Agenda packet — Gonzales City Council, February 5, 2024

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

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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, FEBRUARY 5, 2024
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. Certificates of Recognition - Gonzales High School Cross Country and Football Athletes

3. Introduction of New City Employees

BUSINESS FROM THE PUBLIC

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

CONSENT AGENDA
All matters listed under the Consent Agenda are considered routine by the City Council and will be adopted by one action of the Council unless any Council Member has a question or wishes to make a statement or discuss an item. In that event, the Mayor will remove the item from the Consent Calendar for separate consideration. * 5. Approve the Joint City Council and Successor Agency - Regular Meeting - January 16, 2024 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.

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6. Approve City Accounts Payable Warrants #49694-49771

7. Approve Successor Agency Accounts Payable Warrants #1684-1685

8. Consider Approval of an Amendment to the Agreement with T-Mobile After Supporting the Hot Spot Program for 3.5 Years, Saving the City $140,000 and Terminating it in June of 2024

9. Consider Approval of an Agreement Between the City of Gonzales and NHA Advisors to Provide Municipal Advisor Services Related to the Community Center Complex Project for a Not-to-Exceed Amount of $95,000

10. Consider Approval of an Amended Subrecipient Agreement with the County of Monterey to Receive an Additional $122,912 in Community Development Block Funding for Phase 1 of the Community Center Complex Project

REGULAR AGENDA

11. Community Center Complex Project Progress Report
a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Receive report on delivery of the Community Center Complex Project, and provide staff with comments and feedback

12. Consider Preparation of City Council Rules and Procedures a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Receive report and direction to staff

GONZALES YOUTH COUNCIL UPDATES

13. Oral Communications

BUSINESS FROM CITY COUNCIL

14. City Council Board/Committee Reports
a. Transportation Agency for Monterey County
b. Mayor Selection Committee
c. Salinas Valley Recycles
d. Central Coast Community Energy

15. Oral Communications

BUSINESS FROM CITY MANAGER

16. Oral Communications

ADJOURNMENT

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

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

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MINUTES

JOINT MEETING OF THE

GONZALES CITY COUNCIL AND

GONZALES SUCCESSOR AGENCY
TUESDAY, JANUARY 16, 2024
6:00 P.M.

CALL TO ORDER
The meeting was called to order at 6:00 PM by Mayor Jose L. Rios.

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

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

YOUTH COMMISSIONERS
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, Fire Chief Jason Muscio, and Police Chief Keith Wise.
* Successor Agency Item
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Minutes Acceptance: Minutes of Jan 16, 2024 6:00 PM (CONSENT AGENDA) AGENDA
ITEM
5

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BUSINESS FROM THE PUBLIC

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

There was none.

CONSENT AGENDA

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

4. Approve City Accounts Payable Warrants #49543-49693

5. City Manager’s Report

6. Community Development Department Activity Report

7. Community Engagement & Recreation Departments Activity Report

8. Fire Department Activity Report

9. Police Department Activity Report

10. Public Works/City Engineer Department Activity Report

11. Consider Approval of Resolution No. 2024-01, A Resolution of the City Council of the City of Gonzales Approving Amendment #1 to the City of Gonzales Classification Plan for the Fiscal Year 2023-2024

12. Consider Approval of Resolution No. 2024-02, A Resolution of the City Council of the City of Gonzales Approving Amendment #2 to the City of Gonzales Classification Plan for the Fiscal Year 2023-2024

13. Consider Approval of an Agreement Between the City of Gonzales and Armanasco Public Relations Inc. through December 31, 2024, for services rendered to support the Community Center Capital Campaign not to exceed $48,000 ($24,000 per fiscal year) out of the Community Cetner Budget Fund

14. Consider Retroactively Approval of an $8,500 Agreement with Kutak Rock, LLP for Bond Counsel Services related to the Revolving Fund Loan Agreement with the State Water Resources Control Board for Construction of the Industrial Wastewater System

15. Consider Awarding the Pool Heater Replacement Contract to GIS Plumbing at a not-to-exceed cost of $80,000, Direct the City Manager to Execute a Contract with GIS Plumbing and Authorize a budget amendment to GL Account 100-515-6530 to increase expenditures by $80,000 *
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Minutes Acceptance: Minutes of Jan 16, 2024 6:00 PM (CONSENT AGENDA)

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16. Consider Termination of the Current Contract with T-Mobile for the Hot Spot Program, Saving the City $140,000

17. Consider Approval of Resolution No. SA-2024-01, A Resolution of the Successor Agency to the Former Gonzales Redevelopment Agency Approving the Recognized Obligation Payment Schedule 24-25 for the Period of July 1, 2024 through June 30, 2025 Council Member Silva pointed out a typo on page 24,under the Vista Lucia Specific Plan, it should be December 28, 2023, instead of 2024.

Mayor Rios asked what Warrant #49621 in the amount of $4,380 was for.

Police Chief Wise responded that the State Wellness Grant is given to every municipality in the State of California for the wellness of the officers, and part of that is a year of membership paid through that grant.

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

REGULAR AGENDA

18. Electronic Billboard Presentation
Staff Report: Community Development Director Kinison Brown presented the staff report via powerpoint presentation addressing the Council's initial questions regarding the digital board, other Cities' experiences, and what does revenue look like.

Scott Smith, Legacy Signs, answered Council's questions regarding Caltrans restrictions and sign locations.

Public Comment: Rosa Rodriguez, 307 Ayrshire Way, mentioned it was a good thing to have an electronic billboard to put information for the public since there's a lot of information that needs to be updated, and commented about lack of things to do here in Gonzales.

Council Discussion: The Council Members concurred that this would be a great advantage for Gonzales, an opportunity to showcase some of the things we're doing for, as well as generating revenue.

Mayor Rios shared his concerns about the size, and he concurred with this being a good idea for advertising and a good generation source.

It was the Council's consensus to direct staff to continue to move forward with this.

GONZALES YOUTH COUNCIL UPDATES

19. Oral Communication
Commissioner Castillo reported on the GYC Ambassador and Commissioner roles; expansion of Youth Councils with Soledad and Greenfield; and the action projects they're working on. *
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Minutes Acceptance: Minutes of Jan 16, 2024 6:00 PM (CONSENT AGENDA)

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BUSINESS FROM CITY COUNCIL

20. City Council Board/Committee Reports
a. League of California Cities Monterey Bay Division
Council Member Silva announced she and Council Member Worthy were attending the Council Members Conference in Monterey next week.
b. Association of Monterey Bay Area Governments
Mayor Pro Tem Funk reported on their meeting last Wednesday and the main item was the regional forecast which was accepted. He elaborated on next steps. c. Monterey Salinas Transit
Council Member Worthy reported on the numbers pre-covid and shared the elements contributing to those numbers; shortage of drivers; circulators for the South County Cities; and elaborated on the Employees of the Year. City Manager Gil reported on the meeting they had regarding a circulator around town.

21. Oral Communications
Council Member Orozco hoped everyone had a great holiday and looked forward to 2024 moving forth with all of our projects and programs. She thanked staff for all the hard work they do to ensure our residents and business owners are receiving the necessary services they need. She also thanked staff for the donation of the coats for the children, as well as the Fire Department and Monica for the diaper distribution. She also thanked Officer Rivera for his assistance to the family whose car was hit on Rincon Road and the family appreciated the Officer's help. She shared her concerns on that narrow street and said we may have to take a look at what can be done. She expressed her condolences to Lizzet De Leon who was our Community Health Worker, for the loss of her younger brother whose parents are from our Sister City of Tateposco. She said he was buried in Mexico but they will have a memorial service on Saturday.

Mayor Pro Tem Funk appreciated staff and all the work they do to keep the City running, and all the preparedness they do for the storms. He thanked the Fire Department for everything they do, and he and his wife personally thanked the Department for helping with his Father-in-law.

Council Member Silva expressed her condolences to the De Leon Family for their loss. She announced she and Council Member Worthy will be attending the League of California Cities Academy next Wednesday thru Friday, and City Manager Gil will also be there. She announced Farm Day next Thursday in King City where third graders from Gonzales will be attending and will learn about agriculture. If anyone wants to volunteer they can let her know. She said she was excited for the new year and new beginnings, and she was looking forward to the groundbreaking ceremony of the Caprara Community Center in April.

Council Member Worthy thanked staff for their help with the American Legion. She wished everyone a Happy New Year. She also expressed her condolences to the De Leon Family. She asked everyone to make it a great year and help each other.

Mayor Rios asked for an update on the sidewalk repairs around town. He shared his concern about those repairs as well as the bad condition of Fourth Street. He asked Public Works to come up with a plan and as part of the plan, which he has asked and never received, a list of priorities of repairing streets as far as which streets, and when they will be repaired. He also thought maybe we can use the Safe Routes to School money to do sidewalk repairs like King City. He congratulated City Attorney Rodriquez and Police Chief Wise, who have been working for the City for over 30 years and thanked them for their long-term tenure here and appreciated their service and dedication to this community.

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Minutes Acceptance: Minutes of Jan 16, 2024 6:00 PM (CONSENT AGENDA)

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He hopes 2024 is a great year and he’s excited about the Community Center getting started, and he’s also excited about what the Youth Council is doing to invigorate other communities as we are the leaders. He thanked all staff for all their work.

BUSINESS FROM CITY MANAGER

22. Oral Communications
City Manager Gil wished everyone a Happy New Year. She clarified that the coats that were donated were from the Nights of Columbus through Madonna del Sasso Church, which is the third year they have done that, and she appreciated their donation of 48 coats to the community. She mentioned last year was busy but this year will be busier and staff is starting to get excited for the events coming up. She announced that the Car Show is taking place on April 13th, Groundbreaking for the Community Center is April 27th, and the Wine Festival will be the first week of June. She thanked staff for leading these events. She elaborated on the various partnerships such as the Blue Zones and Olinga Learning who are working on a Community Garden next to the pool through some grants. She also announced programming such as Chair Yoga, senior dancing, and other program opportunities for our senior community. In regards to the TAMC funds, she mentioned there is a committee that is identifying projects, and that $200,000 will be designated for the specific projects the committee chooses. She hoped once they get to a final list of projects, they come to the Council for approval to ensure we support those projects. She said staff is collaborating with them, but they have an Advisory Committee on what projects to take on. She also informed staff is working on Fourth Street and is looking to identify potential funding that can help us do some work on that, and staff is also constantly looking for grants that can support sidewalk repairs.

Mayor Rios mentioned he was approached by Ruben Zurita about fireworks going on New Year's Eve. He believed maybe we should up the fines and have a Fireworks Committee. He asked the Council to think about it.

Council Member Orozco mentioned she also had a conversation with someone who had the same concern and she thought about forming a committee as well.

Community Development Director Kinison Brown announced the Draft Housing Element was publicly released on Friday in English and Spanish, and it will run through February 12th. He elaborated on the different places it was available.

Council Member Worthy asked about Planning Commission vacancies.

City Manager Gil responded we only received one application and the announcement will be closing soon.

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.

Rosa Rodriguez, 307 Ayrshire Way, commented about the City Manager position being really big shoes to fill; City Manager Gil showing she has been helping our City and being very accessible; helping her and her family during an emergency with information when they were having tough times; making information accessible to the public when they need assistance to pay their bills; leading the City events; she has been doing a great job and she's happy she's still here. She also wanted to see her and the Council attend those events.

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Minutes Acceptance: Minutes of Jan 16, 2024 6:00 PM (CONSENT AGENDA)

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

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

ADJOURNMENT
The meeting was adjourned at 8:26 PM.

ATTEST:

Mary Villegas, Deputy City Clerk
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Minutes Acceptance: Minutes of Jan 16, 2024 6:00 PM (CONSENT AGENDA) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 3:12 pm
Date: 01/31/2024
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
49694 01/19/24 Printed 1922 A & G PUMPING, INC. Porta-Potties Centennial Park 685.00 AGILE OCCUPATIONAL 169.00

MEDICINE PC
49695 01/19/24 Printed 4362 WW Vaccines
49696 01/19/24 Printed 2 ALL - SAFE ALARMS Monthly Monitoring 400.00 ALVAREZ TECHNOLOGY 1,720.70
GROUP INC.
49697 01/19/24 Printed 2180 Computer Lease Agreement
ALVAREZ TECHNOLOGY 9,002.54
GROUP, INC.
49698 01/19/24 Printed 3893 Install Replacement PC for PW 49699 01/19/24 Printed 86 AT&T Telephone Charges 11/19/23 - 12/18/23 1,329.07 49700 01/19/24 Printed 3168 AUTOZONE INC. Sewer Tractor Maint. Supplies 206.79 49701 01/19/24 Printed 1618 AVAYA FINANCIAL SERVICES Maintenance 670.74 BANUELOS ENTERPRISES, 103.75
INC.
49702 01/19/24 Printed 1054 Fuel
CAL-WEST LIGHTING AND 100.00
SIGNAL
49703 01/19/24 Printed 3838 Light Maintenance - Nov.
49704 01/19/24 Printed 4186 CARLOS CORONA Vehicle Maint. 720.00 49705 01/19/24 Printed 1482 CSC OF SALINAS Shop Lift 213.49 49706 01/19/24 Printed 1821 CSK AUTO, INC. Oil Absorbant Pads 415.92 49707 01/19/24 Printed 3028 D & J TIRE SERVICE PW # 3 Streets Tire Replacement & 1,895.97 Alignment
DE LAGE LANDEN PUBLIC 24,855.33

FINANCE
49708 01/19/24 Printed 2895 Solar Lease 11/15/23 - 12/14/23 DE LAGE LANDEN PUBLIC 24,855.33

FINANCE
49709 01/19/24 Printed 2895 Solar Lease 12/15/23 - 1/14/24 DE LAGE LANDEN PUBLIC 24,855.33

FINANCE
49710 01/19/24 Printed 2895 Solar Lease 1/15/24 - 2/14/24 49711 01/19/24 Printed 4184 DIMES MEDIA CORPORATION Sports Sponsorship December 600.00 49712 01/19/24 Printed 1771 EMPLOY AMERICA Janitorial Services & Carwash December 1,714.18 49713 01/19/24 Printed 197 FARMERS FOOD MARKET Correction of Duplicate Pmt. Coffee-mate 116.53 49714 01/19/24 Void 01/19/24 Void Check 0.00
GONZALES ACE HARDWARE 436.06
INC.
49715 01/19/24 Printed 3274 Lighting Repair
49716 01/19/24 Printed 225 GONZALES IRRIGATION Irrigation Repair Supplies 285.72 GONZALES TIRE & AUTO 55.46
SUPPLY
49717 01/19/24 Printed 3477 Car Wash Supplies
49718 01/19/24 Printed 1109 GONZALES UNIFIED SCHOOL Joint Use Gym Maint. Oct. 2023 26,131.66 GREEN VALLEY FARM 39.05
SUPPLY
49719 01/19/24 Printed 1319 PPE - Face Shields
49720 01/19/24 Printed 1744 GREEN'S ACCOUNTING Finance Services - Nov. 11,017.02 49721 01/19/24 Printed 3326 HDL COREN & CONE Property Tax Admin 1,250.70 HILL BROTHERS CHEMICAL 3,352.76
CO
49722 01/19/24 Printed 4120 Bleach
49723 01/19/24 Printed 2215 HINDERLITER, DE LLAMAS & Sales Tax Audit Services 2,008.98 49724 01/19/24 Printed 3485 INFOSEND, INC. Utility Billing 1,324.56 49725 01/19/24 Printed 2818 JARVIS FAY LLP. Legal Services 4,053.00 LEAGUE OF CALIFORNIA 5,585.00
CITIES
49726 01/19/24 Printed 127 Membership Dues 2024
LECHOWICZ & TSENG 975.00

MUNICIPAL
49727 01/19/24 Printed 4320 Water/Sewer Rate Study
49728 01/19/24 Printed 2686 DAVID & DONA LLOYD After Hours Answering Service January 99.00 49729 01/19/24 Printed 3447 LUIGI'S Christmas Party Food 2,413.09 49730 01/19/24 Printed 4411 JOHN ANTHONY MENA JR. Youth Basketball Jerseys 2,862.00 49731 01/19/24 Void 01/19/24 Void Check 0.00
49732 01/19/24 Void 01/19/24 Void Check 0.00
49733 01/19/24 Printed 72 MISSION UNIFORM SERVICE Towels 1,691.53 MONTEREY BAY AIR 2,869.00

RESOURCES
49734 01/19/24 Printed 54 Permits
MUNICIPAL EMERGENCY 665.59

SERVICES
49735 01/19/24 Printed 4376 Uniforms
MUNICIPAL MANAGEMENT 20.00
ASSOC.
49736 01/19/24 Printed 4410 Training/Webinar
49737 01/19/24 Printed 4412 BRIANNA SAMANTHA OLIVA Adult Co-Ed Volleyball Referee 100.00 49738 01/19/24 Printed 91 P. G. & E. Utilities Acct # 0587403348-2 4,235.89 49739 01/19/24 Printed 91 P. G. & E. Utilities Acct # 1024308210-3 21,076.88 AGENDA
ITEM
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Attachment: Warrants #49694-49771 (2908 : Approve City Accounts Payable Warrants #49694-49771) 6 City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 2
Time: 3:12 pm
Date: 01/31/2024
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
PITNEY BOWES GLOBAL 742.03

FINANCIAL
49740 Postage Machine Lease 01/19/24 Printed 93
49741 Internet Service 01/19/24 Printed 4092 RAZZO LINK, INC. 75.09 SALINAS VALLEY BASIN 8,934.72
GROUND49742 01/19/24 Printed 3556 Annual Groundwater Sustainability Fee 49743 Fuel 01/19/24 Printed 2685 SC FUELS 330.11
49744 Internet & TV Acct # 170001001 01/19/24 Printed 2673 SPECTRUM 2,641.67 49745 Office Supplies 01/19/24 Printed 4361 STAPLES, INC. 2,438.94 49746 PM Services - July 01/19/24 Printed SWINERTON SWINERTON BUILDERS 42,287.92 49747 Water System Permit 01/19/24 Printed 1708 SWRCB 15,733.90 T & T PAVEMENT MARKINGS 3,338.36
AND
49748 Sheet Paint 01/19/24 Printed 3455
49749 City Cell Phones Acct # 963044810 01/19/24 Printed 3670 T-MOBILE 961.56 49750 Video Conferencing 01/19/24 Printed 3880 THE MAYNARD GROUP 284.49 THE SPCA OF MONTEREY 2,024.00
COUNTY
49751 December Services 01/19/24 Printed 1890
TRANS UNION RISK AND 110.00

