Gonzales City Council
April 17, 2023

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

A G E N D A

JOINT MEETING OF THE

GONZALES CITY COUNCIL AND

GONZALES SUCCESSOR AGENCY
CITY COUNCIL CHAMBERS – 117 FOURTH STREET
GONZALES, CA 93926
MONDAY, APRIL 17, 2023
6:00 P.M.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

1. ROLL CALL- City Council/Successor Agency
Mayor Pro Tem/Vice Chair Scott Funk, Council/Agency Member Liz Silva, Council/Agency Member Lorraine Worthy, Council/Agency Member Maria Orozco, Mayor/Chair Jose L. Rios
Youth Commissioners
Sherlyn Flores and Luke Naegle
Successor Agency Item

PUBLIC NOTICE
This meeting is being conducted consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The public may participate in person or online via zoom at https://us06web.zoom.us/j/83143256747 or call 1 (669) 900-6833 and use Meeting ID: 831 4325 6747.

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 the day of the meeting to the City Clerk at [email protected]

PRESENTATIONS

2. Certificates of Recognition to the Gonzales High School Girls Soccer Team

3. Conceptual Affordable Housing Plan for the Vista Lucia Specific Plan

BUSINESS FROM THE PUBLIC

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

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.

5. Approve the Joint City Council and Successor Agency - Regular Meeting - April 3, 2023 Minutes

6. Approve City Accounts Payable Warrants #48402-48459

7. Community Development Department Activity Report

8. Community Engagement & Strategic Partnerships Activity Report

9. Fire Department Activity Report

10. Police Department Activity Report

11. Public Works/City Engineer Department Activity Report

12. Recreation Department Activity Report

13. Authorize the City Manager to Enter Into an Agreement with California Consulting, LLC to Provide Grant Writing Services for Various Grants on an as Needed Basis. Cost: Per Grant and Not-to-Exceed Basis of $100,000

14. Consider Approval of the Co-Sponsorship of the 2023 Special Events Organized by Various Local Community Groups: 1) Día del Niño, Sponsored by Grupo Unidos on or About April 30th at Central Park; 2) Cinco de Mayo Celebration, Sponsored by the LUDA on or About May 5th at Central Park; and 3) Fourth of July Celebration, Sponsored by the Gonzales Rotary, on or About July 4th at Central Park

15. Consider Approval of Resolution No. 2023-14, A Resolution of the City Council of the City of Gonzales Authorizing Staff to Submit a Formal Loan Application to the US Department of Agriculture for Partial Funding of the First Phase of the Community Center Project

REGULAR AGENDA

16. Consider Adoption of Ordinance No. 2023-136, An Ordinance of the City Council of the City of Gonzales Adding New Chapter 12.150 – Agricultural Resource Mitigation to Title 12 – Zoning Regulations, Part 5, Regulations Applying in All Districts a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Ordinance No. 2023-136

BUSINESS FROM CITY COUNCIL

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

18. Oral Communications

BUSINESS FROM CITY MANAGER

19. Oral Communications
*
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.

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.

20. The City Council will recess to closed session to consider personnel matters pursuant to Government Code Section 54957(B)(1) - City Manager Evaluation.

21. The City Council will recess to closed session pursuant to Government Code Section 54956.8 to give instructions to the City's Negotiators regarding negotiations concerning the purchase/sale/exchange/lease of the properties located adjacent to APN: 020-056-004.

Instructions to the negotiators will concern terms, price, and/or terms of payment.

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, APRIL 3, 2023
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
Maria Orozco Council/Agency Member Present

YOUTH COMMISSIONERS
Sherlyn Flores and Luke Naegle.

STAFF PRESENT
City Manager Trevin W. Barber, City Attorney Michael F. Rodriquez, Community Development Director Taven Kinison Brown, Director of Community Engagement and Strategic Partnerships Carmen Gil, Executive Assistant to the City Manager/Deputy City Clerk Mary Villegas, Administrative Assistant II Marisol Gomez, Public Works Director/City Engineer Patrick Dobbins, Fire Chief Jason Muscio, and Police Chief Keith Wise.
* Successor Agency Item
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Minutes Acceptance: Minutes of Apr 3, 2023 6:00 PM (CONSENT AGENDA) AGENDA
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PUBLIC NOTICE
This meeting is being conducted consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The public may participate in person or online via zoom at https://us06web.zoom.us/j/81414768842 or call 1-1669-900-6833 and use Meeting ID: 814 1476 8842. 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 the day of the meeting 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.

There was one.

CONSENT AGENDA

3. Approve the Joint City Council and Successor Agency - Regular Meeting - March 20, 2023 Minutes
Council Member Silva abstained from Item 3 due to being absent at that meeting.

RESULT: APPROVED [UNANIMOUS] Item 3
MOVER: Lorraine Worthy, Council Member
SECONDER: Maria Orozco, Council Member
AYES: Jose L. Rios, Scott Funk, Lorraine Worthy, Maria Orozco ABSTAIN: Liz Silva

4. Approve the City Council - Special Meeting - March 23, 2023 Minutes

5. Approve City Accounts Payable Warrants #48353-48401

6. Authorize the City Manager to Execute a Professional Services Agreement with Willdan Financial Services Not-to-Exceed $7,500 to Prepare a Single-Focus Impact Fee Study and Determine an In-Lieu Fee Formula for Mitigating the Conversion of Agricultural Lands to NonAgricultural Uses in the Vista Lucia Specific Plan Project Area and City Annexation Areas

7. Consider Awarding a Contract for Financial Feasibility Services to Keyser Marston Associates, Inc., on an Hourly Not-to-Exceed Basis Based on Developer Reimbursement, for a Total Performance Period of up to Three (3) Years; Awarding a Contract for Financial Feasibility Services to Willdan Financial Services, on an Hourly Not-to-Exceed Basis Based on Developer Reimbursement, for a Total Performance Period of up to Three (3) Years; and Awarding a Contract for Financial Feasibility Services to Harris & Associates Inc., on an Hourly Not-toExceed Basis Based on Developer Reimbursement, for a Total Performance Period of up to Three (3) Years

8. Authorize the City Manager to Enter Into an Agreement with California Consulting, LLC. to Provide Grant Writing Services for Various Grants, on an as-Needed Basis (Cost: Per Grant and Not-to-Exceed Basis of $100,000)
RESULT: TABLED [UNANIMOUS] Item 8
MOVER: Maria Orozco, Council Member
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco Packet Pg. 5
Minutes Acceptance: Minutes of Apr 3, 2023 6:00 PM (CONSENT AGENDA)

9. Authorize the City Manager, or his Designees, to Execute an Agreement for Budget and Planning Software with OpenGov for a Total Cost of $69,078 over Three Fiscal Years, and Make Minor Modifications as Appropriate Thereto, on Behalf of the City Council Member Orozco pulled Items 7 and 9. She asked if the proposals are going to be three separate proposals for this item. And if part of this process is going to be something that the Housing Ad Hoc Committee Members will be a part of once the proposals are received.

For Item 7, City Manager Barber responded that staff decided that it might be best to have all three on the shelf in a qualified list of vendors, so that when we know more about DR Horton's proposal, we would be able to pick and choose from those three and which ones best match the needs of the DR Horton site. In regards to the second question, he responded that the DR Horton Affordable Housing Ad Hoc Committee will be able to review those proposals and be a part of meeting the team that is going to assist and figure out an affordable housing plan for that site when DR Horton first submits their reimbursement agreement.

Mayor Rios pulled Item 8 for further discussion.

He asked if there was a track record and if this was the only person that was looked at. He was curious because if they are going to spend this kind of money, he wanted to able to know what the factors were, like number of applications, and would like that information before moving forward.

City Manager Barber responded that he didn’t have the exact numbers but staff received proposals to our request for proposals solicitation, California Consulting, BKF Engineers, and Siegfried. Staff reviewed all of the consultants and checked references, and California Consulting had the winning score. He said he didn’t know the number and he would be happy to come back and provide that.

Mayor Rios asked if it was imperative that we pass it tonight.

City Manager Barber responded he can check with the consultant if they'd be willing to work with staff on the timeline, but he believed there was one of the grants that's in April.

Mayor Rios asked how soon it was due.

City Manager Barber responded he’ll get back to him on that.

In regards to Item 9, Council Member Orozco asked if this was a new software program that's going to enhance what we already have and if staff consulted with Green’s Accounting services to do more research on this new software program, or was it a new software program.

City Manager Barber responded yes, our accounting software system doesn't meet the needs of staff for understanding reporting on budget, and this system will provide staff the ability to quickly and efficiently keep track of budget expenses, and revenues. And yes, staff consulted with Green’s Accounting on the potential acquisition.

Council Member Silva asked if this new software will require an upgraded server.

City Manager Barber responded this software will not require that.

Council Member Orozco asked if we went out to bid for this.

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Minutes Acceptance: Minutes of Apr 3, 2023 6:00 PM (CONSENT AGENDA)

City Manager Barber responded no. He said staff is relying on the procurement form Watsonville who just signed a contract with them a year ago, and other documents provided by other Cities.

Council Member Orozco asked if it was working for other cities.

City Manager Barber responded yes.

RESULT: APPROVED [UNANIMOUS] Consent Agenda Items 4, 5, 6, 7, and 9 MOVER: Maria Orozco, Council Member
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco

REGULAR AGENDA

10. Introduce, Waive Reading, and Read by Title Only Ordinance No. 2023-136, An Ordinance of the City Council of the City of Gonzales Adding New Chapter 12.150 – Agricultural Resource Mitigation to Title 12 – Zoning Regulations, Part 5, Regulations Applying in All Districts Staff Report: Community Development Director Kinison Brown presented the staff report via powerpoint presentation, which consisted on the introduction of the components of the draft ordinance, attention to key issues such as description of five options for compliance, providing for in-lieu fees in keeping with the 2014 MOA with the County of Monterey, and confirming the timing of when mitigation is required in keeping with the General Plan. He elaborated on the public comments received from the Agricultural Land Trust, the Monterey County Agricultural Commissioner's Office, Monterey County Housing and Community Development Department, Pembrook Development for the Vista Lucia Specific Plan Project, concerned citizen, and LAFCO.

He added the Council had copies of the letters before them tonight.

Mayor Rios opened the public hearing at 6:54pm.

Public Hearing: Mike Novo mentioned he submitted a letter today, and was also here to represent the Ag Land Trust, and he is one of the Board of Directors. He commented about the ordinance being a good start but didn't think it gets the City where they want to be as a City; it doesn't meet all the City goals; he doesn't think the ordinance will provide clear direction for any development that involves LAFCO actions; he doesn't think it will provide sufficient mitigation under the California Environmental Quality Act; and exemption of a lot of things from the requirements for mitigation.

He thought this ordinance will drive up the cost of housing and there is an issue with property owners when submitting an application to change the zoning or develop their land. He asked the Council to direct staff to work along with the County's effort.

Glenn Pace, Pembrook Development Manager, said they were the developers of the Vista Lucia Project. He talked about recognizing the value of the agricultural industry in this valley and being 100% in support of the efforts that are taking place with this ordinance; appreciating staff working with them and accepting input and comments; without the in-lieu fee, Vista Lucia won't happen; and being generally in support of the ordinance as presented this evening. He said he would like to make a presentation to the Council on their affordability program for Vista Lucia and elaborated on the percentage of the homes of the arena requirements.

Katharine Hardt-Mason, Pembrook Land Use Attorney, echoed Mr. Pace’s comments and appreciated the opportunity and how cooperative everyone was working together with Pembrook on this ordinance, which serves the purposes of development very well.

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Minutes Acceptance: Minutes of Apr 3, 2023 6:00 PM (CONSENT AGENDA)

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

Council Discussion: There was none.

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

BUSINESS FROM CITY COUNCIL

11. City Council Board/Committee Reports
a. Transportation Agency for Monterey County
Mayor Rios reported on the long discussion they had on the future projects. b. Mayor Selection Committee
Mayor Rios announced the next meeting this Friday.
c. Salinas Valley Recycles
Council Member Silva announced the next meeting on April 20th where they will be reviewing the next fiscal year's budget.
d. Measure K Oversight Committee
Community Engagement and Strategic Partnerships Director Gil reported they met in March and will be meeting again in May.
e. South Salinas Valley Broadband Authority
No report.

12. Oral Communications
Youth Commissioner Naegle reported that the Superintendent asked the GYC to evaluate the food options at the school and give her feedback; and they’ll be meeting with the other construction team regarding the Community Center where they will give them feedback on the Youth Innovation Center.

Council Member Orozco reported on the School Board meeting she and Council Member Worthy attended as members of City's Housing Ad Hoc Committee, and told them they would be working with developers, and they also heard a presentation by DR Horton. She said it was nice to hear the different reports that the administrators and principals are doing on the various activities taking place at the school. She also reported on some farm worker families beginning to receive the $600 USDA grants she mentioned some time ago, and said there's still such a tremendous need for assistance for rent and utilities. She thanked Community Engagement and Strategic Partnerships Director Gil and the Community Health Workers for all their hard work and continuing the efforts of getting information to the families.

