Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall located at 147 Fourth Street, Gonzales, California, during normal business hours.
A G E N D A
JOINT MEETING OF THE
GONZALES CITY COUNCIL AND
GONZALES SUCCESSOR AGENCY
CITY COUNCIL CHAMBERS – 117 FOURTH STREET
GONZALES, CA 93926
MONDAY, JULY 22, 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. Introduction of New Youth Commissioners for FY 2024-2025
3. Introduction of Public Works Summer Intern
4. Salinas Valley Health Chief Executive Officer Introduction
BUSINESS FROM THE PUBLIC
5. Business from the Public not on the Agenda; any member of the Public may address the Council/Agency for a period not to exceed three minutes on any subject not on the Agenda. The Council/Agency will listen to all communications but may take no action. *
Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall located at 147 Fourth Street, Gonzales, California, during normal business hours.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered routine by the City Council and will be adopted by one action of the Council unless any Council Member has a question or wishes to make a statement or discuss an item. In that event, the Mayor will remove the item from the Consent Calendar for separate consideration.
6. Approve the Joint City Council and Successor Agency - Budget Meeting - June 17, 2024 Minutes
7. Approve the Joint City Council and Successor Agency - Regular Meeting - June 17, 2024 Minutes
8. Approve City Accounts Payable Warrants #50396-50535
9. City Manager’s Report
10. Community Development Department Activity Report
11. Community Engagement & Recreation Departments Activity Report
12. Fire Department Activity Report
13. Police Department Activity Report
14. Public Works/City Engineer Department Activity Report
15. Consider Approval and Authorize the City Manager to Sign an Agreement Between the City of Gonzales and C4 Consulting for Rendering Services That Support Youth Leadership Development
16. Consider Approval of a Consulting Services Agreement Between the City of Gonzales and Armanasco Public Relations, Inc. Dated July 23, 2024Tthrough June 30, 2026 for an Amount not to Exceed $60,000 per Fiscal Year, for a Total Contract Amount of $120,000; and Authorize the City Manager to Sign it
17. Consider Approval of Resolution No. 2024-51, A Resolution of the City Council of the City of Gonzales Approving a Telecommunication Easement Agreement Between the City of Gonzales and TPA VI, LLC, Concerning the Acquisition of Lease Agreements with Verizon and T-Mobile for Cellular Tower Sites on the City Water Tower at 700 5th Street
REGULAR AGENDA
18. Consider Approval of 1) Resolution No. 2024-40, A Resolution of the City Council of the City of Gonzales Conducting a Public Hearing, Considering All Assessment District Protests, Approving the Engineer’s Report, and Confirming the Levy of the California Breeze Benefit Assessment District NOS. 1, 2 and 3 for the Fiscal Year 2024-2025; and 2) Resolution No. 2024-41, A Resolution of the City Council of the City of Gonzales Conducting a Public Hearing, Considering All Assessment District Protests, Approving the Engineer’s Report, and Confirming the Levy of the California Breeze Parks and Open Space Assessment Districts NOS. 1, 2, and 3 for Fiscal Year 2024-2025 a) Staff Report
b) Public Hearing
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Resolution No. 2024-40 and Resolution No. 2024-41
19. Community Center Complex Project Progress Report and Task Order No. 2 with Harris & Associates a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Receive progress report on construction of Phase 1 of the Community Center Complex Project, and Authorize Execution of Task Order No. 2 with Harris Associates for Construction Management Services during FY 2024-2025 for the Community Center Complex Project in the Amount of $517,633 *
*
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.
20. Public Hearing to Consider Approval of Resolution No. 2024-42, A Resolution of the City Council of the City of Gonzales Approving and Accepting the Gonzales Police Department’s AB 481 Fiscal Year 2023-2024 Annual Military Equipment Report Pursuant to Government Code Section 7071(d), and Renewing City of Gonzales Ordinance No. 2022-131 “Approving Gonzales Police Department Policy Manual Policy 709-Military Equipment”
a) Staff Report
b) Public Hearing
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Resolution No. 2024-42
21. Public Hearing to Consider Approval of Resolution No. 2024-43, A Resolution of the City Council of the City of Gonzales Confirming Diagrams and Assessments and Levying Annual Assessments Pursuant to the Benefit Assessment Act of 1982 for Fiscal Year 2024-2025 - California Breeze Benefit Assessment District Nos. 1, 2 and 3; and Resolution No. 2024-44, A Resolution of the City Council of the City of Gonzales Confirming Diagram and Assessments and Levying Annual Assessments Pursuant to the Landscaping and Lighting Act of 1972 for Fiscal Year 2024-2025 - California Breeze Parks and Open Spaces Maintenance Assessment District a) Staff Report
b) Public Hearing
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Resolution No. 2024-43 and Resolution No. 2024-44
22. Public Hearing to Consider Approval of Resolution No. 2024-45, A Resolution of the City Council of the City of Gonzales Confirming Diagrams and Assessments and Levying Annual Assessments Pursuant to the Benefit Assessment Act of 1982 for Fiscal Year 2024-2025 - Canyon Creek Benefit Assessment District Nos. 1, 2 and 3; and Resolution No. 2024-46, A Resolution of the City Council of the City of Gonzales Confirming Diagrams and Assessments and Levying Annual Assessments Pursuant to the Landscaping and Lighting Act of 1972 for Fiscal Year 2024-2025 - Canyon Creek Parks and Open Spaces Maintenance Assessment District Nos. 1, 2 and 3 a) Staff Report
b) Public Hearing
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Resolution No. 2024-45 and Resolution No. 2024-46
23. Public Hearing to Consider Approval of Resolution No. 2024-47, A Resolution of the City Council of the City of Gonzales Confirming Diagrams and Assessments and Levying Annual Assessments Pursuant to the Benefit Assessment Act of 1982 for Fiscal Year 2024-2025 - Gonzales Industrial Park Benefit Assessment District; and Resolution No. 2024-48, A Resolution of the City Council of the City of Gonzales Confirming Diagram and Assessments and Levying Annual Assessments Pursuant to the Landscaping and Lighting Act of 1972 for Fiscal Year 2024-2025 - Gonzales Industrial Park Landscape Maintenance Assessment District a) Staff Report
b) Public Hearing
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Resolution No. 2024-47 and Resolution No. 2024-48 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.
24. Public Hearing to Consider Approval of Resolution No. 2024-49, A Resolution of the City Council of the City of Gonzales Confirming Diagram and Assessments and Levying Annual Assessments Pursuant to the Benefit Assessment Act of 1982 for Fiscal Year 2024-2025 - Cipriani Estates Benefit Assessment District; and Resolution No. 2024-50, A Resolution of the City Council of the City of Gonzales Confirming Diagram and Assessments and Levying Annual Assessments Pursuant to the Landscaping and Lighting Act of 1972 for Fiscal Year 2024-2025 - Cipriani Estates Parks and Open Spaces Maintenance Assessment District
a) Staff Report
b) Public Hearing
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Resolution No. 2024-49 and Resolution No. 2024-50
BUSINESS FROM CITY COUNCIL
25. City Council Board/Committee Reports
a. League of California Cities Monterey Bay Division
b. Association of Monterey Bay Area Governments
c. Monterey Salinas Transit
26. Oral Communications
BUSINESS FROM CITY MANAGER
27. Oral Communications
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.
28. The City Council will recess to closed session to consider personnel matters pursuant to Government Code Section 54957(B)(1) - City Manager Evaluation.
ADJOURNMENT
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (831) 675-5000. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (CFR 35.102-
35.104 ADA Title II). This is a public meeting and as such, can be seen live by people present or online and is being recorded; therefore; anything you say or do here is public information. The recordings are available online.
MINUTES
JOINT GONZALES CITY COUNCIL
AND
GONZALES SUCCESSOR AGENCY
BUDGET MEETING
MONDAY, JUNE 17, 2024
5:30 P.M.
CALL TO ORDER
The meeting was called to order at 5:30 PM by Mayor Jose L. Rios.
PLEDGE OF ALLEGIANCE
The flag salute was recited by all present.
1. ROLL CALL
Attendee Name Title Status
Jose L. Rios Mayor/Chair Present
Scott Funk Mayor Pro Tem/Vice Chair Excused
Liz Silva Council/Agency Member Present
Lorraine Worthy Council/Agency Member Present
Maria Orozco Council/Agency Member Present
STAFF PRESENT
City Manager Carmen Gil, City Attorney Michael F. Rodriquez, Community Development Director Taven Kinson Brown, Finance Director Mike Howard, Executive Assistant to the City Manager/Deputy City Clerk Mary Villegas, Administrative Assistant II Esthela Palmerin, Public Works Director/City Engineer Patrick Dobbins, Fire Chief Jason Muscio, and Police Chief Keith Wise. * Successor Agency Item
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Minutes Acceptance: Minutes of Jun 17, 2024 5:30 PM (CONSENT AGENDA) AGENDA
ITEM
6
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]
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.
Henry Martinez Sr. felt it was a waste of money to buy a drone and that officers were breaking the rules when flying it when it’s windy; and he wanted to see the log when it was flown for the last six months.
CONSENT AGENDA
3. Consider Approval of Resolution No. 2024-37, A Resolution of the City Council of the City of Gonzales Establishing the Appropriations Subject to Limit for the City of Gonzales for the 2024- 2025 Fiscal Year
4. Consider Approval of Resolution No. 2024-38, A Resolution of the City Council of the City of Gonzales Certifying Compliance with State Law with Respect to the Levying of General and Special Taxes, Assessments, and Property Related Fees and Charges RESULT: APPROVED [UNANIMOUS]
MOVER: Liz Silva, Council Member
SECONDER: Maria Orozco, Council Member
AYES: Jose L. Rios, Liz Silva, Lorraine Worthy, Maria Orozco EXCUSED: Scott Funk
REGULAR AGENDA
5. Consider Approval of 1) Resolution No. 2024-36, A Resolution of the City Council of the City of Gonzales Adopting an Operating Budget for the City for the Fiscal Year July 1, 2024 through June 30, 2025 and providing for the Appropriations and Expenditures of All Sums Set Forth Therein, and 2) Resolution No. SA-2024-02, A Resolution of the City Council of the City of Gonzales Acting as Successor Agency for the Gonzales Redevelopment Agency Approving and Adopting a Successor Agency Budget for the Period Between July 1, 2024 and June 30, 2025 Staff Report: City Manager Gil and Finance Director Howard presented the Budget via powerpoint presentation.
Public Comment: Henry Martinez Sr. suggested tightening the belts on the Police Department's conferences and to use zoom instead; and also pay freezes for all staff and to find someone else to do the job for less if they don’t like it.
*
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Minutes Acceptance: Minutes of Jun 17, 2024 5:30 PM (CONSENT AGENDA)
RESULT: APPROVED [UNANIMOUS] Resolution No. 2024-36 and Resolution No.
SA-2024-02
MOVER: Liz Silva, Council Member
SECONDER: Lorraine Worthy, Council Member
AYES: Jose L. Rios, Liz Silva, Lorraine Worthy, Maria Orozco EXCUSED: Scott Funk
ADJOURNMENT
The budget meeting was adjourned at 6:38 PM.
ATTEST:
Mary Villegas, Deputy City Clerk
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Minutes Acceptance: Minutes of Jun 17, 2024 5:30 PM (CONSENT AGENDA)
MINUTES
JOINT MEETING OF THE
GONZALES CITY COUNCIL AND
GONZALES SUCCESSOR AGENCY
MONDAY, JUNE 17, 2024
6:00 P.M.
CALL TO ORDER
The meeting was called to order at 6:40 PM by Mayor Jose L. Rios.
PLEDGE OF ALLEGIANCE
The flag salute was recited by all present.
1. ROLL CALL
Attendee Name Title Status
Jose L. Rios Mayor Present
Scott Funk Mayor Pro Tem Excused
Liz Silva Council Member Present
Lorraine Worthy Council Member Present
Maria Orozco Council Member Present
STAFF PRESENT
City Manager Carmen Gil, City Attorney Michael F. Rodriquez, Community Development Director Taven Kinson Brown, Finance Director Mike Howard, Executive Assistant to the City Manager/Deputy City Clerk Mary Villegas, Administrative Assistant II Esthela Palmerin, Public Works Director/City Engineer Patrick Dobbins, Fire Chief Jason Muscio, and Police Chief Keith Wise. * Successor Agency Item
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Minutes Acceptance: Minutes of Jun 17, 2024 6:00 PM (CONSENT AGENDA) AGENDA
ITEM
7
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. Gonzales Little League Sportsmanship Recognitions
Deputy City Clerk Villegas read the certificates and Mayor Rios presented them to the players.
3. Gonzales Youth Council End of the Year Capstone
Youth Commissioners Luke Naegle and Aliyah Castillo, and Youth Ambassador Lizbeth De Leon Santos presented the end of the year capstone. They explained the purpose; introduced the Youth Commissioners, Ambassadors and Youth Council Members; went over the projects: Mental Health, Drug Prevention, Community Center, Groundbreaking, Mental Survey, Tenants Rights, Media Coverage, and Youth Summit.
BUSINESS FROM THE PUBLIC
4. Business from the Public not on the Agenda; any member of the Public may address the Council for a period not to exceed three minutes on any subject not on the Agenda. The Council will listen to all communications, but may take no action.
Henry Martinez Sr., 112 Tenth Street, commented about the tenants rights, people calling him a cop hater, and praising one of the cops for playing football with the kids on the street.
Henry Martinez Jr. (via Henry Martinez Sr.'s telephone), told the City they couldn't record with the drone and he will file charges against the officer who flies the drone and will hold him accountable. He said he didn't allow them to record any of his properties or family members.
CONSENT AGENDA
5. Approve the Joint City Council and Successor Agency - Regular Meeting - June 3, 2024 Minutes
6. Approve City Accounts Payable Warrants #50342-50395
7. City Manager’s Report
8. Community Development Department Activity Report
9. Community Engagement & Recreation Departments Activity Report
10. Fire Department Activity Report
11. Police Department Activity Report
*
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Minutes Acceptance: Minutes of Jun 17, 2024 6:00 PM (CONSENT AGENDA)
12. Public Works/City Engineer Department Activity Report
13. Consider Updated City Encroachment Permit Application
14. Authorize Execution of a Non-Exclusive Master Services Agreement Between the City of Gonzales and Dudek Consulting for Wastwater Design Services, and Approve Execution of Task Order 1 for Design Support Services During the Bid/Award Phase of the Industrial Wastewater System in the Amount of $219,529
15. Consider Approval of Resolution No. 2024-34, A Resolution of the City Council of the City of Gonzales Accepting the City Hall & Police Department Generator Replacement Project as Complete, Authorizing Staff to Record a Notice of Completion with the County Recorder and Release Retention Monies held by the City to the Contractor
16. Consider Approval of Resolution No. 2024-35, A Resolution of the City Council of the City of Gonzales Stating Its Intention and Expectation to Reimburse Expenditures Incurred by the City in the Planning, Design and Construction of the Separate Industrial Wastewater System Prior to Obligations Approved by the State Water Resources Control Board
17. Consider Approval of Resolution No. 2024-39, A Resolution of the City Council of the City of Gonzales Calling and Providing for a General Municipal Election to be Held in the City of Gonzales on November 5, 2024, Making Determinations Required by Section 13307 of the Elections Code With Respect to Candidates’ Statements, Requesting the Monterey County Elections Department to Conduct and Consolidate the Election With the Statewide General Election, and Authorizing the City Manager to Enter into an Agreement with the Monterey County Registrar of Voters for Related Election Services Mayor Rios pulled Item 14 for further clarification. He said he was under the impression that they had done all the engineering and all they needed to do was go to construction.
Public Works Director Dobbins informed this was for the bid and award phase so staff was compiling the bid documents now.
Mayor Rios thanked him for the clarification.
RESULT: APPROVED [UNANIMOUS] Consent Agenda Items
MOVER: Lorraine Worthy, Council Member
SECONDER: Maria Orozco, Council Member
AYES: Jose L. Rios, Liz Silva, Lorraine Worthy, Maria Orozco EXCUSED: Scott Funk
REGULAR AGENDA
18. Salinas Valley Safe Routes to School Plan and Participatory Budget Process Staff Report: Public Works Director Dobbins presented the staff report.
Aaron Hernandez, TAMC Planner, explained what a participatory budget was, forming the steering committee, election results, funding and implementation timeline.
Lorraine Ramirez, Safe Routes to School Steering Committee Member, presented the committee’s recommendation. She asked for the Council’s support in approving the most voted projects by the community, prioritizing project 2 first, pedestrian improvements on Fifth Street and Highway 101 on and off ramps; and approving project 1, pedestrian improvements on Rincon Road and Fifth Street. She explained the benefits of the projects.
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Minutes Acceptance: Minutes of Jun 17, 2024 6:00 PM (CONSENT AGENDA)
Guillermina Flores, Safe Routes to School Steering Committee Member, presented the committee’s recommendation in Spanish.
Public Comment: Henry Martinez Sr. commented about the need of visible kids crossing signs and more patrol officers.
Enaida Flores, Jose Najera, Maria Flores, and Virgilia Flores, Safe Routes to School Steering Committee Members, presented their comments in Spanish. They asked for the Council’s support on projects 1 and 2 for safer streets in the community.
City Manager Gil translated for them.
Lisa Gonzalez, Safe Routes to School Steering Committee Member, spoke in support of the two projects.
Council Discussion: It was the Council’s consensus to move forward with the two recommendations.
The Council received the presentation. No action required.
BUSINESS FROM CITY COUNCIL
19. City Council Board/Committee Reports
a. League of California Cities Monterey Bay Division
No report.
b. Association of Monterey Bay Area Governments
No report.
c. Monterey Salinas Transit
Council Member Worthy reported on the new Chair and she'll be the Vice Chair. She reported on the bus purchase, capital budget, surf project, and shared with the Council information on the Measure Q polling, parcel tax.
20. Oral Communications
Council Member Orozco congratulated all the graduates and elaborated on the High School graduation. She announced the 4th of July festivities and that Rotary members have tickets for the famous barbecue ribs.
Council Member Silva announced the adult aqua fitness class going on at the pool Monday through Friday from 3pm - 6pm; community cleanup day at Fairview at 9am; and Rodeo July 17th- 21st; and she praised our law enforcement for assisting other agencies with the incident that started in San Luis Obispo County and ended in our town, but they were able to apprehend the suspects through the use of the drone, and thanked them for keeping the community safe.
Council Member Worthy echoed Council Member Silva's comment on the drone. She also said there was misinformation on the drone. She asked if it was possible to get a copy of the budget presentation which she found very informative. She thanked the American Legion for the flag disposal ceremony and thanked everyone for attending especially the football team for their help.
She asked everyone to be careful this 4
th of July and be respectful of their neighbors, pets and people with health issues.
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Minutes Acceptance: Minutes of Jun 17, 2024 6:00 PM (CONSENT AGENDA)
Mayor Rios mentioned there were flyers in English and Spanish with more information about the fireworks going out to every household hoping people understand the issues. He said the graduation was such a great event. He asked staff why plan checking takes so long to review a set of plans even sometimes with minor things. He said he has heard from at least four people.
City Manager Gil asked him if there were specific ones he could point out so staff could look at the timeline. She said 4Leaf Consultants were the plan checkers and they were very thorough. She asked him to give staff the names so they could check the timeline.
BUSINESS FROM CITY MANAGER
21. Oral Communications
City Manager Gil thanked our Police Department, Sheriff's Office, and everyone who stepped in to help with the incident last Wednesday to keep our community safe. She announced the cleanup day on June 29th at Fairview from 8:00am-1:00pm; 4th of July parade and 5k run. She reminded everyone to stay safe and to not use illegal fireworks. She indicated that staff was putting out as much information as possible about illegal fireworks, which were not allowed in town and anyone who gets caught will be cited and prosecuted. She announced the First Time Homebuyers/Financial Literacy Workshop in partnership with United Way on Saturday from 9:00am-12:00pm and staff will be sharing information on the Vista Lucia project.
City Attorney Rodriquez informed that the Police Department and Fire Department plan to work in partnership on the 4th of July with the drones to observe illegal activity and identify where it’s taking place and also for purposes in fire suppression dispensing and sending fire and police personnel to areas where illegal fireworks are going off. He said we are doing this the same manner that hundreds of other Police Departments throughout the State are doing and using drones for the same purpose. He said some of the public speakers have raised the issue of folks having expectation of privacy that has been violated by drone observation, which is true, there is a whole body of law that protects people from having unwarranted intrusions; however, there is a couple of exemptions to that, there is no expectation of privacy for illegal conduct for the use of illegal fireworks. He indicated there is an exemption in the law that has to do with the legitimate use of drones for police purposes, and the purpose here is to maintain, oversee, and prevent any danger to both property and life on the 4th of July to the illegal use of fireworks. He added that we feel very comfortable in having the Police and Fire Departments partner together to use the drone for those purposes and we don’t have to request permission from anybody to fly it to observe the illegal activity taking place.
Police Chief Wise added that we have a very thorough drone use policy, and we are well within the legal rights to use it. He said there was mention about wind speed earlier, but people get confused with wind velocity vs. wind speed and they should have a better understanding and learn about the safety concerns before talking. He said the policy was online and anyone can view it at any time
Public Works Director Dobbins reported the construction of Phase I of the Community Center started last Monday.
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Minutes Acceptance: Minutes of Jun 17, 2024 6:00 PM (CONSENT AGENDA)
ADJOURNMENT
RESULT: APPROVED [UNANIMOUS]
MOVER: Liz Silva, Council Member
SECONDER: Maria Orozco, Council Member
AYES: Jose L. Rios, Liz Silva, Lorraine Worthy, Maria Orozco The meeting was adjourned at 8:20 PM.
ATTEST:
Mary Villegas, Deputy City Clerk
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Minutes Acceptance: Minutes of Jun 17, 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: 4:22 pm
Date: 07/10/2024
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
50396 06/21/24 Printed 1922 A & G PUMPING, INC. Rental Charges 342.50 AGILE OCCUPATIONAL 45.00
MEDICINE PC
50397 06/21/24 Printed 4362 Pre-Employment
50398 06/21/24 Printed 444 AGRI-FRAME, INC Street Signs Posts 188.18 50399 06/21/24 Printed 4356 PETER AGUILAR JR. Adult Co-ed Softball Umpire 520.00 50400 06/21/24 Printed 108 AIRGAS Supplies 81.64
50401 06/21/24 Printed 4309 ALLTECH SERVICES, INC. Emergency Generator 7,861.25 ALVAREZ TECHNOLOGY 4,185.00
GROUP, INC.
50402 06/21/24 Printed 3893 IT Support
50403 06/21/24 Printed 3168 AUTOZONE INC. Vehicle Maint. 131.95 BANUELOS ENTERPRISES, 40.00
INC.
50404 06/21/24 Printed 1054 Mount & Balance Tire
CHALLENGER TEAMWEAR 1,701.56
LLC
50405 06/21/24 Printed 3984 Flag Football Jerseys
50406 06/21/24 Printed 4373 CORE & MAIN LP Meter Box 360.32 50407 06/21/24 Printed 1821 CSK AUTO, INC. Equip Maint & Repairs 183.83 CYPRESS COAST FORD 228.38
LINCOLN
50408 06/21/24 Printed 4063 Filters
50409 06/21/24 Printed 3028 D & J TIRE SERVICE Maint & Repairs - Fire 2,029.53 DE LAGE LANDEN PUBLIC 24,855.33
FINANCE
50410 06/21/24 Printed 2895 Solar Loan Pmt
50411 06/21/24 Printed 3348 EAST BAY TIRE CO Vehicle Maint. 2,102.01 EDGES ELECTRICAL GROUP 551.21
LLC
50412 06/21/24 Printed 3390 Maint.
50413 06/21/24 Printed 1771 EMPLOY AMERICA Janitorial Services 315.56 GONZALES ACE HARDWARE 456.31
INC.
50414 06/21/24 Printed 3274 Push Thr Adptr
50415 06/21/24 Printed 118 GONZALES RX PHARMACY Medical Supplies 22.70 GONZALES TIRE & AUTO 162.91
SUPPLY
50416 06/21/24 Printed 3477 Propane
GREEN VALLEY FARM 28.25
SUPPLY
50417 06/21/24 Printed 1319 Trash EZ Reacher
50418 06/21/24 Printed 3228 HARRIS & ASSOCIATES, INC. CA Breeze Rate Increase 46,815.38 HARTNELL COLLEGE 3,154.79
COMMUNITY
50419 06/21/24 Printed 1525 Hartnell Promice
50420 06/21/24 Printed 2215 HINDERLITER, DE LLAMAS & Sales Tax Audit Services 1,760.77 50421 06/21/24 Printed 3485 INFOSEND, INC. Utility Bills 1,342.94 50422 06/21/24 Printed 2686 DAVID & DONA LLOYD After Jrs Services 99.00 50423 06/21/24 Printed 72 MISSION UNIFORM SERVICE City Hall Matts 763.37 50424 06/21/24 Printed 3787 NEW SV MEDIA Public Notice 337.25 50425 06/21/24 Printed 4092 RAZZO LINK, INC. Internet 85.04 50426 06/21/24 Printed 4341 DAVID RIVERA Travel Expense - Adv Roadside Impaired 148.00 Driver Enforcement
SAFEGUARD BUSINESS 1,488.00
SYSTEMS
50427 06/21/24 Printed 568 23 Water Reports
SALINAS VALLEY SOLID 30,707.48
WASTE
50428 06/21/24 Printed 258 Admin Fees
50429 06/21/24 Printed 2685 SC FUELS Fuel - Acct 0045874 169.09 SCHAAF & WHEELER, 1,057.50
CONSULTING
50430 06/21/24 Printed 3894 Engineering Support
50431 06/21/24 Printed 2673 SPECTRUM Internet - #170001001 513.93 50432 06/21/24 Printed 27 TRI - CITIES DISPOSAL Tonage Fees 2,430.93 TRI-COUNTY FIRE 53.64
PROTECTION, IN
50433 06/21/24 Printed 142 Dry Chemical Maint.
50434 06/21/24 Printed 3718 TRINI'S PLUMBING Fire Dept 138.77 50435 06/21/24 Printed 2192 TYLER TECHNOLOGIES, INC. System Conversion 3,835.00 VAL'S PLUMBING & HEATING 390.57
INC.
50436 06/21/24 Printed 356 Maint & Repairs
50437 06/21/24 Printed 99 VOSTI'S, INC. Air Filter 1,773.21 50438 06/28/24 Printed 4343 4LEAF, INC. Plan Check Services 9,376.27 50439 06/28/24 Printed 108 AIRGAS Propane 131.99
50440 06/28/24 Printed 2 ALL - SAFE ALARMS Fire Alarm Maint. 150.00 ALVAREZ TECHNOLOGY 1,720.70
GROUP INC.
50441 06/28/24 Printed 2180 Computer Lease
Packet Pg. 14
Attachment: Warrants #50396-50535 (3043 : Approve City Accounts Payabe Warrants #50396-50535) AGENDA
ITEM
8 City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
RABOBANK Page: 2
Time: 4:22 pm
Date: 07/10/2024
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
ALVAREZ TECHNOLOGY 440.55
GROUP, INC.
50442 IT Support 06/28/24 Printed 3893
50443 Janitorial Supplies 06/28/24 Printed 137 AMERICAN SUPPLY CO. 615.20 50444 Phone Service 06/28/24 Printed 4117 AT&T 401.37
50445 CalNet Services 06/28/24 Printed 86 AT&T 1,272.76 50446 Bug Remover & Oil 06/28/24 Printed 3168 AUTOZONE INC. 131.95 50447 Pool Supplies 06/28/24 Printed 4260 BLACKTHORNE SPAS LLC 591.99 CAL-WEST LIGHTING AND 446.36
SIGNAL
50448 Monthly Maint. - May 2024 06/28/24 Printed 3838
CASNER EXTERMINATING, 330.00
INC.
50449 Pest Control 06/28/24 Printed 889
CENTRAL VALLEY 182.00
TOXICOLOGY, INC
50450 Drug Testing 06/28/24 Printed 3061
CODE PUBLISHING 318.50
COMPANY
50451 Municipal Code Web Update 06/28/24 Printed 2825
50452 Water System Parts 06/28/24 Printed 4373 CORE & MAIN LP 4,924.09 50453 Utility Bill Double Pmt - Refund 06/28/24 Printed 4796 FABIAN CORTEZ 369.00 50454 Maint & Repairs 06/28/24 Printed 1821 CSK AUTO, INC. 143.64 50455 Maint & Repairs 06/28/24 Printed 3028 D & J TIRE SERVICE 6,815.56 50456 Fingerprinting 06/28/24 Printed 1410 DEPARTMENT OF JUSTICE 774.00 50457 IW Pipeline Bid Docements 06/28/24 Printed 3752 DUDEK 5,002.50 50458 Janitorial Services and Carwash 06/28/24 Printed 1771 EMPLOY AMERICA 1,000.00 50459 Food 06/28/24 Printed 197 FARMERS FOOD MARKET 239.00 FERGUSON ENTERPRISES, 294.98
INC 1423
50460 Pool Supplies 06/28/24 Printed 593
GONZALES ACE HARDWARE 179.97
INC.
50461 Lock 06/28/24 Printed 3274
50462 Pipe 06/28/24 Printed 225 GONZALES IRRIGATION 4.55 GONZALES TIRE & AUTO 16.37
SUPPLY
50463 Pool Supplies 06/28/24 Printed 3477
50464 Copier Lease 06/28/24 Printed 4071 GREAT AMERICA FINANCIAL 1,629.72 GREEN VALLEY FARM 5,115.16
SUPPLY
50465 Safety Equipment 06/28/24 Printed 1319
50466 May 2024 Financial Services 06/28/24 Printed 1744 GREEN'S ACCOUNTING 11,969.60 50467 Property Tax Admin Services 06/28/24 Printed 3326 HDL COREN & CONE 1,250.70 HILL BROTHERS CHEMICAL 4,463.75
CO
50468 Chemicals 06/28/24 Printed 4120
50469 Property Tax Admin 06/28/24 Printed 2215 HINDERLITER, DE LLAMAS & 600.00 50470 Valve 06/28/24 Printed 1102 HYDRO TURF, INC 701.65 50471 Legal Services 06/28/24 Printed 2818 JARVIS FAY LLP. 13,100.50 50472 Pool Repair 06/28/24 Printed 4774 KNORR SYSTEMS INT'L LLC 194.71 LAW ENFORCEMENT 450.00
PSYCHOLOGICAL
50473 Officer Testing - Pre-Employment 06/28/24 Printed 1852 MAGGIORA BROTHERS 20,227.25
DRILLING,
50474 Well repair 06/28/24 Printed 251
50475 Void Check 06/28/24 Void 06/28/24 0.00
50476 PD Uniforms 06/28/24 Printed 72 MISSION UNIFORM SERVICE 1,729.19 50477 Void Check 06/28/24 Void 06/28/24 0.00
MONTEREY COUNTY HEALTH 20,320.10
DEPT.
50478 Permits 06/28/24 Printed 830
50479 Blood Alcohol Test 06/28/24 Printed 92 NATIVIDAD MEDICAL CENTER 31.00 50480 PG&E 06/28/24 Printed 91 P. G. & E. 13,532.59
PITNEY BOWES GLOBAL 2,000.00
FINANCIAL
50481 Postage Refill 06/28/24 Printed 93
50482 Bus. License Paper 06/28/24 Printed 56 PRINTING SYSTEMS 94.56 PUBLIC AGENCY 506.71
RETIREMENT
50483 Retirement Fees 06/28/24 Printed 3194
50484 Maint & Repairs 06/28/24 Printed 4424 REVENUE NOW INC. 564.80 50485 Safety Vests 06/28/24 Printed 4313 SAFETEQUIP, INC 359.64 SCHAAF & WHEELER, 5,155.00
CONSULTING
50486 Johnson Cyn Waterline design 06/28/24 Printed 3894 50487 irrigation replacement 06/28/24 Printed 2449 SMITH & ENRIGHT 7,249.25 50488 Boots - Pruneda 06/28/24 Printed 1857 SUMMIT UNIFORMS, LLC 200.00 Packet Pg. 15
Attachment: Warrants #50396-50535 (3043 : Approve City Accounts Payabe Warrants #50396-50535) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
RABOBANK Page: 3
Time: 4:22 pm
Date: 07/10/2024
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
50489 Phone Service 06/28/24 Printed 3670 T-MOBILE 981.30 50490 Hotspot # 1 06/28/24 Printed 3670 T-MOBILE 4,487.27 50491 Hotspot # 2 06/28/24 Printed 3670 T-MOBILE 2,199.00 THE SPCA OF MONTEREY 2,760.00
COUNTY
50492 SPCA Services 06/28/24 Printed 1890
TRANS UNION RISK AND 110.00
ALTERNATI
50493 TLO 06/28/24 Printed 3175
50494 June Trash Service 06/28/24 Printed 27 TRI - CITIES DISPOSAL 62,884.12 TRI-COUNTY FIRE 154.00
PROTECTION, IN
50495 Dry Chemical Maint. 06/28/24 Printed 142
50496 System Conversion 06/28/24 Printed 2192 TYLER TECHNOLOGIES, INC. 585.00 50497 4866-9110-0006-4009 KW 06/28/24 Printed 1112 US BANK 3,651.54 50498 Cell Phone Services - #742128049-00001 06/28/24 Printed 3471 VERIZON WIRELESS 304.08 50499 Maint & Repairs 06/28/24 Printed 99 VOSTI'S, INC. 2,247.91 WINZER FRANCHISE 435.96
COMPANY
50500 Supplies 06/28/24 Printed 3615
50501 07/09/24 Printed 3331 2NDNATURE, LLC Annual Cost FY 2024-2025 5,999.07 50502 Community Center Project 07/09/24 Printed 4343 4LEAF, INC. 57,475.00 50503 07/09/24 Printed 4356 PETER AGUILAR JR. Adult Co-ed Softball Umpire. 480.00 50504 Monthly Monitoring 07/09/24 Printed 2 ALL - SAFE ALARMS 460.00 ALLIANT INSURANCE 13,173.00
SERVICES
50505 Renewal Premium 7/1/24 - 7/1/25 07/09/24 Printed 3045 ALVAREZ TECHNOLOGY 14,048.42
GROUP, INC.
50506 Monthly Billing for August 24 07/09/24 Printed 3893 BANUELOS ENTERPRISES, 30.00
INC.
50507 Maint & Repairs 07/09/24 Printed 1054
50508 Oil Filter 07/09/24 Printed 1821 CSK AUTO, INC. 15.81 DE LAGE LANDEN PUBLIC 24,855.33
FINANCE
50509 Solar Loan Pmt 07/09/24 Printed 2895
GONZALES ACE HARDWARE 8.24
INC.
50510 Nozzle Side Strip 07/09/24 Printed 3274
50511 Reimbursement of Swim Lessons. 07/09/24 Printed 3785 BRIDGET LEDEZMA 57.00 50512 07/09/24 Printed 2686 DAVID & DONA LLOYD After Hours Phone Service 99.00 50513 Fire Supplies 07/09/24 Printed 72 MISSION UNIFORM SERVICE 238.76 50514 TAMC RTP 07/09/24 Printed 1577 TAMC 2,764.00
50515 Zoom Services 07/09/24 Printed 3880 THE MAYNARD GROUP 284.49 50516 Tracnet - 8/11/24 - 8/10/25 - 07/09/24 Printed 2077 TRACNET 23,078.49 Hardware/Software
50517 Pool Loan Pmt #97070064961 07/09/24 Printed 3350 UMPQUA BANK 64,825.44 50518 Internet Service - #308309956 07/09/24 Printed 2830 AT&T 85.60 50519 Supplies 07/09/24 Printed 3168 AUTOZONE INC. 10.33 50520 Meter Items 07/09/24 Printed 3805 BADGER METER INC. 439.70 50521 Vosti - Cleaning Service 07/09/24 Printed 770 CARLOS ALBERTO ESQUIVEL 400.00 50522 Utilities 07/09/24 Printed 212 CITY OF GONZALES 4,300.49 GONZALES ACE HARDWARE 175.25
INC.
50523 Bulb CFL 07/09/24 Printed 3274
50524 Fire Dept Supplies 07/09/24 Printed 204 LN CURTIS & SONS 996.15 50525 PW Uniforms 07/09/24 Printed 72 MISSION UNIFORM SERVICE 153.97 50526 Stormwater Permit Support Service 07/09/24 Printed 3970 MNS ENGINEERS, INC. 35.00 50527 Public Notice 07/09/24 Printed 3787 NEW SV MEDIA 5,050.23 50528 Travel to Costco - (4 X) Pool Snackbar 07/09/24 Printed 4287 JESSICA OLMEDO 132.66 50529 Utilities - #0006301263-7 07/09/24 Printed 91 P. G. & E. 473.17 50530 Fuel - Acct #0045874 07/09/24 Printed 2685 SC FUELS 404.60 50531 Office Supplies 07/09/24 Printed 4361 STAPLES, INC. 205.39 50532 Various Charges - 07/09/24 Printed 3577 U.S. BANK 2,448.58 #4866-9100-0315-7380
50533 Various Charges - 07/09/24 Printed 3577 U.S. BANK 2,237.15 #4866-9100-0315-7356
50534 Supplies for Pool 07/09/24 Printed 3410 ULINE, INC. 311.73 50535 Refund - Temporary Use Permit - 07/09/24 Printed 3146 CARLOS VALDEZ 117.50 Canceled
Packet Pg. 16
Attachment: Warrants #50396-50535 (3043 : Approve City Accounts Payabe Warrants #50396-50535) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
RABOBANK Page: 4
Time: 4:22 pm
Date: 07/10/2024
Void/Stop
Date
Reconcile
Date
Total Checks: 140 Checks Total (excluding void checks): 597,446.99 Total Payments: 140 Bank Total (excluding void checks): 597,446.99 Total Payments: 140 Grand Total (excluding void checks): 597,446.99 Packet Pg. 17
Attachment: Warrants #50396-50535 (3043 : Approve City Accounts Payabe Warrants #50396-50535) Finally on April 27th we celebrated a day that so many of us have been waiting for – the groundbreaking of the Dennis and Janice Caprara Community Center Complex. The day was In June marked a milestone for the City of Gonzales as Otto Construction received their notice to proceed on the Dennis and Janice Community Center Complex, and got started on its construction on June 10th. Crews are busy working at the site daily from 7:00AM until 3:30PM but most days you can find people there well past 6:00PM working away to make sure they meet the established timeline. Please be careful when you drive near there, and in preparation for the start of the new school year, please be mindful of the additional traffic on 5 th Street near Elko Street and Rincon
Road, and give yourself more time in the morning to avoid the congestion.
To view the daily progress of the Dennis and Janice Community Center Complex, visit the link https://share.earthcam.net/GonzalesCommunityCenter.
Staff continues to work on the funding campaign for Phase 2 of the project which includes the Community Hall and Fitness Center. To make your tax deductible donation to the project, visit the Community Foundation for Monterey County website at cfmco.org and search Gonzales Community Center. Donations in the amount of $500 + get their name on a donor wall.
Economic Development and Revenue Generation
• The Economic Development team is working to support business growth and development in the community. There are a few businesses wishing to establish themselves in town and staff is helping to move those projects along.
• The City Council is considering putting a Sales Tax Measure on the November Ballot. The Measure would help generate funding for unfunded programs and services like fire, youth programming, and road and street repairs. If approved, the new sales tax would sit in line with the rest of the local cities at 9.25%, an increase from 8.75%. City of King and the County are also considering putting similar tax measures on the ballot for their unfunded projects. • The City is also working with colleagues in South County to explore potential economic development opportunities.
City of Gonzales
City Manager Report
June 2024
June 2023
Packet Pg. 18
Attachment: City Manager Report June 2024 (3045 : City Manager Report - June 2024) AGENDA
ITEM
9 Housing
• The Visita Lucia Housing project is moving along smoothly. This project, if approved, will bring much-needed housing for our community. Housing is set to be of all different levels of affordability and the project will also add schools, parks, green open spaces and a Fire Substation to the north-east side of town off Fanoe Rd. • Staff is in the process of working to finalize the Environmental Documents needed for the project to move the annexation application along. To learn more about the project, visit the City’s website under Community Development → Development Projects → Vista Lucia Project.
• A Financial Literacy workshop will be hosted by United Way in partnership with the City on July 13th to begin preparing the community for potential new housing. The City will work to coordinate similar opportunities in the future.
Community Engagement
• After a long wait, we finally received our All-American City banners recognizing and honoring the City’s work.
• The new Gonzales Youth Commissioners have been selected. They are Emily Mendez and Valeria Cardenas-Pacheco. Congratulations to them! We can’t wait to see what you do this year!
• The City wants to Thank You for your cooperation this Fourth of July and for doing your part to keep everyone safe!
Save the Date for the upcoming events:
Packet Pg. 19
Attachment: City Manager Report June 2024 (3045 : City Manager Report - June 2024) City of Gonzales
COMMUNITY DEVELOPMENT DEPARTMENT
ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: July 22, 2024
FROM: Taven Kinison Brown, Community Development Director THROUGH: Carmen Gil, City Manager
SUBJECT: Community Development Activity Report - June 2024
ECONOMIC DEVELOPMENT
Freeway Sign Proposal. City Staff is currently negotiating a lease for use of public property for the sign location and will soon be gathering a design review team together.
Monterey County Business Council, South County Round Table. Staff continues to meet and collaborate with our fellow cities of the Salinas Valley for opportunities to expand and support commercial services and industries and to further the creation of new housing. On Thursday, June 27, the City hosted Kosmont Companies, a nationally recognized real estate and economic development advisory firm and our local Monterey County Business Council (MCBC) for an orientation to the City of Gonzales, and a walking tour of our downtown areas. Kosmont and MCBC are tasked with conducting a retail study and developing feasible and affordable strategies that Gonzales and the other valley cities may employ to stimulate a broader economic base for the region.
HOUSING
Vista Lucia Specific Plan. Staff is advancing the several components of the Vista Lucia Specific Plan.
Success and implementation of the VLSP is inextricably linked to the City seeking certification of the 6th Cycle Housing Element. Without the new site opportunities of the VLSP and the yet to be completed Affordable Housing component, the State of California wants the City to develop an alternative program AGENDA
ITEM
10 Packet Pg. 20
where the City’s obligation to provide 1,266 RHNA units would be designated in some manner within the existing City limits.
City staff is advancing the Development Agreement, Affordable Housing Agreement, draft staff report, and the Condition Compliance and Mitigation Monitoring and Reporting Program. A copy of the EIR is available on the City of Gonzales website (https://gonzalesca.gov/services/communitydevelopment/development-activity-projects) under the Vista Lucia Project section.
Outreach. Additionally, staff is advancing outreach efforts through the United Way’s program for Financial Literacy in both English and Spanish and will have had our most recent class session, Saturday July 13, 2024. Outreach with pamphlets and in-person introductions to coming housing opportunities in the City of Gonzales were held on Thursday the Fourth of July in Central Park. Increased counter, telephone, and email queries have resulted, and staff has officially created an “Interested in Housing” list for our residents. People on the list will be included in new meeting notifications and other outreach efforts regarding new housing in the City. (The list does not guarantee or assure a position or advantage for new units.)
Housing Element. The City is responding to questions from Housing and Community Development (HCD) and is engaging in additional research and evaluations and will be making additions and revisions to the first draft. Staff will be posting responses and edits and share the changes publicly through the website.
Senior Housing Proposal on S. Alta. Geoffrey Morgan intends to meet with City Manager Carmen Gil and Taven Kinison Brown, the week of July 15, 2024 to share the CHISPA progress points in regards to the City-owned parcel on Alta Street.
CODE ENFORCEMENT
The City continues to meet with property owners, inspect potential violations and start documentation to progress to remedies.
BUILDING DIVISION ACTIVITY
From June 1, 2024, to June 30, 2024 (30 reporting days), the City issued 15 permits from the Building Division for residential additions, roof repairs and re-roofs, demolition of non-permitted additions, repairs to meet code at a multifamily development, and formalized repairs and proper permitting for an ADU.
The estimated valuation of all improvements was $174,625.
GENERAL COMMUNITY DEVELOPMENT ACTIVITY
Potential mini storage and vehicle storage opportunity. The Community Development Department continues to work with an applicant as his proposal takes shape for new commercial / industrial uses on Gonzales River road on the western city edge. The potential here is to provide support for our major agricultural processing giants but will also include mini storage and vehicle storage opportunities for the greater public.
City’s Business License Ordinances. The Economic Development staff is looking into an update to the City’s Business License Ordinances that have not been revisited since 1972 (52 years).
Packet Pg. 21
City of Gonzales
CITY MANAGER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: July 22, 2024
FROM: Carmen Gil, City Manager
SUBJECT: Communtiy Engagement & Recreation Departments Activity Reports Current Activities
Kid Power
• In early June, we still had our regular Kid Power After School Program and the kids did different activities to celebrate the end of the school year, some of which included a ceremony and a BBQ hosted by the Gonzales Fire Department on the last day of school. • In preparation for the opening of Summer Camp our team did some team building activities, and deep cleaned the entire Vosti Center building.
• Summer Camp kicked off during the 3rd week of June. Summer Camp teamed up with Gonzales PD and they provided us with a tour and explained everything they do at the station.
Gonzales PD also came to the Vosti with the Explorers and they talked about what they do and how the kids can also become explorers one day. The campers also got to experience the police department drone. They learned what it is used for and how it is used. The kids even got a chance to talk into it and hear their message. The kids thanked Gonzales PD for their visit by making cards and crafts for the Officers
AGENDA
ITEM
11 Packet Pg. 22
• For the last week of June Summer Camp teamed up with Save the Whales. We met Amanda at the Community Garden where she taught the kids about things that would harm the environment, how things grow and what helps them grow. She told them about bees and how important they are for our flowers to spread pollen. She taught the kids to keep the garden clean by picking up all the trash and weeds. The kids also made Amanda some cards and did a butterfly craft with Amanda.
City Sports League
• Gonzales Youth Flag football skills assessment began on Monday June 3rd. The official season will begin on Monday, June 10th. We have three divisions, 10 teams and a total of 84 participants. Our divisions are Ages 5-7, with 3 teams, Ages 8-10 with 4 teams and Ages 11-14 with 3 teams. We have 9 coaches. One of which is coaching two teams, one in the 8-10 and one in the 11-14 age division. We also have a returning coach who heard we needed coaches and stepped up to coach even though his kids decided not to participate this year. Our community really does have great coaches who care and who just want the best for our Gonzales athletes. Our first flag football games started on June 20th with our 5-7 age division and on the 21st for our 8- 14 divisions. Our season will end July 26th.
• Adult co-ed softball began with its first games on June 10th. We have 10 teams in total this season, within two brackets. The lower bracket has 6 teams, and the lower bracket has 4 teams.
The last regular season games will be July 24th. Championship games are scheduled for July 31st and Aug 1st.
• Summer Tiny Tots Sports program starts on June 12th. We started with our Tiny Tots Basketball.
Our numbers were not very big for our first time, but we did have 7 registered participants for the basketball season. Next sport will be soccer starting in July. • Gonzales youth soccer league registration started June 28th. This season we added a new division to accommodate the 13-year-old age group. We will have 5 age divisions. Our divisions will be 2 ½ - 3 ½, 4-5, 6-8, 9-10 and now 11-13. The season will start at the end of August with skills assessments.
Packet Pg. 23
Recreation/ Community Engagement
• We were able to collaborate with the Greenfield Community Science Workshop once again to host a Free Bike Repair Workshop in Gonzales! Last year we hosted it in the parking lot where the Community Center is now being built. This event gives community members the opportunity to either donate bikes that are no longer in use or give others the opportunity to obtain a free used bike. It also grants the opportunity for others to get their bikes fixed! We had great success at our last event, so we are hoping the same goes for this year’s event. • We have been working with Salinas Valley Health to host a Community Health Day at Central Park on October 12th. The event will include various free activities and informational booths some of which include face painting, free Flu Shot Clinic, Stroke Clinic Research Booth, Cancer Resource Center, Blue Zones exercises activities and much more! • The Ventura Circus has reached out in hopes of using the Centennial Field to host a circus in Gonzales this summer!
• We continue to host senior programming through a partnership with Alliance on Aging. We were able to attend the Senior SoCo in June to help promote all the fun programs that will be taking place through the end of December 2024.
