices
and the opportunities to alter
their habits.

Incentive
4%
All
9 Promotions &
Marketing
Involves the use of marketing
and promotional tools to educate
and inform travelers about sitespecific transportation options and the effects of their travel
choices with passive educational
and promotional materials.

Marketing and public information
campaign to promote awareness
of TDM program with an on-site
coordinator to monitor program.

Incentive All
10 On-site TDM
Program
Manager and
TDM
Marketing
Materials
Marketing and public information
campaign to promote awareness
of TDM program with an on-site
coordinator to monitor program.

Infrastructure All
11 Required
Commute Trip
Reduction
Program
Employee-focused travel
behavior change program that
targets individuals attitudes,
goals, and travel behaviors,
educating participants on the
impacts of their travel choices
and the opportunities to alter
their habits.

Incentive Commute

EXHIBIT A
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Attachment: Resolution No. 2022-70 w/ Exhibits (2544 : Resolution No. 2022-70 Adopt Vehicle Miles Traveled (VMT) Policy) 17 SB 743 Implementation – City of Gonzales VMT Policy
October 2022
City of Gonzales
TDM
Measure
#
Transportatio
n Demand
Management
Measure
Description TDM Type
Max
VMT
Reducti
on
VMT
Reduction
Type
Commuting Strategies
12 Employer
Sponsored
Vanpool or
Shuttle
Implementation of employersponsored employee vanpool or shuttle providing new
opportunities for access to
connect employees to the project
site.

Incentive /
Infrastructure 4%
Commute
13 Preferential
Carpool /
Vanpool Per
City of
Gonzales
Spaces
Reserved carpool / vanpool
spaces closer to the building
entrance.

Infrastructure 1% All
14 Passenger
Loading Zones
for Carpool /
Vanpool
Provide easy access for carpools
or vanpools. Infrastructure 1% All
15 Emergency
Ride Home
(ERH)
Program
Provides an occasional
subsidized ride to commuters
who use alternative modes.

Guaranteed ride home for people
if they need to go home in the
middle of the day due to an
emergency or stay late and need
a ride at a time when transit
service is not available. This
supplemental to the other trip
reduction strategies.

Incentive 2% Commute
16 Alternative
Work
Schedule
Flextime, Compressed Work
Week (CWW), and staggered
shifts
Incentive
20%
All
17 Telework
(Telecommutin
g, DistanceLearning, etc.)
Use of telecommunications as a
substitute for physical travel. Incentive All
18 On-site
Childcare
Provides on-site childcare to
remove the need to drive a child
to daycare at a separate location.

Infrastructure 2% All

EXHIBIT A
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Attachment: Resolution No. 2022-70 w/ Exhibits (2544 : Resolution No. 2022-70 Adopt Vehicle Miles Traveled (VMT) Policy) 18 SB 743 Implementation – City of Gonzales VMT Policy
October 2022
City of Gonzales
TDM
Measure
#
Transportatio
n Demand
Management
Measure
Description TDM Type
Max
VMT
Reducti
on
VMT
Reduction
Type
Shared Mobility Strategies
19 Ride-Share
Program
Increases vehicle occupancy by
providing ride-share matching
services, designating preferred
per City of Gonzales for rideshare participants, designing adequate passenger
loading/unloading and waiting
areas for ride-share vehicles, and
providing a website or message
board to connect riders and
coordinate rides. Need a point
person form the business on-site
Incentive 5% Commute
20 Scooters
Share
Program
Implement scooter share to allow
people to have on-demand
access to a scooter, as-needed.

Incentive /
Infrastructure 1% All
Bicycle Infrastructure Strategies
21 Implement/Imp
rove On-street
Bicycle Facility
Implements or provides funding
for improvements to corridors
and crossings for bike networks
identified within a one-half mile
buffer area of the project
boundary, to support safe and
comfortable bicycle travel.

Infrastructure 1% 3%
22 Include Bike
Per City of
Gonzales in
excess of City
Code
Implements long-term bicycle
parSand to support safe and
comfortable bicycle travel by
providing parSand facilities at
destinations
Infrastructure
23 1.5%
Include
Secure Bike
Per City of
Gonzales and
Showers in
excess of City
Code
Implements additional end-of-trip
bicycle facilities to support safe
and comfortable bicycle travel.

Infrastructure
All
24 Bicycle Repair
Station /
Services
On-site bicycle repair tools and
space to use them supports ongoing use of bicycles for transportation.

Infrastructure
Neighborhood Enhancement Strategies
25 Traffic
Calming
Improvements
Implements traffic calming
measures throughout and around
the perimeter of the project site
Infrastructure 3% All

EXHIBIT A
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Attachment: Resolution No. 2022-70 w/ Exhibits (2544 : Resolution No. 2022-70 Adopt Vehicle Miles Traveled (VMT) Policy) 19 SB 743 Implementation – City of Gonzales VMT Policy
October 2022
City of Gonzales
TDM
Measure
#
Transportatio
n Demand
Management
Measure
Description TDM Type
Max
VMT
Reducti
on
VMT
Reduction
Type
that encourage people to walk,
bike, or take transit within the
development and to the
development from other
locations.
26 Pedestrian
Network
Improvements
Implements pedestrian network
improvements throughout and
around the project site that
encourages people to walk.

Infrastructure 2% All
Miscellaneous Strategies
27 Virtual Care
Strategies for
Hospitals
Resources to allow patients to
access healthcare services or
communicate with healthcare
staff through online or off-site
programs.

Infrastructure 6% Hospital
Visitors
28 On-site
Affordable
Housing
Provides on-site affordable
housing close to TOD or work
place/business
Land Use 30% All

EXHIBIT A
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Attachment: Resolution No. 2022-70 w/ Exhibits (2544 : Resolution No. 2022-70 Adopt Vehicle Miles Traveled (VMT) Policy)

VMT CALCULATOR
Version 1.1 Build Date 5_4_21
VMT/Capita 0.0 0.0 0.0
Daily Trips 00 0

PRESUMPTIONS OF LESS THAN

SIGNIFICANT IMPACT
Affordable HousingWithin a 1/2 mile of Major Transit StopLocal Retail (<50,000 Sq Ft)Less than 110 Trips per Day Trip Gen less than 110, consider checking the above box

TRANSPORTATION DEMAND MANAGEMENT (TDM) STRATEGIES
VMT Land Use Type
Dwelling Unit(s)
#VALUE!
LAND USE INFORMATION #VALUE!
Residential210 | Single-Family Detached Housing00%
This tool is only intended for projects of 2,000 trips or less.

PROJ. WITH

PROJECT REDUCTIONS MITIGATION
Analysis Year
Mixed-Use Adjustment
Enter valid address or TAZ#
ITE Trip Gen Land Use
Threshold (15% below Average)
Significant Impact?
Average (VMT/Capita) #VALUE!

ANALYSIS YEAR
2015
Project Name

VMT OUTPUT
Address
TAZ
Project Context/Setting

PROJECT INFORMATION
Low Density Suburb

SEARCH LOCATION RESET
0 0.10.20.30.40.50.60.70.80.9
1 VMT/Capita
Project Project with Mitigation Threshold

PARKING STRATEGIES

TRANSIT STRATEGIES

COMMUNICATIONS& INFORMATION STRATEGIES

COMMUTING STRATEGIES

SHARED MOBILITY STRATEGIES

BICYCLE INFRASTRUCTURE STRATEGIES

NEIGHBORHOOD ENHANCEMENT STRATEGIES

MISCELLANEOUS STRATEGIES

EXHIBIT B
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Attachment: Resolution No. 2022-70 w/ Exhibits (2544 : Resolution No. 2022-70 Adopt Vehicle Miles Packet Pg. 59
Attachment: Proof of Publication (2544 : Resolution No. 2022-70 Adopt Vehicle Miles Traveled (VMT) Policy) City of Gonzales

CITY MANAGER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: October 3, 2022
FROM: Patrick Dobbins, Acting City Manager
SUBJECT: Resolution No. 2022-64 Awarding a Consulting Services Agreement with EMC Planning Group for Preparation of CEQA Documents for the Gloria Road Cooler Project

RECOMMENDATION
It is recommended1that the City Council:
• Receive the staff report; and
• Adopt Resolution No. 2022-64, A Resolution of the City Council of the City of Gonzales Authorizing Execution of a Consulting Services Agreement Between the City of Gonzales and EMC Planning Group for Preparation of CEQA Documents for the Gloria Rd. Cooler Project.

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

About February and March, the Rianda Family Limited Partnership (“Rianda”) approached the City about the possibility of annexing a portion of their Gloria Road property that is within the City Sphere of Influence (“SOI”) for the development of an agricultural cooler facility and asked that the City process a 1 Administration of the solicitation and preparation of the proposed contract is being handled by Acting City Manager Patrick Dobbins and legal counsel. Community Development Director Taven M. Kinson Brown has a remote interest in this contract with EMC due to the fact that his spouse is an EMC employee. See Government Code Section 1090 et seq. Mr. Brown has disqualified himself from participation in the making of this specific contract
AGENDA
ITEM
9 Packet Pg. 60
discretionary permit application for the facility once the land areas are within the City limits upon a successful annexation.

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

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

In June of this year, Rianda requested the City explore traffic impacts first before committing additional financial resources to the full California Environmental Quality Act (“CEQA”) environmental review.

The City accommodated this request and prepared a consulting services agreement and scope of work with EMC to only include a Phase 1 Scope of Work to evaluate traffic impacts. The Phase 1 Scope of Work to evaluate traffic impacts has now been completed and potential traffic impacts are understood by the Parties. Rianda has now requested that the City proceed with the balance of the full CEQA environmental review.