Council Member Silva announced the Hall of Fame event on April 29th at the Amaral Ranch where they will be honoring the 1971 Football Team and 1975 Basketball Team and some other individuals. She also announced the Salinas Valley Fair taking place May 18th- 21st.

Mayor Rios thanked both Council Members Orozco and Worthy for attending that meeting. He brought up a couple of concerns, one was loud music not only at night but during the day and he has received comments from a number of people including seniors. He asked if we can do something about it and maybe changing the ordinance since it continues to happen. He said the other thing is the catering trucks and ice cream trucks parking on the streets and not getting cited.

He wondered if the Council would like to change the ordinance a little bit.

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Minutes Acceptance: Minutes of Apr 3, 2023 6:00 PM (CONSENT AGENDA)

Police Chief Wise elaborated on the loud music ordinance and enforcement.

Council Member Orozco shared the City of Salinas’ experience when she worked there, where they tried everything and anything with catering trucks parking on public streets, which was a big issue, especially when they parked right in front of a restaurant. She said what they did was not working at all, so it because a real issue for the business community. She would like to find out what the other South County cities were doing to deal with these situations.

Mayor Rios liked that idea. He asked staff if they can find out what the other cities were doing.

Mayor Pro Tem Funk suggested staff getting this information and bring it back as an agendized item.

Mayor Rios mentioned that the Football Coach told him about the Football Team's intention to participate in the community in any activities, so if they have ideas they can let the coach know.

BUSINESS FROM CITY MANAGER

13. Oral Communications
City Manager Barber mentioned he's in his third month with the City and he's starting to introduce himself to the businesses by walking blocks. He met the gentleman from the Fogs End Distillery, and they came out with a new product which will be released to the public next month. He highlighted they are one of the finalists in one of the award categories for the state, so we not just have award winning champagne in Gonzales, but potentially going to be an award-winning gin producer also.

Public Works Director Dobbins reported that the Pilot Bike Lane Project will be implemented this Wednesday, Thursday, and Friday.

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.

14. The City Council will recess to closed session to consider personnel matters pursuant to Government Code Section 54957(B)(1) - City Manager Evaluation.

The Council engaged in the evaluation process. No other reportable action taken.

ADJOURNMENT
The meeting was adjourned at 7:58 PM.

ATTEST:

Mary Villegas, Deputy City Clerk
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Minutes Acceptance: Minutes of Apr 3, 2023 6:00 PM (CONSENT AGENDA) AGENDA
ITEM
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Attachment: Warrants #48402-48459 (2686 : Approve City Accounts Payable Warrants #48402-48459) 6 Packet Pg. 11
Attachment: Warrants #48402-48459 (2686 : Approve City Accounts Payable Warrants #48402-48459) City of Gonzales

COMMUNITY DEVELOPMENT DEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: April 17, 2023
FROM: Taven Kinison Brown, Community Development Director THROUGH: Trevin W. Barber, City Manager
SUBJECT: Community Development Activity Report

BUILDING DIVISION ACTIVITY
From March 1, 2023, through March 31, 2023 (reporting 31 days), the City issued 13 permits from the Building Division for two ADUs, three reroofs and electrical permits associated with residential solar installations. The estimated valuation of all improvements was $321,292.00.

BUSINESS LICENSES
The City has 305 active business licenses as of January 23, 2023. These licenses represent our longstanding agricultural businesses, downtown businesses, commercial district businesses, home occupation businesses, as well as consultants and other contractors who conduct business within the City.

CODE ENFORCEMENT
The City presently has several active Code Enforcement cases and other calls that we field responses to that do not rise to official “cases.” The mayor raised an issue at the City Council Meeting of April 3, 2023 regarding an exploration of enforcement or liberalization of vendor truck regulations in the City of Gonzales. Council members asked that the item/discussion be agendized for a future date.

POTENTIAL COMMERCIAL PROJECTS
A query was made to the Community Development Director from a valley-oriented commercial realtor, that she had a client looking to explore and find locations for a mini-storage facility in the City of Gonzales. Staff responded, that such developments could be requested in the HC Highway Commercial AGENDA
ITEM
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district and that there were unimproved lands at Gloria Road, Hwy 101 and Alta with the HC designation.

She asked for the property owner and staff shared the ownership by name. Staff offered assistance and engagement with any future information needs she or her client may need.

ECONOMIC DEVELOPMENT
The Rianda Agricultural Cooler proposal on Gloria Road. The CEQA Public Review period begins March 15, 2023 and will run for 30 days to April 13, 2023. The Planning Commission will convene on Monday April 24, 2023 to consider the Rianda Family Trust Agricultural Cooler Project. The project has no less than 5 actions embodied in 5 resolutions that address environmental review, general plan and zoning amendments, “pre-zoning”, and preparation for the City to formally request LAFCo consideration for incorporating the new city land areas that will support the nearly $80 million cooler investment in the local economy.

Following incorporation, the applicant would just need to meet the conditions of approval and any mitigation measures that may be in place.

Helping restart the City of Gonzales Chamber of Commerce. The city is ready to assist with outreach or other efforts for our local business community.

Potential Freestanding Electronic-Display Freeway-Oriented Billboard. Following the holiday break, staff will be outlining the tasks ahead to potentially modify the zoning and sign codes to allow such structure on public property. Other items, mainly Housing related efforts and the Rianda Agricultural Cooler appear to have precedence.

HOUSING
Sphere of Influence Area
City staff continues to work with Pembrook Development Group (Vista Lucia Specific Plan: VLSP) and Jackson Family Investments (Puente Del Monte Specific Plan: PDMSP) and the Rianda Family Trust on developments in the City’s Sphere of Influence.

Building blocks to the Vista Lucia Specific Plan and EIR that are now in place or sufficiently far along to be relied upon to advance the preparation of the Specific Plan and EIR include:

1. The City’s VMT or Vehicle Miles Traveled Policy

2. The Water Supply Assessment (WSA)

3. Draft Willdan Financial Study. Annexation Fiscal Impact Analysis Administrative Draft Report

4. Agricultural Mitigation Ordinance. Introduced April 3, 2023, and cued for final City approval April 17, 2023.

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Additionally, on Wednesday April 5, 2023 staff convened a power study discussion and review of the applicant’s latest response (February 2023) to City comments on the unfolding Draft Vista Lucia Specific Plan. Working side-by-side in the review were: the City Manager, Community Development Director, Public Works Director, Slama Consulting (on behalf of City interests and proficient in LAFCo affairs), the City Attorney, and the Community Development Department Administrative Assistant. Staff will follow up with written comments and a face-to-face engagement with Pembrook Development on Wednesday April 19, 2023.

Pembrook Development has also requested to present their Affordable Housing program to the City Council on Monday April 17, 2023. The item will be for presentation only by Pembrook and no actions or decisions making on the part of the Council are being requested at this time.

Puente Del Monte Specific Plan (PDMSP). The Rianda Cooler project proposal will reshape the PDMSP once more is known and certain about how the Rianda Cooler moves through city development review and LAFCo processes. See comments on Planning Commission activities below.

Housing Within the City
DR. Horton continues in their due diligence and exploration of the development of the 138-acre D’Arrigo property. City Council on March 6th established an Ad Hoc Committee. The Ad Hoc Committee will be convening on Thursday April 11, 2023 to discuss matters, including approaches to impact fees and affordable housing.

Housing Element Preparation.

A kick-off meeting is yet to be scheduled and a presentation with the Planning Commission and community is to be scheduled soon.

PLANNING COMMISSION ACTIVITY
The Planning Commission joined the City Council on February 21, in a joint session to receive a report on the Water Supply Assessment for the Vista Lucia Specific Plan.

On March 13, 2023, the Planning Commission considered the City’s Ag Advisory Committee recommendation on the draft Agricultural Resource Mitigation Ordinance. With a few clarifications and enhancements, the Planning Commission (3-0) advanced a recommendation to approve the draft Ordinance to the City Council. The regular April 10, meeting of the City Planning Commission will be canceled, yet the Planning Commission will convene on Monday April 24, 2023 to consider the Rianda Family Trust Agricultural Cooler Project. The project has no less than 5 actions embodied in 5 resolutions that address environmental review, general plan, and zoning amendments, “pre-zoning”, and preparation for the City to formally request LAFCo consideration for incorporating the new city land areas that will support the nearly $80 million cooler investment in the local economy. We are working to have all City entitlements in place for the cooler upon incorporation into the City through City Council and LAFCo.

OTHER COMMUNITY DEVELOPMENT DEPARTMENT ACTIVITIES
Anticipated Ordinances and Policies that are needed and are being worked into the department’s work program:
a. Agricultural Mitigation Ordinance
b. Housing Element Update
c. Safety Element Update
d. Environmental Justice Element (a new state requirement) Packet Pg. 14
e. Electric Vehicle Charging Ordinance / Policy
f. Administrative Citation /Code Enforcement Ordinance strengthening, g. Water Efficiency Landscaping Ordinance (update to the 2015 effort) h. Parking Regulations (potentially, if directed)
i. Sign Ordinance revisions (potentially, if directed)
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City of Gonzales

COMMUNITY ENGAGEMENT & STRATEGIC

PARTNERSHIPS

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: April 17, 2023
FROM: Carmen Gil, Community Engagement & Strat. Partnerships Dir.

THROUGH: Trevin W. Barber, City Manager
SUBJECT: Community Engagement and Strategic Partnerships Report Gonzales Youth Council

1. In March the Gonzales Youth Council continued to meet biweekly. They met with one of the Design/Build firms working on the Community Center / Teen Innovation Center. They provided insight and feedback and will meet with another firm in the upcoming weeks.

2. The GYC had their meeting with the GHS Superintendent and the principal. The meeting went great and since then they have had 2 other meetings to address issues, concerns, and derive potential solutions.

3. They are also going to be supporting the Safe Routes to Schools work happening around the school sites and are going to be helping the Interact Club with a clean-up day in April.

COVID-19 and Community Engagement

1. The need for COVID-19 testing has continually decreased. The CHWs are now supporting other areas of work including the Local Assistance Center that has been established to deal with the floods in Pajaro and the food distributions supported by the Food Bank and Brighter Bites.

AGENDA
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2. The CHWs along with other city departments supported the Blue Zones’ screening of El Susto, which was held at the Fairview Cafeteria. Over 40 individuals attended the showing and were able to access additional resources and information that was made available during the event.

3. The CHWs are now busy preparing for the Healthy Eating workshops they are going to be putting on starting in April. They are going to be working on building their capacity by hosting closed workshops and once they are ready to go live with them they will be opened up to the broader audience. Trainings will be advertised to the public in mid-April.

Gonzales in the News

1. Gonzales was just selected as one of the top 20 finalists for the All-American City Award. Ten communities from across the nation will be selected as awardees in June. To compete, the city will have to put together a presentation that not only speaks to the engagement of youth in civic opportunities, but also the equitable engagement of the broader community into city practices and programs. Staff will be putting together a program for the competition in which it will highlight special aspects of Gonzales.

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City of Gonzales

FIRE DEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: April 17, 2023
FROM: Jason Muscio, Fire Chief
THROUGH: Trevin W. Barber, City Manager
SUBJECT: Fire Department Activity Report

RESPONSES
There were 66 calls for service during the month of March, and there has been 181 calls for service so far in 2023. Most of the calls for March were medical emergencies and general service calls. Our engine was requested mutual aid by Monterey County Regional Fire to assist with searching for occupants from a vehicle that was swept into the River near Chualar. Our crew was at scene approximately two hours assisting with the search and the occupants were later found safe at their residence. The Fire Chief spent several hours daily in the Fire District monitoring conditions and coordinating road closures with County Public works.

STAFFING
Current staffing is at 5 fulltime personnel. There is a vacant Lieutenant position that will be filled the first week in April by promoting one of our existing firefighters to Lieutenant. A recruitment for entry level Firefighter will begin the first week in April. We are preparing for the departure of another of our long time Lieutenants in the month of May. There are currently two active Volunteer Firefighters on the roster.

TRAINING
March training consisted of EMS updates, and rural water supply operations. Our crews conducted a joint exercise with the crew from Monterey County Regional in the use of portable tanks, pumps, and water tender shuttles. Crews were trained in updated EMS protocols and recertifications by the Medics for Life company. The Fire Chief has begun to assign incident management training to staff in an effort to establish our emergency operations center.

AGENDA
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EQUIPMENT
All apparatus remains in service without the need for significant repairs. New EMS related equipment has been ordered to keep pace with new protocols.

PREVENTION
Business and residential rental inspections continue to be performed on a regular basis. The Fire Department participated in the “EL SUSTO” event that was presented by Blue Zones and held at the high school Cafeteria. The event centered around diabetes awareness and management, the fire department gave demonstrations and checked blood glucose levels for the public.

GRANTS
The Fire Chief is working with California Consulting LLC in submitting a grant proposal to the Cal EOS Hazard mitigation Grant Program. If funded this grant will be used to purchase the necessary equipment to establish our emergency operations center.