ALTERNATI
49752 Monthly TLO 01/19/24 Printed 3175
49753 Drop Box Services - Dec. 01/19/24 Printed 27 TRI - CITIES DISPOSAL 4,804.40 49754 Water Dept. - Pipe Cutter 01/19/24 Printed 3718 TRINI'S PLUMBING 2,242.14 49755 1/8/2024 Police Dept. Acct # 4866 9145 01/19/24 Printed 3577 U.S. BANK 2,634.56 5550 8537
49756 12/6/2023 Community Engagement Acct 01/19/24 Printed 3577 U.S. BANK 2,700.49 # 4866 9145 5550 8537
49757 12/6/2023 Public Works Acct # 4866 01/19/24 Printed 3577 U.S. BANK 1,020.86 9145 5550 8537
49758 Dog Waste Bags 01/19/24 Printed 3410 ULINE, INC. 511.85 49759 Pool Loan Pmt. 01/19/24 Printed 3350 UMPQUA BANK 64,825.75 49760 ORP & Temp Tester, (OR)pH & ORP 01/19/24 Printed 103 USA BLUE BOOK 598.68 Electrode Cleaner
49761 Backflow Membership 01/19/24 Printed 4050 USC FOUNDATION 120.00 49762 Work Boots Reimbursement 01/19/24 Printed 4064 DAVID VASQUEZ 395.75 49763 GIS Support 01/19/24 Printed 3895 VESTRA RESOURCES INC. 228.00 49764 Extra Generator - Battery 01/19/24 Printed 99 VOSTI'S, INC. 170.31 WEST VALLEY 4,540.18

CONSTRUCTION CO
49765 Replace Leaking Angle Stop @851 01/19/24 Printed 476 Devon Way, Gonzales
49766 Fuel - January 2023 01/19/24 Printed 1109 GONZALES UNIFIED SCHOOL 1,078.92 49767 Void Check 01/19/24 Void 01/19/24 0.00
49768 Testing - May 01/19/24 Printed 245 MONTEREY COUNTY HEALTH 25,248.50 49769 Void Check 01/19/24 Void 01/19/24 0.00
49770 Testing - September 01/19/24 Printed 245 MONTEREY COUNTY HEALTH 18,491.55 49771 12/6/2023 PD Acct # 4866 9145 5550 01/19/24 Printed 3577 U.S. BANK 6,885.85 8537
Total Checks: 78 Checks Total (excluding void checks): 403,578.20 Total Payments: 78 Bank Total (excluding void checks): 403,578.20 Total Payments: 78 Grand Total (excluding void checks): 403,578.20 Packet Pg. 10
Attachment: Warrants #49694-49771 (2908 : Approve City Accounts Payable Warrants #49694-49771) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK-RDA Page: 1
Time: 11:12 am
Date: 12/19/2023
Void/Stop
Date
Reconcile
Date
RABOBANK-RDA Checks
1684 12/11/23 Printed 1744 GREEN'S ACCOUNTING Financial Services - RDA Sept 2023 585.00 Total Checks: 1 Checks Total (excluding void checks): 585.00 Total Payments: 1 Bank Total (excluding void checks): 585.00 Total Payments: 1 Grand Total (excluding void checks): 585.00 AGENDA
ITEM
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Attachment: Warrants SA #1684-1685 (2909 : Approve Successor Agency Accounts Payable Warrants #1684-1685) 7 City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK-RDA Page: 1
Time: 1:07 pm
Date: 01/05/2024
Void/Stop
Date
Reconcile
Date
RABOBANK-RDA Checks
1685 01/05/24 Printed 22 MONTEREY BAY AREA SELF Workers Comp & Liability Ins. Successor 3,596.16 Agency
Total Checks: 1 Checks Total (excluding void checks): 3,596.16 Total Payments: 1 Bank Total (excluding void checks): 3,596.16 Total Payments: 1 Grand Total (excluding void checks): 3,596.16 Packet Pg. 12
Attachment: Warrants SA #1684-1685 (2909 : Approve Successor Agency Accounts Payable Warrants #1684-1685) City of Gonzales

CITY MANAGER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: February 5, 2024
FROM: Carmen Gil, City Manager
SUBJECT: Amendment to T-Mobile Agreement

RECOMMENDATION
It is recommended that the City Council Approve an Amendment to the Agreement with T-Mobile after supporting the Hot Spot program for 3.5 years, saving the City $140,000, and terminating it in June of 2024.

BACKGROUND
City staff negotiated with T-Mobile based on the Council’s recommendation to terminate the current contract. To terminate the contract T-Mobile requires a fee of $39,262.50. Instead of just terminating the contract, they have agreed to take the payment that would be charged and disbursed over the next six months to cover 450 hot spots that they have identified with the highest use. They proposed this opportunity so that those who are truly relying on the device can continue to use it through the end of June.

REVIEW & ANALYSIS
Duties and Commitments
For the fee that the City was going to pay to terminate the contract early, T-Mobile has proposed to provide the opportunity to keep 450 devices, with the highest use, active and draw down the $39,262.50 in monthly instalments instead of in one final payment. This option will still save the City a total of $140,000; and the contract will fully conclude in June.

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

Explain: The City negotiated an early termination of the contract with T-Mobile. They understood that the cancellation was to save money and help our budget. T-Mobile then agreed to cut our contract, but instead offered to utilize the funds that were going to cover the termination of the contract to cover the cost of 450 lines that are most frequently used. Giving those that are relying on the device a little more time.

Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes _____No _____ NA
Explain: This new proposal still allows the City to be fiscally responsible and helps us save $140,000, but also makes the best use of our money.

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
If the Council decides not to approve the amendment to the agreement, the City will still be required to pay $39,262.50.

BUDGET IMPACT
The proposed Amendment to the contract would still save the City $140,000.

CONCLUSION
It is recommended that the City Council Approve an Amendment to the Agreement with T-Mobile after supporting the Hot Spot program for 3.5 years, saving the City $140,000, and terminating it in June of 2024.

Attachments:

1. Proposed Amendment
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1 (Final Template v061723) - Amendment to EmpowerEd 2.0 Agreement CLM 2495497 legal draft 011224_akl

AMENDMENT TO T-MOBILE FOR EDUCATION EMPOWERED AGREEMENT (WITH DEVICE SUBSIDY) This Amendment (“Amendment”), which will be effective as of the date the second Party signs this Amendment below (the “Amendment Effective Date”), is made by and between T-Mobile USA, Inc., a Delaware corporation (“T-Mobile” or “Contractor”) and City of Gonzales, CA, a California municipality, with its principal place of business at 147 Fourth Street, Gonzales, CA 93926 (“Customer”). Customer and T-Mobile are referred to herein individually as a “Party” and collectively as the “Parties.”

R E C I T A L S
A. Customer and T-Mobile are Parties to that certain T-Mobile for Education EmpowerED Agreement (with Device Subsidy) dated June 10, 2022 (T-Mobile CLM #1375991) (the “Original Agreement”).

B. Customer and T-Mobile are Parties to the following previous amendment(s) to the Agreement (the “Previous Amendments”):
 There are no Previous Amendments to the Original Agreement.

C. The Parties desire to amend the Original Agreement as described in this Amendment.

In consideration of the mutual covenants in this Amendment, the Parties amend the Original Agreement as follows:

1. The Parties agree that the Service Period for the Original Agreement represents the Service Period for:
450 of the 1,745 lines of Service. Customer is now reducing its number of active lines of Service beginning January 1, 2024 and ending June 30, 2024.

2. Notwithstanding the foregoing, neither the Term nor any Service Period for a line of Service under the Original Agreement may or will extend beyond June 30, 2024 under this Amendment.

3. The Parties acknowledge and agree that within Section 4 (Total Order) of the Agreement, the “Total Customer Commitment” is hereby amended to reflect the Total Service Charge for the Service Period beginning January 1, 2024 through June 30, 2024 (and still is calculated based on the applicable Rate Plan price (including any applicable credits) under the Original Agreement).

4. As a result of this Amendment, Section 4 (Total Order) is deleted and replaced in its entirety with a new Section 4 (Total Order) as follows:
“Total Order. Customer agrees to order the following lines of Service and, if applicable, Devices. Amounts below do not include any applicable taxes and surcharges:

Total # of
Lines of
Service 1
Rate Plan Service
Period
Length
Total Service
Charge for
Service
Period
Pre
Subsidy
Cost per
Device
Total
Pre-Subsidy
Cost of
Devices2
Total Subsidy
Amount to
Customer under
TMobile
EmpowerED
Program (Subsidy
from Section 3 x
# of Lines)3
Total Customer
Commitment
for Service and
Device for
Service Period4
450 $15.17
SOC:

GEEDMI15
6 months
January 1, 2024
– June 30, 2024
$40,959 $90 $157,050
(1,745 Devices
under Original
Agreement)
$157,050
(1,745 Devices
under Original
Agreement)
$40, 959 (minus
a one-time credit
of $1,696.50) =
Total Service
Commitment of
$39,262.50
Packet Pg. 15
Attachment: Proposed Amendment (2905 : Amendment to T-Mobile Agreement) 2 (Final Template v061723) - Amendment to EmpowerEd 2.0 Agreement CLM 2495497 legal draft 011224_akl
1 As of January 1, 2024, Customer is reducing its “Total # of Lines of Service” from 1,745 lines activated on/around October 1, 2019 on billing account numbers #967822590 and #967822032 to 450 lines of Service. 2Customer and T-Mobile acknowledge that Customer purchased/received 1,745 Devices under the Original Agreement. No replacement Devices are being provided to Customer under this Amendment. 3T-Mobile is waiving the clawback repayment amount of the Device Discount/Subsidy for those lines of Service terminated (1,295 lines of Service) prior to the end of the applicable Service Period set forth in the Original Agreement. 4“Total Customer Commitment for Service and Device for Service Period” is equal to (i) the “Total Service Charge for Term,” plus (ii) the “Total Pre-Discount/Subsidy Cost of Device,” minus (iii) the “Total Subsidy Amount to Customer under T-Mobile EmpowerED Program.” T-Mobile will issue Customer a one-time credit of $1,696.50 (450 lines of Service x $3.77 per line of Service) within a reasonable amount of time after the end of the Service Period.”

5. Unless otherwise defined herein, capitalized terms used in this Amendment will have the meaning given to them in the Agreement.

6. Except as contained in this Amendment, all terms and conditions of the Original Agreement will remain in full force and effect.

7. In the event of any inconsistency between the Original Agreement and the terms of this Amendment, the terms of this Amendment will control.

The Parties have caused this Amendment to be executed by their duly authorized representatives effective as of the Amendment Effective Date.

Customer: City of Gonzales Contractor: T-Mobile USA, Inc.

Signature: Signature:

Printed Name: Printed Name:

Title: Title:

Date: Date:

Legal Approved by:
________________________________
T-Mobile USA, Inc.

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Attachment: Proposed Amendment (2905 : Amendment to T-Mobile Agreement) City of Gonzales

PUBLIC WORKS / CITY ENGINEER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: February 5, 2024
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, City Manager
SUBJECT: Agreement with NHA for Community Center

RECOMMENDATION
It is recommended that the City Council authorize the City Manager to execute an Agreement with NHA Advisors to provide Municipal Advisor services related to the Community Center Complex Project for the not-to-exceed amount of $95,000.

BACKGROUND
The Community Center Complex is estimated to cost $34,050,000. The construction of the project will be phased due to grant funding deadlines. Phase 1 will construct the Library, Teen Innovation Center, Courtyard, parking lot and landscaping. Phase 2 is the Community Center including the Community Hall, Fitness Center, commercial kitchen, meeting rooms and restrooms.

Phase 1 will be funded by a variety of sources including the following:
• Measure X (local sales tax) expected to provide $7,500,000 of project funding. • $5.0M State grant for the Teen Innovation Center secured by State Senator Anna Caballero. • Community Development Block Grant (CDBG FY 2023/24 and FY 2024/25). • $1.8M County contribution to relocate existing library from the Gonzales Shopping Center. • Two grants (Electric Vehicle Charging Station Grant from the California Energy Commission and Building Forward Library Infrastructure Grant Program). • Capital Campaign with a $10.0M goal with pledges and contributions currently totaling $6.6M.

AGENDA
ITEM
9 Packet Pg. 17
The city applied to the US Department of Agriculture (USDA) for a low interest loan secured by City revenue sources, including Measure X. The formal application was submitted to USDA in July 2023 and the City received an approval letter from USDA in September 2023, indicating that a Rural Development Loan in the amount of $9,825,000 was approved for Phase 1 of the Community Center Project. The USDA Loan is effective upon completion of Phase 1, so the city must obtain an Interim Construction Loan (“Bridge Loan”).

Construction of Phase 1 is anticipated to begin by May 1, 2024, and be completed in November 2025.

REVIEW AND ANALYSIS
As mentioned above, the USDA requires the city secure an Interim Construction Loan (“Bridge Loan”) to fund construction of Phase 1. Upon completion of Phase 1 the USDA Loan will be in place. A Bridge Loan may be completed through either a public sale of short-term notes or a direct loan with a bank. The process to secure such funding is expected to take 60-75 days. Prior to the execution of a Bridge Loan, staff will return to the City Council to obtain approval of the financing terms and related documents.

NHA Advisors’ proposed fees for services related to the Bridge Loan range from $42,500 to $57,500.

The range is provided as the fee will ultimately depend on the financing structure, complexity, method of sale of the financing, the extent of NHA’s tasking and, generally, how much time it will take to complete the financing.

In addition, the Agreement with NHA provides for Municipal Advisor services relating to efforts to facilitate the takeout of the Bridge Loan with the USDA permanent funding (“USDA Takeout”). The process to manage, facilitate and provide USDA staff with sufficient documentation to close on the loan that it has committed to should be a more straightforward process. NHA’s proposed fee for such services is an amount not-to-exceed $32,500.

The proposed Municipal Advisor services for the Bridge Loan and the USDA Takeout will be paid contingent upon the completion of each.

Work to secure the Bridge Loan will commence immediately upon approval of the Agreement. The work related to the USDA Takeout will occur upon maturity of the Bridge Loan in conjunction with completion of Phase 1 construction.

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

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

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

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

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

ALTERNATIVES
The City Council could direct staff to seek additional proposals. Staff doesn’t recommend this as NHA is the city’s long-time financial advisor and there is some urgency to engage them for the Bridge Loan and the USDA Takeout efforts.

BUDGET IMPACT
NHA’s expected costs are:

Secure Bridge Loan $57,500 estimated maximum
USDA Takeout $32,500 not-to-exceed
Expense budget $5,000
Total = $95,000
NHA’s services for the Bridge Loan and the USDA Takeout will be paid using GL 112-000-6245 (Community Center Project Funds – Contractual Services). The services provided in conjunction with the Bridge Loan will be included in the loan proceeds and not part of the City’s budget. USDA Loan proceeds cannot be used towards soft costs (interest costs or financing costs) and therefore the source of repayment of such components will come from other project funding sources.

CONCLUSION
It is recommended that the City Council authorize the City Manager to execute an Agreement with NHA Advisors to provide Municipal Advisor services related to the Community Center Complex Project for the not-to-exceed amount of $95,000.

Attachments:

1. NHA Advisors Agreement with Scope of Work
Packet Pg. 19
Municipal Advisor Agreement between February 5, 2024
City of Gonzales and NHA Advisors, LLC Page 1 of 18

MUNICIPAL ADVISOR AGREEMENT

BETWEEN

CITY OF GONZALES
AND

NHA ADVISORS, LLC
THIS AGREEMENT for consulting services is made by and between the City of Gonzales (the “City”) and NHA Advisors, LLC (“Consultant”) (together referred to as the “Parties”) as of February 5, 2024 (the “Effective Date”).

SECTION 1 – SERVICES
As the City’s registered municipal advisor, subject to the terms and conditions set forth in this Agreement, Consultant shall provide to the City the services described in the Scope of Services 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.

If acting in the capacity of an Independent Registered Municipal Advisor (“IRMA”) with regard to the “IRMA exemption” of the SEC Rule, Consultant will review all third-party recommendations submitted to the City in writing, if requested.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 31, 2026 or upon completion of the Scope of Services described in Exhibit A, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8.

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

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event the 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 the City of such desire of the City, reassign such person or persons.

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

If the City elects a course of action that is independent of or contrary to the advice provided by Consultant, Consultant is not required on that basis to disengage from the City.

Packet Pg. 20
Attachment: NHA Advisors Agreement with Scope of Work (2903 : Agreement with NHA for Community Center) Municipal Advisor Agreement between February 5, 2024
City of Gonzales and NHA Advisors, LLC Page 2 of 18
SECTION 2 - COMPENSATION
The City hereby agrees to pay Consultant compensation for services outlined in the Scope of Services (Exhibit A) under the Compensation Schedule (Exhibit B).

The City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from the City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to the City in the manner specified herein. Except as specifically authorized by the City in writing, Consultant shall not bill the City for duplicate services performed by more than one person.

Consultant and the City acknowledge and agree that compensation paid by the City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. The City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
 The beginning and ending dates of the billing period.  At the City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense.
 For work performed on an hourly Compensation Schedule, the total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder.

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

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

2.4 Total Payment. The City shall pay for the services to be rendered by Consultant pursuant to this Agreement. The City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. The City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

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Attachment: NHA Advisors Agreement with Scope of Work (2903 : Agreement with NHA for Community Center) Municipal Advisor Agreement between February 5, 2024
City of Gonzales and NHA Advisors, LLC Page 3 of 18
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.

2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses will typically include third-party data collection or services not provided by the City.

Reimbursable expenses are in addition to the total amount of compensation provided under this Agreement that shall not be exceeded.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.8 Payment upon Termination. In the event the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.9 Authorization to Perform Services. 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. The 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.

The 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 the 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 the 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 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. The cost of such Packet Pg. 22
Attachment: NHA Advisors Agreement with Scope of Work (2903 : Agreement with NHA for Community Center) Municipal Advisor Agreement between February 5, 2024
City of Gonzales and NHA Advisors, LLC Page 4 of 18
insurance shall be included in Consultant’s bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to the City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.

4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.

4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a) The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.

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Attachment: NHA Advisors Agreement with Scope of Work (2903 : Agreement with NHA for Community Center) Municipal Advisor Agreement between February 5, 2024
City of Gonzales and NHA Advisors, LLC Page 5 of 18
b) The City, its officers, officials, employees, and volunteers are to be covered as additional insured as respects: liability arising out of work or operations performed by or on behalf of Consultant; or automobiles owned, leased, hired, or borrowed by Consultant.
c) For any claims related to this Agreement or the work hereunder, 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 Consultant’s insurance and shall not contribute with it.
d) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.

4.3 Professional Liability Insurance.

4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $250,000 per claim.

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

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 Best’s rating of no less than A:VII.

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Attachment: NHA Advisors Agreement with Scope of Work (2903 : Agreement with NHA for Community Center) Municipal Advisor Agreement between February 5, 2024
City of Gonzales and NHA Advisors, LLC Page 6 of 18

4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall furnish the 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 Consultant beginning work, it shall not waive 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 the 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 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 contractor, 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 the requirements stated herein.

4.5 Remedies. In addition to any other remedies the 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, the City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies the City may have and are not the exclusive remedy for Consultant’s breach:
 obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
 order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or
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Attachment: NHA Advisors Agreement with Scope of Work (2903 : Agreement with NHA for Community Center) Municipal Advisor Agreement between February 5, 2024
City of Gonzales and NHA Advisors, LLC Page 7 of 18
 terminate this Agreement.

SECTION 5 – CONSULTANT’S RESPONSIBILITIES AND INDEMNIFICATION Consultant is registered as a Municipal Advisor with the SEC and Municipal Securities Rulemaking Board (“MSRB”). As such, Consultant has a fiduciary duty to the City and must provide both a Duty of Care and a Duty of Loyalty that entail the following.