Aquatics
• The Gonzales Community Pool had a soft opening on Monday June 10th and we went live with all programs on June 17th. Some of the programs include: water aerobics, private and group swim lessons.
• The Pool is currently planning for their first movie night of 2024 being held on July 13th. Doors will open at 8PM with the movie starting at 8:45PM.
Gonzales Youth Council
• We hosted our annual rounds of interviews for our 2024-2025 Youth Commissioners. The initial interview was conducted by the two GYC Advisors and the second round of interviews was conducted by City Manager, Carmen Gil and Director of Student Services for the Gonzales Unified School District, Candice McFarland. We were able to make a unanimous decision that our two Youth Commissioners would be Emily Mendez, and Valeria Cardenas-Pacheco. • The two commissioners will participate in a Summer Fellowship with the City that begins on Monday July 15th. They will have the opportunity to have ‘meet and greets’ with different departments as well as a chance to sit down with the Mayor and Council Members to get a better understanding of their responsibilities.
Packet Pg. 24
City of Gonzales
FIRE DEPARTMENT
ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: July 22, 2024
FROM: Jason Muscio, Fire Chief
THROUGH: Carmen Gil, City Manager
SUBJECT: Fire Department Activity Report
RESPONSES
There were 71 calls for service during the month of June including: 1 vehicle fire, 11 vehicle accidents, 27 EMS calls, 6 hazardous materials calls, 12 service calls, 7 false alarms, and 7 cancelled in route. There were two instances of multiple incidents requiring assistance from our mutual aid partners. There is a noticeable increase in vehicle accidents that is common during the Summer months.
STAFFING
Newly hired Firefighter Jeremy Lopez began his probationary period during the month of June filling the vacant Firefighter position. There are currently no vacancies among the full-time staff. Two active Volunteer Firefighters continue to work shifts as time allows. One recent fire academy graduate has reached out about the possibility of becoming a volunteer.
TRAINING
The majority of the training conducted for the month was centered around introductory training with Firefighter Lopez. Crews also participated in a relay pumping/water supply exercise with the Engine company from Monterey County Regional Fire Chualar station.
EQUIPMENT
Both type 1 engines, 8111 and 8112 suffered mechanical breakdowns during the month including a threeday period where both engines were out of service at the same time. With both engines out of service, crews responded to EMS calls in patrol 8151 and relied on mutual aid engines for any incidents involving fire; fortunately, there were no fires during the three day period. Engine 8111 is now back in service after AGENDA
ITEM
12 Packet Pg. 25
replacement of the front tires, and engine 8112 remains out of service and is being repaired by Skinner Equipment. Patrol 8151 and Water Tender 8141 remain in service without the need of significant repairs.
PREVENTION
Regular business and residential rental inspections were conducted during June. The Fire Chief worked with several property owners on weed abatement in preparation for the 4 th of July. Crews assisted a
resident with smoke detector battery replacement.
GRANTS
Staff continues to wait for the California State Department of Water Resources to finalize the grant award and release the funds. These funds will provide for an emergency communications system, and flood fight materials for the east side of the City. Staff continues to explore additional grant opportunities as they become available.
Packet Pg. 26
City of Gonzales
POLICE DEPARTMENT
ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: July 22, 2024
FROM: Keith Wise, Chief of Police
THROUGH: Carmen Gil, City Manager
SUBJECT: June 2024 Activity Report
Crime and Arrests
The Gonzales Police Department investigated 3 Part I Crimes (Homicide, Robbery, Theft, Burglary, Rape, Assault and Motor Vehicle Theft) during the month of June 2024. During the same time last year, there were 6 Part I Crimes investigated.
During the month of June 2024, Officers made 11 arrests. During the same time last year, there were a total of 18 arrests.
During the Month of June 2024, the department initiated 5 Abandoned Vehicle Abatement (AVA) cases.
The 5 violations were self-abated by the registered owners upon notification of the Municipal Code Violation.
Calls for Service
The Department responded to 610 calls for service in June 2024. There were 49 crimes, accident, and information reports taken during the month.
Animal Control
During the month of June 2024, the Animal Control Officer (ACO) provided the following services:
Animal Control Trapped/Stray Dead Injured Bite Cases Returned to Owner
Transported to the
SPCA
Cats 0 2 0 0 0 0
Dogs 4 0 1 3 3 1
Total = 4 2 1 3 3 1
AGENDA
ITEM
13 Packet Pg. 27
Significant Cases
Although the Police Department responded to 610 calls for service during the month of June 2024, the most significant cases involved 3 Part I crimes. 0- Homicide 0 - Rape, 0 - Robbery, 3 - Assault, 0 - Burglary, 0 - Larcenies, and 0 -Stolen Motor Vehicle Thefts.
Training
The Department continues to conduct in-house training.
Officer Rivera attended an Advanced Roadside Impaired Driver Enforcement (ARIDE) course June 26- 27, 2024 hosted at the San Luis Obispo Highway Patrol Department. ARIDE is a course aiming to provide officers with general knowledge related to drug impairment.
Other
The Department in conjunction with the Monterey County SPCA, hosted a low-cost spay and neuter clinic in Gonzales for Cats and Dogs. The clinic was held at the Police Department on June 15, 2024.
Packet Pg. 28
City of Gonzales
PUBLIC WORKS / CITY ENGINEER DEPARTMENT
ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: July 22, 2024
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, City Manager
SUBJECT: Public Works/City Engineer Department Activity Report
BUILDINGS
Community Center Complex Project – Staff held a preconstruction meeting with the contractor, Construction Manager and USDA staff on 6/05/2024. The Notice to Proceed with Construction was issued to the contractor effective 6/10/2024. Staff is presenting a progress report at the 7/22/2024 Council meeting.
WASTEWATER
1. Industrial Wastewater (IW) System – Staff and a real estate appraiser are finalizing the temporary and permanent easements needed for the pipeline contract. On 6/18/2024, staff returned the SRF Agreement as signed by the City Manager to SRF staff for their execution. The IW Pipeline Contract was issued for public bid on 6/27/2024 and staff held a Prebid meeting with interested contractors on 7/10/2024.
2. RFQ for Wastewater Design services – On 5/08/2024, staff received Statement of Qualifications from five consulting firms. Staff interviewed the five firms on 6/04/2024 and a contract with Dudek Consulting was approved at the 6/17/2024 Council meeting for Design Support Services during the bid/award phase of the IW Pipeline Project.
WATER
Johnson Canyon Parallel Waterline – Schaaf & Wheeler submitted the 100% plans, technical specifications, and cost estimate to City staff. Staff is planning to issue the project for bid in January 2025.
AGENDA
ITEM
14 Packet Pg. 29
ROADS
1. Safe Routes to School Steering Committee – TAMC staff presented the steering committee’s recommendation at the 6/17/2024 Council meeting. Staff will add the top two projects to the City’s Capital Improvement Program.
2. Monterey Salinas Transit Circulator – Over the last two years, MST staff has coordinated with City staff to replace the Dial-a-Ride Service with a fixed route bus service in Gonzales. MST’s design consultant recently completed the design and obtained a City encroachment permit.
PARKS
1. Meyer Park – On 6/07/2024, Prop 218 ballots were mailed to all property owners in the Calif Breeze Subdivision regarding the proposed increased assessment for the Benefit Assessment District and Parks and Open Space District. The submitted ballots will be tabulated at the 7/22/2024 Council meeting.
SOLID WASTE
1. Maury Treleven coordinated a Reuse, Recycle and Clean-up event on 6/28/2024 with Gonzales School District and Trini Zavala, Monterey County Environmental Health, Save the Whales, and Salinas Valley Recycles at Fairview Middle School. Her report on the event is attached.
OTHER PROJECTS
1. South Salinas Valley Broadband Authority – Staff is working with Tilson Technology on siting a fiber hut for the fiber optic cable and connectivity components at the City Corporation Yard.
2. GIS – City staff continues to work on a GIS mapping system by inputting field data for water, sewer and storm drainage systems. Staff purchased several iPads for use by Public Work field personnel.
Staff holds monthly meetings with ProWest (GIS consultant)
3. Transportation Agency for Monterey County – Patrick Dobbins attends the monthly Technical Advisory Committee meetings and is the Chair of the Technical Advisory Committee for 2024.
PUBLIC WORKS OPERATIONS AND MAINTENANCE
WASTEWATER
Staff perform testing and daily inspections of the influent and effluent at the Wastewater Treatment Plant.
Staff performs rodent control. Staff has been discing at the existing and future Wastewater Treatment Plants.
Staff maintains the sewer lift stations. Staff regularly has to pull the pumps at California Breeze lift station due to excessive rags.
WATER
Staff continues to perform testing and maintenance on the water system. Staff continues to actively map the water and sewer system for the City’s GIS program.
Well 5 is back in service after having the pump serviced due to an electric issue.
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Well 7 had a power glitch and the pump was pulled for servicing to prolong the life of the motor.
Staff will be performing the tri-annual lead and copper testing in July.
STORM WATER
Staff continues to clean and maintain bioswales. Staff will begin annual maintenance of the storm water ponds and outfalls.
PARKS
Staff mows parks regularly. Staff cleans restrooms, cleans trash, and makes repairs in parks regularly.
Staff repairs and maintains irrigation in Central and Centennial Parks.
Staff did a large amount of weed eating around town in preparation for the Fourth of July and fire season.
Staff set up for the Fourth of July celebration.
GOVERNMENT BUILDING
Staff continues to maintain City owned buildings. Staff cleans the Vosti Center restrooms and the Council Chambers weekly.
Staff serviced the HVAC units at the Medical Center. Staff ordered new flagpole ropes for the flagpoles.
Trini’s Plumbing recently replaced the water heater in the sleeping quarters at the Fire Station.
STREETS
Staff continues to fill potholes. Staff painted Stop bars and legends on the south-west side of town.
Staff hung the new American City banners in time for the Fourth of July.
Staff hanging banners
Staff trimmed trees on Fifth Street in preparation for utility work along Fifth Street related to construction of the Community Center.
EVENTS
Staff prepared Central Park for the AIDS cycle event on 6/03/2024.
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Attachments:
1. Gonzales Fall Cleanup Day Report
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City of Gonzales 2024 Summer Reuse, Recycle & Cleanup Day Report
July 5, 2024
Submitted to: Mayor & City Council of the City of Gonzales through the Office of the City Manager On June 29, 2024, the City of Gonzales held its summer community cleanup day event at Fairview Middle School. The event was advertised to residential customers through social media and direct mail. The flow of traffic by participants was steady. One hundred fifty-five (155) vehicle loads were serviced.
This event provides landfill disposal vouchers for refrigerators and freezers at the Johnson Canyon Landfill. Volunteers benefit from being able to direct participants to the nearby landfill to dispose of these and other bulky items, such as mattresses and appliances. Rather than unload them into dumpsters, residents can easily push them off into landfill collection piles. This protocol also makes residents aware of the free recycling services available at the Johnson Canyon Landfill.
The event focuses on preventing illegal dumping and helping residents “clear the clutter.” It facilitates source separation, recycling, and proper disposal of hazardous waste, trash, appliances, mattresses, scrap metal, rigid plastics, cardboard, and electronic waste.
Residents received free and safe disposal of ABOP (Antifreeze, Batteries, Oil, and Paint) materials and sharps containers through Salinas Valley Recycles. Monterey County Environmental Health coordinated a CalRecycle grant-funded oil filter exchange and provided free oil collection containers.
The newest feature of this event was a CalRecycle grant-funded compost giveaway. Tri-Cities brought 25 cubic yards of finished compost to give away to the community. Tri-Cities and Salinas Valley Recycles brought extra bags, buckets, and shovels for those who did not have them. About half of the compost was taken away to grow fruits, vegetables, and flowers in home gardens. Twenty-four (24) kitchen food scraps collection bins were given away. The leftover compost was sent to the Gonzales public works yard for city use. We will bring compost to the event in the fall.
Now that the word is out, we think more people will be excited about this program.
Extended participation in the event by Save the Whales (STW) continues to be a blessing. Once again, their team asked if they could join us in volunteering at the event after collecting their stormwater surveys. Without their help, the cross-country volunteers would have been completely overwhelmed by the volume of clothing donations (two minivan loads).
The free “Take it or Leave it” area continues to be a big hit with the community. As anyone who has participated in these events knows, the reuse area has many great finds. Most of our volunteers were surprised to find many useful items for themselves! From the Desk of: Maury Treleven
Special Projects Consultant,
Gonzales, Greenfield & Soledad
Tri-Cities Disposal & Recycling
831-262-2156 [email protected]
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Attachment: Gonzales Fall Cleanup Day Report (3040 : Public Works/City Engineer Department Activity Report) The event accepts donations for the clothing closet at the Gonzales Community Presbyterian Church. Blankets and towels are separated and delivered to South County Animal Rescue, where they are needed to care for rescued animals.
The Gonzales High School cross-country and track teams provided 70 volunteer hours. This group consistently meets its commitments with enthusiastic volunteers who exemplify the spirit of community service. Tri-Cities provided gloves, safety vests, lunch, and ice water. The cross-country and track team will receive a $500 donation from Tri-Cities Disposal & Recycling.
Thank you to our partners Gonzales Unified School District and Trini Zavala, Monterey County Environmental Health, Save the Whales, and Salinas Valley Recycles.
2024 Summer Event
Diversion/Recycling: 9.93 tons Trash: 11.09 tons Total Collected: 21.02 tons Diversion Rate: 47% Cars/Trucks: 155 Total CUYD 358
Oil filter exchange: 40 Vouchers Sharps containers: 22
Notes:
• VAN=Collection by Salinas Valley Recycles’ ABOP panel van • DEL=Resident delivered to the landfill with free disposal voucher (or item is free to dispose/recycle) • Clothing donations are estimated by approximate volume of carloads/truckloads • “Take it or Leave it” reuse area items are estimated
• Weights for items counted as units are calculated based on weight per unit established by DHEC and CalRecycle tables
• Freon appliances include refrigerators, freezers, ACs, and refrigerated water coolers Respectfully submitted,
Maury Treleven
Item Summer
2024 Tons CUYD Fall 2023 Tons
Summer
2023 Tons
Average Tons Per
Event Day 2013-2022
Trash 11.09 120 6.03 7.69 7.14
Metal 4.37 120 3.83 3.78 3.88
Mattresses 0.06
(2 PCS) DEL 0.06(2 PCS) 0
0.20 (7 PCS)
E-waste 1.53 20 0.94 1 1.1
Crdbd/Paper 0.08 40 0.25 0.63 0.21
Rigid Plastics 0.51 40 0.55 0.75 0.60
Haz. Mat. (ABOP) 0.89
(1,779 lbs.) VAN 0.51(1,025 lbs.)
0.83 (1,654 lbs.)
0.83 (1,648 lbs.)
Freon Appliances 0.89
(8 PCS) DEL 1.0(9 PCS)
1.41 (13 PCS)
0.80 (7.42 PCS)
Non-freon Appliances NONE DEL 0.48
(7 PCS)
0.53 (7 PCS)
0.42 (4.08 PCS)
Clothing Donations &
Reuse Area
1.60 (3,200 lbs.) 18 1.60(3,200 lbs.)
1.38 (2,750 lbs.)
1.31 (2,624 lbs.)
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Attachment: Gonzales Fall Cleanup Day Report (3040 : Public Works/City Engineer Department Activity Report) City of Gonzales
CITY MANAGER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: July 22, 2024
FROM: Carmen Gil, City Manager
SUBJECT: Agreement with C4 Consulting for Rendering Services that Support Youth Leadership Development
RECOMMENDATION
It is recommended that the City Council approve and Authorize the City Manager to sign an Agreement between the City of Gonzales and C4 Consulting for rendering services that support Youth Leadership Development.
BACKGROUND
The City of Gonzales has been contracting with Michelle Slade since 2013 for services on various projects. She has been instrumental in helping to develop and guide the Gonzales Youth Council (GYC).
Her support continues to be a necessary asset as the City dives into high impact, large-scale projects with limited staff.
REVIEW AND ANALYSIS
The Gonzales Youth 21st Century Success Initiative continues to be a driving force of the City as the Council continues to prioritize supporting youth development and growing our own next level of professionals. This agreement continues to support the effort and ensures that there is continuity with the Youth Council until more internal capacity is developed.
The proposed contract specifically includes support around asset-based youth engagement and leadership development to continue fostering creativity and innovation through the Gonzales Youth 21st Century Success Initiative, through a results-based collaborative effort with City staff. It also supports the ongoing model of peer-to-peer as it supports the engagement and leadership of a former GYC Alumni who currently works under this contract through C4C. Continual support for leadership development and AGENDA
ITEM
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capacity building is essential in order to continue strengthening our GYC efforts and implementing the Council’s Vision and Mission to support the professional development of our youth.
Explain Recommendation and How it Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.
Explain: This Agreement ensures that the work of the GYC and the Youth 21st Century Success Initiative continues to move forward without losing traction. It is important that we continue to support the work as the civic engagement of youth is one of our staple projects and has become a model for others not only across the State and the Nation, but we have also inspired Greenfield and Soledad to start their own Youth Councils.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.
Explain: This Agreement, paid for by Measure K, supports the development of our youth leaders through the Gonzales Youth Council.
City services will be delivered in a cost-effective, respectful, and friendly manner to insure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.
Explain: Staff’s analysis of this Agreement is that it is cost-effective for the promotion of the community’s long-term sustainability.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing X Yes No N/A
• Recreation X Yes No N/A
• Environment X Yes No N/A
• Education X Yes No N/A
Explain: This Agreement follows approved fiscal policies and will be monitored to ensure desired results are consistent with approved City Council goals.
ALTERNATIVES
Without the support of C4C, our service impact through the GYC could be constrained as we have limited staff. C4C’s support around youth leadership development and capacity building, is critical to its continued success and impact. If this contract was stopped we would have to rethink the GYC strategy, which is not recommended at this point as it has been a major pride point for the City.
BUDGET IMPACT
This new Agreement is less than the previous contract. It is not to exceed $35,000 and runs from August 2024 - June 2025. This work is paid through funding from Measure K.
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CONCLUSION
It is recommended that the City Council approve and Authorize the City Manager to sign an Agreement between the City of Gonzales and C4 Consulting for rendering services that support Youth Leadership Development.
Attachments:
1. Agreement with C4 Consulting
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1 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF GONZALES AND MICHELLE SLADE, C4 CONSULTING/A. M. UNLIMITED LLC
FOR YOUTH DEVELOPMENT AND COMMUNITY ENGAGEMENT SERVICES THIS AGREEMENT for consulting services is made by and between the City of Gonzales ("City") and A.M. Unlimited LLC dba C4 CONSULTING ("Consultant") together sometimes referred to as the "Parties" as of July 22, 2024 (the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A – Scope of Services at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The initial term of this Agreement shall begin on the Effective Date and shall end on June 30, 2025, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $35,000 (thirty five thousand dollars); notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A – Scope of Services, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B - Payment for Services. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties Packet Pg. 38
Attachment: Agreement with C4 Consulting (3044 : Agreement with C4 Consulting Supporting Youth Leadership Development) 2 further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement and in accordance with Exhibit B - Payment for Services, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.
Invoices shall contain the following information:
▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
▪ The beginning and ending dates of the billing period;
2.2 Payment Terms. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.1
2.5 Hourly Fees. Not Applicable.
2.6 Reimbursable Expenses. Reimbursable expenses as approved in tasks that are part of Exhibit A – Scope of Services and shall not exceed the amount approved and follow Exhibit B - Payment for Services.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as 1Client and Consultant acknowledge the iterative nature of this SOW. If the work significantly exceeds the projection, or the scope of work shifts in a significant way, Client and Consultant agree to renegotiate terms including compensation &/or scope modification.
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Attachment: Agreement with C4 Consulting (3044 : Agreement with C4 Consulting Supporting Youth Leadership Development) 3 of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City.
Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $250,000 (two hundred fifty thousand dollars) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 (one million dollars) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least Packet Pg. 40
Attachment: Agreement with C4 Consulting (3044 : Agreement with C4 Consulting Supporting Youth Leadership Development) 4 twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and nonowned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an "occurrence" basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.
c. For any claims related to this Agreement or the work hereunder, the Consultant's insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City.
4.3 Professional Liability Insurance.
4.3.1 General requirements. 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 (one million dollars) covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.
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Attachment: Agreement with C4 Consulting (3044 : Agreement with C4 Consulting Supporting Youth Leadership Development) 5 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of five years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.
4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
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Attachment: Agreement with C4 Consulting (3044 : Agreement with C4 Consulting Supporting Youth Leadership Development) 6 4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e., limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach:
▪ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
▪ Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or ▪ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, defend with counsel acceptable to City, indemnify, and hold City, its officers, employees, agents, and volunteers, harmless from and against any and all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, ("Claims"). Consultant will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly ("Liability"). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City.
With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the Indemnitees.
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Attachment: Agreement with C4 Consulting (3044 : Agreement with C4 Consulting Supporting Youth Leadership Development) 7 Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code section 2783, 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.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant's Failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that is legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are Packet Pg. 44
Attachment: Agreement with C4 Consulting (3044 : Agreement with C4 Consulting Supporting Youth Leadership Development) 8 legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
Consultant may cancel this Agreement upon 60 (sixty) days' written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized Packet Pg. 45
Attachment: Agreement with C4 Consulting (3044 : Agreement with C4 Consulting Supporting Youth Leadership Development) 9 personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the costs to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
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Attachment: Agreement with C4 Consulting (3044 : Agreement with C4 Consulting Supporting Youth Leadership Development) 10 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Monterey or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
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Attachment: Agreement with C4 Consulting (3044 : Agreement with C4 Consulting Supporting Youth Leadership Development) 11 Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant.
Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials without expressed approval of City.
10.9 Contract Administration. This Agreement shall be administered by City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
A.M. Unlimited LLC dba C4 CONSULTING
c/o Michelle Slade, Chief Strategist
P.O. Box 2135
Carmel Valley, CA 93924
Any written notice to City shall be sent to:
City of Gonzales
c/o Carmen Gil, City Manager
P.O. Box 647
Gonzales, CA 93926
10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, and C represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Expenses
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Non-Responsibility for General Contractor Responsibilities and Duties. Unless otherwise agreed by City and Consultant in writing, nothing in Consultant's services shall be construed to mean that Consultant assumes any of the contractual responsibilities or Packet Pg. 48
Attachment: Agreement with C4 Consulting (3044 : Agreement with C4 Consulting Supporting Youth Leadership Development) 12 duties of the general contractor. The general contractor is solely responsible for construction means, methods, sequences and procedures used in the construction of a project and for related performance in accordance with its contract with the City. The general contractor shall not be relieved of its responsibility for the safety of the workplace or for the method or manner of construction. The Consultant and its personnel have no authority to exercise any control over or charge of acts or omissions of the general contractor or their employees in connection with the construction work.
The Parties have executed this Agreement as of the Effective Date.
CITY OF GONZALES CONSULTANT
Carmen Gil, City Manager Michelle Slade, Chief Strategist – C4 Consulting Attest:
Mary Villegas, Deputy City Clerk
Approved as to Form:
Michael F. Rodriquez, City Attorney
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Attachment: Agreement with C4 Consulting (3044 : Agreement with C4 Consulting Supporting Youth Leadership Development) 13 EXHIBIT A: SCOPE OF SERVICES
I. PROJECT SUMMARY
A. Purpose: The City of Gonzales is renewing its contract with A.M. Unlimited LLC dba C 4 Consulting
to increase its capacity to deliver and sustain its:
● Asset-based Youth Engagement & Leadership Development – Devising strategies and fostering implementation to increase youth engagement, leadership development and influence in developing and implementing youth-related policy development, practices, programs, &/or services, especially related to advancing the Youth Commissioners and the Gonzales Youth Council;
● Adult Ally Capacity-building – Delivering capacity-building as mutually agreed upon to aid the development and implementation of youth-related policy, practices, programs &/or services, and mobilization resources including community engagement to increase youth success.
B. Services & Deliverables: Through A.M. Unlimited LLC dba C 4 Consulting, Michelle and her agreed
upon Associate(s) will work directly with the Gonzales City Manager, City Department Managers, and other leaders and stakeholders as appropriate, to provide consulting and coaching services as follows:
a. Youth Commissioners (YCs) & Gonzales Youth Council (GYC) i.Work with the City Manager and assigned Staff to evolve the YC and GYC model; ii.Orient and provide mentorship and coaching for City Staff assigned as YC & GYC Advisor;
iii.Plan, facilitate, evaluate, and debrief the 2024 Summer Fellowship; iv.Develop resource guides for the Youth Commissioners and the Advisors to aid future implementation;
v.Provide Leadership Coaching for the Youth Commissioners (group and 1:1); vi.Advise the Youth Commissioners, inclusive of prep, guidance during, and post GYC Meetings and other significant convenings;
vii.Facilitate Leadership Training, Action Project Support for the YCs and GYC; and viii.Facilitate the YC and GYC end of term recognition and celebration. b. Staff Capacity-building
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Attachment: Agreement with C4 Consulting (3044 : Agreement with C4 Consulting Supporting Youth Leadership Development) 14 i. Provide Leadership Coaching by the Chief Strategist up to two assigned City Staff (generally 1-hour Session monthly); and
ii. Facilitate Strategy Session &/or Training (up to 1 full day equivalency). c. Resource Development, Community & Public Relations
i. Identify and recommend viable partnership and funding opportunities; ii. Foster and/or strengthen community connections, working relationships, and positive regard of City with key project stakeholders (including communitybased organizations, foundations, etc.); and iii. Serve as Liaison with other Project-related Consultants, community-based organizations, businesses and other resources as appropriate.
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Attachment: Agreement with C4 Consulting (3044 : Agreement with C4 Consulting Supporting Youth Leadership Development) 15 EXHIBIT B
PAYMENT FOR SERVICES
INVOICING
1. Billings shall not exceed $35,000 for Scope as defined within this Agreement.
2. Invoices submitted for services/deliverables as agreed herein will be paid per the following schedule and amounts:
Service/Deliverable Submission Schedule Amount
Summer Fellowship July 29, 2024 $7,000
Youth Leadership Development,
Training, & Coaching
September 2, 2024
January 6, 2025
March 3, 2025
May 5, 2025
$7,000
(each Invoice)
3. Invoices submitted will be paid no later than 30 days.
REIMBURSEMENTS
1. All reimbursable expenses shall be verified by receipts or copies of receipts.
2. Only expenses associated with consulting services for the City related to this Agreement shall be requested or considered.
3. It is mutually understood the City will allocate a separate investment for the Youth Commissioners (YC) and Gonzales Youth Council (GYC) to provide YC stipends and to address expenses for the YC & GYC ‘24-’25 term (e.g., T-Shirts, supplies and materials for meetings and action projects, refreshments, recognition celebration including certificates, medals, etc.).
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Attachment: Agreement with C4 Consulting (3044 : Agreement with C4 Consulting Supporting Youth Leadership Development) City of Gonzales
CITY MANAGER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: July 22, 2024
FROM: Carmen Gil, City Manager
SUBJECT: Agreement with Armanasco Public Relations, Inc. for Public Relations Services
RECOMMENDATION
Staff recommends the City Council approve a new Consulting Services Agreement between the City of Gonzales and Armanasco Public Relations, Inc. dated July 23, 2024 through June 30, 2026 for an amount not to exceed $60,000 per fiscal year, for a total contract amount of $120,000; and authorize the City Manager to sign the Agreement.
BACKGROUND
Gonzales has utilized Armanasco Public Relations (APR) with success since 2015. They have been instrumental in a lot of the great press and recognition we have received and were key in the Robert Wood Johnson Foundation and the All-American City application efforts. They also help the City pursue funding opportunities. Most recently, they supported staff in the Department of Water Resources grant application and the Office of Transportation Safety grant.
REVIEW AND ANALYSIS
The ability to have communications experts available to support public outreach and our grant writing efforts is a valuable asset especially as we move into potentially having tax measures on the ballot, seek additional funding opportunities and begin to tell the community about the importance of supporting the City’s plan for growing in a sustainable, responsible and equitable manner. Furthermore, their support is invaluable as staffing is limited and getting information about these key projects out to the community in a timely manner, through multiple communication channels is imperative.
APR has also been cognizant of our budget and has worked with us to decrease their scope and cost so that they can continue to support the work of the City. The attached Agreement extends the relationship AGENDA
ITEM
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with a new two-year contract with the current negotiated rate. APR has agreed to keep the rate the same for duration of the contract.
The importance and impact of this work cannot be understated. Over the last several years, it has become apparent that the ability to stay connected, get your story out and be able to respond socially and publicly and maintain a presence is more important than ever. This is an area that frankly requires a level of expertise, contacts and relationships that are developed over time, and with a focus that is difficult for staff to maintain on an ongoing basis.
Explain Recommendation and How it Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.
Explain: Public outreach is an important component in the small-town charm aspect of the City’s vision. Armanasco Public Relations assists the community in working collaboratively for common goals.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.
Explain: Armanasco provides excellent service that staff believes is better than providing the expertise with City staff, which we do not have the funding to support.
City services will be delivered in a cost-effective, respectful, and friendly manner to insure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.
Explain: Staff believes this Agreement is more cost-effective than hiring this expertise with fulltime staff.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing X Yes No N/A
• Recreation X Yes No N/A
• Environment X Yes No N/A
• Education X Yes No N/A
Explain: Staff believes using specific experts especially in this area is critical and has proven very beneficial for the City in the past. This is even more important now that we have major projects like the Community Center, the Vista Lucia project and the Wastewater Treatment Plant underway which need to be shared with the community.
ALTERNATIVES
Alternative 1 – The City Council could direct staff to modify the Agreement to change the amount or period of time covered. Staff will modify as directed. The compensation proposed is already at a lower, negotiated price.
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Alternative 2 – The City Council could determine this Agreement is no longer needed. Staff believes this Agreement provides a valuable asset for public outreach critically needed as we move major projects forward.
BUDGET IMPACT
The total cost of the contract over the two years will not exceed $120,000, which is comprised of $60,000 annually. Over the course of the next two fiscal years, the City Budget will reflect the $60,000 spread across several funds to be considered as part of the annual budget process.
CONCLUSION
Staff recommends the City Council approve a new Consulting Services Agreement between the City of Gonzales and Armanasco Public Relations, Inc. dated July 23, 2024 through June 30, 2026 for an amount not to exceed $60,000 per fiscal year, for a total contract amount of $120,000; and authorize the City Manager to sign the Agreement.
Attachments:
1. Agreement with Armanasco Public Relations, Inc.
2. Summary of Work Performed 2021-2024
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Consulting Services Agreement between July 22, 2024
City of Gonzales and Armanasco Public Relations, Inc. Page 1 of 12
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF GONZALES AND
ARMANASCO PUBLIC RELATIONS, INC. FOR PUBLIC RELATIONS SERVICES THIS AGREEMENT for consulting services is made by and between the City of Gonzales (“City”) and Armanasco Public Relations, Inc. (“Consultant”) (together referred to as the “Parties”) as of July 22, 2024.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A . In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2026, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above, and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $60,000 per fiscal year for a total of $120,000 over the duration of this contract, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties Packet Pg. 56
Attachment: Agreement with Armanasco Public Relations, Inc. (3047 : Agreement with Armanasco Public Relations, Inc. for Public Relations Consulting Services Agreement between July 22, 2024
City of Gonzales and Armanasco Public Relations, Inc. Page 2 of 12 further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
▪ The beginning and ending dates of the billing period; ▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
▪ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, including a brief description of work that was completed; ▪ The Consultant's signature;
▪ Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 (eight hundred) hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
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Attachment: Agreement with Armanasco Public Relations, Inc. (3047 : Agreement with Armanasco Public Relations, Inc. for Public Relations Consulting Services Agreement between July 22, 2024
City of Gonzales and Armanasco Public Relations, Inc. Page 3 of 12
2.5 Payment of Subcontractors. Consultant is solely responsible for payment to all subcontractors that complete work under the terms of this Agreement.
2.6 Reimbursable Expenses. Reimbursable expenses are specified below and shall not exceed $5,000 per fiscal year. Expenses not previously approved are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
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Attachment: Agreement with Armanasco Public Relations, Inc. (3047 : Agreement with Armanasco Public Relations, Inc. for Public Relations Consulting Services Agreement between July 22, 2024
City of Gonzales and Armanasco Public Relations, Inc. Page 4 of 12
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 million dollars per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of selfinsurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $100,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement.
If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an "occurrence" basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.
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Attachment: Agreement with Armanasco Public Relations, Inc. (3047 : Agreement with Armanasco Public Relations, Inc. for Public Relations Consulting Services Agreement between July 22, 2024
City of Gonzales and Armanasco Public Relations, Inc. Page 5 of 12 c. For any claims related to this Agreement or the work hereunder, the Consultant's insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1 million dollars 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 Bests' rating of no less than A:VII.
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Attachment: Agreement with Armanasco Public Relations, Inc. (3047 : Agreement with Armanasco Public Relations, Inc. for Public Relations Consulting Services Agreement between July 22, 2024
City of Gonzales and Armanasco Public Relations, Inc. Page 6 of 12
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e., limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach:
▪ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Packet Pg. 61
Attachment: Agreement with Armanasco Public Relations, Inc. (3047 : Agreement with Armanasco Public Relations, Inc. for Public Relations Consulting Services Agreement between July 22, 2024
City of Gonzales and Armanasco Public Relations, Inc. Page 7 of 12 ▪ Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or ▪ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES.
Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, reasonable attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with Consultant's negligent performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.
The Consultant's obligation to defend and indemnify shall not be excused because of the Consultant's inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.
With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type to express or implied indemnity against the Indemnitees.
Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant and any subcontractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel Packet Pg. 62
Attachment: Agreement with Armanasco Public Relations, Inc. (3047 : Agreement with Armanasco Public Relations, Inc. for Public Relations Consulting Services Agreement between July 22, 2024
City of Gonzales and Armanasco Public Relations, Inc. Page 8 of 12 pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant or its subcontractors shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications and approvals of whatsoever nature that is legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Packet Pg. 63
Attachment: Agreement with Armanasco Public Relations, Inc. (3047 : Agreement with Armanasco Public Relations, Inc. for Public Relations Consulting Services Agreement between July 22, 2024
City of Gonzales and Armanasco Public Relations, Inc. Page 9 of 12 Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
Consultant may cancel this Agreement upon 60 days' written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
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Attachment: Agreement with Armanasco Public Relations, Inc. (3047 : Agreement with Armanasco Public Relations, Inc. for Public Relations Consulting Services Agreement between July 22, 2024
City of Gonzales and Armanasco Public Relations, Inc. Page 10 of 12
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the costs to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three years after final payment under the Agreement.
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Attachment: Agreement with Armanasco Public Relations, Inc. (3047 : Agreement with Armanasco Public Relations, Inc. for Public Relations Consulting Services Agreement between July 22, 2024
City of Gonzales and Armanasco Public Relations, Inc. Page 11 of 12 Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Monterey or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee or official of the City. If Consultant was an employee, agent, appointee or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, Packet Pg. 66
Attachment: Agreement with Armanasco Public Relations, Inc. (3047 : Agreement with Armanasco Public Relations, Inc. for Public Relations Consulting Services Agreement between July 22, 2024
City of Gonzales and Armanasco Public Relations, Inc. Page 12 of 12
10.8 10.9
and Consultant will be required to reimburse the City for any sums paid to the Consultant.
Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
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.
Contract Administration. This Agreement shall be administered by Carmen Gil ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
David Armanasco
Armanasco Public Relations, Inc.
585 Abrego Street
Monterey, CA 93940
Any written notice to City shall be sent to:
Carmen Gil, City Manager
P.O. Box 647
Gonzales, CA 93926
10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit ‘A’ represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral.
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
The Parties have executed this Agreement as of the Effective Date.
CITY OF GONZALES CONSULTANT
Carmen Gil, City Manager David Armanasco, President
Attest:
Mary Villegas, Deputy City Clerk
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Attachment: Agreement with Armanasco Public Relations, Inc. (3047 : Agreement with Armanasco Public Relations, Inc. for Public Relations Consulting Services Agreement between
City of Gonzales and Armanasco Public Relations, Inc. - Exhibit A Page 1 of 2
SCOPE OF SERVICES
Scope of Work
July 1, 2024 - June 30, 2025
Our focus going forward will be similar to the work we have engaged in with the City during our 2021-2024 contract, with a continued emphasis on grant research and writing.
Our scope of work will include the following:
• Develop press releases, pitch story ideas and write articles about the City to promote the position Gonzales as a regional leader, increase awareness of accomplishments and the success of the community
• Grant research and writing for the fire department and for general city funds to support existing city programs and initiatives
• Develop marketing communication pieces as needed (flyers, ads, social media posts, bill stuffers, etc.)
• Promote the Gonzales Youth Council’s 10-year anniversary • Research opportunities for awards and recognition for the City and write applications
• Assist with messaging for the sales tax measure and potential parcel tax measure • Provide messaging and strategic counsel regarding future housing needs and if needed assist city leadership with responding to any opposition • Other assignments and writing projects as directed by the City Manager We have outlined the following themes and messaging to promote the Gonzales Youth Council’s 10-year anniversary beginning in January 2025 and continuing throughout the year:
• Gonzales is a Thriving Community
o Community relationships and partnerships
o Youth success
o City awards
• Empowering and Engaging Youth for 10 years
o The Gonzales Way brand started because of the youth
o Youth are seen as assets not liabilities by city leadership and staff o Impact the program has had on city departments and staff mentoring youth o Program helps develop youth to be their own leaders
o Youth impacted by the program, full circle stories
o South County cities developing youth councils because of impact of Gonzales’ program
• Teen Innovation Center
o 10 years later the youth’s vision is a reality
Packet Pg. 68
Attachment: Agreement with Armanasco Public Relations, Inc. (3047 : Agreement with Armanasco Public Relations, Inc. for Public Relations Consulting Services Agreement between
City of Gonzales and Armanasco Public Relations, Inc. - Exhibit A Page 2 of 2 o Youth’s broader vision and engagement in the design of the entire community center
Strategic Counsel
APR will continue to facilitate monthly conference calls with the City Manager to discuss the status of city projects, current programs and initiatives, opportunities to develop positive news coverage about the City, and provide strategic counsel as needed.
Budget
The monthly budget to implement the scope of work outlined above is $6,500.00 per month. In addition to professional fees, all out-of-pocket expenses for items such as graphics and printing will be billed at cost. If major out-of-pocket expenses are incurred, they will be billed directly to the client. No single out-of-pocket expense of more than $200.00 will be incurred without prior approval.
Conclusion
The ability to have public relations experts available to support city staff and engage in public outreach efforts is a valuable asset. This is an area that requires a level of expertise, contacts, and relationships developed over time, and needs an ongoing effort and focus to continue momentum and create positive exposure.
We look forward to continuing our work with the City of Gonzales and sharing the remarkable stories that highlight this community and The Gonzales Way.
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Attachment: Agreement with Armanasco Public Relations, Inc. (3047 : Agreement with Armanasco Public Relations, Inc. for Public Relations
City of Gonzales July 2021 – June 2024 Contract
Summary of Work
Our Role
Since 2015 Armanasco Public Relations has been actively engaged in promoting the City of Gonzales--focusing on the City’s uniqueness, responsiveness to development, community partnerships, economic/environmental sustainability, youth empowerment, and proactive efforts to build a healthy community. In addition to promoting the Gonzales’ many accomplishments, primarily through media relations, we have been a resource for city leadership for grant writing, award applications, message development, and various other writing projects.
Objective of our Work
• Increase awareness of the City’s accomplishments and promote the success of the community
• Position the City as a regional leader
• Promote Gonzales’ Economic Development vision, …” safe, healthy, diverse, sustainable community with small town charm…”
• Draw attention to city leadership’s forward-thinking approach to projects and the strong relationships and partnerships that have been developed Over the last three years our efforts have increased the overall awareness of Gonzales, provided the city grant funds, boosted economic development in Gonzales, strengthened and expanded partnerships, and the positive exposure can help to increase the opportunities available for future funding.
Summary of our Work 2021-2024
Award Applications
• 2022 League of California Cities Helen Putnam Award for Excellence, Ruth Vreeland Award for Engaging Youth in City Government for the Gonzales Youth Council Mental Health Project
• 2023 National Civic League All-America City Award & developed talking points for team’s presentation in Denver
Grant Writing Assistance
• 2021 and 2022 US Conference of Mayors Childhood Obesity Prevention – Healthy Gonzales Initiative - received $25K
• 2024 worked with city leadership to develop a white paper outlining fire department needs. This information has been used in several grant applications. • 2024 Department of Water Resources (DWR) grant for a mass notification system to notify residents during emergencies – $49,875.00 grant tentatively approved on March 19th. Final decision pending.
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Attachment: Summary of Work Performed 2021-2024 (3047 : Agreement with Armanasco Public Relations, Inc. for Public Relations Services) • 2024 Office of Transportation Safety (OTS) Emergency Medical Service grant for new extrication rescue tools – $42,933 grant tentatively approved on July 8th • 2024 FEMA AFG grant application for new fire engine – grant review in process, decision pending
Marketing Pieces
• 2021 Coastal Grower Ad: Microgrid Project
• 2022 Monterey Bay Economic Partnership Ad
Other Writing Project
• 2021 letter to President Biden regarding 90% vaccination rate • 2021 letter to Congressman Panetta to support microgrid act • 2022 Gonzales Growth whitepaper about housing needs
• 2023 League of California Cities Helen Putnam award article • 2023-2024 State Budget Request Report Documents Rivas and Caballero’s offices (wastewater treatment facility)
• 2024 article for Monterey County Business Council Program – Community Builder Award Media Relations: Press releases and media pitching
• Articles Written by Syndicated Columnist Joe Matthew’s: Zocalo, Connecting California o 2021 The Huge Electric Leadership of a Small California Town o 2021 What Makes a Good Small Town? Small Towns Can Create Big Change o 2021 Why California’s Lettuce Lands are Unlikely Vaccination Leaders o 2021 Q&A with Gonzales City Manager Rene Mendez
o 2022 It takes a Village to Tackle the Teen Mental Health Crisis • Articles Written by APR for Coastal Grower
o Summer 2021 Coastal Grower: New Microgrid in Gonzales Promises Major Benefits
o Fall 2023 Coastal Grower: The City of Gonzales is Getting Closer to Building a Major Community Center
• Press Releases
o APR wrote 89 press releases between 2021-2024. As a result of our press releases and media pitching 110 articles have been written about Gonzales during that time.
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Attachment: Summary of Work Performed 2021-2024 (3047 : Agreement with Armanasco Public Relations, Inc. for Public Relations Services) City of Gonzales
CITY ATTORNEY
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: July 22, 2024
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, City Manager
SUBJECT: Resolution No. 2024-51 Approving a Telecommunication Easement Agreement Between the City of Gonzales and TPA VI, LLC, Concerning the Acquisition of Lease Agreements with Verizon and T-Mobile for Cellular Tower Sites on the City Water Tower at 700 5Th Street
RECOMMENDATION
It is recommended that your Council consider and adopt Resolution No. 2024-51, A Resolution of the City Council of the City of Gonzales Approving a Telecommunication Easement Agreement Between the City of Gonzales and TPA VI, LLC, Concerning the Acquisition of Lease Agreements With Verizon and T-Mobile for Cellular Tower Sites on the City Water Tower at 700 5th Street.
BACKGROUND
The City currently has two cellular tower lease agreements, one each with Verizon and T-Mobile, for wireless communication facilities on the City’s Water Tower located at 700 5th Street. As was previously discussed with and considered by Council, the City has the opportunity to maximize the value of these assets with an up-front one-time lump-sum lease payment, rather than smaller monthly payments over time, by selling its lease rights to a qualified outside party.
Per Council approval, Consultant SteepSteel, LLC marketed the aforesaid leases on behalf of the City to prospective, highly qualified bidders and thereafter began negotiations based on the best response received from TowerPoint Acquisitions, LLC. On May 6, 2024, the Council approved Resolution No. 2024-13 authorizing the City Manager to enter into a Letter of Intent with TowerPoint related to the prepayment of lease agreements with Verizon and T-Mobile and authorizing negotiation of an Easement Agreement for lease prepayment.
REVIEW & ANALYSIS
AGENDA
ITEM
17 Packet Pg. 72
Staff has been able to negotiate the essential terms and conditions of an Easement Agreement with TowerPoint (DBA “TPA VI, LLC.”). Although the original Letter of Intent between the parties anticipated a 100-year term agreement, difficulties involving the length of the term caused the parties to consider and agree upon a shorter 55-year term for a purchase price of $1,425,000.00. The terms and conditions of the Easement Agreement are substantially similar to those that were entered into with TowerPoint in the City of Soledad in 2022. Basically, TowerPoint is stepping into the City’s shoes and will be entitled to collect and retain lease payments from Verizon and T-Mobile on a monthly basis. They will also have the right to seek replacement leases should the leases with Verizon and/or T-Mobile terminate, and to seek additional cellular users for the Water Tower, with the City receiving 60% of new revenues. Finally, they will also be entitled to an additional 550 sq ft. of space, as necessary, for placement of equipment needed to serve new users. The City will still retain permitting and approval authority as to new users.
Although the Agreement is not in final form, time is of the essence in this matter and Staff is requesting that the Council approve the Easement Agreement as to substantial form and content, with direction and authority being provided to the City Manager to execute the document once it has been determined by the Manager, Finance Director and City Attorney to be in acceptable final form. Staff anticipates that we will be able to iron-out final details within a few days and quite possibly by the time this matter is considered at Monday’s meeting.
Staff has determined that the proposed Agreement is exempt from analysis under the California Environmental Quality Act (“CEQA”) pursuant to the Class 32 Infill Exemption (CEQA Guidelines Section 15332), or because it is not a project for the purposes of CEQA since it has no potential for resulting in either a direct or indirect impact on the environment- CEQA Guidelines Section 15378.) Explain Recommendation and How it Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.
Explain: The advance lump-sum payment of cellular lease revenues that would have otherwise been paid on an incremental basis over a course of years will provide much needed financial assistance to current efforts to maintain the City’s vision.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ___No ___ NA
Explain: Please see above.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes ____No __NA
• Housing X Yes ____No NA
• Recreation X Yes ____No NA
• Environment X Yes ____No __NA
• Education X Yes ____No NA
Explain: Please see above.
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ALTERNATIVES
Your Council has the following alternatives:
• Approve Resolution No. 2024-51.
• Modify, delete and/or add to the language of the proposed resolution or Easement Agreement. • Do not approve Resolution No. 2024-51and provide direction. This is not recommended as failure to close this transaction in July may jeopardize funding for the proposed lease acquisition.
BUDGET IMPACT
The City currently receives approximately $6,021 per month or just under $72,300 per year in lease revenue from the two existing cellular tower leases. The proposed Agreement will result in a onetime advanced lump-sum payment of $1,425,000.00 in addition to 60% of new lease revenue that may be derived from the Water Tower over the course of the Agreement’s 55-year term.
CONCLUSION
It is recommended that your Council consider and adopt Resolution No. 2024-51, A Resolution of the City Council of the City of Gonzales Approving a Telecommunication Easement Agreement Between the City of Gonzales and TPA VI, LLC, Concerning the Acquisition of Lease Agreements With Verizon and T-Mobile for Cellular Tower Sites on the City Water Tower at 700 5th Street.
