Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall located at 147 Fourth Street, Gonzales, California, during normal business hours.
A G E N D A
JOINT MEETING OF THE
GONZALES CITY COUNCIL AND
GONZALES SUCCESSOR AGENCY
CITY COUNCIL CHAMBERS – 117 FOURTH STREET
GONZALES, CA 93926
MONDAY, DECEMBER 4, 2023
6:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
1. ROLL CALL- City Council/Successor Agency
Mayor Pro Tem/Vice Chair Scott Funk, Council/Agency Member Liz Silva, Council/Agency Member Lorraine Worthy, Council/Agency Member Maria Orozco, Mayor/Chair Jose L. Rios
Successor Agency Item
PUBLIC NOTICE
This meeting is being conducted consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The public may participate in person or online via zoom at https://us06web.zoom.us/j/87020263943 or call 1 (669) 900-6833 and use Meeting ID: 870 2026 3943.
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. Salinas Valley Health
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.
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, Successor Agency, Public Financing Authority - Regular Meeting - November 20, 2023 Minutes
*
*
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.
5. Approve City Accounts Payable Warrants #49463-49542
6. Consider Approval of a Consulting Services Agreement Between the City of Gonzales and Olinga Learning for its Youth Development Wings of Knowledge Program in the Amount of $20,000 Funded by Measure K funds; and Authorize the City Manager to Sign it
REGULAR AGENDA
7. Monterey County Business Council Proposal
a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Receive a presentation from the Monterey County Business Council on their proposal to retain a local Small Business Development Center, and provide direction on whether to support the effort with $5,000 for the matching part of the grant they are seeking
8. PG&E’s Request for Tree Removal at North Alta Street Entry a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Receive report on PG&E’s request to remove six City trees at the North Alta Street entry due to their proximity to the electric transmission line and provide feedback and direction to staff
9. Progress Report on the Community Center Complex Project a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Receive the report and provide staff with comments and feedback
GONZALES YOUTH COUNCIL UPDATES
10. Oral Communications
BUSINESS FROM CITY COUNCIL
11. City Council Board/Committee Reports
a. Transportation Agency for Monterey County
b. Mayor Selection Committee
c. Salinas Valley Recycles
d. Central Coast Community Energy
12. Oral Communications
BUSINESS FROM CITY MANAGER
13. Oral Communications
Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall located at 147 Fourth Street, Gonzales, California, during normal business hours.
CLOSED SESSION
Any member of the public may address the Council on a closed session item appearing on the agenda.
Speakers shall have a limited time of three (3) minutes. Please be brief and to the point.
14. The City Council will recess to closed session pursuant to Government Code Section 54956.8 to confer with and give instructions to its real property negotiator concerning the lease of property located at/on the City’s Water Tower located adjacent to 5th Street and U.S. Highway 101.
15. The City Council will recess to closed session to confer with its attorney regarding litigation pursuant to Government Code Section 54956.9(d)(2) and is hereby of the opinion that a significant exposure to litigation exists.
ADJOURNMENT
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (831) 675-5000. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (CFR 35.102-
35.104 ADA Title II). This is a public meeting and as such, can be seen live by people present or online and is being recorded; therefore; anything you say or do here is public information. The recordings are available online.
MINUTES
JOINT MEETING OF THE
GONZALES CITY COUNCIL,
SUCCESSOR AGENCY, AND
GONZALES PUBLIC FINANCING AUTHORITY
MONDAY, NOVEMBER 20, 2023
5:00 P.M.
CALL TO ORDER
The meeting was called to order at 6:00 PM by Mayor Pro Tem Scott Funk.
PLEDGE OF ALLEGIANCE
The flag salute was recited by all present.
ROLL CALL
Attendee Name Title Status
Jose L. Rios Mayor/Chair Excused
Scott Funk Mayor Pro Tem/Vice Chair Present
Liz Silva Council/Agency/Board Member Present
Lorraine Worthy Council/Agency/Board Member Present
Maria Orozco Council/Agency/Board Member Present
YOUTH COMMISSIONERS
Aliyah Castillo.
STAFF PRESENT
City Manager Carmen Gil, City Attorney Michael F. Rodriquez, Community Development Director Kinison Brown, Finance Director Mike Howard, Executive Assistant to the City Manager/Deputy City Clerk Mary Villegas, Administrative Assistant II Esthela Palmerin, Public Works Director/City Engineer Patrick Dobbins, Fire Chief Jason Muscio, and Police Chief Keith Wise. * Successor Agency Item
Financing Authority Item
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Minutes Acceptance: Minutes of Nov 20, 2023 5:00 PM (CONSENT AGENDA) AGENDA
ITEM
4
PUBLIC NOTICE
This meeting is being conducted consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The public may participate in person or online via zoom at https://us06web.zoom.us/j/89372412346 or call 1 (669) 900-6833 and use Meeting ID: 893 7241 2346. 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]
GOAL SETTING SESSION
2. Goal Setting Workshop
Deputy City Clerk Villegas opened the workshop at 5:00pm and it was adjourned to 6:00pm.
ADJOURN TO REGULAR COUNCIL-SA-FA MEETING
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.
Henry Martinez Sr., 112 Tenth Street, commented about being happy to go district voting next year and hoped someone represents District 4 who has a mindset how to run a City; Police having too many vehicles; stop paying them to attend meetings; recommended ways to save money for a fire truck and to pay bills; and he will audit the Police Department.
Rosa Rodriguez, 307 Ayrshire Way, suggested people bring jackets to the Holiday events the City is having to donate to needy people, and commented about being tired of people taking credit for things when everything is a team effort.
CONSENT AGENDA
4. Approve the Joint City Council and Successor Agency - Regular Meeting - November 6, 2023 Minutes
5. Approve City Accounts Payable Warrants #49420-49462
6. Approve Successor Agency Accounts Payable Warrants #1682-1683
7. City Manager’s Report
8. Community Development Department Activity Report
9. Community Engagement & Recreation Departments Activity Report
10. Fire Department Activity Report
11. Police Department Activity Report
12. Public Works/City Engineer Department Activity Report *
*
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Minutes Acceptance: Minutes of Nov 20, 2023 5:00 PM (CONSENT AGENDA)
13. Review and Accept the 2023 Annual Public Financing Authority Report
14. Receive a Technical Memorandum Regarding Replacement of the Heater at the Community Pool and Direct Staff to Seek Bids to Replace the Heater with the Same Make/Model
15. Authorize Execution of a Subrecipient Agreement Between the City of Gonzales and the County of Monterey to Receive $704,857 in Community Development Block Funding for Phase 1 of the Community Center Complex Project
16. Consider Approval of Resolution No. 2023-68, A Resolution of the City Council of the City of Gonzales Establishing an Additional Public Works Lead Worker Position Focused on Utilities, and Adding it to the Organizational Chart
17. Consider Approval of Resolution No. 2023-69, A Resolution of the City Council of the City of Gonzales Establishing the Job Classification of a Police Officer Recruit Position, Adopting a Job Description, Approving the Classification of a Temporary–Short Term Position, Establishing a Salary for it, and Adjusting the Organizational Chart to Reflect it RESULT: APPROVED [UNANIMOUS] Item 17
MOVER: Lorraine Worthy, Council Member
SECONDER: Maria Orozco, Council Member
AYES: Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco EXCUSED: Jose L. Rios
18. Consider Approval of Resolution No. 2023-70, A Resolution of the City Council of the City of Gonzales Authorizing the City Manager to Withdraw the Funding Donated for the Dennis and Janice Caprara Community Center Complex from the Community Foundation Account RESULT: APPROVED [UNANIMOUS] Items 4-16, and 18
MOVER: Maria Orozco, Council Member
SECONDER: Liz Silva, Council Member
AYES: Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco EXCUSED: Jose L. Rios
Council Member Worthy pulled Item 17 by mistake. She pulled Item 14 for further discussion.
