Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall located at 147 Fourth Street, Gonzales, California, during normal business hours.
A G E N D A
JOINT MEETING OF THE
GONZALES CITY COUNCIL AND
GONZALES SUCCESSOR AGENCY
CITY COUNCIL CHAMBERS – 117 FOURTH STREET
GONZALES, CA 93926
MONDAY, DECEMBER 5, 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 Luke Naegle
Successor Agency Item
PUBLIC NOTICE
This meeting is being conducted consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The public may participate in person or online via zoom at https://us06web.zoom.us/j/85279175385 or call 1-1669-900-6833 and use Meeting ID: 852 7917 5385. 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, December 5th to the City Clerk at [email protected]
BUSINESS FROM THE PUBLIC
2. Business from the Public not on the Agenda; any member of the Public may address the Council/Agency for a period not to exceed three minutes on any subject not on the Agenda. The Council/Agency will listen to all communications but may take no action.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered routine by the City Council and will be adopted by one action of the Council unless any Council Member has a question or wishes to make a statement or discuss an item. In that event, the Mayor will remove the item from the Consent Calendar for separate consideration.
3. Approve the Joint City Council and Successor Agency - Regular Meeting - November 21, 2022 Minutes
4. Approve the City Council - Special Meeting - November 30, 2022 Minutes
5. Approve City Accounts Payable Warrants #47910-47956
*
*
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.
6. Consider Approval of Resolution No. 2022-83, A Resolution of the City Council of the City of Gonzales Rescinding Resolution No. 2022-63 that Authorized an Agreement Between Harris and Associates for Initial Work on the City of Gonzales 6th Cycle Housing Element Update for the Period 2023-2031, and Approving and Authorizing a New Agreement Between 4LEAF, Inc. for Planning Services for the City of Gonzales 6th Cycle Housing Element Update for the Period 2023-2031
7. Consider Approval of Resolution No. 2022-84, A Resolution of the City Council of the City of Gonzales Accepting the Tree Removal Contract at the Community Center Project Site as Complete, Authorize Staff to Record a Notice of Completion, and Release Retention Monies to the Contractor
8. Consider Approval of Resolution No. 2022-85, A Resolution of the City Council of the City of Gonzales Accepting the Equip Well 7 Contract as complete, Authorize staff to file a Notice of Completion with the County Recorder, and direct staff to release retention monies to the Contractor
9. Consider Approval of Resolution No. 2022-86, A Resolution of the City Council of the City of Gonzales Adopting a Debt Management Policy
10. Consider Approval of Resolution 2022-87, A Resolution of the City Council of the City of Gonzales authorizing the Interim City Manager or Public Works Director to submit a Financial Assistance Application to the State Water Resources Control Board for the Planning and Design of the Wastewater Treatment Plant Improvement Project
11. Consider Approval of Resolution No. 2022-88, A Resolution of the City Council of the City of Gonzales Authorizing the Grant Application, Acceptance, and Execution of the Grant Funds from the State of California Budget Act of 2021 (SB 129)
12. Consider Approval of Resolution No. 2020-89, A Resolution of the City Council of the City of Gonzales Authorizing Execution of a Consultant Agreement with Schaaf & Wheeler in the not-toexceed Amount of $29,000 Which Includes a Contingency Budget of $2,100 for Updating the City’s Water System Capital Improvement Program
13. Consider Approval of Resolution No. 2022-90, A Resolution of the City Council of the City of Gonzales Adopting the City Council Meetings Schedule for 2023
14. Consider Approval of Resolution No. 2022-91, A Resolution of the City Council of the City of Gonzales Approving an Amendment to the City of Gonzales Classification Plan for the Fiscal Year 2022-2023
15. Consider Approval of an Agreement Between the City of Gonzales and Sun Street Centers in the Amount of $19,000 for the Road to Success Diversion Program for the Period of January 1, 2023 through June 30, 2023; and Authorize the Interim City Manager to Sign it
REGULAR AGENDA
16. Consider Approval of Resolution No. 2022-92, A Resolution of the City Council of the City of Gonzales Declaring Canvass of Returns and Results of the Consolidated General Municipal Election Held on November 8, 2022
a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Resolution No. 2022-92
17. Oaths of Allegiance by City Clerk
a) Jose L. Rios
b) Liz Silva
c) Lorraine Worthy
d) Maria Orozco
18. Consider Approval of, and Present Proclamation No. 2022-05 Recognizing Paul Miller
19. Presentation of a Resolution from the Offices of Senator Anna Caballero and Assemblymember Robert Rivas Recognizing Paul Miller
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.
20. Public Hearing to Introduce, Waive Reading, and Read by Title Only Ordinance No. 2022-135, An Ordinance of the City Council of the City of Gonzales Amending Portions of Title 11 of the Gonzales City Code, Titled “Building Regulations” By Adoption And Referenced Amendments: 2022 California Administrative Code, Title 24, Part 1; 2022 California Building Code, Title 24, Part 2, Volumes 1and 2; 2022 California Residential Code, Title 24, Part 2.5; 2022 California Electrical Code, Title 24, Part 3; 2022 California Mechanical Code, Title 24, Part 4; 2022 California Plumbing Code, Title 24, Part 5; 2022 California Energy Code, Title 24, Part 6; 2022 California Fire Code, Title 24, Part 9; 2022 California Green Building Standards Code, Title 24, Part 11; 2022 California Referenced Standards Code, Title 24, Part 12; 2021 International Property Maintenance Code; Small Residential Rooftop Solar Systems; and deleting Chapter 11.48 of the City of Gonzales Code Titled “Deconstruction, Demolition, and Construction Material Recovery and Diversion from Landfills” a) Staff Report
b) Public Hearing
c) Council Discussion
d) Council Action
Staff Recommended Action-Introduced, waived reading, and read by title only Ordinance No. 2022-135
21. New Brown Act Rules for 2023 Regarding Teleconferencing a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Accept the report
22. Vista Lucia Development Progress Report
a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Receive the report
BUSINESS FROM CITY COUNCIL
23. City Council Board/Committee Reports
a. Transportation Agency for Monterey County
b. Mayor Selection Committee
c. Monterey Salinas Transit
d. Salinas Valley Recycles
e. Salinas Valley Basin Groundwater Sustainability
24. Oral Communications
BUSINESS FROM CITY MANAGER
25. Oral Communications
CLOSED SESSION
Any member of the public may address the Council on a closed session item appearing on the agenda.
Speakers shall have a limited time of three (3) minutes. Please be brief and to the point.
26. The City Council will recess to closed session to consider personnel matters pursuant to Government Code Section 54957(b)(1)- City Manager Recruitment.
ADJOURNMENT
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (831) 675-5000. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (CFR 35.102-35.104 ADA Title II). This is a public meeting and as such, can be seen live by people present or online and is being recorded; therefore; anything you say or do here is public information. The recordings are available online.
MINUTES
JOINT MEETING OF THE
GONZALES CITY COUNCIL AND
GONZALES SUCCESSOR AGENCY
MONDAY, NOVEMBER 21, 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 Present
Scott Funk Mayor Pro Tem Present
Liz Silva Council Member Present
Lorraine Worthy Council Member Present
Paul Miller Council Member Present
YOUTH COMMISSIONERS
Sherlyn Flores.
Absent: Luke Naegle.
STAFF PRESENT
Interim City Manager Carmen Gil, City Attorney Michael F. Rodriquez, Community Development Director Taven Kinison Brown, Administrative Assistant II Anabel Almanza, Administrative Assistant II Miranda Uribe, Public Works Director/City Engineer Patrick Dobbins, and Fire Chief Jason Muscio. * Successor Agency Item
Packet Pg. 4
Minutes Acceptance: Minutes of Nov 21, 2022 6:00 PM (CONSENT AGENDA) AGENDA
ITEM
3
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/88093508421 or call 1 (669) 900-6833 and use Meeting ID: 880 9350 8421. 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, November 21st to the City Clerk at [email protected]
PRESENTATIONS
2. Consider Approval of, and Present Resolution No. 2022-79, A Resolution of the City Council of the City of Gonzales Expressing Appreciation to Patrick Dobbins Mayor Pro Tem Funk read and presented the resolution to Public Works Director/City Engineer Patrick Dobbins.
RESULT: APPROVED [UNANIMOUS]
MOVER: Scott Funk, Mayor Pro Tem
SECONDER: Paul Miller, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Paul Miller
BUSINESS FROM THE PUBLIC
3. Business from the Public not on the Agenda; any member of the Public may address the Council for a period not to exceed three minutes on any subject not on the Agenda. The Council will listen to all communications, but may take no action.
Roman Barba, 123 Second Street, commented about the City signs by the winery being in bad shape and said he sent some pictures to Council Members Silva and Worthy; talked about the Gonzales High School Volleyball team winning the Cypress Division; and MST bus hitting the branches on Fifth Street.
Bob Krauth congratulated the three Council members for getting re-elected and asked if it was true about not all the votes being counted yet.
Interim City Manager Gil responded that staff had not received the official certification of votes from the Elections Office yet and said for the most part, most of them have been counted but they have not been certified yet.
CONSENT AGENDA
4. Approve the Joint City Council, Successor Agency, and Public Financing Authority - Regular Meeting- November 7, 2022 Minutes
5. Approve the City Council - Special Meeting - November 15, 2022 Minutes
6. Approve City Accounts Payable Warrants #47854-47909
7. Community Development Department Activity Report
8. Community Engagement & Strategic Partnerships Activity Report Packet Pg. 5
Minutes Acceptance: Minutes of Nov 21, 2022 6:00 PM (CONSENT AGENDA)
9. Fire Department Activity Report
10. Police Department Activity Report
11. Public Works/City Engineer Department Activity Report
12. Recreation Department Activity Report
13. Consider Approval of Amendment #4 to the Lease Agreement with Laboratory Corporation of America for Continued Use of a Portion of the Old Medical Building at 133 Fourth Street
14. Consider Approval of Resolution No. 2022-81, A Resolution of the City Council of the City of Gonzales Authorizing the Interim City Manager or Designee to Execute and Submit a Clean Water State Revolving Fund Financial Assistance Application to the State Water Resources Control Board (SWRCB) for the Planning, Design, and Construction of the 1.0 Million Gallons a Day (MGD) Industrial Wastewater System, and Execute SRF Financial Assistance Agreements and Any Amendments with the SWRCB; and Resolution No. 2022-82, A Resolution of the City Council of the City of Gonzales Designating the Amount of the 1.0 Million Gallons a Day (MGD) Industrial Wastewater System Expenditures to be Reimbursed by Proceeds from the Clean Water State Revolving Fund
Council Member Silva pulled item 6. She noted page 17, the warrant for De Lage Landen Public Finance, she assumed it was different firm than Green's Accounting our accounting firm.
Council Member Silva also wanted the public to understand how much it cost the City when there is a Special Mail Election like we did in August or any other election. She informed the cost to the City for the mail in ballot was $45,167.25 and said it was disappointing because that measure did not pass. She also pointed out on page 18, Tri Cities Disposal drop box services for October was $174,788.89, it seemed pretty high for drop boxes and asked if it was normal.
Public Works Director Dobbins responded this cost is passed along to the individual businesses where these boxes are picked up.
City Attorney Rodriquez responded to Council Member’s Silva question for the warrant #47870, he said he heard from Mike Howard that it was for the solar lease payment.
In regards to item 7, Council Member Silva asked Taven if he had the number of official cases that we are pending right now.
Community Development Director Kinison Brown responded there were about four cases.
Council Member Silva mentioned seeing a lot of violations of either recreational vehicles, boats, or trailers throughout the City and these can cause a blind spot. She didn’t know if they have a Code Enforcement Officer in the Police Department.
Community Development Director Kinison Brown mentioned the Police Department, his office, and the Building Official engage in the issues when there’s a threat to life, health and safety.
Council Member Worthy reiterated this has been a conversation they have been having for four years, about what we are going to do about all these vehicles and the issues she and others have had.
Community Development Director Kinison Brown mentioned he has had conversations with Chief about this, and oftentimes folks move them when they go check.
Packet Pg. 6
Minutes Acceptance: Minutes of Nov 21, 2022 6:00 PM (CONSENT AGENDA)
Council Member Silva felt this was a topic they need to look at a little bit deeper. She knows we don't have a storage facility here in Gonzales but there are some close enough that people can look into.
RESULT: APPROVED [UNANIMOUS] Consent Agenda Items
MOVER: Liz Silva, Council Member
SECONDER: Lorraine Worthy, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Paul Miller
REGULAR AGENDA
15. Presentation by Legacy Signs and City staff to Explore Consideration of a Potential Communications and Revenue Generating Opportunity
Staff Report: Community Development Director Kinison Brown presented the staff report.
Scott Smith, Legacy Signs, presented a powerpoint presentation on the monument style digital welcome sign. He explained the concept, sign structure, provided design samples, proposed sign locations, and shared tourism opportunity, emergency and local business creative examples.
Council Discussion: Council Members Worthy and Silva liked the idea and shared their concerns about the location and lighting, and the valley winds.
Council Member Miller asked about the approval timeframe by Caltrans and felt they should continue with this and see where they get with it.
Mayor Rios asked for information on other Cities that currently have these types of signs so he can have an opportunity to talk to them as to how they’re working for them, and shared his concern with the liability issue.
Mayor Pro Tem Funk agreed with the liability.
Mr. Smith addressed the concerns and questions. City Attorney Rodriquez addressed the liability issue and signs code and will get information to the Council as to what other Cities are doing with these types of signs.
Public Comment: Bob Krauth shared his concern about the size and distraction on one of the locations.
Council Member Worthy suggested looking at it a little more before deciding that we don't want to do it, and said they could see some potential revenue.
City Attorney Rodriquez elaborated on the sign provisions and the advanced technology and said staff can explore it and bring items back to the Council and point out where the code would have to be changed before moving forward with any particular action.
Interim City Manager Gil mentioned that before they wrap this up, she would like to have Mr.
Smith talk about what the revenue would look like since he’s here to give everyone an understanding of it.
Mr. Smith informed of the revenue generation that can be done in one of two ways, either a onetime payment to the City, or monthly quarterly or annual payments, and it depended on how they want to structure the contract.
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Minutes Acceptance: Minutes of Nov 21, 2022 6:00 PM (CONSENT AGENDA)
It was the Council’s consensus to direct staff to explore this more and bring it back.
16. Consider Approval of Resolution No. 2022-80 A Resolution of the City Council of the City of Gonzales Authorizing Execution of a Master Services Agreement with Lechowicz & Tseng and Approving Task #1 for Preparation of Water and Sewer Rate Studies for a Not-To-Exceed Fee of $68,000, which Includes a Contingency Budget of $8,410
Staff Report: Public Works Director/City Engineer Dobbins presented the staff report.
Public Comment: There was none.
RESULT: APPROVED [UNANIMOUS] Consent Agenda Items
MOVER: Liz Silva, Council Member
SECONDER: Lorraine Worthy, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Paul Miller
BUSINESS FROM CITY COUNCIL
17. City Council Board/Committee Reports
a. League of California Cities Monterey Bay Division
No report.
b. Association of Monterey Bay Area Governments
Mayor Pro Tem Funk reported on the last meeting of the year. c. Monterey Salinas Transit
Council Member Worthy couldn't attend but she'll report on this at the next meeting. d. City & School Joint Steering Committee
Interim City Manager Gil reported on a meeting with Superintendent Zamora where they talked about reconvening the joint meeting early in the next year. e. Economic Development Committee
Community Development Director Kinison Brown reported on the status of the meetings.
18. Oral Communications
Youth Commissioner Flores reported on the last GYC meeting with Mayor Rios where they expressed ideas on the ways they can send out information to the public; and the successful trash pickup day.
Council Member Miller congratulated everyone who won the election and wished everyone a Happy Thanksgiving.
Mayor Pro Tem Funk wished everyone a Happy Thanksgiving.
Council Member Silva thanked everyone for voting and wished everyone a Happy Thanksgiving; reminded everybody about the City’s Holiday Lights event on December 3rd starting at 4pm and asked to support the local nonprofits that will be there that evening.
Council Member Worthy wished everyone a Happy Thanksgiving. She clarified about the flag retirement which would be on the 25th at 5pm at the American Legion for anyone that would like to bring a flag. She encouraged the Council to attend.
Packet Pg. 8
Minutes Acceptance: Minutes of Nov 21, 2022 6:00 PM (CONSENT AGENDA)
Mayor Rios recommended folks to get the flu shot because the influenza is out there as well as the children’s RSV. He wished everyone a Happy Thanksgiving. He agreed with the idea of using the marquee sign at the High School, and said it would be good to contact the school district to use it for City programs.
BUSINESS FROM CITY MANAGER
19. Oral Communications
Interim City Manager Gil reminded everyone about the December 3rd Holiday Lights event which will take place rain or shine; invited the public to the launch of the official Capital Campaign for the Community Center on December 8th at 3pm. The press conference which will be held at the site; gave a shoutout to the Gonzales Youth Council for their work on the mental health assessment they did two years ago, whose work is all over the media right now. She was happy the project continued to put us on the map thanks to the guidance and support of the Council and their investment in our youth.
CLOSED SESSION
Any member of the public may address the Council on a closed session item appearing on the agenda.
Speakers shall have a limited time of three (3) minutes. Please be brief and to the point.
There was none.
20. The City Council will recess to closed session to consider personnel matters pursuant to Government Code Section 54957(b)(1)- City Manager -Employment/Recruitment Council conferred with the City Attorney and provided direction. No other reportable action taken.
ADJOURNMENT
RESULT: APPROVED [UNANIMOUS] Consent Agenda Items
MOVER: Liz Silva, Council Member
SECONDER: Lorraine Worthy, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Paul Miller The meeting was adjourned at 7:35 PM.
ATTEST:
Mary Villegas, Deputy City Clerk
Packet Pg. 9
Minutes Acceptance: Minutes of Nov 21, 2022 6:00 PM (CONSENT AGENDA)
MINUTES
GONZALES CITY COUNCIL
SPECIAL MEETING
WEDNESDAY, NOVEMBER 30, 2022
8:30 AM
CALL TO ORDER
The meeting was called to order at 8:30 AM by Mayor Pro Tem Scott Funk.
PLEDGE OF ALLEGIANCE
The flag salute was recited by all present.
ROLL CALL
Attendee Name Title Status
Jose L. Rios Mayor Excused
Scott Funk Mayor Pro Tem Present
Liz Silva Council Member Present
Lorraine Worthy Council Member Present
Paul Miller Council Member Present
STAFF PRESENT
City Attorney Michael F. Rodriquez, Executive Assistant to the City Manager/Deputy City Clerk Mary Villegas, and Administrative Assistant II Anabel Almanza.
Mayor Pro Tem Funk read the following notice:
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/84861751614 or call 1-1669-900-6833 and use Meeting ID: 848 6175 1614. 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 4:00p.m. on Tuesday, November 29th to the City Clerk at [email protected]
Packet Pg. 10
Minutes Acceptance: Minutes of Nov 30, 2022 8:30 AM (CONSENT AGENDA) AGENDA
ITEM
4
CLOSED SESSION
Any member of the public may address the Council on a closed session item appearing on the agenda.
Speakers shall have a limited time of three (3) minutes. Please be brief and to the point.
There was none.
2. The City Council will recess to closed session to consider personnel matters pursuant to Government Code Section 54957(b)(1)- City Manager Recruitment-Interviews.
The Council conducted the interviews. No other reportable action taken.
ADJOURNMENT
The meeting was adjourned at 5:00 PM.
ATTEST:
Mary Villegas, Deputy City Clerk
Packet Pg. 11
Minutes Acceptance: Minutes of Nov 30, 2022 8:30 AM (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: 11:28 am
Date: 11/23/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
47910 11/25/22 Printed 444 AGRI-FRAME, INC Sign Posts 635.10 47911 11/25/22 Printed 108 AIRGAS Oxygen 209.45
47912 11/25/22 Printed 2 ALL - SAFE ALARMS Monthly Monitoring 400.00 ALVAREZ TECHNOLOGY 5,925.99
GROUP INC.
47913 11/25/22 Printed 2180 Computer Lease
ALVAREZ TECHNOLOGY 288.75
GROUP, INC.
47914 11/25/22 Printed 3893 UPS Issues
47915 11/25/22 Printed 3168 AUTOZONE INC. Maintenance Supplies 76.32 47916 11/25/22 Printed 1618 AVAYA FINANCIAL SERVICES Maintenance 641.26 47917 11/25/22 Printed 3713 AXON ENTERPRISE, INC. Tasers 5,154.75 CASNER EXTERMINATING, 260.00
INC.
47918 11/25/22 Printed 889 Extermination Services
47919 11/25/22 Printed 212 CITY OF GONZALES Utilities - October 4,034.58 47920 11/25/22 Printed 3095 CSG CONSULTANTS INC. In House Building Official Svc 8,674.55 47921 11/25/22 Printed 1821 CSK AUTO, INC. Vehicle Maint. Supplies 227.70 47922 11/25/22 Printed 4184 DIMES MEDIA CORPORATION Sports Sponsorship - October 340.00 47923 11/25/22 Printed 3752 DUDEK WWTP Plan of Study Document 4,095.00 47924 11/25/22 Printed 2624 EBA&M CORP COBRA Notice 60.00 47925 11/25/22 Printed 507 EMC PLANNING GROUP INC. Rianda Cooling Project 10,661.09 EMPLOYMENT 8,100.00
DEVELOPMENT DEPT.
47926 11/25/22 Printed 106 Unemployment Insurance
47927 11/25/22 Printed 3697 ESO SOLUTIONS, INC. Fire Incidents CAD Integration ESO Fire 2,490.00 Incidents
FEHR ENGINEERING 1,640.00
COMPANY INC.
47928 11/25/22 Printed 3314 Emergency Generators - City Hall & PD GONZALES ACE HARDWARE 416.16
INC.