Attachments:
1. Resolution No. 2024-51
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RESOLUTION NO. 2024-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
APPROVING A TELECOMMUNICATIONS EASEMENT AGREEMENT BETWEEN
THE CITY OF GONZALES AND TPA VI, LLC, CONCERNING THE ACQUSITION
OF LEASE AGREEMENTS WITH VERIZON AND T-MOBILE FOR CELLULAR TOWER SITES ON THE CITY WATER TOWER AT 700 5TH STREET
WHEREAS, the City currently has two cellular tower lease agreements, one each with Verizon and T-Mobile, for wireless communication facilities on the City’s Water Tower located at 700 5th Street; and
WHEREAS, the City has the opportunity to maximize the value of these assets with an up-front one-time lump-sum lease payment, rather than smaller monthly payments over time, by selling its lease rights to a qualified outside party; and WHEREAS, per Council approval, Consultant SteepSteel, LLC marketed the aforesaid leases on behalf of the City to prospective, highly qualified bidders and thereafter began negotiations based on the best response received from TowerPoint Acquisitions, LLC; and WHEREAS, on May 6, 2024, the Council approved Resolution No. 2024-13 authorizing the City Manager to enter into a Letter of Intent with TowerPoint related to the prepayment of lease agreements with Verizon and T-Mobile and authorizing negotiation of an Easement Agreement for lease prepayment; and
WHEREAS, City has been able to negotiate the essential terms and conditions of an Easement Agreement with TowerPoint (DBA “TPA VI, LLC.”) for a 55-year term for a purchase price of $1,425,000.00; and
WHEREAS, by the terms of the Easement Agreement, TowerPoint will be entitled to collect and retain lease payments from Verizon and T-Mobile on a monthly basis. They will also have the right to seek replacement leases should the leases with Verizon and/or T-Mobile terminate, and to seek additional cellular users for the Water Tower, with the City receiving 60% of new revenues; and
WHEREAS, although the Agreement is not in final form, time is of the essence in this matter and Staff is requesting that the Council approve the Easement Agreement as to substantial form and content, with direction and authority being provided to the City Manager to execute the document once it has been determined by the Manager, Finance Director and City Attorney to be in acceptable final form.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Gonzales hereby approves an Easement Agreement between the City of Gonzales and TPA VI, LLC, a copy of which is attached hereto as Exhibit A and by this reference incorporated herein, as to substantial form and content and hereby authorizes and provides direction to the City Manager to execute the Packet Pg. 75
Attachment: Resolution No. 2024-51 (3057 : Resolution No. 2024-51 Easement Agreement with TPA VI, LLC for Cell Tower Sites on the Water Agreement once it has been determined by the Manager, Finance Director and City Attorney to be in acceptable final form.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 22nd day of July, 2024, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Jose L. Rios, The Honorable Mayor
ATTEST:
Mary Villegas, Deputy City Clerk
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Record and Return to:
Joseph Mangus
TitleVest Agency, LLC
110 E. 42nd Street, 10th Floor
New York, NY 10017
TitleVest Title No.: TCA939399
Prepared by:
TPA VI. LLC
1170 Peachtree Street, Suite 1650
Atlanta, GA 30309
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE
EASEMENT AGREEMENT
This telecommunication easement and lease assignment agreement (“Agreement”) is made and shall be effective on the ____ day of ____________________, 2024 (“Effective Date”), by and between THE CITY OF GONZALES (“Grantor”) and TPA VI. LLC, a Delaware limited liability company (“Grantee”).
1. Grantor’s Property and the Telecom Tenant Lease. Grantor represents and warrants that it holds fee simple title to certain real property located at 700 5th Street, Gonzales, CA 93926, as more fully described in the legal description attached hereto as Exhibit A (the “Parent Property”). Grantor and TMobile, as successor in interest to Sprint Spectrum Realty Company, L.P. and GTE Mobilnet of California Limited Partnership d/b/a Verizon Wireless (the “Telecom Tenant”) are parties to that certain lease agreement, including all amendments and modifications thereto, cited in Exhibit B and incorporated by reference herein (the “Telecom Tenant Lease”).
2. Grant of Easement. For the sum of TEN AND NO/100 DOLLARS and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge as paid on or about the Effective Date along with the purchase price pursuant to the settlement statement executed contemporaneously with this Agreement (“Purchase Price”), Grantor grants and conveys unto Grantee, its successors and assigns, an exclusive easement (subject to the Telecom Tenant Lease) for the Permitted Use defined herein, together with a non-exclusive access easement for ingress and egress to and from the exclusive easement, seven days per week, twenty-four hours per day and a non-exclusive utility easement to install, replace and maintain utilities servicing the exclusive easement, including, but not limited to the installation of power and telephone service cable, wires, switches, boxes and the like as may be required by the Permitted Use (collectively “Easement” as further described in Exhibit C). Grantor shall permit Grantee, Easement Tenant(s) (as hereinafter defined), and any of their affiliates, customers, tenants, subtenants, lessees, sublessees, licensees, successors and/or assigns
EXHIBIT A
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together with any of the employees, contractors, consultants, and or agents of the foregoing to use the Easement for the installation, construction, operation, maintenance, repair, modification, relocation, replacement and removal of improvements and equipment (“Equipment”) for the facilitation of telecommunications and other related uses consistent with any uses permitted by the Telecom Tenant Lease (“Permitted Use”). Grantor represents that there is no pending or threatened action that would adversely affect Grantor’s ability to enter into this Agreement or grant the Easement and that entering into this Agreement will not violate or conflict with any provision of Grantor’s organizational documents (if Grantor is an organization) or conflict with the provisions of any agreement to which Grantor is a party. Grantor further represents and warrants that Grantee shall have peaceful and quiet possession and enjoyment of the Easement during the term of this Agreement without any disturbance of Grantee’s possession or Permitted Use hereunder. Grantee shall use commercially reasonable efforts to enforce the obligations of each Easement Tenant to comply with applicable law.
3. Term. Commencing on the Effective Date, the term of this Agreement and the Easement shall be for fifty (55) years (the “Term”) and this Agreement and the Easement shall terminate on _________________, 2079. Upon notice to Grantor as provided herein, Grantee may surrender the Easement to Grantor and execute such documents reasonably required to terminate the Agreement and the Easement. Grantor may not unilaterally terminate the Agreement or Easement, but if the Easement is not used for the Permitted Use for a period of three (3) years the Easement shall be deemed abandoned and shall terminate upon Grantor’s notice of such default to Grantee as provided herein. Sections 12 and 13 shall survive expiration or termination of this Agreement, subject to applicable law.
4. Assignment of Lease, Renewal and Right of Replacement. Grantor hereby assigns to Grantee all of Grantor’s right, title and interest in the Telecom Tenant Lease for the Term, including the right to renew the Telecom Tenant Lease throughout the Term. Except as provided herein, Grantee agrees to assume all of Grantor’s rights and obligations under the Telecom Tenant Lease. If Telecom Tenant is obligated under the Telecom Tenant Lease to pay to Grantor any fees (other than base rent and any escalations thereto) for the purpose of utility service or access or tax reimbursement, Grantor shall continue to be entitled to such fees, although Grantee may collect and distribute same to Grantor. Grantor shall continue to perform all obligations of the lessor under the Telecom Tenant Lease which relate to the use, ownership, and maintenance of the Parent Property so that Grantee may fulfill all the obligations under the Telecom Tenant Lease without breaching any provision therein, including, but not limited to, Grantor maintaining the Parent Property in a commercially reasonable condition to allow the Permitted Use of the Easement. Grantor shall not maintain the equipment or installations of any Easement Tenant (hereinafter defined), but shall be responsible and liable for the maintenance of the Water Tower (hereinafter defined) in compliance with any and all applicable laws, statutes, rules and regulations, including but not limited to, those rules and regulations, promulgated by the FCC and FAA regarding painting, marking and lighting of the Water Tower. Grantor represents and warrants that it has delivered to Grantee true and correct copies of the Telecom Tenant Lease and that Grantor owns 100% of the lessor/landlord’s interest in the Telecom Tenant Lease, including the right to collect all rent thereunder.
To the best of Grantor’s knowledge, no party to the Telecom Tenant Lease has breached or is in default of their respective obligations under the Telecom Tenant Lease and no party has requested or discussed a modification or termination of the Telecom Tenant Lease. If during the Term the Telecom Tenant terminates the Telecom Tenant Lease or otherwise vacates the Parent Property, Grantee may lease all or a portion of the Easement to a replacement telecommunications tenant (“Replacement Telecom Tenant”) on terms consistent with the Telecom Tenant Lease and such Replacement Telecom Tenant shall occupy the Easement rather than locating on other portions of the Parent Property (“Replacement Telecom Tenant Lease”). The terms and conditions of any Replacement Telecom Tenant Lease shall be consistent with the terminated Telecom Tenant Lease and no Replacement Telecom Tenant Lease shall include any new or additional obligation of the Grantor and no terms shall be more adverse to Grantor than the replaced Telecom Tenant Lease. Additionally, Grantee shall use commercially reasonable efforts to have any Replacement Telecom Tenant Lease Packet Pg. 78
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include a requirement that Grantor shall have the right to review and approve construction plans prior to commencement of initial construction, such approval not to be unreasonably conditioned, delayed, denied or withheld and without further compensation owed to Grantor. Approval shall be deemed given by Grantor where Grantor has failed to respond at all within thirty (30) calendar days of Grantor’s receipt of such construction plans.
5. Rent Sharing. When a new telecommunications tenant (“Rent Share Tenant”), other than a Replacement Telecom Tenant, executes a lease for space within the Easement outside the Telecom Tenant or Replacement Telecom Tenant lease premises and commences rent payment, Grantee will collect such rent with Grantee retaining forty percent (40%) of the rent collected and Grantee remitting sixty percent (60%) of the rent collected to Grantor. Notwithstanding the foregoing, Grantee shall be entitled to collect and retain rent from all telecommunications tenants within the Easement in an amount equal to the rent scheduled in the existing Telecom Tenant Lease and any Replacement Telecom Tenant Lease, including scheduled escalators. Grantee is permitted and authorized to enter into leases with Rent Share Tenants subject to the requirements for leasing to Replacement Telecom Tenants as set forth in Section 4.
6. Right of First Refusal. Grantor grants to Grantee the right to acquire through assignment, purchase, or other means any lease or similar conveyance for telecommunications purposes in which Grantor retains an interest outside the Easement (“Grantor’s Lease”). Grantor shall deliver to Grantee, a copy of any offer to purchase an interest in Grantor’s Lease. Grantee shall have thirty (30) business days to match the terms of any offer by delivering written notice of Grantee’s intent to match the offer.
7. Cooperation and Non-interference. Grantor hereby agrees to cooperate with Grantee, and Telecom Tenant, Rent Share Tenant and/or Replacement Telecom Tenant (collectively, “Easement Tenants”) in obtaining all licenses, permits or authorizations from all applicable governmental and/or regulatory entities and in acquiring any necessary upgrades to or relocation of utility service to support the Permitted Use. Notwithstanding the foregoing, any such land use application, permit, license or other document submitted shall be subjected to the standard review process and may ultimately be approved or denied by the governmental authority vested in connection with the authority to approve or deny such submittal. Grantor’s cooperation shall be at no cost to Grantor and without requiring payment of additional rent or fees by Grantee or Easement Tenants. Grantor shall not interfere with any construction in the Easement so long as such construction is to support the Permitted Use and is proceeding pursuant to a building permit or other required municipal or governmental approvals.
Grantor shall not, nor shall Grantor permit its lessees, licensees, employees, invitees or agents to, use any portion of the Parent Property or the Easement in a way which materially interferes with the operations of the Easement Tenants who shall have peaceful and quiet possession and enjoyment of the Easement. Grantor may not directly or indirectly induce, invite, or conspire to induce or invite any Easement Tenants to use or lease space in direct competition with the Easement. Notwithstanding anything contained herein to the contrary, no right of Grantee nor duty of Grantor shall interfere with Grantor’s duty to provide for the health, safety and welfare of Grantor’s citizens. Grantee shall cooperate with Grantor in Grantor’s access to the Water Tower for maintenance and repair and shall use commercially reasonable efforts to enforce maintenance and temporary relocation provisions of the Easement Tenant pursuant to the applicable Easement Tenant lease.
8. Assignment. Grantee may pledge, assign, mortgage, grant a security interest, or otherwise encumber its interest created by this Agreement. Grantee may freely assign this Agreement in part or in its entirety, and any or all of its rights hereunder, including the right to receive rent payments subject to the consent requirements of this section. Grantee and Grantor hereby expressly agree that Grantee has the right, (i) in its sole discretion and without the prior consent of Grantor, to assign its interest in this Agreement to any person or entity (a) with a net worth or market capitalization comparable to that of Grantee, (b) that is a wireless telecommunications provider, (c) whose primary business is the operation of Packet Pg. 79
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telecommunications tower sites or rooftop antenna sites on a national scale, or (d) that controls, is controlled by or is under common control with Grantee; and (ii) to assign its interest in this Easement to any other person or entity with the prior written consent of Grantor, which consent shall not be unreasonably withheld, hindered or delayed. Upon the absolute assumption of such assignee of all of the obligations of Grantee under this Agreement, then Grantee will be relieved of all obligations and liabilities hereunder. An assignment of this Agreement shall not be deemed a termination.
9. Taxes and Other Obligations. Except as provided for in the applicable Easement Tenant Lease or otherwise herein, all taxes and other obligations that are or could become liens against the Parent Property or any subdivision of the Parent Property containing the Easement, whether existing as of the Effective Date or hereafter created or imposed, shall be paid by Grantor prior to delinquency or default.
Grantor shall be solely responsible for payment of all taxes and assessments now or hereafter levied, assessed or imposed upon the Parent Property, or imposed in connection with the execution, delivery, performance or recordation hereof, including without limitation any sales, income, documentary or other transfer taxes. If Grantor fails to pay when due any taxes or other obligations affecting the Parent Property, Grantee shall have the right but not the obligation to pay such and demand payment therefor from Grantor, which payment Grantor shall make within ten (10) days of such demand by Grantee.
Nothing herein shall diminish any right of Grantor for tax reimbursement directly from any Easement Tenant, as may be provided for in the applicable Easement Tenant Lease. Each new Easement Tenant Lease shall require the Easement Tenant to be responsible for all ad valorum taxes, non-ad valorum assessments and personal property taxes resulting from the Easement Tenant’s Lease. Notwithstanding anything here to the contrary, so long as the named Grantor City of Gonzales, California or any other tax-exempt agency shall be a party to this Agreement and shall be exempt from taxation, Grantor the City of Gonzales, California or any other tax-exempt agency shall have no obligation hereunder to pay any taxes or assessments on the Parent Parcel or this Easement and nothing herein shall be deemed a waiver of the City of Gonzales, California’s or any other tax-exempt agency’s tax-exempt status
10. Insurance. During the Term, Easement Tenants shall maintain general liability insurance as required under their respective lease and Grantee shall use commercially reasonable efforts to have Easement Tenant include Grantor as an additional insured on all such policies. In the event an Easement Tenant will not agree to include Grantor as an additional insured under such general liability insurance policy, then Grantee shall include Grantor as an additional insured under Grantee’s general liability insurance policy. Grantor shall maintain any insurance policies in place on the Parent Property or as required under the Telecom Tenant Lease.
11. Subordination and Non-Disturbance. Grantee agrees to subordinate this Agreement to any existing or future mortgage or deed of trust on the Parent Property ("Security Instrument"), provided the beneficiary or secured party ("Secured Party") under the Security Instrument agrees for itself and its successors in interest and assigns that Grantee's rights under this Agreement and rights to the Easement shall remain in full force and effect and shall not be affected or disturbed by the Secured Party in the exercise of Secured Party's rights under the Security Instrument during the Term, including Grantee's right to collect and retain, in accordance with the terms of this Agreement, all rents, fees and other payments due from Easement Tenants. Such non-disturbance agreement must apply whether Secured Party exercises its rights under the Security Instrument, including foreclosure, sheriff's or trustee's sale under the power of sale contained in the Security Instrument, and any other transfer, sale or conveyance of Grantor's interest in the Parent Property under peril of foreclosure, including, without limitation to the generality of the foregoing, an assignment or sale in lieu of foreclosure.
12. Mutual General Indemnification. Grantor and Grantee shall each indemnify and hold harmless the other against any and all claims, damages, costs and expenses (including reasonable attorney’s fees and disbursements) caused by or arising out of the indemnifying party’s breach of this Agreement or the negligent acts or omissions or willful misconduct on the Parent Property by the indemnifying party or Packet Pg. 80
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the employees, agents, or contractors of the indemnifying party. Any requirements of Grantor in this Section 11 are only to any limits set forth under applicable state law.
13. Environmental Representations and Indemnification.
a. Grantor represents and warrants that, to the best of Grantor’s knowledge, no pollutants or other toxic or hazardous substances, as defined under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. 9601 et seq., or any other federal or state law, including any solid, liquid, gaseous, or thermal irritant or contaminant, such as smoke, vapor, soot, fumes, acids, alkalis, chemicals or waste (including materials to be recycled, reconditioned or reclaimed) (collectively, “Hazardous Substances”) have been, or shall be discharged, disbursed, released, stored, treated, generated, disposed of, or allowed to escape or migrate (collectively referred to as the “Release”) on or from the Parent Property.
Neither Grantor nor Grantee shall introduce or use any Hazardous Substances on the Parent Property or the Easement in violation of any applicable federal, state or local environmental laws.
b. Grantor and Grantee each agree to defend, indemnify, and hold harmless the other from and against any and all administrative and judicial actions and rulings, claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, cleanup, remedial, removal or restoration work required by any governmental authority, losses, judgments and reasonable attorneys’ fees that the indemnified party may suffer or incur due to the existence or discovery of any Hazardous Substances on the Parent Property caused by the other party. Grantee shall not be responsible for and shall not defend, indemnify or hold harmless Grantor for any Release of Hazardous Substances on or before the Effective Date. Any requirements of Grantor in this Section 12(b) are only to any limits set forth under applicable state law.
14. Dispute Resolution and Notice.
a. Jurisdiction and venue under this Agreement shall be in the state and county the Parent Property is located. The parties may enforce this Agreement and their rights under applicable law, and may seek specific performance, injunction, appointment of a receiver and any other equitable rights and remedies available under applicable law. Money damages may not be an adequate remedy for the harm caused to Grantee by a breach or default by Grantor hereunder, and each party waives the posting of a bond. Except for Grantee’s failure to remit any Rent Share Tenant rents pursuant to Section 5 herein, damages as against Grantee shall be limited to an amount equal to the amount of Purchase Price received by Grantor under this Agreement, in addition to any insurance settlement which may have effect. The prevailing party shall be entitled to an award of its reasonable attorney fees and costs. Neither party shall be liable to the other for consequential, indirect, speculative or punitive damages. Nothing contained herein shall be deemed to prevent Grantor from seeking a separate claim for damages against Easement Tenant.
b. The non-defaulting party shall provide written notice of a default under this Agreement, not more than thirty (30) days from discovery of the default. From the date of such notice, the defaulting party shall have thirty (30) days to cure the default, unless the default cannot be reasonably cured within thirty (30) days in which case the defaulting party shall have such additional time as necessary to cure the default so long as the defaulting party has used commercially reasonable efforts to cure the default and is diligently pursuing completion of the cure, but in no case shall the cure period be longer than sixty (60) days.
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c. All communications shall be delivered by certified mail, return receipt requested or a nationally recognized overnight courier to the address beneath each party’s signature block or such other address as advised to the other party pursuant to this Section. Notice shall be deemed given upon receipt if by certified mail, return receipt requested or one (1) business day following the date of sending, if sent by nationally recognized overnight courier service or upon attempted delivery if delivery is refused or if delivery is impossible because of failure to provide reasonable means for accomplishing delivery.
15. Miscellaneous.
a. The terms and conditions of the existing Telecom Tenant Lease shall govern over any conflicting term of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, Grantor and Grantee acknowledge that this Agreement is subject and subordinate to the Telecom Tenant Lease.
b. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and the successors and assigns of the parties to this Agreement. It is the intention of the parties hereto that all of the various rights, obligations, restrictions and easements created in this Agreement shall run with the Parent Property upon which the Easement is located and be binding upon all future owners and lessees of the Parent Property and all persons claiming under them for the Term.
c. Casualty and Condemnation. In the event of any casualty or condemnation of the Easement in whole or in part, Grantee shall be entitled to receive any insurance proceeds or condemnation award attributable to the value of the Easement.
d. Bankruptcy. Grantee does not consent to rejection in bankruptcy, and Grantor shall provide notice and a copy of any bankruptcy or related filing to Grantee and Grantee’s Lender. d. Severability. If any provision contained in this Agreement (or any portion of such provision) shall be held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement (or any portion of any such provision.)
e. Counterparts. This Agreement may be executed in separate counterparts with each counterpart deemed an original and all of which together shall constitute a single agreement. f. Entire Agreement. This Agreement and any documents, certificates, instruments and agreements referred to herein constitute the entire agreement between Grantor and Grantee.
Without limiting the generality of the foregoing, Grantor acknowledges that it has not received or relied upon any advice of Grantee or its representatives regarding the merits or tax consequences of this Agreement.
[Signature pages and exhibits follow.]
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IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date on page one above.
GRANTOR: CITY OF GONZALES
_______________________________________________
Carmen Gil, City Manager
Grantor Notice Address:
City of Gonzales
147 Fourth Street
Gonzales, California 93926666
Attention: City Manager
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}ss.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date on page one above.
GRANTEE: TPA VI. LLC
_______________________________________________
Jesse M. Wellner, Chief Executive Officer
Grantee Notice Address:
TPA VI. LLC
1170 Peachtree Street, Suite 1650
Atlanta, GA 30309
Attn: Chief Executive Officer
With a copy to:
TPA VI. LLC
1170 Peachtree Street, Suite 1650
Atlanta, GA 30309
Attn: General Counsel
STATE OF GEORGIA
COUNTY OF FULTON
On this ____ day of __________________, 2024, before me, the undersigned notary public, personally appeared Jesse M. Wellner, and proved to me through satisfactory evidence of identification, which was personal knowledge/driver’s license/passport/ ________ (circle one), to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose as Chief Executive Officer of TPA VI. LLC. ________________________________
{affix notary seal or stamp} Notary Public
My Commission Expires:
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EXHIBIT A
LEGAL DESCRIPTION OF THE PARENT PROPERTY
Real property in the City of Gonzales, County of Monterey, State of California described as follows:
Beginning at a point in the Southeastern line of Fifth Street, commonly known as Johnson Canyon County Road, distant therein northeasterly five-hundred-twenty (520) feet from the northwestern corner of the Gonzales Grammar School Lot described in the deed of conveyance thereof recorded Official Records Monterey County Vol. 33 at page 68 and thence running S. 44° 19' E. one-hundred (100) feet; thence northeasterly parallel to said street line one-hundred (100) feet; thence to N. 44°19' W one-hundred (100) feet to said street line; thence southwesterly along said street one-hundred (100) feet to the point of beginning, being a portion of Rincon De La Punta Del Monte Rancho.
APN: 020-133-001-000
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EXHIBIT B
TELECOM TENANT LEASE
1) That certain Communications Facility Site Lease dated October 26, 2001, by and between City of Gonzales, a California municipal corporation and Sprint Spectrum L.P., a Delaware limited partnership, as evidenced by that certain Memorandum of Agreement recorded in Document No. 2001105745 of the Monterey County Recorder’s Office. As amended by that certain First Amendment to Communications Facility Site Lease dated September 9, 2014, by and between City of Gonzales, a California municipal corporation and Sprint Spectrum Realty Company L.P., a Delaware limited partnership. 2) That certain Communications Facility Site Lease dated October 29, 2004, by and between City of Gonzales, a California municipal corporation and GTE Mobilnet of California Limited Partnership d/b/a Verizon Wireless, as evidenced by that certain Memorandum of Lease recorded in Document No. 2004121726 of the Monterey County Recorder’s Office. As amended by that certain First Amendment to Communications Facility Site Lease dated September 6, 2011, by and between the aforesaid parties. As further amended by that certain Second Amendment to Communications Facility Site Lease dated November 4, 2014, by and between the aforesaid parties
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EXHIBIT C
EASEMENT AREA DESCRIPTION
In the event of a discrepancy between the area actually occupied by the existing Telecom Tenant’s equipment and the area described below, the described area shall be understood to also include any portion of the actual used area not captured by the description or as may have been granted to the existing Telecom Tenant that is currently outlined in each Telecom Tenant Lease referenced in Exhibit B. Grantor or Grantee may elect to engage a professional surveyor, the product of which may be substituted upon Purchaser acceptance for the contents herein. The part of the Parent Property described in Exhibit B hereto, on which any equipment exists on the Effective Date together with the portion of the Parent Property used and leased by Grantor as the existing Telecom Tenant lease premises under the Telecom Tenant Lease including but not limited as follows:
Exclusive Easement Area:
Water Tower Location:
Upon that certain property identified on Exhibit A attached hereto, installed and attached to the land and property is that certain existing municipal water tower built which is installed on the Parent Property (“Water Tower”). The Easement area shall include the entire exterior of the Water Tower and the location of all Easement Tenant equipment installed on the ground beneath and around the Water Tower.
Also and including, that certain portion of the Parent Property located at what is commonly known as 700 5th Street, Gonzales, CA 93926, that is co-extensive with the area leased under each Telecom Tenant Lease referenced in Exhibit B attached hereto.
Expanded Easement Area for Additional Telecommunications Tenant(s) That certain additional easement area for attachment of antennas to the exterior of the Water Tower along with equipment ground space on the Parent Property measuring the equivalent total of five hundred (500) square feet in a location to be determined by the telecommunications tenant(s) collocating on the Water Tower with such location approved by the Grantor, such approval not to be unreasonably withheld, conditioned or delayed.
NON-EXCLUSIVE UTILITY EASEMENT and NON-EXCLUSIVE ACCESS EASEMENT SPACE The part of the Parent Property, described in Exhibit B hereto, on which any equipment exists on the Effective Date together with the portion of the Parent Property used by utility providers and leased by Landlord as the existing Telecom Tenant lease premises under each Telecom Tenant Lease including but not limited as follows:
Utilities and Telecommunications. Grantee is herein granted, consistent with the existing Telecom Tenant Leases, a non-exclusive easement in, to, under and over the portions of the Parent Property for ingress and egress to the Easement, shaft ways, chase ways, soffits, risers, columns, crawl spaces, rafters, or any other space for placement of cables, wiring, etc., which is necessary to install, operate and maintain the telecommunications equipment and/or personal property, together with the right to use such easement for the development, repair, maintenance and removal of utilities and/or cables providing service to the Easement and any related activities and uses.
Access. Grantee is herein granted, consistent with the existing Telecom Tenant Lease, all rights of ingress and egress to and from the Easement, across the Parent Property described in Exhibit A hereto, providing access to a publicly dedicated roadway, along with the right to use such access easement for the development, repair, maintenance and removal of utilities providing service to the Easement and any related activities and uses.
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PUBLIC WORKS / CITY ENGINEER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: July 22, 2024
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, City Manager
SUBJECT: Resolution No. 2024-40 and Resolution No. 2024-41 California Breeze Assessment Districts Annual Assessments Increases
RECOMMENDATION
Staff recommends that the City Council:
1. Conduct a public hearing on the proposed increases to the annual assessments for the California Breeze Benefit Assessment District and the California Breeze Parks and Open Space Assessment District.
2. Accept comments, accept ballots (if any), and close the public hearing.
3. Continue the item to later in the meeting to allow the City’s consultant to tabulate the submitted ballots.
4. Reopen matter to announce outcome of election. If proposed assessment increases are approved by majority vote, adopt resolutions establishing new assessment rates in California Breeze Benefit Assessment District and California Breeze Parks and Open Space Assessment District. If there is a majority protest to the proposed assessment increases, take no action on the attached resolutions.
5. Adopt Resolution No. 2024-40, A Resolution of the City Council of the City of Gonzales Conducting a Public Hearing, Considering All Assessment District Protests, Approving the Engineer’s Report, and Confirming the Levy of the California Breeze Benefit Assessment District NOS. 1, 2 and 3 for the Fiscal Year 2024-2025
AGENDA
ITEM
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6. Adopt Resolution No. 2024-41, A Resolution of the City Council of the City of Gonzales Conducting a Public Hearing, Considering All Assessment District Protests, Approving the Engineer’s Report, and Confirming the Levy of the California Breeze Parks and Open Space Assessment Districts NOS. 1, 2, and 3 for Fiscal Year 2024-2025.
BACKGROUND
The California Breeze Benefit Assessment District provides funding for the maintenance of the roadways, streetlights, storm drains, retention basins in the subdivision. The California Breeze Parks and Open Space Assessment District provides funding for public landscaping and irrigation systems along Herold Parkway and in Meyer Park.
The California Breeze Assessment Districts were the first assessment districts established by the City.
The formation documents for these districts did not include an annual Consumer Price Index (CPI) adjustment to the Maximum Annual Assessment amount (the other six districts have an annual CPI adjustment). Therefore, the assessments for the California Breeze Districts have not kept up with inflation and the City’s General Fund has been subsidizing the districts’ expenses for the last several years. As of June 30, 2024, California Breeze has a negative balance of $252,187.
This effort to increase these California Breeze Assessments is being done in parallel with the annual assessments efforts for this subdivision based on the current maximum assessment, should the Prop 218 process to increase the maximum assessment fail.
REVIEW & ANALYSIS
The Engineer Reports for the two districts, as prepared by Harris Associates, are attached.
As presented at the June 3, 2024, Council meeting, staff recommended that the new maximum assessment amount be phased in over a three-year period for the Benefit Assessment District. The table below shows the proposed annual assessment amounts over the three-year phase-in period:
California Breeze Benefit Assessment District
Subdivision
Phase
Current
Assessment
FY 2023/24
Proposed
Assessment
FY 2024/25
Proposed
Assessment
FY 2025/26
Proposed
Assessment
FY 2026/267
Phase 1 $187.00 $287.34 $366.33 $392.67
Phase 2 $185.34 $287.34 $366.33 $392.67
Phase 3 $234.38 $287.34 $366.33 $392.67
As presented at the June 3, 2024, Council meeting, staff recommended that the new maximum assessment amount be phased in over a four-year period for the Parks and Open Space Assessment District. The table below shows the proposed annual assessment amounts over the four-year phase-in period:
California Breeze Parks and Open Space Assessment District Subdivision
Phase
Current
Assessment
FY 2023/24
Proposed
Assessment
FY 2024/25
Proposed
Assessment
FY 2025/26
Proposed
Assessment
FY 2026/27
Proposed
Assessment
FY 2027/28
Phase 1 $227.00 $325.00 $406.26 $507.82 $574.94
Phase 2 $227.00 $325.00 $406.26 $507.82 $574.94
Phase 3 $271.76 $325.00 $406.26 $507.82 $574.94
Packet Pg. 90
PROPOSITION 218 BALLOT PROCESS
The authority and process for increasing assessments, enacted by voters in California by the passage of Proposition 218 in 1996, is set forth in Articles XIII C and Section 4 of Article XIII D of the California Constitution. The process, as detailed in the Engineer’s Report for each District, requires assessment increases to be put to a vote of impacted property owners via a noticed procedure. The written assessment notices, ballots, and addressed return envelopes were mailed to property owners of record in the involved assessment districts on June 7, 2024. Mailing the ballots on June 7 fulfills the requirement for ballots to be mailed at least 45 days prior to the scheduled public hearing date. The public notice for the public hearing was published in the July 10 edition of the Salinas Valley Tribune Tonight’s public hearing is to consider objections and protests to the proposed assessments. At the conclusion of public testimony, the City Consulting Assessment Engineer will open and count the submitted ballots. During the count, this matter will be paused to allow time to tabulate the ballot results.
Once the ballots are counted, this matter will be resumed to allow the Consulting Assessment Engineer to announce the results of the election and to allow the Council to consider action on the proposed new assessments. If the ballots submitted in opposition to the proposed assessment increases do not exceed the number of ballots submitted in favor, the Council may approve the increased assessment amounts.
Once approved, the Tax Rolls would be provided to the County of Monterey Tax Assessor by August 1 for inclusion on the property tax rolls for Fiscal Year 2024/25.
If the proposed assessment increases are not approved, the Council will move forward with the process of levying the existing unadjusted California Breeze assessments for FY 2024-2025 by way of separate action this evening.
Explain Recommendation and How it Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small town charm.
Explain: Increasing the assessments in a phased-in approach for the two California Breeze Assessment Districts will fully fund the costs for the specified maintenance efforts.
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
Explain: Collection of the assessments provides funds for the maintenance of a variety of improvements that enhance the quality of life in the subdivision.
City services will be delivered in a cost-effective, respectful and friendly manner to ensure the safety and well being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. X Yes No Explain: See above Vision.
Packet Pg. 91
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes No X NA
• Housing _ Yes No NA
• Recreation X Yes No NA
• Environment X Yes No NA
• Education Yes No X NA
Explain: Collection of the annual assessments enables the City to maintain specific improvements in the California Breeze subdivision.
ALTERNATIVES
- If approved by the voters, the Council may approve the new assessments in the California Breeze Assessment Districts.
- If not approved, the Council should adopt the assessments for the California Breeze Assessment Districts proposed via a separate Council action on this evening’s agenda
BUDGET IMPACT
Moving through a Proposition 218 process to increase the annual assessment amounts and include an annual Consumer Price Increase for the two California Breeze Assessment Districts would provide for these Districts to fully fund operations and maintenance of these respective districts.
If the ballot measures are not approved, the existing California Breeze assessments are not sufficient to fund the various maintenance efforts in each assessment district. The City Council will need to decide whether to continue backfilling the budget deficits with General Fund monies or reduce the maintenance efforts to a level that can be funded with the current assessments.
CONCLUSION
Staff recommends that the City Council:
1. Conduct a public hearing on the proposed increases to the annual assessments for the California Breeze Benefit Assessment District and the California Breeze Parks and Open Space Assessment District.
2. Accept comments, accept ballots (if any), and close the public hearing.
3. Continue the item to later in the meeting to allow the City’s consultant to tabulate the submitted ballots.
4. Reopen matter to announce outcome of election. If proposed assessment increases are approved by majority vote, adopt resolutions establishing new assessment rates in California Breeze Benefit Assessment District and California Breeze Parks and Open Space Assessment District. If there is a majority protest to the proposed assessment increases, take no action on the attached resolutions.
5. Adopt Resolution No. 2024-40, A Resolution of the City Council of the City of Gonzales Conducting a Public Hearing, Considering All Assessment District Protests, Approving the Engineer’s Report, and Confirming the Levy of the California Breeze Benefit Assessment District NOS. 1, 2 and 3 for the Fiscal Year 2024-2025
Packet Pg. 92
6. Adopt Resolution No. 2024-41, A Resolution of the City Council of the City of Gonzales Conducting a Public Hearing, Considering All Assessment District Protests, Approving the Engineer’s Report, and Confirming the Levy of the California Breeze Parks and Open Space Assessment Districts NOS. 1, 2, and 3 for Fiscal Year 2024-2025.
Attachments:
1. Resolution 2024-40 Ca Breeze Benefit
2. Resolution 2024-41 Ca Breeze P&OS
3. Public Hearing Notice
4. Engineers Report for California Breeze Benefit Assessment District
5. Engineers Report for California Breeze Parks and Open Spaces Assessment District Packet Pg. 93
RESOLUTION NO. 2024-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
CONDUCTING A PUBLIC HEARING, CONSIDERING ALL ASSESSMENT DISTRICT
PROTESTS, APPROVING THE ENGINEERS REPORT, AND CONFIRMING THE LEVY OF THE CALIFORNIA BREEZE BENEFIT ASSESSMENT DISTRICT NOS. 1, 2 AND 3 FOR FISCAL YEAR 2024-2025
WHEREAS, Proposition 218 was adopted on November 6, 1996, adding Articles XIIIC and XIIID to the California Constitution which allows for the establishment of Assessment Districts whereby such assessments are not considered a tax; and
WHEREAS, under Articles XIIIC and XIIID of the State Constitution impose certain procedural and substantive requirements relating to the imposition of assessments; and the City has met those procedural and substantive requirements for formation of an Improvement District and imposition of assessments on those lands specially benefited from those assessments proportional to the benefits conveyed to the public; and
WHEREAS, The California Breeze Assessment Districts were established in the early 1990’s as the Final Maps for the three phases of the California Breeze Subdivision. The Assessment Districts were the first assessment districts formed by the City and the formation documents for these districts did not include an annual Consumer Price Index (CPI) adjustment to the Maximum Annual Assessment amount.
WHEREAS, The assessment districts are designated by the following distinctive names:
California Breeze Benefit Assessment District No. 1, California Breeze Benefit Assessment District No. 2, and California Breeze Benefit Assessment District No. 3. The assessment districts are generally described as follows:
California Breeze Benefit Assessment District No. 1 - a district bounded on the east by Herold Parkway, on the west by US Route 101, on the south by a line approximately 3200 feet south of Fifth Street, and on the north by Fifth Street.
California Breeze Benefit Assessment District No. 2 - a district bounded on the east by Herold Parkway, on the west by US Route 101, on the south by a line approximately 4300 feet south of Fifth Street, and on the north by California Breeze Phase I.
California Breeze Benefit Assessment District No. 3 - a district bounded on the east by Herold Parkway, on the west by US Route 101, on the north by a line approximately 4300 feet south of Fifth Street, and on the south by a line approximately 5100 feet south of Fifth Street.
WHEREAS, the annual assessments for the California Breeze Districts have not kept up with inflation and the City’s General Fund has been subsidizing the district expenses for the last several years.
WHEREAS, on February 20, 2024, the City Council of the City of Gonzales authorized a contract with Harris and Associates to preparate an Engineer’s Report for the California Breeze Benefit Assessment District No. 1, 2 and 3 (the “Districts”); and Packet Pg. 94
Attachment: Resolution 2024-40 Ca Breeze Benefit (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Breeze Assessment Districts WHEREAS, pursuant to the Act, Harris & Associates, the designated Engineer of Work of the City of Gonzales (the “City”) filed an Engineer’s Report (the “Report”) with the City Clerk for the Districts; and
WHEREAS, the Engineers Report calculated the amount to be assessed per parcel in a manner that fairly distributes the amount among all assessable parcels; and WHEREAS, the City Council of the City of Gonzales initiated a Proposition 218 proceeding to increase the maximum annual assessments of the Districts in conformity with Government Code Section 53753 and Article XIIID of the California Constitution; to fully fund the annual operations and maintenance activities; and
WHEREAS, the City Council of the City of Gonzales, at their June 3, 2024 meeting, adopted Resolution 2024-30 Approving The Engineer’s Report, declaring its intention to increase the maximum annual assessment and include an annual inflationary adjustment for the District; and set the Public Hearing for July 22, 2024; and
WHEREAS, the written mailed public notice of the public meeting contained the following information: (a) the total amount of assessments proposed to be levied within the Assessment for fiscal year 2024-2025; (b) the assessment chargeable to each owner’s parcel; (c) the reason for the assessment; (d) the basis upon which and how the amount of the proposed assessment was calculated; (e) the date, time and place of the public hearing as specified in this resolution; and (f) a summary of the voting procedures and the consequences of a majority protest against the assessment increase.
WHEREAS, The form of the written mailed public notice also included an Assessment Ballot by which each property owner could express their support or opposition to the proposed assessment. The ballot indicated that it must be returned before the conclusion of the public hearing on July 22, 2024, in order to be valid and counted, and that all assessment ballots received by the City, would be tabulated after the conclusion of the public hearing where any protest could be heard, and any other additional public testimony would be received and fully considered at the July 22, 2024 hearing; and
WHEREAS, pursuant to the provisions of California Constitution Article XIII-D, an opportunity for protest has been afforded, public testimony allowed, and the assessment ballots mailed to owners of assessable real property in the Assessment District, have been received and publicly tabulated by the Assessment Engineer, with assessment ballots weighted according to the proportional financial obligation of each affected parcel; and NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Gonzales as follows:
1. The above recitals are true and correct and are fully incorporated as the foundation for the Findings themselves; and
2. The tabulation of the assessment ballots submitted by property owners is complete and certified by the City Clerk of the City Gonzales, and the votes cast are as follows:
Packet Pg. 95
Attachment: Resolution 2024-40 Ca Breeze Benefit (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Breeze Assessment Districts Total Number of Valid Ballots Processed: _______
Total Assessment Amount of Valid Ballots: $______
Total Number of “Yes” Votes Processed: _______
Total Assessment Amount of “Yes” Votes Processed: $______ Percentage of “Yes” Votes, unweighted: ___%
Total Percentage of “Yes” Ballots, Weighted by Assessment: ___% Total Number of “No” Votes Processed: ________
Total Assessment Amount of “No” Votes Processed: $_______ Percentage of “No” Votes, unweighted ___%
Total Percentage of “No” Ballots, Weighted by Assessment: ___% Total Number of “Invalid” Ballots Processed: ______
Total Assessment Amount of “Invalid” Ballots Processed: $______
3. ____ assessment ballots were returned and received prior to the close of the public hearing on July 22, 2024. This represents a _____% ballot return rate on the 330 ballots mailed. Of the assessment ballots returned, _____ assessment ballots were declared invalid, in that they were either not marked with a “Yes” or “No”, were marked with both a “Yes” and a “No”, were not signed, or the property ownership and barcode information was illegible.
As determined by ballots cast, on an unweighted basis, ____% of the property owners cast ballots in support of the measure. As determined by ballots cast, as weighted according to the amount of assessment for each parcel, ____% of the property owners cast ballots in support of the increase to the maximum annual assessment.
BE IT FURTHER RESOLVED by the City Council of the City of Gonzales, that:
1. The Final Engineer’s Report for the San Dieguito Drive Improvement District Assessment, together with the diagram and boundary map of the Assessment contained therein, and the proposed assessment roll for fiscal year 2024-2025 are hereby confirmed and approved; and
2. That based on the oral and written evidence, specifically including the Engineer’s Report, presented at the public hearing, the City Council expressly finds and determines that: (a) each of the assessed lots within the Assessment will be specially benefited by the Improvements (as described in the Engineer’s Report) in at least the amount of the Assessment apportioned against such lots and parcels of land, respectively; and (b) that there is substantial evidence to support these findings and to determine that the special benefits Packet Pg. 96
Attachment: Resolution 2024-40 Ca Breeze Benefit (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Breeze Assessment Districts provided to the properties within the Assessment District are fair and reasonable and proportional to the general benefits conveyed to the; and
3. That assessments shall be levied at the as presented in this table:
Subdivision
Phase
Current
Assessment
FY 2023/24
Proposed
Assessment
FY 2024/25
Proposed
Assessment
FY 2025/26
Proposed
Assessment
FY 2026/267
Phase 1 $187.00 $287.34 $366.33 $392.67
Phase 2 $185.34 $287.34 $366.33 $392.67
Phase 3 $234.38 $287.34 $366.33 $392.67
4. A certified copy of this resolution shall be filed with the Auditor of the County of Monterey (“County Auditor”). Upon such filing, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the Assessment. The assessments shall be collected at the same time and in the same manner as County taxes are collected and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. After collection by the County, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the City of Gonzales; and
5. The collected monies representing the annual assessments shall be deposited in a separate fund established under the distinctive designation of the California Breeze Benefit Assessment Districts No. 1, 2, and 3 and not in any way comingled with other funds. Funds collected from this Assessment District shall be expended only for the special benefit of parcels within the California Breeze Benefit Assessment Districts No. 1, 2, and 3; and PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 22nd day of July, 2024, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Jose L. Rios, The Honorable Mayor
I, the undersigned Deputy City Clerk, hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Gonzales, California, at a regular meeting thereof held on the 22nd day of July, 2024, by the above-stated vote of the members thereof, a majority being present.
Dated: July 22, 2024
Mary Villegas, Deputy City Clerk
Packet Pg. 97
Attachment: Resolution 2024-40 Ca Breeze Benefit (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Breeze Assessment Districts RESOLUTION NO. 2024-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
CONDUCTING A PUBLIC HEARING, CONSIDERING ALL ASSESSMENT DISTRICT PROTESTS, APPROVING THE ENGINEER’S REPORT, AND CONFIRMING THE LEVY
OF THE CALIFORNIA BREEZE PARKS AND OPEN SPACE ASSESSMENT DISTRICTS NOS. 1, 2 AND 3 FOR FISCAL YEAR 2024-2025
WHEREAS, Proposition 218 was adopted on November 6, 1996, adding Articles XIIIC and XIIID to the California Constitution which allows for the establishment of Assessment Districts whereby such assessments are not considered a tax; and
WHEREAS, Articles XIIIC and XIIID of the State Constitution impose certain procedural and substantive requirements relating to the imposition of assessments and the City has previously met those procedural and substantive requirements for formation of an Improvement District and imposition of assessments on those lands specially benefited from those assessments proportional to the benefits conveyed to the public; and
WHEREAS, The California Breeze Assessment Districts were established in the early 1990’s as the Final Maps for the three phases of the California Breeze Subdivision were approved by the Gonzales City Council. The Assessment Districts were the first assessment districts formed by the city and the formation documents for these districts did not include an annual Consumer Price Index (CPI) adjustment to the Maximum Annual Assessment amount; and WHEREAS, the assessment districts are designated by the following distinctive names:
California Breeze Parks and Open Space District No. 1, California Breeze Parks and Open Space District No. 2, and California Breeze Parks and Open Space District No. 3. The assessment districts are generally described as follows:
• California Breeze Parks and Open Space District No. 1 - a district bounded on the east by Herold Parkway, on the west by US Route 101, on the south by a line approximately 3200 feet south of Fifth Street, and on the north by Fifth Street. • California Breeze Parks and Open Space District No. 2 - a district bounded on the east by Herold Parkway, on the west by US Route 101, on the south by a line approximately 4300 feet south of Fifth Street, and on the north by California Breeze Phase I. • California Breeze Parks and Open Space District No. 3 - a district bounded on the east by Herold Parkway, on the west by US Route 101, on the north by a line approximately 4300 feet south of Fifth Street, and on the south by a line approximately 5100 feet south of Fifth Street; and
WHEREAS, the annual assessments for the California Breeze Districts have not kept up with inflation and the City’s General Fund has been subsidizing the district expenses for the last several years; and
WHEREAS, on February 20, 2024, the City Council of the City of Gonzales authorized a Packet Pg. 98
Attachment: Resolution 2024-41 Ca Breeze P&OS (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Breeze Assessment Districts contract with Harris and Associates to prepare an Engineer’s Report for the California Breeze Parks and Open Space District No. 1, 2 and 3 (the “Districts”) that would contemplate an increase in the annual assessments that would be commensurate with the actual costs of operating and maintaining district improvements and include a new annual Consumer Price Index (CPI) adjustment to the Maximum Annual Assessment; and
WHEREAS, pursuant to the Act, Harris & Associates, the designated Engineer of Work of the City of Gonzales (the “City”) filed an Engineer’s Report (the “Report”) with the City Clerk for the Districts; and
WHEREAS, the Engineer’s Report calculated the amount to be assessed per parcel in a manner that fairly distributes the amount among all assessable parcels; and WHEREAS, the City Council of the City of Gonzales initiated a Proposition 218 proceeding to increase the maximum annual assessments of the Districts in conformity with Government Code Section 53753 and Article XIIID of the California Constitution to fully fund the annual operations and maintenance activities; and
WHEREAS, the City Council of the City of Gonzales, at their June 3, 2024 meeting, adopted Resolution 2024-30 Approving The Engineer’s Report, declaring its intention to increase the maximum annual assessment and include an annual inflationary adjustment for the Districts and set the Public Hearing for the matter for July 22, 2024; and WHEREAS, the written mailed public notice of the public meeting contained the following information: (a) the total amount of assessments proposed to be levied within the Assessment for fiscal year 2024-2025; (b) the assessment chargeable to each owner’s parcel; (c) the reason for the assessment; (d) the basis upon which and how the amount of the proposed assessment was calculated; (e) the date, time and place of the public hearing as specified in this resolution; and (f) a summary of the voting procedures and the consequences of a majority protest against the assessment increase; and
WHEREAS, the form of the written mailed public notice also included an Assessment Ballot by which each property owner could express their support or opposition to the proposed assessment. The ballot indicated that it must be returned before the conclusion of the public hearing on July 22, 2024, in order to be valid and counted, and that all assessment ballots received by the City would be tabulated after the conclusion of the public hearing where any protest could be heard, and any other additional public testimony would be received and fully considered at the July 22, 2024 hearing; and
WHEREAS, pursuant to the provisions of California Constitution Article XIII-D, an opportunity for protest has been afforded, public testimony allowed, and the assessment ballots mailed to owners of assessable real property in the Assessment District have been received and publicly tabulated by the City’s Consulting Assessment Engineer, with assessment ballots weighted according to the proportional financial obligation of each affected parcel.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Gonzales as follows:
Packet Pg. 99
Attachment: Resolution 2024-41 Ca Breeze P&OS (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Breeze Assessment Districts
1. The above recitals are true and correct and are fully incorporated herein; and
2. The tabulation of the assessment ballots submitted by property owners is complete and certified by the City Clerk of the City Gonzales, and the votes cast are as follows:
Total Number of Valid Ballots Processed: _______
Total Assessment Amount of Valid Ballots: $______
Total Number of “Yes” Votes Processed: _______
Total Assessment Amount of “Yes” Votes Processed: $______ Percentage of “Yes” Votes, unweighted: ___%
Total Percentage of “Yes” Ballots, Weighted by Assessment: ___% Total Number of “No” Votes Processed: ________
Total Assessment Amount of “No” Votes Processed: $_______ Percentage of “No” Votes, unweighted ___%
Total Percentage of “No” Ballots, Weighted by Assessment: ___% Total Number of “Invalid” Ballots Processed: ______
Total Assessment Amount of “Invalid” Ballots Processed: $______
3. ____ assessment ballots were returned and received prior to the close of the public hearing on July 22, 2024. This represents a _____% ballot return rate on the 330 ballots mailed. Of the assessment ballots returned, _____ assessment ballots were declared invalid, in that they were either not marked with a “Yes” or “No”, were marked with both a “Yes” and a “No”, were not signed, or the property ownership and barcode information was illegible.
