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
GONZALES SUCESSOR AGENCY,
GONZALES SUCCESSOR HOUSING AGENCY,
GONZALES ELECTRIC AUTHORITY BOARD,
GONZALES MUNICIPAL ELECTRIC UTILTY BOARD
CITY COUNCIL CHAMBERS – 117 FOURTH STREET
GONZALES, CA 93926
MONDAY, JANUARY 9, 2023
6:00 P.M.
City anticipates adjourning the entire regular meeting to Tuesday, January 10 at 6:00 PM in order to be able to maximize council member participation for several important agenda matters. Notice of the adjournment will be posted in accordance with all legal requirements
CALL TO ORDER
PLEDGE OF ALLEGIANCE
1. ROLL CALL- City Council/Successor Agency/Successor Housing Agency/Electric Authority Board/Municipal Electric Utility Board
Mayor Pro Tem/Vice Chair/Vice President Scott Funk, Council/Agency/Board Member Liz Silva, Council/Agency/Board Member Lorraine Worthy, Council/Agency/Board Member Maria Orozco, Mayor/Chair/President Jose L. Rios Youth Commissioners
Sherlyn Flores and Luke Naegle
Successor Agency Item
Successor Housing Agency/Electric Authority/Municipal Electric Utility 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/85183524483 or call 1-1669-900-6833 and use Meeting ID: 851 8352 4483. 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, January 9th to the City Clerk at [email protected]
PRESENTATIONS
2. Certificates of Recognition – Gonzales High School Volleyball Team
BUSINESS FROM THE PUBLIC
3. Business from the Public not on the Agenda; any member of the Public may address the Council/Agency/Board for a period not to exceed three minutes on any subject not on the Agenda.
The Council/Agency/Board will listen to all communications but may take no action. *
Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall located at 147 Fourth Street, Gonzales, California, during normal business hours.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered routine by the City Council and will be adopted by one action of the Council unless any Council Member has a question or wishes to make a statement or discuss an item. In that event, the Mayor will remove the item from the Consent Calendar for separate consideration.
4. Approve the Joint City Council and Successor Agency - Regular Meeting - December 5, 2022 Minutes
5. Approve City Accounts Payable Warrants #47957-48095
6. Consider Approval of Resolution No. 2023-01, A Resolution of the City Council of the City of Gonzales Authorizing Execution of a Non-Exclusive Master Services Agreement and Task Order No. 1 with Brent Slama Consulting for Contract Planning Services
7. Consider Approval of Resolution No. 2023-02, A Resolution of the City Council of the City of Gonzales Authorizing the SB 2 19-PGP-13234 Amendment to the Agreement with the Department of Housing and Community Development to Extend the End Date of the SB 2 Planning Grants Program Funds in the amount of $160,000 to June 30, 2024
REGULAR AGENDA
8. Reorganization of City Council - Election of Mayor Pro Tem/Vice Chair/Vice President a) Hold Election
9. Consider Approval of Resolution No. 2023-03, A Joint Resolution of the City Council of the City of Gonzales/City Council as Board to the Successor Agency to the Gonzales Redevelopment Agency/Gonzales Successor Housing Agency Board/Board of the Gonzales Electric Authority/Board of the Gonzales Municipal Electric Utility Approving an Employment Agreement for City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Electric Authority Executive Director/Electric Utility Executive Director Services with Trevin W. Barber a) Staff Report
b) Public Comment
c) Council/Agency/Board Discussion
d) Council/Agency/Board Action
Staff Recommended Action-Adopt Resolution No. 2023-03
BUSINESS FROM CITY COUNCIL
10. Consider Council Appointments to Boards & Committees
11. 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
12. Oral Communications
BUSINESS FROM CITY MANAGER
13. Oral Communications
ADJOURNMENT
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (831) 675-5000. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (CFR 35.102-
35.104 ADA Title II). This is a public meeting and as such, can be seen live by people present or online and is being recorded; therefore; anything you say or do here is public information. The recordings are available online.
*
MINUTES
JOINT MEETING OF THE
GONZALES CITY COUNCIL AND
GONZALES SUCCESSOR AGENCY
MONDAY, DECEMBER 5, 2022
6:00 P.M.
CALL TO ORDER
The meeting was called to order at 6:00 PM by Mayor Jose L. Rios.
PLEDGE OF ALLEGIANCE
The flag salute was recited by all present.
ROLL CALL
Attendee Name Title Status
Jose L. Rios Mayor/Chair Present
Scott Funk Mayor Pro Tem/Vice Chair Present
Liz Silva Council/Agency Member Present
Lorraine Worthy Council/Agency Member Present
Paul Miller Council/Agency Member Present
YOUTH COMMISSIONERS
Sherlyn Flores and Luke Naegle.
STAFF PRESENT
Interim City Manager Carmen Gil, City Attorney Michael F. Rodriquez, Community Development Director Taven Kinison Brown, Executive Assistant to the City Manager/Deputy City Clerk Mary Villegas, Administrative Assistant II Anabel Almanza, Public Works Director/City Engineer Patrick Dobbins, Fire Chief Jason Muscio, and Police Chief Keith Wise.
* Successor Agency Item
Packet Pg. 3
Minutes Acceptance: Minutes of Dec 5, 2022 6:00 PM (CONSENT AGENDA) AGENDA
ITEM
4
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 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 thanked Council Member Miller there for all his service and told Mayor Rios and Council Members Worthy and Silva that they got their early Christmas present since they won.
He talked about the need for a gym at the community center.
Chris Barrera, President of LULAC Salinas Council 2055, commented about advocating for a young lady who got falsely accused of a crime, and was not allowed to file a police report; said she has been mocked, harassed, and recently lost her job because of this; Police Department not addressing this since three months; never experiencing this kind of bad service anywhere with the Police Department and the Chief; and they have been asking the Chief for a meeting since March of this year. He asked Chief Wise to contact them regarding these issues so they may get some justice for her.
CONSENT AGENDA
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
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
Packet Pg. 4
Minutes Acceptance: Minutes of Dec 5, 2022 6:00 PM (CONSENT AGENDA)
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 notto-exceed 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 Council Member Silva pulled item 6.
City Attorney Rodriquez indicated that the Council had on the dais a final resolution 2022-83 that indicated the language of the approval of the new contract as well as the rescission of the previous resolution that awarded the contract with Harris and Associates.
Council Member Silva asked for clarification on page 18 of the packet under the title funding.
She thought it needed to be corrected to September of 2022, instead of September of 2020.
Community Development Director Kinison Brown responded that was correct.
RESULT: APPROVED [UNANIMOUS]
MOVER: Liz Silva, Council Member
SECONDER: Paul Miller, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Paul Miller
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
Staff Report: Interim City Manager Gil presented the staff report.
Public Comment: There was none.
Council Discussion: There was none.
Packet Pg. 5
Minutes Acceptance: Minutes of Dec 5, 2022 6:00 PM (CONSENT AGENDA)
RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Miller, Council Member
SECONDER: Scott Funk, Mayor Pro Tem
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Paul Miller
17. Oaths of Allegiance to Jose L Rios, Liz Silva, Lorraine Worthy and Maria Orozco Mayor Rios asked if the oaths can be given to him, Lorraine, and Liz together.
Interim City Manager Gil responded yes. She administered the Oath of Allegiance to Mayor Jose L. Rios, Council Member Liz Silva, and Council Member Lorraine Worthy.
Hartnell Board President Erika Padilla-Chavez administered the Oath of Allegiance to Council Member Orozco and thanked Council Member Miller for his years of service to the community and congratulated Mayor Rios, and Council Members Silva and Worthy for their re-election.
18. Consider Approval of, and Present Proclamation No. 2022-05 Recognizing Paul Miller RESULT: APPROVED [UNANIMOUS]
MOVER: Scott Funk, Mayor Pro Tem
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco Mayor Pro Tem Funk read the Proclamation and presented it to Council Member Miller.
19. Presentation of a Resolution from the Offices of Senator Anna Caballero and Assemblymember Robert Rivas Recognizing Paul Miller
Marisa Hernandez, Office of the Senator Anna Caballero, read the resolution of recognition to Council Member Miller virtually, and staff presented him with the resolution.
Mayor Rios thanked Council Member Miller for being part of this community.
Council Member Miller thanked everyone and said since he was 19, he has served the people of the City of Gonzales in some capacity. He hoped to find some time, after he deals with some family issues with his sister, to find a way to come back and find another way to serve the City because he loves this City. He congratulated his fellow Council Members that were re-elected and newly elected, and told them they got a lot of challenges in front of them, a lot of big things are happening in this City, probably the busiest and most challenging time we've seen in a long time.
He wished them all the very best and he knew that they would take this seriously and do what needs to be done for this City. He wished happy holidays to everybody.
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 Packet Pg. 6
Minutes Acceptance: Minutes of Dec 5, 2022 6:00 PM (CONSENT AGENDA)
11.48 of the City of Gonzales Code Titled “Deconstruction, Demolition, and Construction Material Recovery and Diversion from Landfills”
Staff Report: Community Development Director Kinison Brown presented the staff report.
Mayor Rios opened the public hearing at 6:32pm.
Public Hearing: No comments came forward.
Being there no comments from the public, Mayor Rios closed the public hearing at 6:32pm.
Council Discussion: Council Member Silva asked if cooking tops was included in the electric outlets requirement.
Community Development Director Kinison Brown responded yes.
RESULT: APPROVED [UNANIMOUS]
MOVER: Liz Silva, Council Member
SECONDER: Lorraine Worthy, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco
21. New Brown Act Rules for 2023 Regarding Teleconferencing Staff Report: City Attorney Rodriquez presented the staff report.
Public Comment: There was none.
Council Discussion: Council Member Worthy asked if they can teleconference if they get sick on a meeting day.
City Attorney Rodriquez responded.
No action required.
22. Vista Lucia Development Progress Report
Staff Report: Community Development Director Kinison Brown presented the staff report via powerpoint presentation.
Public Comment: Roman Barba commented about the school who promised building another school; fighting with the school district to go for bonds; and school board making a bad decision.
Mayor Rios asked Mr. Barba to stick with this item on the Vista Lucia project.
Cesar Ayon, Gonzales Unified School District Board Member, clarified he was here but not to speak on behalf of the school board. He commented on the need for housing here since there are full families with kids living in garages; was glad to hear about affordable housing; and thanked everyone for their patience.
Council Discussion: Mayor Pro Tem Funk asked about what the next steps are and LAFCO application timeline and support needed.
Packet Pg. 7
Minutes Acceptance: Minutes of Dec 5, 2022 6:00 PM (CONSENT AGENDA)
Interim City Manager Gil informed that staff will bring back in January an item for staff augmentation on the LAFCO application, and elaborated on putting together the application and said staff is also working on the ag mitigation ordinance.
Council Member Silva asked if there were going to be workshops for first time homebuyers, and sweat equity homes.