47929 11/25/22 Printed 3274 PVC Primer & 3/4" Couples
47930 11/25/22 Printed 3700 GRANICUS, LLC Encoding Appliance Software 4/1/22 - 6,022.36 3/31/23
47931 11/25/22 Printed 4071 GREAT AMERICA FINANCIAL Copier Lease 1,431.78 47932 11/25/22 Printed 4292 GVP VENTURES, INC. City Management Recruitment 707.00 IRIS-MARILU TAMAYO 360.00
HURTADO
47933 11/25/22 Printed 4213 Adult Co-ed Volleyball Referee Services INTERSTATE ALL BATTERY 45.77
CENTER
47934 11/25/22 Printed 134 Batteries
47935 11/25/22 Printed 3574 ANDREW LUJAN Work Boots Reimbursement 200.00 47936 11/25/22 Printed 2396 MANDEGO APPAREL Coach Shirts for Rec Sports 456.92 47937 11/25/22 Printed 72 MISSION UNIFORM SERVICE City Hall Mats 161.13 47938 11/25/22 Printed 3970 MNS ENGINEERS, INC. Stormwater Permit Support Svcs 3,248.30 47939 11/25/22 Printed 245 MONTEREY COUNTY HEALTH Retainer Fee 2,000.00 PUBLIC AGENCY 983.90
RETIREMENT
47940 11/25/22 Printed 3194 PARS Fees - September
47941 11/25/22 Printed 115 QUILL CORP Calendar & Planner 516.52 SAFEGUARD BUSINESS 893.48
SYSTEMS
47942 11/25/22 Printed 568 First Responder Books
47943 11/25/22 Printed 4166 SAGE RENEWABLE ENERGY PM Svcs on Microgrid Project 2,667.50 47944 11/25/22 Printed 2685 SC FUELS Fuel 547.41
47945 11/25/22 Printed SWINERTON SWINERTON BUILDERS Construction Management Svcs 28,836.00 THE SPCA OF MONTEREY 6,125.00
COUNTY
47946 11/25/22 Printed 1890 October Services
47947 11/25/22 Printed 3577 U.S. BANK 11/7/22 Taven Kinison Brown Acct # 4866 604.95 9145 5550 8537
47948 11/25/22 Printed 3410 ULINE, INC. Gloves - Kid Power Supplies 119.91 47949 11/25/22 Printed 103 USA BLUE BOOK WWTP Tools 84.51 47950 11/25/22 Printed 3471 VERIZON WIRELESS Cellphones - October Acct # 304.12 742128049-00001
47951 11/25/22 Printed 99 VOSTI'S, INC. Equip. Repair/Maint. Labor 5,187.27 WILLDAN FINANCIAL 3,192.50
SERVICES
47952 11/25/22 Printed 3682 Comm. Dev. Fiscal Report
Total Checks: 43 Checks Total (excluding void checks): 119,027.03 AGENDA
ITEM
Packet Pg. 12
Attachment: Warrants #47910-47956 (2595 : Approve City Accounts Payable Warrants #47910-47956) 5 City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
RABOBANK Page: 2
Time: 11:28 am
Date: 11/23/2022
Void/Stop
Date
Reconcile
Date
Total Payments: 43 Bank Total (excluding void checks): 119,027.03 Total Payments: 43 Grand Total (excluding void checks): 119,027.03 Packet Pg. 13
Attachment: Warrants #47910-47956 (2595 : Approve City Accounts Payable Warrants #47910-47956) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 11:30 am
Date: 11/23/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
47953 11/25/22 Printed 2818 JARVIS FAY LLP. Legal Services - May 2022 13,524.00 WORKWELL MEDICAL 845.00
GROUP
47954 11/25/22 Printed 2683 Pre Employment Screening
Total Checks: 2 Checks Total (excluding void checks): 14,369.00 Total Payments: 2 Bank Total (excluding void checks): 14,369.00 Total Payments: 2 Grand Total (excluding void checks): 14,369.00 Packet Pg. 14
Attachment: Warrants #47910-47956 (2595 : Approve City Accounts Payable Warrants #47910-47956) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 3:22 pm
Date: 11/23/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
47955 11/25/22 Printed 2818 JARVIS FAY LLP. Legal Services - October 8,134.00 47956 11/25/22 Printed 4310 COLEEN YEBRA Park Reimb. for Electricity 25.00 Total Checks: 2 Checks Total (excluding void checks): 8,159.00 Total Payments: 2 Bank Total (excluding void checks): 8,159.00 Total Payments: 2 Grand Total (excluding void checks): 8,159.00 Packet Pg. 15
Attachment: Warrants #47910-47956 (2595 : Approve City Accounts Payable Warrants #47910-47956) City of Gonzales
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: December 5, 2022
FROM: Taven Kinison Brown, Community Development Director THROUGH: Carmen Gil, Interim City Manager
SUBJECT: Resolution No. 2022-83
RECOMMENDATION
It is recommended that the City Council approve Resolution No. 2022-83, A Resolution of the City Council of the City of Gonzales rescinding Resolution No. 2022-63 that authorized an Agreement between Harris and Associates for Initial Work on the City of Gonzales 6th Cycle Housing Element Update for the Period 2023-2031, and approving and authorizing a new Agreement between 4LEAF, Inc. for Planning Services for the City of Gonzales 6th Cycle Housing Element Update for the Period 2023- 2031.
BACKGROUND
On September 6, 2022, staff brought before the City Council, Resolution 2022-63 to execute a contract with Harris and Associates to begin initial work on the City’s Housing Element for $65,000 the City had already been awarded through the State of California to reimburse our city expenses in preparing an updated Housing Element. The Harris and Associates estimated cost to complete the Housing Element was ~$460,000, of which no money had been budgeted for the tasks ahead. The City had previously secured a state reimbursement of $65,000 that we could apply to the contract. Otherwise, to continue the task, the city would need to find an estimated $395,000 to complete the 6th Cycle Housing Element.
Since the September 6, 2022, City Council action to authorize a contract and begin work, the City learned that a neighboring city, Soledad was poised to award a 6th Cycle Housing Element contract for approximately $200,000.
Staff considered the matter of the substantially lower price and determined that our previous efforts at soliciting bids to prepare the 6th Cycle Housing Element may have been too narrow. We had previously AGENDA
ITEM
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advertised and circulated our need for services among nine preapproved planning services contractors already vetted by the city. We received only two responses then – and were taken aback with the bid responses approximating $400,000 and $460,000. Staff now thought it wise to re-cast our efforts to a larger pool of contractors, and to be more explicit in the City’s size and budget constraints to solicit a more affordable housing element contractor.
On September 27, 2022, staff distributed and circulated a “Second Request for Proposals for the 6th Cycle Housing Element Update for the Planning Period 2023-2031.” Staff posted the “job” on the IMS Integrated Marketing Systems Website and soon received queries. By the closing date of October 18, 2022, staff had fielded several phone calls of interest, received three timely responses to the second request, including a second response from Harris and Associates. The budgets proposed by the three respondents are as follows:
• Harris & Associates $459,100 (unchanged from the first effort) • Placeworks $206,465 (the same firm that won the Soledad contract) • 4LEAF, Inc $81,320
On Monday, October 31, 2022, staff called and met online with 4LEAF, Inc. to be introduced to their consultant team, talk through their experience and housing element accomplishments, price points, and what City efforts would be required to complete this effort. Staff was very encouraged.
Additionally, on November 15, 2022, the Community Development Director conferred with Mike Renner, the Executive Project Manager for 4LEAF to discuss aspects of the environmental review and further reducing City expenses to prepare for the Housing Element 6th Cycle. We agreed to a refined Scope of Work and Budget.
As described previously in September to the City Council, there are potential penalties from the State of California, if the City does not complete the 6th Cycle Housing Element Update process in a timely manner. State funding programs that require a local jurisdiction’s Housing Element compliance include:
• Community Development Block Grant Program
• Infill Infrastructure Grant Program
• Local Housing Trust Fund Program
• Affordable Housing and Sustainable Communities Program • Permanent Local Housing Allocation Program
• Caltrans Sustainable Communities Grant Program
REVIEW & ANALYSIS
The applicant’s Scope of Work and Budget (Exhibit A and B to the attached resolution) includes the tasks and components necessary to complete a 6th Cycle Housing Element update. To meet the City’s need for a more affordable Housing Element preparation, the city-side of this effort will have us committed to inhouse tasks that are better served by familiar staff with the City of Gonzales. We can commit to:
• Conducting Community Outreach
o Through our existing networks and conventions.
• Providing dedicated website pages for the Housing Element preparation and interactive Facebook, social media, and press releases. o These are skills and communication platforms that the City should practice and enhance anyway.
• Have staff proceed independently with Safety Element and Environmental Justice Element updates for adoption or acknowledgement in place by November 2023.
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o This is a big task for staff, yet we can build on foundations pioneered in the Health and Wellness Element 2018 update to the General Plan. • Native American Tribal Consultations.
o Regulations require that these consultations be “government-togovernment.” (The consultant will provide technical direction to assist our efforts)
• Processing a Categorical Exemption for purposes of compliance with the California Environmental Quality.
Funding. In September of 2020, the City conpletedan application for and received a $65,000 LEAP Grant from the State of California for financial assistance in preparing the 6th Cycle Housing Element Update. The City’s application indicated that the full $65,000 would be used and that the Housing Element Update was anticipated to be completed for that amount. In this second request for proposals and prices, 4LEAF, Inc. initially offered a contract price of $81,320. This left us in a deficit of $16,320.
The City of Gonzales Community Development Director, in conferring with Mile Renner, as introduced above, will be taking a new approach to the CEQA Documentation necessary to approve a 6th Cycle Housing Element. With mutual concurrence, the consultant has dropped their CEQA compliance tasks from the Scope of Work and has agreed to a reduced price of $65,000 subject to the in-house staff tasks identified above. (A far cry from the additional $395,000 we originally thought). No additional funding appears necessary.
Attached to this staff report is a Resolution to rescind Resolution 2022-63 that authorized an Agreement between Harris and Associates for Initial Work on the City of Gonzales 6th Cycle Housing Element Update for the Period 2023-2031 and approves and authorizes a new agreement between 4LEAF, Inc. for Planning Services for the City of Gonzales 6th Cycle Housing Element Update for the Period 2023-2031.
The 4LEAF Scope of Work for Planning Services (Exhibit A and e-mail from Mike Renner) includes the completion of the 6th Cycle Housing Element, except the tasks detailed above that reflect the expected Community Development Department and City efforts in community outreach, internet and media, updating two companion General Plan elements, tribal consultation, and CEQA documentation. Staff is recommending that the Contract be constructed for a maximum of $65,000.
Consultant Experience. (Excerpted from the 4LEAF Proposal for Services). 4LEAF, Inc. (4LEAF) is a full-service municipal services firm with 21 years of professional experience and a growing Planning Division. Staff dedicated the City of Gonzales 6th Cycle Housing Element will primarily include Jane Riley, and Bret McNulty:
• Jane Riley, AICP: Jane has been preparing housing elements and housing policies and programs for 28+ years for communities ranging in size from under 10,000 to over 500,000. She is currently leading the 4LEAF team in the preparation of the City of San Marino and City of Santa Clarita Housing Elements and in addition to her housing element work, she has written housing and inclusionary ordinances and workforce housing programs. • Bret McNulty: Bret has over 21 years of Planning and Development services experience with 11 years between the County of Santa Barbara, the City of Sebastopol, and the County of Sonoma.
He has experience leading the preparation, adoption, and certification efforts for economic development and public outreach programs. He has managed and co-authored comprehensive plan and community plan updates for Orcutt, Los Alamos, and county-wide economic development study, development code amendments, design guidelines, and grant applications.
Staff has followed through with calling several of their professional contacts and has had several on-line computer and telephone conversations with the firm. All positive experiences to City staff.
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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: Getting underway with the 6th Cycle Housing Element, and its successful certification at the state level will facilitate a greater understanding of our citizens’ housing needs and how best to address income disparities, fairness and social equity in housing opportunities and local programs that may be crafted or revised. Additionally, a certified and timely Housing Element allows the City to continue to pursue state funding programs for transportation, infrastructure, and housing, uninterrupted.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ____ No____ N/A
Explain: The City of Gonzales can assign our existing $65,000 REAP funding resource to fund this effort. Staff will continue to pursue additional funding sources should they become available to better offset staff efforts.
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: Having gone out for a second effort at finding a better cost to complete the 6th Cycle Housing Element, city staff has reduced its potential unfunded consultant expenses from approximately $395,000 to $0. City staff has stepped up to demonstrate a local in-house effort at community outreach, communications, general plan updates, and CEQA review. Staff will work these items into the current tasks underway and on-going in the Community Development Department.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes No X N/A
• Housing X Yes No N/A
• Recreation Yes No X N/A
• Environment Yes No X N/A
• Education Yes No X N/A
Explain: See Vision explanation above.
ALTERNATIVES
Amend or modify staff recommendation.
BUDGET IMPACT
Presently the City has secured a $65,000 grant from the State of California. No additional budgetary impact for consultant services is foreseen at this time.
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CONCLUSION
Staff recommends that the City Council approve Resolution No. 2022-83, A Resolution of the City Council of the City of Gonzales rescinding Resolution No. 2022-63 that authorized an Agreement between Harris and Associates for Initial Work on the City of Gonzales 6th Cycle Housing Element Update for the Period 2023-2031, and approving and authorizing a new agreement between 4LEAF, Inc. for Planning Services for the City of Gonzales 6th Cycle Housing Element Update for the Period 2023- 2031.
Attachments:
1. Resolution No. 2022-83 w/ Agreement and Exhibts A & B
2. Resolution No. 2022-63 (Being Rescinded)
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RESOLUTION NO. 2022-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES RESCINDING RESOLUTION 2022-63 THAT AUTHORIZED AN AGREEMENT
BETWEEN HARRIS AND ASSOCIATES FOR INITIAL WORK ON THE CITY OF GONZALES 6TH CYCLE HOUSING ELEMENT UPDATE FOR THE PERIOD 2023-2031, AND APPROVING AND AUTHORIZING A NEW AGREEMENT BETWEEN 4LEAF, INC. FOR PLANNING SERVICES FOR THE CITY OF GONZALES 6
TH CYCLE
HOUSING ELEMENT UPDATE FOR THE PERIOD 2023-2031
WHEREAS, on September 6, 2022, staff brought before the City Council, Resolution 2022- 63 to execute a contract with Harris and Associates to begin work on the City’s Housing Element for $65,000; and
WHEREAS, the City has been awarded $65,000 through the State of California to reimburse city expenses in preparing an updated Housing Element; and WHEREAS, The Harris and Associates estimated cost to complete the Housing Element was ~$460,000, of which the city would need to find an estimated $395,000 to complete the 6 th
Cycle Housing Element; and
WHEREAS, following the September 6, 2022, City Council action to begin work on the Housing Element, the City learned that a neighboring city, Soledad was ready to award a 6th Cycle Housing Element contract for approximately $200,000; and WHEREAS, staff considered the matter of the lower price and determined that previous efforts at soliciting bids to prepare the 6th Cycle Housing Element Update may have been too narrow; and
WHEREAS, staff re-cast the Housing Element Update needs to a larger pool of contractors, and was more explicit in the City’s size and budget constraints to solicit a more affordable housing element contractor; and
WHEREAS, on September 27, 2022, staff distributed and circulated a “Second Request for Proposals for the 6th Cycle Housing Element Update for the Planning Period 2023-2031.” Staff posted the “job” on the Integrated Marketing Systems (IMS) Website and soon received queries; and
WHEREAS, by the closing date, October 18, 2022, staff had received three timely responses to the second request, including a second response from Harris and Associates. The budgets proposed by the three respondents are as follows:
• Harris & Associates $459,100 (unchanged from the first effort) • Placeworks $206,465 (the same firm that won the Soledad contract) • 4LEAF, Inc $81,320
WHEREAS, On Monday, October 31, 2022, staff called and met online with 4LEAF, Inc. to be introduced to their consultant team, talk through their experience and Housing Element accomplishments, price points, and what City efforts would be required to complete the effort; and
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning
WHEREAS, on November 15, 2022, the Community Development Director conferred with Mike Renner, the Executive Project Manager for 4LEAF named on the proposal to discuss aspects of the environmental review and further reducing City expenses to prepare for the Housing Element 6
th Cycle; and
WHEREAS, with mutual concurrence, the consultant dropped their CEQA compliance tasks from the Scope of Work and agreed to a reduced price of $65,000 subject to the in-house City staff tasks identified below:
• Providing the Community Outreach Lead.
• Providing dedicated website pages for the Housing Element preparation and interactive Facebook, social media, and press releases.
• Having staff proceed independently with Safety Element and Environmental Justice Element updates for adoption or acknowledgement in place by November 2023. • Native American Tribal Consultations.
• Processing a Categorical Exemption for compliance with the California Environmental Quality Act.
WHEREAS, The 4LEAF Scope of Work for Planning Services (Exhibit A and e-mail from Mike Renner) includes the completion of the 6th Cycle Housing Element, without the tasks detailed above that reflect the expected Community Development Department and City efforts.
NOW THEREFORE, BE IT HEREBY RESOLVED that the City Manager is authorized and further directed to prepare and execute an appropriate agreement between 4LEAF, Inc. for Planning Services for the City of Gonzales 6th Cycle Housing Element Update for the period 2023-2031 according to the attached Agreement and Scope of Work for Planning Services, Budget / Payment Schedule (Exhibit B).
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 5th day of December, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
_______________________________
Jose Rios, The Honorable Mayor
ATTEST:
__________________________
Mary Villegas, Deputy City Clerk
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning Consulting Services Agreement between December 5, 2022
City of Gonzales and 4LEAF Inc. Page 1 of 13
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF GONZALES AND 4LEAF INC.
Planning Services for the City of Gonzales
6th Cycle Housing Element for the Period 2023-2031.
THIS AGREEMENT for consulting services is made by and between the City of Gonzales ("City") and 4LEAF Inc. ("Consultant") (together sometimes referred to as the "Parties") as of December 5, 2022, (the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 31, 2024, 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 only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $65,000, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning Consulting Services Agreement between December 5, 2022
City of Gonzales and 4LEAF Inc. 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.
2.1 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 progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period; A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 <<Not Used>>
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever 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, Packet Pg. 24
Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning Consulting Services Agreement between December 5, 2022
City of Gonzales and 4LEAF Inc. Page 3 of 13
unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Any reimbursable expenses are included in the authorized contract amount and shall be approved by city staff in advance.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City.
Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a Packet Pg. 25
Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning Consulting Services Agreement between December 5, 2022
City of Gonzales and 4LEAF Inc. Page 4 of 13
self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an "occurrence" basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.
c. For any claims related to this Agreement or the work hereunder, the Consultant's insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning Consulting Services Agreement between December 5, 2022
City of Gonzales and 4LEAF Inc. Page 5 of 13
d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $2,000,000 covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of five years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.
4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A: VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant Packet Pg. 27
Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning Consulting Services Agreement between December 5, 2022
City of Gonzales and 4LEAF Inc. Page 6 of 13
beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e., limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Terminate this Agreement.
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning Consulting Services Agreement between December 5, 2022
City of Gonzales and 4LEAF Inc. Page 7 of 13
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, defend with counsel acceptable to City, indemnify, and hold City, its officers, employees, agents, and volunteers, harmless from and against any and all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, ("Claims"). Consultant will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly ("Liability"). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City.
With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the Indemnitees.
Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant's Failure to comply with any law(s) or Packet Pg. 29
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City of Gonzales and 4LEAF Inc. Page 8 of 13
regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
Packet Pg. 30
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8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, Packet Pg. 31
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records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Monterey or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
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City of Gonzales and 4LEAF Inc. 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.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant.
Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City’s Community Development Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Jane Riley, Director of Housing Policy
4LEAF Inc.,
JRiley@4Leafinc,com
Phone (707) 309-4775
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Any written notice to City shall be sent to:
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 Scope of Services (4LEAF Proposal 10/18/2022) (Modified 11/15/2022 by Michael Renner)
Exhibit B Budget / Payment Schedule (Modified 11/15/2022 by Michael Renner)
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Non-Responsibility for General Contractor Responsibilities and Duties. Unless otherwise agreed by City and Consultant in writing, nothing in Consultant's services shall be construed to mean that Consultant assumes any of the contractual responsibilities or duties of the general contractor. The general contractor is solely responsible for construction means, methods, sequences and procedures used in the construction of a project and for related performance in accordance with its contract with the City. The general contractor shall not be relieved of its responsibility for the safety of the workplace or for the method or manner of construction. The Consultant and its personnel have no authority to exercise any control over or charge of acts or omissions of the general contractor or their employees in connection with the construction work.
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The Parties have executed this Agreement as of the Effective Date.
CITY OF GONZALES 4LEAF Inc.
Carmen Gil Jane Riley
Interim City Manager Director of Housing Policy
Attest:
Mary Villegas, Deputy City Clerk
EXHIBIT A
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning
FOR THE
PROPOSAL TO PROVIDE
P L A N N I N G S E R V I C E S
CITY OF GONZALES
6TH CYCLE HOUSING ELEMENT
Submitted October 18, 2022
EXHIBIT A
Packet Pg. 36
Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning 1 3
7 9
16 17 APPENDIX
SECTION 2
SECTION 3
SECTION 1
SECTION 4
SECTION 5
RESUMES
SCOPE OF WORK
COVER LETTER
PERSONNEL
QUALIFICATIONS & EXPERIENCE
SCHEDULE & BUDGET
TABLE OF CONTENTS
EXHIBIT A
Packet Pg. 37
Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning
PROPOSAL TO PROVIDE
PLANNING SERVICES
FOR THE
CITY OF GONZALES 6TH
CYCLE HOUSING
ELEMENT
COVER LETTER
SECTION 1
EXHIBIT A
Packet Pg. 38
Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning Engineering • Construction Management • Inspection • Plan Check • Planning 2126 Rheem Drive • Pleasanton, CA 94588 • Phone (925) 462-5959 • Fax (925) 462-5958 8896 N Winding Way • Fair Oaks, CA 95628 • Phone (916) 965-0010 • Fax (916) 965-0013 City of Gonzales October 18, 2022
P.O. Box 647
147 Fourth Street
Gonzales, CA 93926
Attn: Taven M. Kinison Brown, Community Development Director RE: Proposal to Provide the City of Gonzales with Planning Services for the Sixth Cycle Housing Element Update (2023-2031).
Dear Mr. Brown,
4LEAF, Inc. (4LEAF) is pleased to present our proposal to provide Planning Services for the Sixth Cycle Housing Element Update for the City of Gonzales’s (City) 2023-2031 planning period. 4LEAF is a full-service firm with over 21 years of professional experience. We expand our services organically as client needs dictate and have been aggressively advancing our Planning Division over the past few years. Planning has become our fastest growing division and we look forward to adding the Housing Element Update for the City to our list of contracts. We can facilitate the Housing Element review and certification given our longstanding and excellent relationships with HCD staff. We are the ideal choice for the following reasons:
Our Team
Jane Riley, AICP: Jane has been preparing housing elements and housing policies and programs for 28+ years for communities ranging in size from under 10,000 to over 500,000. She is currently leading the 4LEAF team in the preparation of the City of San Marino and City of Santa Clarita Housing Elements and in addition to her housing element work, she has written housing and inclusionary ordinances and workforce housing programs.
Bret McNulty: Bret has over 21 years of Planning and Development services experience with 11 years between the County of Santa Barbara, the City of Sebastopol, and the County of Sonoma. He has a wealth of experience leading the preparation, adoption, and certification efforts for economic development and public outreach programs. He has managed and co-authored comprehensive plan and community plan updates for Orcutt, Los Alamos, and county-wide economic development study, development code amendments, design guidelines, and grant applications. Flexible Staffing Model
One of the biggest strengths of our team is in our depth and history of providing flexible-staffing options to our clients. By having 6 California offices and approximately 400 employees, 4LEAF has the dedicated resources to provide the appropriate levels of staffing to the task/work orders issued by the City. This positions our firm to provide a cost-efficient business model that allows our team to be budget-conscious while simultaneously serving each assignment. 4LEAF offers a comprehensive list of Planning Division personnel including Principal Planners, Senior Planners, Associate Planners, Assistant Planners, Planning Technicians, and Policy Planners.
EXHIBIT A
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning 2126 Rheem Drive • Pleasanton, CA 94588 • Phone (925) 462-5959 • Fax (925) 462-5958 8896 N Winding Way • Fair Oaks, CA 95628 • Phone (916) 965-0010 • Fax (916) 965-0013 Budget
Our team has taken into consideration the needs of the City as addressed in the RFP and has strategized how best to provide our services to assist the City. The total cost for our firm to complete all tasks outlined in the scope is $81,320.
Leadership
The contract with the City will be managed by Jane Riley, AICP and the contact who will handle contractual details will be Michael Renner, CBO. Both Jane and Michael have worked successfully with many cities and counties throughout California.
Executive Project Manager Project Manager/
Director of Housing Policy
4LEAF
Headquarters
Michael Renner, CBO
Office: (925) 462-5959
Cell: (925) 785-3581
Email: [email protected]
Jane Riley, AICP
Office: (925) 462-5959
Cell: (707) 309-4775
Email: [email protected]
2126 Rheem Drive
Pleasanton, CA 94588
Office: (925) 462-5959
Website: 4LEAFINC.COM
As President of 4LEAF, I am authorized to bind the firm. We appreciate the opportunity to submit our qualifications to the City and can commit to the availability of the proposed staff to work on this project throughout its duration. Should the City have any questions or concerns, please do not hesitate to contact us.
