Agenda packet — Gonzales City Council, June 5, 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.

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AMENDED AGENDA

JOINT MEETING OF THE

GONZALES CITY COUNCIL

GONZALES SUCESSOR AGENCY,

GONZALES SUCCESSOR HOUSING AGENCY,

GONZALES ELECTRIC AUTHORITY BOARD,

GONZALES MUNICIPAL ELECTRIC UTILTY BOARD
CITY COUNCIL CHAMBERS – 117 FOURTH STREET
GONZALES, CA 93926
MONDAY, JUNE 5, 2023
6:00 P.M.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

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

PUBLIC NOTICE
This meeting is being conducted consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The public may participate in person or online via zoom at https://us06web.zoom.us/j/81623291876 or call 1 (669) 900-6833 and use Meeting ID: 816 2329 1876. 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. Gonzales Youth Council FY 2022-2023 End of Year Presentation; and Consider Approval of Proclamation No. 2023-03 Commending Youth Commissioner Sherlyn Flores-Magadan

BUSINESS FROM THE PUBLIC

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

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

4. Approve the Joint City Council and Successor Agency - Regular Meeting - May 15, 2023 Minutes

5. Approve the City Council - Special Meeting - May 12, 2023 Minutes

6. Approve the City Council - Special Meeting - May 23, 2023 Minutes

7. Approve Successor Agency Accounts Payable Warrant #1678

8. Approve City Accounts Payable Warrants #48569-48703

9. Consider Approval of Resolution No. 2023-29 A Resolution of the City Council of the City of Gonzales Accepting Phase 2 of the Skate Park as Complete, Authorize Staff to Record a Notice of Completion, and Release Retention Monies to the Contractor

10. Consider Approval of Resolution No. 2023-30, A Resolution of the City Council of the City of Gonzales Authorizing Execution of an Enterprise Agreement for Small Governments with ESRI at an Annual Cost of $15,500 for Geographic Information System Mapping Software

11. Consider Approval of Resolution No. 2023-35, A Resolution of the City Council of the City of Gonzales Declaring Juneteenth (June 19) an Official City Holiday and Amending the City‘s Personnel Policy to Add Juneteenth to the List of Paid Holidays for City Employees

REGULAR AGENDA

12. Continue the noticed Public Hearing Regarding Resolution No. 2023-32, A Resolution of the City Council of the City of Gonzales Establishing the Cost for Services Fee Schedule for Fiscal Year 2023-2024
a) Staff Report - Verbal
b) Public Hearing
c) Council Discussion
d) Council Action
Staff Recommended Action-Continue the Public Hearing to the June 20th Council meeting

13. Transition to District-Based Elections for Councilmembers – Proposed District Maps – Public Hearing No. 4
a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Provide feedback to the demographic consultant regarding the draft Council District boundary maps, and consider designating a preferred map for inclusion in the ordinance that is to be drafted and brought to the Council for possible introduction following the public hearing on this topic on June 20, 2023

14. Consider Adoption of Ordinance No. 2023-137, An Ordinance of the City Council of the City of Gonzales Approving the Pre-zoning of the Gonzales Cooler Development Property to Industrial a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Waive second reading, read by title only, and Adopt Ordinance No. 2023-137
*
*
Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall located at 147 Fourth Street, Gonzales, California, during normal business hours.

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15. Consider Approval of Resolution No. 2023-31, A Resolution of the City Council of the City of Gonzales Authorizing Execution of Professional Services Contracts with 4Leaf Consulting for Building Department Services and for Plan Review and Inspection Services for the Community Center Complex Project
a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Resolution No. 2023-31

16. Consider Approval of Resolution 2023-33, A Resolution of the City Council of the City of Gonzales Awarding the Design/Build Contract for the Community Center Complex Project to the Otto Construction/WRNS Team and Authorizing the Issuance of a Notice to Proceed with Design Services at a Not-To-Exceed Amount of $4,900,446
a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Resolution No. 2023-33

17. Introduce, Waive Reading and Read by Title Only Ordinance No. 2023-138, An Ordinance of the City Council of the City of Gonzales Amending Chapter 1.28 City Manager, of Title 1- Administration of the Gonzales City Code
a) Staff Report
b) Public Comment
c) Council/Agency Discussion
d) Council/Agency Action
Staff Recommended Action-Introduce, waive reading, and read by title only Ordinance No. 2023-138

18. Consider Approval of Resolution No. 2023-34, A Joint Resolution of the City Council of the City of Gonzales/City Council as Board to the Successor Agency to the Gonzales Redevelopment Agency/Gonzales Successor Housing Agency Board/Board of the Gonzales Electric Authority/Board of the Gonzales Municipal Electric Utility Approving an Employment Agreement for City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Electric Authority Executive Director/Electric Utility Executive Director Services with Carmen Gil
a) Staff Report
b) Public Comment
c) Council/Agency/Board Discussion
d) Council/Agency/Board Action
Staff Recommended Action-Adopt Resolution No. 2023-34

BUSINESS FROM CITY COUNCIL

19. City Council Board/Committee Reports
a. Transportation Agency for Monterey County
b. Mayor Selection Committee
c. Salinas Valley Recycles
d. Measure K Oversight Committee
e. South Salinas Valley Broadband Authority

20. 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.

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BUSINESS FROM CITY MANAGER

21. Oral Communications

ADJOURNMENT

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

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

AGENDA
ITEM
2 PROCLAMATION NO. 2023-03
WHEREAS, Sherlyn Flores-Magadan served as a Gonzales Youth Commissioner for two years from June 2021 to June 2023 during her Junior and Senior years at Gonzales High School; and
WHEREAS, Commissioner Sherlyn Flores-Magadan successfully completed the 2021 and 2022 Summer Civic Engagement & Leadership Development Fellowships and collaborated with her fellow Youth Commissioners to recruit, advise, and foster youth leadership during the school years of 2021-2022 & 2022-2023; and
WHEREAS, Commissioner Sherlyn Flores-Magadan represented Gonzales youth as one of the Youth Advisors to the Gonzales City Council and served as a representative of student voice at the Gonzales Unified School District Board; and
WHEREAS, Commissioner Sherlyn Flores-Magadan partnered with the former Youth Commissioners, the GYC, the City, Gonzales Unified School District, CSUMB and other community partners to plan and implement community-building strategies and events with especially notable contributions to: addressing food insecurity issues during the pandemic by supporting community food distributions, advocating for resources and startegies to address youth mental health by leading the data collection and assessment team, and conducting presentations on the metnal health findings, by being an active spokesperson for change and resources through various means including live TV interviews, print media, reports and giving speaches where she highlighted the importance of youth engagement, mental health and advocay; and WHEREAS, Commissioner Sherlyn Flores-Magadan has a long history of civic engagement. She not only currently serves as one of the City’s Youth Commissioners, she was a GYC member before taking on the Commissioner role, she is an active member of interact with over 300 hours of commuity service, and was part of Senator Anna Caballero’s Young Legislators Program during the summer of 2022, where she devloped a deep appreciation for for the comlexitieis of government and the crucial role that lawmakers play in shaping society; and WHEREAS, Commissioner Sherlyn Flores-Magadan is an asset to the community and a strong and dedicated advocate. She is always willing to step in and help, and is an inspiration to her classmates and other youth and adults of our community.

NOW, THEREFORE, BE IT PROCLAIMED, this 5
th Day of June in the year 2023, by
the Gonzales City Council, that Sherlyn Flores-Magadan is commended for her service, leadership, advocacy, and inspiration. The best wishes of Gonzales go forward with her as she pursues her higher education at Cal State Monterey Bay this fall and pursues a degree in Community Health and Human Services.

Jose L. Rios, The Honorable Mayor
June 5, 2023
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MINUTES

JOINT MEETING OF THE

GONZALES CITY COUNCIL AND

GONZALES SUCCESSOR AGENCY
MONDAY, MAY 15, 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
Luke Naegle.

Excused absence: Sherlyn Flores.

STAFF PRESENT
Public Works Director/City Engineer Patrick Dobbins, City Attorney Michael F. Rodriquez, Consultant Brent Slama, Executive Assistant to the City Manager/Deputy City Clerk Mary Villegas, Administrative Assistant II Esthela Palmerin, Fire Chief Jason Muscio, and Police Chief Keith Wise. * Successor Agency Item

PRESENTATIONS

2. Consider Approval of, and Present Proclamation No. 2023-02 Proclaiming the Week of May 21 – 27, 2023 as National Public Works Week
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Minutes Acceptance: Minutes of May 15, 2023 6:00 PM (CONSENT AGENDA) AGENDA
ITEM
4

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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 Mayor Pro Tem Funk read and presented the proclamation to Public Works Director Dobbins.

BUSINESS FROM THE PUBLIC

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

Bob Krauth, 703 Colombard Circle, commented about the Cinco de Mayo presentation last week which was extraordinary and he had an opportunity to set up a display regarding Juan Martinez and also the history of Cinco de Mayo. He appreciated four High School kids who came over and offered to help him while setting up. He thanked Marco Alvarez, Edgar Savedra, Mark Spencer, Javier Eduardo and Henry Aguilar. He was glad our City has been recognized throughout this country for all the youth working in the community, and he hoped we get in the top 10 of the All American Award.

CONSENT AGENDA

4. Approve the Joint City Council and Successor Agency - Regular Meeting - May 1, 2023 Minutes

5. Approve the City Council - Special Meeting - May 4, 2023 Minutes

6. Approve the City Council - Special Meeting - May 8, 2023 Minutes

7. Approve City Accounts Payable Warrants #48511-48568

8. Community Development Department Activity Report

9. Community Engagement & Strategic Partnerships Activity Report

10. Fire Department Activity Report

11. Police Department Activity Report

12. Public Works/City Engineer Department Activity Report

13. Recreation Department Activity Report

14. Consider Approval of Resolution No. 2023-18, A Resolution of the City Council of the City of Gonzales Authorizing Vortex Industries to Remove and Replace Two Bay Doors at the Public Works Corporation Yard for a Not-to-exceed Cost of $50,000

15. Consider Approval of Resolution No. 2023-19, A Resolution of the City Council of the City of Gonzales Approving the Purchase of a New Holland Backhoe from Coastal Tractor in the Amount of $99,047 and Approve the Surplus Sale of the Existing Backhoe

16. Consider Approval of Resolution No. 2023-20, A Resolution of the City Council of the City of Gonzales Designating Harris and Associates as Engineer of Work for Assessment Districts, and Directing the Filing of Engineer’s Fiscal Year 2023-2024 Annual Reports Therefor; Designating Jarvis, Fay, & Gibson, LLP as District Counsel for Assessment Districts; and Authorizing Compensation for All Assessment District Work

17. Consider Approval of Resolution No. 2023-21, A Resolution of the City Council of the City of Gonzales Declaring Intention to Confirm Diagrams and to Levy and Collect Annual Assessments *
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Minutes Acceptance: Minutes of May 15, 2023 6:00 PM (CONSENT AGENDA)

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Pursuant to the Benefit Assessment Act of 1982 - California Breeze Benefit Assessment District Nos. 1, 2, and 3

18. Consider Approval of Resolution No. 2023-22, A Resolution of the City Council of the City of Gonzales Providing Preliminary Approval of Engineer’s Report, Stating Intention to Confirm Diagram and to Levy and Collect Annual Assessments Pursuant to the Landscaping and Lighting Act of 1972 - California Breeze Parks and Open Spaces Maintenance Assessment District

19. Consider Approval of Resolution No. 2023-23, A Resolution of the City Council of the City of Gonzales of Intention to Confirm Diagram and to Levy and Collect Annual Assessments Pursuant to the Benefit Assessment Act of 1982 - Canyon Creek Benefit Assessment District Nos. 1, 2 & 3

20. Consider Approval of Resolution No. 2023-24, A Resolution of the City Council of the City of Gonzales Providing Preliminary Approval of Engineer’s Report, Stating Intention to Confirm Diagram and to Levy and Collect Annual Assessments Pursuant to the Landscaping and Lighting Act of 1972 - Canyon Creek Parks and Open Spaces Maintenance Assessment District Nos. 1, 2 and 3

21. Consider Approval of Resolution No. 2023-25, A Resolution of the City Council of the City of Gonzales of Intention to Confirm Diagram and to Levy and Collect Annual Assessments Pursuant to the Benefit Assessment Act of 1982 - Gonzales Industrial Park Benefit Assessment District

22. Consider Approval of Resolution No. 2023-26, A Resolution of the City Council of the City of Gonzales Providing Preliminary Approval of Engineer’s Report, Stating Intention to Confirm Diagram and to Levy and Collect Annual Assessments Pursuant to the Landscaping and Lighting Act of 1972 - Gonzales Industrial Park Landscape Maintenance Assessment District

23. Consider Approval of Resolution No. 2023-27, A Resolution of the City Council of the City of Gonzales Declaring Intention to Confirm Diagram and to Levy and Collect Annual Assessments Pursuant to the Benefit Assessment Act of 1982 - Cipriani Estates Benefit Assessment District

24. Consider Approval of Resolution No. 2023-28, A Resolution of the City Council of the City of Gonzales Providing Preliminary Approval of Engineer’s Report, Stating Intention to Confirm Diagram and to Levy and Collect Annual Assessments Pursuant to the Landscaping and Lighting Act of 1972 - Cipriani Estates Parks and Open Spaces Maintenance Assessment District Council Member Orozco pulled Item 7. In regards to Warrant #48555 for Trinis Pluming for electric lubricant, she asked what that was for.

Public Works Director Dobbins responded he will track the invoice and get back to her.

In regards to Warrant #48567 for workers comp, Mayor Rios asked if that was for six months or an annual payment. He also commented on the check for Swinerton for $30,000. He wondered about the hourly rate and thought that was a lot of money and shared his frustration seeing all that money.

Public Works Director Dobbins responded he will get that payment information and get back to him. Regarding Swinerton, he explained it was for two individuals’ work during the RFP phase and the efforts going on during the last three months for the design build contracts.

Council Member Orozco asked when they submit an invoice, if it's a detailed invoice and it lists item by item as to the hours they're accrued and the purpose.

Public Works Director Dobbins responded yes, day by day and he reviews them carefully. He understands it’s a significant cost because it’s a large project.

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Minutes Acceptance: Minutes of May 15, 2023 6:00 PM (CONSENT AGENDA)

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Council Member Worthy pulled Item 12. She asked about the possibility to turn the bike lanes green. She also shared an idea she heard from people about La Gloria school wanting to do a community garden, and utilizing the troughs for that.

Public Works Director Dobbins responded about staff’s plan to come back before the Council at the June 20th meeting and give an update, and if the Council decides to keep it, staff can paint them green. He said that the troughs are not meant to stay there but will keep the idea in mind.

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

REGULAR AGENDA

25. Notice of Intent to Award the Design-Build Contract for the Community Center Complex Project Staff Report: Public Works Director Dobbins presented the staff report.

Public Comment: There was none.

Council Discussion: There was none.

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

26. Consider Approval of Resolution No. 2023-15, A Resolution of the City Council of the City of Gonzales Adopting the Gloria Road Agricultural Cooler Project Initial Study / Mitigated Negative Declaration (SCH#2023030377) and Adopting the Mitigation Monitoring Reporting Program (MMRP); Consider Approval of Resolution No. 2023-16, A Resolution of the City Council of the City of Gonzales Approving Amendments to the City of Gonzales General Plan to Change Specific Land Use Designation and Waive the Requirement for a Specific Plan; Introduce, Waive Reading, and Read by Title Only Ordinance No. 2023-137, An Ordinance of the City Council of the City of Gonzales Approving the Pre-zoning of the Gonzales Cooler Development Property to Industrial; and Consider Approval of Resolution No. 2023-17, A Resolution of the City Council of the City of Gonzales Approving the Initiation of a 48.97-Acre Annexation Request for the Gloria Road Agricultural Cooler Project with the Monterey County Local Agency Formation Commission (LAFCO)
Before Item 26 was read, Council Member Silva informed that she will recuse herself from participation in this matter due to a potential conflict of interest, and she has determined that it is reasonably foreseeable that the project before the Council has a potential to have a material impact on the finances of her employer. She is currently employed by Ipolito International as a Planting Schedule Coordinator.

Staff Report: Brent Slama, Slama Consulting, presented the staff report via powerpoint presentation consisting of introduction of the annexation, environmental considerations, amendments to the General Plan, prezoning the property, conditional use permit, Planning Commission actions, annexation request with LAFCO, and staff's recommendation.

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Minutes Acceptance: Minutes of May 15, 2023 6:00 PM (CONSENT AGENDA)

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Jeff Rianda, Rianda Family Partnership, said he was representing his family, elaborated on the ag industry his family has been involved in, as well as the community; and shared they were excited to have this project in front of the Council.

David Peartree, Belli Peartree Architects Principal, presented a powerpoint presentation explaining the architectural sustainability and operational aspects of this project. He shared model views of the project.

Christine Kemp, Noland Hamerly Etienne and Hoss Representative, thanked staff and talked about the Ag Mitigation portion of the project.

Mayor Rios opened the public hearing at 7:13pm.

Public Comment: Bob Krauth commented about vegetables currently processed; taking another area that would normally be farmed; expanding housing close to this facility; and asked what the Council gets out of this.

Mayor Rios closed the public hearing at 7:14pm.

David Peartree addressed Mr. Krauth’s question and explained the reasons such as the current facility being in Salinas, less vehicles miles traveled due to grow areas being around Gonzales, centralizing the facility, potential jobs, complimentary with the City’s future housing uses, and tax base.

Council Discussion: Staff and presenters addressed questions regarding noise, anticipated timeline with LAFCO, ag mitigation, parking spaces, and hiring of employees.

RESULT: APPROVED [4 TO 0] Resolution No. 2023-15
MOVER: Scott Funk, Mayor Pro Tem
SECONDER: Lorraine Worthy, Council Member
AYES: Jose L. Rios, Scott Funk, Lorraine Worthy, Maria Orozco RECUSED: Liz Silva
RESULT: APPROVED [4 TO 0] Resolution No. 2023-16
MOVER: Scott Funk, Mayor Pro Tem
SECONDER: Lorraine Worthy, Council Member
AYES: Jose L. Rios, Scott Funk, Lorraine Worthy, Maria Orozco RECUSED: Liz Silva
RESULT: APPROVED [4 TO 0] Introduce, Waive Reading, and Read by Title Only Ordinance No. 2023-137
MOVER: Scott Funk, Mayor Pro Tem
SECONDER: Maria Orozco, Council Member
AYES: Jose L. Rios, Scott Funk, Lorraine Worthy, Maria Orozco RECUSED: Liz Silva
RESULT: APPROVED [4 TO 0] Resolution No. 2023-17
MOVER: Scott Funk, Mayor Pro Tem
SECONDER: Lorraine Worthy, Council Member
AYES: Jose L. Rios, Scott Funk, Lorraine Worthy, Maria Orozco RECUSED: Liz Silva
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Minutes Acceptance: Minutes of May 15, 2023 6:00 PM (CONSENT AGENDA)

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BUSINESS FROM CITY COUNCIL

27. City Council Board/Committee Reports
a. League of California Cities Monterey Bay Division
No report.
b. Association of Monterey Bay Area Governments
Mayor Pro Tem Funk reported on the Draft Zero Emissions Vehicle Strategy Update they received; and Grants 2.0 Program.
c. Monterey Salinas Transit
Council Member Worthy reported on being moved from the Operations to the Administrative Committee and is now the Chair. She also reported on the Measure Q funds; operators recruitment; and ridership being up.
d. City & School Joint Steering Committee
No update.