The City prepared a new Request for Proposals (“RFP") and sent the same to the following four consultants on September 14, 2022: Denise Duffy and Associates, EMC, Harris & Associates, and HE Associates. (See Rianda Cooler RFP, Attachment 1.) Each of these firms is on the City’s established oncall planning consultant list. Two of the consultants did not provide a response, one (Harris & Associates) responded that they were unable to take on the work due to “current workload and staffing levels,” and EMC provided a Proposal on September 27, 2022, at an estimated cost of $275,510.

A new Consulting Services Agreement between the City and EMC must be developed and signed by all parties prior to work commencing on the balance of the full CEQA environmental review. While the monetary amount of the contract will reflect the full costs and state-required tasks and processes associated with the construction of a defensible Environmental Impact Report (EIR), savings may be achieved if the City determines after an evaluation of environmental impacts that a Mitigated Negative Declaration as opposed to an EIR will suffice. All work will be prepared in accordance with the requirements of CEQA. It is Rianda’s and the City’s intention to complete the CEQA review and deliver the project through all City and LAFCo processes.

The proposed Gloria Road Cooler
As a refresher to the proposed project, the project area lies across the southeastern city limit line along Gloria Road on a 107-acre property owned by the Rianda Family Limited Partnership. Twenty-three (23) acres within the City limits are zoned Highway Commercial and are not proposed for development at this time, but on the balance of the 84 acres owned, Rianda is exploring construction of a 240,888-310,863 square foot cooler facility with 907,744-1,047,744 square feet of impervious surfaces to accommodate parking and pavement areas for employees and agricultural vehicles and outdoor storage.

The facility will consist of approximately 188,750 square feet of raw product cold storage, processing lines where the produce will be cleaned, sized, packaged, and shipped, as well as approximately 47,700 square feet of office administration space and miscellaneous mechanical and storage rooms and shop areas. (See Attachment 1 for further details.)
Processes ahead for the Cooler
Also part of the Gloria Road Cooler proposal and project description will be requests to change the General Plan Land Use Map and Zoning Map District designations to enable a single-use industrial development proposal on lands the City and General Plan had anticipated for future residential neighborhoods. The review processes ahead include completing all environmental documentation that Packet Pg. 61
will include an evaluation of the code changes / legislative actions necessary, Planning Commission review, City Council review, and LAFCo review to incorporate the project land area into the City of Gonzales. Following those activities will be the applicant’s efforts to meet conditions of approval and satisfy mitigation measures and present construction plans to the Building Division.

Explain: Preparation of CEQA documentation is needed to fully disclose potential environmental effects of the project to the community and infrastructure, and should the project be approved, supports our vision to provide new job opportunities.

Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ____ No____ N/A
Explain: Preparation of the CEQA documentation needed to entitle an agricultural cooler and processing facility will lead to the enhancement of the community’s quality of life by ultimately providing new job opportunities.

City services will be delivered in a cost-effective, respectful, and friendly manner to ensure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. X_Yes ____No ____ N/A Explain: Planning review under CEQA allows full disclosure of potential environmental impacts and informs the public and decision makers prior to taking action on new developments.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing Yes No X N/A
• Recreation Yes No X N/A
• Environment X Yes No N/A
• Education Yes No X N/A
Explain: The costs of reviewing and analyzing new development proposals is born by the private parties in interest. Contractual Planning services, paid through reimbursement agreements with project proponents, protects the general fund and strives to be fiscally neutral.

ALTERNATIVES
Amend or modify staff recommendation.

BUDGET IMPACT
This anticipated $275,510 contract will be funded by the Rianda Family Limited Partnership and will have no impact to the general fund or other accounts.

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CONCLUSION
It is recommended that the City Council:
• Receive the staff report; and
• Adopt Resolution No. 2022-64, A Resolution of the City Council of the City of Gonzales Authorizing Execution of a Consulting Services Agreement Between the City of Gonzales and EMC Planning Group for Preparation of CEQA Documents for the Gloria Rd. Cooler Project.

Attachments:

1. Rianda Cooler RFP

2. Resol No. 2022-64 with Exhibits
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ATTACHMENT 1
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Attachment: Rianda Cooler RFP (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) Gonzales will continue to be a safe, clean, family-friendly community, diverse in heritage, and committed to working collaboratively to preserve and retain its small-town charm

INTRODUCTION
The City of Gonzales is located 17 miles south of Salinas and is in the heart of the 90-mile long Salinas Valley.

Gonzales is referred to as the Wine Capital of Monterey County and the 2020 Federal Census lists a population of 8,600. The city prides itself on its youth engagement efforts and being a net-importer of jobs due to the city’s Industrial Business Park attracting a variety of ag-related businesses including Taylor Farms and Del Monte processing facilities.

Earlier this year, representative for the Rianda Cooler Development Project began coordinating with city staff on the process and approvals needed for a proposed 313,800 SF agricultural processing and cold storage facility on property abutting the north side of Gloria Road, just east of US 101. The facility may employ up to 3 shifts of 300+ persons each. The proposed facility will consist of 210,000 SF of raw product cold storage and processing lines where produce will be cleaned, sized, packaged and shipped, as well as an additional 38,000 SF of office administration space, mechanical rooms, storage rooms and shop areas.

The site is a 107 acre parcel that includes a city/county jurisdictional boundary through the property. So, a LAFCO annexation application will be submitted once the CEQA process is complete. Additional components of the Project Description include a proposal to amend the City of Gonzales General Plan Map and Zoning Map designations to Industrial. The City of Gonzales 2010 General Plan anticipated residential and mixed uses on these lands presently under row crop production.

Several months ago, a draft Traffic Analysis was prepared for the project, so that study is not included in the list of technical studies requested under this RFP.

SERVICES
This RFP is to obtain compliance with the California Environmental Quality Act (Public Resources Code, Section 21000 et. seq.), and State CEQA guidelines (CCR Sections 15000 et. seq.) for the proposed Rianda Cooler Development Project.

The selected consultant will be responsible for preparing and filing either form of documentation, as appropriate to the needs of the project. If previously unforeseen issue arise and may necessitate the need to prepare an EIR, Consultant will immediately contact the City to discuss any needed changes to scope of work, budget, and/or schedule.

Task 1. Project Initiation
This task includes a kick-off meeting with City staff to discuss the project background and description, specific issues, anticipated technical reports, and initial CEQA schedule. City will provide copies of relevant documentation, including any past biological and geologic studies, preliminary project site plan. Consultant will prepare the CEQA project description and schedule and submit to City staff for review.

Deliverable: Initial Schedule
Meeting: Attendance at one kick-off meeting.

Task 2. Administrative Draft Initial Study/Mitigated Negative Declaration (IS/MND) and Categorical Exemption (CE), as appropriate.

2.1 The Consultant will prepare an Initial Study checklist based on the environmental checklist Packet Pg. 65
Attachment: Rianda Cooler RFP (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project)

Page 2 of 6 ends

included in State CEQA Guidelines. Consultant will summarize adopted/completed reports and studies where relevant to the project’s environmental analysis, and will determine which resource areas require additional studies, surveys and/or technical reports. Consultant will consult City staff to confirm appropriate policies, plans and regulatory thresholds used in the analysis.

Deliverable: A Draft Initial Study checklist indicating any new studies, surveys and/or technical reports required for each resource area.

Meeting: Participation in a conference call to discuss review findings.

2.2 The consultant shall assess environmental issues and concerns for the project. Consultant is responsible for preparation of appropriate field investigations, maps, surveys and technical reports, to be determined in consultation with City staff during task 2.1. Assessment will include description in detail of the following project elements in accordance with CEQA guidelines and requirements:
a. Aesthetics
b. Site Biological, Cultural, and Historic Resources
c. Air Quality
d. Geology/Soils
e. Greenhouse Gas Emissions
f. Hazards/Hazardous Materials
g. Hydrology/Water Quality
h. Land Use/Planning
i. Mineral Resources
j. Noise/Vibration
k. Public Services
l. Tribal Cultural Resources
m. Utilities/Services Systems
Additionally, the IS shall describe in detail the City’s methods and mitigations for the project including:
a. Categorization and classification of habitat type
b. Methods for determination, management and protection of sensitive species and assets c. Identification of geologic issues, erosion control methods, and relatedmitigations d. Description of management of biological and non-biological waste e.Description of methodology for protection of water courses f. Include copies of field surveys as appendix
g. Document consultation with Native American Heritage Commission (NAHC) and tribes h. Identify any wetlands on or near the project site.

Deliverable: Includes a natural resources map and associated polygons, Chart of any special status species with the potential to occur on the property.

2.3 The consultant will prepare an Administrative Draft IS/MND as appropriate to the project element and submit to City for review and approval. Each CEQA topic in CEQA Guidelines shall be evaluated at the appropriate level of detail. To include two (2) rounds of City review and revisions. Consultant will join a conference call with City staff to discuss admin Draft IS and the recommended CEQA documentation.

Should additional documentation be required beyond an MND, the consultant shall immediately brief the City. Additional expenses under these circumstances shall benegotiable.

Deliverable: Three (3) hard copies and one (1) electronic copy of the Administrative Draft IS/MND, and one Packet Pg. 66
Attachment: Rianda Cooler RFP (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project)

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(1) electronic copy of the Screen check Draft IS/MND.

Meeting: Participation in a conference call to discuss review findings.