Mayor Rios remembered the first time they talked about this when he was in the Planning Commission, and emphasized the frustration about this still not happening and Mr. Pace being patient with us.
Glenn Pace, Pembrook Development Manager, thanked the Council and staff for this presentation and said it was nice to see Ms. Orozco back after all the interactions they’ve had over the years. He talked about being at this project for 21 years; biweekly meetings with City staff; contract with a builder who has made a commitment to this community; and not having sweat equity homes but there would be a complete array of affordability units. He elaborated on the project and making progress on most of the issues, and thanked Interim City Manager Gil for taking a leadership role and being encouraging and moving things forward.
Mayor Rios thanked him, his group, and Mr. Fanoe for hanging in there.
Mr. Tom Fanoe said everyone involved in this project has the same optimism to get to the finish line.
No action required.
BUSINESS FROM CITY COUNCIL
23. City Council Board/Committee Reports
a. Transportation Agency for Monterey County
Mayor Rios said he hasn't received any agendas, neither has Mary, and TAMC saying they had computer issues.
b. Mayor Selection Committee
Meeting was canceled.
c. Monterey Salinas Transit
Council Member Worthy announced the meeting next week.
d. Salinas Valley Recycles
Council Member Silva reported on technical issues she had at the last meeting and couldn’t join.
e. Salinas Valley Basin Groundwater Sustainability
Public Works Director/City Engineer Dobbins reported that Soledad was the primary representative and they have a meeting this Thursday but the agenda has no issues impacting Gonzales. He announced TAMC was having a meeting this Thursday as well.
24. Oral Communications
Youth Commissioners Naegle and Flores reported on the trash pick up on Belden Street where students participated; thanked Public Works for providing the materials; next meeting on January 14th to finalize what they want to do with the action projects; and helping at the Holiday Lights event.
Packet Pg. 8
Minutes Acceptance: Minutes of Dec 5, 2022 6:00 PM (CONSENT AGENDA)
Mayor Rios thanked Sherlyn for participating at the Gloria School Craft Bazaar, along with her mom.
Council Member Worthy thanked staff for the Holiday Lights event which was a good turnout.
She reminded about the food distribution on December 16th at the Community Church. She wished everyone and Merry Christmas and Happy New Year.
Council Member Silva thanked staff for all their hard work in making our event happen on Saturday, which was a great event seeing all the kids have fun and even Council Member Worthy sang a little bit and was accompanied by an accordion player; and thanked Interim City Manager Gil for being so flexible and getting the tent for the food; and the Fire Department for finding Santa. She wished everyone a Merry Christmas and Happy New Year, be safe out there, and slow down.
Mayor Pro Tem Funk thanked Public Works, Fire Department and Police Department for all their efforts during the holiday season; and said it was great to see all the decorations around town and wished everyone happy holidays.
Council Member Orozco thanked the residents for allowing her another opportunity to serve the community; looked forward to work with staff, the Council and the community on all the great projects before us; thanked staff and all the volunteers for a great event at the gym, which was really well attended; thanked Public Works for the continued support providing the safety route services for parents and grandparents who take children to school. She asked, through the Mayor, if they can possibly do either a proclamation or some sort of recognition for the 15th year anniversary of our Sister City of Tateposco, in Mexico. She said she will be traveling the latter part of December and would like to present them with some sort of recognition for the anniversary. She also said, as Council Member Silva mentioned about the first time homebuyer workshops, they are great workshops and suggested being done by the housing Resource Center in the City of Salinas, which is a nonprofit housing agency and thought it would be very beneficial for many of the residents to learn the home buying process.
Mayor Rios thanked the Gonzales Youth Council for all their work and Interim City Manager Gil for the quick move of the Holiday Lights event to the gym; looked forward to staff doing more of these events since it was great to have the families enjoy the festivities. He said he could not be there due to health issues. He asked for an update on the park permits.
BUSINESS FROM CITY MANAGER
25. Oral Communications
Interim City Manager Gil informed that there is a process when somebody wants to use the park, they do fill out an actual application and that gets reserved on a calendar in house at the City Hall.
She said she'll follow up on comments or informational items that the Mayor is seeking to understand a little bit more as to what kind of information he would like. The application is pretty lengthy, depending on what the activity is, and it's routed through all the departments to ensure for example, if security is needed or if there's electricity involved, etc.
Mayor Rios mentioned that he was asked if everyone who has a tent at the park is actually applying for the park has a permit and who’s checking to make sure they have a permit, and he didn’t know if it was the Police Department.
Packet Pg. 9
Minutes Acceptance: Minutes of Dec 5, 2022 6:00 PM (CONSENT AGENDA)
Police Chief Wise mentioned that the Police Department gets a copy of the application when is issued and the Officers know about them.
Interim City Manager Gil said if the Mayor wants staff to bring back something in terms of policy direction, staff can do that.
Mayor Rios said he was curious as to how many permits are issued or how many are allowed.
Interim City Manager Gil mentioned she can give him that information after she talks to Jessica.
On another note, she thanked staff in all the departments who helped with this weekend’s event, which it really takes a team to make it work. She added it was a successful event and also encouraged people to come out to the downtown which looks beautiful and festive. She also thanked everyone who supported the event. She updated on the D.R. Horton which staff has been meeting with, and are moving forward with the project, and updated on the next steps. She also said she had been in talks months ago with United Way about doing workshops for first time home buyers and setting up their financials to get a home. She also said she’s asking about the sweat equity homes as well to make sure we are talking about the different approaches to build, so staff is advocating for some of those questions and working with the developers.
Fire Chief Muscio reported on the Narcan training for school staff and securing almost 200 of boxes which will be placed at the school campuses, buses and vans. He announced the parade on December 17th.
Public Works Director/City Engineer Dobbins reported on the contract for water and sewer rates and schedule; capital campaign for the Community Center at 3pm on December 8th at the site; and Administrative Assistant Marisol Gomez who is a UC Davis graduate and is helping the department.
Council Member Silva asked what was the front store at 400 Alta Street.
Fire Chief Muscio responded that was Mechanics Bank.
City Attorney Rodriquez reminded the Council about the Special Joint meeting with the City of Soledad at their Council Chambers on December 14th at 6pm.
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.
26. The City Council will recess to closed session to consider personnel matters pursuant to Government Code Section 54957(b)(1)- City Manager Recruitment.
Council conferred with City Attorney. No other reportable action taken.
Packet Pg. 10
Minutes Acceptance: Minutes of Dec 5, 2022 6:00 PM (CONSENT AGENDA)
ADJOURNMENT
RESULT: APPROVED [UNANIMOUS]
MOVER: Scott Funk, Mayor Pro Tem
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco The meeting was adjourned at 8:12 PM.
ATTEST:
Mary Villegas, Deputy City Clerk
Packet Pg. 11
Minutes Acceptance: Minutes of Dec 5, 2022 6:00 PM (CONSENT AGENDA) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 9:41 am
Date: 12/06/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
47957 11/30/22 Printed 2449 SMITH & ENRIGHT Landscaping - November 2022 6,430.00 47958 11/30/22 Printed 4311 TOPE'S TREE SERVICE INC Tree Removal Contract 75,715.00 Total Checks: 2 Checks Total (excluding void checks): 82,145.00 Total Payments: 2 Bank Total (excluding void checks): 82,145.00 Total Payments: 2 Grand Total (excluding void checks): 82,145.00 AGENDA
ITEM
Packet Pg. 12
Attachment: Warrants #47957-48095 (2611 : Approve City Accounts Payable Warrants #47957-48095) 5 City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 9:58 am
Date: 12/09/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
47959 12/09/22 Printed 1922 A & G PUMPING, INC. Porta Potties Central Park 342.50 47960 12/09/22 Printed 108 AIRGAS Propane 156.25
47961 12/09/22 Printed 2 ALL - SAFE ALARMS Fire Monitoring 120.00 47962 12/09/22 Printed 4312 JUANA ALMANZA ALVINO Holiday Lights 400.00 ALVAREZ TECHNOLOGY 2,030.50
GROUP, INC.
47963 12/09/22 Printed 3893 January 2023 IT Services
47964 12/09/22 Printed 137 AMERICAN SUPPLY CO. Janitorial Supplies 923.99 47965 12/09/22 Printed 341 PATRICK ASKEW Retiree Medical Insurance Dec. 361.00 47966 12/09/22 Printed 2830 AT&T Corp Yard Acct # 308309956 174.42 47967 12/09/22 Printed 4117 AT&T Monthly Charges - November 860.83 47968 12/09/22 Printed 86 AT&T Telephone Charges 10/19/22 - 11/18/22 1,495.83 47969 12/09/22 Printed 3168 AUTOZONE INC. Parks Mower Maintenance 16.02 BANUELOS ENTERPRISES, 369.09
INC.
47970 12/09/22 Printed 1054 Fuel
47971 12/09/22 Printed 522 BECK'S SHOE STORE Boots - Martin Espinoza 200.00 47972 12/09/22 Printed 3073 C4 CONSULTING Youth Leadership Support 4,000.00 47973 12/09/22 Printed 770 CARLOS ALBERTO ESQUIVEL Janitorial Services & Supplies 1,033.70 47974 12/09/22 Printed 4263 CITY NATIONAL BANK Water Loan Payment 114,704.65 47975 12/09/22 Printed 4186 CARLOS A. CORONA Vehicle Maint. 240.00 47976 12/09/22 Printed 1482 CSC OF SALINAS Vehicle Maint. Supplies 475.79 47977 12/09/22 Printed 1821 CSK AUTO, INC. Vehicle Maint. Supplies 144.83 CYPRESS COAST FORD 99.13
LINCOLN
47978 12/09/22 Printed 4063 Vehicle Maint.
47979 12/09/22 Printed 3028 D & J TIRE SERVICE Equipment Repairs 181.25 47980 12/09/22 Printed 3876 DAY CARTER & MURPHY LLP Microgrid Legal Services 332.50 DE LAGE LANDEN PUBLIC 23,748.83
FINANCE
47981 12/09/22 Printed 2895 Solar Loan
47982 12/09/22 Printed 507 EMC PLANNING GROUP INC. Habitat Survey for Tree Removal Work 2,309.32 EMERGENCY MEDICAL 651.15
PRODUCTS,
47983 12/09/22 Printed 846 Medical Supplies
FLUID RESOURCE 20,005.50
MANAGEMENT INC,
47984 12/09/22 Printed 2537 SCADA for Well # 7
47985 12/09/22 Printed 3650 GHD INC. Fifth Street Truck Ban Plans 2,593.28 47986 12/09/22 Void 12/09/22 Void Check 0.00
GONZALES ACE HARDWARE 688.74
INC.