As determined by ballots cast, on an unweighted basis, ____% of the property owners cast ballots in support of the measure. As determined by ballots cast, as weighted according to the amount of assessment for each parcel, ____% of the property owners cast ballots in support of the increase to the maximum annual assessment.
BE IT FURTHER RESOLVED by the City Council of the City of Gonzales, that:
1. The Final Engineer’s Report for California Breeze Parks and Open Space District Nos. 1, 2, and 3, together with the diagram and boundary map of the Assessment contained therein, and the proposed assessment roll for fiscal year 2024-2025 are hereby confirmed and approved; and
2. That based on the oral and written evidence, specifically including the Engineer’s Report, Packet Pg. 100 Attachment: Resolution 2024-41 Ca Breeze P&OS (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Breeze Assessment Districts presented at the public hearing, the City Council expressly finds and determines that: (a) each of the assessed lots within the Assessment will be specially benefited by the Improvements (as described in the Engineer’s Report) in at least the amount of the Assessment apportioned against such lots and parcels of land, respectively; and (b) that there is substantial evidence to support these findings and to determine that the special benefits provided to the properties within the Assessment District are fair and reasonable and proportional to the general benefits conveyed to the; and
3. That assessments shall be levied at the as presented in this table:
Subdivision
Phase
Current
Assessment
FY 2023/24
Proposed
Assessment
FY 2024/25
Proposed
Assessment
FY 2025/26
Proposed
Assessment
FY 2026/27
Proposed
Assessment
FY 2027/28
Phase 1 $227.00 $325.00 $406.26 $507.82 $574.94
Phase 2 $227.00 $325.00 $406.26 $507.82 $574.94
Phase 3 $271.76 $325.00 $406.26 $507.82 $574.94
4. A certified copy of this resolution shall be filed with the Auditor of the County of Monterey (“County Auditor”). Upon such filing, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the Assessment. The assessments shall be collected at the same time and in the same manner as County taxes are collected and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. After collection by the County, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the City of Gonzales; and
5. The collected monies representing the annual assessments shall be deposited in a separate fund established under the distinctive designation of the California Breeze Parks and Open Space Districts No. 1, 2, and 3 and not in any way comingled with other funds. Funds collected from this Assessment District shall be expended only for the special benefit of parcels within the California Breeze Parks and Open Space Districts No. 1, 2, and 3; and PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 22nd day of July, 2024, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Jose L. Rios, The Honorable Mayor
Packet Pg. 101 Attachment: Resolution 2024-41 Ca Breeze P&OS (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Breeze Assessment Districts I, the undersigned Deputy City Clerk, hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Gonzales, California, at a regular meeting thereof held on the 22nd day of July, 2024, by the above-stated vote of the members thereof, a majority being present.
Dated: July 22, 2024
Mary Villegas, Deputy City Clerk
Packet Pg. 102 Attachment: Resolution 2024-41 Ca Breeze P&OS (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Breeze Assessment Districts Packet Pg. 103 Attachment: Public Hearing Notice (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Breeze Assessment Districts Proposed Packet Pg. 104 Attachment: Public Hearing Notice (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Breeze Assessment Districts Proposed
CITY OF GONZALES
FINAL ENGINEER’S REPORT
FISCAL YEAR 2024-25
CALIFORNIA BREEZE BENEFIT ASSESSMENT
DISTRICT FUND #280, 290 & 300
July 2024
PREPARED BY
Harris & Associates
60 W. Alisal Street, Suite 200
Salinas, CA 93901
www.weareharris.com
Packet Pg. 105 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
FINAL ENGINEER’S REPORT
FISCAL YEAR 2024-25
CALIFORNIA BREEZE BENEFIT ASSESSMENT DISTRICT
City of Gonzales
Monterey County
State of California
APPROVED BY THE CITY COUNCIL FOR THE CALIFORNIA BREEZE BENEFIT ASSESSMENT DISTRICT OF THE CITY OF GONZALES, STATE OF CALIFORNIA ON THE _____ DAY OF _________, 2024.
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was filed with me on the _____ DAY OF _________, 2024.
Mary Villegas, Deputy City Clerk
City of Gonzales, Monterey County, CA
_________________________________
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was approved and confirmed by the City Council of the City of Gonzales, California on the ________day of ______________, 2024.
Mary Villegas, Deputy City Clerk
City of Gonzales, Monterey County, CA
__________________________
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was filed with the County Auditor of the County of Monterey on the ________day of ______________, 2024.
Mary Villegas, Deputy City Clerk
City of Gonzales, Monterey County, CA
__________________________
Packet Pg. 106 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
TABLE OF CONTENTS
Table of Contents
Certifications…………………………………………………………………………………………………………………………i Statement of Assessment Engineer…………………………………………………………………………………..….1 Background………………………………………………………………………………………………………………………….3 Plans and Specifications……………………………………………………………………………………………………….5 Estimate of Costs………………………………………………………………………………………………………………….7 Quantification of Benefit…..………………………………………………………………………………………………….8 Method of Apportionment………………………………………………………………………………………………….10 Appendix A – Assessment Roll
Appendix B – District Diagram
Packet Pg. 107 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
1 STATEMENT OF ASSESSMENT ENGINEER
Statement of Assessment Engineer
AGENCY: CITY OF GONZALES
PROJECT: CALIFORNIA BREEZE BENEFIT ASSESSMENT DISTRICT
TO: THE CITY COUNCIL
CITY OF GONZALES
STATE OF CALIFORNIA
PRELIMINARY ENGINEER’S REPORT
FISCAL YEAR 2024-25
Pursuant to the Benefit Assessment Act of 1982, Chapter 6.4 of Part 1 of Division 2 of Title 5 of the Government Code (the “1982 Act”), Article XIII D of the California Constitution (“Article XIII D”) and the Proposition 218 Omnibus Implementation Act (“Proposition 218”) (Government Code Section 53750 and following) and in accordance with the Resolution of Initiation, adopted by the City Council of the City of Gonzales, State of California, in connection with the proceedings for the following District:
CALIFORNIA BREEZE BENEFIT ASSESSMENT DISTRICT
(Hereinafter referred to as the “District”),
I, Alison Bouley, authorized representative of Harris & Associates, the duly appointed ASSESSMENT ENGINEER, submit herewith the “Report” consisting of four (4) parts as follows:
PART I
Background: This part provides a general description of the Proposition 218 process and the reasons the City is proposing to increase assessment and install an annual inflationary adjustment.
PART II
Plans and Specifications: This part provides a general description of improvements being maintained in the District. Plans and specifications for the improvements are on file with the City Clerk.
Packet Pg. 108 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
2 PART III
Estimate of Cost: This part contains the cost estimate of the maintenance including incidental costs and expenses for Fiscal Year 2024-25.
PART IV
Quantification of Benefit: This part identifies, separates, and quantifies the general and special benefits received by each parcel in the District, for the improvements and services provided.
PART V
Method of Apportionment of the Assessments: This part describes the method of apportionment of assessments, based upon parcel classification of land within the District. The costs and expenses of the District have been assessed upon the parcels of land within the boundaries of the District in proportion to the estimated benefits to be received by such parcels.
Appendices
Appendix A – Assessment Roll
Appendix B – Diagrams
In conclusion, it is my opinion that the costs and expenses of the District have been assessed to the lots and parcels within the boundaries of the District in proportion to the estimated benefits to be received by each lot or parcel from the services provided.
DATED this day of July, 2024
___________________________________________
Alison Bouley, P.E., Assessment Engineer
R.C.E. No. C61383
Engineer of Work
Packet Pg. 109 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
3 PART I – BACKGROUND
City Staff has contracted with Harris & Associates (“Harris”) to complete the Engineer’s Report (“Report”) for the proposed increase to the assessment rate for the California Breeze Benefit Assessment District for Fiscal Year 2024/25 and include an annual escalation factor to allow for future increases to the assessment rate, accounting for inflation.
Proposition 218 Requirements
Since Proposition 218 restricts the levying of assessments to only “special benefits”, it is important to separate those benefits which are general benefits from those that provide special benefits to parcels.
In Silicon Valley Taxpayers Association v. Santa Clara Open Space Authority, the Court found that those benefits that relate to “quality of life” to people living in, working in or visiting property located within the boundaries of an assessment district are general benefits and that any benefit conferred on real property as a result must also be considered to be general benefits. Therefore, since a project may provide both general and special benefit, the first requirement in the establishment of an assessment district is to identify and separate what is general benefit from special benefit, since an assessment may only be imposed on a parcel for the special benefit received.
The definition of “special benefit” which was defined in Article XIII D Section 2(i) as “special benefit means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefits.” This was further clarified in the Courts ruling in Dahms v. Downtown Pomona Business Improvement District.
In that case, the plaintiff argued that if the assessment conferred special benefits on the parcels, and those special benefits themselves produce general benefits then the value of those general benefits must be deducted from the cost of providing the special benefits and must not be included in any assessment. The Court found that the text of Article XIII D does not support that argument.
The Court also found that nothing in Article XIII D says or implies that if the special benefits that are conferred also produce general benefits, then the value of those general benefits must be deducted from the reasonable cost of providing the special benefits before the assessments are calculated. Rather, the only cap that provision places on the assessment is that it may not exceed the reasonable cost of the proportional special benefit conferred on that parcel.
Based upon these recent rulings and the requirements of Article XIII D which requires that:
• General benefits must be identified and separated from special benefit, • Assessments proposed to be levied on a parcel may only be imposed for special benefit: and • Assessments must be proportional to the special benefit conferred on a parcel.
On November 5, 1996, California voters adopted Proposition 218 creating Article XIII D of the California State Constitution which established requirements for the creation of new assessments or increasing existing assessments. Proposition 218 also established exemptions to its provisions for districts created prior to its passage.
Packet Pg. 110 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
4 The District is currently deemed exempt from the requirements of Proposition 218 because it was formed prior to the adoption of Proposition 218 in November 1996. As a result, any proposed increase in the assessments, including the addition of a CPI or other annual inflationary adjustment to the existing assessment rate, requires an assessment ballot be mailed to each property owner subject to the increased assessment, and that those property owners must approve the proposed increase or annual adjustment.
In addition to the requirements shown above, any other changes to the Method of Apportionment, resulting in an increased assessment, must also comply with the requirements of Proposition 218.
As of the end of Fiscal Year 2024/2025, the District fund balance is estimated to be $147,746. While that is a healthy fund balance, the District has been using reserves to help pay the annual costs for several years.
Additionally, the District has had a fixed assessment amount since the time the District was formed. While the costs of labor, maintenance and utilities have increased over the years due to inflation, the maximum assessment rates have not changed. As a result, and in addition to the proposed maximum assessment rate increase, the City is also proposing an annual inflationary adjustment to the maximum assessment rates which will allow the assessmentsto be increased to keep up with future maintenance and utility costs as they increase with inflation. This annual inflationary adjustment will be identical to the other Districts in the City and is detailed in Part V of this Report.
Approval Process
Article XIII D of the California Constitution requires that any proposed assessment increase or change to the assessment amount resulting in an increased assessment must go through an approval process which includes a property owner ballot procedure. The procedure is briefly detailed below:
Notice and Ballot
The City Council will approve a Resolution ordering a Notice of Public Hearing and Assessment Ballot be sent to all property owners in the District. One ballot will be provided for each parcel subject to the proposed increase and annual inflationary adjustment. Assessment Ballots and Notice of Public Hearing will be mailed to the record owner(s) of the parcels at least 45 days prior to the date of a Public Hearing. At the close of the Public Hearing, returned ballots will be tabulated (the public will have the opportunity to view the tabulation process) and interested persons can “hear and be heard” concerning the ballot process and the proposed increases and adjustments.
The results of the ballot tabulation will be announced and presented to the City Council following the completion of the tabulation. The Council may impose the changes if there is no majority protest. A majority protest exists if the number of returned ballots opposing the increase outweigh the number of returned ballots in favor of the increase, weighted by assessment amount. If there is a majority protest, then the process will stop and the increased assessment and annual inflationary adjustments will not be imposed.
If approved, the increased assessments will be collected on the annual County property tax bills commencing with Fiscal Year 2024/2025.
Packet Pg. 111 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
5 PART II – PLANS AND SPECIFICATIONS
Plans and Specifications
GENERAL DESCRIPTION OF THE DISTRICT
The California Breeze Benefit Assessment District will be comprised of the following 3 areas:
CALIFORNIA BREEZE BENEFIT ASSESSMENT DISTRICT, PHASE 1
Benefit Assessment District Phase 1 (hereinafter “BAD Phase 1”) was formed in 1995 to provide a dedicated source of funding for the maintenance of various street sweeping, streetlights and lighting costs, storm drain lines repairs and replacement including necessary cleaning, electric current, supervision, debris removal and any and all other items of work necessary and incidental for the proper maintenance and operation thereof. BAD Phase 1 also provides funding for the maintenance of a Retention Pond and appurtenant access road. Incidental costs including contingencies, and assessment district incidentals including engineering, printing, and notices to property owners, collection costs, legal fees, administration and supervision, are assessed to BAD Phase 1 on the same basis as the improvements specified above and drainage facilities within development projects in the City.
Incidental costs including contingencies, and assessment district incidentals including engineering, printing, and notices to property owners, collection costs, legal fees, administration, and supervision, are assessed to all phases on the same basis as the improvements specified above.
BAD Phase 1 is generally bounded on the east by Herold Parkway, on the west by State Route 101, on the south by a line approximately 3,200 feet south of Fifth Street and on the north by Fifth Street.
CALIFORNIA BREEZE BENEFIT ASSESSMENT DISTRICT, PHASE 2
Benefit Assessment District Phase 2 (hereinafter “BAD Phase 2”) was formed in 1995 to provide a dedicated source of funding for the maintenance of various street sweeping, streetlights and lighting costs, storm drain lines repairs and replacement including necessary cleaning, electric current, supervision, debris removal and any and all other items of work necessary and incidental for the proper maintenance and operation thereof. BAD Phase 2 also provides funding for the maintenance of a Retention Pond and appurtenant access road. Incidental costs including contingencies, and assessment district incidentals including engineering, printing, and notices to property owners, collection costs, legal fees, administration and supervision, are assessed to BAD Phase 2 on the same basis as the improvements specified above and drainage facilities within development projects in the City.
Incidental costs including contingencies, and assessment district incidentals including engineering, printing, and notices to property owners, collection costs, legal fees, administration, and supervision, are assessed to BAD Phase 2 on the same basis as the improvements specified above.
BAD Phase 2 is generally bounded on the east by Herold Parkway, on the west by State Route 101, on the south by a line approximately 4,300 feet south of Fifth Street and on the north by California Breeze Phase I.
Packet Pg. 112 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
6 CALIFORNIA BREEZE BENEFIT ASSESSMENT DISTRICT PHASE 3 Benefit Assessment District Phase 3 (hereinafter “BAD Phase 3”) was formed in 1995 to provide a dedicated source of funding for the maintenance of various street sweeping, streetlights and lighting costs, storm drain lines repairs and replacement including necessary cleaning, electric current, supervision, debris removal and any and all other items of work necessary and incidental for the proper maintenance and operation thereof. BAD Phase 1 also provides funding for the maintenance of a Retention Pond and appurtenant access road. Incidental costs including contingencies, and assessment district incidentals including engineering, printing, and notices to property owners, collection costs, legal fees, administration and supervision, are assessed to BAD Phase 1 on the same basis as the improvements specified above and drainage facilities within development projects in the City.
Incidental costs including contingencies, and assessment district incidentals including engineering, printing, and notices to property owners, collection costs, legal fees, administration, and supervision, are assessed to BAD Phase 2 on the same basis as the improvements specified above.
BAD Phase 3 is generally bounded on the east by Herold Parkway, on the west by State Route 101, on the north by a line approximately 4,300 feet south of Fifth Street and on the south by a line approximately 5,100 feet south of Fifth Street.
The assessments and methods of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received by each parcel.
Pursuant to the 1982 Act:
"Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement.
"Service" or "servicing" means the furnishing of electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements.
Packet Pg. 113 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
7 PART III – ESTIMATE OF COSTS
Estimate of Costs
The estimated budget for the annual maintenance and servicing of the improvements and the proportionate share of administration costs for the District has been prepared based on the estimated and historical costs to provide said services. The District budget is shown below and includes a comparison between the prior year costs and the proposed costs for Fiscal Year 2024/2025. The proposed costs represent the estimated costs required to maintain the improvements at the level expected by property owners and the City and takes into account replacement costs and an annual inflationary adjustment.
Packet Pg. 114 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
8 2023/24
Budget
Proposed 2024/25
Budget
EXPENDITURES
Maintenance and Servicing $ 664 $ 1,062
Utilities $ 7,700 $ 12,320
Capital Replacement/Repair Collection $ 63,500 $ 101,600 District Administration $ 40,628 $ 40,628
TOTAL EXPENDITURES $ 112,492 $ 143,290
REVENUES & ADJUSTMENTS
Actual/Estimated Assessments $ 66,322 $ 130,190
Actual/Estimated Use of Money and Property $ 353 $ 693
Transfer (To)/From Fund Balance $ 45,817 $ -
Contribution for General Benefit $ - $ 12,409
TOTAL REVENUES & ADJUSTMENTS $ 112,492 $ 143,292
OPERATING FUND BALANCE
Estimated Balance July 1 $ 38,846 $ 71,645
Estimated Addition/(Reduction) $ - $ -
Interest Income $ 202 $ 358
Estimated Balance June 30 $ 39,047 $ 72,003
CAPITAL RESERVE BALANCE
Estimated Balance July 1 $ 161,674 $ 76,102
Estimated Addition/(Reduction) $ - $ -
Interest Income $ 808 $ 381
Estimated Balance June 30 $ 162,482 $ 76,482
ANNUAL LEVY SUMMARY
Total SFR Parcels 317 317
Total SFR EDUs 317 317
Maximum Assessment per EDU/BU1 Varies $392.68
Total Commercial Parcels Levied 2 2
Total Commercial EDUs/BUs1
12.93 14.55
Maximum Assessment per EDU/BU1
$141.14 $392.68
Maximum Assessment per EDU/BU1 for FY 2024/25 $141.14 $392.68 1 FY 2023/24 Assessment per EDU. FY 2024/25 Assessment per BU Packet Pg. 115 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
9 PART IV – QUANTIFICATION OF BENEFIT
Quantification of Benefit
BENEFIT ANALYSIS
Each of the improvements have been carefully reviewed and the corresponding assessments have been proportionately spread to each parcel based on the benefit received.
GENERAL BENEFIT
Although the improvements may include public streets and drainage facilities that connect to similar facilities outside the District boundaries, the construction, maintenance, and operation of these improvements was only necessary for the development of properties within the Districts. As such, these improvements were not required nor necessarily desired by any properties or developments outside the District boundaries and any public access or use of the improvements by others is incidental. There is, however, a small amount general benefit conferred to the public at large.
Specifically, general benefits include reduced wear and tear on service vehicle (mail and other delivery vehicles, emergency vehicles, waste pick up vehicles, etc.), including individual cars that may be visiting a property owner or simply driving through the neighborhood. Additional general benefits must be applied to renters (non-property owners) residing in the District. In looking at the number of renters within the District over the previous three years, the highest number of rental properties during that time period was 20. Based on the total number of homes in the District (317) and the parcel area for the commercial properties, the Average Daily Trips (ADT) can be determined using vehicular traffic generation rates. The table shown below shows the calculation of ADT and the corresponding general benefit percentage.
This percentage and the corresponding amount of the Total Expenditures is shown as a contribution in the Estimate of Costs table shown in Part III.
Landuse Units/Acres ADT Rate 1Total
Dwelling Units 317 10 3170
Fast Food w/ drive thru 0.577 3000 1731
Medical Office 2.826 500 1413
Estimated Average Daily Trips 6314
Trips Associated with General Benefit Parcels ADT Rate Total Other trips (USPS, Trash, Delivery) 319 1.15 367
Renters 20 9 180
Estimated Average Daily Trips 547
General Benefit Percentage 8.66%
1 Based on SANDAG Brief Guide of Vehicular Traffic Generation Rates Packet Pg. 116 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
10 SPECIAL BENEFIT
The special benefits are:
Street Lighting:
• Security and safety
• Community character and vitality
• Property access
• Nighttime visibility for increased economic activity
Storm Drain:
• Able to develop property due to required storm drain management system. • Protection of storm drain infrastructure useful life. • Prevent or reduce property damage from potential flooding.
Street Maintenance:
• Provide reliable all-weather access to properties.
• Remove or reduce trash and pollutants to maintain the character of the property.
These benefits impact the assessed properties in a way that is particular and distinct from their effect on other parcels not within the District and that real property in general and the public at large do not share. The improvements also were installed as a condition of development for the California Breeze tract and would not have been installed otherwise. Since these improvements were installed and are maintained especially for the benefit of properties within the District, all assessable properties in the District receive a special benefit and are assessed for the special benefits conferred by the street, street lighting and drainage improvements.
Since parcels in the District receive differing levels of special benefit due to variations in the location, nature, extent and services provided, benefit levels for the two parcel types have been established. All parcels within the District have been assigned a benefit factor for the Special Benefit received, as described in Section V.
Packet Pg. 117 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
11 PART V – METHOD OF APPORTIONMENT
Method of Apportionment
GENERAL PROVISIONS – SPECIAL BENEFIT
Pursuant to the 1982 Act and Article XIIID, all parcels that receive a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. Chapter 6.4, Division 2, Title 5, of the Government Code, the Benefit Assessment Act of 1982, permits the establishment of assessment districts by Cities for the purpose of providing certain public improvements that include street maintenance.
Section 54711 of the Benefit Assessment Act of 1982 requires that maintenance assessments be levied according to benefit rather than according to assessed value. This Section states:
(a) No benefit assessment shall be levied pursuant to this chapter unless it meets all of the following requirements:
(1) The amount of the assessment imposed on any parcel of property shall be related to the benefit to the parcel which will be derived from the provision of the service. Except as provided in subdivision (d) or (e) of Section 54715, in the case of a benefit assessment for flood control services, the benefit must be determined on the basis of the proportionate storm water runoff from each parcel. In the case of an assessment for the maintenance of streets, roads, or highways, the benefit shall be in proportion to the estimated traffic volume to be generated by each parcel assessed, or by any other reasonable basis as determined by the legislative body. (2) The annual aggregate amount of the assessment shall not exceed the estimated annual cost of providing the service.
(3) The revenue derived from the assessment shall not be used to pay the cost of any service other than the service for which the assessment was levied.
The 1982 Act also permits the designation of zones of benefit within any individual assessment district.
Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIIID also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways.
The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels.
Packet Pg. 118 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
12 ASSESSMENT METHODOLOGY
The costs associated with the maintenance and operation of the improvements including incidentals and appurtenances is of special benefit to parcels within the district and shall be spread to all developed parcels within the District based on the methodology detailed in this Report.
All administrative costs associated with the maintenance and operation of the improvements including the Engineer’s Report, printing and advertising of assessment notices, County collection fees, and legal fees shall be spread to all parcels on a prorata basis. Monterey County collections fees are 0.25% of the levy amount for collection for administration of the District.
The District consists of two parcels types, residential (single-family homes) and commercial. Residential parcels make up approximately 99% of the District parcels. There are two commercial parcels making up the remainder of the District parcels.
Factored development unit calculations for residential areas are as follows: Low Density residential = 1.0 Equivalent Dwelling Unit (EDU).
The detention pond, Parcel B, which is for the exclusive use of this development, is not assessed since it provides benefit rather than receiving it.
With the EDUs established, the special benefits must be applied by improvement and land use types. The table on the following page shows the special benefits received by land use. The EDU’s will be multiplied by the Applied Benefit Factor by land use to proportionately spread the assessments based on the special benefits received.
Special Benefits / Land Use Residential Commercial
Street Lighting
· Security and safety 1 1
· Community character and vitality 1 1
· Property access 1 1
· Nighttime visibility 1
Storm Drainage
· Able to develop property 1 1
· Protection of infrastructure life 1 1
· Prevent or reduce property damage 1 1
Street Maintenance
· Reliable all-weather access 1 1
· Remove or reduce trash 1 1
Subtotal 8 9
Applied Benefit Factor by Land Use
(Subtotal / Residential Subtotal) 1 1.125
Packet Pg. 119 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
13 One of the most equitable methods of apportionment for applying benefit to different parcel types in the District is the EDU method. Two parcels within the boundaries of the District are commercial. While the residential parcels will be assessed on the basis of one EDU per parcel, the commercial parcel will be assessed 3.8 EDU per acre. The table below shows the total benefit units in the District.
APPLIED BENEFIT
TOTAL BENEFIT UNITS
LAND USE EDUS FACTOR (BUs)
RESIDENTIAL 317.00 1 317.00
COMMERCIAL 12.93 1.125 14.55
TOTALS 329.93 331.55
ANNUAL ADJUSTMENT TO MAXIMUM ASSESSMENT
It is generally recognized that most budgetary items will be impacted by inflation in future years. In an effort to minimize the impact this has on maintenance districts, a formula for inflationary adjustments is typically included as a part of the maximum assessment to be approved by the property owners during the formation or restructuring of a district. Prior to the passage of Proposition 218 however, inflationary adjustments were not included as a standard part of the formation and approval process. The District was formed in 1995, prior to the passage of Proposition 218 and did not include an inflationary adjustment for the annual assessments.
As part of the proposed assessment rate increase for the District, it is proposed that an annual inflationary adjustment for the Maximum Assessments be included. An inflationary adjustment will allow the Maximum Assessments established during the reassessment of the District to increase each year so assessment revenues can continue to fund the costs of the maintenance and services.
It is proposed that the assessment rates be increased over the next three (3) years by the amounts shown on the table below and on the Assessment Roll in Appendix A of this Report. This is an effort to minimize the impact of a large assessment rate increase in a single year. Beginning in Fiscal Year 2027/28, the established Maximum Assessment rate shall be increased annually as described below.
Parcel
Type
Current
Assessment
Rate
Parcel
Benefit
Factor
Proposed
2024/25
Assessment
Proposed
2025/26
Assessment
Proposed
2026/27
Assessment
SFR $187.00 1.00 $287.34 $366.33 $392.67
Commercial* $309.46 1.65 $475.51 $903.58 $968.55
Commercial* $1,515.70 4.90 $3,471.41 $4,425.70 $4,743.92 *Commercial Assessments shown are Benefit Factor multiplied by the annual rate.
Assessments may be adjusted annually based on the April Consumer Price Index of the San Francisco-Oakland-Hayward Area All Urban Consumers Index (CPI-U). Adjustments are based on the change of the Consumer Price Index prior year/month as compared to the year/month assessments are determined (benchmark month for this district is April).
Packet Pg. 120 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
14 The actual annual assessment rate and actual assessments levied in any fiscal year shall be as approved by the City Council and may not exceed the Maximum Assessment rate for that specific fiscal year without a Proposition 218 compliant increase procedure that is approved by property owners.
The Maximum Assessment rate established during the reassessment of the District will be adjusted by the following formula:
• Beginning in Fiscal Year 2027/28, the increase in April CPI shall be applied to the Maximum Assessment rate established the previous fiscal year to calculate the appropriate Adjusted Maximum Assessment rate for the then current fiscal year.
• If the proposed annual assessment rate for the upcoming fiscal year is less than or equal to the Adjusted Maximum Assessment rate established for that fiscal year, then the proposed annual assessment is not considered an increased assessment for purposes of Proposition 218.
The Adjusted Maximum Assessment rate will be calculated independent of the annual budget and proposed assessment rate for the given fiscal year.
Packet Pg. 121 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
15 APPENDIX A – ASSESSMENT ROLL
Assessment Roll
The proposed assessment and the amount of the assessment apportioned to each lot or parcel, as shown on the latest roll at the Assessor’s Office, is shown in Appendix A. The description of each lot or parcel is part of the records of the Assessor of the County of Monterey and those records are, by reference, made part of this report. If approved by property owners, the assessments shown will be submitted to the County Auditor/Controller and included on the property tax bill for each parcel shown in the assessment roll for Fiscal Year 2024-2025.
The proposed assessment amounts for Fiscal Years 2024/25 through 2026/27 are shown on the following pages.
Packet Pg. 122 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
16 APN Phase
EDU/
Acres
Benefit
Factor
Assessable
EDU
Current
Maximum
Assessment
Proposed
Max.
Assessment
FY 24/25
Proposed
Max.
Assessment
FY 25/26
Proposed
Max.
Assessment
FY 26/27
020-281-001-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-002-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-003-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-004-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-005-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-006-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-007-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-008-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-009-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-010-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-011-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-012-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-013-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-014-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-015-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-016-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-017-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-018-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-019-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-020-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-021-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-022-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-023-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-024-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-025-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-026-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-027-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-028-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-029-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-030-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-031-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-032-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-033-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-034-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-035-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 Packet Pg. 123 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
17 APN PhaseEDU/Acres
Benefit
Factor
Assessable
EDU
Current
Maximum
Assessment
Proposed
Max.
Assessment
FY 24/25
Proposed
Max.
Assessment
FY 25/26
Proposed
Max.
Assessment
FY 26/27
020-281-036-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-037-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-038-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-039-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-040-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-041-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-042-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-043-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-044-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-045-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-046-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-047-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-048-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-049-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-050-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-051-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-052-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-053-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-054-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-055-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-056-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-057-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-058-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-059-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-060-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-061-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-062-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-063-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-064-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-065-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-066-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-067-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-068-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-069-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-070-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-071-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-072-000 I 1.00 1.00 1.00 $187.00 $287.34 $366.33 $392.67 020-281-078-000 I 2.193 1.125 2.47 $309.46 $475.51 $903.58 $968.55 020-281-081-000 I 10.739 1.125 12.081 $1,515.70 $3,471.41 $4,425.70 $4,743.92 TOTALS 84.93
Packet Pg. 124 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
18 APN Phase EDU
Benefit
Factor
Assessable
EDU
Current
Maximum
Assessment
Proposed
Max.
Assessment
FY 24/25
Proposed
Max.
Assessment
FY 25/26
Proposed
Max.
Assessment
FY 26/27
020-291-001-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-291-002-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-291-003-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-291-004-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-291-005-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-291-006-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-291-007-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-291-008-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-291-009-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-291-010-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-291-011-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-291-012-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-291-013-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-291-014-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-291-015-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-292-001-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-292-002-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-292-003-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-292-004-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-292-005-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-292-006-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-292-007-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-292-008-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-292-009-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-292-010-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-292-011-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-292-012-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-292-013-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-292-018-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-292-019-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-292-020-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-292-021-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-292-022-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-292-023-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-292-024-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-292-025-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-292-026-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-292-027-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-292-028-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-292-029-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-293-001-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-293-002-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 Packet Pg. 125 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
19 APN Phase EDU
Benefit
Factor
Assessable
EDU
Current
Maximum
Assessment
Proposed
Max.
Assessment
FY 24/25
Proposed
Max.
Assessment
FY 25/26
Proposed
Max.
Assessment
FY 26/27
020-293-003-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-293-004-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-293-005-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-293-006-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-293-007-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-293-008-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-293-009-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-293-010-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-293-011-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-293-012-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-293-013-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-293-014-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-293-015-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-294-001-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-294-002-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-294-003-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-294-004-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-294-005-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-294-006-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-294-007-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-294-008-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-294-010-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-301-001-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-301-002-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-301-003-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-301-004-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-301-005-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-301-006-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-301-007-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-301-008-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-301-009-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-301-010-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-301-011-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-301-012-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-301-013-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-301-014-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-301-015-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-301-016-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-301-017-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-301-018-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-301-019-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-301-020-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-301-021-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-301-022-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 Packet Pg. 126 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
20 APN Phase EDU
Benefit
Factor
Assessable
EDU
Current
Maximum
Assessment
Proposed
Max.
Assessment
FY 24/25
Proposed
Max.
Assessment
FY 25/26
Proposed
Max.
Assessment
FY 26/27
020-301-023-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-301-024-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-301-025-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-302-001-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-302-002-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-302-003-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-302-004-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-302-005-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-302-006-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-302-007-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-302-008-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-302-009-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-302-010-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-302-011-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-302-012-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-302-013-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-302-014-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-302-015-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-302-016-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-302-017-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-302-018-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-302-019-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-302-020-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-303-001-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-303-002-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-303-003-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-303-004-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-303-005-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-303-006-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-303-007-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-303-008-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-303-009-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-303-010-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-303-011-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-303-012-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-303-013-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-303-014-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-303-015-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-303-016-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-303-017-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-303-018-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-303-019-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-303-020-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-303-021-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 020-303-022-000 II 1.00 1.00 1.00 $185.34 $287.34 $366.33 $392.67 TOTALS 131.00
Packet Pg. 127 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
21 APN Phase EDU
Benefit
Factor
Assessable
EDU
Current
Maximum
Assessment
Proposed
Max.
Assessment
FY 24/25
Proposed
Max.
Assessment
FY 25/26
Proposed
Max.
Assessment
FY 26/27
020-311-001-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-002-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-003-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-004-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-005-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-006-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-007-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-008-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-009-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-010-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-011-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-012-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-013-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-014-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-015-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-016-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-017-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-018-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-019-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-020-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-021-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-022-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-023-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-024-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-025-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-026-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-027-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-311-028-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-312-001-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-312-002-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-312-003-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-312-004-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-312-005-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-312-006-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-312-007-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-312-008-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-312-009-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-312-010-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-312-011-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-312-012-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 Packet Pg. 128 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
22 APN Phase EDU
Benefit
Factor
Assessable
EDU
Current
Maximum
Assessment
Proposed
Max.
Assessment
FY 24/25
Proposed
Max.
Assessment
FY 25/26
Proposed
Max.
Assessment
FY 26/27
020-312-013-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-312-014-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-312-015-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-312-016-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-312-017-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-312-018-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-312-019-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-312-020-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-312-021-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-312-022-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-001-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-002-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-003-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-004-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-005-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-006-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-007-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-008-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-009-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-010-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-011-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-012-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-013-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-014-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-015-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-016-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-017-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-018-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-019-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-020-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-021-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-022-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-023-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-024-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-025-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-026-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-027-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-028-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-029-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-030-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-031-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-032-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-033-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-313-034-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 Packet Pg. 129 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
23 APN Phase EDU
Benefit
Factor
Assessable
EDU
Current
Maximum
Assessment
Proposed
Max.
Assessment
FY 24/25
Proposed
Max.
Assessment
FY 25/26
Proposed
Max.
Assessment
FY 26/27
020-314-001-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-002-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-003-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-004-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-005-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-006-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-007-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-008-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-009-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-010-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-011-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-012-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-013-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-014-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-015-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-016-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-017-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-018-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-019-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-020-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-021-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-022-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-023-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-024-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-025-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-026-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-027-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-028-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-029-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 020-314-030-000 III 1.00 1.00 1.00 $234.68 $287.34 $366.33 $392.67 TOTALS 114.00
Packet Pg. 130 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 2024-40 and Resolution No. 2024-41 Ca Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
24 APPENDIX B – DISTRICT DIAGRAMS
District Diagrams
Diagrams for the District, including each Phase of the California Breeze Development, are shown on the following pages.
Packet Pg. 131 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No.
Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
25 Packet Pg. 132 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No.
Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
26 Packet Pg. 133 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No.
Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
27 Packet Pg. 134 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No. 28 Packet Pg. 135 Attachment: Engineers Report for California Breeze Benefit Assessment District (3042 : Resolution No.
CITY OF GONZALES
FINAL ENGINEER’S REPORT
FISCAL YEAR 2024-25
CALIFORNIA BREEZE PARKS AND OPEN SPACE
MAINTENANCE DISTRICT
FUND #280, 290 & 300
July 2024
PREPARED BY
Harris & Associates
60 W. Alisal Street, Suite 200
Salinas, CA 93901
www.weareharris.com
Packet Pg. 136 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 : Resolution No. 2024-40 and Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
FINAL ENGINEER’S REPORT
FISCAL YEAR 2024-25
CALIFORNIA BREEZE PARKS AND OPEN SPACE MAINTENANCE DISTRICT City of Gonzales
Monterey County
State of California
APPROVED BY THE CITY COUNCIL FOR THE CALIFORNIA BREEZE PARKS AND OPEN SPACE MAINTENANCE DISTRICT OF THE CITY OF GONZALES, STATE OF CALIFORNIA ON THE _____ DAY OF _________, 2024.
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was filed with me on the _____ DAY OF _________, 2024.
Mary Villegas, Deputy City Clerk
City of Gonzales, Monterey County, CA
_________________________________
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was approved and confirmed by the City Council of the City of Gonzales, California on the ________day of ______________, 2024.
Mary Villegas, Deputy City Clerk
City of Gonzales, Monterey County, CA
__________________________
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was filed with the County Auditor of the County of Monterey on the ________day of ______________, 2024.
Mary Villegas, Deputy City Clerk
City of Gonzales, Monterey County, CA
__________________________
Packet Pg. 137 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 : Resolution No. 2024-40 and Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
TABLE OF CONTENTS
Table of Contents
Certifications…………………………………………………………………………………………………………………………i Statement of Assessment Engineer…………………………………………………………………………………..….1 Background………………………………………………………………………………………………………………………….3 Plans and Specifications……………………………………………………………………………………………………….5 Estimate of Costs………………………………………………………………………………………………………………….7 Quantification of Benefit…..………………………………………………………………………………………………….8 Method of Apportionment………………………………………………………………………………………………….10 Appendix A – Assessment Roll
Appendix B – District Diagram
Packet Pg. 138 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 : Resolution No. 2024-40 and Engineer’s Report
California Breeze Parks and Open Space Maintenance District City of Gonzales
Fiscal Year 2024-25
1 STATEMENT OF ASSESSMENT ENGINEER
Statement of Assessment Engineer
AGENCY: CITY OF GONZALES
PROJECT: CALIFORNIA BREEZE PARKS AND OPEN SPACE MAINTENANCE DISTRICT TO: THE CITY COUNCIL
CITY OF GONZALES
STATE OF CALIFORNIA
PRELIMINARY ENGINEER’S REPORT
FISCAL YEAR 2024-25
Pursuant to the Landscape and Lighting Act of 1972 (Part 2 Division 15 of the Streets and Highways Code of the State of California, commencing with Section 22500) (“Act”), Article XIIID, Section 4(a) and the Proposition 218 Omnibus Implementation Act (“Proposition 218”) (Government Code Section 53750 and following) and in accordance with the Resolution of Initiation, adopted by the City Council of the City of Gonzales, State of California, in connection with the proceedings for the following District:
CALIFORNIA BREEZE PARKS AND OPEN SPACE MAINTENANCE DISTRICT (Hereinafter referred to as the “District”),
I, Alison Bouley, authorized representative of Harris & Associates, the duly appointed ASSESSMENT ENGINEER, submit herewith the “Report” consisting of four (4) parts as follows:
PART I
Background: This part provides a general description of the Proposition 218 process and the reasons the City is proposing to increase assessment and install an annual inflationary adjustment.
PART II
Plans and Specifications: This part provides a general description of improvements being maintained in the District. Plans and specifications for the improvements are on file with the City Clerk.
Packet Pg. 139 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 : Resolution No. 2024-40 and Engineer’s Report
California Breeze Parks and Open Space Maintenance District City of Gonzales
Fiscal Year 2024-25
2 PART III
Estimate of Cost: This part contains the cost estimate of the maintenance including incidental costs and expenses for Fiscal Year 2024-25.
PART IV
Quantification of Benefit: This part identifies, separates and quantifies the general and special benefits received by each parcel in the District, for the improvements and services provided.
PART V
Method of Apportionment of the Assessments: This part describes the method of apportionment of assessments, based upon parcel classification of land within the District. The costs and expenses of the District have been assessed upon the parcels of land within the boundaries of the District in proportion to the estimated benefits to be received by such parcels.
Appendices
Appendix A – Assessment Roll
Appendix B – Diagrams
In conclusion, it is my opinion that the costs and expenses of the District have been assessed to the lots and parcels within the boundaries of the District in proportion to the estimated benefits to be received by each lot or parcel from the services provided.
DATED this day of July, 2024
___________________________________________
Alison Bouley, P.E., Assessment Engineer
R.C.E. No. C61383
Engineer of Work
Packet Pg. 140 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 : Resolution No. 2024-40 and Engineer’s Report
California Breeze Parks and Open Space Maintenance District City of Gonzales
Fiscal Year 2024-25
3 PART I – BACKGROUND
City Staff has contracted with Harris & Associates (“Harris”) to complete the Engineer’s Report (“Report”) for the proposed increase to the assessment rate for the California Breeze Benefit Assessment District for Fiscal Year 2024/25 and include an annual escalation factor to allow for future increases to the assessment rate, accounting for inflation.
Proposition 218 Requirements
Since Proposition 218 restricts the levying of assessments to only “special benefits”, it is important to separate those benefits which are general benefits from those that provide special benefits to parcels.
In Silicon Valley Taxpayers Association v. Santa Clara Open Space Authority, the Court found that those benefits that relate to “quality of life” to people living in, working in or visiting property located within the boundaries of an assessment district are general benefits and that any benefit conferred on real property as a result must also be considered to be general benefits. Therefore, since a project may provide both general and special benefit, the first requirement in the establishment of an assessment district is to identify and separate what is general benefit from special benefit, since an assessment may only be imposed on a parcel for the special benefit received.
The definition of “special benefit” which was defined in Article XIII D Section 2(i) as “special benefit means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefits.” This was further clarified in the Courts ruling in Dahms v. Downtown Pomona Business Improvement District.
In that case, the plaintiff argued that if the assessment conferred special benefits on the parcels, and those special benefits themselves produce general benefits then the value of those general benefits must be deducted from the cost of providing the special benefits and must not be included in any assessment. The Court found that the text of Article XIII D does not support that argument.
The Court also found that nothing in Article XIII D says or implies that if the special benefits that are conferred also produce general benefits, then the value of those general benefits must be deducted from the reasonable cost of providing the special benefits before the assessments are calculated. Rather, the only cap that provision places on the assessment is that it may not exceed the reasonable cost of the proportional special benefit conferred on that parcel.
Based upon these recent rulings and the requirements of Article XIII D which requires that:
• General benefits must be identified and separated from special benefit, • Assessments proposed to be levied on a parcel may only be imposed for special benefit: and • Assessments must be proportional to the special benefit conferred on a parcel.
On November 5, 1996, California voters adopted Proposition 218 creating Article XIII D of the California State Constitution which established requirements for the creation of new assessments or increasing existing assessments.
Proposition 218 also established exemptions to its provisions for districts created prior to its passage.
Packet Pg. 141 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 : Resolution No. 2024-40 and Engineer’s Report
California Breeze Parks and Open Space Maintenance District City of Gonzales
Fiscal Year 2024-25
4 The District is currently deemed exempt from the requirements of Proposition 218 because it was formed prior to the adoption of Proposition 218 in November 1996. As a result, any proposed increase in the assessments, including the addition of a CPI or other annual inflationary adjustment to the existing assessment rate, requires an assessment ballot be mailed to each property owner subject to the increased assessment, and that those property owners must approve the proposed increase or annual adjustment.
In addition to the requirements shown above, any other changes to the Method of Apportionment, resulting in an increased assessment, must also comply with the requirements of Proposition 218.
As of the end of Fiscal Year 2023/2024, the District fund balance is estimated to be negative $243,172 and that deficit continues to grow each year. Additionally, the District has had a fixed assessment amount since the time the District was formed. While the costs of labor, maintenance and utilities have increased over the years due to inflation, the maximum assessment rates have not changed. As a result, and in addition to the proposed maximum assessment rate increase, the City is also proposing an annual inflationary adjustment to the maximum assessment rates which will allow the assessments to be increased to keep up with future maintenance and utility costs as they increase with inflation. This annual inflationary adjustment will be identical to the other Districts in the City and is detailed in Part V of this Report.
Approval Process
Article XIII D of the California Constitution requires that any proposed assessment increase or change to the assessment amount resulting in an increased assessment must go through an approval process which includes a property owner ballot procedure. The procedure is briefly detailed below:
Notice and Ballot
The City Council will approve a Resolution ordering a Notice of Public Hearing and Assessment Ballot be sent to all property owners in the District. One ballot will be provided for each parcel subject to the proposed increase and annual inflationary adjustment. Assessment Ballots and Notices of Public Hearing will be mailed to the record owner(s) of the parcels at least 45 days prior to the date of a Public Hearing. At the close of the Public Hearing, returned ballots will be tabulated (the public will have the opportunity to view the tabulation process) and interested persons can “hear and be heard” concerning the ballot process and the proposed increases and adjustments.
The results of the ballot tabulation will be announced and presented to the City Council following the completion of the tabulation. The Council may impose the changes if there is no majority protest. A majority protest exists if the number of returned ballots opposing the increase outweigh the number of returned ballots in favor of the increase, weighted by assessment amount. If there is a majority protest, then the process will stop and the increased assessment and annual inflationary adjustments will not be imposed.
If approved, the increased assessments will be collected on the annual County property tax bills commencing with Fiscal Year 2024/2025.
Packet Pg. 142 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 : Resolution No. 2024-40 and Engineer’s Report
California Breeze Parks and Open Space Maintenance District City of Gonzales
Fiscal Year 2024-25
5 PART II – PLANS AND SPECIFICATIONS
Plans and Specifications
GENERAL DESCRIPTION OF THE DISTRICT
CALIFORNIA BREEZE PARKS AND OPEN SPACE MAINTENANCE ASSESSMENT DISTRICT Herold Parkway, a strip of land approximately 20 feet in width from face of west curb lines including planter walls from Fifth Street southerly 5,000 feet more or less; thence Westerly 750 feet more or less to Charolais Drive. A strip of land including a grass berm approximately 15 feet in width east of the face of easterly curb along the east side of Herold Parkway from Fifth Street southerly 5,100 feet more or less.
Meyer Park, located North of Mustang Way, South of Holstein Way, East of Longhorn Drive and West of Herold Parkway.
Pedestrian Path and landscape easement 20 feet wide along the southerly boundary of Parcel A from the pedestrian easement on the west, easterly 500 feet more or less to Herold Parkway.
Retention Pond, Parcel “E” and appurtenant access and irrigation as said parcel as shown on that certain amended map titled “California Breeze Parks and Open Spaces Maintenance Assessment District, Exhibit A” on file with the City Clerk.
State Route 101, a strip of land 5 feet wide along the western boundary of subdivision adjacent to Route 101 including appurtenant sound wall as shown on that certain amended map entitled “California Breeze Parks and Open Spaces Maintenance Assessment District, (Annexation of California Breeze Phase III), Exhibit A” on file with the City Clerk.
Pursuant to the 1972 Act:
"Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement.
"Service" or "servicing" means the furnishing of electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements.
Packet Pg. 143 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 : Resolution No. 2024-40 and Engineer’s Report
California Breeze Parks and Open Space Maintenance District City of Gonzales
Fiscal Year 2024-25
6 PART III – ESTIMATE OF COSTS
Estimate of Costs
The estimated budget for the annual maintenance and servicing of the improvements and the proportionate share of administration costs for the District has been prepared based on the estimated and historical costs to provide said services. The District budget is shown below and includes a comparison between the prior year costs and the proposed costs for Fiscal Year 2024/2025. The proposed costs represent the estimated costs required to maintain the improvements at the level expected by property owners and the City and takes into account replacement costs and an annual inflationary adjustment.