28. Oral Communications
Commissioner Naegle announced the In the Mind of GHS event the GYC will be hosting where they will present the Mental Health Project data on May 26th at 5:30pm; and the end of year trip on May 27th.

Council Member Silva shared a question from one of the residents regarding why the front office was closed at noon every day.

Public Works Director Dobbins responded the City Hall lobby is closed from 12:30pm - 1:30pm for lunch and there is the half hour over the lunch hour where residents can come in to City Hall.

And it comes down to the administrative staff that we have, which are only two, and for example one is sick out today, so it's not possible to be open over the lunch hour but we shifted to the 12:30pm-1:30pm.

Council Member Silva understood and said she told them we've been short staffed for a while and they asked if they can stagger their lunches but she wanted to pass along the information to staff.

She reminded everyone about the Salinas Valley Fair this Thursday through Sunday in King City, and she'll be there working a couple of Exhibit Rooms as a volunteer. She also reminded about the Annual Commemoration Ceremony at the Cemetery on May 29th starting at 9am, and encouraged people to attend. She sent kudos to the football team for cleaning up the property area. She announced the graduation on June 10th at the Stadium at 10am.

Mayor Pro Tem Funk heard the Cinco de Mayo was very well attended and thanked staff for their efforts in keeping the events going, as well as all the volunteers who helped with the event. He thanked all Department Heads for everything they do and for keeping their departments moving.

Council Member Orozco thanked Fire and Police Chiefs and all the volunteers for their support in the Cinco de Mayo event. The parade went well which had a lot of participants even from San Francisco. She believed this was one of the events, along with the 4th of July that have been the highlight when we talk about community engagement and the awards we receive throughout the years bringing the community and youth together. She also thanked all staff for all their hard work.

She announced Rotary will be putting the 4th of July event together. She thanked School Board Member Celeste Daniels who will be moving to Florida, for her years of service to the school. She also shared a question from a senior who asked about receiving the senior rebate checks and had not gotten his credit but she would get back to him about that being done in June.

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Minutes Acceptance: Minutes of May 15, 2023 6:00 PM (CONSENT AGENDA)

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Mayor Rios echoed the Council’s gratitude to all the folks who helped with the Cinco de Mayo event, and said he could tell Council Member Orozco was on it and she was everywhere helping throughout the event. He expressed his kudos to her for helping even when dealing with her asthma issues, and he hoped she got some rest after that. He also thanked Fire and Police Chiefs for leading the parade which was very well attended. He thanked Public Works for the changes on the bike lanes. He hoped it’s working better than before and knows the parking is a little tight, but we may come up with solutions later. He said he asked the City Attorney that he would like to appoint Council Members Orozco and Worthy to an Economic Development Committee for the Council so they can be abreast and keep in touch with staff on the developments so we can keep things going. He said they are already part of the D.R. Horton Committee but this one would be for any other developments.

City Attorney Rodriquez responded yes, he can appoint them tonight and we can ratify it.

Council Members Orozco and Worthy were appointed to the Economic Development Committee.

BUSINESS FROM CITY MANAGER

29. Oral Communications
Public Works Director Dobbins reported on a grant award received last December for 18 EV charging stations, six downtown, six at the Community Center, and staff is still working with Taylor Farms Health Center location for the other six. He'll bring an item to the Council at the next meeting regarding a consultant to help with this.

ADJOURNMENT
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 The meeting was adjourned at 7:47 PM.

ATTEST:

Mary Villegas, Deputy City Clerk
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Minutes Acceptance: Minutes of May 15, 2023 6:00 PM (CONSENT AGENDA)

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MINUTES

GONZALES CITY COUNCIL

SPECIAL MEETING
FRIDAY, MAY 12, 2023
9:00 AM

CALL TO ORDER
The meeting was called to order at 9:00 AM by Mayor Jose L. Rios.

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

ROLL CALL
Attendee Name Title Status
Jose L. Rios Mayor Present
Scott Funk Mayor Pro Tem Present
Liz Silva Council Member Present
Lorraine Worthy Council Member Present
Maria Orozco Council Member Present

STAFF PRESENT
City Attorney Samantha Zutler, Executive Assistant to the City Manager/Deputy City Clerk Mary Villegas, and Administrative Assistant II Marisol Gomez.

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/83267212784 or call 1-669-900-6833 and use Meeting ID: 832 6721 2784. If you wish to make either a general public comment or to comment on a specific agenda item, please use the Raise Hand function. You will be allowed three minutes for your comments.

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

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

There was none.

2. Public Employee Discipline/Dismissal/Release - per Government Code Section 54957(b)(1), Government Code Section 54954.5(e).

The Council provided direction to the City Attorney. No other reportable action taken.

ADJOURNMENT
The meeting was adjourned at 10:15 AM.

ATTEST:

Mary Villegas, Deputy City Clerk
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Minutes Acceptance: Minutes of May 12, 2023 9:00 AM (CONSENT AGENDA)

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MINUTES

GONZALES CITY COUNCIL

SPECIAL MEETING
TUESDAY, MAY 23, 2023
5:00 P.M.

CALL TO ORDER
The meeting was called to order at 5:00 PM by Mayor Jose L. Rios.

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

STAFF PRESENT
City Attorney Michael F. Rodriquez, Executive Assistant to the City Manager/Deputy City Clerk Mary Villegas, and Administrative Assistant II Esthela Palmerin.

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/84050257851 or call 1-669-900-6833 and use Meeting ID: 840 5025 7851. If you wish to make either a general public comment or to comment on a specific agenda item, please use the Raise Hand function. You will be allowed three minutes for your comments.

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

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

There was none.

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

The Council provided direction to the City Attorney. No other reportable action taken.

ADJOURNMENT
The meeting was adjourned at 6:55 PM.

ATTEST:

Mary Villegas, Deputy City Clerk
Packet Pg. 15
Minutes Acceptance: Minutes of May 23, 2023 5:00 PM (CONSENT AGENDA) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK-RDA Page: 1
Time: 10:06 am
Date: 06/01/2023
Void/Stop
Date
Reconcile
Date
RABOBANK-RDA Checks
1678 05/26/23 Printed 3229 BRYANT JOLLEY C.P.A. FY 2021-22 Audit 5,377.09 Total Checks: 1 Checks Total (excluding void checks): 5,377.09 Total Payments: 1 Bank Total (excluding void checks): 5,377.09 Total Payments: 1 Grand Total (excluding void checks): 5,377.09 Packet Pg. 16
Attachment: Warrant #1678 (2733 : Approve Successor Agency Accounts Payable Warrant #1678) AGENDA
ITEM
7 City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 10:05 am
Date: 06/01/2023
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
48569 05/12/23 Printed 1922 A & G PUMPING, INC. Porta Potties Central Park 342.50 ABAG PUBLICLY OWNED 4,727.65
ENERGY
48570 05/12/23 Printed 256 Levelized Nat. Gas Charges May 2023 48571 05/12/23 Printed 108 AIRGAS Forklift Fuel 161.45
48572 05/12/23 Printed 2 ALL - SAFE ALARMS Alarm System for City Bldgs. 800.00 ALVAREZ TECHNOLOGY 5,925.99
GROUP INC.
48573 05/12/23 Printed 2180 Computer Lease
ALVAREZ TECHNOLOGY 6,895.36
GROUP, INC.
48574 05/12/23 Printed 3893 PC & Monitors - Finance
48575 05/12/23 Printed 4781 KAREN ALVINO Water Deposits to be Refunded 147.95 48576 05/12/23 Printed 137 AMERICAN SUPPLY CO. Janitorial Supplies 558.09 48577 05/12/23 Printed 341 PATRICK ASKEW Retiree Medical Insurance May 2023 361.00 48578 05/12/23 Printed 3168 AUTOZONE INC. Vehicle Maintenance 67.83 48579 05/12/23 Printed 3805 BADGER METER INC. Meter Reading Software 117.12 BANUELOS ENTERPRISES, 133.00
INC.
48580 05/12/23 Printed 1054 Fuel
48581 05/12/23 Printed 4337 ALLISON BENOIT Refund Dog License Payment 15.00 BURKE, WILLIAMS & 147.33

SORENSEN LLP
48582 05/12/23 Printed 4243 Legal Services
CAL COAST AUTOMOTIVE 740.00

REPAIR &
48583 05/12/23 Printed 3831 Vehicle Maintenance
CAL-WEST LIGHTING AND 605.00
SIGNAL
48584 05/12/23 Printed 3838 Street Light Maintenance
48585 05/12/23 Printed 4782 OMAR CASTILLO CAMACHO Water Deposits to be Refunded 48.32 48586 05/12/23 Printed 770 CARLOS ALBERTO ESQUIVEL Janitorial Services 800.00 48587 05/12/23 Printed 4263 CITY NATIONAL BANK Water Loan Pmt. 114,704.65 CITY OF GONZALES- PETTY 888.17
CASH
48588 05/12/23 Printed 165 Increase Cash in Registers
48589 05/12/23 Printed 212 CITY OF GONZALES Water Deposits to be Applied M. Ramos 255.55 48590 05/12/23 Printed 4165 NATHAN CORDOBA Travel- Post Supervisor Course 4/3/23 - 393.00 4/14/23
48591 05/12/23 Printed 1821 CSK AUTO, INC. Vehicle Maintenance 356.29 48592 05/12/23 Printed 3028 D & J TIRE SERVICE Tire Repair 50.00 DE LAGE LANDEN PUBLIC 23,748.83

FINANCE
48593 05/12/23 Printed 2895 Solar Loan
FERGUSON ENTERPRISES, 117.27
INC 1423
48594 05/12/23 Printed 593 Meter Maintenance
48595 05/12/23 Printed 3550 ULYSES FIERROS Per Diem - ICI Core Course 5/15/23 - 550.00 5/26/23
FLUID RESOURCE 374.40

MANAGEMENT INC,
48596 05/12/23 Printed 2537 SCADA
48597 05/12/23 Void 05/12/23 Void Check 0.00
GONZALES ACE HARDWARE 528.61
INC.
48598 05/12/23 Printed 3274 Valve - Park Maint. Supplies 48599 05/12/23 Printed 225 GONZALES IRRIGATION Irrigation Repair 246.34 48600 05/12/23 Printed 4783 LUZ MARIA GONZALEZ Water Deposits to be Refunded 150.00 48601 05/12/23 Printed 4071 GREAT AMERICA FINANCIAL Copier Lease 1,286.96 48602 05/12/23 Printed 3228 HARRIS & ASSOCIATES, INC. Ad Engineer Reports 8,446.00 HILL BROTHERS CHEMICAL 4,783.25
CO
48603 05/12/23 Printed 4120 Chlorine
48604 05/12/23 Printed 2215 HINDERLITER, DE LLAMAS & Sales Tax Admin Jan - March 2023 600.00 48605 05/12/23 Printed 3485 INFOSEND, INC. Utility Billing 3,797.49 48606 05/12/23 Printed 2818 JARVIS FAY LLP. Legal Svcs. - Electric Auth. 15,762.00 48607 05/12/23 Printed 3878 JCR FENCING, INC. Chain Link Fence Project 14,614.00 48608 05/12/23 Printed 2450 ANGEL H. JOHNSTONE Consulting Services 5,017.69 48609 05/12/23 Printed 4784 MATTHEW JOSEPH LEACH Water Deposits to be Refunded 150.00 48610 05/12/23 Printed 2686 DAVID & DONA LLOYD After Hours Answering Services 99.00 48611 05/12/23 Printed 1965 SANTIAGO MELGOZA Reimb. CSUMB Training Parking 5.00 48612 05/12/23 Printed 72 MISSION UNIFORM SERVICE Uniforms 509.21 48613 05/12/23 Printed 3787 NEW SV MEDIA Public Notice - Ag Mitigation Ord. 1,520.44 48614 05/12/23 Printed 4785 OPENGOV, INC Professional Svcs. Deployment Online 30,238.00 Budget Book Bundle
AGENDA
ITEM
Packet Pg. 17
Attachment: Warrants #48569-48703 (2734 : Approve City Accounts Payable Warrants #48569-48703) 8 City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 2
Time: 10:05 am
Date: 06/01/2023
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
48615 Electric Acct # 0006301263-7 05/12/23 Printed 91 P. G. & E. 893.59 48616 Office Supplies 05/12/23 Printed 115 QUILL CORP 21.73 48617 Water Deposits to be Refunded 05/12/23 Printed 4786 MORGAN ELAINE RAMOS 113.66 48618 Internet Service 05/12/23 Printed 4092 RAZZO LINK, INC. 75.09 SAFETY-KLEEN SYSTEMS, 240.86
INC.
48619 Shop/All Depts. Parts Washer 05/12/23 Printed 189 SALINAS VALLEY SOLID 59,385.10
WASTE
48620 Tonage Fees March 2023 05/12/23 Printed 258
48621 Fuel 05/12/23 Printed 2685 SC FUELS 834.37
48622 Gonzales Annexation Projects 05/12/23 Printed 4318 BRENT SLAMA 18,135.00 48623 5th St. 05/12/23 Printed 119 SOLEDAD HARDWARE 249.93 48624 Internet Services Acct # 8203 11 680 05/12/23 Printed 2673 SPECTRUM 476.00 0002976
48625 Telephone Acct # 963044810 05/12/23 Printed 3670 T-MOBILE 31,310.57 48626 Video Conference 05/12/23 Printed 3880 THE MAYNARD GROUP 261.49 48627 Drop Box Services 05/12/23 Printed 27 TRI - CITIES DISPOSAL 2,005.96 48628 Fire Dept. - C02 Detector 05/12/23 Printed 3718 TRINI'S PLUMBING 620.34 48629 4/6/23 Keith Wise Acct # 4866 9145 5550 05/12/23 Printed 3577 U.S. BANK 6,723.27 8537
48630 4/6/23 Patrick Dobbins Acct # 4866 9145 05/12/23 Printed 3577 U.S. BANK 528.20 5550 8537
48631 Employment Background Check 05/12/23 Printed 4338 URETSKY SECURITY 1,336.68 48632 Water Deposits to be Refunded 05/12/23 Printed 4339 DRUSILLA URIBE 34.52 48633 Battery 05/12/23 Printed 99 VOSTI'S, INC. 1,130.22 WILLDAN FINANCIAL 4,292.50

SERVICES
48634 Report Foundation for Vista Lucia 05/12/23 Printed 3682 Specific Plan
48635 Per Diem - MCCLEOA Conference 05/12/23 Printed 202 KEITH WISE 200.00 5/21/23 - 5/24/23
48636 Skate Park Prop 68 Sign 05/12/23 Printed 101 ZUMAR INDUSTRIES 572.09 LAFCO OF MONTEREY 4,600.00
COUNTY
48637 LAFCO Application Cooler Project 05/18/23 Printed 1931 SOUTH SALINAS VALLEY 25,000.00

BROADBAND
48638 05/19/23 Printed 4778 Annual SSVBA Membership Fee 48639 Monthly Monitoring 05/26/23 Printed 2 ALL - SAFE ALARMS 400.00 ALVAREZ TECHNOLOGY 5,925.99
GROUP INC.
48640 Computer Lease 05/26/23 Printed 2180
ARMANASCO PUBLIC 14,000.00

RELATIONS,
48641 Public Relations 05/26/23 Printed 3284
48642 Maintenance Cust. #4100059249 05/26/23 Printed 1618 AVAYA FINANCIAL SERVICES 641.26 48643 Release Payment 05/26/23 Printed 4336 TREVIN W BARBER 114,772.00 CAL COAST AUTOMOTIVE 250.00

REPAIR &
48644 Vehicle Maint. 05/26/23 Printed 3831
48645 Water Leak 05/26/23 Printed 1471 CAL COAST IRRIGATION, INC. 343.83 CENTRAL VALLEY 85.00

TOXICOLOGY, INC
48646 Drug Screen 05/26/23 Printed 3061
48647 Pick Up Materials - 5/18/23 05/26/23 Printed 4128 JOSE CHAVEZ 22.27 48648 PW Training 05/26/23 Printed 390 CITY OF SOLEDAD 745.24 48649 Building Inspection Services 05/26/23 Printed 3095 CSG CONSULTANTS INC. 23,867.50 48650 Evidence Supply 05/26/23 Printed 3303 CSI FORENSIC SUPPLY 37.21 48651 Tire Repair 05/26/23 Printed 3028 D & J TIRE SERVICE 50.00 48652 Livescan 05/26/23 Printed 1410 DEPARTMENT OF JUSTICE 288.00 48653 Dept Ammo 05/26/23 Printed 198 DOOLEY ENTERPRISES, INC. 2,897.56 EDGES ELECTRICAL GROUP 517.92
LLC
48654 Well Maint 05/26/23 Printed 3390
48655 Cooler CEQA Work - Rianda 05/26/23 Printed 507 EMC PLANNING GROUP INC. 5,879.00 48656 Janitorial Services - Feb 2023 05/26/23 Printed 1771 EMPLOY AMERICA 2,000.00 48657 Centro de Asistencia 05/26/23 Printed 4135 GUILLERMINA FLORES 94.32 GONZALES ACE HARDWARE 281.85
INC.
48658 Gloves/Hearing Headset. Earplugs 05/26/23 Printed 3274 48659 Irrigation Supplies 05/26/23 Printed 225 GONZALES IRRIGATION 211.72 48660 3 GNP Truemetrx 05/26/23 Printed 118 GONZALES RX PHARMACY 47.93 Packet Pg. 18
Attachment: Warrants #48569-48703 (2734 : Approve City Accounts Payable Warrants #48569-48703) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 3
Time: 10:05 am
Date: 06/01/2023
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
GONZALES TIRE & AUTO 25.39
SUPPLY
48661 Supplies 05/26/23 Printed 3477
48662 Void Check 05/26/23 Void 05/26/23 0.00
48663 January 2023 Fuel 05/26/23 Void 05/26/23 1109 GONZALES UNIFIED SCHOOL 0.00 48664 Uniform Cleaners 05/26/23 Void 05/26/23 2599 YSAURO GONZALES 0.00 48665 C H Copier 05/26/23 Void 05/26/23 4071 GREAT AMERICA FINANCIAL 0.00 48666 Property Tax - Jan - March 2023 05/26/23 Void 05/26/23 3326 HDL COREN & CONE 0.00 48667 Utility Billing 05/26/23 Printed 3485 INFOSEND, INC. 1,776.34 48668 Legal Services 05/26/23 Printed 2818 JARVIS FAY LLP. 3,024.00 48669 Soft Mount Turnout Gear Extractor 05/26/23 Printed 204 LN CURTIS & SONS 4,861.83 48670 Uniforms 05/26/23 Printed 72 MISSION UNIFORM SERVICE 452.70 MONTEREY COUNTY 15,215.05