Duty of Care:
a) exercise due care in performing its municipal advisory activities; b) possess the degree of knowledge and expertise needed to provide the City with informed advice; c) make a reasonable inquiry as to the facts that are relevant to the City’s determination as to whether to proceed with a course of action or that form the basis for any advice provided to the City; and
d) undertake a reasonable investigation to determine that Consultant is not forming any recommendation on materially inaccurate or incomplete information; Consultant must have a reasonable basis for:
i. any advice provided to or on behalf of the City;
ii. any representations made in a certificate that it signs that will be reasonably foreseeably relied upon by the City, any other party involved in the municipal securities transaction or municipal financial product, or investors in the City securities; and iii. any information provided to the City or other parties involved in the municipal securities transaction in connection with the preparation of an official statement.

Duty of Loyalty:

Consultant must deal honestly and with the utmost good faith with the City and act in the City’s best interests without regard to the financial or other interests of Consultant. Consultant will eliminate or provide full and fair disclosure (included herein) to the City about each material conflict of interest (as applicable). Consultant will not engage in municipal advisory activities with the City as a municipal entity, if it cannot manage or mitigate its conflicts in a manner that will permit it to act in the City’s best interests.

Conflicts of Interest and Other Matters Requiring Disclosures As of the commencement date of the Project, there are no actual or potential material conflicts of interest, other than those potential conflicts noted below, that Consultant is aware of that might impair its ability to render unbiased and competent advice or to fulfill its fiduciary duty. If Consultant becomes aware of any material potential conflict of interest that arises after this disclosure, Consultant will disclose the detailed information in writing to the City in a timely manner.

Pursuant to MSRB Rule G-42, on Duties of Non-Solicitor Municipal Advisors, Municipal Advisors are required to make certain written disclosures to clients which include, amongst other things, Conflicts of Interest and any Legal or Disciplinary events of Consultant and its associated persons.

The following are potential conflicts of interest to be considered.  Consultant represents that in connection with the issuance of municipal securities, Consultant may receive compensation from the City for services rendered, which compensation is contingent upon the successful closing of a transaction and/or is based on the size of a transaction. Consistent Packet Pg. 26
Attachment: NHA Advisors Agreement with Scope of Work (2903 : Agreement with NHA for Community Center) Municipal Advisor Agreement between February 5, 2024
City of Gonzales and NHA Advisors, LLC Page 8 of 18
with the requirements of MSRB Rule G-42, Consultant hereby discloses that such contingent and/or transactional compensation may present a potential conflict of interest regarding Consultant’s ability to provide unbiased advice to enter into such transaction. The contingent fee arrangement creates an incentive for Consultant to recommend unnecessary financings or financings that are disadvantageous to the City, or to advise the City to increase the size of the issue. This potential conflict of interest will not impair Consultant’s ability to render unbiased and competent advice or to fulfill its fiduciary duty to the City.  Consultant’s fees under this potential agreement may be based on hourly fees of Consultant’s personnel, with the aggregate amount equaling the number of hours worked by such personnel times an agreed-upon hourly billing rate. This form of compensation presents a potential conflict of interest because it could create an incentive for Consultant to recommend alternatives that would result in more hours worked. This conflict of interest will not impair Consultant’s ability to render unbiased and competent advice or to fulfill its fiduciary duty to the City.  Consultant’s fees under this potential agreement may be a fixed amount established at the outset of this potential agreement. The amount is usually based upon an analysis by the City and Consultant of, among other things, the expected duration and complexity of the transaction and the scope of services to be performed by Consultant. This form of compensation presents a potential conflict of interest because, if the transaction requires more work than originally contemplated, Consultant may suffer a loss. Thus, Consultant may recommend less timeconsuming alternatives, or fail to do a thorough analysis of alternatives. This conflict of interest will not impair Consultant’s ability to render unbiased and competent advice or to fulfill its fiduciary duty to the City.
 The fee paid to Consultant increases the cost of investment to the City. The increased cost occurs from compensating Consultant for municipal advisory services provided.  Consultant serves a wide variety of other clients that may, from time to time, have interests that could have a direct or indirect impact on the interests of another Consultant client. For example, Consultant serves as municipal advisor to other municipal advisory clients and, in such cases, owes a regulatory duty to such other clients just as it does to the City. These other clients may, from time to time and depending on the specific circumstances, have competing interests. In acting in the interests of its various clients, Consultant could potentially face a conflict of interest arising from these competing client interests. Consultant fulfills its regulatory duty and mitigates such conflicts through dealing honestly and with the utmost good faith with the City.  Gerald Craig Hill, the Managing Principal of NHA Advisors is currently serving as an outside director for the HdL Companies based in Diamond Bar, CA. HdL Companies is a software and professional services consulting company providing revenue data and collections information to local governments, potentially including NHA Advisors’ clients. HdL Companies have affiliates including, but not limited to, HdL Coren & Cone. From time to time, NHA Advisors utilizes the services of HdL Coren & Cone for its clients. NHA Advisors is mindful of this conflict of interest and fulfills its regulatory duty and mitigates such conflicts through dealing honestly and with the utmost good faith when this situation arises.
• Consultant does not have any affiliate that provides any advice, service, or product to or on behalf of the City that is directly or indirectly related to the municipal advisory activities to be performed by Consultant.

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Attachment: NHA Advisors Agreement with Scope of Work (2903 : Agreement with NHA for Community Center) Municipal Advisor Agreement between February 5, 2024
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• Consultant has not made any payments directly or indirectly to obtain or retain Consultant’s municipal advisory business.
• Consultant has not received any payments from third parties to enlist Consultant’s recommendation to the City of its services, any municipal securities transaction, or any municipal finance product.
• Consultant has not engaged in any fee-splitting arrangements involving Consultant and any provider of investments or services to the City.
• Consultant does not have any legal or disciplinary event that is material to the City’s evaluation of the municipal advisory or the integrity of its management or advisory personnel. • Consultant does not act as principal in any of the transaction(s) related to this potential agreement.

Recommendations
If Consultant makes a recommendation of a municipal securities transaction or municipal financial product or if the review of a recommendation of another party is requested in writing by the City and is within the scope of the engagement, Consultant will determine, based on the information obtained through reasonable diligence of Consultant whether a municipal securities transaction or municipal financial product is suitable for the City. In addition, Consultant will inform the City of:
 the evaluation of the material risks, potential benefits, structure, and other characteristics of the recommendation;
 the basis upon which Consultant reasonably believes that the recommended municipal securities transaction or municipal financial product is, or is not, suitable for the City; and  whether Consultant has investigated or considered other reasonably feasible alternatives to the recommendation that might also or alternatively serve the City’s objectives.

If the City elects a course of action that is independent of or contrary to the advice provided by Consultant, Consultant is not required on that basis to disengage from the City.

Municipal Securities Rulemaking Board Rule G-10 Disclosure Pursuant to MSRB Rule G-10, on Investor and Municipal Advisory Client Education and Protection, Municipal Advisors are required to provide certain written information to their municipal entity and obligated person clients which include the following:
 Consultant is currently registered as a Municipal Advisor with the SEC and MSRB.  Within the MSRB website at www.msrb.org, the City may obtain the Municipal Advisory client brochure that is posted on the MSRB website. The brochure describes the protections that may be provided by the MSRB Rules along with how to file a complaint with financial regulatory authorities.

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Attachment: NHA Advisors Agreement with Scope of Work (2903 : Agreement with NHA for Community Center) Municipal Advisor Agreement between February 5, 2024
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Record Retention
Pursuant to the SEC record retention regulations, Consultant is required to maintain, in writing, all communication and created documents between Consultant and the City for five (5) years.

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

Consultant’s obligation to defend and indemnify shall not be excused because of Consultant’s inability to evaluate Liability or because Consultant evaluates Liability and determines that Consultant is not liable to the claimant. 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 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 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 Consultant accepts or rejects the tender of defense, whichever occurs first.

With respect to third party claims against Consultant, 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 the City, Consultant shall indemnify, defend, and hold harmless the 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 the City.

SECTION 6 - STATUS OF CONSULTANT

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City. The City shall have the right to control Consultant only insofar as the results of Consultant’s services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise the City shall not have the right to control how 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 the City, Packet Pg. 29
Attachment: NHA Advisors Agreement with Scope of Work (2903 : Agreement with NHA for Community Center) Municipal Advisor Agreement between February 5, 2024
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including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of the City and entitlement to any contribution to be paid by the City for employer contributions and/or employee contributions for PERS benefits.

6.2 Consultant Not an Agent. Except as the City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind the 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 the City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Consultant represents and warrants to the 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 the City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect 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 the City.

7.5 Legal Events and Disciplinary History. Consultant does not have any legal events and disciplinary history on its Form MA and Form MA-I, which includes information about any criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations, and civil litigation. The City may electronically access Consultant’s most recent Form MA and each most recent Form MAI filed with the Commission at the following website:
www.sec.gov/edgar/searchedgar/companysearch.html
There have been no material changes to a legal or disciplinary event disclosure on any Form MA or Form MA-I filed with the SEC.

7.6 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, based on 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, Packet Pg. 30
Attachment: NHA Advisors Agreement with Scope of Work (2903 : Agreement with NHA for Community Center) Municipal Advisor Agreement between February 5, 2024
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state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

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

SECTION 8 - TERMINATION AND MODIFICATION

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

Consultant may cancel this Agreement upon 45 days’ written notice to the 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; the City, however, may condition payment of such compensation upon Consultant delivering to the 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. The 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 the City grants such an extension, the 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, the City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.4 Assignment and Subcontracting. The 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 the 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 the City and Consultant shall survive the termination of this Agreement.

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Attachment: NHA Advisors Agreement with Scope of Work (2903 : Agreement with NHA for Community Center) Municipal Advisor Agreement between February 5, 2024
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8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, the City’s remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement

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

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

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 the City would have paid Consultant pursuant to Section 2 if Consultant had completed the work
SECTION 9 - MISCELLANEOUS PROVISIONS

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

9.2 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 in which the City is located.

9.3 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.

9.4 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.

9.5 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.

9.6 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.

9.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of the 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.

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Attachment: NHA Advisors Agreement with Scope of Work (2903 : Agreement with NHA for Community Center) Municipal Advisor Agreement between February 5, 2024
City of Gonzales and NHA Advisors, LLC Page 14 of 18
Consultant shall not employ any the City official in the work performed pursuant to this Agreement. No officer or employee of the 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 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.

As of the date of the Agreement, there are no actual or potential conflicts of interest that Consultant is aware of that might impair its ability to render unbiased and competent advice or to fulfill its fiduciary duty. If Consultant becomes aware of any potential conflict of interest that arise after this disclosure, Consultant will disclose the detailed information in writing to the City in a timely manner.

The fee paid to Consultant increases the cost of investment to the City. The increased cost occurs from compensating Consultant for municipal advisory services provided.

Consultant does not act as principal in any of the transaction(s) related to this Agreement.

During the term of the municipal advisory relationship, this agreement will be promptly amended or supplemented to reflect any material changes in or additions to the terms or information within this agreement and the revised writing will be promptly delivered to the City.

9.8 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.

9.9 Contract Administration. This Agreement shall be administered by the City Manager (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

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

Eric Scriven, Principal
NHA Advisors, LLC
4040 Civic Center Drive, Suite 200
San Rafael, CA 94903
Any written notice to the City shall be sent to:

Carmen Gil, City Manager
City of Gonzales
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Attachment: NHA Advisors Agreement with Scope of Work (2903 : Agreement with NHA for Community Center) Municipal Advisor Agreement between February 5, 2024
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147 Fourth Street
Gonzales, CA 93926

9.11 Integration. This Agreement, including the Scope of Services attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between the City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A: Scope of Services
Exhibit B: Compensation Schedule

9.12 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 NHA ADVISORS, LLC
____________________________ ______________________________ Carmen Gil, City Manager Eric Scriven, Principal

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Attachment: NHA Advisors Agreement with Scope of Work (2903 : Agreement with NHA for Community Center) Municipal Advisor Agreement between February 5, 2024
City of Gonzales and NHA Advisors, LLC Page 16 of 18

EXHIBIT A

SCOPE OF SERVICES

MUNICIPAL ADVISORY SERVICES
The scope of work will generally include, but may not be limited to, the following services:
 Project Management
 Manage financing process, including assembly of the financing team and assignment of tasks for all parties involved in the financing.  Provide information and advice on the timing of the financing process and develop timeline (schedule) of tasks.
 Upon request, work with City staff to solicit and select a registered broker-dealer (underwriter or placement agent), bond/disclosure counsel, trustee, or other consultants that are required as part of financing process. Provide recommendation(s) and negotiate preferred terms and fees for said consultant(s).  Quantitative Analysis and Financial Structuring
 Evaluate and advise the City on the financing structure and method of sale, including the financing terms, call provisions, and covenants.  Analyze credit enhancement options (bond insurance and reserve surety bond policies).
 Meetings or conference calls with credit enhancement or insurance companies to discuss the transaction, as necessary.
 Project Implementation
 Coordinate the efforts of bond counsel, disclosure counsel, and/or any other legal counsel to prepare the financing documents for approval by the City.  Review and provide comments to financing documents to ensure consistency with the financing plan.
 Upon request, make presentations or attend meetings with the City Council or stakeholders to answer questions about the financing and process.  Work with selected financing partner or funding source to determine optimal bond structure, including serial/term bonds, premium/discount bonds, and redemption provisions.
 If a public offering method of sale is utilized:

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Attachment: NHA Advisors Agreement with Scope of Work (2903 : Agreement with NHA for Community Center) Municipal Advisor Agreement between February 5, 2024
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o Coordinate preparation of a comprehensive credit presentation to the rating services and bond insurance companies, if applicable. o Work with disclosure counsel to prepare, review, provide comments, and print the preliminary and final official statements.
o If completed as a negotiated sale, monitor the underwriter's sales effort and assist the City with the negotiation of underwriting spreads and interest rates for the proposed financing.
o If completed as a negotiated sale, monitor the underwriter’s sales effort and assist the City with pricing negotiations.
o If completed as a competitive sale, engage a nationally recognized firm to widely distribute the offering documents to potential investors and establish a bidding platform.
o Assist with the solicitation of an investment advisor to coordinate investment of bond proceeds and/or accounts, as necessary.  If a private placement method of sale is utilized:
o Assist with the preparation of a credit package for potential investors. o If a placement agent has been engaged, oversee placement agent’s solicitation process, assist with the selection of the financing provider, and assist with the negotiation of terms, as necessary.
o If no placement agent has been engaged for a privately placed loan (nonmunicipal security), upon request, Consultant will solicit bids from potential investors and assist with the selection of the financing provider and negotiation of terms.
o Manage bond or loan pricing and final financing structure (debt service and bond terms).
 Work with bond counsel to finalize documents for execution by the City.  Prepare or coordinate preparation of a closing memorandum outlining a detailed flow of funds at the time of closing.

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Attachment: NHA Advisors Agreement with Scope of Work (2903 : Agreement with NHA for Community Center) Municipal Advisor Agreement between February 5, 2024
City of Gonzales and NHA Advisors, LLC Page 18 of 18

EXHIBIT B

COMPENSATION SCHEDULE
For work described in the Scope of Services, compensation will be contingent on completion of the financing and is expected to be paid from proceeds of each of the transactions or City funds at the time of closing. The fee for NHA’s services is based on a number of factors, including the method of sale, financing structure, complexity, funding source, and the time expected to be required to manage the financing process.

Interim/Bridge Construction Bond or Loan (“Bridge” Loan) This Bridge Loan is expected to utilize either of the following methods of sale: (1) private placement with a private party or bank (requiring no public offering disclosure document) or (2) negotiated public offering with a pre-selected underwriter. Given that the City has decided to implement a financing strategy that requires a Bridge Loan prior to a USDA permanent loan takeout, NHA has pivoted from the previously contracted Task 1 hourly compensation for developing a funding plan to Task 2 services that encompass executing the City’s directed / approved funding plan. For the Bridge Loan, NHA will be paid a contingent, fixed fee ranging from $42,500 to $57,500 depending on the financing structure, complexity, method of sale of the financing, the extent of NHA’s tasking and, generally, how much time it will take to complete the financing. Expenses such as California travel will not be expensed. All project-related expenses, if paid by NHA upon written direction of City, will be invoiced at cost (and typically paid from proceeds of the financing).

For example, a simple private placement transaction would take less time to execute and would be on the lower end of the range shown above. Contrasting that, a public offering such as a short-term bond anticipation note that requires a more extensive legal, credit and disclosure documentation process would be on the higher end of the range shown. NHA will provide a more detailed cost proposal for this project when clear (or assumed) parameters on current status, timelines, deliverables and expected NHA contributions are given / well-understood.

USDA Takeout / Permanent Loan Funding
The process to provide USDA with sufficient documentation to close on the loan that it has committed to should be a more straightforward process. With this in mind, NHA’s fee to assist, manage and facilitate the USDA Takeout Loan closing/funding (and payoff of the Interim/Bridge Loan) shall not exceed $32,500.

Expenses (Out-of-Pocket)
As noted above, all expenses will be billed directly at cost to the City. Expenses will be limited to those necessary for completion of the project.

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Attachment: NHA Advisors Agreement with Scope of Work (2903 : Agreement with NHA for Community Center) City of Gonzales

PUBLIC WORKS / CITY ENGINEER DEPARTMENT

RECOMMENDATION
It is recommended that the City Council authorize execution of an Amended Subrecipient Agreement with the County of Monterey to receive an additional $122,912 in Community Development Block Funding for Phase 1 of the Community Center Complex Project.

BACKGROUND
As the Council is aware, the Community Center Complex Project will be constructed in phases based on available funding. Phase 1 includes “Building A” which is comprised of the Teen Innovation Center, County Library, meeting rooms, restrooms, a large courtyard including an amphitheater and site improvements (new driveway, wet/dry utilities, parking lot and landscaping). Phase 2 will construct “Building B” which will be comprised of the Community Center which has a Community Hall, Fitness Center, commercial kitchen, meeting rooms and restrooms.

Funding for Phase 1 includes Community Development Block (CDBG) monies from the County of Monterey.

REVIEW AND ANALYSIS
At your November 20, 2023 meeting, the City Council authorized execution of a Subrecipient Agreement with the County of Monterey for an initial amount of $704,857. As mentioned in the staff report for that meeting, County staff had advised city staff in mid-2023 that a prior CDBG funded project (the 2019 Reroofing of the Council Chambers) was deemed ineligible by the US Department of Housing and Urban Development and the city needed to return $122,912 to the County.

AGENDA
ITEM
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County staff pledged to “make the city whole” through an Amended Subrecipient Agreement to restore the $122,912 in CDBG funds for use on the Community Center Project. To that end, at their January 9, 2024 meeting, the County Board of Supervisors approved an Amended Subrecipient Agreement with the city to increase the CDBG Funding from $704,857 to $827,769.

In conclusion, staff recommends that the City Council authorize execution of an Amended Subrecipient Agreement with the County of Monterey to increase CDBG funding for Phase 1 of the Community Center Complex Project.

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.