Task 3. Draft IS/MND and Notice of Intent (NOI)
Upon receipt of the City’s comments on the Screen check IS/MND, the Consultant will address the City’s revisions and comments and will prepare the proposed Draft MND for public release. Consultant will develop the mailing list for document distribution. Consultant will distribute copies of the document to the State Clearinghouse and other responsible public agencies per the State CEQA Guidelines (up to 15 total hard copies). The Consultant will assist the city and will prepare and file all required notices for the MND and provide the City with a list of all mailings for the record. The city will be responsible for any filing fees.

Deliverable: Up to 17 hard copies of the IS/MND (15 delivered to the State Clearinghouse and 2 to city).

Notice of Completion (NOC) to the State Clearinghouse. Prepare Notice of Intent to Adopt a Mitigated Negative Declaration (NOI) and file with County and City Clerk.

Task 4. Response to Comments and Final IS/MND
The Consultant will respond to public comments received on the IS/MND and prepare a Response to Comments document for the Final CEQA document. Consultant will provide responses to public comments in the form of a memorandum to the City for review and approval.

Deliverable: One (1) memorandum will be emailed containing proposed responses to public comments.

Task 5. Mitigation Monitoring and Reporting Program.

The Consultant will prepare a draft and final MMRP for inclusion in the Final CEQA document, pursuant to Section 1081.6 of the Public Resources Code. Consultant will submit to City for review and approval.

Deliverable: one (1) electronic copy of the MMRP.

Task 6. Findings and Filings
The Consultant will prepare all necessary CEQA findings for inclusion in the adoption of the CEQA document. Consultant will submit to City for review and approval. The Consultant shall include all required filing fees as part of their proposal and process the Notice of Determination or final permits to receipt of the client.

Deliverable: one (1) electronic copy in Word of CEQA findings, process of final documents.

Task 7. Project Management and Meetings with City
The Consultant will participate in phone calls and email communication as needed and up to 3 in person meetings. Presently, the city meets with the client bi-weekly for one hour via video conference for project and processing coordination. The city may add meetings with an amendment to the scope and budget.

Task 8. Public Hearings
The consultant will also attend required Planning Commission and City Council meetings to answer any Packet Pg. 67
Attachment: Rianda Cooler RFP (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project)

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questions that may arise about the CEQA analysis. Assume two (2) meetings.

Optional Task “A.” Additional or higher levels of environmental documentation, up to or including an Environmental Impact Report (EIR).

While not anticipated, the potential exists for the city to determine that an EIR be required. An appeal of the CEQA findings may also generate additional work effort. Should this occur, the consultant would be asked by the city to complete additional tasks. The respondent should prepare an additional schedule of optional expenses to address these contingencies in their response to this RFP.

PROPOSAL CONTENT AND REQUIREMENTS
Your Proposal should include the following:

Cover Letter - Provide the following information:

1. Firm name, office location(s), telephone numbers, and e-mail addresses of the main contact(s).

2. Staff person we can contact regarding the SOQ

3. Number of years the firm has performed planning and CEQA services

4. Type of organization: individual, partnership, corporation, other (please specify).

5. Indicate if your firm has any conflicts of interest related to your current contracts.

Technical Approach

1. Provide a detailed summary of the services to be performed.

2. State why your firm is qualified to provide the requested services.

3. Describe how your firm will deliver your services
Qualifications and Management

1. Present your expected project team for the services the firm anticipates providing including an organization chart.

2. Describe how the project team will be managed

3. Describe the firm’s quality assurance efforts.

Relevant Experience

1. Present your firm’s relevant experience similar in scope to those identified in this RFP with public agencies.

Include the magnitude of the contract scope and cost, the name of the agency these services were provided for, and contact information (address, phone, and email address) for the public agency’s project manager.

The proposal shall include relevant experience with at least five (2) different public agencies where these services were provided.

2. List of personnel along with their expertise, professional background, office location and role they will play for the various types of services described in this RFP.

3. Provide specific examples of how the firm has successfully delivered similar projects to other public agencies. This includes:
a. How does your firm adhere to agreed upon schedules?
b. How does your firm make efficient use of its personnel and resources? c. What techniques does your firm use to deliver quality services? The SOQ shall be limited to 25 pages excluding cover letter and resumes.

CONTACT FOR QUESTIONS
Packet Pg. 68
Attachment: Rianda Cooler RFP (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project)

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Questions regarding this RFP shall be directed to:

Patrick Dobbins, Public Works Director/City Engineer
City of Gonzales
PO Box 647
147 Fourth Street
Gonzales, CA 93926
Phone: 831-675-5000
Email: [email protected]

SCHEDULE
The RFQ schedule is:

Milestone Date
Issue Request for Qualifications 9/14/2022
Statement of Qualifications Submittal Deadline 9/27/2022 at 1:30PM City Staff reviews SOQ’s 9/27/2022 thru 9/28/2022
City Council Approval of On-Call Consultant List 10/03/2022 Provide two separate sealed envelopes (SOQ and Consultant Rate Schedule) inside one larger sealed envelope clearly labeled, “PROPOSAL TO PROVIDE CEQA DOCUMENTATION FOR RIANDA COOLER DEVELOPMENT PROJECT.”

CONTRACT
The City’s standard consultant agreement is attached. Provide a statement of your ability to execute the city’s consultant agreement and include any desired revisions to the city agreement in the separate envelope transmitting the Consultant Rate Schedule.

SELECTION PROCESS
City staff prefers firms with:

1. More than five years of providing the specified services

2. Knowledgeable staff with strong interpersonal skills

3. Depth of experienced staff

4. Local office in the Monterey Bay Region (Monterey, Santa Cruz and San Benito counties)

5. Timely invoicing in compliance with the executed agreement Proposals submitted by the deadline will be evaluated based upon qualifications, experience, ability to perform and understanding of the city.

SUBMITTAL OF SOQs
Submit your proposal and fee estimate via email to [email protected] by September 27, 2022 at 1:30PM, followed quickly by three hard copies addressed to:

Patrick Dobbins, Public Works Director/City Engineer
Packet Pg. 69
Attachment: Rianda Cooler RFP (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project)

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City of Gonzales
PO Box 647
147 Fourth Street
Gonzales, CA 93926
Attachments

1. City’s Standard Consulting Agreement

2. Submitted Development Application

3. Rianda Cooler Project – Description (dated June 2022)

4. 22001_Project Description_Amendment_220906

5. 9-6-22 Gonzales Cooler Development - Pre-Zoning - GPA

6. 22001 Gonzales Cooler Development: Traffic Information Packet Pg. 70
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF GONZALES AND [NAME OF CONSULTANT]
THIS AGREEMENT for consulting services is made by and between the City of Gonzales ("City") and ("Consultant") (together sometimes referred to as the "Parties") as of (the "Effective Date").

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

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

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

1.3 Assignment of Personnel. Consultant shall assign competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed , notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, Packet Pg. 71
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including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
 Serial identifications of invoices; i.e., Invoice No. 1 for the first invoice, etc.;  The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
 A copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and any reimbursable expense;
 The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
 Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.

2.2 Monthly Payment. City shall make payments, based on submitted invoices, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 <<Not Used>>

2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

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

2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed $ . Expenses not listed below are not chargeable to City.

Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

Mark-up for subconsultants and other outside direct costs shall not exceed 7.50%.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Section 3. FACILITIES AND EQUIPMENT. Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement.

Section 4. INSURANCE REQUIREMENTS. Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.

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

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

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

4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of Packet Pg. 73
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not less than $1,000,000 per accident. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.

4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an "occurrence" basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.
c. For any claims related to this Agreement or the work hereunder, the Consultant's insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance Packet Pg. 74
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or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of five years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.

4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy.

4.4 All Policies Requirements.

4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

Packet Pg. 75
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4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e., limit that is eroded by the cost of defense).

4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.

The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.

4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach:
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
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 Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, defend with counsel acceptable to City, indemnify, and hold City, its officers, employees, agents, and volunteers, harmless from and against any and all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, ("Claims"). Consultant will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly ("Liability"). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City.

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

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

Section 6. STATUS OF CONSULTANT.

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

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

Section 7. LEGAL REQUIREMENTS.

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

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

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Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.

Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.

8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
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8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement.

It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.

9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

Section 10 MISCELLANEOUS PROVISIONS.

10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

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10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Monterey or in the United States District Court for the Northern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant.

Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

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

10.10 Notices. Any written notice to Consultant shall be sent to:

Any written notice to City shall be sent to:

Mary Villegas, Administrative Specialist/Deputy City Clerk City of Gonzales
P.O. Box 647
Gonzales, CA 93926

10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, [[and]C[, and D]] [ENSURE THAT THE CORRECT EXHIBITS ARE LISTED] represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A Scope of Services
Exhibit B Payment Schedule

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.14 Non-Responsibility for General Contractor Responsibilities and Duties. Unless otherwise agreed by City and Consultant in writing, nothing in Consultant's services shall Packet Pg. 82
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be construed to mean that Consultant assumes any of the contractual responsibilities or duties of the general contractor. The general contractor is solely responsible for construction means, methods, sequences and procedures used in the construction of a project and for related performance in accordance with its contract with the City. The general contractor shall not be relieved of its responsibility for the safety of the workplace or for the method or manner of construction. The Consultant and its personnel have no authority to exercise any control over or charge of acts or omissions of the general contractor or their employees in connection with the construction work.

The Parties have executed this Agreement as of the Effective Date.

CITY OF GONZALES CONSULTANT

-----------------------, City Manager [NAME, TITLE]
Attest:

----------------------, City Clerk
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EXHIBIT A

SCOPE OF SERVICES
.