2023/24
Budget
Proposed 2024/25
LMD Budget
EXPENDITURES
Maintenance and Servicing $ 42,964 $ 81,606
Utilities $ 7,700 $ 10,015
Capital Replacement/Repair Collection $ 21,688 $ 34,701 District Administration $ 49,292 $ 49,292
Annual amount to cure fund balance deficit over 10 years $ - $ 28,632 TOTAL EXPENDITURES $ 121,644 $ 204,246
REVENUES & ADJUSTMENTS
Actual/Estimated Assessments $ 78,211 $ 188,039
Actual/Estimated Use of Money and Property $ 281 $ 1,001 Transfer (To)/From Fund Balance $ 43,152 $ -
Contribution for General Benefit $ - $ 15,208
TOTAL REVENUES & ADJUSTMENTS $ 121,644 $ 204,248
OPERATING FUND BALANCE
Estimated Balance July 1 $ (243,172) $ (286,324)
Estimated Addition/(Reduction) $ (43,152) $ 28,632
Interest Income $ - $ -
Estimated Balance June 30 $ (286,324) $ (257,692)
CAPITAL RESERVE BALANCE
Estimated Balance July 1 $ - $ 34,701
Estimated Addition/(Reduction) $ - $ -
Interest Income $ - $ 174
Estimated Balance June 30 $ - $ 34,874
ANNUAL LEVY SUMMARY
Total SFR Parcels 317 317
Total SFR EDUs 317.00 317.00
Maximum Assessment per EDU/BU1 $227 to $271 $574.94
Total Commercial Parcels Levied 2 2
Total Commercial EDUs/BUs1 12.93 10.06
Maximum Assessment per EDU/BU1 $88.90 $574.94
Maximum Assessment per EDU/BU1 for FY 2024/25 $88.90 $574.94 1 FY 2023/24 Assessment per EDU. FY 2024/25 Assessment per BU Packet Pg. 144 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 : Resolution No. 2024-40 and Engineer’s Report
California Breeze Parks and Open Space Maintenance District City of Gonzales
Fiscal Year 2024-25
7 PART IV – QUANTIFICATION OF BENEFIT
Quantification of Benefit
Each of the improvements have been carefully reviewed and the corresponding assessments have been proportionately spread to each parcel based on the benefit received.
GENERAL BENEFIT
The construction, maintenance and operation of the above listed improvements was only necessary for the development of properties within the Districts. As such, these improvements were not required nor necessarily desired by any properties or developments outside the District boundaries and any public access or use of the improvements by others is incidental.
General benefits must also be applied to renters (non-property owners) residing in the District. In looking at the number of renters within the District over the previous three years, the highest number of rental properties during that time period was 20. Based on the total number of homes in the District (317) and the parcel area for the commercial properties, the Average Daily Trips (ADT) can be determined using vehicular traffic generation rates. The table shown below shows the calculation of ADT and the corresponding general benefit percentage. This percentage and the corresponding amount of the Total Expenditures is shown as a contribution in the Estimate of Costs table shown in Part III.
Land Use Units/Acres ADT Rate 1 Total
Dwelling Units 317 10 3170
Fast Food w/ drive thru 0.577 3000 1731
Medical Office 2.826 500 1413
Estimated Average Daily
Trips 6314
Trips Associated with General
Benefit Parcels ADT Rate Total
Other trips (USPS, Trash, Delivery) 319 1.15 367
Renters 20 9 180
Estimated Average Daily
Trips 547
General Benefit Percentage 8.66%
1 Based on SANDAG Brief Guide of Vehicular Traffic Generation Rates Packet Pg. 145 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 : Resolution No. 2024-40 and Engineer’s Report
California Breeze Parks and Open Space Maintenance District City of Gonzales
Fiscal Year 2024-25
8 SPECIAL BENEFIT
The special benefits are:
Street Landscaping
• Enhanced desirability of properties
• Reduction of dust & debris
• Improved aesthetic appeal of properties through positive representation of area. • Increased sense of pride in ownership from well-maintained improvements.
Pedestrian Pathways
• Opportunity for exercise
• Access to parks and commercial areas
Meyer Park Maintenance
• Recreational opportunities
• Aesthetic benefits provided by well-maintained parks and open spaces • Public safety benefits from the maintenance of parks and open spaces and reduction of litter These benefits impact the assessed properties in a way that is particular and distinct from their effect on other parcels not within the District and that real property in general and the public at large do not share. The improvements also were installed as a condition of development for the California Breeze tract and would not have been installed otherwise. Since these improvements were installed and are maintained especially for the benefit of properties within the District, all assessable properties in the District receive a special benefit and are assessed for the special benefits conferred by the improvements.
Since parcels in the District receive differing levels of special benefit due to variations in size. Single-family homes are typically about 0.22 acres. The commercial properties in the District are larger, 2.193 and 10.739 acres, respectively. As a result of the larger size and the fact that commercial properties generate more traffic and other visitors to their location, they benefit more from the streetlighting, road maintenance and the drainage system improvements in the District. Please see below for additional information.
Packet Pg. 146 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 : Resolution No. 2024-40 and Engineer’s Report
California Breeze Parks and Open Space Maintenance District City of Gonzales
Fiscal Year 2024-25
9 PART V – METHOD OF A PPORTIONMENT
Method of Apportionment
GENERAL PROVISIONS – SPECIAL BENEFIT
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” The formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.
Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIIID also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways.
The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels.
ASSESSMENT METHODOLOGY
The costs associated with the maintenance and operation of the improvements including incidentals and appurtenances is of special benefit to parcels within the district and shall be spread to all developed parcels within the District based on the methodology detailed in this Report.
All administrative costs associated with the maintenance and operation of the improvements including the Engineer’s Report, printing and advertising of assessment notices, County collection fees and legal fees shall be spread to all parcels on a pro-rata basis. Monterey County collection fees are 0.25% of the levy amount for collection for administration of the District.
The District consists of two parcels types, residential (single-family homes) and commercial. Residential parcels make up approximately 99% of the District parcels. There are two commercial parcels making up the remainder of the District parcels.
Factored development unit calculations for residential areas are as follows: Low Density residential = 1.0 Equivalent Dwelling Unit (EDU)
Packet Pg. 147 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 : Resolution No. 2024-40 and Engineer’s Report
California Breeze Parks and Open Space Maintenance District City of Gonzales
Fiscal Year 2024-25
10 With the EDUs established, the special benefits must be applied by improvement and land use types. The table on the following page shows the special benefits received by land use. The EDUs will be multiplied by the Applied Benefit Factor by land use to proportionately spread the assessments based on the special benefits received.
Special Benefits / Land Use Residential Commercial
Street Landscaping
· Enhanced desirability of properties 1 1
· Reduction of dust & debris 1 1
· Improved aesthetic appeal of properties 1 1
through positive representation of area.
· Increased sense of pride in ownership 1 0.5
from well-maintained improvements.
Pedestrian Pathways
· Opportunity for exercise 1 0.5
· Access to park and commercial areas 1 0.5
Meyer Park Maintenance
· Recreational opportunities 1 0.5
· Aesthetic benefits provided by 1 1
well-maintained parks and open spaces
· Public safety benefits from the maintenance 1 1
of parks and open spaces and reduction of litter
Subtotal 9 7
Applied Benefit Factor
(Subtotal / Residential Subtotal) 1 0.78
One of the most equitable methods of apportionment for applying benefit to different parcel types in the District is the EDU method. Two parcels within the boundaries of the District are commercial. While the residential parcels will be assessed on the basis of one EDU per parcel, the commercial parcel will be assessed 3.8 EDU per acre. The table below shows the total benefit units in the District.
APPLIED BENEFIT
TOTAL BENEFIT UNITS
LANDUSE EDUS FACTOR (BUs)
RESIDENTIAL 317.00 1 317.00
COMMERCIAL 12.93 0.78 10.06
TOTALS 329.93 327.06
Packet Pg. 148 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 : Resolution No. 2024-40 and Engineer’s Report
California Breeze Parks and Open Space Maintenance District City of Gonzales
Fiscal Year 2024-25
11 Annual Adjustment to Maximum Assessment
It is generally recognized that most budgetary items will be impacted by inflation in future years. In an effort to minimize the impact this has on maintenance districts, a formula for inflationary adjustments is typically included as a part of the maximum assessment to be approved by the property owners during the formation or restructuring of a district. Prior to the passage of Proposition 218 however, inflationary adjustments were not included as a standard part of the formation and approval process. The District was formed in 1995, prior to the passage of Proposition 218 and did not include an inflationary adjustment for the annual assessments.
As part of the proposed assessment rate increase for the District, it is proposed that an annual inflationary adjustment for the Maximum Assessments be included. An inflationary adjustment will allow the Maximum Assessments established during the reassessment of the District to increase each year so assessment revenues can continue to fund the costs of the maintenance and services.
It is proposed that the assessment rates be increased over the next four (4) years by the amounts shown in the table below and on the Assessment Roll in Appendix A of this Report. This is an effort to minimize the impact of a large assessment rate increase in a single year. Beginning in Fiscal Year 2028/29, the established Maximum Assessment rate shall be increased annually as described below.
Parcel
Type
Current
Assessment
Rate
Parcel
Benefit
Factor
Proposed
2024/25
Assessment
Proposed
2025/26
Assessment
Proposed
2026/27
Assessment
Proposed
2027/28
Assessment
SFR $227.00 1.00 $325.00 $406.26 $507.82 $574.94
Commercial* $194.92 0.86 $302.72 $349.38 $436.73 $494.45 Commercial* $952.30 4.20 $1,365.00 $1,706.29 $2,132.84 $2,414.75 *Commercial Assessments shown are Benefit Factor multiplied by the annual rate.
Assessments may be adjusted annually based on the April Consumer Price Index of the San Francisco-Oakland-Hayward Area All Urban Consumers Index (CPI-U). Adjustments are based on the change of the Consumer Price Index prior year/month as compared to the year/month assessments are determined (benchmark month for this district is April).
The actual annual assessment rate and actual assessments levied in any fiscal year shall be as approved by the City Council and may not exceed the Maximum Assessment rate for that specific fiscal year without a Proposition 218 compliant increase procedure that is approved by property owners.
Packet Pg. 149 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 : Resolution No. 2024-40 and Engineer’s Report
California Breeze Parks and Open Space Maintenance District City of Gonzales
Fiscal Year 2024-25
12 The Maximum Assessment rate established during the reassessment of the District will be adjusted by the following formula:
• Beginning in Fiscal Year 2028/29, following the four-year rate adjustments, the increase in April CPI shall be applied to the Maximum Assessment rate established the previous fiscal year to calculate the appropriate Adjusted Maximum Assessment rate for the then current fiscal year. • If the proposed annual assessment rate for the upcoming fiscal year is less than or equal to the Adjusted Maximum Assessment rate established for that fiscal year, then the proposed annual assessment is not considered an increased assessment for purposes of Proposition 218.
The Adjusted Maximum Assessment rate will be calculated independent of the annual budget and proposed assessment rate for the given fiscal year.
Packet Pg. 150 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 : Resolution No. 2024-40 and Engineer’s Report
California Breeze Parks and Open Space Maintenance District City of Gonzales
Fiscal Year 2024-25
13 APPENDIX A – ASSESSMENT ROLL
Assessment Roll
The proposed assessment and the amount of the assessment apportioned to each lot or parcel, as shown on the latest roll at the Assessor’s Office, is shown in Appendix A. The description of each lot or parcel is part of the records of the Assessor of the County of Monterey and those records are, by reference, made part of this report. The assessments shown will be submitted to the County Auditor/Controller and included on the property tax bill for each parcel shown in the assessment roll for Fiscal Year 2024/2025.
The proposed assessment amounts for Fiscal Years 2024/25 through 2027/28 are shown on the following pages.
Packet Pg. 151 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 : Resolution No. 2024-40 and Engineer’s Report
California Breeze Parks and Open Space Maintenance District City of Gonzales
Fiscal Year 2024-25
14 APN Phase EDU/Acres
Benefit
Factor
Assessable
EDU
Current
Maximum
Assessment
Proposed
Max.
Assessment
FY 24/25
Proposed
Max.
Assessment
FY 25/26
Proposed
Max.
Assessment
FY 26/27
Proposed
Max.
Assessment
FY 27/28
020-281-001-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-002-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-003-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-004-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-005-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-006-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-007-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-008-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-009-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-010-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-011-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-012-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-013-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-014-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-015-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-016-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-017-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-018-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-019-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-020-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-021-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-022-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-023-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-024-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-025-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-026-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-027-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-028-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-029-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-030-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-031-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-032-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-033-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-034-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-035-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 Packet Pg. 152 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 : Resolution No. 2024-40 and Engineer’s Report
California Breeze Parks and Open Space Maintenance District City of Gonzales
Fiscal Year 2024-25
15 APN Phase EDU/Acres
Benefit
Factor
Assessable
EDU
Current
Maximum
Assessment
Proposed
Max.
Assessment
FY 24/25
Proposed
Max.
Assessment
FY 25/26
Proposed
Max.
Assessment
FY 26/27
Proposed
Max.
Assessment
FY 27/28
020-281-036-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-037-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-038-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-039-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-040-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-041-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-042-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-043-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-044-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-045-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-046-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-047-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-048-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-049-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-050-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-051-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-052-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-053-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-054-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-055-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-056-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-057-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-058-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-059-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-060-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-061-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-062-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-063-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-064-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-065-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-066-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-067-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-068-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-069-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-070-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-071-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-072-000 I 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-281-078-000 I 2.193 0.78 0.86 $194.92 $302.72 $349.38 $436.73 $494.45 020-281-081-000 I 10.739 0.78 8.376 $952.30 $1,365.00 $1,706.29 $2,132.84 $2,414.75 TOTALS 84.93
Packet Pg. 153 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 : Resolution No. 2024-40 and Engineer’s Report
California Breeze Parks and Open Space Maintenance District City of Gonzales
Fiscal Year 2024-25
16 APN Phase EDU
Benefit
Factor
Assessable
EDU
Current
Maximum
Assessment
Proposed
Max.
Assessment
FY 24/25
Proposed
Max.
Assessment
FY 25/26
Proposed
Max.
Assessment
FY 26/27
Proposed
Max.
Assessment
FY 27/28
020-291-001-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-291-002-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-291-003-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-291-004-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-291-005-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-291-006-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-291-007-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-291-008-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-291-009-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-291-010-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-291-011-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-291-012-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-291-013-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-291-014-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-291-015-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-292-001-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-292-002-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-292-003-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-292-004-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-292-005-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-292-006-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-292-007-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-292-008-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-292-009-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-292-010-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-292-011-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-292-012-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-292-013-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-292-018-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-292-019-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-292-020-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-292-021-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-292-022-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-292-023-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-292-024-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-292-025-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-292-026-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-292-027-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-292-028-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-292-029-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-293-001-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-293-002-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 Packet Pg. 154 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 : Resolution No. 2024-40 and Engineer’s Report
California Breeze Parks and Open Space Maintenance District City of Gonzales
Fiscal Year 2024-25
17 APN Phase EDU
Benefit
Factor
Assessable
EDU
Current
Maximum
Assessment
Proposed
Max.
Assessment
FY 24/25
Proposed
Max.
Assessment
FY 25/26
Proposed
Max.
Assessment
FY 26/27
Proposed
Max.
Assessment
FY 27/28
020-293-003-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-293-004-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-293-005-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-293-006-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-293-007-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-293-008-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-293-009-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-293-010-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-293-011-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-293-012-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-293-013-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-293-014-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-293-015-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-294-001-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-294-002-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-294-003-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-294-004-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-294-005-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-294-006-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-294-007-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-294-008-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-294-010-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-301-001-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-301-002-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-301-003-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-301-004-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-301-005-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-301-006-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-301-007-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-301-008-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-301-009-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-301-010-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-301-011-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-301-012-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-301-013-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-301-014-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-301-015-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-301-016-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-301-017-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-301-018-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-301-019-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-301-020-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-301-021-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-301-022-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 Packet Pg. 155 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 : Resolution No. 2024-40 and Engineer’s Report
California Breeze Parks and Open Space Maintenance District City of Gonzales
Fiscal Year 2024-25
18 APN Phase EDU
Benefit
Factor
Assessable
EDU
Current
Maximum
Assessment
Proposed
Max.
Assessment
FY 24/25
Proposed
Max.
Assessment
FY 25/26
Proposed
Max.
Assessment
FY 26/27
Proposed
Max.
Assessment
FY 27/28
020-301-023-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-301-024-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-301-025-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-302-001-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-302-002-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-302-003-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-302-004-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-302-005-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-302-006-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-302-007-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-302-008-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-302-009-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-302-010-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-302-011-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-302-012-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-302-013-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-302-014-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-302-015-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-302-016-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-302-017-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-302-018-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-302-019-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-302-020-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-303-001-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-303-002-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-303-003-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-303-004-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-303-005-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-303-006-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-303-007-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-303-008-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-303-009-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-303-010-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-303-011-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-303-012-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-303-013-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-303-014-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-303-015-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-303-016-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-303-017-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-303-018-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-303-019-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-303-020-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-303-021-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 020-303-022-000 II 1.00 1.00 1.00 $227.00 $325.00 $406.26 $507.82 $574.94 TOTALS 131.00
Packet Pg. 156 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 : Resolution No. 2024-40 and Engineer’s Report
California Breeze Parks and Open Space Maintenance District City of Gonzales
Fiscal Year 2024-25
19 APN Phase EDU
Benefit
Factor
Assessable
EDU
Current
Maximum
Assessment
Proposed
Max.
Assessment
FY 24/25
Proposed
Max.
Assessment
FY 25/26
Proposed
Max.
Assessment
FY 26/27
Proposed
Max.
Assessment
FY 27/28
020-311-001-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-002-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-003-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-004-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-005-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-006-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-007-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-008-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-009-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-010-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-011-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-012-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-013-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-014-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-015-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-016-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-017-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-018-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-019-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-020-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-021-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-022-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-023-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-024-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-025-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-026-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-027-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-311-028-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-312-001-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-312-002-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-312-003-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-312-004-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-312-005-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-312-006-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-312-007-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-312-008-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-312-009-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-312-010-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-312-011-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-312-012-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 Packet Pg. 157 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 : Resolution No. 2024-40 and Engineer’s Report
California Breeze Parks and Open Space Maintenance District City of Gonzales
Fiscal Year 2024-25
20 APN Phase EDU
Benefit
Factor
Assessable
EDU
Current
Maximum
Assessment
Proposed
Max.
Assessment
FY 24/25
Proposed
Max.
Assessment
FY 25/26
Proposed
Max.
Assessment
FY 26/27
Proposed
Max.
Assessment
FY 27/28
020-312-013-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-312-014-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-312-015-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-312-016-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-312-017-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-312-018-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-312-019-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-312-020-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-312-021-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-312-022-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-001-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-002-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-003-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-004-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-005-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-006-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-007-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-008-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-009-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-010-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-011-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-012-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-013-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-014-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-015-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-016-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-017-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-018-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-019-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-020-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-021-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-022-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-023-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-024-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-025-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-026-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-027-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-028-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-029-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-030-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-031-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-032-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-033-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-313-034-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 Packet Pg. 158 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 : Resolution No. 2024-40 and Engineer’s Report
California Breeze Parks and Open Space Maintenance District City of Gonzales
Fiscal Year 2024-25
21 APN Phase EDU
Benefit
Factor
Assessable
EDU
Current
Maximum
Assessment
Proposed
Max.
Assessment
FY 24/25
Proposed
Max.
Assessment
FY 25/26
Proposed
Max.
Assessment
FY 26/27
Proposed
Max.
Assessment
FY 27/28
020-314-001-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-002-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-003-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-004-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-005-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-006-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-007-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-008-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-009-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-010-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-011-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-012-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-013-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-014-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-015-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-016-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-017-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-018-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-019-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-020-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-021-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-022-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-023-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-024-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-025-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-026-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-027-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-028-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-029-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 020-314-030-000 III 1.00 1.00 1.00 $271.76 $325.00 $406.26 $507.82 $574.94 TOTALS 114.00
Packet Pg. 159 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 : Resolution No. 2024-40 and Engineer’s Report
California Breeze Parks and Open Space Maintenance District City of Gonzales
Fiscal Year 2024-25
22 APPENDIX B – DISTRICT DIAGRAMS
District Diagrams
Diagrams for the District, including each Phase of the California Breeze Development, are shown on the following pages.
Packet Pg. 160 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 :
Engineer’s Report
California Breeze Parks and Open Space Maintenance District City of Gonzales
Fiscal Year 2024-25
23 Packet Pg. 161 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 :
Engineer’s Report
California Breeze Parks and Open Space Maintenance District City of Gonzales
Fiscal Year 2024-25
24 Packet Pg. 162 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 :
Engineer’s Report
California Breeze Parks and Open Space Maintenance District City of Gonzales
Fiscal Year 2024-25
25 Packet Pg. 163 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 :
26 Packet Pg. 164 Attachment: Engineers Report for California Breeze Parks and Open Spaces Assessment District (3042 :
City of Gonzales
PUBLIC WORKS / CITY ENGINEER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: July 22, 2024
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, City Manager
SUBJECT: Community Center Complex Project Progress Report & Task Order No. 2 with Harris & Associates
RECOMMENDATION
It is recommended that the City Council Receive a Progress Report on Construction of Phase 1 of the Community Center Complex Project, and Authorize Execution of Task Order No. 2 with Haris Associates for Construction Management Services during FY 2024-2025 for the Community Center Complex Project in the Amount of $517,633.
BACKGROUND
Upon completing the “Prior to Construction” conditions required under the City’s loan from the US Department of Agriculture, City staff issued the Notice to Proceed with Construction to Otto Construction effective June 10, 2024 at a not-to-exceed amount of $18,718,392.
Phase 1 will construct the County Library, Teen Innovation Center, Courtyard, parking lot and landscaping. Phase 2 will construct the Community Center including the Community Hall, Fitness Center, commercial kitchen, meeting rooms and restrooms. Constructing Phase 2 will require an additional $10M in funding.
This staff report provides a progress report on the initial construction activities and presents Contract Task Order No. 2 with Harris Associates for Construction Management Services during FY 2024-2025 for City Council approval.
AGENDA
ITEM
19 Packet Pg. 165
REVIEW AND ANALYSIS
CONSTRUCTION UPDATES
Otto Construction began construction on Phase 1 of the Community Center Complex Project on June 10, 2024. The following items have occurred over the last six weeks:
• Contractor mobilization, including placing construction trailers, perimeter fencing and implementing stormwater pollution prevention measures
• Site clearing and demolition of existing paved parking lot, on-site roadway and existing concrete sidewalks
• Safe-off and demolition of existing underground utilities (water, sewer and gas) • Remove existing site lighting
• Pot holing existing utilities at Fifth Street to verify pipe locations and sizes • Trenching for new utilities (sewer line)
• Rough grading
• Installed a construction camera that takes a photo of site activities every fifteen minutes between 8:00AM – 4:00PM
USDA staff visited the site on July 10th. They will visit the site monthly to observe construction progress.
The construction project team meets each Wednesday morning to review action items, discuss the contractor’s Requests for Information, receive schedule updates and other business. Construction progress photos are included below.
Hardscape demolition.
Packet Pg. 166
Demolition of existing, underground utilities.
Pot-holing existing utilities at Fifth Street.
Site rough grading.
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The current schedule milestones are presented in this table:
Activity Date
1 Phase 1 Construction Start June 10, 2024
2 Library and Teen Center Substructure Complete October 2, 2024 3 Rough Mechanical, Electrical, Plumbing Complete January 7, 2025 4 Building Weather tight (Dry In) January 24, 2025
5 Substantial Completion October 31, 2025
6 Final Completion December 15, 2025
TASK ORDER No. 2 FOR CONSTRUCTION MANAGEMENT SERVICES
Harris Associates’ Master Services Agreement and Task Order No. 1 was approved at the September 18, 2023 Council meeting. Their Construction Management services were approved for FY 2023-2024 for an hourly not-to-exceed amount of $452,876. Harris is projected to have expended $227,507 by the end of June 2024.
Harris’ projected fee for their Construction Management and Inspection services for FY 2024-2025 is $639,586; however, the expended funds from Task Order No. 1 will roll over to FY 2024-2025.
Therefore, Task Order No. 2 for Harris & Associates services during FY 2024-2025 is estimated to be $517,633 for a total authorization of $970,509.
Staff recommends the City Council authorize the attached Contract Task Order No. 2 with Harris Associates for their services during FY 2024-2025.
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.
City services will be delivered in a cost-effective, respectful and friendly manner to ensure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. X Yes ____No ____ N/A Explain: See Vision explanation above.
Packet Pg. 168
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes X No N/A
• Housing Yes X No N/A
• Recreation X Yes No N/A
• Environment X Yes No N/A
• Education X Yes No N/A
ALTERNATIVES
Amend or modify staff’s recommendation.
BUDGET IMPACT
Authorizing Contract Task Order No. 2 with Harris & Associates will require encumbering $517,633 in Fund GL100-850-6235.
CONCLUSION
It is recommended that the City Council Receive a Progress Report on Construction of Phase 1 of the Community Center Complex Project, and Authorize Execution of Task Order No. 2 with Haris Associates for Construction Management Services during FY 2024-2025 for the Community Center Complex Project in the Amount of $517,633.
Attachments:
1. Task Order No. 2 - Harris Associates for Construction Management Services
2. Harris Associates May 23, 2024 Letter Proposal
Packet Pg. 169
Task Order No. 2 under the Consulting Services Agreement Between City of Gonzales and Harris & Associates For Construction Management Services on the Gonzales Community Center Complex Project This is Task Order No. 2 under the Non-Exclusive Consulting Services Agreement dated September 18, 2023 between the City of Gonzales, a municipal corporation of the State of California ("City") and Harris & Associates ("Consultant”) for Construction Management Services on the Community Center Complex Project. City and Consultant agree to the following changes to the Agreement:
Section 1 - Services
Harris & Associates will provide Construction Management Services on the Community Center Complex Project during FY 2024/25 as outlined in the Harris & Associates’ May 23, 2024 letter proposal (attached).
Section 2 - Compensation
Compensation for Harris Associates’ efforts under Task Order No. 1 and Task Order No. 2 will be for the not-to-exceed amount of $970,509.
In all other respects, the terms of the Agreement shall remain in effect.
CITY CONSULTANT
City of Gonzales, a municipal corporation Harris & Associates _____________________________ _____________________________ Carmen Gil, City Manager Matt Nethercutt, Practice Director, Construction Management
Date Signed: __________________ Date Signed: __________________ Packet Pg. 170 Attachment: Task Order No. 2 - Harris Associates for Construction Management Services (3039 : Community Center Complex Project Progress Packet Pg. 171 Attachment: Harris Associates May 23, 2024 Letter Proposal (3039 : Community Center Complex Project Progress Report & Task Order No. 2 Packet Pg. 172 Attachment: Harris Associates May 23, 2024 Letter Proposal (3039 : Community Center Complex Project Progress Report & Task Order No. 2 Packet Pg. 173 Attachment: Harris Associates May 23, 2024 Letter Proposal (3039 : Community Center Complex Project Progress Report & Task Order No. 2 City of Gonzales
CITY ATTORNEY
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: July 22, 2024
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, City Manager
SUBJECT: Resolution No. 2024-42 Approving and Accepting the Gonzales Police Department’s AB 481 Fiscal Year 2023-2024 Annual Military Equipment Report Pursuant to Government Code Section 7071(D), and Renewing City of Gonzales Ordinance No. 2022-131 “Approving Gonzales Police Department Policy Manual Policy 709-Military Equipment.”
RECOMMENDATION
It is recommended that the City Council consider and adopt Resolution No. 2024-42, A Resolution of the City Council of the City of Gonzales Approving and Accepting the Gonzales Police Department’s AB 481 Fiscal Year 2023-2024 Annual Military Equipment Report Pursuant to Government Code Section 7071(d), and Renewing City of Gonzales Ordinance No. 2022-131 “Approving Gonzales Police Department Policy Manual Policy 709-Military Equipment.”
BACKGROUND
Effective January 1, 2022, Assembly Bill 481 (codified in Government Code Section 7070 et seq.) requires legislative bodies to adopt ordinances approving military equipment policies before law enforcement agencies can continue to engage in specified activities related to the use of what the state legislature has defined as “military equipment” in Government Code Section 7070. The Gonzales Police Department Military Equipment Policy was approved by the City Council by Ordinance No. 2022-131 on June 20, 2022.
Government Code Section 7071(e)(1) states that a governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (e)(2), to vote on whether to renew the ordinance at a regular meeting.
AGENDA
ITEM
20 Packet Pg. 174
Paragraph (e)(2) of Government Code Section 7071 states that the governing body shall determine, based on an annual report, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d) of Section 7071, which reads as follows:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
If the governing body determines that a type of military equipment identified in its annual military equipment report has not complied with the standards for approval set forth above, the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.
In order to facilitate the orderly annual ordinance review referenced above, Government Code Section 7072 requires that any law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the government body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
A copy of the Gonzales Police Department’s AB 481 Annual Report 2023-24 is attached hereto as Attachment 1.
REVIEW AND ANALYSIS
The City Council considered and adopted Ordinance No. 2022-131 “Approving Gonzales Police Department Policy Manual Policy 709- Military Equipment” on June 20, 2022. During the June 20 meeting, and the prior meeting at which Ordinance No. 2022-131 was introduced, the Council took comment from the public and discussed the ordinance and involved policy.
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On June 3, 2024, the Council received the Police Department’s Annual Report on military equipment.
The Report was thereafter posted on the City’s website on June 7, 2024. Staff also publicized the date and location of the required “Community Engagement Meeting” concerning the Report, set as a part of the City Council’s regular meeting agenda for July 22, 2024, through social media, postings, and as a part of the City Council’s posting of its meeting agenda. Policy 709 has been continuously posted on the City website since adoption.
The Annual Report is meant to provide yearly information about each type of military equipment that was approved by Council. In Gonzales, the only military equipment possessed by the Police Department is nine (9) semi-automatic rifles, three (3) 38mm “Less Lethal Projectile Launchers,” and an Unmanned Aerial System (“drone”), whose purchase and use was approved by the City Council in October of 2023 by Ordinance 2023-141. The Report contains a summary of how such equipment was used, any complaints or concerns received about the equipment, and any associated costs related to the equipment’s use. For this reporting period, the only new military equipment purchased was the aforementioned drone, all equipment was utilized for periodic limited or minimal use in the public and/or for training purposes, and all costs were contained within budget appropriations. The Report does not seek approval of future acquisitions of military equipment.
The Council should hold a community meeting to receive comment upon and to discuss the Annual Report. Thereafter, State law requires that the City review and consider renewal of its ordinance and military equipment policy. With the exception of the drone, whose use has been fully vetted by Ordinance 2023-141, there have been no changes in the types or use of military equipment held by the Police Department in the past year and as such, all of the findings made by the Council in support of the adoption of Policy 709 in 2022 should remain unchanged. Based on this determination, staff believes that both the Annual Report and Ordinance and Policy 709 can be renewed for another year by way of resolution finding that the Annual Report has been prepared in accordance with legal requirements and that there have been no changes to the policy and no immediate plans to acquire any additional military equipment. The adoption of a new ordinance is not needed at this time.
Staff notes that subsequent to the preparation and posting of the Annual Report the City received oral complaints and concerns expressed during public comment at Council meetings about the use of the Police Department’s drone. None of the complaints, including statements about alleged privacy violations, use of the drone in inclement weather, and use for illegal fireworks detection and enforcement, were substantiated or determined to be applicable to the Police Department’s use of a drone. As such, no modification to Policy 709 has been deemed warranted.
Explain Recommendation and How it Supports the Vision.
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small town charm.
Explain: Tracking military equipment owned and used by the Police Department has been deemed by the legislature as an effective means of reassuring the public that such equipment is being properly deployed and is necessary for public safety.
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: It is important for the residents of Gonzales to know what equipment is available to the Police Department to provide protection services in an effective and cost-efficient manner.
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City services will be delivered in a cost-effective, respectful and friendly manner to ensure the safety and well being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. X Yes ___No ___NA Explain: See above.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes ____ No X NA
• Housing Yes ____ No X NA
• Recreation Yes ____ No X NA
• Environment Yes ____ No X NA
• Education Yes ____ No X NA
Explain: NA
ALTERNATIVES
• Adopt Resolution No. 2024-42 “Approving and Accepting the Gonzales Police Department’s AB 481 Fiscal Year 2023-2024 Annual Military Equipment Use Report Pursuant to Government Code Section 7071(d) and Renewing City of Gonzales Ordinance No. 2022-131 “Approving Gonzales Police Department Policy Manual Policy 709-Military Equipment.” • Council could make changes to the Military Equipment Policy and/or Ordinance No. 2022-131 if the Council determines that there has been non-compliance with standards set forth in subdivision (d) of Section 7071 of the Government Code. Council can also renew or disapprove renewal of the authorization for that type of military equipment or require modifications to the military equipment policy in a manner that will address and resolve lack of compliance.
BUDGET IMPACT
There will not be any new, unplanned direct fiscal impacts in continuing the ownership and minimal use of equipment already in the Police Department’s inventory or continuing to collaborate with other law enforcement agencies utilizing miliary equipment, including in mutual aid circumstances. Maintenance costs of existing equipment, if any, is within the Police Department’s budget.
CONCLUSION
It is recommended that the City Council consider and adopt Resolution No. 2024-42, A Resolution of the City Council of the City of Gonzales Approving and Accepting the Gonzales Police Department’s AB 481 Fiscal Year 2023-2024 Annual Military Equipment Report Pursuant to Government Code Section 7071(d), and Renewing City of Gonzales Ordinance No. 2022-131 “Approving Gonzales Police Department Policy Manual Policy 709-Military Equipment.” Attachments:
1. Police Department's AB 481 Annual Report 2023-2024
2. Resolution No. 2024-42
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AB 481 ANNUAL REPORT 2023-2024
GONZALES POLICE DEPARTMENT
AB 481 requires the Police Department to provide the City Council and the public with a report outlining how the military equipment possessed and/or acquired by the City during the previous year was used to ensure the police department is adhering to its policy and the City ordinance concerning military equipment. In Fiscal Year 2023-2024, with Council approval, the Gonzales Police Department acquired non-lethal new equipment that would be considered “military equipment” pursuant to the provisions of Government Code Section 7070 et seq. This new “military equipment” is listed under section 3.
1. Semi-automatic rifles.
A. A summary of how the military equipment was used and the purpose of its use. These are standard-issue duty weapons, occasionally deployed in circumstances in which an officer can articulate a reasonable expectation that the rifle may be needed (e.g. where an officer anticipates an armed encounter, need for long range fire, where an officer believes a suspect may be wearing body armor).
B. A summary of any complaints or concerns received concerning the military equipment.
None.
C. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. None.
D. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the year following submission of the annual military equipment report. Minimal maintenance and training costs, paid for out of Police Department Budget.
E. The quantity possessed of each type of military equipment. Nine.
F. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought, for each type of military equipment. None.
2. 38 mm Less Lethal Projectile Launchers.
A. A summary of how the military equipment was used and the purpose of its use. Not used.
B. A summary of any complaints or concerns received concerning the military equipment.
None.
C. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. None.
D. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the year following submission of the annual military equipment report. No cost for this reporting period.
E. The quantity possessed of each type of military equipment. Three.
Packet Pg. 178 Attachment: Police Department's AB 481 Annual Report 2023-2024 (3048 : Resolution No. 2024-42 Police Departments AB 481 FY 2023-2024 F. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought, for each type of military equipment. None.
3. Unmanned Aerial System (UAS) (aka “drones”). The Gonzales Police Department operates one DJI Matrice 30T UAS. The UAS is an unmanned, remotely powered and piloted aerial system that can sustain direct flight, designed for gathering information via photograph, recording or other means. The UAS is equipped with a Forward Looking Infrared (FLIR) and optical zoom lenses.
A. A summary of how the military equipment was used and the purpose of its use. The Gonzales Police Department uses the UAS for law enforcement operations to preserve and enhance public safety. The UAS can be deployed when an overhead view would assist officers or incident commanders with planning and responding to situations such as:
a. Public safety and life preservation missions including, but not limited by, barricaded suspects, hostage situations, active shooters, apprehension of armed and dangerous fleeing suspects, and during the execution of search warrants. b. Major traffic collision investigations.
c. Natural disaster management or disaster response and recovery. d. Mass casualty events.
e. Search for lost or missing persons or rescue events. f. Suspected explosive devices.
g. Post-incident crime scene preservation and documentation. h. Pursuant to a search warrant.
i. Anytime a UAS would enhance public safety and improve operational safety j. Anti-UAV operations when a person is operating a UAV in a manner which impedes emergency personnel who, in the course of their duties, are coping with an emergency (refer to Penal Code 402(a)(2)).
k. Training missions.
l. Mutual aid support or training missions in support of Gonzales Fire Department when the underlying mission meets the uses outlined in policy. Unmanned aerial systems used by the Gonzales Police Department are used in compliance with all federal, state, and local laws.
m. Special Events.
To date the UAS has been used on numerous test runs during training exercises.
B. A summary of any complaints or concerns received concerning the military equipment.
None.
C. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. None.
D. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the year following submission of the annual military equipment report. Cost for the purchase and training and operational costs in Fiscal Year 2023-24 were $12,442.09.
E. The quality possessed of each type of military equipment. One.
Packet Pg. 179 Attachment: Police Department's AB 481 Annual Report 2023-2024 (3048 : Resolution No. 2024-42 Police Departments AB 481 FY 2023-2024 RESOLUTION NO. 2024-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES APPPROVING AND ACCEPTING THE GONZALES POLICE DEPARTMENT’S AB 481 FISCAL YEAR 2023-2024 ANNUAL MILITARY EQUIPMENT USE REPORT PURSUANT TO GOVERNMENT CODE SECTION 7071(d) AND RENEWING CITY OF GONZALES ORDINANCE NO. 2022-131 “APPROVING GONZALES POLICE DEPARTMENT POLICY MANUAL POLICY 709- MILITARY EQUIPMENT” WHEREAS, Government Code Section 7071 et seq. codifies Assembly Bill 481 and requires legislative bodies to adopt ordinances approving military equipment use policies before law enforcement agencies can continue to engage in activities related to the use of military equipment; and
WHEREAS, the Gonzales Police Department has a limited amount of “military equipment” in its inventory: nine semi-automatic rifles and three 38mm “Less Lethal Projectile Launchers,” which are rarely deployed and used primarily for training purposes, and one Unmanned Aerial System (“drone”) which is used periodically for law enforcement operations and enhanced public safety purposes; and
WHEREAS, in addition to the possession of the aforesaid equipment, the Gonzales Police Department may engage in limited critical public safety activities in coordination with other jurisdictions in possession of military equipment on police-related matters, including safeguarding the public’s welfare and safety, working on regional task forces, conducting training exercises, providing mutual aid and responding to emergencies; and WHEREAS, on June 20, 2022, the Gonzales City Council adopted Ordinance No. 2022- 131 which approved Gonzales Police Department Policy Manual Policy 709- Military Equipment which includes an inventory report of the police department’s military equipment and procedures for use and maintenance of the same; and
WHEREAS, Gonzales’ Military Equipment Policy 709 establishes a military equipment use policy that is consistent with the Police Department’s current practices, complies with the requirements of the Government Code, will continue to ensure ongoing regulation and compliance with the law going forward and will continue to provide a means of community engagement and transparency regarding the use of military equipment by the Department; and WHEREAS, Government Code Section 7071 requires the City Council to conduct an annual review of its ordinance approving the City’s Military Equipment Policy and to vote on whether to renew the ordinance; and
WHEREAS, in order to facilitate the aforesaid ordinance review, the City Council is also required to conduct an annual review of the Police Department’s AB 481 Fiscal Year 2023-2024 Annual Report on military equipment prepared and submitted pursuant to Sections 7071 and 7072 of the Government Code; and
Packet Pg. 180 Attachment: Resolution No. 2024-42 (3048 : Resolution No. 2024-42 Police Departments AB 481 FY 2023-2024 Annual Military Equipment WHEREAS, notice of the Council’s consideration of both Ordinance No. 2022-131 and the AB 481 Annual Report have been provided in accordance with applicable law; and WHEREAS, the City Council desires to find that the AB 481 Annual Report on military equipment complies with the standards of approval set forth in subdivision (d) of Government Code Section 7071 because of the following:
1. Authorizing the use of military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. The use of the Department’s equipment is part of the Department’s overall approach to safe and efficient policing. The equipment will enable department members to properly respond to both planned and unplanned events efficiently and effectively.
2. The Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties by ensuring required reporting, the opportunity for community engagement and feedback, and transparency and oversight regarding the acquisition and use of specified military equipment in the City of Gonzales.
3. If purchasing equipment, the equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. Prior military equipment use complied with the military equipment use policy that was in effect at the time of the use; and
WHEREAS, the City Council has also reviewed and desires to renew Ordinance 2022- 131.
NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Gonzales as follows:
1. All of the statements and facts set forth above are true and correct and incorporated herein by this reference. These recitals constitute findings in this matter and together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this resolution.
2. The City Council finds that Ordinance No. 2022-131 is exempt from the provisions of the California Environmental Quality Act (“CEQA”) because it will not result in a direct or reasonably foreseeable direct physical change in the environment and is not a “project” as defined in Section 15378 of the CEQA Guidelines.
3. The City Council has reviewed the Gonzales Police Department’s AB 481 Annual Military Equipment Report, a copy of which is attached hereto as Exhibit “A” and by this reference incorporated herein and finds that it complies with the standards of approval set forth in subdivision (d) of Government Code Section 7071. The report is hereby approved and accepted.
Packet Pg. 181 Attachment: Resolution No. 2024-42 (3048 : Resolution No. 2024-42 Police Departments AB 481 FY 2023-2024 Annual Military Equipment
4. The City Council hereby finds that Ordinance No. 2022-131 “Approving Gonzales Police Department Policy Manual Policy 709-Military Equipment,” a copy of which is attached hereto as Exhibit “B” and by this reference incorporated herein, is complete, requires no amendment, and meets legal requirements and therefore hereby renews Ordinance 2022-131 for a period of one year from the effective date of this resolution without change. Staff is directed to append a copy of the Police Department’s AB 481 Annual Military Equipment Report to Ordinance 2022-131.
PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular public meeting thereof held on the 22nd day of July, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Jose L. Rios, The Honorable Mayor
ATTEST:
Mary Villegas, Deputy City Clerk
Packet Pg. 182 Attachment: Resolution No. 2024-42 (3048 : Resolution No. 2024-42 Police Departments AB 481 FY 2023-2024 Annual Military Equipment AB 481 ANNUAL REPORT 2023-2024
GONZALES POLICE DEPARTMENT
AB 481 requires the Police Department to provide the City Council and the public with a report outlining how the military equipment possessed and/or acquired by the City during the previous year was used to ensure the police department is adhering to its policy and the City ordinance concerning military equipment. In Fiscal Year 2023-2024, with Council approval, the Gonzales Police Department acquired non-lethal new equipment that would be considered “military equipment” pursuant to the provisions of Government Code Section 7070 et seq. This new “military equipment” is listed under section 3.
1. Semi-automatic rifles.
A. A summary of how the military equipment was used and the purpose of its use. These are standard-issue duty weapons, occasionally deployed in circumstances in which an officer can articulate a reasonable expectation that the rifle may be needed (e.g. where an officer anticipates an armed encounter, need for long range fire, where an officer believes a suspect may be wearing body armor).
B. A summary of any complaints or concerns received concerning the military equipment.
None.
C. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. None.
D. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the year following submission of the annual military equipment report. Minimal maintenance and training costs, paid for out of Police Department Budget.
E. The quantity possessed of each type of military equipment. Nine.
F. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought, for each type of military equipment. None.
2. 38 mm Less Lethal Projectile Launchers.
A. A summary of how the military equipment was used and the purpose of its use. Not used.
B. A summary of any complaints or concerns received concerning the military equipment.
None.
C. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. None.
D. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the year following submission of the annual military equipment report. No cost for this reporting period.
E. The quantity possessed of each type of military equipment. Three.
EXHIBIT A
Packet Pg. 183 Attachment: Resolution No. 2024-42 (3048 : Resolution No. 2024-42 Police Departments AB 481 FY 2023-2024 Annual Military Equipment F. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought, for each type of military equipment. None.
3. Unmanned Aerial System (UAS) (aka “drones”). The Gonzales Police Department operates one DJI Matrice 30T UAS. The UAS is an unmanned, remotely powered and piloted aerial system that can sustain direct flight, designed for gathering information via photograph, recording or other means. The UAS is equipped with a Forward Looking Infrared (FLIR) and optical zoom lenses.
A. A summary of how the military equipment was used and the purpose of its use. The Gonzales Police Department uses the UAS for law enforcement operations to preserve and enhance public safety. The UAS can be deployed when an overhead view would assist officers or incident commanders with planning and responding to situations such as:
a. Public safety and life preservation missions including, but not limited by, barricaded suspects, hostage situations, active shooters, apprehension of armed and dangerous fleeing suspects, and during the execution of search warrants. b. Major traffic collision investigations.
c. Natural disaster management or disaster response and recovery. d. Mass casualty events.
e. Search for lost or missing persons or rescue events. f. Suspected explosive devices.
g. Post-incident crime scene preservation and documentation. h. Pursuant to a search warrant.
i. Anytime a UAS would enhance public safety and improve operational safety j. Anti-UAV operations when a person is operating a UAV in a manner which impedes emergency personnel who, in the course of their duties, are coping with an emergency (refer to Penal Code 402(a)(2)).
k. Training missions.
l. Mutual aid support or training missions in support of Gonzales Fire Department when the underlying mission meets the uses outlined in policy. Unmanned aerial systems used by the Gonzales Police Department are used in compliance with all federal, state, and local laws.
m. Special Events.
To date the UAS has been used on numerous test runs during training exercises.
B. A summary of any complaints or concerns received concerning the military equipment.
None.
C. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. None.
D. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the year following submission of the annual military equipment report. Cost for the purchase and training and operational costs in Fiscal Year 2023-24 were $12,442.09.
E. The quality possessed of each type of military equipment. One.
Packet Pg. 184 Attachment: Resolution No. 2024-42 (3048 : Resolution No. 2024-42 Police Departments AB 481 FY 2023-2024 Annual Military Equipment ORDINANCE NO. 2022-131
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GONZALES
APPROVING GONZALES POLICE DEPARTMENT POLICY MANUAL,
POLICY 709- MILITARY EQUIPMENT
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and WHEREAS, Assembly Bill 481 (AB 481), codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy at a regular meeting held pursuant to open meeting laws prior to taking certain actions relating to the funding, acquisition, or use of “military equipment.” The term “military equipment” is defined in California Government Code Section 7070; and
WHEREAS, AB 481 allows the City Council to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations; and WHEREAS, a proposed military equipment use policy is found within Gonzales Police Department Policy Manual, Policy 709-Military Equipment (“Policy 709”); and WHEREAS, the policy was published and displayed on the City of Gonzales website on April 19, 2022, had a public hearing notice concerning its potential adoption published on June 1, 2022, and is being presented to the City Council for adoption on June 20, 2022; WHEREAS, Policy 709 meets the requirements of California Government Code Section 7070; and
WHEREAS, the Council believes that with respect to Policy 709, 1) the identified equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety, 2) the policy will serve to safeguard the public’s welfare, safety, civil rights, and civil liberties, 3) in future instances in which equipment is to be purchased, the equipment will be reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (the City has no plans to seek grants of surplus property in 2022), and 4) corrective action has been taken, as necessary, to ensure that prior nonconforming use of military equipment is in compliance with new policies; and
WHEREAS, by approving Policy 709, the Council will be authorizing the limited use of identified “military equipment” by the members of the Gonzales Police Department, and attendant annual reporting and approval of use of such equipment in accordance with Policy 709; and
WHEREAS, in the enactment of this ordinance, the City followed the guidelines adopted by the State of California and published in the California Code of Regulations, Title 14, Section 15000, et seq. and found this activity is not a “project” as defined by the California
EXHIBIT B
Packet Pg. 185 Attachment: Resolution No. 2024-42 (3048 : Resolution No. 2024-42 Police Departments AB 481 FY 2023-2024 Annual Military Equipment Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GONZALES DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. All of the recitals set forth above are true and correct and by this reference are adopted as findings of the City Council as though set forth in full within the body of this ordinance.
SECTION 2. The Council hereby approves City of Gonzales Police Department Policy Manual Policy 709-Military Equipment, a copy of which is attached hereto and by this reference incorporated herein. A copy of approved Policy 709 will be added to the City’s website for continuous access by the Council, staff and the public.
SECTION 3. The City Manager is directed to execute all documents and to perform all other acts necessary to implement this Ordinance.