Respectfully submitted,
Kevin J. Duggan
President
EXHIBIT A
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning
PROPOSAL TO PROVIDE
PLANNING SERVICES
FOR THE
CITY OF GONZALES 6TH
CYCLE HOUSING
ELEMENT
QUALIFICATIONS & EXPERIENCE
SECTION 2
EXHIBIT A
Packet Pg. 41
Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning
Proposal to Provide a Planning Services for the 2023-2031 Housing Element Update to the City of Gonzales Page 3 Section 2: Qualifications & Experience October 18, 2022 SECTION 2: QUALIFICATIONS & EXPERIENCE
KEY STAFF
PROJECT UNDERSTANDING
The key to effective preparation and certification of the 6th cycle Housing Element Update will be successfully navigating the large new RHNA numbers and all the new state laws, including 1,266 (Affirmatively Furthering Fair Housing) and AB 1397, which imposes stringent new requirements on sites to be included in inventory; and SB 166, the No Net Loss law which will require that the City has enough properly zoned sites throughout the planning period. The 4LEAF team has already been working with these new requirements in the preparation of 6th Cycle housing elements and can effectively guide the City’s update process. We have designed and implemented effective and equitable community outreach plans that can be carried out in a hybrid fashion to both reach our disadvantaged communities and comply with local health orders while avoiding the digital divide. 4LEAF was founded and built to serve the varied needs of public agencies. Because we come from public service, we understand the needs of public agencies. We realize that budgets and staffing are always a challenge. This is why 4LEAF is so willing to explore opportunities for costs savings with our clients. Our flexibility is key to our ability to provide our public agency clients with services that are truly responsive to their needs.
We understand that the City is looking for a consultant that can provide quality work in response to this RFP at a reasonable price. We have taken into consideration that the City has a severe shortage of housing of all types and for all income ranges and there has not been a multi-family housing project built since 2008 and no single-family housing projects since 2006. We acknowledge that while a number of important housing issues will need to be considered and addressed through the update process, the most significant work effort is expected to be identifying how the City can meet the assigned RHNA based on an updated housing opportunity site inventory while addressing fair housing requirements.
Our team has reviewed the City’s approaches and will do our best to address these needs by:
• Conducting background research and drafting the City’s Housing Needs Assessment and to ensure this Housing Element Update is affirmatively furthering fair housing. • Assessing the City’s existing housing opportunity sites to determine their appropriateness under the mandates and restrictions required for the next housing element cycle, including identifying certain desirable properties for potential to comply with the State’s requirements for “re-use” of these sites. • Identifying potential new housing opportunity sites and whether it is necessary to re-zone individual properties to meet the 6th cycle mandates and the City’s RHNA. • Conducting public outreach and engagement on the potential land use changes for these parcels to identify and discuss the community concerns regarding the implications of rezoning these properties. • Drafting of the housing element and CEQA documents themselves.
Project Manager / Dir., Housing Policy
Jane Riley, AICP
(707) 309-4775
[email protected]
Planning Manager
Bret McNulty
(925) 462-5959
[email protected]
Associate Planner
Elliott Pickett
(925) 462-5959
[email protected]
EXHIBIT A
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning Proposal to Provide a Planning Services for the 2023-2031 Housing Element Update to the City of Gonzales Page 4 Section 2: Qualifications & Experience October 18, 2022
SIMILAR PROJECTS
City of Santa Clarita
Housing and Safety Element Updates
4LEAF was chosen to perform the Housing and Safety Updates for the City of Santa Clarita, located in Southern California. The City is taking a proactive approach to smart, balanced growth of residential, commercial, and business park land uses. The City encompasses over 70 square miles and has a population of approximately 225,000 residents. The current number of housing units within the City is approximately 77,815. For this project, 4LEAF has 4 planners assigned to work on the City’s Housing Update for the 2021-2029 planning cycle with completed certification by the California Department of Housing and Community Development (HCD) pending. The Safety Element update was completed and adopted in early 2022.
The City chose 4LEAF because our team of professional Planners have an established working relationship with HCD and a familiarity with State housing law. Our team has demonstrated the ability to be proactive in maintaining communication, meeting deadlines, and addressing SB 379 (requiring all cities to include climate adaptation and resiliency strategies in the General Plan’s Safety Element in conjunctions with the next Housing Element Update). 4LEAF teamed with Rincon Consultants, Inc. to provide CEQA services. Together, our teams have worked with City staff to ensure consistency between Elements and meet legal requirements.
Our services for this project include:
Public workshops and community outreach efforts
Hard-reach-community outreach and Spanish
translation of all public documents
Data collection
Drafting the Housing Element
Housing Sites Inventory
Presentations
Attending and participating in Planning Commission
and City Council meetings
Contact Information:
James Chow
Senior Planner
(661) 255-4330
[email protected]
EXHIBIT A
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning Proposal to Provide a Planning Services for the 2023-2031 Housing Element Update to the City of Gonzales Page 5 Section 2: Qualifications & Experience October 18, 2022 City of Rohnert Park
6th Cycle Housing Element Update
4LEAF was chosen to perform the Housing Update for the City of Rohnert Park, located in Northern California. The City has a RHNA of approximately 1,580 units compared to 899 units in RHNA Cycle 5, representing a 76% increase from the last Planning cycle. To ensure an adequate inventory of viable sites, the 6th cycle housing element update necessitates rezoning in targeted areas. We currently have five (5) 4LEAF Planners assigned to work on this endeavor including one (1) Principal Planner, two (2) Senior Planners, and two (2) Associate Planners.
The City chose 4LEAF because our team of professional Planners have an established working relationship with HCD and a familiarity with State housing law. Our team has demonstrated the ability to be proactive in maintaining communication, meeting deadlines, and addressing all of the new statutory requirements.
4LEAF teamed with Rincon Consultants, Inc. to provide CEQA review services. Together, our teams work with City staff to ensure consistency between Elements and meet legal requirements. Our team will recommend revisions where necessary to comply with State laws and provide resources wherever possible.
Our services for this project include:
Project management
Community outreach and engagement
Housing Element preparation
CEQA compliance
Contact Information:
Jenna Garcia
Housing Administrator
(707) 588-2238
[email protected]
EXHIBIT A
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning Proposal to Provide a Planning Services for the 2023-2031 Housing Element Update to the City of Gonzales Page 6 Section 2: Qualifications & Experience October 18, 2022 City of Cloverdale
6th Cycle Housing Element Update
4LEAF was chosen to perform the Housing Update for the City of Cloverdale, located in Northern California. The updated Housing Element will need to address the requirements of State law, including recent changes regarding the analysis of sites and zoning-related requirements for housing entitlements. We currently have three 4LEAF Planners assigned to work on this endeavor including one (1) Principal Planner and two (2) Associate Planners.
Our services for this project include:
Project management
Community outreach and engagement
Housing Element preparation
RHNA transfer associated with annexations
CEQA compliance
Native American Tribe Consultation
Contact Information:
Rafael Miranda
Associate Planner
(707) 894-2521
[email protected]
EXHIBIT A
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning
PROPOSAL TO PROVIDE
PLANNING SERVICES
FOR THE
CITY OF GONZALES 6TH
CYCLE HOUSING
ELEMENT
PERSONNEL
SECTION 3
EXHIBIT A
Packet Pg. 46
Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning Proposal to Provide a Planning Services for the 2023-2031 Housing Element Update to the City of Gonzales Page 7 Section 3: Personnel October 18, 2022
SECTION 3: PERSONNEL
Jane Riley, AICP | 4LEAF Project Manager, Director of Housing Policy Jane is an experienced AICP-certified planning manager with a proven history of advancing successful planning and housing policy initiatives. She served on the Housing Methodology Committee for ABAG and is driven to find effective ways to solve the housing crisis using her 30 years of experience. Her goal is to assist local agencies with the preparation of statecertified Housing Elements that meet community needs and statutory objectives. Jane has worked on Housing Elements since the 2nd Cycle; she led the 4th and 5th Cycle Housing Elements for the County of Sonoma and currently leads the 6th Cycle Updates for the cities of Santa Clarita, Cloverdale, Sebastopol, Cotati, Rohnert Park, and Healdsburg as well as for the County of Sonoma.
Bret McNulty | Planning Manager
Bret has over 21 years of planning and development services experience with 11 years between the County of Santa Barbara, the City of Sebastopol, and the County of Sonoma. He has a wealth of experience leading the preparation, adoption, and certification efforts for economic development and public outreach programs. He has managed and co-authored comprehensive plan and community plan updates for Orcutt and Los Alamos, with experience in economic development studies, development code amendments, design guidelines, and grant applications.
Elliott Pickett | Associate Planner
Elliot is an Associate Planner with a degree in Geography, Environment, and Planning for sustainable communities. He has experience with CEQA, safety elements & LHMPs, land use elements, and climate change. Elliott serves on our Affirmatively Furthering Fair Housing (AFFH) team and is fully adept at using ArcGIS to analyze appropriate housing inventory sites with a fair housing lens. Elliott leads our intern team and is driven to find equitable, sustainable solutions to California’s housing crisis.
Luke Lindenbusch | Policy Planner
Luke is a diligent Housing Policy Planner, organizer, and nonprofit specialist with extensive knowledge of campaign management, public health, and city planning. Luke is especially talented in implementing community engagement strategies involving both field and digital campaigns effectively and with innovation. He also has experience in affordable housing programs, application management, and income and program eligibility assessment.
Denise Truong | Assistant Planner
Denise has over seven years of valuable impact analysis knowledge and municipal experience, and her dynamic personality enables her to adapt to multidisciplinary environments. Denise carries a diverse range of beneficial knowledge regarding statewide policies on water quality, sea level rise, housing identity, public access utilizing the Coastal Act, the California Eelgrass Mitigation Policy, and beyond.
EXHIBIT A
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning
Proposal to Provide a Planning Services for the 2023-2031 Housing Element Update to the City of Gonzales Page 8 Section 3: Personnel October 18, 2022
TEAM ORGANIZATION
Michael Renner, CBO
Executive Project Manager
Additional Planning Staff Available
Daniel Hortert, AICP
Shaveta Sharma
Melissa Chan
Waqar Shah
Tara Hullinger
Adrianna Ortiz
Aakash Shah
Eric Moland
Jason Neuman
Diana Sherin
Christopher Smith
Nick Bateman
Susan Tebo
Amalia Merino
Denise Truong
Samuel Fluhmann
Nejat Kadir
Karna Wong, AICP
Erica Fraser
Emma Quillen
Jane Riley, AICP
Project Manager/
Director of Housing Policy
Bret McNulty
Planning Manager
Elliott Pickett
Associate Planner
Luke Lindenbusch
Policy Planner
Denise Truong
Assistant Planner
EXHIBIT A
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning
PROPOSAL TO PROVIDE
PLANNING SERVICES
FOR THE
CITY OF GONZALES 6TH
CYCLE HOUSING
ELEMENT
SCOPE OF WORK APPROACH
SECTION 4
EXHIBIT A
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning
Proposal to Provide a Planning Services for the 2023-2031 Housing Element Update to the City of Gonzales Page 9 Section 4: Scope of Work Approach October 18, 2022
SECTION 4: SCOPE OF WORK APPROACH
On October 12, 2022, the City received its Final Regional Housing Needs Allocation (RHNA) from the Association of Monterey Bay Area Governments (AMBAG) for capacity to accommodate 1,266 new housing units for the 2023- 2031 Housing Element Update. Anticipating the 6th cycle planning period (2023- 2031), the City of Gonzales (City) is seeking proposals from a qualified consultant to complete a Housing Element Update and necessary environmental review. 4LEAF, Inc. can provide the City with the requested Housing Element Update and the required California Environmental Quality Act (CEQA) documentation. Our Housing team’s proposed approach to this work is outlined below.
4LEAF understands the City is built out within the limits of the existing General Plan and that the City anticipates that two significant annexation proposals for the Vista Lucia and Puente del Monte Specific Plans Combined, these annexations will result in the addition of housing development capacity sufficient to meet the City’s 6th Cycle RHNA and beyond.
The 4LEAF team understands the City’s goal for this project is to ensure prudent and necessary use of public funds resulting in adoption of an effective, compliant, and defensible Housing Element. Our housing team has an extensive public sector background and respects and completely supports City staff in their desire for principled and accountable City governance. To this effect, our team has crafted this this scope of work to ensure each task is justifiably included to ensure work products are necessary, timely, and effective.
In response to the request that the scope of work identifies budget efficiencies, 4LEAF has identified opportunities to support City staff conducting public outreach by providing surveys crafted to connect to the Gonzales community. The Vista Lucia and Puente del Monte projects represent a majority of the housing development potential to address the new RHNA and will provide environmental review pursuant to CEQA and separate from the Housing Element Update. Based on conversation with City staff, 4LEAF will work with City staff to identify an appropriate CEQA approach for environmental review of the housing element programs.
WORK PLAN
Task 1. Project Kick-off
4LEAF will schedule a kick-off meeting with the City to discuss project expectations regarding coordination, reporting, deliverables, and all other relevant project information. Expectations of all parties will be outlined, and available staff time will be discussed. City staff are requested to provide certain information to assist 4LEAF in updating the Housing Element. A sample Information Request Checklist is included as Attachment 1 to this Scope of Work.
Task 1.1. Project Schedule
4LEAF will work with City staff to finalize a project schedule within two weeks of the kick-off meeting that includes tasks and milestones for adoption and final submittal of a California Department of Housing and Community
EXHIBIT A
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Proposal to Provide a Planning Services for the 2023-2031 Housing Element Update to the City of Gonzales Page 10 Section 4: Scope of Work Approach October 18, 2022
Development (HCD) reviewed Housing Element by December 31, 2023. The schedule will include project completion milestones and timelines as well as community outreach meetings, hearings, and reviews by both the City and HCD.
Task 2. Project Management
The most essential element of Project Management is ongoing communication. 4LEAF staff put communication with City staff at the forefront of everything we do. We understand the needs of local government because we come from local government.
Task 2.1. Project Coordination
4LEAF will meet regularly with City staff to ensure objectives and milestones are being achieved. 30-minute biweekly check-in meetings are recommended and an agenda, summary, and email updates with a list of action items will be sent to City staff around each meeting.
Task 3. Community Outreach and Engagement
4LEAF understands the City Manager and Planning Department staff will take the lead conducting public outreach for this project due to the unique and positive nature of public engagement in the City. 4LEAF will provide recommendations and support for the outreach based on our experience updating Housing Elements for other jurisdictions and HCD feedback received to date on 6th cycle update efforts. We have created an innovative outreach strategy that meet the needs of each community we serve. We can assist City staff in their outreach to community members and encourage them to participate in the manner and language which makes them the most comfortable. The increased use of technology-assisted community engagement has placed a greater emphasis on the need to overcome the digital divide for our community members without access. 4LEAF will ensure that participation by cell phone is possible and encouraged so that internet access is not required. 4LEAF will participate in community group meetings and assist with the City’s engagement efforts.
After meeting with staff and key community groups, 4LEAF willsupport staff initiating the community engagement effort by advising in the development and refining of a Community Engagement Plan that will educate, inform, and gain meaningful input from a broad and diverse range of groups and populations in the City of Gonzales.
Community engagement will focus on the community at-large, directly affected stakeholders (including property owners, businesses, residents, and interest groups), and civic decision-makers. This City-led effort will be supported by 4LEAF and designed to build collaborative interest, identify common values and goals in the project direction given the diverse group of local stakeholders, and to bring new participants into the conversation.
A particular focus of the community engagement and outreach plan will be to the Spanish-speaking community and hard-to-reach populations to ensure that they have every opportunity to participate in the language they are most comfortable with. Because the Census determined almost 92% of the City’s population is of Hispanic origin, this outreach will be especially important. 4LEAF staff include fully bilingual, culturally aware professionals who are passionate about inclusive community outreach. Somos el equipo que quieren para la comunidad entera.
EXHIBIT A
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Proposal to Provide a Planning Services for the 2023-2031 Housing Element Update to the City of Gonzales Page 11 Section 4: Scope of Work Approach October 18, 2022
Task 3.1. Housing Element Virtual Workshops and Online Surveys Community workshops are a critical step in gaining a candid understanding of conditions and issues from a variety of perspectives. Information gained during the workshops will be used to identify key issues to be addressed and to help 4LEAF understand the specific values and needs of the community. 4LEAF will prepare the City to lead a series of community workshops at key points in the Housing Element Update process. Suggested public workshops and meetings are outlined below:
• Initial Planning Commission Public Workshop #1: Housing Elements, RHNA, New Laws (virtual). An example presentation by 4LEAF staff can be found here. This workshop will include public input and participation focused on issue identification as well as housing needs and opportunities. • White Board videos introducing the Housing Element process to the public. These would be provided in both English and Spanish and would be made available on the City’s website. • Community opinion survey (see below)
• Community Workshop #2 (Joint Commission/Council): Draft Housing Strategy and Sites As part of the early public outreach efforts, 4LEAF will assist in designing a community opinion survey for City release. The survey will be conducted in Survey Monkey or a similar online format where residents can use their cellphones to participate whether they have internet or not. 4LEAF requests that the City establish a dedicated website and email address for the Housing Element Update and include links to the surveys (English and Spanish) on that website as well as on the City’s social media channels and in a press release.
Task 3.2. Open House/Community Workshop #3
Following the receipt of the City’s comments on the Administrative Draft Housing Element, a Public Review Draft (Task 4.5, below) will be presented to the community at an in-person Open House in a location hosted by the City or local community group(s). Comments will be summarized and addressed in the Adoption Draft Housing Element.
Task 3.3. Concurrent Stakeholder Survey and Interviews
Concurrent with the outreach activities above, 4LEAF will work with City staff to develop an online survey for stakeholders to invite their participation in the Housing Element update process. Invitations to the survey will be sent to service and housing providers and will prioritize the needs and priorities of special needs groups (seniors, disabled, large households, disadvantaged, single-parent households) and other at-risk populations. Additionally, 4LEAF will conduct up to three stakeholder interviews or small group meetings.
Task 3.4. HCD Review and Adoption Hearings
Following the incorporation of public comment following the mandatory 30 day public review phase, 4LEAF will prepare HCD Review Draft Housing Element (Task 4.5, below) prior to submittal to HCD for their mandatory 90- day review. Changes requested by HCD will be incorporated into the Draft Housing Element in redline (track changes) to ensure transparency. The Adoption Draft Housing Element (Task 4.6, below) will be presented to the Planning Commission and City Council for consideration and adoption. This Scope anticipates a single round of HCD review and conditional approval prior to adoption of the Housing Element. 4LEAF will participate in up to two adoption hearings.
EXHIBIT A
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning
Proposal to Provide a Planning Services for the 2023-2031 Housing Element Update to the City of Gonzales Page 12 Section 4: Scope of Work Approach October 18, 2022
Task 4. Housing Element Preparation
Based on 6th cycle housing element work in other communities, 4LEAF has included the following sub-tasks to help inform the process. Preparation of the Housing Element itself will begin with a preliminary sites inventory analysis so that staff can be apprised of any additional zoning actions that may be required to achieve compliance.
Following this work, a Draft Housing Strategy will be prepared for public and review and Commission/Council direction. The Housing Strategy will become the Policies & Programs (Section 2) of the Housing Element.
Task 4.1 Sites Inventory Analysis
Beginning with the City’s existing inventory sites list, 4LEAF will determine if existing inventoried sites must be rezoned to be utilized again and will compile a preliminary inventory of sites that could potentially be utilized with existing zoning to fulfill inventory requirements in compliance with Government Code §65583.2 and AB 1397, as well as with the new AB 686 Affirmatively Furthering Fair Housing requirements. 4LEAF will then project annual ADU creation for the 6th Cycle based on recent permitting, recent ADU affordability levels, and any new ADU Programs to promote and incentivize ADU development. Once this has been completed, 4LEAF will determine the RHNA surplus. Because AB 686 requires consideration of any areas of socioeconomic or ethnic concentration in identifying where new affordable housing should go, it will be important to designate neighborhoods of the highest opportunity for the placement of some of the affordable housing in the Specific Plan areas.
Task 4.2 Draft Housing Strategy
4LEAF will compile the Draft Housing Strategy following collection of public input, community surveys, and analysis of data and constraints. The Strategy will build on the City’s existing Housing Element Goal areas and expand objectives, policies, and programs to meet changing demographics and statutory requirements. An Administrative Draft Housing Strategy will be prepared for staff review prior to being made available to the public for Community Workshop #2 as set forth in Task 3 above. The Draft Housing Strategy will contain the City’s Housing Goals, Policies, Programs, and Quantified Objectives. The Draft Housing Strategy will form Section 2 (Housing Goals, Policies, Programs and Quantified Objectives) of the Housing Element.
Task 4.3. Administrative Draft Housing Element
After feedback and direction on the Housing Strategy and the Sites Approach have been provided, 4LEAF will compile an Administrative Draft Housing Element for staff review. The Scope and budget assume a single round of non-conflicting comments will be provided from staff on the Administrative Draft; staff comments on Sections 2 and 3 (below) will have already been provided under Tasks 4.1 and 4.2.
Because of the anticipated use of an AMBAG-prepared data package and the City’s desire that the Housing Element be easily readable and understandable by the public, the format for the new Housing Element will be updated as follows:
• Section 1: This section will include summary information and will emphasize the City of Gonzales’s unique attributes and challenges, as well as its changing demographics and identified housing needs. A summary of the AB 686 requirements to further fair housing will be included in this Section, as well as an analysis of the City’s success in implementing its 2015 Housing Element. Public outreach and participation will be provided in this section, along with a summary of community survey results. Housing issues facing the City, a summary
EXHIBIT A
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of constraints, the City’s progress in implementing the prior Housing Element (including lessons learned) and a summary of available resources will also be provided within this introductory and overview section. • Section 2: This section will be the City’s Housing Strategy comprised of the City’s Housing Goals, Policies, Programs, and Quantified Objectives. This is the policy “meat” of the document and will be drafted following input from public engagement, data analysis, and stakeholders. • Section 3: This section will contain the housing sites information with a summary analysis of environmental and infrastructure factors that may affect development on identified sites, as well as a calculation of realistic development potential for each site or group of sites in inventory. While 4LEAF will also complete the necessary electronic HCD inventory forms, the tables in the Housing Element will be less complex than those submitted electronically to ensure clarity and conciseness in the Housing Element document itself. • Section 4: This section will be a Technical Background Report (TBR) and will contain the anticipated AMBAGprovided data set in its entirety, as well as supplemental information and data related to the AB 686 analysis, full community survey results, technical analysis of any identified environmental or infrastructure issues that may impact housing development; the full constraints analysis with the data from the subregional collaborative efforts; and any other information collected that will assist in telling the City of Gonzales story.
Task 4.4 General Plan & Specific Plan Consistency
This task will include assisting staff in identification of other General Plan text and/or mapping updates or revisions that may be needed to ensure consistency with the updated Housing Element. It assumes that the draft Safety Element and Environmental Justice Element, if required, will be adopted by end of 2023.
Task 4.5 Draft Housing Element
Following the City’s review of the Administrative Draft, 4LEAF will incorporate comments into a Draft Housing Element and deliver a final screen check draft electronically for City’s review before preparing the Draft for public review and the statutory 60-day HCD review.
Task 4.6 Adoption Draft Housing Element
4LEAF will facilitate HCD’s review by completing a checklist denoting for HCD staff which pages of the HCD Review Draft Housing Element each of the statutory requirements can be found on. We will work closely with HCD and with City staff to ensure that HCD’s questions, clarifications, and comments are addressed during the HCD review period. 4LEAF has excellent relationships with HCD staff and will facilitate review throughout the Housing Element Update process.
Task 4.7 Final Housing Element (Adopted)
Following City Council adoption, 4LEAF will revise the Housing Element to include any revisions directed by the Council and prepare the Adopted Housing Element for transmittal to HCD for certification and will provide any supporting information requested by HCD. Important note: To receive certification, the adopted Housing Element must be substantially the same as the HCD-reviewed Draft Housing Element and include their recommended changes. Should the City not wish to make the changes recommended by HCD, a different approval process and specific findings would need to be made by City Council. This alternative is not included in the project scope and budget.