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EXHIBIT B

COMPENSATION SCHEDULE
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The Rianda Family Partnership

3.1.4 Site Grading/Storm Water
The site slopes from its easterly end down toward its boundary with Highway 101, and is roughly divided into two areas by a bench-like elevation change bifurcating the parcel. The lower bench slope an average of 0.3% toward the freeway, and the upper bench an average of 2.4%, also in a westerly direction. The existing bench will be incorporated into the grading strategy to facilitate lowered truck dock areas. Grading is expected to be less than 360,000 CY of cut and fill. Site grading will be balanced.

The project will comply with the Central Coast Post Construction Stormwater Requirements (PCRs). (See Figure 3.1.4.1,

3.1.4.2, 3.1.4.3 and 3.1.4.4). (See Appendix A. Preliminary Storm Water Control Plan).

3.1.5 Public Utility Availability
The Applicant has begun the application process with Pacific Gas & Electric (PG&E). PG&E has confirmed electricity is available in the vicinity for this development. The facility will not be using natural gas. In parallel, the Applicant will be pursuing a solar (photovoltaic) system to offset energy demand in compliance with City of Gonzales Implementing Action SUS-1.1.5 – Citywide Climate Action Plan.

3.2 Noise
Noise generated on the site will be primarily from activities occurring in and around the processing area of the facility and truck traffic entering the leaving the site. This processing area is located an average of 600 feet from the northern property line, approximately 300 feet from Gloria Road on the south, with large expanses of land between the facility and the eastern and western property lines. The proposed facility will produce noise levels similar to the City’s industrial business park. Noise levels are calculated to be less than 75 decibels at the property lines as is allowed for the City of Gonzales. Traffic noise levels will be consistent to the city’s industrial business park and will not be directed toward any residential areas.

3.3 Transportation
This development will serve to replace the applicant’s current Salinas, CA operation in its entirety. Uses/functions at the proposed facility are the same as the facility to be vacated. Current facility is located in Salinas’ ag-industrial corridor off of Abbott Street.

Because this development replaces an existing facility, both employee and non-employee traffic volumes are anticipated to be the same as occurred at the current facility.

With regard to non-employee traffic, locating the proposed facility in Gonzales places the applicant’s cooling and processing operations nearer to the agricultural fields that supply the raw product than the current Salinas location does (See Figure

3.3.1).

With regard to employee traffic, it is anticipated that once this development is completed, the company’s will see a shift in the location from which employees are drawn, with the majority of their employees coming, experience is that their workforce is primarily drawn locally. For example, company records show that the majority of their current workforce lives in Salinas in close proximity to the current operation. It is anticipated that once this development is completed, the company will see a shift in the location from which employees are drawn, with the majority of their employees being drawn from Gonzales and immediately surrounding communities, including but not limited to Chualar, Greenfield, Soledad and King City. This development represents an attractive opportunity for south-county based workers who want to lessen their commute times and avoid Salinas traffic (See figure 3.3.2).

The proposed facility has two distinct operating seasons, the peak season (April-November) and the off-season (DecemberMarch). Please note that the data provided is categorized with this this in mind.

AMENDMENT 1 09/06/22
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The Rianda Family Partnership
During the Peak Season, the facility will employ approximately 436 employees and will see approximately 218 non-employee truck visits every 24 hours. During the Off-Season, the facility will employ approximately 80 employees per 24 hours period and will see approximately 3 non-employee truck visits per week (See figures 3.3.3, 3.3.4 and 3.3.5). The facility also operates on a peak season and off-season shift schedule, so not all employees are on site at the same time (See figures 3.3.4 and

3.3.5).

Current employee census data collected by the applicant over the last year shows that 64% of its employees rideshare to and from work during peak season, and 48% rideshare during the off season (See Figure 3.3.6). This yields an average of 295 employee vehicles over a 24-hour period during peak season, and 54 employee vehicles over a 24-hour period during off season. The development will identify and stripe a quantity of 61 parking stalls nearest to employee entrances (except as required by accessibility requirements) as “CARPOOL ONLY.” 61 carpool stalls accommodate the largest per shift number of employee rideshare vehicles. (See figure 3.3.6)
The applicant proposes to use Gloria Road to the 101 overpass Gonzales Exit 310 to circulate trucks on and off the site. Gloria Road currently accommodates semi-truck traffic, so use of Gloria Road to access the facility is consistent with the current use and existing infrastructure.

During the Peak Season, the facility will employ have 436 employees and will see approximately 218 non-employee truck visits every 24 hours. During the Off-Season, the facility will employ approximately 80 employees per day and will see approximately 3 non-employee truck visits per week (See figures 3.3.3, 3.3.4 and 3.3.5).

AMENDMENT 1 09/06/22
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REQUEST FOR GENERAL PLAN AMENDMENT AND PRE-ZONING
09/06/22
The Rianda Family Partnership
Gonzales Cooler Development
The Rianda Family Partnership, Project Applicant, proposes the Gonzales Cooler Development agricultural support facility on 44.8 acres of its 107.15 acre property (APN 223-032-019) on the north side of Gloria Road, as shown on the attached site plan (Project Site).

The Project Applicant requests that the City of Gonzales amend its General Plan and Pre-Zone the 44.8 acre Project Site to allow for the Gonzales Cooler Development agricultural support facility as described in the Project Description on file with the City (Project).

General Plan Amendment
The Project Site is located within the City’s Sphere of Influence, contiguous to the existing City limits. The Project Site has a 2010 General Plan designation of Neighborhood Residential and Public/Quasi Public, with an Industrial/Manufacturing land use designation immediately south of the Project Site across Gloria Road. (See City General Plan Land Use Map, Pages 11-25 and 11- 31)
In 2014 the City and County entered into a Memorandum of Agreement (MOA) regarding future annexation of property east of the City, and LAFCO adopted an updated Sphere of Influence (SOI) including the Project Site, which Agreement recognized the importance of the Industrial/Manufacturing land use designation, and its associated jobs south of Gloria Road, but also recognized the City’s desire to create an urban growth boundary south of Gloria Road.

Consistent with the City’s desire to annex the 44.8 acre Project Site into the City, the City’s desire to create jobs, desire to remove the Industrial/Manufacturing land use designation south of Gloria Road, the close proximity of the existing Industrial/Manufacturing land use designation immediately south of Gloria Road, and the proximity of the Gloria Road/Highway 101 interchange, the Project Applicant requests that the City amend its General Plan to reflect an “Industrial/Manufacturing” land use designation on the 44.8 acre Project Site to allow the Gonzales Cooler Development agricultural support facility.

Pre-Zoning
The Project Site is located within the City’s Sphere of Influence adjacent to the City limits.

There is no current City zoning on the Project Site, as the Project Site it is not yet within the City limits. The area immediately west of the Project Site, located within the City, is zoned Highway Packet Pg. 115 Attachment: Rianda Cooler RFP (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) Commercial. The area to the south of the Project Site is zoned Industrial. (See City Zoning Map)
In order to annex the 44.8 acre Project Site into the City, the City must pre-zone the Project Site for its’ intended agricultural support facility use.

The Project Applicant has requested the City amend its General Plan to designate the Project Site “Industrial/Manufacturing” consistent with its proposed agricultural support facility use of the Project Site.

Pursuant to Title 12 section 12.56.040 Table 1: Agricultural services and general: uses such as food processing are permitted uses in the Industrial Zoning District Consistent with the City’s desire to annex the 44.8 acre Project Site into the City, the City’s desire create to jobs, desire to remove the Industrial land uses south of Gloria Road, the close proximity of the existing Highway Commercial and Industrial zoning designations, and the proximity of the Gloria Road/Highway 101 interchange, the Project Applicant requests that the City Pre-Zone the 44.8 acre Project Site to an “Industrial” land use zoning designation to allow its proposed agricultural support facility.

The Rianda Family Partnership
By ___________________________ Dated___________________ Michael Rianda
Attached:
“Industrial/Manufacturing” General Plan designation
“Industrial” Zoning Regulations
Site Plan
Michael Rianda
9/8/2022
Packet Pg. 116 Attachment: Rianda Cooler RFP (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) General Plan “Industrial/Manufacturing” Land Use Designation Industrial Standards: pg 11-36
For commercial and industrial uses, intensity is expressed in terms of Floor Area Ratio (FAR). FAR is the gross floor area of structures on a site divided by the site area. For instance, an FAR of 0.5 would allow a 5,000 square foot building on a10,000-square-foot parcel. The intensity standards define the maximum levels of development permitted. However, these maximums do not establish entitlement to a specific level of development without first conforming to all other City policies and development standards and are subject to discretionary approval.

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11. Industrial/Manufacturing
The primary purpose of this designation is to define those areas that are appropriate for heavy industrial and manufacturing uses, the location of which may create land use conflicts with residential uses and schools. The emphasis is on agricultural services, but other types of industry compatible with the policies in the General Plan are encouraged. The designation permits industrial parks, light manufacturing, warehousing, wineries, auto and farm equipment sales or repair establishments, feed stores, lumberyards, construction supply companies, and similar and compatible uses.

Compatible highway-serving uses like gas stations, restaurants, motels, and truck stops are permitted in this area. The maximum permitted Floor Area Ratio is 0.5.

The designation has been applied to 469 acres of land in Gonzales, including 325 acres of land west of Highway 101 and 144 acres of land east of Highway 101. This designation is also used in the urban reserve area.