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City of Gonzales

POLICE DEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: April 17, 2023
FROM: Keith Wise, Chief of Police
THROUGH: Trevin W. Barber, City Manager
SUBJECT: March 2023 Activity Report
Crime and Arrests
The Gonzales Police Department investigated 8 Part I Crimes (Homicide, Robbery, Theft, Burglary, Rape, Assault and Motor Vehicle Theft) during the month of March 2023. During the same time last year, there were 10 Part I Crimes investigated.

During the month of March 2023, Officers made 13 arrests. During the same time last year, there were a total of 11 arrests.

Calls for Service
The Department responded to 621 calls for service in March 2023. There were 81 crime, accident, and information reports taken during the month.

Animal Control
During the month of March 2023, the Animal Control Officer (ACO) provided the following services:

Animal
Control
Trapped/Stray Dead Injured Bite Cases Returned to
Owner
Transported
to the SPCA
Cats 0 0 0 0 0 0
Dogs 1 0 0 0 0 0
Total = 1 0 0 0 0 0
AGENDA
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Significant Cases
Although the Police Department responded to 621 calls for service during the month of February 2023, the most significant cases involved 8 Part I crimes. 0- Homicide 0 - Rape, 1 - Robbery, 3-Assault, 0-Burglary, 3 -Larcenies, and 1 -Stolen Motor Vehicle Thefts.

Training
The Department continues to conduct in-house training.

Officer Perez attended an 8-hour Intervention and De-Escalation Techniques for School Resource Officer Course on March 9, 2023, in Fremont Ca.

Captain Mendoza and I attended the annual CAL Chief training symposium in Monterey on March 12, 2023 – March 16, 2023.

Officer Rivas attended a 40-hour Gang Investigation course designed to develop the skills of the gang investigator to the higher level. This course was held at the Fresno Regional Training Facility, on March 13, 2023 – March 17, 2023.

On March 21, 2023, and March 23, 2023, Officers attended a strangulation training.

Officer Pruneda attended the 80-hour Institute of Criminal Investigation (ICI) Core Course, designed to enhance the effectiveness of the individual criminal investigators skills in performing the multidisciplined, multi-leveled tasks necessary to successfully conduct comprehensive criminal investigations.

This course was provided by The Academy South Bay Regional Public Safety Training, in Sonesta Silicon Valley, on March 20, 2023 – March 31, 2023.

Other
On March 16, 2023, Captain Mendoza and I attended a Senior Luncheon hosted at Saint Theodore, where we had the opportunity to meet local seniors.

On March 3, 2023, Officer Perez was invited to La Gloria Elementary School, where he had the privilege to read to kindergarten classes.

Corporal Cordoba, Officer Perez and CSO Zepeda attended the Gonzales High School College and Career Day on March 10, 2023 at the Gonzales High School, where Officers were able to meet students and discuss policing career choices.

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City of Gonzales

PUBLIC WORKS / CITY ENGINEER DEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: April 17, 2023
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Trevin W. Barber, City Manager
SUBJECT: Public Works Activity Report

BUILDINGS

1. Community Center Complex Project – Staff provided a progress report at the 1/17/2023 Council meeting. On 1/31/2023 the Request for Proposals was issued to the three short-listed Design/Build Teams. City and Swinerton staff have held a series of confidential meetings with the DB Teams over the last two months. Their proposals are due on 4/18/2023, the teams will be interviewed by the end of the month and an award of contract will be presented at the 5/15/2023 Council meeting.

2. Fire Station – The Fire Station was fumigated for termites in January 2023. The roof will receive a seal coat to address some leaks in three to four months when the winter rain ends.

WASTEWATER

1. Industrial Wastewater (IW) System – Construction documents for the IW Conveyance and Treatment Facility was completed in September 2022. Staff, city surveyor and real estate appraiser are finalizing the temporary and permanent easements needed for the pipeline contract. City staff is coordinating with the State Water Resources Control Board regarding the city’s State Revolving Fund loan application (most recent virtual meeting was 3/14/2023).

2. Capital Improvement Program – Psomas is updating the wastewater portion of the city’s Capital Improvement Program and they submitted a draft CIP that was revised based on staff’s review.

WATER

1. Capital Improvement Program – Schaaf & Wheeler recently submitted a draft CIP for the city water system.

AGENDA
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2. Alpine Court Water/Sewer Service – Grant agreements with the State Water Resource Control Board (SWRCB) to fund the preliminary and final design of extending water and sewer service from Gonzales River Road to Alpine Camp were approved at the 7/06/20 City Council meeting. Staff prepared a draft agreement with the property owner and the City Attorney is coordinating with staff to finalize it. All plans and reports were provided to SWRCB staff by the 11/30/2022 deadline.

3. Salinas Valley Basin Groundwater Sustainability Agency – Staff is an alternate on the SVBGSA Technical Advisory Committee (Soledad staff is the representative for South Valley cities).

ROADS

1. Fifth Street Separated Bike Lane Project – This project was presented at March 20 Council meeting and was installed on 4/5/2023 for the three month pilot project PARKS

2. Skate Park Improvements – Phase Two improvements to the skate park were funded by the 2018 Parks Bond Act. The contract with American Ramp Company was approved at the 9/19/2022 Council meeting. The contractor began installation on 1/23/2023. The project was substantially completed on 2/02/2023 and a ribbon cutting was held on 2/11/2023.

3. Meyer Park – Staff has coordinated numerous maintenance items over the last several months including fixing light fixtures, replacing uplifted sidewalks, pruning trees, and replacing the rubber mulch under the swings with wood fiber. We are working with MST on installing a bus shelter that the city and MST will split the cost for.

SOLID WASTE

1. California Department of Resources Recycling and Recovery (“Cal Recycle”) Coordination – Our annual meeting with staff from Cal Recycle, Salinas Valley Solid Waste Agency, Tri-Cities Disposal & Recycling, and the cities of Greenfield, Soledad and Gonzales was held on 8/02/2022.

2. Quarterly Tri-Cities Franchise Agreements Meetings – Staff from the Salinas Valley Solid Waste Authority, Tri-Cities Disposal & Recycling and the cities of Gonzales, Soledad, and Greenfield meet on a quarterly basis to discuss the various waste collection programs (commercial accounts, food waste, organic waste), compliance with latest state regulations, public outreach and education, customer surveys, etc.). Most recent meeting was 8/10/2022.

DEVELOPMENT PROJECTS

1. Vista Lucia Development (City’s Sphere of Influence - East of US 101) a. Psomas developed a capital program of improvements to convey sewage from the SOI to the City WWTP for treatment and provided the draft technical memo in Mid-November for staff’s review.

The Final Technical Memorandum was submitted in April 2022. b. Staff and our on-call traffic engineer have coordinated with Caltrans District 5 staff on the process for preparation of a Project Study Report/Project Development Support (PSR-PDS).

Staff will issue a Request for Proposals to engage a consultant to prepare the PSR-PDS documents.

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c. On 3/28/2022 Staff met with Monterey County PW staff and discussed the applicant’s preliminary offsite roadway design. Staff met with Monterey County staff on 10/7/2022 and discussed executing a Maintenance Agreement for the city to be responsible for maintenance of Associated Lane when it’s widened as part of the Vista Lucia Development (maintenance will be funded by an assessment district formed as part of the development).

3. Rianda Cooler Development Project (Gloria Road) – The CEQA documents are underway. Staff is coordinating with the applicant’s site civil engineer on frontage improvements along Gloria Road.

We participate in bi-weekly coordination meetings with the applicant’s consultant team.

4. In June 2022, DR Horton executed an agreement with D'Arrigo Bros to look at the feasibility of developing the 130-acre parcel in the city. A kick-off meeting with DR Horton and city staff was held on 7/07/2022 and DR Horton made a presentation at the Joint Planning Commission/City Council meeting on 8/01/2022. Staff provided a progress report at the 11/07/2022 Council Meeting.

OTHER PROJECTS

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

2. FEMA Flood Map Updates – Over the two years, FEMA and their consultants have been remapping seven watersheds in the Gabilan Mountains in the vicinity of South Salinas, Chualar, Gonzales and Soledad to update their Flood Maps. Preliminary flood insurance maps were released for public review on 10/21/2021. At the 12/06/2021 City Council Meeting, City staff made a presentation on this effort along with a letter to be sent to FEMA with our comments and questions on their mapping effort. A 90-day appeal period began on 5/12/2022 and we emailed our comment letter to FEMA staff on 7/26/2022.

PUBLIC WORKS OPERATIONS AND MAINTENANCE

WASTEWATER
Staff continue to take daily readings, inspections and testing at the wastewater treatment plant. Staff spent time sandbagging and protecting the treatment plant during March rains.

The river rising during the last big storms.

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WATER
Staff continue to monitor the wells and sampling stations around town. Staff respond to water leaks as soon as possible. Staff continue to replace meter registers on the east side of town. Staff completed water testing of all wells for the EPA. Staff tested for PFAS and other constituents such as lithium.

Staff repairing a meter.

STORM WATER
Staff spent considerable time on stormwater to ensure there was no flooding. Staff found a storm drain that was sealed due to the resident washing stucco into the storm drain. Staff were able to remove most of it and get the drain running again.

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Staff removing stucco from a storm drain.

PARKS
Staff continue to maintain and mow Central Park when there are breaks from the rain. Staff have had to remove or cut down several trees around town and in the parks due to hazards from the rain.

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Staff cutting tree in Central Park that is leaning and could fall across the road.

CANYON CREEK & MEYER PARKS
Staff cleaned up Canyon Creek Park from the flooding in January, and it rained again. When there is a break from the rain, we will clean it up again.

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GOVERNMENT BUILDING
Staff continue to clean the Council Chambers, Vosti Center and public restrooms daily. Staff are working with LabCorp (Old Medical Building tenant) to have the interior painted.

STREETS
Staff continue Traffic Control at the Fifth Street Bridge on school day mornings (weather permitting).

TRAINING
Staff participated in underground line tracing and marking training in Soledad. Staff will participate in ergonomic training to meet OSHA compliance in April.

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City of Gonzales

PARKS & RECREATIONDEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: April 17, 2023
FROM: Carmen Gil, Community Engagement & Strat. Partnerships Dir.

THROUGH: Trevin W. Barber, City Manager
SUBJECT: Recreation Activity Report
Current Activities

1. In the month of March Kid Power had 41 students enrolled. Overall, it was a busy month as we had a week of half day due to the kids having parent teacher conferences.

2. Some of the activities the Kid power Team worked on included having the kids put their creativity to action by creating their own games to play indoors because of the rainy weather we were having. When they were able to go outside, they had some play time at the park which included relay races and tug-of-war.

3. We also did some fun St. Patrick's Day arts and crafts and made a snack that's called “mud pudding” which is just some Oreo cookies, crumpled up and add some chocolate pudding and a few gummy worms. The kids had a blast making it. The rain made March a bit challenging, but we made it work with all the creative opportunities.

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4. We are wrapping up our Youth Basketball League. This season was the highest it has been in the last few years. We had a total of 180 participants. Our league had five divisions. Divisions were PreK-TK, Kinder-1
st, 2nd
-3
rd 4th
-5
th and all boys team grades 6th
-8
th. We had 4 teams in each
division from PreK to 5th. We had one all boys team for the 6th-8 th grade division. 15 Head
coaches, 9 assistant coaches and 5 referees. Our 4th-5
th grade division was the most popular this
year with 4 teams of 13. Our PreK-TK also had a larger turnout then we’ve had in years. We had 4 teams compared to only 2 teams in the past. Our all-boys team competed against Soledad this year. It was a lot of fun. Our Gonzales boys got second place.

5. This season for Youth Basketball we had an end of season coaches and referee friendly game of basketball. It was a big hit. We had 20 participants that played in the game. It was a lot of fun.

We will do it again next season.

6. Adult Open Gym will continue from March to May. We offer basketball and volleyball. Our participation number run from 15-30 participants each night.

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7. Our South County Girls Softball League has begun. This season we were able to get enough girls to have one team in two divisions. We have the 8U ages 5-7 and the 10U ages 8-10. Each team has fifteen girls. Between the two teams we have a total of eight coaches. The season officially started on March 25th with the team’s first home games. It was also our Open Ceremonies night as well. We all had a great night. We had an announcer who announced the teams and the girls for the ceremonies as well as throughout the game. In between innings he played music. It was definitely one evening we will all remember.

8. Mini T ball is also up and running. The first games were Saturday, March 25th. This season we have a total of 41 kids participating. We have 5 teams of 7 players and one team with 6 players.

We have six coaches, four assistant coaches and one team parent.

Activities in the Planning Phase

1. Kids Spring Camp is being held April 10
th
-14th for Grades TK-5
th Grade. Registrations opened
earlier this month and were full within the first week. Spring Camp allows kids to participate in craft making, outdoor games STEM activities and much more!