ALTERNATIVES
The Council could decide to not execute the Amended Subrecipient Agreement, but it’s not recommended as CDBG monies are part of the overall funding for Phase 1 of the Community Center Complex Project.

BUDGET IMPACT
Authorizing the Amended Subrecipient Agreement increases CDBG funding for Phase 1 of the Community Center Complex Project from $704,857 to $827,769.

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CONCLUSION
It is recommended that the City Council authorize execution of an Amended Subrecipient Agreement with the County of Monterey to receive an additional $122,912 in Community Development Block Funding for Phase 1 of the Community Center Complex Project.

Attachments:

1. Amended Subrecipient Agreement
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1 AMENDMENT #1
TO THE

SUBRECIPIENT AGREEMENT BETWEEN

COUNTY OF MONTEREY
And the CITY OF GONZALES
For CDBG YEAR 2023-2024

GONZALES COMMUNITY CENTER
THIS AMENDMENT #1 is entered into this 25th day of January 2024 by and between the County of Monterey (herein called “Grantee”) and the City of Gonzales herein called “Subrecipient”). by and between the County of Monterey (herein called “Grantee”) and the City of Gonzales herein called “Subrecipient”).

WHEREAS, Grantee, in conjunction with the cities of Gonzales, Greenfield, and Sand City formed a Housing and Urban Development (HUD) Urban County jurisdiction (Urban County) in order to become a direct entitlement jurisdiction with HUD;
WHEREAS, Grantee applied for and was approved to receive Community Development Block Grant (CDBG) funds as an Urban County from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; WHEREAS, Grantee was awarded grant CDBG funds from Agreement #B-19-UC-06-0011, B-21- UC-06-0011, and B-22-UC-06-0011 (Catalog of Federal Domestic Assistance #14.218) with HUD with authority to expend funds as of July 1, 2023;
WHEREAS, pursuant to the Grant Agreements, Grantee and Subrecipient entered into that certain Subrecipient Agreement dated October 26, 2023, to implement the Subrecipient’s development of an approximately 23,000 square foot community center facility; and WHEREAS, Grantee and Subrecipient wish to amend the terms of the Subrecipient Agreement to increase the Not to Exceed amount.

NOW, THEREFORE, it is agreed between the parties hereto that:

I. SUMMARY
A. Grant Term: July 1, 2023 through December 31, 2024
B. Grant Not to Exceed Amount: $827,768.78
II. Attachment D – BUDGET, is hereby amended with the following:

Available Funding
Design Development $140,971
Construction Documents $422,914
Bidding $140,972
Consultant/Contract Services $122,911.78
Total $827,768.78
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Attachment: Amended Subrecipient Agreement (2902 : CDBG Amendment for Community Center) 2 III. All other references to performance required during the initial term of the Subrecipient Agreement term, including quarterly reporting requirements and final invoicing are hereby extended and continue through the duration of this Agreement.

IV. All other terms and conditions of the Subrecipient Agreement remain unchanged.

V. A copy of this AMENDMENT shall be attached to the original Subrecipient Agreement, dated October 26, 2023.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.

COUNTY OF MONTEREY
By: By: _____________________________
Carmen Gil, City Manager Craig Spencer, Acting Director of Housing & Community Development
Date: ________________________________ Date: ___________________________ Approved as to form and legality:

By: By:
_____, Board Secretary Reed Gallogly, Deputy County Counsel Date: ________________________________ Date: _________________________ Scope of Work & Budget Reviewed Reviewed as to fiscal provisions:

By: _________________________________ By:
_______, Executive Director Auditor-Controller’s Office Date: ______________________________ Date: _________________________ Pursuant to California Corporations Code Section 313, this Subrecipient Agreement must be signed by:
1) any president or vice president, or chair of the Board; and 2) any secretary, assistant secretary, treasurer or assistant treasurer, or the CFO Alternatively, the Subrecipient Agreement may be signed by anyone else named in a Resolution adopted by the Board of Directors provided a copy of said resolution is provided to the County.

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Attachment: Amended Subrecipient Agreement (2902 : CDBG Amendment for Community Center) City of Gonzales

PUBLIC WORKS / CITY ENGINEER DEPARTMENT

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. Staff issued a Request for Proposals in February 2023 to the three short-listed design/build teams. At the June 5, 2023 Council meeting, the Design/Build contract was awarded to Otto Construction/WRNS Studio. At that meeting, the Council also authorized a Notice to Proceed with Design Services for 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 on June 16, 2023. Due to grant funding deadlines, construction of the project will be phased. Phase 1 is the Teen Innovation Center, County Library, meeting rooms, restrooms, courtyard including amphitheater and site improvements (new drive aisle, 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.

REVIEW AND ANALYSIS
This staff report is comprised of the following sections:
• Project Design
• Funding/Financing Updates
AGENDA
ITEM
11 Packet Pg. 43

PROJECT DESIGN
Over the last seven months, the design/build team has advanced the project through the Design Development Phase and into the Construction Document phase.

The project is on schedule including WRNS making their 75% Construction Document submittal on January 19, 2024 (plan set has 185 sheets). Final Construction Documents are expected to be submitted for City building permit review by the end of February 2024.

As WRNS works towards issuing 100% Construction Documents, Moore Twining Associates (subcontractor to Otto Construction) for field investigations (soil borings and percolation tests). They will produce a geotechnical report to supplement the 2013 geotechnical report that will include recommendations to the design team.

Otto recently engaged with local PG&E service representatives to submit a new service application for the project. This early coordination is critical due to the long lead time for electrical gear.

WRNS staff will meet with the Gonzales Youth Council in advance of the February 5, 2024 Council meeting to present them with updates to the Teen Innovation Center. City staff is planning for a groundbreaking ceremony on April 27, 2024.

The presentation at the Council meeting will include additional details and efforts regarding the Design phase of the project.

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)
• $5.0M 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 • Grants (Electric Vehicle Charging Station Grant and a Building Forward Library Grant) • Capital Campaign with a $10.0M goal with pledges and contributions currently totaling $6.7M 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 1/10/2024 = $25,707,280
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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
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 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.

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.

Packet Pg. 45
Attachments:

1. GCC Slide Deck
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COUNCIL MEETING

GCC UPDATES
February 5, 2024
Packet Pg. 47
Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report) Dennis & Janice Caprara Community Center Complex January 31, 2024 Gonzales Council Meeting
February 5, 2024

1. Schedule Snapshot

2. Community Center Complex Fly-Through Video

3. Site Plan

4. Rendered Views • Exterior Views • Interior Views

5. Exterior Materials

6. Donor Acknowledgment
Packet Pg. 48
Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report) Packet Pg. 49
Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report) Packet Pg. 50
Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report) Dennis & Janice Caprara Community Center Complex January 31, 2024 Community Center Complex Fly-Through Video
Packet Pg. 51
Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report) N Dennis & Janice Caprara Community Center Complex January 31, 2024 Site Plan

DROP-OFF TRASH ENCLOSURE

KITCHEN GARDEN

AMPHITHEATER &

SEATING

COURTYARD FLEX

SPACE (OUTDOOR

CLASSROOM) CHILDREN PLAY
AREA

OUTDOOR FITNESS
AREA

LIBRARY PATIO

DROP-OFF

BICYCLE RACKS

EV STALLS (EQUIPPED/READY)
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Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report) Dennis & Janice Caprara Community Center Complex January 31, 2024 Floor Plan: Rendered View Index N V7 V 8
10V
V
11 12V
V V 1
2 V
5 V
6 V
4 3V
V
9 Packet Pg. 53
Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report)

EXTERIOR VIEWS
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Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report) Dennis & Janice Caprara Community Center Complex January 31, 2024

1. Aerial 5th Street View of Complex
Packet Pg. 55
Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report) Dennis & Janice Caprara Community Center Complex January 31, 2024

2. Building A: Corner at 5th Street
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Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report) Dennis & Janice Caprara Community Center Complex January 31, 2024

3. County Library & Courtyard Entrance
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Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report) Dennis & Janice Caprara Community Center Complex January 31, 2024

4. Building B: Community Hall Entrance
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Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report) Dennis & Janice Caprara Community Center Complex January 31, 2024

5. Courtyard towards Building B (Community Hall)
Packet Pg. 59
Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report) Dennis & Janice Caprara Community Center Complex January 31, 2024

6. Courtyard towards Building A (Teen Spaces)
Packet Pg. 60
Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report)

INTERIOR VIEWS
Packet Pg. 61
Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report) Dennis & Janice Caprara Community Center Complex January 31, 2024

7. Building A: Teen Innovation Lab
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Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report) Dennis & Janice Caprara Community Center Complex January 31, 2024

8. Building A: Teen Lounge / Game Room
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Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report) Dennis & Janice Caprara Community Center Complex January 31, 2024

9. Building A: Classroom
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Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report) Dennis & Janice Caprara Community Center Complex January 31, 2024

10. Building B: Fitness
Packet Pg. 65
Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report) Dennis & Janice Caprara Community Center Complex January 31, 2024

11. Building B: Community Hall (Event)
Packet Pg. 66
Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report) Dennis & Janice Caprara Community Center Complex January 31, 2024

12. Building B: Community Hall (Performance)
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Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report)

MATERIAL PALETTE
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Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report) Dennis & Janice Caprara Community Center Complex January 31, 2024 Architectural Material Palette - Color Pops
344 BRIANE
RGB 176 124 120V

PARKLEX PRODEMA

MUSTARD

FIRECLAY TILE

MOSAIC AT

RESTROOM ALCOVES
EIFS 103 NATURAL
WHITE
RGB 219 211 200
EIFS 526 FERN RIDGE
RGB 147 151 141
EIFS 426 GOLDEN

HARVEST
RGB 206 146 85
Packet Pg. 69
Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report) Dennis & Janice Caprara Community Center Complex January 31, 2024 344 BRIANE
RGB 176 124 120V

FIRECLAY TILE MOSAIC AT RESTROOM ALCOVES
Architectural Material Palette - Color Pops

BUILDING A BUILDING B
EIFS 526 FERN RIDGE
RGB 147 151 141
EIFS 426 GOLDEN

HARVEST
RGB 206 146 85
Packet Pg. 70
Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report) DONOR

ACKNOWLEDGMENT
Packet Pg. 71
Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report) Dennis & Janice Caprara Community Center Complex January 31, 2024 Donor and Other Signage Locations
Packet Pg. 72
Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report) Dennis & Janice Caprara Community Center Complex January 31, 2024 Donor Acknowledgment Precedent Images

MONUMENT SIGNAGE INDIVIDUAL ROOM / SPACE DONOR RECOGNITION

DONOR WALL AMPHITHEATER DONOR RECOGNITION
Packet Pg. 73
Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report)

THANK YOU
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Attachment: GCC Slide Deck (2904 : Community Center Complex Project Progress Report) City of Gonzales

CITY ATTORNEY

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: February 5, 2024
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, City Manager
SUBJECT: Consider Preparation of City Council Rules and Procedures

RECOMMENDATION
Receive staff report and provide direction to staff.

BACKGROUND
Unlike many other cities, the City of Gonzales does not have a set of rules and procedures applicable to Council meetings and business. While relationships on the Council have been largely harmonious for a significant period of time, and Staff has been able to provide guidance when needed on an ad-hoc basis, it would be in the Council’s best interest to have an established set of rules on which to rely for conducting City business. A number of recent disruptions at Council meetings throughout the state have revealed that those cities with a solid set of meeting rules and protocols have been best able to respond to unexpected challenges to meeting norms. Moreover, with the pending switch to by-district voting, there is a good chance that the Council may soon have new members who are somewhat unfamiliar with traditional meeting procedures. Guidance to new City leaders would undoubtedly be helpful. In light of the foregoing, Staff felt it was appropriate to inquire as to whether the Council wished to proceed with the preparation of a set of rules and procedures for Council review and subsequent adoption.

REVIEW & ANALYSIS
Cities often adopt rules and procedures to provide guidance to the City Council and staff in conducting public meetings and debating items of business in an effective, transparent and inclusive manner.

Although there are many variations between adopted rules, they usually contain a set of agreed-upon practices and behaviors aimed at ensuring that city business is conducted efficiently, effectively and in accordance with the law; a statement of the roles of the council, the mayor, the city manager and the city AGENDA
ITEM
12 Packet Pg. 75
attorney in an effort to establish clarity and purpose; and specific procedures to assist the council and staff in the handling of particular matters.

A typical set of rules will address procedures and guidelines for such areas as the preparation of council agendas, conducting meetings (of both the council and subsidiary bodies), council/staff communications, and preparation for council meetings. Rules often also establish specific procedures available to the council for placing items on future agendas and/or seeking information from staff members on particular topics, provisions to ensure compliance with the Brown Act, provisions to establish the appointment process for councilmembers and members of the public to various boards and committees, and rules of decorum for both the council and the public to be employed during the course of meetings.

Although adoption of a set of rules and procedures was considered by former City Manager Mendez and a prior Council several years ago, the idea never gained traction. Staff now believes that adoption of such a document would be of benefit to all future Councils and Staff. The Council could direct Staff to prepare a draft set of rules and procedures, could retain a consultant to prepare rules and procedures, or could form a subcommittee to get the preparation process rolling. Staff has attached exemplars from Greenfield, Soledad and recently modified rules considered by the LAFCo Board for your reference.

Explain: Adopting a set of meeting rules and procedures that stress efficiency, transparency, and order in City business is directly related to maintaining the City’s reputation as being friendly and dedicated to working collaboratively on all matters.

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. Yes ___ No X N/A

Explain: See above.

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

ALTERNATIVES
Packet Pg. 76
• Provide Staff with direction to prepare a draft set of Council Rules and Procedures for Council consideration.
• Form a subcommittee to spearhead the effort to prepare a draft set of Council Rules and Procedures for Council consideration.
• Direct Staff to solicit proposals from consultants for the preparation of a set of draft Council Rules and Procedures.

BUDGET IMPACT
N/A.

CONCLUSION
Receive staff report and provide direction to staff.

Attachments:

1. City of Greenfield City Council Rules of Order & Protocols

2. City of Soledad City Council Rules & Procedures

3. LAFCo Draft Code of Conduct & Rules of Decorum
Packet Pg. 77

CITY OF GREENFIELD
599 EL CAMINO REAL
GREENFIELD, CA 93927
ADOPTED: MAY 8, 2012
AMENDED: SEPTEMBER 8, 2015
AMENDED: JULY 26, 2016
ATTACHMENT 1
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Attachment: City of Greenfield City Council Rules of Order & Protocols (2906 : Consider Preparation of City Council Rules and Procedures)

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CITY COUNCIL RULES OF ORDER AND PROTOCOLS

TABLE OF CONTENTS
I. DUTIES OF THE CITY COUNCIL, MAYOR
II. MEETINGS AND NOTICE
III. AGENDA
IV. VOTING
V. THE MINUTES
VI. ACTIONS
VII. MOTIONS
VIII. CONDUCT OF PUBLIC HEARING
IX. PUBLIC PARTICIPATION AT COUNCIL MEETINGS
X. TELEPHONE PARTICIPATION – MEETINGS
XI. PUBLIC REQUESTS – PROCLAMATIONS / PRESENTATIONS
XII. TRAVEL EXPENSES AND REIMBURSEMENT RULES
XIII. CITY OF GREENFIELD COMMUNICATIONS GUIDELINES -
MAYOR/COUNCIL – MANAGER – STAFF
XIV. MISCELLANEOUS
XV. APPLICABILITY
Packet Pg. 79
Attachment: City of Greenfield City Council Rules of Order & Protocols (2906 : Consider Preparation of City Council Rules and Procedures)

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CITY COUNCIL RULES OF ORDER AND PROTOCOLS
I. DUTIES OF THE CITY COUNCIL, MAYOR
A. The Council. The City Council consists of five (5) members, including an elected Mayor and four (4) Council Members, each of whom shall be a registered voter residing in the City. Terms are set in accordance with Government Code Section 36503.

B. Mayor. The Mayor is elected by the people in accordance with Elections Code Section 32100 et seq. The Mayor is the official head of the City of Greenfield for all ceremonial purposes. The Mayor is entitled to vote on all matters but does not possess any veto power. The Mayor shall state every question coming before the Council, call for a vote, and announce the decision of the Council. The Mayor signs all ordinances and the approved minutes for all City Council meetings. The Mayor must execute such documents as directed by vote of the Council. The Mayor also makes appointments to all commissions and committees, with the approval of a majority of the City Council.

The Mayor is the presiding officer at all Council meetings. In the absence of the Mayor, the Mayor Pro Tempore is the presiding officer, and in the absence of the Mayor Pro Tempore, the remaining Council Members shall select a presiding officer. The presiding officer preserves decorum and determines all points of order, subject to the right of any member to appeal to the Council. If any appeal is taken and seconded, the question is “Shall the decision of the presiding officer be sustained?” A majority vote of the Council sustains the presiding officer’s determination. Otherwise, the ruling is reversed. If in doubt on a point, the presiding officer may submit the question to the Council, in which case a majority vote prevails.

C. Mayor Pro Tempore. The Mayor Pro Tempore (Mayor Pro Tem) is elected from those on the Council after the certification of each regular election. In the absence of the Mayor, the Mayor Pro Tem possesses the powers and performs the duties of the Mayor.

II. MEETINGS AND NOTICE
A. Public. All Council meetings are open to the public, with a prepared agenda, and all persons shall be permitted to attend all meeting except those closed sessions held in accordance of law (such as personnel, litigation matters or real estate negotiations).

Packet Pg. 80
Attachment: City of Greenfield City Council Rules of Order & Protocols (2906 : Consider Preparation of City Council Rules and Procedures)

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B. Regular meetings. Regular meetings shall be held as authorized by resolution of the City Council, unless a change in meeting date is authorized by majority vote of the Council. Once convened, such meeting may be adjourned to another location within the City if unusually large crowds or other circumstances warrant.

Council meetings shall convene promptly at 6:00 PM. Matters not completed by 10:00 PM will be continued to the next adjourned or regular meeting, unless a majority of the Council Members present at the meeting vote to continue the matter past 10:00 PM. Any regular meeting may be cancelled by the City Council upon announcement of such cancellation at the regular meeting preceding the meeting to be cancelled.

No action shall be taken on any item not appearing on the posted agenda. At least seventy-two (72) hours before a regular meeting of the City Council, the City Clerk, or designee, shall post in a public place an agenda containing the time and place of the Regular Meeting, the business to be transacted at the regular meeting, and information regarding requests for disability-related modification of accommodation. The agenda shall also be posted on the City’s website, except where the Brown Act does not so require.

C. Special Meetings. Special Meetings of the Council may be called by the Mayor or majority of members of the Council with at least twenty-four (24) hours notice by delivering, personally or by mail, written notice (i.e., the agenda) of the meeting to each Council Member and to each local newspaper of general circulation, radio or television station on record as having requested notice in writing, and as set forth in Government Code section 54950 et seq. Notice shall also be posted in a public place at least twenty-four (24) hours prior to the meeting and on the City’s website, except where the Brown Act does not so require. Such notice must specify the time and place of the Special Meeting and the business to be transacted. Written notice may be dispensed of by and Council Member who files with the Clerk a waiver of notice. Written notice may also be delivered via email. Only business contained in the notice may be considered at such meeting.