She commented about the timeline and said her concern was that it was a realistic timeline, but what if there was a glitch or some reason we don't have the heater on time. She asked why we couldn't do this sooner because we talked about this months ago and felt like we wasted time.
Public Works Director Dobbins gave a timeline since the August meeting and recommendations from the pool designer regarding solar power, and said staff coordinated this with the designer and Engie representatives. He indicated staff can compress the schedule and went over the process for when a bid is submitted and a contract is executed. He stated staff understands the urgency of getting the heater replaced but staff some cushion in the timeline.
Council Member Worthy wanted to make sure that was looked at to meet the timeline.
REGULAR AGENDA
19. Consider Approval of Resolution No. 2023-67, A Resolution of the City Council of the City of Gonzales Establishing New Water and Sewer Rates for Calendar Years 2024 Through 2028 Staff Report: Public Works Director Dobbins presented the staff report.
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Minutes Acceptance: Minutes of Nov 20, 2023 5:00 PM (CONSENT AGENDA)
Allison Lechowicz, Lechowicz & Tseng, presented via presentation, providing a background, water system costs, current monthly water rates review, proposed water meter fees, proposed water volume rates, water rate survey, FY 2024 sewer cost of service analysis, current sewer rates review, proposed sewer rates, sewer rate survey, average water and sewer utility bill, and Proposition 218 procedures.
Sophia Mills, Lechowicz & Tseng, translated in Spanish.
City Attorney Rodriquez informed the Council we received 275 protests and he took out 6 of those because we had 5 that were not signed and one was a duplicate where it looks like the husband and wife signed, so as we enter the public hearing, we have 269.
Council Member Orozco asked the Attorney if it had to be one signature per parcel.
City Attorney Rodriquez responded yes, and staff didn't have an opportunity to go through those in detail, he was just checking to see if they had been signed.
Mayor Pro Tem Funk opened the public hearing at 6:44pm.
Public Hearing: Gerardo Villegas, 230 Claussen Circle, left more protest letters on the table, and gave a history of ballot Measures X and P. He commented about the set aside amounts and thought it was pathetic since the majority of the residents were in the agriculture industry; City attempting to generate $2 million in funds to transfer the funds from the sewer and water to fund the community center that should have been funded by Measure X; asked if they were trying to fund the H2A building or because of the new cooler being built and asked if those companies should pay for the water and sewer demand costs. He thought the rates were outrageous and went over the percentages and increases, and told Mayor Rios not to get comfortable in the seat because he will make it his mission that he never step foot in the City Hall as a Mayor again.
Henry Martinez Sr., 112 Tenth Street, commented about his water bill issue from many years ago; City having many years to save money for this outcome for rainy days; doing ridiculous projects; new homes should pay for this because this side of town paid their share years ago; and he didn't agree being charged again.
Rosa Rodriguez, 307 Ayrshire Way, commented about asking for assistance to pay her bills because she can't work after an injury and even though she's broke or asking for help, she agreed we have to make improvements to our water and sewer infrastructure; bills going up with inflation, but didn’t agree with 20%; new developments coming in should be paying for the sewer; she liked the tiered rates; and concluded our infrastructure has to be maintained but at a fair price.
Jose Chavez, 418 Rincon Circle, asked why the last study was conducted in 1989 and if it was bad management or bad decision making that we're still on the low side compared to other cities, and what happens after that five year plan; and concluded change was coming to the Council.
Mayor Pro Tem Funk closed the public hearing at 6:56pm.
City Attorney Rodriquez informed that staff received an additional 20 protests provided during public comment and two of those were unsigned and one was a duplicate of a protest that we already had, so we have an additional 17 with a total of 286 protests.
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Minutes Acceptance: Minutes of Nov 20, 2023 5:00 PM (CONSENT AGENDA)
Mayor Pro Tem Funk wished to clarify some of the questions raised during public comment. He agreed with the tiered rates but unfortunately that’s no longer an option for the City since the State took that away from us.
City Manager Gil clarified the public comment about the percentage increase overtime, it’s 20% on the sewer, 50% over five years. She also said in year three or four, they’re going to look at the rates and potentially decrease some of them.
Mayo Pro Tem Funk added that as far as future years, it is based on the number of users we have in the system, so if we have new development or industrial or commercial, they all come into the mix and the cost is spread out.
Public Works Director Dobbins added that new development, in addition to paying the rates, they also pay the impact fees for the connections.
Council Discussion: Council Member Orozco commented about the challenges for us cities when we are mandated by the State to make changes, and our treatment plant being at capacity.
Mayor Pro Tem Funk clarified to the public this has nothing to do with the H2A project, nor is paving a way for that.
Council Member Worthy also clarified to the public that Measure X and Measure P had nothing to do with any of this. They were sales tax measures meant to pay for something else.
Community Development Director Kinison Brown commented about a strong component built into the General Plan. He said new proposals were being revenue neutral so that existing residents are not affected by the new stuff.
RESULT: APPROVED [UNANIMOUS] Resolution No. 2023-67
MOVER: Liz Silva, Council Member
SECONDER: Lorraine Worthy, Council Member
AYES: Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco EXCUSED: Jose L. Rios
GONZALES YOUTH COUNCIL UPDATES
20. Oral Communication
Commissioner Castillo reported on the last meeting where they discussed the alcohol prevention action project, and Monterey County Weekly article regarding their success of the action projects.
She announced the next meeting on December 7th.
BUSINESS FROM CITY COUNCIL
21. 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 State's Regional Growth Forecast moving forward and allocation for the next 20 years, and coming to the City level in 2024. c. Monterey Salinas Transit
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Minutes Acceptance: Minutes of Nov 20, 2023 5:00 PM (CONSENT AGENDA)
Council Member Worthy had no report since there was a great presentation at the last meeting. She asked staff if we can go back to listing all the reports every month because she feels we're off due to meeting dates. She also mentioned the Youth Guardians have applied for one of the buses they are releasing through MST.
22. Oral Communications
Council Member Worthy announced the Food Bank distribution tomorrow at 8:30am at St.
Theodore's Church for Thanksgiving. She wished everyone a Blessed Thanksgiving.
Council Member Silva asked if the Council can consider adjourning the meeting in memory of Evelyn Bernard and Josephine Pedevilla who both were very active community members and longtime residents of Gonzales. She wished everyone a Happy and Safe Thanksgiving.
Council Member Orozco announced the Tree Lighting Ceremony/Holiday Lights and La Gloria Bazaar events happening on the same day. She mentioned she received phone calls and visits regarding the rates and people were misinformed. She suggested doing some outreach in the future when we have things of this nature and maybe hosting a community meeting where folks are not limited to just three minutes to speak so we can answer their questions. She said there were a lot of misinformation and people were confused about what was being proposed. She wished everyone a Happy Thanksgiving.