2. The Recreation Department is planning to start advertising for the Summer Aquatics team in April with hopes to begin interviews and recruitment by the end of the month.

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City of Gonzales

CITY MANAGER DEPARTMENT

STAFF REPORT
TO:

DATE:

FROM:

Honorable Mayor Rios and City Council
April 17, 2023
Trevin W. Barber, City Manager
SUBJECT: Award Contract to California Consulting to Provide Grant Writing Services for Various Grants, on an As-Needed Basis. (Cost: Per Grant and Not-To-Exceed Basis of $100,000)

RECOMMENDATION
Authorize the City Manager to enter into an agreement with California Consulting, LLC.

BACKGROUND
The City has historically relied on more common grant finding and grant writing activities to seek appropriate grant funding for its projects/activities, with each department researching and/or learning about grants that are available through their own operational and association contacts.

In January of 2023, the City posted a request for a proposal (Proposal) for grant writing services, which included a scope of work for a needs assessment, access to a regularly updated database of grant opportunities, and assistance in writing grants when the City requested. Staff closed the Proposal on February 10, 2023, and a committee was formed to begin ranking the proposals. In February, staff shortlisted the top three vendors, California Consulting, BKF Engineers, and Siegfried. After extensive reference checks, California Consulting was selected as the recommended vendor of choice with the highest total score.

California Consulting was highlighted as a firm specializing in grant related government affairs in California. The firm practices a full-service approach to working with its clients, starting with a needs assessment, and then bringing grant opportunities to the City for review. When potentially helpful, they arrange for their clients to meet directly with grantors, to both establish relations between the City and the grantors, and to help identify which grant programs are best suited to their client's needs. The firm provides grant writing and submission services (assisted by City Staff), and when grants are awarded, AGENDA
ITEM
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they assist in administering the grant and post-grant administration work. Consultant fees are covered by grant awards in as many instances as possible.

California Consulting has a proven record of successful grant applications. Over a five-year period, California Consulting secured $37,951,412 for the City of Baldwin Park. With consulting fees of $255,000 the total return on investment for the City of Baldwin Park was 14,782.91%. Please consider the attached .pdf that details the total award amounts.

Taking an active role through the entire process is intended to not only find, win, and properly administer grants, but to also ensure the client develops a good working relationship with the grantor, and that the grantor is encouraged to consider the City for future grants.

ANALYSIS
The proposed contract calls for a flat fee per grant and hourly for additional work, plus reimbursement for expenses (postage, copies, etc...) with a total not to exceed $100,000. Staff has participated in a needs assessment process with California Consulting, which informed the initial set of grants to be pursued in the agreement’s scope of work attached. With a total award anticipated for $18,350,000 the expected rate of return 18,250%. The scope of work is not an exhaustive list of grants to be pursued. The agreement provides room to engage the consultant to propose more grants on a fee per grant basis. The initial grants and expected award amounts are as follows:

GRANT AWARD GOAL
FEMA: SAFER for Firefighters Grant Program; FP&S; AFG $1,100,000 OTS Grant Programs $50,000
Caltrans: Reconnecting Communities; SS4A program; Multimodal Project Discretionary Grant; Clean California Local Grant Program $2,000,000
OGALS Recreational Trails Grant Program $500,000
Urban Greening Program $100,000
Land and Water Conservation Fund $100,000
EDA EAA programs $3,000,000
Affordable Housing and Sustainable Communities Program $1,000,000 Prop 68 grant program $500,000
COPS Grants; OJP $50,000
Community Resilience Centers Program $10,000,000
TOTAL: $18,350,000
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: Seeking professional assistance in writing grants will increase funding for strategic priorities and help the City achieve its vision.

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

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Explain: Please see Vision above.

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

Explain: Please see Vision above.

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

ALTERNATIVES

1. The City Council may, in its discretion, reject any proposals presented and then direct staff to:
a. abandon the work effort for grant writing support, or b. direct staff to re-advertise for proposals.

BUDGET IMPACT
The proposed contract calls for a flat fee per grant and hourly for additional work, plus reimbursement for expenses (postage, copies, etc...) with a total not to exceed $100,000.00 a year.

Attachments:

1. RFP Grant Writing Services

2. Agreement - California Consulting

3. By The Numbers - Ca Consulting
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Attachment: RFP Grant Writing Services (2682 : California Consulting Contract) Consulting Services Agreement between [EFFECTIVE DATE]
City of Gonzales and California Consulting, Inc. Page 1 of 14 1168316

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF GONZALES AND
CALIFORNIA CONSULTING, INC.

THIS AGREEMENT for consulting services is made by and between the City of Gonzales (“City”) and California Consulting, Inc. (“Consultant”) (together referred to as the “Parties”) as of date fully executed (the “Effective Date”).

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

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2024 , the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8.

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

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

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

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $100,000.00 notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

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Attachment: Agreement - California Consulting (2682 : California Consulting Contract) Consulting Services Agreement between [EFFECTIVE DATE]
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Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

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

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

2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

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 Packet Pg. 62
Attachment: Agreement - California Consulting (2682 : California Consulting Contract) Consulting Services Agreement between [EFFECTIVE DATE]
City of Gonzales and California Consulting, Inc. Page 3 of 14 1168316
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 attached hereto as Exhibit B.

2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed $5,000.00. Expenses not listed below are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

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. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

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, Packet Pg. 63
Attachment: Agreement - California Consulting (2682 : California Consulting Contract) Consulting Services Agreement between [EFFECTIVE DATE]
City of Gonzales and California Consulting, Inc. Page 4 of 14 1168316
representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City.

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

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000.00 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 $1,000,000.00 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 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.

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4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.
c. For any claims related to this Agreement or the work hereunder, the Consultant's insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
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 $1,000,000.00 covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage Packet Pg. 65
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for a minimum of five years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.

4.4 All Policies Requirements.

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

4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

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

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

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

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

4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each Packet Pg. 66
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subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

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

Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES.

Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with Consultant's performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.

The Consultant's obligation to defend and indemnify shall not be excused because of the Consultant's inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.

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

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

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In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Section 6. STATUS OF CONSULTANT.

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

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

Section 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

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

7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its Packet Pg. 68
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employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

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

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

Section 8. TERMINATION AND MODIFICATION.

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

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

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

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 parties.

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

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

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

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

8.6.1 Immediately terminate the Agreement;

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

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

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.

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

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

Section 10 MISCELLANEOUS PROVISIONS.

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

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

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

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.

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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 Trevin Barber ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

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

California Consulting, Inc.
214 Main Street, Suite 102
El Segundo, CA 90245.

Any written notice to City shall be sent to:

City Clerk
City of Gonzales
P.O. Box 647
147 4th Street
Gonzales, CA 93926.

10.11 N/A

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 Packet Pg. 72
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between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A Scope of Services
Exhibit B Payment Schedule

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. [SIGNATURES ON FOLLOWING PAGE]
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The Parties have executed this Agreement as of the Effective Date.

CITY OF GONZALES CONSULTANT
Trevin Barber, City Manager Steven N. Samuelian, CEO
Attest:

Mary Villegas, Deputy City Clerk
Approved as to Form:

Michael F. Rodriquez, City Attorney
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EXHIBIT A

SCOPE OF SERVICES
FEMA: SAFER for Firefighters Grant Program: The Fire Prevention and Safety (FP&S) Grants are part of the Assistance to Firefighters Grants (AFG) and support projects that enhance the safety of the public and firefighters from fire and related hazards. The primary goal is to reduce injury and prevent death among high-risk populations. Amount: Up to $1.1 million. Clay will send over Jamie’s list of fire grants. Deadline: March 17, 2023 and is expected to be due around the same time in 2024. Link: https://www.fema.gov/grants/preparedness/firefighters/safer ● California Office of Traffic Safety
URL: https://www.ots.ca.gov/Grants/
Summary: The application should relate to one of the priority program areas listed below and be supported by local crash data that demonstrates a need for funding: 1. Roadway Safety and Traffic Records

2. Pedestrian and Bicycle Safety

3. Emergency Medical Services

4. Police Traffic Services

5. Occupant Protection

6. Alcohol/Drug-Impaired/Distracted Driving

7. Motorcycle Safety

8. Public Relations, Advertising & Marketing Program
Deadline: January 31, 2023 and it is expected to be due around the same time in 2024.
● AFG Assistance to Firefighters Grant:The primary goal of the Assistance to Firefighters Grant (AFG) is to meet the firefighting and emergency response needs of fire departments and non-affiliated emergency medical service organizations. Since 2001, AFG has helped firefighters and other first responders obtain critically needed equipment, protective gear, emergency vehicles, training and other resources necessary for protecting the public and emergency personnel from fire and related hazards. Deadline: Feb. 10, 2023 and it is expected to be due around the same time in 2024. Link: Assistance to Firefighters Grants Program | FEMA.govFederal Emergency Management Agency (.gov)https://www.fema.gov › grants › preparedness › firefi… WATER:

SRF industrial wastewater problem. Currently in the SRF process. ● Caltrans: Reconnecting Communities – Highway to Boulevard Pilot Program:

Caltrans' Reconnecting Communities Program centers on equitable community Packet Pg. 75
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engagement and relationship building to facilitate a way for affected communities to express how they are burdened by highway facilities, identify their need for reconnection and improved access, and develop transformational strategies and connectivity solutions.

Funding is intended to assist with the conversion of key underutilized highways in the state into multimodal corridors to reconnect communities divided by transportation infrastructure. These legacy impacts will be addressed through community-based transportation planning, design, demolition, and/or reconstruction of city streets, parks, or other infrastructure. Amount: $149M for the entire program. Deadline: Tentatively opens January 2023; Estimated Deadline: April 2023. Link:
https://dot.ca.gov/programs/local-assistance/fed-and-state-programs/rc-h2b ● The SS4A program- Funds regional, local, and Tribal initiatives through grants to prevent roadway deaths and serious injuries. The SS4A program supports Secretary of Transportation Pete Buttigieg’s National Roadway Safety Strategy and the Department’s goal of zero deaths and serious injuries on our nation’s roadways. Want to build a $35 million community center/library/teen center. City has $20 million in hand.
● The Multimodal Project Discretionary Grant: Common application (MPDG) provides Federal financial assistance to highway and bridge, intercity passenger rail, railway-highway grade and separation, wildlife crossing, public transportation, marine highway, and freight and multimodal projects, or groups of such projects, of national or regional significance, as well as to projects to improve and expand the surface transportation infrastructure in rural areas.Deadline: May 2023. Link:
https://infrastructurereportcard.org/timeline-post/multimodal-project-discretionarygrants -nofo/ ● Clean California Local Grant Program: Caltrans Clean California - Approximately $300 million in funds will support projects to beautify and improve local streets and roads, tribal lands, parks, pathways, and transit centers to clean and enhance public spaces. Deadline: April 28, 2023. Link:
https://cleancalifornia.dot.ca.gov/local-grants
● RTP Recreational Trails Grant Program- The Recreational Trails Program (RTP) administered by the Office of Grants and Local Services (OGALS) provides funds annually to develop non-motorized recreational trails and trailsrelated facilities. Deadline: June 15 and has a 12% match. Link: Recreational Trails Program (RTP) Non-MotorizedCA.govhttps://www.parks.ca.gov › ... ● The Urban Greening Program: Funded by the General Fund, is a grant program Packet Pg. 76
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designed to promote a comprehensive, long-term approach to addressing climate change to improve the environment. Specifically, the program funds urban greening and urban forestry projects that reduce GHG emissions and provide multiple additional benefits. Deadline: Spring 2023. Link:
https://resources.ca.gov/grants/urban-greening/
● California Department of Parks and Recreation: Land and Water Conservation Fund (LWCF): Project must be acquisition or development, combination projects are not eligible. Development of recreation features must be for outdoor recreation, not indoor recreation. See list of recreation features in application guide. Deadline: June 1, 2023. Link: https://www.parks.ca.gov/?page_id=30240
● Economic Development Administration (EDA): EDA solicits applications from applicants in rural and urban areas to provide investments that support construction, non-construction, technical assistance, and revolving loan fund projects under EDA’s Public Works and EAA programs. Grants and cooperative agreements made under these programs are designed to leverage existing regional assets and support the implementation of economic development strategies that advance new ideas and creative approaches to advance economic prosperity in distressed communities. EDA provides strategic investments on a competitive- merit-basis to support economic development, foster job creation, and attract private investment in economically distressed areas of the United States. Amount: $100,000 to $3 million. Rolling basis, no deadline. Steve will schedule a zoom meeting with Melinda. Job creation project to pay for infrastructure. Open now. Max of $3 million. City sending us "white paper" briefing and then Cal. Consulting to schedule a zoom with Malinda to discuss the project. Link:
https://www.grants.gov/web/grants/view-opportunity.html?oppId=321695 ● Affordable Housing and Sustainable Communities Program (AHSC):

Funds land-use, housing, transportation, and land preservation projects to support infill and compact development that reduce greenhouse gas emissions. The maximum AHSC Program loan or grant award or combination thereof is $30 million with a minimum award of at least $1 million in all Project Area types.Due date is April 4,2023 by 4:00PM Link:
https://www.hcd.ca.gov/affordable-housing-and-sustainablecommunities Email David on housing grants that promote general plan
updates.Building Forward Library Grant? USDA rural development community facilities grant? David- community resiliency center grant to be released TBD send to Taven at the City. City has an affordable housing project anticipated entitlement mid-2023 and CEQA completed mid-2024.

