Gonzales City Council
September 16, 2024

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

A G E N D A

JOINT MEETING OF THE

GONZALES CITY COUNCIL

GONZALES SUCESSOR AGENCY,

GONZALES SUCCESSOR HOUSING AGENCY,

GONZALES ELECTRIC AUTHORITY BOARD,

GONZALES MUNICIPAL ELECTRIC UTILTY BOARD
CITY COUNCIL CHAMBERS – 117 FOURTH STREET
GONZALES, CA 93926
MONDAY, SEPTEMBER 16, 2024
5:30 P.M.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

1. ROLL CALL- City Council/Successor Agency/Successor Housing Agency/Electric Authority Board/Municipal Electric Utility Board
Mayor Pro Tem/Vice Chair/Vice President Scott Funk, Council/Agency/Board Member Liz Silva, Council/Agency/Board Member Lorraine Worthy, Council/Agency/Board Member Maria Orozco, Mayor/Chair/President Jose L.

Rios
Successor Agency Item
 Successor Housing Agency/Electric Authority/Municipal Electric Utility Item

PUBLIC NOTICE
This meeting is being conducted consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The public may participate in person or online via zoom at https://us06web.zoom.us/j/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]

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.

2. The City Council will recess to closed session pursuant to Government Code Section 54956.8 to give instructions to the City’s negotiator concerning the exchange/lease/acquisition of property located at Assessor Parcel Numbers 223-031-024 and 223-031-025. Instructions will include price and terms of payment.
*
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.

3. The City Council will confer with legal counsel pursuant to Government Code Section 54956.9(a) to confer with its attorney- significant exposure to litigation.

4. The City Council will recess to closed session pursuant to Government Code Section 54956.9(a) to confer with its Attorney regarding pending litigation which has been initiated formally and to which the City is a party: Claim of Chavez.

PRESENTATIONS

5. City Park Concept

BUSINESS FROM THE PUBLIC

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

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

7. Approve the Joint City Council and Successor Agency - Regular Meeting - September 3, 2024 Minutes

8. Approve City Accounts Payable Warrants #50687-50807

9. City Manager’s Report

10. Community Engagement & Recreation Departments Activity Report

11. Community Development Department Activity Report

12. Fire Department Activity Report

13. Police Department Activity Report

14. Public Works/City Engineer Department Activity Report

15. Consider Approval of Resolution No. 2024-57, A Resolution of the City Council of the City of Gonzales Approving a Joint Exercise of Powers Agreement and Cooperation Agreement with Monterey County and the Cities of Greenfield, Marina and Sand City to Undertake or to Assist in the Undertaking of Essential Activities Pursuant to Title I of the Housing and Community Development Act of 1974, as Amended, for the Period of July 1, 2025, through June 30, 2028

16. Authorize the City Manager to Sign a Memorandum of Agreement Between the City of Gonzales and the Gonzales Unified School District to Co-Sponsor a Resource Officer Position Jointly Funded by the City and GUSD

REGULAR AGENDA

17. Community Center Construction Update
a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Receive update

18. Authorize the City Manager to Accept the California Office of Traffic Safety Grant EM25022 in the Amount of $42,933 for the Purchase of New E-draulic Vehicle Extrication Equipment a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Authorize the City Manager to accept the grant, and make the necessary adjustments to the Fire Department Budget Line 100-30-6210 Special Department Expenses to reflect the available funds
*
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.

19. Consider Approval of Resolution No. 2024-58, A Joint Resolution of the City Council of the City of Gonzales/City Council as Board to the Successor Agency to the Gonzales Redevelopment Agency/Board of the Gonzales Successor Housing Agency/Board of the Gonzales Electric Authority/Board of the Gonzales Municipal Electric Utility Approving Amendment No. 1 to the Employment Agreement for City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Gonzales Electric Authority Executive Director/Gonzales Municipal Electric Utility Executive Director
a) Staff Report
b) Public Comment
c) Council/Agency/Board Discussion
d) Council/Agency/Board Action
Staff Recommended Action-Adopt Joint Resolution No. 2024-58

GONZALES YOUTH COUNCIL UPDATES

20. Oral Communications

BUSINESS FROM CITY COUNCIL

21. City Council Board/Committee Reports
a. League of California Cities Monterey Bay Division
b. Association of Monterey Bay Area Governments
c. Monterey Salinas Transit

22. Oral Communications

BUSINESS FROM CITY MANAGER

23. Oral Communications

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

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

I, Mary Villegas, Deputy City Clerk of the City of Gonzales, do hereby certify that a copy of the foregoing Joint City Council/Successor Agency/Successor Housing Agency/Gonzales Electric Authority/Gonzales Municipal Electric Utility Regular Meeting Agenda was posted at City Hall, Council Chambers, and on the City’s website by Thursday, September 12, 2024, at 5:00 p.m. 9/12/24
Mary Villegas Date
* 

MINUTES

JOINT MEETING OF THE

GONZALES CITY COUNCIL AND

GONZALES SUCCESSOR AGENCY
TUESDAY, SEPTEMBER 3, 2024
6:00 P.M.

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

PLEDGE OF ALLEGIANCE
Council Member Orozco led the flag salute.

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 – Left at 6:42pm

YOUTH COMMISSIONERS
Valeria Cardenas and Emily Mendez.

STAFF PRESENT
City Manager Carmen Gil, City Attorney Michael F. Rodriquez, Community Development Director Taven Kinson Brown, Executive Assistant to the City Manager/Deputy City Clerk Mary Villegas, Administrative Assistant II Marisol Gomez, Public Works Director/City Engineer Patrick Dobbins, Fire Chief Jason Muscio, and Police Chief Keith Wise.
* Successor Agency Item
Packet Pg. 4
Minutes Acceptance: Minutes of Sep 3, 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. Fire Department Update
City Manager Gil and Fire Chief Muscio presented a powerpoint presentation which included a background when the Fire Station was built, they explained when the Firefighters began to be hired due to need, responses to calls per month, Fire Department outstanding needs, and the equipment and supplies needed.

BUSINESS FROM THE PUBLIC

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

Henry Martinez Jr. showed the Gonzales Tribune Newspaper and questioned what the log said versus what the Police Department said regarding the number of fireworks calls.

Henry Martinez Sr. expressed his opposition to military equipment because this was a small safe town with no crimes.

CONSENT AGENDA

4. Approve the Joint City Council and Successor Agency - Regular Meeting - August 19, 2024 Minutes

5. Approve City Accounts Payable Warrants #50648-50686

6. Consider Adoption of the Updated Version of the City of Gonzales Emergency Operations Plan, including the recently added section for power outage emergencies

7. Consider Approval of Resolution No. 2024-56, A Resolution of the City Council of the City of Gonzales Designating Resurfacing the 100 and 200 Blocks of Fourth Street as the City’s Priority Project for FY 2024-2025 to be Funded by SB 1 “The Road Repair and Accountability Act of 2017” *
Note: * This Resolution was approved as Resolution No. 2024-54 but there was a clerical error, and the number was corrected to reflect the accurate number, Resolution No. 2024-56.

Council Members Worthy and Orozco pulled item 7.
*
Packet Pg. 5
Minutes Acceptance: Minutes of Sep 3, 2024 6:00 PM (CONSENT AGENDA)

Council Member Worthy asked if the funding could be allocated to something else if we didn't use all the funding. She also wanted to showcase this item to the community so that everybody knew that Public Works was able to get this funding, and since everybody had been very concerned about Fourth Street cleaning it up.

Public Works Director Dobbins responded yes, it could be allocated to another project.

Council Member Orozco asked if this was part of the street repair presentation from a few years back.

Public Works Director Dobbins explained the work the City did several years ago in a number of assessment districts didn’t include SB 1 funding, that was done with different funding sources, but this was the first time that SB 1 moneys are available to us for other projects.

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

REGULAR AGENDA

8. Consider Approval of Proclamation No. 2024-06 Proclaiming September as the City of Gonzales’ Community Beautification Month
Staff Report: City Manager Gil presented the staff report.

Public Comment: Henry Martinez Jr. didn't think this was going to get done because this side of the freeway was trashed and said it was the City's responsibility not the residents’.

Henry Martinez Sr. spoke about Fourth Street and alleys being bad and said the City should not be blaming the residents. He also commented about making the investors more responsible.

Council Discussion: Council Member Worthy commented about all of us as a community doing something because the City couldn't do everything everywhere. She asked staff if we could make some flyers, and she would be willing to drop them off at people's houses. City Manager Gil responded staff was going to do banners and could do flyers as well, and said this information will be in the staff reports, the City Manager Report, the utility bills, etc. to let people know what they could do to support beautification in the community. Council Member Silva agreed it was the responsibility of the residents. She didn’t think it was the responsibility of the Public Works Department but whoever lives there to take care of the surrounding area to keep our town looking nice. She applauded the residents that she had seen trimming their trees and Public Works for getting the trimmings and going out there and taking care of the weeding. She also encouraged everyone to step in and help. Council Member Orozco elaborated on a program she worked for where they would get free paint and didn’t know if Salinas Valley Recycles provided free paint which was a big help with neighborhood cleanups. She gave examples of the different districts where each Councilmember would have their day in their area. Mayor Rios suggested pulling the dead trees if we have the equipment to do it.

Packet Pg. 6
Minutes Acceptance: Minutes of Sep 3, 2024 6:00 PM (CONSENT AGENDA)

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

9. Public Hearing to Consider Adoption, Waiver of Reading, and Reading by Title Only Ordinance No. 2024-146, An Ordinance of the City Council of the City of Gonzales Amending Chapter

3.16- Purchasing Procedures of Title 3- Revenue and Finance of the Gonzales City Code to Increase the Bidding Requirement Threshold for the Purchase of Supplies and Equipment From $5,000 to $50,000
Staff Report: City Attorney Rodriquez presented the staff report.

Mayor Rios opened the public hearing at 6:42pm.

Public Hearing: No comments came forward.

Mayor Rios closed the public hearing at 6:42pm.

Council Discussion: None.

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

10. Consider a) Awarding a Construction Contract to Sierra Construction & Excavation, Inc. for the Industrial Wastewater Pipeline Contract; b) Authorizing Task Order #2 with Dudek Consulting; and c) Authorizing Task Order #2 with MNS Engineers
Staff Report: Public Works Director Dobbins noted that City Attorney Rodriguez suggested the need for a resolution to memorialize this action, so he prepared Resolution No. 2024-55, which was distributed to the Council this evening.

The Resolution for consideration under this item was Resolution No. 2024-55, A Resolution of the City Council of the City of Gonzales Authorizing Execution of a Contract with Sierra Construction & Excavation for Construction of the Industrial Wastewater Pipeline, Authorizing Task Order #2 Under a Master Service Agreement with Dudek Consulting for Design Support During Construction, and Authorizing Task Order #2 Under a Master Service Agreement with MNS Engineers for Construction Management And Inspection Services.

Public Comment: There was none.

Council Discussion: Council Member Worthy wondered why there was a big gap in the amount of one of the bids. Public Works Director Dobbins thought it was due to the unit price per square foot. Council Member Silva asked about the timeline. Public Works Director Dobbins responded around eight months depending on the kind of winter we get.

Packet Pg. 7
Minutes Acceptance: Minutes of Sep 3, 2024 6:00 PM (CONSENT AGENDA)

RESULT: APPROVED [UNANIMOUS] Resolution No. 2024-55
MOVER: Liz Silva, Council Member
SECONDER: Lorraine Worthy, Council Member
AYES: Jose L. Rios, Liz Silva, Lorraine Worthy
ABSENT: Maria Orozco
EXCUSED: Scott Funk

GONZALES YOUTH COUNCIL UPDATES

11. Oral Communications
Youth Commissioners Cardenas and Mendez reported on finishing the process and outreach for the Youth Council and finalizing the plans for the orientation and a schedule.

Council Member Worthy suggested that Council Members attend the Youth Council meetings periodically, and for the Youth Council to get involved in the beautification efforts.

BUSINESS FROM CITY COUNCIL

12. City Council Board/Committee Reports
a. Transportation Agency for Monterey County
Mayor Rios reported on the EIR for the Highway 101 Salinas-Gonzales corridor and improvements; overpass in Chualar; and Abbot Street exit, as well as the impact of the new Amazon distribution center.
b. Mayor Selection Committee
Mayor Rios announced the meeting this Friday which Gonzales was hosting. c. Salinas Valley Recycles
Council Member Silva announced Mayor Pro Tem Funk will be attending the September 19th meeting since she wouldn’t be able to attend.
d. Measure K Oversight Committee
Council Member Worthy reported on the meeting they had last week where they received a presentation from the five recipients and they were all great presentations.

13. Oral Communications
Council Member Silva commented about seeing all the progress changes at the Community Center project where she would go by often and would take pictures, and it was great to see the Caprara Family was very excited about it. She also talked about the stadium which was getting a big facelift. She congratulated the 4-H and FFA Exhibitors who participated at the Monterey County Fair. She also talked about a Facebook post from Supervisor Lopez and his father-in-law who erected a memorial for the Braceros that were killed in the awful train accident in 1963.

Mayor Rios reported on the 3CE meeting he attended last week to discuss the current Policy Board made up of 19 members, and he was in favor for a smaller board. He elaborated on a City of Morgan Hill low-income housing program with a restriction for 45 years and the County and City came up with a downpayment. He wanted to throw this idea out there where we could maybe set up $100,000 from the new measure as a possible down payment.

Packet Pg. 8
Minutes Acceptance: Minutes of Sep 3, 2024 6:00 PM (CONSENT AGENDA)

BUSINESS FROM CITY MANAGER

14. Oral Communications
City Manager Gil announced the Salinas Valley Health Community Fair on October 12th at Central Park, the Fall Festival on October 26th, and the Community Gardening Day on November 2 nd at the Community Garden.

Public Works Director Dobbins reported on the progress of the Community Center project; the tour for Council Members Worthy and Silva; and the MST Circulator Project.

Police Chief Wise clarified what was reported regarding the media logs for the Fourth of July calls was accurate and he stood by those numbers. He explained the media log didn't reflect all calls for service and cases, which case numbers were generated based on type of calls for service, and if it doesn't generate a case number, it doesn't go on the media log, and therefore was not sent to the media. He reiterated what was reflected in the media log for that date, the Fourth of July, was accurate.

ADJOURNMENT
RESULT: APPROVED [UNANIMOUS] Resolution No. 2024-55
MOVER: Liz Silva, Council Member
SECONDER: Lorraine Worthy, Council Member
AYES: Jose L. Rios, Liz Silva, Lorraine Worthy
ABSENT: Maria Orozco
EXCUSED: Scott Funk
The meeting was adjourned at 7:29 PM.