Mayor Pro Tem Funk wished everyone a Happy Thanksgiving. He thanked everyone for coming out tonight. He also talked to a number of residents over the last few weeks, and thanked everyone for their time, efforts, and comments.
BUSINESS FROM CITY MANAGER
23. Oral Communications
City Manager Gil reminded the Council about the very important LAFCO meeting on November 27th from 2:00pm - 5:00pm where it could potentially have an impact on any future development outside our boundaries. She congratulated the GYC for making the cover of the Monterey County Weekly. She announced the Holiday Lights event on December 2nd from 4:00pm - 7:00pm in the downtown area, and the Parade on December 9th at 6:00pm. Organizers are requesting that participants pre-register since there won’t be onsite registration. She wished everyone a Happy Thanksgiving and thanked everyone for working with us through this process.
Community Development Director Kinison Brown reported on the progress of the City's 6th Cycle Housing Element.
Public Works Director Dobbins announced the new Maintenance Worker Efrain Nunez who is a Gonzales High graduate and resident, and he starts tomorrow. He'll introduce him at a future Council meeting.
Fire Chief Muscio told everyone to make sure they fry their turkeys outside, not inside due to past fire incidents, and announced Thanksgiving Day is one of the highest days of the year for choking hazards so be careful. He also suggested watering live Christmas trees early and often.
Police Chief Wise encouraged everyone to watch the video of Officer Perez and High School students regarding safety on how to cross streets properly. It is on the Police Department's Facebook page and has been shared several times. He gave kudos to Officer Perez and the students for putting it together.
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Minutes Acceptance: Minutes of Nov 20, 2023 5:00 PM (CONSENT AGENDA)
ADJOURNMENT
The meeting was adjourned in memory of Evelyn Bernard and Josephine Pedevilla.
The meeting was adjourned at 7:16 PM.
ATTEST:
Mary Villegas, Deputy City Clerk
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Minutes Acceptance: Minutes of Nov 20, 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 Page: 1
Time: 8:59 am
Date: 11/22/2023
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
49463 11/15/23 Printed 4785 OPENGOV, INC Online Budget Book Implementation. 19,420.00 49464 11/15/23 Printed 4791 MELCHOR VILLANUEVA Aco Unit Upfit 1,973.25 Total Checks: 2 Checks Total (excluding void checks): 21,393.25 Total Payments: 2 Bank Total (excluding void checks): 21,393.25 Total Payments: 2 Grand Total (excluding void checks): 21,393.25 AGENDA
ITEM
Packet Pg. 11
Attachment: Warrants #49463-49542 (2876 : Approve City Accounts Payable Warrants #49463-49542) 5 City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 8:55 am
Date: 11/22/2023
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
49465 11/24/23 Printed 1922 A & G PUMPING, INC. Porta Potties 395.50 49466 11/24/23 Printed 2 ALL - SAFE ALARMS Monthly Monitoring 400.00 ALVAREZ TECHNOLOGY 123.75
GROUP, INC.
49467 11/24/23 Printed 3893 Computer Port Assistance
ARMANASCO PUBLIC 12,500.00
RELATIONS,
49468 11/24/23 Printed 3284 PR Support
49469 11/24/23 Printed 2830 AT&T Corp Yard Acct # 308309956 95.59 49470 11/24/23 Printed 4117 AT&T Phone Service October 2023 399.33 49471 11/24/23 Printed 3805 BADGER METER INC. Meter Registers 138.66 49472 11/24/23 Printed 3526 BRYAN EQUIPMENT CO. Jack 206.57 49473 11/24/23 Printed 212 CITY OF GONZALES Water Deposits to be Applied 469.04 49474 11/24/23 Printed 4165 NATHAN CORDOBA Per Diem-Defensive Tactics-ACT 777.00 Instructor 11/26/23 - 12/8/23
49475 11/24/23 Printed 4373 CORE & MAIN LP Meter Repairs 2,143.50 49476 11/24/23 Printed 4392 IVAN CORREA Reimb. Fuel Purchase 160.00 49477 11/24/23 Printed 3028 D & J TIRE SERVICE Tire Repair 502.70 49478 11/24/23 Printed 4399 MARILYN DUBY Community Action Grant Adventure 3,000.00 Seeking Seniors
49479 11/24/23 Printed 1771 EMPLOY AMERICA Janitorial Services & Carwash 1,000.00 49480 11/24/23 Printed 3646 ENGIE SERVICES U.S. INC. Solar Panel Maint. Fee 37,035.00 49481 11/24/23 Printed 197 FARMERS FOOD MARKET Water - PD Mtg. Room 8.30 49482 11/24/23 Printed 4398 GENERAL PACIFIC, INC. PD Drones 12,442.09 GONZALES ACE HARDWARE 521.27
INC.
49484 11/24/23 Printed 3274 Evidence Room Vise
49485 11/24/23 Printed 118 GONZALES RX PHARMACY True Metrix 17.38 GONZALES TIRE & AUTO 34.37
SUPPLY
49486 11/24/23 Printed 3477 Propane
GONZALES YOUTH 9,500.00
GUARDIANS
49487 11/24/23 Printed 3621 Community Action Grant Community Activities
49488 11/24/23 Printed 2599 YSAURO GONZALES Uniform Cleaning 441.25 49489 11/24/23 Printed 342 GRAINGER, INC. Maint./Repair 56.32 49490 11/24/23 Printed 4071 GREAT AMERICA FINANCIAL Copier Lease 1,556.27 GREEN VALLEY FARM 165.74
SUPPLY
49491 11/24/23 Printed 1319 PPE - Earplugs
49492 11/24/23 Printed 3228 HARRIS & ASSOCIATES, INC. Assessment District Reports 4,223.00 49493 11/24/23 Printed 1102 HYDRO TURF, INC Timer for Central Park 254.01 49494 11/24/23 Printed 3485 INFOSEND, INC. Utility Bill & Stuffer 1,796.94 49495 11/24/23 Printed 2818 JARVIS FAY LLP. Legal Services 6,474.50 49496 11/24/23 Printed 4381 JOHN F. OTTO, INC. Community Center Design 92,087.81 49497 11/24/23 Printed 2450 ANGEL H. JOHNSTONE Meetings & Travel Expenses 1,578.13 49498 11/24/23 Printed 2686 DAVID & DONA LLOYD After Hours Answering Services 99.00 49499 11/24/23 Printed 72 MISSION UNIFORM SERVICE Towels & Mats 591.39 MONTEREY COUNTY 65.00
BUSINESS
49500 11/24/23 Printed 2721 Annual MCBC Meeting - Carmen 49501 11/24/23 Printed 3320 MVM EARTHWORK & PAVING Stormwater Fanoe Maint. 15,800.00 49502 11/24/23 Printed 3787 NEW SV MEDIA Public Hearing Notice Proposed 610.88 Water/Sewer Rates
49503 11/24/23 Printed 4400 IRMA R. OLIVA Refund Water Bill Overpayment 115.58 49504 11/24/23 Printed 1583 PIINI REALTY, INC. Pisoni Lease Appraisal 3,000.00 49505 11/24/23 Printed 3989 PSOMAS Wastewater Pretreatment Aug. 25, 2023 - 13,948.61 Sept. 28, 2023
49506 11/24/23 Printed 4396 LUZ EVELIA RICO SANCHEZ Water Deposits to be Refunded 75.77 49507 11/24/23 Printed 4397 MAGDALENA RICO Water Deposits to be Refunded 25.77 49508 11/24/23 Printed 4395 ADAM RIOS Water Deposits to be Refunded 51.45 SAFEGUARD BUSINESS 513.84
SYSTEMS
49509 11/24/23 Printed 568 Check Stock - General Acct.