ELECTIONS DEPT
48671 Ballot Measures 05/26/23 Printed 352
48672 05/26/23 Printed 4340 NATIONAL CIVIC LEAGUE All American Award Registration 1,050.00 48673 Parking Management 05/26/23 Printed 3821 PASSPORT LABS, INC. 3.31 48674 IW System Appraisal JJ & H Violini Co 05/26/23 Printed 1583 PIINI REALTY, INC. 12,000.00 PINNACLE MEDICAL GROUP, 729.00
INC.
48675 Employment Physical 05/26/23 Printed 4324
48676 05/26/23 Printed 4058 ALEX PRUNEDA Active Shooter Training 5/31 - 6/1/23 100.00 PUBLIC AGENCY 491.95

RETIREMENT
48677 PARS Admin Fee 05/26/23 Printed 3194
48678 Office Supply 05/26/23 Printed 115 QUILL CORP 1,907.32 48679 Local Assistance Center 05/26/23 Printed 4288 MONICA RICO 47.16 48680 Educational Cost Reimbursement 05/26/23 Printed 4325 TAYLOR RIVAS 755.00 48681 05/26/23 Printed 4341 DAVID RIVERA Active Shooter Training 5/31 - 6/1/23 100.00 SCHAAF & WHEELER, 13,342.50

CONSULTING
48682 Update Water Model 05/26/23 Printed 3894
48683 Internet 05/26/23 Printed 2673 SPECTRUM 1,199.00
48684 Roof @ Fire Station 05/26/23 Printed 4342 SSB CONTRACTING INC 997.00 48685 PM Services 05/26/23 Printed SWINERTON SWINERTON BUILDERS 36,276.75 T & T PAVEMENT MARKINGS 1,295.59
AND
48686 Street Paint 05/26/23 Printed 3455
THE SPCA OF MONTEREY 2,800.00
COUNTY
48687 05/26/23 Printed 1890 Animal Services
48688 Tracnet Annual Maint - Records Maint 05/26/23 Printed 2077 TRACNET 19,342.75 System
48689 CC Charges - 7380 05/26/23 Printed 3577 U.S. BANK 1,786.20 48690 CC Charges - Police- 4009 05/26/23 Printed 3577 U.S. BANK 2,747.03 48691 CC Charges - Public Works - 7356 05/26/23 Printed 3577 U.S. BANK 698.89 48692 CC Charges - City Manager #9668 05/26/23 Printed 3577 U.S. BANK 795.98 48693 Wastewater Treatment Operator 05/26/23 Printed 2260 FRANCISCO VALLADAREZ 110.00 Certification
VALLEY ELECTRIC MOTOR 6,136.22

SERVICE
48694 Equip Rebuild WWTP 05/26/23 Printed 132
48695 Vehicle Maint. 05/26/23 Printed 99 VOSTI'S, INC. 665.85 48696 Void Check 05/26/23 Void 05/26/23 0.00
48697 Gym Maint. 05/26/23 Printed 1109 GONZALES UNIFIED SCHOOL 45,487.40 48698 Uniform Cleaners 05/26/23 Printed 2599 YSAURO GONZALES 401.75 48699 C H Copier 05/26/23 Printed 4071 GREAT AMERICA FINANCIAL 1,717.70 48700 Property Tax - Jan - March 2023 05/26/23 Printed 3326 HDL COREN & CONE 2,373.24 48701 Sewer Model Updates 05/26/23 Printed 3989 PSOMAS 9,780.00 ALVAREZ TECHNOLOGY 1,911.69
GROUP, INC.
48702 Sonico Wall Renewal 05/26/23 Printed 3893
48703 FY 2021-22 Audit 05/26/23 Printed 3229 BRYANT JOLLEY C.P.A. 39,122.91 Total Checks: 135 Checks Total (excluding void checks): 815,713.01 Total Payments: 135 Bank Total (excluding void checks): 815,713.01 Total Payments: 135 Grand Total (excluding void checks): 815,713.01 Packet Pg. 19
Attachment: Warrants #48569-48703 (2734 : Approve City Accounts Payable Warrants #48569-48703) City of Gonzales

PUBLIC WORKS / CITY ENGINEER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: June 5, 2023
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, Acting City Manager
SUBJECT: Resolution No. 2023-29 Accepting the Skate Park Phase 2 as Complete

RECOMMENDATION
It is recommended that the City Council Adopt Resolution No. 2023-29, A Resolution of the City Council of the City of Gonzales Accepting the Skate Park Phase 2 Contract as complete, Authorize Staff to Record a Notice of Completion, and Release the Retention Monies to the Contractor.

BACKGROUND
American Ramp Company constructed Phase 1 of the Skate Park in 2017 and sufficient space for a second phase was provided for when funding was obtained by the city.

Proposition 68 was approved by California voters in 2018 and the measure is providing $4.0 Billion in park funding to all cities and counties in the state. Prop 68 includes an allotment of $178,800 to each city.

In early 2021, staff performed the required public outreach with skate park users and held a public hearing at the May 17, 2021 City Council meeting which included presenting the feedback received from the public.

At your September 19, 2022 meeting, the City Council authorized an agreement with American Ramp Company to install Phase 2 of the Skate Park for a not-to-exceed fee of $214,755. Funding for this contract came from $178,800 in Proposition 68 grant funds and $35,955 from the Public Facilities Impact Fund (Fund 241).

REVIEW & ANALYSIS
Upon execution of the construction agreement with American Ramp Company, they began fabricating the elements for the skate park over a four month period from October 2022 through January 2023. Field AGENDA
ITEM
9 Packet Pg. 20
construction began on January 17, 2023, they substantially completed the work on February 9, 2023 and all punch list items were completed on May 4, 2023.

Staff from the Office of Grants and Local Services with the California Department of Parks and Recreation inspected the project site May 12, 2023 and confirmed the project was complete and all grant requirements were met.

Staff recommends that the City Council accept the contract as complete and direct staff to record a Notice of Completion with the County Recorder and Release the Retention Monies to the Contractor.

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

Explain: Installing Phase Two improvements in the city’s Skate Park has provided for increased recreational opportunities for residents and visitors of all ages.

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: Expanding the Skate Park enhances the community’s quality of life.

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

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

ALTERNATIVES
There are no alternatives as the contract is complete and the last step is to accept the work.

BUDGET IMPACT
The contract with American Ramp Company was funded with $178,000 in Proposition 68 grant funds and $35,955 from the Public Facilities Impact Fund (Fund 241).

CONCLUSION
Packet Pg. 21
It is recommended that the City Council Adopt Resolution No. 2023-29, A Resolution of the City Council of the City of Gonzales Accepting the Skate Park Phase 2 Contract as complete, Authorize Staff to Record a Notice of Completion, and Release the Retention Monies to the Contractor.

Attachments:

1. Resolution 2023-29
Packet Pg. 22
RESOLUTION NO. 2023-29

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES ACCEPTING PHASE 2 OF THE SKATE PARK AS COMPLETE, AUTHORIZE

STAFF TO RECORD A NOTICE OF COMPLETION, AND RELEASE RETENTION

MONIES TO THE CONTRACTOR
WHEREAS, Phase 1 of the City Skate Park (“Park”) was completed in February 2018; and
WHEREAS, the elements for Phase 1 of Park were purposely set on one half of the site with the other half left empty until additional funds became available to construct Phase 2; and
WHEREAS, at the September 19, 2022 City Council Meeting, a $214,755 contract with American Ramp Company to fabricate and install Phase 2 of the Skate Park was authorized; and
WHEREAS, funding for this contract came from $178,800 in Proposition 68 grant funds and $35,955 from the Public Facilities Impact Fund (Fund 241); and WHEREAS, American Ramp Company began field operations on January 17, 2023, substantially completed the work on February 9, 2023 and completed the punch list items on May 4, 2023; and
WHEREAS, a Project Officer with the Office of Grants and Local Services with the California Department of Parks and Recreation inspected the project site May 12, 2023 and confirmed the project was complete and all grant requirements were met; and WHEREAS, Staff recommends that the Council accept the Skate Park Phase 2 contract as complete, direct staff to record a notice of completion with Monterey County, and release the five percent retention monies to the contractor; and NOW THEREFORE BE IT HEREBY RESOLVED by the City Council of the City of Gonzales that Phase 2 of the Skate Park is hereby accepted.

BE IT FURTHER RESOLVED that within ten days of adoption of this Resolution, City staff shall file with the County Recorder a Notice of Completion and release retention monies to the Contractor.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 5
th day of June 2023 by the following vote:

Packet Pg. 23
Attachment: Resolution 2023-29 (2724 : Resolution No. 2023-29 Accept Skate Park Phase 2 as Complete) AYES: COUNCILMEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_______________________________
Jose L. Rios, The Honorable Mayor
ATTEST:
______________________________
Mary Villegas, Deputy City Clerk
Packet Pg. 24
Attachment: Resolution 2023-29 (2724 : Resolution No. 2023-29 Accept Skate Park Phase 2 as Complete) City of Gonzales

PUBLIC WORKS / CITY ENGINEER DEPARTMENT

RECOMMENDATION
It is recommended that the City Council Adopt Resolution No. 2023-30, A Resolution of the City Council of the City of Gonzales Authorizing Execution of an Enterprise Agreement for Small Governments with ESRI at an Annual Cost of $15,500 for Geographic Information System Mapping Software. The $15,500 annual cost will be funded by $7,750 from the Water Enterprise Fund, and $7,750 from the Sewer Enterprise Fund.

BACKGROUND
In April 2020, the City Council authorized execution of an Enterprise Agreement for Small Governments with ESRI at an annual cost of $15,000. This allowed the city to transition to a more robust mapping system than the previous AutoCAD map. To date, public works staff has created over 30 maps including the following:

1. Stormwater outlets

2. City Facilities

3. City Parks

4. Public Restrooms

5. Public Health Facilities

6. Gonzales Schools

7. Water Quality Collection Points

8. Sewer, Water, Storm Maps

9. Proposed Development Projects

10. Street Trees

11. Parcel lines
AGENDA
ITEM
10 Packet Pg. 25

12. City Limits

13. Sphere of Influence boundary

14. Rural Fire Protection District boundary

15. Streetlights

16. Sewer, Water, Storm Map

17. Preliminary FEMA Flood mapping

18. Landscape Maintenance Service Areas

REVIEW & ANALYSIS
ESRI is a worldwide company that supplies and supports GIS software and applications. They are the main vendor of GIS systems with approximately 45% of the market.

Under the prior agreement ESRI hosted the City’s GIS data files and our agreement provides for up to 50 users. Staff recommends approval of a three-year extension contract with ESRI at an annual cost of $15,500.

Explain: Using the ESRI GIS system has improved the mapping and related data use by the City Public Works Department.

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: Implementing the ESRI GIS has improved the use of technology by city public works.

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.

ALTERNATIVES
Direct staff to seek additional proposals for this contract or amend and modify staff recommendation.

Packet Pg. 26

BUDGET IMPACT
The ESRI GIS contract will be funded with $7,750 from the Water Enterprise Fund and $7,750 from the Sewer Enterprise Fund.

CONCLUSIONS
It is recommended that the City Council Adopt Resolution No. 2023-30, A Resolution of the City Council of the City of Gonzales Authorizing Execution of an Enterprise Agreement for Small Governments with ESRI at an Annual Cost of $15,500 for Geographic Information System Mapping Software. The $15,500 annual cost will be funded by $7,750 from the Water Enterprise Fund, and $7,750 from the Sewer Enterprise Fund.

Attachments:

1. Resolution No. 2023-30

2. ESRI Small Local Government Cloud-Based Enterprise Agreement Packet Pg. 27
RESOLUTION NO. 2023-30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

AUTHORIZING EXECUTION OF AN ENTERPRISE AGREEMENT FOR SMALL GOVERNMENTS WITH ESRI AT AN ANNUAL COST OF $15,500 FOR

GEOGRAPHIC INFORMATION SYSTEM MAPPING SOFTWARE
WHEREAS, at the April 6, 2020 meeting, the City Council authorized a three year agreement with ESRI for a new Geographic Information System (GIS); and WHEREAS, over the last three years, public works staff has created over 30 GIS maps; and
WHEREAS, ESRI is a world-wide company that supplies and supports GIS software and applications with approximately 45% of the GIS market; and WHEREAS, staff recommends the City Council authorize execution of an Enterprise Agreement for Small Governments with ESRI for continued use of GIS Mapping software; and WHEREAS, the annual $15,500 cost will be funded by $7,750 from the Water Enterprise Fund, $7,750 from the Sewer Enterprise Fund.

NOW THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Gonzales hereby authorizes a three year contract with ESRI for GIS Mapping software.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 5
th day of June 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_______________________________
Jose L. Rios, The Honorable Mayor
ATTEST:
____________________________
Mary Villegas, Deputy City Clerk
Packet Pg. 28
Attachment: Resolution No. 2023-30 (2725 : Resolution No. 2023-30 ESRI for GIS Mapping Subscription) Quotation # Q-477283
Date: May 2, 2023
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 626791 Contract #
City of Gonzales
City Manager Dept
147 4th St
Gonzales, CA 93926-2636
To expedite your order, please attach a copy of ATTENTION: Patrick Dobbins this quotation to your purchase order. PHONE: (831) 675-5000 Quote is valid from: 5/2/2023 To: 7/31/2023 EMAIL: [email protected] Material Qty Term Unit Price Total
168362 1 Year 1 $15,500.00 $15,500.00
Population of 0 to 15,000 Small Local Government Cloud-Based Enterprise Agreement Annual Subscription 168362 1 Year 2 $15,500.00 $15,500.00
Population of 0 to 15,000 Small Local Government Cloud-Based Enterprise Agreement Annual Subscription 168362 1 Year 3 $15,500.00 $15,500.00
Population of 0 to 15,000 Small Local Government Cloud-Based Enterprise Agreement Annual Subscription Subtotal: $46,500.00
Sales Tax: $0.00
Estimated Shipping and Handling (2 Day Delivery): $0.00 Contract Price Adjust: $0.00
Total: $46,500.00
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

Peter Thomas
Email:
[email protected]
Phone:
909 369 5555 ext. 2192 x2192
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.

THOMASP This offer is limited to the terms and conditions incorporated and attached herein. Packet Pg. 29 Attachment: ESRI Small Local Government Cloud-Based Enterprise Agreement (2725 : Resolution No. 2023-30 ESRI for GIS Mapping Esri Use Only:

Cust. Name
Cust. #
PO #
Esri Agreement #

Page 1 of 6 ends

SMALL ENTERPRISE AGREEMENT

LOCAL GOVERNMENT CLOUD-BASED
(E214-7)
This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri").

This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.

Table A
List of Products
Uncapped Quantities
Desktop Software and Extensions (Single Use)
ArcGIS Desktop Advanced
ArcGIS Desktop Standard
ArcGIS Desktop Basic
ArcGIS Desktop Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS
Schematics, ArcGIS Workflow Manager, ArcGIS Data
Reviewer
Developer Tools
ArcGIS Runtime Standard
ArcGIS Runtime Analysis Extension
Limited Quantities
One (1) Professional subscription to ArcGIS Developer
Two (2) ArcGIS CityEngine Single Use Licenses
50 ArcGIS Online Viewers
50 ArcGIS Online Creators
10,000 ArcGIS Online Service Credits
2 ArcGIS Insights in ArcGIS Online

OTHER BENEFITS
Number of Esri User Conference registrations provided annually 2 Number of Tier 1 Help Desk individuals authorized to call Esri 2 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement
*Additional sets of backup media may be purchased for a fee Packet Pg. 30
Attachment: ESRI Small Local Government Cloud-Based Enterprise Agreement (2725 : Resolution No. 2023-30 ESRI for GIS Mapping

Page 2 of 6 ends

Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE

ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date").

Term of Agreement: Three (3) years
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement.

Accepted and Agreed:
(Customer)
By:

Authorized Signature
Printed Name:

Title:

Date:

CUSTOMER CONTACT INFORMATION
Contact: Telephone:

Address: Fax:

City, State, Postal Code: E-mail:

Country:

Quotation Number (if applicable):

Packet Pg. 31
Attachment: ESRI Small Local Government Cloud-Based Enterprise Agreement (2725 : Resolution No. 2023-30 ESRI for GIS Mapping

Page 3 of 6 ends

1.0—ADDITIONAL DEFINITIONS
In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:
"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.
"Deploy", "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's
organization(s).
"Fee" means the fee set forth in the Quotation.
"Maintenance" means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.
"Master Agreement" means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at https://www.esri.com/enus/legal/terms/full-master-agreement and available in the installation process requiring acceptance by
electronic acknowledgment or (ii) a signed Esri
master agreement or license agreement that
supersedes such electronically acknowledged
master agreement.
"Product(s)" means the products identified in
Table A—List of Products and any updates to the list
Esri provides in writing.
"Quotation" means the offer letter and quotation
provided separately to Customer.
"Technical Support" means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.
"Tier 1 Help Desk" means Customer's point of
contact(s) to provide all Tier 1 Support within
Customer's organization(s).
"Tier 1 Support" means the Technical Support
provided by the Tier 1 Help Desk.
"Tier 2 Support" means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.

2.0—ADDITIONAL GRANT OF LICENSE

2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A—List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.

2.2 Consultant Access. Esri grants Customer the
right to permit Customer's consultants or
contractors to use the Products exclusively for
Customer's benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third-party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.

3.0—TERM, TERMINATION, AND EXPIRATION

3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.

3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.

3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.

3.4 Termination for Lack of Funds. For an
Agreement with government or governmentPacket Pg. 32
Attachment: ESRI Small Local Government Cloud-Based Enterprise Agreement (2725 : Resolution No. 2023-30 ESRI for GIS Mapping

Page 4 of 6 ends

owned entities, either party may terminate this
Agreement before any subsequent year if
Customer is unable to secure funding through
the legislative or governing body's approval
process.

3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.

4.0—PRODUCT UPDATES

4.1 Future Updates. Esri reserves the right to
update the list of Products in Table A—List of
Products by providing written notice to
Customer. Customer may continue to use all
Products that have been Deployed, but support
and upgrades for deleted items may not be
available. As new Products are incorporated into
the standard program, they will be offered to
Customer via written notice for incorporation into
the Products schedule at no additional charge.

Customer's use of new or updated Products
requires Customer to adhere to applicable
additional or revised terms and conditions in the
Master Agreement.

4.2 Product Life Cycle. During the Term of
Agreement, some Products may be retired or
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,
which can be found at
https://support.esri.com/en/otherresources/product-life-cycle. Updates for Products in the mature and retired phases may
not be available. Customer may continue to use
Products already Deployed, but Customer will
not be able to Deploy retired Products.

5.0—MAINTENANCE
The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
https://www.esri.com/enus/legal/terms/maintenance). At Esri's sole discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other
than the defined Products will receive Maintenance.

Customer may acquire maintenance for other
Software outside this Agreement.
a. Tier 1 Support

1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer's authorized users.