ATTEST:

Mary Villegas, Deputy City Clerk
Packet Pg. 9
Minutes Acceptance: Minutes of Sep 3, 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: 8:20 am
Date: 09/03/2024
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
50687 08/20/24 Printed 4343 4LEAF, INC. Plan Review Services 2,313.48 50688 08/20/24 Printed 1922 A & G PUMPING, INC. Rental Charges 395.50 ABAG PUBLICLY OWNED 2,118.05
ENERGY
50689 08/20/24 Printed 256 Levelized Nat Gas Charges
AGILE OCCUPATIONAL 109.00

MEDICINE PC
50690 08/20/24 Printed 4362 Vaccine
50691 08/20/24 Printed 108 AIRGAS Propane & Oxygen 216.68 ALVAREZ TECHNOLOGY 7,628.53
GROUP, INC.
50692 08/20/24 Printed 3893 Sept Monthly Billing
50693 08/20/24 Printed 4066 APWA MEMBERSHIP Membership 397.00 ARMANASCO PUBLIC 5,000.00

RELATIONS,
50694 08/20/24 Printed 3284 Public Relation
50695 08/20/24 Printed 2830 AT&T Internet - Corp Yard 95.59 50696 08/20/24 Printed 4117 AT&T Phone Service 399.72
50697 08/20/24 Printed 86 AT&T CalNet Services 1,378.69 50698 08/20/24 Printed 3168 AUTOZONE INC. PW #1 272.19
50699 08/20/24 Printed 3805 BADGER METER INC. July Services 143.78 BANUELOS ENTERPRISES, 91.96
INC.
50700 08/20/24 Printed 1054 Fuel
50701 08/20/24 Printed 3526 BRYAN EQUIPMENT CO. Supplies 20.93 50702 08/20/24 Printed 770 CARLOS ALBERTO ESQUIVEL Janitorial Services 100.00 CASNER EXTERMINATING, 300.00
INC.
50703 08/20/24 Printed 889 Exterior Perimeter - Fence Line 50704 08/20/24 Printed 4283 CD-DATA Parcel Quest 4,798.00 50705 08/20/24 Printed 212 CITY OF GONZALES Utilities 6,490.75 COMPREHENSIVE PRINT 806.68

GROUP LLC
50706 08/20/24 Printed 4462 Calif Breeze Notice
50707 08/20/24 Printed 1482 CSC OF SALINAS Equip Repair 128.55 50708 08/20/24 Printed 1821 CSK AUTO, INC. Supplies 342.87 50709 08/20/24 Printed 3028 D & J TIRE SERVICE Tire Repair 660.98 50710 08/20/24 Printed 2936 JACOBO DUARTE 2024 Youth Flag Football Coach Stipend 115.00 50711 08/20/24 Printed 811 EMBLEM ENTERPRISES, INC. Uniform Patches 459.68 50712 08/20/24 Printed 1771 EMPLOY AMERICA Janitorial Services 1,315.56 50713 08/20/24 Printed 4458 TAMSEN FORREST After Hours Service 105.00 50714 08/20/24 Void 08/20/24 Void Check 0.00
GONZALES ACE HARDWARE 289.02
INC.
50715 08/20/24 Printed 3274 Hose Flexogen
50716 08/20/24 Printed 225 GONZALES IRRIGATION Supplies 111.99 50717 08/20/24 Printed 118 GONZALES RX PHARMACY 2 True Metrix 15.42 GREEN VALLEY FARM 14.68
SUPPLY
50718 08/20/24 Printed 1319 PPE
50719 08/20/24 Printed 3228 HARRIS & ASSOCIATES, INC. 2024 Annual District Engineers Reports 57,409.65 HILL BROTHERS CHEMICAL 6,305.15
CO
50720 08/20/24 Printed 4120 Chemicals
50721 08/20/24 Printed 2818 JARVIS FAY LLP. Legal Services 10,053.00 50722 08/20/24 Printed 2684 ANITA KEREZSI SB90 Administration 2,000.00 50723 08/20/24 Printed 3828 LYNN A. KOVACH Field Staffing 4,900.00 50724 08/20/24 Printed 4798 LA ESQUINA BAR AND GRILL Refund on Account Credit 74.88 50725 08/20/24 Printed 72 MISSION UNIFORM SERVICE Fire Uniforms 845.43 MONTEREY BAY AIR 4,656.30

RESOURCES
50726 08/20/24 Printed 54 Per Capita Assessment FY 24-25 MONTEREY COUNTY 7,298.66
AUDITOR50727 08/20/24 Printed 1302 LAFCO Budget Allocation 2024-25 50728 08/20/24 Printed 4287 JESSICA OLMEDO GYC Meeting - Mileage 113.90 50729 08/20/24 Printed 91 P. G. & E. Utilities - #1024308210-3 41,804.13 50730 08/20/24 Printed 3821 PASSPORT LABS, INC. Citation Management 566.08 50731 08/20/24 Printed 4092 RAZZO LINK, INC. Internet 85.04 SALINAS VALLEY PRO 2,871.72
SQUAD
50732 08/20/24 Printed 2979 Uniforms - M Perez
50733 08/20/24 Printed 2685 SC FUELS Fuel - Acct #0045874 532.85 SKINNER EQUIPMENT 4,406.26
REPAIR
50734 08/20/24 Printed 2879 81112 Fire
Packet Pg. 10
Attachment: Warrants #50687-50807 (3104 : Approve City Accounts Payble Warrants #50687-50807) 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: 8:20 am
Date: 09/03/2024
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
50735 Vista Lecia - Annexation Project 08/20/24 Printed 4318 BRENT SLAMA 7,020.00 50736 Internet Service - #170001001 08/20/24 Printed 2673 SPECTRUM 513.93 50737 Office Supplies 08/20/24 Printed 4361 STAPLES, INC. 646.01 T & T PAVEMENT MARKINGS 6,706.62
AND
50738 Street Paint 08/20/24 Printed 3455
50739 Zoom Meetings 08/20/24 Printed 3880 THE MAYNARD GROUP 284.49 TRANS UNION RISK AND 110.00

ALTERNATI
50740 TLO 08/20/24 Printed 3175
50741 Tonage Fees 08/20/24 Printed 27 TRI - CITIES DISPOSAL 1,515.35 50742 Water Dept 08/20/24 Printed 3718 TRINI'S PLUMBING 1,674.62 50743 Various Charges - 4866-9100-0315-7356 08/20/24 Printed 3577 U.S. BANK 531.19 VALLEY SAW & GARDEN 185.04

EQUIPMENT
50744 Equipment Repair 08/20/24 Printed 174
50745 Repair City Hall AC 08/20/24 Printed 4374 ISAIAH ALTIE VELASQUEZ 600.00 50746 2024 Youth Flag Football Referee 08/20/24 Printed 4465 ABEL VILLEGAS 250.00 50747 Supplies 08/20/24 Printed 99 VOSTI'S, INC. 1,225.47 50748 FSA Fees 08/20/24 Printed 2919 WAGEWORKS 50.00
ALLIANT INSURANCE 445.00

SERVICES
50749 Insurance - Equip Floater 7/1/23 - 7/1/24 08/22/24 Printed 3045 50750 08/22/24 Printed 2396 MANDEGO APPAREL 356.30
50751 Check Stock 08/30/24 Printed 4466 A-7 AUSTIN LLC 485.15 ABAG PUBLICLY OWNED 2,118.05
ENERGY
50752 Levelized Nat Gas Charges. 08/30/24 Printed 256
AIR TECHNOLOGY 3,413.00

SOLUTIONS LLC
50753 Fire Dept 08/30/24 Printed 3305
50754 Fire Monitoring for PD 08/30/24 Printed 2 ALL - SAFE ALARMS 610.00 ALVAREZ TECHNOLOGY 1,720.70
GROUP INC.
50755 Computer Lease Pmt 08/30/24 Printed 2180
50756 Supplies 08/30/24 Printed 137 AMERICAN SUPPLY CO. 499.72 50757 Corp Yard - 308309956 08/30/24 Printed 2830 AT&T 95.59 50758 5 Pc Extractor Set 08/30/24 Printed 3168 AUTOZONE INC. 29.35 50759 Leadership Development 08/30/24 Printed 3073 C4 CONSULTING 14,000.00 50760 Supplies 08/30/24 Printed 1821 CSK AUTO, INC. 211.17 50761 Maint & Repairs 08/30/24 Printed 3028 D & J TIRE SERVICE 116.00 DE LAGE LANDEN PUBLIC 24,855.33

FINANCE
50762 Solar #1 Pmt Contract #25162352 08/30/24 Printed 2895 50763 Livescan 08/30/24 Printed 1410 DEPARTMENT OF JUSTICE 475.00 50764 IW System Design 08/30/24 Printed 3752 DUDEK 19,710.00 50765 Supplies 08/30/24 Printed 197 FARMERS FOOD MARKET 178.36 FIRST-CITIZENS BANK & 317.04

TRUST CO
50766 Maintenance 08/30/24 Printed 4447
50767 Out of Pocket - Fuel for Training 08/30/24 Printed 4460 JASMIN GARCIA 79.25 50768 Lunch for PW Interns 08/30/24 Printed 4393 MARISOL GOMEZ 76.12 GONZALES ACE HARDWARE 162.39
INC.
50769 Black Out Crosswalk 08/30/24 Printed 3274
50770 Copy Machine 08/30/24 Printed 4071 GREAT AMERICA FINANCIAL 1,844.58 GREEN VALLEY FARM 58.68
SUPPLY
50771 Boots 08/30/24 Printed 1319
50772 July 2024 - Finance Services 08/30/24 Printed 1744 GREEN'S ACCOUNTING 8,515.60 50773 Community Center 08/30/24 Printed 4381 JOHN F. OTTO, INC. 1,175,375.08 50774 Large Yellow Coat - FD 08/30/24 Printed 204 LN CURTIS & SONS 499.00 MANUEL PEREA TRUCKING, 7,598.25
INC.
50775 R&R Bearings and Hub Spool Spacers. 08/30/24 Printed 3395 50776 Work Boots 08/30/24 Printed 3241 DAVID MARTINEZ 185.62 50777 Travel - Leda Socal 2024 08/30/24 Printed 1965 SANTIAGO MELGOZA 370.00 50778 City Hall Mats 08/30/24 Printed 72 MISSION UNIFORM SERVICE 865.86 MONTEREY COUNTY HEALTH 2,000.00
DEPT.
50779 Retainer Fee 08/30/24 Printed 830
MUNICIPAL EMERGENCY 433.22

SERVICES
50780 Uniforms 08/30/24 Printed 4376
50781 Canal Clean Up 08/30/24 Printed 3320 MVM EARTHWORK & PAVING 8,300.00 50782 IW Funding Support 08/30/24 Printed 3247 NHA ADVISORS LLC 5,937.50 Packet Pg. 11
Attachment: Warrants #50687-50807 (3104 : Approve City Accounts Payble Warrants #50687-50807) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 3
Time: 8:20 am
Date: 09/03/2024
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
50783 Utilities - #0000603794-9 08/30/24 Printed 91 P. G. & E. 34,514.86 PRO-WEST & ASSOCIATES, 4,999.00
INC.
50784 GIS Support 08/30/24 Printed 4413
PUBLIC AGENCY 506.71

RETIREMENT
50785 PARS Admin Fees 08/30/24 Printed 3194
SALINAS VALLEY SOLID 39,121.72
WASTE
50786 Tonage Fees 08/30/24 Printed 258
50787 Diesel Fuel ACCT# 0045874 08/30/24 Printed 2685 SC FUELS 384.52 SCHAAF & WHEELER, 2,837.50

CONSULTING
50788 Engineering Support 08/30/24 Printed 3894
50789 Monthly Landscape - August 08/30/24 Printed 2449 SMITH & ENRIGHT 6,893.25 50790 Internet #170000701 08/30/24 Printed 2673 SPECTRUM 1,199.00 50791 Monthly Charges - #963044810 08/30/24 Printed 3670 T-MOBILE 986.35 THE SPCA OF MONTEREY 3,675.00
COUNTY
50792 July 2024 08/30/24 Printed 1890
50793 System Conversion 08/30/24 Printed 2192 TYLER TECHNOLOGIES, INC. 260.00 50794 Various Charges - 08/30/24 Printed 3577 U.S. BANK 5,881.90 #4866-8100-0315-7380
50795 Various Charges - 08/30/24 Printed 3577 U.S. BANK 3,550.70 #4866-9100-0387-0495
50796 Various Charges - 08/30/24 Printed 3577 U.S. BANK 1,503.07 #4866-9110-0011-5140
50797 Various Charges - 08/30/24 Printed 3577 U.S. BANK 5,293.67 #4866-9110-0006-4009
50798 Various Charges - 08/30/24 Printed 3577 U.S. BANK 2,165.90 #4866-9100-0315-7356
50799 Various Charges - 08/30/24 Printed 3577 U.S. BANK 208.40 #4866-9100-1523-3302
50800 Body Control Mod 08/30/24 Printed 99 VOSTI'S, INC. 3,949.48 50801 Compliance Fee 08/30/24 Printed 2919 WAGEWORKS 100.00 ABAG PUBLICLY OWNED 1,970.04
ENERGY
50802 Levelized Nat Gas Charges 08/30/24 Printed 256
50803 Gym Use - 000042 May 2024 08/30/24 Printed 1109 GONZALES UNIFIED SCHOOL 1,918.78 50804 June 2024 - Finance Services 08/30/24 Printed 1744 GREEN'S ACCOUNTING 12,592.00 50805 Testing 08/30/24 Printed 3763 MONTEREY BAY ANALYTICAL 344.00 50806 Testing - 6/4 - 6/18/24 08/30/24 Printed 245 MONTEREY COUNTY HEALTH 3,567.50 50807 EV Charger Design 08/30/24 Printed 4166 SAGE RENEWABLE ENERGY 12,210.00 Total Checks: 121 Checks Total (excluding void checks): 1,634,441.31 Total Payments: 121 Bank Total (excluding void checks): 1,634,441.31 Total Payments: 121 Grand Total (excluding void checks): 1,634,441.31 Packet Pg. 12
Attachment: Warrants #50687-50807 (3104 : Approve City Accounts Payble Warrants #50687-50807) 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 As the new school year gears up, we continue to ask students, parents, and the community to be mindful of the activity going on in front of the construction site. There are quite a bit of students who still want to use that side as their preferred sidewalk, and that is not recommended at this time as there are open trenches and large trucks coming in and out of there. The sidewalk is closed off for your safety. Please adhere to the signs and those conducting traffic control in that area. To view the daily progress of the Center, visit the link below. https://share.earthcam.net/GonzalesCommunityCenter.

Economic Development and Revenue Generation
• The City Council has decided to place Measure S on the ballot this November. The Measure would help generate funding for unfunded programs and services like Fire, youth and adult programming, road and street maintenance and repairs, and City parks. 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 have also decided to put similar tax measures on the ballot for their unfunded projects. For more information on Measure S, please visit the City’s website. • The Gonzales Planning Commission approved an electronic billboard sign that is set to go up near Highway 101 on September 9th. It will be going to the City Council for consideration at their October 7th meeting. The sign would be on a City owned parcel resulting in a bit of unrestricted revenue coming in for the use of the land. • On August 20th, the Rianda Cooler project was finally annexed into the City limits. The City’s first annexation since 2006! This annexation brings in 44.8 acres of a 103.54-acre parcel into the City limits. The facility will consist of 343,800 square feet. Approximately 210,000 square feet will be used for raw product cold storage and processing lines where the produce will be cleaned, sized, packaged and shipped, as well as approximately 33,800 square feet of office administration space and miscellaneous mechanical and storage rooms and shop areas. It will bring in 430 new jobs and contribute $75,000 in tax revenues once completed.

City of Gonzales
City Manager Report
August 2024
Packet Pg. 13
Attachment: City Manager's Report - August 2024 (3102 : City Manager's Report - August 2024) AGENDA
ITEM
9 Housing
• The Visita Lucia Housing project continues to advance. Negotiations are ongoing with the developer, and LAFCO application components are being put together to seek annexation. • Three ADUs are in process.

Wastewater Treatment Plant Expansion and Rehabilitation • On September 3rd, the City Council awarded a construction contract to Sierra Construction and Excavation, Inc. to start the construction of the industrial wastewater pipeline. The Wastewater Treatment Plant project will be delivered in 3 Phases. Phase 1 includes: 1) The construction of the industrial wastewater pipeline along Fermin Lane and to the Business Park; 2) The construction of the industrial wastewater treatment facility; and 3) Once the facility is under construction, a contract to rehabilitate the existing 21-inch sewer main that was constructed back in 1981.

Community Engagement
• The City Council has declared September as Community Beautification Month! Here are some ideas of what you can do to beautify the community: clean after your pet, plant or clean up your garden, maintain your property, and get rid of old junk that is hanging around your residence. We can all contribute to making our community a beautiful, clean and healthy one.

Save the Date for the upcoming events:
• Fall Festival is scheduled for Saturday, October 26th from 4:00pm -7:00pm on Fourth Street. • Community-Wide Garage Sale is shceduled for October 12th and 13th. • Tri-Cities Cleanup Event is scheduled for October 19th from 8:00am – 1:00pm at Fairview Middle School.

Packet Pg. 14
Attachment: City Manager's Report - August 2024 (3102 : City Manager's Report - August 2024) City of Gonzales

CITY MANAGER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: September 16, 2024
FROM: Carmen Gil, City Manager
SUBJECT: Community Engagement & Recreation Departments Activity Report Current Activities
Kid Power
• We got a visit from Salinas Valley Recycles; they brought worms and talked about what to recycle and how to keep our environment clean. The second week we had the Fire Department visit and they taught the kids about the importance of “Stop, Drop, and Roll” they also taught them about fire safety, smoke alarms and made sure that the kids memorized their address. We had a Mad Science Week where we did a whole bunch of science activities, and we even made homemade ice cream. The last week of camp, we received a visit from Public Works, and they taught the kids about what they do to keep their water clean and the proper way to dispose of grease.
• The Kid Power Team took the first week of August to clean up and start getting ready for Kid Power Afterschool Program.

AGENDA
ITEM
10 Packet Pg. 15
• The After-School Program began the second week of August, and the kids have enjoyed it so far.

We make sure our kids get help with homework and reading, but Kid Power also doesn't forget to have fun; we've had crafts, games and they are also swimming every Thursday during August and all through September. We're still working on getting more kids into the program.

City Sports League
• Gonzales youth soccer league registration went very well. We had a total of 129 participants registered in the month of August. Total registered participants are 180. We will have 17 teams amongst our 5 divisions. We have 12 coaches so far. The skills assessments went well. Games are scheduled to start September 13th and 14th.
• Adult co-ed volleyball registration has begun. Registration began August 9 th
. Our season will start
at the beginning of November. We’re hoping to have three divisions in the adult league. The league will run from November 4th to December 19th.