47987 12/09/22 Printed 3274 Maint. Supplies
47988 12/09/22 Printed 1109 GONZALES UNIFIED SCHOOL Joint Use Gym Maint. - Sept. 914.82 47989 12/09/22 Printed 2599 YSAURO GONZALES Uniform Cleaning 299.50 GREEN LINE LIQUID WASTE 1,292.50
CO
47990 12/09/22 Printed 4080 Lift Station Failure
GREEN VALLEY FARM 299.61
SUPPLY
47991 12/09/22 Printed 1319 Supplies
HILL BROTHERS CHEMICAL 4,645.87
CO
47992 12/09/22 Printed 4120 Chlorine
47993 12/09/22 Printed 3485 INFOSEND, INC. Utility Billing 2,958.79 INTERSTATE ALL BATTERY 21.70
CENTER
47994 12/09/22 Printed 134 Battery Backup
47995 12/09/22 Printed 1331 KELLY-MOORE PAINTS CO. Line Painting Machine 8,958.50 47996 12/09/22 Printed 2686 DAVID & DONA LLOYD After Hours Answering Service 356.00 47997 12/09/22 Printed 204 LN CURTIS & SONS Bunker Gear 8,161.82 47998 12/09/22 Printed 3447 LUIGI'S Holiday Party Food 2,843.70 47999 12/09/22 Printed 72 MISSION UNIFORM SERVICE Towels & Mats 602.09 MONTEREY COUNTY 46,725.00
EMERGENCY
48000 12/09/22 Printed 470 Communication Services FY 2022-23 Qtr 3 MONTEREY COUNTY 6,904.08
SHERIFF
48001 12/09/22 Printed 23 CJIS for 7/1/22 - 9/30/22
48002 12/09/22 Printed 4257 DAVID NAVA DJ for Holiday Light Event 285.00 48003 12/09/22 Printed 3270 ISABEL NAVARRO Reimb. Holiday Lights Event Decorations 112.80 48004 12/09/22 Printed 3787 NEW SV MEDIA Public Notice Publication 290.00 48005 12/09/22 Printed 91 P. G. & E. Utilities 3,945.98 48006 12/09/22 Printed 91 P. G. & E. Utilities Acct # 1024308210-3 75,060.70 48007 12/09/22 Printed 1021 PURCHASE POWER Postage Refill 1,003.28 Packet Pg. 13
Attachment: Warrants #47957-48095 (2611 : Approve City Accounts Payable Warrants #47957-48095) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
RABOBANK Page: 2
Time: 9:58 am
Date: 12/09/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
48008 12/09/22 Printed 115 QUILL CORP Office Supplies 54.11 48009 12/09/22 Printed 4092 RAZZO LINK, INC. Internet Service - Pool 75.09 48010 12/09/22 Printed 4166 SAGE RENEWABLE ENERGY EV Charging Stations/CEC Grant 1,128.75 SALINAS VALLEY BASIN 4,633.35
GROUND-
48011 12/09/22 Printed 3556 Groundwater Basin Agency Fee 48012 12/09/22 Printed 2685 SC FUELS Fuel 324.04
SCHAAF & WHEELER, 21,434.00
CONSULTING
48013 12/09/22 Printed 3894 Review FEMA Flood Mapping
SILICON VALLEY MO. BAY 652.00
COUNCIL
48014 12/09/22 Printed 3260 Explorer Post
48015 12/09/22 Printed 2673 SPECTRUM Internet Services 1,238.42 48016 12/09/22 Printed 1708 SWRCB Stormwater Permit 7,067.00 48017 12/09/22 Printed 3670 T-MOBILE Cellphone Charges Acct # 963044810 844.54 TRANS UNION RISK AND 110.40
ALTERNATI
48018 12/09/22 Printed 3175 PD Investigative Program
48019 12/09/22 Printed 27 TRI - CITIES DISPOSAL Trash Services-November 57,618.14 48020 12/09/22 Printed 3718 TRINI'S PLUMBING PD - Ant Bait 171.37 48021 12/09/22 Printed 3577 U.S. BANK 11/7/22 Carmen Gil Acct # 4866 9145 4,118.86 5550 8537
48022 12/09/22 Printed 3577 U.S. BANK 11/7/22 Patrick Dobbins Acct # 4866 279.67 9145 5550 8537
48023 12/09/22 Printed 3577 U.S. BANK 11/7/22 City of Gonzales Acct # 4866 6,040.44 9145 5550 8537
48024 12/09/22 Printed 3619 JAIME VASQUEZ Boot Reimbursement 200.00 48025 12/09/22 Printed 99 VOSTI'S, INC. Generator - Battery 567.85 Total Checks: 67 Checks Total (excluding void checks): 450,898.87 Total Payments: 67 Bank Total (excluding void checks): 450,898.87 Total Payments: 67 Grand Total (excluding void checks): 450,898.87 Packet Pg. 14
Attachment: Warrants #47957-48095 (2611 : Approve City Accounts Payable Warrants #47957-48095) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 12:01 pm
Date: 12/09/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
ALVAREZ TECHNOLOGY 1,553.25
GROUP, INC.
48026 12/09/22 Printed 3893 Ethernet Issues
48027 12/09/22 Printed 4313 SAFETEQUIP, INC Rain/Safety Gear 373.47 Total Checks: 2 Checks Total (excluding void checks): 1,926.72 Total Payments: 2 Bank Total (excluding void checks): 1,926.72 Total Payments: 2 Grand Total (excluding void checks): 1,926.72 Packet Pg. 15
Attachment: Warrants #47957-48095 (2611 : Approve City Accounts Payable Warrants #47957-48095) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 2:40 pm
Date: 12/13/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
48028 12/13/22 Printed 4314 CINDY AGUILAR-CASTANEDA Research/Historical Slideshow 75th 374.00 Anniversary Celebration
Total Checks: 1 Checks Total (excluding void checks): 374.00 Total Payments: 1 Bank Total (excluding void checks): 374.00 Total Payments: 1 Grand Total (excluding void checks): 374.00 Packet Pg. 16
Attachment: Warrants #47957-48095 (2611 : Approve City Accounts Payable Warrants #47957-48095) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number
Vendor Name Check Description
RABOBANK Page: 1
Time: 4:52 pm
Date: 12/13/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
STATE WATER RESOURCES 3,963.12
CONTROL
48029 12/13/22 Printed 4315 Unused Water Arrearage Funds Total Checks: 1 Checks Total (excluding void checks): 3,963.12 Total Payments: 1 Bank Total (excluding void checks): 3,963.12 Total Payments: 1 Grand Total (excluding void checks): 3,963.12 Packet Pg. 17
Attachment: Warrants #47957-48095 (2611 : Approve City Accounts Payable Warrants #47957-48095) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 12:35 pm
Date: 12/22/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
48030 12/23/22 Printed 108 AIRGAS Propane 45.06
48031 12/23/22 Printed 4312 JUANA ALMANZA ALVINO Holiday Lights 400.00 48032 12/23/22 Printed 137 AMERICAN SUPPLY CO. Janitorial Supplies 865.52 48033 12/23/22 Printed 4192 ARCHIVESOCIAL, INC. Social Media Archives 2,988.00 ARMANASCO PUBLIC 14,162.40
RELATIONS,
48034 12/23/22 Printed 3284 Capital Campaign Support
48035 12/23/22 Printed 86 AT&T Telephone Charges 11/19/22 - 12/18/22 1,247.90 48036 12/23/22 Printed 3168 AUTOZONE INC. Vehicle Maint. Supplies 119.02 48037 12/23/22 Printed 1618 AVAYA FINANCIAL SERVICES Maintenance Agreement - Dec. 641.26 48038 12/23/22 Printed 522 BECK'S SHOE STORE Work Boots 132.79 48039 12/23/22 Printed 3073 C4 CONSULTING Youth Leadership & Development 4,000.00 CAL COAST AUTOMOTIVE 1,250.00
REPAIR &
48040 12/23/22 Printed 3831 Smog Test
CAL-WEST LIGHTING AND 718.46
SIGNAL
48041 12/23/22 Printed 3838 Light Maint./Repair - June
CASNER EXTERMINATING, 260.00
INC.
48042 12/23/22 Printed 889 Extermination Services
CODE PUBLISHING 480.00
COMPANY
48043 12/23/22 Printed 2825 Annual Web Fees
48044 12/23/22 Printed 3997 CRUZ UPHOLSTERY Vehicle Maint. - Seat Repair 350.00 48045 12/23/22 Printed 3095 CSG CONSULTANTS INC. Building Official Services 16,065.81 48046 12/23/22 Printed 4184 DIMES MEDIA CORPORATION Sports Sponsor - November 340.00 EMERGENCY MEDICAL 155.01
PRODUCTS,
48047 12/23/22 Printed 846 EMS Supplies
48048 12/23/22 Printed 1771 EMPLOY AMERICA Janitorial Services & Car Wash 1,000.00 48049 12/23/22 Printed 197 FARMERS FOOD MARKET Luncheon 112.13 GONZALES ACE HARDWARE 490.85
INC.
48051 12/23/22 Printed 3274 Lights
GONZALES AMERICAN 1,088.00
LEGION
48052 12/23/22 Printed 4316 Holiday Celebration
48053 12/23/22 Printed 225 GONZALES IRRIGATION Irrigation Repair 21.52 GREEN VALLEY FARM 27.16
SUPPLY
48054 12/23/22 Printed 1319 Rainwear
IRIS-MARILU TAMAYO 432.00
HURTADO
48055 12/23/22 Printed 4213 Adult Co-Ed Volleyball Referee 48056 12/23/22 Printed 2818 JARVIS FAY LLP. Legal Services - Nov 2022 20,124.00 48057 12/23/22 Printed 72 MISSION UNIFORM SERVICE City Hall Mats 640.31 48058 12/23/22 Printed 245 MONTEREY COUNTY HEALTH Testing 6,803.75 MONTEREY COUNTY 468.50
INFORMATION
48059 12/23/22 Printed 243 County I.T.
