Agenda packet — Gonzales City Council, October 7, 2024 (part 1 of 2)

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

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A G E N D A

JOINT MEETING OF THE

GONZALES CITY COUNCIL, SUCCESSOR AGENCY, AND

GONZALES PUBLIC FINANCING AUTHORITY
CITY COUNCIL CHAMBERS – 117 FOURTH STREET
GONZALES, CA 93926
MONDAY, OCTOBER 7, 2024
6:00 P.M.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

1. ROLL CALL- City Council/Successor Agency/Public Financing Authority Board Members Mayor Pro Tem/Vice Chair Scott Funk, Council/Agency Member Liz Silva, Council/Agency Member Lorraine Worthy, Council/Agency Member Maria Orozco, Mayor/Chair Jose L. Rios
Successor Agency Item
 Financing Authority 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]

BUSINESS FROM THE PUBLIC

2. Business from the Public not on the Agenda; any member of the Public may address the Council/Agency for a period not to exceed three minutes on any subject not on the Agenda. The Council/Agency will listen to all communications but may take no action. *
Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall located at 147 Fourth Street, Gonzales, California, during normal business hours.

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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.

3. Approve the Joint City Council, Successor Agency, Successor Housing Agency, Electric Authority, and Municipal Electric Utility Boards - Regular Meeting - September 16, 2024 Minutes

4. Approve City Accounts Payable Warrants #50808-50911

5. Consider Closure of City Offices for the Winter Holidays

6. Accept the 2024 Annual Public Financing Authority Report

7. Approve and Authorize the City Manager to Sign a Property Access Agreement Between the City of Gonzales and the Resource Conservation District of Monterey County for the Establishment, Access, and Upkeep of a Pollinator Garden at the Community Garden Site

8. Consider Renewal of a Three-Year Lease Agreement Between the City of Gonzales and the Mexican American Opportunity Foundation for the Property Located at 225 Elko Street with an Option to Extend the Lease at a New Monthly Rate for an Additional Two-Year Term, Following Expiration of the Initial Term (October 31, 2027)

9. Consider Approval and Authorize the City Manager to Sign a Memorandum of Understanding Between the City of Gonzales and Hartnell College Foundation for Support and Engagement in the Youth Ambassador Pilot Program – Student Opportunity and Achievement Rising Across the Salinas Valley (S.O.A.R); and Accept a $10,000 Grant to Offset Participation Costs

10. Consider Approval of Resolution No. 2024-59, A Resolution of the City Council of the City of Gonzales Authorizing Task Order #3 Under a Master Service Agreement with MNS Engineers for Environmental Monitoring Services During Construction of the Industrial Wastewater System

11. Consider Approval of Resolution No. 2024-60, A Resolution of the City Council of the City of Gonzales, Authorizing the City Manager to Execute Agreements and/or Proceed with Services from Various Consultants to Secure an Interim Loan for Construction of the Industrial Wastewater System

12. Consider Approval of Resolution No. 2024-61, A Resolution of the City Council of the City of Gonzales Authorizing the City Manager or Public Works Director to Submit a Financial Assistance Application to the State Water Resources Control Board for the Planning and Design of the Wastewater Treatment Plant Improvement Project

REGULAR AGENDA

13. Consider Approval of a 25-Year Lease Agreement with Legacy Sign Company for the Construction and Use of 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 a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Approve the Lease Agreement

14. Possible New Regulations Concerning Encampments on Public Property a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Provide direction to staff with guidance on the preparation of desired regulations on encampments on public property in the City *

Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall located at 147 Fourth Street, Gonzales, California, during normal business hours.

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15. Updated List of Parking Regulations
a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Review the updated list of Parking Regulations and provide feedback and direction to staff

16. Street Maintenance Program Status Report

a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Receive the report

GONZALES YOUTH COUNCIL UPDATES

17. Oral Communications

BUSINESS FROM CITY COUNCIL

18. City Council Board/Committee Reports
a. Transportation Agency for Monterey County
b. Mayor Selection Committee
c. Salinas Valley Recycles
d. Measure K Oversight Committee

19. Oral Communications

BUSINESS FROM CITY MANAGER

20. 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/Public Financing Authority Regular Meeting Agenda was posted at City Hall, Council Chambers, and on the City’s website by Thursday, October 3, 2024, at 5:00 p.m. 10/03/24
Mary Villegas Date

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MINUTES

JOINT MEETING OF THE

GONZALES CITY COUNCIL

GONZALES SUCESSOR AGENCY,

GONZALES SUCCESSOR HOUSING AGENCY,

GONZALES ELECTRIC AUTHORITY BOARD,

GONZALES MUNICIPAL ELECTRIC UTILTY BOARD
MONDAY, SEPTEMBER 16, 2024
5:30 P.M.

CALL TO ORDER
The meeting was called to order at 5:30 PM by Mayor Jose L. Rios.

PLEDGE OF ALLEGIANCE
Mayor Pro Tem Funk led the flag salute.

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

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 Esthela Palmerin, Public Works Director/City Engineer Patrick Dobbins, Fire Chief Jason Muscio, and Police Chief Keith Wise.
* Successor Agency Item
 Successor Housing Agency/Electric Authority/Municipal Electric Utility Item Packet Pg. 4
Minutes Acceptance: Minutes of Sep 16, 2024 5:30 PM (CONSENT AGENDA) AGENDA
ITEM
3

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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.

There was none.

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.

The Council conferred with its real property negotiator and provided direction. No other reportable action taken.

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.

The Council conferred with its Attorney and provided direction. No other reportable action taken.

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.

The Council conferred with its Attorney, rejected the claim, and provided direction. No other reportable action taken.

PRESENTATIONS

5. City Park Concept
Public Works Director Dobbins introduced Jean Salcido and a Gonzales Youth Guardian who were going to present information on the proposed City Park. He showed an image with a location showing a City property at South Belden Street and C Street, across the slough from the Corporation Yard.

Silvester, from the Gonzales Youth Guardians, explained the need for this park and what it meant to a lot of the people that reside in that area. He mentioned a lot of kids went there to play in that area but it was very unsafe. He elaborated on the reasons, the different amenities they were Packet Pg. 5
Minutes Acceptance: Minutes of Sep 16, 2024 5:30 PM (CONSENT AGENDA)

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planning on having there, making it a safe place for kids to play, and everybody wanting to come together to make this happen to help beautify Gonzales.

Jean Salcido elaborated on how this idea came about and was introduced by middle school boys who came knocking on her door asking to play basketball in her backyard, and her home being a safe house for the youth before covid. She said the majority of the boys came from the apartment complex from the south side of Gonzales.

City Manager Gil mentioned that staff was trying to show an aerial image that showed the layout of the site but couldn't show it because the technology wasn’t working, but staff would share it to the Council later.

The Council and staff engaged in questions regarding grants, agreements, and architectural plans.

Since this was a presentation, the Council directed staff to bring this back as an agendized item so it can be discussed and receive public comment.

There was about two-minute break after this item to restart the technology system since staff could not share presentations online.

BUSINESS FROM THE PUBLIC

6. 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.

Daniel Gutierrez, 1614 Spumante Way, expressed his concerns about the potential illegal parking not only in the Canyon Creek Subdivision, but all over town. He elaborated on the 863 vehicles in that neighborhood parked on the street, the driveways, or on the grass; vehicles blocking all 28 access ramps; safety concerns for everyone walking between cars; and commended the Police Department for responding quickly to a call for a blocked fire hydrant. He suggested painting the full area of access ramps, and asked for consideration on this issue.

CONSENT AGENDA

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
Packet Pg. 6
Minutes Acceptance: Minutes of Sep 16, 2024 5:30 PM (CONSENT AGENDA)

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Council Member Worthy pulled Item 8, and Council Member Silva pulled Item 16.

Council Member Worthy asked about Warrant #50759 for C4 Consulting and asked if the amount of $14,000 was over a period of time.

City Manager Gil responded yes, it was for Michelle Slade's consulting services which she billed every six months, and it was a group of invoices.

Council Member Worthy also asked about Warrants #50794 and #50797 and assumed they were credit cards. She asked if staff could send those to her to look at.

Council Member Silva asked for clarification on Item 16 regarding the SRO, she asked if the school was going to be invoiced for their portion by the City, and if the liability was 100% for the City in the event the SRO became injured while addressing something at one of the school sites.

City Manager Gil responded yes. She informed this had been in existence for many years and it was a great partnership between the School District and the City where the School District reimbursed the City for half of the SRO position, and the City would invoice the district yearly.

In regards to the liability, Police Chief Wise responded the City would bear the complete burden of any injury that may happen as they would any officer anywhere in the City.

Council Member Silva felt it was too bad we couldn't build something in there towards the workers comp costs just in the event that an officer was injured on duty.

City Manager Gil responded staff could look into that to see if others have similar agreements, and it was in our favor to address any issues that were happening at the school that we could prevent to come out to the community, so this agreement was a good thing for the City but staff could look into that.

Council Member Silva expressed her total support of an SRO which was an asset to our community.

Mayor Rios asked if we were currently at full staff at the Police Department. He said that would be his only concern.

Police Chief Wise responded they were currently down two positions, one of them was in the academy and would be graduating in January, so that would technically bring them down one position, but the SRO helped out considerably, not just at the school but as a backup officer to supplement our patrol.

City Manager Gil responded that this was just bringing the agreement current. She mentioned this had already been established for many years, but we were bringing it current because the School District was also wanting to ensure that they had access to the SRO on site, and to continue to be a partnership between the School and the City.

Police Chief Wise informed of the statistics for FY 2023-2024. For the High School, there were 100 calls for service and 62 were handled by the SRO; for Fairview Middle School, there were 100 calls for service and 55 were handled by the SRO; for La Gloria School, there were a total of 90 calls and 70 were handled by the SRO.

Packet Pg. 7
Minutes Acceptance: Minutes of Sep 16, 2024 5:30 PM (CONSENT AGENDA)

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RESULT: APPROVED [UNANIMOUS] Consent Agenda Items 7-16
MOVER: Liz Silva, Council Member
SECONDER: Maria Orozco, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco

REGULAR AGENDA

17. Community Center Construction Update
Staff Report: Public Works Director Dobbins and Harris & Associates Project Manager Luis Flores presented the progress report. Luis Flores also thanked Council Members Worthy and Silva for stopping by the project, as well as Fire Chief Muscio for helping with all the fire inspections.

Public Comment: None.

The Council received the update. No action required.

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 Staff Report: Fire Chief Muscio presented the staff report.

Public Comment: None.

RESULT: APPROVED [UNANIMOUS]
MOVER: Scott Funk, Mayor Pro Tem
SECONDER: Lorraine Worthy, Council Member
AYES: Jose L. Rios, Scott Funk, Lorraine Worthy, Maria Orozco ABSENT: Liz Silva, Council Member, was not part of this item since she had to step out of the room for a bit.

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
Staff Report: City Attorney Rodriquez presented the staff report.

Public Comment: None.

RESULT: APPROVED [UNANIMOUS]
MOVER: Scott Funk, Mayor Pro Tem/Vice Chair/Vice President SECONDER: Liz Silva, Council/Agency/Board Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco Packet Pg. 8
Minutes Acceptance: Minutes of Sep 16, 2024 5:30 PM (CONSENT AGENDA)

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GONZALES YOUTH COUNCIL UPDATES

20. Oral Communications
Youth Commissioners Cardenas and Mendez reported on how the GYC interviews went, announced the GYC Orientation on September 21st from 9:00am - 2:00pm, and their first Youth Council meeting on September 26th.

BUSINESS FROM CITY COUNCIL

21. City Council Board/Committee Reports
a. League of California Cities Monterey Bay Division
No report.
b. Association of Monterey Bay Area Governments
Mayor Pro Tem Funk reported on AMBAG staff continuing to move forward with projects and programs.
c. Monterey Salinas Transit
Council Member Worthy reported on the employee of the month recognition for Dalia Lopez who drove the Line 23, and what she did to help with a drug overdose incident. She also reported on the ratification of the contract with Enterprise for the van pools through 2026; South County on call services being discontinued in December; discussion on MST Circulators; and approval of the Surf Project bus way permit.

22. Oral Communications
Council Member Orozco reminded folks about the St. Theodore's Church Carnival on October 6 th
.

Mayor Pro Tem Funk also shared with respect to public comment tonight regarding the number of vehicles parked on the streets, which had been brought up in his neighborhood as well by a couple of residents. He liked the idea that was brought up about painting the ramps since it would also make it easier for officers and he understood it would be an additional cost, but maybe this could be a strategy for us to consider, and it would be great if staff could look at options and see what's possible.

Council Member Silva talked about the time she and Council Member Worthy spent as part of the City beautification and service commitment to the American Legion Auxiliary on Saturday morning, where they walked for a few hours on two of our main streets, and they collected about 40 to 50 pounds of trash. She encouraged people to get out and spend a couple of minutes to help with their area. She also gave a shout out to the Gonzalez Knights for their fundraiser on Saturday afternoon who went through challenges with the people they contracted to provide the food in a timely manner but hoped that didn't reflect on this group's efforts to raise funds.

Council Member Worthy mentioned the group lost money on the fundraiser but asked if anyone could donate to the Knights who worked really hard on Saturday. She also said they would do the clean up again on the 28th and if anyone would like to help out, they were welcome to join them.

She gave a shout out to Maury Treleven for providing the vests, gloves and tools from Tri-Cities.

She also talked about the Community Garden where she noticed a father and a son there, and also Connie Arellano who were pulling weeds. She informed there would be areas that would be labeled. She was sad to see someone picked some tomatoes and left them there but asked people to give them to someone who needed food instead of leaving them there. She reminded everyone Packet Pg. 9
Minutes Acceptance: Minutes of Sep 16, 2024 5:30 PM (CONSENT AGENDA)

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this was something new and we were learning but it would get better. She also thanked Corporal Castillo for being instrumental in helping Mr. Gutierrez who had some issues. She also said she was getting really diligent and she was going to start reporting some things that she sees, and one of the things are expired licenses on vehicles. She also asked about Measure S coming up in November, if there was a group of any kind that we knew of that was working on that project.

Mayor Rios asked if they could go out and hand out flyers as an individual, and say nothing about it, but just giving them to people.

City Attorney Rodriquez responded as long as the flyers were produced by him, not the City.

City Manager Gil responded there were individuals that were working to support the measure, but the City was continuing to provide information and education and resources out for folks. She added that the FAQs in the survey hit mailboxes last week sometime, and we've received a good number of phone calls asking and trying to understand the measure, as well as people who did not want to raise taxes.

Mayor Rios said he wanted to share again since Mayor Pro Tem Funk and Council Member Orozco were not at the last Council meeting, that he believed if there was success in passing Measure S, we need to start setting aside real money for helping folks with a potential down payment on a new house. He said this was just food for thought for the Council to think about and he would like to bring that up for more robust discussion at a future council meeting. He also asked for a presentation from the Monterey County Air Board regarding the stench that had been percolating out of the M&M Dairy. He knew they had a right to farm project which was creating fertilizer for our local farming community, but there were days that the stench was so bad, so he would like to hear from the Air Board and if there was anything that we could do about the air quality. He also felt Mr. Gutierrez’s pain and the number of parked vehicles were not going to get better if we were adding ADUs. He also shared his concern on the amount of vehicles from the apartments on South Alta Street that were parked along the Southern Pacific Railroad property.

He shared information about a lady that came before the Council before mentioning she was willing to pay for additional parking permits and she had talked about people choosing the garages for storage areas instead of parking vehicles. He also talked about commercial trucks blocking sidewalks. He felt we had to begin to do something about it and he was ok with issuing parking permits. He would like for staff to review that and see what our options were.

Mayor Pro Tem Funk remembered that person who went out and did some polling and a couple of Cities in the peninsula had something similar, so maybe we can provide direction to staff to potentially investigate this and bring back.

City Manager Gil asked for clarification if they wanted staff to conduct a poll to see how the community would feel about permitted parking.

Mayor Pro Tem Funk suggested to start looking at what other communities are doing.

Mayor Rios also asked City Attorney Rodriquez if that would be feasible and what would that entail because if it was going to entail lots of legal time, it would be a challenge.

City Attorney Rodriquez mentioned staff can bring something back.

Packet Pg. 10
Minutes Acceptance: Minutes of Sep 16, 2024 5:30 PM (CONSENT AGENDA)

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BUSINESS FROM CITY MANAGER

23. Oral Communications
City Manager Gil reported on Public Works staff getting information on what the cost would be to take all the trees down on Alta Street, and keeping in mind this was just to take the dead trees out.

She informed the cost was $18,000 and there were 46 trees. On another note, she informed she would be at the 3CE meeting this Wednesday and Thursday. She also announced the Community Health Day at Central Park on October 12th from 11:00am – 2:00pm, and invited the entire community to attend the event which would consist of a flu clinic, food giveaway, activities and resources. In response to the odor going on, she informed that Chief Muscio would be looking into that as we were getting some reports from the public as well.

In regards to parking enforcement and concerns in the City, Police Chief Wise shared that from January 1, 2024 to today, the Police Department had issued a total of 240 parking citations; 49 were for 72-hour violations, 78 for registrations, 24 for parking on sidewalks, 18 for parking unlawful or double parking, 10 for blocking driveways, and 61 other citations for parking in a red zone, fire lane, fire hydrant, disabled, etc. He added that officers were out there enforcing regulations.

Mayor Pro Tem Funk mentioned that was an unfortunate number, and thanked him for the update and said officers were always great about showing up and taking care of a blocked sidewalk, etc.

ADJOURNMENT
RESULT: APPROVED [UNANIMOUS]
MOVER: Liz Silva, Council Member
SECONDER: Scott Funk Mayor Pro Tem
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco The meeting was adjourned at 7:35 PM.

ATTEST:

Mary Villegas, Deputy City Clerk
Packet Pg. 11
Minutes Acceptance: Minutes of Sep 16, 2024 5:30 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: 2:04 pm
Date: 10/01/2024
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
50808 09/04/24 Printed SWINERTON SWINERTON BUILDERS PM Services April 1, - May 31, 2024 3,880.75 50809 09/13/24 Printed 4343 4LEAF, INC. Building Official Inspection Services. 8,312.60 50810 09/13/24 Printed 1922 A & G PUMPING, INC. Porta Potties 342.50 ABAG PUBLICLY OWNED 2,118.05
ENERGY
50811 09/13/24 Printed 256 Levelized Nat Gas Charges
ALVAREZ TECHNOLOGY 9,263.03
GROUP, INC.
50812 09/13/24 Printed 3893 Incode
50813 09/13/24 Printed 137 AMERICAN SUPPLY CO. Janitorial Supplies 1,018.28 50814 09/13/24 Printed 911 ANDREWS BLUEPRINT INC Scanned Plan Sheet 303.72 ARMANASCO PUBLIC 5,000.00

RELATIONS,
50815 09/13/24 Printed 3284 Public Relations Support
50816 09/13/24 Printed 341 PATRICK ASKEW Retiree Medical Insurance Benefit - Sept 361.00 2024
50817 09/13/24 Printed 86 AT&T CalNet Services 1,316.42 50818 09/13/24 Printed 3168 AUTOZONE INC. Antifreeze. Hose Clamp 353.09 50819 09/13/24 Printed 3805 BADGER METER INC. August Services 443.85 50820 09/13/24 Printed 4260 BLACKTHORNE SPAS LLC Sodium Bicarbonate Bag 386.68 50821 09/13/24 Printed 3526 BRYAN EQUIPMENT CO. Parts 180.03 50822 09/13/24 Printed 770 CARLOS ALBERTO ESQUIVEL Cleaning Services 500.00 CHALLENGER TEAMWEAR 1,208.74
LLC
50823 09/13/24 Printed 3984 Youth Soccer League - Socks 50824 09/13/24 Printed 1094 CHICAGO TITLE COMPANY Title Documents 2,000.00 50825 09/13/24 Printed 212 CITY OF GONZALES Utility Bills 6,540.01 50826 09/13/24 Printed 4373 CORE & MAIN LP Parts 563.39 50827 09/13/24 Printed 1821 CSK AUTO, INC. Oil Filter 32.39 50828 09/13/24 Printed 3028 D & J TIRE SERVICE Maint. & Repairs 453.13 DE LAGE LANDEN PUBLIC 26,014.00

FINANCE
50829 09/13/24 Printed 2895 Solar Lease #1 Pmt
50830 09/13/24 Printed 3348 EAST BAY TIRE CO Tires 718.88 50831 09/13/24 Printed 1771 EMPLOY AMERICA Janitorial Services 1,315.56 FERGUSON ENTERPRISES, 277.98
INC 1423
50832 09/13/24 Printed 593 Parts
50833 09/13/24 Void 09/13/24 Void Check 0.00
GONZALES ACE HARDWARE 451.39
INC.
50834 09/13/24 Printed 3274 Animal Kennel Cleaning Supplies 50835 09/13/24 Printed 118 GONZALES RX PHARMACY First Aid Supplies 33.44 GONZALES TIRE & AUTO 55.40
SUPPLY
50836 09/13/24 Printed 3477 Grease - Crimson
50837 09/13/24 Printed 2599 YSAURO GONZALES Cleaning 452.25 50838 09/13/24 Printed 2917 GRANICUS, INC. Agendas & Minutes 6,188.24 50839 09/13/24 Printed 2215 HINDERLITER, DE LLAMAS & July - Sept 2024 Sales Tax 2,411.80 50840 09/13/24 Printed 3485 INFOSEND, INC. Utility Bills and Inserts 3,275.96 50841 09/13/24 Printed 2686 DAVID & DONA LLOYD After Hours Phone Service 105.00 50842 09/13/24 Printed 72 MISSION UNIFORM SERVICE City Hall Mats 883.62 50843 09/13/24 Printed 3970 MNS ENGINEERS, INC. IW System CM Services 24,731.25 MONTEREY COUNTY 50,528.00

EMERGENCY
50844 09/13/24 Printed 470 Quarter 2 Invoice - FY 2024-25 50845 09/13/24 Printed 3787 NEW SV MEDIA Public Notice 313.11 50846 09/13/24 Printed 1583 PIINI REALTY, INC. IW System Appraisals 7,025.00 50847 09/13/24 Printed 4092 RAZZO LINK, INC. Internet Services 85.04 50848 09/13/24 Printed 4424 REVENUE NOW INC. Oil System Cleaner. Engine OIl 585.15 Supplement.
50849 09/13/24 Printed 4467 JUAN CARLOS SANDOVAL 2024 Gonzales Youth Sports Coach 595.00 50850 09/13/24 Printed 2685 SC FUELS Fuel - Acct #0045874 445.02 50851 09/13/24 Printed 2673 SPECTRUM Internet Services - #170001001 513.93 50852 09/13/24 Printed 3445 TELSTAR INSTRUMENTS Instrument Calibration 2,056.00 50853 09/13/24 Printed 3880 THE MAYNARD GROUP Zoom Meetings 284.49 TRANS UNION RISK AND 110.00

ALTERNATI
50854 09/13/24 Printed 3175 TLO
50855 09/13/24 Printed 27 TRI - CITIES DISPOSAL Tonage Fees 68,241.87 50856 09/13/24 Printed 3718 TRINI'S PLUMBING Buildings 869.79 Packet Pg. 12
Attachment: Warrants #50808-50911 (3115 : Approve City Accounts Payable Warrants #50808-50911) AGENDA
ITEM
4 City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 2
Time: 2:04 pm
Date: 10/01/2024
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
50857 Lunch Meeting 09/13/24 Printed 3287 TIFFANY TWISSELMANN 24.36 50858 Drinking Water Treatment Operator 09/13/24 Printed 2260 FRANCISCO VALLADAREZ 255.00 Certification.

VALLEY ELECTRIC MOTOR 8,248.69

SERVICE
50859 09/13/24 Printed 132 Aerator
50860 Battery - P W #4 09/13/24 Printed 99 VOSTI'S, INC. 4,426.59 50861 FSA Fees 09/13/24 Printed 2919 WAGEWORKS 50.00
50862 Comm Center Plan Review Inspection. 09/23/24 Printed 4343 4LEAF, INC. 1,512.50 50863 Monthly Monitoring 09/23/24 Printed 2 ALL - SAFE ALARMS 460.00 ALVAREZ TECHNOLOGY 825.00
GROUP, INC.
50864 It Support 09/23/24 Printed 3893
50865 Phone Service 09/23/24 Printed 4117 AT&T 399.00
50866 Supplies 09/23/24 Printed 3168 AUTOZONE INC. 125.82 CENTRAL VALLEY 95.00

TOXICOLOGY, INC
50867 CVT Drug Testing Case # ZG2400402 09/23/24 Printed 3061 CHALLENGER TEAMWEAR 4,020.75
LLC
50868 Soccer Socks & Jersey 09/23/24 Printed 3984
50869 09/23/24 Printed 212 CITY OF GONZALES Applied Water Deposit 113.99 RIVE-000010-0001-01
50870 IW System Design Services 09/23/24 Printed 3752 DUDEK 13,670.00 GONZALES ACE HARDWARE 95.92
INC.
50871 Fasteners 09/23/24 Printed 3274
50872 First Aid Supply 09/23/24 Printed 118 GONZALES RX PHARMACY 12.37 GONZALES TIRE & AUTO 26.26
SUPPLY
50873 Cleaning Supplies 09/23/24 Printed 3477
50874 Summer Camp Gym Use 09/23/24 Printed 1109 GONZALES UNIFIED SCHOOL 994.93 GREEN VALLEY FARM 158.91
SUPPLY
50875 Water Deposit Refund 09/23/24 Printed 1319
50876 Legal Services 09/23/24 Printed 2818 JARVIS FAY LLP. 9,670.19 50877 Out of Pocket - Lyft Rides 09/23/24 Printed 1965 SANTIAGO MELGOZA 166.60 50878 Fire Mats & Towels 09/23/24 Printed 72 MISSION UNIFORM SERVICE 223.63 50879 Hearing for Ord 24-146 09/23/24 Printed 3787 NEW SV MEDIA 407.54 50880 Comm Center Loan Reporting 09/23/24 Printed 3247 NHA ADVISORS LLC 1,700.00 50881 Utilities - #7607543802-8 09/23/24 Printed 91 P. G. & E. 163.32 50882 Utilities - #0253642905-9 09/23/24 Printed 91 P. G. & E. 5.86 50883 Utilities - #0587403348-2 09/23/24 Printed 91 P. G. & E. 230.48 50884 Utilities - #7686009735-1 09/23/24 Printed 91 P. G. & E. 1,157.34 50885 Utilities - #7787132203-6 09/23/24 Printed 91 P. G. & E. 1,098.42 50886 Electricity Use - #2700551279-6 09/23/24 Printed 91 P. G. & E. 1,989.77 50887 Utilities - #0000603794-9 09/23/24 Printed 91 P. G. & E. 585.17 50888 Utilities - #6848475965-6 09/23/24 Printed 91 P. G. & E. 5.83 50889 Utilities - #4182535966-8 09/23/24 Printed 91 P. G. & E. 157.76 50890 Citation Management 09/23/24 Printed 3821 PASSPORT LABS, INC. 114.82 50891 IW System Appraisals 09/23/24 Printed 1583 PIINI REALTY, INC. 7,000.00 PUBLIC AGENCY 506.71

RETIREMENT
50892 PARS Admin Fees 09/23/24 Printed 3194
SALINAS VALLEY PRO 3,486.46
SQUAD
50893 Uniforms 09/23/24 Printed 2979
50894 Fuel - Acct #0045874 09/23/24 Printed 2685 SC FUELS 487.30 SCHAAF & WHEELER, 10,727.50

CONSULTING
50895 Vista Lucia Cost Estimating 09/23/24 Printed 3894 50896 Monthly Landscape - Maint September 09/23/24 Printed 2449 SMITH & ENRIGHT 6,893.25 2024
THE SPCA OF MONTEREY 2,845.00
COUNTY
50897 09/23/24 Printed 1890 Animal Services
50898 Finance System Conversion 09/23/24 Printed 2192 TYLER TECHNOLOGIES, INC. 4,160.00 50899 Various Charges - CG 09/23/24 Printed 3577 U.S. BANK 2,984.98 #4866-9100-0387-0495
50900 Various Charges - JM 09/23/24 Printed 3577 U.S. BANK 199.00 #4866-9145-5550-8537
50901 various Charges -PD 09/23/24 Printed 3577 U.S. BANK 146.30 #4866-9100-0315-7356
50902 Various Charges - 09/23/24 Printed 3577 U.S. BANK 4,777.67 #4866-9100-0315-7380
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Attachment: Warrants #50808-50911 (3115 : Approve City Accounts Payable Warrants #50808-50911) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 3
Time: 2:04 pm
Date: 10/01/2024
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
UNITED WAY OF MONTEREY 5,000.00
COUNTY
50903 211 Services 09/23/24 Printed 63
50904 BBQ Grill Deposit Refund 09/23/24 Printed 4470 ICELA VALDEZ 100.00 50905 Cell Phones - #742128049-00001 09/23/24 Printed 3471 VERIZON WIRELESS 304.08 50906 Equipment Rental 09/23/24 Printed 4468 911 SAFETY EQUIPMENT LLC 1,018.00 50907 Overhead Power Line Repair 09/23/24 Printed 4469 HZ ELECTRIC 780.00 50908 Polo Shirts-YPC Manager/Asst Manager 09/23/24 Printed 2396 MANDEGO APPAREL 478.72 50909 Claim# GHC0051406 09/23/24 Printed 22 MONTEREY BAY AREA SELF 16,911.55 50910 09/23/24 Printed 4368 CRAIG SHINMURA NORMAN Aquatics - Lifeguard Training 275.00 50911 Parent/Child Swim Lessons 09/24/24 Printed 4471 DANIELA GOMEZ 40.00 Total Checks: 104 Checks Total (excluding void checks): 365,458.17 Total Payments: 104 Bank Total (excluding void checks): 365,458.17 Total Payments: 104 Grand Total (excluding void checks): 365,458.17 Packet Pg. 14
Attachment: Warrants #50808-50911 (3115 : Approve City Accounts Payable Warrants #50808-50911) City of Gonzales

CITY MANAGER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: October 7, 2024
FROM: Carmen Gil, City Manager
SUBJECT: Closure of City Offices for Winter Holidays

RECOMMENDATION
Staff recommends the City Council authorize the City Manager to close City offices from December 24, 2024, through January 1, 2025.