2. The Tier 1 Help Desk will be fully trained in
the Products.

3. At a minimum, Tier 1 Support will include
those activities that assist the user in
resolving how-to and operational questions
as well as questions on installation and
troubleshooting procedures.

4. The Tier 1 Help Desk will be the initial point
of contact for all questions and reporting of a
Case. The Tier 1 Help Desk will obtain a full
description of each reported Case and the
system configuration from the user. This
may include obtaining any customizations,
code samples, or data involved in the Case.

5. If the Tier 1 Help Desk cannot resolve the
Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
solutions to problems available to
Customer’s organization.

6. Tier 1 Help Desk individuals are the only
individuals authorized to contact Tier 2
Support. Customer may change the Tier 1
Help Desk individuals by written notice to
Esri.
b. Tier 2 Support

1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.

2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.

3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or
answers to additional questions to
Packet Pg. 33
Attachment: ESRI Small Local Government Cloud-Based Enterprise Agreement (2725 : Resolution No. 2023-30 ESRI for GIS Mapping

Page 5 of 6 ends

supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.

4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.

5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).

6.0—ENDORSEMENT AND PUBLICITY
This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer's
endorsement of Products. Either party may publicize
the existence of this Agreement.

7.0—ADMINISTRATIVE REQUIREMENTS

7.1 OEM Licenses. Under Esri's OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners' business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.

Customer will not decouple Esri products or
services from the OEM partners' application or
service.

7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.

8.0—ORDERING, ADMINISTRATIVE

PROCEDURES, DELIVERY, AND

DEPLOYMENT

8.1 Orders, Delivery, and Deployment
a. Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi-year Agreement, Esri may invoice the
Fee up to thirty (30) calendar days before the
annual anniversary date for each year.
b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri reserves the right to suspend
Customer's access to and use of Products if
Customer fails to pay any undisputed amount
owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent (1.0%) per month or the
maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
for any overdue balance that remains unpaid
ten (10) days after Esri has notified Customer of
the past-due balance.
c. Esri's federal ID number is 95-2775-732.
d. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.

8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi-year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.
a. All orders pertaining to this Agreement will be
processed through Customer's centralized point
of contact.
b. The following information will be included in
each Ordering Document:
(1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
(2) Order number
(3) Applicable annual payment due
Packet Pg. 34
Attachment: ESRI Small Local Government Cloud-Based Enterprise Agreement (2725 : Resolution No. 2023-30 ESRI for GIS Mapping

Page 6 of 6 ends

9.0—MERGERS, ACQUISITIONS, OR

DIVESTITURES
If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's
organization (subsections i, ii, and iii, collectively
referred to as "Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.

9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.

9.2 If an Ownership Change results in transfer or
sale of a portion of Customer's organization, that
portion of Customer's organization will transfer
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.

9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.

Packet Pg. 35
Attachment: ESRI Small Local Government Cloud-Based Enterprise Agreement (2725 : Resolution No. 2023-30 ESRI for GIS Mapping City of Gonzales

CITY MANAGER DEPARTMENT

STAFF REPORT
TO:

DATE:

FROM:

Honorable Mayor Rios and City Council
June 5, 2023
Carmen Gil, Acting City Manager
SUBJECT: Resolution No. 2023-35 Declaring Juneteenth (June 19) an Official City Holiday

RECOMMENDATION
It is recommended that the City Council Adopt Resolution No. 2023-35, A Resolution of the City Council of the City of Gonzales Declaring Juneteenth (June 19) an Official City Holiday and Amending the City‘s Personnel Policy to Add Juneteenth to the List of Paid Holidays for City Employees.

BACKGROUND
On June 20, 2022, the Council instructed staff to make Juneteenth (June 19) a holiday, and at the Council meeting on December 5, 2022, the Council adopted the revised Meeting Calendar (Attachment 1) for the year, which included Juneteenth as a holiday.

REVIEW & ANALYSIS
June 19 (Juneteenth) marks the day in 1865 when the Union Army arrived in Galveston, Texas, two years after President Abraham Lincoln issued the Emancipation Proclamation and declared more than three million salves living in the Confederate states free. It was until the Army came that the State’s residents finally learned that slavery had been abolished. The following year on June 19, 1866, the first official Juneteenth celebrations took place in Texas. Since then, official celebrations have spread throughout the US in remembrance of the occasion. In 2021, it became a national holiday. Today, all but one state recognizes the day in some shape or form. Its recognition honors those who suffered as a result of slavery and helps to increase awareness of the past, present, and future struggles for equality.

ALTERNATIVES
The Council can reconsider making Juneteenth a holiday.

AGENDA
ITEM
11 Packet Pg. 36

BUDGET IMPACT
There is no impact to the budget as the day was already budgeted for.

CONCLUSION
It is recommended that the City Council Adopt Resolution No. 2023-35, A Resolution of the City Council of the City of Gonzales Declaring Juneteenth (June 19) an Official City Holiday and Amending the City‘s Personnel Policy to Add Juneteenth to the List of Paid Holidays for City Employees.

Attachments:

1. Council Meetings Calendar

2. Resol 2023-35 with Exhibit A
Packet Pg. 37
Attachment 1
2023 City Council Meetings Calendar
Month
Due to holidays & conflicts, some dates
may not fall on the specific day or month
Meeting Date
MONDAY
(unless specified)
JANUARY Jan-9 (due to New Year’s Holiday)
Jan-17 (Tuesday, due to Martin Luther King, Jr. Holiday) FEBRUARY Feb-6
Feb-21 (Tuesday, due to President’s Day Holiday)
MARCH Mar-6
Mar-20
APRIL Apr-3
Apr-17
MAY May-1
May-15
JUNE Jun-5
Jun-20 (Tuesday, due to Juneteenth Holiday)
JULY Jul-3 (Cancelled due to Summer Recess)
Jul-17
AUGUST Aug-7
Aug-21
SEPTEMBER Sep-5 (Tuesday, due to Labor Day Holiday)
Sep-18
OCTOBER Oct-2
Oct-16
NOVEMBER Nov-6
Nov-20
DECEMBER Dec-4
Dec-18 (Cancelled due to Holidays)
Regular meetings are held every 1st and 3rd Monday of the month (unless otherwise specified)
at 6:00 p.m. in the City Council Chambers
117 Fourth Street, Gonzales, CA 93926
Packet Pg. 38
Attachment: Council Meetings Calendar (2732 : Resolution No. 2023-35 Declaring Juneteenth (June 19) an Official City Holiday) RESOLUTION NO. 2023-35

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES DECLARING JUNETEENTH (JUNE 19) AN OFFICAL CITY HOLIDAY AND AMENDING THE CITY’S PERSONNEL POLICY TO ADD JUNETEENTH TO THE

LIST OF PAID HOLIDAYS FOR CITY EMPLOYEES
WHEREAS, June 19, Juneteenth marks the date in 1865 when the Union Army arrived in the last Confederate State of Texas to receive the announcement of the end of slavery; and WHEREAS, the Emancipation Proclamation was read and enforced, almost two-and-a-half years after President Abraham Lincoln issued it on January 1, 1863; and WHEREAS, on June 19, 1866, the first anniversary of the occasion was celebrated by Black Americans during a festival of remembrance that subsequently spread throughout the United States of America; and
WHEREAS, Juneteenth is the oldest celebration of the end of slavery in the United States; and WHEREAS, the formal recognition of Juneteenth will provide for official recognition of this momentous day, it will honor those who suffered, and will increase awareness of the past, present, and future struggle for equality; and
WHEREAS, the City of Gonzales strives to be an inclusive and welcoming community for all.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GONZALES HEREBY RESOLVES:

Section 1. June 19 shall henceforth be recognized and celebrated by the City of Gonzales as Juneteenth.

Section 2. Section 8.02 of the Personnel Policies shall be amended as indicated in Exhibit A to include Juneteenth as a holiday officially recognized by the City.

PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting duly held on the 5th day of June, 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
________________________________
Jose L. Rios, The Honorable Mayor
ATTEST:
_______________________________
Mary Villegas, Deputy City Clerk
Packet Pg. 39
Attachment: Resol 2023-35 with Exhibit A (2732 : Resolution No. 2023-35 Declaring Juneteenth (June 19) an Official City Holiday) CHAPTER 8

HOLIDAYS

8.01 Statement of Policy
Permanent employees shall receive eight (8) hours of holiday pay for each approved City holiday.

Permanent part-time employees working fifty percent (50%) or more of a regular full-time position's schedule shall receive holiday pay in proportion to the number of hours regularly worked.

Temporary employees shall not be paid for holidays.

8.02 City Holidays
The following holidays are recognized as municipal holidays and all non-police employees eligible for holiday pay shall have these days off, except as provided herein.

A. January first (New Year's Day)
B. Third Monday in January (Martin Luther King Jr. Day) C. Third Monday in February (Washington's Birthday)
D. Last Monday in May (Memorial Day)
E. June 19 (Juneteenth)
F. July 4 (Independence Day)
G. First Monday in September (Labor Day)
H. November 11 (Veterans' Day)
I. Fourth Thursday in November (Thanksgiving Day)
J. Fourth Friday in November (The day following Thanksgiving) K. December 24 (Christmas Eve)
L. December 25 (Christmas)

EXHIBIT A
Packet Pg. 40
Attachment: Resol 2023-35 with Exhibit A (2732 : Resolution No. 2023-35 Declaring Juneteenth (June 19) an Official City Holiday) City of Gonzales

CITY ATTORNEY

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: June 5, 2023
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, Acting City Manager
SUBJECT: Transition to District-Based Elections for Councilmembers – Proposed District Maps – Public Hearing #4

RECOMMENDATION
Staff recommends that the City Council conduct a public hearing, receive public comment, provide feedback to the demographic consultant regarding the draft Council District boundary maps, and consider designating a preferred map for inclusion in the ordinance that is to be drafted and brought to the Council for possible introduction following the public hearing on this topic on June 20, 2023.

BACKGROUND
The City Council has initiated the process for conversion from the current at-large voting system for selecting councilmembers to a “by-district” system. Two public hearings were conducted on October 25 and December 14, 2022 at which the City’s consultant in this matter, National Demographics Corporation (“NDC”), explained the conversion process, explained the methods by which voting districts are formed, and received comments and questions from the City Council and members of the public. (The first two meetings were held as joint meetings with the City of Soledad as a convenient cost-savings effort, with one meeting held in Gonzales and one meeting held in Soledad.) A third public hearing was held on March 23, 2023, at which the Council received public input and Council comments on three draft districting maps that have been prepared and professionally reproduced by NDC. The maps have been prepared in compliance with the criteria established by the Fair Maps Act- Elections Code Section 21601, and the maps and accompanying demographic profiles for each map have been available to the public on the City’s website since March 9, 2023. Map drafting requirements include that districts shall be substantially equal in population, shall to the extent practicable be geographically contiguous, shall to the extent practicable respect the geographic integrity of any local neighborhood or local community of interest, shall be easily identifiable and understandable to residents (bounded by natural and artificial barriers, streets and city boundaries), and to the extent practicable, shall be drawn to AGENDA
ITEM
13 Packet Pg. 41
encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations. After comment from a number of persons was received at the public hearing, and additional comment was provided by the City Council, the Maroon Map was preliminarily chosen as the favorite option by a majority of the Council.

REVIEW AND ANALYSIS
The purpose of holding this fourth public hearing is to receive further input and comments from the Council and the public on any of the three draft maps that have been previously prepared by NDC, and made available to the public since early March. As of the date of the preparation of this report, no additional maps have been submitted by the public.

At the conclusion of the public hearing, the Council will have the opportunity to once again discuss the maps, to direct NDC to develop new or revised maps for consideration at a subsequent hearing, and/or to select a preferred map and election sequence for inclusion in a resolution or ordinance for formal adoption at an upcoming meeting. The election sequence is the order and timing at which elections occur in the newly formed districts in 2024 and 2026.

The NDC consultant will be appearing virtually this evening but will be available for comment and questions as necessary.

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: District mapping is arguably a means of ensuring that the elected Council better represents the heritage of the City and results in all community members having a say in maintaining the important qualities that make Gonzales a special place to live.

Explain: See above.

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

Explain: N/A.

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

Packet Pg. 42

ALTERNATIVES
Both the Council and the public are free to request modifications to any of the maps presented this evening.

BUDGET IMPACT
At this point the only cost the City has incurred is the previously approved cost for the City’s consultant.

The mapping activities discussed this evening are covered by such costs.

PLANNING COMMISSION RECOMMENDATION
None required.

PUBLIC NOTICE REQUIREMENTS
This evening’s public hearing was noticed by posting on the City’s website and Facebook page, and physically posted at City Hall and Council Chambers.

Attachments:

1. Public Hearing Notice

2. Plans and Demographic Profiles for Three Draft Maps
Packet Pg. 43
Gonzales will continue to be a safe, clean, family-friendly community, diverse in heritage, and committed to working collaboratively to preserve and retain its small town charm

NOTICE OF PUBLIC HEARING
A Public Hearing has been scheduled pursuant to Elections Code section 10010, to seek public comment on the draft council district maps prepared for By-District Gonzales City Council Elections as follows:

Monday, June 5, 2023
at 6:00 p.m. at the
Council Chambers
117 Fourth Street
Gonzales CA, 93936
At this hearing, the public is invited to provide input regarding the content of draft districting maps and the proposed sequence of elections.

The draft election area maps may be viewed on the City’s website at www.gonzalesca.gov or at City Hall at 147 Fourth Street, Gonzales, CA 93926.

Please call the District at (831) 675-5000 if you have any questions.

P.O. BOX 647 147 FOURTH ST. GONZALES, CALIFORNIA 93926
PHONE: (831) 675-5000 FAX: (831) 675-2644 www.gonzalesca.gov Packet Pg. 44
Attachment: Public Hearing Notice (2730 : Transition to District-Based Elections – Proposed District Maps – Public Hearing #4) 1 2
4 3
Johnson Crk

EL CAM REAL S
S Alta St
Gloria Rd
Jersey
Dr
Katherine St
Gonzales River Rd
Rincon Rd
Fanoe Rd
Burgundy Way
Brockman Dr
Herold Pky
Chablis Way
Fremen Ln
Elko St
5th St
Colombard Cir
Champagne Way
Cabernet Dr
Fairview Dr
Charolais Dr
Centennial Dr
Venice Way
Alta
St
Tavernetti Rd
Merlot Way
8th St
Sommer Dr
Gamay Pl
Cielo Vista Ave
Longhorn
Dr
Belden St
B St
Michael Cir
A St
C St
Fredrick Cir
Del Monte Dr
Mustang
Way
Rhone Way
10th St
Holstein Way
Day St
S Belden St
3rd St
Center St
2nd St
S Center St
Gonzalez Cir
7th St
Amore Ct
Devon
Way
1st St
4th St
Rincon Cir
Chianti Way
Gloria Ct
Rincon Ct
Angus Dr
Juri Cir
6th St
City of Gonzales2023 Districting
National Demographics Corporation, February 22, 2023.

Proposed Election Sequence:2024: Districts 2 (Funk)2026: Districts 1 (Orozco & Worthy), 3 (Silva) and 4 (vacant) Zero-population, non-contiguousCity territory is included in District 3.

Map layers
Tan
Railroad
River
Streets
Water Area
©2021 CALIPER Packet Pg. 45
Attachment: Plans and Demographic Profiles for Three Draft Maps (2730 : Transition to District-Based Tan
District 1
Total Pop 2,152
Deviation from ideal -14
% Deviation -0.65%
% Hisp 89.3%
% NH White 7%
% NH Black 0%
% Asian-American 3%
Total 989
% Hisp 73%
% NH White 21%
% NH Black 0%
% Asian/Pac.Isl. 6%
Total 959
% Latino est. 88%
% Spanish-Surnamed 79%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 15%
% NH Black 2%
Total 718
% Latino est. 86%
% Spanish-Surnamed 78%
% Asian-Surnamed 1%
% Filipino-Surnamed 2%
% NH White est. 16%
% NH Black 2%
Total 466
% Latino est. 85%
% Spanish-Surnamed 77%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 16%
% NH Black est. 2%
ACS Pop. Est. Total 2,011
age0-19 34%
age20-60 53%
age60plus 13%
immigrants 32%
naturalized 21%
english 31%
spanish 68%
asian-lang 1%
other lang 0%
Language Fluency Speaks Eng. "Less than Very Well" 20%
hs-grad 50%
bachelor 5%
graduatedegree 5%
Child in Household child-under18 50%
Pct of Pop. Age 16+ employed 59%
income 0-25k 5%
income 25-50k 23%
income 50-75k 12%
income 75-200k 46%
income 200k-plus 14%
single family 98%
multi-family 2%
rented 24%
owned 76%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

7.80%
92%
5%
0%
2%
4,079
83%
13%
0%
3%
3,462
89%
83%
1%
2%
12%
1%
2,500
88%
81%
1%
1%
13%
1%
1,588
84%
78%
1%
1%
16%
1%
8,581
33%
55%
12%
32%
20%
29%
70%
1%
0%
27%
56%
4%
3%
55%
64%
11%
24%
16%
44%
5%
77%
23%
45%
55%
02/22/2023 19:30 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
Packet Pg. 46
Attachment: Plans and Demographic Profiles for Three Draft Maps (2730 : Transition to District-Based Elections – Proposed District Maps – 1 4
2 3
Johnson Crk

EL CAM REAL S
S Alta St
Gloria Rd
Jersey
Dr
Katherine St
Gonzales River Rd
Rincon Rd
Fanoe Rd
Burgundy Way
Brockman Dr
Herold Pky
Chablis Way
Fremen Ln
Elko St
5th St
Colombard Cir
Champagne Way
Cabernet Dr
Fairview Dr
Charolais Dr
Centennial Dr
Venice Way
Alta
St
Tavernetti Rd
Merlot Way
8th St
Sommer Dr
Gamay Pl
Cielo Vista Ave
Longhorn
Dr
Belden St
B St
Michael Cir
A St
C St
Fredrick Cir
Del Monte Dr
Mustang
Way
Rhone Way
10th St
Holstein Way
Day St
S Belden St
3rd St
Center St
2nd St
S Center St
Gonzalez Cir
7th St
Amore Ct
Devon
Way
1st St
4th St
Rincon Cir
Zinfandel Cir
Gloria Ct
Rincon Ct
Angus Dr
Juri Cir
6th St
City of Gonzales2023 Districting
National Demographics Corporation, February 22, 2023.

Proposed Election Sequence:2024: Districts 2 (Funk)2026: Districts 1 (Orozco & Worthy), 3 (Silva) and 4 (vacant) Zero-population, non-contiguousCity territory is included in District 3.