EXHIBIT A
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning
Proposal to Provide a Planning Services for the 2023-2031 Housing Element Update to the City of Gonzales Page 14 Section 4: Scope of Work Approach October 18, 2022
Task 5. CEQA Compliance
Pursuant to the City’s effort to realize cost effective review, 4LEAF reviewed the “three step process” described in CEQA Guidelines §15002 (General Concepts) and §15061 (Review for Exemptions) and determined that an Initial Study and CEQA Negative Declaration (ISND) should be prepared to satisfy the California Environmental Quality Act (CEQA). To the extent possible, the CEQA review will rely on existing environmental documentation and technical studies prepared for the project area, including the General Plan EIR; the CEQA documents prepared for the annexation of the Vista Lucia and Puente del Monte Specific Plan Areas; and any associated technical studies.
This scope of work assumes the City will lead Task 5.3 Native American Tribal Consultation with support from 4LEAF and to realize cost savings. CEQA documentation will consist of the following tasks:
Task 5.1 Project Description
4LEAF will prepare a thorough and succinct project description that explains the proposed changes to the Housing Element and support City approval of a CEQA Negative Declaration for the update pursuant to CEQA Guidelines §15025(1)(b). The project description will provide summary text, tables, and graphics necessary to facilitate a thorough understanding of the proposed project. Tables and graphics will be prepared where needed to illustrate clearly any changes proposed by the Housing Element Update.
As part of this task, the housing team will work with staff to collect any additional materials available for the proposed Housing Element update, including relevant planning documents, technical analyses prepared by the City, and summarizesrecent environmental documentation prepared forthe Specific Plan areas and other projects in the area. We will then prepare a detailed project description, for review by the City and project team. We will provide the City with an electronic version of the draft project description for review. Upon City approval of the draft project description, 4LEAF will prepare the IS/ND.
Task 5.2 Initial Study and Negative Declartion
4LEAF recommends that an Initial Study and Negative Declaration pursuant to CEQA Guidelines §15063 is the appropriate environmental documentation for the City of Gonzales 6th Cycle Housing Element Update as it will allow the City to adopt prepare a Negative Declaration if there is no substantial evidence that the Housing Element Update project may cause a significant effect on the environment.
The purposes of an Initial Study are to:
(1) Provide the Lead Agency with information to use as the basis for deciding whether there is ample support in the public record to support a Negative Declaration and that adequate environmental review has been conducted for actual planned housing development in the City in the Specific Plan area EIRs. (2) Enable the City as the CEQA Lead Agency to modify the project, mitigating adverse impacts and thereby enabling the project to qualify for a ND as detailed in CEQA Guidelines 4LEAF will prepare the Findings in support of the ND as supported by data and analysis. 4LEAF shall submit electronic copies of the Admin Drafts in both Word and PDF formats.
EXHIBIT A
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Proposal to Provide a Planning Services for the 2023-2031 Housing Element Update to the City of Gonzales Page 15 Section 4: Scope of Work Approach October 18, 2022
Task 5.3 Native American Tribal Consultation
4LEAF will assist the City in conducting a government-to-government tribal consultation in accordance with Assembly Bill 52 of 2014 (AB 52) and Senate Bill 18 of 2004 (SB 18). To realize additional scope savings, City staff will prepare AB 52 and SB 18 specific letters and submitting a Native American Heritage Commission Sacred Lands File SB 18 search request as needed. This scope of work assumes the City will lead any tribal outreach and meetings to conduct Task 5.4 Native American Tribal Consultation meeting to realize cost savings and receive technical guidance from 4LEAF.
EXHIBIT A
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning
PROPOSAL TO PROVIDE
PLANNING SERVICES
FOR THE
CITY OF GONZALES 6TH
CYCLE HOUSING
ELEMENT
SCHEDULE & BUDGET
SECTION 5
EXHIBIT A
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning Principal Senior Associate Assistant Admin Support
$180 $150 $120 $100 $60
1.0 Project Initiation
1.1 Kick-off meeting 12/1/22 12/1/22 1 0 1 0 1 3
1.2 Project Schedule 12/1/22 12/15/22 1 1 4 0 1 7
2.0 Project Management
2.1 Ongoing Project Coordination 11/15/22 1/30/24 24 10 20 0 8 62
3.0 Community Outreach & Engagement
3.1 Virtual Workshops & Survey 1/3/23 3/10/23 4 6 12 10 0 32
3.2 Open House 6/21/23 7/11/23 2 2 6 6 0 16
3.3 Stakeholder Survey & Interviews 1/15/23 6/9/23 6 8 10 12 0 36
3.4 Study Session and Hearings 4/26/23 12/30/23 8 10 12 6 0 36
4.0 Housing Element Preparation
4.1 Preliminary Sites Inventory Analysis 11/15/22 3/17/23 2 0 2 6 0 10
4.2 Draft Housing Strategy 11/21/22 4/14/23 10 4 38 20 4 76
4.3 Admin Draft Housing Element (includes
City review) 4/14/23 5/26/23 26 4 50 40 2 122
4.4 General Plan Consistency 4/10/23 4/12/23 6 0 6 4 0 16
4.5 Draft Housing Element (includes 90
days HCD review) 4/13/23 9/1/23 10 4 10 10 20 54
4.6 Adoption Draft Housing Element 10/1/23 11/11/23 10 4 20 4 2 40
4.7 Final Housing Element (adopted) 11/11/23 12/19/23 4 4 4 0 2 14
5.0 CEQA Compliance
5.1 Native American Tribal Consultation 1/21/23 1/22/23 1 1 1 0 0 3
5.2 Project Description 2/22/22 3/22/22 4 6 8 2 0 20
5.3 Admninistrative Draft IS/MND 3/22/22 5/22/22 4 12 16 22 0 54
5.4 Public Review Draft 6/22/22 8/22/22 2 6 6 10 4 28
5.5 Final IS/MND 9/28/23 12/2/22 2 4 4 0 2 12
127 86 230 152 46 641
$22,860 $12,900 $27,600 $15,200 $2,760 $81,320 Totals (hours and budget) Gonzales Housing Element Update Schedule & Budget Estimate - 4LEAF, Inc.
Task # Task Description Start End Hrs/Task
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PROPOSAL TO PROVIDE
PLANNING SERVICES
FOR THE
CITY OF GONZALES 6TH
CYCLE HOUSING
ELEMENT
RESUMES
APPENDIX
EXHIBIT A
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning Jane Riley, AICP
Project Manager/Director of Housing Policy
1 of 2
1 of 2
Experience Summary
Jane is an experienced AICP-certified planning professional with a proven history of moving forward successful planning and housing policy initiatives. She has lived and worked in Sonoma County for more than 30 years and cares deeply about her community. She has many years of experience in both project review and comprehensive planning.
Jane has a wealth of experience leading the preparation, adoption, and certification efforts for a variety of comprehensive planning documents, including Housing Elements. As the lead staff for the Napa-Sonoma Collaborative, she has led multiple subregional initiatives and is a respected collaborator for the 16 member jurisdictions. Jane has managed efforts to adopt inclusionary and workforce housing programs, created a variety of zoning programs to implement housing and land use policies, and directed progressive and award-winning housing programs.
Select Project Experience
4LEAF, Inc. – Santa Rosa, CA
Director of Housing Policy
2020 - Present
Jane is our lead in the preparation of Housing Elements and other long-range planning efforts. She supervises and participates in advanced, highly complex professional planning activities and oversees difficult and sensitive professional planning projects. In addition to policy creation and analysis, she ensures compliance with statutes, oversees specialized planning functions, and provides overall management of planning issues. To date, she has led our 6th Cycle Housing Element initiatives for the County of Sonoma (partnered with Rincon) and cities of Sebastopol, Rohnert Park, Cloverdale, Cotati, Healdsburg (partnered with EPS), San Marino and Santa Clarita.
County of Sonoma – Santa Rosa, CA
Planning Division Manager
2017 - 2021
Supervising Planner
2015 - 2017
Jane performed a variety of complex professional planning and development work and provided professional information and assistance to the Department, the Planning Commission, the City Council, Experience
30+ years
Education
MA, Housing & Community Development
(Interdisciplinary Studies)
BA, Environmental Studies & Planning
Management Certificate
University of the Pacific
Certifications
AICP
Awards
APA California Chapter Opportunity &
Empowerment Award of Merit, 2019
California State Association of Counties
Challenge Award, 2017
California Planning Director’s Association
Recognition Award, 2016
EXHIBIT A
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Jane Riley, AICP
developers, contractors, and the public. Additional responsibilities included oversight of planning staff. performing long-range and special planning projects, managing planning policy initiatives, preparing reports, presenting to boards and commissions, and processing complex planning applications while supervising and mentoring planning staff.
Housing Planner
2003 – 2015
In her first role with the County, Jane focused on advancing land use and regional housing policy initiatives, implementing State laws including housing laws via zoning code updates, managing the County’s housing program, applying for and administering State and Federal grants, creating annual and quarterly monitoring reports, and taking the lead role in creating coordinated area plans. She implemented statemandated housing requirements, processed housing development projects, led public workshops, prepared housing element updates and directed consultants, and managed housing programs based on the regional housing needs allocation process and complexities surrounding production.
City of Sebastopol – Sebastopol, CA
Associate Planner
1994 - 2002
In her 8+ years with the City, Jane’s main responsibilities as an Associate Planner included:
• Developing studies and reports to support new and updated plans, programs, and regulations • Reviewing and assisting in the review of moderately difficult development proposals and site plans for conformance with codes, plans, and regulations • Preparing and presenting detailed reports on development proposals to government bodies • Collecting a variety of statistical data and preparing reports and maps on topics such as census information, land use, tax base data, and occupancy rates • Evaluating or assisted in the evaluation of re-zonings, ordinance and General Plan amendments, site plans, special use permits, variances, and other proposals • Acting as liaison between community groups, government agencies, developers, and elected officials in developing neighborhood plans
• Coordinating community review of public and private development projects • Making presentations to boards, commission, and interest groups
EXHIBIT A
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning Bret McNulty
Planning Manager
1 of 2
Experience Summary
Bret has over 21 years of planning and development services experience with 11 years between the County of Santa Barbara, the City of Sebastopol, and the County of Sonoma. He has a wealth of experience leading the preparation, adoption, and certification efforts for economic development and public outreach programs. He has managed and coauthored comprehensive plan and community plan updates for Orcutt, Los Alamos, and county-wide economic development study, development code amendments, design guidelines, and grant applications.
Bret is an exceptional team member who takes initiative in any project/task he is involved in. He has extensive experience administering and managing regulatory document preparation including creating and updating land development ordinances, comprehensive and general plans, traditional and form-based coding, and development agreement negotiations. His professionalism, organizational skills, and quality work ethic make him a great asset to any team.
Select Professional Experience
4LEAF, Inc.
Planning Manager
2022 - Present
Bret is our lead in planning projects that require an expert hand in General Updates and Housing Elements.
He supervises and participates in advanced, highly complex professional planning activities and performs complex and sensitive professional planning projects, conducts research and analysis, monitors and ensures compliance with local, state, and federal laws, oversees specialized planning functions such as large-scale new development proposals and environmental studies, and provides overall management of division-related planning issues.
McNulty Consulting – Santa Barbara, CA
Owner / Principal
2018 - 2022
• Prepared Adoption Phase City of San Marino, 6th cycle Housing Element adopted 02/09/2022. • Five years of contract current and long-range planning project review, project management, and CEQA Compliance for the City of Goleta, including the Ritz Carlton Bacara Beach house replacement, zoning update review, and the Cox Communications headquarters upgrade projects. • Scoped work programs, prepared budgets, and assembled qualified staff and consultant teams in response to RFPs and SOQs.
Experience
21+ years
Education
B.A. – Double Major: Economics /
Environmental Studies
Sonoma State University – Rohnert
Park, CA
A.A. – Double Major: English /
Environmental Studies
Santa Rosa Junior College – Santa
Rosa, CA
Affiliations
Association of Environmental
Professionals
Pebble Creek Park Association Board of
Directors – President since 2020
American Red Cross
Coastal Housing Coalition Board of
Directors
EXHIBIT A
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Bret McNulty
• Prepared Goleta West Sanitary District new administration building CEQA Mitigated Negative Declaration project manager Brownstein Hyatt Farber & Schreck. • Performed project review of Hotel & Brewery project for the City of Ojai, and project manager H & H Environmental Inc.,
Recon Environmental, Inc. – Goleta, CA
Central Coast Manager
2014 - 2018
• Provided oversight of project teams preparing project and plan level CEQA & NEPA environmental compliance services to public and private sector clients. • Presented housing subdivision project staff report at public workshops and the County of Santa Barbara Planning Commission and Board Supervisors.
• Managed on-call environmental and planning contracts with the City of Goleta and County of Santa Barbara Public Works and Flood Control District.
• Project lead opening the Recon Central Coast office in Goleta. • Prepared strategic business and marketing plans and led Central Coast office regional business development effort.
County of Santa Barbara Planning & Development/Long-Range Planning Division – Santa Barbara, CA Senior Planner
2007 - 2014
• Presented staff reports to the design review board, citizen planning advisory committees, the planning commission, and the board of supervisors.
• Reviewed public agency and private projects for consistency with plans and policies. • Prepared division RFP/Q for firms preparing environment compliance studies. • Teamed with management to prepare annual division Capital Improvement Project (CIP) budgets, schedules, and assignments using Microsoft Project, Visio, and Excel software. • Reviewed EIR consultant proposals, interviewed staff, negotiated costs, and managed interdepartmental teams.
• Reviewed technical studies from traffic and water engineers, biologists, archaeologists, and planning consultants.
• Assisted with preparation of the division work program, schedules and expenditures, training associate, assistant, and interns, and provided document quality assurance and control. • Authored successful transportation planning grant applications to SBCAG (Measure A – Safe Routes to School) and Caltrans (Environmental Justice Grant) for funding Bell Street circulation and parking plan.
North Fork Associates Environmental Inc. – Auburn, CA
Associate Planner / Project Manager
2003 - 2007
• Staffed the planning counters and reviewed planning project and design review applications for the cities of Auburn and Colusa.
• Presented staff reports, resolutions, and findings to the city council, planning commission, heritage preservation committee, and staffed the pre-development review Committee (City of Colusa).
• Staffed City of Colusa Development Review committee meetings for City Manager.
EXHIBIT A
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning Elliott Pickett
Associate Planner
1 of 2
Experience Summary
Elliott has a degree in Geography, Environment, and Planning with a Concentration in Planning for Sustainable Communities. He brings with him a compendium of knowledge, talent, and professional goals that make him an asset to any team and project he is assigned. Elliott’s professional and academic accomplishments are abundant, and he has quickly developed expertise as a team lead on several of 4LEAF’s Safety Elements and Housing Elements. As a trained and experienced researcher, Elliott can offer helpful insight to any project or client. With excellent written and communication skills, Elliott’s affinity for detail and design makes him a strong contributor to project teams.
Select Professional Experience
4LEAF, Inc.
Associate Planner
12/2020 - Present
Elliott served as project lead for Safety Element updates in San Marino and Santa Clarita, and lead for the Housing Element updates in Santa Clarita, Sebastopol, and Rohnert Park. He also provides Technical Assistance to the 16 jurisdictions in Napa and Sonoma counties as a part of ABAG’s subregional NapaSonoma Housing Collaborative. Elliott prepares staff reports and makes presentations to multiple clients and easily adapts to their preferred style. Elliott receives glowing feedback from his team and from the jurisdictions that he serves. His interests, strong leadership and organizational skills, and unwavering attention to detail make him the ideal team member and project lead.
Regional Climate Protection Authority (RCPA)
Planning Intern
9/2020 - 12/2020
• Developed outreach survey for increasing public engagement in the development of the Sonoma Climate Mobilization (SCM) Strategy.
• Compiled information on climate action for SCM website content. • Participated in Climate Action Advisory Committee meeting and incorporated partner input.
CA Governor’s Office of Planning and Research (OPR)
Planning Intern
Experience
2+ years
Education
B.A., Geography, Environment, and
Planning
Sonoma State University
EXHIBIT A
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Elliott Pickett
6/2020 - 8/2020
• Evaluated and compiled information about more than 30 recent local jurisdiction’s Safety Elements and Local Hazard Mitigation Plans, providing strong examples to highlight in the appendix of OPR’s Fire Hazard Planning Technical Advisory document. • Transcribed and organized data from past Annual Planning surveys, enabling OPR staff to better target survey outreach efforts in the future.
• Organized and conducted informational interviews with staff from local California jurisdictions, incorporating their wildfire-related priorities into OPR’s Technical Advisory document.
Sonoma State University Center for Sustainable Communities Student Intern
1/2020 - 9/2020
• Synthesized research of over 60 land use tools or resources to address wildfire hazards, creating a database of current wildfire planning practices to be used in future wildfire planning. • Collaborated and divided labor among interns to produce high quality and efficient research to be used by organization partners.
EXHIBIT A
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning 1 of 2
Luke Lindenbusch
Housing Policy Planner
Experience Summary
Luke is a diligent Housing Policy Planner, organizer, and nonprofit specialist with extensive knowledge of campaign management, public health, and city planning. Luke is especially talented in implementing community engagement strategies involving both field and digital campaigns effectively and with innovation. He also has experience in affordable housing programs, application management, and income and program eligibility assessment. Luke has been welcomed to work collaboratively in varied communities and has proven that he is a tactful team player who is highly adaptable to diverse environments.
Select Professional Experience
4LEAF, Inc.
Housing Policy Planner
2021 - Present
Luke contributes to 4LEAF’s Planning Department by:
• Managing tenant selection for available rental units, coordinating applicant assessment alongside property managers, and offering and leasing affordable units to selected applicants. • Currently overseeing the preparation of three separate Housing Elements for such clientele as the Cities of Cloverdale, Cotati, and Healdsburg and on-call housing technical assistance to 16 jurisdictions through our ABAG work.
• Counseling housing applicants on available opportunities and coordinating and directing workshops to educate residents on housing options.
• Assisting applicants throughout all phases of the application process and ensuring eligibility requirements and income certifications are satisfactory. • Reviewing annual recertifications of tenant eligibility for resident compliance with program requirements.
• Managing housing marketing efforts, assisting in the development of marketing and outreach outlets, organizing, and leading program information sessions, and attending community events to publicize available housing assistance services.
• Organizing and maintaining applicant information and preference groups in program management software.
• Collecting, analyzing, and reporting data relating to program evaluation, management, and goal establishment.
Generation Housing – CA
Project and Policy Coordinator
2020 - 2021
In this role, Luke’s responsibilities included, but were not limited to:
• Policy analysis.
• Housing project tracking.
• Public advocacy for housing action (nonprofit).
• Serving as a webinar moderator.
Experience
5+ years
Education
BA, Public Health and Environmental
Development
New York University
Software
Salesforce/CRMs
NGPVAN
Adobe Suite
Microsoft Office
Google Suite
Basic Coding
EXHIBIT A
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning 2 of 2
Luke Lindenbusch
• Convening public officials.
• Mobilizing supporters.
City of Sebastopol – CA
Planning Commissioner & Climate Action Subcommittee Liaison 2020
In these roles, Luke served as a council-appointed municipal planning official and climate action liaison in this west Sonoma County city. efforts and the promotion of zoning information.
City of Santa Rosa – CA
Community Advisor, Planning, and Economic Development
2019 - 2020
Luke was a volunteer organizer for transit-oriented Downtown Specific Plan Update outreach. Included the Historic North San Francisco Bay Area city of roughly 175,000 with bustling industry and tourism where he experienced and studied the ramifications of wildfires and urban sprawl.
Brian Barnacle for Petaluma City Council – CA
Campaign Manager
2020
As a Campaign Manager, Luke launched campaigns prioritizing affordable housing, climate leadership, and community COVID-19 recovery efforts.
Yes on A: Affordable Homes for San Franciscans Now! – CA Field Organizer
2019
As a Field Organizer, Luke managed over twenty-five canvassers and implemented campaign logistics for San Francisco’s $600 million affordable housing bond.
Beto for Texas; U.S. Senate Campaign – CA
Field Organizer
2018
In this role, Luke oversaw the daily operations for Houston HQ in addition to three field offices in Harris County, Texas for the largest Senate campaign in United States history to date. Luke trained and recruited over 150 volunteers.
Ceres Community Project – CA
Development Associate & Data Manager
2017 - 2018
Luke’s responsibilities in this role included, but were not limited to:
• Donor communications.
• Creative direction.
• Grant prospecting.
• Database organization and management.
• Event planning.
EXHIBIT A
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning 1 of 2
Denise Truong
Associate Planner
Experience Summary
Denise is a talented and ambitious professional who kickstarted her career in the industry as a Planning Technician. Denise has over seven years of valuable knowledge including Coastal Commission and municipal experience, and her dynamic personality enables her to adapt to multidisciplinary environments. Denise carries a diverse range of beneficial knowledge regarding statewide policies on water quality, sea level rise, housing, public access utilizing the Coastal Act, the California Eelgrass Mitigation Policy, and beyond. Denise’s dedication to advancing in her career path is demonstrated through her efforts to expand her knowledge on various capacities, in addition to her eagerness to volunteer for new projects.
Select Professional Experience
4LEAF, Inc.
Assistant Planner
2021 - Present
Denise helps contribute to the productivity of 4LEAF’s Building and Planning Department by performing diverse para-professional to professional technical planning tasks and assignments. These duties include:
• Maintaining responsibility for general office and project organization and providing administrative assistance, including process of receiving and reviewing permits. • Examining planning permission procedures and assisting clients during the planning permission application process.
• Constructing reports and video promotional/educational materials for regional publication • Meeting with property developers and other clients to determine how developments can be granted planning permission.
• Researching and analyzing census data and trends to determine community needs Coastal Commission, State of California
Coastal Program Analyst
9/2017 - 9/2019
• Received and reviewed permit applications for building and land use planning. • Assisted in conflict resolution regarding land use policies, regulatory procedures, permit application requirements, and approved plans at the public counter. • Completed technical staff reports with written analysis and infographic exhibits that met regulatory deadlines with minimal management oversight. • Recommended project outcomes by communicating with applicants, technical staff, and management staff after assessing impacts of proposed plans. • Ranked top three in Statewide Oral Examinations regarding policy knowledge, current projects, and municipal ordinances and codes.
Experience
7+ years
Education
BS, Environmental Management and Protection
Minor, Theater, Film, and Dance
Humboldt State University
MA, Urban and Regional Planning (2023)
Cal Poly Pomona
EXHIBIT A
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning 2 of 2
Denise Truong
Recreational Equipment, Incorporated – CA
Customer Service Representative
2015 - 2016
• Analyzed customer needs and solved customer and workplace issues in a timely and professional manner.
• One of the top three employees to meet and exceed weekly membership sales and consistently ranked top ten percent in regional stores for membership sales. • Increased company loyalty by outdoor enthusiasts through proper equipping and membership sales.
City of Los Angeles – CA
Planning Intern
Summer of 2015
• Evaluated conditional use permits for compliance with Los Angeles General Plan, zoning, and CEQA requirements through written staff reports under minimal supervision. • Developed strong organizational skills through the review of backlogged case studies for closure and following-up on current cases, subsequently reducing unit’s workload by half. • Prepared staff reports for Zoning Administrator through research techniques using technical skills. • Proactively identified and appropriately solved issues regarding permit incompliance.
EXHIBIT A
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Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning From: Taven Kinison Brown
To: Mike Renner
Subject: RE: City of Gonzales 6th Cycle Housing Element Update - Revised Scope Date: Tuesday, November 15, 2022 5:25:00 PM
Attachments: image003.png
Sounds great, thank you!