Gonzales Youth Council
• The GYC Commissioners concluded their Summer Fellowship on Tuesday, August 6th by participating in National Night Out. The Commissioners hosted a table and promoted the Gonzales Youth Council to parents and students.
• The GYC Commissioners have prepared a plan for recruitment which involves visiting different classrooms at Fairview Middle School and the High School. Their hope is that these short presentations will allow them to engage with students on a more personal level rather than hosting an assembly. This year, their goal is to ensure their members are a mix of 8th - 12th grade. • The GYC application went live on Friday, August 2nd and will be closing on Monday, September 2 nd, they are scheduled to conduct interviews September 11th through September 13th .

Packet Pg. 16
• They are currently scheduled to host their orientation on Saturday, September 21 and kick off their first GYC Meeting on Thursday September 26th.

Recreation/Community Engagement
• The Recreation Department participated in National Night Out and handed out packets that included all the activities we are currently offering including Kid Power Afterschool Program, Movies at the Community Pool, and Senior Activities for the month of August. • Ventura Circus hosted a circus for the first time in Gonzales from August 15th - August 19th. • We continue to partner with Alliance on Aging, the Monterey County Health Department, the Gonzales Adult School, and Taylor Farms Health and Wellness Center to host Senior Art and Cooking Classes.

Aquatics
• The Movie Nights at the Pool have been a success and as a result they will be extended through the end of September. For the month of August, we showed the following Movies: Luca, Home, and Super Mario Bros.
• Currently, the only activities being offered at the community pool include Water Aerobics, Movie Nights, and Pool Parties.

Activities in the Planning Phase
• There was a Special Event Application submitted on behalf of Salinas Valley Health for Saturday October 12th. The event is scheduled to take place at Central Park, and they will be promoting several health-related activities including Zumba, Cancer Resource Center, Flu Clinic, Maternity Resource Clinic, and much more!
• The Recreation Department has begun planning for our October activities which includes our Halloween Movie Night and our Fall Festival.

Packet Pg. 17
• This year, our Halloween Movie Night will be held on Saturday, October 19th, we have decided to show the movie Monsters Inc.
• Our Fall Festival will take place on 4th St. on Saturday, October 26th from 4PM-7PM and will include a Trunk or Treat Contest, Vendors, Face Painting and Games for Children.

Packet Pg. 18
City of Gonzales

COMMUNITY DEVELOPMENT DEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: September 16, 2024
FROM: Taven Kinison Brown, Community Development Director THROUGH: Carmen Gil, City Manager
SUBJECT: Community Development Department Activity Report - August 2024

ECONOMIC DEVELOPMENT
Freeway Sign. On Wednesday, September 4, 2024, the Planning Commission reviewed and approved the Use Permit for the Freeway Oriented Electronic Reader Board, now approved for placement on the City’s 6-acre parcel adjacent to Highway 101, in the visual landscape of the Constellation Winery and the backdrop of the valley and Santa Lucia mountain range. (The Lease Agreement will be going to the City Council for approval shortly).

Monterey County Business Council, South County Round Table.

Staff continues to meet and collaborate once a month with our fellow cities of the Salinas Valley to seek opportunities to expand and support commercial services and industries and to further the creation of new housing. Presently, the group is reviewing a draft market study prepared by Kosmont Group and determining best strategies for our individual cities and the population of the Salinas Valley as a collective power to enhance and strengthen our retail and service sectors.

Community Development Block Grant (CDBG) (Urban County Entitlement). (See the staff report under separate cover this evening.) In 2025, the Monterey County Board of Supervisors will consider adopting a new Consolidated Plan for the Urban County. The City of Gonzales has been invited to work with the County on drafting the Consolidated Plan and developing a funding allocation plan. The City of Gonzales is opting to continue with the County as a Participating Jurisdiction (PD) and CDBG Urban County. Over AGENDA
ITEM
11 Packet Pg. 19
the next 3 years the County expects to divide $6 million in CDBG funding and $3 million in HOME funding between the City and County.

HOUSING
Vista Lucia Specific Plan. Getting closer to the finish line on City review and coming project consideration by the City Planning Commission and City Council, staff is meeting and conferring daily on the last two remaining project documents: the Affordable Housing Agreement (AHA) and the Development Agreement (DA).

City staff met with the Pembrook Development Group on Wednesday September 5, 2024, to advance the Affordable Housing Agreement. Additional information is being exchanged and another draft will be presented in a group exercise to assure that the document represents the best interests of the City, Pembrook and the community. Additional meetings are scheduled for September. Staff hopes to share a calendar soon that will include a joint PC/CC Workshop, a Planning Commission public hearing and then the City Council public hearing. Following City Council action, the LAFCo application will be made.

A copy of the Vista Lucia Specific Plan EIR is available on the City of Gonzales website (https://gonzalesca.gov/services/community-development/development-activity-projects) under the Vista Lucia Project section.

Outreach. The City continues to add names and groups such as the Gonzales Rotary to the “Interested in Housing” list for our citizens (139 persons as of August 27, 2024). People on the list will be included in new meeting notifications and other outreach efforts regarding new housing in the City. People on the list will be notified of the coming Vista Lucia Specific Plan PC/CC workshop, Planning Commission public hearing and City Council public hearing. And when the LAFCo Commission brings the City’s Annexation proposal to public hearing, we will draw from the outreach list once again to invite public participation in these matters.

Housing Element. The City is responding to questions from HCD Housing and Community Development upon our first draft submittal. In late July, the City was presented with added resources to complete this task by offering and paying for new consultant efforts to further the 6th Cycle and respond to the State’s first round of comments and requirements of the City.

Senior Housing Proposal on S. Alta. The City has asked for more attention to this project from CHISPA, and we have now received reassurance from the Director that they will be re-engaging the project and have a progress response to us week ending 9/13.

CODE ENFORCEMENT
The City continues to meet with property owners, inspect potential violations and start documentation to progress to remedies. The City is engaging homeowners regarding dead trees that present potential falling and fire hazards, makeshift structures and tarp coverings in back yards that may not meet building and safety codes as well as coordinating with Gonzales PD on nonoperational vehicles stored/sitting on private property.

BUILDING DIVISION ACTIVITY
From August 1, 2024, to August 31, 2024 (31 reporting days), the City issued seven permits from the Building Division for roof repairs, code enforcement demolition and repairs in an apartment, and fire alarm and sprinkler permitting for the Community Center project under construction. The estimated value of all improvements was $165,061.

Packet Pg. 20

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

FIRE DEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: September 16, 2024
FROM: Jason Muscio, Fire Chief
THROUGH: Carmen Gil, City Manager
SUBJECT: Fire Department Activity Report

RESPONSES
There were 66 calls for service during the month of August, bringing the total number of calls for this calendar year to 554. Calls included 1 structure fire, 1 vegetation fire, 44 EMS calls, 3 hazardous materials incidents, 8 service calls and 9 false alarms. The structure fire was a cooking fire on a stovetop and was limited to the stove resulting in very little damage, the vegetation fire occurred in the slough adjacent to Brusa Field and was caused by fireworks. The Fire Department responded to mutual aid calls from our partners twice during the month.

STAFFING
All full-time positions are filled, and we have 1 active volunteer firefighter. In early September a promotional exam to permanently fill the Captain’s position will be conducted, all three of our firefighters will be participating in the examination.

TRAINING
Training for the month consisted of engine company evolutions, ladder exercises, and Incident command training. Quarterly training with our automatic aid partners is being developed for the month of October.

EQUIPMENT
Engine 8112 was briefly out of service due to an accident and is now awaiting repairs to the running board and hose tray. Engine 8111 received a full service by the city mechanic and is awaiting a few replacement filters. A tire repair was needed for the Chief’s vehicle after running over accident debris on the highway. 8141 and 8151 are in service without need of repair.

AGENDA
ITEM
12 Packet Pg. 22

PREVENTION
Regular business and residential rental inspections were conducted as needed.

GRANTS
We are currently waiting for a determination on three grant applications, we expect to know the outcome of all three by September 30.

Packet Pg. 23
City of Gonzales

POLICE DEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: September 16, 2024
FROM: Keith Wise, Chief of Police
THROUGH: Carmen Gil, City Manager
SUBJECT: August 2024 Police Activity Report
Crime and Arrests
The Gonzales Police Department investigated 13 Part I Crimes (Homicide, Robbery, Theft, Burglary, Rape, Assault and Motor Vehicle Theft) during the month of August 2024. During the same time last year, there were 6 Part I Crimes investigated.

During the month of August 2024, Officers made 22 arrests. During the same time last year, there were a total of 13 arrests.

During the Month of August 2024, the department initiated 19 Abandoned Vehicle Abatement (AVA) cases. 18 violations were self-abated by the registered owners upon notification of the Municipal Code Violation. 1 violation is currently active.

Calls for Service
The Department responded to 606 calls for service in August 2024. There were 68 crimes, accident, and information reports taken during the month.

Animal Control
During the month of August 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 1 1 0 0 0
Dogs 0 0 0 0 4 1
Total = 0 1 1 0 4 1
AGENDA
ITEM
13 Packet Pg. 24

Significant Cases
Although the Police Department responded to 606 calls for service during the month of August 2024, the most significant cases involved 13 Part I crimes. 0- Homicide 0 - Rape, 0 - Robbery, 10 - Assault, 0 - Burglary, 3 - Larcenies, and 0 -Stolen Motor Vehicle Thefts.

Training
The Department continues to conduct in-house training.

Department Sworn staff attended a Sexual Assault Response Team Protocol training at the Police Department on August 22, 2024, and August 26, 20204.

Community Service Officer (CSO) Jasmin Garcia attended a 40 hour CSO training course August 19, 2024 – August 23, 2024 in Lompoc, Ca.

Other
The Police Department hosted the annual National Night Out event on August 6, 2024 in the 100 block of Fourth Street. This event is an effort to strengthen the Police / Community partnership, build connections within the community and share awareness information with neighbors.

Packet Pg. 25
City of Gonzales

PUBLIC WORKS / CITY ENGINEER DEPARTMENT

ACTIVITY REPORT
TO:

DATE:

FROM:

Honorable Mayor Rios and City Council
September 16, 2024
Patrick Dobbins, Public Works Director
THROUGH: Carmen Gil, City Manager
SUBJECT: Public Works/City Engineer Department Activity Report

BUILDINGS
Community Center Complex Project – Main efforts over last two months have been installation of the underground utilities and preparing for placement of the building foundation. The concrete slab for the building foundation was poured on 8/30/2024. Staff presented a progress report at the 7/22/2024 Council meeting and will provide an update at the 9/16/2024 Council meeting.

WASTEWATER

1. Industrial Wastewater (IW) System – The IW Pipeline Contract was issued for public bid on 6/27/2024 and staff opened five bids on 8/06/2024. Staff presented a report at the 9/03/2024 Council meeting recommending award of construction to Sierra Construction & Excavation. Staff and the City Attorney are finalizing the form of agreement. Staff and a real estate appraiser presented the temporary and permanent easements needed for the pipeline contract to the various property owners.

2. WWTP – Regional Board staff visited the WWTP on 8/22/2024. City staff provided the Regional Board staff with updates on the operations and maintenance efforts of the WWTP and our progress on constructing the IW System.

ROADS

1. Monterey Salinas Transit Circulator – Over the last three years, MST staff coordinated with City staff to replace the Dial-a-Ride Service with a fixed route bus service in Gonzales. MST staff issued the project for bid and Don Chapin Company was the low bidder. A Preconstruction meeting was held on 7/30/2024 and construction is expected to begin on 9/12/2024.

AGENDA
ITEM
14 Packet Pg. 26

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

OTHER PROJECTS

1. Stormwater Permit – Maris Sidenstecker of Save The Whales prepared the attached report on the City’s Stormwater Public Education and Outreach efforts for FY2023/24.

2. GIS – City staff continues to work on a GIS mapping system by inputting field data for water, sewer and storm drainage systems. Staff hold monthly meetings with ProWest (GIS consultant). Current mapping efforts include assessing sidewalks to map uplifted or missing sidewalk panels and performing a street sign inspection.

PUBLIC WORKS OPERATIONS AND MAINTENANCE

WASTEWATER
Staff perform testing and daily inspections of the influent and effluent at the wastewater treatment plant.

Staff have been discing the weeds at the existing and new treatment plant property. Staff perform maintenance at the lift stations.

On 8/14/2024 Percolation Pond A at the WTTP spilled approximately 1,000 gallons of treated wastewater. Staff responded immediately and observed the berm which was leaking due to squirrel holes.

The spill was on City property and has been repaired.

WATER
Staff continue to perform testing for chlorine residual daily, and maintenance on the water system. Staff repairs chlorine leaks and perform maintenance on the wells. Staff continue to actively map the water and sewer system for GIS.

There was a main leak at St. Theodores Church. Staff performed a shutdown, for West Valley Construction for the repair.

Packet Pg. 27
West Valley is performing a main repair.

Staff attempted to get a shut down on Belden Street to repair the leak at 224 Belden. Staff were unable to get a shut down, West valley was able to patch the leak, but a total shutdown is needed to completely repair the leak.

Jimmy and Intern Juan trying to get a shut down on Belden Street.

Staff performed repairs on several meter leaks.

Packet Pg. 28
Roverto repairing a water meter leak at residence

STORM WATER
Staff continue to clean and maintain the bioswales along Center Street. In preparation for winter, staff began annual maintenance of the stormwater perc ponds and outfalls.

PARKS
Staff mows parks regularly. Staff cleans restrooms, cleans trash, and makes repairs in parks regularly.

Staff repair and maintain irrigation in Central and Centennial Park.

Cadre was present at the Community Garden to prep for the pollinator garden. City Staff supported Cadre by providing compost and mulch.

Cadre working in the Community Garden.

GOVERNMENT BUILDING
Staff continue to maintain all City owned buildings. Staff clean the Vosti Center restrooms daily. Staff clean the Council Chambers weekly. Staff replaced flagpole ropes at Central Park.

Packet Pg. 29

STREETS
Staff continue to fill potholes. Staff continue to paint street markings including red zones. Staff took out the crosswalk on Fifth Street by painting over it.

EVENTS
Staff prepared the street closures and preparations for the National Night Out held along Fourth Street.

Staff also prepared for the Circus at Centennial Park and repaired several irrigation breaks.

TRAINING
Staff continue to train for various OSHA compliance and skills in Public Works. City Staff will host Confined Space training on 9/18/24.

Attachments:

1. Annual Report PEPO Gonzales FY2023/2024
Packet Pg. 30
Public Education and Participation Program Information
Annual Report Year 11 (2023-2024)
Gonzales Stormwater Permit
Students learn how trash can enter storm drains and how they can make a difference! Report Prepared By:

Maris Sidenstecker
Executive Director
Save The Whales
www.savethewhales.org
P: 831-899-9957
Packet Pg. 31
Attachment: Annual Report PEPO Gonzales FY2023/2024 (3097 : Public Works/City Engineer Department Activity Report) 2 Save The Whales Annual Report for Gonzales Year 11 (2023-2024) The annual report covers the Public Education and Outreach Program activities for July 1, 2023 through June 30, 2024 (Year 11). This report provides information on the measurable goals for each program activity, whether the measurable goal was met, and activity effectiveness if applicable.

School Outreach
Grades K-3
E.7.a, E.7.a.ii.j.1, E.7.a.ii.d
Save The Whales (STW) compiled teacher packets with materials in English and Spanish for grades 1-3. STW distributed them to teachers at La Gloria Elementary School.

Grades 3-6
E.7.a.ii.j.2, E.&.a.ii.d, E.7.a.ii.b
The programs provided by STW help fulfill the California Schools Science Content and the new Ocean Literacy Principles that represent an ocean-oriented approach to teaching Science Standards. “Ocean literacy is an understanding of the ocean's influence on you - and your influence on the ocean.”
This year, STW presented 12 programs to 252 students, with the interactive and handson watershed model. The programs focused on storm drain pollution and how to prevent it. Qualified instructors from STW, made each program an interactive and inspiring educational experience for the students.

Following the program, the students did a litter pickup of their school campus and collected trash. They learned about the different types of trash items and how much of the litter is recyclable and what will go to the landfill.

Students were asked what they can do with their families to reduce the use of plastic, and how to recycle at home. We emphasized what actions students can take to prevent pollutants from entering storm drains and asked them to help educate others.

Teachers
E.7.a.ii.j.4,E.7.a.ii.f, E.7.a.ii.d
Teachers were asked to distribute and collect student pre-and post-survey responses to gauge effectiveness of the hands-on presentations. The results are tabulated below.