Map layers
Maroon
Railroad
River
Streets
Water Area
©2021 CALIPER Packet Pg. 47
Attachment: Plans and Demographic Profiles for Three Draft Maps (2730 : Transition to District-Based Maroon
District 1
Total Pop 2,212
Deviation from ideal 46
% Deviation 2.12%
% Hisp 89.5%
% NH White 6%
% NH Black 0%
% Asian-American 3%
Total 971
% Hisp 77%
% NH White 17%
% NH Black 0%
% Asian/Pac.Isl. 6%
Total 998
% Latino est. 88%
% Spanish-Surnamed 80%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 14%
% NH Black 2%
Total 728
% Latino est. 86%
% Spanish-Surnamed 79%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 15%
% NH Black 2%
Total 473
% Latino est. 83%
% Spanish-Surnamed 77%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 16%
% NH Black est. 2%
ACS Pop. Est. Total 2,005
age0-19 36%
age20-60 52%
age60plus 12%
immigrants 32%
naturalized 22%
english 27%
spanish 72%
asian-lang 1%
other lang 0%
Language Fluency Speaks Eng. "Less than Very Well" 21%
hs-grad 51%
bachelor 5%
graduatedegree 4%
Child in Household child-under18 54%
Pct of Pop. Age 16+ employed 61%
income 0-25k 4%
income 25-50k 21%
income 50-75k 12%
income 75-200k 51%
income 200k-plus 12%
single family 98%
multi-family 2%
rented 19%
owned 81%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

5.49%
92%
5%
0%
2%
4,079
83%
13%
0%
3%
3,462
89%
83%
1%
2%
12%
1%
2,500
88%
81%
1%
1%
13%
1%
1,588
84%
78%
1%
1%
16%
1%
8,581
33%
55%
12%
32%
20%
29%
70%
1%
0%
27%
56%
4%
3%
55%
64%
11%
24%
16%
44%
5%
77%
23%
45%
55%
02/22/2023 19:29 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
Packet Pg. 48
Attachment: Plans and Demographic Profiles for Three Draft Maps (2730 : Transition to District-Based Elections – Proposed District Maps – 1 3
2 4
Johnson Crk

EL CAM REAL S
S Alta St
Gloria Rd
Jersey
Dr
Katherine St
Gonzales River Rd
Rincon Rd
Fanoe Rd
Burgundy Way
Brockman Dr
Herold Pky
Chablis Way
Fremen Ln
Elko St
5th St
Colombard Cir
Champagne Way
Cabernet Dr
Fairview Dr
Charolais Dr
Centennial Dr
Venice Way
Alta
St
Tavernetti Rd
Merlot Way
8th St
Sommer Dr
Gamay Pl
Cielo Vista Ave
Longhorn
Dr
Belden St
B St
Michael Cir
A St
C St
Fredrick Cir
Del Monte Dr
Mustang
Way
Rhone Way
10th St
Holstein Way
Day St
S Belden St
3rd St
Center St
2nd St
S Center St
Gonzalez Cir
7th St
Amore Ct
Devon
Way
1st St
4th St
Rincon Cir
Chianti Way
Zinfandel Cir
Gloria Ct
Rincon Ct
Angus Dr
Juri Cir
6th St
City of Gonzales2023 Districting
National Demographics Corporation, February 22, 2023.

Proposed Election Sequence:2024: Districts 2 (Funk)2026: Districts 1 (Orozco & Worthy), 3 (Silva) and 4 (vacant) Zero-population, non-contiguousCity territory is included in District 4.

Map layers
Orange
Railroad
River
Streets
Water Area
©2021 CALIPER Packet Pg. 49
Attachment: Plans and Demographic Profiles for Three Draft Maps (2730 : Transition to District-Based Orange
District 1
Total Pop 2,181
Deviation from ideal 15
% Deviation 0.69%
% Hisp 89.5%
% NH White 6%
% NH Black 0%
% Asian-American 3%
Total 977
% Hisp 77%
% NH White 17%
% NH Black 0%
% Asian/Pac.Isl. 6%
Total 1,011
% Latino est. 89%
% Spanish-Surnamed 81%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 14%
% NH Black 2%
Total 736
% Latino est. 87%
% Spanish-Surnamed 79%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 15%
% NH Black 2%
Total 474
% Latino est. 84%
% Spanish-Surnamed 77%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 16%
% NH Black est. 2%
ACS Pop. Est. Total 1,985
age0-19 35%
age20-60 52%
age60plus 12%
immigrants 32%
naturalized 22%
english 28%
spanish 71%
asian-lang 1%
other lang 0%
Language Fluency Speaks Eng. "Less than Very Well" 21%
hs-grad 51%
bachelor 5%
graduatedegree 4%
Child in Household child-under18 53%
Pct of Pop. Age 16+ employed 61%
income 0-25k 4%
income 25-50k 22%
income 50-75k 12%
income 75-200k 50%
income 200k-plus 13%
single family 98%
multi-family 2%
rented 20%
owned 80%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 2,157
-9
-0.42%
93%
4%
1%
1%
1,023
94%
3%
0%
3%
939
91%
86%
0%
2%
8%
1%
657
93%
85%
0%
2%
9%
2%
410
89%
81%
1%
1%
12%
2%
2,007
33%
57%
10%
32%
21%
19%
80%
1%
0%
28%
61%
3%
2%
66%
70%
8%
16%
16%
59%
0%
84%
16%
24%
76%
3 2,165
-1
-0.05%
91%
5%
0%
2%
1,093
76%
19%
0%
4%
818
86%
79%
1%
2%
15%
0%
624
84%
77%
1%
1%
16%
0%
407
80%
74%
1%
1%
18%
0%
2,267
28%
59%
12%
32%
18%
37%
63%
0%
0%
24%
55%
3%
3%
47%
61%
18%
27%
15%
34%
7%
75%
25%
55%
45%
4 2,161
-5
-0.23%
94%
4%
0%
1%
986
85%
14%
0%
0%
694
91%
85%
0%
1%
11%
0%
483
89%
83%
0%
1%
13%
0%
297
84%
79%
1%
1%
16%
0%
2,323
36%
52%
12%
31%
18%
32%
68%
0%
0%
35%
59%
4%
1%
53%
65%
13%
30%
20%
38%
0%
57%
43%
72%
28%
Total
8,664
24 1.11%
92%
5%
0%
2%
4,079
83%
13%
0%
3%
3,462
89%
83%
1%
2%
12%
1%
2,500
88%
81%
1%
1%
13%
1%
1,588
84%
78%
1%
1%
16%
1%
8,581
33%
55%
12%
32%
20%
29%
70%
1%
0%
27%
56%
4%
3%
55%
64%
11%
24%
16%
44%
5%
77%
23%
45%
55%
02/22/2023 19:30 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
Packet Pg. 50
Attachment: Plans and Demographic Profiles for Three Draft Maps (2730 : Transition to District-Based Elections – Proposed District Maps – City of Gonzales

COMMUNITY DEVELOPMENT DEPARTMENT

STAFF REPORT
TO:

DATE:

FROM:

Honorable Mayor Rios and City Council
June 5, 2023
Brent Slama, Brent Slama Consulting
THROUGH: Carmen Gil, Acting City Manager
SUBJECT: Adoption of Ordinance No. 2023-137 Approving the Pre-Zoning of the Gonzales Cooler Development Property to Industrial

RECOMMENDATION
It is recommended that the Gonzales City Council take the following actions:
• Receive the staff report;
• Receive public comment;
• Council Discussion; and
• Waive Second Reading, Read by Title Only, and Adopt Ordinance No. 2023-137 “An Ordinance of the City Council of the City of Gonzales Approving the Pre-zoning of the Gonzales Cooler Development Property to Industrial.”

BACKGROUND
The Rianda property (APN: 223-032-019) is partially within the City limits of Gonzales and is included in its entirety in the 2010 Gonzales General Plan and was also included within the 2014 Sphere of Influence Expansion approved by LAFCO. On May 15, 2023 the City Council approved multiple actions to Adopt the Mitigated Negative Declaration under CEQA and the Mitigation Monitoring Program, approve a General Plan Amendment, introduce and conduct the first reading of Pre-Zoning to Industrial by ordinance, and initiation of an application for annexation from the City to the Monterey County Local Agency Formation Commission (LAFCO).

AGENDA
ITEM
14 Packet Pg. 51
In order to adopt the ordinance, the City Council must take action to waive the second reading and read by title only and adopt Ordinance No. 2023-137. The ordinance would go into effect 30 days after adoption.

REVIEW AND ANALYSIS
Location
The Rianda Family Partnership (Project Applicant) proposes the Gonzales Cooler agricultural support facility on 44.8 acres of its 103.54-acre property (APN 223-032-019) on the north side of Gloria Road as described in the application materials on file with the City (Cooler Project) and as shown on the site plan on file with the City (Project Site).

All sides of the project are currently surrounded by active agricultural uses. Potential future uses include Highway Commercial to the West, residential development to the northwest, and Specific Plan development to the east. South of the project is considered to be a permanent agricultural edge in accordance with the 2014 City/County Memorandum of Understanding.

Facility
The proposed project in Gonzales, as stated by the applicant, is a “313,800 square foot facility (243,800 square feet in base configuration with a 70,000 square foot future expansion) which will be planned on

44.8 acres of a 103.54-acre parcel. The facility will consist of approximately 210,000 square feet of raw product cold storage and processing lines where the produce will be cleaned, sized, packaged, and shipped, as well as approximately 33,800 square feet of office administration space and miscellaneous mechanical and storage rooms and shop areas.

Pre-zoning
As part of the action to consider the project and annex the property into the City of Gonzales, both the City and LAFCO require that an ordinance be adopted by the City Council indicating the “pre-zoning” for the area to be annexed. This pre-zoning designation would then be applied to the official zoning map of the City upon certification of the annexation and would take immediate effect.

The purpose of pre-zoning is for the City and LAFCO to determine the impact that would occur upon the annexation of lands, the conversion of lands from their existing uses, and the potential impact of future development based on the zoning changes. Pre-zoning in this case to “Industrial” is necessary to conditionally approve the cooler use upon annexation, since it is the only zone under the Gonzales Municipal Code that will allow that type of use. As stated per the Municipal Code, “the intent of the industrial (I) district is to provide areas for general industrial, manufacturing, wholesale, and service uses needed by the city and region subject to regulation necessary to protect other nearby uses from hazards, noise, and other disturbances.”
Environmental Review
As part of the project, the City Council took action on May 15, 2023, to adopt the Gloria Road Agricultural Project Initial Study/Mitigated Negative Declaration that fully analyzes the environmental impacts of the project and the proposed pre-zoning action. The document is attached to the May 15, 2023, Council Agenda Packet.

Packet Pg. 52
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: Approval of the pre-zoning, annexation and construction of the Cooler project will provide additional employment opportunities and promote a sustainable agricultural industry while creating a southern agricultural edge for the city to ensure that it keeps its small-town character.

Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ____ No____ N/A
Explain: The development of a strong industrial base will positively support the City’s General Fund on an annual basis, ensuring that the City can improve the quality of life services that are provided to the community.

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 above.

ALTERNATIVES
Direct staff to make changes to the ordinance and delay action to a future meeting.

BUDGET IMPACTS
According to the report completed by Willdan Financial Services related to the Rianda cooler project, it is projected that the City will receive $72,664 in annual revenue with $46,146 in expenses, resulting in a surplus of $26,518 per year. Additionally, the City would receive one-time revenues associated with permit fees and an anticipated $4,507,251 in one-time development impact fees (adjusted for any credits for identified improvements constructed by the applicant) upon full build-out of the project to offset the capital construction costs to accommodate future growth in the City of Gonzales.

CONCLUSION
The Gloria Road Agricultural Cooler Annexation Project represents an opportunity for Gonzales to expand its industrial capacity and continue in its support of the agricultural industry that has been such a significant part of the community since before incorporation. By allowing for the pre-zoning, annexation, Packet Pg. 53
and construction of the facility, along with the required conditions of approval, the project will positively support the General Fund, provide upgrades to Gloria Road, address other infrastructure needs in the City, and meet several City goals and policies outlined in the General Plan.

Therefore, staff recommends that the City Council take action to Waive Second Reading, Read by Title Only, and Adopt Ordinance No. 2023-137 “An Ordinance of the City Council of the City of Gonzales Approving the Pre-zoning of the Gonzales Cooler Development Property to Industrial.” Attachments:

1. Ordinance No. 2023-137 w/ Exhibit A
Packet Pg. 54
ORDINANCE NO. 2023-137

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GONZALES

APPROVING THE PRE-ZONING OF THE GONZALES COOLER DEVELOPMENT

PROPERTY TO INDUSTRIAL
WHEREAS, the adopted City of Gonzales 2010 General Plan defines and designates certain lands for urban growth and development within areas designated by the General Plan; and WHEREAS, the City of Gonzales and the County of Monterey developed, adopted, and signed a memorandum of agreement (MOA) in 2014, incorporated herein by reference, to cooperate on common planning, growth, and development issues; and WHEREAS, the MOA established planning principles for both parties to promote logical and orderly development, direct development away from the best agricultural lands, stay within the urban growth boundary established by the City’s General Plan and the MOA, and provide compact urban form development through the use of specific plans; and WHEREAS, the Monterey County Local Agency Formation Commission (“LAFCO”) is the agency with jurisdiction over Sphere of Influence (SOI) amendments and reorganizations of boundaries within Monterey County; and
WHEREAS, the Planning Commission of the City of Gonzales recommends that the City Council requests that proceedings to apply to LAFCO for reorganization are initiated, including annexation of approximately 48.97 acres of property (“Subject Property”) to the city; and WHEREAS, on April 24th, 2023, the Planning Commission conducted a noticed public hearing to consider a recommendation to the City Council for pre-zoning, and considered the Staff Report and oral report for this item and approved Resolution PC 2023-04; and WHEREAS, notice of the public hearing on this ordinance was given and published in the manner required by law and by the City of Gonzales, and the public hearing on was held on May 15th, 2023 before the City Council; and
WHEREAS, the City of Gonzales complied with the requirements of the California Environmental Quality Act (“CEQA”), and considered and certified the Final Environmental Impact Report for the City of Gonzales 2010 General Plan, the 2014 General Plan EIR Sphere of Influence Expansion Addendum and the City Council has reviewed and adopted the Initial Study/Mitigated Negative Declaration for the proposed Gloria Road Agricultural Cooler Project; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Gonzales hereby adopts an ordinance that pre-zones the subject property to Industrial “I” as follows:

ATTACHMENT 1
Packet Pg. 55
Attachment: Ordinance No. 2023-137 w/ Exhibit A (2721 : Adoption of Ordinance No. 2023-137 Pre-Zoning Cooler Development Property to SECTION 1. Findings for Adoption of Pre-zoning and Amendment of the Zoning Map The City Council hereby makes the following findings concerning the pre-zoning of property and amendment to the City zoning map proposed by the Rianda Family Partnership pursuant to Gonzales City Code Section 12.16- Permit Application Submittal:

1. That the proposed pre-zoning is consistent with the general plan.

The City General Plan designation for the project site is currently Neighborhood Residential and the project area is identified as a specific plan area in the General Plan. As part of the proposed development, the request includes a concurrent General Plan Amendment to change the site to Industrial/Manufacturing and removes the requirement for a Specific Plan as the proposed project is a single site and use. The proposed re-zoning is Industrial, to support the development of the cooler project as allowed in Section 12.88 of the Gonzales City Code. All other existing sections of the Gonzales General Plan support the development of the cooler project and annexation in the City, and therefore the proposed pre-zoning is consistent with the General Plan.

2. That the proposed zoning and/or amendment will be beneficial to and not detrimental to the public health, safety, or welfare.

Pre-zoning the Project site to Industrial is consistent with the amended General Plan’s vision for the project site. The proposed pre-zoning district will be beneficial to public health, safety, and welfare by allowing the agricultural cooler to be established on the Project site with appropriate conditions to ensure the public health, safety and welfare of the community and ensure compatibility with existing and proposed development on surrounding properties and as the project is proposed incorporates numerous elements and mitigation measures which will advance public health, safety, and welfare.

3. That with the proposed pre-zoning adequate and available sites remain to mitigate the loss of residential density on the subject property to accommodate the City's "fair share" regional housing needs used by the State Department of Housing and Development in determining compliance with Housing Element Law pursuant to Government Code Section 65863(b).

The proposed pre-zone on the site will eliminate a portion of the property in the General Plan area that would allow the development of the site with residential uses that would enhance the availability of housing in the City and assist in meeting the City’s “fair share” regional housing needs. However, the Gonzales General Plan has more than adequate designated residential areas remaining to meet the housing obligation for the 6th Cycle Housing Element Update of 1,266 housing units for the upcoming 2023-2031 planning horizon.

SECTION 2. Adoption of Pre-zoning and Amendment of the Zoning Map Based on the findings set forth in the preceding section, the City Council ordains that the official pre-zone adopted for Assessor’s Parcel Number 223-032-019 containing approximately 44.8 acres located at 31958 Gloria Road shall be Industrial (I) and further amends the Zoning Map as referred to in Section 12.56.030 of the Gonzales City Code and depicted on Exhibit A attached hereto and by reference incorporated herein.

Packet Pg. 56
Attachment: Ordinance No. 2023-137 w/ Exhibit A (2721 : Adoption of Ordinance No. 2023-137 Pre-Zoning Cooler Development Property to SECTION 3. Compliance with the California Environmental Quality Act.

The City Council has adopted a Mitigated Negative Declaration, which evaluated the impacts of the implementation of this ordinance, including the Mitigation Monitoring and Reporting Program.

SECTION 4. Effective Date.

This ordinance shall be in full force and effective 30 days after its adoption and shall be published and posted as required by law.

I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by title, at a regular meeting thereof held on the 15th day of May 2023, and adopted the Ordinance after the second reading at a regular meeting held on the 5th day of June 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_______________________
Jose L. Rios, The Honorable Mayor
ATTEST:
__________________________
Mary Villegas, Deputy City Clerk
I, Mary Villegas, Deputy City Clerk of the City of Gonzales, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Gonzales on the date and by the vote indicated herein.

Packet Pg. 57
Attachment: Ordinance No. 2023-137 w/ Exhibit A (2721 : Adoption of Ordinance No. 2023-137 Pre-Zoning Cooler Development Property to Exhibit A
Packet Pg. 58
Attachment: Ordinance No. 2023-137 w/ Exhibit A (2721 : Adoption of Ordinance No. 2023-137 Pre-Zoning Cooler Development Property to Industrial) City of Gonzales

PUBLIC WORKS / CITY ENGINEER DEPARTMENT

RECOMMENDATION
It is recommended that the City Council Adopt Resolution No. 2023-31, A Resolution of the City Council of the City of Gonzales Authorizing Execution of Professional Services Contracts with 4Leaf Consulting for Building Department Services and for Plan Review and Inspection Services for the Community Center Complex Project.

BACKGROUND
For the last ten years the City has used a consultant to perform Building Department services to support the Community Development Department efforts. Earlier this year, staff issued the following Request for Proposals:

1. Contract Building Official duties including Plan Review and Building Inspection Services

2. Building Code Review and Building Inspection Services for the Community Center Complex Project
The city received proposals from the following firms:
• CSG (Contract Building Official services only)
• Bureau Veritas (Building Services for the Community Center Complex Project only) • 4Leaf Consulting (both contracts)
• NV5 (both contracts)
• West Coast Code Consultant (Contract Building Official services only) AGENDA
ITEM
15 Packet Pg. 59

REVIEW & ANALYSIS
Based on review of the submitted proposal from the five firms, CSG, Bureau Veritas and 4Leaf Consulting were shortlisted for an interview on April 27, 2023. The interview panel consisted of • Development Services Technician Alejandra Flores
• Fire Chief Jason Muscio
• Public Works Director Patrick Dobbins
Consultants were provided 25 minutes to present their qualifications, experience, and approach for the contract(s). Then the interview panel asked ten questions of each consultant team. After concluding the interviews, the panel was unanimous that 4Leaf Consulting was the highest ranked team based on their proposals and interview.

