Packet Pg. 126 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising
12.2 Assignments and Subleases. This Lease is binding upon the heirs, assigns and successors of both City and Tenant. City agrees not to assign this Lease to any competitor of Tenant without Tenant’s written permission. Tenant shall have the right to assign or sublet with a 90-day notification to the City, subject to City approval, which shall not be unreasonably withheld. Upon the assignment of this Lease in accordance with this Section 12.2, Tenant will be forever released of all obligations accruing after the date of the transfer. Any assignment, transfer, or sublease made contrary to this section will be null and void.
12.3 Successors and Assigns. Subject to the restrictions set forth herein, each of the terms, covenants and conditions of this Lease will extend to and be binding on and will inure to the benefit of not only City and Tenant but to each of their respective heirs, administrators, executors, successors and assigns. Whenever in this Lease reference is made to either City or Tenant, the reference will be deemed to include wherever applicable, the heirs, administrators, executors, successors and assigns of such parties, the same as if in every case expressed.
12.4 City’s Right to Enter and Inspect the Premises. City and its authorized representatives wil1 have the right to enter upon and inspect the Premises at reasonable times to determine Tenant’s compliance with this Lease. As the subject Premises is immediately adjacent to a city drainage utility, the City shall remain unencumbered from complete access to its public property.
12.5 Force Majeure
12.5.1 “Force Majeure Event” means a cause of delay that is not the fault of the party who is required to perform under this Lease and is beyond that party’s reasonable control, including the elements (including floods, earthquakes, windstorms, and unusually severe weather), fire, energy shortages or rationing, riots, acts of terrorism, war or war-defense conditions, acts of any public enemy, epidemics, the actions or inactions of any governmental entity (excluding City) or that entity’s agents, litigation, labor shortages (including shortages caused by strikes or walkouts), and materials shortages.
12.5.2 Except as otherwise expressly provided in this Lease, if the performance of any act required by this Lease to be performed by either City or Tenant is prevented or delayed because of a Force Majeure Event, then the time for performance will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused. An extension of time for any such Force Majeure Event will be for the period of the enforced delay and will commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Lease may also be extended in writing by the mutual agreement of City and Tenant.
12.5.3 This Section 12.5 does not excuse (A) Tenant’s obligation to pay Rent when due and payable; or (B) either party’s obligation to perform an act when performance is rendered difficult or impossible solely because of that party’s financial condition. Tenant
Packet Pg. 127 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising expressly agrees that adverse changes in economic conditions, either of Tenant specifically or the economy generally, changes in market conditions or demand, and/or Tenant’s inability to sell advertising time on the Digital Billboard or other lack of funding, or to complete the construction of the Billboard Project will not constitute grounds of enforced delay pursuant to this Section 12.6. Tenant expressly assumes the risk of such adverse economic or market changes and/or financial inability, whether or not foreseeable as of the Effective Date.
12.6 Waiver of Breach. A party’s failure to insist on strict performance of this Lease or to exercise any right or remedy upon the other party’s breach of this Lease will not constitute a waiver of the performance, right, or remedy. A party’s waiver of the other party’s breach of any provision in this Lease will not constitute a continuing waiver or a waiver of any subsequent breach of the same or any other provision. A waiver is binding only if set forth in writing and signed by the waiving party.
12.7 Relationship of the Parties; Not Third-Party Beneficiaries. This Lease does not create any relationship or association between City and Tenant other than that of landlord and tenant, and it is expressly understood and agreed that City does not in any way nor for any purpose become a partner of Tenant or a joint venturer with Tenant in the conduct of Tenant’s business or otherwise; nor does this Lease create between City and Tenant the relationship of principal and agent. The parties do not intend to create any third-party beneficiaries to the Lease.
12.8 Attorney’s Fees. In the event that any action is brought by either party as against the other party for the enforcement or declaration of any right or remedy in or under this Lease or for the breach of any covenant or condition of this lease, the prevailing party will be entitled to recover, and the other party agrees to pay, all fees and costs to be fixed by the court including, but not limited to, reasonable attorneys’ fees.
12.9 Severability. If any term, provision, condition or covenant of this Lease or its application to any party or circumstances is held, to any extent, invalid or unenforceable, the remainder of this Lease, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, will not be affected, and will be valid and enforceable to the fullest extent permitted by Law.
12.10 Memorandum of Lease. City will record with the County Recorder’s Office a memorandum of this Lease in the form attached as Exhibit D promptly after the execution of this Lease.
12.11 Further Assurances. Each party will execute all additional documents or instruments and take all necessary action that either party reasonably considers necessary to carry out the proper purposes of this Lease.
12.12 Estoppel Certificates. Either party shall, from time to time during the Term upon not less than 20 days’ prior written notice from the other party, execute, acknowledge and deliver to the other party, or such persons or entities designated by such other party, a statement in writing certifying: (a) the Effective Date and Expiration Date of this Lease as well as the Operational
Packet Pg. 128 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising Date of the Digital Billboard, (b) that this Lease is unmodified and in full force and effect (or, if there have been modifications, that the Lease is in full force and effect as modified and stating the modifications), (c) that there are no defaults under this Lease (or if so, specifying the same), (d) the dates, if any, to which Rent has been paid, and (e) any other information that may be reasonably required by any such persons or entities. Any such certificate delivered pursuant to the provisions hereof may be relied upon by the other party or any prospective purchaser or encumbrancer of its estate. The City Manager will be authorized to execute, acknowledge and deliver any such certificate on behalf of the City.
12.13 Time of Essence. Time is expressly made of the essence with respect to the performance by the parties of each and every obligation and condition of this Lease.
12.14 Interpretation. This Lease will be interpreted as though prepared jointly by both parties.
12.15 Integration and Modification. Exhibits A, B, C, D and E are expressly incorporated into and form a part of this Lease. This Lease constitutes the entire agreement between the parties and there are no conditions, representations or agreements regarding the matters covered by this Lease which are not expressed herein. It supersedes all prior or contemporaneous agreements, representations, and negotiations (written, oral, express, or implied) and may be modified only by another written agreement signed by both parties. City and Tenant agree to mutually consider reasonable requests for amendments to this Lease that may be made by either of them, provided such requests are consistent with this Lease and would not materially alter the basic business terms included in this Lease. No amendment will be effective unless in writing and signed by both parties.
12.15.1 EXHIBITS
A. Legal Description of the Premises
B. Depiction of the Premises
C. Digital Billboard and Sign Structure
D. Memorandum of Lease
E. Conditions of Approval from CUP Process. Planning Commission Resolution No.
PC 2024-03
F. Database of Definitions Referenced in Lease
12.16 Quiet Possession. So long as Tenant is not in default under this Lease and is paying the Rent and performing all of the covenants and conditions of this Lease, Tenant shall quietly have, hold and enjoy the Premises during the Term without interruption or disturbance from City or any other persons claiming by, through or under City.