BACKGROUND
The Christmas holiday falls on Wednesday this year. The approved holiday schedule lists Christmas Eve, Christmas Day, and New Year’s Day. December 26, 27, 30, and 31 would be normal workdays.

Scheduling staff holiday vacation days can be a challenge given the small staff at City Hall.

The last few years, City Hall has been closed the week between Christmas and New Year’s Day without much inconvenience to the public. Utility due dates were changed, and the public was notified.

Employees have taken vacation time off during previous closures. Emergency services and shift employees remained on the job during office closures.

When staff requests City Hall closure, the Police Department office is also closed.

REVIEW AND ANALYSIS
Staff scheduling would be greatly improved if everyone is able to take holiday vacation at the same time.

Some employees will use compensation time earned for overtime, while others will use vacation time for the four days requested this year. Sick time will not be allowed.

AGENDA
ITEM
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Some staff will take the opportunity to clean and clear files preparing for 2025. Staff will check the main office phone messages daily and respond to inquiries on December 26, 27, 30 and 31.

Public Works standby personnel will handle utility connects and disconnects during this time.

The utility due date would normally be December 24th. Staff moved the due date to Friday, December 20, 2024. This change in normal operations would be communicated on the previous month’s utility bills, and other means of outreach available like the Kiosk program and website.

If the City Council approves this holiday closure, staff will receive notice as soon as possible.

Staff absences on Thursday, January 2, 2025, after a week off, would require a doctor’s excuse.

All City offices would be closed if this is approved. This closure would not affect Police, Fire or Public Works emergency response. This also does not affect holiday recreation programs.

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 approach to the holiday vacation time is centered on a family-friendly work environment. It also supports a reduction of liability of time on the books by encouraging staff to take their vacation time. Staff is still committed to providing quality service.

Explain: This request will not increase cost. This use of resources is a coordinated effort to continue providing excellent services while improving employee vacation scheduling.

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: This program is cost-effective use of employee hours. Vacation time accumulates and there is limited time to coordinate coverage while others maintain core functions. It also helps us reduce liability by encouraging employees to take their accrued time.

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: There is no cost to this program and vital services continue.

ALTERNATIVES
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Alternative 1. The City Council could determine this closure is too disruptive to the public and deny the request. Staff will coordinate holiday vacation requests should this alternative be chosen.

Alternative 2. The City Council could modify the request and maintain some staff at City Hall to keep the doors open. Staff will coordinate efforts should this alternative be chosen.

BUDGET IMPACT
There should be no budget impact for this closure.

CONCLUSION
Staff recommends the City Council authorize the City Manager to close City offices from December 24, 2024, through January 1, 2025.

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City of Gonzales

FINANCE DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: October 7, 2024
FROM: Mike Howard, Finance Director
THROUGH: Carmen Gil, City Manager
SUBJECT: Annual Public Financing Report

RECOMMENDATION
It is recommended that your Council and Board accept the 2024 Annual Public Financing Authority Report.

BACKGROUND
The Authority is in place to facilitate and oversee the issuance of bonds and other financing instruments like Tax Allocation Notes, Private Placement Borrowings, and lease purchases. It is required for the Public Finance Authority Board (PFAB), which is comprised of the City Council as Agency Board Members, to be presented an Annual Report.

REVIEW AND ANALYSIS
The following summary illustrates the City debt and the Gonzales Successor Agency debt as of June 30, 2024:

CITY DEBT Current Amount Original Amount
Solar Lease #1 $604,099.37 $2,697,589.00
Solar Lease #2 897,466.40 1,679,188.88
Water / Sewer Loan 0.00 3,097,025.55
Pool Loan 816,628.00 1,575,000.00
LR BondsCommunity Center 9,825,000.00 9,825,000.00
Total $12,143,193.77 $18,873,803.43
AGENDA
ITEM
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SUCCESSOR AGENCY DEBT
2015 TARB 4,426,942.00 8,206,400.00
2016 TARB 3,434,000.00 5,106,000.00
Total $8,659,981.00 $13,812,400.00
The Fiscal Year 2024-2025 City and Agency Approved Budgets include sufficient resources to honor the debt service obligations. These resources are included in the General Fund, Gonzales Successor Agency Fund (Fund 426), the Water Enterprise Fund (Fund 520), the Sewer Enterprise Fund (Fund 530), and the Solar Project Fund (Fund 550).

Explain: The Annual PFAB Report, while somewhat of a ministerial action, is a significant financial item presented to your Council and Board for review. It supports the Vision, because it provides information on the outstanding debt of the City and Agency necessary to make sure that resources are being allocated prudently.

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: The various debt vehicles used and held by the City and Agency, are important because they allow the construction infrastructure and public improvements necessary to enhance the quality of life. For example, (a) the RDA debt was used to improve the downtown, to develop the Gonzales Agriculture Industrial Business Park, build the new Police Station, share in the cost of the Joint-Use Gymnasium with the School District, and seed the business loan program and lowmoderate housing rehabilitation loan program; (b) the 2005 Private Placement was used to expand the sewer plant and construct the two 3 million-gallon water storage tanks; and (c) the lease financing has been utilized for the City’s solar projects and the rehabilitation of the Gonzales Community Pool.

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: This Report strives to be straightforward and provide the information in an easy-tounderstand manner.

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
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Explain: Please see above.

ALTERNATIVES
Alternatives include not providing the Report, which is not recommended and/or changing the format of the Report.

BUDGET IMPACT
There are no financial impacts as a result of this item.

CONCLUSION
It is recommended that your Council and Board accept the 2024 Annual Public Financing Authority Report.

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City of Gonzales

CITY MANAGER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: October 7, 2024
FROM: Carmen Gil, City Manager
SUBJECT: Property Access Agreement with the Resource Conservation District of Monterey County for the Establishment and Access to a Pollinator Garden at the Site of the Gonzales Community Garden

RECOMMENDATION
It is recommended that the City Council Approve and Authorize the City Manager to sign a Property Access Agreement with the Resource Conservation District of Monterey County (RCDMC) for the establishment, access, and upkeep of a Pollinator Garden at the Community Garden site (Exhibit A). The Community Garden map is attached as Exhibit B.

BACKGROUND
The portion of the parcel where the Gonzales Community Garden now sits has been empty for decades.

The far-left end of the parcel hosts the Skate Park, which was established in 2003, the right end of it has been open green space and was rarely used. The idea of a community garden had been floating around for some time and when City staff members, Blue Zones, Olinga Learning, and Save the Whales got together to discuss the possibility of establishing a community garden, the site stood out as ideal given its central location and proximity to schools and the Vosti Center. Being that the space was not in use and rarely saw activity, the space seemed to be the perfect place to establish a small garden with raised beds that could be easily accessible to the public and that could encourage people to get outdoors and walk around the area, but also be easily removed, if needed. The City Council heard the plan and approved of the concept at their meeting on March 4th.

Being that the project is fairly new, and the community is still getting used to it, there is a need to have it better maintained. Partners from Olinga Learning, Blue Zones, CADRE, Save the Whales and RCDMC stepped in to help get it established. They donated funds, material, and time, but now there is a need to have it better maintained and more coordinated.

AGENDA
ITEM
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As a component of the garden, RCDMC would like to use some of its Community Block Grant monies to help establish a Pollinator Habitat, which they would be responsible for maintaining for a minimum of three (3) years. In order for them to apply some of those grant funds to the project and dedicate their time to it, they are required to have a Property Access Agreement. This Agreement would ensure that they have access to the site to conduct maintenance of the plants and the area; and that they could access the garden at any time they needed as long as they provide notice to the City beforehand.

REVIEW AND ANALYSIS
Adding more plants and flowers in the area would help beautify the space and more importantly, allow a designated entity to help maintain that specific area. This grant would allow them to do that. Therefore, staff believes this Agreement will help further the vision of the community garden and it will help to ensure that there is better maintenance of it. If at any time during the ten-year period that the Agreement calls for the space gets used or designated for something other than a garden, then the Pollinator Habitat would need to be moved elsewhere, RCDMC and the City agree that new plants can be planted near the slough if this were to occur.

Explain: Entering into this Agreement with RCDMC would help further the vision of having a clean, safe and family-friendly community as their work would help us further the vision of the Community Garden while helping to ensure that there is better maintenance of it.

Explain: By supporting this Agreement, the Council can help continue to enhance the quality of life of local residents as there are families who are participating in the upkeep of the garden, and who have found it to be a special place where they can connect with nature and with each other.

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.

Explain: See explanation above.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes No N/A
• Housing Yes No N/A
• Recreation X Yes No N/A
• Environment X Yes No N/A
• Education X Yes No N/A
Explain: Staff believes that this is a great opportunity for the Community Garden as it will provide another area of plants that support the environment and the pollinators we all need. It will Packet Pg. 22
also support the City as additional help to maintain the community garden will be provided by RCDMC as they will be responsible for maintaining the Pollinator Garden for at least three years.

ALTERNATIVES
Alternative 1 – The City Council could determine that they don’t want to enter into the Agreement with RCDMC. This will prevent them from using the grant funds to purchase materials for the garden, and to dedicate their time to the Pollinator Habitat that they plan to establish at the site.

BUDGET IMPACT
This will not impact the budget as the City does not plan to purchase any of the materials to be used.

CONCLUSION
It is recommended that the City Council Approve and Authorize the City Manager to sign a Property Access Agreement with the Resource Conservation District of Monterey County (RCDMC) for the establishment, access, and upkeep of a Pollinator Garden at the Community Garden site (Exhibit A). The Community Garden map is attached as Exhibit B.

Attachments:

1. Property Access Agreement

2. Community Garden Map
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Property Access Agreement

AGREEMENT REGARDING ACCESS TO AND USE OF REAL

PROPERTY IN ORDER TO IMPLEMENT A HABITAT

RESTORATION PROJECT
This agreement is entered into by the Resource Conservation District of Monterey County (RCDMC), and the City of Gonzales (City).

PERTINENT FACTS
A. The City owns certain real property ("the property"), located in Monterey County, California, as shownin Exhibit A, which is incorporated by reference and attached hereto.

B. RCDMC is a Resource Conservation District organized under California Public Resources Code Section 9001 et seq.

C. RCDMC has been contacted by the City to assist in restoring the natural resources and enhancing habitat on the said property, and RCDMC seeks to provide this assistance.

D. On January 13, 2023, the State Wildlife Conservation Board ("the Board"), an agency of the State of California established under Division 2 of the Fish and Game Code, authorized a grant to the California Association of Resource Conservation Districts, which is administering a block grant on behalf of Resource Conservation Districts throughout the state of California including RCDMC, to undertake on the property certain habitat restoration projects.

E. The grant agreement requires that RCDMC enter into an agreement sufficient to protect the public interest in any restoration projects implemented under the Board's grant, and to ensure that RCDMC has permission to implement and monitor projects on the owner'sland.

EXHIBIT A
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Attachment: Property Access Agreement (3117 : Property Access Agreement with the Resource Conservation District of MoCo for Community RCDMC AND THE CITY OF GONZALES AGREE AS FOLLOWS, in light of the Pertinent Facts, above:

1. DURATION. This Agreement shall take effect when fully executed on the date last signed below, and shall be in effect for ten (10) years, unless the Agreement is terminated earlier by mutual agreement in writing by the parties, with the written consent of the Executive Director of the Board.

City may also terminate this Agreement in the event its City Council has approved a development project and any construction on the Property is scheduled to begin during the term of this Agreement. City shall keep RCDMC informed of any such projects and timelines for the project and provide 30 days’ notice to RCDMC of such termination.

2. CONSTRUCTIVE NOTICE The terms, conditions and restrictions of this Agreement, the Board’s grant agreement, and the provisions of the project shall be binding upon, and inure to, the benefit of the parties hereto and their personal representatives, heirs, successors, and assigns and shall continue as a servitude running with the land for the Project Life,for ten (10) years from execution of the agreement.

This document, substantially as shown, shall be signed by RCDMC and the City and may be recorded with the appropriate County Recorder's Office. In addition, the City shall notify prospective buyers, lessees, or operators of the property to make them aware of this project and this Agreement.

3. ACCESS BY RCDMC. RCDMC shall have access to the property, with prior written or verbal notice to the City, to accomplish the purposes of this Agreement, including monitoring during the entire term of this Agreement.

4. RESTORATION AND MAINTENANCE. RCDMC shall implement a restoration project on the property in accordance with the grant agreement, including, eradication of non-native plants, collection of seeds or cuttings, and planting of appropriate native species. RCDMC shall maintain the project during the implementation phase of this agreement and shall monitor and maintain the improvements as necessary to maintain the habitat value and/or the functionality of the installed infrastructure during the management and maintenance portion of this agreement.

5. INSPECTION. RCDMC and the City shall permit the Board, its agents or employees, and the Department of Fish and Wildlife to visit the project site at agreed-upon intervals, but not less than once every three years, during the term of this Agreement to determine whether the site is being restored andmaintained in a manner consistent with the grant agreement.

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Attachment: Property Access Agreement (3117 : Property Access Agreement with the Resource Conservation District of MoCo for Community

6. CITY’S USE OF THE PROPERTY. Except as provided in this paragraph, the City reserves the right to use the property in any manner, provided that its use does not unreasonably interfere with RCDMC’s rights under this Agreement. During the term of this Agreement, the City shall use the property and habitat improvements in a manner consistent with the purposes of the grant agreement; this includes, but is not limited to, refraining from harming, damaging, removing, altering, or interfering with the restored sites.

In the event the City uses the Property in a manner that harms, damages, removes, alters or interferes with the Project Restoration site, then City agrees to work with RCDMC to identify another location for the Restoration Project, in a size equivalent to the amount of the Restoration Project site that is harmed, damaged, removed or altered. City agrees to implement the relocated Restoration Project within one year, and to use the alternative Restoration Project site in a manner consistent with the purposes of the grant agreement for the remaining term of this Agreement.

City Shall provide advance written notice to RCDMC of any proposed project that would impact the Property and the parties shall meet to discuss modifications proposed by the City and any potential impacts to the restoration Project and Property.

7. LIABILITY. RCDMC shall be responsible for, indemnify and save harmless the City Council, its officers, agents, and employees from any and all liabilities, claims, demands, damages or costs resulting from, growing out of, or in any way connected with or incident to the property and improvements on it, except for active negligence of the City or City Council, its officers, agents or employees. The duty to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. RCDMC waives any and all rights to any type of express or implied indemnity or right of contribution from the Board, its officers, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to the project, the property, and improvements on it.

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Attachment: Property Access Agreement (3117 : Property Access Agreement with the Resource Conservation District of MoCo for Community

8. AUTHORIZING SIGNATURES
Resource Conservation District of Monterey County
[Authorized signature] Date
[Print or type name]
[Title]
[Authorized signature] Date
[Print or type name]
[Title]
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Attachment: Property Access Agreement (3117 : Property Access Agreement with the Resource Conservation District of MoCo for Community Community Garden Map

POLLINATOR
GARDEN
(2,750 SQ FT)

PUMPKIN
PATCH

EXHIBIT B
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Attachment: Community Garden Map (3117 : Property Access Agreement with the Resource Conservation District of MoCo for Community Garden) City of Gonzales

CITY MANAGER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: October 7, 2024
FROM: Carmen Gil, City Manager
SUBJECT: Lease Agreement with the Mexican American Opportunity Foundation (MAOF)

RECOMMENDATION
It is recommended that the City Council renew a three-year Lease Agreement Between the City of Gonzales and the Mexican American Opportunity Foundation (MAOF) for the property located at 225 Elko Street with an option to extend the lease at a new monthly rate for an additional two-year term, following expiration of the initial term (October 31, 2027).

BACKGROUND
MAOF has been a long-time tenant of the stated location. They have been great tenants and have done a tremendous job keeping the facility in exceptional condition. They provide a great service to the community and offer affordable daycare to the families of Gonzales. Their prior Lease Agreement has lapsed and thus have been operating on a month-to-month basis. Additionally, the Market Rate study conducted earlier this year, reflected that their monthly rent was well below the market; therefore, we have negotiated a new contract with an adjusted rental rate over a three-year period to help bring them up to a more comparable rate, as instructed by City Council.

Consequently, staff recommends that a new Lease Agreement is put in place with MAOF reflecting the new lease terms and the new rental rate. The new rental rate per month will be $1,575.69 in year 1, which also includes a 3% increase to address inflation. A total of $2,227.73 (with inflation) in year two, and $2,899.33 in year three.

REVIEW AND ANALYSIS
As stated above, MAOF is a great asset to the community. They have been providing an essential service for residents of Gonzales for many years and bring tremendous value to the community. At the new rate, AGENDA
ITEM
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they will still be able to offer quality service to local families, but this new rate will help cover City expenses. The new rate is a substantial increase from the previous rental rate and brings them a bit more in line with what others are paying for a similar size building. Over the life of the three-year Lease Agreement, the City will collect $80,433 for the rental of the property. If the City Council does not renew the Lease Agreement, it will be a loss for the community as the service they provide is an essential service available to residents of Gonzales.

Explain: Leasing out available public facilities for an essential service such as a daycare supports the City Council’s Mission and Vision while generating some much-needed revenue for the City.

Explain: MAOF has an established facility that provides a valuable service to vulnerable residents in the community. Ensuring this service continues to be offered locally is important to the City Council’s Vision of supporting a healthy and thriving community.

Explain: Staff believes this Lease Agreement continues to ensure that the community has access to much needed services like childcare while generating some revenue for the City.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes No X N/A
• Housing Yes No X N/A
• Recreation X Yes No N/A
• Environment Yes No X N/A
• Education X Yes No N/A
Explain: Staff believes that extending this lease creates a win-win situation for both the tenant and the City as continuing to support them provides residents with an essential service.

ALTERNATIVES
Alternative 1 – The City Council could direct staff to modify the Lease Agreement.

Alternative 2 – The City Council could determine this Lease Agreement is no longer needed. However, staff believes this Lease Agreement allows us to provide local families with a quality childcare option and brings in much needed revenue.

BUDGET IMPACT
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If the Lease Agreement is approved, it will generate $1,575.69 a month in year 1; $2,227.73 in year two; and $2,899.33 in year three. For a total of $80,433 over the three years.

CONCLUSION
It is recommended that the City Council renew a three-year Lease Agreement Between the City of Gonzales and the Mexican American Opportunity Foundation (MAOF) for the property located at 225 Elko Street with an option to extend the lease at a new monthly rate for an additional two-year term, following expiration of the initial term (October 31, 2027).

Attachments:

1. Lease with MAOF
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Attachment: Lease with MAOF (3107 : Lease Agreement with the Mexican American Opportunity Foundation (MAOF)) City of Gonzales

CITY MANAGER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: October 7, 2024
FROM: Carmen Gil, City Manager
SUBJECT: Memorandum of Understanding with Hartnell College Foundation for Student Opportunity and Achievement Rising Across the Salinas Valley (S.O.A.R.) Youth Ambassadors Pilot Program

RECOMMENDATION
It is recommended that the City Council Approve and Authorize the City Manager to sign a Memorandum of Understanding (MOU) Between the City of Gonzales and Hartnell College Foundation for support and engagement in the Youth Ambassador Pilot Program – Student Opportunity and Achievement Rising across the Salinas Valley (S.O.A.R); and accept a $10,000 grant to offset participation costs.

BACKGROUND
Student Opportunity and Achievement Rising across the Salinas Valley (S.O.A.R) is a Youth Ambassador pilot program that will engage our Gonzales Youth Council (GYC) in an Asset Mapping pilot program where they will work alongside advisers and local professionals to assess assets and gaps in the areas of workforce readiness, career pathways, financial literacy and social-emotional development. It emerged from community engagement conducted by Hartnell College, Hartnell College Foundation, the Monterey County Workforce Development Board, Santa Cruz Human Services and the James Irvine Foundation. Their findings exhibited that first-generation youth require more guidance on career pathways and good paying jobs that support upward mobility.

Their analysis, coupled with further research led them to look for alignment opportunities in the Salinas Valley where youth were already civically engaged and working on similar areas that could support youth/student advancement. Due to the well-known work and impact that the GYC has had over the years, it was a no-brainer to connect the two instead of reinventing the wheel and starting a new effort from scratch.

AGENDA
ITEM
9 Packet Pg. 39

REVIEW AND ANALYSIS
Moreover, because S.O.A.R.’s work is aligned with the work that our GYC is engaging in and the youth had already been involved in some of the early conversations and training, it made sense to bring them in as key partners. To offset some of the costs associated with their participation as well as the cost of the program advisers, Hartnell College Foundation has awarded the City a small grant in the amount of $10,000.

Our participation in this program just proves that the work of the GYC is having a lasting impact not only locally in our city, but also in the larger institutions in the county that impact student lives. Further, this program takes a page from the work that was done four years ago by our GYC working with CSUMB’s Dr. Lovell and her student researchers. As Dr. Lovell will be a lead partner in this work, proving that what was started back in 2020 is still producing positive results till this day.

Explain: Participating in this opportunity will support our efforts to enhance leadership development and career exploration opportunities for our local students and will help to inform us as to what is thriving in our area and what is still missing.

Explain: Participating as partners in this work will further our mission of supporting youth leadership and development while positively impacting larger systems in the county.

Explain: See explanation above.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes No N/A
• Housing Yes No N/A
• Recreation Yes No N/A
• Environment Yes No N/A
• Education X Yes No N/A
Explain: Staff believes that this is a great opportunity to expand the engagement of our GYC with other local partners while helping to assess what the Salinas Valley has to offer and where there are still areas for improvement.

ALTERNATIVES
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Alternative 1 – The City Council could direct staff to modify the MOU.

Alternative 2 – The City Council could determine that they don’t want to partner on this project.

However, that is not recommended at this time as the efforts are directly aligned with what the GYC is excited about and is working on. In addition to this partnership providing us with a little bit of money ($10,000) to offset leadership development costs.

BUDGET IMPACT
If the Approved, the city will receive $10,000 to help offset the costs to participate in the program and some money will go to cover administrative and advisor costs. The $10,000 will be applied to Fund 550 (Youth Development) and will supplement some of the other funds we have been using to cover these costs.

CONCLUSION
It is recommended that the City Council Approve and Authorize the City Manager to sign a Memorandum of Understanding (MOU) Between the City of Gonzales and Hartnell College Foundation for support and engagement in the Youth Ambassador Pilot Program – Student Opportunity and Achievement Rising across the Salinas Valley (S.O.A.R); and accept a $10,000 grant to offset participation costs.

Attachments:

1. MOU with Hartnell
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Memorandum of Understanding
Modern Life Skills Mentoring Project:

S.O.A.R. Youth Ambassadors - Asset Mapping Pilot
Regional Youth Civic Engagement & Leadership Development 1 I. INTRODUCTION & GENERAL INFORMATION
This Memorandum of Understanding (MOU) is provided to memorialize and formalize agreements reached between the Hartnell College Foundation and the City of Gonzales regarding collaborating to advance positive outcomes of the Modern Life Skills Mentoring Initiative.

Key Points of Contact:

City of Gonzales:
147 Fourth St. Gonzales, Ca. 93926
Primary Contact – Program Implementation
Jessica Olmedo-Albor, Recreation Coordinator/Administrative Analyst [email protected]
831-675-5000
Formal Approval Authority – Professional Services Agreement Carmen Gil, City Manager
Main: (831) 675-5000 | email [email protected]
Hartnell College Foundation:
411 Central Avenue, Salinas, CA 93901
Formal Approval Authority - Professional Services Agreements Jacqueline Cruz - Executive Director, Hartnell College Foundation Main: (831) 755-6810 | [email protected] Invoicing
Kira Bona - Accounting Manager, Hartnell College Foundation Direct: (831) 755-6908 | [email protected] II. PROJECT SUMMARY
A. Purpose:

KEY PARTNER will serve as a Core Partner advancing positive outcomes related to Modern Life Skills Mentoring (MLSM) Project to achieve two primary goals:

1. Engage youth leaders in the S.O.A.R. Ambassadors - Asset Mapping pilot (see Exhibit A); and
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Attachment: MOU with Hartnell (3111 : MOU with Hartnell College Foundation for SOAR Program) MOU_ModernLifeSkillsMentoring_AssetMapping_SOARAmbassadors_YCELD 2

B. Context:

A coalition of education and workforce system practitioners convened throughout 2020-2021, in the midst of a global pandemic, to discover local workforce gaps and connect youth to career pathways leading to well-paying jobs on the Central Coast of California. This coalition evolved to form the “Team Central Coast - Better Careers Design Group” anchored by Hartnell College, the Hartnell College Foundation, Monterey County Workforce Development Board, and the Santa Cruz Human Services Department and its Workforce Development Board. With leadership and technical assistance from Third Sector and funding support from the James Irvine Foundation, the team went through a human-centered design process to engage youth & their families, community-based organizations, and school staff on the Central Coast to develop a solution to local challenges.

As a result of these community engagement efforts, the need for first-generation immigrant youth to receive more guidance on career pathways to well-paying jobs, contributing to upward economic mobility for these youth and their families surfaced.

Additionally, the programmatic focus on engaging youth earlier in the cradle-to-career pipeline, when they are in middle school, was an important finding from community engagement. This local context is also affirmed by national research: A national career development and work-based learning leader with 25 years of related experience remarked: “CTE students start in middle school exploring and discovering career interests and inventories so that by the high school years, a more defined and concrete pathway can be built. This well-defined “road map” or “GPS” allows students to zoom in on the needed education and industry prerequisites, allowing for a successful, lucrative, and purposeful career.”
In response and further building upon engagement insights, the initial design phase culminated in bringing forward the Modern Life Skills Mentoring framework and pilot now ready for further development, implementation, and alignment for greater collective impact.