Packet Pg. 117 Attachment: Rianda Cooler RFP (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) Title 12 “Industrial” Zoning District

12.88.010 INTENT:

The intent of the industrial (I) district is to provide areas for general industrial, manufacturing, wholesale, and service uses needed by the city and region subject to regulation necessary to protect other nearby uses from hazards, noise and other disturbances. (Ord. 2000-03, 8-7-2000)

12.88.020 PERMITTED USES UPON GRANT OF SITE PLAN PERMIT:

The uses listed under I in table 1, section 12.56.040* of this title, as permitted uses are allowed upon grant of a site plan permit. (Ord. 2001-13, 11-19-2001)

12.88.030 CONDITIONAL USES:

In addition to the uses authorized by section 12.88.020 of this chapter, the uses listed under I in table 1, section 12.56.040 of this title, are allowed if a conditional use permit is issued. (Ord. 2001-13, 11-19-2001)

12.88.040 DEVELOPMENT STANDARDS:

The development standards in the I district shall be as follows:

A. Minimum Lot Area: Ten thousand (10,000) square feet.

B. Floor Area Ratio: 0.5.

C. Maximum Lot Coverage: Ninety percent (90%).

D. Minimum Lot Width: Fifty feet (50’).

E. Maximum Height: Fifty feet (50’).

F. Minimum Setbacks:

Front 20 feet
Side 10 feet
Rear 10 feet
G. Parking: Parking requirements as specified in chapter 12.120 of this title.

Packet Pg. 118 Attachment: Rianda Cooler RFP (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) H. Landscaping: Landscaping requirements as specified in chapter 12.124 of this title.

I. Design Guidelines: In addition to these standards, the city of Gonzales has adopted "Industrial District Design Guidelines" by resolution in order to further protect the public health, safety and welfare and to contribute to a positive living and working environment within the city.

The city’s intent is that the principles set forth in the "Industrial District Design Guidelines" shall be incorporated to the maximum feasible extent in all new development, redevelopment, and building expansion in the industrial zoning district. Where conflicts exist between the mandatory standards of this section, and the guidelines, applicant shall be required to conform to the minimum district standards. However, the intent of the guidelines is also expected to be met to the fullest possible extent, and each applicant shall be required to clearly explain and justify why his or her project cannot comply with the guidelines, or any part thereof. A high degree of conformance to the guidelines shall be a positive factor in the city’s consideration of project approval. (Ord. 2005-40, 11-21-2005)
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RESOLUTION NO. 2022-64

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

AUTHORIZING EXECUTION OF A CONSULTING SERVICES AGREEMENT

BETWEEN THE CITY OF GONZALES AND EMC PLANNING GROUP

FOR PREPARATION OF CEQA DOCUMENTS FOR THE

GLORIA ROAD COOLER PROJECT
WHEREAS, on January 18, 2022, the City Council Adopted Resolution No. 2022-09, establishing a three-year on-call consultant list for planning services that included EMC Planning Group (“EMC”); and
WHEREAS, about March 2022, the Rianda Family Limited Partnership (“Rianda”) approached the City about the possibility of annexing a portion of their Gloria Road property within the City Sphere of Influence (SOI) for the development of an agricultural cooler facility; and
WHEREAS, Rianda also asked that the City process a discretionary permit application for the agricultural cooler facility once the land areas are within the City limits upon a successful annexation; and
WHEREAS, on April 18, 2022, the City Council approved a Reimbursement Agreement between the City of Gonzales and Rianda and authorized the City Manager to sign the agreement; and
WHEREAS, City Staff and Rianda and their representatives have been working to enhance the project description, proposed facility configuration and have been considering onsite and off-site improvements that may be necessary to support the cooler facility; and WHEREAS, Rianda requested the City to explore traffic impacts first before committing additional financial resources to a full California Environmental Quality Act (“CEQA”) environmental review of the Project; said analysis has now been completed by EMC, with potential traffic impacts understood by Rianda, and Rianda has now requested the City to proceed with a full CEQA environmental review; and
WHEREAS, City Staff prepared a Request for Proposals for the involved environmental review, sent the same to four consultants (Denise Duffy and Associates, EMC, Harris & Associates and HE Associates) from the City’s established on-call planning consultant list on September 14, 2022, and only received one proposal from EMC on September 27, 2022, at an estimated cost of $275,510; and
WHEREAS, while the monetary amount of the Contract with EMC reflects the full costs and state-required tasks and processes associated with the construction of a defensible Environmental Impact Report (EIR), savings may be realized if it is subsequently determined that preparation of a Mitigated Negative Declaration as opposed to a EIR will suffice.

ATTACHMENT 2
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NOW THEREFORE, BE IT HEREBY RESOLVED that the City Manager is hereby authorized and further directed to prepare and execute an appropriate contract with EMC Planning Group substantially in the form attached hereto as Exhibit A, and by this reference incorporated herein, in an amount not to exceed $275,510 for the environmental review of the Rianda Gloria Road Cooler Project.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 3rd day of October, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_______________________________
Jose Rios, The Honorable Mayor
ATTEST:
____________________________
Mary Villegas, Deputy City Clerk
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CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF GONZALES AND

EMC PLANNING GROUP FOR PREPARATION OF CEQA/NEPA DOCUMENTS

FOR THE GLORIA ROAD COOLER PROJECT
THIS AGREEMENT for consulting services is made by and between the City of Gonzales ("City") and EMC Planning Group ("Consultant") (together sometimes referred to as the "Parties") as of September 7, 2022 (the "Effective Date").

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the August 19, 2022 Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date September 7, 2022 and shall end on December 31, 2023, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $225,510, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

Packet Pg. 130 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) Consulting Services Agreement between Effective Date - September 7, 2022 City of Gonzales and EMC Planning Group - Gloria Rd Cooler Balance of CEQA Services Page 2 of 13 Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.3 <<Not Used>>

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

Packet Pg. 131 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) Consulting Services Agreement between Effective Date - September 7, 2022 City of Gonzales and EMC Planning Group - Gloria Rd Cooler Balance of CEQA Services Page 3 of 13

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

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

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

Section 3. FACILITIES AND EQUIPMENT. Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement.

4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the Packet Pg. 132 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) Consulting Services Agreement between Effective Date - September 7, 2022 City of Gonzales and EMC Planning Group - Gloria Rd Cooler Balance of CEQA Services Page 4 of 13 discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance.

Packet Pg. 133 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) Consulting Services Agreement between Effective Date - September 7, 2022 City of Gonzales and EMC Planning Group - Gloria Rd Cooler Balance of CEQA Services Page 5 of 13 d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City.

4.3 Professional Liability Insurance.

4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy.

4.4 All Policies Requirements.

4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant Packet Pg. 134 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) Consulting Services Agreement between Effective Date - September 7, 2022 City of Gonzales and EMC Planning Group - Gloria Rd Cooler Balance of CEQA Services Page 6 of 13 beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e., limit that is eroded by the cost of defense).

The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.

4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach:
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
 Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement.

Packet Pg. 135 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) Consulting Services Agreement between Effective Date - September 7, 2022 City of Gonzales and EMC Planning Group - Gloria Rd Cooler Balance of CEQA Services Page 7 of 13 Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, defend with counsel acceptable to City, indemnify, and hold City, its officers, employees, agents, and volunteers, harmless from and against any and all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, ("Claims"). Consultant will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly ("Liability"). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City.

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

Section 6. STATUS OF CONSULTANT.

Section 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant's Failure to comply with any law(s) or Packet Pg. 136 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) Consulting Services Agreement between Effective Date - September 7, 2022 City of Gonzales and EMC Planning Group - Gloria Rd Cooler Balance of CEQA Services Page 8 of 13 regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.

Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation.

Packet Pg. 137 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) Consulting Services Agreement between Effective Date - September 7, 2022 City of Gonzales and EMC Planning Group - Gloria Rd Cooler Balance of CEQA Services Page 9 of 13

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, Packet Pg. 138 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) Consulting Services Agreement between Effective Date - September 7, 2022 City of Gonzales and EMC Planning Group - Gloria Rd Cooler Balance of CEQA Services Page 10 of 13 records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement.

Section 10 MISCELLANEOUS PROVISIONS.

Packet Pg. 139 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) Consulting Services Agreement between Effective Date - September 7, 2022 City of Gonzales and EMC Planning Group - Gloria Rd Cooler Balance of CEQA Services Page 11 of 13

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

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

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

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

Packet Pg. 140 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) Consulting Services Agreement between Effective Date - September 7, 2022 City of Gonzales and EMC Planning Group - Gloria Rd Cooler Balance of CEQA Services Page 12 of 13 Taven M. Kinison Brown, Community Development Director
[email protected]
City of Gonzales
P.O. Box 647
Gonzales, CA 93926
AND
Mary Villegas, Administrative Specialist/Deputy City Clerk [email protected]
City of Gonzales
P.O. Box 647
Gonzales, CA 93926

10.11 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, and B represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A August 19, 2022 - Scope of Work for CEQA Services Exhibit B Fee Estimate / Budget

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.14 Non-Responsibility for General Contractor Responsibilities and Duties. Unless otherwise agreed by City and Consultant in writing, nothing in Consultant's services shall be construed to mean that Consultant assumes any of the contractual responsibilities or duties of the general contractor. The general contractor is solely responsible for construction means, methods, sequences and procedures used in the construction of a project and for related performance in accordance with its contract with the City. The Packet Pg. 141 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) Consulting Services Agreement between Effective Date - September 7, 2022 City of Gonzales and EMC Planning Group - Gloria Rd Cooler Balance of CEQA Services Page 13 of 13 general contractor shall not be relieved of its responsibility for the safety of the workplace or for the method or manner of construction. The Consultant and its personnel have no authority to exercise any control over or charge of acts or omissions of the general contractor or their employees in connection with the construction work.

The Parties have executed this Agreement as of the Effective Date.