12.17 Nonliability. No member, official or employee of either party will be personally liable to the other, or any successor in interest, in the event of any default or breach by a party or for any amount which may become due to a party or its successors, or on any obligations under the terms of this Lease. Each hereby waives and releases any claim it may have against the members, officials or employees of the other party with respect to any default or breach by such party or for any amount which may become due to the nondefaulting party or its successors, or on any obligations under the terms of this Lease.
Packet Pg. 129 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising
12.18 Applicable Law; Venue. The laws of the State of California, without regard to conflict of law principles, will govern the interpretation and enforcement of this Lease. Any action to enforce or interpret this Lease must be filed in the Superior Court for the County of Monterey, California.
12.19 Commission. Each party represents to the other that it has not been represented by any broker in connection with this Lease, and that no real estate broker’s commission, finder’s fee or other compensation (individually and collectively, “Commission”) is due or payable. Each party agrees to indemnify and hold the other harmless from any claims or liability, including reasonable attorneys’ fees, in connection with a claim by any person for a Commission based upon any statement, representation or agreement of the other party.
12.20 Counterparts. The parties agree that this Lease may he executed in counterparts, each of which will be deemed an original, and said counterparts will together constitute one and the same agreement, binding all of the parties, notwithstanding all of the parties are not signatory to the original or the same counterparts. In order to expedite the transaction contemplated herein, facsimile, DocuSign, or .pdf signatures may be used in place of original signatures on this Lease.
City and Tenant intend to be bound by the signatures on the facsimile or .pdf document, are aware that the other party will rely on the facsimile or .pdf signatures, and hereby waive any defenses to the enforcement of the terms of this Lease based on the form of signature.
IN WITNESS WHEREOF, the parties have executed this Lease as of the Effective Date.
CITY:
CITY OF GONZALES, a California municipal corporation
By: ________________________________
Name:
Its:
ATTEST:
____________________________________
TENANT:
By: ________________________________
Name:
Packet Pg. 130 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising
EXHIBIT A
LEGAL DESCRIPTION OF THE PREMISES
Packet Pg. 131 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising
EXHIBIT B
DEPICTION OF THE PREMISES
Packet Pg. 132 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising
EXHIBIT C
DIGITAL BILLBOARD AND SIGN STRUCTURE
* Final materials may change based on engineering and City building code requirements
Packet Pg. 133 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising
EXHIBIT D
MEMORANDUM OF LEASE
IN WITNESS WHEREOF, Tenant and Landlord have executed this Memorandum as of the ____ day of _________, 20___.
TENANT: TREKKING REAL ESTATE INC. dba LEGACY
SIGN COMPANY
By:_____________________________
Name: Scott Smith
Title: President
LANDLORD: [Name of record title owner of the property]
By:_____________________________
Name: Name
Title: Title
Packet Pg. 134 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF _____________
COUNTY OF ___________
On _________________, before me, ______________________, Notary Public, personally appeared ______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Packet Pg. 135 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF _____________
COUNTY OF ___________
On _________________, before me, ______________________, Notary Public, personally appeared ______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Packet Pg. 136 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising RESOLUTION NO. PC 2024-03
A RESOLUTION OF THE PLANNING COMMISSION, OF THE CITY OF
GONZALES APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN OFFSITE ADVERTISING BILLBOARD SIGN ON A CITY-OWNED 6+ACRE PARCEL ADJACENT TO HIGHWAY 101 ON ASSESSOR’S PARCEL NUMBER 020-201-022-000.
WHEREAS, a request was received from Legacy Signs on June 12, 2024, to build and operate an offsite advertising digital billboard sign off of 875 S. Alta Street, Gonzales, adjacent to Highway 101. and
WHEREAS, this request followed the City adopting new amendments to the City’s Zoning Code to allow such a sign to be constructed in the City. and WHEREAS, the Planning Commission considered the new ordinance on April 8, 2024, and the City Council had their first reading of the new ordinance on May 6, 2024; the second reading was May 20, 2024, with the ordinance becoming effective 30 days later. And WHEREAS, public notice was provided in the local Salinas Valley Tribune, appearing August 21, 2024, and direct mailed notices were sent to all property owners within 300 feet of the subject property; and
WHEREAS, subject to the granting of a conditional use permit, an offsite advertising digital billboard sign may be allowed in the Industrial District, subject to the provisions of Section
12.116.125. of the City of Gonzales Sign Code; and
WHEREAS, the offsite advertising digital billboard sign is described as a single monopole support with two digital 14’x 48’ screens on top in a “V” formation for optimal visibility towards auto traffic on Highway 101. The overall height of the sign is to be no taller than 70’ from grade; and
WHEREAS, the screens on the sign are further described to have light dimming and directional capabilities to minimize any excess light and focus the display on the intended audience on the highway. The screens typically operate 18 hours per day from 6am to midnight; and WHEREAS, the Location of the sign on City owned Assessor’s Parcel Number 020-201- 022-000; and
WHEREAS, access to the sign will be granted by the neighboring property owner, Constellation Brands (CB). Due to the sign being landlocked by CB’s operations, the site is fairly secure and unlikely to be vulnerable to vandalism and graffiti; and WHEREAS, the sign will be used for a variety of purposes such as City endorsed announcements, celebrating community achievements, law enforcement, fire and natural disaster emergency communications and advertising. Local businesses located within the City of Gonzales will receive a discount on advertising space; and
EXHIBIT E
Packet Pg. 137 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising WHEREAS, the proposed sign is subject to the new regulations of Section 12.116.125, as follows.
A. Off-Site Advertising Billboard Signs are permitted in the Industrial District only in areas visible to Highway 101 travelers, and the following standards shall apply:
1. No new permitted off-site advertising sign may be less than 3,000 feet from an existing permitted off-site advertising sign.
2. New off-site advertising signs will only be allowed on property zoned industrial.
3. No new outdoor advertising structure shall be less than 500 feet from any existing church, park or school.
4. Only highway facing signs will be allowed.
5. Digital or static display is allowed.
6. Overall height from grade must be 70’or less.
7. Display sign area may be no more than 672 square feet, per face side.
8. Digital displays shall not rotate copy more frequently than every 6 seconds.
9. Sign structure and final architectural design must be approved by the City Planning Department, and consistent with the recommendations of a design review process.