SAFETY-KLEEN SYSTEMS, 240.86
INC.
49510 11/24/23 Printed 189 All Depts. Shop Maint.
SALINAS VALLEY SOLID 34,292.24
WASTE
49511 11/24/23 Printed 258 Tonage Fees - October
49512 11/24/23 Printed 2311 SBS Sidewalks 2,615.42
49513 11/24/23 Printed 2685 SC FUELS Fuel 930.06
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Attachment: Warrants #49463-49542 (2876 : Approve City Accounts Payable Warrants #49463-49542) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
RABOBANK Page: 2
Time: 8:55 am
Date: 11/22/2023
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
SCHAAF & WHEELER, 14,218.00
CONSULTING
49514 11/24/23 Printed 3894 Well 6
49515 11/24/23 Printed 2449 SMITH & ENRIGHT Monthly Landscape Maint. - Oct 6,893.25 49516 11/24/23 Printed 119 SOLEDAD HARDWARE Storage Shed 293.17 49517 11/24/23 Printed 2673 SPECTRUM Internet Services 1,199.00 49518 11/24/23 Printed 4361 STAPLES, INC. Office Supplies 185.16 49519 11/24/23 Printed 3880 THE MAYNARD GROUP Video Conferencing 568.98 49520 11/24/23 Printed 4021 THE SALVATION ARMY, Community Action Grant Camp Redwood 7,250.00 Glen
THE SPCA OF MONTEREY 736.00
COUNTY
49521 11/24/23 Printed 1890 Services for October
49522 11/24/23 Printed 4086 TRANS UNION LLC Trans Union 2.70 49523 11/24/23 Printed 4401 TREETOP PRODUCTS, LLC Benches 3,758.42 49524 11/24/23 Printed 3718 TRINI'S PLUMBING Buildings - Batteries 341.27 49525 11/24/23 Printed 3790 JAMES ERIC TYNAN Annual Backflow Testing 2,825.00 49526 11/24/23 Printed 3577 U.S. BANK 11/6/2023 Planning Acct # 4866 9145 206.42 5550 8537
49527 11/24/23 Printed 3577 U.S. BANK 11/6/2023 City Hall Acct # 4866 9145 8,847.60 5550 8537
49528 11/24/23 Printed 3577 U.S. BANK 11/6/2023 Public Works Acct # 4866 457.53 9145 5550 8537
49529 11/24/23 Printed 3410 ULINE, INC. Cleaning Supplies 171.64 49530 11/24/23 Printed 379 V & V MANUFACTURING, INC. ACO/CSO Badges 108.19 VALLEY ELECTRIC MOTOR 5,567.06
SERVICE
49531 11/24/23 Printed 132 Vehicle Maint.
MARIA ANTONIA VARGAS 127.97
AGUILAR
49532 11/24/23 Printed 4394 Water Deposits to be Refunded 49533 11/24/23 Printed 3471 VERIZON WIRELESS Cellphones - October Acct # 304.08 742128049-00001
49534 11/24/23 Printed 3895 VESTRA RESOURCES INC. GIS Support 76.00 49535 11/24/23 Printed 2919 WAGEWORKS FSA Fees - Oct. 2023 250.00 Total Checks: 70 Checks Total (excluding void checks): 317,867.33 Total Payments: 70 Bank Total (excluding void checks): 317,867.33 Total Payments: 70 Grand Total (excluding void checks): 317,867.33 Packet Pg. 13
Attachment: Warrants #49463-49542 (2876 : Approve City Accounts Payable Warrants #49463-49542) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 8:57 am
Date: 11/22/2023
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
49536 11/24/23 Printed 3970 MNS ENGINEERS, INC. Update Construction Standards June 2,037.50 2023
49537 11/24/23 Printed 3247 NHA ADVISORS LLC Community Center Support 25,062.50 49538 11/24/23 Printed 3989 PSOMAS Wastewater CIP Mar. 3, 2023 - Apr. 27, 8,555.00 2023
49539 11/24/23 Printed 1708 SWRCB Enforcement Activities 7/1/2022 - 83.00 6/30/2023
49541 11/24/23 Printed 2919 WAGEWORKS FSA Fees - June 2023 1,200.00 Total Checks: 5 Checks Total (excluding void checks): 36,938.00 Total Payments: 5 Bank Total (excluding void checks): 36,938.00 Total Payments: 5 Grand Total (excluding void checks): 36,938.00 Packet Pg. 14
Attachment: Warrants #49463-49542 (2876 : Approve City Accounts Payable Warrants #49463-49542) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 8:58 am
Date: 11/22/2023
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
49542 11/24/23 Printed 3577 U.S. BANK 10/6/2023 Police Dept. Acct # 4866 9145 3,372.76 5550 8537
Total Checks: 1 Checks Total (excluding void checks): 3,372.76 Total Payments: 1 Bank Total (excluding void checks): 3,372.76 Total Payments: 1 Grand Total (excluding void checks): 3,372.76 Packet Pg. 15
Attachment: Warrants #49463-49542 (2876 : Approve City Accounts Payable Warrants #49463-49542) City of Gonzales
CITY MANAGER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: December 4, 2023
FROM: Carmen Gil, City Manager
SUBJECT: Agreement with Olinga Learning for Youth Development Wings of Knowledge Program
RECOMMENDATION
It is recommended that the City Council approve a Consulting Services Agreement between the City of Gonzales and Olinga Learning for its youth development Wings of Knowledge Program in the amount of $20,000 funded by Measure K funds; and authorize the City Manager to sign it.
BACKGROUND
The Measure K Committee recommended that the City Council approve and support the youth development strategy being offered by the Wings of Knowledge Program. On June 20, 2023, the Council approved the recommended list of programs and amount allocations, which included the Wings of Knowledge program offered by Olinga Learning in the amount of $20,000. Olinga Learning submitted their proposal for programming in November, which would provide approximately 170 Gonzales youth an opportunity to engage in hands-on-learning around agricultural engineering. Through collaborations with CSUMB and other agricultural partners, the participants would receive training in the areas of agriculture, research, technology, science, and project management.
The program’s new model supports local sustainability and the Council’s values of ‘growing local talent’.
It hires and trains local “interns”, which then lead and teach a team of six students (grades 5-8) engineering technology. The program will run through the end of June and once completed Olinga will provide a written and oral report on the services rendered and the total number of participants engaged.
AGENDA
ITEM
6 Packet Pg. 16
REVIEW AND ANALYSIS
The Wings on Knowledge program has reestablished itself in the community, not only partnering with the city, but also partnering once again with the School District. This collaboration allows for greater impact whereby the youth of Gonzales are once again able to access more career development opportunities.
Duties and Commitments
The Measure K Committee and the Council have approved the collaboration with Olinga by allocating $20,000 from the Measure K budget.
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: This partnership will provide leadership development, career exploration and engagement opportunities for local youth interested in agricultural science and engineering.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.