D. Cancelled Meeting. Notice of cancellation of a meeting shall be given by posting a notice of cancellation on or near the door of the location where the meeting was to take place, as soon as possible after the cancellation has occurred. The City Clerk shall also endeavor to remove the meeting agenda from the City’s website as soon as possible.

E. Emergency Meeting. In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, the City Council may hold an emergency meeting without complying with either the twenty-four (24) hour notice requirement or the twenty-four (24) hour posting requirement of section 54956 of the Government Code. All other Special Meeting section 54956 requirements (other than notice) are applicable to an emergency meeting.

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Attachment: City of Greenfield City Council Rules of Order & Protocols (2906 : Consider Preparation of City Council Rules and Procedures)

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For purposes of this section, an emergency situation may be defined as: (a) a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the City Council; or (b) a dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring the City Council to provide one-hour notice before holding an emergency meeting under this section; or (c) Any other event or occurrence as specified as an emergency situation by Government Code section 54956.5.

Each local newspaper of general circulation and radio or television station that has requested notice of Special Meetings (pursuant to Government Code section 54956) shall be notified by telephone, by the presiding officer of the legislative body, or designee thereof, one hour prior to the emergency meeting or in the case of a dire emergency, at or near the time that the presiding officer or designee notifies the members of the legislative body of the emergency meeting. If telephone services are not functioning, notice requirements are waived and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.

During an emergency meeting, the Council may hold closed session if agreed to by two- thirds (2/3) of the Council, or if less than two-thirds (2/3) are present, by unanimous vote of present members.

All Special Meeting requirements, as prescribed by Section II (C) shall be applicable to a meeting called pursuant to this section, with the exception of the twenty-four (24) hour notice requirement.

The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee of the legislative body, notified or attempted to notify, a copy of the roll call vote, and any actions taken at the meeting shall be posted for a minimum of ten (10) days in a public place as soon after the meeting as possible.

F. Study Session: The Council may from time to time meet in study sessions open to the public and news media, the time and place to be designated by the Mayor or a majority of the Council Members. Notice of study sessions shall be provided and agendas posted as required by the Brown Act for any such study session.

Study sessions shall be devoted to the exchange of information deemed essential before a regular Council meeting. No formal vote or official action shall be taken at study sessions, but members of the Council in attendance shall be entitled to express their opinions of any matter under discussion; providing, however, that nothing in this section shall prevent a polling of the Council or the taking of any informal vote or consensus in any matter under discussion. The participation of the public in such sessions shall be within the discretion of the Presiding Officer and subject to Council concurrence and compliance with the Brown Act. Study Packet Pg. 82
Attachment: City of Greenfield City Council Rules of Order & Protocols (2906 : Consider Preparation of City Council Rules and Procedures)

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sessions need not be so designated, but may be called idea sessions, information sessions, workshops, etc.

G. Closed Session. Closed sessions are regulated pursuant to the Brown Act. All written materials and verbal information regarding closed session items must remain confidential. Written reports and/or exhibits or materials furnished to members of the Council as part of the closed session must not be copied or saved and must be returned to staff at the conclusion of the closed session. No member of the Council, employee of the City or anyone else present should disclose to any other person the intent or substance of any discussion that takes place in a closed session unless authorized by a majority of the Council. All public statements, information and press releases related to closed session items should be handled by the City Attorney or as otherwise directed by a Council majority.

Any suspected violation of the confidentiality of a closed session discussion shall be reported to the City Attorney. The City Attorney shall be held responsible for a follow-up interview and potential investigation regarding the suspected violation. “Confidential Information” may be interpreted as a communication, written or verbal, made in closed session that is specifically related to the legal basis for conducting the closed session.

H. Audible Recordings. All regular, emergency and special meetings shall be audibly recorded and made available to the public within ten (10) working days of the meeting in question. All recordings of meetings shall be kept indefinitely.

III. AGENDA
A. The Brown Act requires that no action may be taken at any time unless on a printed and posted agenda containing sufficient information to apprise a reasonable person of the scope of any proposed action.

B. Preparation of Draft Agenda. Prior to agenda posting, a draft agenda shall be prepared by the City Manager for each regular meeting containing the time of commencement of the meeting, the specific items of business to be transacted and the order thereof. The City Manager (a) may place items on the draft agenda for discussion and/or action; (b) shall place an item on the draft agenda for discussion and/or action if requested by the Mayor at a previous Council meeting during City Council comments and/or (c) shall place an item on the draft agenda for discussion by any Council Member at a previous Council meeting during City Council comments.

Upon receipt of any such requests, said item should be placed on the next available meeting agenda, unless otherwise directed by the requesting Council Member/Mayor. If the Council Member requests an item for which the Council has already taken action or removed from formal consideration to be placed on the agenda, the requesting Council Member must obtain the consent of the majority of the Council for the item to be placed on the agenda.

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1. Request from Public: Any person may request placement of a matter on the Council agenda by submitting a written request with the agreement and approval of a sponsoring Council Member. The Council Member shall take the written request and bring it to the attention of the City Manager. The City Manager shall respond in writing to the Council Member as to the approval or denial of the request.

C. Contents of Agenda. The final agenda shall specify the time and location of the meeting. The agenda shall contain, when required by law or when appropriate, the following headings:

1. Call Meeting to Order

2. Roll Call of Members

3. Invocation

4. Pledge of Allegiance

5. Agenda Review

6. Public Comment

7. Consent Calendar

8. Mayor’s Presentations, Proclamations, Communications, Resolutions

9. Public Hearings

10. City Council Business

11. Adjourn to Closed Session

12. Reconvene to Open Session

13. Brief Reports on Conferences, Seminars & Meetings Attended by Mayor and City Council

14. Comments from City Council

15. Adjourn
D. Modifications to Approved Draft Agenda: After the draft agenda is approved by the City Manager and before the posting of said agenda for the City Council meeting in which the items will be addressed, additional items shall be placed on said agenda when:

1. The City Manager receives a request by two (2) Council Members, either verbally or in writing, that an item be added to the agenda. Items added in this manner will be addressed by the Council if a majority of the Council Members present at the meeting votes to address the item; or

2. The City Manager determines, with the concurrence of the City Attorney, that there is a need for that item to be placed on the agenda. Items added in this manner shall be addressed by the Council at the City Council meeting.

E. Items for Future Agendas: Any Council Member may direct the City Manager to place an item on the future agenda not yet drafted.

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Attachment: City of Greenfield City Council Rules of Order & Protocols (2906 : Consider Preparation of City Council Rules and Procedures)

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F. Posting of Agenda. At least seventy-two (72) hours prior to a regular meeting and twenty-four (24) hours prior to a Special Meeting, the City Clerk shall post the agenda in a place accessible to the public at City Hall and on the City web site, and as further explained in Section II. Whenever possible, staff reports will be made available to the Council, public, and press seventy-two (72) hours before the meeting. Packet materials or any supplemental material shall be delivered to Council Members on a weekday by 5:30 PM.

G. Matters Not Appearing on the Agenda. No action or discussion shall take place on any item not appearing on the agenda for a regular meeting as posted, unless:

1. The City Council determines by majority vote that an emergency situation exists as described in Section II (E).

2. The City Council determines by a two-thirds (2/3) vote of the members of the City Council present at the meeting, or, if less than two thirds of the members are present, an unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted.

3. The item was included in a posted agenda for a prior meeting held not more than five (5) calendar days prior to the meeting at which the item is acted upon and at the prior meeting the item was continued at the meeting at which action is being taken.

4. During Section III (C-6) (Public Comments), when an item not on an agenda is raised by a member of the public, the City Council may respond for purpose of clarification and refer to the City Manager for follow up at a later date.

H. Order of Business. At the time set for each regular meeting, the Mayor shall call the meeting to order, and the business of the Council shall be taken up for consideration and disposition in the order set forth. The order of the agenda shall be established by the City Clerk, who may fix a time for public hearings at a later time in the meeting than its commencement. With the consent of a majority of the Council Members present, items may be taken out of order.

I. If requested, the agenda shall be made available in various formats to persons with a disability as required by Section 202 of the Americans with Disabilities Act of 1990 (41 U.S.C. sect. 12132).

IV. VOTING
A. Right to Vote. Unless disqualified, as defined in Section IV (F), below members of the City Council are entitled and have the responsibility to exercise their right to cast their vote on items of business brought before the Council. Votes are taken by voice or roll call and entered in full upon the record.

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B. Quorum. Three (3) members of the City Council shall constitute a quorum of the City Council. Motions may be passed 2-1 if only three (3) attend, but resolutions, orders for the payment of money and all ordinances require a recorded majority vote of the total membership of the City Council. (Gov. Code sec. 36936.) C. No Objection/Unanimous Consent. A properly offered and seconded motion may be passed by unanimous consent of the Council Members. The Mayor shall declare a motion, duly made and seconded, as before the City Council. The Mayor shall then declare there being no objection, the motion is adopted by unanimous consent. Any motion adopted by this method shall be considered a recorded unanimous approval of the motion in the minutes by the City Clerk.

D. Roll Call. Votes must be taken by roll call if 1) the motion requires more than a majority, or 2) any member of the City Council demands the motion be voted upon by roll call vote. Upon such demand, the Mayor shall request the City Clerk to conduct a roll call, with each member of the City Council declaring yea, nay, or abstain. Upon conclusion of the roll call, the City Clerk shall declare the results of the roll call. If a roll call vote is demanded, the Mayor may elect to vote last.

E. Failure to vote. Every member should vote unless disqualified for cause accepted by vote of the Council or by opinion of the City Attorney. Self-disqualification, with approval, which results in a tie vote, should be avoided, but no Council Member can be forced to vote. The abstaining Council Member essentially “consents” that a majority of the quorum may act for him/her. Tie votes are “lost motions” and may be reconsidered later by motion to continue. This continuance suspends the running of any time in which action of the City Council is required by law.

F. Disqualification. Where a Council Member suffers a conflict of interest, bias, or predetermination, such member shall state the nature of the disqualification, leave the Dias and the Council chamber and, that Council Member’s vote or lack thereof shall not be considered, nor shall that Council Member be counted toward a quorum.

V. THE MINUTES
A. City Clerk Manages Minutes. The City Clerk shall draft and manage the minutes until presented to the Council, Commission or Board for approval. The Council, Commission or Board may then, by motion, make such corrections as conform to fact.

B. Content of Minutes. The minutes shall include the date, hour and place of the meeting; whether it is a regular, adjourned regular or Special Meeting; the names of the Council Members and staff present and absent; and any action taken by the City Council. The minutes should be a clear and concise statement of the actions taken at the Council meeting, including the motions made and the vote thereon.

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10 Whenever the Council acts in a quasi-judicial proceeding such as assessment or zoning matters, it is necessary to compile a complete summary of the witnesses.

If any Council Member arrives later or departs before the adjournment, the minutes shall reflect his or her arrival or departure time.

C. Audible Recording. The City Clerk shall be responsible to ensure the audible recording devices are turned on prior to any City Council meetings. The recordings of all meetings shall be made available to the public within ten (10) days following the meeting. The recordings of all meetings shall be made part of the permanent record and archived with the meeting minutes.

VI. ACTIONS
A. Motions. Any Council Member may initiate an item for formal consideration by the City Council through the making of a motion. An individual Council Member may make an independent motion, may make a motion to implement staff recommendation, or may request assistance from the City Manager or City Attorney as to the form of a proposed motion. Upon making of the motion, a second Council Member may second the motion. A duly offered and seconded motion shall be restated by the Mayor. Unless withdrawn, the City Council shall vote upon the motion as provided in Section IV.

B. Resolutions. A resolution is a formal document that records an action of the City Council. Resolutions are considered by the City Council upon motion and a proper second. Resolutions are sometimes required by law or may be recommended by the City Manager or City Attorney to record an action of the City Council which is considered of particular import.

C. Ordinances. Ordinances are the vehicle used by the City Council to repeal or amend existing law, as codified in the Greenfield Municipal Code, or to enact new law pertaining to the City’s police power within the City’s boundaries. In accordance with the California Government Code, Ordinances are considered by the City Council in a two-step process: 1) unless determined to be an item of urgency by a four-fifths (4/5) vote of the City Council, ordinances are introduced by the City Council at one meeting. 2) The ordinance is then approved and adopted at a subsequent City Council meeting.

1. Vote for Reading Ordinance Title Only. The Council may read the ordinance at both first and second reading (adoption) by title only, if reading in full is waived by majority vote.

2. Adoption of the Ordinance. Adoption may occur only once five (5) days have elapsed since first reading. The Ordinance either must be read in full or Unanimous Consent procedure to be read “by title only.” The ordinance title is read, and the Council shall have a roll call vote on a motion to read by title only. If the motion to read, by title only, passes, the ordinance is ready for adoption, otherwise must be read in full.

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11 The Council should avoid a “combination motion” to “adopt by reading title only” because if the Council splits, the passage may be defective. Ordinances may only be passed at a regular meeting, with the exception of urgency ordinances, which may be passed at a Special Meeting.

3. Effective date. All ordinances, except as provided in section 36937 of the Government Code (Urgency Ordinances) shall become effective thirty (30) days after adoption or upon such later date as may be designated in the ordinance.

4. Publishing. It is the duty of the City Clerk to publish or post the ordinance as set forth in section 36933 of the Government Code within fifteen (15) days after adoption; failure to do so may invalidate the ordinance.

5. Urgency Ordinances. If any Urgency Ordinance fails to receive an affirmative vote of four-fifths (4/5) of the members, such ordinance shall be as if it had not been read as an emergency enactment. Urgency ordinances must pass by a four-fifths (4/5) vote and be published and become effective immediately.

VII. MOTIONS
A. Processing of Motions. When a motion is made and seconded, it shall be stated by the Mayor before debate.

1. Motions out of order. The Mayor may at any time, by Unanimous Consent permit a member to introduce an ordinance, resolution, or motion out of the regular agenda order.

2. Division of question. If the question contains two or more divisible propositions, the Mayor may, and upon request of a member shall, divide the question and require a vote on each portion of the question.

3. Withdrawal of Motion. A motion may be withdrawn if the motion has not been stated by the Mayor. A withdrawn motion does not appear in the minutes. Once a motion has been stated by the Mayor, a motion can be withdrawn only by unanimous consent or by a majority roll call vote and the approval of the Council Member who seconded the motion.

B. Precedence of Motions. When a motion is before the Council, the only other motions that may be entertained are motions: to adjourn; to fix hour of adjournment; to lay on the table; for the previous question; to postpone to a certain day; to reconsider; to amend; and, to postpone indefinitely. These motions shall have precedence in the order indicated.

1. Motion to adjourn (not debatable). A motion to adjourn shall be in order at any time, except as follows:

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12 B. when made as an interruption of a member while speaking C. when the previous question has been ordered
D. while a vote is being taken.

A motion to adjourn “to another time” is debatable only as to the time to which the meeting is adjourned.

2. Motion to fix hour of adjournment. A motion to fix the hour of adjournment is called to set a definite time at which to adjourn. This motion is undebatable and unamendable except as to time set.

3. Motion to table. A motion to table is called to temporarily by-pass the subject. A motion to lie on the table is undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be “taken from the table” at any time prior to the end of the next regular meeting.

4. Motion for previous question (not debatable). A motion for a previous question (also known as calling the question) is called to close debate on main motion and bring about an immediate vote. This motion is undebatable. Just indicating “question” does not accomplish the same thing. If the motion fails, the debate is reopened; if the motion passes, then a Council vote on the main motion is in order.

5. Motion to amend. A Council Member may make a motion to amend an amendment is in order; however, a motion to amend an amendment to an amendment is not in order. An amendment modifying the intention of a motion is in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject is acceptable.

Regarding procedure, the amendment must be voted on first, and then the main motion may be amended by motion.

6. Motion to postpone. If a motion to postpone is called and adopted, the principal question shall be declared lost. Motions to postpone to a definite time are amendable and debatable as to propriety of postponement and time set.

7. Motion for reconsideration. Any Council Member who voted with the majority may move a reconsideration of any action at the same meeting providing no legal rights have intervened to create an estoppel. After one motion for reconsideration has been acted upon, no other motion on the same subject shall be made without unanimous consent.

VIII. CONDUCT OF PUBLIC HEARING
A. Format of hearing. Staff shall first provide the Council with a review of the issue, and time for Council questions. The Mayor shall then open the audience participation portion of public hearing and receive comments from the public. A presiding officer may limit a speaker’s time. If applicable, the applicant will be given the opportunity to present his or her case first, and then opponents will then be permitted to present their case. The applicant will then be allowed to present rebuttal (not supplemental) evidence and closing remarks. The Mayor will call the public hearing to be closed. After the close of the hearing, the Mayor Packet Pg. 89
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13 will ask for Council questions and a motion disposing of the matter. Council Members shall not speak on an issue until the public hearing is closed. After the public hearing is closed, it is inappropriate for the public to speak except to answer Council Member inquiry.

B. Evidence. The parties concerned, at this point, must be prepared to submit all evidence pertinent to their position. However, in order to save time, anyone may refer to previous testimony or to documents previously filed, as all of the records, exhibits, and minutes of other meetings are before each member, all of which is part of the record. Each speaker is required to abstain from irrelevant testimony, repetition, excessive hearsay, indulging in personalities or making statements not recorded by the City Clerk. All parties are reminded to restrict their remarks and evidence to that which is relevant, as determined by the Council. All evidence considered by the Council in reaching its decision must be retained by the City as part of the record, as a supplement to the minutes.

C. Witnesses. Each person who desires to speak must first be recognized by the Mayor. Upon receiving recognition, the speaker may give his or her name and address for the record.

D. Petitions – Letters. Evidence in administrative hearings may not be read unless the writer is present for cross-examination or unless the other side consents.

IX. PUBLIC PARTICIPATION AT COUNCIL MEETINGS
A. Timing and Scope of Public Comment. Any person may address the City Council regarding any matter with which they are concerned at the time designated for that agenda item, or on issues not on the agenda during at the “Public Comment” time in the agenda that provides an opportunity for members of the public to directly address the Council. Members of the public should make remarks or comments only on items within the jurisdiction of the City Council.

Remarks not within the scope of the City Council's authority shall be ruled out of order by the Mayor.

B. Speaker Cards, Addressing the Council. Speaker cards will be provided to the public near the entrance of the Council Chambers. Members of the public that wish to speak on an agendized item should submit a completed speaker card for each item to the City Clerk prior to the meeting being called to order, although such cards will not be required. The City Clerk will be responsible to call the members of the public who have filled out a speaker in the order that they are received. If time allows members of the public that did not fill out speaker cards may approach the podium to address the Council. Any person addressing the City Council should speak into the microphone at the speakers’ podium, state his or her name and address, and address all remarks to the City Council as a body, not to any individual member or to the audience. No person other than the Packet Pg. 90
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14 City Council and the person having the floor shall be permitted to discuss any matter either directly or through a member of the City Council without permission of the Mayor/Chair.

C. Frequency and Duration of Oral Comments. Members of the public shall only be allowed to speak one time on each agenda item without the consent of the Mayor, the exception being applicants or representatives who have requested a particular item be placed on the agenda may provide opening and closing remarks. The duration of oral comments shall not exceed three (3) minutes unless additional time is granted by the Mayor prior to opening that agenda item.