10. Development agreement, lease agreement or other agreement with the City of Gonzales.
a. The operations and City conditions for the use and utility of the advertising display shall be included as part of a development agreement, lease agreement or other agreement with the City of Gonzales, City Council. b. The agreement must include revenue provisions to the City that allow the City to undertake projects, programs or other activities funded by the City.
WHEREAS, the Planning Commission confirms that the off-site advertising billboard sign proposal conforms to the nine (9) standards above and the lease agreement (10) will track to the City Council following an affirmative action on the Conditional Use Permit from the Planning Commission; and
WHEREAS, on Wednesday, August 14, 2024, an assembled design review committee gathered to discuss three potential designs offered by Legacy Signs. The Committee unanimously recommends that the Planning Commission approve the design as shown and attached to the draft Planning Commission Resolution; and
WHEREAS, Conditional Use Permits run with the land. In this situation for this off-site advertising billboard sign proposal, the City of Gonzales is the property owner. In this instance, the lease agreement will actually be the stronger governing document. The Planning Commission’s Conditions of Approval (Resolution PC No. 2024-03) will be applied to the sign project and will be included as an Exhibit/Attachment on the lease to be negotiated with the City Council; and
WHEREAS, the application has been reviewed for compliance with the California Environmental Quality Act and has been determined to qualify for an exemption under CEQA Guidelines Section 15303: New Construction or Conversion of Small Structures, Class 3.
Packet Pg. 138 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising NOW THEREFORE, the Planning Commission of the City of Gonzales ordains as follows:
Section 1. Environmental Findings
A. The application has been reviewed for compliance with the California Environmental Quality Act and has been determined to qualify for an exemption under CEQA Guidelines Section 15303: New Construction or Conversion of Small Structures, Class 3.
Section 2. Conditional Use Permit Findings
B. The use is necessary or desirable in relation to the purposes and intent of the Gonzales general plan, zoning ordinance, and the economic, social and environmental status of the City.
The request is not inconsistent with the General Plan designation of the site for industrial commercial uses. The Gonzales zoning ordinance designates the site as Industrial. Subject to a conditional use permit, off-site advertising billboard signs are permitted in the Industrial District subject to the new regulations of Section 12.116.125. The sign presents an economic opportunity to drive new business into the City of Gonzales, as well as to capture a negotiated fixed base rent return to the City, and a percentage of revenue for portions of the revenue stream that may exceed the base rent. Additionally, the City will be able to further its social programs and public outreach on the sign to announce civic campaigns and promotions. Environmentally, the design and aesthetics of the recommended sign design complement and enhance architectural themes and investments already made in the city, such as the multimillion dollar improvements to Alta Minor and the archway and trellises there.
C. The use will be properly related to other uses, transportation facilities, and other public facilities in the area, and will not cause undue environmental impacts relating to noise, odor, pollution, etc.
Subject to a conditional use permit, off-site advertising billboard signs are permitted in the Industrial District only in areas visible to Highway 101 travelers and subject to the new regulations of Section 12.116.125. The sign will have two sign faces and be oriented to both northbound and southbound travelers. While on a City-owned parcel that includes a drainage basin, the sign placement and foundation will not impact the public utility there, nor have impacts relating to noise, odor or pollution.
D. The use will not adversely affect the health or safety of persons living or working in the vicinity or be materially detrimental to the public welfare of the city and its residents.
Such off-site advertising billboard signs have been studied for health and safety reasons and it has been found that while they do attract attention, it is not to the point to distract vehicle operators from the safe operation of their vehicles. The sign faces are oriented to passing traffic on Highway 101 and are not adjacent to residential neighborhoods or other
Packet Pg. 139 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising sensitive receptors. With the utility to display Amber Alerts and other emergency and community messages and social promotions, the sign will actually enhance and further the public welfare of the city and its residents.
CONDITIONS OF APPROVAL
Standard Conditions
1. Code Compliance. All construction and improvements and uses shall be in accordance with zoning, building, fire, and all other codes and ordinances of the City of Gonzales or agencies that have regulatory authority over the project. All such requirements shall be met prior to issuance of a certificate of occupancy or final building inspection, except for items agreed to by the owner and the Building Official.
2. Hold Harmless and Indemnification. Except to the extent the City has constructed improvements on or about the property, the City and Applicant/Owner acknowledge that the City has not made an independent investigation of the design of the proposed use, or conditions affecting either design or use. Applicant/Owner shall indemnify and hold harmless the City, its elective and appointive boards, commissions, officers, agents and employees from all damages, injuries, claims and any and all liability and costs arising from or about the site or in connection with the conduct of business thereon.
Applicant/Owner agrees to, and shall, defend City, its elective and appointive boards, commissions, officers, agents and employees, from any suits or actions at law or equity from damages caused, or alleged to have been caused, by reason of the previously mentioned use of the involved site. Except as provided above, the terms of this paragraph shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of the previously mentioned design or operations referred to herein, regardless of whether or not City has prepared, supplied or approved of plans and or specifications for use of the proposed site. To the extent that Applicant is required to indemnify and hold harmless the parties listed above, it shall have the right to control the litigation, including but not limited to contracting for counsel of its choice, and accepting or rejecting any settlement offer.
Special Conditions
3. Design. The sign approved shall be designed according to the design recommended by the design review committee, consisting of a 59-foot tall two-faced freeway oriented electronic reader monopole sign, with architectural materials and colors reflective of the City of Gonzales 4th Street Archway at Alta Street. The sign will be constructed with aluminum features and accents mounted on a steel pole with a gemstone synthetic stone base. Each face of the electronic display shall be allowed a maximum display area of 14’ x 48’ feet totaling 672 square feet, per face. The sign will also include two 7-foot tall City shields mounted below each of the two display faces (The Wine Capital golden shields).