Explain: This effort supports the Council’s vision of establishing pathways for local youth to develop into successful members of the community.
City services will be delivered in a cost-effective, respectful, and friendly manner to insure the safety and well being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.
Explain: Please see explanation above for the Vision.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes No X N/A
• Housing Yes No X N/A
• Recreation Yes No X N/A
• Environment X Yes No N/A
• Education X Yes No N/A
Explain: Please see explanation above for the Vision.
ALTERNATIVES
Without the City’s support for this program, the programming offered by Olinga will be limited and will exclude a great number of participants.
Packet Pg. 17
BUDGET IMPACT
The impact on the City’s budget would be $20,000, which has already been allocated to the project via Measure K funding.
Timeframe Amount To Be Billed
March $5,000
June $15,000
CONCLUSION
It is recommended that the City Council approve a Consulting Services Agreement between the City of Gonzales and Olinga Learning for its youth development Wings of Knowledge Program in the amount of $20,000 funded by Measure K funds; and authorize the City Manager to sign it.
Attachments:
1. Agreement with Olinga Learning
Packet Pg. 18
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF GONZALES AND OLINGA LEARNING
THIS AGREEMENT for consulting services is made by and between the City of Gonzales (“City”) and Olinga Learning (“Consultant”) (together referred to as the “Parties”) as of December ___ 2023 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit ‘A’, and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit ‘A’, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end upon satisfactory completion of all work as described in the Scope of Work attached as Exhibit ‘A’, as determined by the City in its sole discretion, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. Notwithstanding the foregoing, the term of this Agreement shall not extend past June 31, 2024. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent and approved personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire, reassign such person or persons.
1.4 Time. Consultant is responsible for the performance of all services pursuant to this Agreement.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $20,000 notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement.
In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement in accordance with the schedule set forth in Exhibit A . The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is not intended to include the costs of contributions to any pensions and/or annuities to which Packet Pg. 19
Attachment: Agreement with Olinga Learning (2877 : Agreement with Olinga Learning for Youth Development Wings of Knowledge Program) Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices in accordance with the payment schedule set forth in Exhibit A, based on the cost for services performed .
Invoices shall contain the following information:
▪
▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
▪ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
▪ The Consultant's signature;
▪ Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12- month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.
2.2 Monthly Payment. N/A
2.3 Final Payment. N/A
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Payment of Subcontractors. Consultant is solely responsible for payment to all subcontractors that complete work under the terms of this Agreement.
2.6 Reimbursable Expenses. N/A
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination subject to Packet Pg. 20
Attachment: Agreement with Olinga Learning (2877 : Agreement with Olinga Learning for Youth Development Wings of Knowledge Program) the review and confirmation of staff from the City’s Community Engagement Department. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of the City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consistent with the following provisions, Consultant shall provide proof satisfactory to the City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant.
The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 per accident.
In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a selfinsurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
Packet Pg. 21
Attachment: Agreement with Olinga Learning (2877 : Agreement with Olinga Learning for Youth Development Wings of Knowledge Program)
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and nonowned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an "occurrence" basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant. c. For any claims related to this Agreement or the work hereunder, the Consultant's insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City.
4.3 Professional Liability Insurance.
4.3.1 General requirements. N/A
4.3.2 Claims-made limitations. N/A .
Packet Pg. 22
Attachment: Agreement with Olinga Learning (2877 : Agreement with Olinga Learning for Youth Development Wings of Knowledge Program)
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A: VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e., limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach:
▪ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Packet Pg. 23
Attachment: Agreement with Olinga Learning (2877 : Agreement with Olinga Learning for Youth Development Wings of Knowledge Program) ▪ Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or
▪ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES.
Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, reasonable attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with Consultant's negligent performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole or active negligence or willful misconduct of City.
The Consultant's obligation to defend and indemnify shall not be excused because of the Consultant's inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.
With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type to express or implied indemnity against the Indemnitees.
Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant and any subcontractors shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; Packet Pg. 24
Attachment: Agreement with Olinga Learning (2877 : Agreement with Olinga Learning for Youth Development Wings of Knowledge Program) however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement.
Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant or its subcontractors shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Packet Pg. 25
Attachment: Agreement with Olinga Learning (2877 : Agreement with Olinga Learning for Youth Development Wings of Knowledge Program) Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
Consultant may cancel this Agreement upon 20 days' written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein.
Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following:
Packet Pg. 26
Attachment: Agreement with Olinga Learning (2877 : Agreement with Olinga Learning for Youth Development Wings of Knowledge Program)
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit ‘A’ that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in Packet Pg. 27
Attachment: Agreement with Olinga Learning (2877 : Agreement with Olinga Learning for Youth Development Wings of Knowledge Program) addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Monterey or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
Packet Pg. 28
Attachment: Agreement with Olinga Learning (2877 : Agreement with Olinga Learning for Youth Development Wings of Knowledge Program)
10.9 Contract Administration. This Agreement shall be administered by Carmen Gil ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Vahid Motazedian, Executive Director
Olinga Learning
P.O. Box 1705
Gonzales, CA 93926
Any written notice to City shall be sent to:
Carmen Gill, City Manager
City of Gonzales
P. O. Box 647
Gonzales, CA 93926
10.11 Integration. This Agreement, including the Scope of Work attached hereto and incorporated herein as Exhibit ‘A’ as described below, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
The Parties have executed this Agreement as of the Effective Date.
CITY OF GONZALES OLINGA LEARNING
Carmen Gil, City Manager Vahid Motazedian, Executive Director
ATTEST:
Mary Villegas, Deputy City Clerk
Approved as to Form:
Michael F. Rodriquez, City Attorney
Packet Pg. 29
Attachment: Agreement with Olinga Learning (2877 : Agreement with Olinga Learning for Youth Development Wings of Knowledge Program) EXHIBIT ‘A’
SCOPE OF WORK, BUDGET, TIMEFRAME, SAFETY
1. SCOPE OF WORK
The funding from the City will help to support activities with approximately 170 Gonzales youth (10 interns, 60 on research teams, 100 in classroom based activities). The work will be focused in three primary goal areas:
● Youth Development
● Pre-Employment Skills Development
Goal #1 Youth Development: Youth will engage in developmentally appropriate activities that advance their critical thinking, creativity, collaboration, and communication skills.
Major Activities:
● Recruit, train and develop 10 local interns (grades 8 to college) ● Each intern will form a team of up to 6 youth (grades 5 to 8). ● Each intern will help lead classroom-based activities with the 6th grade classes at Fairview Middle School.
● Teams will participate in 1 to 2 sessions per month, the duration of sessions ranging between a few hours at the school to full-day field trips. ● Youth will track and review progress monthly with an evaluation tool.
Measurable Outcomes:
● 90% of youth will complete the program year.
● 100% of youth who complete the program will demonstrate increased critical thinking ability and enhanced collaboration and communication skills.
Goal #2 Pre-Employment Skills Development: Youth will gain knowledge, acquire skills, develop qualities and habits needed for success in future careers.
Major Activities:
● Each team will be trained using curriculum co-developed by Olinga, CSUMB, and industry partners.
● Each team will complete 1 to 2 projects per year, in collaboration with industry partners.
Measurable Outcomes:
● 100% of youth who complete the program will have earned new microcredentials in the content areas of: agriculture, research, technology, science, and project management.