CITY OF GONZALES EMC PLANNING GROUP

Patrick Dobbins, Acting City Manager Teri Wissler Adam, Senior Principal Attest:

Mary Villegas, Deputy City Clerk
Packet Pg. 142 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) Consulting Services Agreement between Exhibit A
City of Gonzales and EMC Planning Group - Gloria Cooler Balance of CEQA Services Page 1 of 1

EXHIBIT A

SCOPE OF SERVICES / BUDGET
Packet Pg. 143 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) Consulting Services Agreement between Exhibit B
City of Gonzales and EMC Planning Group - Gloria Cooler Balance of CEQA Services Page 1 of 1

EXHIBIT B

FEE ESTIMATE / BUDGET
Packet Pg. 144 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) Consulting Services Agreement between
City of Gonzales and EMC Planning Group - Gloria Rd Cooler Phase 1 Traffic Analysis Exhibit C Page 1 of 1 Packet Pg. 145 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) September 27, 2022
Patrick Dobbins Public Works Director/City Engineer
City of Gonzales
P.O. Box 647
147 Fourth Street
Gonzales, CA 93926
Re: Proposal for CEQA Services for the Rianda Cooler Project – Supplement to the Current EMC Planning Group Proposal for CEQA Services
Dear Patrick:

First, thank you for the opportunity to submit a proposal for the above-referenced project. Per EMC Planning Group’s recent communication with and at the direction of the City Attorney, and per my prior conversation with you, we are submitting this supplement to our most recent CEQA services proposal for the project dated August 19, 2022. This supplement, together with the August proposal, comprise our response to the City’s RFP for CEQA services dated September 13, 2022.

We have a unique understanding of the project and level of effort needed to prepare an “expanded” IS study that provides the substantial evidence to determine that an MND may suffice. I recommend adding $50,000 to the budget included in our August 19 proposal to cover EMC Planning Group staff costs to prepare the draft IS, final IS, MND, and response to comment documents. The analysis/research effort needed to prepare the IS must be more robust than a “typical” IS. All other EMC Planning Group staff costs (e.g., meetings, communications, public hearings, etc.), “Additional Costs” and “Subconsultant Costs” in the August 19 proposal remain applicable and are in addition to the cost solely to prepare the IS/MND documents.

If after preparing the IS, the City determines that an EIR is still necessary, the August 19 proposal EIR budget should be more than enough to cover the cost of the NOP, administrative draft EIR, proof draft EIR, public review draft EIR, administrative final EIR, and final EIR. The EIR cost would be significantly lower than identified in that Packet Pg. 146 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) Patrick Dobbins
City of Gonzales
September 27, 2022, Page 2
proposal because the IS would be used to focus the scope of the EIR only on those environmental impacts that are identified in the IS as significant and unavoidable. EMC Planning Group’s staff costs to prepare the EIR itself would; therefore, be reduced because fewer topics would need to be analyzed in detail in the EIR.

I am happy to discuss the supplemental scope and cost letter with you at your convenience should you have any questions.

Sincerely,
Ron Sissem
Senior Principal
Packet Pg. 147 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) Proposal
Gloria Road Cooler Project
CEQA Services
August 19, 2022
Prepared by
EMC Planning Group
Packet Pg. 148 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) Packet Pg. 149 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) This document was produced on recycled paper.

PROPOSAL

GLORIA ROAD COOLER PROJECT

CEQA SERVICES

PREPARED FOR
City of Gonzales
Tavin Kinison Brown, Community Development Director
147 4th Street
Gonzales, CA 93926
Tel 831.675.5000

PREPARED BY
EMC Planning Group Inc.
301 Lighthouse Avenue, Suite C
Monterey, CA 93940
Tel 831.649.1799
Ron Sissem, Senior Principal
[email protected]
www.emcplanning.com
August 19, 2022
Packet Pg. 150 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) Packet Pg. 151 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) Table of Contents

1.0 INTRODUCTION.........................................................................................................1-1

2.0 PROJECT TEAM..........................................................................................................2-1

3.0 APPROACH AND SCOPE OF WORK..........................................................................3-1

3.1 CEQA Approach....................................................................................................................3-1

3.2 Environmental Issues.............................................................................................................3-1

3.3 Scope of Work ........................................................................................................................3-3

4.0 BUDGET .....................................................................................................................4-1

4.1 Proposed Budget and Budget Variables..............................................................................4-1

5.0 SCHEDULE .................................................................................................................5-1 Packet Pg. 152 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) Packet Pg. 153 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project)

1.0 Introduction 1-1 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022

1.0 Introduction
The City of Gonzales has requested EMC Planning Group to prepare a proposal to provide CEQA services for a proposed agricultural cooler project on Gloria Road (“proposed project”). The project site is located just east of, but contiguous to the City of Gonzales city limits. EMC Planning Group’s experience with planning and CEQA documentation for projects in the City, including the Puente del Monte specific plan project, within whose boundaries the proposed project site is located, will be of significant benefit.

The scope of work and budget can be refined as needed based on further collaboration with City staff. Amendments could be needed if currently unknown or revised project elements raise environmental issues not currently assumed based on our understanding of the project.

Packet Pg. 154 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project)

1.0 Introduction
1-2 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022 This side intentionally left blank.

Packet Pg. 155 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project)

2.0 Project Team 2-1 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022

2.0 Project Team
EMC Planning Group
Ron Sissem, Senior Principal will serve as the overall project manager. Teri Wissler Adam, Senior Principal, will serve in a CEQA advisory role and provide product quality control. Additional EMC Planning Group staff will contribute to preparing the CEQA document. EMC Planning Group will also prepare the air quality, biological resources, cultural/tribal cultural resources, and greenhouse gas emissions analyses to be included in the EIR.

Peer Review Consultants
As has been discussed with City staff and the applicant, it is assumed that the applicant team will prepare a noise analysis and a hazardous materials analysis as inputs to the CEQA process. Once these are submitted by the applicant, EMC Planning Group will review the content and make recommendations to the City about whether third-party peer review of one or both of the analyses should occur. If so, EMC Planning Group will coordinate with the City to modify the scope of work and budget to include peer review consultants.

Packet Pg. 156 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project)

2.0 Project Team
2-2 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022 This side intentionally left blank.

Packet Pg. 157 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project)

3.0 Approach and Scope of Work 3-1 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022

3.0 Approach and Scope of Work

3.1 CEQA Approach
At this time, it is assumed that an EIR will be required. Some information in the EIR can be tiered from the City of Gonzales General Plan EIR, and information in the administrative draft version of the Puente del Monte and Vista Lucia EIRs will be useful for reference. For several environmental topics, including aesthetics, agriculture, geology and soils, mineral resources, fire and police protection, schools, parks, and solid waste, it is assumed that the impact analyses can be tiered from the general plan EIR, and therefore, the analysis level of effort would be reduced. Use of existing information to reduce time and cost will be prioritized.

An initial study is not proposed as part of this scope. Pursuant to CEQA Guidelines section 15063(c), an initial study can be used to determine whether an EIR or negative declaration is appropriate and to focus the scope of the subsequent environmental document on effects found to be significant in the initial study. If the City determines at a later date that an initial study should be prepared, the scope and budget herein can be modified to reflect the change.

3.2 Environmental Issues
Baseline Environment
As briefly referenced in the applicant’s April 27, 2022 draft project description, the applicant would consolidate operations at other existing facilities at the proposed facility. The existing operations would constitute the baseline conditions for a number of environmental topics to be evaluated in the EIR. Consequently, it will be important for the applicant to provide information on the locations, types, and operational characteristics of the existing operations so the net change in conditions resulting from consolidation can be ascertained. It would be challenging to quantitatively determine the net change in a way that is defensible as evidence in the CEQA document. Therefore, at minimum, qualitative changes from the consolidation will be discussed across environmental topics where this aspect of the project has implications. These include, but may not be limited to: air quality and greenhouse gases (GHGs). Until that information is known, the level of effort assumed in the project budget to address this change in the EIR as a whole is considered preliminary.

Packet Pg. 158 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project)

3.0 Approach and Scope of Work 3-2 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022 Agricultural Resources
The general plan EIR and the administrative draft Puente del Monte EIR evaluated impacts of implementing the general plan, including loss of Important Farmland resulting from future development, including development of the proposed project site. The City has already adopted a statement of overriding consideration for this impact. Further, because the project is agricultural focused, it is likely that converting the site to a non-agricultural use would not be a significant impact. Consequently, there should be no need to evaluate this impact in detail in this EIR.

It will be important to collaborate with the City to determine the applicability of the City’s agricultural mitigation program to the proposed project.

Air Quality
Air emissions modeling and a complete analysis of criteria air pollutant impacts will be conducted.

A health risk assessment is not proposed at this time. Information from the applicant will be needed as input to the modeling process and the applicant’s input on criteria emissions that are specific to the proposed technology/processes to be employed may be necessary.

Biological Resources
Biological resources conditions within the broader Puente del Monte site were evaluated as part of the EIR process for that project. That analysis was based on conditions in the field, including on the project site, that may have since changed. Site specific reconnaissance will be necessary to identify current biological resources conditions as a basis to identify potentially significant impacts.

Greenhouse Gases
Pursuant to CEQA Guidelines Sections 15064(h)(3) and 15130(d), if a project is consistent with the requirements of an adopted plan, such as a climate action plan, that is prepared consistent with CEQA Guidelines Section 15183.5(b), the lead agency may determine that the GHG impacts are less than significant with no further analysis required. The City of Gonzales Climate Action Plan (CAP) was adopted in 2013 and updated in 2018. This document serves as the City’s adopted plan for reducing GHG impacts. However, it is unlikely that GHG emissions from a project of the type proposed were anticipated in the GHG emissions projections included in the CAP. Therefore, it is unlikely that the GHG analysis for the project can be streamlined from the CAP. The inability to streamline commonly occurs where a project includes a general plan land use amendment, as is anticipated for the proposed project.