The pilot Modern Life Skills Mentoring Initiative implementation brought forward positive outcomes for youth involved, and insights leading to further investment from the Wallace Foundation. This investment includes support for Asset Mapping from a youth perspective to aid further insights of existing assets and opportunities to fortify C. Performance Period: City of Gonzales through its Gonzales Youth Council will provide services as outlined within this MOU through June 30, 2025.

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Attachment: MOU with Hartnell (3111 : MOU with Hartnell College Foundation for SOAR Program) MOU_ModernLifeSkillsMentoring_AssetMapping_SOARAmbassadors_YCELD 3 D. Roles & Responsibilities: Following are the roles and responsibilities each partner will provide to ensure Project success:

City of Gonzales agrees to:

1. Foster and Support Youth Civic Engagement & Leadership Development:
a. Foundational Approaches: Apply equity-grounded, age-appropriate positive youth development approach with special emphasis on effective civic engagement and leadership development.
b. Core Activities

1. Recruit and support the accountable engagement of Youth Leaders in the S.O.A.R. Ambassadors - Asset Mapping pilot experience.

2. Mentor and advise Youth Leaders to address insights, findings, and recommendations from their S.O.A.R. Ambassadors - Asset Mapping pilot experience.

3. Support ongoing youth civic engagement and leadership development, with special emphasis on addressing middle to high school youth interests related to career exploration and readiness, workforce development, and economic mobility (e.g., continuing the regional South County Youth Summit, additional community service-learning action projects, policy advocacy, etc.) c. Youth Outcomes: Programming contributes to youth acquiring developmental assets related to the following Five Key Success Elements:

1. Social-Emotional Development - Positive self-identity, intrapersonal and interpersonal relationship skills including selfawareness, self-management, responsible decision-making, and resilience.

2. Financial Literacy - Development of foundational knowledge, understanding, and skills necessary for smart money
management.

3. Career Readiness - Career exploration and pre-employment skills development connected to well-paying regional opportunities and understanding of the evolving world of work including
entrepreneurship.

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Attachment: MOU with Hartnell (3111 : MOU with Hartnell College Foundation for SOAR Program) MOU_ModernLifeSkillsMentoring_AssetMapping_SOARAmbassadors_YCELD 4

4. Civic Engagement & Leadership Development - Experiential opportunities to deepen capacity to be a contributing community member and leader.

5. Academic Success - Supporting on-time grade progression. d. Timeline: Following is a general timeline for this essential element:

1. S.O.A.R. Ambassadors - Asset Mapping Pilot
● August 2024 - November 2024

2. Ongoing Youth Civic Engagement & Leadership
■ August 2024 - June 2024

2. Contribute to Share Learning, Continuous Improvement, & Sustainability:
a. Participate in the Caring Connections Network and Community of Practice:

1. Attend and contribute to monthly gatherings (generally 2-3 hours) to enable networking, sharing approaches, learnings, and resources to support best practices as well as continuous improvement and evaluation.

2. Host a Caring Connections Network and Community of Practice gathering (collaborating with Project Manager to finalize Agenda). b. Submit a Written Report: Provide a written report documenting key activities and outcomes, including how funds were used.

E. Roles & Responsibilities - HARTNELL COLLEGE FOUNDATION: Following are the roles and responsibilities Hartnell College Foundation will fulfill as the backbone organization and fiscal agent for this project, including:

1. Distributing funds;

2. Making available resources as appropriate to support Project success (e.g., inkind facilities use, technology tools supporting virtual collaboration, copies of materials, etc.);

3. Seeking additional funding to support program reach, impact, and sustainability;

4. Raising awareness and visibility of Project and Partners; and

5. Convening, coordinating, fostering connection, and facilitating continuous improvement through the assignment of Staff primary points of contact throughout the Project, including a Project Manager.

A. Mutual Hold Harmless: Hartnell College Foundation agrees to hold harmless City, including its elected and appointed councils, boards, commissions, officers, agents, Packet Pg. 45
Attachment: MOU with Hartnell (3111 : MOU with Hartnell College Foundation for SOAR Program) MOU_ModernLifeSkillsMentoring_AssetMapping_SOARAmbassadors_YCELD 5 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 Hartnell’s activities related to this Agreement. City agrees to hold harmless Hartnell College Foundation, 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 City’s activities related to this Agreement.

IV. FUNDING, BUDGET, & PAYMENT INFORMATION
In exchange for services provided as outlined in this SOW, the Hartnell College Foundation will sub-grant $10,000 to the City of Gonzales. These funds are to be used to:

1. Provide stipends &/or incentives for Youth Leaders participating in the SOAR Ambassadors - Asset Mapping pilot.

2. Support ongoing youth civic engagement and leadership development, with special emphasis on addressing middle to high school youth interests related to career exploration and readiness, workforce development, and economic mobility (e.g., continuing the regional South County Youth Summit, additional community service learning action projects, policy advocacy, etc.).

3. Host a Caring Connections Network and Community of Practice gathering.

Disbursement of funds will be made within 30 days of approval of MOU as indicated by signing and submission of this MOU by authorized parties, accompanied by Invoice from the City of Gonzales.

V. ADDITIONAL TERMS & CONDITIONS
VI. ACCEPTANCE AND AUTHORIZATION
As indicated by their signatures below and upon the authority of their respective organizations, the following parties agree to the scope, terms and conditions defined in this MOU:

X_______________________________________________________ Date: ___________ Carmen Gil, City Manager
City of Gonzales
X_______________________________________________________ Date: ____________ Jacqueline Cruz, Executive Director
Hartnell College Foundation
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Attachment: MOU with Hartnell (3111 : MOU with Hartnell College Foundation for SOAR Program) MOU_ModernLifeSkillsMentoring_AssetMapping_SOARAmbassadors_YCELD 6 EXHIBIT A: S.O.A.R. Youth Ambassadors Pilot: Asset Mapping Project S.O.A.R. Youth Ambassadors Pilot: ASSET MAPPING PROJECT Student Opportunity and Achievement Rising across the Salinas Valley Who are S.O.A.R. Youth Ambassadors?
● S.O.A.R. Youth Ambassadors are youth aged 15-18 residing in the Salinas Valley* who are civically engaged in their community.
o Opportunities for youth residing in additional rural regions in Monterey and Santa Cruz Counties will be extended contingent upon partner agreement and resource availability. o For this pilot, this opportunity is being extended to partners directly involved with the Modern Life Skills Mentoring Initiative and/or the Salinas Valley 5 Cities Rising Initiatives who have established youth civic engagement and leadership development programs.

What do S.O.A.R. Youth Ambassadors do?
● S.O.A.R. Youth Ambassadors:
o Uplift youth voice, power, and influence to catalyze, shape, and bring about positive change in their communities;
o Collaborate within and across their communities as they organize and lead to improve conditions and outcomes; and
o Activate other stakeholders including other youth, community members, and adult leaders (e.g., policy makers, electeds, and across sectors such as government, education, non-profit, and business) on issues critical to their communities’ well-being. These include: workforce readiness and economic mobility, education, housing, healthcare, digital access and connection, sustainability, transportation, public safety, childcare, uplifting community celebratory events or milestones through arts and enrichment and other issues.

What are the S.O.A.R. Youth Ambassadors Objectives?

1. Increasing Knowledge & Skill Development: To increase youth knowledge and ability to expand access to the developmental assets and resources necessary for youth success and positive change;

2. Expanding Caring Connections & Resources: To increase connectivity and collaboration amongst youth leaders while also developing the capacity of communities to be responsive to youth interests, advocacy for co-created more effective, lasting solutions;
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Attachment: MOU with Hartnell (3111 : MOU with Hartnell College Foundation for SOAR Program) MOU_ModernLifeSkillsMentoring_AssetMapping_SOARAmbassadors_YCELD 7

3. Activating Youth Agency in Generating Solutions: To increase critical thinking and problem solving skills that strengthen youth’s positive self-identity, capacity and confidence in bringing about positive change; and

4. Expanding Experiential & Work-based/Linked Learning Opportunities: To provide our youth meaningful experiential/applied learning opportunities to connect to the world of work while also supporting their career and college readiness goals with a supportive mentor.

PILOT COHORT - REGIONAL ACTION PROJECT: ASSET MAPPING
Building upon insights and successes of the Modern Life Skills Mentoring pilot, this initial S.O.A.R. project focuses on youth engagement and leadership for community asset mapping of resources that support workforce readiness of our region's youth. Initial data suggested a need for improved resources for middle schoolers in Monterey County related to workforce development, economic mobility, and civic engagement.

Community asset mapping is a strengths-based approach that identifies a community’s existing resources.

This pilot cohort of S.O.A.R. Ambassadors will be engaged in an Asset Mapping project to better understand existing and needed resources that support youth readiness for in-demand, livable wage career opportunities that support their economic mobility and robust, inclusive economic development within our region. The goal of this project is to help “tell the story”of what is currently happening in rural Monterey County that supports youth development, and specifically work-based learning with special attention to crucial developmental supports for middle school to high school youth. Centering youth voices within this initiative helps to leverage their expertise and knowledge about community strengths. More specifically, our youth will:

1. Identify existing assets: Engage peers to ensure additional youth input and voices about organizations and services they use and find helpful.

2. Map and analyze resources, including relationships and networks: As youth map these resources, they will receive support in the analysis of data.

3. Highlight opportunities and gaps, advocate for data-informed action, solutions: Collaboratively identify recommendations and areas for growth and collaboratively showcase preliminary findings.

INITIAL RESEARCH QUESTIONS
Following are representative initial research questions the youth will explore:

1. What organizations and groups do youth find supportive and useful in their community?

2. Where are there work-based learning opportunities for youth? a. Examples of specific categories include: job shadowing, work tours; career panels; informational interviews - adults who share career info; volunteer opportunities; people/orgs/agencies that help youth with developing resumes and preparing for interviews, etc.

This asset mapping project will provide grant collaborators and the community with a clearer understanding of existing resources and relationships based on youth perspectives. Youth will also collaboratively identify actionable recommendations for enhancing the impact of youth-serving organizations within the rural corridor of Monterey County. By leveraging youth insights, collective impact initiatives and local organizations can better serve youth.

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Attachment: MOU with Hartnell (3111 : MOU with Hartnell College Foundation for SOAR Program) MOU_ModernLifeSkillsMentoring_AssetMapping_SOARAmbassadors_YCELD 8

EXPECTATIONS OF YOUTH
Youth leaders who sign-on to this exciting opportunity are expected to fulfill the following:
● Commit to participating in the full duration of the Project no later than Wednesday, September 2nd. ● Participate in Project Orientation & Training on Saturday, September 14th between 9am - 1pm. ● Complete assignments, communicating progress and gaining support as needed throughout the Project. ● Participate in weekly Project Team webinar/conference call. ● Make at least one presentation of initial &/ or final findings and recommendations. ● Participate in Project Debrief & Celebration (likely last week of October up to first week in November) S.O.A.R. Ambassadors
Youth from the rural communities have expertise in their own experiences and have knowledge of youth assets, needs, interests, and opportunities within their communities. Their voices and perspectives are essential when assessing current assets and identifying areas for growth. Youth can leverage their social capital with other youth in the community to gather genuine reactions and data. Youth interns will be awarded stipends to participate in an introductory workshop (4 hours), research planning workshops (~3 @ 2 hour each), data collection (~4 hours), data analysis and interpretation workshops (~3 @ 2 hour each), and report writing and presentation (~2 @ 1 hour each) as well as project Debrief & Celebration.

Total anticipated time commitment is approximately 25 hours per youth.

SUPPORT TEAM FOR OUR YOUTH
In addition to support from their current Advisors, our youth will benefit from direct training and support from two additional Adult Allies with a proven track record of nurturing and honoring youth voice, power, and influence and special subject matter expertise necessary for this project’s success. Following is an overview of Support Team Key Roles & Responsibilities:

SUPPORT TEAM of ADULT ALLIES FOR OUR YOUTH
Trainers & Mentors
Jennifer L. Lovell, Ph. D, has a doctorate in Clinical
Child Psychology, with a specialization in
multicultural psychology and pediatric psychology.

Her primary areas of scholarly interest are
community-engaged research informing child and
family health and wellness.

She has served as an adult collaborator and
supporter for three projects with the Gonzales
Youth Council since February 2020. The youthparticipatory action research conducted with GYC has received regional and national attention, and
she has co-authored two publications with youth
from these projects in peer-reviewed journals.

Rosemary Soto, RYS Consulting
With nearly two decades experience initiating and
collaborating to develop and execute collective
impact in Monterey County, Rosemary’s extensive
knowledge of and experience successfully partnering
and collaborating across sectors to increase assets,
resources for our communities, especially members
most impacted by systemic inequities, Rosemary will
serve as a powerful connector and champion for our
youth leaders.

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Attachment: MOU with Hartnell (3111 : MOU with Hartnell College Foundation for SOAR Program) MOU_ModernLifeSkillsMentoring_AssetMapping_SOARAmbassadors_YCELD 9 ● Integrate best/promising practices of asset mapping and youth participatory action research ● Develop and facilitate Asset Mapping training to orient and enable the youth leaders to gain knowledge, understanding, and skills necessary to successfully achieve project outcomes ● Document and organize materials so training/approach can be used by partners within the Caring Connections Network as appropriate, relevant
● Mentor & coach youth throughout the Project to support their success at all phases of the project -- from direct asset mapping, partner outreach, to preparing presentation, public speaking, including positioning, advocating their interests/perspectives
● Connect youth, project team to resources -- warm introductions, share resources, context, etc. ● Aid the youth to present on Project -- 2-3 presentations to priority stakeholders/strategic opportunities (e.g., City Councils, Board of Supervisors, School Boards, Salinas Valley 5 Cities, Caring Connections Network, &/or Bright Futures Steering Cmte, etc.

Leadership Advisors
Youth Commissioners/Councils hosted by Salinas
Valley Cities*
City of Gonzales:

Jessica Olmedo-Albor
Recreation Coordinator/ Administrative
Analyst,
Community Engagement Department
831-675-4206
gonzalesca.gov
[email protected]
147 Fourth ST. Gonzales, CA 93926
Cindy Aguilar- Castañeda
Associate Strategist - Youth Leadership
Specialist
C
4 Consulting: Activating Talent * Igniting
Results
[email protected] |
www.myc4strategist.com
City of Greenfield:

Jose Chavez Medina
Community Engagement Specialist
[email protected]
Fabiola Lopez
Community Engagement Coordinator
[email protected]
(831) 304-0116
● Recruit youth leaders will strong probability
of follow-through - ideally two consistent
representatives from each partner (keeping in
mind, youth stipend allocation per partner is
currently $1000)
● Continue providing Advisement, Coaching,
and Supervision
● Remove barriers to participation, such as
transportation to in-person trainings/sessions
● Stay apprised of youth engagement, progress
- support follow through, direct
communication with the Mentors
● Communicate as part of support, success
team
● Steward MOU/Agreement process through
formal approval
● Ensure youth leaders receive their stipends
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Attachment: MOU with Hartnell (3111 : MOU with Hartnell College Foundation for SOAR Program) MOU_ModernLifeSkillsMentoring_AssetMapping_SOARAmbassadors_YCELD 10 City of Greenfield
599 El Camino Real
P.O. Box 127
Greenfield, CA 93927
City of Soledad:

Jesus Valenzuela
Community Engagement Manager
[email protected]
831-356-2825
Youth Councils hosted by Non-Profit Partners
CHISPA
Teen Leadership Council (TLC) - Castroville,
North County, Salinas focus
Yvette Padilla, TLC Advisor
[email protected]
831.229.4237
Project Leadership & Management
Michelle Slade
C
4 Consulting: Activating Talent * Igniting Results
Michelle Slade | Founder & Chief Strategist
(831) 521-8254 | P.O. Box 2135, Carmel Valley, CA
93924
[email protected] |
www.myc4strategist.com
Magaly Santos*
Assisting Associate
[email protected]
● Provide project management
● Facilitate partnership, collaboration and
coordination
● Advise, mentor, coach the Adult Allies
● Aid strategic positioning and visibility
● Report on project to Hartnell, and other
stakeholders including Wallace Foundation
which is providing the funding for this
project.

Magaly may be available to provide insights on GIS as
resource for asset mapping visualization, etc. Also,
partner with Cindy for initial project management setup.

Rosie Armstrong
Director of Workforce Development: Agriculture and
Healthcare Sector Partnerships | Office of
Institutional Advancement
411 CENTRAL AVENUE | SALINAS, CA 93901
831.759.6050 Direct | 831.755.6810 Main |
831.759.6038 Fax
[email protected] | www.hartnell.edu
● Shepherd project through Hartnell policies
and standard operating procedures
● Elevate project to key stakeholders
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Attachment: MOU with Hartnell (3111 : MOU with Hartnell College Foundation for SOAR Program) MOU_ModernLifeSkillsMentoring_AssetMapping_SOARAmbassadors_YCELD 11

TIMELINE

Phase &
Timeframe*

KEY ACTIVITIES
Phase 1: Planning and Preparation with Core Partners
August
2024
● Affirm with Core Partner Adult Allies’ project goals, expectations, compensation, and timelines.
○ Subject Matter Experts - Training, Facilitation for Youth ○ Hosts & Advisors - S.O.A.R. Ambassadors
○ Project Management
■ Michelle Slade, C
4 Consulting - Coordination
■ Hartnell College Representative - Intermediary Director ● Finalize Youth Leader Roster
Initial Asset Search:
● Use current resources (e.g., United Way 211, Bright Futures) to create an initial list of local youth-serving organizations.
● Include citizen associations (e.g., boards, youth groups, clubs) and institutions/organizations (e.g., public programs, institutions) that support youth development in the county.
● Review resources for best practices for asset mapping. ● Conduct initial meetings with youth interns who have been selected/hired for the project.

Phase 2: Prep for Launch with Youth Leaders
September
2024
Youth-Led Project and Plan:
● Create and provide a 1-3 hour workshop for the youth on youth participatory action research and asset mapping.
● Support youth exploration of manageable project options to collect youth voices and input on youth-serving organizations for middle and high school students in the rural corridor of Monterey County.
● Support youth identification and clarification of project/research design and methodology.

Phase 3: Launch with Youth Leaders, Deep Dive into Data Collection & Analysis September -
October
2024
Engage Youth Leaders in Orientation & Training
Saturday, September 14, 2024
Data Collection:
● Support the youth interns to gather data based on their plan.

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Attachment: MOU with Hartnell (3111 : MOU with Hartnell College Foundation for SOAR Program) MOU_ModernLifeSkillsMentoring_AssetMapping_SOARAmbassadors_YCELD 12 Asset Identification:
● Work with grant collaborators to compile and organize data in a way that will be useful for goals of the project.
● Work with the youth and grant collaborators to develop a system for categorizing organizational assets (e.g., physical space, financial resources, and community relationships).
● Begin mapping relationships and interconnections between organizations/services.

Gap Analysis
● Identify gaps in resources and opportunities for improvement.

Phase 4: Sharing Findings
October
2024
Brief Report/Handout
● Provide and explore options for data visualization with the youth interns. ● Mentor youth to draft and edit a brief report/handout summarizing project findings. ● Share draft with grant collaborators and other stakeholders for feedback. ● Collaboratively generate actionable recommendations that will enhance the utilization of the asset list and address gaps.
● Reflect, incorporate feedback, and finalize the report/handout.

Presentation
● Collaboratively showcase findings and discuss with grant collaborators and/or community
Phase 5: Debrief Project & Celerate
End of October
2024 -
Beginning of
November
Join together to Debrief the Project and celebrate!
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Attachment: MOU with Hartnell (3111 : MOU with Hartnell College Foundation for SOAR Program) 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: Resolution No. 2024-59 Authorizing Task Order #3 Under a Master Service Agreement with MNS Engineers for Environmental Monitoring Services During Construction of the Industrial Wastewater System

RECOMMENDATION
It is recommended that the City Council Adopt Resolution No. 2024-59, A Resolution of the City Council of the City of Gonzales Authorizing Task Order #3 Under a Master Service Agreement with MNS Engineers for Environmental Monitoring Services During Construction of the Industrial Wastewater System.

BACKGROUND
Phase 1 of the Industrial Wastewater (IW) System will increase the capacity of the City’s wastewater system by 1.0 million gallons/day. The IW System will be delivered though the following construction contracts
• IW Pipeline contract
• IW Treatment Facility contract
At the September 3, 2024, Council meeting, an $8.6M construction contract for the IW Pipeline Project was awarded to Sierra Construction & Excavation. At that same meeting, the City Council authorized Task Order No. 2 with MNS Engineers for Construction Management and Inspection services. A Preconstruction Meeting for the IW Pipeline Project is scheduled for October 3, 2024, with construction expected to begin in mid-November.

AGENDA
ITEM
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REVIEW & ANALYSIS
The EIR for the IW System was approved at the September 20, 2022, City Council meeting and the EIR includes a Mitigation Monitoring and Reporting Program that must be complied with during construction of the IW Pipeline and IW Treatment Facility.

In January 2024 City staff issued a Request for Qualifications for Program/Construction Management Services for Wastewater Projects. At the March 18, 2024, Council meeting, the City Council authorized execution of a Master Service Agreement with MNS Engineers that included Task Order No. 1 for Program Management Services.

MNS Engineers’ Statement of Qualifications submitted to the City on March 8, 2024 included Permitting and Environmental Monitoring Services. MNS Engineers provided a letter proposal with a detailed scope of work for Environmental Monitoring Services during construction of both construction contracts that includes managing the adopted project-specific Mitigation Monitoring and Reporting Program to ensure compliance.

MNS’s scope of work includes:
• Worker Environmental Awareness Training
• Pre-Construction Meeting Attendance
• Preconstruction Surveys for Nesting Birds and Burrowing Owls • Paleontological Monitoring, required during groundwork at a depth greater than 5 feet.

MNS’ estimated fee for Environmental Monitoring Services during construction of the IW Pipeline and the IW Treatment Facility is $222,341 and staff recommends adding a contingency budget of $17,659 for unforeseen changes for a total authorization of $240,000.

Therefore, staff recommends that the City Council approve Task Order No. 3 under a Master Service Agreement with MNS Engineers for Environmental Monitoring during construction of the IW System in the amount of $240,000 which includes a contingency budget of $17,659.

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

Explain: This project supports our vision by making improvements to the wastewater system to increase its capacity for residential and industrial developments.

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

ALTERNATIVES
Amend or modify staff’s recommendation.

BUDGET IMPACT
This contract will be funded with the Sewer Rates and Sewer Impact funds.

CONCLUSION
It is recommended that the City Council Adopt Resolution No. 2024-59, A Resolution of the City Council of the City of Gonzales Authorizing Task Order #3 Under a Master Service Agreement with MNS Engineers for Environmental Monitoring Services During Construction of the Industrial Wastewater System.

Attachments:

1. Resolution No. 2024-59

2. Task Order No. 3 with MNS Engineers for Environmental Monitoring during Construction of the Industrial Wastewater System under a Master Service Agreement

3. Proposal for Construction Environmental Monitoring Services Packet Pg. 56

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RESOLUTION NO. 2024-59

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES AUTHORIZING TASK ORDER #3 UNDER A MASTER SERVICE

AGREEMENT WITH MNS ENGINEERS FOR ENVIRONMENTAL

MONITORING SERVICES DURING CONSTRUCTION OF THE

INDUSTRIAL WASTEWATER SYSTEM
WHEREAS, the City will expand the city’s wastewater system by constructing an Industrial Wastewater System (IW System) with an initial capacity of 1.0 million gallons/day; and
WHEREAS, a CEQA-Plus EIR for the IW System was adopted in October 2021 and construction documents (plans, technical specifications, and cost estimate) were completed in September 2022, and as such, no further CEQA analysis is needed for the agreement contemplated in this resolution; and
WHEREAS, the IW System will be delivered though two construction contracts (the IW Pipeline contract and the IW Treatment Facility contract); and WHEREAS, funding to construct the IW System will come a $29M State Revolving Fund loan that will be paid back using city Sewer Rates; and WHEREAS, on June 27, 2024, the City issued the IW Pipeline Project for public bid; and
WHEREAS, at the September 3, 2024 meeting, the City Council awarded a $8.6M construction contract for the IW Pipeline Project to Sierra Construction & Excavation; and WHEREAS, staff recommends the City Council authorize Task Order #3 under a Master Service Agreement with MNS Engineers for Environmental Monitoring Services for both construction contracts in the amount of $240,000 including a contingency budget of $17,659 per their September 23, 2024 letter proposal.

NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Gonzales that the Council authorizes execution of Task Order #3 under a Master Service Agreement with MNS Engineers for Environmental Monitoring in the amount of $240,000 including a contingency budget of $17,659 per their September 23, 2024 letter proposal.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 7
th day of October 2024, by the following vote:

Packet Pg. 57
Attachment: Resolution No. 2024-59 (3113 : Resolution No. 2024-59 Task Order #3 MSN Engineers for IW System Environmental Monitoring

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AYES: COUNCILMEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_______________________________
Jose L. Rios, the Honorable Mayor
ATTEST:
____________________________
Mary Villegas, Deputy City Clerk
Packet Pg. 58
Attachment: Resolution No. 2024-59 (3113 : Resolution No. 2024-59 Task Order #3 MSN Engineers for IW System Environmental Monitoring Task Order No. 3 to Consulting Services Agreement Between City of Gonzales and MNS Engineers for Program and Construction Management Services for Wastewater Projects
This is an Amendment to the Consulting Services Agreement dated March 18, 2024 between the City of Gonzales, a municipal corporation of the State of California ("City") and MNS Engineers ("Consultant”) for Program and Construction Management Services for Wastewater Projects.

City and Consultant agree to the following changes to the Agreement:

Section 1 - Services
Services will now include Environmental Monitoring during construction of the Industrial Wastewater System as outlined in MNS Engineers’ September 23, 2024 letter proposal (copy attached). MNS’s scope of work under this Task Order includes:

1. Worker Environmental Awareness Training

2. Pre-Construction Meeting Attendance

3. Preconstruction Surveys for Nesting Birds and Burrowing Owls

4. Paleontological Monitoring, required during groundwork at a depth greater than 5 feet.

5. Tracking the project-specific Mitigation Monitoring and Reporting Program Section 2 - Compensation
City will pay Consultant an additional sum of $240,000 on an hourly not-to-exceed basis.

In all other respects, the terms of the Agreement shall remain in effect.

CITY CONSULTANT
City of Gonzales, a municipal corporation MNS Engineers _____________________________ _____________________________ Carmen Gil, City Manager Peter Minegar, Vice President, Planning Date Signed: __________________ Date Signed: __________________ Packet Pg. 59
Attachment: Task Order No. 3 with MNS Engineers for Environmental Monitoring during Construction of the Industrial Wastewater System City of Gonzales
Industrial Wastewater Conveyance and Industrial Wastewater Reclamation Facility Proposal for Construction Monitoring Services
mnsengineers.com
September 23, 2024
Patrick Dobbins, City Engineer
City of Gonzales
Public Works Department
147 4th St.

Gonzales, Ca 93926
Subject: Proposal for Construction Environmental Monitoring Services – City of Gonzales Industrial Wastewater Conveyance and Industrial Wastewater Reclamation Facility Project
Dear Mr. Dobbins,
MNS Engineers has reviewed the Mitigation Monitoring and Reporting Program (MMRP) from the IW Conveyance and IW Reclamation Facility Project (Project) Environmental Impact Report. In compliance with the MMRP, we have prepared the attached scope of services to comply with the pre-construction survey and construction monitoring requirements.

If the City has questions related to the attached scope of services, do not hesitate to contact Peter Minegar via email ([email protected]) or phone (951-541-3011).

Regards,
Peter Minegar
Vice President, Planning

MNS DETAILS

LEGAL NAME
MNS Engineers, Inc.