48060 12/23/22 Printed 3816 OLIVIA PEREA Adult Co-ed Volleyball Referee 456.00 48061 12/23/22 Printed 4313 SAFETEQUIP, INC High-Visibility Clothing 137.88 SALINAS VALLEY PRO 726.38
SQUAD
48062 12/23/22 Printed 2979 Annual Uniforms
48063 12/23/22 Printed 2449 SMITH & ENRIGHT Monthly Landscaping - December 6,430.00 48064 12/23/22 Printed 2673 SPECTRUM Cable Services - November 473.75 48065 12/23/22 Printed 1708 SWRCB WWTP WDR Permit 32,387.00 48066 12/23/22 Printed 27 TRI - CITIES DISPOSAL Drop Box Services - November 1,399.02 48067 12/23/22 Printed 3577 U.S. BANK 12/6/22 Carmen Gil Acct # 4866 9145 2,404.31 5550 8537
48068 12/23/22 Printed 3577 U.S. BANK 12/6/22 Jason Muscio Acct # 4866 9145 557.27 5550 8537
48069 12/23/22 Printed 3577 U.S. BANK 12/6/22 City of Gonzales Acct # 4866 1,735.66 9145 5550 8537
48070 12/23/22 Printed 3410 ULINE, INC. Dog Waste Receptacle 460.46 48071 12/23/22 Printed 3471 VERIZON WIRELESS Cellphones - November Acct # 304.08 742128049-00001
48072 12/23/22 Printed 99 VOSTI'S, INC. Oil Filter 28.74 Total Checks: 42 Checks Total (excluding void checks): 122,930.00 Total Payments: 42 Bank Total (excluding void checks): 122,930.00 Packet Pg. 18
Attachment: Warrants #47957-48095 (2611 : Approve City Accounts Payable Warrants #47957-48095) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
RABOBANK Page: 2
Time: 12:35 pm
Date: 12/22/2022
Void/Stop
Date
Reconcile
Date
Total Payments: 42 Grand Total (excluding void checks): 122,930.00 Packet Pg. 19
Attachment: Warrants #47957-48095 (2611 : Approve City Accounts Payable Warrants #47957-48095) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 4:12 pm
Date: 12/27/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
48073 12/23/22 Printed 1744 GREEN'S ACCOUNTING Financial Services-Nov. 2022 15,467.00 Total Checks: 1 Checks Total (excluding void checks): 15,467.00 Total Payments: 1 Bank Total (excluding void checks): 15,467.00 Total Payments: 1 Grand Total (excluding void checks): 15,467.00 Packet Pg. 20
Attachment: Warrants #47957-48095 (2611 : Approve City Accounts Payable Warrants #47957-48095) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 2:16 pm
Date: 12/28/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
ALVAREZ TECHNOLOGY 5,925.99
GROUP INC.
48074 12/28/22 Printed 2180 Computer Lease Agreement
48075 12/28/22 Printed 911 ANDREWS BLUEPRINT INC Scanning of Improvement Plans 122.91 48076 12/28/22 Printed 4317 F.A.S.T. SERVICES, INC. Interpreters Services City Council 250.00 Meeting
GONZALES ACE HARDWARE 96.18
INC.
48077 12/28/22 Printed 3274 Holiday Decor Contest Signs 48078 12/28/22 Printed 4071 GREAT AMERICA FINANCIAL Copier Lease 1,378.15 48079 12/28/22 Printed 2215 HINDERLITER, DE LLAMAS & Sales Tax Admin Oct-Dec 2022 991.37 48080 12/28/22 Printed 72 MISSION UNIFORM SERVICE City Hall Mats 35.69 48081 12/28/22 Printed 3970 MNS ENGINEERS, INC. Stormwater Permit Assistance 70.00 48082 12/28/22 Printed 3880 THE MAYNARD GROUP Video Conferencing 260.30 Total Checks: 9 Checks Total (excluding void checks): 9,130.59 Total Payments: 9 Bank Total (excluding void checks): 9,130.59 Total Payments: 9 Grand Total (excluding void checks): 9,130.59 Packet Pg. 21
Attachment: Warrants #47957-48095 (2611 : Approve City Accounts Payable Warrants #47957-48095) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number
Vendor Name Check Description
RABOBANK Page: 1
Time: 10:58 am
Date: 01/05/2023
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
ALVAREZ TECHNOLOGY 422.86
GROUP, INC.
48083 12/29/22 Printed 3893 PW Director Docking Station & Monitor. 48084 12/29/22 Printed 3670 T-MOBILE Hotspot #1 - #967822032 December 2022 90,883.47 Total Checks: 2 Checks Total (excluding void checks): 91,306.33 Total Payments: 2 Bank Total (excluding void checks): 91,306.33 Total Payments: 2 Grand Total (excluding void checks): 91,306.33 Packet Pg. 22
Attachment: Warrants #47957-48095 (2611 : Approve City Accounts Payable Warrants #47957-48095) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 10:55 am
Date: 01/05/2023
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
48085 01/06/23 Printed 3805 BADGER METER INC. Meter Reading Software 100.10 BANUELOS ENTERPRISES, 30.00
INC.
48086 01/06/23 Printed 1054 Tire Repair
48087 01/06/23 Printed 901 BAUER COMPRESSORS, INC. 2022 Annual PM 1,280.79 48088 01/06/23 Printed 1821 CSK AUTO, INC. Antifreeze for Generators 154.33 GONZALES ACE HARDWARE 65.63
INC.
48089 01/06/23 Printed 3274 Adhesive, Wire Connector&Plug 48090 01/06/23 Printed 342 GRAINGER, INC. Sandbags 52.23 GREEN VALLEY FARM 18.16
SUPPLY
48091 01/06/23 Printed 1319 PPE - Gloves
48092 01/06/23 Printed 4292 GVP VENTURES, INC. Recruitment Services for CM 6,018.94 48093 01/06/23 Printed 72 MISSION UNIFORM SERVICE City Hall Mats 508.76 48094 01/06/23 Printed 115 QUILL CORP Office Supplies 1,473.78 48095 01/06/23 Printed 99 VOSTI'S, INC. Valve Auto Tank 672.12 Total Checks: 11 Checks Total (excluding void checks): 10,374.84 Total Payments: 11 Bank Total (excluding void checks): 10,374.84 Total Payments: 11 Grand Total (excluding void checks): 10,374.84 Packet Pg. 23
Attachment: Warrants #47957-48095 (2611 : Approve City Accounts Payable Warrants #47957-48095) City of Gonzales
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: January 9, 2023
FROM: Taven Kinison Brown, Community Development Director THROUGH: Carmen Gil, Interim City Manager
SUBJECT: Resolution No. 2023-01 Master Services Agreement with Brent Slama Consulting
RECOMMENDATION
It is recommended that the City Council Adopt Resolution No. 2023-01, A Resolution of the City Council of the City of Gonzales Authorizing Execution of a Non-Exclusive Master Services Agreement and Task Order No. 1 with Brent Slama Consulting for Contract Planning Services.
BACKGROUND
As the number of major development applications has increased over the last six months, staff thought it would be prudent to seek the services of a consultant to support the Community Development Department’s efforts in reviewing and processing the submitted materials, environmental studies, LAFCO annexation applications, and related efforts.
On October 10, 2022, the City of Gonzales Community Development Director issued a Request for Qualifications (RFQ) for Advanced Planning Services for the preparation of LAFCO annexation applications and other Planning Services as may be needed to support and process several development applications. The deadline for submittal of Statement of Qualifications (SOQs) was November 7, 2022 and SOQs were submitted from the following firms:
• Brent Slama Consulting
• EMC Planning Group
• Interwest Consulting Group
REVIEW AND ANALYSIS
AGENDA
ITEM
6 Packet Pg. 24
After review of the SOQs, staff recommends that the City Council authorize the execution of an agreement with Brent Slama Consulting (“BSC”) for the planning services described in the next paragraph. Brent Slama’s professional resume is attached to this staff report. Slama recently served as the City Manager of the City of Soledad. He previously served as Community Development Director for Soledad and prior to that Community Development Director for the City of Greenfield.
Planning Services under the proposed Agreement are expected to include:
1. Review, preparation, and submission of annexation application materials to LAFCO;
2. Preparation of reports and documents for use by the CITY, for the annexation submission to LAFCO;
3. Review, preparation, and submission of any agreements with the County of Monterey or other entities with jurisdiction over the subject projects or Sphere of Influence land areas; and
4. Processing development applications.
The City has executed Reimbursement Agreements with the following applicants to process their proposed projects within the City’s Sphere of Influence
1. Cielo Grande Ranch, LLC (AKA; Pembrook Development for the Vista Lucia Specific Plan Proposal); and
2. Rianda Family Limited Partnership for the Gloria Road Agricultural Cooler Project.
The costs for the above-referenced planning efforts by BSC will be funded through the developer accounts for the two above-mentioned projects. A task order for these services is attached to the proposed Consulting Services Agreement with BSC.
Additionally, based on anticipated Community Development Department needs and BSC’s skillset, Staff is recommending that the agreement with BSC be in the form of a “Master Services Agreement” that would allow work to be assigned to BSC via additional tasks orders. Such action would add BSC to a number of other pre-approved planning service providers available to the City. Further work would be performed subject to task order, and each task order would come before the City Council for consideration and approval. (Some of this work might be subject to reimbursement agreement, other work would need to come from available City funds.)
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: Preparation of the LAFCO annexation applications will facilitate the development of properties in the City’s Sphere of Influence and will provide broad housing opportunities, economic development, employment, and increased property tax returns to the City of Gonzales.
Retention of BSC for future needs also provides the City with planning options it may wish to consider for future projects.
Explain how the Recommendation Directly Implements the Mission Packet Pg. 25
The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.
Explain: 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.
Explain: See Vision Explanation above
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing X Yes No N/A
• Recreation X Yes No N/A
• Environment X Yes No N/A
• Education X Yes No N/A
ALTERNATIVES
Amend or modify staff recommendation.
BUDGET IMPACT
Initial work under Task Order #1 should not result in any impact on the City Budget as Reimbursement Agreements are in place from the two development interests that would benefit from annexation and development approvals. Subsequent work pursuant to additional task orders, if any, might need to be approved and budgeted if not covered by reimbursement agreement.
CONCLUSION
It is recommended that the City Council Adopt Resolution No. 2023-01, A Resolution of the City Council of the City of Gonzales Authorizing Execution of a Non-Exclusive Master Services Agreement and Task Order No. 1 with Brent Slama Consulting for Contract Planning Services.