Staff recommends that the City Council authorize execution of the following contracts with 4Leaf Consulting:
• An agreement for the Building Department Services including contract Building Official duties.

The agreement is for a not-to-exceed amount of $150,000 per year with an initial term of three years with an option to extend it an additional two years. This contract is funded by collected building permit fees.
• An agreement for Plan Review and Inspection Services on the Community Center Complex Project. Plan review services are estimated to be $75,000 for Phases 1 and 2 and inspection services for Phase 1 of the Community Center Complex Project is estimated to be $275,000.

These costs are funded by the selected Design/Build team as they are responsible for coordinating and being efficient with the plan review and inspection services.

Explain: Using a consultant for building plan check and inspection services provides the city with the resources necessary to provide excellent services to our residents and businesses that enhance the quality of life of our diverse community.

Strong fiscal policies allow us to provide appropriate infrastructure for:

Packet Pg. 60
• Public Safety X Yes No N/A
• Housing X Yes No N/A
• Recreation X Yes No N/A
• Environment X Yes No N/A
• Education X Yes No N/A
Explain: See Vision above.

ALTERNATIVES

1. Direct staff to seek additional proposals for this contract.

2. Amend or modify staff recommendation.

BUDGET IMPACT
4Leaf Consulting contract for Building Department Services will be funded by collected building permit fees and their contract for Plan Review and Inspection Services on the Community Center Complex Project will be funded by the selected Design/Build team.

CONCLUSION
It is recommended that the City Council Adopt Resolution No. 2023-31, A Resolution of the City Council of the City of Gonzales Authorizing Execution of Professional Services Contracts with 4Leaf Consulting for Building Department Services and for Plan Review and Inspection Services for the Community Center Complex Project.

Attachments:

1. Resolution No. 2023-31

2. Agreement with 4 Leaf for Building Dept Services

3. Agreement with 4 Leaf for Plan Review & Inspection Services Packet Pg. 61
RESOLUTION NO. 2023-31

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES CONTRACTS WITH 4LEAF CONSULTING FOR BUILDING DEPARTMENT SERVICES AND FOR PLAN

REVIEW AND INSPECTION SERVICES

FOR THE COMMUNITY CENTER COMPLEX PROJECT
WHEREAS, City staff issued separate Request for Proposals for Contract Building Official duties including Plan Review and Building Inspection Services and for Building Code Review and Inspection Services for the Community Center Complex Project; and WHEREAS, the city received proposals from five firms and shortlisted three firms (CSG, Bureau Veritas and 4Leaf Consulting) for an interview on April 27, 2023; and WHEREAS, the selection panel unanimously selected 4Leaf Consulting as the highest ranked team based on their proposals and interview; and WHEREAS, staff recommends that the City Council authorize execution of the following contracts with 4Leaf Consulting:
• An agreement for the Building Department Services including contract Building Official duties. The agreement is for a not-to-exceed amount of $150,000 per year with an initial term of three years with an option to extend it an additional two years. • An agreement for Plan Review and Inspection Services on the Community Center Complex Project. Plan review services are estimated to be $75,000 for Phases 1 and 2 and inspection services for Phase 1 of the Community Center Complex Project is estimated to be $275,000.

NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Gonzales that the City Manager is authorized to execute the above-mentioned consulting contracts with 4Leaf Consulting.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 5
th day of June 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Jose L. Rios, The Honorable Mayor
ATTEST:

Mary Villegas, Deputy City Clerk
Packet Pg. 62
Attachment: Resolution No. 2023-31 (2726 : Resolution No. 2023-31 4Leaf Building Official Services & Plan Review Contract) Packet Pg. 63
Attachment: Agreement with 4 Leaf for Building Dept Services (2726 : Resolution No. 2023-31 4Leaf Building Official Services & Plan Review Packet Pg. 64
Attachment: Agreement with 4 Leaf for Building Dept Services (2726 : Resolution No. 2023-31 4Leaf Building Official Services & Plan Review Packet Pg. 65
Attachment: Agreement with 4 Leaf for Building Dept Services (2726 : Resolution No. 2023-31 4Leaf Building Official Services & Plan Review Packet Pg. 66
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Attachment: Agreement with 4 Leaf for Plan Review & Inspection Services (2726 : Resolution No. 2023-31 4Leaf Building Official Services & Packet Pg. 91
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PUBLIC WORKS / CITY ENGINEER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: June 5, 2023
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, Acting City Manager
SUBJECT: Resolution 2023-33 Awarding Community Center DBE Contract to the Otto Construction/WRNS Team

RECOMMENDATION
It is recommended that the City Council Adopt Resolution 2023-33, A Resolution of the City Council of the City of Gonzales Awarding the Design/Build Contract for the Community Center Complex Project to the Otto Construction/WRNS Team and Authorizing the Issuance of a Notice to Proceed with Design Services at a Not-To-Exceed Amount of $4,900,446.

BACKGROUND
With the passage of Measure X in the November 2020 election, the city restarted efforts to design and construct the Community Center Complex. To date, the City Council has taken the following actions to advance this significant project:

1. At the March 1, 2021 Council Meeting, the Council concurred with staff recommendation and authorized the use of Design/Build Delivery for the project.

2. At the May 3, 2021 Council Meeting, the Council authorized execution of a contract with Swinerton Consulting for Program and Construction Management Services for the project.

3. At the July 19, 2021 Council Meeting, the Council approved a contract amendment with Swinerton Consulting to engage Group 4 Architects to provide community engagement and to develop the Design Criteria documents for the Design/Build Request for Proposal.

4. At the February 22, 2022 Council Meeting, the Design Criteria Documents (prepared by Group 4 Architects) were approved and the three top ranked Design/Build teams out of the seven teams AGENDA
ITEM
16 Packet Pg. 119
that submitted Statement of Qualifications were “short-listed” to receive the project Request for Proposal. The Design Criteria Documents are comprised of 98 sheets of plans, a three volume set of technical specifications and other guidance documents.

The project will be delivered in a phased approach due to grant funding awarded for the project that have deadlines to advance the project to construction.

REVIEW AND ANALYSIS
On January 31, 2023 staff issued the Request for Proposals (RFP) to the following three “short-listed” Design/Build Teams (Contractor/Architect):
• Blach/Steinberg Hart
• Otto Construction/WRNS
• Bernards/Perkins-Eastman
After receiving and reviewing the RFP, the Bernards/Perkins-Eastman team withdrew from the selection process due to adjustments in their Northern Calif projects and related staffing over the prior ten months.

The other two teams were very engaged during the RFP process, including several confidential meetings.

Proposals were received from the Blach/Steinberg Hart and the Otto Construction/WRNS teams by the April 21 deadline and both teams were interviewed on April 27.

Based on their submitted proposal the Otto Construction/WRNS team was determined to be the top ranked Design/Build team. City and Swinerton staff are discussing their scope of work, fee and schedule.

Therefore, staff recommends the City Council award the Design-Build Contract for the Community Center Complex Project to the Otto Construction/WRNS Team and Authorize the Issuance of the Notice to Proceed with Design Services at a not-to-exceed amount of $4,900,446.

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.

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

Packet Pg. 120
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
Amend or modify staff’s recommendation.

BUDGET IMPACT
A $100,000 stipend will be paid to the Blach/Steinberg Hart team as stipulated in the city’s RFP.

The Notice to Proceed for Design Services of Phases 1 and 2 will encumber $4,900,446 in fund GL100- 850-6235.

CONCLUSION
It is recommended that the City Council Resolution 2023-33, A Resolution of the City Council of the City of Gonzales Awarding the Design/Build Contract for the Community Center Complex Project to the Otto Construction/WRNS Team and Authorizing the Issuance of a Notice to Proceed with Design Services at a Not-To-Exceed Amount of $4,900,446
Attachments:

1. Resolution No. 2023-33

2. Notice to Proceed with Phase 1 and 2 Design Services

3. Design/Build Contract Otto Construction / WRNS

4. Design/Build Contract Exhibit B - Clarifications
Packet Pg. 121
RESOLUTION NO. 2023-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

AWARDING THE DESIGN/BUILD CONTRACT FOR THE COMMUNITY

CENTER COMPLEX PROJECT TO THE OTTO CONSTRUCTION/WRNS

TEAM AND AUTHORIZING THE ISSUANCE OF A NOTICE TO PROCEED WITH DESIGN SERVICES AT A NOT-TO-EXCEED AMOUNT OF $4,900,446 WHEREAS, The Community Center Complex will be comprised of a Community Center, a Monterey Cotnty Branch Library, a Teen Innovation Center to be constructed on a cityowned parcel at Gabilan Court/Fifth Street; and WHEREAS, on September 30, 2021 the City received Statements of Qualifications from seven Design/Build Teams; and
WHEREAS, at the February 22, 2022 Council Meeting, the Design Criteria Documents were approved and the following three teams (contractor and architect) were “short-listed” to receive the city’s Request for Proposal for the project:
• Bernards of Fresno, CA with Perkins Eastman
• Blach Construction Company of Monterey, CA with Steinberg Hart • Otto Construction of Monterey, CA with WRNS Studio
WHEREAS, on January 31, 2023 the city issued the Request for Proposals for the project to the three “short-listed” Design/Build Teams (Contractor/Architect) and on April 21, 2023 received proposals from the Blach/Steinberg Hart and Otto Construction/WRNS teams; and WHEREAS, based on their submitted proposal the Otto Construction/WRNS team was determined to be the top ranked Design/Build team; and
WHEREAS, staff recommends the City Council award the Design-Build Contract for the Community Center Complex Project to the Otto Construction/WRNS Team and Authorize the Issuance of the Notice to Proceed with Design Services at a not-to-exceed amount of $4,900,446.

NOW THEREFORE BE IT HEREBY RESOLVED, the City Council of the City of Gonzales hereby approves the shortlist of prequalified Design-Build Entities for the Community Center Complex Project and authorizes staff to issue the Request for Proposal to the shortlisted Design-Build Entity Teams after Council approves the Design Criteria for the project.

PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting duly held on the 5
th day of June 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Packet Pg. 122 Attachment: Resolution No. 2023-33 (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Otto Construction/WRNS) Jose L. Rios
, The Honorable Mayor
ATTEST:

Mary Villegas, Deputy City Clerk
Packet Pg. 123 Attachment: Resolution No. 2023-33 (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Otto Construction/WRNS) Gonzales Community Center Complex
New Construction – Design/Build Contract

CITY OF GONZALES

DOCUMENT 00 50 01

NOTICE TO PROCEED WITH DESIGN
PHASES 1 and 2
Dated: June 15, 2023
TO: Otto Construction
2150 Garden Road, Suite A-1
Monterey, CA 93940
PROJECT: CITY OF GONZALES COMMUNITY CENTER COMPLEX
You are notified that the Contract Time under the above Contract will commence to run on ______________________, 2023, for the Gonzales Community Center. By that date, you are to start performing your design obligations under the Contract Documents. In accordance with Paragraph 3.1 of Document 00 50 00 Agreement, the date of Substantial Completion of is ______________________________, 2025, the date of Final Completion is ______________________________, 2025.

Contact me with any questions.

CITY OF GONZALES
By: _
Patrick Dobbins, Public Works Director/City Engineer

END OF DOCUMENT
Packet Pg. 124 Attachment: Notice to Proceed with Phase 1 and 2 Design Services (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract Packet Pg. 125 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 126 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 127 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 128 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 129 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 130 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding 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Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 179 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 180 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 181 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 182 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 183 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 184 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 185 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 186 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 187 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 188 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 189 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 190 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 191 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 192 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 193 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 194 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 195 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 196 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 197 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 198 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 199 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 200 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 201 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 202 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 203 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 204 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 205 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 206 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 207 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 208 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 209 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 210 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 211 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 212 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 213 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 214 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 215 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 216 Attachment: Design/Build Contract Otto Construction / WRNS (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Packet Pg. 217 Attachment: Design/Build Contract Exhibit B - Clarifications (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Otto Packet Pg. 218 Attachment: Design/Build Contract Exhibit B - Clarifications (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Otto Packet Pg. 219 Attachment: Design/Build Contract Exhibit B - Clarifications (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Otto Packet Pg. 220 Attachment: Design/Build Contract Exhibit B - Clarifications (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Otto Packet Pg. 221 Attachment: Design/Build Contract Exhibit B - Clarifications (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Otto Packet Pg. 222 Attachment: Design/Build Contract Exhibit B - Clarifications (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Otto Packet Pg. 223 Attachment: Design/Build Contract Exhibit B - Clarifications (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Otto Packet Pg. 224 Attachment: Design/Build Contract Exhibit B - Clarifications (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Otto Packet Pg. 225 Attachment: Design/Build Contract Exhibit B - Clarifications (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Otto Packet Pg. 226 Attachment: Design/Build Contract Exhibit B - Clarifications (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Otto Packet Pg. 227 Attachment: Design/Build Contract Exhibit B - Clarifications (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Otto Packet Pg. 228 Attachment: Design/Build Contract Exhibit B - Clarifications (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Otto Packet Pg. 229 Attachment: Design/Build Contract Exhibit B - Clarifications (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Otto Packet Pg. 230 Attachment: Design/Build Contract Exhibit B - Clarifications (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Otto Packet Pg. 231 Attachment: Design/Build Contract Exhibit B - Clarifications (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Otto Packet Pg. 232 Attachment: Design/Build Contract Exhibit B - Clarifications (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Otto Packet Pg. 233 Attachment: Design/Build Contract Exhibit B - Clarifications (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Otto Packet Pg. 234 Attachment: Design/Build Contract Exhibit B - Clarifications (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Otto Packet Pg. 235 Attachment: Design/Build Contract Exhibit B - Clarifications (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Otto Packet Pg. 236 Attachment: Design/Build Contract Exhibit B - Clarifications (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Otto Packet Pg. 237 Attachment: Design/Build Contract Exhibit B - Clarifications (2728 : Resolution No. 2023-33 Awarding Community Center DBE Contract to Otto City of Gonzales

CITY ATTORNEY

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: June 5, 2023
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, Acting City Manager
SUBJECT: Ordinance No. 2023-138 Amending Chapter 1.28-City Manager, of Title 1- Administration of the Gonzales City Code

RECOMMENDATION
It is recommended that the City Council introduce, waive reading and read by title only Ordinance No. 2023-138, An Ordinance of the City Council of the City of Gonzales Amending Chapter 1.28 City Manager, of Title 1- Administration of the Gonzales City Code.

BACKGROUND
The City of Gonzales has adopted a City Code, which consists of administrative, criminal and regulatory ordinances adopted by the City Council for operation of various aspects of the City. The Code provisions, when read together with various statutory mandates, are the law of the City of Gonzales.

Topics covered in the Gonzales City Code include administrative matters related to internal organization and functions of the city government, revenue and finance, public health and safety, and building and zoning regulations. The Code is a “living document,” in that it is subject to modification on a periodic and ongoing basis to meet the needs of the City and/or to bring City operations into compliance with state law. Changes to the Code are effectuated by the adoption of ordinances, which generally speaking, are written laws that must appear before the City Council and public at noticed meetings twice, once for introduction to allow review of proposed provisions, and then again for consideration of adoption.

REVIEW & ANALYSIS
The City Council is embarking on a project to revise and restate various sections of the City Code, many of which have not been updated for decades. The first chapter of the Code to be addressed in this project is Chapter 1.26- City Manager. Recent activities in the recruitment and retention of a new city manager led staff to conclude that various portions of Chapter 1.28, including enumerated duties, rights and gender AGENDA
ITEM
17 Packet Pg. 238
references, need to be modified and/or corrected. This is not surprising since many of the provisions of Chapter 1.28 have not been changed since adoption in 1972. The new proposed Chapter 1.28 is before the City Council for introduction, wavier of reading and reading by title this evening. After introduction, it will be placed on a subsequent Council agenda for consideration of adoption.

Explain: The City will be well-served by updates to its City Code, allowing for enhanced efficiency in operations.

Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ____ No____ N/A
Explain: Updating the City Code, including provisions dealing with the City Manager, will help the Council and Staff achieve their vision by providing clear, concise, and thorough direction for City operations.

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

ALTERNATIVES

1. Introduce, waive reading and read Ordinance No. 2023-138 by title only.

2. Do not introduce the proposed ordinance and provide staff with direction.

BUDGET IMPACT
N/A.

CONCLUSION
It is recommended that the City Council consider and introduce, waive reading and read Ordinance No. 2023-138 by title only.

Packet Pg. 239
Attachments:

1. Ordinance No. 2023-138
Packet Pg. 240
ORDINANCE NO. 2023-138

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GONZALES AMENDING CHAPTER 1.28-CITY MANAGER, OF TITLE 1-ADMINISTRATION OF

THE GONZALES CITY CODE
BE IT HEREBY ORDAINED by the City Council of the City of Gonzales as follows:

Section 1. Chapter 1.28-City Manager of Title 1-Administration of the Gonzales City Code is hereby amended as set forth in Exhibit A, as attached hereto and by this reference incorporated herein.

Section 2. Severability. Every section, paragraph, clause, and phrase of this Ordinance is hereby declared severable. If, for any reason, any section, paragraph, clause, or phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining section, paragraphs, clauses, or phrases.

Section 3. CEQA. Approval of the code amendment herein is exempt from environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments regarding city manager duties and authority it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment.

Section 5. Effective Date. This Ordinance shall take effect thirty (30) days following its final passage. The City Clerk is directed to cause copies of this Ordinance to be posted or published as required by Government Code section 36933.