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● Prop 68 grant program: The principal goal of the Conservancy's Prop 68 grant program is to support purposes set forth in the Conservancy's governing statutes and strategic plan, including stewarding Conservancy lands and protecting Basin communities from wildfire; restoring the resilience of Basin forests and watersheds; providing public access and outdoor recreation for all communities; and fostering Basinwide climate adaptation and sustainable communities. Deadline: Rolling. City needs: rehab of fields and restrooms at parks.Rehab of a swimming pool.Need $ for General Plan Update and Housing Element Update. Link :
https://www.grants.ca.gov/grants/proposition-68-grant-program/ ● COPS Hiring Program (CHP): Competitive grant program designed to provide funding directly to law enforcement agencies to hire and/or rehire additional career law enforcement officers in an effort to increase their community policing capacity and crime prevention efforts. Anticipated outcomes of the CHP program awards include engagement in planned community partnerships, implementation of projects to analyze and assess problems, implementation of changes to personnel and agency management in support of community policing, and increased capacity of agency to engage in community policing activities. Deadline: May 11, 2023
Link: https://cops.usdoj.gov/chp
● COPS Technology and Equipment Program: Funding under this program is provided for Congressionally directed spending projects designed to develop and acquire effective equipment, technologies, and interoperable communications that assist in responding to and preventing crime. Due: late spring 2023 Link:
https://cops.usdoj.gov/tep-award
● California Strategic Growth Council: Community Resilience Centers Program Deadline: TBD - Release is scheduled for late Spring 2023 Amount: Implementation grants: $5M - $10M; Planning grants: $200,000 to $500,000 Match: Not stated in draft guidelines
Eligibility: Cities, counties, special districts, JPAs, COGs, nonprofits, tribes, CBOs, community development finance institutions or community development corporations, emergency management, response, preparedness and recovery service providers and organizations. All communities are eligible to apply. SGC Staff will prioritize projects located in under-resourced communities.SGC’s CRC program will fund new construction and upgrades of neighborhood-level resilience centers to provide shelter and resources during climate and other emergencies, such as extreme heat events and poor air quality days. The program will also fund ongoing year-round community services and programs, such as food distribution and workforce development training, that build overall community resilience. SGC will prioritize community-serving locations across the state, such as schools, libraries, community centers, health clinics, and places of worship. SGC’s CRC program will fund both planning and implementation activities.There is a pre-proposal phase, which includes a 5-page concept paper. Those invited will submit full applications. Link:https://sgc.ca.gov/programs/communityresilience-centers/ Packet Pg. 78
Attachment: Agreement - California Consulting (2682 : California Consulting Contract) Consulting Services Agreement between [EFFECTIVE DATE]
City of Gonzales and California Consulting, Inc. Page 5 of 5 1168316
● Department of Justice: BJA FY 23 Body-worn Camera Policy and Implementation Program to Support Law Enforcement Agencies Deadline: April 4, 2023
Amount: Up to $2M
Match: Yes - Amount depends on category selected. Generally 50% Eligibility: States, cities, counties, IHEs, school districts, public housing authorities, tribal governments. Local law enforcement agencies
Summary: OJP is committed to advancing work that promotes civil rights and racial equity, increases access to justice, supports crime victims and individuals impacted by the justice system, strengthens community safety and protects the public from crime and evolving threats, and builds trust between law
enforcement and the community.

Link: https://bja.ojp.gov/funding/opportunities/o-bja-2023-171562 ● Hazard Mitigation Plan : The HMGP 2021 funding opportunity provides support for communities to implement mitigation activities to reduce risk to life and property from natural hazards. In California, natural hazards include wildfire, earthquake, drought, extreme weather, flooding, and other impacts of climate change. HMGP funding can also support the development of Local Hazard Mitigation Plans (LHMP) and project scoping activities. For eligible socially vulnerable and high hazard risk communities, the PrepareCA Initiative provides additional support for capacity building and to cover the local cost share for eligible mitigation activities. Due Date: May 10, 2023.

Link: Hazard Mitigation Assistance Grants | FEMA.govhttps://www.fema.gov › grants › mitigation
● David recommends HCD REAP; it will be available later this spring/summer through MPO allocation. That is what is on HCD’s calendar for the remainder of this year. There may be an MPO allocation for Sustainable Transportation. This will only address the circulation element of the general plan.

Packet Pg. 79
Attachment: Agreement - California Consulting (2682 : California Consulting Contract) Consulting Services Agreement between [EFFECTIVE DATE]
City of Gonzales and California Consulting, Inc. Page 1 of 1 1168316

EXHIBIT B

COMPENSATION SCHEDULE
Client shall pay Consultant on a per grant basis and hourly rate not to exceed $100,000.00 as compensation for Consultant’s grant writing services as described in Section 1. Consultant shall provide Client with a written invoice monthly. Client agrees to pay invoice within 30 days of receipt.

The following is a breakdown of cost Per Grant:

Grant Amount Request Cost
Up to $10,000 $1,500
$10,001 - $50,000 $4,000
$50,001 - $100,000 $5,500
$100,001 - $250,000 $7,500
Over $250,000 $9,000 - $12,000
Cost will be determined based on complexity of grant preparation for all grants exceeding $250,000. Consultant will provide Client with cost prior to commencing work on grant selected by Client. If Client decides to withdraw the application or cease work on the application prior to submission and after work has begun, Client agrees to pay Consultant for work completed at an hourly rate of $150.00, not to exceed the total amount of the per grant rate. Consultant will provide Client with breakdown of time spent along with invoice.

Packet Pg. 80
Attachment: Agreement - California Consulting (2682 : California Consulting Contract) and
City of Baldwin Park
By the Numbers
Total Grant Awards $37,951,412
Total Paid to CC $255,000
Return on Investment 14,783%
Total Earned for the City $37,696,412
Number of Contract Years 5 years
Grant Awards
Measure W-Safe Clean Water Program Regional $14,700,000 Edward Byrne Local Allocation Grant $19,873
Permanent Local Housing and Allocation Formula Grant (2nd) $2,440,890 Housing Community Development $300,000
Homelessness Pilot Program $200,000
Prop 1 Stormwater Grant Program $12,500,000
Permanent Local Housing Allocation Program (PLHA) $199,051 Community Benefit Grant Program $25,000
Local Road Safety Program Grant $82,000
Measure A Competitive Grant Program $1,300,000
Edwards Byrne Justice Assistance Grant $21,971
Caltrans Local Roadway Safety Plan (LRSP) $82,000
CA VW Mitigation Trust Fund $175,264
State Housing and Community Development - SB2 Planning Grant $360,000 LA Co. Open Space District, Maintenance, Operations and Excess Funds (MS&E) Grant $20,624 LA Co. Open Space District, Maintenance, Operations and Excess Funds (MS&E) Grant $8,832 L.A. County and San Gabriel Valley Housing Trust Fund $457,000 San Gabriel Valley COG - Housing Trust Fund application $412,800 Prop. 68 - Statewide Park Development and Community Revitalization Program (SPP) $2,552,998 Home for Good 2017-2018 City Implementation Grant $170,000 Home for Good 2017-2018 City Implementation Grant Phase II $376,420 Home for Good 2017-2018 City Implementation Grant Phase II $285,600 Sustainable Communities Program $150,000
Selective Traffic Enforcement Program (OTS) $75,000
Home for Good 2017-2018 $169,200
Packet Pg. 81
Attachment: By The Numbers - Ca Consulting (2682 : California Consulting Contract) Home for Good 2017
-2018 $198,000
MSRC Local Government Allocation Grant $49,030
Home for Good 2017-2018 City Planning Grant $50,000
HCD Housing Related Parks Program $81,324
OTS Selective Traffic Enforcement Program $70,000
National League of Cities CHAMPS Program $25,000
OTS Pedestrian/Bicycle Safety Grant $40,000
Caltrans Systemic Safety Analysis Report $134,860
USDOJ Edward Bryne Justice Assistance $18,675
LA County Competitive Tree Planting Grant $200,000
Packet Pg. 82
Attachment: By The Numbers - Ca Consulting (2682 : California Consulting Contract) City of Gonzales

COMMUNITY ENGAGEMENT & STRATEGIC

PARTNERSHIPS

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: April 17, 2023
FROM: Carmen Gil, Community Engagement & Strat. Partnerships Dir.

THROUGH: Trevin W. Barber, City Manager
SUBJECT: Co-Sponsorship of the 2023 Special Events

RECOMMENDATION
Staff recommends the City Council approve the co-sponsorship of the following 2023 Special Events organized by various local community groups. If desired, the City Council shall approve the finding of public benefit for the following three events:

1. Día del Niño, sponsored by Grupo Unidos on or about April 30th at Central Park

2. Cinco de Mayo Celebration, sponsored by the LUDA on or about May 5th at Central Park

3. Fourth of July Celebration, sponsored by the Gonzales Rotary, on or about July 4th at Central Park

BACKGROUND
The City of Gonzales has a long tradition of safe and family-friendly community events on public property. The City’s vision calls for collaboration to support the provision of services and activities for the public in a cost-effective manner. Through collaboration like co-sponsorships financial burdens are taken off these groups allowing them to put on the events.

REVIEW AND ANALYSIS
The events recommended for co-sponsorship have provided entertainment for Gonzales residents for years without significant incidents. For the most part, they have been safe and support Gonzales’ diverse community in a family-friendly environment. Without the groups taking on the tasks of organizing the event, we would be missing out on these staple events that work to bring the community together.

AGENDA
ITEM
14 Packet Pg. 83
Providing public liability coverage makes the events more cost-effective for the groups working to put them on with limited resources.

Staff believes that this type of collaboration helps Gonzales, without the group’s support and work on the various events we would not be able to put them on ourselves and thus be missing out on important community-unifying opportunities. Being able to host these opportunities within the city brings forth a public benefit that justifies the city taking on the liability coverage for them as the public benefit ends up being equal to or exceeds the cost borne by the city.

Día del Niño has been sponsored by Grupo Unidos for several years with the emphasis on children. Cinco de Mayo is an important celebration for our residents with ties to Mexico. This event is primarily a Mexican culturally based event but is enjoyed by residents of all cultures. The Gonzales Rotary is the sponsor of the Gonzales Fourth of July Celebration. The Fourth of July celebrates the United States Independence and is enjoyed by everyone in Gonzales.

City co-sponsorship of these events means the events may occur on public property without separate liability insurance, other than what is required for alcohol use when applicable.

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: These public events organized by community volunteers working collaboratively with city government help the city retain its small-town charm.

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

Explain: This co-sponsorship demonstrates collaborative leadership in providing services for Gonzales residents to retain and enhance the current high quality of life in Gonzales.

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: The public benefit of these events outweighs the cost of insurance coverage. If we do not support these events the quality of life in Gonzales can be negatively impacted.

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

ALTERNATIVES
Packet Pg. 84
Option 1: The City Council could require each organization to provide their own insurance which will significantly increase the cost per event. This would lessen their desire and ability to organize the public event as the events may no longer be cost-effective for the organizations. Staff does not recommend this option since previous events have been safe and well organized.

Option 2: The City Council could determine that these events or any single event should not be held on public property. Staff does not recommend this option as there is great public benefit from these safe and family-friendly events based on previous history.

BUDGET IMPACT
There is no impact from this co-sponsorship if all of the events are as safe as previous ones.

CONCLUSION
Staff recommends that the City Council approve the co-Sponsorship of the 2023 Special Events organized by various local groups. The City Council needs to approve the finding of public benefit of the events contained in this staff report.

Packet Pg. 85
City of Gonzales

PUBLIC WORKS / CITY ENGINEER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: April 17, 2023
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Trevin W. Barber, City Manager
SUBJECT: Resolution No. 2023-14 Loan for US Department of Agriculture

RECOMMENDATION
It is recommended that the City Council Adopt Resolution 2023-14, A Resolution of the City Council of the City of Gonzales authorizing staff to submit a Formal Loan Application to the US Department of Agriculture for partial funding of the First Phase of the Community Center Project.

BACKGROUND
Design & construction of the Community Center Complex will be funded by a variety of sources including the following:
• Measure X (local sales tax) expected to provide $7,500,000 of project funding. • $5.0 M State grant for the Teen Innovation Center secured by State Senator Anna Caballero • Community Development Block Grant (CDBG FY 2022/23 and FY 2023/24) • County contribution to relocate existing library from the Gonzales Shopping Center • Two grants (Electric Vehicle Charging Station Grant from the California Energy Commission and Building Forward Library Infrastructure Grant Program)
• Capital Campaign with a $10.0M goal with current contributions totaling $5.8M Earlier this year, the City project team submitted a preapplication with the US Department of Agriculture (USDA) for a loan that would be secured by long term City revenue sources. This financing will provide for construction of the first phase of the Community Center Project. The USDA loan program is available to rural communities and offers a low interest rate as well as a long repayment period, both of which are advantageous for the city. The current interest rate is 3.75% with up to a 38-year term.