Attachments:
1. Brent Slama's Professional Resume
2. Resol 23-01
3. Non-Exclusive Master Services Agreement w/ Brent Slama Consulting Packet Pg. 26
Packet Pg. 27
Attachment: Brent Slama's Professional Resume (2609 : Resolution No. 2023-01 Master Services Agreement with Brent Slama Consulting) Packet Pg. 28
Attachment: Brent Slama's Professional Resume (2609 : Resolution No. 2023-01 Master Services Agreement with Brent Slama Consulting) RESOLUTION NO. 2023-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES AUTHORIZING
EXECUTION OF A NON-EXCLUSIVE MASTER SERVICES AGREEMENT AND TASK ORDER NO. 1 WITH BRENT SLAMA CONSULTING FOR CONTRACT PLANNING
SERVICES
WHEREAS, on October 10, 2022, city staff issued a Request for Qualifications (RFQ) for Contract Planning Services which includes reviewing and processing development applications, completing LAFCO annexation applications and other Planning Services as requested; and WHEREAS, three Statement of Qualifications (SOQs) were received by the submittal deadline of November 7, 2022; and
WHEREAS, after reviewing of the SOQs, staff recommends that the City Council authorize the execution of a Non-Exclusive Master Service Agreement with Brent Slama Consulting for Professional Planning Services; and
WHEREAS, Contract Planning Services under this Master Services Agreement will include: 1) review, preparation, and submission of annexation application materials to LAFCO; 2) preparation of reports and documents for use by the City, for the annexation submission to LAFCO; 3) review, preparation, and submission of any agreements with the County of Monterey or other entities with jurisdiction over the subject projects or Sphere of Influence land areas; and 4) the processing of development applications, in addition to general planning services as needed via task order; and WHEREAS, the City of Gonzales has executed Reimbursement Agreements for two developments currently being processed: Cielo Grande Ranch, LLC (AKA; Pembrook Development for the Vista Lucia Specific Plan Proposal); and the Rianda Family Limited Partnership for the Gloria Road Agricultural Cooler Project; and
WHEREAS, the consultant’s expenses for planning services pursuant to Task Order #1 will be reimbursed from the applicants’ deposits, with the scope and costs of any future task orders being subject to Council consideration and approval.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Gonzales hereby approves a Master Services Agreement with Brent Slama Consulting, with Task Order No. 1, as attached hereto as Exhibit A and incorporated herein by this reference, and authorizes and directs the City Manager to execute said Agreement and Task Order on behalf of the City.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 9
th day of January 2023 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. 29
Attachment: Resol 23-01 (2609 : Resolution No. 2023-01 Master Services Agreement with Brent Slama Consulting) Consulting Services Agreement between January 9, 2023
Brent Slama Consulting and the City of Gonzales Page 1 of 13
NON-EXCLUSIVE MASTER SERVICES AGREEMENT BETWEEN THE CITY OF GONZALES
AND BRENT SLAMA CONSULTING TO PROVIDE ADVANCED PLANNING SERVICES THIS AGREEMENT for consulting services is made by and between the City of Gonzales ("City") and Brent Slama Consulting ("Consultant") (together sometimes referred to as the "Parties") as of January 9, 2023 (the "Effective Date").
Section 1. SCOPE OF 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 set forth in various task orders, the first of which is attached hereto 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 or subsequent task orders, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2026, 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. All work performed under this Agreement shall be authorized in advance and in writing by a specific Task Order prior to the commencement of services. Each Task Order shall describe the nature of the specific task or service to be performed by the Consultant, the estimated number of hours within which such task or service must be completed and the compensation for such task or service. Details shall include a description of the task or service which Consultant shall perform, the format and schedule for deliverables, the schedule of performance, and the schedule of compensation. Consultant shall not perform any task or service unless authorized by a fully executed Task Order. Consultant shall advise city staff in writing of any anticipated change in any task or service, fee or time schedule, and shall obtain city staff’s written consent to the change prior to making any changes.
1.5 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.
Packet Pg. 30
Attachment: Non-Exclusive Master Services Agreement w/ Brent Slama Consulting (2609 : Resolution No. 2023-01 Master Services Agreement Consulting Services Agreement between January 9, 2023
Brent Slama Consulting and the City of Gonzales Page 2 of 13 Section 2. COMPENSATION. The City will pay Consultant’s invoices under each authorized Task Order on an hourly not-to-exceed basis. The hourly rates in Exhibit A apply to all Task Orders. City shall pay Consultant for services rendered pursuant to this Agreement from deposits made by development applicants 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.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
▪ Serial identifications of invoices; i.e., 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;
▪ For each work item under 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 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. Notwithstanding, Consultant and City acknowledge that in the event payment for Consultant’s services for a given task order fully dependent on a development applicants’ deposits, the timing of City’s invoice payment may be adversely impacted by inadequate applicant funds. City shall make a good -faith effort to ensure that Packet Pg. 31
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2.3 <<Not Used>>
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule included in each task order, the first of which is 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 Packet Pg. 32
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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 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.
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Brent Slama Consulting and the City of Gonzales Page 5 of 13 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.
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.
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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 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 Packet Pg. 35
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Brent Slama Consulting and the City of Gonzales Page 7 of 13 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.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, defend with counsel acceptable to City, indemnify, and hold City, its officers, employees, agents, and volunteers, harmless from and against any and all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, ("Claims"). Consultant will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly ("Liability"). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City.
With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the Indemnitees.
Section 6. STATUS OF CONSULTANT.
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.
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Brent Slama Consulting and the City of Gonzales Page 8 of 13 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 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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Brent Slama Consulting and the City of Gonzales Page 9 of 13 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 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
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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 state courts of California in the County of Monterey or in the United States District Court for the Northern District of California.
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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.
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.
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10.10 Notices. Written notices to Consultant shall be sent to:
Brent Slama Consulting
220 Alves Lane
Greenfield, CA 93927
Written notices to City shall be sent to:
City Clerk
City of Gonzales
P.O. Box 647
147 Fourth Street
Gonzales, CA 93926
10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A 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 Task Order #1 Scope of Services and Rate Schedule Exhibit B City Council Resolution 2023-01
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 Packet Pg. 41
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Brent Slama Consulting and the City of Gonzales Page 13 of 13 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 BRENT SLAMA CONSULTING
Carmen Gil, Interim City Manager Brent Slama, Owner/Principal Attest:
Mary Villegas, Deputy City Clerk
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Brent Slama Consulting and the City of Gonzales - Exhibit A Page 1 of 2
EXHIBIT A
TASK ORDER #1 - SCOPE OF SERVICES AND RATE SCHEDULE
Itemized Costs for Components of Scope of Work
The two projects specifically identified in the Request for Proposal, the Vista Lucia Specific Plan and Annexation and the Rianda Family Trust Agricultural Cooler and Annexation are currently in review by the City of Gonzales, and subject to individual Reimbursement Agreements with each developer.
The Scope of Work and professional services to realize annexation and the implementation of these two project is substantial and will likely take beyond June 2023 to complete.
Tasks included in this scope of services and budget include but are not limited to efforts leading to completion of the Specific Plan(s), completion of CEQA documentation, Plans for Services, negotiation of development agreements, Planning Commission recommendations, City Council approvals, application to LAFCo for the annexation(s) and filing for incorporation with the State Board of Equalization. Within these steps are numerous engineering studies and assessments, financial feasibility studies, and other significant documents that must be completed and are dependent upon cooperation with the City and development team(s).
Given the complexity of the annexation efforts and the development projects themselves, it is assumed and understood that this scope of work/services has the flexibility to adjust to the many shifts in project descriptions or bureaucratic necessity that occur over the lifetime of such large projects.
Hourly Rate
All services provided under this agreement will be provided directly by Brent Slama, AICP, Owner and Principal of Slama Consulting at a rate of $195 per hour for all services provided throughout the duration of the agreement. The length of the agreement and not-to-exceed amount will be determined by the City upon consultation with Mr. Slama. No substitutions of staff will be made to this agreement.
Mr. Slama will commit to 16 hours a week to the City of Gonzales for the length of the agreement, with a schedule to be determined in consultation with City staff and modifications as needed to be based on key meeting dates, project milestones, project deliverables, City needs, City holidays and consultant vacations.
Costs for Travel, Meals and Lodging
There are no additional costs for travel, meals and lodging associated with this agreement. There are no reimbursable expenses contemplated in this agreement.
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Brent Slama Consulting and the City of Gonzales - Exhibit A Page 2 of 2 Assumptions/Limitations
Slama Consulting will be working under the direction of the City of Gonzales and will provide complex project management services as directed by City staff. Slama Consulting recognizes that this contract work is subject to reimbursement agreement(s) between the City and Applicant(s), and it is assumed that funds exist to perform the work envisioned in the agreement.
This agreement is highly dependent upon the applicant(s) to provide accurate and timely information and documents to the City in order to move projects forward. Unless otherwise directed by the City, this includes but is not limited to all plans, maps, legal documents and technical reports necessary to process the application.
Slama Consulting recognizes that work required under the California Environmental Quality Act (CEQA) is being completed by the City of Gonzales as the lead agency under contract with a separate firm and Slama Consulting will work and coordinate with that firm as necessary throughout the duration of the projects.
Equal Opportunity Employer
Slama Consulting is currently a sole proprietorship and does not have employees; however, it is committed to being an Equal Opportunity Employer should it expand during the term of the agreement.
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Attachment: Non-Exclusive Master Services Agreement w/ Brent Slama Consulting (2609 : Resolution No. 2023-01 Master Services Agreement City of Gonzales
CITY MANAGER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: January 9, 2023
FROM: Carmen Gil, Community Engagement & Strat. Partnership Dir.
THROUGH: Carmen Gil, Interim City Manager
SUBJECT: Resolution No. 2023-02 SB 2 Planning Grant Program #19-PGP-13234
RECOMMENDATION
It is recommended that the Council adopt Resolution No. 2023-02, A Resolution of the City Council of the City of Gonzales Authorizing the SB 2 19-PGP-13234 Amendment to the Agreement with the Department of Housing and Community Development to Extend the End Date of the SB 2 Planning Grants Program Funds in the amount of $160,000 to June 30, 2024.
BACKGROUND
In March of 2019, the State Department of Housing and Community Development (HCD) issued a Notice of Funding Availability (NOFA) for SB 2 Planning Grants. The Planning Grants are for the specific purpose of assisting in the production of housing, specifically for environmental impact reports (EIR). On December 13, 2022, it was brought to the attention of the Interim City Manager that funding was still available to the City of Gonzales, thus it was determined that it was appropriate to sign the contract amendment with HCD before the funds would be made unavailable as without the Amendment, the Agreement would have expired December 31, 2022.
REVIEW AND ANALYSIS
The proposed Resolution would amend the end date of the contract to June 30, 2024, allowing staff to draw down $160,000 in reimbursement funds to help cover costs associated with work done on the environmental impact report (EIR), and other studies needed for the proposed annexation of the new growth area. It is recommended by HCD that funds be spent by December 31, 2023.
Explain Recommendation and How it Supports the Vision
AGENDA
ITEM
7 Packet Pg. 45
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.
Explain: The proposed Resolution would allow the City to draw down $160,000 in reimbursement funds to cover critical environmental work that supports and maintains the Council’s Vision for additional housing.
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: The proposed Resolution supports the Mission by providing access to additional resources that support the ultimate goal of adding housing to the area to help enhance the quality of life of local residents.
City services will be delivered in a cost-effective, respectful and friendly manner to insure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. X Yes ___No ___NA Explain: Please see Vision and Mission.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes ____ No ____NA
• Housing X Yes ____ No ____NA
• Recreation X Yes ____ No ____NA
• Environment X Yes ____ No ____NA
• Education X Yes ____ No ____NA
Explain: Please see Vision and Mission.
ALTERNATIVES
Although the Amendment to the Agreement has been signed, the Council could decide to reject the additional $160,000 made available by the Department of Housing and Community Development.
BUDGET IMPACT
Funding from this grant would increase the FY 2022-2023 Budget Fund 201-160-6235 by $160,000.