Packet Pg. 32
Attachment: Annual Report PEPO Gonzales FY2023/2024 (3097 : Public Works/City Engineer Department Activity Report) 3 2023-2024 Evaluation of Student Pre- and Post-Survey Results School Name
Total of 219
Student Surveys
PreSurvey
Before
Visit 1
Correct
Answers
(Points)
PreSurvey
% of
Correct
Responses
PostSurvey
After
Visit 1
Correct
Answers
(Points)
PostSurvey
% of
Correct
Responses
Grade 2: (6 classes)
La Gloria School
(117 students, 1,521 possible
points)
958 62.9% 1,123 73.8%
Grade 4: (4 classes)
La Gloria School
(102 students, 1,326 possible
points)
1,006 75.8% 1,148 86.5%
TOTAL Points Possible: 2,847 1,964 68.9% 2,271 79.7% The results from the students that completed both a pre-survey (prior to the classroom visit) and a post-survey (after 1 classroom visit) were evaluated. Student surveys were requested from all classes, 132 students from La Gloria School in grade 2, and 120 students from the same school in grade 4. Of the 252 students, 219 students returned the pre-and post-surveys. Each pre-survey was matched with the appropriate post-survey in order to provide accurate responses. There was a 10.8% increase in correct student responses after 1 school visit.

Studies have shown that hands-on learning increases learning retention among students and is a valuable teaching method. The hands-on presentations reach people beyond the classroom. Students often take information home and share it with friends and family members reaching an untold number of people with conservation messages.

Middle-High School
E.7.a.ii.j.3, E.7.a.ii.c, E.7.a.ii.d
Classrooms in these grade levels did not respond to our requests to provide programs.

We used the funds to offer more programs to the lower grade levels.

Our Water Our World
E.7.a.ii.c, E.7.a.ii.d, E.7.a.ii.f, E.7.a.ii.h, E.7.a.ii.i Educate the public about this statewide program with bilingual flyers that offers nontoxic and less-toxic alternatives to pesticides for residential use. Distributed Our Water Our World materials at public events.

Packet Pg. 33
Attachment: Annual Report PEPO Gonzales FY2023/2024 (3097 : Public Works/City Engineer Department Activity Report) 4 Media Outreach: Radio Ads (English and Spanish)
E.7.a.ii.c, E.7.a.ii.d
A total of 168 radio and streaming ads aired on storm drain pollution prevention on radio stations in English and Spanish languages. A total of 60 ads aired on KHIP (English station) and 48 ads on La Tricolor (Spanish stations). In addition, 60 Audio Streaming ads aired.

Print Ads
E.7.a.ii.d, E.7.a.ii.h
Color print ads ran in the Salinas Valley Tribune newspaper. One ad ran in April, 2024 as part of the Earth Day edition. One more ad ran in June, 2024. The ads were about reducing trash and preventing stormwater pollution and asking residents to participate.

Residential and Community Outreach
E.7.ii.a, E.7.ii.c, E.7.ii.d, E.7.ii.f, E.7.ii.g, E.7.ii.h, E.7.ii.i, E.7.ii.k, E.7.ii.l 5/23/24 Garden Day walking field trip with 121 students from La Gloria School in grade 2. They participated in seed planting, a butterfly craft art project, and a scavenger hunt in the NEW community garden (see below photo) to learn about pollinators. 12/2/23 Gonzales Library Program with the interactive watershed model and bilingual materials, reached 10 members of the community.

Packet Pg. 34
Attachment: Annual Report PEPO Gonzales FY2023/2024 (3097 : Public Works/City Engineer Department Activity Report) 5 Students from La Gloria School made butterfly art for the NEW community garden.

Events
E.7.a.ii.e, E.7.a.ii.g
6/27/24 Cleanup Day where we collected intercept surveys from the public and educated residents about stormwater pollution prevention with bilingual materials. 10/13/23 Cleanup Day-where we collected intercept surveys from the public and educated residents about stormwater pollution prevention. Assisted with sorting recyclable items. Educational bilingual bookmarkers were distributed.

Packet Pg. 35
Attachment: Annual Report PEPO Gonzales FY2023/2024 (3097 : Public Works/City Engineer Department Activity Report) 6 Save The Whales team with our CSUMB college students helped with Gonzales Cleanup Days! Litter Cleanups or Event
E.8.ii.c
Community members participated in the Garden Day!
3/9/24 Garden Day in the NEW community garden with partners, residents, and the City of Gonzales. We donated staff and volunteers to assist with the inception of the garden and provided a butterfly crafting table for families, and painting garden rocks.

Under grant funding from NOAA B-WET, we were able to provide permanent gopher hardwire and two outdoor garden sheds for the garden.

Packet Pg. 36
Attachment: Annual Report PEPO Gonzales FY2023/2024 (3097 : Public Works/City Engineer Department Activity Report) 7 6/25/24 Gonzales Summer Camp for La Gloria students at the NEW community garden! Activities included seed potting, the hands-on watershed model (below photo), and a litter cleanup. We reached 67 students in grades K-5.

Gonzales Summer Camp students learned about storm drain pollution with the hands-on watershed model, followed by a litter cleanup around the school

Restaurant Outreach
E.7.a.ii.c, E.7.a.ii.d, E.7.a.ii.f, E.7.a.ii.h
STW was able to reach out to 19 restaurants and distribute posters and bilingual materials about proper Best Management Practices.

Packet Pg. 37
Attachment: Annual Report PEPO Gonzales FY2023/2024 (3097 : Public Works/City Engineer Department Activity Report) 8 Restaurant Outreach June 29, 2024
Name/Address of Restaurant Poster
Accepted
Materials
Received By
Valley Donuts
851 5th G St.
yes Linda
Linda Taqueria
851 5th St.F yes Jaylin
Subway
851-Z Fifth St. yes Victoria
McDonald’s
805 5th St. yes Alexandra
Little Caesar
851 5th St. STE M
yes Jasmin
Canton Garden
851 5th St. yes Mindy
Chilloko
146 S Alta St. yes Alia
La Enchilada Restaurant
118 S Alta St. yes Alonsa
El Antojito
35 4th St. yes Carmen
Tacos El Siete
800 5th St.
yes Fatima
Linda Taqueria
851 5th St.
yes Beatriz
Mike’s Pizza
320 Alta St.
yes Brenda
Del Valle Paleteria y Neveria
851 5th St.
yes Maria
Tacos Don Elias
31 3rd St.
yes Jose
Luigi’s Restaurant
346 Alta St.
yes Maria
Pacheco Water Store & Ice cream
216 Alta St. yes Deisy
Soto’s Gonzales Nutrition
32 4th St. yes Sagrado
Market Jalisco
47 4th St. yes Yeo Fabiola
Plaza Bakery
33 3rd St. yes Jorge
Packet Pg. 38
Attachment: Annual Report PEPO Gonzales FY2023/2024 (3097 : Public Works/City Engineer Department Activity Report) 9 Educational Materials
E.7.a.ii.c, E.7.a.ii.h, E.7.a.ii.i
The popular bookmarks in English and Spanish were distributed at events and schools.

The NEW Clean Water brochure in English and Spanish on stormwater pollution prevention and proper residential disposal of fats, oils, and grease (FOG) was printed.

The brochure is distributed on city websites, at public works departments, and the community library, and public events.

Packet Pg. 39
Attachment: Annual Report PEPO Gonzales FY2023/2024 (3097 : Public Works/City Engineer Department Activity Report) 10 CBSM Intercept Surveys
E.7.a.ii.b
Analyze public survey responses through Community-Based Social Marketing (CBSM) to determine the effectiveness of the education program and determine behavior change.

Measurable Goal Results:

A total of 194 public intercept survey responses were evaluated. The intercept surveys were obtained from members of the public filling out surveys at community events. The results are tabulated below.

Packet Pg. 40
Attachment: Annual Report PEPO Gonzales FY2023/2024 (3097 : Public Works/City Engineer Department Activity Report) 11 Q1 Where do you wash your car?
Response:

Home 127
Carwash 50
Home or Carwash 14
No car/ Do not wash 3
Total 194
Sex (M/F/No Answer(NA)& Age Range
MALES FEMALES No Answer
10-
54 55-
100
7-
54 55-
100
NA7-
54 55-
100
NA
53 39 23 110100
16 11 1850000
34700000
11100000
Q2 Only rainwater belongs in the storm
drains.

Response:

Yes 134
No 53
Blank 7
Total 194
Sex (M/F/No Answer (NA) & Age Range
MALES FEMALES No Answer
10-
54 55-
100
7-
54 55-
100
NA7-
54 55-
100
NA
48 39 3890000
23 15 1040100
20130000
Packet Pg. 41
Attachment: Annual Report PEPO Gonzales FY2023/2024 (3097 : Public Works/City Engineer Department Activity Report) 12 Q3 Motor oil, household cleaning fluids, or
chemicals poured on the ground or washed
down the street and into storm drains can
pollute the groundwater (drinking water)?
Response:

Yes 166
No 16
Blank 12
Total 194
Sex (M/F/No Answer (NA) & Age Range
MALES FEMALES No Answer
10-
54 55-
100
7-
54 55-
100
NA7-
54 55-
100
NA
66 46 40 130100
37420000
42510000
Q4 A healthy ocean is good for me and my
family.

Response:

Yes 189
No 4
Blank 1
Total 194
Sex (M/F/No Answer (NA) & Age Range
MALES FEMALES No Answer
10-
54 55-
100
7-
54 55-
100
NA7-
54 55-
100
NA
72 53 48 150100
02110000
10000000
Packet Pg. 42
Attachment: Annual Report PEPO Gonzales FY2023/2024 (3097 : Public Works/City Engineer Department Activity Report) 13 Q5 What type of grocery bags do you use?
Response:

Own 94
Paper 20
Plastic 49
Own or Paper8
Own or Plastic 7
Paper or Plastic 8
Any 6
None 2
Total 194
Sex (M/F/No Answer (NA) & Age Range
MALES FEMALES No Answer
10-
54 55-
100
7-
54 55-
100
NA7-
54 55-
100
NA
34 26 2490100
134300000
17 17 1230000
32300000
03310000
41120000
12210000
10100000
Q6 Do you think litter is a problem for
cities?
Response:

Yes 154
No 39
Blank 1
Total 194
Sex (M/F/No Answer (NA) & Age Range
MALES FEMALES No Answer
10-
54 55-
100
7-
54 55-
100
NA7-
54 55-
100
NA
61 38 44 100100
11 17560000
10000000
Packet Pg. 43
Attachment: Annual Report PEPO Gonzales FY2023/2024 (3097 : Public Works/City Engineer Department Activity Report) 14 Q7 Do storm drains (grates in the street)
lead directly to a sewage plant where the
water is cleaned?
Response:

Yes 117
No 76
Blank 1
Total 194
Sex (M/F/ No Answer (NA) & Age Range
MALES FEMALES No Answer
10 -
54 55-
100
7-
54 55-
100
NA 7-
54 55-
100
NA
49 31 30 7 0 0 0 0
24 24 19 8 0 1 0 0
0 0 0 1 0 0 0 0
Evaluation:
• Most people reported that they wash their car at home (65%) with the second most likely place at a car wash (26%).
• Most people reported that only rain belongs in the storm drains (69%). • Most people reported that motor oil, household cleaning fluids, or chemicals poured on the ground or washed down the street and into storm drains can pollute the groundwater (86%).
• Most people reported that a healthy ocean is good for their family and themselves (97%).
• Most people reported that they use their own bag at the grocery store (45%), followed by using plastic (25%) or paper (10%) bags.
• Most people reported that litter is a problem for cities (79%). • Most people reported that storm drains do not lead to a sewage plant where the water is cleaned (60%).

Packet Pg. 44
Attachment: Annual Report PEPO Gonzales FY2023/2024 (3097 : Public Works/City Engineer Department Activity Report) City of Gonzales

COMMUNITY DEVELOPMENT DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: September 16, 2024
FROM: Taven Kinison Brown, Community Development Director THROUGH: Carmen Gil, City Manager
SUBJECT: Resolution No. 2024-57 Approving Joint Powers Agreement (JPA) Cooperative Agreement 2025-2028

RECOMMENDATION
It is recommended that the City Council Adopt Resolution No. 2024-57, A Resolution of the City Council of the City of Gonzales Approving a Joint Exercise of Powers Agreement and Cooperation Agreement with Monterey County and the Cities of Greenfield, Marina and Sand City To Undertake or to assist in the undertaking of essential activities pursuant to Title I of the Housing and Community Development Act of 1974, as amended, for the period of July 1, 2025, through June 30, 2028.

BACKGROUND
The Housing and Community Development Act of 1974 provides a program of Community Development Block Grants (“CDBG”) which includes a program for entitlement grants to cities with a population of 50,000 or more and to counties that qualify as an “Urban County.” The Urban County Program (“Program”) provides annual grants to entitled cities and counties to develop urban communities and to expand economic opportunities. The U.S. Department of Housing and Urban Development (HUD) awards grants to entitlement community grantees to carry out a wide range of economic and community development activities directed towards promoting economic development, revitalizing neighborhoods, and providing improved community facilities and services. Grantees must give maximum feasible priority to activities that benefit low and moderate-income persons.

In 2021, HUD qualified a collaboration of Monterey County and the cities of Gonzales, Sand City and Del Rey Oaks as an “Urban County” for entitlement purposes. A Joint Exercise of Powers Agreement and AGENDA
ITEM
15 Packet Pg. 45
Cooperative Agreement (“JPA”) establishing and facilitating the grant program, with an expiration date of June 30, 2025, was executed by all of the parties. City staff has been working with Darby Marshall, Housing Program Analyst, Monterey County Planning Department, and our collaborative cities to navigate through the JPA.

It is that time in the Community Development Block Grant (CDBG) cycle when the Urban County participants need to renew the JPA and Cooperation Agreement.

REVIEW AND ANALYSIS
This new proposed JPA will include Monterey County and the cities of Gonzales, Greenfield, Marina and Sand City, and will allow the participants to continue to receive CDBG funds as an entitlement community. The City of Del Rey Oaks has dropped their participation in the upcoming cycle, and the City of Marina has come onboard. The attached Agreement is based largely on the previous JPA, but includes a few clarifications from the County of Monterey Housing and Community Development Department.

As an Urban County, the County receives a direct allotment of CDBG funding from HUD. The amount of the grant is determined by a statutory formula that uses several objective measures of community needs including the extent of poverty, population, housing overcrowding, and age of housing. If approved, the annual funding pursuant to the JPA will be distributed as follows through 2028. • A maximum of twenty percent (20%) of the allocation will be retained by the County for general administration.
• Up to fifteen percent (15%) will be set aside for Project Proposals for services. • Up to sixty-five percent (65%) will be utilized for other eligible Project Proposals sponsored by participating cities and the County in the estimated allocations shown (HUD will not confirm the actual amount of funds until after local Urban County status has been reviewed and approved):

Approximate percentage of
funding available
Total CDBG Funding
Period 2025-2028
Gonzales 4.1% $175,566
Greenfield 12.8% $547,299
Marina 10.6% $452,696
Sand City 1.7% $74,076
County of
Monterey 39.6% $1,693,834

68.8% $4,523,471
HUD has requested this Agreement be submitted no later than September 18, 2024. HUD has until September 25, 2024, to review the Agreement and sent the Urban County a letter notifying it of its status for FYs 2025-28.

Explain how the 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.

Packet Pg. 46
Explain: The Agreement will provide a revenue source that will allow the City to continue with this 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.

Explain: The JPA is part of the City’s leadership, commitment, and resources to provide excellent services.

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: See Vision statement above.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing X Yes No N/A
• Recreation X Yes No N/A
• Environment X Yes No N/A
• Education X Yes No N/A
Explain: The JPA Agreement is one avenue to assist the City to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities.

ALTERNATIVES
Alternative – The City Council could direct staff to withdraw from the Urban County participation, yet this would likely jeopardize the other city participant’s relying on this relationship with the County. Our City’s population numbers and demographics are needed to pool with the other “Units of General Local Government (UGLGs) participants to meet federal criteria for the CDBG programs.

BUDGET IMPACT
Approval of this item will allow the City to apply $175,566 (over three fiscal years) into existing budgeted items for a cost savings, or allow us to invest/provide community renewal and lower-income housing assistance services that have gone unfunded in recent years; and apply for other potential pool funding to support housing.

CONCLUSION
Staff recommends that the City Council Adopt Resolution No. 2024-57, A Resolution of the City Council of the City of Gonzales Approving a Joint Exercise of Powers Agreement and Cooperation Agreement with Monterey County and the Cities of Greenfield, Marina and Sand City To Undertake or to assist in the undertaking of essential activities pursuant to Title I of the Housing and Community Development Act of 1974, as amended, for the period of July 1, 2025, through June 30, 2028.