If an extension of time is granted for oral comments, such privilege shall extend to all speakers under that agenda item. Time for oral comments may not be donated or extended to a speaker from other members of the public in attendance.

D. Picking a Representative for a Group of Speakers. When an identifiable group of persons wishes to address the City Council, on the same agenda item, the Mayor shall have the discretion to request that a spokesperson be chosen by the group to address the City Council. If additional issues are to be presented on the subject by any other member of such group, the Mayor may limit the number of persons and the time period for speaking to the City Council, to avoid unnecessary repetition of issues.

E. Limiting Oral Comments. The Mayor with the Council has the discretion to reasonably limit the number of speakers and the duration of the oral comments on each agenda item.

F. Public Decorum: Each person who attends a City Council meeting or who addresses the City Council may not discuss matters that are not within the subject matter jurisdiction of the City Council, and must do so in an orderly manner and shall not make personal, slanderous, or profane remarks or verbally attack any member of the Council, staff or general public. Any person at the podium or in the audience that makes such remarks, or utters loud, threatening, personal, abusive or disruptive language, or engages in any other disorderly conduct that disrupts, disturbs, or otherwise impedes the orderly conduct of any Council meeting shall at the request of any Council Member be immediately escorted from the Council Chambers by the law enforcement officer on duty and be barred from further attendance of that particular meeting. Any physically aggressive or obscene gestures from individuals in attendance shall be cause for immediate removal from the meeting without the courtesy of returning to that particular meeting. Members of the public may not bring flags, signs or placards into the City Council Chambers larger than 8 ½ x 11 inches in size. Items cannot be waved, held over one’s head or generally moved in any other disorderly manner which disrupts, disturbs or otherwise impedes the orderly conduct of the Council Meeting. The aforementioned articles may be displayed or distributed outside the building or in the Civic Center lobby. Handouts or Packet Pg. 91
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15 printed materials may be distributed in the City Council Chamber prior to the Council meeting or in the Civic Center lobby.

Decorum and order shall be enforced in the following manner:

1. Warnings. The Mayor shall inform that any person(s) violating the RULES of DECORUM be orderly and silent. The warning shall be substantially in the form described as follows: If, after receiving a clear warning from the Mayor, the person(s) disturbs the Council meeting a second time, the Mayor shall call for the removal of the violator(s). If the person(s) does not depart from the Council Chambers of his or her own volition, the Mayor shall order any law enforcement officer on duty to escort law enforcement officer on duty to escort that person(s) from the Council Chambers.

2. Text for Warning. The Mayor shall deliver the requisite warning in substantially the following form:

You are hereby advised that your conduct is in violation of the Rules of Order and Decorum of the City Council and California Penal Code Section 403, and you are hereby directed to be orderly and silent. Penal Code 403 states –“That any person who, without authority of law, willfully disturbs or breaks up a lawfully convened meeting of the City Council is guilty of a misdemeanor.” Continued disruption of this Council meeting will result in your removal from the meeting by the officer on duty and you will not be permitted to return to the Council Chambers for the duration of the meeting. In addition, any continued disruption of this meeting is grounds for you being arrested and charged with a misdemeanor. Do you understand this admonition?

3. Motion to Enforce. If the Mayor fails to enforce the rules set forth above, any member of the Council may move to require the Mayor to do so and, by an affirmative vote of a majority of the Council, shall require the Mayor to enforce the ruling. If the Mayor of the Council fails to carry out the will of the majority of the Council, the majority may designate the Mayor Pro Tempore to act as Presiding Officer for the limited purpose of enforcing these Rules of Decorum.

G. Interruption of Meeting. Pursuant to Government Code Section 54957.9 (Brown Act) if any meeting is willfully interrupted and disrupted so as to render the orderly conduct of such meeting unfeasible, and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the City Council may order the meeting room cleared and continue in session.

Representatives of the news media may attend the meeting unless participating in the disturbance. The City Council may readmit any individuals not responsible for willfully disturbing the orderly conduct of the meeting.

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16 H. No Use of Public Comment for Campaigns. No person may use public comment or for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition.

Further, any direct mention of a candidate’s candidacy or a ballot proposition shall constitute grounds for immediate suspension of such person’s right to speak at that Council meeting.

I. No Use of Public Comment or for Advertising. No person addressing the Council may use Public Comment or for the purpose of advertising. Advertising is defined as “promoting by making known, proclaiming publicly, drawing attention to, or making conspicuous any item, product, service, or thing, for profit or otherwise. “This does not prevent or preclude any person addressing the Council from expressing his or her views or opinions on matters over which the Council has jurisdiction. Also, this does not prohibit individuals or organizations from promoting public events or causes through public requests for proclamations and presentations as provided in Section X, Item C and Item D below.

J. Transgression. The Council by majority vote shall retain authority to determine whether a Speaker’s remarks fail to comply with these Rules or exceed the scope of the designated Forum and the Mayor or Mayor Pro Tempore acting on the Council’s behalf shall have the right to suspend such person’s right to speak.

X. TELEPHONE PARTICIPATION – MEETINGS
A. Telephone Participation Meetings

1. Council Members may attend committee meetings and Study Sessions by teleconference. Only one Council Member per meeting may attend telephonically. Council Members may telephonically attend each type of meeting once per calendar quarter.

2. A copy of the agenda must be posted at the teleconference location.

3. The public needs to be able to participate in the meeting. Thus, the room needs to be open to the public, and a speakerphone (or other technology that allows the public to listen and comment) must be available for use.

4. The agenda must provide the opportunity for the public to address the Council directly at each teleconference location.

5. All votes taken during a teleconference must be by roll call.

6. During the teleconference, at least a quorum of the legislative body must participate from locations within the City’s boundaries.

7. The agenda for the teleconferenced meeting should mention the teleconference location, such as:

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17 NOTICE OF TELECONFERENCED MEETING
Pursuant to California government Code section 54953, member of the City Council may attend this meeting via teleconference. Members of the public may attend and participate either at the address given above, or at the teleconference location listed below: (insert address) XI. PUBLIC REQUESTS – PROCLAMATIONS / PRESENTATIONS
A Public Request for Proclamations. It is the policy of the Council to consider requests to proclaim certain events or causes when such proclamations pertain to a City of Greenfield event, person, organization, or cause with local implications. The Council will consider requests that are timely, have potential relevance to a majority of the City’s population, and either forward positive messages or call upon the support of the community. The following guidelines and requirements apply to requests for consideration for proclamations:

1. The person(s) or organization making the request must submit a completed application requesting a City Proclamation and submit a copy of the proposed proclamation.

2. The request should be made at least two weeks in advance of the requested Council meeting.

3. The Mayor, City Manager and/or staff designee will determine if the proposed proclamation meets the intent of this policy. When there is uncertainty in making this determination, the Mayor will consult with the City Council Committee of the Whole for guidance.

4. The Council will not make more than two proclamations at one Council Meeting.

5. The City retains the right to modify, edit, or otherwise amend the proposed proclamation to meet its requirements, needs, or policy determinations.

6. The City retains the right to decide if the proclamation will or will not be issued.

7. Once approved, the proclamation will be included on the appropriate Council agenda.

8. If not approved, the applicant will be notified of the decision and the reason(s) for the decision.

B. Public Requests for Presentations. It is the policy of the Council to consider requests for presentations of certain events or causes when such presentations pertain to a City of Greenfield event, person, organization, or cause with local implications. The Council will consider requests that are timely, have potential relevance to a majority of the City’s population, and either forward positive messages or call upon the support of the community. The following guidelines and requirements apply to requests for consideration of presentations Packet Pg. 94
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18 1. The person(s) or organization making the request to make the presentation must submit a completed application to make a City Council Presentation.

2. The request should be made at least two weeks in advance of the requested Council meeting.

3. The Mayor, City Manager and/or staff designee will determine if the proposed presentation meets the intent of this policy. When there is uncertainty in making this determination, the Mayor will consult with the City Council committee of the Whole for its guidance.

4. The presentation shall not exceed five minutes in length and the Council will not entertain more than two presentations at one Council Meeting.

5. The City retains the right to modify, edit, or otherwise amend the proposed presentation to meet its requirements, needs, or policy determinations.

6. The City retains the right to decide if the presentation will or will not be permitted.

7. Once approved, the presentation will be included on the appropriate Council agenda.

8. If not approved, the applicant will be notified of the decision and the reason(s) for the decision.

XII. TRAVEL EXPENSES AND REIMBURSEMENT RULES
The Mayor and each City Council member shall each have an annual $3,000 budget allocation for approved City business and travel. Advance authorization by the City Council is required in order to exceed the approved budget allocation. Reimbursement of meals, registration fees, parking, hotel and other expenses shall be reimbursed by the City based on submitted receipts.

The Mayor or Councilmember who serves as a committee member or an officer of an organization of which the City is a member, shall seek advance authorization from the City Council for any expenses, for a period not to exceed a year, at the start of each fiscal year and shall maintain a log of all expenses and will be distributed to the City Council at the end of each year.

The City Clerk shall be responsible for reserving hotel, airline and conference registrations on behalf of the Mayor and City Council. The Mayor and Council Members will be reimbursed for meals, parking, cabs, and other customary and reasonable expenses upon the submission of receipts and completion of a travel expense report obtained from the City Clerk. A copy of the completed and signed travel expense report shall be distributed to the council as an agenda item prior to repayment.

If the Mayor or a Councilmember must cancel an already scheduled and reserved trip, the individual must notify the Mayor and City Clerk at the earliest possible time to cancel all reservations and obtain refunds. If the arrangements cannot be cancelled, the individual shall attempt, through the City Clerk, to find a substitute member of the City Council. If no one else can go, then the individual who cancelled the trip is personally responsible for any costs incurred by the City. The City Council may waive said obligation upon written request if the cancellation Packet Pg. 95
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19 was due to personal illness, illness or death of a family member, unforeseen business necessity, or other valid unavoidable conflict.

In accordance with city travel policies, none of the following expenses can be paid by the City:

Travel paid for by any other organization, alcoholic beverages, valet services, meals or lodging accommodations for family or guest, tour bus fees for sightseeing tours, mileage if traveling as a passenger in a privately-owned car, trip insurance, hosting, tips unless otherwise authorized or any other personal expenses for entertainment or other purposes.

One City credit card shall be issued for use by all members of the City Council for expenses outlined in this policy.

The City Council, by majority vote, may waive any provision of this policy.

XIII. CITY OF GREENFIELD COMMUNICATIONS GUIDELINES -
MAYOR/COUNCIL – MANAGER – STAFF
Governance of the City of Greenfield relies first upon the City of Greenfield Code of Ordinances and California State law as it applies to the City-authorized framework for doing business and then upon the cooperative efforts of the elected Mayor and City Council who set policy and priorities, the City Manager who directs and manages the affairs of the City, and City Staff.

City staff performs the operations required to deliver services, resolve service issues, carry out the assigned tasks designated in department orders and standards, analyze problems and issues, and make recommendations under the direction of the City Manager to the elected Mayor and City Council. (1) All City Staff members report through a chain of command and act under the direction of the City Manager through the Department Directors.

Communications among all parties shall be conducted in accordance with the adopted City Council Rules of Order and Protocols, the Greenfield Municipal Code and the California Government Code - without exception. These documents provide the framework and formal basis for the Communications Guidelines listed herein. Within this restrictive framework, it is our cooperative efforts that are our best ally in moving the City forward. Preserving trust in all relationships is paramount to achieving the proper execution of City policy, rules and regulations. Trust provides the most efficient path to getting the job of governance done for the City of Greenfield. Preserving trust in all City matters requires that we exercise a prudent amount of control over how we communicate. The City Manager, staff and Mayor and Council shall strive constantly to affirm the dignity and worth of the services rendered by City government and maintains a constructive, creative, and practical attitude toward local affairs and a deep sense of social responsibility as a trusted public servant. The following guidelines will help maintain effective communications among the Mayor and City Council, the City Manager and City Staff. Guidelines cannot cover every situation. When in doubt, the Mayor, City Council and City Staff are directed to contact the City Manager or the City Attorney for specific resolution of situations not covered herein.

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20 1. The City Manager has the responsibility to manage the affairs of the City and, as such, shall be included in all communications between Staff and all elected officials. While City staff members are available to answer Mayor and City Council inquiries regarding resident and/or business information, excepting, however, any matter involving a business/client relationship or legal conflict of interest, the City Manager is the primary information liaison between the Mayor/City Council and City Staff and must provide direction to staff on completing the inquiry. When the Mayor and City Council request information, that request should be directed to the City Manager. Likewise, when City Staff needs information or discussion on matters of inquiry, information or resolution of a service inquiry, that communication will be to the City Manager.

2. The City manager is the administrative head of the government of the City under the direction and control of the City Council. It is the job of the City Manager to control order and give directions to all heads of departments and to subordinate officers and employees of the City under his or her jurisdiction through their department heads. The City Manager shall keep the City Council at all times fully advised as to the financial condition and needs of the city and too exercise general supervision over all public buildings, public parks and all other public property which is under the control and jurisdiction of the City Council. The City Manager shall keep the community informed on local government affairs; encourage communication between the citizens and all local government officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service.

3. The Mayor and all City Council members should have the same information with which to make decisions and understand the issues and recommendations of Staff related to policy and/or priorities. When an elected official has an inquiry or information request, it will be shared with the Mayor and all members of the City Council. The City Manager shall ensure that all City Staff recognize that elected representatives of the people are entitled to the credit for the establishment of local government policies.

4. The Mayor and City Council may meet with City Staff upon the approval of the City Manager to discuss matters of policy, recommendations for changes in city services, and updates on the status of assigned departmental function, provided that no direction is solicited or offered by the Mayor, City Council or City Staff. The results of all discussions shall be reported to the City Manager and used to create Staff recommendations for Mayor and City Council consideration. At no time shall direction, recommendations or opinions be sought, solicited or offered. The purpose is to provide information and comment only on the subject at hand. The critical balance, required by law, is to ensure the decision-making of the Mayor and City Council occurs at a public meeting, at which time the City Manager has placed the Staff recommendation before the Packet Pg. 97
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21 City Council. At no time shall the comments, understanding or concerns from any one meeting be shared or extended in any manner to create or promote a serial or sequential formation of policy direction. The purpose of meetings is to aid in the drafting and development or improvement of proposed policy and policy alternatives by City Staff; and to develop recommendations based upon understanding of issues by City Staff.

Soliciting opinion(s), offering direction, or stating opposition or support shall be avoided at all times to remain within the rules and laws followed by the City.

5. The City Manager will have regular meetings with the Mayor and City Council to update them on various issues confronting the City. The purpose of these meetings is to keep the Mayor and City Council informed on the general state of affairs of the City as well as various issues and priorities established by the City Manager for resolution or consideration at a future City Council meeting. The content of these regular update shall be the same for the Mayor and each City Council member and will occur in a similar timeframe. Again, no direction will be offered or solicited by any party. The purpose is for the Mayor and City Council to receive equal treatment that includes the same information and the same understanding of the affairs of the City.

6. The Mayor and City Council depend upon City Staff to provide consistent services to all residents and to respond to resident, citizen and business concerns, complaints, and opportunities as fully, consistently and expeditiously as practical. A major strength of the City’s organizational culture is providing quality and consistent customer service. To that end, all inquiries shall be coordinated through a central management system within the City Manager’s Office. To ensure efficient and responsive customer service to all, the City Manager’s Office shall respond to the initial inquiry within two business days, except as modified by a state of emergency. All inquiries will be available to the Mayor and City Council, City Manager and Department Directors. It is the responsibility of all Department Directors to assign, monitor and ensure a response is provided in a timely manner, within the resources of the department and the cost-effective management and delivery of services, and to ensure the issue is returned to the City Manager for closure.

7. Respect the will of the entire City Council, but honor the right of each City Council member to be in a minority on any issue. City Staff will make every effort to respond professionally in a timely manner to all requests for information or assistance made by individual City Council members. However, if a request reaches a certain stage in terms of workload, policy or priority, it may be more appropriate to make the assignment through the direction of the full City Council. If this should occur or is projected to occur based upon resources, the City Manager will prepare a communication to the City Council informing them of the situation and may include the item on a future City Council agenda for direction from the full body. It will always be the prerogative of the Packet Pg. 98
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22 Mayor or individual City Council member to request a discussion at an upcoming City Council meeting and provide direction to the City Manager by the entire City Council.

This guideline helps ensure that Staff resources are allocated in accordance with the direction of the full City Council. It shall be the duty of the City Manager to direct and ensure that Staff carries out the actions and directions of the Council.

8. The Mayor and City Council will depend upon City Staff and the City Manager to make independent and objective recommendations. The City Manager and Staff are expected to provide their best professional recommendations on issues, alternatives to recommendations as appropriate, and pros and cons for the recommendations and alternatives. All such recommendations shall first consider the law; then existing or proposed City Ordinances, Resolutions and/or Administrative Policies; then the best practices of the field of study pertaining to the issues, the available resources, and best interests of the City. Sometimes, Staff may make recommendations that will be unpopular with the public, other governmental agencies, or the Mayor and City Council.

However, the City Manager and City Staff respect the role of the Mayor and City Council as the policy makers and final decision-makers for the City and understand the Mayor and City Council must consider a variety of opinions and community values in their decision-making process. It is the express intent of the City Council that their directions and actions are carried out by City Staff to the best of their ability without prejudice.

The purpose here is to restrict the final authority of the City’s governance to the Mayor and City Council as the elected representatives of the City. Conversely, the City Manager is the final authority of the City Staff to the elected officials on all matters placed before the full Council.

9. The City Manager and City Staff are supporters and advocates of adopted City Council policy and priorities. Whether or not it was the recommendation of the City Manager or City Staff, City Staff will always and consistently strongly support the adopted actions of the City Council. In doing so, it is understood this may concern the members of the City Council who voted in the minority on controversial issues. This guideline is intended to honor the role of the full City Council in deciding these issues, and it is the duty of the City Manager and City Staff to carry out the direction of the City Council.

10. Finally, the Mayor and City Council, the City Manager, and City Staff, within their respective roles, shall refrain from publicly criticizing any individual employee or elected official. Criticism is differentiated from questioning facts or the opinion of an elected official, the City Manager and City Staff. The purpose here is to ensure a fundamental voice of each party in the free practice of City governance by focusing on the issues confronting the City and not upon the opinions or beliefs of any individual. The Mayor Packet Pg. 99
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23 and City Council should comment to the City Manager on the performance of the City Manager and/or City Staff.

These guidelines shall be followed by all City Staff in consideration of the laws of this nation, state and city, with particular emphasis on compliance with the Open Meeting Law, California Ethics in Government Law, and the City of Greenfield Code of Ordinances. They are intended to serve as the basis for cooperation in the communications used in common day-to-day operations of the City.

XIV. MISCELLANEOUS
Miscellaneous Expenditures of City Resources. No Council Member shall have the entitlement for obligating, indenturing or otherwise entering into an agreement and/or contract, verbal or written that requires the use of city funds and or equipment, staff time or use of any city resources without one hundred percent (100%) approval of the entire Council Membership. No Council Member shall have the sole authority to disperse or use city funds or resources without the knowledge and one hundred percent (100%) approval of the Council.