CONCLUSION
It is recommended that the Council adopt Resolution No. 2023-02, A Resolution of the City Council of the City of Gonzales Authorizing the SB 2 19-PGP-13234 Amendment to the Agreement with the Department of Housing and Community Development to Extend the End Date of the SB 2 Planning Grants Program Funds in the amount of $160,000 to June 30, 2024.
Attachments:
1. Resol 2023-02
2. Agreement with HCD
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RESOLUTION NO. 2023-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES AUTHORIZING THE SB 2 19-PGP-13234 AMENDMENT TO THE AGREEMENT
WITH THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TO EXTEND THE END DATE OF THE SB 2 PLANNING GRANTS PROGRAM FUNDS WHEREAS, the State of California’s Department of Housing and Community Development (Department) issued a Notice of Funding Availability (NOFA) on March 29, 2019, for its Planning Grants Program; and
WHEREAS, Gonzales staff submitted a project application for the Planning Grants Program to support the production of housing and was awarded a Planning Grant in the amount of $160,000; and
WHEREAS, the City has requested an Amendment to extend the use of grant funds through June 30, 2024, expecting to spend the funds by December 31, 2023, and the Department has agreed.
NOW, THEREFORE, BE IT RESOLVED by the City Council, as follows:
SECTION 1. The Gonzales City Council approves and ratifies the Amendment to the Agreement with the Department of Housing and Community Development extending its end date to December 31, 2023, signed by Interim City Manager on December 15, 2022.
SECTION 2. The Gonzales City Council authorizes and ratifies the execution of a State of California Standard Agreement – Amendment in the amount of $160,000, and any and all other documents required or deemed necessary, or appropriate to secure the Planning Grants Program grant.
SECTION 3. The City of Gonzales shall be subject to the terms and conditions as specified in the Standard Agreement, the SB 2 Planning Grants Program Guidelines (PGP), and any applicable PGP guidelines published by the Department. Program funds are to be used for allowable expenditures as specifically identified in the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded in the application will be enforceable through the executed Standard Agreement. The Gonzales City Council hereby agrees to use the funds for eligible uses in the manner presented in the application as approved by the Department and in accordance with the Planning Grants NOFA, the Planning Grants Program Guidelines, and 2019 Planning Grants Program Application.
SECTION 4. The Gonzales Interim City Manager, or designee is authorized and directed to execute the Gonzales Planning Grants Program documents, and any amendments thereto, on behalf of the City as required by the Department for receipt of the Planning Grants Program Grant.
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Attachment: Resol 2023-02 (2610 : Resolution No. 2023-02 SB Planning Grant Amendment Extending End Date)
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 9
th day of January 2023 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Jose L. Rios, The Honorable Mayor
ATTEST:
Mary Villegas, Deputy City Clerk
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Attachment: Resol 2023-02 (2610 : Resolution No. 2023-02 SB Planning Grant Amendment Extending End Date) Packet Pg. 49
Attachment: Agreement with HCD (2610 : Resolution No. 2023-02 SB Planning Grant Amendment Extending End Date) Packet Pg. 50
Attachment: Agreement with HCD (2610 : Resolution No. 2023-02 SB Planning Grant Amendment Extending End Date) Packet Pg. 51
Attachment: Agreement with HCD (2610 : Resolution No. 2023-02 SB Planning Grant Amendment Extending End Date) Packet Pg. 52
Attachment: Agreement with HCD (2610 : Resolution No. 2023-02 SB Planning Grant Amendment Extending End Date) Packet Pg. 53
Attachment: Agreement with HCD (2610 : Resolution No. 2023-02 SB Planning Grant Amendment Extending End Date) Packet Pg. 54
Attachment: Agreement with HCD (2610 : Resolution No. 2023-02 SB Planning Grant Amendment Extending End Date) Packet Pg. 55
Attachment: Agreement with HCD (2610 : Resolution No. 2023-02 SB Planning Grant Amendment Extending End Date) Packet Pg. 56
Attachment: Agreement with HCD (2610 : Resolution No. 2023-02 SB Planning Grant Amendment Extending End Date) City of Gonzales
CITY ATTORNEY
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: January 9, 2023
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, Interim City Manager
SUBJECT: Resolution No. 2023-03, a Joint Resolution Approving an Employment Agreement for City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Electric Authority Executive Director/Electric Utility Executive Director Services with Trevin W. Barber
RECOMMENDATION
It is recommended that the City Council/Successor Agency Board/Successor Housing Agency Board/Electric Agency Board/Electric Utility Board consider and adopt Resolution No. 2023-03, A Joint Resolution of the City Council of the City of Gonzales/City Council as Board to the Successor Agency to the Gonzales Redevelopment Agency/Gonzales Successor Housing Agency Board/Board of the Gonzales Electric Authority/Board of the Gonzales Municipal Electric Utility Approving An Employment Agreement For City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Electric Authority Executive Director/Electric Utility Executive Director Services with Trevin W. Barber.
BACKGROUND
With the departure of City Manager Rene Mendez in June of 2022, the City/Successor Agency/Successor Housing Agency/Electric Authority/Electric Utility (collectively “City”) was compelled to review its options for the recruitment of an individual to fill said position. (In Gonzales, the City Manager also serves as the Director of the Successor Agency to the Gonzales Redevelopment Agency, the Executive Director of the Gonzales Successor Housing Agency, and the Executive Director of both the Electric Authority and Electric Utility.) In the interim, Carmen Gil, Director of Community Engagement and Strategic Partnerships, and Public Works Director/City Engineer Patrick Dobbins, did an outstanding job of providing services as Interim and Acting City Manager respectively.
REVIEW & ANALYSIS
AGENDA
ITEM
9 Packet Pg. 57
After deliberation, the Council solicited proposals from recruitment firms and selected Bob Murray & Associates as the City’s recruiter for a new City Manager. The involved process included preparation and distribution of a brochure soliciting applications for the job, review and ranking of applications, applicant interviews and related Council deliberations. The City was fortunate to have received a number of very good, qualified candidates, and the Council ultimately selected Trevin W. Barber as its number one applicant. Staff was then tasked to negotiate a contract for manager services with Barber, with the assistance of a Council Subcommittee consisting of Scott Funk and Liz Silva, and Adele Frese from Bob Murray. The City is pleased to announce that it has reached an agreement with Barber to assume the duties of the aforesaid positions, and that the contract memorializing the Parties’ agreement is before the City Council this evening for approval. Execution of the same in conditioned upon Barber satisfactorily passing background and medical screening.
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: The new City Manager has the suitable skills to ensure that the City’s vision and mission will remain on track.
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 new City Manager will help the Council and Staff achieve their vision by overseeing programs, decision-making and securing necessary financing for goals and operations.
City services will be delivered in a cost-effective, respectful and friendly manner to i\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 City Manager will ensure that City services continue to be delivered in a cost effective and efficient manner.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes ____ No ___ N/A
• Housing X Yes ____ No ___ N/A
• Recreation X Yes ____ No ___ N/A
• Environment X Yes ____ No ___ N/A
• Education X Yes ____ No ___ N/A
Explain: See Vision above.
ALTERNATIVES
1. Adopt the proposed resolution
2. Do not adopt the proposed resolution and provide Staff and/or the Subcommittee with direction.
BUDGET IMPACT
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The starting salary for the City Manager’s position has been set at $194,000.00 annually. Funding for the position comes primarily from the General Fund, with a small portion of compensation coming from Successor Agency funds.
CONCLUSION
It is recommended that the City Council/Successor Agency Board/Successor Housing Agency Board/Electric Agency Board/Electric Utility Board consider and adopt Resolution No. 2023-03, A Joint Resolution of the City Council of the City of Gonzales/City Council as Board to the Successor Agency to the Gonzales Redevelopment Agency/Gonzales Successor Housing Agency Board/Board of the Gonzales Electric Authority/Board of the Gonzales Municipal Electric Utility Approving An Employment Agreement For City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Electric Authority Executive Director/Electric Utility Executive Director Services with Trevin W. Barber.
Attachments:
1. Resol 23-03 JOINT RESOL
2. Barber Employment Agreement
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RESOLUTION NO. 2023-03
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GONZALES/CITY COUNCIL AS BOARD TO THE SUCCESSOR AGENCY TO THE
GONZALES REDEVELOPMENT AGENCY/GONZALES SUCCESSOR HOUSING
AGENCY BOARD/BOARD OF THE GONZALES ELECTRIC AUTHORITY/BOARD
OF THE GONZALES MUNICIPAL ELECTRIC UTILITY APPROVING AN
EMPLOYMENT AGREEMENT FOR CITY MANAGER/SUCCESSOR AGENCY
DIRECTOR/SUCCESSOR HOUSING AGENCY EXECUTIVE DIRECTOR/ELECTRIC
AUTHORITY EXECUTIVE DIRECTOR/ELECTRC UTILITY EXECUTIVE
DIRECTOR SERVICES WITH TREVIN W. BARBER
WHEREAS, with the departure of former Gonzales City Manager Rene Mendez, the City Council embarked on a recruitment effort for a new Manager overseen by Bob Murray & Associates that included the solicitation of applications, review and ranking of applications, interviews and background checks for a large number of potential candidates; and WHEREAS, after a thorough vetting of its options, the Council directed and engaged in negotiations with its selected candidate, Trevin W. Barber (“Barber”), for the City Manager/Successor Agency Director/Electric Authority Executive Director/Electric Utility Executive Director positions; and
WHEREAS, Barber comes with 12 years of public service experience, including recent service as the Assistant City Manager /Economic Development Director for the City of Seaside, and the Senior Management Analyst for the City of Gilroy; and WHEREAS, the City is pleased to announce that it has reached an agreement with Barber to assume the City Manager, Director and Executive Directors’ positions and has negotiated an appropriate contract for such services.
NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Gonzales, the City Council as the Board of the City of Gonzales as Successor Agency to the Gonzales Redevelopment Agency, the Board of the Gonzales Successor Housing Agency, the Board of the Gonzales Electric Authority and the Board of the Gonzales Municipal Electric Authority, that the “Employment Agreement” between said entities and Trevin W. Barber, a copy of which is attached hereto as Exhibit “A” and by this reference incorporated herein, is hereby approved. The Mayor/Chair/President is hereby authorized to execute said Agreement on behalf of the City/Successor Agency/Successor Housing Agency/Electric Authority/Electric Utility conditioned upon proof of satisfactory background and medical clearance.
BE IT FURTHER RESOLVED that Staff is hereby directed to place an executed copy of the Agreement in Mr. Barber’s newly created personnel file.