FIRM OWNERSHIP TYPE
C-Corporation

YEAR FIRM ESTABLISHED
1962

CALIFORNIA DEPARTMENT

OF INDUSTRIAL RELATIONS
DIR No. 1000003564

CORPORATE OFFICE
201 N. Calle Cesar Chavez,
Suite 300
Santa Barbara, CA 93103
805.692.6921 Office/Fax
mnsengineers.com

LOCAL OFFICE
3850 Vine Street, Suite 110
Riverside, CA 92507

PROJECT CONTACT &

AUTHORIZED SIGNATURE
Peter Minegar, AICP
Vice President - Planning
951.541.3011
[email protected]
Packet Pg. 60
Attachment: Proposal for Construction Environmental Monitoring Services (3113 : Resolution No. 2024-59 Task Order #3 MSN Engineers for IW City of Gonzales
Industrial Wastewater Conveyance and Industrial Wastewater Reclamation Facility Proposal for Construction Monitoring Services
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Scope of Services
Task 1 – Construction Monitoring Mobilization
Task 1.1 - Worker Environmental Awareness Training
MNS biologists will develop a Worker Environmental Awareness Training (WEAT) PowerPoint Presentation that must be viewed by all construction workers prior to initiating vegetation removal, grading or other site disturbance. The WEAT will include information on the mitigation measures that must be followed during construction and guidance in recognizing special-status plant/wildlife species and their preferred habitat potentially present in the project site. The applicable laws and regulations regarding each species and actions that must be implemented if a special-status species is observed during construction will be included, along with the name and contact information of the MNS biologist. All construction personnel will complete a sign-in sheet (provided by MNS) documenting that they have viewed the training.

Deliverables:
• Draft Worker Environmental Awareness Training in PowerPoint and PDF Format. • Final Worker Environmental Awareness Training in PowerPoint and PDF Format (revised based on one round of comments)
Task 1.2 – Pre-Construction Meeting Attendance
A project biologist and project paleontologist will participate in a pre-construction project meeting with development staff and construction operations to ensure an understanding of any mitigation measures required during construction. The Construction Monitoring team will also provide an overview of the required actions in the event of an accidental discovery of a resource during construction, or accidental impacts to a protected species or resource.

Task 2 – Preconstruction Surveys
Task 2.1 - Nesting Bird Survey
As set forth in Mitigation Measure BIO-2 (MM-BIO-2), a qualified biologist shall conduct a survey for nesting birds approximately two days prior to vegetation removal or ground-disturbing activities during the nesting season (March 1 through August 31). The survey shall include the limits of construction and suitable nesting habitat within 500 feet of construction. The results of the survey will be documented in a preconstruction nesting bird survey letter report to be prepared and submitted to the City within 24 hours of completing the survey. Any active nests or nesting activity observed during the survey will be reported to the City by email immediately following completion of the survey.

If any active nests are observed during the survey, under separate scope of work, the MNS biologist will establish a suitable avoidance buffer from the active nest and assist construction workers in marking the buffer with brightly colored snow fencing or stakes to prevent equipment or workers from entering the area. The buffer distance will typically range from 250 to 500 feet, depending on the species, and shall be determined based on consideration of such factors as the species of bird, topographic features, intensity and extent of the disturbance, timing relative to the nesting cycle, and anticipated ground disturbance schedule. Shorter buffer distances may be established under separate scope of work with a biological monitor onsite to watch the nest for signs of distress by the birds and avoid “take” or abandonment of the nest and eggs. The biologist will monitor the nest approximately one time per week and verify that the avoidance buffer materials remain in place until the chicks have fledged and the nests are no longer active.

Deliverables:
• Draft Preconstruction Nesting Bird Survey Letter Report in Microsoft Word and PDF Format. • Final Preconstruction Nesting Bird Survey Letter in Microsoft Word and PDF format (revised based on one round of comments).

Packet Pg. 61
Attachment: Proposal for Construction Environmental Monitoring Services (3113 : Resolution No. 2024-59 Task Order #3 MSN Engineers for IW City of Gonzales
Industrial Wastewater Conveyance and Industrial Wastewater Reclamation Facility Proposal for Construction Monitoring Services
PAGE 3
TASK 2.2 – Burrowing Owl Preconstruction Survey
In accordance with the requirements of Mitigation Measure BIO-3 (MM-BIO-3), a qualified MNS biologist will conduct 1 (one) preconstruction survey for burrowing owls two weeks prior to the initiation of construction activities. A qualified biologist shall conduct a pre-construction survey for burrowing owls two weeks prior to the initiation of construction activities. The biologist will walk 20 meter transect intervals surveying the proposed construction impact areas plus a 100-foot buffer within suitable habitat.

Any suitable burrows located during the survey with signs of activity (i.e., whitewash, pellets, prey remains) will be marked for avoidance. Any inaccessible will be visually assessed only. The scope and cost assume that the client will be responsible for providing access. No permits are required to perform the preconstruction survey, but the biologist must be experienced with the species’ biology, identification of direct and indirect sign, and physical characteristics of potentially suitable habitat.

In the event that active nests are identified onsite, the MNS biologist will assist the applicant under separate scope of work in contacting CDFW and establishing suitable avoidance and minimization measures to prevent disturbance of nesting activity or “take” of active nests and eggs. We anticipate that the avoidance measures will follow the recommendations set forth in the Staff Report on Burrowing Owl Mitigation (Appendix D) Guidelines (CDFW, 2012).

Following the completion of the survey, a letter report will be prepared that includes a summary of the methods, site conditions, and results of the surveys. Site photographs taken during the field survey and exhibits will be included in the report to further enhance written text and visually identify specific biological information as it relates to the project site. This task includes time for GIS analysis to support the preparation of up to two exhibits.

Deliverables:
• Draft Preconstruction Burrowing Owl Survey Report in Microsoft Word and PDF Format. • Final Preconstruction Burrowing Owl Survey Report in Microsoft Word and PDF format (revised based on one round of comments)
Task 3 – Paleontological Monitoring and Reporting
MNS has retained Material Culture Consulting (MCC) to provide paleontological monitoring support for the proposed project. In coordination with MCC, MNS has reviewed the construction schedule and proposed project plans in detail. At present, the MMRP requires full-time paleontological monitoring for any excavation that is five feet or greater. We believe that this requirement can be reduced once construction is under way, as long as resources are not discovered. As a preliminary estimate, we are proposing 90 days of construction monitoring, and we will work with the City to reduce the monitoring requirements as construction begins.

Paleontological monitoring of earthmoving activities will be conducted on an as-needed basis by the project paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The project paleontologist or his/her assign will have the authority to reduce monitoring once he/she determines the probability of encountering fossils has dropped below an acceptable level. If the paleontological monitor finds fossil remains, earthmoving activities will be diverted temporarily around the fossil site until the remains have been evaluated and recovered. Earthmoving will be allowed to proceed through the site when the project paleontologist determines the fossils have been recovered and/or the site mitigated to the extent necessary.

Task 3.1 – Paleontological Construction Monitoring
As stated above, Material Culture Consulting, Inc. will serve the Project as the Project Paleontologist. The Qualified Paleontologist shall manage and oversee monitoring for all ground disturbing activities and qualified paleontological monitors will observe all ground disturbance exceeding five feet below surface.

For the purposes of providing monitoring services, we offer an all-inclusive day rate (up to 8 hours on-site per day) and half-day rate (for less than 24 hours’ notice on cancellation of work, or less than four hours of monitoring, inclement weather, work stoppage, etc.). This all-inclusive rate includes labor for the monitor, supervision, paperwork, and administration. For the purposes of this proposal, we assume 90 days of full-time monitoring will be required. After these 90 days of initial phase monitoring, we assume that monitoring may be reduced to spot checks, as conditions allow. In the case of negative results, and completion of 50% of the project at depth, our team will be able to determine whether or not full-time monitoring is warranted or may be reduced.

Packet Pg. 62
Attachment: Proposal for Construction Environmental Monitoring Services (3113 : Resolution No. 2024-59 Task Order #3 MSN Engineers for IW City of Gonzales
Industrial Wastewater Conveyance and Industrial Wastewater Reclamation Facility Proposal for Construction Monitoring Services
PAGE 4
MCC charges daily and half day rates for all construction monitoring services. This daily rate includes travel, per diem, and other associated monitoring expenses. As a basis for our fee proposal, we assume an additional 30 days of monitoring will be required for spot-checking the site, resulting in a total of 120 days of monitoring to support the project.

Our goal is to help your team facilitate construction of the project, while maintaining compliance with the project conditions. Our monitors have the breadth of knowledge, and length of experience to quickly assess finds in the field and “make the call” on the significance of potential fossils.

In most cases, one person is adequate to recover cultural or paleontological materials that are small or considered nonsignificant. However, if significant, large, or extensive resources are discovered, additional staff may be required to quickly address finds and help the developer maintain compliance with state and local requirements. In this case, we will communicate immediately with you to ensure that construction can proceed as quickly as possible. The cost of recovering materials is unknown at this time. Curation may also be required if significant materials are discovered. Our fees do not include this, because curation may not be required. However, we will assist with this task and obtain agreements if it becomes a project need.

Additional cost/fees may accrue with significant or large finds, and we will work together to develop scope and cost that meets the project conditions and keeps construction moving.

Task 3.2 – Project Paleontological Monitoring Report
At the completion of the Project, MCC will prepare an end-of-project monitoring compliance report, which documents the level of effort undertaken by our staff to maintain compliance with the mitigation measures for the project, as described above. We will identify all methods and results of monitoring, and include a detailed spreadsheet as an attachment, noting the personnel onsite, types of activities monitored, results for each day, any potential compliance issues which were resolved, and any discoveries. If discoveries are made, the significance of the finds will also be noted in the report. For the purposes of costing the report, we are currently assuming the project will result in negative findings. If resources are discovered and warrant additional investigation – such as (but not limited to) background research, excavation, laboratory analysis, curation, etc., additional charges will accrue.

We will coordinate with you prior to conducting any additional efforts to support this project and to maintain compliance with the mitigation measures for the project.

Deliverables:
• Draft Project Paleontological Monitoring Report in Microsoft Word and PDF Format. • Final Project Paleontological Monitoring Report in PDF format (revised based on one round of comments) Packet Pg. 63
Attachment: Proposal for Construction Environmental Monitoring Services (3113 : Resolution No. 2024-59 Task Order #3 MSN Engineers for IW City of Gonzales
Industrial Wastewater Conveyance and Industrial Wastewater Reclamation Facility Proposal for Construction Monitoring Services
mnsengineers.com
Fee Proposal
Task
MNS Engineers, Inc. Material Culture Consulting
Subtotal Environmental
Principal
Principal
Regulatory
Specialist
Senior
Biologist Biologist GIS Full Day Monitoring
Half Day
Monitoring
Principal
Archeologist
Senior
Archeologist
Associate
Archeologist
Staff
Archeologist
$340 $225 $170 $150 $150 $1,650 $990 $198 $176 $165 $143 Task 1 - Construction Monitoring Mobilization
Task 1.1 - Worker Environmental Awareness Training 2 8 6 24 4 $ 7,700 Task 1.2 - Pre-Construction Meeting Attendance 12 9 $ 3,525 Task 2 - Preconstruction Surveys
Task 2.1 - Nesting Bird Survey 1 6 20 2 $ 5,390
Task 2.2 - Burrowing Owl Preconstruction Survey 1 5 20 2 $ 5,165 Task 3 - Paleontological Monitoring and Reporting
Task 3.1 – Paleontological Construction Monitoring 10 45 90 30 $ 191,725 Task 3.2 – Project Paleontological Monitoring Report 1 6 12 12 12 $ 7,336 Reimbursables (Mileage, Printing, etc.) $ 1,500
Total $ 222,341
Packet Pg. 64
Attachment: Proposal for Construction Environmental Monitoring Services (3113 : Resolution No. 2024-59 Task Order #3 MSN Engineers for IW City of Gonzales
Industrial Wastewater Conveyance and Industrial Wastewater Reclamation Facility Proposal for Construction Monitoring Services
Attachments
Attachment 1
MNS 2024 Standard Schedule of Fees
Packet Pg. 65
Attachment: Proposal for Construction Environmental Monitoring Services (3113 : Resolution No. 2024-59 Task Order #3 MSN Engineers for IW 2 0 2 4 S T A N D A R D S C H E D U L E O F F E E S

PROJECT/PROGRAM MANAGEMENT
Principal-In-Charge ............................... $340 Senior Project/Program Manager ...... 325
Project/Program Manager .................... 275
Assistant Project/Program Manager 255
Senior Project Coordinator ................... 195
Project Coordinator ................................. 165

ENGINEERING
Principal Engineer .................................. $305 Lead Engineer ............................................ 270 Supervising Engineer .............................. 255 Senior Project Engineer ......................... 235
Project Engineer........................................ 210 Associate Engineer .................................. 190 Assistant Engineer.................................... 175

SURVEYING
Principal Surveyor .................................. $280 Lead Surveyor ............................................ 270 Supervising Surveyor .............................. 230 Senior Project Surveyor ......................... 210
Project Surveyor........................................ 185 Associate Project Surveyor ................... 175
Assistant Project Surveyor .................... 160
Party Chief (PW) ........................................ 190 Chainperson (PW) .................................... 160 One-Person Survey Crew (PW) ........... 225

TECHNICAL SUPPORT
CADD Manager ....................................... $210 Supervising Technician .......................... 180
Senior Technician ..................................... 170 Engineering Technician ......................... 130

CONSTRUCTION MANAGEMENT
Principal Construction Manager ...... $335
Senior Construction Manager ............. 290
Senior Resident Engineer ...................... 280
Resident Engineer .................................... 270 Structure Representative ....................... 260
Construction Manager ........................... 230
Assistant Resident Engineer................. 215
Sr. Construction Inspector (PW) ........ 198
Construction Inspector (PW) .............. 188
Office Administrator ................................ 135

PLANNING
Planning Director ................................... $235 City Planner/Planning Manager ......... 220
Principal Planner ....................................... 205 Senior Planner ........................................... 190 Associate Planner ..................................... 160 Assistant Planner ...................................... 135 Planning Technician ................................ 115

ADMINISTRATIVE SUPPORT
Senior Management Analyst ............. $195
Management Analyst.............................. 165
IT Technician ............................................... 150 Graphics/Visualization Specialist ....... 160
Administrative Assistant ........................ 105

GOVERNMENT SERVICES
City Engineer ........................................... $265 Deputy City Engineer .............................. 235 Assistant City Engineer ........................... 225 Plan Check Engineer................................ 185 Permit Engineer ......................................... 175 City Inspector ............................................. 175 Senior City Inspector (PW) .................. 198
City Inspector (PW) .................................. 188 Principal Stormwater Specialist .......... 190
Senior Stormwater Specialist ............... 180
Stormwater Specialist ............................. 170 Stormwater Technician .......................... 150
Building Official ......................................... 250 Senior Building Inspector ...................... 200
Building Inspector .................................... 175 Senior Grant Writer .................................. 190 Grant Writer ................................................ 180 Associate Grant Writer ........................... 160
Assistant Grant Writer ............................ 145

DIRECT EXPENSES
Use of outside consultants as well as copies, blueprints, survey stakes, monuments, computer plots, telephone, travel (out of area) and all similar charges directly connected with the work will be charged at cost plus ten percent (10%). Mileage will be charged at the current federal mileage reimbursement rate.

PREVAILING WAGE RATES
Rates shown with Prevailing Wage “(PW)” annotation are used for field work on projects subject to federal or state prevailing wage law and are subject to increases per DIR.

ANNUAL ESCALATION
Standard fee rates provided for each classification are subject to 5% annual escalation or the most recent US Bureau of Labor Statistics Consumer Price Index, whichever is higher.

OVERTIME
Overtime for non-exempt employees will be charged at 1.5 x hourly rate; overtime for exempt employees and other classifications will be charged at 1 x hourly rate.

Rev. 1/9/2024
Packet Pg. 66
Attachment: Proposal for Construction Environmental Monitoring Services (3113 : Resolution No. 2024-59 Task Order #3 MSN Engineers for IW City of Gonzales
Industrial Wastewater Conveyance and Industrial Wastewater Reclamation Facility Proposal for Construction Monitoring Services
Attachments
Attachment 2
Paleontologist Staff Resumes
Packet Pg. 67
Attachment: Proposal for Construction Environmental Monitoring Services (3113 : Resolution No. 2024-59 Task Order #3 MSN Engineers for IW Material Culture Consulting, Inc. | 2701 N. Towne Ave., Suite B, Pomona CA 91767 | wwww.materialcultureconsulting.com ANDREW PEREW, B.A.

STAFF PALEONTOLOGIST AND ARCHAEOLOGIST II

PROFILE
Mr. Perew has over six years of experience in cultural resource management involving archaeology and paleontology resource monitoring. Andrew earned his bachelor’s degree in anthropology with a minor in geosciences from the University of Arizona in 2015 and is currently working towards his master’s degree in Geographic Information Systems. Mr. Perew has performed cultural resources management services across several western United States, including California, Arizona, Nevada, and New Mexico. He also has project experience in Illinois, New Jersey, North Dakota, and Virginia. As a qualified archaeologist and cross-qualified paleontologist, he has worked on small-and-large scale archaeological and paleontological projects throughout California. He is experienced in Phase I – survey, Phase II – site testing and evaluation, and Phase III – data recovery investigations. Mr. Perew’s experience spans several sectors, including renewable energy, electrical utilities, oil and gas, and federal projects.

PROJECT EXPERIENCE
Construction Package 2-3
California High-Speed Rail Authority :: Fresno, Tulare, and Kern Counties, CA Staff Paleontologist. Mr. Perew is performing paleontological monitoring during earth-moving activities including grading, drilling, and trenching involving native soils in areas identified as sensitive for paleontological resources. The CP 2-3 Project is a 60-mile route located within the counties of Fresno, Tulare, and Kings and includes the construction of at-grade, aerial, and possible below-grade sections of the high-speed train, relocation and possible crossing of BNSF railroad tracks, roadway constructions, and the construction of waterway and wildlife crossings. The joint lead agencies are the Federal Railroad Administration and the California High-Speed Rail Authority (CAHSR) for the National Environmental Policy Act and CASHR for the California Environmental Quality Act.

Camp Pendleton TL691
San Diego Gas & Electric :: Fallbrook, Camp Pendleton, CA Staff Paleontologist. Mr. Perew performed paleontological monitoring during earth moving activities including grading, trenching, and drilling. Andrew’s responsibilities include maintaining communication with all involved parties and completing and submitting paperwork and photographic records. The Project includes wood pole structure replacement with steel pole structures, removal of pole structures from service, installation of new pole structures to the alignment, overhead pole top work activities, removal of existing anchors, and installation anchors located on Camp Pendleton and private lands off the Base. The new steel poles would consist of both direct- bury and foundation pole structures. In addition, the power and distribution lines would be reconductored along the alignment. New fiber optic cable would also be installed on the steel pole. Substation modifications would occur to accommodate the new conductor and fiber optic terminations.

U.S 50 Multimodal Corridor Enhancement and Rehabilitation Project Caltrans District 3 :: Sacramento, CA
Staff Paleontologist. Mr. Perew provided paleontological resource monitoring during CIDH foundation pile excavations to depths of up 100 feet below ground surface that have the potential to impact native sediments of the Holocene- to Pleistocene-age Modesto Formation and Pleistocene-age Riverbank Formation. The project involved the enhancement and rehabilitation of the U.S. 50 Highway by adding approximately 7.5 miles of High Occupancy Vehicle (HOV) lanes in both directions on U.S. 50 from the U.S. 50/Interstate 5 Interchange to the U.S. 50/Watt Avenue Interchange, completing the U.S. 50 carpool system from the eastern foothill communities into downtown Sacramento. The project is being constructed by Caltrans District 3 (the Lead Agency) in partnership with the Sacramento Transportation Authority (STA), Sacramento Area Council of Governments (SACOG), and Sacramento Regional Transit (SacRT).

EXPERIENCE
6 years

EDUCATION
M.A. Geographic Information Systems
University of Arizona, in progress
B.A. Anthropology, minor in
Geosciences
University of Arizona, 2015
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Attachment: Proposal for Construction Environmental Monitoring Services (3113 : Resolution No. 2024-59 Task Order #3 MSN Engineers for IW Andrew Perew

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2 East San Fernando Valley Transit Corridor Project
Los Angeles County Metropolitan Transportation Authority :: Van Nuys, CA Staff Paleontologist. Mr. Perew performed paleontological monitoring during ground-disturbing activities. Andrew’s responsibilities included maintaining communication with all involved parties and completing and submitting paperwork and photographic records. The Project will improve connections and access to key destinations while connecting transit users to the growing network in the San Fernando Valley.

River Walk Village Project
California West Communities :: Menifee, Riverside County, CA Staff Paleontologist. Mr. Perew performed paleontological monitoring during ground-disturbing activities in native sediments. His responsibilities included maintaining communication with all involved parties and completing and submitting paperwork and photographic records. The Project will construct a tract map for condominium purposes for the development of 198 detached townhomes. The proposed parcel is approximately 14.21 net acres on a lightly grubbed vacant lot, which includes 1.9 acres of open space and 0.3 acres of recreational open space. The City of Menifee is the lead agency under the California Environmental Quality Act (CEQA).

Stratford II TM 38701-1
Pulte Group, Inc. :: Perris, Riverside County, CA
Staff Paleontologist. Mr. Perew performed paleontological monitoring during ground-disturbing activities in native sediments. His responsibilities included maintaining communication with all involved parties and completing and submitting paperwork and photographic records. Project will develop 87 residential lots, one (1) open space lot, and an interim stormwater basin on a 52-acre parcel. A review of geologic mapping indicates that the Project Area is underlain by low paleontological sensitivity Holocene young alluvial deposits, which are often underlain by high sensitivity Pleistocene very old alluvial fan deposits at depth.

Wildomar Horizons TR 36672 Project
Lennar Communities :: Riverside County, CA
Staff Paleontologist. Mr. Perew performed paleontological monitoring during ground-disturbing activities in native sediments. His responsibilities include maintaining communication with all involved parties and completing and submitting paperwork and photographic records. The project area is mapped entirely as high paleontological sensitivity Pleistocene-toPliocene age Pauba Formation Sandstone Member. The project consisted of the construction of a mixed-use residential and assisted living development located on 22.1 acres in the City of Wildomar.

Adam’s Avenue Affordable Housing
National Community Renaissance :: Murrieta, Riverside County, CA Staff Paleontologist. Mr. Perew performed paleontological monitoring during ground-disturbing activities in native sediments. The Project will construct three high density residential buildings consisting of 119 “family housing units” and eighty-one “senior housing units” with associated parking and other related improvements on a 6.5-acre parcel. The project would construct and operate four four-story residential buildings with 200 total units, including three multi- family housing buildings and one senior housing building.

Rancho Diamante Phase II Project
City of Hemet :: Hemet, Riverside County, CA
Staff Paleontologist. Mr. Perew performed paleontological monitoring during ground-disturbing activities in native sediments. This Project proposes the development of 1,008 residential units on 244 gross acres comprised of three parcels (TMs 35392, 35393, and 35394). This current Project is specific to development of TM 35392.

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3 I-15 Logistics Center
City of Fontana :: Fontana, CA
Staff Archaeologist and Paleontologist. Mr. Perew is performing archaeological and paleontological monitoring during ground-disturbing activities. His responsibilities include maintaining communication with all involved parties and completing and submitting paperwork and photographic records. The Project includes the development and operation of a 1,175,720-square foot logistics facility on approximately 76 acres; the realignment of a segment of Lytle Creek Road from the western Project boundary eastward to a new intersection with Sierra Avenue; and the annexation of 152 acres.

Jurupa Valley Agua Mansa
Carson Companies :: Riverside, CA
Staff Archaeologist and Paleontologist. Mr. Perew provided archaeological and paleontological resource monitoring services during ground disturbing phases of the project. His responsibilities include maintaining communication with all involved parties and completing and submitting paperwork and photographic records. The project site consists of approximately

23.44 gross acres of undeveloped land in the City of Jurupa Valley, in Riverside County. The project includes the development of two industrial buildings totaling 333,101 square feet, and related site improvements including landscaping, parking, and infrastructure facilities.

Packet Pg. 70
Attachment: Proposal for Construction Environmental Monitoring Services (3113 : Resolution No. 2024-59 Task Order #3 MSN Engineers for IW Material Culture Consulting, Inc. | 2701 N. Towne Ave., Suite B, Pomona CA 91767 | wwww.materialcultureconsulting.com

BONNIE RUSH, BA

FIELD DIRECTOR

PROFILE
Ms. Rush has over three years of experience in cultural resource management involving archaeology and paleontology resource monitoring. Bonnie earned her bachelor’s degree in anthropology with a minor in history from California State University, Los Angeles, in 2021. Over the past two years her experience has focused on utility and renewable sector projects, and she has performed extended phase I testing, archaeological surveys, and cultural resources monitoring throughout California. Ms. Rush regularly supervises teams of 2-6 individuals on behalf of MCC and is currently the co-field lead on SCE Castle Fire. Ms. Rush has worked on projects subject to Federal, State, and local government regulations within California. She has experience with gathering and maintenance of field data with Android tablets using Collector and Juniper Geode submeter receivers. She has participated in archaeological and paleontological construction monitoring, survey, archaeological testing, and data recovery efforts as a crew member throughout Southern California.

PROJECT EXPERIENCE
Adam’s Avenue Affordable Housing
National Community Renaissance :: Murrieta, Riverside County, CA Staff Paleontologist. Ms. Rush performed paleontological monitoring during ground-disturbing activities in native sediments. The Project will construct three high density residential buildings consisting of 119 “family housing units” and one residential buildings consisting of eighty-one “senior housing units” with associated parking and other related improvements on a 6.5-acre parcel. The project would construct and operate four four-story residential buildings with 200 total units, including three multi- family housing buildings and one senior housing building.

I-15 Logistics Center
City of Fontana :: Fontana, San Bernardino County, CA
Staff Paleontologist and Archaeologist. Ms. Rush is performing paleontological and archaeological monitoring during ground-disturbing activities. Her responsibilities include maintaining communication with all involved parties and completing and submitting paperwork and photographic records. The Project includes the development and operation of a 1,175,720-square foot logistics facility on approximately 76 acres (Logistics Site); the realignment of a segment of Lytle Creek Road from the western Project boundary eastward to a new intersection with Sierra Avenue; and the annexation of 152 acres (Annexation Area or Project Area), inclusive of the 76-acre Logistics Site.

Palomino Business Park
Caprocks Partners :: Riverside County, CA
Staff Paleontologist and Archaeologist. Ms. Rush provided paleontological and cultural resource monitoring services during ground-disturbing phases of the project. The Palomino Business Park Project is redeveloping approximately 110 acres of land within the City of Norco for a new business park that will include industrial, commercial, and office uses. The project includes construction of approximately 2,050,000 square feet of new building space and related onsite and offsite improvements.

Fallbrook 40 MW Battery Energy Storage System
AES Corporation :: San Diego County, CA
Staff Archaeologist and Paleontologist. Ms. Rush conducted archaeological and paleontological monitoring during excavations for the construction of a 40 megawatt Battery Energy Storage System facility on parcels designated for M52 Limited Impact Industrial uses. Her responsibilities included maintaining communication with all involved parties and completing and submitting paperwork and photographic records.

EXPERIENCE
3 years

EDUCATION
B.A. Anthropology minor History
California State University, Los Angeles,
2021
Packet Pg. 71
Attachment: Proposal for Construction Environmental Monitoring Services (3113 : Resolution No. 2024-59 Task Order #3 MSN Engineers for IW 2 MEP Poles and Wires Program
Southern California Edison :: Sequoia National Forest
Field Director. Ms. Rush provides project management and field support to complete archaeological field surveys, monitoring, and testing for the program. Ms. Rush has assisted on multiple task orders, which include supervision and mobilization of personnel for fieldwork, completion of California State Department of Parks and Recreation (DPR) 523 forms, collection of GIS data generated, submittal of daily progress reports, and coordination between the prime contractor and construction personnel.