From: Mike Renner <[email protected]>
Sent: Tuesday, November 15, 2022 4:46 PM
To: Taven Kinison Brown <[email protected]> Subject: Re: City of Gonzales 6th Cycle Housing Element Update - Revised Scope Taven,
Thank you for your email. 4LEAF is agreeable to this approach. We look forward to working with you.
Best,
Mike
From: Taven Kinison Brown <[email protected]> Sent: Tuesday, November 15, 2022 4:41:00 PM
To: Mike Renner <[email protected]>
Subject: City of Gonzales 6th Cycle Housing Element Update - Revised Scope Thank you, Michael for taking my call during your travels today.
From our discussion, and the City’s financial position, we spoke about modifying the 4LEAF budget schedule to better fit the City’s $65,000 Reap Grant that we have secured. Additionally, as the City’s CEQA guy, I am willing to try using a combination of CEQA Exemptions to cover our CEQA tasks. I see that other communities, such as Huntington Beach, Glendale and Placentia have tried this approach. So, with removal of the CEQA Compliance component, the 4LEAF contract nears the $65k mark. Our specific plans are presently under review and are addressing the CEQA impacts of zone changes, Maps and physical changes on the ground. We will see.
You indicated your willingness to agree to this approach and cost. See graphic below. The City still hopes to secure additional funding through state grant opportunities, and will also have a fiscal year break at June/July, if we both find that there are additional items that haven’t been foreseen.
Thank you for your professionalism and spirit of cooperation.
Taven M. Kinison Brown, Community Development Director
City of Gonzales, Community Development Department
[email protected]
831-675-5000
EXHIBIT B
BUDGET / PAYMENT SCHEDULE
(Modified 11/15/2022 by Michael Renner)
Packet Pg. 70
Attachment: Resolution No. 2022-83 w/ Agreement and Exhibts A & B (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning
RESOLUTION NO. 2022-63
A RESOLUTION OF THE CITY OF GONZALES, APPROVING AND AUTHORIZING
AN AGREEMENT BETWEEN HARRIS AND ASSOCIATES FOR INITIAL WORK ON THE CITY OF GONZALES 6TH CYCLE HOUSING ELEMENT UPDATE
FOR THE PERIOD 2023-2031
WHEREAS, On July 1, 2022, the City of Gonzales (City) invited proposals from consultant firms or consultant teams to complete a housing element update, related rezoning and all necessary environmental review as required under State law, in a manner consistent with the Regional Housing Needs Allocation 6th Cycle (RHNA 6) planning period (2023-2031); and WHEREAS, the City received two timely responses that were objectively reviewed and rated by four city staff members; and
WHEREAS, Harris and Associates had the higher rating and staff affirmed that they had met the requirements of a response to the RFP, had the right experience, expertise, and offered a fluent approach to a multicultural engagement with the community, and WHEREAS, Harris and Associates also acknowledged the availability and dedication of qualified staff and that they could get the job done. A follow-up call with a former city client yielded compliments and satisfaction that their city had finished with a certified 6th Cycle Housing Element and that it came in on budget; and
WHEREAS, staff interviewed Harris and Associates via Zoom on Wednesday August 17, 2022 to meet the consultant team, refine the scope of work, staffing assignments and to discuss budget; and
WHEREAS, the task of preparing the 6th Cycle Housing Element Update will approach a cost in the realm of $450,000 to $500,000 (estimated); and WHEREAS, presently, the City only has a $65,000 LEAP grant from the state to get started and underway. Additional funding sources will be needed to complete the task by December of 2023; and
WHEREAS, at the City’s request, Harris and Associates prepared a modified Scope of Services to reflect the City’s ability to commit $65,000 from the LEAP Grant; and WHEREAS, the tasks included in the Modified Scope of Services to get underway with the 6th Cycle Housing Element are:
1) A potential housing sites inventory
2) Early work on the fair housing section
3) A bilingual residential survey about housing needs and initial demographics work, and
4) Working with AMBAG to secure REAP 2.0 funding for housing element preparation. Harris staff will review the Notice of Funding Availability (NOFA) when released and will prepare one (1) draft and one (1) final version of the application for approval by City Council.
Packet Pg. 71
Attachment: Resolution No. 2022-63 (Being Rescinded) (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning Services)
WHEREAS, should we be successful in these efforts to secure additional grant funding, City staff will bring the REAP 2.0 funding requests to and through City Council when ready; and WHEREAS, should we be able to secure additional grant funding, it is not anticipated that the REAP awards will be made timely enough to close funding gaps in the work efforts that need to be started now and for the consultant to stay on task on the City’s behalf. The City of Gonzales will need to find the funds to close this significant gap. REAP 2.0 awards may not be available until April/May of 2023; and
WHEREAS, the Housing Element work will be prepared in accordance with the requirements of the California Environmental Quality Act; and WHEREAS, following, or leading up to, the completion of this initial modified scope of services to a pay-point of $65,000, a new scope of work to complete the preparation of the 6th Cycle Housing Element will be prepared and presented in keeping with available financial resources, requiring additional Council action at that time.
NOW THEREFORE, BE IT HEREBY RESOLVED that the Acting City Manager is authorized and further directed to prepare and execute an appropriate Agreement between Harris and Associates for initial work on the City Of Gonzales 6th Cycle Housing Element Update for the period 2023-2031 according to the attached Agreement with modified Scope of Services and Budget.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 6th day of September 2022, by the following vote:
AYES: COUNCIL MEMBERS: Mayor Pro Tem Scott Funk, Liz Silva, Lorraine Worthy, Paul Miller, and Mayor Jose L. Rios
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Jose L. Rios, The Honorable Mayor
ATTEST:
Mary Villegas, Deputy City Clerk
Packet Pg. 72
Attachment: Resolution No. 2022-63 (Being Rescinded) (2586 : Resolution No. 2022-83 Agreement with 4LEAF, INC for Planning Services) City of Gonzales
PUBLIC WORKS / CITY ENGINEER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: December 5, 2022
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, Interim City Manager
SUBJECT: Resolution No. 2022-84 Accepting the Tree Removal Contract at the Community Center Project Site as Complete, Authorize Staff to Record a Notice of Completion, and Release Retention Monies to the Contractor
RECOMMENDATION
It is recommended that the City Council Adopt Resolution No. 2022-84, A Resolution of the City Council of the City of Gonzales Accepting the Tree Removal Contract at the Community Center Project Site as Complete, Authorize Staff to Record a Notice of Completion, and Release Retention Monies to the Contractor.
BACKGROUND
At the September 6, 2022 Council meeting, a staff report was presented regarding the issuance of a bid document to remove the trees at the Community Center Complex Project site. According to the CEQA/NEPA documents prepared for the Community Center Complex Project, the trees on the site should be removed between September 15 and January 15 to minimize impacts to bats and nesting birds.
Tree removal is the first field activity for site preparation for the project. New trees and landscaping will be planted during construction of the various buildings that make up the Community Center Complex Project.
On August 25, City staff issued the bid document for the Tree Removal Contract at the Community Center Project Site. On September 21, City staff opened bids from the nine contractors and the award of contract to Topes Tree Service was approved at the October 3, 2022 Council Meeting.
REVIEW & ANALYSIS
AGENDA
ITEM
7 Packet Pg. 73
A preconstruction meeting was held with the contractor on October 19, 2022, field work began on November 1, 2022, and punch list items were completed on November 23, 2022.
Staff recommends that the City Council accept the contract as complete and direct staff to record a Notice of Completion with the County Recorder and Release the Retention Monies to the Contractor.
How Recommendation Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small town charm.
Explain: Constructing a Community Center will provide residents with a facility for a wide variety of public and private functions, recreation programs 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 explanation 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 explanation above.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing X Yes No N/A
• Recreation X Yes No N/A
• Environment X Yes No N/A
• Education X Yes No N/A
Explain: See Vision above.
ALTERNATIVES
There are no alternatives as the contract is complete and the last step is to accept the work.
BUDGET IMPACT
This contract was funded from Measure X monies. There were no change orders during the work so the approved contingency budget of $10,300 was not used.
CONCLUSION
It is recommended that the City Council Adopt Resolution No. 2022-84, A Resolution of the City Council of the City of Gonzales Accepting the Tree Removal Contract at the Community Center Project Site as Packet Pg. 74
Complete, Authorize Staff to Record a Notice of Completion, and Release Retention Monies to the Contractor.
Attachments:
1. Resolution No. 2022-84
Packet Pg. 75
RESOLUTION NO. 2022-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
ACCEPTING THE TREE REMOVAL CONTRACT AT THE COMMUNITY
CENTER PROJECT SITE AS COMPLETE, AUTHORIZE STAFF TO RECORD
A NOTICE OF COMPLETION, AND RELEASE RETENTION MONIES TO THE
CONTRACTOR
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 nine bids for this contract; and;
WHEREAS, at the October 3, 2022 City Council Meeting, a $90,000 contract with Topes Tree Service was authorized; and
WHEREAS, Topes Tree Service began field operations on November 1, 2022 and completed all punch list items on November 23, 2022; NOW THEREFORE BE IT HEREBY RESOLVED by the City Council of the City of Gonzales that the Tree Removal Contract at the Community Center Site is hereby accepted.
BE IT FURTHER RESOLVED that within ten days of adoption of this Resolution, City staff shall file with the County Recorder a Notice of Completion and release retention monies to the Contractor.
PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting duly held on the 5
th day of December 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. 76
Attachment: Resolution No. 2022-84 (2588 : Resolution No. 2022-84 Accepting the Tree Removal Contract at the Community Center Project Site City of Gonzales
PUBLIC WORKS / CITY ENGINEER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: December 5, 2022
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, Interim City Manager
SUBJECT: Resolution No. 2022-85 Accepting the Equip Well 7 Contract as Complete, Authorize Staff to File a Notice of Completion with the County Recorder and Direct Staff to Release Retention Monies to the Contractor
RECOMMENDATION
It is recommended that the City Council Adopt Resolution No. 2022-85, A Resolution of the City Council of the City of Gonzales Accepting the Equip Well 7 Contract as complete, Authorize staff to file a Notice of Completion with the County Recorder, and direct staff to release retention monies to the Contractor.
BACKGROUND
The City of Gonzales operates a municipal water system that produces and supplies water for approximately 1,920 connections (residential, commercial, and industrial users). Groundwater is the sole source of water supply for the city.
The Well 7 Project was delivered under three separate contracts:
1. Destroy Well 3 (completed July 2017)
2. Drill and complete new Well 7 (completed December 2017)
3. Equip Well 7 (current contract with Monterey Peninsula Engineering) With completion of the Equip Well 7 Contract, the City now has four active groundwater wells. Well 7 will produce approximately 1,500 gallons/minute and will greatly help with the supply of potable water to the city’s utility customers.
Staff coordinated this project with the Monterey County Health Department and the local office of the Division of Drinking Water Field Operation of the State Water Resources Control Board.
AGENDA
ITEM
8 Packet Pg. 77
REVIEW & ANALYSIS
The agreement with Monterey Peninsula Engineering for the Equip Well 7 was approved at the August 20, 2018 City Council Meeting. All punch list items associated with this contract were completed in November 2022.
Staff recommends that the City Council accept the contract as complete and direct staff to record a Notice of Completion with the County Recorder and Release the Retention Monies to the Contractor.
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: Completing the Well 7 Project supports our vision by ensuring an adequate water supply necessary for current customers and planned development within the city.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ____ No____ N/A
Explain: The Well 7 Project will provide continued potable water service to our residents and businesses that enhances the quality of life in Gonzales.
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: The Well 7 Project is being performed in a cost-effective manner.
ALTERNATIVES
There are no alternatives as the contract is complete and the last step is to accept the work.
BUDGET IMPACT
This contract was funded from Water Impact Fund budget.
CONCLUSIONS
It is recommended that the City Council Adopt Resolution No. 2022-85, A Resolution of the City Council of the City of Gonzales Accepting the Equip Well 7 Contract as complete, Authorize staff to file a Notice of Completion with the County Recorder, and direct staff to release retention monies to the Contractor.
Attachments:
1. Resolution No. 2022-85
Packet Pg. 78
RESOLUTION NO. 2022-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GONZALES ACCEPTING THE EQUIP WELL 7 CONTRACT AS COMPLETE,
AUTHORIZE STAFF TO FILE A NOTICE OF COMPLETION WITH THE
COUNTY RECORDER, AND DIRECT STAFF TO RELEASE RETENTION
MONIES TO THE CONTRACTOR
WHEREAS, the City of Gonzales operates a municipal water system that produces and supplies water for approximately 1,920 connections (residential, commercial, and industrial users); and
WHEREAS, a new well was needed to replace Well 3 due to low production and cost to operate; and
WHEREAS, the Well 7 Project was delivered under three separate contracts; and WHEREAS, at the August 20, 2018 City Council Meeting, a $1,039,740 contract with Monterey Peninsula Engineering was authorized for the Equip Well 7 Contract; and WHEREAS, Monterey Peninsula Engineering began field operations in October 2018 and completed all punch list items in November 2022; NOW THEREFORE BE IT HEREBY RESOLVED by the City Council of the City of Gonzales that the Equip Well 7 Contract is hereby accepted.
BE IT FURTHER RESOLVED that within ten days of adoption of this Resolution, City staff shall file with the County Recorder a Notice of Completion and release retention monies to the Contractor.
PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting duly held on the 5
th day of December 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. 79
Attachment: Resolution No. 2022-85 (2589 : Resolution No. 2022-85 Accepting the Equip Well 7 Contract as Complete, Authorize Staff to File A) City of Gonzales
PUBLIC WORKS / CITY ENGINEER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: December 5, 2022
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, Interim City Manager
SUBJECT: Resolution No. 2022-86 Adopting a Debt Management Policy
RECOMMENDATION
It is recommended that the City Council Adopt Resolution No. 2022-86, A Resolution of the City Council of the City of Gonzales Adopting a Debt Management Policy.
BACKGROUND
Senate Bill 1029 (amending California Government Code section 8855) passed in 2017, requires public agencies to establish a debt management policy before incurring debt. As part of the State Revolving Loan from the State Water Resources Control Board for the Industrial Wastewater System Project, the city needs to adopt a Debt Management Policy.
REVIEW & ANALYSIS
Finance Director Mike Howard prepared the Debt Management Policy and City Attorney Mike Rodriquez reviewed it and provided comments that have been incorporated into the attached Debt Management Policy.
The key objectives of the Debt Management Policy are to:
• Maintain the City’s sound financial position.
• Minimize debt service and issuance costs.
• Maintain access to cost-effective borrowing.
• Achieve and maintain highest reasonable credit rating. • Ensure full and timely repayment of debt.
• Maintain full and complete financial disclosure and reporting.
AGENDA
ITEM
9 Packet Pg. 80
• Ensure compliance with State and Federal laws and
Staff recommends that the Council adopt the attached Debt Management Policy.
How Recommendation Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small town charm.
Explain: Constructing an Industrial Wastewater System supports our vision to expand the city’s wastewater system capacity and support economic development that will provide more local employment opportunities for City 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 explanation 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 explanation above.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes ____ No ___ N/A
• Housing X Yes ____ No ___ N/A
• Recreation X Yes ____ No ___ N/A
• Environment X Yes ____ No ___ N/A
• Education X Yes ____ No ___ N/A
Explain: See Vision above.
ALTERNATIVES
There are no alternatives to adopting a Debt Management Policy as it’s required by Senate Bill 1029.
BUDGET IMPACT
There is no budget impact related to adopting a Debt Management Policy
CONCLUSIONS
It is recommended that the City Council Adopt Resolution No. 2022-86, A Resolution of the City Council of the City of Gonzales Adopting a Debt Management Policy.
Attachments:
1. Resolution No. 2022-86
Packet Pg. 81
2. Debt Management Policy
Packet Pg. 82
RESOLUTION NO. 2022-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
ADOPTING A DEBT MANAGEMENT POLICY
WHEREAS, Senate Bill 1029 (amending California Government Code section 8855), requires public agencies to establish a debt management policy before incurring debt.; and
WHEREAS, the State Revolving Loan from the State Water Resources Control Board for the Industrial Wastewater System Project requires the city to provide a Debt Management Policy; and
WHEREAS, The key objectives of the Debt Management Policy are to:
• Maintain the City’s sound financial position.
• Minimize debt service and issuance costs.
• Maintain access to cost-effective borrowing.
• Achieve and maintain highest reasonable credit rating. • Ensure full and timely repayment of debt.
• Maintain full and complete financial disclosure and reporting. • Ensure compliance with State and Federal laws
WHEREAS, Finance Director Mike Howard prepared a Debt Management Policy and City Attorney Mike Rodriquez’s review comments have been incorporated into the attached Debt Management Policy; and
WHEREAS, Staff recommends that the Council adopt the attached Debt Management Policy;
NOW THEREFORE BE IT HEREBY RESOLVED by the City Council of the City of Gonzales hereby adopts a Debt Management Policy.
PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting duly held on the 5
th day of December 2022 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Jose L. Rios, The Honorable Mayor
ATTEST:
Mary Villegas, Deputy City Clerk
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Attachment: Resolution No. 2022-86 (2591 : Resolution No. 2022-86 Adopting a Debt Management Policy) City of Gonzales Debt Management Policy
PURPOSE
To establish policies for the issuance and administration of City debt.
POLICY
This Debt Management Policy establishes objectives, parameters, and guidelines for responsibly issuing and administering the City’s debt. Prudent management of the City’s debt program is necessary to achieve cost-effective access to the capital markets and demonstrates a commitment to long-term financial planning.
SCOPE
These policies establish the restrictions within which the City of Gonzales and the City of Gonzales Public Financing Authority, on behalf of the City, may issue debt. Additionally, these policies apply to debt issued by the City on behalf of assessment, community facilities, or other special districts, as well as conduit debt.
DEBT MANAGEMENT OBJECTIVES
This policy sets forth key objectives for the City in issuing and administering the City’s debt, which are to:
• Maintain the City’s sound financial position.
• Minimize debt service and issuance costs.
• Maintain access to cost-effective borrowing.
• Achieve and maintain highest reasonable credit rating. • Ensure full and timely repayment of debt.
• Maintain full and complete financial disclosure and reporting. • Ensure compliance with State and Federal laws and regulations.
GOVERNING AUTHORITY AND RESPONSIBILITY
A. Legal Authority: The City’s debt portfolio for all City funds shall be administered in conformance with all applicable Federal, State, and other legal requirements. The City will comply with applicable law as it pertains to the maximum term of debt and the procedures for levying and imposing any related taxes, assessments, rates, and charges.
B. Delegation of Authority: The City Council has assigned duties to the Finance Director for authorizing, managing, and coordinating activities related to the structure, issuance, and administration of the City’s long-term and short-term debt. No debt obligations shall be presented to the City Council, including capital leases, for their authorization without a joint assessment and approval by the City Manager and Finance Director. No department shall directly issue debt and departments planning debt-financed capital programs or equipment acquisitions will work in close coordination with the Finance Department and the City Manager’s Office to provide information and facilitate the issuance and ongoing administration of debt.
C. Point of Contact: The Finance Director shall be responsible for maintaining good communication with rating agencies, investors, other service providers, and the public regarding the City’s financial condition, and will enforce a policy of full disclosure.
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Attachment: Debt Management Policy (2591 : Resolution No. 2022-86 Adopting a Debt Management Policy) City of Gonzales Debt Management Policy
D. Policy Approval and Review: This Debt Management Policy is an official policy of the City, approved by the City Council. The Finance Department shall conduct an annual review of this policy and recommend amendments deemed necessary and appropriate.
E. Annual Debt Report: The Finance Department shall prepare an annual report to the City Council containing a summary of the City’s current credit ratings, and outstanding and newly issued debt. This report shall be presented either separately or within another financial report.
F. Professional Assistance: The Finance Director shall have the authority to periodically recommend to the City Council the selection of service providers as necessary to meet legal requirements and minimize debt costs. Such services may include financial advisory, underwriting, trustee, verification agent, escrow agent, arbitrage consulting, special tax consulting, and bond counsel. To achieve an appropriate balance between service and cost, the city is authorized to select such service providers through sole source selection or a competitive process using a Request for Proposals.
G. Method of Sale: Except to the extent a competitive bidding process is required by law, the Finance Director shall determine the most appropriate manner in which to offer any securities to investors. The City’s preferred method of sale is by competitive bid. However, other methods such as negotiated sale and private placement may be considered on a caseby-case basis.
TYPES AND PURPOSE OF DEBT
The City may utilize the following types of municipal debt obligations to finance long-term capital projects. Long-term debt is only issued to finance the acquisition and/or construction of capital improvements unless otherwise decreed by court order or adjudicated settlement.
Long-term debt financing shall never be used to fund operating or maintenance costs.
Types of Debt
A. Assessment Bonds: Proceeds from Assessment Bonds may be used to finance local public improvements and are repaid with taxes assessed on the parcels of land that benefit from the improvements. Local streets, streetlights, landscaping, sidewalks and sanitary sewers are some examples of local improvements commonly financed by Assessment Bonds.
B. General Obligation (GO) Bonds: The City may issue GO Bonds with two-thirds approval of a popular vote as stated in the California State Constitution (Article XVI, Section 18). GO Bonds are secured by a pledge of the full faith and credit of the City, or by a levy on property taxes to pay the debt service. GO Bonds are used to finance the acquisition, construction, or improvement of public facilities such as parks and public safety facilities.
C. Pension Obligation Bonds: Pension Obligation Bonds may be issued to finance all or part of the City’s unfunded pension liability and are a general obligation of the City. Typically, these bonds are issued at an interest rate which is lower than that being charged by CalPERS, the City’s pension administrator.
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Attachment: Debt Management Policy (2591 : Resolution No. 2022-86 Adopting a Debt Management Policy) City of Gonzales Debt Management Policy
D. Enterprise Revenue Bonds: Enterprise Revenue Bonds may be issued to finance facilities for a revenue-producing enterprise and are payable from revenue sources generated and pledged by that enterprise. Water, sewer, refuse, storm water, and parking are examples of revenue producing enterprises within the City.
E. Lease Revenue Bonds: Lease Revenue Bonds are typically issued by the City of Gonzales Public Financing Authority, on behalf of the City. They are secured by and payable from a pledge of revenues consisting primarily of lease payments on the capital project being financed. The City’s General Fund is obligated to pay these lease payments.
F. Refunding Bonds: Pursuant to the California Government Code and various other financing statutes, the City is authorized to issue bonds for the purpose of refunding any long-term obligation of the City, provided it produces economic benefit to the City.
G. Conduit Financing Bonds: Conduit financing is a mechanism for other governmental entities, nonprofit agencies, or private companies to fund projects which provide a clear public benefit through the issuance of tax-exempt municipal bonds. These are essentially revenue bonds payable solely from the loan repayments received from the borrower under the loan agreement, for which the City has no liability for debt service. They may also be known as private activity or pass- through bonds. The City may issue Conduit Financing Bonds for projects such as schools, hospitals, universities, public works, housing and industrial development. In such cases, the City will take reasonable steps to confirm the financial feasibility of the project to be financed and the financial solvency of the borrower.
H. Certificates of Participation (COP): COPs are a form of lease revenue bond which permits the investor to participate in a stream of lease payments, installment payments, or loan payments relating to the acquisition or construction of specific equipment, land, or facilities. The City is obligated to make these debt service payments.
I. Lease Financing: The City may finance a capital asset by leasing it directly from the vendor or leasing company under a long-term agreement. This is essentially a leasepurchase contract with the lessor receiving a portion of each rental payment as tax-exempt interest.
J. Bank/Private Loans: The City may borrow directly through a loan with a commercial bank, Letter of Credit, or Line of Credit with a commercial bank, State revolving loan program, or other governmental agency. Each loan will have a specific purpose.