4. Placement. The sign shall be placed on Assessor’s Parcel Number 020-201-022-000. in accordance with the Site Plan and vicinity map included in the City’s review and staff
Packet Pg. 140 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising Ernesto Mancera, Tencia Vargas
Adrian Paco, Alex Ramirez, Gloria Velasquez
None
None
Packet Pg. 141 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising
EXHIBIT F
Database of definitions Referenced in the Lease
• City: The City of Gonzales
• Tenant: Legacy Sign Company
• Lease: The agreement between City and Tenant (sign company) • Effective Date: The date at which the lease agreement is executed • Digital Billboard: The two-sided LED electronic sign panel, as shown in Exhibit C • Sign Structure: The physical asset owned by the Tenant • Permit: City and Caltrans required authorizations to build and operate the sign legally • Project Approval Challenge: City and State permits and entitlements • Plans: Site plans, electrical plans, survey and any other required documents used for executing the project
• City Initial Concept Approval: To be given by the Planning Commission and City • Council
• City Permits: Respective permits needed from the City to build and operate the sign • City Permit Submittal Date: The date upon which Tenant first submits its application for the City Permits
• Caltrans Permits: Refers to the required permits for off-site advertising signs • Caltrans: The State of California’s authoritative body for off-site advertising signs • Caltrans Permit Submittal Date: The date upon which Tenant first submits its application for the Caltrans Permits
• Operational Date: The date upon which the sign is fully built, powered on and able to display advertising content
• Option Term: A five (5) year extension on the end of the thirty (30) year base term • Rent: Consideration to be exchanged for the right to lease property for the placement of the sign
• Premises: The City owned property where the sign is located •
• Sub Premises: The exact location at which the sign is located within the sub portion • Rent Commencement Date: Occurs upon at the Operational Date • Minimum Annual Guarantee (MAG): The base rent paid to the City • Annual Net Advertising Revenue: Revenue for advertising space after agency and broker commissions
• Consumer Price Index (CPI) : A price index of a weighted average market basket of consumer goods and services purchased by households
• “Space Availability” : Unsold advertising space
• “Creative Executions” : Each version and revision is considered an Creative Execution • “City Promotions and Messaging” - Advertising content used for the promotion of City run or controlled entities
• City Usage: The ability for the City to utilize the sign for its own messages and promotions
• Hazardous Substances: Any and all pollutants, wastes, flammables, explosives, radioactive materials, hazardous or toxic materials, hazardous or toxic wastes. hazardous or toxic substances, carcinogenic materials or contaminants and all other materials governed,
Packet Pg. 142 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising monitored, or regulated by any Federal, State or local Law or regulation, including the Comprehensive Environmental Response, Compensation and Liability Act, the Hazardous Substances Account Act.
• Hazardous Materials: Any and all pollutants, wastes, flammables, explosives, radioactive materials, hazardous or toxic materials, hazardous or toxic wastes. hazardous or toxic substances, carcinogenic materials or contaminants and all other materials governed, monitored, or regulated by any Federal, State or local Law or regulation, including the Comprehensive Environmental Response, Compensation and Liability Act, the Hazardous Substances Account Act.
• PCB: A group of man-made organic chemicals consisting of carbon, hydrogen and chlorine atoms.
• Hazardous Materials Laws: As regulated by the Environmental Protection Agency (EPA) and Occupational Safety and Health Administration (OSHA) • Obstruction: Anything limiting the visibility to the sign from the highway • “Actual Cost incurred by tenant for the purchase and installation of the billboard project”: Development and construction expenses including time, labor, material and fees • Future Sales Revenues: Estimated future sales revenues based on reasonable sales forecasting
• Tenant Party: The Tenant
• Tenant Indemnities: The Tenant
• City Indemnities: The City
• Tenant’s Insurance: Commercial General Liability and Workers Compensation and Employer Liability Insurance
Packet Pg. 143 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising City of Gonzales
CITY ATTORNEY
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: October 7, 2024
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, City Manager
SUBJECT: Possible New Regulations Concerning Encampments on Public Property
RECOMMENDATION
It is recommended that the City Council provide Staff with guidance on the preparation of desired regulations on encampments on public property in the City.
BACKGROUND
Issues concerning encampments occupied by unhoused persons impact nearly every community throughout the State. Locally, many cities in Monterey County are struggling with the appropriate means to address such issues. Due to the fact that the potential causes and impacts of being unhoused are varied and complicated by the wide range of affected people, including single adult men and women, families, single parents with children, youths, seniors and veterans, there is no easy, single approach to dealing with the encampment problem.
Unfortunately, unhoused encampments are frequently established in public spaces and other places not meant for human habitation, posing a significant threat to the health and safety of their occupants who are already vulnerable to illness, crime, malnutrition, and harmful weather exposure (excessive heat, cold, rain and flooding). Moreover, encampments create risks to the health and safety of the larger community due to problems associated with large accumulations of rubbish, dilapidated vehicles, drug paraphernalia and criminal conduct in public places and in close proximity to public resources and bodies of water. Among other matters, the health and safety risks from unregulated encampments can include disease, bacterial and viral infections, water pollution, risk of drug overdoses and pedestrian danger.
The City of Gonzales has seen a slow but steady increase in the number of local unhoused individuals within and near the City’s boundaries. Although the City has information and limited AGENDA
ITEM
14 Packet Pg. 144
resources it can make available to the unhoused concerning support and assistance from County entities, the City has no specific programs, policies or regulations that pertain to encampments. As the number of unhoused individuals increases so does the health and safety risk from such activity when tents or encampments are set up in public places. Additionally, because of the varied approaches to the encampment problem taken by local cities and the county, there is some risk that failing to take any regulatory action will leave the City susceptible to an influx of unhoused individuals from regions in which regulations or prohibitions are being strictly enforced.
On April 1, 2019, the Ninth Circuit Court of Appeals issued its decision in Martin v. Boise, Case No. 15- 35845 (9th Cir 2019), holding that enforcement against individuals camping and storing property in public places violates the 8th Amendment’s prohibition on cruel and unusual punishment when the unhoused have nowhere else to go. The general interpretation of Boise was that cities did not have the authority to clear an encampment unless they had a shelter bed or other space available for every displaced encampment resident.
However, the Supreme Court subsequently took up the issue in Grants Pass v. Johnson, in which a small city in Oregon’s ban on camping and the use of camping equipment in public places throughout its jurisdiction had been struck down by lower courts as essentially making it a crime to be homeless. On June 28, 2024, the Supreme Court issued its final decision in the Grants Pass case, overturning Boise and stating that “the enforcement of generally applicable laws regulating camping on public property does not constitute cruel and unusual punishment prohibited by the 8th Amendment.” The Court rejected arguments that encampment bans target and criminalize the sheltering habits of the homeless since they apply to anyone attempting to use public property for housing purposes (vacationing backpackers, protesters) and said that the types of punishment Grants Pass imposed on homeless residents, limited fines and jail sentences, did not constitute cruel and unusual punishment. The takeaway from this decision was that cities can now enforce encampment ordinances regardless of the availability of shelter beds or sleeping spaces.
In addition, on July 25, 2024, Governor Newsom issued Executive Order N-1-12 which ordered state agencies and departments to adopt policies that urgently address homeless encampments. Agencies subject to the Governor’s authority were directed to remove homeless encampments and adopt specific related policies on topics such as providing notice to vacate property, providing outreach services in coordination with service providers, and removing and storing personal property collected on removal sites. The Order also encouraged local jurisdictions to adopt the State’s guidelines and to use available resources to humanely remove encampments from public spaces.