XV. APPLICABILITY
The City Council further finds and declares that the aforementioned Rules of Order and Protocols will be used and followed by all members of the City Council, and its Commissions and Boards, unless previous adopted rules of conduct exist and apply to that board. In the case of a Commission or Board, the term “Chairperson” shall be substituted for Mayor and the name of the Commission or Board shall be substituted for City Council or Council.

The intent of the policy for the aforementioned Rules of Order and Protocols will be observed unless one hundred percent (100%) of the Council desires a change.

It shall be the responsibility of the City Manager to review the aforementioned Rules of Order and Protocols on an annual basis to insure compliance with the Brown Act. Any necessary updates for non-compliance issues shall brought to the immediate attention of the full Council.

05.08.2012 Adopted

09.08.2015 Amended

07.26.2016 Amended
Packet Pg. 100 Attachment: City of Greenfield City Council Rules of Order & Protocols (2906 : Consider Preparation of City Council Rules and Procedures) P:\City Council Rules, Policies and Procedures: 11.03.10 Page 1

CITY COUNCIL RULES, POLICIES AND PROCEDURES

CITY OF SOLEDAD

ARTICLE I

GENERAL
Section 1. Scope
(A) Definition. These Soledad City Council Rules, Policies and Procedures shall govern the Soledad City Council and all of its affiliated subcommittees. This document is also designed to describe the manner in which councilmembers should treat one another, city staff, constituents, and others they come into contact with in representing the City of Soledad. (B) Delegation. The City Council may delegate certain powers to the Mayor. No assignment, referral or delegation of authority by the Council shall preclude the Council from exercising the authority required to meet its responsibilities for operation of the City. The Council shall retain the right to rescind any such delegation.

Section 2. Powers
The Council shall have and exercise the powers set forth in California Government Code Sections 37100 et seq. and 37200 et seq.

Section 3. Purpose and Organization
(A) Purpose and Organization
(1) Purpose
The City is organized and operated pursuant to California Government Code Section 36800 et seq. The general functions of the City Council are to:
(a) Promote the development, maintenance and improvement of the City and related facilities as well as the protection of the City’s natural, residential, industrial and commercial environments. Such efforts shall include promotion of the City of Soledad's Mission Statement, which provides:
“The City of Soledad is committed to serving our community and improving the quality of life while celebrating our heritage and diversity.”
ATTACHMENT 2
Packet Pg. 101 Attachment: City of Soledad City Council Rules & Procedures (2906 : Consider Preparation of City Council Rules and Procedures) P:\City Council Rules, Policies and Procedures: 11.03.10 Page 2 (b) Oversee organized methods of efficient financial management. (c) Attract a staff of highly qualified and competent employees and provide these employees with a clean, safe, working environment and opportunities for professional growth.
(2) Organization
(a) Council
The Council shall consist of five (5) members, an elected Mayor and four (4) council members, each of whom shall be a registered voter residing in the City. Members shall be elected by the registered voters residing in the City, pursuant to California Elections Code Section 32100, et seq. The terms shall be set in accordance with California Government Code Section 36503. An employee of the City may not be a Council member. (b) City Manager
Pursuant to Chapter 2.08 of the Soledad Municipal Code, the Council is authorized to appoint a City Manager who shall, under the direction of the City Council, act as the administrative head of the City. The qualifications of the City Manager shall meet the requirements established by the Council. The duties of the City Manager shall be those set forth in Section 2.08.060 of the Soledad Municipal Code, as may be amended from time to time. (c) City Attorney.

The Council is authorized to appoint a City Attorney who shall provide legal advice to the City Council and legal services and representation to the City as a whole. The City Attorney shall serve at the pleasure of the City Council. (d) Staff.

The City Manager shall be responsible for maintaining a suitable staff to conduct the business of the City. The Council has approval powers over the size and organization of the staff.

Section 4. Council Member Duties and Responsibilities
(A) Duties of the individual Council members include, but are not necessarily limited to:
(1) Attendance at Council meetings.
(2) Attendance at meetings of committees to which the member is assigned.

Packet Pg. 102 Attachment: City of Soledad City Council Rules & Procedures (2906 : Consider Preparation of City Council Rules and Procedures) P:\City Council Rules, Policies and Procedures: 11.03.10 Page 3 (3) To relate community input to the Council.
(4) Representation of the City in a positive and effective manner in public forums.
(5) As appropriate, to be politically active on behalf of the City and its interests and needs.
(6) Becoming knowledgeable about City operations and services so that Council members can effectively question reports of the City Manager, staff and consultants and evaluate the answers.
(7) Participation in annual evaluation of the City Manager, conducted according to established procedures.
(8) Participation in orientation and training programs for new Council members.
(9) Participation in City workshops, including, but not limited to, annual budget and strategic plan workshops.
(10) Attendance, and where appropriate, representation at area and regional meetings. Said duty shall include responsibility for notifying the Council, Mayor or City Manager if unable to attend a meeting where representation is required so that an alternate can be notified or appointed to represent the City.
(B) Create necessary committees and subcommittees, and thereafter consider and approve or disapprove the elected Mayor’s nominations and proposed appointments for various members on Council committees, subcommittees and all other subcommittees, boards and commissions.
(C) Vacancies
Where the office of a Council member, including the Mayor, becomes vacant during his/her term, the vacancy may be filled for the unexpired portion of the term by appointment by the majority of remaining Council members within thirty (30) days of the vacancy.

Alternatively, the Council may call for a special election to fill the vacancy in accordance with Government Code Section 36512.

Packet Pg. 103 Attachment: City of Soledad City Council Rules & Procedures (2906 : Consider Preparation of City Council Rules and Procedures) P:\City Council Rules, Policies and Procedures: 11.03.10 Page 4 (D) Compensation
Council members may receive a salary in accordance with California Government Code Sections 36516 and 36516.5 and shall be allowed reimbursement for actual and necessary expenses incurred in the performance of their duties. The elected Mayor may draw a salary in addition to that established for council members if approved by the electorate or by an ordinance adopted by a majority of the Council.
(E) Conflict of Interest
Council members shall be required to follow the current Conflict of Interest Code adopted by the State of California.

ARTICLE II

MEETINGS
Section 1. All regular Council meetings shall be held in the City Hall in the City of Soledad, and shall be open to the public.

Section 2. Regular meetings
Regular meetings of the Council shall be held in accordance with a schedule adopted by resolution of the City Council. Any person may request that a copy of the agenda of any meeting of the Council be mailed to that person. Any request for mailed copies of agendas or agenda packets shall be valid for the calendar year in which it is filed, and must be renewed following January 1 of each year. The Council may establish a fee for mailing the agenda or agenda packet, which fee shall not exceed the cost of providing the service. Failure of the requesting person to receive the agenda or agenda packet pursuant to this section shall not constitute grounds for invalidation of the actions of the Council taken at the meeting for which the agenda or agenda packet was not received.

Section 3. The Council may from time to time, by majority vote, change the time and place of a regular meeting. The Council may at their option start the closed session of a regular meeting before 6:30 P.M., in an effort to begin open session proceedings on time. Such closed sessions will be noticed on the agenda.

Section 4. Special Meetings
Special meetings of the Council may be called at any time by the Mayor, or at the written request of a majority of the members of Council delivered to the City Clerk. Written notice of such special meetings shall be given to each Council member and to each local newspaper of general circulation and radio or television stations requesting notice in writing. The notice shall Packet Pg. 104 Attachment: City of Soledad City Council Rules & Procedures (2906 : Consider Preparation of City Council Rules and Procedures) P:\City Council Rules, Policies and Procedures: 11.03.10 Page 5 be delivered personally or by any other means and shall be received at least twenty-four (24) hours before the time of the meeting. The notice shall specify the time and place of the meeting and the business to be transacted; no other business shall be considered at said meeting. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice. The waiver may be given by telegram. Written notice may also be dispensed with as to any member who is present at the meeting at the time it convenes. The call and notice shall be posted at least twenty-four (24) hours prior to the special meeting in a location that is freely accessible to the public.

Section 5. For regular and special meetings of the Council, a quorum shall be three (3) of the Council members.

Section 6. All actions of the Council shall require a majority of three (3) of the Council members.

Section 7. Any meeting, regular or special, whether or not a quorum is present, may be adjourned from time to time by the vote of a majority of the members present. Less than quorum may adjourn from time to time. The Mayor is given the authority to cancel a regular meeting if there are no public hearings or business items scheduled to be conducted at the meeting. Written notice of cancellation shall be given to each Council member and to each local newspaper of general circulation. The notice of cancellation shall be delivered personally or by any other means and shall be received at least twenty-four hours before the scheduled meeting time. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within 24 hours after the time of the adjournment. The resulting adjourned meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings by ordinance, resolution, bylaw, or other rule.

Section 8.
(A) At least seventy-two (72) hours before a regular meeting the City Clerk of the Council, or designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public. No action shall be taken on any item not appearing on the posted agenda.

If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12132). The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting. The agenda should also include information regarding how, to whom and when a request for translation services may be made by a person who requests assistance in addressing the Council or understanding council discussion and actions at a given meeting.

Packet Pg. 105 Attachment: City of Soledad City Council Rules & Procedures (2906 : Consider Preparation of City Council Rules and Procedures) P:\City Council Rules, Policies and Procedures: 11.03.10 Page 6 (B) Notwithstanding subdivision (a), action may be taken on items of business not appearing on the posted agenda under any of the following conditions. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item. (1) Upon a determination by a majority vote of the Council that an emergency situation exists, as defined by Section 54956.5 of the Government Code; (2) Upon a determination by a two-thirds vote of the Council, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that the need to take action arose subsequent to the agenda being posted as above provided; (3) When the item was posted pursuant to the foregoing provisions of this section for a prior meeting of the Council occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which the action is being taken.
(C) Prior to each council meeting, the City Manager shall arrange a list of such matters to be included on the Council’s meeting agenda, including all ordinances, resolutions, reports, communications, contracts, documents or other matters. Assistance in this regard may be provided by the Mayor, City Clerk and City Attorney. Prior to agenda posting, any council member may request that the City Manager place a given item on an agenda. Upon receipt of such a request, said item shall thereafter be placed on the next available meeting agenda, unless otherwise directed by the requesting council member. The authority of a single council member to have an item placed on a pending agenda shall not apply to matters on which the Council has already taken action or removed from formal consideration for a specified or indefinite time. In such instances, a council member must obtain the consent of a majority of the Council at a noticed meeting prior to having a given matter agendized for consideration, consideration on an expedited basis, or reconsideration. With respect to a matter on which the Council has already considered and taken action on the merits, reconsideration can only be proposed by a council member who voted with the majority vote on said matter.

Section 9. The abstention of a member from voting on an item at a meeting at which a quorum is present shall constitute consent on the part of the abstaining member(s) that the matter be determined by the vote of the other members present and not abstaining, subject to Section 6.

In the event of one abstention, with or without cause, and a subsequent tie caused by a two-votein-favor/two-vote-against vote of the remaining council members, the involved action shall be deemed to have failed for lack of an affirmative vote of the majority of council members.

Section 10. The Mayor, or in the absence of the Mayor the Mayor pro tempore, shall call meetings to order and shall act as the presiding officer thereof. In the absence of both the Mayor and the Mayor pro tempore, a chairperson elected by the members present shall call meetings to order and shall act as the presiding officer thereof.

Packet Pg. 106 Attachment: City of Soledad City Council Rules & Procedures (2906 : Consider Preparation of City Council Rules and Procedures) P:\City Council Rules, Policies and Procedures: 11.03.10 Page 7 Section 11. Public Meetings
All regular, special and adjourned meetings of the Council shall be open to the public unless otherwise provided by law. Members of the public who desire to present oral comments to the Council shall observe the following:
(A) Prior to speaking, the intended speaker shall identify him/herself and provide an address for the City’s future reference.
(B) The duration of the oral comments shall not exceed three (3) minutes without the prior consent of the Mayor of the Council.
(C) The time for oral comments may not be donated or extended to a speaker from other members of the public in attendance.
(D) Oral comments shall be addressed only to the members of the Council. (E) The Mayor shall have the discretion to reasonably limit the number of speakers and the duration of the oral comments on each agenda item.

Section 12. Minutes
A record of all proceedings of all public meetings of the Council shall be kept on file.

Section 13. Rules of Debate
(A) Presiding Officer May Debate and Vote. The Mayor or Mayor Pro Tempore or such other member of the Council as may be presiding may move, second and debate from the Chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of these rights and privileges of a Councilmember by reason of his/her acting as the presiding officer.
(B) Getting the Floor - - Improper References. Every member desiring to speak shall address the Chair, and, upon recognition by the presiding officer, shall confine oneself to the question under debate, avoiding all personalities and indecorous language. (C) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it is to call him/her to order, or as herein otherwise provided. If a member, while speaking, be called to order, he/she shall cease speaking until the question of order be determined, and, if in order, he/she shall be permitted to proceed.

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ARTICLE III

OFFICERS
Section 1. The officers of the Council shall be the elected Mayor and Mayor Pro Tempore.

Section 2. Election of Mayor Pro Tempore
(A) After each general municipal election at which council members are elected, the Council shall, at the meeting at which council members are sworn in and seated for new terms, elect the Mayor Pro Tempore from among its members.
(B) The Mayor Pro Tempore shall be elected for a period of two (2) years and shall serve until a successor is elected or a vacancy occurs.

Section 3. Duties
(A) Mayor - Generally
(1) Preside over all meetings of the Council. The Mayor shall preserve strict order and decorum at all regular and special meetings of the Council. The Mayor shall state every question coming before the Council, call for the vote, and announce the decision of the Council. The Mayor may make or second any motion and present and discuss any matter as a member of the Council.
(2) Sign as Mayor and execute in the name of the City, warrants, contracts, conveyances, and other written instruments which have been authorized by the Council unless this authority is otherwise delegated to another individual or individuals. (3) The Mayor shall be recognized as the official head of the City at all meetings and/or functions at which a City representative is necessary or has been requested, and for all ceremonial purposes. Notwithstanding the foregoing, any member of the Council may be designated by the Mayor or the Council to fulfill formal and/or ceremonial duties. (B) Mayor Pro Tempore - Generally
(1) The Mayor Pro Tempore shall, in the event of death, absence or other inability of the Mayor, exercise all the powers and perform all the duties of the office of the Mayor until the Mayor is able to resume such duties, or in the case of a vacancy, until the vacancy is filled pursuant to Article I, Section 4.(c) of these Rules..

Section 4. Vacancies and Removal of Mayor Pro Tempore
(A) Vacancy in the office of Mayor Pro Tempore shall be filled by Council election as soon as is reasonably possible.

Packet Pg. 108 Attachment: City of Soledad City Council Rules & Procedures (2906 : Consider Preparation of City Council Rules and Procedures) P:\City Council Rules, Policies and Procedures: 11.03.10 Page 9 (B) The Mayor Pro Tempore may be removed by vote of four (4) Council members for failure to perform the duties of the office or for malfeasance in the office.

ARTICLE IV

COMMITTEES
Section 1. Formation.

The Council has the authority to create necessary committees and subcommittees, and thereafter the Mayor has the authority to nominate and appoint the various members of Council committees, subcommittees and all other subcommittees, boards and commissions, either in accordance with statutory requirements, or where no such requirements exist, with the approval of the majority of the council members. All open positions and/or vacancies on committees, subcommittees, boards and commissions, with the exception of ad-hoc committees composed entirely of members of the City Council, shall be advertised in a newspaper of local jurisdiction and by other means deemed appropriate by City Staff. All applicants shall be required to complete an application for a given position, stating position qualifications and providing a “statement of interest.”
Section 2. Administration.

The Office of the City Clerk maintains a current list of City Council Committee List which includes appointments to (1) Outside Agencies, Boards and Commissions, (2) Standing Committees, (3) Liaison appointments to outside local organizations, and (4) Ad-Hoc Committees. The list includes meeting dates and times. The Clerk coordinates all appointments to these positions.

Section 3. Types of Committees and Assignments
a) Standing Committee
A standing committee is a committee of the City Council with continuing existence, formed to consider or performed assigned work on a particular subject matter on an ongoing basis. All standing committee meetings are subject to the Brown Act, and will be conducted at regularly scheduled meetings and times. Standing committee meeting agendas will be prepared, posted and distributed in accordance with the Act, stating the time and place of the meeting and the subject matter(s) to be discussed. Standing committees generally serve in an advisory capacity to the City Council and will only have those powers specifically delegated by the City Council.

Members serve for a minimum of two year terms and rotation is not required. A City Council Member, who is not a member of a standing Committee, may attend a Standing Committee meeting, provided he/she attends only as an observer, does not participate in any aspect of the meeting and sits with other amongst the public.

Packet Pg. 109 Attachment: City of Soledad City Council Rules & Procedures (2906 : Consider Preparation of City Council Rules and Procedures) P:\City Council Rules, Policies and Procedures: 11.03.10 Page 10 b) Liaison Appointments - A Council member may be appointed to act as a liaison between the City Council and a local organization. Such appointments are usually honorary, non-voting positions on the local organization’s legislative board. Appointees will serve in an advisory capacity for a minimum of two year terms. Rotation is not required. c) Ad Hoc Committee. Ad hoc committees are temporary or limited-life committees established on an as-needed basis for the purpose of carrying out a specific task or objective. An ad-hoc committee’s role, specific task, and term must be specified by the Council at the time of formation. If the committee’s role, specific task and term are not specified at the time the committee is formed, Staff will place this matter on the next scheduled Council meeting for direction. Appointments to ad-hoc committees are made for a specific duration, most of which will not exceed one year. Once the ad hoc committee has completed its task, the supporting department will submit a report to the Council stating completion of the ad hoc committee tasks and recommending dissolution. Ad Hoc Committees shall be reviewed on an annual basis for realignment with Council priorities as necessary. An ad hoc committee composed solely of less than a quorum of the Council shall be exempt from the provisions of the Brown Act, including all notice and agenda requirements.

ARTICLE V

GENERAL PROVISIONS
Section 1. Indemnification
Council members shall be indemnified by the City to the full extent permitted by law against all claims, liabilities and expenses incurred as a result of an action by the Council, except in the instance of willful misconduct in the performance of duties as a councilmember or officer.

Section 2. Execution of Contracts
By a vote of three (3) Council members, the Council, except as otherwise provided in these rules, policies and procedures, may authorize the City Manager or designee, to enter into any contract, to execute any contract, or execute any instrument in the name of and on behalf of the City.

Section 3. Fiscal Year
The fiscal year of the City shall commence on the first day of July of each year and shall end on the last day of June of each year.

Section 4. Audit
The affairs and financial condition of the City shall be audited annually by a Certified Public Accountant selected by the Council, and a written report of such audit and the appropriate financial statements shall be submitted to the Council for consideration and approval. Additional audits may be authorized as may be considered necessary or desirable by the Council.

Packet Pg. 110 Attachment: City of Soledad City Council Rules & Procedures (2906 : Consider Preparation of City Council Rules and Procedures) P:\City Council Rules, Policies and Procedures: 11.03.10 Page 11 Section 5. Revision
The Council Rules, Policies and Procedures should be reviewed at least every two (2) years and revised as necessary.