As has been the case for many years, GHG impact evaluation methodology continues to evolve in response to a continually changing state legislative landscape and to related case law. In continued absence of specific GHG threshold or analysis guidance direction from the Monterey Bay Air Resources District, two potential analysis options are contemplated. The first would use the emission projections in the CAP to derive a service population threshold of significance for the Packet Pg. 159 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project)

3.0 Approach and Scope of Work 3-3 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022 project. The volume of emissions by which the project exceeds the threshold would have to be mitigated through a combination of onsite and/or offsite GHG reduction measures and if needed, purchase of carbon offsets. The second would be to set a threshold of net zero GHG emissions – all GHG emissions from the project would have to be mitigated in the same fashion.

EMC Planning Group will discuss GHG analysis methodology options with City staff. The proposed budget assumes a level of effort to develop a quantified threshold of significance using the CAP data as a basis. Significant effort will be needed to model the project’s mobile source GHG emissions. Data may be needed from the applicant as part of this effort. The analysis scope includes limited coordination with the applicant team on GHG reduction options.

Noise
The applicant team will prepare a noise analysis that reflects detailed information about stationary noise sources associated with the unique production equipment associated with the project. The analysis is needed to address project noise compatibility with future adjacent noise sensitive uses.

Changes in traffic noise must be included in the analysis, as changes could adversely impact noise sensitive uses located along roadways onto which project-generated traffic, particularly trucks, would be distributed.

VMT
With the passage of SB 7643, the VMT effects of the proposed project must be evaluated. A VMT analysis that considers the contribution of truck trips as well as how truck trips and employee trips might differ from those of the baseline operations at other locations where the applicant operates similar uses has been prepared. The results of that analysis will be incorporated into the EIR.

Water Supply
As discussed with City staff, it appears that the proposed project is not of a sufficient size to trigger the requirement to prepare a water supply assessment pursuant to Senate Bill 610. The EIR will include a general analysis of the project water balance – that is, it’s net projected demand relative to demand from the existing agricultural use of the project site. Additional information which may be available from the City, including water supply assessments being prepared for other projects, will be used as an input to the analysis. Consistency with the applicable groundwater sustainability plan must also be evaluated.

3.3 Scope of Work
Contract Administration/Management
This activity includes managing/invoicing the CEQA services contract, invoicing, subconsultant contract management and invoicing, providing regular email progress reports to City staff.

Packet Pg. 160 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project)

3.0 Approach and Scope of Work 3-4 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022 Process Management and Communications
Unlike project administration tasks, this activity addresses process management time; day-to-day email and other communications with City staff, the public, and the applicant; EMC Planning Group staff management; etc.

Kick-Off Meeting
 Prepare for and facilitate a kick-off meeting with City staff and the project applicant. The purpose is to further articulate the project description, review and revise the preliminary project schedule as needed, obtain submittals from the applicant, and discuss other topics including communications protocols, key environmental issues, potential public controversy, forthcoming and/or information needs from the applicant, etc. EMC Planning Group will prepare an agenda for the meeting and provide summary notes after the meeting.  On the same day as the kick-off meeting, EMC Planning Group staff would also conduct a site investigation to document existing conditions at the project site and in the vicinity, catalogue land use and resource issues, and prepare photo documentation for use in the EIR.

Meetings and Teleconferences
It is assumed that several meetings with City staff and the applicant will be required during the CEQA and project consideration phases of the project. Up to four (4) in-person meetings are assumed in this task. The level of effort assumed for each includes preparation time, (materials, printing, coordination, agenda, etc.), meeting time, and a written meeting summary.

Up to twelve (12) scheduled calls are assumed. The level of effort assumed for each includes preparation time, materials, coordination, agenda, call time, and miscellaneous follow-up actions.

Applicant Technical Report Coordination/Review
This task includes EMC Planning Group review of applicant technical reports. It does not include the cost of peer reviews if such are needed. At this time, it is assumed that the applicant will be responsible for preparing hazardous materials and noise reports for the project.

Notice of Preparation
 Prepare a draft Notice of Preparation (NOP) for review and comment by City staff. Obtain comments from City staff. Comments will be incorporated into a final NOP;  Prepare a Notice of Completion (NOC) and a project Summary Form;  Circulate the NOP and initial study, Summary Form, and NOC to the State Clearinghouse (City has already authorized EMC Planning Group to act as its agent for this purpose);  Circulate the NOP directly to federal agencies as needed; and Packet Pg. 161 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project)

3.0 Approach and Scope of Work 3-5 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022  Circulate the NOP to individuals, organizations and agencies on the City’s CEQA document distribution list, and to possible local responsible/trustee agencies including the Monterey Bay Air Resources District.

Assumptions:
 One review round of the draft NOP by City staff.

Deliverables:
 One (1) Word and one (1) electronic copy of the final documents.

Scoping Meeting
 Prepare for, coordinate, and conduct a scoping meeting during the 30-day comment period for the NOP;
 Prepare handouts consisting of the NOP and any other brief, informative materials as may be needed; and
 Record comments in a meeting summary memo.

Assumptions:
 City staff to secure and organize scoping meeting venue.

Deliverables:
 Handouts as noted and summary of comments.

Technical Studies
Based on EMC Planning Group’s preliminary understanding of the project and project context, the technical analysis listed below are anticipated and included in the proposed budget.

Technical Analyses Included in the Scope of Work and Budget Technical Analysis Preparer
Air Quality EMC Planning Group
Biological Resources EMC Planning Group
Cultural Resources EMC Planning Group
Greenhouse Gas EMC Planning Group
The biological resources assessment scope of work does not include wetland/waterway assessment or delineation, or regulatory agency coordination/permitting.

As discussed with City staff, the proposed project does not appear to meet any of the criteria that would trigger the need for a water supply assessment. As also discussed, it is assumed that the applicant will prepare a hazardous material analysis and a noise analysis (to include traffic noise).

Packet Pg. 162 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project)

3.0 Approach and Scope of Work 3-6 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022 Administrative Draft EIR
 Review all responses to the NOP to ensure that all relevant concerns raised are addressed in the administrative draft EIR;
 Correspond with City staff, and responsible, trustee, and other affected agencies as necessary to clarify issues to be addressed in the administrative draft EIR;  Conduct tribal consultation process as needed to meet Senate Bill 18 and Assembly Bill 52 requirements;
 Prepare the administrative draft EIR. The EIR will include the following major sections:
• Introduction;
• Summary;
• Environmental setting – as well as describing existing physical environmental conditions, the setting will include a general plan policy consistency analysis; • Project Description:

Using inputs from the applicant and project application, EMC Planning Group will first prepare and submit an administrative draft project description suitable for use in the EIR to City staff for review and comment. The project description would then be forwarded to the applicant team for review and comment. It is assumed that the applicant review will not result in the need to conduct new or expanded technical analyses or otherwise trigger the need for an expanded level of effort to prepare the draft project description.

Applicant comments will be reviewed with City staff, with City staff to determine which comments should be accepted. A draft will then be prepared for integration into the EIR. Having a stable project description that does not “migrate” after this time is fundamental for preparing the remainder of the EIR and for avoiding schedule and cost overruns;
• Project analysis, impacts and mitigation measures – the significance of project impacts and mitigation measures for significant impacts will be identified using the CEQA Guidelines Appendix G checklist (as may be modified in collaboration with the City), with a focus on key issue areas identified by EMC Planning Group in collaboration with City staff. Each environmental topic analysis will be presented in a separate chapter; • Growth inducing impacts, cumulative impacts, and irreversible changes in the environment resulting from implement the project;
• Alternatives - up to four (4), including a no project alternative; • EIR preparers, persons contacted and references consulted; and • Technical appendices.

Packet Pg. 163 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project)

3.0 Approach and Scope of Work 3-7 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022 Assumptions:
 One round of City staff comments on the administrative draft project description;  One round of integrated comments on the administrative draft project description from the applicant team and no new technical analyses or other unforeseen level of effort required; and
 One round of City staff comments on the administrative draft EIR.

Deliverables:
 One (1) electronic Word version and one (1) electronic PDF version of the draft project description for review and comment; and
 One (1) electronic Word version, one (1) electronic PDF version of the administrative draft EIR for review and comment.

Screencheck Draft EIR
 Communicate with City staff to discuss City comments and outstanding issues on the administrative draft EIR;
 Revise the administrative draft EIR to incorporate City staff comments; and  Produce a screencheck draft EIR.

Assumptions:
 Same as described for the administrative draft EIR.

Deliverables:
 One (1) electronic Word version and one (1) electronic PDF version of the screencheck draft EIR for review and comment.

Draft EIR, Notice of Completion and Notice of Availability  In consultation with City staff, incorporate City staff comments on the screencheck draft EIR into a public review draft EIR;
 Prepare a draft NOC and Notice of Availability (NOA) for City staff review and comment;  Produce draft EIR with appendices;
 Distribute draft EIR and NOC to the State Clearinghouse; and  Publish the NOA in the local newspaper (City staff), post the NOA with the County Clerk, distribute the NOA to stakeholders on the City’s CEQA document distribution list and to applicable local responsible/trustee agencies, and distribute hard copies of the draft EIR to locations where it can be available for public review (e.g., Planning Department, library, etc.).

Assumptions:
 City staff to be responsible for coordinating and paying for publishing the NOA in the local newspaper.