REVIEW AND ANALYIS
While the City is dedicated to continuing a compassion-led effort to work with individuals to move from street to self-sufficiency, it has become clear that measures are needed to address growing concerns over adverse impacts to the public health and welfare associated with unhoused encampments. At a minimum, proposed amendments to the City Code should protect the life, health, and safety of all people in the City by prohibiting overnight camping near sensitive receptors such as schools, city facilities, areas of commercial business, waterways, parks and environmentally sensitive areas. However, given the City’s limited administrative and enforcement resources, it may be easier to have a single set of regulations prohibiting encampments on public property anywhere in the City. This approach would alleviate the need to make in- field determinations as to whether a given encampment was or was not allowed on specific public property. Certain exceptions could be carved out for the limited camping needs of community organizations such as the Scouts. Keep in mind that the City should also be mindful of the guidance provided by the Governor that local regulations should contain elements concerning notice, removal and storage of personal belongings, and referrals for assistance.
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In summary, in response to Federal, State and Council direction and actions, Staff is providing several proposed ordinance options, attached hereto, for potential regulation of encampments in the City. The Council should review and provide direction. Staff will thereafter prepare an ordinance for Council consideration at a future date.
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: Establishing regulations concerning unhoused encampments will directly impact the City’s ability to ensure that the City’s vision is maintained.
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: N/A.
ALTERNATIVES
• Provide Staff with guidance on the types of regulations the Council would like to establish to deal with encampments on public property in the City.
• Decide that regulatory action is not warranted or desired at the current time.
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.
PUBLIC NOTICE
N/A.
CONCLUSION
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It is recommended that City Council consider various options for potential regulations on encampments and provide Staff with direction.
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City of Gonzales
PUBLIC WORKS / CITY ENGINEER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: October 7, 2024
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, City Manager
SUBJECT: Updated Parking Regulations
RECOMMENDATION
It is recommended that the City Council review the updated list of Parking Regulations and provide feedback and direction to staff.
BACKGROUND
The City Council is authorized by the State of California through the Vehicle Code to adopt local parking regulations that are in addition to State mandated parking regulations (ie, no parking with 15 feet of a fire hydrant).
The City Municipal Code allows the City Council to establish parking regulations such as “No Parking”, 20-minute Parking spaces, and other parking restrictions (i.e., loading zones) by resolution. Current City parking regulations were established by Resolution No. 2018-03.
REVIEW AND ANALYSIS
Staff periodically reviews the approved parking regulations and proposed updates of Parking Regulations include:
1. Establish five 20-minute parking spaces on Belden Street and five 20-minute parking spaces on Fourth Street by the Post Office
2. No Parking at the new and expanded bus stops for the Monterey Salinas Transit Circulator Project currently under construction.
AGENDA
ITEM
15 Packet Pg. 148
3. No Parking within the first 20-feet on the vehicle approach side at an intersection with a marked or unmarked crosswalk per Assembly Bill 413, which went into effect January 1, 2024 with enforcement beginning January 1, 2025.
Regarding #3, Assembly Bill 413 was signed by Governor Newsom in October 2023, and prohibits vehicle parking within 20 feet of the vehicle approach side of any “marked or unmarked” crosswalk. The bill is intended to provide improved sight distance for pedestrians, bicyclists and drivers at intersections.
Vehicles parked close to intersections can block the field of vision for drivers, obscuring the corners where pedestrians are attempting to cross the street. and making it difficult to pass through the intersection.
AB 413 is codified in California Vehicle Code Section 22500(n), and prohibits vehicles from parking within 20 feet on the approach side of any unmarked or marked crosswalk, or within 15 feet of any crosswalk with a curb extension. This will affect most intersections throughout the City.
Section 22500(n) includes options for implementation and compliance of the law including the City may establish a different distance if both of the following requirements are met:
• The City establishes the different distance by ordinance that includes a finding that the different distance is justified by established traffic safety standards; and • The City has marked the different distance at the intersections using paint or signs.
Additional options include the City could permit commercial vehicle loading or unloading within 20 feet of the vehicle approach side of any marked or unmarked crosswalk, or within 15 feet of any crosswalk where a curb extension is present if both of the following requirements are met:
• The City authorizes the commercial loading and unloading by ordinance and identifies the crosswalk or crosswalks in the ordinance; and
• A local authority has marked the commercial loading and unloading areas with paint or signage.
The attached regulations address parking enforcement within the public right-of-way (i.e., City streets) in Gonzales. Concerns regarding parked vehicles in front yards is a separate effort.
Staff will incorporate Council’s feedback and direction on the proposed Parking Regulations and present a resolution at an upcoming Council meeting.
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: Appropriate parking regulations support the City’s Vision by maintaining public safety in Gonzales while maintaining the regulations needed to preserve Gonzales’ small-town charm.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.
Explain: Enforcement of parking regulations promotes the safety and well-being of residents and businesses.
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City services will be delivered in a cost-effective, respectful, and friendly manner to insure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.
Explain: Enforcement of parking regulations promotes the safety and well-being of residents and businesses.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing Yes No X N/A
• Recreation Yes No X N/A
• Environment Yes No X N/A
• Education Yes No X N/A
Explain: The additional markings are within the approved fiscal year budget.
ALTERNATIVES
The City Council could modify the Parking Regulations as allowed under the California Vehicle Code.
BUDGET IMPACT
There will be moderate costs related to staff time and materials by adopting the proposed Parking Regulations due to the new curb markings required by Assembly Bill 413.
CONCLUSION
It is recommended that the City Council review the updated list of Parking Regulations and provide feedback and direction to staff.
Attachments:
1. Updated Parking Regulations
Packet Pg. 150
City of Gonzales Parking Regulations
Revised September 30, 2024
I. Handicapped Parking – BLUE curb markings and signage:
1. One parking space in front of 316 Alta Street
2. Two parking spaces in front of 346 Alta Street
3. One parking space on the west side of Alta Minor between Fourth and Fifth Streets adjacent to the south side of the trellis.