This Ordinance was introduced and first read by the City Council of the City of Gonzales at a regular meeting on the 5th day of June, 2023 and passed and adopted by the City Council of the City of Gonzales at a regular meeting on the ____ day of June, 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
________________________________
Jose L. Rios, The Honorable Mayor
ATTEST:
_____________________________
Mary Villegas, Deputy City Clerk
Packet Pg. 241 Attachment: Ordinance No. 2023-138 (2729 : Ordinance No. 2023-138 City Manager Chapter 1.28)

EXHIBIT A
CHAPTER 1.28

CITY MANAGER
SECTION:

1.28.010 Office Created; Appointment

1.28.020 Eligibility

1.28.030 Bond Required

1.28.040 Temporary Manager

1.28.050 Compensation

1.28.060 Powers And Duties

1.28.070 Council Manager Relations

1.28.080 Cooperation Of Subordinate Officers

1.28.090 Attendance At Commission Meetings

1.28.100 Removal Of Manager

1.28.110 Agreement on Employment

1.28.1210 Limitation On Removal Of Officers

1.28.1320 References To Chief Administrative Officer

1.28.010 OFFICE CREATED; APPOINTMENT:

The office of city manager is created and established pursuant to Section 34851 of the Government Code. The city manager shall be appointed as an at-will employee by the city council wholly on the basis of his administrative and executive ability and qualifications and shall hold office for and during the pleasure of the city council. (1972 Code § 2.08.010)

1.28.020 ELIGIBILITY:

No person elected as a city council member shall, subsequent to such election, be eligible for appointment as city manager until one year has elapsed after such council member shall have ceased to be a member of the city council. (1972 Code § 2.08.020)

1.28.030 BOND REQUIRED:

Packet Pg. 242 Attachment: Ordinance No. 2023-138 (2729 : Ordinance No. 2023-138 City Manager Chapter 1.28) If not covered by blanket bond or other means of coverage applicable to all city employees, Tthe city manager shall furnish a corporate surety bond to be approved by the city council in such sum as may be determined by the city council and shall be conditioned upon the faithful performance of the duties imposed upon the city manager as herein prescribed. Any premium for such bond shall be a proper charge against the city. (1972 Code § 2.08.030)

1.28.040 TEMPORARY MANAGER:

The city manager shall appoint, subject to the approval of the city council, one of the other officers or department heads of the city to serve as manager pro tempore during any temporary absence or disability of the city manager. In case of the absence or disability of the city manager and his the failure to so appoint a manager pro tempore, the city council may designate some qualified city employee to perform the duties of the city manager during the period of absence or disability of the city manager; subject however, to the person furnishing a corporate surety bond unless the designee’s actions are covered by the a city blanket bond or other means of coverage conditioned upon faithful performance of the duties required to be performed. (1972 Code § 2.08.040)

1.28.050 COMPENSATION:

A. Fixed By Agreement and/or Resolution: The city manager shall receive such compensation and expense allowances as the city council shall from time to time determine and fix approve by agreement and/or resolution, and the compensation and expenses shall be a proper charge against such funds of the city as the city council shall designate.

B. Travel Expenses; Itemized Claim: The city manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his official duties or incurred when traveling on business pertaining to the city under direction of the city council in accordance with established policy or as otherwise approved by the city council. Reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for such business for which reimbursement is requested, has been presented to the city council for approval. (1972 Code § 2.08.050)

1.28.060 POWERS AND DUTIES1:

A. Generally:

Packet Pg. 243 Attachment: Ordinance No. 2023-138 (2729 : Ordinance No. 2023-138 City Manager Chapter 1.28)

1. Administrative Head Of City Government: The city manager shall be the administrative head of the government of the city under the general direction and control of the city council.

2. Responsible For Efficient Administration: The city manager He/she shall be responsible for the efficient administration of all the affairs of the city which are under his/her control.

3. Powers And Duties Generally: In addition to the his/her general powers as administrative head and not as a limitation thereof, the city manager shall have and exercise such other powers as may be delegated to him/her by ordinance, resolution, this code, or other action of the city council. the powers and perform the duties of the offices of city water superintendent and water collector, license collector, superintendent of streets, administrative director of civil defense and disaster, redevelopment agency director and planning director.

4. Powers Delegated: It shall be the duty of the city manager to perform such other duties and exercise such other powers as may be delegated to him/her by ordinance, resolution, this code, or other action of the city council. (Ord. 2010-61, 2-16-2010) B. Specific Duties:

1. Law Enforcement: It shall be the duty of the city manager to enforce all city laws and ordinances and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed. (1972 Code § 2.08.070)

2. Inquiries and Direction from City Council. The city manager shall respond to all requests of the city council or its members for information and advice on a timely basis and see that all instructions, orders and decisions from the council as a whole are carried out in an orderly manner.

23. Authority Over Employees: It shall be the duty of the city manager and he/she shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the city under his jurisdiction through their Packet Pg. 244 Attachment: Ordinance No. 2023-138 (2729 : Ordinance No. 2023-138 City Manager Chapter 1.28) department heads. This authority shall not apply to the city attorney, who shall endeavor to work cooperatively with the city manager pursuant to direction from the city council. (1972 Code § 2.08.080)

34. Personnel Officer: The city manager shall be the personnel officer of the city and shall, pursuant to California Government Code section 34856, have the power and authority to appoint, dismiss, promote, and demote any and all officers department heads and employees of the city, subject to all applicable personnel policies, rules and regulations that may be adopted by resolution or ordinance of the city council, except the city attorney, elective officers, and members of appointed boards and commissions. The city manager, or his/her designee, shall represent the city pursuant to California Government Code section 3500 et seq. (1972 Code § 2.08.090)

45. Reorganization Of Offices: It shall be the duty and responsibility of the city manager to recommend to the city council such reorganization of offices, positions, departments or units under his/her direction as may be indicated in the interest of efficient, effective and economical conduct of the city’s business. (1972 Code § 2.08.100)

56. Ordinances: It shall be the duty of the city manager and he shall to recommend to the city council for adoption such measures and ordinances as he deemeds necessary or expedient. Pursuant to California Government Code Section 41802, the city manager shall work with the city attorney to ensure that all ordinances and resolutions have been properly prepared for council consideration and subsequent city implementation. (1972 Code § 2.08.110)

67. Attendance At Council Meetings: It shall be the duty of the city manager to attend all meetings of the city council unless excused therefrom by the mayor or city council, except when his removal is under consideration. (1972 Code § 2.08.120)

78. Financial Reports: It shall be the duty of the city manager to keep the city council at all times fully advised as to the financial conditions and needs of the city. (1972 Code § 2.08.130)
Packet Pg. 245 Attachment: Ordinance No. 2023-138 (2729 : Ordinance No. 2023-138 City Manager Chapter 1.28)

89. Budget: It shall be the duty of the city manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval. (1972 Code § 2.08.140)
910. Purchasing Agent: It shall be the duty of tThe city manager, as authorized purchasing agent of the city, and he shall be responsible for the purchase of all supplies for all of the departments or divisions of the city. No expenditures shall be submitted or recommended to the city council except on report and approval of the city manager. (1972 Code § 2.08.150)

11. Contracts for Services: The city manager shall be responsible for notifying the city council of all contracts for services executed under the city manager’s spending authority (without city council approval). Thereafter, it shall be the duty of the city manager to administer each such contract and determine that its provisions are being properly carried out and to report to the city council at such times as the council may direct on the performance of the contractor.
120. Investigation: It shall be the duty of the city manager to make investigations into the affairs of the city and any department or division thereof, and any contract or the proper performance of any obligations of the city. (1972 Code § 2.08.160) 131. Public Utilities; Franchises: It shall be the duty of the city manager to investigate all complaints in relation to matters concerning the administration of the city government and in regard to the service maintained by public utilities in the city, and to see that all franchises and/or permits granted by the city are faithfully performed and observed. (1972 Code § 2.08.170)
142. Public Buildings: It shall be the duty of the city manager to and he shall exercise general supervision over all public buildings, public parks and all other public property which are under the control and jurisdiction of the city council. (1972 Code § 2.08.180) 135. Hours Of Employment: It shall be the duty of the city manager to devote appropriate time to the duties of his/her office in the interest of the city. (1972 Code § 2.08.190; amd. 2003 Code)
Packet Pg. 246 Attachment: Ordinance No. 2023-138 (2729 : Ordinance No. 2023-138 City Manager Chapter 1.28) 164. Signing Documents: Pursuant to Government Code section 40602, in addition to the powers of execution granted to the city’s mayor, the council hereby delegates authority to the city manager to sign all written contracts and conveyances awarded or otherwise approved by the city, and all instruments requiring the city seal. This authority shall also inure to contracts at or below the monetary threshold established from time to time by the city council for which the city manager is authorized to award without council approval. (Ord. 2016-93, 4-4-2016)

17. Ex Officio City Clerk. In the absence of an elected city clerk, the city manager shall serve as the city clerk ex officio and shall faithfully execute the duties and responsibilities of such office. The city manager shall be authorized to appoint deputy city clerks as needed.

1.28.070 COUNCIL MANAGER RELATIONS:

A. Council Powers Limited: The city council and its members shall deal with the administrative services of the city only through the city manager, except for the purpose of inquiry, and neither the city council nor any member thereof shall give orders to any subordinates (department heads, employees, volunteers) of the city manager.

B. Instructions To Manager At Meeting: The city manager shall take his orders and instructions from the city council only when sitting in a duly held meeting of the city council and no individual council member shall give any orders or instructions to the city manager. (1972 Code § 2.08.200)

1.28.080 COOPERATION OF SUBORDINATE OFFICERS:

It shall be the duty of all subordinate officers and employees the city clerk, city treasurer and city attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously so far as may be consistent with their duties as prescribed by city law, policies and ordinances. (1972 Code § 2.08.210)

1.28.090 ATTENDANCE AT COMMISSION MEETINGS:

The city manager may attend any and all meetings of the planning commission, recreation or park commission and any other commissions, board or committees hereafter created by the city Packet Pg. 247 Attachment: Ordinance No. 2023-138 (2729 : Ordinance No. 2023-138 City Manager Chapter 1.28) council, upon his own volition or upon direction of the city council and discuss any matters relevant to business before the involved commission, board or committee . At such meeting which the city manager attends, he shall be heard by such commissions, boards, or committees as to all matters upon which he wishes to address the members thereof, and he shall inform the members as to the status of any matter being considered by the city council and he shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council. (1972 Code § 2.08.220)

1.28.100 REMOVAL OF MANAGER:

A. Council Action; Notice:

1. The removal of the city manager shall be only upon a three (3) member vote of the whole council in the city in regular council meeting; subject however, to the provisions of this section.

2. In case of his intended removal by the city council, the city manager shall be furnished with a written notice stating the council’s intention to remove him and the reason therefor, at least thirty (30) days before the effective date of his removal. (1972 Code § 2.08.230) B. Hearing:

1. Within seven (7) days after the delivery to the city manager of such notice, he may, by written notification to the city clerk, request a hearing before the city council.

2. Thereafter, the city council shall fix a time for the hearing which shall be held at its usual meeting place, but before the expiration of the thirty (30) day period, at which the city manager shall appear and be heard, with or without counsel. (1972 Code § 2.08.240) C. Suspension Pending Hearing: After furnishing the city manager with written notice of intended removal, the city council may suspend him from duty, but his compensation shall continue until his removal by resolution of the council passed subsequent to the aforesaid hearing. (1972 Code § 2.08.250)
D. Discretion Of Council: In removing the city manager, the city council shall use its uncontrolled discretion, and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the city manager to Packet Pg. 248 Attachment: Ordinance No. 2023-138 (2729 : Ordinance No. 2023-138 City Manager Chapter 1.28) present to the city council his grounds of opposition to his removal prior to its action. (1972 Code § 2.08.260)
The city manager may be terminated by the city council at any time subject to such conditions as may be agreed upon in writing by the city manager and city council.

1.28.110 AGREEMENT ON EMPLOYMENT
Nothing in this chapter shall be construed as a limitation on the power or authority of the city council to enter into any supplemental agreement with the city manager delineating additional terms and conditions of employment not directly inconsistent with any provision of this chapter.

1.28.1210 LIMITATION ON REMOVAL OF OFFICERS:

Notwithstanding the provisions of this chapter hereinbefore enumerated, the city manager or city attorney shall not be removed from office during or within a period of one hundred eighty (180) days next succeeding following any general municipal election held in the city after the city manager’s appointment at which election a new member of the city council is elected. The purpose of this provision is to allow any newly elected member of the city council or a reorganized city council to observe the actions and ability of the city manager or city attorney in the performance of the powers and duties of said their offices. After the expiration of the one hundred eighty (180) day period aforementioned, the provisions of the preceding section as to the removal of the city manager or city attorney shall apply and be effective. (1972 Code § 2.08.270)

1.28.1320 REFERENCES TO CHIEF ADMINISTRATIVE OFFICER:

Whenever in this code or in any ordinance or resolution, reference is made to the "chief administrative officer", such section or provision shall be applicable to the city manager who shall henceforth be the "chief administrative officer". (1972 Code § 2.08.280) 1 See also section 1.32.020 of this title.

Packet Pg. 249 Attachment: Ordinance No. 2023-138 (2729 : Ordinance No. 2023-138 City Manager Chapter 1.28) City of Gonzales

CITY ATTORNEY

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: June 5, 2023
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, Acting City Manager
SUBJECT: Resolution No. 2023-34, a Joint Resolution Approving an Employment Agreement for City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Electric Authority Executive Director/Electric Utility Executive Director Services with Carmen Gil

RECOMMENDATION
It is recommended that the City Council/Successor Agency Board/Successor Housing Agency Board/Electric Agency Board/Electric Utility Board consider and adopt Resolution No. 2023-34, A Joint Resolution of the City Council of the City of Gonzales/City Council as Board to the Successor Agency to the Gonzales Redevelopment Agency/Gonzales Successor Housing Agency Board/Board of the Gonzales Electric Authority/Board of the Gonzales Municipal Electric Utility Approving an Employment Agreement for City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Electric Authority Executive Director/Electric Utility Executive Director Services with Carmen Gil.

BACKGROUND
With recent departures in the City Manager’s position, the City/Successor Agency/Successor Housing Agency/Electric Authority/Electric Utility (collectively “City”) has been compelled to review its options for the recruitment of an individual to fill said position. (In Gonzales, the City Manager also serves as the Director of the Successor Agency Board to the Gonzales Redevelopment Agency, the Executive Director of the Gonzales Successor Housing Agency, and the Executive Director of both the Electric Authority and Electric Utility.) While a permanent City Manager selection was pending in both 2022 and 2023, Carmen Gil, Director of Community Engagement and Strategic Partnerships, did an outstanding job of providing services as both Interim and Acting City Manager.

REVIEW & ANALYSIS
AGENDA
ITEM
18 Packet Pg. 250
After due deliberation on the qualifications and leadership attributes of available candidates, the Council is pleased to announce that it has offered the position of City Manager to Carmen Gil, and that Gil has accepted the position. Gil has been a member of the Gonzales staff for over three years and is a wellknown and respected figure in the community. An agreement with Gil to assume the duties of the aforesaid positions has been prepared and is before the City Council this evening for approval.

Explain: The new City Manager has the suitable skills to ensure that the City’s vision and mission will remain on track.

Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ____ No____ N/A
Explain: The new City Manager will help the Council and staff achieve their vision by overseeing programs, decision-making and securing necessary financing for goals and operations.

ALTERNATIVES

1. Adopt the proposed resolution.

2. Do not adopt the proposed resolution and provide Staff and/or the Subcommittee with direction.

BUDGET IMPACT
The starting salary for the City Manager’s position has been set at $194,000 annually. Funding for the position comes primarily from the General Fund, with a small portion of compensation coming from Successor Agency funds.

Packet Pg. 251

CONCLUSION
It is recommended that the City Council/Successor Agency Board/Successor Housing Agency Board/Electric Agency Board/Electric Utility Board consider and adopt Resolution No. 2023-34, A Joint Resolution of the City Council of the City of Gonzales/City Council as Board to the Successor Agency to the Gonzales Redevelopment Agency/Gonzales Successor Housing Agency Board/Board of the Gonzales Electric Authority/Board of the Gonzales Municipal Electric Utility Approving an Employment Agreement for City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Electric Authority Executive Director/Electric Utility Executive Director Services with Carmen Gil.

Attachments:

1. Joint Resolution No. 2023-34

2. Agreement with Carmen Gil
Packet Pg. 252

Page 1 of 2 ends

RESOLUTION NO. 2023-34

A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GONZALES/CITY COUNCIL AS BOARD TO THE SUCCESSOR AGENCY TO THE

GONZALES REDEVELOPMENT AGENCY/ GONZALES SUCCESSOR HOUSING

AGENCY BOARD/BOARD OF THE GONZALES ELECTRIC AUTHORITY/BOARD

OF THE GONZALES MUNICIPAL ELECTRIC UTILITY APPROVING AN

EMPLOYMENT AGREEMENT FOR CITY MANAGER/SUCCESSOR AGENCY

DIRECTOR/SUCCESSOR HOUSING AGENCY EXECUTIVE DIRECTOR/ELECTRIC

AUTHORITY EXECUTIVE DIRECTOR/ELECTRIC UTILITY EXECUTIVE

DIRECTOR SERVICES WITH CARMEN GIL
WHEREAS, with the recent departure of the Gonzales City Manager, the City Council once again embarked on a recruitment effort for a new Manager; and WHEREAS, after a thorough vetting of its options, the Council directed and engaged in negotiations with its selected candidate, current Community Engagement and Strategic Partnerships Director Carmen Gil (“Gil”), for the City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Electric Authority Executive Director/Electric Utility Executive Director positions; and WHEREAS, Gil, who has been with the City of Gonzales since 2020, and who has more than a decade of public service experience, also recently served as both Acting and Interim City Manager during the City’s manager recruitment periods; and WHEREAS, the Council is pleased to announce that it has reached an agreement with Gil to assume the City Manager, Director and Executive Directors’ positions and has negotiated an appropriate contract for such services.

NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Gonzales, the City Council as the Board to the Successor Agency to the Gonzales Redevelopment Agency, the Board of the Gonzales Successor Housing Agency, the Board of the Gonzales Electric Authority and the Board of the Gonzales Municipal Electric Authority, that the “Employment Agreement” between said entities and Carmen Gil, a copy of which is attached hereto as Exhibit “A” and by this reference incorporated herein, is hereby approved. The Mayor/Chair/President is hereby authorized to execute said Agreement on behalf of the City/Successor Agency/ Successor Housing Agency/Electric Authority/Electric Utility.

BE IT FURTHER RESOLVED that Staff is hereby directed to place an executed copy of the Agreement in Ms. Gil’s personnel file.

PASSED AND ADOPTED by the City Council/City Council Acting as Successor Agency Board of the Gonzales Redevelopment Agency/ Board of the Gonzales Successor Housing Agency/Board of the Gonzales Electric Authority/Board of the Gonzales Municipal Electric Utility at a regular meeting held on the 5
th of June, 2023, by the following vote:

Packet Pg. 253 Attachment: Joint Resolution No. 2023-34 (2731 : Resolution No. 2023-34 JOINT Resolution Approving Employment Agreement Wtih Carmen

Page 2 of 2 ends

AYES, and in favor thereof, Council Members/Successor Agency Members/Successor Housing Agency Members/Electric Authority Members/Electric Utility Members:

NOES, Council Members/Successor Agency Members/Successor Housing Agency Members/Electric Authority Members/Electric Utility Members:

ABSTAIN, Council Members/Successor Agency Members/Successor Housing Agency Members/Electric Authority Members/Electric Utility Members:

ABSENT, Council Members/Successor Agency Members/Successor Housing Agency Members/Electric Authority Members/Electric Utility Members:
______________________________________
Jose L. Rios, Mayor/Chairperson/Chairperson
President/President
ATTEST:
_______________________________________
Mary Villegas, City/Agency/Agency/Authority/
Utility/Deputy Clerk
Packet Pg. 254 Attachment: Joint Resolution No. 2023-34 (2731 : Resolution No. 2023-34 JOINT Resolution Approving Employment Agreement Wtih Carmen 1 EMPLOYMENT AGREEMENT

CITY MANAGER/SUCCESSOR AGENCY DIRECTOR/SUCCESSOR HOUSING

AGENCY EXECUTIVE DIRECTOR/GONZALES ELECTRIC AUTHORITY

EXECUTIVE DIRECTOR/GONZALES MUNICIPAL ELECTRIC UTILITY

EXECUTIVE DIRECTOR
This Agreement (the “Agreement”) is made by and between the City of Gonzales, a municipal corporation, hereinafter called “City,” the City of Gonzales as the Successor Agency to the Gonzales Redevelopment Agency, hereinafter called “Successor Agency,” the Gonzales Successor Housing Agency, hereinafter called “Successor Housing Agency,” the Gonzales Electric Authority, hereinafter “Electric Authority,” the Gonzales Municipal Electric Utility, hereinafter “Electric Utility,” (sometimes collectively referred to as “EMPLOYER”) and Carmen Gil, hereinafter called “Gil.” This Agreement shall have an effective date of June 6, 2023. In consideration of the mutual covenants contained herein, the parties agree as follows:

1. Employment. EMPLOYER hereby appoints Gil as City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Electric Authority Executive Director/Electric Utility Executive Director, and Gil hereby accepts said appointment upon the terms and conditions hereinafter set forth.