● 100% of youth who complete the program year can articulate the impact of their projects on the region and for the industry partners they collaborated with. ● 100% of youth who complete the program year have a better understanding of their personal talents and the contributions they made to the progress of the team.
2. BUDGET AND TIMEFRAME
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Attachment: Agreement with Olinga Learning (2877 : Agreement with Olinga Learning for Youth Development Wings of Knowledge Program) The budget for the program is not-to-exceed $20,000. Payment will be made in two installments according to the following schedule:
Work Timeframe Amount
March 2024 $5,000
June 2024 $15,000
3. FINAL REPORT AND PRESENTATION TO COUNCIL
A final report of the activities completed along with the number of students engaged in the program will be submitted to the City along with the final invoice in June of 2024. Subsequently, the Consultant will conduct a presentation to the City Council and/or the Measure K Committee showcasing the work that was performed under this agreement.
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Attachment: Agreement with Olinga Learning (2877 : Agreement with Olinga Learning for Youth Development Wings of Knowledge Program) City of Gonzales
CITY MANAGER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: December 4, 2023
FROM: Carmen Gil, City Manager
SUBJECT: Monterey County Business Council Proposal
RECOMMENDATION
It is recommended that the City Council receive a presentation from the Monterey County Business Council (MCBC) on their proposal to retain a local Small Business Development Center (SBDC), and provide direction on whether to support the effort with $5,000 for the matching part of the grant they are seeking.
BACKGROUND
The Small Business Development Center (SBDC) is a federal, Small Business Administration (SBA) funded program to assist small businesses with resources necessary to be successful. This includes creating business plans, assistance with human resources, access to capital to ensure business owners are creating a solid foundation for their company, and more. Over the last 12 months, SBDC has assisted 839 local businesses in Monterey County.
The SBDC is currently hosted by Cal Coastal (a financial institution) through U.C. Merced (UCM), who manages multiple SBDC’s for the Small Business Administration throughout California. Cal Coastal notified U.C. Merced in October that they are opting not to renew their agreement with UCM for the SBDC designation. The Request for Proposals to host the SBDC was released at the end of October, with a tight deadline to apply by December 15, 2023.
The current SBDC and Monterey County Business Council have worked collaboratively for years, referring business owners back and forth to each other based on the needs of the companies. MCBC has been working in partnership with the County of Monterey to assist businesses recover from the pandemic - the entirely bilingual staff at MCBC is active in all areas of the county, both in seminars and on foot, AGENDA
ITEM
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engaging businesses. The opportunity to expand those SBDC services to MCBC is a seamless progression for MCBC.
Plan
If selected as the host, the Monterey County Business Council plans to run the SBDC a little differently than its current setup, securing partnerships with the City of Soledad and City of Monterey for satellite offices in South County and Monterey Peninsula, in addition to the home base office in Salinas. This allows business owners to have access to the SBDC services in their area without traveling to Salinas, which is currently the only location. There is also a plan to expand outreach to South County and the Monterey Peninsula, to ensure the assistance to those areas increases dramatically. (See Attachment A.) MCBC currently has bilingual staff, trained in outreach and assistance to businesses – the progression of working as the SBDC is a natural fit.
Funding
MCBC is currently the only local agency applying for the designation. MCBC recognizes the need for the SBDC, and understands that if no one applies, Monterey County loses the Small Business Development Center entirely. There is a local match requirement of $120,000 for the $400,000 federal SBA Small Business Development Center (SBDC) program. There is CA GoBiz (Technical Assistance Program) funding available that the MCBC plans to apply for in 2024 (the current SBDC has it), but with one month to submit the RFP, the MCBC is unable to secure it from the state for the RFP application. The requirement for funding is promissory for the RFP – the local match would only be required if MCBC is awarded the designation.
The efforts of the MCBC have secured $10,000 from the City of Monterey and a satellite location in Monterey, and they are currently asking for financial commitments from multiple cities. The MCBC has confirmation of the following:
Monterey -
Carmel -
King City -
Soledad -
Gonzales-
$10K - confirmed
$5K - confirmed
$5K - confirmed
$10K and satellite office (going to Council for approval on 12/5) $5K (going to Council for approval on 12/4)
The MCBC is pursuing additional funding from:
Sand City - $5K
Marina - $5K
Seaside - $5K
Pacific Grove- $5K
Del Rey Oaks - $5K
Greenfield- $5K
The MCBC is requesting that the County of Monterey supplement the remaining amount.
Request of the City of Gonzales
The MCBC is respectfully requesting $5,000 from the City of Gonzales towards the local match requirement, for the Small Business Development Center. The financial contribution to this effort would be contingent upon the grant being awarded to the Monterey County Business Council.
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REVIEW AND ANALYSIS
According to records presented by the SBDC to the City of Gonzales, twelve City of Gonzales businesses were served through the Small Business Development Center in 2022. Having such a strong bilingual resource made available for our existing and prospective businesses, is imperative for their continued professional development, growth and success.
Services from a broadly funded and continued program in this region include business consulting, training, events and workshops and even locally produced webinars. As an example, a current focus and program of note by the SBCD is providing childcare training programs for aspiring entrepreneurs interested in starting home daycare businesses. This 12-week childcare course began September 18, 2023, and continues now. Our Gonzales citizens and residents could benefit from such opportunities.
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: Collaborations such as this with SBDC allow the City to offer these essential human and professional entrepreneurial resources beyond what we could provide otherwise.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.
Explain: This effort supports the Council’s vision of partnering and sharing regional, local, human and professional entrepreneurial resources to nurture and sustain our community.
City services will be delivered in a cost-effective, respectful, and friendly manner to insure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.
Explain: Please see explanation above for the Vision.
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 X Yes No N/A
Explain: Please see explanation above for the Vision.
ALTERNATIVES
1. The Council can decide to support the effort and allow the City Manager to utilize the $5,000 in support of the Center.
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2. The Council could decide that it is not in the best interest of City at this time to support the Center, but that could jeopardize their ability to secure the grant due to the tight timeline and the services and functions of a Small Business Development Center will be lost.
BUDGET IMPACT
This will impact the budget by $5,000 which will be covered by the Planning Fund Balance 100-160- 6245.
CONCLUSION
It is recommended that the City Council receive a presentation from the Monterey County Business Council (MCBC) on their proposal to retain a local Small Business Development Center (SBDC), and provide direction on whether to support the effort with $5,000 for the matching part of the grant they are seeking.
Attachments:
1. MCBC Proposal
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Overview
The Small Business Development Center (SBDC) is a federal, Small Business Administration (SBA) funded program to assist small businesses with resources necessary to be successful. This includes creating business plans, assistance with human resources, access to capital to ensure business owners are creating a solid foundation for their company, and more. Over the last 12 months, SBDC has assisted 839 local businesses in Monterey County.
The SBDC is currently hosted by Cal Coastal (a financial institution) through U.C. Merced (UCM), who manages multiple SBDC’s for the Small Business Administration throughout California. Cal Coastal notified U.C. Merced in October that they are opting not to renew their agreement with UCM for the SBDC designation. The Request for Proposals to host the SBDC was released at the end of October, with a tight deadline to apply by December 15th, 2023.