Packet Pg. 164 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project)

3.0 Approach and Scope of Work 3-8 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022 Deliverables:
 One (1) electronic Word version and one (1) electronic PDF version, and six (6) hard copies of the draft EIR. For the hard copies, the appendices will be included on the back-inside cover on a CD.

Final EIR/Draft Mitigation Monitoring Program
Administrative Final EIR and Draft Mitigation Monitoring Program  Obtain and evaluate comments received during the public review period. Review comments with City staff that require input from City staff and determine whether any comments could trigger the need to conduct additional analyses;
 Prepare the administrative final EIR as a separate document from the draft EIR including a revised summary section, a list of all agencies and individuals commenting on the draft EIR, comments received during the public review period for the draft EIR, responses to those comments, and changes to the draft EIR;
 Prepare a draft of the mitigation monitoring and reporting program in the City’s format (if requested by City staff). The program would be available for public review as part of the final EIR, which must be made available to the public for a minimum of 10 days prior to a public hearing at which the EIR would be considered for certification; and  Submit the administrative final EIR and draft mitigation monitoring and reporting program to City staff for review and comment.

Screencheck Final EIR
 Incorporate comments on the administrative final EIR and draft mitigation monitoring program into a screencheck draft version of both for final review by City staff.

Final EIR and Final Mitigation Monitoring Program
 Prepare the final EIR and final mitigation monitoring and reporting program, incorporating City staff comments on administrative final EIR;
 Deliver a copy of the final EIR to individuals and agencies that provided comments on the draft EIR or otherwise notify same of where the final EIR can be accessed; and  Prepare Notice of Determination to file with the County Clerk Recorder and the State Clearinghouse upon City certification of the EIR.

Assumptions:
 The level of effort required to respond to comments on the draft EIR cannot be projected with reliability. The assumed effort is reflected in the proposed budget. If the level of effort exceeds the budgeted amount a contract amendment may be required. This possibility will be reviewed with City staff once all comments are received and evaluated; Packet Pg. 165 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project)

3.0 Approach and Scope of Work 3-9 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022  City staff comments on the administrative final EIR and screencheck final will be consolidated into one set and reviewed to ensure they are internally consistent and applicable;
 Any additional analyses required to respond to public comments will require a contract amendment; and
 The project budget does not include costs to respond to public comments delivered after the final EIR is made public.

Deliverables:
 One (1) electronic Word version and one (1) electronic PDF version of the administrative final EIR for review and comment;
 Deliver one (1) Word version and one (1) electronic PDF version of the screencheck final EIR; and
 Deliver one (1) Word version and one (1) electronic PDF version of the final EIR.

Coordination/Consultation with Applicable Agencies
Input from local, state, and federal responsible and trustee agencies on the scope of the EIR would be obtained through the NOP process. However, additional contact, if needed, will be made with agencies whose input is needed to analyzed environmental effects in the EIR. EMC Planning Group would coordinate the contacts and communications, and if and where it would be value-added, recommend that City staff participate. This activity is considered to be part of the overall CEQA scope of work; no separate line item is included in the budget for it.

CEQA Findings
Prepare CEQA findings and statement(s) of overriding considerations (as needed) per CEQA Guidelines section 15091 (Findings), and 15093 (Statement of Overriding Consideration), in the format used by the City, and a draft resolution to certify the final EIR, all for review by the City Attorney and/or other City staff.

Assumptions:
 City staff comments on the draft CEQA findings will be consolidated into one set and reviewed to ensure they are internally consistent and applicable.

Deliverables:
 One (1) electronic Word copy of the draft CEQA findings for City staff review and comment; and
 One (1) electronic Word and one PDF of the final CEQA findings for inclusion in the project consideration package.

Packet Pg. 166 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project)

3.0 Approach and Scope of Work 3-10 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022 Public Hearing Attendance and Presentations
EMC Planning Group will attend one (1) Planning Commission and one (1) City Council hearing. It is assumed that EMC Planning Group would, in collaboration with City staff, prepare and deliver a PowerPoint presentation, and be available, in coordination with City staff, to respond to comments from decision makers and/or the public.

Packet Pg. 167 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project)

4.0 Budget 4-1 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022

4.0 Budget

4.1 Proposed Budget and Budget Variables
Proposed Budget
The project budget is shown at the end of this section. Refinements can be made in collaboration with City staff. A 10 percent contingency is included to provide flexibility for addressing unforeseen budget amendments in a time- and process-efficient manner.

Budget Variables/Assumptions
The following assumptions were made in preparing the budget. Required tasks or activities that fall outside of these assumptions may result in the need for a scope/contract amendment:
 The scope of work is limited to the tasks, work products and assumptions described herein;  The tasks and costs included in this proposal are preliminary. Scope tasks and costs could change depending on information contained in forthcoming additional project description from the applicant and/or based on other supplemental information that may be provided by the applicant or other sources;
 Changes in the project description after the project is initiated are a common, primary cause of budget and schedule overruns. A task to prepare a project description for review and approval of City staff (and the applicant as deemed appropriate by the City) is included. No further changes to the project description that trigger the need to revise analysis in the EIR will occur;
 Scope and budget to peer review applicant technical reports are not included. Scope and budget changes may be required if peer review is determined to be necessary;  Neither the scope nor budget include tasks associated with project implementation activities that would occur after project approval;
 The number of comments on the draft EIR cannot be known at this time. The level of effort to prepare the administrative final EIR is limited to the cost shown in the CEQA budget. If the required level of effort is greater, the City will be notified; and  It is assumed that the City’s project consideration process and approval process will be completed within 14 months of the date of authorization to proceed.

Packet Pg. 168 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project) Task
Staff Senior Principal Principal Associate Planner Assistant Planner Reg. Prof. Archaeologist Principal Biologist Senior Biologist Graphics Production Manager Admin./ Production Billing Rate (Per Hour) $250.00 $225.00 $150.00 $125.00 $125.00 $190.00 $155.00 $95.00 $125.00 $115.00Administration/Management 18 0 12 0 0 0 0 0 0 12 42 $7,680.00Communications 24 0 24 0 0 0 0 0 0 0 48 $9,600.00Kick-Off Meeting 8 0 8 0 0 0 0 4 0 4 24 $4,040.00Meetings (4) 16 0 8 0 0 0 0 5 0 2 31 $5,905.00Teleconferences (12) 16 0 18 0 0 0 0 6 0 4 44 $7,730.00Applicant Technical Report Review 8 0 2 0 0 0 0 0 0 0 10 $2,300.00Notice of Preparation/Scoping Meeting 6 0 18 0 0 0 0 4 4 4 36 $5,540.00Admin Draft EIR 181 47 283 68 12 6 36 22 9 0 664 $118,210.00Screencheck Draft EIR 18 8 36 8 4 4 4 4 8 0 94 $15,960.00Draft EIR 6 0 12 0 0 0 0 0 8 0 26 $4,300.00Draft EIR Noticing and Distribution 3 0 8 0 0 0 0 0 0 4 15 $2,410.00Administrative Final EIR/Draft MMRP 38 4 42 10 2 4 0 4 6 0 110 $20,090.00Screencheck Final EIR/MMRP 8 0 6 0 0 0 0 0 6 0 20 $3,650.00Final EIR and Final MMRP 4 0 8 0 0 0 0 0 4 0 16 $2,700.00CEQA Findings/SOC 14 0 26 0 0 0 0 0 0 0 40 $7,400.00Public Hearings (1 PC/1 CC) 16 0 10 0 0 0 0 6 0 0 32 $6,070.00Subtotal (Hours) 384 59 521 86 18 14 40 55 45 30 Total Hours Total CostSubtotal (Cost) $96,000.00 $13,275.00 $78,150.00 $10,750.00 $2,250.00 $2,660.00 $6,200.00 $5,225.00 $5,625.00 $3,450.00 1,252 $223,585.00 Additional Costs
Production CostsTravel CostsPostal/DeliverablesMiscellaneousAdministrative Overhead 10%Total Total Costs
Gloria Road Cooler Project CEQA Services
EMC Planning Group Inc.

Total
Hours Total Cost
$225,510.00
$400.00
$1,925.00
$175.00
$1,000.00
$300.00
$50.00
Packet Pg. 169
Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd

5.0 Schedule 5-1 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022

5.0 Schedule
A draft schedule has not been included in this scope of work, but would be prepared once EMC Planning Group is under contract with the City and most importantly, once the timing for the applicant to prepare a complete project description is known.

Once the applicant’s application submittal is complete, timing for completing the CEQA process would likely be the primary controlling factor for delivering the project to the City Council for consideration. EMC Planning generally assumes a 10-12-month schedule for the CEQA (EIR) process, providing all elements of the process go smoothly, then another 1-2 months for Planning Commission and City Council hearings. Both are generally best-case scenarios.

A “migrating” project description is common cause of schedule and costs overruns. If the applicant is willing to take on the “risk” of starting the CEQA process before the project description is finalized by the applicant, the potential may exist to incrementally expedite the overall schedule.

However, this comes at the higher risk of triggering changes to the scope and budget.

The schedule and in-process tasks will be reviewed weekly by the EMC Planning Group team. We will work as diligently as possible to meet the schedule, but notify the City as early as possible if and when any element of the schedule may not be met.

Packet Pg. 170 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project)

5.0 Schedule
5-2 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022 This side intentionally left blank.

Packet Pg. 171 Attachment: Resol No. 2022-64 with Exhibits (2550 : Resolution No. 2022-64 Agrmt with EMC for Gloria Rd Cooler Project)

Gonzales City CouncilOctober 3, 2022

Gonzales City Council
October 3, 2022