AGENDA
ITEM
15 Packet Pg. 86

REVIEW AND ANALYSIS
On March 15, 2023, USDA staff emailed the attached letter stating the city’s preapplication was accepted and the city was invited to submit a formal application for the $8.0M loan. The letter outlines the various documents and forms the city needs to provide for USDA staff to consider our application complete.

The city project team and USDA staff held a kick-off meeting March 21 to step through the items needed for the formal application. A follow-up meeting was held on April 5.

The formal application requires a “public meeting” be held to inform residents of the proposed project and accept comments on items such as the economic and environmental impacts, service area, project alternatives, or other issues. As the Council is aware, over the last two years staff provided updates on the Community Center Project at the following Council Meetings:
• January 17, 2023
• September 19, 2022
• August 1, 2022
• February 22, 2022
• January 18, 2022
• December 6, 2021
• November 15, 2021
• September 7, 2021
• July 6, 2021
• March 1, 2021
A Public Notice of this evening’s meeting was published in the April 5, 2023 edition of the Salinas Valley Tribune and public notices were posted at the kiosks at City Hall and the City Council chambers.

CEQA COMPLIANCE
The proposed project was deemed “exempt” from CEQA pursuant to CEQA Guidelines Section 15332 as the project constitutes “in-fill development” under the conditions described as follows:
• The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. • The proposed development occurs within city limits on a site of no more than five acres substantially surrounded by urban uses.
• The site has no value as habitat for endangered, rare, or threatened species. • Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
• The site can be adequately served by all required utilities and public services.

A Notice of Exemption was filed with the County Clerk on April 1, 2022. The project was also determined to have a Categorical Exclusion under NEPA.

Staff recommends that the City Council authorizes the project team to execute the attached forms and submit a Formal Loan Application to the US Department of Agriculture for partial funding of the First Phase of the Community Center Project.

Packet Pg. 87
How Recommendation Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.

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

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

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

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes __X_ No ___ N/A
• Housing Yes __X No ___ N/A
• Recreation X Yes ____ No ___ N/A
• Environment X Yes ____ No ___ N/A
• Education X Yes ____ No ___ N/A

ALTERNATIVES
The city could seek other financing options for the $8.0M needed to advance the Community Center Complex Project but staff recommends pursuing the USDA loan due to the low interest rate and long repayment term.

BUDGET IMPACT
There is no budget impact to this evening’s presentation.

CONCLUSION
It is recommended that the City Council Adopt Resolution 2023-14, A Resolution of the City Council of the City of Gonzales authorizing staff to submit a Formal Loan Application to the US Department of Agriculture for partial funding of the First Phase of the Community Center Project.

Attachments:

1. Resolution No. 2023-14

2. USDA March 15, 2023, letter approving Loan Preapplication

3. USDA March 22, 2023, letter with the Formal Application Checklist Packet Pg. 88

4. Equal Opportunity Agreement (Form RD 400-1)

5. Assurance Agreement (Form RD 400-4)

6. Certificate for Contracts, Grants, and Loans (Form 1940-Q, Exhibit A-1)

7. Applicant Certification of Federal Collection Policies (Form RD 1910-11) Packet Pg. 89
RESOLUTION NO. 2023-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

AUTHORIZING STAFF TO SUBMIT A FORMAL LOAN APPLICATION TO

THE US DEPARTMENT OF AGRICULTURE FOR PARTIAL FUNDING OF

THE FIRST PHASE OF THE COMMUNITY CENTER PROJECT
WHEREAS, The Community Center Complex base project will be comprised of a Community Center, a Monterey County Branch Library, a Teen Innovation Center, Onsite parking, landscaping, and areas for outdoor activities; and WHEREAS, At the September 19, 2022 Council meeting, staff provide a progress report on delivery of the project, discussed applying for a US Department of Agriculture (USDA) loan secured by long term City revenue sources and recommended a phased approach for constructing the project due to funding commitments for the Teen Innovation Center and the Library; and
WHEREAS, On March 15, 2023, USDA staff issued a letter stating the city’s preapplication was accepted and the city was invited to submit a formal application for a loan; and
WHEREAS, USDA’s formal application requires that a public meeting be held to inform Gonzales residents of the proposed project and accept comments on items such as economic and environmental impacts, service area, project alternatives, or other issues; and WHEREAS, Public Notice of this evening’s meeting was published in the April 5, 2023 edition of the Salinas Valley Tribune and public notices were posted at the kiosks at City Hall and the City Council Chambers.

WHEREAS, This Meeting constitutes the most recent public meeting to inform Gonzales residents of the project and accept comments on items such as the economic and environmental impacts, service area, project alternatives, or other issues; and WHEREAS, Staff recommends that the City Council authorize the City Manager to submit a Formal Loan Application including executing all related forms to the USDA for Phase 1 of the Community Center Project; and
NOW THEREFORE BE IT HEREBY RESOLVED, the City Council of the City of Gonzales hereby authorizes staff to submit a Formal Loan Application to the USDA for partial funding of the First Phase of the Community Center Project.

PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting duly held on the 17th day of April, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

Packet Pg. 90
Attachment: Resolution No. 2023-14 (2683 : Resolution No. 2023-14 Loan for US Department of Agriculture) ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Jose L. Rios, The Honorable Mayor
ATTEST:

Trevin W. Barber, City Clerk
Packet Pg. 91
Attachment: Resolution No. 2023-14 (2683 : Resolution No. 2023-14 Loan for US Department of Agriculture) Packet Pg. 92
Attachment: USDA March 15, 2023, letter approving Loan Preapplication (2683 : Resolution No. 2023-14 Loan for US Department of Agriculture) Packet Pg. 93
Attachment: USDA March 22, 2023, letter with the Formal Application Checklist (2683 : Resolution No. 2023-14 Loan for US Department of Packet Pg. 94
Attachment: USDA March 22, 2023, letter with the Formal Application Checklist (2683 : Resolution No. 2023-14 Loan for US Department of Packet Pg. 95
Attachment: USDA March 22, 2023, letter with the Formal Application Checklist (2683 : Resolution No. 2023-14 Loan for US Department of Packet Pg. 96
Attachment: Equal Opportunity Agreement (Form RD 400-1) (2683 : Resolution No. 2023-14 Loan for US Department of Agriculture) Packet Pg. 97
Attachment: Equal Opportunity Agreement (Form RD 400-1) (2683 : Resolution No. 2023-14 Loan for US Department of Agriculture) Packet Pg. 98
Attachment: Assurance Agreement (Form RD 400-4) (2683 : Resolution No. 2023-14 Loan for US Department of Agriculture) Packet Pg. 99
Attachment: Assurance Agreement (Form RD 400-4) (2683 : Resolution No. 2023-14 Loan for US Department of Agriculture) Packet Pg. 100 Attachment: Assurance Agreement (Form RD 400-4) (2683 : Resolution No. 2023-14 Loan for US Department of Agriculture) Packet Pg. 101 Attachment: Certificate for Contracts, Grants, and Loans (Form 1940-Q, Exhibit A-1) (2683 : Resolution No. 2023-14 Loan for US Department of Packet Pg. 102 Attachment: Applicant Certification of Federal Collection Policies (Form RD 1910-11) (2683 : Resolution No. 2023-14 Loan for US Department of City of Gonzales

COMMUNITY DEVELOPMENT DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: April 17, 2023
FROM: Taven Kinison Brown, Community Development Director THROUGH: Trevin W. Barber, City Manager
SUBJECT: Ordinance No. 2023-136 Adding New Chapter 12.150 - Agricultural Resource Mitigation to Title 12 – Zoning Regulations, Part 5, Regulations Applying in All Districts

RECOMMENDATION
It is recommended that the City Council:
• Adopt Ordinance No. 2023-136, An Ordinance of the City Council of the City of Gonzales adding new Chapter 12.150 – Agricultural Resource Mitigation to Title 12 – Zoning Regulations, Part 5, Regulations Applying in All Districts (Attachment 1).

BACKGROUND
On April 3, 2023, the City Council of the City of Gonzales, • Received the staff report;
• Opened the public hearing to receive and consider public comments; • Closed the public hearing and;
• Introduced, waived the reading of, and read by title only, Ordinance No. 2023-136, An Ordinance of the City Council of the City of Gonzales adding new Chapter 12.150 – Agricultural Resource Mitigation to Title 12 – Zoning Regulations, Part 5, Regulations Applying in All Districts (Attachment 3 to the April 3, 2023, Staff Report).

Please see the April 3, 2023, staff report to the City Council for a description, history, and detail of the Draft Ordinance. Also please review the minutes of the April 3, 2023, staff presentation and hearing item AGENDA
ITEM
16 Packet Pg. 103
when available.

REVIEW AND ANALYSIS
The City has made a motion to introduce and eventually adopt a new Ordinance to provide certainty to the development community that agricultural land uses in the vicinity of Gonzales will continue to be protected in support of the local economy. The new City Ordinance builds upon significant investments in agricultural protection the City has given in the past, such as the 2014 negotiated agreement with the County of Monterey to not pursue City expansion on 3 of 4 sides of the City and to seek additional development restrictions on significant agricultural properties in the vicinity of Gonzales. Those activities and actions from 10 years ago are not insignificant in any way and demonstrate the strongest of commitments to agricultural protection. But protecting agriculture also means providing affordable housing opportunities for those working in the industry. Similar arguments have been made for the tourism and service industries – that housing needs to happen where the jobs are, whether that is on the peninsula or in the valley.

Boldly, the City has embraced exempting from agricultural mitigation requirements those land areas that may be proposed for very low, and low-income households in our “only-one-side-of-the-City-left-togrow-into” area. Such boldness is supported and encouraged in the City Council’s present actions and in the City’s General Plan with the following Vision, Goals, and Policies:

Plan Purpose and
Objectives
The Gonzales 2010 General Plan is the City's official
policy statement for the use of land and provides the
basis for future decisions regarding the City's growth
and development. The plan provides a framework for
managing increased employment and housing growth
while conserving agricultural land, protecting the smalltown charm and diversity for which Gonzales is known.

Policy HE-1.1
Adequate Sites
Maintain a sufficient amount of vacant, residentially
zoned land within the Gonzales Planning Area to
support the Regional Housing Needs Allocation and
reduce overcrowding in Gonzales. Consistent with
Neighborhood Design Guidelines, promote the balanced
distribution of housing sites that are affordable to lower and moderate income households rather than
concentrating such sites in a single location.

Implementing Action, HE-1.1.4
– Priority Service to Affordable
Housing.

Adopt a City of Gonzales policy that establishes specific procedures to grant priority service to housing with units affordable to lower-income households whenever
capacity is limited.

Implementing Action, HE-1.1.5
Additional Housing Sites.

As appropriate, pursue annexation of properties
within the City’s sphere of influence to increase the
supply of vacant land for new housing.

Policy HE-2.1 Encourage
Affordable Housing with
Incentives
Encourage the construction of new housing that varies
sufficiently in cost, design, and tenure to meet the needs of existing and future City residents in all income
categories, and the needs of residents with special needs (including the seniors, farmworkers, disabled/
developmentally disabled, and homeless).

Packet Pg. 104
Implementing Action, HE-2.1.1
– Provide Incentives for
Affordable Housing.

Use a variety of incentives to encourage affordable
housing production, including but not limited to density bonuses, deferral or timed payments of development fees or dedications, streamlined permitting, and use of public funds to reduce development costs, such as the use of
CDBG funds to make infrastructure improvements.

Prioritize affordable incentives for residential
development that includes affordable units for extremely low-income households and those with special needs.

Policy HE-3.1 Housing for
Special Needs Populations
Encourage the development of housing for special needs
groups,
including seniors, disabled persons (including persons
with developmental disabilities), large families, singleparent families, farmworkers, and those in need of emergency shelter or transitional/supportive housing.

Policy HE-7.1 Reduce
Governmental Constraints
Ensure that site improvement standards, development
review procedures, and development fees do not form an
unnecessary constraint to the development, conservation, and rehabilitation of housing.

Implementing Action, HE-7.1.1
– Development Standards, Fees,
and Procedures.

Monitor the City’s development standards, fees, and
permitting procedures to ensure they do not unduly
constrain the development and improvement of housing.

Implementing Action HW-9.3.1
– Thriving Agriculture System.

Promote programs and strategies, especially cooperative solutions that create better living conditions for farm laborers, including improved labor housing, living
wages, affordable healthcare, and human services for
workers and their families to continue benefiting from a thriving, local agriculture industry.

See also:
• Policy COS-4.1 (Maintain Agricultural
Economy) and associated Implementing
Actions.
• Policy COS-4.2 (Permanent Agricultural Edges)
and associated Implementing Actions.