The current SBDC and Monterey County Business Council (MCBC) have worked collaboratively for years, referring business owners back and forth to each other based on the needs of the companies. MCBC has been working in partnership with the County of Monterey to assist businesses recover from the pandemic - the entirely bilingual staff at MCBC is active in all areas of the county, both in seminars and on foot, engaging businesses. The opportunity to expand those SBDC services to MCBC is a seamless progression for MCBC.
Plan
If selected as the host, Monterey County Business Council plans to run the SBDC a little differently than its current setup---securing partnerships with the City of Soledad and City of Monterey for satellite offices in South County and Monterey Peninsula, in addition to the home base office in Salinas. This allows business owners to have access to the SBDC services in their area without traveling to Salinas, which is currently the only location. There is also a plan to expand outreach to South County and Monterey Peninsula, to ensure the assistance to those areas increases dramatically. (See Attachment A.)
MCBC currently has bilingual staff, expertly trained in outreach and assistance to businesses – the progression of working as the SBDC is a natural fit.
Funding
MCBC is currently the only local agency applying for the designation. MCBC recognizes the need for the SBDC, and understands if no one applies, Monterey County loses the Small Business Packet Pg. 36
Attachment: MCBC Proposal (2882 : Monterey County Business Council Proposal)
ATTACHMENT A
Development Center entirely. There is a local match requirement of $120,000 for the $400,000 federal SBA Small Business Development Center (SBDC) program. There is CA GoBiz (Technical Assistance Program) funding available that MCBC plans to apply for in 2024 (the current SBDC has it), but with one month to submit the RFP, MCBC is unable to secure it from the state for the RFP application. The requirement for funding is promissory for the RFP – the local match would only be required if MCBC is awarded the designation.
MCBC has secured $10,000 from the City of Monterey and a satellite location in Monterey, and is currently asking for financial commitments from multiple cities. We have confirmation of the following:
Monterey - $10K - confirmed
Carmel - $5K - confirmed
King City - $5K - confirmed
Soledad - $10K and satellite office (going to council for approval on 12/5) Gonzales- $5K (going to council for approval on 12/4)
We are contacting with the funding request to:
Sand City - $5K
Marina - $5K
Seaside - $5K
Pacific Grove- $5K
Del Rey Oaks - $5K
Greenfield- $5K
MCBC is requesting the County of Monterey supplement the remaining amount.
Request
MCBC is respectfully requesting $5,000 from the City of Gonzales towards the local match requirement, for the Small Business Development Center. Both would be contingent upon the SBA grant being awarded to Monterey County Business Council. ***
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Attachment: MCBC Proposal (2882 : Monterey County Business Council Proposal)
ATTACHMENT A
SBDC BUSINESSES SERVED – JULY 1, 2022 – JUNE 30, 2023
Monterey County 839
Aromas 4
Big Sur 2
Carmel 69
Carmel Valley 27
Carmel-by-the-Sea 4
Castroville 14
Chualar 3
Gonzales 12
Greenfield 14
King City 33
Marina 46
Monterey 131
Moss Landing 3
Pacific Grove 37
Pebble Beach 6
Prunedale 10
Royal Oaks 11
Salinas 308
Sand City 3
Seaside 71
Soledad 28
Spreckels 3
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Attachment: MCBC Proposal (2882 : Monterey County Business Council Proposal) City of Gonzales
PUBLIC WORKS / CITY ENGINEER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: December 4, 2023
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, City Manager
SUBJECT: PG&E Request for Tree Removal at North Alta Street Entry
RECOMMENDATION
It is recommended that the City Council receive a report on PG&E’s request to remove six City trees at the North Alta Street entry due to their proximity to the electric transmission line and provide feedback and direction to staff.
BACKGROUND
On October 24, 2023, PG&E submitted a City encroachment permit to remove six City trees on the west side of the road at the North Alta Street entry due to their proximity to the overhead electric transmission line. On November 13, 2023 staff met PG&E’s Agency Liaison and their Vegetation Project Manager at the site to discuss this request. At the meeting, the Vegetation Project Manager reiterated they are seeking city approval to remove the six redwood trees as they are too close to the electric transmission line.
REVIEW & ANALYSIS
The North Alta Street entry received significant landscaping improvements as part of the 2016 Alta Street Reconstruction Project. PG&E’s request to remove the six trees will have a moderate impact on the landscaping at this important entry to the City.
AGENDA
ITEM
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PG&E has offered the following options related to removing the trees under the power lines:
Option 1: Replant City-approved trees in a different location away from the utility lines because the expected tree types are not recommended for planting near high voltage lines. PG&E has offered to replace the six trees with 12 new trees. PG&E staff said they’d pay for removal of the six trees including stump grinding and will pay for the City to purchase 12 new trees, but the City would need to pay for planting the 12 new trees.
Option 2: PG&E would replant PG&E recommended vegetation in the current location. The PG&E guidance document for acceptable vegetation under high voltage lines is attached.
Regarding Option 1, should the City approve removal of the six trees, the 12 new trees could be planted somewhere else in the city and staff was thinking of planting them along Alta Street.
In conclusion, staff is seeking the City Council’s direction on Option 1, Option 2 or another approach to addressing PG&E request to remove these trees.
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: This is another example of the city collaboration with PG&E to address safety concerns around their transmission power lines.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ____ No____ N/A
Explain: See Vision explanation above.
City services will be delivered in a cost-effective, respectful and friendly manner to insure the safety and well being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. X Yes ____No ____ N/A Explain: See Vision explanation above.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes X No N/A
• Housing Yes X No N/A
• Recreation Yes X No N/A
• Environment X Yes No N/A
• Education Yes X No N/A
Explain: See Vision above.
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ALTERNATIVES
Two options are presented in the staff report. Staff is seeking the Council’s feedback on Option 1, Option 2, or another approach.
BUDGET IMPACT
The budget impact will depend on the selected Option. The estimated cost for Option 1 (replant 12 trees provided by PG&E in a different location) is approximately $9,000 with an additional estimated cost of $15,000 to cut down and stump grind 12 trees should the new trees replace other trees (ie, existing redwood trees in poor condition in the Alta Street median between Fourth and Fifth Streets) Option 2 (PG&E planting recommended vegetation in the current location) would be at no cost to the City.
CONCLUSION
It is recommended that the City Council receive a report on P&GE’s request to remove six City trees at the North Alta Street entry due to their proximity to the electric transmission line and provide feedback and direction to staff.