SECTION 4. If any provision, section, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof, or its application to other persons or circumstances. The City Council hereby declares that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subparagraphs, sentences, clauses or phrases, or the application thereof to any person or circumstance, be declared invalid or unconstitutional.
SECTION 5. This ordinance shall become effective on the thirtieth (30th) day following its passage and adoption hereof.
This ordinance was introduced and read on the 18th day of April 2022, and was finally adopted on the 20th day of June 2022, by the following vote:
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales held on the 6th day of June, 2022, by the following vote:
AYES: COUNCIL MEMBERS: Mayor Pro Tem Scott Funk, Liz Silva, Lorraine Worthy, Paul Miller, and Mayor Jose L. Rios
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Jose L. Rios, The Honorable Mayor
ATTEST:
Mary Villegas, Deputy City Clerk
Packet Pg. 186 Attachment: Resolution No. 2024-42 (3048 : Resolution No. 2024-42 Police Departments AB 481 FY 2023-2024 Annual Military Equipment Gonzales Police Department
Policy Manual
____________________________________________________________________________ Military Equipment - 1 Military Equipment
709.1 PURPOSE AND SCOPE
The Gonzales Police Department does not participate in the 1033 Program and has not obtained any military equipment from the military, nor does it possess any equipment that was designed for military use. However, California Government Code § 7071(b) requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing body for approval.
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of “military equipment” (Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy is provided to fulfill the obligations set forth in Assembly Bill 481. These obligations include but are not limited to seeking approval on specific items deemed to be military equipment and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items.
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – any of a wide variety of items as defined by California Government Code section 7070, subsections (c)(1) through (c)(16) listed below:
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
3. High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.
However, items designed to remove a lock, such as bolt cutters, or a handled arm ram designed to be operated by one person, are specifically excluded from this subdivision.
Packet Pg. 187 Attachment: Resolution No. 2024-42 (3048 : Resolution No. 2024-42 Police Departments AB 481 FY 2023-2024 Annual Military Equipment Gonzales Police Department
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____________________________________________________________________________ Military Equipment - 2
8. Firearms and ammunition of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
10. Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue weapons and ammunition of less than 50 caliber that are issued to officers, agents, or employees of a law enforcement agency or state agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard service-issued handheld pepper spray.
13. TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
14. Projectile launch platforms and their associated munitions: 40 mm projectile launchers, “bean bag,” rubber bullet, and specialty impact (SIM) weapons.
15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
16. Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
The bold items above are the current recognized specialized “military equipment” purchased and used by the Gonzales Police Department.
709.2 POLICY REQUIREMENTS
California Government Code § 7070(d) describes a Military Use Equipment as a publicly released, written document that includes, at a minimum the following:
1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.
2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.
3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Packet Pg. 188 Attachment: Resolution No. 2024-42 (3048 : Resolution No. 2024-42 Police Departments AB 481 FY 2023-2024 Annual Military Equipment Gonzales Police Department
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____________________________________________________________________________ Military Equipment - 3 Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.
6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. 709.3 POLICY
It is the policy of the Gonzales Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. It is also the policy of the Gonzales Police Department that there are legally enforceable safeguards, including transparency, oversight and accountability measures in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
The acquisitions of military equipment and its deployment in our communities may impact the public’s safety and welfare. The public has a right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
709.4 MILITARY EQUIPMENT COORDINATOR
The Chief of Police has designated the Police Captain as the Commander to serve as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
1. Acting as liaison to the City Council for matters related to the requirements of this policy.
2. Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
3. Conducting an inventory of all military equipment at least annually.
4. Collaborating with any allied agency that may use military equipment within the jurisdiction of the Gonzales Police Department (Government Code § 7071).
Packet Pg. 189 Attachment: Resolution No. 2024-42 (3048 : Resolution No. 2024-42 Police Departments AB 481 FY 2023-2024 Annual Military Equipment Gonzales Police Department
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____________________________________________________________________________ Military Equipment - 4
5. Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
6. Publicizing the details of the meeting.
7. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
8. Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
9. Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 709.5 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying “military equipment” for the Department. See attached:
Military Equipment List
Current
Desired (none at this time)
Other Jurisdictions (Department will provide cross-references to other Policies) 709.6 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code § 7071):
1. Requesting military equipment made available pursuant to 10 USC § 2576a.
2. Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
3. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
4. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department.
5. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
6. Soliciting or responding to a proposal for, or entering into an agreement with, any Packet Pg. 190 Attachment: Resolution No. 2024-42 (3048 : Resolution No. 2024-42 Police Departments AB 481 FY 2023-2024 Annual Military Equipment Gonzales Police Department
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____________________________________________________________________________ Military Equipment - 5 other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
7. Acquiring military equipment through any means not provided above. 709.7 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.
709.8 ANNUAL REPORT
The Chief of Police or the authorized designee shall submit a military equipment report to the City Council for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). The Chief of Police or the authorized designee shall also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use.
The report shall include the following information for the immediately preceding calendar year as required by Government Code § 7072 for each type of military equipment in department inventory.
1. A summary of how the military equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the military equipment.
3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
5. The quantity possessed for each type of military equipment.
6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. 709.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
Packet Pg. 191 Attachment: Resolution No. 2024-42 (3048 : Resolution No. 2024-42 Police Departments AB 481 FY 2023-2024 Annual Military Equipment Gonzales Police Department
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____________________________________________________________________________ Military Equipment - 6 709.10 COMPLIANCE
The Gonzales Police Department is committed to responding to complaints, concerns, and questions received in a timely manner. Members of the public wishing to make a complaint, ask a question or express a concern can do so by any of the following means:
1. Via email to: [email protected]
2. Via phone call to: Captain Mendoza 831-675-5010
3. Via mail sent to: Gonzales Police Department, 109 4th Street, Gonzales, CA 93926
4. Via in person by responding to the above address
Packet Pg. 192 Attachment: Resolution No. 2024-42 (3048 : Resolution No. 2024-42 Police Departments AB 481 FY 2023-2024 Annual Military Equipment Gonzales Police Department
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____________________________________________________________________________ Military Equipment - 7 Attachments
Packet Pg. 193 Attachment: Resolution No. 2024-42 (3048 : Resolution No. 2024-42 Police Departments AB 481 FY 2023-2024 Annual Military Equipment Gonzales Police Department
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____________________________________________________________________________ Military Equipment - 8 Military Equipment List
Packet Pg. 194 Attachment: Resolution No. 2024-42 (3048 : Resolution No. 2024-42 Police Departments AB 481 FY 2023-2024 Annual Military Equipment Military Equipment List
March 2022
Less Lethal Weapon
Type less lethal tear/flare Launcher
Description Federal Laboratory Gas Riot Gun Model 203-A. Length 27”, Caliber 1.5 38MM, weight 8 LBS Quantity 3
Capabilities Will launch a 38mm (1.05”) less lethal Tear/Flare projectiles up to 150 yards.
Expected
lifespan
15 years
Manufacturer's
description
A 38 MM Model 203-A compact single-shot break open tear/flare launcher. It has a 12-inch smooth bore barrel.
Purpose and
authorized uses
To compel an individual to cease his/her actions when such less lethal weapon presents a reasonable option. A verbal warning of the intended use of the device should precede its application.
Fiscal impact $300 (each)
Legal and
procedural rules
Refer to policy 300 (Use of Force)
Required
training
Sworn members utilizing the 38mm less lethal launcher are to be trained in their use by CA POST certified less lethal instructors.
Compliance
mechanisms
Use is subject to the applicable policies (300 Use of Force) Packet Pg. 195 Attachment: Resolution No. 2024-42 (3048 : Resolution No. 2024-42 Police Departments AB 481 FY 2023- Military Equipment List
March 2022
Lethal Weapon
Type Semi-Auto Patrol Rifle
Description Colt M4 LE6940, Semi-Auto rifle, black in color, with plastic handguard, and adjustable stock.
Quantity 5
Capabilities A rifle that fires an intermediate-power cartridge (.223/5.56) which is more powerful than a standard pistol.
Expected
lifespan
10 years
Manufacturer's
description
The Colt M4 Carbine is a Gas Operated Semi-Auto rifle, chambered in 223 Remington/5.56 NATO. The M4 Carbine features a 16.1" barrel and Reversible safety selector and has an overall expanded length of 35.5". The M4 Carbine utilizes a 4-position collapsible stock.
Purpose and
authorized uses
The Colt M4 Carbine enables officers when in compliance with the GZPD's Use of Force Policy, to address short to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow officers precision shot placement minimizing the risk to officers and innocent citizens. There are no known alternatives to these weapons that will provide the same level of distance and precision.
Fiscal impact $1,100 (each)
Legal and
procedural rules
Refer to policy 300 Use of Force
Required
training
Sworn members utilizing the Colt M4 Carbine are trained in their use by CA POST certified firearms instructors.
Compliance
mechanisms
Use is subject to the applicable Policy 300 (Use of Force) Packet Pg. 196 Attachment: Resolution No. 2024-42 (3048 : Resolution No. 2024-42 Police Departments AB 481 FY 2023- Military Equipment List
March 2022
Lethal Weapon
Type Semi-Auto Patrol Rifle
Description Colt M4 LE6920, Semi-Auto rifle, black in color, with plastic handguard, and adjustable stock.
Quantity 4
Capabilities A rifle that fires an intermediate-power cartridge (.223/5.56) which is more powerful than a standard pistol.
Expected
lifespan
10 years
Manufacturer's
description
The Colt M4 Carbine is a Gas Operated Semi-Auto rifle, chambered in 223 Remington/5.56 NATO. The M4 Carbine features a 16.1" barrel and Reversible safety selector and has an overall expanded length of 35.5". The M4 Carbine utilizes a 4-position collapsible stock and A2 flash hider.
Purpose and
authorized uses
The Colt M4 Carbine enables officers when in compliance with the GZPD's Use of Force Policy, to address short to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow officers precision shot placement minimizing the risk to officers and innocent citizens. There are no known alternatives to these weapons that will provide the same level of distance and precision.
Fiscal impact $1,100 (each)
Legal and
procedural rules
Refer to policy 300 (Use of Force)
Required
training
Sworn members utilizing the Colt M4 Carbine are trained in their use by CA POST certified firearms instructors.
Compliance
mechanisms
Use is subject to the applicable policies (300 Use of Force) Packet Pg. 197 Attachment: Resolution No. 2024-42 (3048 : Resolution No. 2024-42 Police Departments AB 481 FY 2023- Military Equipment List
March 2022
Lethal Ammunition
Type Winchester Ranger Law Enforcement Ammunition .223 Caliber 55 grain pointed soft point rifle round Description Lead Soft Point, Imitates rapid expansion for massive energy deposit. The thin wall jacket reduces engraving forces for improved accuracy. Lead Core designed for maximum fragmentation. Crimped Primer improves functionality and reliability.
Quantity 7,040
Capabilities Operational range 0-300 yards
Expected
lifespan
10 years
Manufacturer's
description
Founded in 1866, Winchester is known as one of the worlds most recognized and respected ammunition brands. Winchester began offering its quality product in 1873 and has been providing the citizens and military of the United States with the same standard of quality ever since.
Winchester Ammunition offers ammo for all occasions- hunting, shooting, and protection. To maintain a high level of innovation across products, Winchester Ammunition is constantly manufacturing newly designed ammo to meet their customer’s needs.
Winchester Ammunition prides itself upon commitment and high-quality products. Along with producing high quality ammunition, Winchester Ammunition truly cares about the shooting sports heritage and is a leader for hunting conservation and education.
Purpose and
authorized uses
To project a force against a selected target to have an effect and stop the threat when other reasonable options are not viable. A verbal warning should precede its application.
Fiscal impact $550 per case of 1000
Legal and
procedural rules
Refer to policies 300 (Use of Force)
Required
training
Sworn members utilizing Winchester ammunition are trained in their use by CA POST certified instructors.
Compliance
mechanisms
Use is subject to applicable policy (300 Use of Force)
Packet Pg. 198 Attachment: Resolution No. 2024-42 (3048 : Resolution No. 2024-42 Police Departments AB 481 FY 2023- City of Gonzales
CITY ATTORNEY
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: July 22, 2024
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, City Manager
SUBJECT: Resolutions of the City Council of the City of Gonzales Confirming Diagrams and Assessments and Levying Annual Assessments Pursuant to the Benefit Assessment Act of 1982 and the Landscaping and Lighting Act of 1972
RECOMMENDATION
Consider and adopt:
1. Resolution No. 2024-43, A Resolution of the City Council of the City of Gonzales Confirming Diagrams and Assessments and Levying Annual Assessments Pursuant to the Benefit Assessment Act of 1982 for Fiscal Year 2024-2025 - California Breeze Benefit Assessment District Nos. 1, 2 and 3;
2. Resolution No. 2024-44, A Resolution of the City Council of the City of Gonzales Confirming Diagram and Assessments and Levying Annual Assessments Pursuant to the Landscaping and Lighting Act of 1972 for Fiscal Year 2024-2025 - California Breeze Parks and Open Spaces Maintenance Assessment District;
3. Resolution No. 2024-45, A Resolution of the City Council of the City of Gonzales Confirming Diagrams and Assessments and Levying Annual Assessments Pursuant to the Benefit Assessment Act of 1982 for Fiscal Year 2024-2025 - Canyon Creek Benefit Assessment District Nos. 1, 2 and 3;
4. Resolution No. 2024-46, A Resolution of the City Council of the City of Gonzales Confirming Diagrams and Assessments and Levying Annual Assessments Pursuant to the Landscaping and Lighting Act of 1972 for Fiscal Year 2024-2025 - Canyon Creek Parks and Open Spaces Maintenance Assessment District Nos. 1, 2 and 3;
AGENDA
ITEM
21 Packet Pg. 199
5. Resolution No. 2024-47, A Resolution of the City Council of the City of Gonzales Confirming Diagrams and Assessments and Levying Annual Assessments Pursuant to the Benefit Assessment Act of 1982 for Fiscal Year 2024-2025 - Gonzales Industrial Park Benefit Assessment District;
6. Resolution No. 2024-48, A Resolution of the City Council of the City of Gonzales Confirming Diagram and Assessments and Levying Annual Assessments Pursuant to the Landscaping and Lighting Act of 1972 for Fiscal Year 2024-2025 - Gonzales Industrial Park Landscape Maintenance Assessment District;
7. Resolution No. 2024-49, A Resolution of the City Council of the City of Gonzales Confirming Diagram and Assessments and Levying Annual Assessments Pursuant to the Benefit Assessment Act of 1982 for Fiscal Year 2024-2025 - Cipriani Estates Benefit Assessment District;
8. Resolution No. 2024-50, A Resolution of the City Council of the City of Gonzales Confirming Diagram and Assessments and Levying Annual Assessments Pursuant to the Landscaping and Lighting Act of 1972 for Fiscal Year 2024-2025 - Cipriani Estates Parks and Open Spaces Maintenance Assessment District.
BACKGROUND
By law, the City is required to schedule annual hearings to set assessments to pay for the costs and expenses of operating, maintaining and servicing public improvements and facilities located within each of the assessment districts that have been previously established by the City. The City’s Designated Engineer of Work, Harris & Associates (“Harris”), has prepared Engineer’s Reports containing information about each of the assessment districts, the improvements to be served through the collection of the assessments, and the actual amount of each assessment on each impacted parcel. Copies of the Preliminary Engineer’s Reports were filed with the City Clerk on or about May 15, 2024 and were and are available for review upon request.
REVIEW & ANALYSIS
On June 3, 2024, the City Council approved Resolutions 2024-18 through 2024-25 providing preliminary approval of the Engineer’s Reports for each of the involved districts and setting the public hearing date for consideration of the assessments for each district as July 22, 2024. Public notice for the hearing for each of the district resolutions was published on July 10, 2024. The attached resolutions, if approved, will provide final approval of the Engineer’s Report for each district, authorize the levy and collection of said assessments, and order the maintenance, operating and/or servicing of the improvements identified in each Engineer’s Report. Labor, overhead and staff costs are also included in the proposed assessments.
At the time the Reports were received the CPI for the previous year was unavailable so a placeholder of 5% was used for preliminary calculations. Since that time, the applicable CPI has been determined as
3.767% and has been used in finalizing all assessment calculations.
Consideration and action on the eight (8) resolutions should only be taken after the public hearing for each district (or groupings of districts) has been completed. Once the resolutions have been approved, Staff has been directed to forward the documents to the County so that the assessments can be paid through the property tax roll system.
The assessments set forth below have been identified for each of the districts for Fiscal Year 2024-2025.
Details on how the fees were calculated are included in each respective Engineer’s Report. Harris is recommending that the City adjust the maximum assessments (the highest assessment that could be levied in any given year during the life of a district) for the Canyon Creek, Cipriani, and Industrial Park Districts by the CPI for the previous year, established at 3.767%. The California Breeze Benefit Assessment Districts do not have provisions for annual CPI adjustments. There is no change in the proposed Fiscal Packet Pg. 200
Year 2024-2025 annual assessments from last year for the California Breeze, Canyon Creek, Cipriani Estates and Gonzales Industrial assessment districts. The proposed assessment amounts to be collected in the upcoming year should be adequate to address relevant labor and material costs. (Except in California Breeze, where fiscal year costs exceed allowable maximum assessments that as noted above, cannot be increased.) The Council may need to consider increased assessments in upcoming years to establish and maintain capital reserve fund balances.
The fees for 2024-2025 will be as follows:
California Breeze Benefit Assessment District No. 1 - Per House $187.00 No. 1 - Commercial $141.14
No. 2 - Per House $185.34
No. 3 - Per House $234.68
California Breeze Parks and Open Spaces
Maintenance Assessment District Phase 1 - Per House $227.00 Phase 1 - Commercial $88.90
Phase 2 - Per House $227.00
Phase 3 - Per House $271.76
Canyon Creek Benefit Assessment District No. 1 - Per House $600.00 No. 2 - Per House $600.00
No. 3 - Per House $600.00
No. 3 MDR1- Per Unit $600.00
Canyon Creek Parks and Open Spaces
Maintenance Assessment District No. 1 - Per House $600.00 No. 2 - Per House $600.00
No. 3 - Per House $486.00
No. 3 MDR - Per Unit $486.00
Gonzales Industrial Park Benefit
Assessment District Per Acre $1,305.00
Gonzales Industrial Park Landscape
Maintenance Assessment District Per Acre $440.00
Cipriani Estates Benefit Assessment District Per House $750.00 Lots 1-7 - $1,052.04 (base assessment plus
additional Storm Drain Maintenance charge)
Cipriani Estates Parks and Open Spaces
Maintenance Assessment District Per House $610.00
All funds collected for each district will be used for the routine maintenance and operation of the public improvements and facilities identified in each Engineer’s Report, labor, overhead, and staff costs, and for maintaining capital reserve fund balances.
Staff recommends that the Council adopt each of the resolutions confirming district diagrams and assessments and levying said assessments in the respective Benefit and Landscape Maintenance Assessment Districts.
Note should be made of the fact that an election to increase the assessments in the California Breeze 1 Medium Density Residential Unit
Packet Pg. 201
benefit and parks and open space assessment districts pursuant to the procedures set forth in Proposition 218 is occurring simultaneously with the two status quo California Breeze resolutions before the Council this evening. If the increased assessments are approved by a majority of the voters, there will be no need to take action on Resolutions Nos 2024-43 and 2024-44.
Explain Recommendation and How it Supports the Vision.
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small town charm.
Explain: The assessments fund the maintenance of various improvements located within the involved subdivisions. Regular and routine maintenance of such improvements helps to preserve the safe and attractive environment the City strives to provide for its citizens.
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: Collection of the assessments will provide financing for the maintenance of a variety of improvements that enhance the quality of life in both the involved subdivisions and the City as a whole.
City services will be delivered in a cost-effective, respectful and friendly manner to ensure the safety and well being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. X Yes ___No ___NA Explain: The proposed assessments will allow the City to maintain a variety of improvements that ensure residential safety and promote local housing opportunities by maintaining a healthy housing stock.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes ____ No NA
• Housing X Yes ____ No NA
• Recreation Yes ____ No X NA
• Environment Yes ____ No X NA
• Education Yes ____ No X NA
Explain: The creation and annual collection of assessments enables the City to maintain improvements vital to public safety and the ongoing well-being of portions of the City’s housing stock.
ALTERNATIVES
None at this time.
BUDGET IMPACT
The City will have to incur the cost of subdivision improvement maintenance if the assessments are not approved and levied.
Packet Pg. 202
CONCLUSION
The Council should open the public hearings, receive comment, and then consider adoption of the resolutions that are the final step in the City’s annual process of levying assessments in various assessment districts established in previous years as a means of covering the costs of maintenance of various subdivision improvements.
Attachments:
1. Proof of Publication Annual Assessment Districts
2. Resol 2024-43 Ca Breeze Benefit
3. Ca Breeze Benefit Report
4. Resol 2024-44 Ca Breeze P&OS
5. Ca Breeze P&OS Report
Packet Pg. 203
Packet Pg. 204 Attachment: Proof of Publication Annual Assessment Districts (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Packet Pg. 205 Attachment: Proof of Publication Annual Assessment Districts (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and RESOLUTION NO. 2024-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
CONFIRMING DIAGRAMS AND ASSESSMENTS AND LEVYING ANNUAL
ASSESSMENTS PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982 FOR FISCAL YEAR 2024-2025
CALIFORNIA BREEZE BENEFIT ASSESSMENT DISTRICT NOS. 1, 2 AND 3 WHEREAS, on or about May 15, 2024, Harris & Associates, the designated Engineer of Work, filed its annual reports for California Breeze Benefit Assessment Districts Nos. 1, 2, and 3, City of Gonzales, Monterey County, California; and
WHEREAS, on June 3, 2024, the City Council adopted Resolution No. 2024-18 stating its intent to confirm diagrams and to levy and collect annual assessments in California Breeze Benefit Assessment District Nos. 1, 2 and 3, and directing the City Clerk to set a public hearing to be held on July 22, 2024, in the meeting place of the City Council located in the Council Chambers, 117 Fourth Street, Gonzales, California, to consider the Engineer’s annual reports and to take action to confirm the diagrams and levy the annual assessments identified therein.
NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Gonzales as follows:
1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding California Breeze Benefit Assessment District Nos. 1, 2 and 3, the levy and collection of assessments, the original and modified Engineer’s Reports prepared in connection therewith, and considered all oral and written statements, protests, and communications made or filed by interested persons regarding these matters.
2. Based on the Engineer’s Reports, the City Council finds and determines that:
a. The land within the identified Districts will receive special benefit by the operation, maintenance, and servicing of improvements located in public places within the boundaries of the Districts; and
b. The Districts include all of the lands so benefited; and c. The amount to be assessed upon the lands within the Districts in accordance with the fee for Fiscal Year 2024-2025 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the estimated benefits to be received by each parcel from the improvements and services.
3. The City Council hereby confirms the diagrams and assessments as set forth in the annual reports of the Engineer of Work and hereby levies the assessments set forth therein for Fiscal Year 2024-2025 within each of said benefit assessment Districts. The assessments in Phases 1, 2, and 3 have been set at $187.00, $141.14 (Phase 1 Commercial), $185.34, and $234.68 respectively.
There is no increase to any of the annual assessments from Fiscal Year 2023-2024.
Packet Pg. 206 Attachment: Resol 2024-43 Ca Breeze Benefit (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44))
4. The assessments confirmed hereby shall be collected at the same time and in the same manner as county taxes are collected and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of assessments. Such funds are ordered to be used for the maintenance, operation and servicing of the improvements, and any and all other items of work necessary and incidental to the proper maintenance and operation thereof, as described in the amended Engineer’s Report.
5. The City Clerk is hereby authorized and directed to file a certified copy of the diagrams and assessments with the County Auditor of Monterey County no later than August 1, 2024, who shall thereafter enter upon the county assessment roll opposite each lot or parcel of land the amount assessed thereupon, as shown in the assessments.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales held on the 22nd day of July, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_________________________________
Jose L. Rios, The Honorable Mayor
ATTEST:
_________________________________
Mary Villegas, Deputy City Clerk
I, the undersigned Deputy City Clerk, hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Gonzales, California, at a regular meeting thereof held on the 22nd day of July, 2024, by the above-stated vote of the members thereof, a majority being present.
Dated: July 22, 2024
_________________________________
Mary Villegas, Deputy City Clerk
Packet Pg. 207 Attachment: Resol 2024-43 Ca Breeze Benefit (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44))
CITY OF GONZALES
FINAL ENGINEER’S REPORT
FISCAL YEAR 2024-25
CALIFORNIA BREEZE BENEFIT ASSESSMENT
DISTRICT NO.’S 1, 2 & 3
FUND #280, 290 & 300
JULY 2024
PREPARED BY
Harris & Associates
450 Lincoln Avenue, Suite 103
Salinas, CA 93901
www.weareharris.com
Packet Pg. 208 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
ENGINEER’S REPORT FOR
FISCAL YEAR 2024-25
CALIFORNIA BREEZE BENEFIT ASSESSMENT DISTRICT
City of Gonzales
Monterey County
State of California
APPROVED BY THE CITY COUNCIL FOR THE CALIFORNIA BREEZE BENEFIT ASSESSMENT DISTRICT OF THE CITY OF GONZALES, STATE OF CALIFORNIA ON THE _____ DAY OF _________, 2024.
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was filed with me on the ________day of ______________, 2024.
Mary Villegas, Deputy City Clerk
City of Gonzales, Monterey County, CA
_________________________________
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was approved and confirmed by the City Council of the City of Gonzales, California on the ________day of ______________, 2024.
Mary Villegas, Deputy City Clerk
City of Gonzales, Monterey County, CA
__________________________
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was filed with the County Auditor of the County of Monterey on the ________day of ______________, 2024.
Mary Villegas, Deputy City Clerk
City of Gonzales, Monterey County, CA
__________________________
Packet Pg. 209 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
TABLE OF CONTENTS
Table of Contents
Certifications…………………………………………………………………………………………………………………………i Statement of Assessment Engineer…………………………………………………………………………………..….1 Plans and Specifications……………………………………………………………………………………………………….3 Estimate of Costs………………………………………………………………………………………………………………….7 District Diagram…………………………………………………………………………………………………………………..10 Method of Apportionment………………………………………………………………………………………………….11 Appendix A – 2023-24 Financial Summary ………………………………………………………………………….15 Appendix B – Assessment Roll ………………………………………………………………………………………..….16 Appendix C – District Diagram …………………………………………………………………………………………...25 Appendix D – Capital Replacement …………………………………………………………………………………….30 Packet Pg. 210 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
1 STATEMENT OF ASSESSMENT ENGINEER
Statement of Assessment Engineer
AGENCY: CITY OF GONZALES
PROJECT: CALIFORNIA BREEZE BENEFIT ASSESSMENT DISTRICT
TO: THE CITY COUNCIL
CITY OF GONZALES
STATE OF CALIFORNIA
ENGINEER’S REPORT FOR FISCAL YEAR 2024-25
The preparation of this Annual Engineer’s Report (“Report”) is in conformance with the obligation of the City Council for the California Breeze Benefit Assessment District of the City of Gonzales to provide drainage services upon each lot or parcel of land in the district in proportion to the estimated benefit to be received by each such lot or parcel of land for Fiscal Year 2024-25.
Pursuant to the Benefit Assessment Act of 1982, Chapter 6.4 of Part 1 of Division 2 of Title 5 of the Government Code (the “1982 Act”), Article XIIID, Section 4(a) of the State of California Constitution, and in accordance with the City of Gonzales’ Resolution adopted by the City Council, this Report has been ordered for:
CALIFORNIA BREEZE BENEFIT ASSESSMENT DISTRICT
(Hereinafter referred to as the “District”),
I, Alison Bouley, authorized representative of the District, the duly appointed Assessment Engineer submit the following Report which consists of the following four (4) parts and Appendices:
PART I
Description of Improvements: This part provides a general description of improvements proposed to be maintained in the District. Plans and specifications for the improvements are on file with the City.
PART II
Estimate of Cost: This part contains the cost estimate of the proposed maintenance including incidental costs and expenses for Fiscal Year 2024-25.
Packet Pg. 211 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
2 PART III
District Diagram: This part incorporates a Diagram of the District showing the external boundaries of the District. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Monterey County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report. The District Diagram is filed under separate cover with the City Clerk.
PART IV
Method of Apportionment of the Assessments: This part describes the method of apportionment of assessments, based upon parcel classification of land within the District in proportion to the estimated special benefits to be received. The costs and expenses of the District have been assessed upon the parcels of land within the boundaries of District pursuant to the initial methodology established by Resolution No. 95-45 approved on the 4 th day of April, 1995. For particulars as
to the identification of parcels, reference is made to the District Diagram.
Appendices
Appendix A – Financial Summary
Appendix B – Assessment Roll
Appendix C – District Diagram
Appendix D – Capital Replacement
In conclusion, it is my opinion that the costs and expenses of the District have been assessed to the lots and parcels within the boundaries of the District in proportion to the estimated benefits to be received by each lot or parcel from the services provided.
DATED this day of July, 2024
___________________________________________
Alison Bouley, P.E., Assessment Engineer
R.C.E. No. C61383
Engineer of Work
Packet Pg. 212 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
3 PART I – PLANS AND SPECIFICATIONS
Plans and Specifications
INTRODUCTION
City Staff has contracted with Harris & Associates (“Harris”) to complete the annual administration process for all of City’s assessment districts. In addition to this required annual process, Harris has conducted an assessment district fund balance and capital asset replacement cash flow analysis to confirm and ensure that the City’s assessment districts annually assess property owners only for the essential funding to complete ongoing maintenance activities and finance timely capital replacement as assets reach the end of their useable lifecycles.
GENERAL DESCRIPTION OF THE DISTRICTS
CALIFORNIA BREEZE BENEFIT ASSESSMENT DISTRICT, PHASE 1
Benefit Assessment District Phase 1 (hereinafter “BAD Phase 1”) was formed in 1995 to provide a dedicated source of funding for the maintenance of various street sweeping, streetlights and lighting costs, storm drain lines repairs and replacement including necessary cleaning, electric current, supervision, debris removal and any and all other items of work necessary and incidental for the proper maintenance and operation thereof. BAD Phase 1 also provides funding for the maintenance of a Retention Pond and appurtenant access road. Incidental costs including contingencies, and assessment district incidentals including engineering, printing, and notices to property owners, collection costs, legal fees, administration and supervision, are assessed to BAD Phase 1 on the same basis as the improvements specified above and drainage facilities within development projects in the City. New developments within the City have been required to annex to BAD Phase 1 as a condition of approval. The assessments and methods of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time BAD Phase 1 was formed.
BAD Phase 1 is generally bounded on the east by Herold Parkway, on the west by State Route 101, on the south by a line approximately 3,200 feet south of Fifth Street and on the north by Fifth Street.
CALIFORNIA BREEZE BENEFIT ASSESSMENT DISTRICT, PHASE 2
Benefit Assessment District No. 2 (hereinafter “BAD Phase 2”) was formed in 1995 to provide a dedicated source of funding for the maintenance and operation of the following described improvements of a local nature on public lands within said district including sweeping, street lights and lighting costs, storm drain lines repairs and replacement, cleaning, flushing, electric current, supervision, debris removal and any and all other items of work necessary and incidental for the proper maintenance and operation thereof.
Incidental costs including contingencies, and assessment district incidentals including engineering, printing, and notices to property owners, collection costs, legal fees, administration and supervision, are assessed to BAD Phase 2 on the same basis as the improvements specified above. The assessments and methods of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time BAD Phase 2 was formed.
Packet Pg. 213 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
4 BAD Phase 2 is generally bounded on the east by Herold Parkway, on the west by State Route 101, on the south by a line approximately 4,300 feet south of Fifth Street and on the north by California Breeze Phase I.
CALIFORNIA BREEZE BENEFIT ASSESSMENT DISTRICT PHASE 3
Benefit Assessment District No. 3 (hereinafter “BAD Phase 3”) was formed in 1995 to provide a dedicated source of funding for the maintenance and operation of the following described improvements of a local nature on public lands within said district including sweeping, street lights and lighting costs, storm drain lines repairs and replacement cleaning, flushing, electric current, supervision, debris removal and any and all other items of work necessary and incidental for the proper maintenance and operation thereof. BAD Phase 3 also provides funding for the maintenance of a Retention Pond and appurtenant access road. Incidental costs including contingencies, and assessment district incidentals including engineering, printing, and notices to property owners, collection costs, legal fees, administration and supervision, are assessed to BAD Phase 3 on the same basis as the improvements specified above. The assessments and methods of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time BAD Phase 3 was formed.
BAD Phase 3 is generally bounded on the east by Herold Parkway, on the west by State Route 101, on the north by a line approximately 4,300 feet south of Fifth Street and on the south by a line approximately 5,100 feet south of Fifth Street.
COMPLIANCE WITH THE CALIFORNIA CONSTITUTION
Assessments are levied annually pursuant to the Benefit Assessment Act of 1982, Chapter 6.4 of Part 1 of Division 2 of Title 5 of the Government Code (“1982 Act”). All assessments described in this Report and approved by the City Council are prepared in accordance with the 1982 Act. BAD 1, BAD 2 and BAD 3 do not include an annual cost escalation factor.
Any future increase in excess of the approved maximum assessments for BAD 1, BAD 2 or BAD 3 will require the approval of a majority of the property owners in accordance with the requirements of Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act.
SUMMARY OF PROPOSED ASSESSMENT AND EXPENDITURES
Approval of the proposed assessment covered by this Engineer’s Report will generate the revenue necessary to:
A. Provide for the continued maintenance and future rehabilitation of the items listed below. Maintenance may include but is not limited to: the upkeep, repair, removal or replacement of all or any part of the specified improvements. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District.
California Breeze BAD Phase 1
1) Sweeping
2) Street Lights and Lighting Costs
3) Storm Drain Lines
4) Retention Pond Maintenance
5) Access Road Maintenance
Packet Pg. 214 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
5 6) Administrative Services (Internal Support)
As generally defined by the 1982 Act, maintenance and servicing of the improvements may include one or any combination of the following:
1) Cleaning
2) Repairs/Replacement
3) Flushing
4) Debris Removal
5) Electric current
6) Incidental Costs
California Breeze BAD Phase 2
1) Sweeping
2) Street Lights and Lighting Costs
3) Storm Drain Lines (repairs and replacement only)
As generally defined by the 1982 Act, maintenance and servicing of the improvements may include one or any combination of the following:
1) Cleaning
2) Repairs/Replacement
3) Flushing
4) Debris Removal
5) Electric current
6) Incidental Costs
California Breeze BAD Phase 3
1) Sweeping
2) Street Lights and Lighting Costs
3) Storm Drain Lines (repairs and replacement only)
4) Retention Pond
5) Access road
Packet Pg. 215 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
6 As generally defined by the 1982 Act, maintenance and servicing of the improvements may include one or any combination of the following:
1) Cleaning
2) Repairs/Replacement
3) Flushing
4) Debris Removal
5) Electric current
6) Incidental Costs
Pursuant to the 1982 Act:
B. "Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement.
"Service" or "servicing" means the furnishing of electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements.
Packet Pg. 216 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
7 PART II – ESTIMATE OF COSTS
Estimate of Costs
All improvements within the Districts are maintained and serviced on a regular basis. Based upon the available revenues generated by the assessment, City staff determines the frequency and specific maintenance operations which can be provided in a given year.
The proposed budget is shown on the following page. This includes an estimate of the costs of utilities, operations, services, administration and maintenance associated with the improvements within the Districts, including all labor, personnel, equipment, materials and administrative expenses. The budget summary also shows the estimated fund balance and the projected fund reserves that will be available and may be required based upon the estimated expenditures and assessment revenue.
Beginning in Fiscal Year 2021-22, the City combined the budget page to show only the total expenditures, revenues, etc. for the District, rather than showing the expenditures and revenues by individual phases of the development, as had been done in previous years.
Packet Pg. 217 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
8 Packet Pg. 218 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
9 A slurry seal project was completed for the District during the 2022 calendar year, using $50,000 from the Capital Reserve fund.
Budget Footnotes
1 Phases I & II utilize one percolation pond. Phase III utilizes a separate retention pond. 2 Regularly scheduled street sweeping services are performed by Franchise Waste Hauler at no cost to the District.
Any services above and beyond said regularly scheduled services will be billed to and paid for the the District 3 The cost for capital replacement reserve for the items shown below are from the City's FY 2018/19 approved budget.
Item Phase I Phase II Phase II
Percolation Pond Dredging $3,000 $0 $20,004
Street Repair $0 $0 $0
Street Lighting Repair $3,000 $0 $18,912
Storm Drain Repair $0 $0 $20,004
Sound Wall Maintenance Reserve $3,000 $0 $0
Reserve collections from the Budget page are lower because the current assessment rate cannot support higher collection amounts.
See Appendix D for detailed cost breakdown for these items. 4 Items included in this category include salaries, overtime, Workers's Comp, Retirement & Insurance (Life, Health & FICA). 5 6
Phase 1 SFR (single family residential) Maximum Assessment $187.01. Actual Assessment $187.00. Assessment Needed to Fully Fund $340.96 Phase 1 COM (commercial) Maximum Assessment $141.14. Actual Assessment $141.14. Assessment Needed to Fully Fund $340.99 Phase 2 SFR Maximum Assessment $185.35. Actual Assessment $185.34. Assessment Needed to Fully Fund $340.96 Phase 3 SFR Maximum Assessment $234.68. Actual Assessment $234.68. Assessment Needed to Fully Fund $340.96 Beginning in Fiscal Year 2017/18, a Capital Reserve Fund was established for the District. The amounts collected for the current year, if any, are shown in the Budget table above. The Beginning Balances for the Capital Reserve Funds were initially transferred from the Operating Reserve Fund. The amounts in the Operating Reserve Funds should be sufficient to pay for the operations and maintenance costs for the first six months of the fiscal year. Any addition to or (reduction from) the Capital Reserve Fund will be shown and calculated annually in the same manner as the Operating Reserve Fund. Also, any funds collected for Capital Reserve, and not spent, will be included in the ending Capital Reserve fund balance the following year. Currently, the District Assessments do not have the capacity to collect any reserve amounts. Assessments must be increased in order to begin collecting funds for Capital improvement projects.
The California Breeze Benefit Assessment District has 3 separate phases. The assessment amounts for each are as follows:
Packet Pg. 219 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
10 PART III – DISTRICT DIAGRAM
District Diagram
The boundaries of the California Breeze Benefit Assessment District are shown on the map in Appendix B. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Monterey County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report. The District Diagram is also filed under separate cover with the City Clerk.
Packet Pg. 220 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
11 PART IV – METHOD OF APPORTIONMENT
Method of Apportionment
GENERAL PROVISIONS – SPECIAL BENEFIT
Pursuant to the 1982 Act and Article XIIID, all parcels that receive a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. Chapter 6.4, Division 2, Title 5, of the Government Code, the Benefit Assessment Act of 1982, permits the establishment of assessment districts by Cities for the purpose of providing certain public improvements that include street maintenance.
Section 54711 of the Benefit Assessment Act of 1982 requires that maintenance assessments be levied according to benefit rather than according to assessed value. This Section states:
(a) No benefit assessment shall be levied pursuant to this chapter unless it meets all of the following requirements:
(1) The amount of the assessment imposed on any parcel of property shall be related to the benefit to the parcel which will be derived from the provision of the service. Except as provided in subdivision (d) or (e) of Section 54715, in the case of a benefit assessment for flood control services, the benefit must be determined on the basis of the proportionate storm water runoff from each parcel. In the case of an assessment for the maintenance of streets, roads, or highways, the benefit shall be in proportion to the estimated traffic volume to be generated by each parcel assessed, or by any other reasonable basis as determined by the legislative body. (2) The annual aggregate amount of the assessment shall not exceed the estimated annual cost of providing the service.
(3) The revenue derived from the assessment shall not be used to pay the cost of any service other than the service for which the assessment was levied.
The 1982 Act also permits the designation of zones of benefit within any individual assessment district.
Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIIID also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways.
The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. The costs for the operation, maintenance and servicing of the improvements maintained for each zone are apportioned in accordance with the methodology which was established by the City Council upon formation of the Districts.
Packet Pg. 221 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
12 GENERAL PROVISIONS – GENERAL BENEFIT
Although the improvements may include public streets and drainage facilities that connect to similar facilities outside the Districts’ boundaries, the construction, maintenance and operation of these improvements are only necessary for the development of properties within the Districts. As such, these improvements were not required nor necessarily desired by any properties or developments outside the Districts’ boundaries and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the ongoing maintenance, servicing and operation of the District’s improvements provide no measurable general benefit to properties outside the Districts or to the public at large, but clearly provide distinct and special benefits to properties within the Districts.
ASSESSMENT METHODOLOGY
Method of Assessment – BAD Phase 1
All costs associated with the maintenance and operation of BAD Phase 1 improvements including Engineer’s Report, printing and advertising of assessment notices, County collection fees and legal fees shall be spread to all parcels on a pro-rata development unit basis.
One hundred percent (100%) of all costs associated with the maintenance and operation of the BAD 1 improvementsincluding incidentals and appurtenances is of special benefit to parcels within the district and shall be spread to all developed parcels within the District on a pro-rata development unit basis. Developed parcels are those parcels on which final map has been filed. Said parcels are also abutting or obtaining primary access from a public street.
Undeveloped parcels without an approved tentative Map shall be assessed for zero (0) the total of potential development units.
Factored development unit calculations for residential areas are as follows: Low Density residential = 1.0 Equivalent Dwelling Unit (EDU)
Office and commercial use is assessed based on an equivalent basis of 3.8 EDUs per acre using the gross parcel area. The resulting parcel A area, as shown on the assessment diagram, is assessed at 13.6 EDUs.
Monterey County charges 0.25% of the levy amount for collection for administration of the District.
Proposed and existing community or neighborhood park lands are of special benefit to parcels within Phase 1, Phase 2, and Phase 3, and are not assessed (Parcels B and C), as shown on the assessment diagram. The detention pond, Parcel B, which is for the exclusive use of this development, is not assessed.
The neighborhood park, Parcel C, was a development requirement, and was constructed by this development.
The assessment costs for the operation; maintenance and servicing of the improvements are apportioned in accordance with the methodology which was established by the City Council upon formation of the District. It was determined at that time that the most equitable method for spreading the estimated benefit received by each parcel in BAD Phase 1 should be based on the EDU method. One parcel within the boundaries of BAD Phase 1 is designated under a commercial land use. While the residential parcels will be assessed on the basis of one EDU per parcel, the commercial parcel will be assessed four (4) EDU per acre. The formula is as follows:
Packet Pg. 222 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
13 Method of Assessment – BAD Phase 2
All costs associates with the maintenance and operation of BAD Phase 2 improvements including Engineer’s Report, printing and advertising of assessment notices, County collection fees and legal fees all of which shall be spread to all parcels on a prorata development unit basis.
One hundred percent (100%) of all costs associates with the maintenance and operation of the BAD Phase 2 improvements including incidentals and appurtenances is of special benefit to parcels within the District and shall be spread to all developed parcels within the District on a pro-rata development unit basis. Developed parcels are those parcels on which final map has been filed. Said parcels are also abutting or obtaining primary access from a public street.
Unit calculations for residential areas are as follows: Low Density Residential = 1.0 Equivalent Dwelling Unit (EDU).
The assessment costs for the operation, maintenance, and servicing of the improvements are apportioned in accordance with the methodology which was established by the City Council upon formation of the District. It was determined at that time that the most equitable method for spreading the estimated benefit received by each parcel in BAD Phase 2 should be based on the EDU method. The formula is as follows:
Method of Assessment – BAD Phase 3
All costs associates with the maintenance and operation of BAD Phase 3 improvements, including Engineer’s Report, printing and advertising of assessment notices, County collection fees and legal fees, all of which shall be spread to all parcels on a prorata development unit basis.
One hundred percent (100%) of all costs associates with the maintenance and operation of the BAD Phase 3 improvements, including incidentals and appurtenances is of special benefit to properties within the District and shall be spread to all developed parcels within the District on a pro-rata development unit basis. The neighborhood park was constructed by this development for the benefit of this development. Developed Parcels are those parcels on which a final map has been filed. Said parcels are also abutting or obtaining primary access from a public street.
Factored development unit calculations for residential areas are as follows: Low Density residential = 1.0 Equivalent Dwelling Unit (EDU).
LANDUSE PARCELS
DWELLING
UNITS ACRES
EDU
FACTOR
TOTAL
EDU RATE/EDU TOTAL ASMT
RESIDENTIAL 72 72 n/a 1.00 72.00 $187.00 $13,464.00
COMMERCIAL 2 0 3.40 3.80 12.93 $141.14 $1,825.16
TOTAL 74 72 3.40 84.93 $15,289.16
BENEFIT ASSESSMENT DISTRICT PHASE 1 MAINTENANCE ASSESSMENT CALCULATION
LANDUSE PARCELS
DWELLING
UNITS ACRES
EDU
FACTOR
TOTAL
EDU RATE/EDU TOTAL ASMT
RESIDENTIAL 131 131 n/a 1.00 131.00 $185.34 $24,279.54
BENEFIT ASSESSMENT DISTRICT PHASE 2 MAINTENANCE ASSESSMENT CALCULATION Packet Pg. 223 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
14 Parcels owned by the City of Gonzales are not assessed, which include Parcel “A”, right-of-way reservation, right-of-way for a future grade separation structure, and Parcel “B”, the retention pond site, which was constructed to serve this development.
The assessment costs for the operation, maintenance, and servicing of the improvements are apportioned in accordance with the methodology which was established by the City Council upon formation of the District. It was determined at that time that the most equitable method for spreading the estimated benefit received by each parcel in BAD Phase 3 should be based on the EDU method. The formula is as follows:
LANDUSE PARCELS
DWELLING
UNITS ACRES
EDU
FACTOR
TOTAL
EDU RATE/EDU TOTAL ASMT
RESIDENTIAL 114 114 n/a 1.00 114.00 $234.68 $26,753.52
BENEFIT ASSESSMENT DISTRICT PHASE 3 MAINTENANCE ASSESSMENT CALCULATION Packet Pg. 224 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
15 APPENDIX A – FINANCIAL SUMMARY
2023-24 Financial Summary
Annual Budget
EXPENDITURES
Maintenance and Servicing
Percolation Pond Maintenance 1 $332
Access Road Maintenance $332
Street Sweeping 2 $0
Street Repairs (pot holes) $0
Maintenance and Servicing Subtotal $664
Utilities $7,700
Capital Replacement/Repair Collection 3
Percolation Pond Dredging $7,500
Access Road Resurfacing $2,500
Street Resurfacing and Street Sign Replacement $35,000
Street Repair $0
Street Lighting Repair $11,000
Storm Drain Repair $7,500
Capital Replacement/Repair Subtotal $63,500
Capital Outlay $0
District Administration
City Staff (YE Transfers GF) $14,000
City Administration $3,500
City Labor and Overhead 4 $10,652
Engineering (Surveys & Assessment) $10,791
Supplies, Printing & Advertising Notices $18
Legal Counsel $1,500
Legal and Accounting Services $0
County Collection Fee $166
Contingency $0
District Administration Subtotal $40,628
TOTAL EXPENDITURES $112,492
REVENUES & ADJUSTMENTS
Actual/Estimated Assessments $66,322
Actual/Estimated Use of Money and Property $353
Transfer (To)/From Fund Balance $45,816
TOTAL REVENUES & ADJUSTMENTS $112,492
OPERATING RESERVE FUND BALANCE 5
Estimated Balance 7/1/2023 $56,246
Estimated Addition/(Reduction) $0
Estimated Interest Income $2,250
Estimated Balance 6/30/2024 $58,496
CAPITAL RESERVE FUND BALANCE
Estimated Balance 7/1/2023 $86,351
Estimated Addition/(Reduction) $0
Estimated Interest Income $3,454
Estimated Balance 6/30/2024 $89,805
ANNUAL LEVY SUMMARY 6
Total SFR Parcels Levied 317
Total SFR EDUs 317.00
Maximum Assessment per EDU Varies*
Assessment per EDU Varies*
Assessment Needed to Fully Fund $340.96
Total Commercial Parcels Levied 2
Total Commercial EDUs 12.93
Maximum Assessment per EDU $141.14
Assessment per EDU $141.14
Assessment Needed to Fully Fund $340.99
Packet Pg. 225 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
16 APPENDIX B – ASSESSMENT ROLL
Assessment Roll
The proposed assessment and the amount of the assessment apportioned to each lot or parcel, as shown on the latest roll at the Assessor’s Office, is shown in Appendix A. The description of each lot or parcel is part of the records of the Assessor of the County of Monterey and those records are, by reference, made part of this report. The assessments shown will be submitted to the County Auditor/Controller, and included on the property tax bill for each parcel shown in the assessment roll for Fiscal Year 2024-25.