PASSED AND ADOPTED by the City Council/City Council Acting as Successor Agency of the Gonzales Redevelopment Agency/Board of the Gonzales Successor Housing Packet Pg. 60
Attachment: Resol 23-03 JOINT RESOL (2613 : Resolution No. 2023-03 Agreement for City Manager Trevin Barber) Agency/Board of the Gonzales Electric Authority/Board of the Gonzales Municipal Electric Utility at a regular meeting held on the 9
th of January, 2023, by the following vote:
AYES, and in favor thereof, Council Members/Successor Agency Members/Successor Housing Agency/Electric Authority Members/Electric Utility Members:
NOES, Council Members/Successor Agency Members/Successor Housing Agency/Electric Authority Members/Electric Utility Members:
ABSTAIN, Council Members/Successor Agency Members/Successor Housing Agency/Electric Authority Members/Electric Utility Members:
ABSENT, Council Members/Successor Agency Members/Successor Housing Agency/Electric Authority Members/Electric Utility Members:
__________________________________
Jose L. Rios, Mayor/Chairperson/Chairperson
President/President
ATTEST:
_______________________________________
Mary Villegas, City/Agency/Agency/Authority/
Utility Deputy Clerk
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Attachment: Resol 23-03 JOINT RESOL (2613 : Resolution No. 2023-03 Agreement for City Manager Trevin Barber) 1 EMPLOYMENT AGREEMENT
CITY MANAGER/SUCCESSOR AGENCY DIRECTOR/SUCCESSOR HOUSING
AGENCY EXECUTIVE DIRECTOR/
GONZALES ELECTRIC AUTHORITY EXECUTIVE DIRECTOR/GONZALES
MUNICIPAL ELECTRIC UTILITY EXECUTIVE DIRECTOR
This Agreement (the “Agreement”) is made by and between the City of Gonzales, a municipal corporation, hereinafter called “City,” the City of Gonzales as the Successor Agency to the Gonzales Redevelopment Agency, hereinafter called “Successor Agency,” the Gonzales Successor Housing Agency, hereinafter called “Successor Housing Agency,” the Gonzales Electric Authority, hereinafter “Electric Authority,” the Gonzales Municipal Electric Utility, hereinafter “Electric Utility,” (sometimes collectively referred to as “EMPLOYER”) and Trevin Barber, hereinafter called “Barber.” This Agreement shall have an effective date of January 2023. In consideration of the mutual covenants contained herein, the parties agree as follows:
1. Employment. EMPLOYER hereby appoints Barber as City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Electric Authority Executive Director/Electric Utility Executive Director, and Barber hereby accepts said appointment upon the terms and conditions hereinafter set forth.
2. Term. The term of this Agreement shall commence on January __ 2023, and shall continue for a term of two (2) years, until January 1, 2025, or until terminated as set forth in Paragraph
13. Notwithstanding said “term,” the parties recognize and affirm that: 1) Barber is an atwill employee whose employment may be terminated by EMPLOYER with or without cause; 2) there is no express or implied promise made to Barber for any form of continued employment; and 3) this Agreement is the sole and exclusive basis for the employment relationship between Barber and EMPLOYER. Notwithstanding the at-will nature of the City Manager/Directors’ positions, it is in EMPLOYER’s and Barber’s best interests to make every effort to ensure that any separation is performed in a professional and businesses like manner.
If the Agreement has not been terminated pursuant to Paragraph 13.A, and EMPLOYER has not provided Barber with notice of its intent not to extend or renew the Agreement per paragraph 13.B, the parties agree to engage in good-faith negotiations to either extend or enter into a new Employment Agreement at least ninety (90) days before this Agreement’s expiration date.
3. Duties. Barber’s duties under this Agreement shall be those assigned to the office of City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Electric Authority Executive Director/Electric Utility Executive Director by the general laws of the State of California, by Gonzales City Code (City Code Chapter 1.28), as from time-to-time amended, by the provisions of AB 1x26 and applicable provisions of the Health and Safety Code, by other ordinances and resolutions of the City/Successor Agency/Successor Housing Agency/Electric Authority/Electric Utility, and all legally permissible and proper duties and Packet Pg. 62
Attachment: Barber Employment Agreement (2613 : Resolution No. 2023-03 Agreement for City Manager Trevin Barber) 2 functions as the City Council/Successor Agency Board/Successor Housing Agency Board/Electric Authority Board/Electric Utility Board may from time to time assign.
EMPLOYER agrees that except for the purpose of inquiry, EMPLOYER and its members shall deal with subordinate City/Successor Agency/Successor Housing Agency/Electric Authority/Electric Utility employees, officers, contractors, and consultants solely through Barber, or his designees, and neither EMPLOYER or any member thereof shall give direction to any subordinate of Barber’s.
Barber shall devote as much time to said duties as shall be required for their proper performance, regardless of the number of hours involved. Barber shall generally be expected to be available in City Hall from 8:30 a.m. to 5:00 p.m., Monday through Friday, but shall be allowed to establish an appropriate work schedule upon providing the Council with notice of the same. Barber shall be responsible for notifying the Council, via electronic mail or telephone, of the use of vacation and/or any form of leave prior to the commencement of his absence.
Upon direction from the City Council/Successor Agency Board/Successor Housing Agency Board/Electric Authority and Electric Utility Boards, Barber shall have the authority to enter into and sign documents on behalf of the City/Successor Agency/Successor Housing Agency/Electric Authority/Electric Utility. Additionally, Barber’s duties shall include attendance at City-sponsored events and community gatherings with residents and partners, including but not limited to parades, ribbon-cuttings and opening ceremonies, and distribution of goods and materials for the public benefit.
In order to facilitate the foregoing duties, Barber shall have the authority to enter into contracts on behalf of the City/Successor Agency/Successor Housing Agency/Electric Authority/Electric Utility on an administrative basis in an amount up to but not to exceed Twenty-Five Thousand Dollars ($25,000.00). Barber shall report all contracts entered into in the amount of Five Thousand Dollars ($5,000.00) or greater in his City Manager’s Report to the Council.
4. Salary and Benefits.
A. For all services to be rendered by Barber under this Agreement, EMPLOYER shall pay Barber One Hundred and Ninety-Four Thousand Dollars ($194,000.00) per year. Salary shall be payable in equal bi-weekly installments. Adjustment to this base salary on the basis of merit may be considered as part of the annual performance evaluation referenced in Section 9.
B. A portion of Barber’s total compensation will be paid from the Successor Agency budget.
Said sum will be based on the actual proportion of Barber’s time spent on Successor Agency duties, and will be paid from Successor Agency funds on a pro-rata basis.
Payment from Successor Agency funds will not cause Barber’s compensation to exceed that established in Subsection 4.A.
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Attachment: Barber Employment Agreement (2613 : Resolution No. 2023-03 Agreement for City Manager Trevin Barber) 3 C. Barber shall be entitled to participate in the City’s retirement plan, medical, dental and vision plans, and shall also be entitled to participate in the City’s Life, ADD&D and LTD insurance programs. Barber agrees to pay the entire 7% employee’s share of the applicable PERS contribution as required by law.
D. City agrees to contribute an amount equal to 5% of Barber’s salary into an ICMA deferred compensation plan on an annual basis.
E. Upon execution of a “Cardholder Agreement,” Barber shall be entitled to obtain a City credit card. The credit card will be subject to the terms and conditions of all City Credit Card Utilization policies.
F. Any request for a change to the foregoing benefits must be made through negotiation with EMPLOYER, and only at the time of the Annual Job Performance Evaluation as set forth in Section 9.
G. In order to avoid issues associated with salary compaction, Barber’s salary will be subject to periodic adjustment to maintain a 5% differential between his compensation and the base compensation of the next highest salaried City employee.
H. Barber shall receive an annual cost of living adjustment (“COLA”) to his base salary on the first anniversary date of this Agreement, by the CPI for Urban Wage Earners and Clerical Workers, all items, San Francisco-Oakland, for the preceding year or 3%, whichever is greater.
I. In the event Barber establishes residency in the City of Gonzales, City will provide Barber with a monthly housing allowance of One Thousand Five Hundred Dollars ($1,500.00) during the term of this Agreement as long as Barber continues to reside in the City. City will also provide Barber with a one-time moving expense stipend of One Thousand Five Hundred Dollars ($1,500.00) upon relocation to Gonzales.
5. Extent and Quality of Services. Barber shall devote his full time, attention and energies to his duties hereunder, and while so employed shall not engage in any other business activity whatsoever, directly or indirectly, either alone or as a partner, employee or agent of another person, firm or corporation; provided, that nothing in this section shall be construed to prevent Barber from making business investments which will not require any service on his part. Barber shall perform his duties to the best of his ability in accordance with the highest professional and ethical standards of the profession and shall comply with all general rules and regulations established by EMPLOYER.
The Parties recognize that while the City policy is that the City Manager shall reside within the city limits of the City of Gonzales, Barber is currently a resident of the City of Hollister, California. The Parties agree that Barber may continue to reside in Hollister as long as EMPLOYER determines that said residency does not serve as an impediment to the provision of Barber’s services and duties as set forth in this Agreement.
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Attachment: Barber Employment Agreement (2613 : Resolution No. 2023-03 Agreement for City Manager Trevin Barber) 4 6. Vacation-Sick Leave-Administrative Compensatory Time Off-General Leave. Unless otherwise noted, City shall provide Barber with vacation, sick and holiday pay in accordance with the provisions that apply to all other City Management employees as set forth in the City of Gonzales Personnel Rules, Regulations and Policies, as may be amended from time to time, including
80 hours of vacation leave per year
96 hours of sick leave per year (accrued @ 3.69 hours per pay period) 1 floating holiday per year (credited January 1 of each year) 12 standard holidays provided to other employees.
Additionally, in recognition of the fact that Barber must devote a great deal of time outside of normal office hours to the business of EMPLOYER, City shall provide Barber with forty (40) hours per year of administrative leave, credited on July 1 of each year. Administrative time does not roll-over into subsequent years and must be used within each fiscal year in which it is granted.
Any caps on the accrual of vacation, sick leave or administrative time off, or restrictions on when such leave must be used applicable to other City Management Employees at the time of the execution of this Agreement shall apply to Barber.
Barber shall not be entitled to any amendments to such benefits as may be made from time to time by Council action after execution of this Agreement. Any change to such benefits must be made through negotiation with EMPLOYER, and only at the time of the Job Performance Evaluation set forth in Paragraph 9.
7. Automobile. Barber shall have the use of a City-owned automobile for his professional use.
With the exceptions noted below, personal use of the City Automobile in not allowed. The City Automobile shall also not be used to transport family members, friends or other persons not involved in the conduct of EMPLOYER’S business. Exceptions to this policy are as follows:
A. A family member may accompany Barber in the City Automobile to an official function to which the family member is welcomed or invited.
B. Barber may use the City Automobile for personal use that is reasonable and incidental to primary use. For purposes of this Agreement, incidental use is defined as a use that does not exceed the primary use of the City Automobile in either time or distance traveled in a twenty-four hour period. Examples would be stops at the grocery store, use of the automobile for an errand during the lunch hour or stopping for a meal on the way to or from an out-of-town meeting. Occasional overnight use to and from Barber’s residence is also allowed.