Packet Pg. 47
Attachments:

1. Resolution No. 2024-57

2. Joint Exercise of Powers Agreement (JPA) & Cooperative Agreement Packet Pg. 48
RESOLUTION 2024-57

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES APPROVING

A JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREEMENT

WITH MONTEREY COUNTY AND THE CITIES OF, GREENFIELD, MARINA AND

SAND CITY TO UNDERTAKE OR TO ASSIST IN THE UNDERTAKING OF

ESSENTIAL ACTIVITIES PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, FOR THE PERIOD OF JULY 1, 2025, THROUGH JUNE 30, 2028
WHEREAS, the United States Congress has enacted the Housing and Community Development Act of 1974, as amended (the "Act"); and
WHEREAS, Title I of the Act makes entitlement grants available to cities with a population 50,000 or more persons and to counties that qualify as an Urban County; and WHEREAS, the City of Gonzales is not eligible to apply directly for entitlement funds under the act but may, by entering into a Joint Exercise of Powers Agreement and Cooperation Agreement with the County of Monterey and other cities, qualify the County of Monterey as an Urban County applicant and may thereby receive such funds; and
WHEREAS, the County of Monterey, and cities of Gonzales, Greenfield, Marina, and Sand City wish to enter into an agreement to enable the County of Monterey to apply for and receive entitlement funds as an Urban County and to establish the respective rights and obligations of the contracting parties to such funds.

NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF GONZALES, AS FOLLOWS:

1. The foregoing recitals are true and correct and constitute the City Council’s findings in this matter.

2. That the City Council of the City of Gonzales does hereby authorize the City Manager to enter into a Joint Exercise of Powers Agreement and Cooperation Agreement (Attached hereto as Exhibit A) with the County of Monterey and the cities of Greenfield, Marina and Sand City to undertake or to assist in the undertaking of essential activities pursuant to Title I of the Housing and Community Act of 1974, as amended, for a period of July 1, 2025 through June 30, 2028.

3. That this Agreement is made pursuant to Section 6500 et. seq. of the California Government Code and constitutes an exercise of powers common to both the participating cities and Monterey County, each being empowered to carry out the purposes of the grant in their own jurisdictions. That this Agreement is further made pursuant to the Housing and Community Development Act of 1974, as amended.

4. Based on the aforesaid findings, the City Council adopts Resolution No. 2024-57 and accepts the Joint Exercise of Powers Agreement and Cooperation Agreement with Monterey County and the cities of Greenfield, Marina, and Sand City.

Packet Pg. 49
Attachment: Resolution No. 2024-57 (3094 : Resolution No. 2024-57 Approving Joint Powers Agreement (JPA) Cooperative Agreement 2025- PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 16th of September 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. 50
Attachment: Resolution No. 2024-57 (3094 : Resolution No. 2024-57 Approving Joint Powers Agreement (JPA) Cooperative Agreement 2025- 1 JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION

AGREEMENT TO UNDERTAKE OR TO ASSIST IN THE UNDERTAKING OF

ESSENTIAL ACTIVITIES PURSUANT TO
TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974,

AS AMENDED,
FOR THE PERIOD OF JULY 1, 2025, TO JUNE 30, 2028
This Agreement (“Agreement”) is entered into by and between the County of Monterey (“County”) and the cities of Gonzales, Greenfield, Marina, and Sand City (“Units of General Local Government” hereafter “UGLGs”) relating to essential community development and housing assistance activities funded by the Community Development Block Grant Entitlement program of the U.S. Department of Housing and Urban Development.

RECITALS
WHEREAS, Congress has enacted the Housing and Community Development Act of 1974, as amended (the “Act”); and
WHEREAS, Title I of the Act provides for the Community Development Block Grant (“CDBG”) program; and
WHEREAS, Title I of the Act makes CDBG entitlement grants available to cities with a population of 50,000 or more persons and to counties that qualify as an Urban County; and WHEREAS, County qualified as an Urban County in 2012 and may thereby requalify to receive such funds; and
WHEREAS, the parties hereto wish to enter into this Agreement to enable the County to continue to receive CDBG entitlement funds as an Urban County and to establish the respective rights and obligations of the County and UGLGs to such funds.

WHEREAS, the City and the County agree to “cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities.” NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1) Authorities.
a. This Agreement is made pursuant to Section 6500 et. seq. of the California Government Code and constitutes an exercise of powers common to both UGLGs and County, each being empowered to carry out the purposes of the grant in their own jurisdictions. b. This Agreement is further made pursuant to the Housing and Community Development Act of 1974, as amended.
2) Definitions.

For purposes of simplicity and clearer understanding, some of the definitions below have been shortened or rephrased from those set forth in the Act and Regulations thereunder. In the event of any conflict between the definitions in this Agreement and those set forth in the Act and Regulations, the latter shall govern.
a. “Act”: Title I of the Housing and Community Development Act of 1974, P.L. 93-383, as amended.
b. “Advisory Committee”: The committee representing all jurisdictions participating in the Packet Pg. 51
Attachment: Joint Exercise of Powers Agreement (JPA) & Cooperative Agreement (3094 : Resolution No. 2024-57 Approving Joint Powers 2 County’s Urban County application and comprised of a representative of each jurisdiction. c. “Annual Action Plan”: The annual plan summarizes the activities that will be undertaken in a program year to meet the goals outlined in the Consolidated Plan, how those projects address identified community needs, and assesses overall progress toward meeting the goals of the five-year Urban County Consolidated Plan.
d. “Board of Supervisors”: The County's legislative body which is the legal recipient of the Community Development Block Grant from HUD and is legally responsible for the administration of the Urban County Community Development Block Grant Program in the County of Monterey. e. “CDBG”: Community Development Block Grant, a federal program administered by HUD which provides funding to eligible entitlement cities and Urban Counties to address housing and community development needs of lower income persons.
f. “City”: Any city that is a party to this Agreement.
g. “Consolidated Plan”: The HUD required document to request funding as an Urban County. i. The Consolidated Plan also serves as a guide for HUD in the review of the distribution of resources to communities.
ii. The Consolidated Plan describes the housing and community development conditions and goals to address the needs of lower income persons and identifies actions to be taken by the Urban County to address its housing and community development needs. h. “County”: The County of Monterey.
i. “Grant”: The CDBG funds allocated by HUD to the County of Monterey as the legal recipient of the Community Development Block Grant for the Urban County. j. “Housing and Community Development”: The County department established by the County of Monterey Board of Supervisors to undertake the County's housing and community development programs including assistance in the development of affordable housing for low- and lower-income residents of the County.
k. “HUD”: The United States Department of Housing and Urban Development. l. “Joining Jurisdiction”. The jurisdictions joining the Urban County Consortium, i.e., the cities of Gonzales, Greenfield, Marina, and Sand City and the County of Monterey. m. “Program”: The County of Monterey’s Urban County Community Development Block Grant Program.
n. “Project Proposals”: Requests for an allocation of CDBG funds submitted by eligible applicants to implement specific eligible CDBG activities, including both projects and services, as defined by HUD.
o. “Public Participation Plan”: The plan adopted by the Board of Supervisors of the County which outlines the opportunities and process for citizen input on matters pertaining to planning, monitoring, and evaluation of the Urban County CDBG Program’s projects. p. “Regulations”: The rules and regulations of the U.S. Department of Housing and Urban Development. Particular reference is made to those regulations stated in 24 Code of Federal Regulations Part 570 (containing the general regulations of Community Development Block Grants) and Part 58 (containing the regulations on the Federal Environmental Review Procedures). q. “Units of General Local Government or UGLG”: Collectively, all signatories to this Joint Exercise of Powers Agreement.
r. “Urban County”: A county that is (1) in a metropolitan area; (2) authorized by state law to undertake essential community development and housing assistance activities within its unincorporated areas, and (3) has a total combined population of 200,000 or more (excluding metropolitan cities) from the unincorporated areas and participating incorporated areas; or has a total Packet Pg. 52
Attachment: Joint Exercise of Powers Agreement (JPA) & Cooperative Agreement (3094 : Resolution No. 2024-57 Approving Joint Powers 3 combined population of at least 100,000 but less than 200,000 from the unincorporated areas and participating incorporated areas, provided that, in the aggregate, those areas include the majority of persons of low and moderate income that reside in the county (outside of any metropolitan cities). s. “Urban County Standing Committee”: The committee appointed by the Board of Supervisors to meet and confer about Project Proposals and to make recommendations to the Board regarding the Project Proposals.
t. “Urban County Staff”: Staff persons of the County and cities participating in the Program. 3) Purpose of Agreement.
a. This Agreement is formed to meet the requirements and purposes of the Act and Regulations with respect to the entitlement grant pursuant to Title I of the Act and to establish the respective rights of the parties to such grant.
b. The purpose of this Agreement shall be accomplished in the manner hereinafter set forth. 4) Cooperation Agreement.
a. UGLGs agree to undertake, or assist in undertaking of, essential activities as defined in the Act and Regulations thereunder for the term of this Agreement. i. More specifically, the UGLGs agree to cooperate to undertake, or to assist in undertaking, community renewal and lower-income housing assistance activities. b. The UGLGs will comply with the Urban County’s certification under section 104(b) of Title I of the Housing and Community Development Act of 1974 that the grant will be conducted and administered in conformity with all federal laws and regulations specified in HUD’s Urban County Notice (CPD-24-02) and:
i. Title VI of the Civil Rights Act of 1964 (and the implementing regulations at 24 CFR part 1);
ii. The Fair Housing Act (Title VIII of Civil Rights Act of 1968) and the implementing regulations at 24CFR Part 100, and the duty to affirmatively further fair housing (AFFH); iii. Section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR part 6, which incorporates,

1. Section 504 of the Rehabilitation Act of 1973 and the implementing regulations at 24 CFR part 8;

2. Title II of the Americans with Disabilities Act and the implementing regulations at 28 CFR Part 35.

3. The Age Discrimination Act of 1975 and the implementing regulations at 24 CFR Part 146.

4. Section 3 of the Housing and Urban Development Act of 1968. iv. Other applicable laws.
c. UGLGs and County agree, pursuant to 24 CFR 570.501(b) that cities are subject to the same requirements applicable to subrecipients, including the requirement of a written agreement as set forth in 24 CFR 570.503.
i. Each UGLG understands and agrees that, should it fail to comply with such requirements or with the terms of this Agreement, funds which may be allocated to the offending UGLG during the effective dates of this Agreement may be terminated, or reduced or otherwise limited in accordance with the Act and Regulations.
d. UGLGs may not veto or prevent an approved activity that implements the Urban County’s Packet Pg. 53
Attachment: Joint Exercise of Powers Agreement (JPA) & Cooperative Agreement (3094 : Resolution No. 2024-57 Approving Joint Powers 4 approved Consolidated Plan.
e. This Agreement covers only the County’s designation as an Urban County for the CDBG Program.
i. The County is not seeking Urban County designation for purposes of receiving Emergency Shelter Grant (ESG) or HOME Investment Partnership (HOME) funds. f. All UGLGs participating in this Agreement understand and agree that they may not apply for grants from appropriations under the State CDBG Programs for fiscal years during the period in which they are participating in the Urban County's CDBG Program. g. All UGLGs participating in this Agreement understand and agree that they may receive a formula allocation under the HOME Program only through the Urban County. i. Thus, even if the Urban County does not receive a HOME formula allocation, the participating UGLG cannot form a HOME consortium with other local governments. ii. This does not preclude the Urban County or a UGLG from applying to the State for HOME funds, if the State allows.
h. All UGLGs agree that they may that they could only receive a formula allocation under the ESG Program if the urban county were to pursue such funds, as the county currently is not a formula ESG grantee. UGLGs are not precluded from applying for and receiving state ESG funds in accordance with the California state ESG program.
i. The County will submit the Joint Exercise of Powers Agreement and Cooperation Agreement to the UGLGs for signature by the UGLGs if UGLGs choose to participate in the Urban County Program.
i. If an UGLG decides not to participate in the Urban County program by not signing a Joint Exercise of Powers Agreement and Cooperation Agreement, it shall not be eligible to receive Urban County entitlement CDBG funding for three successive program years commencing on July 1, 2025, and ending June 30, 2028 (Federal Fiscal Years 2025-2027). j. Upon qualifying, the Urban County will remain as such (including its unincorporated areas and the included UGLGs) for a period of three years.
i. That is, during the three-year qualification period, no included UGLGs can be removed from the Urban County. However additional UGLGs can seek to be included in the Urban County during that period.
ii. To assure that included UGLGs remain an effective part of the Urban County for the entire three-year qualification period, this Cooperation Agreement between the Urban County and its included UGLGs covers three successive program years. k. All UGLGs participating in this Agreement understand and agree that this Agreement remains in effect until the CDBG Grant funds and program income received with respect to activities carried out during the three-year qualification period, are expended and the funded activities completed, and that the County and UGLGs may not terminate or withdraw from this Agreement while this Agreement remains in effect.
l. All UGLGs participating in this Agreement have adopted and are enforcing a policy prohibiting the use of excessive force by law enforcement agencies within their own jurisdiction against any individuals engaged in non-violent civil rights demonstrations. m. All UGLGs participating in this Agreement have adopted and are enforcing a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within their jurisdictions.
n. Cities may not sell, trade, or otherwise transfer all or any portion of such funds to another Packet Pg. 54
Attachment: Joint Exercise of Powers Agreement (JPA) & Cooperative Agreement (3094 : Resolution No. 2024-57 Approving Joint Powers 5 such metropolitan city, urban county, UGLG, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits, or non-Federal considerations, but must use such funds for activities eligible under Title I of the Act. o. The Urban County is prohibited from funding any activities in – or in support of – any participating UGLG that impedes the County’s actions to comply with its fair housing certification. 5) Allocation of Funding.
a. As an Urban County, the County receives a direct allotment of CDBG funding from HUD.

The annual funding will be distributed as follows:
i. A maximum of twenty percent (20%) of the allocation will be retained by the County for general administration.
ii. Up to fifteen percent (15%) will be set aside for Project Proposals for services. iii. Up to sixty-five percent (65%) will be utilized for other eligible Project Proposals sponsored by participating cities and the County in the estimated allocations shown:

1. The City of Gonzales shall receive an allocation of approximately 4.1% of funding available for other eligible projects or $175,566 over the term of this Agreement.

2. The City of Greenfield will receive an allocation of approximately 12.8% of funding available for other eligible projects or $547,299 over the term of this Agreement.

3. The City of Marina will receive an allocation of approximately 10.6% of available funding for other eligible projects or $452,696 over the term of this Agreement.

4. The City of Sand City shall receive an allocation of approximately 1.7% of funding available for other eligible projects or $74,076 over the term of this Agreement.

5. The County of Monterey shall receive an allocation of approximately 39.6% of funding available for other eligible projects or $1,693,834 over the term of this Agreement.
iv. The allocations to the cities of Gonzales, Greenfield, Marina, Sand City, and the County shall be adjusted by the same percentage change in annual funding available from HUD. b. Per the California State Department of Housing and Community Development (HCD), any non-revolving State CDBG Program Income held by UGLGs as of July 1, 2019, and all future Program Income received thereafter must be transferred to Urban County for exclusive use by the UGLG depositing the Program Income with the Urban County. i. UGLGs are required to notify HCD that they are participating in the Urban County and will report all future CDBG Program Income through the Urban County. ii. Program Income transferred to the Urban County by a UGLG will be added to the UGLG’s funding pool. If an UGLG elects to leave the Urban County, it must notify both the County and HCD of its intention to continue depositing CDBG Program Income with the Urban County for the Urban County’s sole use or entering into a new Program Income Reuse Agreement with HCD.

1. It is the Urban County’s policy that UGLG Program Income deposited with the Urban County will be returned to the UGLG as an augmentation of their regular funding award as part of the subsequent program year Action Plan. c. Each UGLG must receive the minimum annual funding allocated at least once during each three-year funding cycle. An UGLG may elect to decline receipt of a portion or all UGLG’s annual allocation if it does not have projects ready for implementation.

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Attachment: Joint Exercise of Powers Agreement (JPA) & Cooperative Agreement (3094 : Resolution No. 2024-57 Approving Joint Powers 6 i. All funding allocations declined by an UGLG will be allocated to County unless County agrees to allocate the declined funding back to UGLG in a future year within the three-year JPA term.
6) Administration of Agreement.