Castle Fire Restoration Emergency Work
Southern California Edison :: Sequoia National Forest
Field Director. Ms. Rush assists with project management, conducts archaeological field surveys, and performs archaeological monitoring for emergency fire restoration activities within SQNF along SCE’s ROW. Post-fire restoration work includes line clearing and tree trimming/removal, maintaining and repairing roads, and replacing damaged SCE infrastructure. Her daily responsibilities include maintaining project communication with construction crews and other environmental specialists, interacting with SQNF archaeologists, submitting daily logs, preparing site forms and photographic records.

French Fire Restoration Emergency Work
Southern California Edison :: Sequoia National Forest
Field Director. Ms. Rush assists with project management, conducts archaeological field surveys, and performs archaeological monitoring for emergency fire restoration activities within SQNF along SCE’s ROW. Post-fire restoration work includes line clearing and tree trimming/removal, maintaining and repairing roads, and replacing damaged SCE infrastructure. Her daily responsibilities include maintaining project communication with construction crews and other environmental specialists, interacting with SQNF archaeologists, submitting daily logs, preparing site forms and photographic records.

Park Estates Sylmar
Sothern California Gas Company :: Sylmar, Los Angeles County Staff Archaeologist. Ms. Rush performed archaeological monitoring during ground-disturbing activities. The Project includes approximately 4,508 (2,578 of 2” PE Main and 1,930 of ½” service lines) linear feet of trenching, up to 3 feet below ground surface, to add SoCalGas service lines to the Sylmar Park Estates Mobile Home Park. Her responsibilities included maintaining communication with all involved parties and completing and submitting paperwork and photographic records.

Paso Robles Airport Solar
Onyx Renewables :: Paso Robles, CA
Staff Archaeologist. Ms. Rush performed archaeological monitoring during ground-disturbing activities. This project is to construct a solar array within the 26-acre project area located directly north of the Paso Robles Municipal Airport. Ms.

Rush’s responsibilities included maintaining communication with all involved parties and completing and submitting paperwork and photographic records.

L1004 MP 10.43 Drop Section Project
California Dept of Transportation and Southern California Gas Company :: District 5, Santa Barbara, CA Staff Archaeologist. Ms. Rush is conducting archaeological monitoring during all ground-disturbing activities in culturally sensitive areas. CALTRANS is widening the 101 Freeway. Her responsibilities included maintaining communication with all involved parties and completing and submitting paperwork and photographic records.

O&M 5096001 Goleta Air Conversion Project
Southern California Gas Company :: Santa Barbara County, CA Staff Archaeologist. Ms. Rush was part of a team that performed Extended Phase I (XPI) and Phase II Archaeological Investigation in support of the O&M 5096001 Goleta Air Conversion Project located in Santa Barbara County, California.

The project site lies within three previously recorded prehistoric archaeological sites. The project proposes to convert existing piping and equipment from using natural gas to instrument air.

Packet Pg. 72
Attachment: Proposal for Construction Environmental Monitoring Services (3113 : Resolution No. 2024-59 Task Order #3 MSN Engineers for IW 3 Veterans Affairs West Los Angeles Hospital Lot 38 Project Department of Veterans Affairs Greater Los Angeles Healthcare System :: Los Angeles, CA Staff Archaeologist. Ms. Rush provided archaeological resource monitoring services during ground disturbing phases of the project. This project is relocating utilities to replace abandoned utilities at MacArthur Field on the Veterans Affairs Hospital property. Her responsibilities included maintaining communication with all involved parties and completing and submitting paperwork and photographic records.

NPS MOJA Survey
Southern California Edison :: Mojave National Preserve, CA Staff Archaeologist. Ms. Rush participated in a 30-acre pedestrian survey across lands administered by Mojave National Preserve in support of Southern California Edison's Operations and Maintenance Program. Ms. Rush’s responsibilities included the identification and recordation of resources, maintaining daily paperwork and photos, and safely navigating difficult terrain to reach work areas.

Box Springs Project
Pulte Group :: Riverside County, CA
Staff Archaeologist. Ms. Rush performed archaeological monitoring during ground disturbing activities for this residential development project. The project is constructing 138 single family residential lots with an average size of 6, 713 square feet and the 12 open space lots encompassing 13.95 acres of the total project area. Her responsibilities include maintaining communication with all involved parties and completing and submitting paperwork and photographic records.

Heavy Tree Removal Program
Southern California Edison :: Sequoia, Sierra, Inyo, San Bernardino, and Los Padres National Forests Staff Archaeologist. Ms. Rush performs cultural resources monitoring and survey while coordinating with tree crews, biologists, and SCE lead representatives. This program is a result of the CPUC’s mandate that utilities eliminate public hazards associated with dead, dying, and diseased trees within utility corridors, of which the USDA Forest Service found that up to 30% of native and non-native trees within SCE’s service territory has been adversely affected by drought conditions and beetle infestations.

Culture Resources Study along the Tico 16kV and Seacliff 16kV, TD1740261, TD1774215, TD1774232, TD1774300, and TD1778136
Southern California Edison :: Ventura County, CA
Staff Archaeologist. Ms. Rush participated as part of a two-person crew to survey 15 deteriorated power poles. Her duties included recording new resources and post-processing forms.

Deteriorated Pole Replacement Program – Rurals North Region, TD1829923, TD1847912, TD1847911, TD1847959, TD1847963, TD1847962, TD1847953, TD1847951, TD1847949, TD1847948, and TD1847947 Southern California Edison :: Inyo and San Bernardino Counties, CA Staff Archaeologist. Ms. Rush was part of a two-person crew to survey 12 proposed pole replacement locations for multiple task orders located in the SCE Rurals North region. Her duties included survey activities, completing all associated field paperwork, recording new resources, photography, and post-processing of forms.

Inglewood Extended Phase I Testing
Inglewood, CA
Staff Archaeologist. Ms. Rush participated in extended phase I testing, including collecting artifacts for future analysis. Her duties included survey activities, completing all associated field paperwork, recording new resources, photography, and post-processing of forms.

Slate Solar Project Extended Phase I Testing
Recurrent Energy :: Lemoore, CA
Staff Archaeologist. Ms. Rush worked alongside the Santa Rosa Band of Cahuilla Indians during the testing activities and recovery of prehistoric and historic artifacts.

Packet Pg. 73
Attachment: Proposal for Construction Environmental Monitoring Services (3113 : Resolution No. 2024-59 Task Order #3 MSN Engineers for IW Material Culture Consulting, Inc. | 2701 N. Towne Ave., Suite B, Pomona CA 91767 | wwww.materialcultureconsulting.com JASPER WOOTEN, B.A.

STAFF ARCHAEOLOGIST II AND PALEONTOLOGIST II

PROFILE
Jasper Wooten is a cross-trained archaeologist and paleontologist with over three years of professional experience in cultural resource management. Jasper has experience in identification, collection, and recording of Southern California prehistoric and historic archaeological materials and has experience in identification of paleontological materials and fossil identification. Jasper’s fieldwork experience includes data collection, documentation, and laboratory work. They have participated in monitoring, survey, and excavation efforts as a crew member in California and North Dakota. Jasper has varied experience in construction monitoring including mass grading commercial developments, Solar Farm construction, oil pipeline, water reclamation projects, and transportation including Los Angeles County Metropolitan Transportation Authority (Metro) and California Dept of Transportation (Caltrans).

PROJECT EXPERIENCE
East San Fernando Valley Transit Corridor Project
Los Angeles County Metropolitan Transportation Authority :: Van Nuys, CA Paleontologist. Jasper performed paleontological monitoring during grounddisturbing activities. Their responsibilities included maintaining communication with all involved parties and completing and submitting paperwork and photographic records. The Project will improve connections and access to key destinations while connecting transit users to the growing network in the San Fernando Valley.

U.S 50 Multimodal Corridor Enhancement and Rehabilitation Project Caltrans District 3 :: Sacramento, CA
Staff Paleontologist. Jasper provides paleontological resource monitoring during CIDH foundation pile excavations to depths of up 100 feet below ground surface that have the potential to impact native sediments of the Holocene- to Pleistocene-age Modesto Formation and Pleistocene-age Riverbank Formation. The project involves the enhancement and rehabilitation of the U.S. 50 Highway by adding approximately 7.5 miles of High Occupancy Vehicle (HOV) lanes in both directions on U.S. 50 from the U.S. 50/Interstate 5 Interchange (Post Mile [PM] L0.6) to the U.S. 50/Watt Avenue Interchange (PM R5.3), completing the U.S. 50 carpool system from the eastern foothill communities into downtown Sacramento. The project is being constructed by Caltrans District 3 (the Lead Agency) in partnership with the Sacramento Transportation Authority (STA), Sacramento Area Council of Governments (SACOG), and Sacramento Regional Transit (SacRT).

River Walk Village Project
California West Communities :: Menifee, Riverside County, CA Staff Paleontologist. Jasper performed paleontological monitoring during ground-disturbing activities in native sediments.

Their responsibilities included maintaining communication with all involved parties and completing and submitting paperwork and photographic records. The Project will construct a tract map for condominium purposes for the development of 198 detached townhomes. The proposed parcel is approximately 14.21 net acres on a lightly grubbed vacant lot, which includes 1.9 acres of open space and 0.3 acres of recreational open space. The City of Menifee is the lead agency under the California Environmental Quality Act (CEQA).

Stratford II TM 38701-1
Pulte Group, Inc. :: Perris, Riverside County, CA
Staff Paleontologist. Jasper performed paleontological monitoring during ground-disturbing activities in native sediments.

Their responsibilities included maintaining communication with all involved parties and completing and submitting paperwork and photographic records. Project will develop 87 residential lots, one (1) open space lot, and an interim stormwater basin on a 52-acre parcel. A review of geologic mapping indicates that the Project Area is underlain by low paleontological sensitivity Holocene young alluvial deposits, which are often underlain by high sensitivity Pleistocene very old alluvial fan deposits at depth.

EXPERIENCE
3 years

EDUCATION
B.A. Anthropology
University of Chicago, Chicago, Illinois
2019
Packet Pg. 74
Attachment: Proposal for Construction Environmental Monitoring Services (3113 : Resolution No. 2024-59 Task Order #3 MSN Engineers for IW 2 I-15 Logistics Center
City of Fontana :: Fontana, CA
Staff Paleontologist and Archaeologist. Jasper is performing paleontological and archaeological monitoring during grounddisturbing activities. Their responsibilities include maintaining communication with all involved parties and completing and submitting paperwork and photographic records. The Project includes the development and operation of a 1,175,720- square foot logistics facility on approximately 76 acres (Logistics Site); the realignment of a segment of Lytle Creek Road from the western Project boundary eastward to a new intersection with Sierra Avenue; and the annexation of 152 acres (Annexation Area or Project Area), inclusive of the 76-acre Logistics Site.

Jurupa Valley Agua Mansa
Carson Companies :: Riverside, CA
Staff Paleontologist and Archaeologist. Jasper provided archaeological and paleontological resource monitoring services during ground disturbing phases of the project. Their responsibilities included maintaining communication with all involved parties and completing and submitting paperwork and photographic records. The project site consists of approximately

23.44 gross acres of undeveloped land in the City of Jurupa Valley, in Riverside County. The project included development of the project site with two industrial buildings totaling 333,101 square feet, and related site improvements including landscaping, parking, and infrastructure facilities.

I-5 North County Enhancements
California Dept of Transportation and Los Angles County Metropolitan Transportation Authority :: Santa Clarita, CA Staff Paleontologist. Jasper provides paleontological resource monitoring services during ground disturbing phases of the project. Jasper’s responsibilities include maintaining communication with all involved parties and completing and submitting paperwork and photographic records. The Project will add carpool lanes, replace Weldon Canyon Road bridge, widen seven existing bridges, extend truck lanes, and construct retaining and sound walls along an approximately 14-milelong corridor of I-5 between the I-5/State Route 14 (SR-14) interchange in the Santa Clarita Valley and Parker Road in Castaic. Project construction began in 2021 and is anticipated to be completed in 2026.

Adam’s Avenue Affordable Housing
National Community Renaissance :: Murrieta, Riverside County, CA Staff Paleontologist. Jasper performed paleontological monitoring during ground-disturbing activities in native sediments.

The Project will construct three high density residential buildings consisting of 119 “family housing units” and one residential buildings consisting of eighty-one “senior housing units” with associated parking and other related improvements on a 6.5-acre parcel. The project would construct and operate four four-story residential buildings with 200 total units, including three multi- family housing buildings and one senior housing building.

Cherry Valley Residential Development Project
Cherry Valley, CA
Staff Paleontologist. Jasper provided paleontological resource monitoring services during ground disturbing phases of the project. Their responsibilities included maintaining communication with all involved parties and completing and submitting paperwork and photographic records.

Menifee Residential Development Project
Menifee, CA
Staff Paleontologist. Jasper provided paleontological resource monitoring services during ground disturbing phases of the project. Their responsibilities included maintaining communication with all involved parties and completing and submitting paperwork and photographic records.

Hemet Residential Development Project
Hemet, CA
Staff Paleontologist. Jasper provided paleontological resource monitoring services during ground disturbing phases of the project. Their responsibilities included maintaining communication with all involved parties and completing and submitting paperwork and photographic records.

Packet Pg. 75
Attachment: Proposal for Construction Environmental Monitoring Services (3113 : Resolution No. 2024-59 Task Order #3 MSN Engineers for IW 3 Perris Residential Development Project
Perris, California
Staff Paleontologist. Jasper provided paleontological resource monitoring services during ground disturbing phases of the project. Their responsibilities included maintaining communication with all involved parties and completing and submitting paperwork and photographic records.

Grid Reliability and Maintenance Project
Southern California Edison :: National Park Service- Mojave National Preserve and Private Property, CA Staff Archaeologist. Under the direction of a permitted Field Director, Jasper was part of a team that conducted cultural resources survey of 18.63 acres and performed site recording for SCE’s Grid Reliability and Maintenance Project on lands administered by NPS Mojave National Preserve and Private Property. Their duties included operating GIS applications to record spatial data, complete paperwork and photos, and assist with uploading daily data.

Grid Resiliency Project and Plant Betterment Project
Southern California Edison :: Bureau of Land Management, Bishop Field Office and Private Property, CA Staff Archaeologist. Under the direction of a permitted Field Director, Jasper was part of a team that conducted cultural resources survey of 17.25 acres and performed site recording for SCE’s Grid Resiliency Project and Plant Betterment Project on lands administered by BLM Bishop and Private Property. Their duties included operating GIS applications to record spatial data, complete paperwork and photos, and assist with uploading daily data.

Veterans Affairs West Los Angeles Hospital Lot 38 Project Department of Veterans Affairs Greater Los Angeles Healthcare System :: Los Angeles, CA Staff Archaeologist. Jasper provided archaeological resource monitoring services during ground disturbing phases of the project. Their responsibilities included maintaining communication with all involved parties and completing and submitting paperwork and photographic records.

North Haiwee Dam No. 2 Project
Los Angeles Department of Water and Power (LADWP) and Bureau of Land Management (BLM) :: Lone Pine and Olancha, CA
Staff Archaeologist. Jasper provided cultural resource monitoring services during ground disturbing phases of the project.

Their responsibilities included identification of and documentation of artifacts and sites within the project area, maintaining communication with all involved parties, and completing and submitting paperwork and photographic records. The Project is to improve the seismic reliability of the North Haiwee Reservoir through construction of a new dam, North Haiwee Dam No. 2 (NHD2), in order to maintain the function of an essential water conveyance infrastructure for the City of LA, as well as to protect local populations from a hazardous flooding event.

Various Residential and Commercial Development Projects San Bernardino County, Riverside County, Inland Empire, California Staff Archaeologist. Jasper provided cultural resource monitoring services during ground disturbing phases of multiple mass grading projects within San Bernardino and Riverside County. Their responsibilities included maintaining communication with all involved parties and completing and submitting paperwork and photographic records.

Palen Solar Project
EDF Renewables :: Blythe, CA
Staff Archaeologist. Jasper provided cultural resource monitoring services during ground disturbing phases of this developmental project. Their responsibilities included maintaining communication with all involved parties along with completing and submitting paperwork and photographic records for the client daily. EDF Renewables constructed and operates the 620 MWdc Solar + 50 MW (200 MWh) Storage Palen Project. The project occupies 3,478 acres of federal lands administered by the Bureau of Land Management (BLM) in Riverside County, California, approximately 10 miles east of the unincorporated community of Desert Center, north of Interstate 10.

Packet Pg. 76
Attachment: Proposal for Construction Environmental Monitoring Services (3113 : Resolution No. 2024-59 Task Order #3 MSN Engineers for IW Material Culture Consulting, Inc. | 2701 N. Towne Ave., Suite B, Pomona CA 91767 | wwww.materialcultureconsulting.com JENNIFER RITZ, M.SC.

PRINCIPAL PALEONTOLOGIST

PROFILE
Jennifer Ritz has experience in all aspects of paleontology. She has extensive experience with monitoring, salvage, fieldwork, project management, and report writing, as well as volunteer experience from the La Brea Tar Pits/Page Museum and the Cooper Center of Orange County (Paleontology department) and field experience as a Staff Geologist for Leighton Geotechnical. Her expertise is Geology, and she has her M.S. in Geological Sciences, emphasis in Geochemistry.

Jennifer has taught lab courses in paleontology and general geology and assisted with field mapping classes. Jennifer is HAZWOPER 40-hour certified and a registered Orange County paleontologist. She has authored and co-authored more than 100 paleontological compliance documents, including PRMPs, EIR, EIS, PEA, treatment plans, final monitoring reports, survey reports, and other compliance documents, in compliance with NEPA, CEQA, Caltrans and city and county laws, ordinances, regulations, and statutes.

PROJECT EXPERIENCE
Ontario Ranch Logistic Center
Ontario Land Ventures, LLC :: City of Ontario, County of San Bernardino, California
Paleontological Principal Investigator and Project Manager. Ms. Ritz coordinated all surveying, preparation of compliance and environmental documentation for this project, and authored the PRIMP for this project. Ms.

Ritz also oversaw the paleontological monitoring program for this Project. This was a mass grading project for the construction of two main warehouse buildings for a new industrial park development.

Duration: 2018 – 2021

Rosamond Water Waste Treatment Plant Rehabilitation Project Rosamond Community Services District Wastewater Treatment Plant ::

Rosamond, CA, Kern County
Paleontological Principal Investigator and Project Manager. Ms. Ritz oversaw the paleontological monitoring program when paleontological resources were discovered during construction. The project involved the addition of a wastewater treatment wetland on a 80-acre property owned by the RCSD, located just south of the existing treatment facility. Excavations involved the reconfiguration of the existing pond into three ponds and the conversion of the facultative lagoons to a percolation pond system. Ms. Ritz co-authored the final paleontological mitigation report.

Duration: 2019 - 2020

Saddleback Stadium Improvement Project
South Orange County Community College District :: City of Mission Viejo, Orange County Paleontological Principal Investigator and Project Manager. Ms. Ritz coordinated all surveying, preparation of compliance and environmental documentation for this project, prepared the Paleontological Resources Impact Mitigation Plan (PRIMP), and oversaw the paleontological monitoring program detailed in the PRIMP. Ms. Ritz co-authored the final paleontological mitigation report. This Project was a renovation to the college’s athletic facilities which included the development of a new 8,000 seat stadium.

Duration: 2018 – 2020

EXPERIENCE
15 years

EDUCATION
M.Sc. in Geology
California State University, Long Beach,
California, 2012
B.S., Geology (preliminary work for
entry to M.S. Geology Program)
California State University, Long Beach,
2005

CERTIFICATIONS
• Orange County Certified
Paleontologist
• San Diego County Certified
Paleontologist
• 10HR OSHA (in progress)

PROFESSIONAL MEMBERSHIPS
• Society for Vertebrate
Paleontologists
Packet Pg. 77
Attachment: Proposal for Construction Environmental Monitoring Services (3113 : Resolution No. 2024-59 Task Order #3 MSN Engineers for IW 2 Rider Commerce Center Project
Core5 Industrial Partners :: Perris, CA, Unincorporated Riverside County, California Paleontological Principal Investigator and Project Manager Ms. Ritz coordinated all surveying, preparation of compliance and environmental documentation for this project, and prepared the Paleontological Resources Impact Mitigation Plan (PRIMP). Ms. Ritz also oversaw the paleontological monitoring program for this Project. This was for the development of a 204,300 sqft commerce building which involved the construction of a light industrial warehouse, two offices, and a parking lot.

Duration: 2018-2020
Harvill Industrial Park Project
KCS West :: City of Perris, Riverside County, California Paleontological Principal Investigator and Project Manager. Ms. Ritz coordinated all surveying, preparation of compliance and environmental documentation for this project, and prepared the Paleontological Resources Impact Mitigation Plan (PRIMP). Ms. Ritz also oversaw the paleontological monitoring program for this Project. This was a mass grading project for the development of a new 423,664 sqft warehouse and associated site improvements.

Duration: 2017 – 2020
West of Devers Transmission Line Project
Southern California Edison :: Riverside County, California Paleontological Project Manager. Ms. Ritz provided all project management and paleontological related services. This included proper BLM authorization and permitting to conduct surveying and a research design for field reconnaissance related to PEA, EIS/EIR documentation for the proposed transmission line. She assisted with managing documentation with laws relating to paleontological resources, among which are CEQA and NEPA compliance.

Duration: 2009 – 2016
Regional Connector
Los Angeles County Metropolitan Transportation Authority :: Los Angeles County, CA Paleontological Monitor. Ms. Ritz performed paleontological monitoring during construction involving ground disturbance.

Metro is constructing a new rail line and associated stations to connect future and existing rail lines in the downtown area into an integrated system. The Regional Connector Transit Corridor Project will directly link the 7th Street/Metro Center Station to the Metro Gold Line near Little Tokyo/Arts District Station. The project will involve construction and operation of a 1.9-mile Light Rail Transit (LRT) connector that would link the Metro Blue Line, Metro Gold Line, and Metro Expo Line into a single consolidated system.

Duration: 2015 – 2016
Crenshaw/LAX Mass-Transit Light Rail Line
Los Angeles County Metropolitan Transportation Authority :: Los Angeles, CA Project Coordinator and Monitor. Ms. Ritz performed project scheduling, communication with Metro and construction crew staff, and ensuring project compliance for archaeological and paleontological monitoring during the construction of Metro’s

8.5-mile mass-transit light rail line through southwest Los Angeles. Ms. Ritz also performed paleontological monitoring during ground disturbing activities and Qa/Qc the paleontological documentation.

Duration: 2015 – 2016
Orange Line Bus Enhancement to North Hollywood Red Line Los Angeles County Metropolitan Transportation Authority :: Los Angeles, CA Paleontological Lead and Monitor. Ms. Ritz performed paleontological monitoring during ground disturbance which included trenching and mass-grading for Metro’s construction of a pedestrian tunnel connecting the North Hollywood Metro Orange Line and Metro Red Line Stations. Ms. Ritz was also the Lead Paleontologist overseeing the paleontological monitors and Qa/Qc the paleontological documentation.

Duration: 2014 – 2015
Packet Pg. 78
Attachment: Proposal for Construction Environmental Monitoring Services (3113 : Resolution No. 2024-59 Task Order #3 MSN Engineers for IW 3 Tehachapi Renewable Transmission Project (TRTP) Segments 3 – 11 Southern California Edison :: Kern County, Los Angeles County, San Bernardino County Paleontological Project Manager. Ms. Ritz conducted and led surveys along this project’s right of way. She was also in charge of scheduling monitoring crews during grading in areas of paleontological sensitivity, managing and reviewing log sheets, and tracking data that is incorporated to final reports. Ms. Ritz played a valuable role with scheduling for the project’s needs. She monitored, surveyed, and reported on all paleontological facets of this project as the Lead Paleontological Monitor for segment 3B, which was located near Rosamond, and for segments 4-11 which extended into Los Angeles and San Bernardino Counties. She authored more than 10 of the compliance reports for this project. She also performed monitoring on every segment of this Project.

Duration: 2009 - 2015
Packet Pg. 79
Attachment: Proposal for Construction Environmental Monitoring Services (3113 : Resolution No. 2024-59 Task Order #3 MSN Engineers for IW Material Culture Consulting, Inc. | 2701 N. Towne Ave., Suite B, Pomona CA 91767 | wwww.materialcultureconsulting.com JOEL CRESPO TORRES, B.A.

STAFF ARCHAEOLOGIST AND PALEONTOLOGIST

PROFILE
Mr. Torres earned his bachelor’s degree in European history from the University of Puerto Rico in 2018. He is currently working on his master’s degree in applied archaeology at California State University, San Bernardino. In 2018, he attended an archaeological field school at Mt. Trumbull directed by Dr. Sancho Sakia, where he was taught archaeological field skills, including excavation, field survey, mapping, recording, and artifact analysis. Joel has over two years of experience in cultural resource management involving archaeology and paleontology resource monitoring. Since joining MCC, Joel has expanded his skills and knowledge in the field while performing cultural and paleontological resource monitoring and surveying in Riverside County, San Bernardino County, Inyo, Sequoia, Sierra, and San Bernardino National Forests.

PROJECT EXPERIENCE
River Walk Village Project
California West Communities :: Menifee, Riverside County, CA Staff Paleontologist. Mr. Torres performed paleontological monitoring during ground-disturbing activities in native sediments. His responsibilities included maintaining communication with all involved parties and completing and submitting paperwork and photographic records. The Project will construct a tract map for condominium purposes for the development of 198 detached townhomes. The proposed parcel is approximately 14.21 net acres on a lightly grubbed vacant lot, which includes 1.9 acres of open space and 0.3 acres of recreational open space. The City of Menifee is the lead agency under the California Environmental Quality Act (CEQA).

Stratford II TM 38701-1
Pulte Group, Inc. :: Perris, Riverside County, CA
Staff Paleontologist. Mr. Torres is performing paleontological monitoring during ground-disturbing activities in native sediments. His responsibilities include maintaining communication with all involved parties and completing and submitting paperwork and photographic records. This project will develop 87 residential lots, one (1) open space lot, and an interim stormwater basin on a 52-acre parcel. A review of geologic mapping indicates that the Project Area is underlain by low paleontological sensitivity Holocene young alluvial deposits, which are often underlain by high sensitivity Pleistocene very old alluvial fan deposits at depth.

Rancho Diamante Phase II Project
City of Hemet :: Hemet, Riverside County, CA
Staff Paleontologist. Mr. Torres performed paleontological monitoring during ground-disturbing activities in native sediments. His responsibilities included maintaining communication with all involved parties and completing and submitting paperwork and photographic records. This Project proposes the development of 1,008 residential units on 244 gross acres comprised of three parcels (TMs 35392, 35393, and 35394). This current Project is specific to development of TM 35392.

Adam’s Avenue Affordable Housing
National Community Renaissance :: Murrieta, Riverside County, CA Staff Paleontologist. Mr. Torres performed paleontological monitoring during ground-disturbing activities in native sediments. His responsibilities included maintaining communication with all involved parties and completing and submitting paperwork and photographic records. The Project will construct three high density residential buildings consisting of 119 “family housing units” and one residential buildings consisting of eighty-one “senior housing units” with associated parking and other related improvements on a 6.5-acre parcel. The project would construct and operate four four-story residential buildings with 200 total units, including three multi- family housing buildings and one senior housing building.

EXPERIENCE
2 years

EDUCATION
M.A., Applied Archaeology
California State University, San
Bernardino
In progress
B.A. European History
University of Puerto Rico
2018
Packet Pg. 80
Attachment: Proposal for Construction Environmental Monitoring Services (3113 : Resolution No. 2024-59 Task Order #3 MSN Engineers for IW Joel Crespo

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Material Culture Consulting, Inc. | 2701 N. Towne Ave., Suite B, Pomona CA 91767 | wwww.materialcultureconsulting.com I-15 Logistics Center
City of Fontana :: Fontana, CA
Staff Archaeologist and Paleontologist. Mr. Torres is performing archaeological and paleontological monitoring during ground-disturbing activities. His responsibilities include maintaining communication with all involved parties and completing and submitting paperwork and photographic records. The Project includes the development and operation of a 1,175,720-square foot logistics facility on approximately 76 acres (Logistics Site); the realignment of a segment of Lytle Creek Road from the western Project boundary eastward to a new intersection with Sierra Avenue; and the annexation of 152 acres (Annexation Area or Project Area), inclusive of the 76-acre Logistics Site.