Packet Pg. 226 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
17 APN Phase EDU
Base
Assessment
Rate
County Collection
Fee Total Assessment
020-281-001-000 I 1.00 $186.53 $0.47 $187.00
020-281-002-000 I 1.00 $186.53 $0.47 $187.00
020-281-003-000 I 1.00 $186.53 $0.47 $187.00
020-281-004-000 I 1.00 $186.53 $0.47 $187.00
020-281-005-000 I 1.00 $186.53 $0.47 $187.00
020-281-006-000 I 1.00 $186.53 $0.47 $187.00
020-281-007-000 I 1.00 $186.53 $0.47 $187.00
020-281-008-000 I 1.00 $186.53 $0.47 $187.00
020-281-009-000 I 1.00 $186.53 $0.47 $187.00
020-281-010-000 I 1.00 $186.53 $0.47 $187.00
020-281-011-000 I 1.00 $186.53 $0.47 $187.00
020-281-012-000 I 1.00 $186.53 $0.47 $187.00
020-281-013-000 I 1.00 $186.53 $0.47 $187.00
020-281-014-000 I 1.00 $186.53 $0.47 $187.00
020-281-015-000 I 1.00 $186.53 $0.47 $187.00
020-281-016-000 I 1.00 $186.53 $0.47 $187.00
020-281-017-000 I 1.00 $186.53 $0.47 $187.00
020-281-018-000 I 1.00 $186.53 $0.47 $187.00
020-281-019-000 I 1.00 $186.53 $0.47 $187.00
020-281-020-000 I 1.00 $186.53 $0.47 $187.00
020-281-021-000 I 1.00 $186.53 $0.47 $187.00
020-281-022-000 I 1.00 $186.53 $0.47 $187.00
020-281-023-000 I 1.00 $186.53 $0.47 $187.00
020-281-024-000 I 1.00 $186.53 $0.47 $187.00
020-281-025-000 I 1.00 $186.53 $0.47 $187.00
020-281-026-000 I 1.00 $186.53 $0.47 $187.00
020-281-027-000 I 1.00 $186.53 $0.47 $187.00
020-281-028-000 I 1.00 $186.53 $0.47 $187.00
020-281-029-000 I 1.00 $186.53 $0.47 $187.00
020-281-030-000 I 1.00 $186.53 $0.47 $187.00
020-281-031-000 I 1.00 $186.53 $0.47 $187.00
020-281-032-000 I 1.00 $186.53 $0.47 $187.00
020-281-033-000 I 1.00 $186.53 $0.47 $187.00
020-281-034-000 I 1.00 $186.53 $0.47 $187.00
020-281-035-000 I 1.00 $186.53 $0.47 $187.00
Packet Pg. 227 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
18 APN Phase EDU
Base
Assessment
Rate
County Collection
Fee Total Assessment
020-281-036-000 I 1.00 $186.53 $0.47 $187.00
020-281-037-000 I 1.00 $186.53 $0.47 $187.00
020-281-038-000 I 1.00 $186.53 $0.47 $187.00
020-281-039-000 I 1.00 $186.53 $0.47 $187.00
020-281-040-000 I 1.00 $186.53 $0.47 $187.00
020-281-041-000 I 1.00 $186.53 $0.47 $187.00
020-281-042-000 I 1.00 $186.53 $0.47 $187.00
020-281-043-000 I 1.00 $186.53 $0.47 $187.00
020-281-044-000 I 1.00 $186.53 $0.47 $187.00
020-281-045-000 I 1.00 $186.53 $0.47 $187.00
020-281-046-000 I 1.00 $186.53 $0.47 $187.00
020-281-047-000 I 1.00 $186.53 $0.47 $187.00
020-281-048-000 I 1.00 $186.53 $0.47 $187.00
020-281-049-000 I 1.00 $186.53 $0.47 $187.00
020-281-050-000 I 1.00 $186.53 $0.47 $187.00
020-281-051-000 I 1.00 $186.53 $0.47 $187.00
020-281-052-000 I 1.00 $186.53 $0.47 $187.00
020-281-053-000 I 1.00 $186.53 $0.47 $187.00
020-281-054-000 I 1.00 $186.53 $0.47 $187.00
020-281-055-000 I 1.00 $186.53 $0.47 $187.00
020-281-056-000 I 1.00 $186.53 $0.47 $187.00
020-281-057-000 I 1.00 $186.53 $0.47 $187.00
020-281-058-000 I 1.00 $186.53 $0.47 $187.00
020-281-059-000 I 1.00 $186.53 $0.47 $187.00
020-281-060-000 I 1.00 $186.53 $0.47 $187.00
020-281-061-000 I 1.00 $186.53 $0.47 $187.00
020-281-062-000 I 1.00 $186.53 $0.47 $187.00
020-281-063-000 I 1.00 $186.53 $0.47 $187.00
020-281-064-000 I 1.00 $186.53 $0.47 $187.00
020-281-065-000 I 1.00 $186.53 $0.47 $187.00
020-281-066-000 I 1.00 $186.53 $0.47 $187.00
020-281-067-000 I 1.00 $186.53 $0.47 $187.00
020-281-068-000 I 1.00 $186.53 $0.47 $187.00
020-281-069-000 I 1.00 $186.53 $0.47 $187.00
020-281-070-000 I 1.00 $186.53 $0.47 $187.00
020-281-071-000 I 1.00 $186.53 $0.47 $187.00
020-281-072-000 I 1.00 $186.53 $0.47 $187.00
020-281-073-001 I 0.00 $186.53 $0.00 $0.00
020-281-074-000 I 0.00 $186.53 $0.00 $0.00
020-281-075-000 I 0.00 $186.53 $0.00 $0.00
020-281-078-000 I 2.19 $140.79 $0.77 $309.46
020-281-081-000 I 10.74 $140.79 $3.78 $1,515.70
TOTALS 84.93 $15,289.16
Packet Pg. 228 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
19 APN Phase EDU
Base
Assessment
Rate
County Collection
Fee Total Assessment
020-291-001-000 II 1.00 $184.88 $0.46 $185.34
020-291-002-000 II 1.00 $184.88 $0.46 $185.34
020-291-003-000 II 1.00 $184.88 $0.46 $185.34
020-291-004-000 II 1.00 $184.88 $0.46 $185.34
020-291-005-000 II 1.00 $184.88 $0.46 $185.34
020-291-006-000 II 1.00 $184.88 $0.46 $185.34
020-291-007-000 II 1.00 $184.88 $0.46 $185.34
020-291-008-000 II 1.00 $184.88 $0.46 $185.34
020-291-009-000 II 1.00 $184.88 $0.46 $185.34
020-291-010-000 II 1.00 $184.88 $0.46 $185.34
020-291-011-000 II 1.00 $184.88 $0.46 $185.34
020-291-012-000 II 1.00 $184.88 $0.46 $185.34
020-291-013-000 II 1.00 $184.88 $0.46 $185.34
020-291-014-000 II 1.00 $184.88 $0.46 $185.34
020-291-015-000 II 1.00 $184.88 $0.46 $185.34
020-292-001-000 II 1.00 $184.88 $0.46 $185.34
020-292-002-000 II 1.00 $184.88 $0.46 $185.34
020-292-003-000 II 1.00 $184.88 $0.46 $185.34
020-292-004-000 II 1.00 $184.88 $0.46 $185.34
020-292-005-000 II 1.00 $184.88 $0.46 $185.34
020-292-006-000 II 1.00 $184.88 $0.46 $185.34
020-292-007-000 II 1.00 $184.88 $0.46 $185.34
020-292-008-000 II 1.00 $184.88 $0.46 $185.34
020-292-009-000 II 1.00 $184.88 $0.46 $185.34
020-292-010-000 II 1.00 $184.88 $0.46 $185.34
020-292-011-000 II 1.00 $184.88 $0.46 $185.34
020-292-012-000 II 1.00 $184.88 $0.46 $185.34
020-292-013-000 II 1.00 $184.88 $0.46 $185.34
020-292-018-000 II 1.00 $184.88 $0.46 $185.34
020-292-019-000 II 1.00 $184.88 $0.46 $185.34
020-292-020-000 II 1.00 $184.88 $0.46 $185.34
020-292-021-000 II 1.00 $184.88 $0.46 $185.34
020-292-022-000 II 1.00 $184.88 $0.46 $185.34
020-292-023-000 II 1.00 $184.88 $0.46 $185.34
020-292-024-000 II 1.00 $184.88 $0.46 $185.34
020-292-025-000 II 1.00 $184.88 $0.46 $185.34
020-292-026-000 II 1.00 $184.88 $0.46 $185.34
020-292-027-000 II 1.00 $184.88 $0.46 $185.34
020-292-028-000 II 1.00 $184.88 $0.46 $185.34
020-292-029-000 II 1.00 $184.88 $0.46 $185.34
020-293-001-000 II 1.00 $184.88 $0.46 $185.34
020-293-002-000 II 1.00 $184.88 $0.46 $185.34
Packet Pg. 229 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
20 APN Phase EDU
Base
Assessment
Rate
County Collection
Fee Total Assessment
020-293-003-000 II 1.00 $184.88 $0.46 $185.34
020-293-004-000 II 1.00 $184.88 $0.46 $185.34
020-293-005-000 II 1.00 $184.88 $0.46 $185.34
020-293-006-000 II 1.00 $184.88 $0.46 $185.34
020-293-007-000 II 1.00 $184.88 $0.46 $185.34
020-293-008-000 II 1.00 $184.88 $0.46 $185.34
020-293-009-000 II 1.00 $184.88 $0.46 $185.34
020-293-010-000 II 1.00 $184.88 $0.46 $185.34
020-293-011-000 II 1.00 $184.88 $0.46 $185.34
020-293-012-000 II 1.00 $184.88 $0.46 $185.34
020-293-013-000 II 1.00 $184.88 $0.46 $185.34
020-293-014-000 II 1.00 $184.88 $0.46 $185.34
020-293-015-000 II 1.00 $184.88 $0.46 $185.34
020-294-001-000 II 1.00 $184.88 $0.46 $185.34
020-294-002-000 II 1.00 $184.88 $0.46 $185.34
020-294-003-000 II 1.00 $184.88 $0.46 $185.34
020-294-004-000 II 1.00 $184.88 $0.46 $185.34
020-294-005-000 II 1.00 $184.88 $0.46 $185.34
020-294-006-000 II 1.00 $184.88 $0.46 $185.34
020-294-007-000 II 1.00 $184.88 $0.46 $185.34
020-294-008-000 II 1.00 $184.88 $0.46 $185.34
020-294-010-000 II 1.00 $184.88 $0.46 $185.34
020-301-001-000 II 1.00 $184.88 $0.46 $185.34
020-301-002-000 II 1.00 $184.88 $0.46 $185.34
020-301-003-000 II 1.00 $184.88 $0.46 $185.34
020-301-004-000 II 1.00 $184.88 $0.46 $185.34
020-301-005-000 II 1.00 $184.88 $0.46 $185.34
020-301-006-000 II 1.00 $184.88 $0.46 $185.34
020-301-007-000 II 1.00 $184.88 $0.46 $185.34
020-301-008-000 II 1.00 $184.88 $0.46 $185.34
020-301-009-000 II 1.00 $184.88 $0.46 $185.34
020-301-010-000 II 1.00 $184.88 $0.46 $185.34
020-301-011-000 II 1.00 $184.88 $0.46 $185.34
020-301-012-000 II 1.00 $184.88 $0.46 $185.34
020-301-013-000 II 1.00 $184.88 $0.46 $185.34
020-301-014-000 II 1.00 $184.88 $0.46 $185.34
020-301-015-000 II 1.00 $184.88 $0.46 $185.34
020-301-016-000 II 1.00 $184.88 $0.46 $185.34
020-301-017-000 II 1.00 $184.88 $0.46 $185.34
020-301-018-000 II 1.00 $184.88 $0.46 $185.34
020-301-019-000 II 1.00 $184.88 $0.46 $185.34
020-301-020-000 II 1.00 $184.88 $0.46 $185.34
020-301-021-000 II 1.00 $184.88 $0.46 $185.34
020-301-022-000 II 1.00 $184.88 $0.46 $185.34
Packet Pg. 230 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
21 APN Phase EDU
Base
Assessment
Rate
County Collection
Fee Total Assessment
020-301-023-000 II 1.00 $184.88 $0.46 $185.34
020-301-024-000 II 1.00 $184.88 $0.46 $185.34
020-301-025-000 II 1.00 $184.88 $0.46 $185.34
020-302-001-000 II 1.00 $184.88 $0.46 $185.34
020-302-002-000 II 1.00 $184.88 $0.46 $185.34
020-302-003-000 II 1.00 $184.88 $0.46 $185.34
020-302-004-000 II 1.00 $184.88 $0.46 $185.34
020-302-005-000 II 1.00 $184.88 $0.46 $185.34
020-302-006-000 II 1.00 $184.88 $0.46 $185.34
020-302-007-000 II 1.00 $184.88 $0.46 $185.34
020-302-008-000 II 1.00 $184.88 $0.46 $185.34
020-302-009-000 II 1.00 $184.88 $0.46 $185.34
020-302-010-000 II 1.00 $184.88 $0.46 $185.34
020-302-011-000 II 1.00 $184.88 $0.46 $185.34
020-302-012-000 II 1.00 $184.88 $0.46 $185.34
020-302-013-000 II 1.00 $184.88 $0.46 $185.34
020-302-014-000 II 1.00 $184.88 $0.46 $185.34
020-302-015-000 II 1.00 $184.88 $0.46 $185.34
020-302-016-000 II 1.00 $184.88 $0.46 $185.34
020-302-017-000 II 1.00 $184.88 $0.46 $185.34
020-302-018-000 II 1.00 $184.88 $0.46 $185.34
020-302-019-000 II 1.00 $184.88 $0.46 $185.34
020-302-020-000 II 1.00 $184.88 $0.46 $185.34
020-303-001-000 II 1.00 $184.88 $0.46 $185.34
020-303-002-000 II 1.00 $184.88 $0.46 $185.34
020-303-003-000 II 1.00 $184.88 $0.46 $185.34
020-303-004-000 II 1.00 $184.88 $0.46 $185.34
020-303-005-000 II 1.00 $184.88 $0.46 $185.34
020-303-006-000 II 1.00 $184.88 $0.46 $185.34
020-303-007-000 II 1.00 $184.88 $0.46 $185.34
020-303-008-000 II 1.00 $184.88 $0.46 $185.34
020-303-009-000 II 1.00 $184.88 $0.46 $185.34
020-303-010-000 II 1.00 $184.88 $0.46 $185.34
020-303-011-000 II 1.00 $184.88 $0.46 $185.34
020-303-012-000 II 1.00 $184.88 $0.46 $185.34
020-303-013-000 II 1.00 $184.88 $0.46 $185.34
020-303-014-000 II 1.00 $184.88 $0.46 $185.34
020-303-015-000 II 1.00 $184.88 $0.46 $185.34
020-303-016-000 II 1.00 $184.88 $0.46 $185.34
020-303-017-000 II 1.00 $184.88 $0.46 $185.34
020-303-018-000 II 1.00 $184.88 $0.46 $185.34
020-303-019-000 II 1.00 $184.88 $0.46 $185.34
020-303-020-000 II 1.00 $184.88 $0.46 $185.34
020-303-021-000 II 1.00 $184.88 $0.46 $185.34
020-303-022-000 II 1.00 $184.88 $0.46 $185.34
TOTALS 131.00 $24,279.54
Packet Pg. 231 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
22 APN Phase EDU
Base
Assessment
Rate
County Collection
Fee Total Assessment
020-311-001-000 III 1.00 $234.10 $0.59 $234.68
020-311-002-000 III 1.00 $234.10 $0.59 $234.68
020-311-003-000 III 1.00 $234.10 $0.59 $234.68
020-311-004-000 III 1.00 $234.10 $0.59 $234.68
020-311-005-000 III 1.00 $234.10 $0.59 $234.68
020-311-006-000 III 1.00 $234.10 $0.59 $234.68
020-311-007-000 III 1.00 $234.10 $0.59 $234.68
020-311-008-000 III 1.00 $234.10 $0.59 $234.68
020-311-009-000 III 1.00 $234.10 $0.59 $234.68
020-311-010-000 III 1.00 $234.10 $0.59 $234.68
020-311-011-000 III 1.00 $234.10 $0.59 $234.68
020-311-012-000 III 1.00 $234.10 $0.59 $234.68
020-311-013-000 III 1.00 $234.10 $0.59 $234.68
020-311-014-000 III 1.00 $234.10 $0.59 $234.68
020-311-015-000 III 1.00 $234.10 $0.59 $234.68
020-311-016-000 III 1.00 $234.10 $0.59 $234.68
020-311-017-000 III 1.00 $234.10 $0.59 $234.68
020-311-018-000 III 1.00 $234.10 $0.59 $234.68
020-311-019-000 III 1.00 $234.10 $0.59 $234.68
020-311-020-000 III 1.00 $234.10 $0.59 $234.68
020-311-021-000 III 1.00 $234.10 $0.59 $234.68
020-311-022-000 III 1.00 $234.10 $0.59 $234.68
020-311-023-000 III 1.00 $234.10 $0.59 $234.68
020-311-024-000 III 1.00 $234.10 $0.59 $234.68
020-311-025-000 III 1.00 $234.10 $0.59 $234.68
020-311-026-000 III 1.00 $234.10 $0.59 $234.68
020-311-027-000 III 1.00 $234.10 $0.59 $234.68
020-311-028-000 III 1.00 $234.10 $0.59 $234.68
020-311-029-000 III 0.00 $234.10 $0.00 $0.00
020-311-030-000 III 0.00 $234.10 $0.00 $0.00
020-312-001-000 III 1.00 $234.10 $0.59 $234.68
020-312-002-000 III 1.00 $234.10 $0.59 $234.68
020-312-003-000 III 1.00 $234.10 $0.59 $234.68
020-312-004-000 III 1.00 $234.10 $0.59 $234.68
020-312-005-000 III 1.00 $234.10 $0.59 $234.68
020-312-006-000 III 1.00 $234.10 $0.59 $234.68
020-312-007-000 III 1.00 $234.10 $0.59 $234.68
020-312-008-000 III 1.00 $234.10 $0.59 $234.68
020-312-009-000 III 1.00 $234.10 $0.59 $234.68
020-312-010-000 III 1.00 $234.10 $0.59 $234.68
020-312-011-000 III 1.00 $234.10 $0.59 $234.68
020-312-012-000 III 1.00 $234.10 $0.59 $234.68
Packet Pg. 232 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
23 APN Phase EDU
Base
Assessment
Rate
County Collection
Fee Total Assessment
020-312-013-000 III 1.00 $234.10 $0.59 $234.68
020-312-014-000 III 1.00 $234.10 $0.59 $234.68
020-312-015-000 III 1.00 $234.10 $0.59 $234.68
020-312-016-000 III 1.00 $234.10 $0.59 $234.68
020-312-017-000 III 1.00 $234.10 $0.59 $234.68
020-312-018-000 III 1.00 $234.10 $0.59 $234.68
020-312-019-000 III 1.00 $234.10 $0.59 $234.68
020-312-020-000 III 1.00 $234.10 $0.59 $234.68
020-312-021-000 III 1.00 $234.10 $0.59 $234.68
020-312-022-000 III 1.00 $234.10 $0.59 $234.68
020-313-001-000 III 1.00 $234.10 $0.59 $234.68
020-313-002-000 III 1.00 $234.10 $0.59 $234.68
020-313-003-000 III 1.00 $234.10 $0.59 $234.68
020-313-004-000 III 1.00 $234.10 $0.59 $234.68
020-313-005-000 III 1.00 $234.10 $0.59 $234.68
020-313-006-000 III 1.00 $234.10 $0.59 $234.68
020-313-007-000 III 1.00 $234.10 $0.59 $234.68
020-313-008-000 III 1.00 $234.10 $0.59 $234.68
020-313-009-000 III 1.00 $234.10 $0.59 $234.68
020-313-010-000 III 1.00 $234.10 $0.59 $234.68
020-313-011-000 III 1.00 $234.10 $0.59 $234.68
020-313-012-000 III 1.00 $234.10 $0.59 $234.68
020-313-013-000 III 1.00 $234.10 $0.59 $234.68
020-313-014-000 III 1.00 $234.10 $0.59 $234.68
020-313-015-000 III 1.00 $234.10 $0.59 $234.68
020-313-016-000 III 1.00 $234.10 $0.59 $234.68
020-313-017-000 III 1.00 $234.10 $0.59 $234.68
020-313-018-000 III 1.00 $234.10 $0.59 $234.68
020-313-019-000 III 1.00 $234.10 $0.59 $234.68
020-313-020-000 III 1.00 $234.10 $0.59 $234.68
020-313-021-000 III 1.00 $234.10 $0.59 $234.68
020-313-022-000 III 1.00 $234.10 $0.59 $234.68
020-313-023-000 III 1.00 $234.10 $0.59 $234.68
020-313-024-000 III 1.00 $234.10 $0.59 $234.68
020-313-025-000 III 1.00 $234.10 $0.59 $234.68
020-313-026-000 III 1.00 $234.10 $0.59 $234.68
020-313-027-000 III 1.00 $234.10 $0.59 $234.68
020-313-028-000 III 1.00 $234.10 $0.59 $234.68
020-313-029-000 III 1.00 $234.10 $0.59 $234.68
020-313-030-000 III 1.00 $234.10 $0.59 $234.68
020-313-031-000 III 1.00 $234.10 $0.59 $234.68
020-313-032-000 III 1.00 $234.10 $0.59 $234.68
020-313-033-000 III 1.00 $234.10 $0.59 $234.68
020-313-034-000 III 1.00 $234.10 $0.59 $234.68
Packet Pg. 233 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
24 APN Phase EDU
Base
Assessment
Rate
County Collection
Fee Total Assessment
020-314-001-000 III 1.00 $234.10 $0.59 $234.68
020-314-002-000 III 1.00 $234.10 $0.59 $234.68
020-314-003-000 III 1.00 $234.10 $0.59 $234.68
020-314-004-000 III 1.00 $234.10 $0.59 $234.68
020-314-005-000 III 1.00 $234.10 $0.59 $234.68
020-314-006-000 III 1.00 $234.10 $0.59 $234.68
020-314-007-000 III 1.00 $234.10 $0.59 $234.68
020-314-008-000 III 1.00 $234.10 $0.59 $234.68
020-314-009-000 III 1.00 $234.10 $0.59 $234.68
020-314-010-000 III 1.00 $234.10 $0.59 $234.68
020-314-011-000 III 1.00 $234.10 $0.59 $234.68
020-314-012-000 III 1.00 $234.10 $0.59 $234.68
020-314-013-000 III 1.00 $234.10 $0.59 $234.68
020-314-014-000 III 1.00 $234.10 $0.59 $234.68
020-314-015-000 III 1.00 $234.10 $0.59 $234.68
020-314-016-000 III 1.00 $234.10 $0.59 $234.68
020-314-017-000 III 1.00 $234.10 $0.59 $234.68
020-314-018-000 III 1.00 $234.10 $0.59 $234.68
020-314-019-000 III 1.00 $234.10 $0.59 $234.68
020-314-020-000 III 1.00 $234.10 $0.59 $234.68
020-314-021-000 III 1.00 $234.10 $0.59 $234.68
020-314-022-000 III 1.00 $234.10 $0.59 $234.68
020-314-023-000 III 1.00 $234.10 $0.59 $234.68
020-314-024-000 III 1.00 $234.10 $0.59 $234.68
020-314-025-000 III 1.00 $234.10 $0.59 $234.68
020-314-026-000 III 1.00 $234.10 $0.59 $234.68
020-314-027-000 III 1.00 $234.10 $0.59 $234.68
020-314-028-000 III 1.00 $234.10 $0.59 $234.68
020-314-029-000 III 1.00 $234.10 $0.59 $234.68
020-314-030-000 III 1.00 $234.10 $0.59 $234.68
TOTALS 114.00 $26,753.52
Packet Pg. 234 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
25 APPENDIX C – DISTRICT DIAGRAMS
District Diagrams
Diagrams for the District, including each Phase of the California Breeze Development, are shown on the following pages.
Packet Pg. 235 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
26 Packet Pg. 236 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
27 Packet Pg. 237 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
28 Packet Pg. 238 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
29 Packet Pg. 239 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
30 APPENDIX D – CAPITAL REPLACEMENT
Capital Replacement
The following pages show a summary of the Capital Replacement costs for each District within the City, as well as the Capital Replacement detail of each identified item for this District.
Packet Pg. 240 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol Engineer’s Report
California Breeze Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
31 Packet Pg. 241 Attachment: Ca Breeze Benefit Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol RESOLUTION NO. 2024-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ANNUAL
ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2024-2025
CALIFORNIA BREEZE PARKS AND OPEN SPACES MAINTENANCE
ASSESSMENT DISTRICT
WHEREAS, on or about May 15, 2024, Harris & Associates, the designated Engineer of Work, filed its annual report for the California Breeze Parks and Open Spaces Maintenance Assessment District, City of Gonzales, Monterey County, California; and WHEREAS, on June 3, 2024, the City Council adopted Resolution No. 2024-19 stating its intent to confirm the diagram and to levy and collect annual assessments in the California Breeze Parks and Open Spaces Maintenance Assessment District, and directing the City Clerk to set a public hearing to be held on July 22, 2024, in the meeting place of the City Council located in the Council Chambers, 117 Fourth Street, Gonzales, California, to consider the Engineer’s annual report and to take action to confirm the diagram and levy the annual assessments identified therein.
NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Gonzales as follows:
1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding the California Breeze Parks and Open Spaces Maintenance Assessment District, the levy and collection of assessments, the Engineer’s Report prepared in connection therewith, and considered all oral and written statements, protests, and communications made or filed by interested persons regarding these matters.
2. Based on the Engineer’s Report, the City Council finds and determines that:
a. The land within the identified District will receive special benefit by the operation, maintenance, and servicing of improvements located in public places within the boundaries of the District; and
b. The District includes all of the lands so benefited; and c. The amount to be assessed upon the lands within the District in accordance with the fee for Fiscal Year 2024-2025 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the estimated benefits to be received by each parcel from the improvements and services.
3. The City Council hereby confirms the diagrams and assessments as set forth in the annual report of the Engineer of Work and hereby levies the assessments set forth therein for Fiscal Year 2024-2025 within the parks and open spaces maintenance assessment District. The assessments in Phases 1, 2 and 3 will be $227.00, $88.90 (Phase 1 Commercial), $227.00, and $271.76, respectively. There is no increase to any of the annual assessments from Fiscal Year 2023-2024.
Packet Pg. 242 Attachment: Resol 2024-44 Ca Breeze P&OS (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44))
4. The assessments confirmed hereby shall be collected at the same time and in the same manner as county taxes are collected and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of assessments. Such funds are ordered to be used for the maintenance, operation and servicing of the improvements, and any and all other items of work necessary and incidental to the proper maintenance and operation thereof, as described in the Engineer’s Report.
5. The City Clerk is hereby authorized and directed to file a certified copy of the diagram and assessments with the County Auditor of Monterey County no later than August 1, 2024, who shall thereafter enter upon the county assessment roll opposite each lot or parcel of land the amount assessed thereupon, as shown in the assessments.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales held on the 22nd day of July, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_________________________________
Jose L. Rios, The Honorable Mayor
ATTEST:
_________________________________
Mary Villegas, Deputy City Clerk
I, the undersigned Deputy City Clerk, hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Gonzales, California, at a regular meeting thereof held on the 22nd day of July, 2024, by the above-stated vote of the members thereof, a majority being present.
Dated: July 22, 2024
_________________________________
Mary Villegas, Deputy City Clerk
Packet Pg. 243 Attachment: Resol 2024-44 Ca Breeze P&OS (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44))
CITY OF GONZALES
FINAL ENGINEER’S REPORT
FISCAL YEAR 2024-25
CALIFORNIA BREEZE PARKS & OPEN SPACE
DISTRICT NO.’S 1, 2 & 3
FUND #270
JULY 2024
PREPARED BY
Harris & Associates
450 Lincoln Avenue, Suite 103
Salinas, CA 93901
www.weareharris.com
Packet Pg. 244 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
ENGINEER’S REPORT FOR
FISCAL YEAR 2024-25
CALIFORNIA BREEZE PARKS AND OPEN SPACES
City of Gonzales
Monterey County
State of California
APPROVED BY THE CITY COUNCIL FOR THE CALIFORNIA BREEZE PARKS AND OPEN SPACES DISTRICT OF THE CITY OF GONZALES, STATE OF CALIFORNIA ON THE _____ DAY OF _________, 2024.
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was filed with me on the ________day of ______________, 2024.
Mary Villegas, Deputy City Clerk
City of Gonzales, Monterey County, CA
_________________________________
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was approved and confirmed by the City Council of the City of Gonzales, California on the ________day of ______________, 2024.
Mary Villegas, Deputy City Clerk
City of Gonzales, Monterey County, CA
__________________________
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was filed with the County Auditor of the County of Monterey on the ________day of ______________, 2024.
Mary Villegas, Deputy City Clerk
City of Gonzales, Monterey County, CA
__________________________
Packet Pg. 245 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
TABLE OF CONTENTS
Table of Contents
Certifications…………………………………………………………………………………………………………………………i Statement of Assessment Engineer…………………………………………………………………………………..….1 Plans and Specifications……………………………………………………………………………………………………….3 Estimate of Costs………………………………………………………………………………………………………………….6 District Diagram…………………………………………………………………………………………………………………...8 Method of Apportionment……………………………………………………………………………………………………9 Appendix A – 2023-24 Financial Summary ………………………………………………………………………….12 Appendix B – Assessment Roll ………………………………………………………………………………………..….13 Appendix C – District Diagram …………………………………………………………………………………………...20 Appendix D – Capital Replacement …………………………………………………………………………………….25 Packet Pg. 246 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
1 STATEMENT OF ASSESSMENT ENGINEER
Statement of Assessment Engineer
AGENCY: CITY OF GONZALES
PROJECT: California Breeze Parks and Open Spaces
TO: THE CITY COUNCIL
CITY OF GONZALES
STATE OF CALIFORNIA
ENGINEER’S REPORT FOR FISCAL YEAR 2024-25
The preparation of this Annual Engineer’s Report (“Report”) is in conformance with the obligation of the City Council for the California Breeze Parks and Open Spaces District of the City of Gonzales to provide drainage services upon each lot or parcel of land in the district in proportion to the estimated benefit to be received by each such lot or parcel of land for Fiscal Year 2024-25.
Pursuant to the Landscape and Lighting Act of 1972 (Part 2 Division 15 of the Streets and Highways Code of the State of California, commencing with Section 22500) (“Act”), Article XIIID, Section 4(a) of the State of California Constitution, and in accordance with the City of Gonzales’ Resolution adopted by the City Council, this Report has been ordered for:
CALIFORNIA BREEZE PARKS AND OPEN SPACES
(Hereinafter referred to as the “District”),
I, Alison Bouley, authorized representative of the District, the duly appointed Assessment Engineer submit the following Report which consists of the following four (4) parts and Appendices:
PART I
Description of Improvements: This part provides a general description of improvements proposed to be maintained in the District. Plans and specifications for the improvements are on file with the City.
PART II
Estimate of Cost: This part contains the cost estimate of the proposed maintenance including incidental costs and expenses for Fiscal Year 2023-24.
Packet Pg. 247 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
2 PART III
District Diagram: This part incorporates a Diagram of the District showing the external boundaries of the District. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Monterey County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report. The District Diagram is filed under separate cover with the City Clerk.
PART IV
Method of Apportionment of the Assessments: This part describes the method of apportionment of assessments, based upon parcel classification of land within the District in proportion to the estimated special benefits to be received. The costs and expenses of the District have been assessed upon the parcels of land within the boundaries of District pursuant to the initial methodology established by Resolution No. 95-44 approved on the 4 th day of April, 1995. For particulars as
to the identification of parcels, reference is made to the District Diagram.
Appendices
Appendix A – Financial Summary
Appendix B – Assessment Roll
Appendix C – District Diagram
Appendix D – Capital Replacement
In conclusion, it is my opinion that the costs and expenses of the District have been assessed to the lots and parcels within the boundaries of the District in proportion to the estimated benefits to be received by each lot or parcel from the services provided.
DATED this day of July, 2024
___________________________________________
Alison Bouley, P.E., Assessment Engineer
R.C.E. No. C61383
Engineer of Work
Packet Pg. 248 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
3 PART I – PLANS AND SPECIFICATIONS
Plans and Specifications
INTRODUCTION
City Staff has contracted with Harris & Associates (“Harris”) to complete the annual administration process for all of City’s assessment districts. In addition to this required annual process, Harris has conducted an assessment district fund balance and capital asset replacement cash flow analysis to confirm and ensure that the City’s assessment districts annually assess property owners only for the essential funding to complete ongoing maintenance activities and finance timely capital replacement as assets reach the end of their useable lifecycles.
GENERAL DESCRIPTION OF THE DISTRICTS
California Breeze Parks and Open Spaces Maintenance Assessment District is generally described as a district bounded on the east by Herold Parkway, on the west by State Route 101, on the south by a line approximately 5,100 feet more or less, south of Fifth Street and on the north by Fifth Street.
The District was formed in 1995 to provide a dedicated funding source for the maintenance and operation of any or all public landscaping and irrigation improvements, of a local nature, on landscaped strips of land adjacent to curbs of the following described streets, including jogging paths, planter walls, grass berms, retention ponds and bank protection, appurtenant irrigation systems; ornamental plantings including lawns, shrubs, and trees; including necessary repairs, replacements, water, electric current, spraying, care, supervision, debris removal and any and all other items of work necessary and incidental for the proper maintenance and operation thereof. Incidental costs including contingencies, and assessment district incidentals including engineering, printing, and notices to property owners, collection costs, legal fees, administration and supervision, are assessed to the District on the same basis as the improvements specified above.
All additions, improvements and enlargements thereto which may hereafter be made on the following described work:
Herold Parkway, a strip of land approximately 20 feet in width from face of west curb lines including planter walls from Fifth Street southerly 5,000 feet more or less; thence Westerly 750 feet more or less to Charolais Drive. A strip of land including a grass berm approximately 15 feet in width east of the face of easterly curb along the east side of Herold Parkway from Fifth Street southerly 5,100 feet more or less.
Pedestrian path and landscape easement 20 feet wide along the southerly boundary of Parcel A from the pedestrian easement on the west, easterly 500 feet more or less to Herold Parkway.
Retention Pond, Parcel “E” and appurtenant access and irrigation as said parcel as shown on that certain amended map titled “California Breeze Parks and Open Spaces Maintenance Assessment District, Exhibit A” on file with the City Clerk.
Packet Pg. 249 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
4 State Route 101, a strip of land 5 feet wide along the western boundary of subdivision adjacent to Route 101 including appurtenant sound wall as shown on that certain amended map entitled “California Breeze Parks and Open Spaces Maintenance Assessment District, (Annexation of California Breeze Phase III), Exhibit A” on file with the City Clerk.
SUMMARY OF PROPOSED ASSESSMENT AND EXPENDITURES
A summary of the assessments to be levied is shown in the table below.
LANDUSE PARCELS
DWELLING
UNITS ACRES
EDU
FACTOR
TOTAL
EDU RATE/EDU TOTAL ASMT
RESIDENTIAL 72 72 n/a 1.00 72.00 $227.00 $16,344.00
COMMERCIAL 2 0 3.40 3.80 12.93 $88.90 $1,149.60
TOTAL 74 72 3.40 84.93 $17,493.60
LANDUSE PARCELS
DWELLING
UNITS ACRES
EDU
FACTOR
TOTAL
EDU RATE/EDU TOTAL ASMT
RESIDENTIAL 131 131 n/a 1.00 131.00 $227.00 $29,737.00
LANDUSE PARCELS
DWELLING
UNITS ACRES
EDU
FACTOR
TOTAL
EDU RATE/EDU TOTAL ASMT
RESIDENTIAL 114 114 n/a 1.00 114.00 $271.76 $30,980.64
PHASE 1 MAINTENANCE ASSESSMENT CALCULATION
PHASE 2 MAINTENANCE ASSESSMENT CALCULATION
PHASE 3 MAINTENANCE ASSESSMENT CALCULATION
Packet Pg. 250 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
5 LEVEL OF MAINTENANCE SERVICES PROVIDED
Approval of the proposed assessment set forth in the Engineer’s Report will generate the revenue necessary to provide for all costs associated with the maintenance and operation of the District improvements including the assessment calculation (Engineer’s Report), printing and advertising of assessment notices, County collection fees and legal fees all of which shall be spread to all parcels on a pro-rata development unit basis.
One hundred percent (100%) of all costs associated with the maintenance and operation of the California Breeze Parks and Open Spaces improvements including incidentals and appurtenances is of special benefit to parcels within the district and shall be spread to all parcels within the District on a development unit basis. The park was constructed as a requirement of this development to serve the 331-lot subdivision development.
Pursuant to the 1972 Act:
"Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement.
"Service" or "servicing" means the furnishing of electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements.
Packet Pg. 251 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
6 PART II – ESTIMATE OF COSTS
Estimate of Costs
All improvements within the Districts are maintained and serviced on a regular basis. Based upon the available revenues generated by the assessment, City staff determines the frequency and specific maintenance operations which can be provided in a given year.
The proposed budget is shown on the following page. This includes an estimate of the costs of utilities, operations, services, administration and maintenance associated with the improvements within the Districts, including all labor, personnel, equipment, materials and administrative expenses. The budget summary also shows the estimated fund balance and the projected fund reserves that will be available and may be required based upon the estimated expenditures and assessment revenue.
Beginning in Fiscal Year 2021-22, the City combined the budget page to show only the total expenditures, revenues, etc. for the District, rather than showing the expenditures and revenues by individual phases of the development, as had been done in previous years.
Packet Pg. 252 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
7 Annual Budget
EXPENDITURES
Maintenance and Servicing
Contractual Services (Park Maintenance) 1 $19,615
Parkway & Percolation Pond Maintenance 2 $22,349
Utilities $7,700
Sound Wall Annual Maintenance $1,000
Maintenance and Servicing Subtotal $50,664
Capital Replacement/Repair Collection 3
Sound Wall Maintenance Reserve $4,800
Sound Wall Reserve $6,888
Tree Removal and Street Repair $10,000
Capital Replacement/Repair Subtotal $21,688
Capital Outlay $0
District Administration
City Staff (YE Transfers GF) $5,000
City Administration $3,500
City Labor and Overhead 4 $35,000
Engineering (Surveys & Assessment) $667
Supplies, Printing & Advertising Notices $3,330
Legal Counsel $1,500
Legal and Accounting Services $100
County Collection Fee $196
Contingency $0
District Administration Subtotal $49,292
TOTAL EXPENDITURES $121,644
REVENUES & ADJUSTMENTS
Actual/Estimated Assessments $78,211
Actual/Estimated Use of Money and Property $281
Transfer (To)/From Fund Balance $43,152
TOTAL REVENUES & ADJUSTMENTS $121,644
OPERATING FUND BALANCE 5
Estimated Balance 7/1/2023 ($174,463)
Estimated Addition/(Reduction) ($43,152)
Estimated Interest Income $0
Estimated Balance 6/30/2024 ($217,615)
CAPITAL RESERVE FUND BALANCE
Estimated Balance 7/1/2023 $0
Estimated Addition/(Reduction) $0
Estimated Interest Income $0
Estimated Balance 6/30/2024 $0
ANNUAL LEVY SUMMARY 6
Total SFR Parcels Levied 317
Total SFR EDUs 317.00
Maximum Assessment per EDU Varies*
Assessment per EDU Varies*
Assessment Needed to Fully Fund $368.70
Total Commercial Parcels Levied 2
Total Commercial EDUs 12.93
Maximum Assessment per EDU $88.90
Assessment per EDU $88.90
Assessment Needed to Fully Fund $368.74
Definitions: SFR = Single Family Residential Parcel(s); EDU = Equivalent Dwelling Unit * Refer to Budget Footnotes for Assessment Rates for each phase Packet Pg. 253 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
8 Budget Footnotes 123456
Phases 1 & 2 SFR parcels Maximum Assessment $227.01. Actual Assessment $227.00. Assessment Needed to Fully Fund $368.70 Phase 1 COM (commercial) Maximum Assessment $88.90. Actual Assessment $88.90. Assessment Needed to Fully Fund $368.74 Phase 3 SFR Maximum Assessment $271.77. Actual Assessment $271.76. Assessment Needed to Fully Fund $386.70 Commercial parcel does not benefit from park improvement or Phase III parkway improvement; only benefits from Phase I/II parkway improvement. Includes costs for landscape contractor, Smith & Enright.
Items included in this category include salaries, overtime, Workers's Comp, Retirement & Insurance (Life, Health & FICA).
Reserve collections from the Budget page are lower than shown in Appendix D because the current assessment rate cannot support higher collection amounts.
The California Breeze Landscape Maintenance District has 3 separate phases. The assessment amounts for each are as follows:
Beginning in Fiscal Year 2017/18, a Capital Reserve Fund was established for the District. The amounts collected for the current year, if any, are shown in the Budget table above. The Beginning Balances for the Capital Reserve Funds were initially transferred from the Operating Reserve Fund. The amounts in the Operating Reserve Funds should be sufficient to pay for the operations and maintenance costs for the first six months of the fiscal year. Any addition to or (reduction from) the Capital Reserve Fund will be shown and calculated annually in the same manner as the Operating Reserve Fund. Also, any funds collected for Capital Reserve, and not spent, will be included in the ending Capital Reserve fund balance the following year. Currently, the District Assessments do not have the capacity to collect any reserve amounts. Assessments must be increased in order to begin collecting funds for Capital improvement projects.
Expenditures for the percolation pond for Phase I & II & commercial serves only these areas. The percolation pond for Phase III only serves Phase III and thus is assessed separately.
The cost for capital replacement reserve for the items shown in Appendix D, Capital Reserve Replacement Study which was completed in FY 2017/18. Tree replacement and street repair was added to the Budget for 2019/20.
Packet Pg. 254 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
9 PART III – DISTRICT DIAGRAMS
District Diagram
The boundaries of the California Breeze Parks and Open Spaces District are shown on the map in Appendix C. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Monterey County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report. The District Diagram is also filed under separate cover with the City Clerk.
Packet Pg. 255 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
10 PART IV – METHOD OF APPORTIONMENT
Method of Apportionment
GENERAL PROVISIONS
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” The formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.
BENEFIT ANALYSIS
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on improvements as determined at the time the District was established.
General Benefits
The improvements within this District are a direct result of property development within the District and would otherwise not be required or necessary. Developers typically install landscape improvements to enhance the marketability and value of properties within the development and/or as conditions of development. In either case, the improvements are clearly installed for the benefit of the properties developed and not for the benefit of surrounding properties.
Although many landscape improvements (by virtue of their location), may be visible to surrounding properties or to the public at large, any benefit to surrounding properties is incidental and cannot be considered a direct and special benefit to those properties. Therefore, it has been determined that the improvements within this District and the ongoing operation and maintenance of those improvements are clearly a direct and special benefit to properties within the District.
Unless otherwise noted, these improvements provide no measurable general benefit to properties outside the District or to the public at large.
Packet Pg. 256 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
11 Special Benefits
The method of apportionment (assessment methodology) approved at the time the District was formed is based on the premise that each of the assessed parcels within the District receives benefit from the improvements maintained and financed by annual assessments. Specifically, the assessments are for the maintenance of local landscape improvements installed as part of the original improvement. The desirability and safety of properties within the District are enhanced by the presence of well-maintained landscaping. The special benefits associated with the local landscaping improvements are specifically:
• Enhanced desirability of properties through association with the improvements. • Improved aesthetic appeal of properties within the District providing a positive representation of the area.
• Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.
• Increased sense of pride in ownership of property within the District resulting from wellmaintained improvements associated with the properties.
All of the preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District.
Non-Assessable Parcels
Within the boundaries of the District, there are properties that are considered to receive no special benefit from the District improvements and are therefore not assessed. Parcels owned by the City of Gonzales are not assessed.
ASSESSMENT METHODOLOGY
The District is assessed on the basis of total development units generated for the costs of the maintenance and operation of the District including incidentals and appurtenances and shall include all the costs of maintaining and/or operating the improvements described herein.
All costs associated with the maintenance and operation of the District improvements including Engineer’s Report, printing and advertising of assessment notices, County collection fees, and legal fees shall be spread to all parcels on a pro-rata development unit basis.
One hundred percent (100%) of all costs associated with the maintenance and operation of the California Breeze Parks and Open Spaces (Annexation of California Breeze Phase III) improvements including incidentals and appurtenances is of special benefit to parcels within the district and shall be spread to all parcels within the District on a development unit basis. The park was constructed as a requirement of this development to serve the 331- lot subdivision development.
Packet Pg. 257 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
12 Developed parcels are those parcels on which final subdivision map has been filed, and which can obtain building permits as of the Public Hearing date. Said parcels are also abutting or obtaining primary access from a public street.
Factored development unit calculations are as follows: Low Density Residential = 1.0 Equivalent Dwelling Unit (EDU); Office and commercial use is assessed based on an equivalent basis of 3.8 EDUs per acre using the gross parcel area. The resulting parcel “A” area, as shown on the assessment diagram, is assessed at 13.6 EDUs. There is no assessment for park maintenance for the Office and commercial use parcels.
Monterey County charges 0.25% of the levy amount for collection for administration of the District.
Parcels owned by the City of Gonzales are not assessed, which include Parcel “A”, right-of-way reservation, rightof-way for a future grade separation structure, and Parcel “B”, the retention pond site, which was constructed to serve this development. These parcels receive no benefit from the maintenance and servicing of the improvements.
The District assessments have no annual escalation factor, meaning the assessment rates are fixed. In order for the assessments to be increased, the property owners must approve the increase through a Proposition 218 ballot procedure.
Packet Pg. 258 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
13 Annual Budget
EXPENDITURES
Maintenance and Servicing
Contractual Services (Park Maintenance) 1 $20,311
Parkway & Percolation Pond Maintenance 2 $22,349
Utilities $16,000
Sound Wall Annual Maintenance $1,000
Maintenance and Servicing Subtotal $59,660
Capital Replacement/Repair Collection 3
Sound Wall Maintenance Reserve $4,800
Sound Wall Reserve $6,888
Tree Removal and Street Repair $16,800
Capital Replacement/Repair Subtotal $28,488
Capital Outlay $0
District Administration
City Staff (YE Transfers GF) $5,000
City Administration $3,500
City Labor and Overhead 4 $30,125
Engineering (Surveys & Assessment) $456
Supplies, Printing & Advertising Notices $0
Legal Counsel $1,500
Legal and Accounting Services $100
County Collection Fee $196
Contingency $0
District Administration Subtotal $40,876
TOTAL EXPENDITURES $129,024
REVENUES & ADJUSTMENTS
Actual/Estimated Assessments $78,211
Actual/Estimated Use of Money and Property $0
Transfer (To)/From Fund Balance $50,813
TOTAL REVENUES & ADJUSTMENTS $129,024
OPERATING FUND BALANCE 5
Estimated Balance 7/1/2022 ($113,877)
Estimated Addition/(Reduction) ($50,813)
Estimated Interest Income $0
Estimated Balance 6/30/2023 ($164,690)
CAPITAL RESERVE FUND BALANCE
Estimated Balance 7/1/2022 $0
Estimated Addition/(Reduction) $0
Estimated Interest Income $0
Estimated Balance 6/30/2023 $0
ANNUAL LEVY SUMMARY 6
Total SFR Parcels Levied 317
Total SFR EDUs 317.00
Maximum Assessment per EDU Varies
Assessment per EDU Varies
Assessment Needed to Fully Fund Varies
Total Commercial Parcels Levied 2
Total Commercial EDUs 12.93
Maximum Assessment per EDU $88.90
Assessment per EDU $88.90
Assessment Needed to Fully Fund $411.08
APPENDIX A – FINANCIAL SUMMARY
2023-24 Financial Summary
Packet Pg. 259 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
14 APPENDIX B – ASSESSMENT ROLL
Assessment Roll
The proposed assessment and the amount of the assessment apportioned to each lot or parcel, as shown on the latest roll at the Assessor’s Office, is shown in Appendix A. The description of each lot or parcel is part of the records of the Assessor of the County of Monterey and those records are, by reference, made part of this report. The assessments shown will be submitted to the County Auditor/Controller, and included on the property tax bill for each parcel shown in the assessment roll for Fiscal Year 2024-25.