Environmental Determination
The proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3) on the grounds that it can be seen with certainty that the proposed Ordinance will not have a significant, adverse effect on the environment, and implements requirements already mandated by law. Supplementally, the city further finds and determines that the proposed Ordinance is also subject to a Class 8 Categorical Exemption per CEQA Guidelines Section 15308, as it consists of actions taken by the City as a regulatory agency, as authorized and mandated by State law (and the 2014 MOU), to assure the protection of the environment through enhanced requirements for the conversion of protected agricultural resources.

Anticipated Benefits of New Ordinance 12.150
Packet Pg. 105
❖ Passing the ordinance follows through on our commitment to Monterey County in our joint Memorandum of Understanding Agreement to ensure the landscape of the Salinas Valley continues to support agriculture through City-centered growth. ❖ Gonzales has taken a leadership role in becoming the first Salinas Valley jurisdiction to have its own local agricultural mitigation ordinance and is an active participant in Monterey County’s efforts to adopt a similar measure.
❖ Adoption of the ordinance codifies the City’s commitment to ensure agriculture remains our key economic driver while allowing for much needed residential and commercial growth to occur in our City.
❖ The ordinance strengthens our commitment to Monterey County LAFCo that the City is in keeping with LAFCo policies to ensure the protection of farmland as we move forward on our annexation projects.
❖ The ordinance has been crafted with significant public participation and involvement, bringing together community stakeholders with important perspectives on the needs of the region.
❖ This step is a major commitment of the City of Gonzales to preserve and protect significant prime agricultural lands surrounding our community while ensuring the availability of the City to meet its State-mandated housing demands. ❖ This ordinance ensures that the City prioritizes the development of affordable housing in its future growth plans, including farmworker housing by exempting it from these requirements.
❖ Gonzales is the home of significant agricultural support facilities that provide many local jobs to our residents. Preservation of local agriculture will support our local businesses and improve our local economy.
❖ Our ordinance recognizes the valuable importance of the support infrastructure such as the cooler, processing, and packaging facilities required to ensure the viability of the agriculture industry as a whole.
❖ Adoption of the ordinance will support local education efforts in Gonzales for agriculture programs, such as those addressed in Section 6.3.6 of the 2014 MOA with the County:
o Any agricultural mitigation fees assessed and collected by the City pursuant to its Agricultural Land Conservation Program may, in the City's sole discretion and reasonably acceptable to the County, be applied to activities designed to preserve and promote agriculture and the agricultural industry in the Greater Gonzales Area, including but not limited to:
▪ Scientific research for addressing agriculture's needs (e.g., food safety).

Entities applying for research funding could include universities, colleges, research think tanks, nonprofits, industry/business, government, and schools;
▪ Increased agricultural educational programs in the Gonzales Unified School District;
▪ Purchase of permanent agricultural buffers to alleviate potential physical conflicts between existing or planned agricultural uses (either within or outside the UGB/SOI and urban land uses planned within the UGB/SOI; ▪ Economic programs developed to expand markets for local agricultural products;
▪ Programs promoting careers in agriculture;
▪ Contributions to non-profit associations dedicated to agricultural education, promotion, or preservation.
▪ Funds for the acquisition of agricultural easements outside the City UGB/SOI.

Explain the Recommendation and How it Supports the Vision Packet Pg. 106
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.

Explanation: The adoption of an Ordinance adding new Chapter 12.150 – Agricultural Resource Mitigation to Title 12 – Zoning Regulations, Part 5, Regulations Applying in All Districts, will facilitate the continued primacy of agricultural land uses in the City and region while reducing financial impediments to providing affordable new housing in the City’s expected new incorporation areas.

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.

Explanation: While this is an Ordinance about agricultural resource mitigation, and it does provide for such, the City is moving forward boldly by exempting those land areas to be laid out and constructed with Very Low Income Housing and Low Income Housing (30% of residential Unit counts in new maps) as well as exempting those areas to be configured for public uses in keeping with the City’s focus on health in all policies and providing new and necessary amenities for our citizens, old and new.

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

Explanation: Conventions of the 2014 MOA negotiated with the County of Monterey 10 years ago, and the conventions of New Ordinance 12.150 allow great flexibility in how the City may use in-lieu fees to implement an Agricultural Land Conservation Program for the development of land within the City’s Urban Growth Boundary/Sphere of Influence.

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
Explanation: Refer to the explanation written above for the Vision and Mission.

BUDGET IMPACT
Once adopted and implemented and should a development interest wish to deposit/pay fees in lieu of securing actual and immediate agricultural easements on comparable property, the City will need to configure an Agricultural Impact Fund in keeping with General Plan Implementing Action COS4.3.3, structured to purchase agricultural easements on lands shown on the Land Use Diagram as adjacent to but outside the General Plan Growth Area boundary. Such fund will also be the repository the City may draw from to further the activities designed to preserve and promote agriculture and the agricultural industry in the Greater Gonzales Area as described in the 2015 MOA with the County of Monterey Packet Pg. 107

CONCLUSION
It is recommended that the City Council:
• Adopt Ordinance No. 2023-136, An Ordinance of the City Council of the City of Gonzales adding new Chapter 12.150 – Agricultural Resource Mitigation to Title 12 – Zoning Regulations, Part 5, Regulations Applying in All Districts (Attachment 1).

Attachments:

1. Ordinance No. 2023-136
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ORDINANCE NO. 2023-136

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GONZALES ADDING NEW CHAPTER 12.150 - AGRICULTURAL RESOURCE MITIGATION TO TITLE 12 – ZONING REGULATIONS, PART 5

REGULATIONS APPLYING IN ALL DISTRICTS
WHEREAS, agriculture is a crucial component of the City’s economy and cultural heritage, and the use provides numerous jobs for residents and substantial tax revenue for the City; and
WHEREAS, loss of agricultural land will result in loss of jobs and tax revenue for the City as well as impact the City’s invaluable contribution to the region, state, and national agricultural economy; and
WHEREAS, the City therefore desires to require that developers proposing to convert agricultural land to other uses must mitigate the loss of agricultural land through various means, including but not limited to the provision of permanent agricultural mitigation easements either on or offsite, the purchase of mitigation credits, and payment of in-lieu fees; and WHEREAS, the City has the inherent police power to regulate the use of land to protect the public health, safety, and welfare of its residents pursuant to Article XI, section 7 of the Constitution of the State of California; and
WHEREAS, adoption of this Ordinance No. 2023-XX enacting new Chapter 12.150 is implementation at a programmatic level for impacts to agriculture, which have been subject to CEQA review under the 2010 General Plan EIR process, and its Statement of Override, the 2014 MOA with the County of Monterey regarding a Sphere of Influence Amendment that included an Addendum to the 2010 General Plan EIR, and these documents are hereby incorporated and included by reference. Furthermore, none of the exceptions under CEQA Guidelines Section 15300.2 are applicable to the proposed ordinance.

WHEREAS, adoption of this Ordinance No. 2023-XX enacting new Chapter 12.150 is also exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3) on the grounds that it can be seen with certainty that the proposed Ordinance will not have a significant, adverse effect on the environment, and supplementally the proposed Ordinance is also subject to a Class 8 Categorical Exemption per CEQA Guidelines Section 15308, as it consists of actions taken by the City as a regulatory agency, as authorized and mandated by State law (and the 2014 MOA), to assure the protection of the environment through enhanced requirements for the conversion of protected agricultural resources.

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NOW, BE IT ORDAINED by the City Council of the City of Gonzales, as follows:

SECTION 1: The foregoing findings are true and correct and are incorporated herein.

SECTION 2: This Ordinance No. 2023-136 shall take effect and be in force 30 days from the date of its passage, and before the expiration of 15 days after its passage, it or a summary of it shall be published in a newspaper of general circulation.

SECTION 3: New Chapter 12.150 -Agricultural Resource Mitigation shall be added to the Gonzales City Municipal Code Title 12- Zoning Regulations as follows:

CHAPTER 12.150 AGRICULTURAL RESOURCE MITIGATION

12.150.010 - Purpose and Findings

12.150.020 - Title of Ordinance

12.150.030 - Definitions

12.150.040 - Mitigation Obligation

12.150.050 - Reserved

12.150.060 - Requirements for Agricultural Mitigation Easements

12.150.070 - Requirements for Qualified Entities

12.150.080 - Approval and Completion

12.150.090 - Miscellaneous

12.150.010 PURPOSE AND FINDINGS.

A. This chapter is adopted under the City’s police power to regulate the use of land to protect and promote the public health, safety, and welfare of its residents, as recognized by Article XI, Section 7 of the California Constitution.

B. Agriculture is a crucial component of the City’s economy and cultural heritage.

Agriculture provides numerous jobs for City residents and substantial tax revenue for the City.

C. Agricultural lands within and adjacent to the City contribute to our national food security and are an essential foundation of the City’s agricultural economy.

D. Most of the non-urbanized soils within the Gonzales Planning Area are classified as "prime" based on the State Department of Conservation's Important Farmlands Inventory and as "Class I" or "Class II" based on the SCS Land Capability System. These classifications are based on a variety of factors, such as drainage, salinity, slope, thickness, permeability, and susceptibility to erosion. Those local soils not classified as prime are classified as "soils of statewide significance." In Gonzales, the yields per acre are comparable on both the prime soils and the soils of statewide significance. (City of Gonzales General Plan Conservation and Open Space Section, January 2011) Packet Pg. 110 Attachment: Ordinance No. 2023-136 (2680 : Ordinance No. 2023-136 Ag Resource Mitigation) P a g e | 3
E. Requiring agricultural conservation easements over an equal area of comparable agricultural land to compensate for those that are to be developed, provides protection for the stock of agricultural land.

F. New development also benefits from the conservation of agricultural land that supports the overall economy and culture of the City.

G. As the City must balance the need for agricultural land conservation with other public goals, prohibiting the conversion of agricultural land in some circumstances will not be in the best interest of the people of the City . An overriding consideration in balancing other public goals may include the City’s needs to facilitate housing, commercial, industrial, and infrastructure development, and habitat restoration.

H. To balance these competing public purposes, the City Council has determined that it is in the best interest of the people of the City to allow some conversion of agricultural land to proceed, but to also require that such conversion be accompanied by mitigation that provides increased protection for other, comparable agricultural land proximate to the City.

I. Policy COS 4.2 of the City of Gonzales General Plan - Agricultural Easements, includes Implementing Action COS-4.2.1. Require new development to contribute to the cost of purchase of permanent agricultural easements beyond the permanent agricultural edges identified in the Land Use Diagram.

J. Policy COS 4.3 of the City of Gonzales General Plan – No Urbanization Outside of Growth Area, includes Implementing Action COS-4.3.3 – Agricultural Impact Fund.

Establish an agricultural impact mitigation fund structured to purchase agricultural easements on lands shown on the Land Use Diagram as adjacent to but outside the General Plan Growth Area boundary.

K. In some circumstances, it may be appropriate to implement a method of mitigation other than directly obtaining agricultural conservation easements over comparable agricultural land or paying in-lieu fees, if the alternative method of mitigation would provide a comparable mitigation benefit. This chapter accordingly provides development applicants alternatives.

L. This chapter is further intended to foster coordination and cooperation by the City with the County of Monterey as embodied in the March 25, 2014 Memorandum of Agreement (2014 MOA) that requires that these two entities to work cooperatively on common planning, growth, and development issues in the City .

M. The 2014 MOA was signed by both parties and demonstrates basic agreements with the County regarding future planning, growth and development issues in and around the City.

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N. The 2014 MOA demonstrated agreement along eight (8) major principles in several sections, including Section 6 - Agricultural Land Conservation Program.

O. In Section 6 Agricultural Land Conservation Program of the 2014 MOA, the City agreed to implement an Agricultural Land Conservation Program for development of land within the City’s Urban Growth Boundary/Sphere of Influence (UGB/SOI).

P. This Chapter satisfies components of the City’s Agricultural Land Conservation Program.

12.150.020 TITLE OF ORDINANCE.

This chapter shall be entitled “Chapter 12.150 Agricultural Resource Mitigation.” References herein to “ordinance” shall refer to this chapter.

12.150.030 DEFINITIONS.

A. Development Project or Discretionary Land Use Approval means any project requiring a discretionary land use permit from the City including but not limited to a subdivision, conditional use permit, design review permit, or sign permit.

B. Permanent Agricultural Edge means the area depicted in the Gonzales 2010 General Plan at page II-47 which the City intends to permanently protect for agricultural use.

C. Agricultural Mitigation Easement. A perpetual easement or servitude, comparable to a conservation easement, as provided for in sections 815 to 816 of the Civil Code, or an open space easement, provided for in sections 51070 to 51097 of the Government Code, limiting the use of the encumbered land to agricultural and accessory uses, which easement or servitude is used to satisfy the mitigation obligation imposed by this chapter.

D. Agricultural Land. Land that is either currently in agricultural use or substantially undeveloped and capable of agricultural use.