Fallbrook 40 MW Battery Energy Storage System
AES Corporation :: San Diego County, CA
Staff Archaeologist and Paleontologist. Mr. Torres conducted archaeological and paleontological monitoring during excavations for the construction of a 40-megawatt Battery Energy Storage System facility on parcels designated for M52 Limited Impact Industrial uses. Zac’s responsibilities included maintaining communication with all involved parties and completing and submitting paperwork and photographic records.

Jurupa Valley Agua Mansa
Carson Companies :: Riverside, CA
Staff Paleontologist and Archaeologist. Mr. Torres provided archaeological and paleontological resource monitoring services during ground disturbing phases of the project. His responsibilities included maintaining communication with all involved parties and completing and submitting paperwork and photographic records. The project site consists of approximately

Palomino Business Park
Caprocks Partners :: Riverside County, CA
Staff Paleontologist and Archaeologist. Mr. Torres provided paleontological and cultural resource monitoring services during ground-disturbing phases of the project. The Palomino Business Park Project is redeveloping approximately 110 acres of land within the City of Norco for a new business park that will include industrial, commercial, and office uses. The project includes construction of approximately 2,050,000 square feet of new building space and related onsite and offsite improvements.

Storm Vegetation Management Program
Southern California Edison :: San Bernardino National Forrest, CA Staff Archaeologist. Mr. Torres conducted archaeological monitoring and pre-survey for tree felling within the SBNF. His responsibilities include maintaining communication with all involved parties and completing and submitting paperwork and photographic records.

San Jacinto Det Pole and CCP Program
Southern California Edison :: San Jacinto, CA
Staff Archaeologist. Mr. Torres is conducting monitoring support during excavations for pole installation and trenching. His responsibilities include maintaining communication with all involved parties and completing and submitting paperwork and photographic records.

Routine Line Clearing Program
Southern California Edison :: Inyo National Forest
Staff Archaeologist. Mr. Torres provided archaeological monitoring during tree removal along Casa Diablo – Rush Creek 115kV alignment within the INF. His daily responsibilities included maintaining project communication with construction crews and other environmental specialists, interacting with INF archaeologists, submitting daily logs, preparing site forms and photographic records.

Packet Pg. 81
Attachment: Proposal for Construction Environmental Monitoring Services (3113 : Resolution No. 2024-59 Task Order #3 MSN Engineers for IW Joel Crespo

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Material Culture Consulting, Inc. | 2701 N. Towne Ave., Suite B, Pomona CA 91767 | wwww.materialcultureconsulting.com Deteriorated Pole Replacement Program
Southern California Edison :: Private Land, Kern County, CA Staff Archaeologist. Mr. Torres conducted a pedestrian survey to identify any potential impacts or effects that may occur to cultural resources because of pole replacement activities. He was responsible for collecting geospatial data on tablets with sub-meter geodes, syncing the data, and relaying important information to office staff. Mr. Torres was also responsible for filling out appropriate forms and recording new resources found during surveys.

Master Special Use Permit (MSUP) Projects
Southern California Edison :: Private Land, Riverside County, CA Staff Archaeologist. Mr. Torres conducted a pedestrian survey to identify any potential impacts or effects that may occur to cultural resources as a result of pole replacement activities. He was responsible for collecting geospatial data on tablets with sub-meter geodes, syncing the data, and relaying important information to office staff. Mr. Torres was also responsible for filling out appropriate forms and recording new resources found during surveys.

Humbold-Toiyabe National Forest (HTNF) Circuit Survey
Southern California Edison :: Mono County
Staff Archaeologist. Mr. Torres was part of a team that surveyed the Pickle Meadow 16 kilovolt (kV) Distribution line located northwest of Bridgeport, extending for approximately 16 miles along US-395, between the Bridgeport Ranger Station and the USMC Mountain Warfare School. The Robinson Creek 16 kV Distribution line extends for approximately 9 miles southwest of Bridgeport, to Twin Lakes. Overall, the survey area measures approximately 750 acres.

Box Springs Project
Pulte Group :: Riverside County, CA
Staff Archaeologist. Mr. Torres is performing archaeological monitoring during ground disturbing activities for this residential development project. The project is constructing 138 single family residential lots with an average size of 6, 713 square feet and the 12 open space lots encompassing 13.95 acres of the total project area. His responsibilities include maintaining communication with all involved parties and completing and submitting paperwork and photographic records.

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Attachment: Proposal for Construction Environmental Monitoring Services (3113 : Resolution No. 2024-59 Task Order #3 MSN Engineers for IW 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: Resolution No. 2024-60 Agreements and Services from Various Consultants to Secure an Interim Loan for Construction of the Industrial Wastewater System

RECOMMENDATION
It is recommended that the City Council Adopt Resolution No. 2024-60, A Resolution of the City Council of the City of Gonzales, Authorizing the City Manager to Execute Agreements and/or Proceed with Services from Various Consultants to Secure an Interim Loan for Construction of the Industrial Wastewater System.

BACKGROUND
The City has secured funding through the State Water Resources Control Board (SWRCB) for construction of the Industrial Wastewater System. The Funding Agreement with SWRCB requires the City to submit for reimbursement of costs incurred. The City cannot request reimbursement for Project Costs until such cost has been incurred and is due and payable by the City. Due to the delay in reimbursement, the City expects it will need an Interim Loan to bridge the gap between paying for project costs and receiving reimbursement from SWRCB.

REVIEW AND ANALYSIS
As mentioned above the City expects it will need an Interim Loan to bridge the gap between paying for project costs and receiving reimbursement for such project costs from SWRCB. It is anticipated that reimbursement from SWRCB will take between three to five months. This timing difference will result in the City needing short-term cashflow of up to $10 million. Due to the short-term cashflow need, the City will secure an Interim Loan.

AGENDA
ITEM
11 Packet Pg. 83
Approval for such Interim Loan is expected to be on the City Council agenda later this year. However, to facilitate the process for securing such funding, the City requires the expertise and services of the following consultants:

1. Kutak Rock to perform Bond Counsel services in connection with the Financing

2. NHA Advisors LLC, to perform Municipal Advisor services in connection with the Financing; and

3. Hilltop Securities, to serve as Placement Agent in connection with the Financing.

Kutak Rock’s proposed fees to serve as Bond Counsel for the proposed interim loan are $25,000. Hilltop Securities’ proposed fees for services related to the Interim Loan are not-to-exceed a flat fee of $25,000 to provide Placement Agent services to the City. NHA Advisors proposed fees range from $37,500 to $47,500 depending on the financing structure, complexity, the extent of NHA’s tasking and, generally, how much time it will take to complete the financing.

The proposed fees for consultant services will be paid contingent upon the completion of securing the necessary Interim Loan.

This is the same group of consultants that successfully secured the construction loan for Phase 1 of the Community Center Complex project.

Therefore, staff recommends that the City Council Adopt Resolution No. 2024-60 authorizing the City Manager to execute agreements and/or proceed with services from various consultants to secure an Interim Loan for construction of the Industrial Wastewater System.

Explain: This project supports our vision by making improvements to the wastewater system to increase its capacity for residential and industrial developments 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. _ Yes ____ No____ N/A
Explain: Maintaining and improving the wastewater treatment plant enhances the community’s quality of life by providing for treatment and safe disposal of the City’s wastewater.

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

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

ALTERNATIVES
The City Council could direct staff to seek additional proposals. Staff doesn’t recommend this as the proposed consultants have provided services to the City on several recent, important transactions.

Additionally, there is some urgency to engage them for the Interim Loan for timely execution.

BUDGET IMPACT
Consultants expected costs for the interim funding are:

Kutak Rock $25,000
Hilltop Securities $25,000
NHA Advisors $37,500 - $47,500
The services provided in conjunction with the Interim Loan will be contingent upon loan closing. It is anticipated that SWRCB reimbursements cannot be used towards interest costs or financing costs and therefore the source of repayment of such components will come from Impact Fees or net revenues of the Wastewater System.

CONCLUSION
It is recommended that the City Council Adopt Resolution No. 2024-60, A Resolution of the City Council of the City of Gonzales, Authorizing the City Manager to Execute Agreements and/or Proceed with Services from Various Consultants to Secure an Interim Loan for Construction of the Industrial Wastewater System.

Attachments:

1. Resolution No. 2024-60

2. Kutak Rock LLP Fee Letter

3. Hilltop Securities Non-Binding Engagement Letter

4. NHA Advisors Regulatory Disclosure Letter
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RESOLUTION NO. 2024-60

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS AND/OR

PROCEED WITH SERVICES FROM VARIOUS CONSULTANTS TO SECURE AN

INTERIM LOAN FOR CONSTRUCTION OF THE

INDUSTRIAL WASTEWATER SYSTEM
WHEREAS, the City will expand the city’s wastewater system by constructing an Industrial Wastewater System (IW System) with an initial capacity of 1.0 million gallons/day; and
WHEREAS, a CEQA-Plus EIR for the IW System was adopted in October 2021 and construction documents (plans, technical specifications, and cost estimate) were completed in September 2022, and as such, no further CEQA analysis is needed for the agreement contemplated in this resolution; and
WHEREAS, the IW System will be delivered though two construction contracts (the IW Pipeline contract and the IW Treatment Facility contract); and WHEREAS, funding to construct the IW System will come a $29M State Revolving Fund loan that will be paid back with the city’s Sewer Rates; and WHEREAS, the City needs to secure an Interim Loan to bridge the gap between paying for project costs and receiving reimbursement for such project costs from SWRCB several months later; and
WHEREAS, to facilitate securing such funding, the city requires the expertise and services of the following consultants:

1. Kutak Rock to perform Bond Counsel services in connection with the Financing

2. NHA Advisors to perform Municipal Advisor services; and

3. Hilltop Securities, to serve as Placement Agent in connection with the Financing.

NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Gonzales that the Council authorizes the City Manager to execute agreements and/or proceed with services from various consultants to secure an Interim Loan for construction of the Industrial Wastewater System.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 7
th day of October 2024, by the following vote:

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Attachment: Resolution No. 2024-60 (3114 : Resolution No. 2024-60 Services from Various Consultants for IW System Interim Loan)

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AYES: COUNCILMEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_______________________________
Jose L. Rios, The Honorable Mayor
ATTEST:
______________________________
Mary Villegas, Deputy City Clerk
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Attachment: Resolution No. 2024-60 (3114 : Resolution No. 2024-60 Services from Various Consultants for IW System Interim Loan)

Kutak Rock LLP
5 Park Plaza, Suite 1500, Irvine, CA 92614-8595
office 949.417.0999
Albert R. Reyes
949.417.0999
[email protected]
September 27, 2024

VIA EMAIL ONLY
Patrick M. Dobbins
Public Works Director/City Engineer
147 Fourth Street
City of Gonzales, CA 93926
[email protected]
Re: Request for Fee Proposal– Bond Counsel Services – 2024 Wastewater Interim/Bridge Loan
Dear Patrick:

Kutak Rock LLP is pleased to provide you our fee proposal to serve as Bond Counsel to the City of Gonzales on its proposed interim/bridge loan for the City’s Industrial Wastewater System construction project.

Our proposed fee for serving as Bond Counsel is $25,000. Our fee is fully contingent on the issuance of the loan and we do not seek reimbursement of any costs in connection with our engagement.

Please feel free to reach out if we can clarify any of the above. We look forward to working with the City again.

Very truly yours,
Albert R. Reyes
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Attachment: Kutak Rock LLP Fee Letter (3114 : Resolution No. 2024-60 Services from Various Consultants for IW System Interim Loan)

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September 18, 2024
City of Gonzales, California
Attention: Eric Scriven, City’s Financial Advisor, NHA | Advisors Via E-mail: [email protected]
RE: Response to Proposal Request for the Proposed Not to Exceed $7,600,000 Revolving Line of Credit Dear Mr. Scriven:

We are pleased to offer this financing proposal from Banner Bank (the “Bank”) in the form of a not to exceed $7,600,000 Revolving Line of Credit, Series 2024 (the “Facility”). Under this financing proposal, the City of Gonzales, CA (the “City”) anticipates drawing on a revolving line of credit Facility provided by the Bank under flexible draw and payment terms.

This proposal letter does not constitute a commitment by the Bank to issue the Facility but is for the purpose of substantially representing the terms and conditions, based upon information described in the Proposed Financing Terms, received September 3, 2024, from NHA|Advisors (the “Term Sheet”).

Upon the acceptance of the requirements described herein, the Bank will seek formal approval within the Bank to extend the Facility under the conditions, situation, and documents outlined in the Term Sheet. The bank’s final credit approval period would be approximately 15 or less working days. Rates and fees herein are firm until December 20, 2024. The Bank’s response is set forth in Exhibit A below.

The Bank values and offers a personalized approach to municipal banking services. During this time, the Bank’s counsel, relationship manager, and public finance officers will work with the City’s team on standard and customary due diligence items with a goal to close this transaction to meet the City’s timeline.

On behalf of Banner Bank, we sincerely thank you for the opportunity to partner with the City on financing its projects of important impact on the community we serve together. Should you wish to proceed with obtaining formal credit approval under the general terms and conditions outlined herein, please acknowledge the City’s acceptance by signing on the following page and returning one signed document.

Very truly yours,
Michael Kearl, Vice President Sr Commercial Banking
Office: (858) 754-6870
E-mail: [email protected]
The contents of this document are confidential and are not to be shared with outside third parties with the exception of the City’s accountants and attorneys unless required to do so by a public record request pursuant to the California Public Records Act.

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Attachment: Hilltop Securities Non-Binding Engagement Letter (3114 : Resolution No. 2024-60 Services from Various Consultants for IW City of Gonzales, CA
Response to Bid Requirements

ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER CALIFORNIA LAW.

ACCEPTED BY:

City of Gonzales
By:

As:

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Attachment: Hilltop Securities Non-Binding Engagement Letter (3114 : Resolution No. 2024-60 Services from Various Consultants for IW City of Gonzales, CA
Response to Bid Requirements

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Exhibit A
Banner Bank’s response to the Bid Requirements
Maximum
Facility
Amount:
$7,600,000
Facility
Purpose:

To provide working capital support and bridge loan draws due from the State of California Water Quality Resources Board State Revolving Loan Fund loan related to The City’s Industrial Wastewater System construction project (the “Project”).

Facility Tenor 2.5-year period with an option to renew for 6-month period subject to approval by the Bank.

Interest Rate,
Tax status, Bank
Expense:
 Tax-exempt rate:
a. Fixed. 4.340%, fixed over tenor, or
b. FloaƟng. 1-month SOFR index + fixed spread of 1.50% subject to minimum floor rate of 3.00%. If the SOFR + fixed spread falls below the floor, the interest rate will sƟll be at the floor %-rate.  Day count fracƟon of 30/360-day basis for all rates.
 Bank fee: 0.25% of par ($19,000)
 Default rate. +2.00% for each taxable and tax-exempt rate  Interest payment frequency is flexible upon the needs of the City, semi-annual or more frequent.

Security: Pledge of (i) takeout from State of California Water Quality Resources Board State Revolving Loan Fund (“SRF”) loan commitment and (ii) net revenues of the City’s Wastewater System, such net revenue pledge on parity with SRF loan pledge.

Legal fees: The City is responsible for the Bank’s attorney fees not to exceed $15,000.00. On this Facility issue, the Bank is represented by attorney George Mardikes, Mardikes Law LLC.

The City is responsible for its bond counsel fees and other costs of issuance.

Construction
Fund:

A Construction Fund is to be established with the Bank. Any proceeds from the State of California Water Quality Resources Board State Revolving Loan Fund (SRF) loan commitment shall be first deposited to the Construction Fund, and immediately used to repay any outstanding balance on the Facility.

Disbursements from the Construction Fund shall be made by the Bank upon receipt of draw request certificate. Procedure for disbursement and certifications based on standard and customary procedures for the character and nature of these type of transaction and financing, including draw provisions describe below.

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Attachment: Hilltop Securities Non-Binding Engagement Letter (3114 : Resolution No. 2024-60 Services from Various Consultants for IW City of Gonzales, CA
Response to Bid Requirements

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Draw
Provisions:

Conditions must be met to draw on the Facility mirror those of the SWRCB program, including
 Draw requests shall be in same form as SWRCB draw requests, including supporting documents;
 A third-party engineer certifies inspection and compliance with agreed scope of work, project standards, and work progressing in line with the project schedule;
 City demonstrates that work adheres to budget. If there are budget overruns, the City must either secure additional funding or modify the project scope with approval from the SRF program;
 Compliance with environmental regulations, insurance, bonding in place in accordance with SWRCB program.

Draws requested as needed will be available from the date of closing through maturity.

Multiple monthly draws are permitted. Draws generally will be deposited on the same day requested to a specified Banner Bank account.

This facility is a revolving credit facility; amounts that are borrowed and repaid may be borrowed again, subject to the approval and limitations acceptable to the Bank at its own discretion.

Amounts outstanding under the Facility must not exceed the remaining amounts due from State of California Water Quality Resources Board State Revolving Loan Fund loan related to the Project.

Prepayment
and
Termination
Provisions:

Notice of termination or extension, shall be given by the City not less than 30 days prior to the maturity date.

Interest will be calculated on the outstanding balance of the Facility based on the 30/360-day count basis.

Any outstanding principal and interest balance will be due in full at Maturity, unless renewed or extended by the Bank and Borrower prior to maturity. All payments (including but not limited to debt service payments, prepayments, etc.) shall be first applied to interest and then to principal as of the date actually received.

Upon default, standard and customary termination covenants for this type of Facility and financing transaction of this nature apply.

Credit
Approval:

The Bank requires no other requirements necessary beyond the standard and customary due diligence material for this type of Facility and financing transactions of this nature.

Reporting
Requirements:

The Bank requires no other reporting requirements beyond the standard and customary reporting standards for this type of Facility and financing transactions of this nature.

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Attachment: Hilltop Securities Non-Binding Engagement Letter (3114 : Resolution No. 2024-60 Services from Various Consultants for IW City of Gonzales, CA
Response to Bid Requirements

Page 5 of 5 ends

Other
Conditions or
Material Terms:

The Bank requires no other covenants beyond the standard and customary covenants for this type of Facility and financing transactions of this nature. In the event of default, the Bank shall be entitled to all remedies under the financing documents.

Upon the occurrence of an event of default under this Facility, the financing documents will provide remedies to the Bank customary for transactions of this nature, exercise rights and remedies under law, equity or under the terms of the financing agreement and other legal documents associated with this Facility.

Documentation: Final form Facility documentation to be prepared by City’s bond counsel and subject to review and acceptance by the Bank and the Bank’s legal counsel. Bank shall receive a legal opinion from the City’s bond counsel, satisfactory to the Bank, (1) stating that the City’s bond indebtedness and all the terms and conditions of applicable Issue documents and transactions described therein are in full compliance with California State and Federal Law, are binding upon and enforceable against the City and do not violate the City’s formation or constituent documents, or any applicable law;
(2) stating that the indebtedness being incurred is a legal and valid obligation of the City;
(3) if applicable, stating the interest income to the Bank is excluded from federal income tax pursuant Section 103 of the United States IRS Code; (4) confirming the authority of the City to incur the indebtedness and issue the Facility; and
(5) confirming that the City’s Facility Resolution authorizing this indebtedness and irrevocably pledging the security for repayment of this indebtedness is valid and authorized.

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Attachment: Hilltop Securities Non-Binding Engagement Letter (3114 : Resolution No. 2024-60 Services from Various Consultants for IW

4040 Civic Center Drive, Suite 200
San Rafael, CA 94903
Office: 415.785.2025
www.NHAadvisors.com
September 24, 2024
Carmen Gil, City Manager
Patrick Dobbins, Public Works Director
City of Gonzales
147 Fourth Street
Gonzales, CA 93926
RE: City of Gonzales Wastewater Interim Loan Funding Project – Regulatory Disclosure Letter Dear Carmen and Patrick,
NHA Advisors, LLC (“NHA Advisors”) is required to send this Regulatory Disclosure Letter per Municipal Securities Rulemaking Board (“MSRB”) rules. This letter updates the terms sent on March 21, 2024 and July 10, 2024; and details and refines the work and compensation that NHA Advisors will perform and earn for the City of Gonzales (the “City”) relating to the above referenced project (the “Project”).

Additionally, this letter provides certain duties and disclosures that municipal advisors must present to all clients as near to the beginning of work on a project that may potentially result in a municipal securities transaction.

Scope of Municipal Advisory Activities to be Performed
A detailed Scope of Services can be found in Exhibit A.

Independent Registered Municipal Advisor (“IRMA”)
If acting in the capacity of an Independent Registered Municipal Advisor (“IRMA”), with regard to the IRMA exemption of the U. S. Securities and Exchange Commission (“SEC”) Rule, NHA Advisors will review all third-party recommendations submitted to NHA Advisors in writing by the City.

Term of the Project
The Project commenced on March 21, 2024, and will end on either June 30, 2025, or upon closing/funding of the subject transaction, whichever occurs first; unless the term of the Project is otherwise terminated or extended. Any extensions must be mutually agreed upon by all parties in writing.

Termination of NHA Advisors’ Role on Project
The City may terminate NHA Advisors’ role on the Project at any time and without cause upon written notification to NHA Advisors.

In the event of termination, NHA Advisors shall be entitled to compensation for services performed to the effective date of termination. The City, however, may condition payment of such compensation upon NHA Advisors delivering to the City any or all documents, photographs, computer software, video and audio Packet Pg. 94
Attachment: NHA Advisors Regulatory Disclosure Letter (3114 : Resolution No. 2024-60 Services from Various Consultants for IW System CITY OF GONZALES Wastewater Interim Loan Funding Project REGULATORY DISCLOSURE LETTER SEPTEMBER 24, 2024

PAGE 2
tapes, and other materials provided to NHA Advisors or prepared by or for NHA Advisors or the City in connection with NHA Advisors’ work on the Project.

NHA Advisors may terminate upon 45 days’ written notice to the City and shall include in such notice the reasons for termination.

Compensation and Out-of-Pocket Expenses
A detailed proposal for compensation and expenses can be found in Exhibit B.

Fiduciary Duty
NHA Advisors is registered as a Municipal Advisor with the SEC and MSRB. As such, NHA Advisors has a fiduciary duty to the City and must provide both a Duty of Care and a Duty of Loyalty that entail the following.

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

Duty of Loyalty:

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

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

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Attachment: NHA Advisors Regulatory Disclosure Letter (3114 : Resolution No. 2024-60 Services from Various Consultants for IW System CITY OF GONZALES Wastewater Interim Loan Funding Project REGULATORY DISCLOSURE LETTER SEPTEMBER 24, 2024

PAGE 3
Pursuant to MSRB Rule G-42, on Duties of Non-Solicitor Municipal Advisors, Municipal Advisors are required to make certain written disclosures to clients which include, amongst other things, Conflicts of Interest and any Legal or Disciplinary events of NHA Advisors and its associated persons.

The following are potential conflicts of interest to be considered.  NHA Advisors represents that in connection with the issuance of municipal securities, NHA Advisors may receive compensation from the City for services rendered, which compensation is contingent upon the successful closing of a transaction and/or is based on the size of a transaction. Consistent with the requirements of MSRB Rule G-42, NHA Advisors hereby discloses that such contingent and/or transactional compensation may present a potential conflict of interest regarding NHA Advisors’ ability to provide unbiased advice to enter into such transaction.

The contingent fee arrangement creates an incentive for NHA Advisors to recommend unnecessary financings or financings that are disadvantageous to the City, or to advise the City to increase the size of the issue. This potential conflict of interest will not impair NHA Advisors’ ability to render unbiased and competent advice or to fulfill its fiduciary duty to the City.  NHA Advisors’ fees under this potential agreement may be based on hourly fees of NHA Advisors’ personnel, with the aggregate amount equaling the number of hours worked by such personnel times an agreed-upon hourly billing rate. This form of compensation presents a potential conflict of interest because it could create an incentive for NHA Advisors to recommend alternatives that would result in more hours worked. This conflict of interest will not impair NHA Advisors’ ability to render unbiased and competent advice or to fulfill its fiduciary duty to the City.  NHA Advisors’ fees under this potential agreement may be a fixed amount established at the outset of this potential agreement. The amount is usually based upon an analysis by the City and NHA Advisors of, among other things, the expected duration and complexity of the transaction and the scope of services to be performed by NHA Advisors. This form of compensation presents a potential conflict of interest because, if the transaction requires more work than originally contemplated, NHA Advisors may suffer a loss. Thus, NHA Advisors may recommend less timeconsuming alternatives, or fail to do a thorough analysis of alternatives. This conflict of interest will not impair NHA Advisors’ ability to render unbiased and competent advice or to fulfill its fiduciary duty to the City.
 The fee paid to NHA Advisors increases the cost of investment to the City. The increased cost occurs from compensating NHA Advisors for municipal advisory services provided.  NHA Advisors serves a wide variety of other clients that may, from time to time, have interests that could have a direct or indirect impact on the interests of another NHA Advisors client. For example, NHA Advisors serves as municipal advisor to other municipal advisory clients and, in such cases, owes a regulatory duty to such other clients just as it does to the City. These other clients may, from time to time and depending on the specific circumstances, have competing interests. In acting in the interests of its various clients, NHA Advisors could potentially face a conflict of interest arising from these competing client interests. NHA Advisors fulfills its regulatory duty and mitigates such conflicts through dealing honestly and with the utmost good faith with the City.
 Gerald Craig Hill, the Managing Principal of NHA Advisors is currently serving as an outside director for the HdL Companies based in Diamond Bar, CA. HdL Companies is a software and professional services consulting company providing revenue data and collections information to local governments, potentially including NHA Advisors’ clients. HdL Companies have affiliates including, but not limited to, HdL Coren & Cone. From time to time, NHA Advisors utilizes the services of HdL Coren & Cone for its clients. NHA Advisors is mindful of this conflict of interest and fulfills its Packet Pg. 96
Attachment: NHA Advisors Regulatory Disclosure Letter (3114 : Resolution No. 2024-60 Services from Various Consultants for IW System CITY OF GONZALES Wastewater Interim Loan Funding Project REGULATORY DISCLOSURE LETTER SEPTEMBER 24, 2024

PAGE 4
regulatory duty and mitigates such conflicts through dealing honestly and with the utmost good faith when this situation arises.
• NHA Advisors does not have any affiliate that provides any advice, service, or product to or on behalf of the City that is directly or indirectly related to the municipal advisory activities to be performed by NHA Advisors.
• NHA Advisors has not made any payments directly or indirectly to obtain or retain NHA Advisors’ municipal advisory business.
• NHA Advisors has not received any payments from third parties to enlist NHA Advisors’ recommendation to the City of its services, any municipal securities transaction, or any municipal finance product.
• NHA Advisors has not engaged in any fee-splitting arrangements involving NHA Advisors and any provider of investments or services to the City.
• NHA Advisors does not have any legal or disciplinary event that is material to the City’s evaluation of the municipal advisory or the integrity of its management or advisory personnel. • NHA Advisors does not act as principal in any of the transaction(s) related to this potential agreement.

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

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

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

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Attachment: NHA Advisors Regulatory Disclosure Letter (3114 : Resolution No. 2024-60 Services from Various Consultants for IW System CITY OF GONZALES Wastewater Interim Loan Funding Project REGULATORY DISCLOSURE LETTER SEPTEMBER 24, 2024

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

Record Retention
Pursuant to the SEC record retention regulations, NHA Advisors is required to maintain, in writing, all communication and created documents between NHA Advisors and the City for five (5) years.

If there are any questions regarding the above, please do not hesitate to contact NHA Advisors.