UGLGs, the Advisory Committee, and the Urban County Standing Committee shall have specific duties and authorities.
a. UGLGs are charged with:
i. Cooperating in furnishing information and assistance necessary for the preparation, completion and filing of required HUD documents in accordance with the requirements of the Act and the Regulations. In accordance with such cooperation, the UGLG shall annually furnish the UGLG's local plan and process for citizen participation in the development of the UGLG's project proposals requested to be funded with Urban County CDBG Program funds to the County. The UGLG's local citizen participation final commitments will be incorporated into the official Urban County Public Participation Plan.
ii. Submitting to the County all necessary information required for the completion of a Consolidated Plan, Annual Action Plan, Analysis of Impediments to Fair Housing, Consolidated Annual Performance and Evaluation Report, or any other reports as necessitated by the Urban County status in the form required by HUD. This information will detail the Joining Jurisdiction's commitments to aiding and opportunities to very low and low-income persons within the Joining Jurisdiction. The local commitments by all participating cities will be incorporated into documents submitted by the Urban County to HUD to determine the local commitments to address the needs of very low- and low-income persons. The County shall not alter or amend the information furnished to County by cities in compliance with the Act and Regulations. Consistent with identified Urban County needs and priorities, the County shall have full authority and necessary control of the preparation and filing of documents submitted to HUD and of other papers and documents in support thereof.
iii. Making recommendations to the Advisory Committee regarding Project Proposals for projects and programs within its jurisdiction.
b. The County is charged with:
i. Undertaking all Urban County activities including:
i. Issuing a NOFA each year for funding;
ii. Analyzing funding requests submitted in response to the NOFA; iii. Acting as staff to the Advisory Committee;
iv. Acting as staff to the Urban County Standing Committee; v. Overseeing activities of Subrecipients;
vi. Reporting to HUD as required;
vii. Preparing all reports for submittal to IDIS on Subrecipient activities; viii. Preparing all reports as required by HUD regarding the Urban County program; and, ix. Working with and keeping participating Cities informed as to overall activities of the Urban County.
c. The Advisory Committee is charged with:
i. Reviewing all Project Proposals.
ii. Making recommendations to the Urban County Standing Committee regarding awards of loans and/or grants on all Project Proposals. iii. Advising about the development of a comprehensive coordinated housing and community development, as necessary.

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Attachment: Joint Exercise of Powers Agreement (JPA) & Cooperative Agreement (3094 : Resolution No. 2024-57 Approving Joint Powers 7 iv. Recommending awards of loans and grants for service programs proposed by jurisdictions, agencies, and non-profit organizations to jurisdictions and the Urban County Standing Committee.
d. The Urban County Standing Committee is charged with:
i. Recommending awards of loans and grants for projects and service programs proposed by jurisdictions, agencies, and non-profit organizations to the County Board of Supervisors.
7) Term of Agreement.
a. This Agreement shall become effective upon full execution by the governing bodies of County and UGLGs and it shall remain in full force and effect through June 30, 2028, or until all funds and any program income are expended and all activities are completed. 8) Proposals.
a. All Project Proposals for eligible projects located totally within the sphere of influence of an UGLG and must be considered by the UGLG as part of its project proposal development process. 9) Project Proposal Processing.

In general, projects will be processed in the following manner:
a. UGLGs and the County will solicit project proposals from entities serving the community and from jurisdictional departments.
b. UGLGs and the County will review, rate, and rank all Projects Proposals within their jurisdiction using a form provided by the County and approved by the Advisory Committee. c. UGLGs will forward their rated and ranked Projects Proposals to the County for consolidation into one document.
d. The consolidated list of Project Proposals will be evaluated by the Advisory Committee to ensure that:
i) Projects meet the goals identified in the Consolidated Plan and Annual Action Plan. ii) No more than 15% of total funds are allocated to public services. e. The Advisory Committee will rate and rank the Projects Proposals and make final recommendations to the Urban County Standing Committee. f. The Urban County Standing Committee will rate and rank the Projects Proposals and make final recommendations to the County Board of Supervisors. g. The Urban County Standing Committee recommendations will be reviewed at a public hearing before the Board of Supervisors. It is understood and agreed that as the legal recipient of the grant, the Urban County, through its Board of Supervisors, must officially approve the recommended Project Proposals to be included in the application to ensure that the program submitted to HUD is consistent with the Urban County's Consolidated Plan.
10) Grant Disbursement.
a. UGLGs understand and agree that CDBG funds disbursed under this Agreement are the obligation of the County and that such obligation of the County is dependent upon the availability of federal funds to implement Title I of the Act. Funds disbursed to the UGLGs will be expended on eligible activities which have been approved by the Board of Supervisors and described in the adopted Annual Action Plan. The Annual Action Plan includes a description of prioritized needs, strategies to address the needs, and a project funding submission and evaluation process. This process Packet Pg. 57
Attachment: Joint Exercise of Powers Agreement (JPA) & Cooperative Agreement (3094 : Resolution No. 2024-57 Approving Joint Powers 8 will be used to evaluate all project proposals according to their ability to address the adopted, prioritized needs and other criteria described in the adopted Annual Action Plan. b. Parties hereto agree that Urban County funding will be prohibited for activities in or in support of any UGLG that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. c. Upon approval of the County Board of Supervisors and HUD approval of the CDBG allocations and with the release of said funds, the UGLG may begin implementation of approved activities. Information on the progress of approved activities will be submitted to the County on a monthly or quarterly basis during the program years the activities are being carried out. This information will be included in the Urban County's monitoring reports which are reviewed by HUD during the program year. Projects which fail to meet schedules according to the approved time schedule will be evaluated according to the process detailed in the approved Urban County CDBG Program Guidelines.
11) Areas of Housing Authority Operation.
a. Nothing herein shall affect the rights and obligations of the parties with respect to any agreement which the UGLGs or County may have with the Housing Authority of the County of Monterey (HACM).
12) Services, Equipment and Property; Reimbursement.
a. The County shall provide or be primarily responsible for providing the services, equipment, and other property necessary for the planning, preparation and filing of CDBG documents and for the administration of the grant funds subject to the right of the County to seek reimbursement for actual expenses and costs of furnishing such services, equipment, and property. Subject to the provisions of the application or of the grant award made thereon, all property furnished by County as herein-above described shall belong to County during the term of this Agreement and after its termination.
b. At the termination of the CDBG program, all property and equipment acquired with CDBG funds will be subject to the requirements and conditions 2 CFR Section 200 Subpart D, Property Standards.
13) Program Income.
a. This Section 13 only applies to Program Income generated through activities funded by the Urban County Program.
b. The UGLGs acknowledge that they must continue to maintain separate Program Income records for 1) Program Income generated through State CDBG revolving loan fund programs and 2) for Program Income generated through the Urban County Program. c. Any Program Income generated by Urban County approved projects will be paid to the County except as cited in Section 14 below.
d. Any Program Income UGLGs or the County is authorized to retain may only be used specifically for eligible activities in accordance with the project approved by the Advisory Committee to which the Program Income relates and all CDBG requirements as may apply. e. The County has the responsibility for monitoring and reporting to HUD on the use of any such Program Income; accordingly, UGLGs and County shall provide appropriate record keeping and reporting as may be needed for this purpose.
f. In the event of close-out or change in status of an UGLG, any Program Income that is on hand or received after close-out or change in status shall be paid to the County, except for Program Packet Pg. 58
Attachment: Joint Exercise of Powers Agreement (JPA) & Cooperative Agreement (3094 : Resolution No. 2024-57 Approving Joint Powers 9 Income generated by an approved project and held in a revolving loan fund as cited in Section 14 below.
g. On an annual basis, the UGLGs shall submit to the County written certification that such Program Income has been and shall continue to be used for approved purposes. h. Any Program Income which exceeds one hundred twenty five percent (125%) of the annual allocation at a point in time one hundred twenty (120) days prior to the fiscal year end must be returned to the County and will be added to the fund balance. To the extent possible, any Program Income returned to the County may be reallocated and reissued to the UGLG or County from which it came for new projects.
14) Revolving Loan Fund.
a. This Section 14 only applies to Program Income generated from HCD approved Revolving Loan Funds operated by Units of General Local Government. b. The purpose of this provision is to enable the UGLGs or County to continue a revolving loan program, if established, in the event of close-out or a change in status of the UGLG or County.

Such Program Income shall not be used for any purpose other than that for which it was approved and only for the benefit of low and very low-income households. c. If an UGLG or the County establishes a revolving loan fund project approved by the Urban County Standing Committee such as a first-time home buyer or housing rehabilitation loan program or a Business Assistance or a Micro-Enterprise economic development loan fund, the UGLG or County may request that it retain Program Income for continued use in the revolving loan project.

The request must be approved by the Urban County Standing Committee at the time of approval of the project. The approval to retain Program Income will be for a period not to exceed the three-year HUD approved Urban County funding cycle. The term may be extended for additional three-year periods that correspond to the HUD funding cycles by the Urban County Standing Committee upon request.
d. Eligible activities may be funded only through loans, which, in turn, generate payments to the fund for use in carrying out the same activities.
e. Any Program Income generated by revolving loan funds shall be maintained and used for the activity which generated the Program Income and must meet all existing and subsequent HUD regulations and requirements.
f. The UGLG or County must retain Revolving Loan Fund Program Income in a separate fund from other Urban County Program Income. The UGLG or County’s Revolving Loan Fund cash balance must be held in an interest-bearing account and the interest must be remitted to the County annually. The County, in turn, remits the interest to HUD. g. Regardless of the ability to retain Program Income, one hundred twenty (120) days before the end of any fiscal year, UGLGs or the County must return any Revolving Loan Fund balance to the County which is more than 125% of each UGLG’s or County’s annual allocation. h. Revolving Program Income returned to the County will be added to the fund balance as cited in Section 13 above.
15) Records.
a. UGLGs and County shall maintain appropriate books, records, files, and accounts relating to the receipt and disbursement of the grant funds, including records in accordance with 24 CFR Sec. 570.503 as they relate to the application, acceptance, and use of federal funds for this federally assisted program and any other records imposed by County's contract with HUD. All such books, records, files, and accounts shall be made available for inspection at reasonable times and places by authorized Packet Pg. 59
Attachment: Joint Exercise of Powers Agreement (JPA) & Cooperative Agreement (3094 : Resolution No. 2024-57 Approving Joint Powers 10 representatives of UGLGs, County, and Department of Housing and Urban Development or any other person authorized by the Act or the Regulations.
16) County Disbursement of Funds.
a. The Treasurer-Tax Collector of the County shall receive and have custody of all funds until disbursal of such funds to be made in a manner designated by the County. County shall, by a date no later than fourteen days after receipt of the current year funding money, notify UGLGs of the manner of disbursal of such funds.
17) Contractual Obligations.
a. It is expressly understood and agreed that, as the applicant to HUD, County must take the full responsibility and assume all obligations of an applicant under the Act and that HUD will look only to the County in this regard. However, County assumes no responsibility nor liability towards UGLGs for any failure to include an UGLG in the application because of an UGLG 's failure to supply County with information necessary to prepare and file the application, or because of UGLG's failure to supply County with such information, upon designated dates, or because of UGLG's failure to comply with the Act and the Regulations.
18) Structure of the Agreement
It is expressly understood and agreed:
a. As the applicant to HUD under the Act, County has sole responsibility for enforcement of the Agreement with UGLGs;
b. UGLGs may enforce the Agreement with the County; and c. UGLGs may not enforce the Agreement on other UGLGs.
19) Indemnification.
a. In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the UGLGs and County agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the County and UGLGs agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any performance of obligations required by this Agreement, the Act, Application, Regulations or other applicable laws relating to this Agreement delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officer, board members, employees or agents, under or in connection with or arising out of any performance of obligations required by this Agreement, the Act, Application, Regulations or other applicable laws relating to this Agreement delegated to such other parties under this Agreement.
20) Discretionary Actions.
a. Nothing herein contained shall be construed to prohibit the UGLGs or County from exercising its discretion on any legislative quasi-judicial and/or administrative matter (including but not limited to any action involving zoning of General Plan amendments). Nothing herein shall Packet Pg. 60
Attachment: Joint Exercise of Powers Agreement (JPA) & Cooperative Agreement (3094 : Resolution No. 2024-57 Approving Joint Powers 11 compel the UGLGs or County to take any action on any matter save and except as expressly required in this Agreement. It is understood and agreed that, by this Agreement, neither UGLGs nor County commit or delegate the exercise of any of its police powers in any matter whatsoever save and except as expressly set forth in this Agreement.
21) Timeliness.
a. When any action is required hereunder upon request for action on a document or material furnished by either the County to the UGLGs or the UGLGs to the County, said request for action on a document or material shall be furnished at least seven days prior to the date said action is required to allow sufficient time for the County or UGLGs to review and act on said document or material.
b. Time is of the essence in this Agreement.
22) Amendments.
a. This Agreement may be amended from time to time to incorporate new statutory or regulatory changes to the CDBG program. Any such amendment shall be executed by the officials authorized to execute this Agreement.
23) Severability.
a. Should any part, term, provision of this Agreement be judicially determined to be illegal or in conflict with any law of the State of California or any law of the United States, or should any part, term, or provision of this Agreement be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby. 24) Section Headings.
a. All section headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. 25) Notices.
a. Any notice, demand, or communication under, or about, this Agreement between the parties may be served by personal service; by electronic transmission; by facsimile; by mailing the same by certified mail, postage prepaid, return receipt requested; or delivered by express delivery service, return receipt requested; or delivered personally to the principal office of the parties as follows:

If to the County:

County of Monterey
Housing & Community Development
Attention: Director
1441 Schilling Place, 2nd Floor, South
Salinas, CA 93901
(831) 755-5390
(831) 755-5398 facsimile
[email protected]
If to the City of Gonzales:

City of Gonzales
Office of the City Manager
Attention: City Manager
PO Box 647
Gonzales, CA 93926
(831) 675-5000
(831) 675-2644 facsimile
[email protected]
If to the City of Marina
City of Marina
Office of the City Manager
211 Hilcrest Ave.

Marina, CA 93933
(831) 884-1224
(831) 384-9148 facsimile
[email protected]
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Attachment: Joint Exercise of Powers Agreement (JPA) & Cooperative Agreement (3094 : Resolution No. 2024-57 Approving Joint Powers 12 If to the City of Greenfield
City of Greenfield
Office of the City Manager
Attention: City Manager
PO Box 127
Greenfield, CA 93927
(831) 674-5591
(831) 674-3149 facsimile
[email protected]
If to the City of Sand City
City of Sand City
Office of the City Administrator
Attention: City Administrator
1 Sylvan Park
Sand City, CA 93955
(831) 394-3054
(831) 394-2472 facsimile
[email protected]
b. Notice shall be deemed satisfied within one (1) business day if provided by personal service, by electronic transmission, or by facsimile. Notice shall be deemed satisfied within three (3) business days if provided by certified mail or by express delivery. Either party may change such address by notifying the other party in writing as to such new address as the party may desire used and which address shall constitute the new address for notice, until further written notice.

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

SIGNATURES APPEAR ON THE FOLLOWING PAGES
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Attachment: Joint Exercise of Powers Agreement (JPA) & Cooperative Agreement (3094 : Resolution No. 2024-57 Approving Joint Powers 13 COUNTY OF MONTEREY
By:

Sonia De La Rosa,
County Administrative Officer
Date:

Approved as to form and legality
By:

Reed Gallogly, Deputy County Counsel
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Attachment: Joint Exercise of Powers Agreement (JPA) & Cooperative Agreement (3094 : Resolution No. 2024-57 Approving Joint Powers 14 CITY OF GONZALES
By:

Carmen Gil, City Manager
Date:

Approved as to form and legality
By:

City Attorney
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Attachment: Joint Exercise of Powers Agreement (JPA) & Cooperative Agreement (3094 : Resolution No. 2024-57 Approving Joint Powers 15 CITY OF GREENFIELD
By:

Paul Wood, City Manager
Date:

Approved as to form and legality
By:

City Attorney
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Attachment: Joint Exercise of Powers Agreement (JPA) & Cooperative Agreement (3094 : Resolution No. 2024-57 Approving Joint Powers 16 CITY OF MARINA
By:

Layne Long, City Manager
Date:

Approved as to form and legality
By:

City Attorney
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Attachment: Joint Exercise of Powers Agreement (JPA) & Cooperative Agreement (3094 : Resolution No. 2024-57 Approving Joint Powers 17 CITY OF SAND CITY
By:

Vibeke Norgaard, City Administrator
Date:

Approved as to form and legality
By:

City Attorney
1820884.1
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Attachment: Joint Exercise of Powers Agreement (JPA) & Cooperative Agreement (3094 : Resolution No. 2024-57 Approving Joint Powers City of Gonzales

CITY MANAGER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: September 16, 2024
FROM: Carmen Gil, City Manager
SUBJECT: MOA Between the City of Gonzales and Gonzales Unified School District for a School Resource Officer

RECOMMENDATION
It is recommended that the City Council Authorize the City Manager to sign a Memorandum of Agreement (MOA) between the City of Gonzales and the Gonzales Unified School District (GUSD), to co-sponsor a Resource Officer position jointly funded by the City and GUSD.

BACKGROUND
The Gonzales Police Department and GUSD have been working collaboratively for years. In 1996, through grant funding, Officers begun being placed at the school sites to better serve GUSD. After multiple failed tries at securing grant funding, GUSD and the City decided to collectively fund a School Resource Officer position in 2016. Since then, we have continued to collectively fund the position (50% each).

REVIEW AND ANALYSIS
Although there is an old MOA in place that extends on a year-to-year basis, GUSD and the City Manager thought it was prudent to put a new MOA in place that can cover the next five years (July 1, 2024 – June 31, 2031) and make any revisions necessary.