4. Two parking spaces on the north side of Fourth Street at the intersection with Alta Street
5. Two parking spaces in front of 147 Fourth Street (City Hall)
6. One parking space on Elko Street at the south end of the parking lot between 205 and 225 Elko Street (Day Care Center and Swimming Pool)
7. One parking space on First Street at Elko in front of the baseball field
8. One parking space on Holstein Way at 842, Herbert G Meyer Park
9. One parking space on the north side of Third Street at the intersection with Alta Street II. Loading Zones – YELLOW curb markings and/or signage:
1. One parking space on Belden Street immediately east of 47 Fourth Street
2. Two parking spaces alongside the premises at 225 Elko Street (MAOF Day Care) said spaces shall be one immediately north and south of the building III. Passenger Loading Zones – WHITE curb markings or signage:
1. A marked area approximately forty-five feet (45’) long on the east side of Elko Street, north from La Gloria Middle School (220 Elko Street) exit
2. A marked area approximately forty feet (40’) long on the east side of Chardonnay Drive across from 535 Chardonnay Drive
3. A bus loading zone sixty feet (60’) in length in the 800 block of Fifth Street on the north side
4. A marked area approximately forty feet (40’) long on the east side of Longhorn Drive across from 233 Longhorn Drive
IV. No Parking Zones – RED curb markings and/or signage:
1. All alleys (no signs or markings required per CVC 22507)
2. All areas within fifteen feet (15’) of any fire hydrant (no signs or marking required per CVC 22514)
3. Within 20 feet on the approach side of an intersection with a marked or unmarked crosswalk (per Assembly Bill 413 effective January 1, 2025)
4. Both sides of Alpine Drive
5. West side of Alta Street from the north City limits near Tenth Street to the south city limits near Lanini Road except for the area from C Street north to the south driveway of 215 South Alta Street
6. East side of Alta Street between north city limits north of Tenth Street south to First Street
7. East side of South Alta Street around the alley at the intersection of Gonzales River Road twelve feet north and seven feet south
Packet Pg. 151 Attachment: Updated Parking Regulations (3110 : Updated Parking Regulations)
8. East side of South Alta Street from the entrance to 442 South Alta Street fifty feet (50’) south
9. East side of South Alta Street between the entrances of 460 and 480 South Alta
10. East side of South Alta Street from the northern entrance to 500 South Alta Street forty feet south
11. East side of US Highway 101 (business) [South Alta Street] from twenty-five feet north of the driveway to 750 South Alta Street south to seventy-five feet (75’) south of the south entrance to 800 South Alta Street
12. End of the cul-de-sac on Amore Drive extending six feet (6’) on both sides of Amore Drive
13. Southeast corner of C Street and US Highway 101 (business) [South Alta Street] seventy-five feet (75’) south and east on both streets
14. Northeast corner of C Street and US Highway 101 (business) [South Alta Street] twelve feet east on C Street
15. Northwest corner of C Street and South Belden Street fifteen feet west on C Street
16. West side of Center Street next to the Fire Department
17. East side of South Center Street from Fairview drive to A Street
18. East side of the 500 block of Chardonnay Drive from the handicapped ramp near 512 Chardonnay Drive forty-five feet (45’) north
19. East side of the 700 block of Cielo Vista Drive from the entrance to Gonzales High School ninety-five feet (95’) north
20. East of Day Street near the intersection of Fifth Street fifty feet (15’) north
21. West side of Elko Street between First Street and Fourth Street except loading zone in front of 225 Elko Street
22. West side of Elko Street and Fifth Street thirty feet (30’)
23. East side of Elko Street and Fourth Street twenty feet (20’) north and south at the entrance of Fairview Middle School
24. East side of Elko Street, seventy feet (70’) north from Fairview Middle School exit
25. The area around the north entrance to the school parking lot at 220 Elko Street seventyfive feet (75’) to the south and sixty-five feet (65’) to the north on the East side of Elko Street
26. South of Elko Street near Seventh Street eight feet (8’)
27. North side of Elliott Avenue from Elko Street to the easterly end of Elliott Avenue
28. North and south on the east and west intersection of Fifth street and Belden Street
29. Both sides of Fanoe Road in the city limits
30. Two bus loading areas in the 200 block of Fifth Street, sixty feet (60’) on the north side and fifty-seven feet (57’) on the south side
31. South side of Fifth Street near the intersection of Day Street twenty feet (20’) west
32. South side of Fifth Street from the intersection with Elko Street ninety feet (90’) east
33. South side of Fifth Street from the intersection with Elko Street forty feet (40’) west
34. North side of Fifth Street in front of 399 Fifth Street
35. North side of the 500 block of Fifth St, from the driveway of 507 Fifth Street forty feet (40’) west
36. Two bus loading zones in the 500 block of Fifth Street around 550 and 501 Fifth Street eighty feet (80’) on the north side and one hundred twenty-five feet (125’) on the south side
Packet Pg. 152 Attachment: Updated Parking Regulations (3110 : Updated Parking Regulations)
37. South side of the 500 block of Fifth Street from Rincon Road five-hundred feet (500’) west
38. North side of Fifth Street from the driveway to 701 Fifth Street to US Highway 101
39. South side of the 700 block of Fifth Street from US Highway 101 approximately 325 feet through the intersection with Rincon Road to thirty-six feet (36’) west of the intersection
40. North side of the 800 block of Fifth Street from US Highway 101 to Fanoe Road
41. South side of the 800 block of Fifth Street from US Highway 101 to Herold Parkway
42. North side of First Street from the intersection with Elko Street forty-five feet (45’) west
43. South side of First Street around the intersection with Elko Street from twenty-five feet (25’) east of the intersection to forty-four feet (44’) west of the intersection
44. Northeast corner of First Street and Center Street are sixty feet (60’) north on Center Street and forty feet (40’) east on First Street
45. North and south sides of Fourth Street, forty feet (40’) west of Elko Street
46. Both sides of Gonzales River Road five feet (5’) in each direction from all approved driveways
47. South side of Gonzales River Road 250 feet west of driveway at 2980 River Road
48. North and south sides of Gonzales River Road from South Alta Street to Alpine Drive
49. Both sides of Herold Parkway
50. Both sides of Katherine Drive
51. MST Circulator bus locations:
1. West side of Burgundy Way forty-five feet (45’) in front of Canyon Creek Park
2. South side of C St one hundred and two feet (102’) long East from S Belden St
3. North side of Eighth Street, seventy feet (70’) headed West from N Center St (Infront of Monterey County Housing and Iglesia del Senor)
4. East side of Fanoe Road in front of northern Fanoe apartments, forty-five feet (45’) long
5. North side of Fifth Street in front of Central Park, eighty-five feet (85’) long West from Day Street
6. South side of Fifth Street, seventy-five feet (75’) long West from Day Street
7. South side of First Street, sixty feet (60’) East from Alvarez Auto Sales entrance