K. Tax Allocation Bonds: Before dissolution of California Redevelopment Agencies (RDAs) in 2011, the City of Gonzales RDA issued Tax Allocation Bonds using tax increment funds as a pledge for repayment. The taxes pledged to the repayment came from the increase of assessed value over and above a pre-established base. Dissolution of RDAs in 2011 has ended this type of debt from being issued by California cities and counties.
L. City of Gonzales Internal Financing Pool: The Internal Financing Pool provides loans to City departments or funds for significant one-time purchases, such as large vehicles. Such loans are repaid by applicable City departments or funds with interest on an annual basis with the principal amortized evenly over a period of at least five (5) years but not exceeding ten (10) years. The interest rate levied is the City’s pooled LAIF investments rate.
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Attachment: Debt Management Policy (2591 : Resolution No. 2022-86 Adopting a Debt Management Policy) City of Gonzales Debt Management Policy
M. Other Obligations: There may be special circumstances when other forms of debt are appropriate and may be evaluated on a case-by-case basis. Such other forms include, but are not limited to, non-enterprise revenue bonds, bond anticipation notes, grant anticipation notes, tax and revenue anticipation notes, and judgment or settlement obligation bonds.
Purpose of Debt
A. Integration with the City’s Capital Improvement Plan: The City is committed to long-term financial planning, including capital planning. This policy will be used in conjunction with the City’s capital budget and the capital improvement plan. The City shall strive to fund the upkeep and maintenance of its infrastructure and facilities due to normal wear and tear through its available operating revenues.
B. Long-Term Debt: Long-term debt may be used to finance the purchase or improvement of land, infrastructure, facilities, or equipment for which it is appropriate to spread these costs over more than one budget year. Long-term debt may also cover capitalized interest, costs of issuance, required reserves, and any other financing-related costs which may be legally capitalized. Long- term debt may not be used to fund City operating costs.
C. Short-Term Debt: Short-term borrowing, such as commercial paper and lines of credit, may be used as an interim source of funding in anticipation of long-term borrowing. Shortterm debt is defined as debt repaid in twelve (12) months or less and may be issued for the same purpose as long-term debt, including capitalized interest and other financing-related costs. Short-term debt, such as tax and revenue anticipation notes, may be issued to address justifiable cash flow requirements for short-term operating needs to provide necessary public services.
D. Refunding: Periodic reviews of existing debt will be undertaken to identify refunding opportunities. Refunding will be considered (within Federal tax law constraints) if and when there is a net benefit of the refunding. In general, refundings which produce a net present value savings of at least three percent (3%) of the refunded debt will be considered economically viable. Refundings which produce a net present value savings of less than three percent (3%) will be considered on a case-by-case basis to achieve City goals such as changes in covenants, call provisions, operational flexibility, tax status, issuer, or the debt service profile. Refundings with negative savings will not be considered unless there is a compelling public policy objective that is accomplished by retiring the debt. The City may purchase its own bonds in the open market for the purpose of retiring the obligation when the purchase is cost effective.
E. Lease Financing: The City may finance a capital asset by leasing it directly from the vendor or leasing company, with the lessor receiving a portion of each rental payment as tax-exempt interest.
DEBT CAPACITY
It is the policy of the City of Gonzales that aggregate debt service payments funded from General Fund sources shall be no greater than 10% of Primary General Fund revenues as reflected in the prior year adopted budget. Payments on bonds that are tied to a specified revenue stream other than General Fund sources (e.g., enterprise revenue bonds, tax Packet Pg. 87
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allocation bonds, and assessment bonds) are not subject to this 10% limit. Each proposed financing will be individually assessed by the Finance Director and subject to the approval policies contained herein.
DEBT STRUCTURE FEATURES
A. Debt Repayment: The City will structure its debt issues so that the maturity of the debt does not exceed the economic or useful life of the capital project which is financed.
B. Maximum Maturity: The California Constitution allows for the issuance of long-term debt of up to forty years. The City’s standard maximum maturity is thirty years, but up to forty years may be acceptable depending on cash flow assumptions, construction timeline, and remaining useful life of the asset being financed.
C. Credit Quality: The City seeks to obtain and maintain the highest possible credit ratings when required for issuing long-term and short-term debt.
D. Fixed-Rate Debt: Fixed-rate debt shall be the desired method of pricing.
E. Variable-Rate Debt: The City may choose to issue debt that pays a rate of interest that varies according to a pre-determined formula or index. There may be situations in which the City will benefit from variable-rate debt.
F. Call Options and Premium Provisions: Call Options or optional redemption provisions can enable the City to partially or totally repay a bond issue before its stated maturity. These may be considered on a case-by-case basis when issuing bonds, provided they enhance the marketability of the bonds, ensure flexibility related to potential early redemption, or foster future refunding options. The potential for additional costs, such as a call premium or potentially higher interest rates, will be evaluated in the decision to redeem the bonds.
G. Credit Enhancement: To establish or improve the credit rating on a proposed debt issuance, the City may purchase credit enhancement such as bond insurance, surety policy, or letter of credit. The Finance Director will consider the use of credit enhancement if it reduces the overall cost of the proposed financing or furthers the City’s overall financial objectives.
DEBT ADMINISTRATION
The City’s Finance Department shall maintain written directives and procedures detailing required actions to certify compliance with local, State, and Federal regulations. The City is committed to full and complete financial disclosure in accordance with the requirements established by the Securities and Exchange Commission (SEC) rule 15c2-12 and the Municipal Securities Rulemaking Board. The City is also committed to fully supporting requests from rating agencies, institutional and individual investors, other governmental entities, and to the public to share clear, timely, and correct financial information.
In addition to financial disclosure and arbitrage rebate compliance, once bonds are issued the City is responsible for verifying compliance with all activities, agreements, and requirements outlined in the bond documents on an ongoing basis. This typically includes ensuring an annual appropriation to meet debt service payments; that relevant taxes, rates, Packet Pg. 88
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and fees are levied and collected at a level sufficient to meet indenture requirements and debt service payments; the timely payment of debt service to a trustee or paying agent is completed; and compliance with insurance and other requirements. All investments of bond proceeds shall adhere to the City’s Investment Policy which is approved annually by the City Council, Federal tax requirements, and with the requirements contained in the bond documents. Investments related to the bond proceeds shall not allow security types or credit standards less than those stated in the City’s Investment Policy.
GLOSSARY OF TERMS
Advance Refunding: A refunding that occurs more than ninety (90) days in advance of the first optional redemption date. All covenants and restrictions of the refunded bond indenture are extinguished through an Advance Refunding. Under current IRS regulations, tax-exempt bonds issued after December 31, 1985 are permitted only one Advance Refunding.
Arbitrage: Generally, tax-exempt bond issues are subject to arbitrage rebate requirements, which require that any profit or “arbitrage” be “rebated” to the Federal government in the amount of the excess of the amount earned on investments purchased with gross proceeds of the bonds over the amount which would have been earned if such investments were invested at a rate equal to the yield on the bonds. A rebate computation and payment, if applicable, is generally required to be made every five (5) years and upon final redemption or maturity of the bonds. Failure to comply with these requirements could lead to substantial late filing penalties and interest and/or the loss of tax-exempt status for the bonds.
Bond Counsel: A law firm retained by the bond issuer to give a legal opinion that the bond issuer is authorized to issue the proposed securities, the bond issuer has met all legal requirements necessary for issuance, and interest on the proposed securities will be exempt from Federal income taxation, and where applicable from State and local taxation. Usually, Bond Counsel will prepare authorizing resolutions and ordinances, trust indentures, and other bond documents with the exception of the Official Statement.
Bond Insurance: An insurance policy which guarantees the timely payment of principal and interest, of either an entire bond issue, or on one or more specified maturities. In exchange for payment of the Bond Insurance premium, a higher Credit Rating is assigned to the insured bonds, and a lower cost of funds is attained. With a Competitive Sale, generally the bidding dealer bears the cost of insurance to the benefit of the firm’s bid. The bond issuer pays the cost of Bond Insurance from bond proceeds with a Negotiated Sale.
California Debt and Investment Advisory Commission (CDIAC): A State commission established to provide oversight with respect to public debt and investment activities. It serves as the State’s clearinghouse for information on public debt issuance and local investment practices.
CDIAC also provides policy guidance on debt and investment matters.
Call Provisions: The terms of the bond giving the issuer the right to redeem all or a portion of a bond prior to its stated date of maturity at a specific price, usually at or above par.
Capitalized Interest: Capitalized Interest is a portion of the proceeds of an issue which is set aside to pay interest on the bonds for a specified period of time. Interest is commonly Packet Pg. 89
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capitalized during the construction period of a revenue-producing project or a project financed with the proceeds of lease revenue bonds whereby the facility securing the lease payments must be available for use and occupancy before lease payments may commence.
Commercial Paper: Short-term (1 to 270 days) promissory notes usually issued to provide for interim financing of projects through the construction period and backed by a Letter or Line of Credit from a commercial bank. Following the completion of the projects, principal, and interest due on Commercial Paper is often redeemed through the issuance of long-term refunding bonds.
Competitive Bidding Process: The sale of a new issue of bonds by an issuer through a bidding process where Underwriters are awarded the bonds based on offering the lowest cost of funds for the issuer, usually measured on a True Interest Cost basis. The bid parameters for the public sale are established in the notice of sale or notice inviting bids.
Continuing Disclosure Certificate: A commitment entered into by the County for the benefit of the Underwriters and holders of certain bonds pursuant to SEC Rule 15(c)2-12 to provide continuing disclosure of specific County information.
Credit Ratings: Evaluations of the credit quality of bonds made by independent ratings services such as Moody’s Investors Service, Standard & Poor’s Ratings Services, and Fitch Ratings. Credit Ratings are intended to measure the probability of timely repayment of principal and interest on municipal securities. Credit Ratings are assigned before issuance of the bonds, and are periodically reviewed by the rating services, or may be amended to reflect changes in the issuer’s credit position. Bonds with investment grade ratings are assigned Credit Ratings between Baa3/BBB- and Aaa/AAA.
Debt Service: The sum of principal and interest due on outstanding debt, including any required contributions to a sinking fund for term bonds. Debt Service may be computed on a bond year, fiscal year, or calendar year basis.
Derivative: Short for “Derivative investment,” a contract whose value is based on the performance of an underlying financial asset, index, or other investment. Generally, Derivatives are risk mitigation tools. Examples include structures with Option-like or Swaplike features.
Financial Advisor: A consultant who advises the bond issuer on matters such as bond structure, timing, marketing, pricing, documentation, and Credit Ratings. The consultant may also provide non-bond related advice relating to capital planning and investment management. Financial Advisors must be registered as an independent registered municipal advisor (“IRMA”) with the SEC.
Fixed-Rate Debt: A borrowing wherein interest is established at a fixed rate of interest for the life of the obligation.
Line of Credit: A commitment usually made by a commercial bank to provide liquidity support for issues of notes, Commercial Paper, or bonds if the issuer is unable to pay Debt Service. The timely payment of Debt Service is not guaranteed, and the agreement between the bank and the issuer of the debt may be terminated in the event of a payment default by the bond issuer, or under other certain specified events. Debt issued with a Line of Credit is Packet Pg. 90
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assigned the short-term Credit Rating of the Line of Credit provider.
Municipal Securities Rulemaking Board (MSRB): An independent self-regulatory organization established by the Securities Acts Amendments of 1975, which is charged with primary rulemaking authority over Broker-Dealers and brokers in municipal securities. Its members represent three categories—securities firms, bank dealers, and the public—each category having equal representation on the MSRB.
Negotiated Sale: The sale of a new issue of bonds whereby the issuer selects the Underwriters in advance and negotiates the terms of the bonds, including coupons, interest rates, redemption provisions, and the Gross Spread, at the time of sale.
Official Statement: A document published by the bond issuer, and often prepared by Disclosure Counsel, which discloses material information on a new bond issue, including the purpose of the issue, source of repayment, bond covenants, as well as financial, economic, demographic, and legal characteristics of the bond issuer. The Official Statement is used by investors to determine the credit quality of the bond issue. An Official Statement is deemed preliminary prior to the determination of the interest rates on the bond issue, but is final in all other respects at the time it is circulated in its preliminary form prior to the sale of the bonds.
Private Placement: A sale in which the bonds are sold directly to institutional or private investors, rather than through a public offering. Issuers often require investors purchasing privately placed bonds to agree to restrictions as to resale through the use of a signed agreement. This is the same as a direct placement or a direct purchase. Private Placements may also involve the direct sale of a bond or other obligation to a commercial bank.
Securities and Exchange Commission (SEC): The Federal agency responsible for supervising and regulating the securities industry. In general, municipal securities are exempt from the SEC’s registration and reporting requirements. Brokers and dealers in municipal securities, as well as independent registered municipal advisors, however, are subject to SEC regulation and oversight. The SEC also has responsibility for the approval of MSRB rules, and has jurisdiction, pursuant to SEC Rule 10b-5, over fraud in the sale of municipal securities.
SEC Rule 15(c)2-12: A regulation of the SEC which requires Underwriters participating in primary offerings of municipal securities of $1,000,000 or more (i) to obtain, review, and distribute to investors copies of the issuer’s Disclosure documents; (ii) to obtain and review a copy of an Official Statement deemed final by an issuer of the securities, except for the omission of specified information; (iii) to make available upon request, in non-competitively bid offerings, the most recent preliminary Official Statement, if any; (iv) to contract with an issuer of the securities, or its agent, to receive, within specified time periods, sufficient copies of the issuer’s final Official Statement, both to comply with this rule, and any rules of the MSRB; and (v) to provide, for a specified period of time, copies of final Official Statements to any potential customer upon request. The rule contains exemptions for Underwriters participating in certain offerings of municipal securities issued in large denominations that are sold to no more than thirty-five (35) sophisticated investors, have short-term maturities, or have short-term tender or put features.
SEC Rule 15(c)2-12 also requires that Underwriters participating in a bond offering obtain from Packet Pg. 91
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the issuer a written Continuing Disclosure Agreement to provide continuing disclosure with respect to those bonds.
Trustee: A third-party banking institution which administers the funds specified in the trust indenture or agreement and implements the remedies provided in case of default. The Trustee acts on behalf of the bondholders based on the specific requirements in each trust indenture. The Trustee may also refer to a trustee bank acting in the capacity of escrow agent with respect to refunding bonds or issuing and/or paying agent with respect to Commercial Paper or Variable Rate Debt.
Underwriter: A dealer which purchases a new issue of bonds for resale either by negotiation with the issuer or by award on the basis of a competitive bid.
Variable-Rate Debt: A borrowing wherein interest changes at intervals according to an index or formula, or is periodically (e.g., daily, weekly, or monthly) reset at the market clearing rate.
This is also known as floating rate debt.
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Attachment: Debt Management Policy (2591 : Resolution No. 2022-86 Adopting a Debt Management Policy) City of Gonzales
PUBLIC WORKS / CITY ENGINEER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: December 5, 2022
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, Interim City Manager
SUBJECT: Resolution No. 2022-87
RECOMMENDATION
It is recommended that the City Council Adopt Resolution 2022-87, A Resolution of the City Council of the City of Gonzales authorizing the Interim City Manager or Public Works Director to submit a Financial Assistance Application to the State Water Resources Control Board for the Planning and Design of the Wastewater Treatment Plant Improvement Project.
BACKGROUND
The City’s approach to expanding the wastewater system beyond the current 1.3 million gallons/day (MGD) permitted capacity is:
1. Construct Phase 1 of the Industrial Wastewater System (IW System) Project that will add 1.0 million gallons/day (MGD) for total wastewater system capacity of 2.3 MGD. The construction documents for this project are complete and the city applied for a $27M State Revolving Fund loan. When the loan is approved the project will be issued for public bid.
2. Upon completion of Phase 1 of the IW System, the city will rehabilitate the city’s existing wastewater treatment plant. This effort will be called the Wastewater Treatment Plant Improvement Project which entails replacement of aging treatment infrastructure and ponds with new facilities allowing for the WWTP to expand from 1.3 MGD capacity to 1.8 MGD capacity and meet new more stringent effluent water quality limits for nutrients under a forthcoming Waste Discharge Permit from the Regional Water Quality Control Board.
3. As additional IW capacity is needed due to new processing facilities in the Business Park, construct Phase 2 of the Industrial Wastewater System (IW System) Project which will provide AGENDA
ITEM
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up to an additional 2.0 MGD of capacity to the plant for total wastewater system capacity of 3.8 MGD.
REVIEW & ANALYSIS
The Wastewater Treatment Plant Rehabilitation Project is estimated to cost approximately $60 million (hard and soft costs). Staff and our wastewater consultants coordinated with the State Water Resources Control Board and learned of a grant opportunity to fund the planning and design of Wastewater Treatment Plant Improvement Project (above #2).
The planning and design grant application for $5M is attached, and staff recommends adoption of the attached resolution.
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: Rehabilitating the city’s Wastewater Treatment Plant supports our vision to expand the city’s wastewater system capacity and support economic development that will provide additional employment opportunities for City 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: Rehabilitating the city’s Wastewater Treatment Plant will enhance the community’s quality of life by providing for the continued treatment and safe disposal of wastewater.
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 Yes No X 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
ALTERNATIVES
The Council could direct staff to seek other funding for the planning and design but that isn’t recommended as the application is for $5M in grant funding.
BUDGET IMPACT
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There is no budget impact to this evening’s presentation.
CONCLUSION
It is recommended that the City Council Adopt Resolution 2022-87, A Resolution of the City Council of the City of Gonzales authorizing the Interim City Manager or Public Works Director to submit a Financial Assistance Application to the State Water Resources Control Board for the Planning and Design of the Wastewater Treatment Plant Improvement Project.
Attachments:
1. Resolution No. 2022-87
2. Planning and Design Grant Application
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RESOLUTION NO. 2022-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
AUTHORIZING THE INTERIM CITY MANAGER OR PUBLIC WORKS DIRECTOR TO
SUBMIT A FINANCIAL ASSISTANCE APPLICATION TO THE STATE WATER
RESOURCES CONTROL BOARD FOR THE PLANNING AND DESIGN OF THE
WASTEWATER TREATMENT PLANT IMPROVEMENT PROJECT
WHEREAS, upon completion of the Industrial Wastewater System, the city plans to rehabilitate the existing wastewater treatment plant to improve its treatment performance that will be required under a forthcoming Waste Discharge Permit from the Regional Water Quality Control Board; and
WHEREAS, the City submitted a funding application with the State Water Resources Control Board to receive grant funding for the planning and design estimated to cost $5M for the Wastewater Treatment Plant Improvement Project; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GONZALES DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS:
SECTION 1. The Interim City Manager (“Authorized Representative”) or designee (ie, Public Works Director) is hereby authorized and directed to sign and file, for and on behalf of the city, a Financial Assistance Application for financing agreements with the State Water Resources Control Board for the planning, design, and construction of the Wastewater Treatment Plant Improvement Project.
SECTION 2. The Authorized Representative, or designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.
SECTION 3. The Authorized Representative, or his/her designee, is designated to represent the Entity in carrying out the Entity’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the Entity and compliance with applicable state and federal laws.
SECTION 4. The city hereby dedicates and pledges the Sewer Enterprise Fund and Sewer Impact Fund for payment of any and all Clean Water State Revolving Fund and/or Water Recycling Funding Program financing for Wastewater Treatment Plant Improvement Project (the “Project”). The city commits to collecting such revenues and maintaining such fund(s) throughout the term of such financing and until the city has satisfied its repayment obligation thereunder unless modification or change is approved in writing by the State Water Resources Control Board. So long as the financing agreement(s) are outstanding, the city’s pledge hereunder shall constitute a lien in favor of the State Water Resources Control Board on the foregoing fund(s) and revenue(s) without any further action necessary. So long as the financing agreement(s) are outstanding, the city commits to maintaining the fund(s) and revenue(s) at levels sufficient to meet its obligations under the financing agreement(s).
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Attachment: Resolution No. 2022-87 (2592 : Resolution No. 2022-87 Authorize Interim City Manager or Public Works Director to Submit a
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 5
th day of December 2022, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
_______________________________
Jose L. Rios, The Honorable Mayor
ATTEST:
______________________________
Mary Villegas, Deputy City Clerk
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Attachment: Resolution No. 2022-87 (2592 : Resolution No. 2022-87 Authorize Interim City Manager or Public Works Director to Submit a Packet Pg. 98
Attachment: Planning and Design Grant Application (2592 : Resolution No. 2022-87 Authorize Interim City Manager or Public Works Director to Packet Pg. 99
Attachment: Planning and Design Grant Application (2592 : Resolution No. 2022-87 Authorize Interim City Manager or Public Works Director to Packet Pg. 100 Attachment: Planning and Design Grant Application (2592 : Resolution No. 2022-87 Authorize Interim City Manager or Public Works Director to Packet Pg. 101 Attachment: Planning and Design Grant Application (2592 : Resolution No. 2022-87 Authorize Interim City Manager or Public Works Director to Packet Pg. 102 Attachment: Planning and Design Grant Application (2592 : Resolution No. 2022-87 Authorize Interim City Manager or Public Works Director to Packet Pg. 103 Attachment: Planning and Design Grant Application (2592 : Resolution No. 2022-87 Authorize Interim City Manager or Public Works Director to City of Gonzales
PUBLIC WORKS / CITY ENGINEER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: December 5, 2022
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, Interim City Manager
SUBJECT: Resolution No. 2022-88 Authorizing the Grant Application, Acceptance, and Execution of Grant Funds from the State of California Budget Act of 2021 (SB 129)
RECOMMENDATION
It is recommended that the City Council Adopt Resolution No. 2022-88, A Resolution of the City Council of the City of Gonzales Authorizing the Grant Application, Acceptance, and Execution of the Grant Funds from the State of California Budget Act of 2021 (SB 129).
BACKGROUND
Relocating the Monterey County Branch Library from the Gonzales Shopping Center is one of the three buildings that make up the Community Center Complex. This will be a more central location for the library as it will be adjacent to the elementary, middle, and high schools. The new library will include a homework center, study room, outdoor reading areas, and will serve as a cooling center and emergency shelter.
Last May, staff with support from Swinerton Consultants submitted an application under the Building Forward Library Infrastructure Grant Program from the California State Library. Last month, we received the great news that the city will receive a grant award of $1,067,430.
REVIEW & ANALYSIS
The grant will fund the following elements:
• Covid Safe HVAC System
• Emergency Backup Battery Energy Storage
AGENDA
ITEM
11 Packet Pg. 104
• Fire Suppression System
• Electronic Access Control & Intrusion Control
• Fire Alarm System with Bilingual Voice Announcement
• ADA Improvements
• Building Structural System
Staff recommends that the Council adopt the attached Resolution to begin the process of securing this grant funding.
How Recommendation Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.
Explain: Constructing a Community Center will provide residents with a facility for a wide variety of public and private functions, recreation programs and other activities which will enhance the quality of life of Gonzales residents.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ____ No____ N/A
Explain: Please see explanation above for the Mission.
City services will be delivered in a cost-effective, respectful and friendly manner to insure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. X Yes ____No ____ N/A Explain: See Vision explanation above.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes __X_ No ___ N/A
• Housing Yes __X_ No ___ N/A
• Recreation X Yes ____ No ___ N/A
• Environment X Yes ____ No ___ N/A
• Education X Yes ____ No ___ N/A
ALTERNATIVES
Not applicable
BUDGET IMPACT
There is no budget impact to this evening’s presentation.
CONCLUSION
Packet Pg. 105
It is recommended that the City Council Adopt Resolution No. 2022-88, A Resolution of the City Council of the City of Gonzales Authorizing the Grant Application, Acceptance, and Execution of the Grant Funds from the State of California Budget Act of 2021 (SB 129).