Section 6. Amendment
These Rules, Policies and Procedures may be amended at any noticed regular or special meeting of the Council by majority of three (3) Council members. All proposed changes must be introduced at a regular meeting, and then acted upon at a subsequent regular meeting at least five days after introduction.

Section 7. Adoption
Adoption of the Rules, Policies and Procedures shall be by a majority of three (3) Board members, at any properly noticed meeting of the Board.

Section 8. Office
The principal office of this organization is located at Soledad City Hall, 248 Main Street, Soledad, California, 93960.

ARTICLE VI

POLICIES AND PROTOCOL RELATED TO CONDUCT
Section 1. Ceremonial Events
Requests for a City representative at ceremonial events will be handled by City staff. The Mayor will ordinarily serve as the designated City representative. If the Mayor is unavailable, the Mayor will recommend which Council Member should be asked to serve as a substitute.

Invitations received at City Hall are presumed to be for official City representation. Invitations addressed to Council Members and Commissioners at their homes are presumed to be for unofficial, personal consideration.

Section 2. Closed Session Confidentiality
Council Members and Commissioners may not disclose confidential information, as defined in Government Code Section 54963, that has been acquired by being present in a closed session authorized by Government Code Sections 54956.7, 54956.8, 54956.86, 54956.87, 54956.9,54957, 54957.6, 54957.8, or 54957.10 to a person not entitled to receive it, unless the City Council specifically authorizes disclosure of that confidential information. Any councilmember making an unauthorized release of such information shall be subject to the provisions and sanctions as provided in Government Code Section 54963.

Packet Pg. 111 Attachment: City of Soledad City Council Rules & Procedures (2906 : Consider Preparation of City Council Rules and Procedures) P:\City Council Rules, Policies and Procedures: 11.03.10 Page 12 Section 3. Avoid Conflicts
In keeping with their role as stewards of the public interest, councilmembers shall not appear on behalf of the private interests of third parties before the Council or any board, commission or proceeding of the City.

Avoid even the appearance of conflict between public duties and personal interests and activities. If elected or appointed officials have personal or financial interests in matters coming before them, they shall disqualify themselves from making, participating in the making of, or seeking to influence any decision respecting such matter.

Because of the value of the independent advice of boards, commissions, and other advisory bodies to the public decision-making process, members of Council and all appointed officials shall refrain from using their positions to advocate for or to unduly influence the deliberations or outcomes of official proceedings of boards, commissions, and other advisory bodies.

Section 4. Confidential Information
Councilmembers shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose confidential information without property legal authorization, nor use such information to advance their personal, financial or other private interest.

Section 5. Use of Public Resources
Councilmembers shall not use public resources not available to the public in general, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.

ARTICLE VII

COUNCIL CONDUCT
Section 1. General
The Council is composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and future of the community. In all cases, this common goal should be acknowledged even as councilmembers may “agree to disagree” on contentious issues.

Packet Pg. 112 Attachment: City of Soledad City Council Rules & Procedures (2906 : Consider Preparation of City Council Rules and Procedures) P:\City Council Rules, Policies and Procedures: 11.03.10 Page 13 Section 2. In Public Meetings
(A) Practice civility and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. This does not allow, however, councilmembers to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. No shouting or physical actions that could be construed as threatening will be tolerated.
(B) Honor the role of the Chair in maintaining order. It is the responsibility of the Chair to keep the comments of councilmembers on track during their public meetings.

Councilmembers should honor efforts by the Chair to focus discussion on current agenda items.

If there is disagreement about the agenda or the Chair’s action, those objections should be voiced politely and with reason, following procedures outlined in parliamentary procedure. (C) Avoid personal comments that could offend other councilmembers. If a councilmember is personally offended by the remarks of another councilmember, the offended councilmember should make notes of the actual words used and call for a “point of personal privilege” that challenges the other councilmember to justify or apologize for the language used.

The Chair will maintain control of this discussion.
(D) Demonstrate effective problem-solving approaches. Councilmembers have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. (E) Refrain from passing written notes during Council meetings. Councilmembers should refrain from passing written notes to one another, the City Manager or City Attorney during Council meetings. All councilmember communications during Council meetings should be made aloud.
(F) Avoid engaging in gossip. Councilmembers should avoid engaging in gossip among or about other councilmembers, staff members or members of the community.

Section 3. In Private Encounters
(A) Continue respectful behavior in private. The same level of respect and consideration of differing points of view that is deemed appropriate for public discussions should be maintained in private conversations.
(B) Be aware of the insecurity of written notes, voicemail messages, and e-mail.

Technology allows words written or said without much forethought to be distributed wide and far. All written notes, voicemail messages and e-mail should be treated as potentially “public” communication.

Packet Pg. 113 Attachment: City of Soledad City Council Rules & Procedures (2906 : Consider Preparation of City Council Rules and Procedures) P:\City Council Rules, Policies and Procedures: 11.03.10 Page 14 (C) Even private conversations can have a public presence. City officials are always on display – people around them they may not know will monitor their actions, mannerisms, and language.

ARTICLE VIII

COUNCIL CONDUCT WITH CITY STAFF
Section 1. General. Governance of a City relies upon the cooperative efforts of elected officials who set policy and City staff who implement and administer the Council’s policies, ordinances and other applicable laws and regulations. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community.
(A) Treat all staff as professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable.
(B) Positive Workplace Environment. Councilmembers shall support the maintenance of a positive and constructive workplace environment for City employees and for residents and businesses dealing with the City. Councilmembers shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to staff.
(C) Limit contact to specific City staff. Questions of City staff and/or requests for additional background information should be directed only to the City Manager, City Attorney, or Department Heads. The Office of the City Manager should be copied on any request, except those to the City Attorney. Requests for follow-up or directions to staff should be made only through the City Manager or the City Attorney when appropriate. When in doubt about what staff contact is appropriate, councilmembers should ask the City Manager for direction.

Materials supplied to a councilmember in response to a request will be made available to all members of the Council so that all have equal access to information. (D) Do not disrupt City staff work. Councilmembers should be respectful of staff’s time and workload by always making an appointment for any discussion or meetings longer than a half hour (30) minutes. Councilmembers must remain mindful of the fact that staff must tend to the day to day business of the city. City staff should not be disturbed while in meeting, on the phone, or engrossed in performing their job functions, in order to meet a councilmember’s individual needs.
(E) Never publicly criticize an individual employee. Councilmembers should never express concerns about the performance of a City employee in public or to the employee directly.

Comments about staff performance should only be made to the City Manager through private correspondence or conversation.

Packet Pg. 114 Attachment: City of Soledad City Council Rules & Procedures (2906 : Consider Preparation of City Council Rules and Procedures) P:\City Council Rules, Policies and Procedures: 11.03.10 Page 15 (F) Do not get involved in administrative functions. Councilmembers must not attempt to influence City staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits. (G) Check with City staff on correspondence before taking action. Before sending correspondence, councilmembers should check with City staff to see if an official City response has already been sent or is in progress.
(H) Do not solicit political support from staff. Councilmembers should not solicit any type of political support (financial contributions, display of posters, political buttons or lawn signs, name on support list, etc.) from City staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace and never in their official capacity as a city employee.

ARTICLE IX

COUNCIL CONDUCT WITH THE PUBLIC
Section 1. In Public Meetings. Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual councilmembers toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony. (A) In order to achieve these goals, councilmembers should:
(1) Be welcoming to speakers and treat them with care and gentleness. (2) Be fair and equitable in allocating public hearing time to individual speakers.
(3) Engage in active listening.
(4) Ask for clarification, but avoid debate and argument with the public. (5) No personal attacks of any kind, under any circumstances. Follow parliamentary procedure in conducting public meetings. The City Attorney serves as advisory parliamentarian for the City and is available to answer questions or interpret situations according to parliamentary procedures. The Chair, subject to the appeal of the full Council, makes final rulings on parliamentary procedure.

Section 2. In Unofficial Settings.
(A) Make no promises on behalf of Council. Councilmembers will frequently be asked to explain an action they have taken or to give their opinion about an issue as they meet Packet Pg. 115 Attachment: City of Soledad City Council Rules & Procedures (2906 : Consider Preparation of City Council Rules and Procedures) P:\City Council Rules, Policies and Procedures: 11.03.10 Page 16 and talk with constituents in the community. It is appropriate to give a brief overview of City policy and to refer to City staff for further information. It is inappropriate to overtly or implicitly promise Council or action, or to promise City staff will do something specific. (B) Make no personal comments about other councilmembers. It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other councilmembers, their opinions or actions.
(C) Remember that Soledad is a small city. The community is constantly observing councilmembers every day that they serve in office. Their behaviors and comments serve as models for proper deportment in the City of Soledad. Honesty and respect for the dignity of each individual should be reflected in every word and action taken by councilmembers, 24 hours a day, seven days a week. It is a serious and continuous responsibility.

ARTICLE X

COUNCIL CONDUCT WITH OTHER PUBLIC AGENCIES
Section 1. Be clear about representing the City or personal interests. If a councilmember appears before another governmental agency or organization to give a statement on an issue, the councilmember must clearly state: 1) if his or her statement reflects personal opinion or is the official stance of the City; and 2) whether this is the majority or minority opinion of his or her respective Council.

If the councilmember is representing the City, the councilmember must support and advocate the official City position on an issue, not a personal viewpoint. If the councilmember is representing another organization whose position is different from the City, the councilmember should withdraw from voting on the issue if it significantly impacts or is detrimental to the City’s interest. Councilmembers should be clear about which organizations they represent and inform the Mayor and Council of their involvement.

Section 2. Correspondence should be equally clear about representation. City letterhead may be used when the councilmember is representing the City and the City’s official position. A copy of official correspondence should be circulated and retained as part of the permanent public record in the City Clerk’s office.

City letterhead is not to be used for correspondence of councilmembers representing a personal point of view, or a dissenting point of view from an official Council position.

Packet Pg. 116 Attachment: City of Soledad City Council Rules & Procedures (2906 : Consider Preparation of City Council Rules and Procedures) P:\City Council Rules, Policies and Procedures: 11.03.10 Page 17

ARTICLE XI

COUNCIL CONDUCT WITH COMMISSIONS
Section 1. General. Citizens who serve on Commissions become more involved in government and serve as advisors to the City Council or as independent bodies. They are a valuable resource to the City’s leadership and should be treated with appreciation and respect. (A) If attending a Commission meeting, be careful to only express personal opinions.

Councilmembers may attend any Commission meeting, which are always open to any member of the public; however, they should be sensitive that their participation – especially if it is on behalf of an individual, business or developer – could be viewed as unfairly affecting the process. Any public comments by a councilmember at a Commission meeting should be clearly made as individual opinion and not a representation of the feelings of the entire City Council. Any councilmember may appeal a Commission decision to the City Council as provided by law. A councilmember who makes such appeal may not participate in the decision-making process as a member of the Council hearing the appeal.
(B) Limit contact with Commission members to questions of clarification. It is inappropriate for a councilmember to contact a Commission member to lobby on behalf of an individual, business, or developer. It is acceptable for councilmembers to contact Commission members in order to clarify a position taken by the Commission. (C) Remember that Commissions serve the community, not individual councilmembers. The Mayor appoints, with City Council approval, individuals to serve on Commissions and it is the responsibility of Commissions to follow policy established by the Council. Commission members do not report to individual councilmembers, nor should councilmembers feel they have the power or right to threaten Commission members with removal if they disagree about an issue. Appointment and re-appointment to a Commission should be based on such criteria as expertise, ability to work with staff and the public, and commitment to fulfilling official duties. A Commission appointment should not be used as a political “reward.”
(D) Be respectful of diverse opinions. A primary role of Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Councilmembers may have a closer working relationship with some individuals serving on Commissions, but must be fair and respectful of all citizens serving on Commissions.
(E) Keep political support away from public forums. Commission members may offer political support to a councilmember, but not in a public forum while conducting official duties. Conversely, councilmembers may support commission members who are running for office, but not in an official forum in their capacity as a councilmember.

Packet Pg. 117 Attachment: City of Soledad City Council Rules & Procedures (2906 : Consider Preparation of City Council Rules and Procedures) P:\City Council Rules, Policies and Procedures: 11.03.10 Page 18 (F) Inappropriate behavior can lead to removal. Inappropriate behavior by a commission member should be noted to the Mayor, and the Mayor should counsel the offending member. If inappropriate behavior continues, the Mayor should bring the situation to the attention of the Council and the individual is subject to removal from the Commission.

ARTICLE XII

COUNCIL CONDUCT WITH THE MEDIA
Section 1. General. Councilmembers are frequently contacted by the media for background and quotes.
(A) The best advice for dealing with the media is to never go “off the record.” Most members of the media represent the highest levels of journalistic integrity and ethics, and can be trusted to keep their word. But one bad experience can be catastrophic. Words that are not said cannot be quoted.
(B) The Mayor is the official spokesperson for the Council on City policy. The Mayor is the designated representative of the Council to present and speak on the official City position. If the media contacts an individual councilmember, the councilmember should be clear about whether their comments represent the official City position or a personal viewpoint. (C) Choose words carefully and cautiously. Comments taken out of context can cause problems. Be especially cautious about humor, sardonic asides, sarcasm, or word play. It is never appropriate to use personal slurs or swear words when talking with the media.

ARTICLE XIII

SANCTIONS
Section 1. Public Disruption. Members of the public who do not follow proper conduct after a warning in a public hearing may be barred from further testimony at that meeting or removed from the Council Chambers or Commission meeting room.

Section 2. Inappropriate Staff Behavior. Councilmembers should refer to the City Manager any City staff member that does not follow proper conduct in their dealings with Council Members, Commissioners or other City staff, or the public. If the City Manager finds that these allegations are substantiated, these employees may be disciplined in accordance with standard City procedures for such actions.

If violation of this Code of Conduct is outside of the observed behaviors by the Mayor or councilmembers, the alleged violation should be referred to the Mayor. The Mayor should ask the City Manager and/or the City Attorney to investigate the allegation and report the findings to the Mayor. It is the Mayor’s responsibility to take the next appropriate action. These actions can Packet Pg. 118 Attachment: City of Soledad City Council Rules & Procedures (2906 : Consider Preparation of City Council Rules and Procedures) P:\City Council Rules, Policies and Procedures: 11.03.10 Page 19 include, but are not limited to: discussion and counseling with the individual, recommending sanction to the full Council to consider in a public meeting, and forming a Council ad hoc subcommittee to review the allegation, the investigation and findings, as well as to recommend sanction options for Council consideration. Videotaping of the complaint hearing should be used for a Council ad hoc subcommittee.

Section 3. Councilmembers’ Behavior and Conduct. City councilmembers who intentionally and repeatedly do not follow proper conduct may be reprimanded or formally censured by the Council, lose committee assignments (both within the City of Soledad or with inter-governmental agencies) or have official travel restricted. Serious infractions of this Code of Conduct could lead to other sanctions as deemed appropriate by Council.

Councilmembers should point out to the offending councilmember any infractions of the Code of Ethics or Code of Conduct. If the offenses continue, then the matter should be referred to the Mayor in private. If the Mayor is the individual whose actions are being challenged, then the matter should be referred to the Mayor Pro Tempore.

It is the responsibility of the Mayor to initiate action if a councilmember’s behavior may warrant sanction. If the Mayor takes no action, the alleged violation(s) can be brought up with the full Council in a public meeting.

ARTICLE XIV

CHECKLIST FOR MONITORING CONDUCT

1. Will my decision / statement / action violate the trust, rights or good will of others?

2. What are my motives and the spirit behind my actions?

3. If I have to justify my conduct in public tomorrow, will I do so with pride or shame?

4. How would my conduct be evaluated by people whose integrity and character I respect?

5. Even if my conduct is not illegal or unethical, is it done at someone else’s expense? Will I destroy their trust in me? Will it harm their reputation?

6. Is my conduct fair? Just? Morally right?

7. If I were on the receiving end of my conduct, would I approve and agree, or would I take offense?

8. Does my conduct give others reason to trust or distrust me? Packet Pg. 119 Attachment: City of Soledad City Council Rules & Procedures (2906 : Consider Preparation of City Council Rules and Procedures) P:\City Council Rules, Policies and Procedures: 11.03.10 Page 20

9. Am I willing to take an ethical stand when it is called for? Am I willing to make my ethical beliefs public in a way that makes it clear what I stand for?

10. Do I exhibit the same conduct in my private life as I do in my public life?

11. Can I take legitimate pride in the way I conduct myself and the example I set?

12. Do I listen and understand the views of others?

13. Do I question and confront different points of view in a constructive manner?

14. Do I work to resolve differences and come to mutual agreement?

15. Do I support others and show respect for their ideas?

16. Will my conduct cause public embarrassment to someone else? Packet Pg. 120 Attachment: City of Soledad City Council Rules & Procedures (2906 : Consider Preparation of City Council Rules and Procedures) P:\City Council Rules, Policies and Procedures: 11.03.10 Page 21

GLOSSARY OF TERMS
Attitude The manner in which one shows one’s dispositions, opinions, and feelings Behavior External appearance or action; manner of behaving; carriage of oneself Civility Politeness, consideration, courtesy
Conduct The way one acts; personal behavior
Courtesy Politeness connected with kindness
Decorum Suitable; proper; good taste in behavior
Manners A way of acting; a style, method, or form; the way in which things are done
Point of order An interruption of a meeting to question whether rules or bylaws are being broken, such as the speaker has strayed from the motion currently under consideration
Point of personal
privilege A challenge to a speaker to defend or apologize for comments that a fellow councilmember considers offensive
Propriety Conforming to acceptable standards of behavior Protocol The courtesies that are established as proper and correct Respect The act of noticing with attention; holding in esteem; courteous regard Packet Pg. 121 Attachment: City of Soledad City Council Rules & Procedures (2906 : Consider Preparation of City Council Rules and Procedures) ATTACHMENT 3
Packet Pg. 122 Attachment: LAFCo Draft Code of Conduct & Rules of Decorum (2906 : Consider Preparation of City Council Rules and Procedures) Packet Pg. 123 Attachment: LAFCo Draft Code of Conduct & Rules of Decorum (2906 : Consider Preparation of City Council Rules and Procedures) Packet Pg. 124 Attachment: LAFCo Draft Code of Conduct & Rules of Decorum (2906 : Consider Preparation of City Council Rules and Procedures) Packet Pg. 125 Attachment: LAFCo Draft Code of Conduct & Rules of Decorum (2906 : Consider Preparation of City Council Rules and Procedures) Packet Pg. 126 Attachment: LAFCo Draft Code of Conduct & Rules of Decorum (2906 : Consider Preparation of City Council Rules and Procedures) Packet Pg. 127 Attachment: LAFCo Draft Code of Conduct & Rules of Decorum (2906 : Consider Preparation of City Council Rules and Procedures) Packet Pg. 128 Attachment: LAFCo Draft Code of Conduct & Rules of Decorum (2906 : Consider Preparation of City Council Rules and Procedures) Packet Pg. 129 Attachment: LAFCo Draft Code of Conduct & Rules of Decorum (2906 : Consider Preparation of City Council Rules and Procedures)

Gonzales City CouncilFebruary 5, 2024

Gonzales City Council
February 5, 2024