8. North side of Katherine Street in front of Mann Packing, forty-five feet (45’) long West from the Alpine entrance
9. North side of Mustang Way East from Longhorn Dr, ninety feet (90’) long
10. North side of Fairview Dr ninety-five feet (95’) East from Storm basin driveway
11. West side of Puente del Monte Ave, forty-five feet (45’) long South from PAPE entrance
52. End of the cul-de-sac on Murano Drive extending six feet (6’) on both sides of Murano Drive
53. Both sides of Puente Del Monte Drive
54. West side of the 400 block of Rincon Road from the intersection of Fairview Road fifty feet (50’) north
Packet Pg. 153 Attachment: Updated Parking Regulations (3110 : Updated Parking Regulations)
55. East side of the 500 block of Rincon Road, north sixty-six feet (66’) from the intersection of Rincon Road and Fifth Street
56. South side of the 400 block of Seventh Street from the driveway to the Gonzales High School Transportation facility east twenty-five feet (25’)
57. East of Seventh Street near Bleden in front of 46 Seventh St
58. East and west sides of South Belden from the end twenty feet (20’) north
59. South of Tenth Street near the intersection of Alta Minor twenty feet (20’) east
60. North side of Tenth Street between Elko and US Highway 101 (business) [Alta Street]
61. End of the cul-de-sac in the 400 block of Venice Drive extending six feet (6’) on both sides of Venice Drive
V. No Parking Areas for Commercial Vehicles (including truck tractors and/or trailers) exceeding a gross vehicle weight of three tons:
1. East side of South Alta Street from A Street to C Street
2. East side of South Alta north from the railroad tracks near well #4 to C Street
3. South side of the 500 block of Fifth Street from Rincon Road to a point five hundred feet west
4. North side of Gonzales River Road from Alpine Drive west to the City Limits VI. Permitted Parking – signage:
Subject to obtaining a permit from the Police Chief, the following areas are designated for permitted parking:
1. C Street north side from South Alta for seven parking spaces east (CVC 22507 and Gonzales Resolution 2015-10)
VII. Time Limited Parking Zones (20 minutes) – GREEN curb markings or signage:
1. Five parking spaces in front of the Post Office on Belden Street
2. Five parking spaces in front of the Post Office on Fourth Street
3. One parking space in front of 18 Fourth Street (Gonzales Pharmacy)
4. Three parking spaces in front of 147 Fourth Street (City Hall) VIII. Two-Hour Parking 8:00 am to 6:00 pm except Saturdays, Sundays, and holidays:
1. West side of the 100 and 200 block of Alta Minor along the median strip
2. East and west sides of the 300 and 400 blocks of Alta Minor
3. East and west sides of the 300 and 400 blocks Belden Street
4. North side of the 100 block of Fourth Street
5. North and south sides of Fourth Street between Alta Minor and Belden Street except five spaces at City Hall and five spaces at Post Office (20 Minute parking) IX. Other Parking Restrictions:
1. No Parking from 7:00AM to 4:00PM on school days along the north and south sides of the 500 block of Fifth Street in front of Gonzales High School
2. No Parking around City parks when marked from 8:00PM to 6:00AM
3. Four parking spaces, No Parking except Police vehicles on the east side of Belden Street north from Fourth Street
Packet Pg. 154 Attachment: Updated Parking Regulations (3110 : Updated Parking Regulations) City of Gonzales
PUBLIC WORKS / CITY ENGINEER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: October 7, 2024
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, City Manager
SUBJECT: Report on the Street Maintenance Program
RECOMMENDATION
It is recommended that the City Council Receive a Status Report on the Street Maintenance Program.
BACKGROUND
This staff report is intended to inform the City Council and Gonzales residents that maintenance of the City streets require more funding than is currently available from the various funding sources.
The City has approximately 20 centerline miles of paved streets which are divided into the following roadway classifications:
Roadway
Classification
Centerline
Miles
Lane
Miles
Percent of
Street
Network
Arterial 2.89 5.78 14%
Collector 1.12 2.24 6%
Local 16.36 32.72 80%
Total = 20.37 40.74 100%
The City’s streets are among its most valuable assets, with a replacement cost of exceeding $200M.
AGENDA
ITEM
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The City uses a Pavement Management Program (PMP) to plan roadway maintenance efforts based on available funding. A PMP is a decision-making tool that assesses and tracks existing and historical pavement conditions, and it is used to make cost-effective decisions about pavement rehabilitation treatments for the City’s roadways. Efforts associated with a PMP are:
• Meet with City staff to discuss recent work on City streets, on-going maintenance efforts and planned resurfacing projects
• Update the pavement network inventory
• Perform pavement condition surveys
• Update maintenance records (e.g. recently resurfaced streets) • Update maintenance and rehabilitation decision tree and associated costs • Perform budgetary analyses and determine funding needs, and • Prepare a final PMP report documenting the results of the update.
The condition of the pavement is measured in terms of Pavement Condition Index (PCI) and is based on the level of distress observed. The observed condition is used to determine the PCI for each road section and to rate the condition of the pavement sections on a scale from 0 to 100, with higher values indicating better condition. The most recent PMP was prepared in May 2020 and staff has requested a proposal from a consultant to update the PMP. As of May 2020, the overall PCI of the City’s streets was 54, which is a "Good" rating. The 2020 PMP Report stated the City should budget $850,000 each fiscal year to maintain a PCI of 54.
Recent street resurfacing projects include:
• In 2018, the City reconstructed the entire length of Alta Street. Funding for the $5.2M project included a $2.5M loan from TAMC that is being repaid with annual Measure X allocations to Gonzales (three years away from paying it off). Another $492,000 is owed to Fund 421 as a loan was pulled from there to complete the project.
• In 2020, the City reconstructed the sections of Gloria Road and Tavernetti Road within the City as part of the joint project with the County of Monterey wherein a five mile stretch of Gloria Road, Iverson Road and Johnson Canyon Road was reconstructed. The City’s portion of the contract was funded with several years of SB-1 monies totaling approximately $600,000. • In September 2022, a Slurry Seal project that treated numerous streets in various neighborhoods was performed. The project cost $450,000 from various sources including Street funds, Measure K, TAMC Regional Surface Transportation Program, and Assessment Districts.
REVIEW & ANALYSIS
Funding for roadway maintenance projects come from the following sources:
1. State Gas Tax – The City will receive approximately $235,000 in gas tax funding in FY2024/25 that pays Public Works time, maintenance supplies, street lighting, and other expenses. Gas Tax revenues continue to decrease due to the increase in electric vehicles that aren’t charged for use of public roadways. The current gas tax budget has no funding for capital improvements
2. TAMC Measure X – the City’s allocation from TAMC’s Measure X this fiscal year is $290,000.
This funding continues to pay back the City’s loan for the Alta Street Reconstruction Project.