Sincerely,
Eric Scriven, Principal
NHA Advisors, LLC

Packet Pg. 98
Attachment: NHA Advisors Regulatory Disclosure Letter (3114 : Resolution No. 2024-60 Services from Various Consultants for IW System CITY OF GONZALES Wastewater Interim Loan Funding Project REGULATORY DISCLOSURE LETTER SEPTEMBER 24, 2024

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EXHIBIT A

SCOPE OF SERVICES

MUNICIPAL ADVISORY SERVICES
The City requires a short-term infusion of capital to pay contractors in a timely manner to keep the project on schedule irrespective of whether the State Revolving Fund (“SRF”) reimburses City for its submitted requisitions promptly. NHA Advisors will work with the City and other parties to develop funding strategies and options for financing potential working capital / cash flow needs (the “Project”) for City’s SRF-funded recycled water capital program. NHA Advisors will serve as the municipal advisor of record for the City. The initial, Task 1, scope of services will generally include development of a financing plan.

Once a financing plan has been identified, Task 2 scope of services will include the implementation of such financing plan.

TASK 1, HOURLY CONSULTING – DEVELOPMENT OF FINANCING PLAN:
 Scope the Project / Due Diligence
 Understand purpose and function of the City’s wastewater project  Understand potential cost range for project, broken down by planning/design/permitting and construction cost
 Understand schedule for project implementation, from planning through construction  Understand operational costs for the project
 Identify existing City cash or grant funding already committed for the project  Review and assess core policy objectives and constraints related to the potential projects  Review reports or studies of other City consultants related to the potential projects  Uncover/research other unique opportunities for funding available to the City  Determine Debt Financing Capacity
 Review historical operating revenues and expenses
 Review all existing fixed expense obligations
 Analyze existing financial projections including operational and capital expenditures  Discuss one-time expenditures or revenues that could impact projected results  Develop model to calculate financial projections and coverage based on identified financing options and research including:
 Financed capital expenditures
 Pay-as-you-go capital expenditures
 Potential future rate increases
 Quantitative Analysis and Financial Structuring
 Research subsidized or State-funded Loan program requirements, structure and rates Packet Pg. 99
Attachment: NHA Advisors Regulatory Disclosure Letter (3114 : Resolution No. 2024-60 Services from Various Consultants for IW System CITY OF GONZALES Wastewater Interim Loan Funding Project REGULATORY DISCLOSURE LETTER SEPTEMBER 24, 2024

PAGE 7
 Research and analysis of market data and rates for a public offering and private placement  Evaluate and advise the City on the various financing options, structure, method of sale, including the financing terms, call provisions, and covenants.  Prepare and Deliver Presentations to Staff and Elected Officials  Develop presentation materials identifying financing options and process for executing different financing plans
TASK 2, CONTINGENT TASKS – IMPLEMENTATION OF FINANCING PLAN:
 Project Management
 Manage financing process, including assembly of the financing team and assignment of tasks for all parties involved in the financing.
 Provide information and advice on the timing of the financing process and develop timeline (schedule) of tasks.
 Upon request, work with City staff to select a registered broker-dealer (underwriter or placement agent), bond/disclosure counsel, trustee, or other consultants that are required as part of financing process. Provide recommendation(s) and negotiate preferred terms and fees for said consultant(s).
 Quantitative Analysis
 Update financing cashflows to reflect timing and market changes.  Analyze credit enhancement options (bond insurance and reserve surety bond policies).  Meetings or conference calls with credit enhancement or insurance companies to discuss the transaction, as necessary.
 Project Implementation
 Coordinate the efforts of bond counsel, disclosure counsel, and/or any other legal counsel to prepare the financing documents for approval by the City.  Review and provide comments on financing documents to ensure consistency with the financing plan.
 Upon request, make presentations or attend meetings with the City Council or stakeholders to answer questions about the financing and process.  Work with selected financing partner or funding source to determine optimal bond structure, including serial/term bonds, premium/discount bonds, and redemption provisions.
 If a public offering method of sale is utilized:
o Coordinate preparation of a comprehensive credit presentation to the rating services and bond insurance companies, if applicable.
o Work with disclosure counsel to prepare, review, provide comments, and print the preliminary and final official statements.

Packet Pg. 100 Attachment: NHA Advisors Regulatory Disclosure Letter (3114 : Resolution No. 2024-60 Services from Various Consultants for IW System CITY OF GONZALES Wastewater Interim Loan Funding Project REGULATORY DISCLOSURE LETTER SEPTEMBER 24, 2024

PAGE 8
o If completed as a negotiated sale, monitor the underwriter's sales effort and assist the City with the negotiation of underwriting spreads and interest rates for the proposed financing.
o If completed as a negotiated sale, monitor the underwriter’s sales effort and assist the City with pricing negotiations.
o If completed as a competitive sale, engage a nationally recognized firm to widely distribute the offering documents to potential investors and establish a bidding platform.
o Assist with the solicitation of an investment advisor to coordinate investment of bond proceeds and/or accounts, as necessary.
 If a private placement method of sale is utilized:
o Assist with the preparation of a credit package for potential investors. o If a placement agent has been engaged, oversee placement agent’s solicitation process, assist with the selection of the financing provider, and assist with the negotiation of terms, as necessary.
o If no placement agent has been engaged for a privately placed loan (nonmunicipal security), upon request, NHA Advisors will solicit bids from potential investors and assist with the selection of the financing provider and negotiation of terms.
o Manage bond or loan pricing and final financing structure (debt service and bond terms).
 If a subsidized or State-funded Loan program is utilized:
o Serve as City’s fiduciary and agent throughout the specific Loan application, underwriting and documentation process.
 Prepare or coordinate preparation of a closing memorandum outlining a detailed flow of funds at the time of closing.

Packet Pg. 101 Attachment: NHA Advisors Regulatory Disclosure Letter (3114 : Resolution No. 2024-60 Services from Various Consultants for IW System CITY OF GONZALES Wastewater Interim Loan Funding Project REGULATORY DISCLOSURE LETTER SEPTEMBER 24, 2024

PAGE 9

EXHIBIT B

COMPENSATION SCHEDULE
TASK 1 hourly, non-contingent funding evaluation services were concluded September 24, 2024. A private placement of approximately $10 million is recommended as the most suitable size and approach to securing the needs for the project.

TASK 2: CONTINGENT TASKS
For work described in the Scope of Services, compensation will be contingent on completion of the financing and is expected to be paid from proceeds of the transaction or City wastewater enterprise funds at the time of closing. The fee for NHA Advisors’ services is based on a number of factors, including the method of sale, financing structure, complexity, funding source, and the time expected to be required to manage the financing process.

This Bridge Loan is expected to utilize the following method of sale:
(1) private placement with a private party or bank (requiring no credit rating or public offering disclosure document),
For this Bridge Loan, NHA will be paid a contingent, fixed fee ranging from $37,500 to $47,500 depending on the financing structure, complexity, the extent of NHA’s tasking and, generally, how much time and resources it will take to complete the financing. Expenses such as California travel will not be expensed.

All project-related expenses, if paid by NHA upon written direction of City, will be invoiced at cost (and typically paid from proceeds of the financing).

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

Packet Pg. 102 Attachment: NHA Advisors Regulatory Disclosure Letter (3114 : Resolution No. 2024-60 Services from Various Consultants for IW System

Page 1 of 2 ends

AGENDA
ITEM
RESOLUTION NO. 2024-61

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

AUTHORIZING THE CITY MANAGER OR PUBLIC WORKS DIRECTOR

TO SUBMIT A FINANCIAL ASSISTANCE APPLICATION TO

THE STATE WATER RESOURCES CONTROL BOARD

FOR THE PLANNING AND DESIGN OF THE

WASTEWATER TREATMENT PLANT IMPROVEMENT PROJECT
WHEREAS, upon completion of the Industrial Wastewater System, the city plans to rehabilitate the existing wastewater treatment plant to improve its treatment performance that will be required under Order No. R3-2020-0020, General Waste Discharge Requirements from the Regional Water Quality Control Board; and
WHEREAS, the City submitted a funding application with the State Water Resources Control Board to receive financial assistance for the planning and preliminary design for the Wastewater Treatment Plant Improvement Project; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GONZALES DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS:

SECTION 1. The City Manager (“Authorized Representative”) or designee (ie, Public Works Director) is hereby authorized and directed to sign and file, for and on behalf of the city, a Financial Assistance Application for financing agreements with the State Water Resources Control Board for the planning, design, and construction of the Wastewater Treatment Plant Improvement Project.

SECTION 2. The Authorized Representative, or designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.

SECTION 3. The Authorized Representative, or his/her designee, is designated to represent the Entity in carrying out the Entity’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the Entity and compliance with applicable state and federal laws.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 7
th day of October 2024, by the following vote:

Packet Pg. 103 Attachment: Resolution No. 24-61 (3118 : Resolution No. 2024-61 Application to SWRCB for PLanning-Design of the WWTP Imprvement Project) 12

Page 2 of 2 ends

AYES: COUNCILMEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_______________________________
Jose L. Rios, The Honorable Mayor
ATTEST:
______________________________
Mary Villegas, Deputy City Clerk
Packet Pg. 104 Attachment: Resolution No. 24-61 (3118 : Resolution No. 2024-61 Application to SWRCB for PLanning-Design of the WWTP Imprvement Project) City of Gonzales

COMMUNITY DEVELOPMENT DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: October 7, 2024
FROM: Taven Kinison Brown, Community Development Director THROUGH: Carmen Gil, City Manager
SUBJECT: Lease Agreement with Legacy Sign Company for the Construction and Use of 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.

RECOMMENDATION
It is recommended that the City Council of the City of Gonzales approve a 25-year Lease Agreement with Legacy Sign Company for the construction and use of an offsite advertising billboard sign on a Cityowned 6+acre parcel adjacent to Highway 101 on Assessor’s Parcel Number 020-201-022-000.

BACKGROUND
In November of 2022, staff came before the City Council to explore the idea of installing 1-2 digitalscreen(s) on city owned parcels facing the 101 Freeway. The sign(s) would/could display advertisements for national, regional and local businesses, civic messages, and emergency communications. Staff later followed up with the Council and gave a presentation addressing safety concerns expressed by several Council Members. The City Council then advised staff of its interest to entertain such a sign in the City and to potentially capture rent revenue from the lease of public property and to have increased opportunity to announce civic messages.

Staff took direction from the City Council and revised the City’s sign code to allow offsite advertising billboard signs. New Section 12.116.125. of the City of Gonzales Sign Code was written and the Planning Commission considered the new ordinance on April 8, 2024. 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.

AGENDA
ITEM
13 Packet Pg. 105
On June 12, 2024, Legacy Signs applied for a Use Permit to build and operate an offsite advertising digital billboard sign off of 875 S. Alta Street, Gonzales, adjacent to Highway 101.

On September 4, 2024, the Planning Commission considered the Conditional Use Permit for the sign in question, including a recommendation from a design review committee on the colors, materials, height and placement of the sign.

On June 12, 2024, Legacy Sign Company submitted a draft Lease Agreement, City Manager Gil, Community Development Director Kinison Brown, and City Attorney Rodriquez, have considered and refined the lease terms to present to the City Council, and are further described and analyzed ahead in this report.

REVIEW AND ANALYSIS
The attached Billboard Lease with Legacy Sign Company is 30 pages and is modeled after industry standard examples and customary points of negotiation.
• Article 2 addresses: Leasing of the Premises, Plans and Design Review, Conditional Use Permit Review, Caltrans Permit Review, Design and Construction and Access to the Site. • Article 3 addresses: the Term of the Lease, and Expiration of the Lease. • Article 4 addresses: Rent and Civic Promotions and Use. • Article 5 addresses: the Use of the Premises.
• Article 6 addresses: Construction and Operation of the Billboard, Plans and Specifications, Maintenance, Damage or Destruction, Utilities, Advertising, Removal, and Compliance with Law.
• Articles 7-12 are more standard fare and addresses: Events of Default, Taxes, Eminent Domain, Indemnification, Insurance and Miscellaneous matters.

The main takeaways as negotiated by the staff team include:
• Term: A term of 25 years, with two options to mutually extend the contract by 5 years each. • Rent: Legacy Sign Company will pay the City either $38,000 in base rent (Minimum Annual Guarantee - MAG) or 20% Share of the Annual Net Advertising Revenue, whichever is greater at the end of the year. The MAG will increase by 10% every 5 years. • Civic Promotions: The City is to receive a minimum of one spot on the sign at all times. Eight spots generally rotate through on a 64 second cycle.
• Graphic Design Services: Legacy Sign Company will provide the City with graphic design services for up to 25 creative executions per year.
• Gonzales Based Businesses: will receive a 25% discount on advertising space. • Public Safety Announcements. Legacy Sign Company will utilize the advertising space on the Digital Billboards for regional emergency announcements and alerts, including but not limited to Amber Alerts and “Wanted” criminal postings from law enforcement, without charge, as reasonably requested by the City, in accordance with applicable local, regional, and/or state protocols.
• Annual Reporting Requirement. Reports to be received by March 15th of each year.

Packet Pg. 106
The California Environmental Quality Act - CEQA
The City of Gonzales Planning Commission in their review and deliberation of the Conditional Use Permit for the offsite advertising digital billboard sign on September 4, 2024, determined that the sign qualified for an exemption under CEQA Guidelines Section 15303: New Construction or Conversion of Small Structures, Class 3. For context, other examples of how this CEQA exemption is applied include but are not limited to:
a) One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption.
b) A duplex or similar multi-family residential structure totaling no more than four dwelling units. In urbanized areas, this exemption applies to apartments, duplexes, and similar structures designed for not more than six dwelling units. c) A store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. d) Water main, sewage, electrical, gas and other utility extension including street improvements of reasonable length to serve such construction.

Staff found that other municipal governments, such as the County of San Joaquin, have successfully used this Section 15303 CEQA Guidelines exemption for the exact sign type and size, and without challenge.

Additionally, Section 15301 - Existing Facilities. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.

Legacy Sign Company will be leasing a portion of a 6+acre site that contains a detention basin. The sign, mounted on a pole will not involve expansion of the detention basin, nor cause impacts to its function.

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

Explain: The utility to the City of being able to better reach to residents, increase public safety through emergency messaging and instructions, and offer our local businesses a 25% discount on the going advertising market rates, supports our small town and our citizens. Architecturally, the sign is reflective of the civic investments made in the 4th Street at Alta archway, reemphasizing the small-town charm of the City.

Explain: The City Council demonstrated leadership by entertaining a presentation and proposal to allow such an outdoor advertising sign in the City and asked directly about health and safety issues, which were dispelled. City staff committed to enable this economic investment in the City by absorbing the staff time costs of re-writing the zoning code to enable such signs. Now that Packet Pg. 107
there is an actual proposal on the table and a lease to be negotiated to the public’s benefit, the quality of life for the community will be enhanced, for businesses, celebrated citizens and students through this civic leadership.

Explain: At no cost to the City for the physical construction of the sign, nor its operations, a base revenue will be returned to the City annually, and the City will share proportionately in increased advertising revenues in good marketing years. The sign will be used by businesses and the City alike in the promotion of business, recreation, housing and employment opportunities in an environmentally sustainable manner.

ALTERNATIVES
Alternative – The City Council could direct staff to modify the Billboard Lease Agreement.

FISCAL IMPACT
If the Billboard Lease Agreement is approved, it will generate a minimum of $38,000 annually. During the life of the contract (25 years) it will generate a minimum total of $1,159,984 including a 10% increase every 5 years. Two more 5-year options to continue the billboard sign under this contract could be applied, further increasing the return to the City.

Potentially, the revenue return to the City may be higher than the base revenue (MAG) as the City negotiated a revenue share of 20% which can capture additional funds should 20% be higher than $38,000.

CONCLUSION
It is recommended that the City Council of the City of Gonzales approve a base 25-year Lease Agreement with Legacy Sign Company for the construction and use of an offsite advertising billboard sign on a Cityowned 6+acre parcel adjacent to Highway 101 on Assessor’s Parcel Number 020-201-022-000, as embodied and clarified in the terms of the attached Billboard Lease Agreement.

Attachments:

1. Lease Agreement with Legacy Sign Company
Packet Pg. 108

BILLBOARD LEASE
between

CITY OF GONZALES,
a California Municipal corporation (“City”)
and
Legacy Sign Company (“Tenant”)

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Packet Pg. 109 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising Billboard Lease
This Billboard Lease (“Lease”) is effective as of October __, 2024 (the “Effective Date”), and is between the City of Gonzales, a California municipal corporation (“City”), and Legacy Sign Company (“Tenant”).

RECITALS
A. City owns that certain real property (the “Property”) legally described in Exhibit A and depicted on Exhibit B, and located in the City of Gonzales, County of Monterey, State of California, in proximity to U.S. Route 101.

B. U.S. Route 101 is a heavily traveled route for commuters, tourists, and commercial vehicles traveling through the community daily to reach various destinations throughout California.

C. The City has determined that having a Digital Billboard (as defined below) in town advertising off the 101 supports the City’s mission and vision. The tenant agrees to obtain all Permits for the construction and operation of the Billboard Project (as defined below). “Digital Billboard” means that certain two-sided LED electronic sign panel, as shown on the attached Exhibit C, which is to be attached, subject to the terms and conditions of this Lease, to the Sign Structure (as defined below). “Sign Structure” means the portion of the Billboard Project other than the Digital Billboard. and it includes all ancillary equipment and utilities installed on the leased portion of the Property, (the “Premises”) by Tenant in connection with the construction and operation of the Billboard Project. The Sign Structure is more particularly described Exhibit C. “Billboard Project” means, collectively, the Digital Billboard and Sign Structure that Tenant will construct on the Premises in accordance with the plans attached as Exhibit C and criteria set forth in this Lease.

D. The Gonzales City Council has determined that it is in the best interests of City, and for the common benefit of the citizens residing in the City, to enter into this Lease with Tenant for the construction, operation, and maintenance of the Billboard Project on the Premises.

E. City desires to lease to Tenant, and Tenant desires to lease from City, the Premises, all as further set forth in this Lease.

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Packet Pg. 110 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising

AGREEMENT
ARTICLE 1

REPRESENTATIONS AND WARRANTIES OF PARTIES
The representations and warranties set forth in this Article 1 are made as of ___ (The Effective Date).

1.1 Each party represents and warrants to the other that it has the power and authority to enter into this Lease, and that this Lease is the valid and a binding obligation of such party and is enforceable against it in accordance with its terms.

1.2 City and Legacy Sign Company (Tenant) represent and warrant to each other that neither has dealt with any broker in connection with this Lease. City and Tenant shall indemnify the other against, and hold each other harmless from, any claim of, or liability to, any other broker or any party with whom City or Tenant shall have dealt in connection with this Lease.

1.3 City represents that it is the owner of the Premises and that the Premises is not subject to any monetary lien or encumbrance, other than (a) such easements, covenants, conditions, restrictions, reservations and other matters of record; (b) all matters discoverable by physical inspection of the Premises or that would be discovered by an accurate survey of the Premises; and (c) the presence and location of utilities on the Premises. Notwithstanding the foregoing, City represents and warrants to Tenant that, as of the Effective Date, no lien or encumbrance affects the Premises that would impair Tenant’s ability to construct and operate the Billboard Project on the Premises, as contemplated by this Lease.

1.4 Without limiting the City’s other representations and warranties set forth in this Lease, City represents and warrants to Tenant that: (i) to City’s current knowledge there are no pending or threatened actions, suits or proceedings before any court or administrative agency against City which could, in the aggregate, adversely affect the Premises or any part thereof, or the ability of City to perform its obligations under this Lease, and City is not aware of any facts which might result in any such actions, suits or proceedings: (ii) City has no knowledge of any security interest encumbering the Premises; (iii) City is duly authorized to perform or to cause to be performed all of the obligations of the City under and in accordance with the terms and conditions of this Lease.

1.5 City agrees that Tenant’s ability (and obligations hereunder) to develop and operate the Billboard Project is dependent upon Tenant obtaining all Permits (as defined below). City agrees to cooperate with Tenant with respect to Tenant pursuing the issuance of the Permits. Upon any termination, all rights and obligations of City and Tenant will be of no further force or effect except for obligations expressly stated as surviving termination of this Lease. “Permit” shall mean all local and state governmental permits and approvals and any other required permits and approvals necessary for the development and operation of the Billboard Project: provided, no Permit shall be deemed to be received by, or issued to, Tenant if (A) there exists any unexpired appeal, contest, challenge or review periods for the issuance of such Permit, (B) an appeal,

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Packet Pg. 111 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising contest, challenge (including, without limitation, a Project Approval Challenge (as defined below)or review has been filed with respect to such Permit and the same has not been resolved on terms satisfactory to Tenant in its good faith business judgment, or (C) such Permit is only available with conditions unacceptable to Tenant in its good faith business judgment.

ARTICLE 2

LEASE OF PREMISES

2.1 Leasing of the Premises. City hereby leases a sub portion of the Property, hereinafter the Premises, as defined in Exhibit A.1 to the Tenant for the agreed upon uses defined below, upon the covenants, terms, and conditions set forth in this Lease.

2.2 Plans and Design Review. Tenant shall prepare complete plans and specifications for the Billboard Project as set forth in Exhibit C, working closely with City to develop plans and specifications that are mutually acceptable to the City and Tenant. Such plans and designs shall not include chain link fencing, gates or other wired or masonry fencing to demarcate or secure the Premises. All Plans must be submitted by Tenant to City for final approval. The Billboard Project shall be designed to comply with all applicable laws.

2.3 Conditional Use Permit Review. Within thirty (30) days after Tenant’s receipt of the City Initial Concept Approval, Tenant must apply for and diligently pursue all necessary planning, building, electrical and other Permits for the Billboard Project that are required by the City. The date upon which Tenant first submits its application for the City Permits shall be referred to herein as the “City Permit Submittal Date.” If Tenant does not obtain the City Permits on or before the first-year anniversary of the City Permit Submittal Date, then Tenant shall have the right to terminate the Lease.

2.4 Caltrans Permit Review. Within thirty (30) days after Tenant’s receipt of the City Permits, Tenant must initiate the application process for, and thereafter pursue Permits for the Billboard Project (“Caltrans Permits”) that are required by the California Department of Transportation (“Caltrans”). The date upon which Tenant first submits its application for the Caltrans Permits shall be referred to herein as the “Caltrans Permit Submittal Date.” During the Term, the Tenant shall perform all obligations under the Caltrans Permits at no cost to City. If Tenant does not obtain the Caltrans Permits on or before the first-year anniversary of the Caltrans Permit Submittal Date, then Tenant and/or City shall have the right to terminate the Lease; provided, if Tenant has been pursuing the Caltrans Permits with commercially reasonable and diligent efforts, then Tenant shall have the right to extend such period to obtain the Caltrans Permits by two (2) additional six (6) month periods by providing notice to City prior to the expiration of the applicable period.

2.5 Design and Construction. Tenant shall begin the work of design and construction of the Billboard Project as soon as possible after the Effective Date, and Tenant shall pursue such work to completion without interruption so that the Digital Billboard is operational by the one hundred eightieth (180th) day after the date on which all Permits are obtained. Tenant will be excused, however, for any delays in beginning or completing such work that are caused by a Force

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Packet Pg. 112 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising Majeure Event. Tenant must use reasonable diligence to avoid such delays and to resume work as promptly as possible.

2.6 Permitted Access. Notwithstanding anything herein to the contrary, from the Effective Date through the expiration, or earlier termination, of this Lease, Tenant will be permitted to access and use the Property for (a) any and all purposes in connection with the design and construction of the Billboard Project and any other work in order to make the Digital Billboard Operational, and (b) any other legally permitted use consistent with this Lease.

ARTICLE 3

LEASE TERM

3.1 Term. This Lease becomes effective upon its execution by both parties (the ”Effective Date”), provided however that the intiial term shall be for a period of twenty five (25) years and shall start on the ”Rent Commencement Date” as herein defined. The Rent Commencement Date shall start upon the date the constructed sign is able to display advertising, or within eighteen (18) months of the Effective Date of the Lease, whichever is sooner. If unforeseen circumstances delay the Commencement Date, the Tenant shall request in writing an extension of up to six (6)-months from the City Manager, which shall not be unreasonably denied. The Tenant shall be eligible for a second extension of up to but not to exceed six (6)-months , if necessary, but only if the cause of delay is significant and satisfactory to the City. If the delay is not justified, the City can deny the request for the extension and terminate the Lease. The term of the Lease will expire on the twenty-fifth (25th) anniversary of the Commencement Date. Upon Tenant’s written submission to the City Manager of a request to extend the Lease’s expiration date, sent at least six (6) months prior to said date, City and Tenant may mutually agree in writing to extend the term of the lease twice for terms of five (5) years each.

3.2 Expiration of Lease; Holding Over. This Lease will expire at the end of the 25-year Term unless the mutual five-year extension options are executed. If Tenant holds over on the Premises after the expiration of the Term, with the consent of City, such holding over will be construed to be only a tenancy from month-to-month, subject to all the covenants, conditions and obligations contained in this Lease that applied immediately prior to the expiration of the Term.

If the Tenant does hold over on the Premises after the Term, the Tenant agrees to continue paying the City the then applicable MAG or 20% of net advertising revenues (whichever is grater) plus the annual adjustment of 2% per year.

ARTICLE 4

RENT AND CIVIC PROMOTIONS AND USE

4.1 Rent. Beginning on the Effective Date Tenant shall pay the City rent in the amount of One Hundred Dollars ($100.00) for the period of time prior to the Rent Commencement Date.

Beginning on the Rent Commencement Date (when sign is operational), Tenant shall pay City $38,000 in base rent (MAG), the first year, in four quarterly installments. If the first period of

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Packet Pg. 113 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising operation is not a full calendar year, then Tenant shall pay City a pro-rata share of the annual rent.

At the end of the first full calendar year of operation, and every calendar year thereafter, if 20% of the total net advertising sales revenues exceeds the $38,000 base rent (MAG) then the difference of those collected cash revenues shall be paid to the City in addition to the base rent.

Revenue share if applicable, will be calculated off of net cash collections at the end of the calendar year and be paid to the City by March 30th of the following year. The MAG shall increase by 10% every 5 years.

A. The City shall also receive a minimum of one spot on the sign at all times, plus two additional spots on space availability with up to 25 annual creative executions provided for City promotions and messaging.

B. Gonzales based businesses will receive a 25% discount on advertising space.

4.2 Remittance and Reporting.

A. Within 90 days, at the end of each calendar year, Tenant shall report and remit payment to City of the applicable billboard operating revenues set forth in Section 4 of this Agreement.

B. Tenant shall provide to the City advertising revenue reports (the “Advertising Reports”) for all advertising sales at the Subject Property. Reports shall include gross revenue collected, advertisers, advertising rates, and occupancy rates for the preceding period.

Revenue Share payments reflected in this report, if any, shall be paid to City by March 30 of the following year.

C. Tenant shall maintain adequate accounting systems and controls to ensure that all gross revenue is recorded. Tenant shall keep true and accurate books and records for a period of seven years after end of the Term as defined in Article 3 and all business transactions related to the Subject Property, and City shall have the right, through its representatives and at all reasonable times, upon at least 7 days’ prior written notice to Tenant, to inspect such books and records.

4.3 Requirements for All Digital Billboards.

A. Civic Promotions. Tenant agrees to provide free advertising time on the Digital Billboard to the City for the promotion of community events, tourism activity, and other civic interests of the City.

I. Tenant will provide City with graphic design services for up to 25 creative executions (drafts) per year. City must provide Tenant with any requested highresolution photography, logos or any other specific requested elements 30 days in advance of the requested date for the advertisement to be displayed.

II.