8. Expenses- Dues and Subscriptions. EMPLOYER agrees to reimburse Barber for all travel expenses and conference fees for annual League of California Cities meetings and annual International City/County Management Association meetings.
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Attachment: Barber Employment Agreement (2613 : Resolution No. 2023-03 Agreement for City Manager Trevin Barber) 5 All other expenses incurred by Barber in the performance of his official duties shall be reimbursed in accordance with applicable City policies.
Upon City Council approval through the budget process, EMPLOYER shall pay a reasonable amount annually for Barber’s dues and subscriptions to professional organizations related to municipal management, and membership dues and related fees for local and regional community organizations. Where possible, requests for such amounts shall be made by Barber on an annual basis at or around the time of consideration and approval of the City fiscal year budget.
9. Review of Job Performance. EMPLOYER, through the City Council, shall review and evaluate the performance of Barber. In year one of the Agreement, the Council will meet twice, in June and in December, to discuss and review Barber’s progress/and or completion of Council established goals and milestones and any related performance issues. All such goals and milestones shall be established in writing by the Council in January of each year.
Thereafter, by no later than December of each year of the term of this Agreement, and at any other time chosen by the City Council as necessary, the Council will meet to evaluate Barber’s performance. Said review and evaluation shall be in accordance with specific criteria developed by the City Council, which may be modified from time-to-time. At the conclusion of each evaluation, the City Council shall provide Barber with a written summary of its findings and the opportunity to discuss the evaluation with the Council. All such information shall be kept confidential by the parties and shall be used by said parties only for the purpose of improving the employment relationship or for the purpose of exercising rights under the terms of this Agreement.
EMPLOYER, through the City Council, shall periodically define such goals and performance objectives which it determines are necessary for the proper operation of the EMPLOYER’s council/boards in the attainment of the Council/Agency/Utility policy objectives, and shall further establish a relative priority among those various goals and objectives. All such goals and objectives shall be reduced to writing and may be used for evaluation purposes.
10. Computer- Telecommunications. City agrees to provide a portable computer and software for Barber’s exclusive use at home or in the field. Such equipment shall remain the property of City, and upon Barber’s departure, shall be returned by Barber to City. Barber is expected to comply with all City rules, regulations and policies concerning the use and care of Cityissued electronic communications equipment. Telecommuting will not be allowed unless ordered by federal, state or local order or upon preapproval by the City Council.
11. Indemnification. EMPLOYER shall defend, save harmless, and indemnify Barber against any tort, professional liability claim or demand or other legal action arising out of an alleged act or omission occurring in the performance of Barber’s duties as City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Electric Authority Director/Electric Utility Director in accordance with the provisions of California Government Code Section 825, and provide a defense in accordance with Government Code Section 995.
Barber’s conviction for any felony or misdemeanor involving moral turpitude shall be a basis Packet Pg. 66
Attachment: Barber Employment Agreement (2613 : Resolution No. 2023-03 Agreement for City Manager Trevin Barber) 6 for exemption from this indemnification. EMPLOYER may compromise and settle any such claim or suit and pay the amount of any settlement or judgment therefore.
12. Bonding. EMPLOYER shall bear the full cost of any fidelity or other bond required under any law or ordinance.
13. Termination.
A. Termination Prior to Expiration of Term. This Agreement may be terminated prior to the expiration of the term specified in Paragraph 2 above in any one of the following ways:
i. By mutual agreement of the parties hereto, expressed in writing; or ii. By Barber, upon giving EMPLOYER not less than sixty (60) days’ prior written notice of his election to terminate; or
iii. By EMPLOYER (by affirmative vote of at least three (3) City Council members), for cause, arising from a willful breach of duty or habitual neglect of duty of Barber, by Barber’s conviction of a crime involving moral turpitude, or for any conduct by Barber which makes it impossible or impracticable for him to perform his duties hereunder, or that seriously impedes EMPLOYER’s operations. Barber shall not have any right to appeal or hearing for termination pursuant to this section; or iv. By EMPLOYER (by affirmative vote of at least three (3) City Council members), without cause, upon giving to Barber written notice of termination. Upon termination and execution of a complete release and waiver of all claims, grievances or causes of action against EMPLOYER, its employees, agents, officers and appointed and elected officials arising out of or concerning this Agreement, Barber shall be paid forthwith a sum equal to his salary for a period of four (4) months as severance. Barber shall not have any right to appeal or hearing for termination pursuant to this section. Upon receipt of an overall above-average annual evaluation at the end of the first year of this Agreement, the amount of severance pay shall increase to six (6) months.
Notwithstanding the foregoing, Barber may not be removed from office without cause pursuant to this provision during or within a period of one hundred eighty (180) days succeeding any general municipal election held in the City at which a new city council member is to be elected. This prohibition shall not be applicable to the Council’s election to not renew or extend this Agreement as set forth in Subsection B of this Section 13.
B. Election Not to Renew or Extend Agreement. Should EMPLOYER elect not to extend or renew this Agreement, EMPLOYER shall provide Barber one hundred twenty (120) days’ written notice prior to the Agreement’s expiration date as established herein.
C. Disability. If Barber is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, mental incapacity or health for a period of four (4) successive weeks beyond any accrued sick leave, or for twenty (20) working days over a Packet Pg. 67
Attachment: Barber Employment Agreement (2613 : Resolution No. 2023-03 Agreement for City Manager Trevin Barber) 7 thirty (30) day working period, EMPLOYER shall have the option to terminate this Agreement, subject to the severance pay requirements in this Section.
D. Notwithstanding the language set forth in Subsection A above, any severance amount paid pursuant to this Agreement shall be subject to the restrictions set forth in California Government Code Section 53260, which provides that the maximum amount of severance pay that Barber may receive shall be the lesser of (i) twelve (12) months base salary; or (ii) base salary for the number of months remaining on the term of this Agreement. Additionally, any cash settlement related to termination of this Agreement received by Barber from EMPLOYER shall be fully reimbursed to EMPLOYER if Barber is convicted of a crime involving the abuse of his office or his position while employed by the City/Successor Agency/Successor Housing Agency/Electric Authority/Electric Utility, pursuant to Government Code Section 53243.2.
14. Compatibility with State Law. This Agreement is made subject to all applicable laws of the State of California, specifically including but not limited to Section 34851, et seq. of the Government Code. In the event of any conflict between the provisions of this Agreement and any such state law, the provisions of said State law shall apply.
15. Compatibility with Municipal Code. Except as otherwise noted in this Agreement, the provisions of this Agreement are subject to the limitations contained in Chapter 1.28 of the Gonzales City Code, and in the event of any conflict between the provisions of this Agreement and Chapter 1.28, the provisions of Chapter 1.28 shall be controlling.
Notwithstanding the foregoing, the process set forth in Section 13 above, for termination of employment, shall prevail over the provisions of Section 1.28.100 of the Gonzales City Code.
16. Miscellaneous.
A. The text herein shall constitute the entire Agreement between the parties. The Agreement may not be modified, except by written agreement executed by both parties.
B. If any provision or any portion thereof contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.
C. The parties agree that any ambiguity in this Agreement shall not be construed or interpreted against, or in favor of, either party.
D. In the event of litigation per the terms of this Agreement, the prevailing party shall be entitled to attorneys’ fees and cost.
IN WITNESS WHEREOF, said parties have executed this Agreement on the ___ day of January, 2023.
Packet Pg. 68
Attachment: Barber Employment Agreement (2613 : Resolution No. 2023-03 Agreement for City Manager Trevin Barber) 8 By ___________________________________
Trevin Barber
CITY OF GONZALES
By
Jose L. Rios, Mayor
CITY OF GONZALES AS SUCCESSOR AGENCY TO THE GONZALES
REDEVELOPMENT AGENCY
By
Jose L. Rios, Chair
CITY OF GONZALES SUCCESSOR HOUSING AGENCY
By
Jose L. Rios, Chair
CITY OF GONZALES ELECTRIC AUTHORITY
By
Jose L. Rios, President
CITY OF GONZALES ELECTRIC UTILITY
By
Jose L. Rios, President
Packet Pg. 69
Attachment: Barber Employment Agreement (2613 : Resolution No. 2023-03 Agreement for City Manager Trevin Barber) 9 ATTEST:
Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
Packet Pg. 70
Attachment: Barber Employment Agreement (2613 : Resolution No. 2023-03 Agreement for City Manager Trevin Barber) P.O. BOX 647 147 FOURTH ST. GONZALES, CALIFORNIA 93926
PHONE: (831) 675-5000 FAX: (831) 675-2644 www.gonzalesca.gov
CITY COUNCIL APPOINTMENTS
Considered and Approved on January 4, 2021
(2-year term)
BOARD/COMMITTEE APPOINTEE ALTERNATE
League of CA Cities Monterey Bay Division
Meet 2nd Monday of every other month at 6:00pm
Paul Miller Scott Funk
Association of Monterey Bay Area Governments (AMBAG)
Meet 2nd Wednesday of each month at 6:00pm Scott Funk Lorraine Worthy Transportation Agency for Monterey County (TAMC)
Meet 4th Wednesday of each month at 9:00am Jose Rios Lorraine Worthy Mayors Selection Committee - Mayors Association
Meet 1st Friday of each month at 12:00pm Jose Rios None Permitted Monterey Bay Unified Air Pollution Control District (MBUAPCD) As needed
Appointed by
Mayors Assoc. -
Association of California Cities Allied with Public Safety (ACCAPS) As needed Paul Miller Liz Silva
Salinas Valley Recycles
Meet 3rd Thursday of each month at 6:00pm
Liz Silva Scott Funk
Monterey-Salinas Transit (MST)
Meet 2nd Monday of each month at 10:00am Lorraine Worthy Paul Miller * ABAG Power Pool
As needed Rene Mendez Patrick Dobbins
* ACJIS Policy Committee
As needed Police Chief Paul Miller
City & School Joint Steering Committee
As needed Jose Rios & Scott Funk
Measure K Oversight Committee
Meet 3rd Tuesday of each month at 6pm
Lorraine Worthy & Scott Funk
Economic Development Committee
Meet 2nd Tuesday of each month at 4:00pm
Liz Silva & Lorraine Worthy
Matt Gourley (Community Business Rep.)
Prison’s Citizens Advisory Committee
As needed Police Chief
Homelessness Coalition Leadership Council
Meet 4th Wednesday of each month at 1:00pm Mayor
Central Coast Community (3C) Energy Policy Board of Directors Meet 1
st Wednesday (Quarterly) at 9am Mayor (Alternate)
SV Basin Groundwater Sustainability Board
2 nd Thursday of each month at 3pm King City Gonzales
S.O.S US 101 Traffic Safety Alliance
As needed
Liz Silva & Paul Miller
* Primary appointment does not have to be a Council Member Packet Pg. 71
Attachment: Council Committee Appts List (2606 : Consider Council Appointments to Boards & Committees) AGENDA
ITEM
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