Packet Pg. 260 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
15 APN Phase EDU
Base
Assessment
Rate
County Collection
Fee Total Assessment
020-281-001-000 I 1.00 $226.43 $0.57 $227.00
020-281-002-000 I 1.00 $226.43 $0.57 $227.00
020-281-003-000 I 1.00 $226.43 $0.57 $227.00
020-281-004-000 I 1.00 $226.43 $0.57 $227.00
020-281-005-000 I 1.00 $226.43 $0.57 $227.00
020-281-006-000 I 1.00 $226.43 $0.57 $227.00
020-281-007-000 I 1.00 $226.43 $0.57 $227.00
020-281-008-000 I 1.00 $226.43 $0.57 $227.00
020-281-009-000 I 1.00 $226.43 $0.57 $227.00
020-281-010-000 I 1.00 $226.43 $0.57 $227.00
020-281-011-000 I 1.00 $226.43 $0.57 $227.00
020-281-012-000 I 1.00 $226.43 $0.57 $227.00
020-281-013-000 I 1.00 $226.43 $0.57 $227.00
020-281-014-000 I 1.00 $226.43 $0.57 $227.00
020-281-015-000 I 1.00 $226.43 $0.57 $227.00
020-281-016-000 I 1.00 $226.43 $0.57 $227.00
020-281-017-000 I 1.00 $226.43 $0.57 $227.00
020-281-018-000 I 1.00 $226.43 $0.57 $227.00
020-281-019-000 I 1.00 $226.43 $0.57 $227.00
020-281-020-000 I 1.00 $226.43 $0.57 $227.00
020-281-021-000 I 1.00 $226.43 $0.57 $227.00
020-281-022-000 I 1.00 $226.43 $0.57 $227.00
020-281-023-000 I 1.00 $226.43 $0.57 $227.00
020-281-024-000 I 1.00 $226.43 $0.57 $227.00
020-281-025-000 I 1.00 $226.43 $0.57 $227.00
020-281-026-000 I 1.00 $226.43 $0.57 $227.00
020-281-027-000 I 1.00 $226.43 $0.57 $227.00
020-281-028-000 I 1.00 $226.43 $0.57 $227.00
020-281-029-000 I 1.00 $226.43 $0.57 $227.00
020-281-030-000 I 1.00 $226.43 $0.57 $227.00
020-281-031-000 I 1.00 $226.43 $0.57 $227.00
020-281-032-000 I 1.00 $226.43 $0.57 $227.00
020-281-033-000 I 1.00 $226.43 $0.57 $227.00
020-281-034-000 I 1.00 $226.43 $0.57 $227.00
020-281-035-000 I 1.00 $226.43 $0.57 $227.00
Packet Pg. 261 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
16 APN Phase EDU
Base
Assessment
Rate
County Collection
Fee Total Assessment
020-281-036-000 I 1.00 $226.43 $0.57 $227.00
020-281-037-000 I 1.00 $226.43 $0.57 $227.00
020-281-038-000 I 1.00 $226.43 $0.57 $227.00
020-281-039-000 I 1.00 $226.43 $0.57 $227.00
020-281-040-000 I 1.00 $226.43 $0.57 $227.00
020-281-041-000 I 1.00 $226.43 $0.57 $227.00
020-281-042-000 I 1.00 $226.43 $0.57 $227.00
020-281-043-000 I 1.00 $226.43 $0.57 $227.00
020-281-044-000 I 1.00 $226.43 $0.57 $227.00
020-281-045-000 I 1.00 $226.43 $0.57 $227.00
020-281-046-000 I 1.00 $226.43 $0.57 $227.00
020-281-047-000 I 1.00 $226.43 $0.57 $227.00
020-281-048-000 I 1.00 $226.43 $0.57 $227.00
020-281-049-000 I 1.00 $226.43 $0.57 $227.00
020-281-050-000 I 1.00 $226.43 $0.57 $227.00
020-281-051-000 I 1.00 $226.43 $0.57 $227.00
020-281-052-000 I 1.00 $226.43 $0.57 $227.00
020-281-053-000 I 1.00 $226.43 $0.57 $227.00
020-281-054-000 I 1.00 $226.43 $0.57 $227.00
020-281-055-000 I 1.00 $226.43 $0.57 $227.00
020-281-056-000 I 1.00 $226.43 $0.57 $227.00
020-281-057-000 I 1.00 $226.43 $0.57 $227.00
020-281-058-000 I 1.00 $226.43 $0.57 $227.00
020-281-059-000 I 1.00 $226.43 $0.57 $227.00
020-281-060-000 I 1.00 $226.43 $0.57 $227.00
020-281-061-000 I 1.00 $226.43 $0.57 $227.00
020-281-062-000 I 1.00 $226.43 $0.57 $227.00
020-281-063-000 I 1.00 $226.43 $0.57 $227.00
020-281-064-000 I 1.00 $226.43 $0.57 $227.00
020-281-065-000 I 1.00 $226.43 $0.57 $227.00
020-281-066-000 I 1.00 $226.43 $0.57 $227.00
020-281-067-000 I 1.00 $226.43 $0.57 $227.00
020-281-068-000 I 1.00 $226.43 $0.57 $227.00
020-281-069-000 I 1.00 $226.43 $0.57 $227.00
020-281-070-000 I 1.00 $226.43 $0.57 $227.00
020-281-071-000 I 1.00 $226.43 $0.57 $227.00
020-281-072-000 I 1.00 $226.43 $0.57 $227.00
020-281-074-000 I 0.00 $226.43 $0.00 $0.00
020-281-075-000 I 0.00 $226.43 $0.00 $0.00
020-281-077-000 I 0.00 $226.43 $0.00 $0.00
020-281-078-000 I 2.19 $194.42 $0.49 $194.92
020-281-081-000 I 10.74 $952.30 $2.39 $954.68
TOTALS 84.93 $17,493.60
Packet Pg. 262 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
17 APN Phase EDU
Base
Assessment
Rate
County Collection
Fee Total Assessment
020-291-001-000 II 1.00 $226.43 $0.57 $227.00
020-291-002-000 II 1.00 $226.43 $0.57 $227.00
020-291-003-000 II 1.00 $226.43 $0.57 $227.00
020-291-004-000 II 1.00 $226.43 $0.57 $227.00
020-291-005-000 II 1.00 $226.43 $0.57 $227.00
020-291-006-000 II 1.00 $226.43 $0.57 $227.00
020-291-007-000 II 1.00 $226.43 $0.57 $227.00
020-291-008-000 II 1.00 $226.43 $0.57 $227.00
020-291-009-000 II 1.00 $226.43 $0.57 $227.00
020-291-010-000 II 1.00 $226.43 $0.57 $227.00
020-291-011-000 II 1.00 $226.43 $0.57 $227.00
020-291-012-000 II 1.00 $226.43 $0.57 $227.00
020-291-013-000 II 1.00 $226.43 $0.57 $227.00
020-291-014-000 II 1.00 $226.43 $0.57 $227.00
020-291-015-000 II 1.00 $226.43 $0.57 $227.00
020-292-001-000 II 1.00 $226.43 $0.57 $227.00
020-292-002-000 II 1.00 $226.43 $0.57 $227.00
020-292-003-000 II 1.00 $226.43 $0.57 $227.00
020-292-004-000 II 1.00 $226.43 $0.57 $227.00
020-292-005-000 II 1.00 $226.43 $0.57 $227.00
020-292-006-000 II 1.00 $226.43 $0.57 $227.00
020-292-007-000 II 1.00 $226.43 $0.57 $227.00
020-292-008-000 II 1.00 $226.43 $0.57 $227.00
020-292-009-000 II 1.00 $226.43 $0.57 $227.00
020-292-010-000 II 1.00 $226.43 $0.57 $227.00
020-292-011-000 II 1.00 $226.43 $0.57 $227.00
020-292-012-000 II 1.00 $226.43 $0.57 $227.00
020-292-013-000 II 1.00 $226.43 $0.57 $227.00
020-292-018-000 II 1.00 $226.43 $0.57 $227.00
020-292-019-000 II 1.00 $226.43 $0.57 $227.00
020-292-020-000 II 1.00 $226.43 $0.57 $227.00
020-292-021-000 II 1.00 $226.43 $0.57 $227.00
020-292-022-000 II 1.00 $226.43 $0.57 $227.00
020-292-023-000 II 1.00 $226.43 $0.57 $227.00
020-292-024-000 II 1.00 $226.43 $0.57 $227.00
020-292-025-000 II 1.00 $226.43 $0.57 $227.00
020-292-026-000 II 1.00 $226.43 $0.57 $227.00
020-292-027-000 II 1.00 $226.43 $0.57 $227.00
020-292-028-000 II 1.00 $226.43 $0.57 $227.00
020-292-029-000 II 1.00 $226.43 $0.57 $227.00
020-293-001-000 II 1.00 $226.43 $0.57 $227.00
020-293-002-000 II 1.00 $226.43 $0.57 $227.00
Packet Pg. 263 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
18 APN Phase EDU
Base
Assessment
Rate
County Collection
Fee Total Assessment
020-293-003-000 II 1.00 $226.43 $0.57 $227.00
020-293-004-000 II 1.00 $226.43 $0.57 $227.00
020-293-005-000 II 1.00 $226.43 $0.57 $227.00
020-293-006-000 II 1.00 $226.43 $0.57 $227.00
020-293-007-000 II 1.00 $226.43 $0.57 $227.00
020-293-008-000 II 1.00 $226.43 $0.57 $227.00
020-293-009-000 II 1.00 $226.43 $0.57 $227.00
020-293-010-000 II 1.00 $226.43 $0.57 $227.00
020-293-011-000 II 1.00 $226.43 $0.57 $227.00
020-293-012-000 II 1.00 $226.43 $0.57 $227.00
020-293-013-000 II 1.00 $226.43 $0.57 $227.00
020-293-014-000 II 1.00 $226.43 $0.57 $227.00
020-293-015-000 II 1.00 $226.43 $0.57 $227.00
020-294-001-000 II 1.00 $226.43 $0.57 $227.00
020-294-002-000 II 1.00 $226.43 $0.57 $227.00
020-294-003-000 II 1.00 $226.43 $0.57 $227.00
020-294-004-000 II 1.00 $226.43 $0.57 $227.00
020-294-005-000 II 1.00 $226.43 $0.57 $227.00
020-294-006-000 II 1.00 $226.43 $0.57 $227.00
020-294-007-000 II 1.00 $226.43 $0.57 $227.00
020-294-008-000 II 1.00 $226.43 $0.57 $227.00
020-294-010-000 II 1.00 $226.43 $0.57 $227.00
020-301-001-000 II 1.00 $226.43 $0.57 $227.00
020-301-002-000 II 1.00 $226.43 $0.57 $227.00
020-301-003-000 II 1.00 $226.43 $0.57 $227.00
020-301-004-000 II 1.00 $226.43 $0.57 $227.00
020-301-005-000 II 1.00 $226.43 $0.57 $227.00
020-301-006-000 II 1.00 $226.43 $0.57 $227.00
020-301-007-000 II 1.00 $226.43 $0.57 $227.00
020-301-008-000 II 1.00 $226.43 $0.57 $227.00
020-301-009-000 II 1.00 $226.43 $0.57 $227.00
020-301-010-000 II 1.00 $226.43 $0.57 $227.00
020-301-011-000 II 1.00 $226.43 $0.57 $227.00
020-301-012-000 II 1.00 $226.43 $0.57 $227.00
020-301-013-000 II 1.00 $226.43 $0.57 $227.00
020-301-014-000 II 1.00 $226.43 $0.57 $227.00
020-301-015-000 II 1.00 $226.43 $0.57 $227.00
020-301-016-000 II 1.00 $226.43 $0.57 $227.00
020-301-017-000 II 1.00 $226.43 $0.57 $227.00
020-301-018-000 II 1.00 $226.43 $0.57 $227.00
020-301-019-000 II 1.00 $226.43 $0.57 $227.00
020-301-020-000 II 1.00 $226.43 $0.57 $227.00
020-301-021-000 II 1.00 $226.43 $0.57 $227.00
020-301-022-000 II 1.00 $226.43 $0.57 $227.00
Packet Pg. 264 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
19 APN Phase EDU
Base
Assessment
Rate
County Collection
Fee Total Assessment
020-301-023-000 II 1.00 $226.43 $0.57 $227.00
020-301-024-000 II 1.00 $226.43 $0.57 $227.00
020-301-025-000 II 1.00 $226.43 $0.57 $227.00
020-302-001-000 II 1.00 $226.43 $0.57 $227.00
020-302-002-000 II 1.00 $226.43 $0.57 $227.00
020-302-003-000 II 1.00 $226.43 $0.57 $227.00
020-302-004-000 II 1.00 $226.43 $0.57 $227.00
020-302-005-000 II 1.00 $226.43 $0.57 $227.00
020-302-006-000 II 1.00 $226.43 $0.57 $227.00
020-302-007-000 II 1.00 $226.43 $0.57 $227.00
020-302-008-000 II 1.00 $226.43 $0.57 $227.00
020-302-009-000 II 1.00 $226.43 $0.57 $227.00
020-302-010-000 II 1.00 $226.43 $0.57 $227.00
020-302-011-000 II 1.00 $226.43 $0.57 $227.00
020-302-012-000 II 1.00 $226.43 $0.57 $227.00
020-302-013-000 II 1.00 $226.43 $0.57 $227.00
020-302-014-000 II 1.00 $226.43 $0.57 $227.00
020-302-015-000 II 1.00 $226.43 $0.57 $227.00
020-302-016-000 II 1.00 $226.43 $0.57 $227.00
020-302-017-000 II 1.00 $226.43 $0.57 $227.00
020-302-018-000 II 1.00 $226.43 $0.57 $227.00
020-302-019-000 II 1.00 $226.43 $0.57 $227.00
020-302-020-000 II 1.00 $226.43 $0.57 $227.00
020-303-001-000 II 1.00 $226.43 $0.57 $227.00
020-303-002-000 II 1.00 $226.43 $0.57 $227.00
020-303-003-000 II 1.00 $226.43 $0.57 $227.00
020-303-004-000 II 1.00 $226.43 $0.57 $227.00
020-303-005-000 II 1.00 $226.43 $0.57 $227.00
020-303-006-000 II 1.00 $226.43 $0.57 $227.00
020-303-007-000 II 1.00 $226.43 $0.57 $227.00
020-303-008-000 II 1.00 $226.43 $0.57 $227.00
020-303-009-000 II 1.00 $226.43 $0.57 $227.00
020-303-010-000 II 1.00 $226.43 $0.57 $227.00
020-303-011-000 II 1.00 $226.43 $0.57 $227.00
020-303-012-000 II 1.00 $226.43 $0.57 $227.00
020-303-013-000 II 1.00 $226.43 $0.57 $227.00
020-303-014-000 II 1.00 $226.43 $0.57 $227.00
020-303-015-000 II 1.00 $226.43 $0.57 $227.00
020-303-016-000 II 1.00 $226.43 $0.57 $227.00
020-303-017-000 II 1.00 $226.43 $0.57 $227.00
020-303-018-000 II 1.00 $226.43 $0.57 $227.00
020-303-019-000 II 1.00 $226.43 $0.57 $227.00
020-303-020-000 II 1.00 $226.43 $0.57 $227.00
020-303-021-000 II 1.00 $226.43 $0.57 $227.00
020-303-022-000 II 1.00 $226.43 $0.57 $227.00
TOTALS 131.00 $29,737.00
Packet Pg. 265 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
20 APN Phase EDU
Base
Assessment
Rate
County Collection
Fee Total Assessment
020-311-001-000 III 1.00 $271.08 $0.68 $271.76
020-311-002-000 III 1.00 $271.08 $0.68 $271.76
020-311-003-000 III 1.00 $271.08 $0.68 $271.76
020-311-004-000 III 1.00 $271.08 $0.68 $271.76
020-311-005-000 III 1.00 $271.08 $0.68 $271.76
020-311-006-000 III 1.00 $271.08 $0.68 $271.76
020-311-007-000 III 1.00 $271.08 $0.68 $271.76
020-311-008-000 III 1.00 $271.08 $0.68 $271.76
020-311-009-000 III 1.00 $271.08 $0.68 $271.76
020-311-010-000 III 1.00 $271.08 $0.68 $271.76
020-311-011-000 III 1.00 $271.08 $0.68 $271.76
020-311-012-000 III 1.00 $271.08 $0.68 $271.76
020-311-013-000 III 1.00 $271.08 $0.68 $271.76
020-311-014-000 III 1.00 $271.08 $0.68 $271.76
020-311-015-000 III 1.00 $271.08 $0.68 $271.76
020-311-016-000 III 1.00 $271.08 $0.68 $271.76
020-311-017-000 III 1.00 $271.08 $0.68 $271.76
020-311-018-000 III 1.00 $271.08 $0.68 $271.76
020-311-019-000 III 1.00 $271.08 $0.68 $271.76
020-311-020-000 III 1.00 $271.08 $0.68 $271.76
020-311-021-000 III 1.00 $271.08 $0.68 $271.76
020-311-022-000 III 1.00 $271.08 $0.68 $271.76
020-311-023-000 III 1.00 $271.08 $0.68 $271.76
020-311-024-000 III 1.00 $271.08 $0.68 $271.76
020-311-025-000 III 1.00 $271.08 $0.68 $271.76
020-311-026-000 III 1.00 $271.08 $0.68 $271.76
020-311-027-000 III 1.00 $271.08 $0.68 $271.76
020-311-028-000 III 1.00 $271.08 $0.68 $271.76
020-311-029-000 III 0.00 $271.08 $0.00 $0.00
020-311-030-000 III 0.00 $271.08 $0.00 $0.00
020-312-001-000 III 1.00 $271.08 $0.68 $271.76
020-312-002-000 III 1.00 $271.08 $0.68 $271.76
020-312-003-000 III 1.00 $271.08 $0.68 $271.76
020-312-004-000 III 1.00 $271.08 $0.68 $271.76
020-312-005-000 III 1.00 $271.08 $0.68 $271.76
020-312-006-000 III 1.00 $271.08 $0.68 $271.76
020-312-007-000 III 1.00 $271.08 $0.68 $271.76
020-312-008-000 III 1.00 $271.08 $0.68 $271.76
020-312-009-000 III 1.00 $271.08 $0.68 $271.76
020-312-010-000 III 1.00 $271.08 $0.68 $271.76
020-312-011-000 III 1.00 $271.08 $0.68 $271.76
020-312-012-000 III 1.00 $271.08 $0.68 $271.76
Packet Pg. 266 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
21 APN Phase EDU
Base
Assessment
Rate
County Collection
Fee Total Assessment
020-312-013-000 III 1.00 $271.08 $0.68 $271.76
020-312-014-000 III 1.00 $271.08 $0.68 $271.76
020-312-015-000 III 1.00 $271.08 $0.68 $271.76
020-312-016-000 III 1.00 $271.08 $0.68 $271.76
020-312-017-000 III 1.00 $271.08 $0.68 $271.76
020-312-018-000 III 1.00 $271.08 $0.68 $271.76
020-312-019-000 III 1.00 $271.08 $0.68 $271.76
020-312-020-000 III 1.00 $271.08 $0.68 $271.76
020-312-021-000 III 1.00 $271.08 $0.68 $271.76
020-312-022-000 III 1.00 $271.08 $0.68 $271.76
020-313-001-000 III 1.00 $271.08 $0.68 $271.76
020-313-002-000 III 1.00 $271.08 $0.68 $271.76
020-313-003-000 III 1.00 $271.08 $0.68 $271.76
020-313-004-000 III 1.00 $271.08 $0.68 $271.76
020-313-005-000 III 1.00 $271.08 $0.68 $271.76
020-313-006-000 III 1.00 $271.08 $0.68 $271.76
020-313-007-000 III 1.00 $271.08 $0.68 $271.76
020-313-008-000 III 1.00 $271.08 $0.68 $271.76
020-313-009-000 III 1.00 $271.08 $0.68 $271.76
020-313-010-000 III 1.00 $271.08 $0.68 $271.76
020-313-011-000 III 1.00 $271.08 $0.68 $271.76
020-313-012-000 III 1.00 $271.08 $0.68 $271.76
020-313-013-000 III 1.00 $271.08 $0.68 $271.76
020-313-014-000 III 1.00 $271.08 $0.68 $271.76
020-313-015-000 III 1.00 $271.08 $0.68 $271.76
020-313-016-000 III 1.00 $271.08 $0.68 $271.76
020-313-017-000 III 1.00 $271.08 $0.68 $271.76
020-313-018-000 III 1.00 $271.08 $0.68 $271.76
020-313-019-000 III 1.00 $271.08 $0.68 $271.76
020-313-020-000 III 1.00 $271.08 $0.68 $271.76
020-313-021-000 III 1.00 $271.08 $0.68 $271.76
020-313-022-000 III 1.00 $271.08 $0.68 $271.76
020-313-023-000 III 1.00 $271.08 $0.68 $271.76
020-313-024-000 III 1.00 $271.08 $0.68 $271.76
020-313-025-000 III 1.00 $271.08 $0.68 $271.76
020-313-026-000 III 1.00 $271.08 $0.68 $271.76
020-313-027-000 III 1.00 $271.08 $0.68 $271.76
020-313-028-000 III 1.00 $271.08 $0.68 $271.76
020-313-029-000 III 1.00 $271.08 $0.68 $271.76
020-313-030-000 III 1.00 $271.08 $0.68 $271.76
020-313-031-000 III 1.00 $271.08 $0.68 $271.76
020-313-032-000 III 1.00 $271.08 $0.68 $271.76
020-313-033-000 III 1.00 $271.08 $0.68 $271.76
020-313-034-000 III 1.00 $271.08 $0.68 $271.76
Packet Pg. 267 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
22 APN Phase EDU
Base
Assessment
Rate
County Collection
Fee Total Assessment
020-314-001-000 III 1.00 $271.08 $0.68 $271.76
020-314-002-000 III 1.00 $271.08 $0.68 $271.76
020-314-003-000 III 1.00 $271.08 $0.68 $271.76
020-314-004-000 III 1.00 $271.08 $0.68 $271.76
020-314-005-000 III 1.00 $271.08 $0.68 $271.76
020-314-006-000 III 1.00 $271.08 $0.68 $271.76
020-314-007-000 III 1.00 $271.08 $0.68 $271.76
020-314-008-000 III 1.00 $271.08 $0.68 $271.76
020-314-009-000 III 1.00 $271.08 $0.68 $271.76
020-314-010-000 III 1.00 $271.08 $0.68 $271.76
020-314-011-000 III 1.00 $271.08 $0.68 $271.76
020-314-012-000 III 1.00 $271.08 $0.68 $271.76
020-314-013-000 III 1.00 $271.08 $0.68 $271.76
020-314-014-000 III 1.00 $271.08 $0.68 $271.76
020-314-015-000 III 1.00 $271.08 $0.68 $271.76
020-314-016-000 III 1.00 $271.08 $0.68 $271.76
020-314-017-000 III 1.00 $271.08 $0.68 $271.76
020-314-018-000 III 1.00 $271.08 $0.68 $271.76
020-314-019-000 III 1.00 $271.08 $0.68 $271.76
020-314-020-000 III 1.00 $271.08 $0.68 $271.76
020-314-021-000 III 1.00 $271.08 $0.68 $271.76
020-314-022-000 III 1.00 $271.08 $0.68 $271.76
020-314-023-000 III 1.00 $271.08 $0.68 $271.76
020-314-024-000 III 1.00 $271.08 $0.68 $271.76
020-314-025-000 III 1.00 $271.08 $0.68 $271.76
020-314-026-000 III 1.00 $271.08 $0.68 $271.76
020-314-027-000 III 1.00 $271.08 $0.68 $271.76
020-314-028-000 III 1.00 $271.08 $0.68 $271.76
020-314-029-000 III 1.00 $271.08 $0.68 $271.76
020-314-030-000 III 1.00 $271.08 $0.68 $271.76
TOTALS 114.00 $30,980.64
Packet Pg. 268 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol 2024-43 and Resol 2024-44)) Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
23 APPENDIX C – DISTRICT DIAGRAMS
District Diagrams
Diagrams for the District, including each Phase of the California Breeze Development, are shown on the following pages.
Packet Pg. 269 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
24 Packet Pg. 270 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
25 Packet Pg. 271 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
26 Packet Pg. 272 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
27 Packet Pg. 273 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
28 APPENDIX D – CAPITAL REPLACEMENT
Capital Replacement
The following pages show a summary of the Capital Replacement costs for each District within the City, as well as the Capital Replacement detail of each identified item for this District.
Packet Pg. 274 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol Engineer’s Report
California Breeze Parks and Open Spaces
City of Gonzales
Fiscal Year 2024-25
29 Packet Pg. 275 Attachment: Ca Breeze P&OS Report (3049 : Assessment Districts Public Hearings Ca Breeze (Resol RESOLUTION NO. 2024-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
CONFIRMING DIAGRAMS AND ASSESSMENTS AND LEVYING ANNUAL
ASSESSMENTS PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982 FOR FISCAL YEAR 2024-2025
CANYON CREEK BENEFIT ASSESSMENT DISTRICT NOS. 1, 2 AND 3 WHEREAS, on or about May 15, 2024, Harris & Associates, the designated Engineer of Work, filed its annual reports for Canyon Creek Benefit Assessment Districts Nos. 1, 2, and 3, City of Gonzales, Monterey County, California; and
WHEREAS, on June 3, 2024, the City Council adopted Resolution No. 2024-20 stating its intent to confirm diagrams and to levy and collect annual assessments in Canyon Creek Benefit Assessment District Nos. 1, 2 and 3, and directing the City Clerk to set a public hearing to be held on July 22, 2024, in the meeting place of the City Council located in the Council Chambers, 117 Fourth Street, Gonzales, California, to consider the Engineer’s annual reports and to take action to confirm the diagrams and levy the annual assessments identified therein.
NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Gonzales as follows:
1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding Canyon Creek Benefit Assessment District Nos. 1, 2 and 3, the levy and collection of assessments, the Engineer’s Reports prepared in connection therewith, and considered all oral and written statements, protests, and communications made or filed by interested persons regarding these matters.
2. Based on the Engineer’s Reports, the City Council finds and determines that:
a. The land within the identified Districts will receive special benefit by the operation, maintenance, and servicing of improvements located in public places within the boundaries of the Districts; and
b. The Districts include all of the lands so benefited; and c. The amount to be assessed upon the lands within the Districts in accordance with the fee for Fiscal Year 2024-2025 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the estimated benefits to be received by each parcel from the improvements and services.
3. The City Council hereby confirms the diagrams and assessments as set forth in the annual reports of the Engineer of Work and hereby levies the assessments set forth therein for Fiscal Year 2024-2025 within each of said benefit assessment districts. The maximum assessments have been adjusted by the CPI for the previous year, established at 3.767%. The annual assessments for Fiscal Year 2024-2025 will be $600.00 per house in District No. 1, $600.00 per house in District No. 2, Packet Pg. 276 Attachment: Resol 2024-45 Canyon Creek Benefit (3050 : Canyon Creek Assessment Districts (Resol 2024-45 and Resol 2024-46)) AGENDA
ITEM
22 $600.00 per house in District No. 3, and $600.00 per Medium Residential Unit in District No. 3.
There is no increase to any of the annual assessments from Fiscal Year 2023-2024.
4. The assessments confirmed hereby shall be collected at the same time and in the same manner as county taxes are collected and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of assessments. Such funds are ordered to be used for the maintenance, operation and servicing of the improvements, and any and all other items of work necessary and incidental to the proper maintenance and operation thereof, as described in the Engineer’s Report.
5. The City Clerk is hereby authorized and directed to file a certified copy of the diagrams and assessments with the County Auditor of Monterey County no later than August 1, 2024, who shall thereafter enter upon the county assessment roll opposite each lot or parcel of land the amount assessed thereupon, as shown in the assessments.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales held on the 22nd day of July, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_________________________________
Jose L. Rios, The Honorable Mayor
ATTEST:
_________________________________
Mary Villegas, Deputy City Clerk
I, the undersigned Deputy City Clerk, hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Gonzales, California, at a regular meeting thereof held on the 22nd day of July, 2024, by the above-stated vote of the members thereof, a majority being present.
Dated: July 22, 2024
_________________________________
Mary Villegas, Deputy City Clerk
Packet Pg. 277 Attachment: Resol 2024-45 Canyon Creek Benefit (3050 : Canyon Creek Assessment Districts (Resol 2024-45 and Resol 2024-46))
CITY OF GONZALES
FINAL ENGINEER’S REPORT
FISCAL YEAR 2024-25
CANYON CREEK BENEFIT ASSESSMENT
DISTRICT NO.’S 1, 2 & 3
FUND #304
JULY 2024
PREPARED BY
Harris & Associates
60 W. Alisal Street, Suite 200
Salinas, CA 93901
www.weareharris.com
Packet Pg. 278 Attachment: Canyon Creek Benefit Report (3050 : Canyon Creek Assessment Districts (Resol 2024-45 and Resol 2024-46)) Engineer’s Report
Canyon Creek Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
ENGINEER’S REPORT FOR
FISCAL YEAR 2024-25
CANYON CREEK BENEFIT ASSESSMENT DISTRICT
City of Gonzales
Monterey County
State of California
APPROVED BY THE CITY COUNCIL FOR THE CANYON CREEK BENEFIT ASSESSMENT DISTRICT OF THE CITY OF GONZALES, STATE OF CALIFORNIA ON THE _____ DAY OF _________, 2024.
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was filed with me on the ________day of ______________, 2024.
Mary Villegas, Deputy City Clerk
City of Gonzales, Monterey County, CA
_________________________________
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was approved and confirmed by the City Council of the City of Gonzales, California on the ________day of ______________, 2024.
Mary Villegas, Deputy City Clerk
City of Gonzales, Monterey County, CA
__________________________
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was filed with the County Auditor of the County of Monterey on the ________day of ______________, 2024.
Mary Villegas, Deputy City Clerk
City of Gonzales, Monterey County, CA
__________________________
Packet Pg. 279 Attachment: Canyon Creek Benefit Report (3050 : Canyon Creek Assessment Districts (Resol 2024-45 and Resol 2024-46)) Engineer’s Report
Canyon Creek Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
TABLE OF CONTENTS
Table of Contents
Certifications…………………………………………………………………………………………………………………………i Statement of Assessment Engineer…………………………………………………………………………………..….1 Plans and Specifications……………………………………………………………………………………………………….3 Estimate of Costs………………………………………………………………………………………………………………….8 District Diagram…………………………………………………………………………………………………………………..11 Method of Apportionment………………………………………………………………………………………………….12 Appendix A – 2023-24 Financial Summary ………………………………………………………………………….16 Appendix B – Assessment Roll ………………………………………………………………………………………..….17 Appendix C – District Diagram …………………………………………………………………………………………...23 Appendix D – Capital Replacement …………………………………………………………………………………….27 Packet Pg. 280 Attachment: Canyon Creek Benefit Report (3050 : Canyon Creek Assessment Districts (Resol 2024-45 and Resol 2024-46)) Engineer’s Report
Canyon Creek Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
1 STATEMENT OF ASSESSMENT ENGINEER
Statement of Assessment Engineer
AGENCY: CITY OF GONZALES
PROJECT: CALIFORNIA BREEZE BENEFIT ASSESSMENT DISTRICT
TO: THE CITY COUNCIL
CITY OF GONZALES
STATE OF CALIFORNIA
ENGINEER’S REPORT FOR FISCAL YEAR 2024-25
The preparation of this Annual Engineer’s Report (“Report”) is in conformance with the obligation of the City Council for the California Breeze Benefit Assessment District of the City of Gonzales to provide drainage services upon each lot or parcel of land in the district in proportion to the estimated benefit to be received by each such lot or parcel of land for Fiscal Year 2024-25.
Pursuant to the Benefit Assessment Act of 1982, Chapter 6.4 of Part 1 of Division 2 of Title 5 of the Government Code (the “1982 Act”), Article XIIID, Section 4(a) of the State of California Constitution, and in accordance with the City of Gonzales’ Resolution adopted by the City Council, this Report has been ordered for:
CANYON CREEK BENEFIT ASSESSMENT DISTRICT
(Hereinafter referred to as the “District”),
I, Alison Bouley, authorized representative of the District, the duly appointed Assessment Engineer submit the following Report which consists of the following four (4) parts and Appendices:
PART I
Description of Improvements: This part provides a general description of improvements proposed to be maintained in the District. Plans and specifications for the improvements are on file with the City.
PART II
Estimate of Cost: This part contains the cost estimate of the proposed maintenance including incidental costs and expenses for Fiscal Year 2024-25.
Packet Pg. 281 Attachment: Canyon Creek Benefit Report (3050 : Canyon Creek Assessment Districts (Resol 2024-45 and Resol 2024-46)) Engineer’s Report
Canyon Creek Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
2 PART III
District Diagram: This part incorporates a Diagram of the District showing the external boundaries of the District. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Monterey County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report. The District Diagram is filed under separate cover with the City Clerk.
PART IV
Method of Apportionment of the Assessments: This part describes the method of apportionment of assessments, based upon parcel classification of land within the District in proportion to the estimated special benefits to be received. The costs and expenses of the District have been assessed upon the parcels of land within the boundaries of District pursuant to the initial methodology established by Resolution No. 2000-71 approved on the 24th day of July, 2000. For particulars as to the identification of parcels, reference is made to the District Diagram.
Appendices
Appendix A – Financial Summary
Appendix B – Assessment Roll
Appendix C – District Diagram
Appendix D – Capital Replacement
In conclusion, it is my opinion that the costs and expenses of the District have been assessed to the lots and parcels within the boundaries of the District in proportion to the estimated benefits to be received by each lot or parcel from the services provided.
DATED this day of July, 2024
___________________________________________
Alison Bouley, P.E., Assessment Engineer
R.C.E. No. C61383
Engineer of Work
Packet Pg. 282 Attachment: Canyon Creek Benefit Report (3050 : Canyon Creek Assessment Districts (Resol 2024-45 and Resol 2024-46)) Engineer’s Report
Canyon Creek Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
3 PART I – PLANS AND SPECIFICATIONS
PLANS AND SPECIFICATIONS
INTRODUCTION
City Staff has contracted with Harris & Associates (“Harris”) to complete the annual administration process for all of City’s assessment districts. In addition to this required annual process, Harris has conducted an assessment district fund balance and capital asset replacement cash flow analysis to confirm and ensure that the City’s assessment districts annually assess property owners only for the essential funding to complete ongoing maintenance activities and finance timely capital replacement as assets reach the end of their useable lifecycles.
GENERAL DESCRIPTION OF THE DISTRICTS
CANYON CREEK BENEFIT ASSESSMENT DISTRICT NO. 1
Benefit Assessment District No. 1 (hereinafter “BAD 1”) is generally described as a district bounded on the northeast by Fanoe Road, on the southwest by State Route 101, on the southeast by the Sunrise Ranch Subdivision and on the northwest by Canyon Creek Phase II Subdivision.
CANYON CREEK BENEFIT ASSESSMENT DISTRICT NO. 2
Benefit Assessment District No. 2 (hereinafter “BAD 2”) is generally described as a district bounded on the northeast by Fanoe Road, on the southwest by Canyon Creek Phase I Subdivision and Canyon Creek Phase III Subdivision, on the southeast by Canyon Creek Phase I and on the northwest by Canyon Creek Phase III Subdivision.
CANYON CREEK BENEFIT ASSESSMENT DISTRICT NO. 3
Benefit Assessment District No. 3 (hereinafter “BAD 3”) is generally described as a district bounded on the east by Herold Parkway, on the west by State Route 101, on the north by a line approximately 4,300 feet south of Fifth Street and on the south by a line approximately 5,100 feet south of Fifth Street.
COMPLIANCE WITH THE CALIFORNIA CONSTITUTION
Assessments are levied annually pursuant to the Benefit Assessment Act of 1982, Chapter 6.4 of Part 1 of Division 2 of Title 5 of the Government Code (“1982 Act”). All assessments described in this Report and approved by the City Council are prepared in accordance with the 1982 Act. Any future increase in excess of the approved maximum assessments each year for the Canyon Creek BAD will require the approval of a majority of the property owners in accordance with the requirements of Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act.
Packet Pg. 283 Attachment: Canyon Creek Benefit Report (3050 : Canyon Creek Assessment Districts (Resol 2024-45 and Resol 2024-46)) Engineer’s Report
Canyon Creek Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
4 SUMMARY OF PROPOSED ASSESSMENT AND EXPENDITURES
Approval of the proposed assessment covered by this Engineer’s Report will generate the revenue necessary to:
Provide for the continued maintenance and future rehabilitation of the items listed below. Maintenance may include but is not limited to, all of the following: the upkeep, repair, removal or replacement of all or any part of the specified improvements. This shall also include material, vehicle, equipment, capital improvements and administrative costs associated with the annual administration and operation of the District.
Canyon Creek BAD Phase 1
Maintenance and operation of the following described improvements of a local nature on public lands within said district including sweeping, street lights and lighting costs, storm drain lines, including necessary cleaning, repairs, replacement, electric current, supervision, debris removal, engineering and inspection and any and all other items of work necessary and incidental for the proper maintenance and operation thereof. All additions, improvements and enlargements thereto which may hereafter be made on the following described work within the following streets and appurtenant improvement plans:
Fanoe Road, Burgundy Way, Champagne Way and Rhone Way: All as said streets are shown on that certain map titled “Benefit Assessment District No. 1, Canyon Creek Phase 1, Exhibit B” on file with the City Clerk.
Maintenance and operation of the following described improvements of a local nature on public lands within said district including storm water retention pond silt removal and bank stabilization and percolation, including necessary cleaning, repairs, replacement, electric current, supervision, debris removal, pest abatement, engineering and inspection and any and all other items of work necessary and incidental for the proper maintenance and operation thereof. All additions, improvements and enlargements thereto which may hereafter be made on the following described work within the following area and appurtenant improvement plans:
Storm Water Retention Pond: Improvements as shown on the approved improvement plans titled “Canyon Creek Phase I” and any subsequent revisions and as on the approved Canyon Creek Tentative Map.
Maintenance and operation of the following described improvements of a local nature on public lands within said district including storm drain outfalls, Gonzales Slough silt removal and bank stabilization and percolation, including necessary cleaning, repairs, replacement, electric current, supervision, debris removal, pest abatement, engineering and inspection and any and all other items of work necessary and incidental for the proper maintenance and operation thereof. All additions, improvements and enlargements thereto which may hereafter be made on the following described work within the following area and appurtenant improvement plans:
Gonzales Slough: Drainage improvements as shown on the approved improvement plans titled “Canyon Creek Phase I” and as shown on the approved Canyon Creek Tentative Map.
Incidental costs including contingencies, and assessment district incidentals including engineering, printing, and notices to property owners, collection costs, legal fees, administration and supervision, are assessed to the District on the same basis as the improvements specified above.
Packet Pg. 284 Attachment: Canyon Creek Benefit Report (3050 : Canyon Creek Assessment Districts (Resol 2024-45 and Resol 2024-46)) Engineer’s Report
Canyon Creek Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
5 Canyon Creek BAD Phase 2
Maintenance and operation of the following described improvements of a local nature on public lands within said district including sweeping, street lights and lighting costs, storm drain lines, including necessary cleaning, repairs, replacement, electric current, supervision, debris removal and any and all other items of work necessary and incidental for the proper maintenance and operation thereof. All additions, improvements and enlargements thereto which may hereafter be made on the following described work within the following streets and appurtenant improvement plans:
Fanoe Road, Chianti Way, Chianti Court, Rhone Lane, Spumante Way, Champagne Way, and Rhone Way: All as said streets are shown on that certain map titled “Benefit Assessment District No. 2, Canyon Creek Phase II, Exhibit B” on file with the City Clerk.
Maintenance and operation of the following described improvements of a local nature on public lands within said district including storm water retention pond silt removal and bank stabilization and percolation, including necessary cleaning, repairs, replacement, electric current, supervision, debris removal, pest abatement, engineering and inspection and any and all other items of work necessary and incidental for proper maintenance and operation thereof. All additions, improvements and enlargements thereto which may hereafter be made on the following described work within the following area and appurtenant improvement plans:
Storm Water Retention Pond: Improvements as shown on the approved improvement plans titled “Canyon Creek Phase I” and any subsequent revisions and as on the approved Canyon Creek Tentative Map.
Maintenance and operation of the following described improvements of a local nature on public lands within said district including storm drain outfalls, Gonzales Slough silt removal and bank stabilization and percolation, including necessary cleaning, repairs, replacement, electric current, supervision, debris removal, pest abatement, engineering and inspection and any and all other items of work necessary and incidental for proper maintenance and operation thereof. All additions, improvements and enlargements thereto which may hereafter be made on the following described work within the following area and appurtenant improvement plans:
Gonzales Slough: Drainage improvements as shown on the approved improvement plans titled “Canyon Creek Phase I” and as shown on the approved Canyon Creek Tentative Map.
Incidental costs including contingencies, and assessment district incidentals including engineering, printing, and notices to property owners, collection costs, legal fees, administration and supervision, are assessed to the District on the same basis as the improvements specified above.
Canyon Creek BAD Phase 3
Maintenance and operation of the following described improvements of a local nature on public lands within said district including sweeping, street lights and lighting costs, storm drain lines, including necessary cleaning, repairs, replacement, electric current, supervision, debris removal and any and all other items of work necessary and incidental for the proper maintenance and operation thereof. All additions, improvements and enlargements thereto which may hereafter be made on the following described work within the following streets and appurtenant improvement plans:
Packet Pg. 285 Attachment: Canyon Creek Benefit Report (3050 : Canyon Creek Assessment Districts (Resol 2024-45 and Resol 2024-46)) Engineer’s Report
Canyon Creek Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
6 Burgundy Circle, Burgundy Way, Chianti Way, Spumante Way, Chablis Way, and Rhone Way: All as said streets are shown on that certain map titled “Benefit Assessment District No. 3, Canyon Creek Phase III, Exhibit B” on file with the City Clerk.
Maintenance and operation of the following described improvements of a local nature on public lands within said district including storm water retention pond silt removal and bank stabilization and percolation, including necessary cleaning, repairs, replacement, electric current, supervision, debris removal, pest abatement, engineering and inspection and any and all other items of work necessary and incidental for proper maintenance and operation thereof. All additions, improvements and enlargements thereto which may hereafter be made on the following described work within the following area and appurtenant improvement plans:
Storm Water Retention Pond: Improvements as shown on the approved improvement plans titled “Canyon Creek Phase I” and any subsequent revisions and as on the approved Canyon Creek Tentative Map.
Maintenance and operation of the following described improvements of a local nature on public lands within said district including storm drain outfalls, Gonzales Slough silt removal and bank stabilization and percolation, including necessary cleaning, repairs, replacement, electric current, supervision, debris removal, pest abatement, engineering and inspection and any and all other items of work necessary and incidental for proper maintenance and operation thereof. All additions, improvements and enlargements thereto which may hereafter be made on the following described work within the following area and appurtenant improvement plans:
Gonzales Slough: Drainage improvements as shown on the approved improvement plans titled “Canyon Creek Phase I” and as shown on the approved Canyon Creek Tentative Map.
Incidental costs including contingencies, and assessment district incidentals including engineering, printing, and notices to property owners, collection costs, legal fees, administration and supervision, are assessed to the District on the same basis as the improvements specified above.
Pursuant to the 1982 Act:
"Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement.
"Service" or "servicing" means the furnishing of electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements.
Packet Pg. 286 Attachment: Canyon Creek Benefit Report (3050 : Canyon Creek Assessment Districts (Resol 2024-45 and Resol 2024-46)) Engineer’s Report
Canyon Creek Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
7 PART II – ESTIMATE OF COSTS
Estimate of Costs
All improvements within the Districts are maintained and serviced on a regular basis. Based upon the available revenues generated by the assessment, City staff determines the frequency and specific maintenance operations which can be provided in a given year.
The proposed budget is shown on the following page. This includes an estimate of the costs of utilities, operations, services, administration and maintenance associated with the improvements within the Districts, including all labor, personnel, equipment, materials and administrative expenses. The budget summary also shows the estimated fund balance and the projected fund reserves that will be available and may be required based upon the estimated expenditures and assessment revenue.
Beginning in Fiscal Year 2021-22, the City combined the budget page to show only the total expenditures, revenues, etc. for the District, rather than showing the expenditures and revenues by individual phases of the development, as had been done in previous years.
Packet Pg. 287 Attachment: Canyon Creek Benefit Report (3050 : Canyon Creek Assessment Districts (Resol 2024-45 and Resol 2024-46)) Engineer’s Report
Canyon Creek Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
8 Packet Pg. 288 Attachment: Canyon Creek Benefit Report (3050 : Canyon Creek Assessment Districts (Resol 2024-45 and Resol 2024-46)) Engineer’s Report
Canyon Creek Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
9 A slurry seal project was completed for the District during the 2022 calendar year, using $150,000 from the Capital Reserve fund.
Packet Pg. 289 Attachment: Canyon Creek Benefit Report (3050 : Canyon Creek Assessment Districts (Resol 2024-45 and Resol 2024-46)) Engineer’s Report
Canyon Creek Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
10 PART III – DISTRICT DIAGRAM
District Diagram
The boundaries of the Canyon Creek Benefit Assessment District are shown on the map in Appendix C. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Monterey County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report. The District Diagram is also filed under separate cover with the City Clerk.
Packet Pg. 290 Attachment: Canyon Creek Benefit Report (3050 : Canyon Creek Assessment Districts (Resol 2024-45 and Resol 2024-46)) Engineer’s Report
Canyon Creek Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
11 PART IV – METHOD OF APPORTIONMENT
Method of Apportionment
GENERAL PROVISIONS – SPECIAL BENEFIT
Pursuant to the 1982 Act and Article XIIID, all parcels that receive a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. Chapter 6.4, Division 2, Title 5, of the Government Code, the Benefit Assessment Act of 1982, permits the establishment of assessment districts by Cities for the purpose of providing certain public improvements that include street maintenance.
Section 54711 of the Benefit Assessment Act of 1982 requires that maintenance assessments be levied according to benefit rather than according to assessed value. This Section states:
(a) No benefit assessment shall be levied pursuant to this chapter unless it meets all of the following requirements:
(1) The amount of the assessment imposed on any parcel of property shall be related to the benefit to the parcel which will be derived from the provision of the service. Except as provided in subdivision (d) or (e) of Section 54715, in the case of a benefit assessment for flood control services, the benefit must be determined on the basis of the proportionate storm water runoff from each parcel. In the case of an assessment for the maintenance of streets, roads, or highways, the benefit shall be in proportion to the estimated traffic volume to be generated by each parcel assessed, or by any other reasonable basis as determined by the legislative body. (2) The annual aggregate amount of the assessment shall not exceed the estimated annual cost of providing the service.
(3) The revenue derived from the assessment shall not be used to pay the cost of any service other than the service for which the assessment was levied.
The 1982 Act also permits the designation of zones of benefit within any individual assessment district.
Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Article XIIID also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways.
The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. The costs for the operation, maintenance and servicing of the improvements maintained for each zone are apportioned in accordance with the methodology which was established by the City Council upon formation of the Districts.
Packet Pg. 291 Attachment: Canyon Creek Benefit Report (3050 : Canyon Creek Assessment Districts (Resol 2024-45 and Resol 2024-46)) Engineer’s Report
Canyon Creek Benefit Assessment District
City of Gonzales
Fiscal Year 2024-25
12 GENERAL PROVISIONS – GENERAL BENEFIT
Although the improvements may include public streets and drainage facilities that connect to similar facilities outside the Districts’ boundaries, the construction, maintenance and operation of these improvements are only necessary for the development of properties within the Districts. As such, these improvements were not required nor necessarily desired by any properties or developments outside the Districts’ boundaries and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the ongoing maintenance, servicing and operation of the District’s improvements provide no measurable general benefit to properties outside the Districts or to the public at large, but clearly provide distinct and special benefits to properties within the Districts.