2. Term. The term of this Agreement shall commence on June 6, 2023, and shall continue for a term of two (2) years, until June 6, 2025, or until terminated as set forth in Paragraph 13.

Notwithstanding said “term,” the parties recognize and affirm that: 1) Gil is an at-will employee whose employment may be terminated by EMPLOYER with or without cause; 2) there is no express or implied promise made to Gil for any form of continued employment; and 3) this Agreement is the sole and exclusive basis for the employment relationship between Gil and EMPLOYER. Notwithstanding the at-will nature of the City Manager/Directors’ positions, it is in EMPLOYER’s and Gil’s best interests to make every effort to ensure that any separation is performed in a professional and business-like manner.

If the Agreement has not been terminated pursuant to Paragraph 13.A, and EMPLOYER has not provided Gil with notice of its intent not to extend or renew the Agreement per paragraph

13.B, the parties agree to engage in good-faith negotiations to either extend or enter into a new Employment Agreement at least ninety (90) days before this Agreement’s expiration date.

3. Duties. Gil’s duties under this Agreement shall be those assigned to the office of City Manager/Successor Agency Director/ Successor Housing Agency Executive Director/Electric Authority Executive Director/Electric Utility Executive Director by the general laws of the State of California, by Gonzales City Code (City Code Chapter 1.28), as from time-to-time amended, by the provisions of AB 1x26 and applicable provisions of the Health and Safety Code, by other ordinances and resolutions of the City/Successor Agency/Successor Housing Agency/Electric Authority/Electric Utility, and all legally permissible and proper duties and functions as the City Council/Successor Agency Packet Pg. 255 Attachment: Agreement with Carmen Gil (2731 : Resolution No. 2023-34 JOINT Resolution Approving Employment Agreement Wtih Carmen Gil) 2 Board/Successor Housing Agency Board/Electric Authority Board/Electric Utility Board may from time-to-time assign.

EMPLOYER agrees that except for the purpose of inquiry, EMPLOYER and its members shall deal with subordinate City/Successor Agency/Successor Housing Agency/Electric Authority/Electric Utility employees, officers, contractors, and consultants solely through Gil, or her designees, and neither EMPLOYER nor any member thereof shall give direction to any subordinate of Gil’s.

Gil shall devote as much time to said duties as shall be required for their proper performance, regardless of the number of hours involved. Gil shall generally be expected to be available in City Hall from 8:30 a.m. to 5:00 p.m., Monday through Friday, but shall be allowed to establish an appropriate work schedule upon providing the Council with notice of the same.

Regular and routine telecommuting will not be permitted. Gil shall be responsible for notifying the Council, via electronic mail or telephone, of any absence from the workplace greater than a working day (8 hours) due to business related travel and duties, vacation and/or any form of leave, prior to the commencement of said absence where possible, as well as identification of the individual(s) who will provide onsite acting management duties during such absences.

Upon direction from the City Council/Successor Agency Board/Successor Housing Agency Board/Electric Authority and Electric Utility Boards, Gil shall have the authority to enter into and sign documents on behalf of the City/Successor Agency/Successor Housing Agency/Electric Authority/Electric Utility. Additionally, Gil’s duties shall include attendance at City-sponsored events and community gatherings with residents and partners, including but not limited to parades, ribbon-cuttings and opening ceremonies, and distribution of goods and materials for the public benefit.

In order to facilitate the foregoing duties, Gil shall have the authority to enter into contracts for the purchase of supplies and equipment on behalf of the City/Successor Agency/Successor Housing Agency/Electric Authority/Electric Utility on an administrative basis in an amount up to but not to exceed Fifteen Thousand Dollars ($15,000.00), and for service/consulting contracts in an amount not to exceed Five Thousand Dollars ($5,000.00). Gil shall report such contracts in her City Manager’s Report to the City Council at the next available Council meeting following the date of contract execution.

4. Salary and Benefits.

A. For all services to be rendered by Gil under this Agreement, EMPLOYER shall pay Gil One Hundred and Ninety-Four Thousand Dollars ($194,000.00) per year. Salary shall be payable in equal bi-weekly installments. Adjustment to this base salary on the basis of merit may be considered as part of the annual performance evaluation referenced in Section 9.

B. A portion of Gil’s total compensation will be paid from the Successor Agency budget.

Said sum will be based on the actual proportion of Gil’s time spent on Successor Agency Packet Pg. 256 Attachment: Agreement with Carmen Gil (2731 : Resolution No. 2023-34 JOINT Resolution Approving Employment Agreement Wtih Carmen Gil) 3 duties and will be paid from Successor Agency funds on a pro-rata basis. Payment from Successor Agency funds will not cause Gil’s compensation to exceed that established in Subsection 4.A.

C. Gil shall be entitled to participate in the City’s retirement plan, medical, dental and vision plans, and shall also be entitled to participate in the City’s Life, ADD&D and LTD insurance programs. Gil agrees to pay the entire 7% employee’s share of the applicable PERS contribution as required by law.

D. City agrees to contribute an amount equal to 5% of Gil’s salary into an ICMA deferred compensation plan on an annual basis.

E. Upon execution of a “Cardholder Agreement,” Gil shall be entitled to obtain a City credit card. The credit card will be subject to the terms and conditions of all City Credit Card Utilization policies.

F. Any request for a change to the foregoing benefits must be made through negotiation with EMPLOYER, and only at the time of the Annual Job Performance Evaluation as set forth in Section 9.

G. In order to avoid issues associated with salary compaction, Gil’s salary will be subject to periodic adjustment to maintain a 5% differential between her compensation and the base compensation of the next highest salaried City employee.

H. Gil shall receive an annual cost of living adjustment (“COLA”) to her base salary on the first anniversary date of this Agreement, by the CPI for Urban Wage Earners and Clerical Workers, all items, San Francisco-Oakland, for the preceding year or 3%, whichever is greater.

I. In the event Gil dies while employed by EMPLOYER under this Agreement, Gil’s beneficiaries or those entitled to Gil’s estate shall be entitled to all salary earned by Gil up to the time of death, and any in-lieu payment of accrued benefits, including compensation for the value of all accrued leave balances pursuant to City policy, to the extent allowed by law.

5. Extent and Quality of Services. Gil shall devote her full time, attention and energies to her duties hereunder, and while so employed shall not engage in any other business activity whatsoever, directly or indirectly, either alone or as a partner, employee or agent of another person, firm or corporation; provided, that nothing in this section shall be construed to prevent Gil from making business investments which will not require any service on her part.

Gil shall perform her duties to the best of her ability in accordance with the highest professional and ethical standards of the profession and shall comply with all general rules and regulations established by EMPLOYER. Gil shall not engage in any activity which is or may become a conflict of interest, prohibited contract, or which may create an incompatibility of office as defined under California law.

Packet Pg. 257 Attachment: Agreement with Carmen Gil (2731 : Resolution No. 2023-34 JOINT Resolution Approving Employment Agreement Wtih Carmen Gil) 4 The Parties acknowledge that EMPLOYER’s preference is that the City Manager shall reside within the city limits of the City of Gonzales. Gil is currently a resident of the City of Gonzales. The Parties agree that during the term of this Agreement, Gil may relocate her residence outside of the City of Gonzales as long as EMPLOYER determines that said residency does not serve as an impediment to the provision of Gil’s services and duties as set forth herein.

6. Vacation-Sick Leave-Administrative Compensatory Time Off-General Leave. Unless otherwise noted, City shall provide Gil with vacation, sick and holiday pay in accordance with the provisions that apply to all other City Management employees as set forth in the City of Gonzales Personnel Rules, Regulations and Policies, as may be amended from time to time, including
80 hours of vacation leave per year
96 hours of sick leave per year (accrued @ 3.69 hours per pay period) 1 floating holiday per year (credited January 1 of each year) 12 standard holidays provided to other employees.

Additionally, in recognition of the fact that Gil must devote a great deal of time outside of normal office hours to the business of EMPLOYER, City shall provide Gil with forty (40) hours per year of administrative leave, credited on July 1 of each year. Administrative time does not roll-over into subsequent years and must be used within each fiscal year in which it is granted.

Any caps on the accrual of vacation, sick leave or administrative time off, or restrictions on when such leave must be used applicable to other City Management Employees at the time of the execution of this Agreement shall apply to Gil.

Gil shall not be entitled to any amendments to such benefits as may be made from time-totime by Council action after execution of this Agreement. Any change to such benefits must be made through negotiation with EMPLOYER, and only at the time of the annual Job Performance Evaluation set forth in Paragraph 9.

7. Automobile. Gil shall have the use of a City-owned automobile for her professional use.

With the exceptions noted below, personal use of the City Automobile is not allowed. The City Automobile shall also not be used to transport family members, friends or other persons not involved in the conduct of EMPLOYER’S business. Exceptions to this policy are as follows:

A. A family member may accompany Gil in the City Automobile to an official function to which the family member is welcomed or invited.

B. Gil may use the City Automobile for personal use that is reasonable and incidental to primary use. For purposes of this Agreement, incidental use is defined as a use that does not exceed the primary use of the City Automobile in either time or distance traveled in a twenty-four-hour period. Examples would be stops at the grocery store, use of the Packet Pg. 258 Attachment: Agreement with Carmen Gil (2731 : Resolution No. 2023-34 JOINT Resolution Approving Employment Agreement Wtih Carmen Gil) 5 automobile for an errand during the lunch hour or stopping for a meal on the way to or from an out-of-town meeting. Occasional overnight use to and from Gil’s residence is also allowed.

8. Expenses- Dues and Subscriptions. EMPLOYER agrees to reimburse Gil for all travel expenses and conference fees for annual League of California Cities meetings and annual International City/County Management Association meetings.

All other expenses incurred by Gil in the performance of her official duties shall be reimbursed in accordance with applicable City policies.

Upon City Council approval through the budget process, EMPLOYER shall pay a reasonable amount annually for Gil’s dues and subscriptions to professional organizations related to municipal management, and membership dues and related fees for local and regional community organizations. Where possible, requests for such amounts shall be made by Gil on an annual basis at or around the time of consideration and approval of the City fiscal year budget.

9. Review of Job Performance. EMPLOYER, through the City Council, shall review and evaluate the performance of Gil. The Council will meet twice a year, in December and June, or at any other time chosen by the Council, to discuss and review Gil’s performance. Said review and evaluation shall be in accordance with specific criteria developed by the City Council with consultation from Gil. Said criteria may be added to or deleted as the City Council may from time to time determine, in consultation with Gil. At the conclusion of each evaluation, the City Council shall provide Gil with a written summary of its findings and the opportunity to discuss the evaluation with the Council. All such information shall be kept confidential by the parties and shall be used by said parties only for the purpose of improving the employment relationship or for the purpose of exercising rights under the terms of this Agreement.

The 12-month annual evaluation process, conducted in June of each year, shall also provide EMPLOYER and Gil with the opportunity to discuss potential modifications to compensation and benefits as established in Sections 4 and 6. All such modifications must be mutually agreeable to EMPLOYER and Gil and memorialized in writing.

EMPLOYER, through the City Council, shall periodically define such goals and performance objectives which it determines are necessary for the proper operation of the EMPLOYER’s council/boards in the attainment of the Council/Agency/Utility policy objectives, and shall further establish a relative priority among those various goals and objectives. All such goals and objectives shall be reduced to writing and may be used for evaluation purposes. Said goals and objectives shall generally be reasonably attainable within the limitations specified in the annual operating and capital budgets and provided appropriations.

10. Computer- Telecommunications. City agrees to provide a portable computer and software for Gil’s exclusive use at home or in the field. Such equipment shall remain the property of City, and upon Gil’s departure, shall be returned by Gil to City. Gil is expected to comply Packet Pg. 259 Attachment: Agreement with Carmen Gil (2731 : Resolution No. 2023-34 JOINT Resolution Approving Employment Agreement Wtih Carmen Gil) 6 with all City rules, regulations and policies concerning the use and care of City-issued electronic communications equipment.

11. Indemnification. EMPLOYER shall defend, save harmless, and indemnify Gil against any tort, professional liability claim or demand or other legal action arising out of an alleged act or omission occurring in the performance of Gil’s duties as City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Electric Authority Executive Director/Electric Utility Executive Director in accordance with the provisions of California Government Code Section 825, and provide a defense in accordance with Government Code Section 995. Gil’s conviction for any felony or misdemeanor involving moral turpitude shall be a basis for exemption from this indemnification. EMPLOYER may compromise and settle any such claim or suit and pay the amount of any settlement or judgment therefore.

12. Bonding. EMPLOYER shall bear the full cost of any fidelity or other bond required under any law or ordinance.

13. Termination.

A. Termination Prior to Expiration of Term. This Agreement may be terminated prior to the expiration of the term specified in Paragraph 2 above in any one of the following ways:
i. At any time, by mutual agreement of the parties hereto, expressed in writing; or ii. By Gil, upon giving EMPLOYER not less than sixty (60) days’ prior written notice of her election to terminate; or
iii. By EMPLOYER (by affirmative vote of at least three (3) City Council members), for cause, arising from a willful breach of duty or habitual neglect of duty of Gil, by Gil’s conviction of a crime involving moral turpitude, or for any conduct by Gil which makes it impossible or impracticable for her to perform her duties hereunder, or that seriously impedes EMPLOYER’s operations. Gil shall not have any right to appeal or hearing for termination pursuant to this section; or iv. By EMPLOYER (by affirmative vote of at least three (3) City Council members), without cause, upon giving to Gil written notice of termination. Upon termination and execution of a complete release and waiver of all claims, grievances or causes of action against EMPLOYER, its employees, agents, officers and appointed and elected officials arising out of or concerning this Agreement, Gil shall be paid forthwith a sum equal to her salary for a period of four (4) months as severance. Gil shall not have any right to appeal or hearing for termination pursuant to this section. Upon receipt of an overall above-average annual evaluation at the end of the first year of this Agreement, the amount of severance pay shall increase to six (6) months.

Notwithstanding the foregoing, Gil may not be removed from office without cause pursuant to this provision during or within a period of one hundred eighty (180) days succeeding any general municipal election held in the City after the effective date of this Packet Pg. 260 Attachment: Agreement with Carmen Gil (2731 : Resolution No. 2023-34 JOINT Resolution Approving Employment Agreement Wtih Carmen Gil) 7 Agreement at which a new city council member is elected. This prohibition shall not be applicable to the Council’s election to not renew or extend this Agreement as set forth in Subsection B of this Section 13.

B. Election Not to Renew or Extend Agreement. Should EMPLOYER elect not to extend or renew this Agreement, EMPLOYER shall provide Gil one hundred twenty (120) days’ written notice prior to the Agreement’s expiration date as established herein.

C. Disability. If Gil is permanently disabled or is otherwise unable to perform her duties because of sickness, accident, mental incapacity or health for a period of four (4) successive weeks beyond any accrued sick leave, or for twenty (20) working days over a thirty (30) day working period, EMPLOYER shall have the option to terminate this Agreement, subject to the severance pay requirements in this Section.

D. Notwithstanding the language set forth in Subsection A above, any severance amount paid pursuant to this Agreement shall be subject to the restrictions set forth in California Government Code Section 53260, which provides that the maximum amount of severance pay that Gil may receive shall be the lesser of (i) twelve (12) months base salary; or (ii) base salary for the number of months remaining on the term of this Agreement. Additionally, any cash settlement related to termination of this Agreement received by Gil from EMPLOYER shall be fully reimbursed to EMPLOYER if Gil is convicted of a crime involving the abuse of her office or her position while employed by the City/Successor Agency/Successor Housing Agency/Electric Authority/Electric Utility, pursuant to Government Code Section 53243.2.

14. Compatibility with State Law. This Agreement is made subject to all applicable laws of the State of California, specifically including but not limited to Section 34851, et seq. of the Government Code. In the event of any conflict between the provisions of this Agreement and any such state law, the provisions of said State law shall apply.

15. Compatibility with Municipal Code. The provisions of this Agreement are subject to the limitations contained in Chapter 1.28 of the Gonzales City Code, as from time-to-time amended, and in the event of any conflict between the provisions of this Agreement and Chapter 1.28, the provisions of Chapter 1.28 shall be controlling.

16. Miscellaneous.

A. The text herein shall constitute the entire Agreement between the parties. The Agreement may not be modified, except by written agreement executed by both parties.

B. If any provision or any portion thereof contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.

Packet Pg. 261 Attachment: Agreement with Carmen Gil (2731 : Resolution No. 2023-34 JOINT Resolution Approving Employment Agreement Wtih Carmen Gil) 8 C. The parties agree that any ambiguity in this Agreement shall not be construed or interpreted against, or in favor of, either party.

D. In the event of litigation per the terms of this Agreement, the prevailing party shall be entitled to attorneys’ fees and cost.

IN WITNESS WHEREOF, said parties have executed this Agreement on the ___ day of June, 2023.

By ___________________________________
Carmen Gil

CITY OF GONZALES
By
Jose Rios, Mayor

CITY OF GONZALES AS SUCCESSOR AGENCY TO THE GONZALES

REDEVELOPMENT AGENCY
By
Jose L. Rios, Chair

CITY OF GONZALES SUCCESSOR HOUSING AGENCY
By
Jose L. Rios, Chair

CITY OF GONZALES ELECTRIC AUTHORITY
By
Jose L. Rios, President
Packet Pg. 262 Attachment: Agreement with Carmen Gil (2731 : Resolution No. 2023-34 JOINT Resolution Approving Employment Agreement Wtih Carmen Gil) 9 CITY OF GONZALES ELECTRIC UTILITY
By
Jose L. Rios, President
ATTEST:

Mary Villegas, Deputy City Clerk
APPROVED AS TO FORM:

Michael F. Rodriquez, City Attorney
Packet Pg. 263 Attachment: Agreement with Carmen Gil (2731 : Resolution No. 2023-34 JOINT Resolution Approving Employment Agreement Wtih Carmen Gil)

Gonzales City CouncilJune 5, 2023

Gonzales City Council
June 5, 2023