III. Process for City Requests to Utilize Advertising Space for Civic Promotions.

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Packet Pg. 114 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising IV.
i. For emergencies or local missing persons notice; those will be submitted and expected to be produced and displayed within 24 hours of receipt by Tenant.
ii. For City submitted “camera ready artwork” created by City and which uses formats and protocols acceptable to Tenant; artwork should be submitted to Tenant at least ten (10) business days prior to the requested posting date.
iii. For Tenant created “camera ready artwork”, City may provide Tenant with advertisement copy at least thirty (30) days before the proposed display date of the Civic Promotion,
V. Limitations. City shall not charge for, or exchange goods or services for, any advertising space on the Digital Billboard provided by Tenant to City pursuant to this Agreement. In addition, it is expressly understood and agreed that Civic Promotions may not include any names, logos, marks, products, or services associated with any commercial entity, any campaign for public office in the City, or any third-party nongovernmental person or entity that is not located in, sponsored by or affiliated with the City. The forgoing limitation shall not be construed to prohibit the display of names, logos, or marks of organizations associated with City events or activities.

B. Public Safety Announcements. Tenant shall utilize the advertising space on the Digital Billboards for regional emergency announcements and alerts, including but not limited to Amber Alerts and “wanted” criminal postings from law enforcement, without charge, as reasonably requested by the City, in accordance with applicable local, regional, and/or state protocols.

C. Unacceptable Content. Tenant agrees not to utilize the Digital Billboard to advertise tobacco products, cannabis, adult entertainment businesses or conferences/conventions for any of the foregoing prohibited uses, sexually explicit messages, or any violent, hate, or other obscene messaging.

4.4 Annual Review. During the term of this Agreement, the City shall annually review the extent of good faith compliance by the Tenant with the terms of this Agreement. Tenant shall file an annual report with the City containing detailed information regarding compliance with the terms of this Agreement no later than March 30th of each calendar year.

ARTICLE 5

USE OF PREMISES

5.1 Condition of Premises. The Premises and all improvements thereon, are being leased to Tenant in its current, existing, “AS IS” condition (refer to Exhibit A). City makes no representations or warranties of any kind, express or implied, written or oral, about any of the

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Packet Pg. 115 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising following: the physical condition of the Premises; the costs of conducting Tenant’s business on the Premises; the condition of the soils or ground waters of the Premises; or the condition or location of any improvements, such as utilities, on, above or below the Premises.

5.2 Permitted Use of Premises. Subject to any City usage, the Tenant has the right to display Off-site Outdoor Advertising (as defined below) on the Premises. City will not authorize any other new Off-site Outdoor Advertising permits or conversions of existing static to digital off-site billboards within the City limits 3,000 feet of this sign throughout the life of this Agreement.
(a) Constructing, operating, maintaining, repairing, improving, the Digital Billboard, the Sign Structure, and any utilities installed in connection with the Billboard Project. (b) Installing and maintaining utility wires, poles, cables, conduits, and pipes over or under the Premises from the nearest accessible public right-of-way that support the permitted operations of the Billboard Project as agreed to by City. (c) All rights of ingress and egress over the Premises that Tenant needs to access the Billboard Project under control of the City of Gonzales. In addition, City will do anything within its reasonable ability to provide access to property through neighboring property owners without cost to the City. Should access to the sign become restricted causing the sign to become inoperable, rent payments to the City shall be abated until necessary repairs to the sign to become operable can be made.
(d) The use of the Billboard Project or any portion thereof, for any lawful purpose related to outdoor advertising.

5.3 Prohibited Uses.

5.3.1 Hazardous Substances. Neither Tenant nor any of Tenant’s representatives or agents may use, handle, store, transport, treat, generate, release or dispose of any Hazardous Materials (as defined below) anywhere in, on, under or about the Premises or any improvements thereon.

Notwithstanding the foregoing, Tenant may use, handle, store, transport, treat, generate, release or dispose of any Hazardous Materials in such limited amounts as are customarily used to renovate, operate, maintain, repair, improve, or remove outdoor advertising billboards, and so long as Tenant is at all times in full compliance with all applicable laws. Tenant shall cause any and all Hazardous Materials brought onto, used, generated, handled, treated, stored, released or discharged by Tenant or its authorized representatives on or under the Billboard Project, the Premises, or any improvements thereon to be removed therefrom and transported for disposal in accordance with applicable laws, including Hazardous Materials Laws (as defined below).

Tenant shall promptly notify City in writing upon its actual knowledge of: (a) any release or discharge of any Hazardous Material by Tenant or its authorized representatives; (b) any voluntary clean-up or removal action instituted or proposed by Tenant; (c) any enforcement, clean-up, removal or other governmental or regulatory action instituted or threatened against Tenant, or (d) any claim made or threatened by any person against Tenant, the Billboard Project,

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Packet Pg. 116 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising the Premises, or any improvements thereon relating to Hazardous Materials or Hazardous Materials Laws. Tenant shall also supply to City as promptly as possible, and in any event within five (5) business days after Tenant receives or sends same, copies of all claims, reports, complaints, notices, warnings or asserted violations relating in any way to the Billboard Project, the Premises, any portion thereof, or any improvements thereon or Tenant’s use thereof and concerning Hazardous Materials or Hazardous Materials Laws. In the event Tenant institutes a cleanup or removal action, Tenant shall provide copies of all work plans and subsequent reports submitted to the governmental agency with jurisdiction to City in a timely manner. “Hazardous Materials” means 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., and/or the Resources Conservation and Recovery Act, together with asbestos, asbestos-containing materials, hydrocarbons, polychlorinated biphenyl (“PCB”) or PCB-containing materials, petroleum, gasoline, petroleum products, crude oil or any fraction, product or by product thereof.

5.3.2 Unlawful Activities. Tenant may not use or permit the Premises to be used in any way that violates this Lease or any applicable law.

5.4 Unobstructed Use. City shall not allow any obstructions to the visibility of the billboard including but not limited to maintaining all landscaping located on property owned by the City that is adjacent to the Premises that the City has rights and/or obligations to maintain, and such maintenance shall be conducted to prevent any obstruction. If Tenant notifies City in writing that any obstruction on off-Premises City owned property exists which obstructs, impedes or reduces the view of the Digital Billboard from U.S. Route 101 and which did not exist as of the Effective Date, City shall make a diligent effort to address and remediate the obstruction of concern within thirty (30) days. If the identified obstruction is not removed by City within thirty (30) days, Tenant shall be permitted to remove such obstruction on the 31st day at the cost of the City with City approval. If in the opinion of the Tenant, the obstruction negatively effects the visibility of the advertising and thus, its ability to sell advertising, rent payments will be abated until the obstruction is remedied.

5.4.1 Tenant’s exercise of its rights under this Section 5.4 are in addition to any other remedies it may have under this Lease.

ARTICLE 6

CONSTRUCTION AND OPERATION OF THE BILLBOARD PROJECT
Subject to Section 2.2 above, Tenant shall design, construct, maintain and operate the Billboard Project on the Premises in accordance with the provisions of this Lease.

6.1 Plans and Specifications. At no cost to the City, Tenant shall prepare complete plans and specifications for the construction of the Billboard Project consistent with the terms of this

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Packet Pg. 117 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising Lease. Tenant shall have the right to submit a request to adjust the height of the sign in accordance with the current City regulations at that time.

6.2 Maintenance. The Tenant shall be responsible for all the on-going repair, maintenance, installation, and operation costs of the Digital Billboard, the Sign Structure, and related improvements on the Premises at no cost to the City. As part of Tenant’s construction of the Billboard Project, Tenant shall cause the removal of the vegetation on the Premises that exists as of the Effective Date and cause new vegetation and/or trees to be planted thereon, all at Tenant’s sole cost. The Tenant shall also be responsible for maintaining the landscaping and keeping the Premises in reasonable condition, free from graffiti, accumulation of trash and other materials.

6.3 Damage or Destruction to the Billboard Project

6.3.1 Unsubstantial Destruction. Tenant shall promptly repair and restore those portions of the Billboard Project that are damaged or destroyed and that do not meet the definition of Substantial Destruction set forth in this subsection. The term “Substantial Destruction” means damage or destruction (a) to the Billboard Project in an amount equal to twenty percent (20%) or more of their replacement cost, as determined by Tenant and subject to confirmation by City or (b) that results in an adverse impact on the operation of the business of Tenant on the Premises, as determined by Tenant and subject to confirmation by City. Notwithstanding the foregoing, with respect to any damage or destruction to Billboard Project, if (i) applicable laws then in effect do not permit restoration in accordance with the plans of Tenant, (ii) Tenant determines the repair and restoration cannot be completed within one hundred twenty days (120) days subsequent to the date of the damage or destruction, or (iii) there is less than five (5) years remaining in the Term, Tenant shall have the right to terminate this Lease upon notice to City.

6.3.2 Substantial Destruction. Within ninety (90) days after Substantial Destruction, Tenant shall elect to either: (a) repair and restore the Billboard Project; or (b) terminate this Lease upon notice to City.

6.3.3 Insurance Proceeds; Repair and Restoration Procedures. In the event of any damage or destruction to the Billboard Project, all insurance proceeds shall be paid to Tenant, unless there has been damage to City property and facilities beyond the Premises.

6.3.4 Rent Tolled During Repair Period. After Substantial Destruction, during the course of any repairs or restoration and until the Billboard Project is capable, legally and functionally, of displaying advertising content in the manner intended by Tenant under this Lease, payment of Rent shall be tolled until the Billboard Project is functional.

6.4 Utilities. At no cost to the City, Tenant shall provide and pay for all utility connections, utility equipment, and utility service required to construct, operate, maintain, repair, improve, or reposition the Billboard Project on the Premises throughout the Term. Tenant shall coordinate with City and the applicable utility companies for utility tie-ins and electrical power sources that Tenant may need to construct and operate the Billboard Project. Tenant shall also be responsible

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Packet Pg. 118 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising for obtaining and paying for all easements, rights-of-way or other property rights necessary for utility installation.

6.5 Advertising. All advertising shall be subject to the following:

6.5.1 The Billboard Project is not intended to provide a general public forum for purposes of communication but rather to make use of property held by the City in a proprietary capacity in order to generate revenue.

6.5.2 Tenant may not display any message on the Digital Billboard that:

(a) Is inherently false, misleading, or libelous (i.e., speech that is incapable of being presented in a manner that is not misleading);
(b) Promotes the sale or use of firearms or tobacco products or vaping, whether directly or indirectly;
(c) Contains advertising for any cannabis dispensary;
(d) Promotes the sale of malt liquor. Of the overall advertising space throughout the year, no more than 5% to be utilized for Liquor and 10% for Beer. There is no restriction on the amount of advertising for Wine. (e) Promotes adult entertainment, products, conventions, events, or websites; (f) Contains “obscene matter,” as that term is defined in local, California or federal law, including but not limited to any statements or words of an obscene, indecent or immoral character, or any picture or illustration of any human figure in such detail as to offend public morals or decency or any other matter or thing of an obscene, indecent or immoral character; (g) Contains any “political advertising,” which means advertising that promotes or opposes any candidate for public office or promotes or opposes a ballot measure, referendum, bond issue, or any federal, state or local legislation, regulation, or other discretionary action; (h) Contains language that presents a clear-and-present danger of causing riot, disorder, or other imminent threat to public safety, peace, or order.

6.5.3 Tenant shall, within forty-eight (48) hours after written demand from City, at Tenant’s risk and expense, remove any advertising material or message that does not comply with the advertising criteria set forth in this section.

6.6 Removal of the Billboard Project

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Packet Pg. 119 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising

6.6.1 Tenant shall be responsible for the removal of the Billboard Project (and other improvements installed by, or at the direction of, Tenant) from the Premises and restore the Premises to its condition immediately prior to the date that City delivered control of the Premises to Tenant (with the exception of reasonable wear and tear, damage or destruction by environmental factors outside the control of the Tenant, and damage caused by parties other than Tenant and its employees and contractors) at the expiration of the Term of this Lease or upon termination of this Lease, unless the City waives Tenant’s removal obligation in writing. In the event this Lease is otherwise terminated or cancelled prior to the expiration of the Term, Tenant shall remove the Billboard Project and other improvements installed by Tenant from the Premises and restore the Premises to its condition immediately prior to the date that City delivered control of the Premises to Tenant (with the exception of reasonable wear and tear, damage or destruction by environmental factors outside the control of the Tenant, and damage caused by parties other than Tenant and its employees and contractors), unless the City waives Tenant’s removal obligation in writing. Tenant shall cause the removal as required under this Section 6.6 within thirty (30) days after the expiration of the Term or thirty (30) days after the date of early termination, whichever the case may be. Tenant shall be responsible for removing the entire Billboard from the Premises to 1 foot below the ground line or 3 feet below finished grade, whichever is lower.

6.6.2 If Tenant does not timely remove the Billboard Project and other improvements as required by this Section, City may, but shall not be required to, remove or cause the removal of the Billboard Project, and other improvements on the Premises as required by this Section, at Tenant’s expense. Tenant shall reimburse City within thirty (30) days of receipt of an itemized accounting of the cost for such removal and storage of any and all removed materials.

6.6.3 City and Tenant acknowledge and agree that Tenant shall be the exclusive owner and operator of the Billboard Project, and that all equipment comprising the Billboard Project shall remain the personal property of Tenant and shall not become fixtures of the Premises and City shall have no right, title or interest in the Billboard Project or any component of the Billboard Project, notwithstanding the manner in which the Billboard Project is or may be physically attached, mounted or adhered to the Premises.

6.7 Compliance with Law. During the Term and while removing the Billboard Project after the Term in accordance with Section 6.6 above, and subject to Section 7.6 below, Tenant, at no cost to City, shall comply with all valid and applicable statutes, ordinances, regulations, rules, and orders that concern Tenant’s use and occupancy of the Premises and the Billboard Project and are enacted or issued by any federal, state, or local governmental entity with jurisdiction over the Premises or the Billboard Project (including City) whether enacted or issued before, on, or after the Effective Date.

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Packet Pg. 120 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising ARTICLE 7

EVENTS OF DEFAULT EARLY TERMINATION

7.1 Defaults by Tenant. Tenant will be in default under this Lease upon occurrence of any of the following:

7.1.1 Tenant is at any time in default in the payment of Rent or any other monetary sum called for by this Lease for more than thirty (30) days following Tenant’s receipt of written notice from City; or

7.1.2 Tenant is at any time in default in the keeping and performing of any of its other covenants or agreements herein contained, and should such other default continue for thirty (30) days after written notice thereof from City to Tenant specifying the particulars of such default, or if such other default is of a nature that curing such default will take more than thirty (30) days Tenant has failed to commence such cure within such thirty (30) day period and to thereafter diligently pursue completion of such cure.

7.2 City’s Remedies for Default by Tenant

7.2.1 Upon the occurrence and during the continuance of any such default beyond the 30-day period to cure, in addition to any and all other rights or remedies of City hereunder, City may terminate this Lease, at any time and in its sole discretion, effective ninety (90) days after City gives Tenant written notice of termination.

7.2.2 Anything in this Lease to the contrary notwithstanding, neither City nor Tenant shall be liable to the other under or in connection with this Lease for any consequential or punitive damages and each party waives, to the full extent permitted by applicable laws, any claim for consequential or punitive damages, and any claim for loss of business or profits.

7.3 City Remedies Cumulative. Each right and remedy of City provided for herein or now or hereafter existing at law or in equity, by statute or otherwise will be cumulative and will not preclude City from exercising any other rights or remedies provided for in this Lease or now or hereafter existing at Law or in equity, by statute or otherwise. No payment by Tenant of a lesser amount than the Rent nor any endorsement on any check or letter accompanying any check or payment of Rent will be deemed an accord and satisfaction of full payment of Rent; and City may accept such payment without prejudice to City’s right to recover the balance of such Rent or to pursue other remedies.

7.4 Default by City. City will not be in default under this Lease unless City fails to perform obligations required of City within thirty (30) days after written notice is delivered by Tenant to City specifying the obligation which City has failed to perform; provided, however, that if the nature of City’s obligation is such that more than thirty (30) days are required for performance, then City will not be in default if City commences performance within such 30-day period and thereafter diligently prosecutes the same to completion. All obligations of City hereunder will be construed as covenants, not conditions.

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Packet Pg. 121 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising

7.5 Tenant’s Remedies for Default by City. If the City is in default under this Lease beyond any applicable cure period, during the continuance of any such default, in addition to any and all other rights or remedies of Tenant hereunder, or by law or in equity provided, Tenant may terminate this Lease, at any time and in its sole discretion, effective thirty (30) days after Tenant gives City written notice of termination.

7.6 Tenant’s Early Termination Rights. Tenant may terminate this Lease effective ninety (90) days after Tenant gives the City written notice of termination, if any of the following circumstances occur:

7.6.1 The view of the Digital Billboard’s display area from the portion of U.S. Route 101 adjacent to the Premises is materially obstructed, and Tenant did not cause the obstruction.

7.6.2 Tenant cannot safely use the Premises to renovate, operate, maintain, repair, or improve the Billboard Project because of a non-remediable condition, and Tenant did not cause the condition.

7.6.3 There is a material diversion of traffic from, or a material reduction or change in the directional flow of traffic on, the portion of U.S. Route 101 adjacent to the Premises, and the diversion or disruption continues uninterrupted for at least six (6) consecutive months.

7.6.4 Through no fault of its own, Tenant cannot obtain or maintain the Permits required to construct, operate, maintain, repair, or improve the Billboard Project, including the Caltrans Permits and the City Permits, or there is a legal challenge (including, without limitation, a Project Approval Challenge) to such permits and approvals, including, but not limited to, any challenges under the California Environmental Quality Act, and Tenant elects, in its sole discretion, not to oppose such challenges, Tenant may withdraw its applications for approval and terminate this Lease.

7.6.5 Use of the Billboard Project for its intended purpose is prevented or limited by law, or Tenant is required by any court or other governmental entity, for reasons other than eminent domain, to remove any part of the Billboard Project from the Premises.

7.6.6 Tenant is unable to, or it is impractical to obtain or maintain (and any utilities required to operate the Billboard Project) through no fault of its own.

7.6.7 The City is in default under this Lease.

7.7 Tenant’s Right to Renegotiation. If any of the circumstances identified in Section 7.6 above occurs, then, at its discretion and in lieu of termination, Tenant may request that the City negotiate a reduction in the Rent to an amount that reasonably reflects the diminished value of the Billboard Project to Tenant, and on receiving the request the City will negotiate in good faith with Tenant. The City is not required, however, to agree on a reduction in Rent.

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Packet Pg. 122 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising ARTICLE 8
TAXES

8.1 Taxes. Tenant shall pay without abatement, deduction, or offset any income taxes or possessory interest taxes levied on or assessed against the Billboard Project located on the Premises, Tenant’s equipment, fixtures, and personal property located on or in the Premises, which are directly attributable to this Lease or Tenant’s use of the Premises, whether belonging, owned, or chargeable against the City. Tenant shall make all such payments directly to the charging authority prior to delinquency and before any fine, interest, or penalty becomes due or is imposed for Tenant’s non-payment. Following prior request by City, Tenant shalt provide City with proof of payment of such tax.

8.2 Business License Required. Tenant is required to obtain a valid City of Gonzales Business License as one is required for all entities engaged in business operations within the City. It is unlawful for Tenant to display advertising on a billboard in the City of Gonzales (conduct business) without first having procured a City of Gonzales business license. City business licenses require annual renewal, and the cost of such may be adjusted by the City from time to time.

ARTICLE 9

EMINENT DOMAIN

9.1 Condemnation. The term “Condemnation” means any impairment of Tenant’s use of the Premises as a result of any act or omission of any governmental authority, including, without limitation, a change in the law, a public or private exercise of the power of eminent domain or the exercise of other government authority, such as alteration of a public street directly serving the Premises. The proceeds, including any judgment and interest, arising from any Condemnation are referred to herein as the “Award.” Whether this Lease is terminated or not terminated upon a Condemnation, the rights of City and Tenant shall be governed by this Article 9, which shall survive the termination of this Lease. The parties waive the right to seek a judicial termination of this Lease.

9.2 Allocation of Award. Any Award attributable to the Premises shall be allocated and paid to City, except Tenant shall receive the portion of the Award attributable to Tenant’s expenses for improvements at the Premises resulting from the Condemnation, the value of the leasehold estate of Tenant pursuant to this Lease and the fee estate of Tenant in and to the improvements at the Premises, and the cost to Tenant of removal and relocation of any improvements at the Premises. In addition to the foregoing, Tenant may separately pursue any claims for loss of good will to Tenant’s business, reestablishment benefits and moving expenses, business interruption, future sales revenues, and/or any other claim or right of recovery to which Tenant is entitled by applicable law.

9.3 Effect of Condemnation. Tenant may terminate this Lease on notice to City if Tenant determines the Condemnation will result in an adverse impact on the operation of the business of Tenant on the Premises. If Tenant fails to terminate this Lease upon a Condemnation, an

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Packet Pg. 123 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising equitable adjustment in Rent and any other charges owed under this Lease shall be made, commencing on the date of the Condemnation, to reflect any diminution in the revenues of Tenant.

ARTICLE 10

INDEMNIFICATION

10.1 Indemnification of City. Subject to the waiver of subrogation contained in Article 11 below, Tenant shall defend City, its officers, employees and agents against and indemnify and hold City harmless from all claims, losses, liabilities and expenses, including, without limitation, reasonable attorneys’ fees and costs, asserted against or incurred by City in connection with: (a) any injury to or death of any person or the loss of or damage to any property occurring on the Property resulting from installation, operation, maintenance and removal of Billboard Project; (b) the failure of Tenant to perform any obligation of Tenant pursuant to this Lease; (c) the inaccuracy or falsity of any representation or warranty of Tenant in this Lease; and (d) the acts or omissions of Tenant and the agents, customers and invitees of Tenant; provided, however, that Tenant shall have no responsibility to City for the acts or omissions of City.

10.2 Indemnification of Tenant. Subject to the waiver of subrogation contained in Article 11 below, City shall defend Tenant against, indemnify and hold Tenant harmless from all claims, losses, liabilities and expenses, including, without limitation, reasonable attorneys’ fees and costs, asserted against or incurred by Tenant in connection with: (a) the failure of City to perform any obligation of City pursuant to this Lease; (b) the inaccuracy or falsity of any representation or warranty of City in this Lease; and (c) the acts or omissions of City and the agents, customers and invitees of City.

10.3 Hazardous Materials. City shall be solely responsible for all Hazardous Materials existing on, under or about the Premises and not caused or released by Tenant or any agent, employee, or contractor thereof (collectively, “Tenant Party”). City shall defend Tenant, its directors, officers, employees, agents, invitees, licensees, successors and assigns (collectively, the “Tenant Indemnitees”) against, indemnify and hold Tenant and the Tenant Indemnitees harmless from, all claims asserted against Tenant or any Tenant Indemnitee and any losses, liabilities or expenses incurred by Tenant or any Tenant Indemnitee, including without limitation, reasonable attorneys’ fees and costs, in connection with any Hazardous Material on, under or about the Premises and not caused or released by any Tenant Party, which obligation shall survive the cancellation or termination of this Lease. City shall be responsible for remediating in compliance with all applicable laws any contamination not caused or released by Tenant or any Tenant Party, which is located on, under or about the Premises without expense to Tenant. Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the Premises by Tenant or any Tenant Party, except to the extent that such Hazardous Materials are necessary or useful to Tenant’s business (in which case such Hazardous Materials shall be used, kept and stored in a manner that complies with all applicable laws).

Tenant shall defend City, its officers, employees, agents, licensees, successors and assigns (collectively, the “City Indemnitees”) against, indemnify and hold City and the City Indemnitees harmless from, all claims asserted against City and the City Indemnitees and any losses, liabilities or expenses incurred by City and the City Indemnitees, including, without

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Packet Pg. 124 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising limitation, reasonable attorneys’ fees and costs, as a direct result of a breach by Tenant of its obligations set forth in this Section 10.3, which obligation shall survive the cancellation or termination of this Lease; provided, however, that Tenant’s indemnity obligations pursuant to this Section shall not apply to any Hazardous Materials used, generated, transported, stored or disposed of by City or any City Indemnitee or any liability incurred or suffered as a result thereof.

ARTICLE 11

INSURANCE

11.1 Types of Policies. During the Term and, if Tenant is removing the Billboard Project pursuant to Section 6.6, during Tenant’s removal of the Billboard Project in accordance with Section 6.6, at no cost to City except as otherwise contemplated by this Lease, Tenant shall procure and maintain the forms and amounts of insurance covering Tenant’s possession and use of the Premises set forth in Section 11.1(a) and (b) below (“Tenant’s Insurance”). (a) Commercial General Liability Insurance. A policy of commercial general liability insurance (occurrence form) having a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence and Four Million Dollars ($4,000,000) annual aggregate, providing coverage for blanket contractual liability including Tenant’s indemnification obligations under this Lease), premises liability, products and completed operations liability, broad form property damage, and bodily injury (including wrongful death) and advertising injury coverage. Such insurance shall be primary to and not contributing with any other insurance, self-insurance or joint self-insurance maintained by City, and shall name the City, its officers, employees and agents as an additional insured. (b) Auto Insurance. Commercial automobile liability insurance in the amount of one million dollars $1,000,000 combined single limit each accident for bodily injury and property damage covering all owned and non-owned and hired vehicles. Such insurance shall be primary to and not contributing with any other insurance, selfinsurance or joint self-insurance maintained by City, and shall name the City, its officers, employees and agents as an additional insured. (c) Workers’ Compensation and Employer’s Liability Insurance. Workers’ compensation insurance, if required by law, which complies with all applicable state statutes and regulatory requirements, and employer’s liability insurance coverage in statutory amounts. Tenant shall also require any contractor utilized to perform any services or work at the Premises pursuant to this Lease to maintain such workers’ compensation insurance and provide proof of such insurance prior to commencing any services or work at the Premises.

11.2 Insurer Qualifications. Tenant’s Insurance shall be written by companies licensed to do business in California and having a “General Policyholders Rating” of at least A-/VII (or such higher rating as may be required by a lender having a lien on the Tenant’s leasehold interest) as set forth in the most current issue of “Best’s Insurance Guide.”

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Packet Pg. 125 Attachment: Lease Agreement with Legacy Sign Company (3095 : Lease Agreement W/ Legacy Sign Company for an Offsite Advertising

11.3 Certificates of Insurance. Tenant shall deliver to City certificates of insurance for Tenant’s Insurance, in the form of the ACORD standard certificate of insurance, prior to construction with the execution of the Lease. Prior to expiration of the policy, Tenant will furnish City with certificates of renewal. Each certificate shall, if standard insurance industry practice, expressly provide that such casualty policies must not be cancelable except after 30 days’ prior written notice to the parties named as additional insureds as required in this Lease. If Tenant fails to maintain any insurance required in this Lease, Tenant shall be liable for all losses and costs resulting from such failure.

11.4 Notice. Each of the policies shall require the insurer to give City at least 30 days’ advance written notice before the policy is cancelled.

11.5 Waiver of Subrogation. To the full extent permitted by law, City and Tenant each waive all rights of recovery against the other for, and agree to release the other from liability for, loss or damage to the extent such loss or damage is covered by valid and collectible insurance in effect at the time of such loss or damage or would be covered by the insurance required to be maintained under this Lease by the party seeking to recover.

ARTICLE 12

MISCELLANEOUS

12.1 Notices. Any notice or other communication to be given under this Lease shall be in writing and will be considered properly given and effective only when addressed to the persons identified below and (i) mailed postage prepaid by certified or registered mail, return receipt requested, or (ii) delivered by personal or courier delivery, or (iii) sent by facsimile (immediately followed by one of the preceding methods). Notices or communications will be deemed served upon the earlier of receipt or three (3) days after the date of mailing. A party may change its address for these purposes by giving written notice of the change to the other party in the manner provided in this Section 12.1.

To City:

City of Gonzales
Attn: City Manager
P.O. Box 647
Gonzales, CA 93926
(831) 675-5000
To Tenant:

Legacy Sign Company
Attn: Scott Smith
323 Tolak Road
Aptos, CA 95003

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Gonzales City CouncilOctober 7, 2024

Gonzales City Council
October 7, 2024