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SITE PHOTOS
Attachments:
1. PG&E Guide to Landscaping along Electric Transmission Corridors Packet Pg. 42
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Attachment: PG&E Guide to Landscaping along Electric Transmission Corridors (2875 : PG&E's Request for Tree Removal at North Alta Street Packet Pg. 44
Attachment: PG&E Guide to Landscaping along Electric Transmission Corridors (2875 : PG&E's Request for Tree Removal at North Alta Street Packet Pg. 45
Attachment: PG&E Guide to Landscaping along Electric Transmission Corridors (2875 : PG&E's Request for Tree Removal at North Alta Street Packet Pg. 46
Attachment: PG&E Guide to Landscaping along Electric Transmission Corridors (2875 : PG&E's Request for Tree Removal at North Alta Street Packet Pg. 47
Attachment: PG&E Guide to Landscaping along Electric Transmission Corridors (2875 : PG&E's Request for Tree Removal at North Alta Street Packet Pg. 48
Attachment: PG&E Guide to Landscaping along Electric Transmission Corridors (2875 : PG&E's Request for Tree Removal at North Alta Street Packet Pg. 49
Attachment: PG&E Guide to Landscaping along Electric Transmission Corridors (2875 : PG&E's Request for Tree Removal at North Alta Street Packet Pg. 50
Attachment: PG&E Guide to Landscaping along Electric Transmission Corridors (2875 : PG&E's Request for Tree Removal at North Alta Street Packet Pg. 51
Attachment: PG&E Guide to Landscaping along Electric Transmission Corridors (2875 : PG&E's Request for Tree Removal at North Alta Street Packet Pg. 52
Attachment: PG&E Guide to Landscaping along Electric Transmission Corridors (2875 : PG&E's Request for Tree Removal at North Alta Street Packet Pg. 53
Attachment: PG&E Guide to Landscaping along Electric Transmission Corridors (2875 : PG&E's Request for Tree Removal at North Alta Street Packet Pg. 54
Attachment: PG&E Guide to Landscaping along Electric Transmission Corridors (2875 : PG&E's Request for Tree Removal at North Alta Street Packet Pg. 55
Attachment: PG&E Guide to Landscaping along Electric Transmission Corridors (2875 : PG&E's Request for Tree Removal at North Alta Street Packet Pg. 56
Attachment: PG&E Guide to Landscaping along Electric Transmission Corridors (2875 : PG&E's Request for Tree Removal at North Alta Street Packet Pg. 57
Attachment: PG&E Guide to Landscaping along Electric Transmission Corridors (2875 : PG&E's Request for Tree Removal at North Alta Street Packet Pg. 58
Attachment: PG&E Guide to Landscaping along Electric Transmission Corridors (2875 : PG&E's Request for Tree Removal at North Alta Street City of Gonzales
PUBLIC WORKS / CITY ENGINEER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: December 4, 2023
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, City Manager
SUBJECT: Progress Report on the Community Center Complex Project
RECOMMENDATION
It is recommended that the City Council receive a progress report on delivery of the Community Center Complex Project and provide staff with comments and feedback.
BACKGROUND
With the passage of Measure X in the November 2020 election, the City began delivery of the Community Center Complex on City-owned property at Fifth Street/Gabilan Court. During the Fall of 2021, the City and Group 4 Architects undertook a robust community engagement program to inform the City of resident’s desired uses at the Community Center Complex. That information was incorporated into the Design Criteria documents used in the Request for Proposals issued in February 2023 to the short-listed design/build teams.
The selection of the Design/Build team occurred at the June 5, 2023 Council meeting when the Design/Build contract was awarded to Otto Construction/WRNS Studio. At that meeting, the Council also authorized issuance of a Notice to Proceed with Design Services at a not-to-exceed amount of $4,900,446.
The DBE Agreement with Otto Construction was executed and the Notice to Proceed with Design Services for Phases 1 and 2 was issued effective June 16, 2023. Phase 1 is the Teen Innovation Center, County Library, meeting rooms, restrooms, courtyard including amphitheater and site improvements (new driveway, wet/dry utilities, parking lot and landscaping). Phase 2 is the Community Center including the Community Hall, Fitness Center, commercial kitchen, meeting rooms and restrooms.
AGENDA
ITEM
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REVIEW AND ANALYSIS
This staff report is comprised of the following sections:
• Project Design
• Funding/Financing Updates
PROJECT DESIGN
Over the last five months, the design/build team has advanced the project through the Design Development Phase. The design is fine-tuned based on city staff feedback at our weekly team meetings, focused plan reviews with design subconsultants, and meetings with the user groups (County Library staff, Community Hall, Commercial Kitchen, and the Gonzales Youth Council).
The project is on schedule including WRNS making their 100% Design Development submittal on October 30, 2023. City staff and the following consultants provided review comments to WRNS:
• 4Leaf for the city building department.
• Group 4 for compliance with the project Design Criteria documents • Harris Associates for wet utilities, parking lot layout and other site design elements Per the attached “Project Road Map”, WRNS is now working on the Construction Documents and their 75% milestone submittal is planned for January 19, 2024. Final Construction Documents are expected to be submitted for issuance of the city building permit by the end of February 2024.
Ove the last month, the Design/Build Team held the following meetings:
• On November 13, 2023, WRNS staff met with City Manager Carmen Gil, Police Chief Wise, Fire Chief Muscio, and Public Works Supervisor Tiffany Twisselmann and stepped through the 100% Design Development submittal.
• On November 13, 2023, WRNS staff met with the Community Hall/Commercial Kitchen User Group (Councilmember Orozco and Rosa Rodriquez attended) and stepped through the applicable sheets of the 100% Design Development submittal. • On November 27, 2023, WRNS staff met with Ben Velez of Luigi’s Restaurant and stepped through the appliance list for the Commercial Kitchen.
WRNS staff will meet with the Gonzales Youth Council on December 7 to present updates to the Teen Innovation Center.
It’s important to mention that the Construction Manager transition from Swinerton to Harris Associates is nearly finished.
FUNDING/FINANCING UPDATES
The Community Center Complex is estimated to cost $34,525,300 for Phases 1 and 2 consisting of the Community Center, Teen Innovation Center, County Library, and all site work. Construction of this significant civic project will be funded by a variety of sources including the following:
• Measure X (local sales tax)
• $5.0 M State grant secured by State Senator Anna Caballero • Community Development Block Grant (CDBG FY 2022/23 and FY 2023/24) • $1.8M County contribution to relocate existing library from the Gonzales Shopping Center Packet Pg. 60
• Grants (Electric Vehicle Charging Station Grant and a Building Forward Library Grant) • Capital Campaign with a $10.0 million goal
Current funding for the project is:
1 Teen Innovation Center Grant (State Grant) $5,000,000 2 USDA Loan (paid by Measure X funds) $9,875,000
3 Community Development Block Grant (Federal monies) $827,750 4 County Library Contribution $1,800,000
5 Electric Vehicle Charging Station Grant $400,000
6 Building Forward Library Grant Program $1,067,430
7 Capital Campaign Contribution (private contributions and pledges) $6,737,100 Funding as of 11/15/2023 = $25,707,280
DBE Contract “Stipulated Sum” for Phase 1 = $23,619,838 Estimated Cost for Phase 2 = $10,905,462
Total Estimated Cost for Phases 1 and 2 = $34,525,300
Current shortfall to construct Phase 2 = $8,818,020
The presentation at the Council meeting will include additional details and efforts regarding the Design phase of the project.
How Recommendation Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.
Explain: Constructing a Community Center will provide residents with a multi-use facility for a wide variety of public and private functions, recreation programs and other activities which will enhance the quality of life of Gonzales residents.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ____ No____ N/A
Explain: Please see explanation above for the Mission.
City services will be delivered in a cost-effective, respectful and friendly manner to insure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. X Yes ____No ____ N/A Explain: See Vision explanation above.
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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
No alternatives to consider as part of this staff report as this is a progress report.
BUDGET IMPACT
There isn’t a budget impact related to this staff report and presentation.
CONCLUSION
It is recommended that the City Council receive a progress report on delivery of the Community Center Complex Project and provide staff with comments and feedback.
Attachments:
1. Project Road Map
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Attachment: Project Road Map (2874 : Progress Report on the Community Center Complex Project)