The loan is expected to be paid off in approximately three years
3. TAMC Regional Surface Transportation Program – The City receives approximately $53,000 every three years from TAMC under the Regional Surface Transportation Program (RSTP) Packet Pg. 156
4. Senate Bill 1 - The City expects to receive approximately $226,000 in SB-1 funding for FY 2024/25
5. Assessment Districts – The Benefit Assessment Districts for the Canyon Creek and Cipriani subdivisions and the Industrial Business Park provide funding for street maintenance efforts in those respective neighborhoods.
Grant funding opportunities -
• Last February, staff collaborated with Caltrans Planning staff and submitted a grant funding request to Caltrans Headquarters to pay for the preparation of a Project Initiation Document for improvements at the US101/Fifth Street Bridge
• The City is receiving $250,000 in Safe Routes to School (SR2S) funding from TAMC to design and construct pedestrian safety improvements on Fifth Street. The Gonzales SR2S Steering Committee developed a list of projects for residents to vote and constructing pedestrian safety improvements along the section of Fifth Street between Rincon Road and the US101/Fifth Street Bridge was the top ranked project and was approved at the August 19, 2024 City Council meeting.
• The City is collaborating with the Monterey County Health Department and will receive $40,000 from the Office of Traffic Safety for crosswalk lights to be installed on Fifth Street and two lighted stop signs. In addition, the grant will provide funding for bicycle helmets and pedestrian safety workshops and trainings.
Next steps include:
• Continue to seek grant funding for street improvement projects. • Engage Harris Associates to update the City’s Pavement Management Program. • Determine how to fund the implementation of the Fifth Street Truck Ban. Need to install directional signs on US101 and City streets. Staff will send letters to the facilities in the Industrial Business Park requesting they make the long-haul truck drivers aware of the truck ban.
Need to connect with wayfinding applications to include Fifth Street Truck Ban. • Engage MNS Engineers to prepare bid documents to resurface two blocks of Fourth Street. • Engage MNS Engineers to prepare bid documents for pedestrian safety improvements on Fifth Street between Rincon Road and the US101/Fifth Street Bridge.
As mentioned, this report is intended to inform the City Council and Gonzales residents that maintaining the City’s streets requires significantly more funding than is currently available from the various funding sources. Staff will present several consultant agreements at upcoming Council meetings to advance the mentioned projects.
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: Performing maintenance on City streets supports our vision of preserving the City’s infrastructure.
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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: Maintaining the City’s street network enhances the community’s quality of life.
City services will be delivered in a cost-effective, respectful and friendly manner to insure the safety and well being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. X Yes ____No ____ N/A Explain: See Vision explanation above.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing X Yes No N/A
• Recreation X Yes No N/A
• Environment X Yes No N/A
• Education X Yes No N/A
Explain: See Vision above.
ALTERNATIVES
There are no alternatives to this staff report beyond providing comments and direction to staff.
BUDGET IMPACT
There is no direct budget impact to receive and this report and provide input
CONCLUSIONS
It is recommended that the City Council Receive a Status Report on the Street Maintenance Program Attachments:
1. Streets and Roads Powerpoint Presentation
Packet Pg. 158
GONZALES’ STREETS AND ROADS
Packet Pg. 159 Attachment: Streets and Roads Powerpoint Presentation (3116 : Street Maintenance Conditions
Unfunded Needs
Costs
Plan
Next Steps
Packet Pg. 160 Attachment: Streets and Roads Powerpoint Presentation (3116 : Street Maintenance Recent major projects:
Entire length of Alta Street was reconstructed in 2018. Project cost $5,200,000 and was funded through a $2.5M loan against the city’s annual allotment from TAMC’s Measure X. City still owes $900,000 (3 years away from paying off the loan). $492,000 are also owed to fund 421as a loan was pulled from there to complete the project.
Gloria Road was reconstructed in 2020 as part of a joint project with Monterey County and SVSWA. City’s portion of project was funded with several years of SB- 1 monies. The City contribution was $600,000. The project total was $5,600,000.
Other street projects:
A slurry seal contract was completed in 2021 for streets in various neighborhoods. This $500,000 project was funded with assessment district monies, city street funds, a Measure K allocation and TAMC RSTP monies. In 2022 the city’s insurance carrier provided approx. $7,500 to engage a contractor to grind sections of raised sidewalks down.
City PW staff performs as needed storm drain and pothole repairs.
Packet Pg. 161 Attachment: Streets and Roads Powerpoint Presentation (3116 : Street Maintenance The City has approximately 20 centerline miles of paved streets. Many of them need to be resurfaced or reconstructed.
City streets are among our most valuable assets, a full replacement would cost approx. $200 million dollars.
The 2020 Pavement Management Program (PMP) recommended that the city budget at least $850,000 each fiscal year to maintain the condition of the roads. Additional funding is needed to improve the status of the streets.
Packet Pg. 162 Attachment: Streets and Roads Powerpoint Presentation (3116 : Street Maintenance SB 1
$226,000 has been allocated towards resurfacing the first block of Fourth Street. City will also use $53,000 in RSTP funding for this work.
Safe Routes to Schools
$250,000 has been awarded towards pedestrian safety improvements along Fifth St. from the US101 Bridge to the Community Center site.
Office of Traffic Safety Grant
Partnered with Health Department to get $40,000 to support the purchase of 2 lighted stop signs, and a lighted crosswalk that will go on Fifth St. Funding will also support pedestrian safety education and trainings.
Truck Ban
Industrial facilities will be noticed and will be asked to have their drivers use Gloria Rd. or the North Alta interchange.
Funding source being sought out to pay for the signage that needs to go on the Freeway.
Update the Pavement Management Plan (PMP)
Harris and Associates will be contracted to update the City’s PMP. Packet Pg. 163 Attachment: Streets and Roads Powerpoint Presentation (3116 : Street Maintenance • Send Fifth Street Truck Ban Notices to facilities in the Industrial Business Park
• Continue seeking grant funding
• Award Contract to update the Pavement Management Program • Generate a list of priority streets/areas
• Bid out the work for Fourth St.
• Work with Consultant to prepare bid documents for the work on pedestrian safety improvements for Fifth St. between Rincon Rd. and the US 101 Fifth St. Bridge.
Packet Pg. 164 Attachment: Streets and Roads Powerpoint Presentation (3116 : Street Maintenance • If Measure S were to pass, the City would receive approx. $800,000 in general fund monies
• A portion of funding could be used for road work
• An Oversight Committee would be formed to dictate how the funding gets allocated
• If it does not pass, we have to rely on what we have now, which means our streets and roads will continue to deteriorate making the work more costly in the future
Packet Pg. 165 Attachment: Streets and Roads Powerpoint Presentation (3116 : Street Maintenance