Having a dedicated SRO that effectively works with GUSD students, teachers and parents, can make all the difference when it comes to prevention and establishing a safe environment for everyone not only within the halls of GUSD schools, but also throughout the community. As a result, it is important to remain vigilant and not take safety for granted. This proactive step is aligned with our “Gonzales Youth Achieve 21st Century Success Initiative.”
AGENDA
ITEM
16 Packet Pg. 68
With that in mind, the City and School District first entered talks about jointly funding the hiring of a SRO, with the District and the City each paying half of the cost of the position and developed the initial MOA. Years later, the partnership has proven successful; the school district values the partnership, the direct access to the Officer and the additional support.

The MOA delineates the responsibilities, expectations of and funding obligations for the SRO.

Essentially, the SRO would patrol all four of the District’s Schools with certain days set aside for each school site. The SRO would also be available to respond to incidents away from the schools when needed, and the normal Patrol Officers would respond to assist at the schools when needed. GUSD and the City would give the SRO the ability to flex the hours worked so that he/she would be able to attend games and other school events while keeping overtime costs down. In addition, the MOA provides for feedback from the GUSD on the performance of the SRO and establishes a new 5-year Agreement term.

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: Gonzales prides itself on being a safe community. The requested action provides further safety measures for GUSD and the community at-large.

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: Having an SRO who can work well with the School District can make a positive and proactive difference in the lives of those that may struggle with unwanted behaviors, thus supporting our youth, families and community.

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

The collaborative approach to funding the SRO will provide the City with a needed resource with the benefit of half the costs being funded by the School District.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes ___ No NA
• Housing Yes ___ No X NA
• Recreation Yes ___ No X NA
• Environment Yes ___ No X NA
• Education X Yes ___ No NA
Explain: The SRO will provide both public safety and educational benefit to our youth and residents.

Having an Officer trained to respond to and deal with the youth, will benefit the City and School District with increased public safety presence in our schools.

ALTERNATIVES
The City Council can consider 1) not approving the MOA, or 2) direct staff to modify the MOA.

However, not approving the MOA for the SRO is not recommended, because it is a position that has been Packet Pg. 69
budgeted for in the current fiscal year and is an important resource for GUSD and the City. Additionally, issues have surfaced that the SRO has been able to handle more appropriately by being directly connected to the School District.

BUDGET IMPACT
Fifty percent of the SRO position, approximately $83,500 has already been included in this year’s (FY 24/25) Budget. Therefore, there would be no unbudgeted expense.

CONCLUSION
It is recommended that the City Council Authorize the City Manager to sign a Memorandum of Agreement (MOA) between the City of Gonzales and the Gonzales Unified School District (GUSD), to co-sponsor a Resource Officer position jointly funded by the City and GUSD.

Attachments:

1. MOA with GUSD for SRO
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1 MEMORANDUM OF AGREEMENT

BETWEEN THE CITY OF GONZALES AND

THE GONZALES UNIFIED SCHOOL DISTRICT

FOR A SCHOOL RESOURCE OFFICER
This Memorandum of Agreement, establishing a Gonzales Unified School District Resource Officer, is made by and between the City of Gonzales, a municipal corporation ("City"), and the Gonzales Unified School District ("District"), and is effective from July 1, 2024 through June 31, 2029, unless otherwise extended.

RECITALS
A. The District owns and operates school campuses in the City of Gonzales, Monterey County.

B. The District desires to retain the services of an on-campus "School Resource Officer" from the City, for a variety of purposes, including interaction with and education of students and for responding to safety and security issues that arise at the various school campuses within the district.

C. City is willing to assign one police officer to provide School Resource Officer (SRO) services to District, subject to the terms and conditions set forth in this agreement.

NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows:

1. Assignment and Selection: City agrees that it will assign one sworn police officer to the position of District-wide School Resource Officer ("SRO") in accordance with the terms and conditions set forth in this Agreement. The City shall bear all responsibility for the hiring of the SRO; however, the District Superintendent of Schools or his/her designee will be invited to participate in the hiring process and the City will consider their input in the selection of the SRO. In addition, the City retains the sole discretion to assign any police officer to fill this position from time- to-time during the term of this Agreement;

2. Training and Oversight: The City shall bear all responsibility for hiring, training, supervising and evaluating said officer, in accordance with normal City procedures and policies. However, the City shall consider any request by District Superintendent of Schools or his/her designee for the assignment or removal of any particular SRO and will request from the Superintendent of Schools or his/her designee feedback during the evaluation process of the SRO.

3. Cost Sharing: The City and District will each pay 50% of the costs associated with the SRO, including but not limited to salary, benefits, worker’s compensation, and training and equipment costs, as detailed in this agreement.

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Attachment: MOA with GUSD for SRO (3103 : MOA with Gonzales Unified School District for a School Resource Officer) 2 4. Assignment Details:
a. Schedule. One SRO shall be assigned to District and will work a schedule that is mutually agreeable to the City and District. The Chief of Police and District Superintendent will develop the schedule and campus locations that the SRO will work. The SRO hours may be changed upon mutual agreement of the parties. The SRO will be available for professional development by mutual agreement. b. Non-exclusive Assignment. City reserves the right to reassign the SRO to regular patrol or other duties within the police department on an intermittent temporary basis (e.g., for training, to cover for another officer, to respond to a medical call, to respond to a request for back-up). In such instances, another officer will not be assigned to the District. Notwithstanding, during such periods, the Gonzales Police Department will respond to District calls for assistance on an "as-needed" basis. The SRO may also be absent from the District when on City authorized leave (vacation, sick or other), in which case, requests for service will be handled on the same "as needed" basis. Notwithstanding the above, the SRO shall not be the only police officer scheduled to be on duty during school days.
c. Scope of Duties. The parties hereto agree that the SRO's duties and responsibilities shall be the following:
i. The SRO shall work with the Superintendent of Schools or his/her designee and administration of the District and school campuses on issues related to the students of said schools.
ii. The SRO shall refer students who have been involved with law enforcement for alcohol, drug, gang, bullying, and other related offenses to the appropriate services and programs, including but not limited to the Monterey County Probation Department and/or District Attorney.
iii. The SRO shall respond to calls related to parties involved with alcohol, drugs, bullying, gang-related activities, threats/intimidation, and physical assaults when juveniles are present, or, if not on duty at the time, collect relevant information from responding officer(s) .
iv. In investigating possible crimes and other incidents, the SRO will conduct a parallel investigation separate from any District investigation.

Information concerning investigations will be shared by District and City as allowed by relevant law. The District shall provide the SRO with notice of any alleged school-related criminal conduct of which the District becomes aware, and may seek advice from the SRO with respect to appropriate District handling of the same.

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Attachment: MOA with GUSD for SRO (3103 : MOA with Gonzales Unified School District for a School Resource Officer) 3 v. Upon approval of the School Superintendent or his/her designee, the SRO may participate in sessions designed to promote positive behavior on the part of students designated by the District to be "at-risk" under the guidance and in the company of a school administrator or designee. The SRO may also provide guidance, in keeping with said officer's training with the City's police department and any additional District policies, to students who initiate requests for such advice.
vi. During each classroom break, and before and after school, the SRO will be highly visible on and around the school campuses in the District. vii. The SRO shall actively enforce the District's policy relating to Gangs and Gang Related Behavior and Symbols. The SRO will provide gang awareness training to staff and parents on an "as needed" basis. viii. The SRO shall have the authority to enforce school related rules and policies as developed by District administration.
ix. The SRO shall be available to offer witness testimony during related expulsion proceedings.

5. Employee of City: It is understood and agreed by the parties hereto that at all times during the term of this Agreement, the SRO shall be an employee of the City and not an employee of the District. City shall be responsible for any and all payments to the SRO including salary, benefits, and worker's compensation.

6. Equipment, Training and Uniform Costs: The City and District agree to share the cost of all equipment, training and uniforms used by the SRO with the City paying 50% and the District paying 50%.

7. District Responsibilities: District shall provide the SRO with office space and equipment, to the extent possible on the School campuses. District shall also designate an on-campus District administrative employee as the SRO's contact person to assist in coordinating the SRO's on-campus activities. Although the SRO will take reasonable steps to cooperate with District requests regarding the performance of the SRO's duties, District expressly agrees that it will make no request or engage in any conduct which might interfere with the SRO's duties and responsibilities as a police officer to investigate criminal matters.

8. Employee Salary and Benefit Costs: One SRO will be part of this Agreement.

Approximately fifty-percent (50%) of one SRO will be paid by the District each year and the other 50% paid by the City each year.

9. Mutual Hold Harmless: District agrees to hold harmless City, including its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives from any and all claims, costs and liability for any personal injury or property damage which may arise directly or indirectly as a result of the SRO's activities related to this Agreement.

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Attachment: MOA with GUSD for SRO (3103 : MOA with Gonzales Unified School District for a School Resource Officer) 4 City agrees to hold harmless District, and its elected and appointed councils, boards, commissions, officers, agents, employees and representatives from any and all claims, costs and liability for any personal injury or property damage which may arise directly or indirectly as a result of Dist1ict's actions related to the SRO pursuant to this Agreement.

10. Term: The term of this Agreement shall be for five (5) years from July 1,, 2024 through June 31, 2029. Unless a notice of non-renewal is provided by either party thirty (30) days prior to each successive anniversary date, this Agreement shall be automatically extended from year to year until and such notice is given.

11. Assignment. Neither this Agreement nor any obligations of the parties hereunder may be assigned or subcontracted without the prior written consent of the other party, which the other party may withhold at its sole discretion.

12. Entire Agreement of the Parties. This Agreement supersedes any and all prior agreements, either oral or written, between the parties hereto with respect to subject matter of this Agreement and contains all the covenants and agreements between the parties with respect to the, subject matter of this Agreement. Any modification of this Agreement will be effective only if it is in writing, signed by both parties.

13. Notices. Any notices to be given hereunder by either party to the other may be affected by personal delivery in writing or by mail, registered or certified, with return-receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing on the signature page of this Agreement.

14. Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

15. Waiver. Waiver by a party of anyone or more of the conditions of performance under this Agreement shall not be construed as a waiver of any other condition or performance under this Agreement.

CITY OF GONZALES,
a municipal corporation
147 Fourth Street
Gonzales, CA 93926

GONZALES UNIFIED SCHOOL DISTRICT
600 Elko Street
Gonzales, CA 93926
_____________________________ _____________________________________________ Gonzales City Manager Gonzales Union School District Superintendent Packet Pg. 74
Attachment: MOA with GUSD for SRO (3103 : MOA with Gonzales Unified School District for a School Resource Officer) City of Gonzales

PUBLIC WORKS / CITY ENGINEER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: September 16, 2024
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, City Manager
SUBJECT: Community Center Construction Update

RECOMMENDATION
It is recommended that the City Council Receive a Progress Report on Phase 1 of the Community Center Complex Project.

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. Phase 2 has been fully designed and will require an additional $12M in funding.

This report provides updates over the last two months of construction of Phase 1 of the Community Center Complex Project as staff presented a progress report on the initial construction activities at the July 22, 2024 Council Meeting.

REVIEW AND ANALYSIS
Otto Construction began construction on Phase 1 of the Community Center Complex Project on June 10, 2024. The following items occurred over the two months (July 22, 2024 through September 13, 2024):

AGENDA
ITEM
17 Packet Pg. 75
• Completed Building A foundation/footing reinforcement installation; concrete footings were poured on August 21, 2024.
• Under slab mechanical, electrical and plumbing rough scope is now complete. • Poured Building A slab on grade on August 30, 2024.
• Completed final grading and compaction of subgrade for future drive aisle and parking lot. • Completed installation of underground sanitary sewer utility, tie-in at Fifth street main line and installation of three manholes
• Installation of underground storm drain system, including two dry wells for storm water management.
• Underground fire water utility installation is underway (85% complete). • Underground site electrical distribution conduit installation is in progress. • 90% of the site demolition scope has been completed.
• Off-site fabrication of structural steel and glulam beams is underway, installation in the field is anticipated to begin later this month.
• All underground utilities, except for irrigation water service, permanent power, and low voltage communications, have been tied in at Fifth Street water and sewer mains.

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.

New Manhole Installation at Fifth Street (progress installation).

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Installation of Dry Well (stormwater management).

Building A under slab plumbing utility trenches.

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Building A Footing Reinforcement.

Building A pad reinforcement and concrete Pour.

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Aerial view of Building A slab pour.

Finished Slab on Grade (Building A).

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Site Grading (Driveway and Parking Lot).

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 29, 2024 3 Rough Mechanical, Electrical, Plumbing Complete February 6, 2025 4 Building Weather tight (Dry In) February 25, 2025
5 Substantial Completion November 24, 2025
6 Final Completion January 8, 2026
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 variety of public and private functions, recreation programs and other activities which will enhance the quality of life of Gonzales residents.

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

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

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
There are no alternatives to receiving this progress report.

BUDGET IMPACT
There is no budget impact related to this progress report

CONCLUSION
It is recommended that the City Council Receive a Progress Report on Phase 1 of the Community Center Complex Project.

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City of Gonzales

FIRE DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: September 16, 2024
FROM: Jason Muscio, Fire Chief
THROUGH: Carmen Gil, City Manager
SUBJECT: Office of Traffic Safety Grant Acceptance for New E-Draulic Vehicle Extrication Equipment

RECOMMENDATION
Staff recommends the City Council authorize the City Manager to accept the California Office of Traffic Safety Grant EM25022 in the amount of $42,933 for the purchase of new E-draulic vehicle extrication equipment and make the necessary adjustments to the Fire Department budget line 100-30-6210 special department expenses to reflect the available funds.

BACKGROUND
The California Office of Traffic Safety (OTS) provides grant funding for municipalities to enhance highway safety programs to reduce the amount of traffic accident-related injuries and deaths on California roadways. One specific area of funding available is for the purchase of vehicle extrication equipment for the Fire/EMS services. Our Fire Department began carrying hydraulic extrication equipment in the late 1980s as part of our standard equipment complement for vehicle accidents. Our Fire Department last purchased extrication equipment in 2008, this equipment was some of the best available at the time but still required the use of an external gasoline powered engine as a power source. Over the next decade advances in rechargeable battery technology made battery powered or E-draulic extrication equipment practical and powerful enough for everyday use. An additional benefit of E-draulic equipment is the need for a gasoline powered power source is eliminated, thus making the equipment faster to deploy when needed and saving space in our already overloaded engine compartments. All of our neighboring departments and mutual aid partners currently carry E-draulic equipment for frontline use. Following the City Manager’s directive to seek grant funding for updated equipment whenever possible, a grant application was submitted to the Office of Traffic Safety for the purchase of E-draulic extrication equipment and the application was approved.

AGENDA
ITEM
18 Packet Pg. 82

REVIEW AND ANALYSIS
Staff believes this grant provides the best opportunity to equip our Firefighters with state-of-the-art lifesaving extrication equipment.

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 grant supports the vision by providing extrication equipment that can be rapidly deployed at accident scenes, saving precious time for critically injured patients. This equipment will also benefit our automatic aid partner departments CTF/SVSP Fire and Monterey County Regional Fire who together with or Fire Department respond to 11 miles of Highway 101 and hundreds of miles of County Roads and City Streets within our operational area.

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: Fire Department leadership applied for this grant to provide equipment that will increase our Fire Department’s capabilities, and provide better outcomes for our patients.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes ___ No NA
• Housing Yes ___ No X NA
• Recreation Yes ___ No X NA
• Environment Yes ___ No X NA
• Education Yes ___ No X NA
Explain: Gonzales Fire Department strives to supplement the budget whenever possible with grants to provide the best service in a cost effective manner to support the City’s vision of a safer community.

ALTERNATIVES

1. The City could choose not to accept the grant and not purchase new extrication equipment. Staff recommends against this option as the new equipment is vital to improving service and patient outcomes.

BUDGET IMPACT
The grant provides $42,933 leaving a balance of $2,284.77 which the City will cover. This excess will be paid from 100-310-6210 special department expenses. There may also be a small cost of $100 or less to secure junk vehicles for training.

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CONCLUSION
Staff recommends the City Council authorize the City Manager to accept the California Office of Traffic Safety Grant EM25022 in the amount of $42,933 for the purchase of new E-draulic vehicle extrication equipment and make the necessary adjustments to the Fire Department budget line 100-30-6210 special department expenses to reflect the available funds.