E. Agricultural Use. Use of land to produce and process food, fiber, or livestock for commercial purposes. For purposes of this chapter, farm worker housing is considered an agricultural use in keeping with state law.

F. Conversion means conversion of agricultural land to a non-agricultural use. Conversion includes but is not limited to: “rough” and formal grading for development for nonagricultural uses including the installation of roads anticipated for new development, the installation of utility structures and conveyances, the preparation of building pads and supporting infrastructure systems, and the removal of soil cover or the contamination of those soils. Conversion to a non-agricultural use includes those activities and uses that will result in the physical inability to farm the protected soils of the property.

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G. Qualified entity. An entity qualified to hold agricultural conservation easements in compliance with this chapter, including but not limited to an agricultural land trust, which entity has been approved by the City Council concurrently with approval of a development project’s agricultural mitigation required by this Chapter or which has been approved by the City Council for a different development project in the past five years.

A qualified entity must demonstrate sufficient background and experience in holding and maintaining agricultural or other conservation easements.

12.150.040 MITIGATION OBLIGATION
A. Conversion of land requiring mitigation.

The City shall require agricultural mitigation as a condition of approval of any development project or discretionary land use approval that proposes conversion of agricultural land to a non-agricultural use, regardless of the land use designation or zoning applicable to the land.

Temporary uses of agricultural land. The need for agricultural mitigation for temporary uses of agricultural land will be considered by the City of Gonzales on a case by case basis. Such uses may include the parking of vehicles, trailers, equipment, baker tanks, rigs, and other accessory activities in general support of farming practices, or special events as may be approved by the City. In determining the need for mitigation, the City will consider whether the proposed temporary use allows for the timely, purposeful and deliberate return of the property to its farmland utility.

B. Required Mitigation.

Where agricultural mitigation is required pursuant to subsections A above, the following mitigations shall be available to a project applicant, subject to final approval by the City:

1. Offer on-site Agricultural Mitigation Easements. Agricultural Mitigation Easements may be offered on the development project site consistent with the requirements of section 12.150.060 below.

2. Purchase and/or otherwise provide Agricultural Mitigation Easements offsite. Agricultural Mitigation Easements may be offered at a location other than the development project site consistent with the requirements of section

12.150.060 below.

3. Purchase agricultural banked mitigation credits. A development project can purchase agricultural mitigation credits from a qualified entity or the City, if available. Purchased credits must ensure that the amount of land preserved via the credit (in acres) is equivalent to the amount of land converted by the development project.

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4. Pay a fee in-lieu of preserving agricultural land. D This amount shall be verified through appropriate independent City appraisal funded by the development project. In-lieu fees for agricultural mitigation will be updated with other City Impact Fees and schedules and kept current on a regular basis by the City. In lieu fees will be collected and deposited into the Agricultural Impact Mitigation Fund. Fees in-lieu will be collected by the City and used for citysponsored programs in support of agriculture.

5. Implement another approach as approved by the City. A development project may propose another approach to be approved by the City Council, or combination of the above options, that:
i. Results in the preservation of the same acreage of agricultural land that is converted which is proximate to the City of Gonzales, or ii. Includes agricultural mitigation easements in the Permanent Agricultural Edge.

C. Development Projects Responsible for Compliance.

Development project applicants must comply with this Chapter. It is the development project’s responsibility to secure agricultural mitigation pursuant to this Chapter, and/or to pay fees in-lieu that satisfy the requirements of this Chapter.

Nothing in this chapter shall be construed to compel a development project to convey to the City or to a qualified entity an agricultural conservation easement on property owned by the applicant.

D. Exemptions.

1. Affordable Housing. The City Council shall exempt from the requirements to mitigate the conversion of prime farmland those specific land areas reserved to house persons of Very-Low Income (< 50% of AMI) and Low Income (50-80% of AMI).

2. Land converted for public uses. Agricultural land converted for the following public uses are exempt from the mitigation obligation imposed by this chapter:
schools, public parks or public recreational facilities, permanent natural open space, trails and developed open spaces that are open to the public. (Fenced detention or retention basins are not exempt).

3. City projects. City projects and City-initiated zoning and/or General Plan amendments are exempt from the mitigation obligation imposed by this chapter.

E. Excess mitigation and credits.

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1. At its sole option, an applicant may choose to arrange for the imposition of an agricultural conservation easement on a larger area of land than the area of land proposed for conversion and thereby generate a mitigation credit equal to the excess net acreage encumbered with the easement.

2. Any excess area encumbered with the agricultural conservation easement shall fully comply with all requirements of this chapter and shall be comparable to the land proposed for conversion to the same degree as the portion of the land offered to satisfy the mitigation obligation in sections 12.150.040(A) and (B).

3. The City’s Community Development Director shall maintain a ledger indicating the amount of credits created under this section, the holder of those credits, the administrative fees paid by the creator of the credits attributable to the mitigation land covered by the credits, and any subsequent transactions involving those credits.

12.150.050 - RESERVED.

12.150.060 - REQUIREMENTS FOR AGRICULTURAL MITIGATION EASEMENTS A. Agricultural mitigation easements shall be held in perpetuity by a qualified entity, as defined in this chapter.

B. Per the 2014 MOA with the County of Monterey, priority areas for the establishment of agricultural mitigation easements to perfect the Permanent Agricultural Edge, including those eight (8) properties depicted in the Gonzales 2010 General Plan at page II-47.

C. Agricultural mitigation easements shall be comprised of the type and quality of soil comparable to the agricultural land converted and shall consist of a minimum of the same acreage of land converted and may include more.

D. The City shall not approve proposed agricultural mitigation easements unless it finds that the easements comply with each of the following requirements:

1. Location. Either:
a. The agricultural mitigation easement is located within the Planning Area of the City as shown in Land Use maps of the City’s General Plan as may be amended from time to time; or
b. The agricultural mitigation easement is within five (5) miles of the City’s boundary, and the applicant has demonstrated that the mitigation land contributes to the City’s agricultural economy.

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2. Existing interests and encumbrances. The agricultural mitigation easement is not already subject to an encumbrance or interest that would legally or practicably prevent converting the land, in whole or in part, to a nonagricultural use, such as a conservation easement, open space easement, flowage easement, avigation easement, long term agricultural lease, profit, or an interest in the subsurface estate that would preclude development of the surface estate. A contract entered pursuant to the Land Conservation Act, Government Code section 51200 et seq (Williamson Act) shall not constitute an encumbrance for purposes of this section.

3. Public ownership. The mitigation land is not owned by any public agency.

4. Activity Specified. The type of agricultural related activity allowed on the agricultural mitigation easement is specified in the easement, and the easement prohibits land uses or activities that substantially impair or diminish the agricultural productive capacity of the land.

5. Declaration of Mitigation Intent. The agricultural mitigation easement declares that it is intended to satisfy the mitigation obligation imposed by this chapter and that it is subject to the requirements set forth in this chapter.

6. Runs with the land. The agricultural mitigation easement must run with the land and bind successor owners of the land in perpetuity. The agricultural mitigation easement must also provide that if the qualified entity holding the easement ceases to exist, ownership of the easement shall pass to another qualified entity, or if no other qualified entity is available, to the City.

E. Amendments to Agricultural Mitigation Easements. After the City has approved an agricultural mitigation easement, the easement shall not be amended without further approval by the City Council and compliance with any approval requirements imposed by the Attorney General of the State of California for the amendment.

F. Extinguishment. If a court issues a judgment declaring that the purposes of this chapter can no longer be fulfilled by enforcement of an agricultural mitigation easement, the qualified entity holding that easement may extinguish the easement by selling it to the fee owner of the mitigation land, if (a) the action was contested, and the judgment was not entered pursuant to stipulation, or (b) the City of Gonzales was a party to the action and stipulated to the judgment. In the event of such a sale, the qualified entity shall use the proceeds of sale to acquire an agricultural conservation easement or other mitigation land in compliance with this chapter.

12.150.70 - REQUIREMENTS FOR QUALIFIED ENTITIES
A. To be considered a qualified entity, an entity must (a) be a nonprofit public benefit corporation operating within the County of Monterey that is qualified to hold conservation easements under section 815.3 of the Civil Code and in compliance with the requirements Packet Pg. 116 Attachment: Ordinance No. 2023-136 (2680 : Ordinance No. 2023-136 Ag Resource Mitigation) P a g e | 9
of section 65965 et seq. of the Government Code, and (b) be approved by the City for the purpose of holding and managing agricultural conservation easements.

B. Approval criteria. In considering whether to approve an entity as a qualified entity, the City shall consider the following criteria:

1. Whether the entity’s principal purpose includes holding and administering easements for the purposes of conserving and maintaining lands in agricultural production; and

2. Whether the entity has an established record of holding and administering easements for the purposes of conserving and maintaining lands in agricultural production; and

3. The extent and duration of the entity’s involvement in agricultural land conservation within the County of Monterey; and

4. Whether the entity has been accredited by the Land Trust Accreditation Commission; and

5. Whether the entity is a member in good standing of an established and widely recognized California statewide association of land trusts.

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A. Although the City may hold agricultural conservation easements, it isthe intent of the City to transfer most, if not all, of the easementsthat are received under this chapter to a qualified entity for monitoring, management, and enforcement.

B. No qualified entity shall sell, lease, hypothecate, or encumber any interest in any agricultural mitigation easement within the Sphere of Influence of the City without the prior approval of the City Council.

C. Termination of qualified entity. If a qualified entity intends or reasonably expects to cease operations, it shall assign any agricultural conservation easements it holds to another qualified entity or to the City .

D. Monitoring and enforcement. The qualified entity shall monitor the use of all mitigation land subject to agricultural conservation easements held by the entity and enforce compliance with the terms of those agricultural conservation easements.

E. Reporting. On or before December 31 of each year after a qualified entity is approved by the City Council, the entity shall provide to the City of Gonzales Community Development Director an annual report describing the activities undertaken by the entity under this chapter. That report shall describe the status of the mitigation land and/or agricultural conservation easements held by the entity, including a summary of all action taken to enforce its agricultural conservation easements, and an accounting of the use of administrative and in-lieu fees remitted to it by the City.

12.150.080 APPROVAL AND COMPLETION
A. All mitigation proposed by an applicant to comply with this chapter shall be reviewed by the Planning Commission for consistency with the terms and purposes of this chapter. The Planning Commission shall recommend approval, conditional approval, or disapproval to the City Council. The Planning Commission shall not recommend approval of the proposed mitigation unless it finds that mitigation to be consistent with the requirements for mitigation land and agricultural conservation easements set forth in 12.150.060.

B. The City Council shall consider the Planning Commission’s recommendation and shall either approve, conditionally approve, or disapprove the proposed mitigation.

C. The City shall not issue any permit or other approval for any project involving a conversion subject to the mitigation obligation under this chapter unless the City Council has previously approved proposed mitigation in compliance with this chapter.

D. Completion of mitigation.

1. The applicant for conversion must complete all required mitigation prior to initiating any activity resulting in interference with agricultural practices on the property subject to conversion. The City shall not issue any building, grading, or encroachment permits until mitigation has been completed.

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2. Mitigation shall be deemed complete when the approved agricultural mitigation easement has been recorded and the applicant has paid the required administrative fee. However, if the applicant elects to seek approval of an alternative mitigation option, mitigation shall be deemed complete when the City provides the applicant with a letter indicating that mitigation is complete.

12.150.090 MISCELLANEOUS
A. The provisions of this chapter shall not be applicable to the extent, but only to the extent, that their application would violate the constitution or laws of the United States or of the State of California. The City shall apply the chapter to avoid such unconstitutionality or illegality.

B. If any portion of this chapter is held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the chapter. The City Council declares that it would have enacted this chapter and each section, subsection, paragraph, sentence, clause, or phrase thereof even if a portion of the chapter were declared unconstitutional.

C. Nothing in this chapter shall be construed to abridge or narrow the City’s police power.

The City retains its full power and discretion to deny a proposed conversion on the basis that the proposed conversion is inconsistent with the public health, safety, or welfare because of the loss of agricultural land or otherwise.

SECTION 4: Adoption of this Ordinance No. 2023-XX enacting new Chapter 12.150 is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3) on the grounds that it can be seen with certainty that the proposed Ordinance will not have a significant, adverse effect on the environment, and supplementally the proposed Ordinance is also subject to a Class 8 Categorical Exemption per CEQA Guidelines Section 15308, as it consists of actions taken by the City as a regulatory agency, as authorized and mandated by State law (and the 2014 MOA), to assure the protection of the environment through enhanced requirements for the conversion of protected agricultural resources.

SECTION 5: Sections 1, 2, 4, and 5 of this Ordinance No. 2023-XX shall not be codified in the Gonzales Municipal Code. Section 3 shall be codified.

Passed, approved, and adopted by the City Council of the City of Gonzales on this _____ day of _____________ by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_______________________________
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Jose L. Rios, The Honorable Mayor
ATTEST:
________________________________
Mary Villegas, Deputy City Clerck
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