Attachments:
1. Resolution No. 2022-88
Packet Pg. 106
RESOLUTION NO. 2022-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
AUTHORIZING THE GRANT APPLICATION, ACCEPTANCE, AND
EXECUTION OF THE GRANT FUNDS FROM THE STATE OF CALIFORNIA BUDGET ACT OF 2021 (SB 129)
WHEREAS, the Legislature and Governor of the State of California made funds available under the Building Forward Library Infrastructure Grant Program from the State of California Budget Act of 2021 (SB 129); and
WHEREAS, the California State Library has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California State Library require a resolution certifying the approval by the potential grantee’s governing board either before submission of said application(s) to the State or prior to execution of the grant agreement; and
WHEREAS, the City of Gonzales, if selected, will enter into an agreement with the State of California to carry out the new library project; and WHEREAS, the City will implement the new library project by relocating the Gonzales Branch Library from the Gonzales Shopping Center to the site of the new Community Center Complex; and
WHEREAS, the City of Gonzales has the legal authority and is authorized to enter into a funding agreement with the State of California; and WHEREAS, the City of Gonzales intends to apply for grant funding from the California State Library funders under the Building Forward Library Grant for the Gonzales Branch Library; and
THEREFORE, BE IT RESOLVED by the City of Gonzales with
acknowledgement of Monterey County Free Libraries, as follows:
1. That pursuant and subject to all of the terms and provisions of the California Budget Act of 2021, the City of Gonzales Interim City Manager or designee (ie, Public Works Director) is hereby authorized and directed to prepare and file an application for funding with the California State Library, and take such other actions necessary or appropriate to obtain grant funding.
2. The City of Gonzales Interim City Manager or designee (ie, Public Works Director) is hereby authorized and directed to execute the funding agreement with the California State Library and any amendments thereto.
Packet Pg. 107 Attachment: Resolution No. 2022-88 (2593 : Resolution No. 2022-88 Authorizing the Grant Application, Acceptance, and Execution of Grant)
3. The City of Gonzales Interim City Manager or designee (ie, Public Works Director) is hereby authorized and directed to submit any required documents, funding requests, and reports required to obtain grant funding.
4. Certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws, and that prior to commencement of the project, all applicable permits will have been obtained.
PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting duly held on the 5
th day of December 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. 108 Attachment: Resolution No. 2022-88 (2593 : Resolution No. 2022-88 Authorizing the Grant Application, Acceptance, and Execution of Grant) City of Gonzales
PUBLIC WORKS / CITY ENGINEER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: December 5, 2022
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, Interim City Manager
SUBJECT: Resolution No. 2022-89 Authorizing Execution of an Agreement with Schaaf & Wheeler to Update the City's Water System Capital Improvement Program for a Not-To-Exceed Fee of $29,000
RECOMMENDATION
It is recommended that the City Council Adopt Resolution No. 2020-89, A Resolution of the City Council of the City of Gonzales Authorizing Execution of a Consultant Agreement with Schaaf & Wheeler in the not-to-exceed amount of $29,000 which includes a contingency budget of $2,100 for Updating the City’s Water System Capital Improvement Program.
BACKGROUND
The City of Gonzales operates a municipal water system that produces and supplies water for approximately 1,920 connections (residential, commercial, and industrial users). Groundwater is the sole source of water supply for the city.
The latest 5-year Water System Capital Improvement Program (CIP) was prepared in 2019 and should be updated for the following reasons:
1. The CIP is an important input to the Water Rate Study contract approved at the November 21, 2022 Council Meeting.
2. The two recent water master planning studies (Kimley Horn in 2019 and AECOM in 2011) focused on extending water service to proposed developments within the city’s sphere of influence and briefly addressed project needs within the existing system.
AGENDA
ITEM
12 Packet Pg. 109
3. The city’s overall CIP was presented to the City Council at the December 2, 2019 meeting and unit costs for pipe and other materials have significantly increased due to COVID impacts on availability of raw materials, manufacturing and trucking.
4. With the recent completion of Well 7, there may be a need for upsizing pipelines in the vicinity of the Corporation Yard to take advantage of the increased capacity from this robust well.
REVIEW & ANALYSIS
Staff requested Schaaf & Wheeler to provide the attached letter proposal to update the City’s Water System Capital Improvement Program. Schaaf & Wheeler maintains the Water Model that was prepared in 2018 using Bentley Water CAD software for the city.
For the reasons mentioned above it’s important to review and update the Water System Capital Improvement Program.
Schaaf & Wheeler is on the city’s on-call consultant list as approved at the February 18, 2020 City Council Meeting. They have an office in Salinas and provide professional engineering services to cities and water/sewer districts in the Monterey Bay region.
Therefore, City staff recommends engaging Schaaf & Wheeler to update the City’s Water System Capital Improvement Program for the not to-exceed fee of $29,000 which includes a $2,100 contingency 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: Updating the Water System Capital Improvement Program will address several needs including information needed for the upcoming Water Rate Study and to plan for proposed development projects
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ____ No____ N/A
Explain: See above Vision statement
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 above Vision statement
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
Packet Pg. 110
Explain: See Vision above.
ALTERNATIVES
a. Direct staff to seek additional proposals for this contract b. Amend or modify staff recommendation.
BUDGET IMPACT
This contract will be funded with Water Enterprise monies.
CONCLUSIONS
It is recommended that the City Council Adopt Resolution No. 2020-89, A Resolution of the City Council of the City of Gonzales Authorizing Execution of a Consultant Agreement with Schaaf & Wheeler in the not-to-exceed amount of $29,000 which includes a contingency budget of $2,100 for Updating the City’s Water System Capital Improvement Program.
Attachments:
1. Resolution No. 2022-89
2. Schaaf & Wheeler Agreement with Letter Proposal (Exhibit A) Packet Pg. 111
RESOLUTION NO 2022-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
AUTHORIZING EXECUTION OF A CONSULTANT AGREEMENT WITH
SCHAAF & WHEELER IN THE NOT-TO-EXCEED AMOUNT OF $29,000 WHICH INCLUDES A CONTINGENCY BUDGET OF $2,100 FOR
UPDATING THE CITY’S WATER SYSTEM CAPITAL IMPROVEMENT
PROGRAM
WHEREAS, the City of Gonzales operates a municipal water system that produces and supplies water for approximately 1,920 connections comprised of residential, commercial, and industrial users; and
WHEREAS, the City’s Water System Capital Improvement Program was prepared in 2019 and staff recommends that it be updated; and
WHEREAS, Schaaf & Wheeler maintains the city’s Water Model using Bentley Water CAD software; and
WHEREAS, Schaaf & Wheeler submitted a proposal to update the Water System Capital Improvement Program; and
WHEREAS, Schaaf & Wheeler is on the City’s on-call consultant list, as approved at the February 18, 2020 City Council meeting.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Gonzales hereby authorizes execution of a consulting agreement with Schaaf & Wheeler to update the Water System Capital Improvement Program for a not-to-exceed fee of $29,000.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 5
th day of December 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
_______________________________
Jose L. Rios, The Honorable Mayor
ATTEST:
______________________________
Mary Villegas, Deputy City Clerk
Packet Pg. 112 Attachment: Resolution No. 2022-89 (2594 : Resolution No. 2022-89 Authorizing Execution of an Agreement with Schaaf & Wheeler to Update Consulting Services Agreement between December 5, 2022
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CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF GONZALES
AND SCHAAF & WHEELER TO UPDATE THE WATER SYSTEM CAPITAL IMPROVEMENT PROGRAM THIS AGREEMENT for consulting services is made by and between the City of Gonzales ("City") and Schaaf & Wheeler ("Consultant") (together sometimes referred to as the "Parties") as of December 5, 2022 (the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 30, 2024, 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 only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $29,000, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, Packet Pg. 113 Attachment: Schaaf & Wheeler Agreement with Letter Proposal (Exhibit A) (2594 : Resolution No. 2022-89 Authorizing Execution of an Consulting Services Agreement between December 5, 2022
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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 progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period; A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 <<Not Used>>
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever 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, Packet Pg. 114 Attachment: Schaaf & Wheeler Agreement with Letter Proposal (Exhibit A) (2594 : Resolution No. 2022-89 Authorizing Execution of an Consulting Services Agreement between December 5, 2022
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unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit A.
2.6 Reimbursable Expenses. Any reimbursable expenses are included in the authorized contract amount and shall be approved by city staff in advance.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City.
Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
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 Packet Pg. 115 Attachment: Schaaf & Wheeler Agreement with Letter Proposal (Exhibit A) (2594 : Resolution No. 2022-89 Authorizing Execution of an Consulting Services Agreement between December 5, 2022
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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 or self-insurance maintained by the City, its officers, officials, employees, Packet Pg. 116 Attachment: Schaaf & Wheeler Agreement with Letter Proposal (Exhibit A) (2594 : Resolution No. 2022-89 Authorizing Execution of an Consulting Services Agreement between December 5, 2022
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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.
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 Packet Pg. 117 Attachment: Schaaf & Wheeler Agreement with Letter Proposal (Exhibit A) (2594 : Resolution No. 2022-89 Authorizing Execution of an Consulting Services Agreement between December 5, 2022
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Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e., limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach:
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.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant's Failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
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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.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the Packet Pg. 122 Attachment: Schaaf & Wheeler Agreement with Letter Proposal (Exhibit A) (2594 : Resolution No. 2022-89 Authorizing Execution of an Consulting Services Agreement between December 5, 2022
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state courts of California in the County of Monterey or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant.
Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
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10.9 Contract Administration. This Agreement shall be administered by the City’s Public Works Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Andy Sterbenz
Schaaf & Wheeler
3 Quail Run Circle, Suite 101
Salinas, Ca 93907
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 represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
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 Packet Pg. 124 Attachment: Schaaf & Wheeler Agreement with Letter Proposal (Exhibit A) (2594 : Resolution No. 2022-89 Authorizing Execution of an Consulting Services Agreement between December 5, 2022
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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 SCHAAF & WHEELER
Carmen Gil, Interim City Manager Charles D. Anderson, President Attest:
Mary Villegas, Deputy City Clerk
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EXHIBIT A
SCOPE OF SERVICES AND COMPENSATION SCHEDULE
.
Packet Pg. 126 Attachment: Schaaf & Wheeler Agreement with Letter Proposal (Exhibit A) (2594 : Resolution No. 2022-89 Authorizing Execution of an Santa Clara ● San Francisco ● Santa Rosa ● Salinas ● Truckee November 28, 2022
Mr. Patrick Dobbins, PE
Public Works Director/City Engineer
City of Gonzales
147 Fourth Street
Gonzales, CA 93926
Subject: Proposal for Update of the City Water System Capital Improvement Program Dear Patrick:
Schaaf & Wheeler is pleased to propose engineering services for the Update of the City Water System Capital Improvement Program. This effort is a continuation of the current work to update the City’s water model. The City is about to start a rate study and needs an updated 5-year CIP to include in that budget.
Our detailed scope of work and fee estimate are attached. Our estimated fee for this project is $26,900, which includes making additional updates to the City’s water model. Costs will be billed on a time and materials basis, with a not-to-exceed limit. Our current charge rate schedule is attached.
We thank you for this opportunity to propose services for the Update of the City Water System Capital Improvement Program. Should you need any further information, please contact me at (831) 883-4848 or [email protected].
Sincerely,
Schaaf & Wheeler
Andrew A. Sterbenz, PE
Vice President
License # C 69703
Encl.
Schaaf & Wheeler
CONSULTING CIVIL ENGINEERS
3 Quail Run Circle, Suite 101
Salinas, CA 93907
831-883-4848
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Project Understanding
The City of Gonzales is starting a water rate study that will ultimately support a Proposition 218 process and rate adoption. The latest 5-year Water System CIP was prepared in 2019 and needs to be updated for inclusion in the City budget and the rate study. The two most recent water master planning studies (Kimley Horn in 2019 and AECOM in 2011) focused on providing service to proposed developments within the City sphere of influence, and only briefly addressed projects needed within the existing system. Schaaf & Wheeler is currently updating the City’s water model to assess near-term development projects.
Scope of Work
1. Update the City Water Model
1.1. Schaaf & Wheeler will make additional updates to the current condition model, if needed to correctly model infill development, particularly in the industrial park.
1.1.1.Once the model is updated, we will run the peak hour and maximum day plus fire flow scenarios to identify deficiencies.
1.1.2.Because the model is skeletonized, we will evaluate identified deficiencies to determine if they exist only in the model. Missing pipelines may be added to the model to assess if low flow or low pressure conditions may actually exist. The resulting list of deficient areas will then be brought to O&M staff for assessment.
1.1.3.City staff reports high pressures being an issue along the southwest (lower) side of town. We will use the model to assess the causes and means of mitigating these conditions.
2. Evaluate projects listed in previous master plans
2.1. The previous master plan reports listed several proposed projects to mitigate existing deficiencies (listed below). We will use the updated model to assess the need for these projects and to identify alternatives or additional projects, as needed. The current list of master plan recommendations are:
2.1.1.Add a parallel pipeline in Johnson Canyon Road to the water tanks to improve conveyance. The size of this pipeline is variously listed as 14, 18 and 24-inch diameter.
2.1.2.Add a hydropneumatic tank next to Well 6 to act as a surge suppresser.
2.1.3.Add a forebay tank and booster pump next to Well 6 to address low pressure periods.
2.1.4.Replace the 6-inch water main in First Street with a 10-inch main to improve conveyance to/from Alta Street.
2.1.5.Construct Well 7 (complete) and a pipeline connecting it to the east side of Hwy 101.
2.2. Evaluate additional projects as needed to address identified deficiencies.
2.3. Meet with City Staff to discuss results
3. Prepare cost estimates and implementation schedules
3.1. Projects will be ranked in order of importance and placed on a draft schedule. The schedule may exceed the 5-year budget planning window.
3.2. For each proposed project, a detailed description and conceptual cost estimate will be prepared. Cost estimates will be based on recent public work bid results, so the extent available. Costs will be scaled to current month using the ENR cost indices, and projected forward assuming an agreed upon inflation rate.
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4. Prepare a summary report
4.1. Results of the modeling update and the recommended list of capital projects will be summarized in a technical memorandum. The report will be submitted as draft for staff review and then as final.
Packet Pg. 129 Attachment: Schaaf & Wheeler Agreement with Letter Proposal (Exhibit A) (2594 : Resolution No. 2022-89 Authorizing Execution of an Client:
Project:
Task:
Estimate Date: 11/28/2022
TASK ITEMS PRINCIPAL SEN SENIOR ASSOC ASST IN-HOUSE IN-HOUSE TOTAL PROJ MGR PROJ MGR ENG ENG ENG SUBTOTAL LABOR MATERIAL COSTS $ NO. DESCRIPTION $250 $235 $220 $200 $185 M.H.'S COSTS $ COSTS $ W/ MARK-UP 1 Update the Water Model for Infill Developemnt
Update system demands 2 8 10 $1,950 $1,950
Develop MDD and PHD Scenarios 2 4 6 $1,210 $1,210
Run fire flow scenarios and identify deficiencies 2 8 10 $1,950 $1,950 2 Evaluate Projects
Review and update prjects from previous master plans 4 8 12 $2,420 $2,420 Identify additional projects 4 8 12 $2,420 $2,420
Identify alternatives to previous projects 4 8 12 $2,420 $2,420 Meet with City Staff to evaluate list 8 8 16 $3,360 $3,360 3 Cost Estimating and Scheduling
Develop an implementation schedule 4 4 8 $1,680 $1,680
Prepare cost estimates for ther ecommended projects 4 16 20 $3,900 $3,900 4 Prepare Memorandum Report
Prepare Draft Report 4 8 12 $2,420 $2,420
Review with City Staff 2 4 6 $1,210 $1,210
Prepare Final Report 2 8 10 $1,950 $1,950
Total 0 42 0 0 92 134 $26,890 $0 $26,890
ROUNDED TOTAL $26,900
10%
City of Gonzales
Water System CIP Update
Gonzales_Fee_Est.xlsx/CIP Update 11/28/2022 Packet Pg. 130 Attachment: Schaaf & Wheeler Agreement with Letter Proposal (Exhibit A) (2594 : Resolution No. 2022-89 Hourly Charge Rate Schedule
Personnel Charges
Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the project.
Current rates by classification are listed below:
Classification Rate/Hr Classification Rate/Hr
Principal Project Manager $250 Construction Manager $235 Senior Project Manager $235 Senior Resident Engineer $210 Senior Engineer $220 Resident Engineer $190
Associate Engineer $200 Assistant Resident Engineer $175 Assistant Engineer $185
Junior Engineer $175
Designer $160
GIS Analyst $160
Technician $155
Engineering Trainee $125
Litigation Charges
Work done in preparation for litigation and other very high level-of-expertise assignments is charged at $350 per hour. Court or deposition time as an expert witness is charged at $450 per hour.
Materials and Services
Subcontractors, special equipment, outside reproduction, data processing, computer services, etc., will be charged at 1.10 times cost.
Effective 1/1/22
Schaaf & Wheeler
CONSULTING CIVIL ENGINEERS
4699 Old Ironsides Drive., Suite 350
Santa Clara, CA 95054-1860
408-246-4848
Fax 408-246-5624
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ITEM
RESOLUTION NO. 2022-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES ADOPTING THE CITY COUNCIL MEETINGS SCHEDULE FOR 2023
BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF GONZALES, that the City Council meetings shall be held, unless otherwise noticed, at 6:00pm the first and third Monday of each month, in the City Council Chambers located at 117 Fourth Street, Gonzales, California, in accordance with “Exhibit A” attached hereto.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 5
th day of December, 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. 132 Attachment: Resol 2022-90 (2596 : Resolution No. 2022-90 Adopting 2023 Council Meeting Schedule) 13 Exhibit A
2023 City Council Meetings Calendar
Month
Due to holidays & conflicts, some dates
may not fall on the specific day or month
Meeting Date
MONDAY
(unless specified)
JANUARY Jan-9 (due to New Year’s Holiday)
Jan-17 (Tuesday, due to Martin Luther King, Jr. Holiday) FEBRUARY Feb-6
Feb-21 (Tuesday, due to President’s Day Holiday)
MARCH Mar-6
Mar-20
APRIL Apr-3
Apr-17
MAY May-1
May-15
JUNE Jun-5
Jun-20 (Tuesday, due to Juneteenth Holiday)
JULY Jul-3 (Cancelled due to Summer Recess)
Jul-17
AUGUST Aug-7
Aug-21
SEPTEMBER Sep-5 (Tuesday, due to Labor Day Holiday)
Sep-18
OCTOBER Oct-2
Oct-16
NOVEMBER Nov-6
Nov-20
DECEMBER Dec-4
Dec-18 (Cancelled due to Holidays)
Regular meetings are held every 1st and 3rd Monday of the month (unless otherwise specified)
at 6:00 p.m. in the City Council Chambers
117 Fourth Street, Gonzales, CA 93926
Packet Pg. 133 Attachment: Resol 2022-90 (2596 : Resolution No. 2022-90 Adopting 2023 Council Meeting Schedule) City of Gonzales
FINANCE DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: December 5, 2022
FROM: Mike Howard, Finance Director
THROUGH: Carmen Gil, Interim City Manager
SUBJECT: Resolution No. 2022-91 Amending the Classification Plan for FY 2022-2023
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2022-91, A Resolution of the City Council of the City of Gonzales Approving an Amendment to the City of Gonzales Classification Plan for the Fiscal Year 2022-2023.
BACKGROUND
Each year, the City is required to adopt a Summary of Job Classifications and Salary Schedule, which reflects all Council approved classifications and compensation. Amendments to the Schedule may occur during the fiscal year and are submitted to Council for approval.
On January 1, 2023, State law increases the 2023 minimum wage to $15.50 per hour for all employers regardless the number of employees. As a result, it is necessary to make adjustments to some of the City’s part-time hourly pay rates. A Resolution and updated FY 2022-2023 Salary Schedule is attached for Council consideration.
REVIEW AND ANALYSIS
In June 2022, the City Council adopted the FY 2022-2023 Budget, which included the Summary of Job Classifications and Salary Schedule. This Amendment to the FY 2022-2023 Salary Sschedule is necessary to memorialize the increase in minimum wage for some of the City’s part-time positions in Recreation that are currently set at the 2022 minimum wage in order to avoid compaction between subordinates and supervisors.
AGENDA
ITEM
14 Packet Pg. 134
The proposed increases are as follows:
Classification 2022 Hourly Rate 2023 Hourly Rate % of Increase Pool Manager $17.58 $18.30 4.10%
Assistant Pool Manager $16.91 $17.60 4.08%
Senior Life Guard $16.26 $16.90 3.94%
Life Guard $15.64 $16.15 3.26%
Recreation Leader II $15.64 $16.15 3.26%
Rec Leader I/After School Aid $15.00 $15.50 3.33%
Rec Program Supervisor $15.64 $16.15 3.26%
Explain Recommendation and How it Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.
Explain: Paying competitive wages encourages our youth with growth 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 ___ NA
Explain: It is necessary for the City to comply with State Wage and Hour laws which also provides for enhanced quality of life.
City services will be delivered in a cost-effective, respectful and friendly manner to ensure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. ___ Yes ___No X NA Explain: The City is required to comply with the new Minimum Wage Order effective January 1, 2023.
Strong fiscal reporting allows us to provide appropriate resources for:
• Public Safety X Yes No N/A
• Housing X Yes No N/A
• Recreation X Yes No N/A
• Environment X Yes No N/A
• Education X Yes No N/A
Explain: Please see above.
ALTERNATIVES
The following alternative are provided for Council Consideration.
1. Adopt the Resolution;
2. Modify and adopt the Resolution;
3. Do not adopt the Resolution and direct staff to consider other options; or
4. Provide staff other direction.
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BUDGET IMPACT
There is no financial impact with the adoption of this resolution. Increases were factored into the FY 2022-2023 Budget when it was prepared.
CONCLUSION
It is recommended that the City Council adopt Resolution No. 2022-91, A Resolution of the City Council of the City of Gonzales Approving an Amendment to the City of Gonzales Classification Plan for the Fiscal Year 2022-2023.
Attachments:
1. Resol 2022-91
2. Classification Plan FY 2022-2023
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RESOLUTION NO. 2022-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
APPROVING AN AMENDMENT TO THE CITY OF GONZALES
CLASSIFICATION PLAN FOR FISCAL YEAR 2022-2023
WHEREAS, each year, the City maintains job descriptions for each position and a Summary of Job Classifications and Salary Schedule that sets forth all existing job classifications and salary steps; and
WHEREAS, the adoption of an annual Summary of Job Classifications and Salary Schedule is required by CalPERS; and
WHEREAS, the City Council desires to make changes to the pay rates for certain part-time positions to comply with the State of California increase in minimum wage, and to avoid compaction issues in pay rates between subordinates and supervisors.
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the City Council of the City of Gonzales hereby approves an amendment to the City’s FY 2022-2023 Classification Plan in the form attached hereto as Exhibit “A”, and by this reference, incorporated herein.
PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting duly held on the 5th day of December 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. 137 Attachment: Resol 2022-91 (2598 : Resolution No. 2022-91 Amending the Classification Plan FY 2022-2023) Revised 12-5-22, Effective 01/01/23
CLASSIFICATION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8
EXECUTIVE MANAGEMENT STAFF
CITY MANAGER
ASSISTANT CITY MANAGER $11,282.99 $11,790.72 $12,321.31 $12,875.77 $13,455.18 $14,060.66 $14,693.39 $15,354.59 DEPUTY CITY MANAGER $9,084.54 $9,493.34 $9,920.54 $10,366.97 $10,833.48 $11,320.99 $11,830.43 $12,362.80 COMMUNITY DEVELOPMENT DIRECTOR $9,589.24 $10,020.76 $10,471.69 $10,942.92 $11,435.35 $11,949.94 $12,487.69 $13,049.64 PUBLIC SAFETY DIRECTOR (CHIEF OF POLICE) $10,192.90 $10,651.58 $11,130.90 $11,631.79 $12,155.22 $12,702.20 $13,273.80 $13,871.12 *PUBLIC SAFETY DIRECTOR (CHIEF OF POLICE) -
GRANDFATHERED $10,906.40 $11,397.19 $11,910.06 $12,446.01 $13,006.09 $13,591.36 $14,202.97 $14,842.10 SPECIAL PROJECTS DIRECTOR $8,651.94 $9,041.27 $9,448.13 $9,873.30 $10,317.60 $10,781.89 $11,267.07 $11,774.09 DIRECTOR OF PUBLIC WORKS $9,132.61 $9,543.58 $9,973.04 $10,421.83 $10,890.81 $11,380.90 $11,893.04 $12,428.22 *DIRECTOR OF PUBLIC WORKS - GRANDFATHERED $9,452.25 $9,877.61 $10,322.10 $10,786.59 $11,271.99 $11,779.23 $12,309.29 $12,863.21 FIRE CHIEF $8,612.06 $8,999.60 $9,404.58 $9,827.79 $10,270.04 $10,732.19 $11,215.14 $11,719.82 FIRE CHIEF - GRANDFATHERED $9,214.90 $9,629.57 $10,062.90 $10,515.74 $10,988.94 $11,483.45 $12,000.20 $12,540.21
DIRECTOR OF COMMUNITY ENGAGEMENT &
STRATEGIC PARTNERSHIPS $8,719.71 $9,112.10 $9,522.14 $9,950.64 $10,398.42 $10,866.35 $11,355.33 $11,866.32
MID-MANAGEMENT STAFF
CAPTAIN $8,696.49 $9,087.84 $9,496.79 $9,924.14 $10,370.73 $10,837.41 $11,325.10 $11,834.73 DEPUTY FIRE CHIEF $7,209.95 $7,534.40 $7,873.45 $8,227.76 $8,598.01 $8,984.92 $9,389.24 $9,811.75 RECREATION COORDINATOR/ ADMINISTRATIVE $4,226.13 $4,416.31 $4,615.04 $4,822.72 $5,039.74 $5,266.53 $5,503.52 $5,751.18 PUBLIC WORKS SUPERVISOR $5,349.22 $5,589.94 $5,841.48 $6,104.35 $6,379.05 $6,666.10 $6,966.08 $7,279.55
SUPERVISORY STAFF
POLICE SERGEANT $7,994.93 $8,354.70 $8,730.66 $9,123.54 $9,534.10 $9,963.14 $10,411.48 $10,880.00 *POLICE SERGEANT - GRANDFATHERED $8,554.58 $8,939.53 $9,341.81 $9,762.19 $10,201.49 $10,660.56 $11,140.28 $11,641.59 PUBLIC WORKS LEAD WORKER $4,267.43 $4,459.46 $4,660.14 $4,869.84 $5,088.99 $5,317.99 $5,557.30 $5,807.38 *PUBLIC WORKS LEAD WORKER - GRANDFATHERED $4,416.79 $4,615.54 $4,823.24 $5,040.29 $5,267.10 $5,504.12 $5,751.81 $6,010.64
BUILDING/MAINTENANCE STAFF
BUILDING INSPECTOR II $4,984.58 $5,208.89 $5,443.29 $5,688.23 $5,944.21 $6,211.69 $6,491.22 $6,783.33 BUILDING INSPECTOR I $4,236.89 $4,427.55 $4,626.79 $4,834.99 $5,052.57 $5,279.93 $5,517.53 $5,765.82 MECHANIC II $4,386.71 $4,584.11 $4,790.40 $5,005.96 $5,231.23 $5,466.64 $5,712.64 $5,969.71 *MECHANIC II - GRANDFATHERED $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 MECHANIC I $4,055.78 $4,238.29 $4,429.01 $4,628.32 $4,836.59 $5,054.24 $5,281.68 $5,519.36 TECHNICIAN $4,055.78 $4,238.29 $4,429.01 $4,628.32 $4,836.59 $5,054.24 $5,281.68 $5,519.36 MAINTENANCE WORKER $3,356.76 $3,507.81 $3,665.67 $3,830.62 $4,003.00 $4,183.13 $4,371.37 $4,568.09 *MAINTENANCE WORKER - GRANDFATHERED $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
PUBLIC SAFETY STAFF
POLICE CORPORAL $6,383.12 $6,670.37 $6,970.53 $7,284.21 $7,611.99 $7,954.53 $8,312.49 $8,686.55 POLICE OFFICER $6,079.16 $6,352.72 $6,638.59 $6,937.33 $7,249.51 $7,575.73 $7,916.64 $8,272.89 *POLICE OFFICER - GRANDFATHERED $6,504.70 $6,797.41 $7,103.29 $7,422.94 $7,756.97 $8,106.03 $8,470.81 $8,851.99 FIRE ENGINEER $4,969.27 $5,192.89 $5,426.57 $5,670.77 $5,925.95 $6,192.62 $6,471.29 $6,762.49 FIREFIGHTER $4,537.16 $4,741.33 $4,954.69 $5,177.65 $5,410.65 $5,654.13 $5,908.56 $6,174.45 POLICE SERVICES TECHNICIAN $3,192.44 $3,336.10 $3,486.22 $3,643.10 $3,807.04 $3,978.36 $4,157.38 $4,344.47
SUPPPORT STAFF
SENIOR ACCOUNTING TECHNICIAN $4,806.63 $5,022.93 $5,248.96 $5,485.17 $5,732.00 $5,989.94 $6,259.49 $6,541.16 *SENIOR ACCOUNTING TECHNICIAN -
GRANDFATHERED $4,974.87 $5,198.73 $5,432.68 $5,677.15 $5,932.62 $6,199.59 $6,478.57 $6,770.10
EXECUTIVE ASSISTANT TO THE CITY
MANAGER/DEPUTY CITY CLERK $4,806.63 $5,022.93 $5,248.96 $5,485.17 $5,732.00 $5,989.94 $6,259.49 $6,541.16 *EXECUTIVE ASSISTANT TO THE CITY MANAGER
DEPUTY CITY CLERK - GRANDFATHERED $4,974.87 $5,198.73 $5,432.68 $5,677.15 $5,932.62 $6,199.59 $6,478.57 $6,770.10
DEVELOPMENT SERVICES
TECHNICIAN/ADMINISTRATIVE ANALYST $3,757.10 $3,926.17 $4,102.85 $4,287.48 $4,480.41 $4,682.03 $4,892.72 $5,112.90 ACCOUNTING SPECIALIST $3,495.50 $3,652.79 $3,817.17 $3,988.94 $4,168.44 $4,356.02 $4,552.04 $4,756.89 ADMINISTRATIVE ASSISTANT/RECORDS SUPERVISOR $3,757.10 $3,926.17 $4,102.85 $4,287.48 $4,480.41 $4,682.03 $4,892.72 $5,112.90 ADMINISTRATIVE ASSISTANT II $3,495.50 $3,652.79 $3,817.17 $3,988.94 $4,168.44 $4,356.02 $4,552.04 $4,756.89 ADMINISTRATIVE ASSISTANT I $3,088.07 $3,227.03 $3,372.25 $3,524.00 $3,682.58 $3,848.29 $4,021.47 $4,202.43 YOUTH PROGRAM COORDINATOR $3,638.41 $3,802.14 $3,973.23 $4,152.03 $4,338.87 $4,534.12 $4,738.15 $4,951.37 SPORTS & SENIOR PROGRAMS COORDINATOR $3,638.41 $3,802.14 $3,973.23 $4,152.03 $4,338.87 $4,534.12 $4,738.15 $4,951.37 SECRETARY $2,671.94 $2,792.17 $2,917.82 $3,049.12 $3,186.33 $3,329.72 $3,479.55 $3,636.13 RECEPTIONIST- CLERK $2,532.80 $2,646.78 $2,765.88 $2,890.35 $3,020.41 $3,156.33 $3,298.36 $3,446.79
SEASONAL/PART-TIME (HOURLY RATE)
PROJECT COORDINATOR $23.01 $24.05 $25.13 $26.26 $27.44 $28.68 COMMUNITY HEALTH WORKER $20.33 $21.25 $22.20 $23.20 $24.24 $25.34 POOL MANAGER $18.30 $19.12 $19.98 $20.88 $21.82 $22.81
ASSISTANT POOL MANAGER $17.60 $18.39 $19.22 $20.08 $20.99 $21.93 SENIOR LIFE GUARD $16.90 $17.66 $18.46 $19.29 $20.15 $21.06 LIFE GUARD $16.15 $16.88 $17.64 $18.43 $19.26 $20.13
RECREATION LEADER II $16.15 $16.88 $17.64 $18.43 $19.26 $20.13 RECREATION LEADER I/AFTER SCHOOL AID $15.50 $16.20 $16.93 $17.69 $18.48 $19.32 RECREATION PROGRAM SUPERVISOR $16.15 $16.88 $17.64 $18.43 $19.26 $20.13
CITY COUNCIL & MAYOR
CITY COUNCIL & MAYOR - MONTHLY STIPEND $400.00
CITY OF GONZALES CLASSIFICATION PLAN
FISCAL YEAR 2022-2023
FOUR AND ONE HALF-PERCENT STEP ADVANCEMENT EXCELLENCE INCENTIVES $17,190.50 MONTHLY (SALARY INDEPENDENT OF STEP SCHEDULE) 07-01-2021 Packet Pg. 138 Attachment: Classification Plan FY 2022-2023 (2598 : Resolution No. 2022-91 Amending the Classification Plan FY 2022-2023) City of Gonzales
CITY MANAGER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: December 5, 2022
FROM: Carmen Gil, Community Engagement & Strat. Partnership Dir.
THROUGH: Carmen Gil, Interim City Manager
SUBJECT: Agreement with Sun Street Centers
RECOMMENDATION
It is recommended that the Gonzales City Council approve and allow the Interim City Manager to sign an Agreement with Sun Street Centers in the amount of $19,000 for the Road to Success diversion program for the period of January 1, 2023 through June 30, 2023.
BACKGROUND
On August 15, 2016, the Gonzales City Council adopted Resolution No. 2016-55 approving the 2016 Board of State and Community Corrections (BSCC) Strengthening Law Enforcement and Community Relations Grant in the amount of $850,000, in order for the Four Cities United Initiative (comprised of the Cities of Gonzales, Soledad, Greenfield and King) to gain funds to develop program elements that support a regional approach, and mold a culture of trust and inclusion between law enforcement agents and community members, and provide programs and resources for at-risk youth within South Monterey County.
Pursuant to the requirements of the BSCC Grant, the City of Gonzales took the necessary steps to design, implement, provide, and complete a youth diversion program for at-risk youth within South Monterey County. Said program was initiated on July 1, 2016, and successfully completed, under the BSCC Grant, on June 30, 2018. Since then, the program has continued to be in effect through a partnership with Sun Street Centers and although COVID-19 put a damper on participation due to school closures, we believe that the program is an asset to the community and can help deter local youth from entering the criminal justice system.
REVIEW & ANALYSIS
AGENDA
ITEM
15 Packet Pg. 139
Given the long trajectory of the program and the partnership with Sun Street Centers for the Road to Success diversion program and the fact that the school is now a partner in the program it is important for us to continue to support this effort. Anything that can help prevent youth from entering the juvenile justice system is worth supporting because of the return on investment we will receive in the long run; by having the school and our School Resource Officer work in tandem with Sun Street Centers on diversion we can create a system that is more impactful for young people who are struggling and help redirect them back onto a good path before they get wrapped up in a system that will make it hard for them to thrive.
Duties and Commitments
In partnership, the Gonzales PD and Sun Street Centers will identify 6 youth who are potentially at-risk of falling into the criminal justice system. Once a juvenile is identified he or she will be referred to Sun Street Centers’ Road to Success program so that they can get the support they need and restore their offense rather than getting registered into criminal justice system. Students will be required to successfully complete the program in order for their cases to be closed and not processed further into the system by law enforcement.
Per the Agreement, Sun Street Center will be responsible for providing the following activities/deliverables:
• Implementation, operation, management, staffing and administration of the Sun Street Centers “Road to Success” At-Risk Youth Program.
• Coordination with the Gonzales PD and School District to ensure timely and appropriate implementation of the program.
• Linkage to pro-social and healthy activities for youth engaged in the program. • Involvement of parents/caregivers in a structed parental evidence-based curriculum. • Involvement in the development, and establishment of the Community Accountability Board (CAB).
• Attend regular program meetings with the City of Gonzales staff.
Explain Recommendation and How it Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small town charm.
Explain: The Road to Success program will continue to make a positive impact in the community especially for youth who are identified at-risk and can be diverted into the program instead of falling into the complicated juvenile justice system.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes _____No _____ NA
Explain: This partnership and program supports the City’s Mission by allowing us to invest in local youth and aid in the prevention of having them fall into the criminal justice system.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing Yes X No N/A
• Recreation Yes No X N/A
Packet Pg. 140
• Environment Yes No X N/A
• Education X Yes No N/A
Explain: Please see explanation above.
ALTERNATIVES
The Council can choose to discontinue the Agreement with Sun Street Centers. Or direct staff to look for other partners that can potentially provide a similar service.
BUDGET IMPACT
The budget will be impacted by $19,000. The $19,000 will be charged to 100-300-6245. This is a current unbudgeted expense; however, staff will work this expenditure into the current budget. No budget amendment is being requested at this time.
CONCLUSION
It is recommended that the Gonzales City Council approve and allow the Interim City Manager to sign an Agreement with Sun Street Centers in the amount of $19,000 for the Road to Success diversion program for the period of January 1, 2023 through June 30, 2023.
Attachments:
1. Agreement with Sun Street Centers
Packet Pg. 141
Exhibit A
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF GONZALES AND SUN STREET CENTERS
THIS AGREEMENT for consulting services is made by and between the City of Gonzales (“City”) and Sun Street Centers (“Consultant”) (together referred to as the “Parties”) as of Jan. 1, 2023 (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, and incorporated herein, 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 Jan.1, 2023 (Effective Date) and shall end on June 30, 2023 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 according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above, and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Nineteen Thousand Dollars $19,000 notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit B, 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, 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.
Packet Pg. 142 Attachment: Agreement with Sun Street Centers (2601 : Agreement with Sun Street Centers) Exhibit A
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement for services rendered under this agreement. Billing shall be made monthly, commencing thirty days after this Agreement prior the 15th of the succeeding month.
Invoices shall contain the following information:
▪ The beginning and ending dates of the billing period; ▪ The number of hours provided for the services identified in Exhibits A & B with a clear description of the specific service, contacts and/or tasks accomplished and/or provided;
▪ The Consultant's signature;
▪ 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 the line itemized budget 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 & B 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 monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 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.
2.4 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Packet Pg. 143 Attachment: Agreement with Sun Street Centers (2601 : Agreement with Sun Street Centers) Exhibit A
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, 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. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
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 one million dollars ($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 one million dollars ($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. Packet Pg. 144 Attachment: Agreement with Sun Street Centers (2601 : Agreement with Sun Street Centers) Exhibit A
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.
c. For any claims related to this Agreement or the work hereunder, the Consultant's insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance 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 one million ($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 must 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. Packet Pg. 145 Attachment: Agreement with Sun Street Centers (2601 : Agreement with Sun Street Centers) Exhibit A
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 endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e., limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and 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;
Packet Pg. 146 Attachment: Agreement with Sun Street Centers (2601 : Agreement with Sun Street Centers) Exhibit A
▪ 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 indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with Consultant's performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.
The Consultant's obligation to defend and indemnify shall not be excused because of the Consultant's inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.
With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type to express or implied indemnity against the Indemnitees.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
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.
Packet Pg. 147 Attachment: Agreement with Sun Street Centers (2601 : Agreement with Sun Street Centers) Exhibit A
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
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 Clause. During the performance of this Agreement, Consultant and its subcontractors shall not unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of age, ancestry, color, disability (mental or physical), exercising the right to family care and medical leave, gender, gender expression, gender identity, genetic information, marital status, medical condition, military or veteran status, national origin, political affiliation, race, religious creed, sex (includes pregnancy, childbirth, breastfeeding and related medical conditions), and sexual orientation. Consultant and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subcontractor shall comply with the provisions of Fair Employment and Housing Act [Gov.
Code § 12990 (a-f) et. seq] and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
Consultant and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
Consultant shall include the nondiscrimination and compliance provision of this clause in all subcontracts to perform work under this Agreement.
Section 8. TERMINATION AND MODIFICATION.
Packet Pg. 148 Attachment: Agreement with Sun Street Centers (2601 : Agreement with Sun Street Centers) Exhibit A
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 thirty (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. In the event youth are in progress during the end date of this agreement, City agrees to extend date agreement but no additional compensation shall be provided unless agreed to by both parties.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
Packet Pg. 149 Attachment: Agreement with Sun Street Centers (2601 : Agreement with Sun Street Centers) Exhibit A
8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the 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.
Packet Pg. 150 Attachment: Agreement with Sun Street Centers (2601 : Agreement with Sun Street Centers) Exhibit A
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager or his/her Designee (“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:
Anna Foglia, Sun Street Centers CEO
11 Peach Drive
Salinas, CA 93901
Any written notice to City shall be sent to:
City of Gonzales
P.O. Box 647
Gonzales, CA 93926
Packet Pg. 151 Attachment: Agreement with Sun Street Centers (2601 : Agreement with Sun Street Centers) Exhibit A
10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B and C represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Payment Schedule
Exhibit C Sun Street Centers Program Budget Proposal
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.
The Parties have executed this Agreement as of the Effective Date.
CITY OF GONZALES SUN STREET CENTERS
Carmen Gil, Interim City Manager Anna Foglia, CEO
Attest:
Mary Villegas, Deputy City Clerk
Approved as to Form:
Michael F. Rodriquez, City Attorney
Packet Pg. 152 Attachment: Agreement with Sun Street Centers (2601 : Agreement with Sun Street Centers) Exhibit A
EXHIBIT A
SCOPE OF SERVICES
Service Description: Sun Street Centers will provide services associated with the continued implementation, operation, management,staffing and administration of an At-risk Youth Program; specifically, the Sun Street Centers “Road to Success” At-risk Youth Program for the City of Gonzales. Services tobeprovidedincludecasemanagement toyouth referred by the City of Gonzales to the program, linkage to pro-social youth activities, and parenting education using evidenced-based programs. SunStreetCenterswillworkwith thecityofGonzales toensure continued operation oftheprogramanditsrelated services.
Specific Program Activities: Activities associated with this agreement include:
• Continued implementation, operation,management,staffing and administration of the Sun Street Centers "Road to Success" At-risk Youth Program.
• Coordination with the City of Gonzales Police Department and City of Gonzales Community Engagement and Strategic Partnership Department and partnership with Gonzales Unified School District to ensure timely and appropriate implementation of program
• Linkagetopro-socialandhealthyactivitiesforyouthengagedintheprogram • Involvement of parents/caregivers in a structured parental evidence-based curriculum • Involvement inthe development, and establishment of the Community Accountability Board (CAB) • SunStreetCenterleadershipwill attendregular programmeetingsasstipulatedbytheCityof Gonzales Deliverables:
• Provide one .5 FTE Case Management Specialist and one (1) part-time Program Manager; and
• Provide the Sun Street Centers Road to Success Program to 6 at-risk youth referred by City of Gonzales Police Department; and
• Provide 90 to 180-day individualized program to referred At-risk Youth; and • Provide four (4) weeks or 8 hours of parenting Life Skills Training for adult parents, or guardian of individual youth referred, using a n evidenced-based program (Dr. Botvin's Life Skills Training for Parents); and ·
• Provide th e City of Gonzales with reports, records, and data pertaining to program enrollment, program status, and program completion/failure rates as requested by City; and
• Develop and utilize volunteer Community Accountability Boards (CAB) made up of City of Gonzales community leaders in order to develop an additional support system for youth goals and evaluation; and
Packet Pg. 153 Attachment: Agreement with Sun Street Centers (2601 : Agreement with Sun Street Centers) Exhibit A
• Attend regular program update meetings as requested and scheduled by City.
Reporting:Providereports totheCityofGonzalesutilizing reportingforms tobeprovided bytheCityof Gonzalesin accordancewiththefollowingschedule:
Reporting Period Due Date
January 01, 2023 - March 30, 2023 April 15, 2023
April 1, 2023-June 30, 2023 July 15, 2023
EXHIBIT B
COMPENSATION SCHEDULE
Packet Pg. 154 Attachment: Agreement with Sun Street Centers (2601 : Agreement with Sun Street Centers) Exhibit A
Invoice Submittal Process and Schedule:
Consultant shall submit invoices, not more often than once a month during the term of this Agreement for services rendered under this agreement. Billing shall be made monthly, commencing thirty days after this Agreement prior to the 15th of the succeeding month. The City agrees to continue to compensate Sun Street Centers for expenditures after the end of this agreement to complete active youth until cases can be closed, within the maximum amount provided in this Agreement. Invoices shall contain the following information:
▪ The beginning and ending dates of the billing period; ▪ The number of hours provided for the services identified in Exhibits A & B with a clear description of the specific service, contacts, and/or tasks accomplished and/or provided; ▪ The Consultant's signature;
▪ 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 the line itemized budget 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 & B and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable. The sample invoice provided can serve as the invoice guide to meeting these requirements.
City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
Packet Pg. 155 Attachment: Agreement with Sun Street Centers (2601 : Agreement with Sun Street Centers) Exhibit A
EXHIBIT C
PROGRAM BUDGET PROPOSAL-SUN STREET CENTERS
The following budget represents the allocation for services associated with the Consulting Services Agreement during the period January 1, 2023-June 30, 2023:
Packet Pg. 156 Attachment: Agreement with Sun Street Centers (2601 : Agreement with Sun Street Centers) Exhibit A
Packet Pg. 157 Attachment: Agreement with Sun Street Centers (2601 : Agreement with Sun Street Centers) City of Gonzales
CITY MANAGER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: December 5, 2022
FROM: Carmen Gil, Community Engagement & Strat. Partnership Dir.
THROUGH: Carmen Gil, Interim City Manager
SUBJECT: Resolution No. 2022-92 Declaring Canvass of Election Results
RECOMMENDATION
It is recommended that your Council:
• Consider approval of Resolution No. 2022-92, A Resolution of the City Council of the City of Gonzales Declaring Canvass of Returns and Results of the Consolidated General Municipal Election held on November 8, 2022; and
• Direct the City Clerk or a designee if requested, to administer the Oath of Allegiance to Jose L.
Rios, Elizabeth Silva, Lorraine Worthy, and Maria Orozco.
BACKGROUND
Every two years, the elections result in re-election of incumbents or changes in the Council. Newly elected officials need to be administered the oath of office. This is done at the next regular meeting of the Council after the election results are certified and received.
REVIEW AND ANALYSIS
The Certified results of the City of Gonzales’ consolidated general election held on November 8, 2022, were received from the Monterey County Registrar of Voters on December 1, 2022. Based on the certified results, Elizabeth Silva, Lorraine Worthy, and Maria Orozco were elected as Council Members for four (4) year terms, and Jose Rios was elected as Mayor for a two (2) year term. Measure P, the Gonzales Enhanced Quality of Life Temporary Tax Extension Measure, failed to pass.
AGENDA
ITEM
16 Packet Pg. 158
In addition, because this is the last meeting of 2022, in order to allow time to consider committee assignments and the selection of a Mayor Pro Tem, such matters will be agendized for consideration at next Council meeting.
BUDGET IMPACT
There are no immediate budget impacts as a result of this item.
CONCLUSION
It is recommended that your Council:
• Consider approval of Resolution No. 2022-92, A Resolution of the City Council of the City of Gonzales Declaring Canvass of Returns and Results of the Consolidated General Municipal Election held on November 8, 2022; and
• Direct the City Clerk or a designee if requested, to administer the Oath of Allegiance to Jose L.
Rios, Elizabeth Silva, Lorraine Worthy, and Maria Orozco.
Attachments:
1. Resol 2022-92
2. Election Results Certificate
Packet Pg. 159