Attachments:

1. EM25022 Draft Grant Agreement - Second
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8/29/2024 9:34:29 AM Page 1 of 15
State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
EM25022

1. GRANT TITLE
Regional Crash Response and Extrication Improvement Program

2. NAME OF AGENCY 3. Grant Period
Gonzales From:

To:
10/01/2024
09/30/2025 4. AGENCY UNIT TO ADMINISTER GRANT
Gonzales Fire Department

5. GRANT DESCRIPTION
The city/county/regional fire agency will improve their crash response and extrication times by purchasing extrication equipment. Best practice strategies will be used to reduce the response time for the arrival of appropriate extrication equipment to traffic crash scenes and the time to extricate the victims of traffic crashes, thus increasing survivability. The grant will provide funding for new equipment and training for fire departments without extrication equipment or those that have existing equipment that has reached the end of its usable lifespan and is in need of replacement.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $42,933.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Jason Muscio
Fire Chief
[email protected]
(831) 262-5711
P.O. Box 647
Gonzales, CA 93926
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Carmen Gil
City Manager
[email protected]
(831) 675-5000
P.O. Box 647
Gonzales, CA 93926
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Mike Howard
Finance Director
[email protected]
(831) 674-5562
P.O. Box 647
Gonzales, CA 93926
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
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Attachment: EM25022 Draft Grant Agreement - Second (3090 : Accept Office of Traffic Safety Grant for New E-Draulic Vehicle Extrication 8/29/2024 9:34:29 AM Page 2 of 15

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $42,933.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$42,933.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $42,933.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

TSN7XP4SDJM5
P.O. Box 647
Gonzales, CA
93926-0647
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
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Attachment: EM25022 Draft Grant Agreement - Second (3090 : Accept Office of Traffic Safety Grant for New E-Draulic Vehicle Extrication 8/29/2024 9:34:29 AM Page 3 of 15
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
EM25022

1. PROBLEM STATEMENT
The City of Gonzales is a rural community with a population just under 8,500. Gonzales sits in the heart of Monterey County, 17 miles outside of Salinas California. Gonzales is surrounded by agricultural land, making agriculture the main industry in the area. Ninety percent of the population is Hispanic and one in four residents live at or below the poverty level. About a third of the City's residents are foreign born, and three fourths speak a language other than English at home. Gonzales has a higher proportion of “families” than the County or State, and fewer households consisting of a single person or unrelated persons. Because of this Gonzales has a relatively high percentage of residents under the age of 19.

The Gonzales Fire Department provides all of the risk emergency response to the City of Gonzales, and the Gonzales Rural Fire Protection District (56 square miles), as well as the Southern portion of the Monterey County Regional Fire District through Automatic Aid Agreements. Our first response area for traffic crashes includes over 11 miles of U.S.Highway 101, 13 miles of River Road (County Signed route G17), numerous county roads in unincorporated areas, and the city streets of Gonzales and the Community of Chualar.

The total population served in our first due area is approximately 12,000. The number of vehicle crashes we responded to in 2023 is 68, and was slightly down from previous years, yet our incidents seemed to increase in severity with 6 viable patients requiring extrication through the use of hydraulic tools, as well as 3 body recoveries.

Our current compliment of extrication equipment is over 14 years old and consists of a combi-tool, cutters, and rams, all powered by a portable gasoline powered hydraulic power plant. Our current equipment is heavy and difficult to deploy with our two-person engine company. In 2022 we responded to a vehicle crash in our rural district where the vehicle was more than 100 yards off the roadway with no access for Fire Department vehicles, our engine company had to make three trips to the vehicle to bring in all the necessary extrication equipment, resulting in the delay of a critically injured patient. The hydraulic hose connections are difficult to manipulate with gloved hands and the hoses themselves often become tangled in vehicles or crash debris causing trip hazards for emergency personnel. The equipment is bulky, taking up a lot of compartment space in the engine, and increasing the potential for a firefighter injury during deployment. The cumbersome setup and operation of our current extrication equipment requires additional time before extrication can begin and takes precious minutes away from the "golden hour" which impacts patient survival. The faster a critically injured patient is extricated from a vehicle; the faster lifesaving treatment can begin.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Decrease the average extrication time, from the time of arrival at the crash site to transport.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Purchase and place fully equipped extrication systems in strategic locations within the jurisdiction.
1 3. Train firefighters in the use of the new equipment. 8

4. Conduct traffic safety presentations with an effort to reach persons and communities.
2 5. Display the OTS funded equipment during Public Safety Fairs, community festivals and/or other Department or community events.
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6. Report on the number of times the grant-funded equipment is used during an extrication, provide a brief overview of the incident and indicate if the equipment was used to save a life.
1 7. Station 1 - Decrease the average extrication time, from the time of arrival at the crash site to transport, from 20 minutes to 15 minutes. 15 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  Determine specific equipment requirements.
 Request equipment vendor price quotation for the required equipment per host agency requirement.
 Submit purchase orders to equipment vendors for purchase of the equipment.

Media Requirements
 Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  Inventory the new equipment following delivery.
 Disperse equipment to identified recipient agencies.
 Plan a media event announcing the grant funded equipment.  Recipient agencies will identify training needs and objectives and coordinate instructional staff to conduct a high quality training program for their respective agency.  Recipient agencies will develop a preventive maintenance schedule for the new equipment following manufacturers’ recommendations.

Media Requirements
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.  Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).

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Attachment: EM25022 Draft Grant Agreement - Second (3090 : Accept Office of Traffic Safety Grant for New E-Draulic Vehicle Extrication 8/29/2024 9:34:29 AM Page 5 of 15
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.  For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.  Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
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This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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Attachment: EM25022 Draft Grant Agreement - Second (3090 : Accept Office of Traffic Safety Grant for New E-Draulic Vehicle Extrication 8/29/2024 9:34:29 AM Page 7 of 15
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
EM25022

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
402EM-25 20.600 State and Community Highway
Safety
$42,933.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
$0.00
Category Sub-Total $0.00
B. TRAVEL EXPENSES
$0.00
$0.00
Category Sub-Total $0.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
Fully Equipped Extrication System 402EM-25 $42,933.00 1 $42,933.00 Category Sub-Total $42,933.00
E. OTHER DIRECT COSTS
$0.00
Category Sub-Total $0.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $42,933.00
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
EM25022

BUDGET NARRATIVE

PERSONNEL COSTS
-

TRAVEL EXPENSES
-

CONTRACTUAL SERVICES
-

EQUIPMENT
Fully Equipped Extrication System - Fully equipped extrication systems are generally comprised of a hydraulic pump, fluid, hoses, control valves, and hydraulically actuated spreaders and cutters used primarily for vehicle extrication incidents as well as edraulic tools. It includes every piece of extrication equipment, modifications, attachments, accessories, and auxiliary apparatus necessary to make it usable for the purpose it was acquired, and costs $5,000 or more (including tax, shipping, and installation).

OTHER DIRECT COSTS
-

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

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Attachment: EM25022 Draft Grant Agreement - Second (3090 : Accept Office of Traffic Safety Grant for New E-Draulic Vehicle Extrication 8/29/2024 9:34:29 AM Page 9 of 15
State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
EM25022
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

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By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; Packet Pg. 95
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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or Packet Pg. 96
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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—

PRIMARY TIER COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or Packet Pg. 97
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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

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DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving companyowned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

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CITY ATTORNEY

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: September 16, 2024
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, City Manager
SUBJECT: Resolution No. 2024-58, a Joint Resolution Approving Amendment No. 1 to the Employment Agreement for City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Gonzales Electric Authority Executive Director/Gonzales Electric Utility Executive Director Services with Carmen Gil

RECOMMENDATION
It is recommended that the City Council/Successor Agency/Successor Housing Agency/Gonzales Electric Authority/Gonzales Municipal Electric Utility consider and adopt Resolution No. 2024-58, A Joint Resolution of the City Council of the City of Gonzales/City Council as Board to the Successor Agency to the Gonzales Redevelopment Agency/Board of the Successor Housing Agency/Board of the Gonzales Electric Authority/Board of the Gonzales Municipal Electric Utility Approving Amendment No. 1 to the Employment Agreement for City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Gonzales Electric Authority Executive Director/Gonzales Municipal Electric Utility Executive Director Services with Carmen Gil.

BACKGROUND
After conducting a thorough recruitment in 2023, the City/Successor Agency/Successor Housing Agency/Electric Authority/Municipal Electric Utility (hereafter collectively “City”) entered into an Employment Agreement (“Agreement”) with Carmen Gil in June of 2023 for City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Gonzales Electric Authority Executive Director/Gonzales Municipal Electric Utility Executive Director (“Manager”) services. Pursuant to Section 9 of the Agreement, the City Council performed and completed a review of the City Manager’s job performance on August 5, 2024, and thereafter considered a proposed change to the Agreement. After tentatively agreeing to the modification, the Council directed the City Attorney to prepare an Agreement Amendment for subsequent consideration and approval this evening.

AGENDA
ITEM
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REVIEW AND ANALYIS
The proposed Amendment No. 1 to the Agreement addresses only one issue: an increase to the Manager’s administrative spending authority from $5,000 to $50,000. This change is meant to coordinate with the Council’s recent adoption of Ordinance No. 2024-146 which changed the bidding threshold for the purchase of supplies and equipment set forth in Gonzales City Code Chapter 3.16-Purchasing Procedures to $50,000. This change will allow the Manager to purchase needed supplies and equipment costing less than $50,000 without bidding. As was noted at the time of the adoption of Ordinance No. 2024-146, all expenditures in excess of $5,000 will still be reported to the Council and appear on warrant lists considered and approved at Council regular meetings.

With the exception of the change referenced above, all of the other provisions of the Manager’s Agreement, which is now in the second year of a two-year term, will remain in full force and effect.

Staff has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA Guidelines Section 15378) and requires no further analysis.

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: Allowing the City Manager to utilize the new $50,000 no-bid spending threshold will assist City Staff and management to ensure that the City’s vision will continue to be supported by efficient and timely purchases of necessary equipment and supplies.

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: See above.

City services will be delivered in a cost-effective, respectful and friendly manner to ensure the safety and well being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. Yes ___No _X_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. 2024-58.

Packet Pg. 101
• Do not adopt the proposed Resolution and provide Staff with direction.

This is not recommended as the Council has already given preliminary approval of the content of Amendment No. 1 to the Agreement and directed that an amendment be prepared to effectuate the above-referenced change.

BUDGET IMPACT
There is no direct financial impact associated with the modification to the Manager’s Agreement. All purchases will still need to be made within approved budgets.

CONCLUSION
It is recommended that City Council consider and thereafter adopt Resolution No. 2024-58, A Joint Resolution of the City Council of the City of Gonzales/City Council as Board to the Successor Agency to the Gonzales Redevelopment Agency/City Council as Board to the Successor Housing Agency/Board of the Gonzales Electric Authority/Board of the Gonzales Municipal Electric Utility Approving Amendment No. 1 to the Employment Agreement for City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Gonzales Electric Authority Executive Director/Gonzales Municipal Electric Utility Executive Director Services with Carmen Gil.

PUBLIC NOTICE
N/A.

Attachments:

1. Resolution No. 2024-58
Packet Pg. 102
RESOLUTION NO. 2024-58

A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

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

GONZALES REDEVELOPMENT AGENCY/BOARD OF THE GONZALES

SUCCESSOR HOUSING AGENCY/BOARD OF THE GONZALES ELECTRIC

AUTHORITY/BOARD OF THE GONZALES MUNICIPAL ELECTRIC UTILITY APPROVING AMENDMENT NO. 1 TO THE EMPLOYMENT AGREEMENT FOR

CITY MANAGER/SUCCESSOR AGENCY DIRECTOR/SUCCESSOR HOUSING

AGENCY EXECUTIVE DIRECTOR/GONZALES ELECTRIC AUTHORITY

EXECUTIVE DIRECTOR/GONZALES MUNICIPAL ELECTRIC UTILITY

EXECUTIVE DIRECTOR
WHEREAS, after a thorough recruitment process, the City of Gonzales/Successor Agency/Successor Housing Agency/Electric Authority/Municipal Electric Utility (“Council”) negotiated and entered into an Employment Agreement for City Manager/Director/Executive Director/Executive Director/Executive Director (“Manager”) services with Carmen Gil in June of 2023; and
WHEREAS, per Section 9 of the Agreement, the Council was to perform an annual evaluation of Gil’s job performance, and said evaluation was completed on August 5, 2024; and WHEREAS, as a result of said evaluation, the Council has agreed to an amendment to Manager Gil’s Employment Agreement increasing the Manager’s administrative contracting authority from $5,000 to $50,000.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Gonzales, the City Council as the Board of the City of Gonzales Successor Agency to the Soledad Redevelopment Agency, the City Council as the Board of the Gonzales Successor Housing Agency, the City Council as the Board of the Gonzales Electric Authority and the City Council as the Board of the Gonzales Municipal Electric Authority, that “Amendment No. 1 to Employment Agreement,” a copy of which is attached hereto as Exhibit “A” and by this reference incorporated herein, between the City/Successor Agency/Successor Housing Agency/Electric Authority/Municipal Electric Utility and Carmen Gil, is hereby approved. The Mayor/Chair/Chair/Director/Director is hereby authorized to execute said Amendment on behalf of the City/Successor Agency/Successor Housing Agency/Electric Authority/Municipal Electric Utility.

BE IT FURTHER RESOLVED that a copy of Amendment No. 1 shall be appended to City Manager/Director/Executive Director/Executive Director/Executive Director Gil’s original Employment Agreement.

PASSED AND ADOPTED by the City Council/City Council Acting as Successor Agency Board of the Gonzales Redevelopment Agency/Board of the Gonzales Successor Housing Agency/Board of the Gonzales Electric Authority/Board of the Gonzales Municipal Packet Pg. 103 Attachment: Resolution No. 2024-58 (3099 : Resolution No. 2024-58 (JOINT) Amendment No.1 to City Manager/Director Agreement) Electric Utility at a regular meeting duly held on the 16th day of September, 2024, by the following vote:

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

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

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

ABSENT, Council Members/Successor Agency Members/Successor Housing Agency Members/Electric Authority Members/Electric Utility Members:
______________________________________
Jose L. Rios, Mayor/Chairperson/Chairperson
President/President
ATTEST:
_______________________________________
Mary Villegas, City/Agency/Agency/Authority/
Utility/Deputy Clerk
Packet Pg. 104 Attachment: Resolution No. 2024-58 (3099 : Resolution No. 2024-58 (JOINT) Amendment No.1 to City Manager/Director Agreement) AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT FOR CITY

MANAGER/SUCCESSOR AGENCY DIRECTOR/SUCCESSOR HOUSING AGENCY

EXECUTIVE DIRECTOR/GONZALES ELECTRIC AUTHORITY EXECUTIVE

DIRECTOR/GONZALES MUNICIPAL ELECTRIC UTILITY EXECUTIVE

DIRECTOR
THIS AMENDMENT No. 1 is made by and between the City of Gonzales, the City of Gonzales as the Successor Agency to the Gonzales Redevelopment Agency, the Gonzales Successor Housing Agency, the Gonzales Electric Authority, and the Gonzales Municipal Electric Utility hereinafter collectively called “EMPLOYER” or “City,” and Carmen Gil, hereinafter called “Gil.” This Amendment shall have an effective date of October 3, 2024.

In consideration of the mutual covenants contained herein, the parties agree to the following amendment to the referenced provision of that “Employment Agreement City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Gonzales Electric Authority Executive Director/Gonzales Municipal Electric Utility Executive Director (hereafter “the Agreement”) approved by the City by way of Joint Resolution No. 2023-34 on June 5, 2023:

1. Section 3. Duties. The last paragraph is replaced with the following:

In order to facilitate the foregoing duties, Gil shall have the authority to enter into contracts on behalf of the City/Successor Agency/Successor Housing Agency/Electric Authority/Electric Utility on an administrative basis in an amount up to but not to exceed Fifty Thousand Dollars ($50,000.00). Gil shall report all contracts entered into in the amount of Five Thousand Dollars ($5,000.00) or more in her City Manager’s Reports to the Council and all expenditures shall be shown on the City warrants lists regularly presented for Council review and approval.

2. With the exception noted above, all other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS HEREOF, said parties have executed this Agreement on the ___ day of September, 2024.

By
Carmen Gil, City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Electric Authority Executive Director/Municipal Electric Utility Executive Director

EXHIBIT A
Packet Pg. 105 Attachment: Resolution No. 2024-58 (3099 : Resolution No. 2024-58 (JOINT) Amendment No.1 to City Manager/Director Agreement)

CITY OF GONZALES
By
Jose L. Rios, Mayor

CITY OF GONZALES AS SUCCESSOR AGENCY TO THE GONZALES

REDEVELOPMENT AGENCY
By
Jose L. Rios, Chair

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

CITY OF GONZALES ELECTRIC AUTHORITY
By
Jose L. Rios, President

CITY OF GONZALES MUNICIPAL ELECTRIC UTILITY
By
Jose L. Rios, President
ATTEST:

By
Deputy City Clerk
APPROVED AS TO FORM:

By
City Attorney
Packet Pg. 106 Attachment: Resolution No. 2024-58 (3099 : Resolution No. 2024-58 (JOINT) Amendment No.1 to City Manager/Director Agreement)