Gonzales City Council
November 4, 2024

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

A G E N D A

JOINT MEETING OF THE

GONZALES CITY COUNCIL AND

GONZALES SUCCESSOR AGENCY
CITY COUNCIL CHAMBERS – 117 FOURTH STREET
GONZALES, CA 93926
MONDAY, NOVEMBER 4, 2024
6:00 P.M.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

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

PUBLIC NOTICE
This meeting is being conducted consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The public may participate in person or online via zoom at https://us06web.zoom.us/j/87020263943 or call 1 (669) 900-6833 and use Meeting ID: 870 2026 3943.

If you wish to make either a general public comment or to comment on a specific agenda item, please use the Raise Hand function. You will be allowed three minutes for your comments.

If you choose not to attend the City Council meeting but wish to make a comment on a specific agenda item, please submit your comment limited to 250 words or less by 12:00p.m. on the day of the meeting to the City Clerk at [email protected]

PRESENTATIONS

2. Introduction of Gonzales Youth Council Members

BUSINESS FROM THE PUBLIC

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

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

4. Approve the Joint City Council and Successor Agency - Regular Meeting - October 21, 2024 Minutes

5. Approve City Accounts Payable Warrants #50984-51033

6. Consider Approval of Amendment 1 to Grant Funds and Authorize Execution of the Agreement for the Regional Early Action Planning Grant (REAP 2.0 Program)

7. Consider Approval of Resolution No. 2024-64, A Resolution of the City Council of the City of Gonzales Recognizing Senator Anna M. Caballero’s Dedication and Service to the Community of Gonzales

8. Consider Approval of Resolution No. 2024-65, A Resolution of the City Council of the City of Gonzales Authorizing Execution of a Professional Services Agreement with Earth Systems for Soil and Groundwater Sampling and Related Laboratory Analysis for the Industrial Wastewater Treatment Facility in the Amount of $55,000

9. Consider Approval of Resolution No. 2024-66, A Resolution of the City Council of the City of Gonzales Approving Parking Regulations Dated November 4, 2024, and Rescinding Resolution No. 2018-03

10. Authorize the City Manager to Implement the Newly Revised Utility Assistance Program, and Amend the FY 2024-2025 Budget with a $40,000 Increase to Line Item 300-000-52010 (Water Enterprise Fund) to Accommodate the Program’s Expense

REGULAR AGENDA

11. CHISPA Progress Report on the Alta Street Property
a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Receive a presentation and report from CHISPA President/CEO Geoffrey Morgan, and provide direction on potential options for the site

GONZALES YOUTH COUNCIL UPDATES

12. Oral Communications

BUSINESS FROM CITY COUNCIL

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

14. Oral Communications

BUSINESS FROM CITY MANAGER

15. Oral Communications

*
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.

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.

16. The City Council will recess to Closed Session to meet with its designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6. The Employee Groups are GPOA, GSOA, Painters & Allied Trades District Council 26, International Fire Fighters Local 5388 and Unrepresented Employees.

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 Regular Meeting Agenda was posted at City Hall, Council Chambers, and on the City’s website by Thursday, October 31, 2024, at 5:00 p.m. 10/31/24
Mary Villegas Date

MINUTES

JOINT MEETING OF THE

GONZALES CITY COUNCIL AND

GONZALES SUCCESSOR AGENCY
MONDAY, OCTOBER 21, 2024
6:00 P.M.

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

PLEDGE OF ALLEGIANCE
Council Member Silva led the flag salute.

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

YOUTH COMMISSIONERS
Valeria Cardenas and Emily Mendez.

STAFF PRESENT
City Manager Carmen Gil, City Attorney Michael F. Rodriquez, Community Development Director Taven Kinson Brown, Executive Assistant to the City Manager/Deputy City Clerk Mary Villegas, Administrative Assistant II Marisol Gomez, Public Works Director/City Engineer Patrick Dobbins, and Police Chief Keith Wise.
* Successor Agency Item
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Minutes Acceptance: Minutes of Oct 21, 2024 6:00 PM (CONSENT AGENDA) AGENDA
ITEM
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PUBLIC NOTICE
This meeting is being conducted consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The public may participate in person or online via zoom at https://us06web.zoom.us/j/87020263943 or call 1 (669) 900-6833 and use Meeting ID: 870 2026 3943. If you wish to make either a general public comment or to comment on a specific agenda item, please use the Raise Hand function. You will be allowed three minutes for your comments.

If you choose not to attend the City Council meeting but wish to make a comment on a specific agenda item, please submit your comment limited to 250 words or less by 12:00p.m. on the day of the meeting to the City Clerk at [email protected]

PRESENTATIONS

2. Introduction of Gonzales Youth Council Members
This item was moved to the next Council meeting.

3. Retail Market Report for Gonzales
Supervisor Chris Lopez mentioned that they commissioned a retail study for South County, the rest of the Cities joined us and Monterey County Business Council in putting together a report that looks at what's possible today and what's possible as we move forward if Gonzales accomplishes its goals of building the housing the community wants. He introduced Paul Farmer who led the presentation.

Paul Farmer, Monterey County Business Council, thanked Supervisor Lopez for being instrumental in helping us put together the South County roundtable which was a monthly meeting of the South County City Managers and staff. He also thanked City Manager Gil and Community Development Director Kinison Brown who had been participating as well. He said the focus was on how we could support economic development in South County and talked about a few different possibilities of what we could do, and landed on the report the Principal Consultant would present. He introduced Mr. Valenti from Kosmont Companies.

Bob Valenti, Kosmont Companies Vice President, provided background on the company; provided information on the retail market in the region, assets that can be leveraged for economic development; demographics, tax revenue and employment data; retail market overview, strength, weaknesses, opportunities and threats; retail development feasibility; challenges and opportunities; retail tenant priorities; overview of Gonzales opportunity; and implementation tools and strategies.

BUSINESS FROM THE PUBLIC

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

Elvira Herandez Jimenez commented in Spanish and City Manager Gil translated for her. She had been a Gonzales resident for over forty years and came tonight to share her concerns about the changes on the MST Circulator Project. She commented she relied heavily on this bus to do her errands since she's a senior citizen and asked the City not to stop it.

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Minutes Acceptance: Minutes of Oct 21, 2024 6:00 PM (CONSENT AGENDA)

Roman Barba commented about talking to people around town on the measure and said they didn't want to vote for the tax measure because no school was built with the school bonds they voted for before. He also elaborated on the number of motor homes and enforcement issues.

CONSENT AGENDA

5. Approve the Joint City Council/Successor Agency/Public Financing Authority - Regular Meeting - October 7, 2024 Minutes

6. Approve City Accounts Payable Warrants #50912-50983

7. City Manager’s Report

8. Community Development Department Activity Report

9. Community Engagement & Recreation Departments Activity Report

10. Fire Department Activity Report

11. Police Department Activity Report

12. Public Works/City Engineer Department Activity Report

13. Consider Approval of Resolution No. 2024-63, A Resolution of the City Council of the City of Gonzales Authorizing the City Manager to Execute Easement Documents and Right-of-Entries Agreements for the Industrial Wastewater Pipeline Project for an Amount not to Exceed $250,000
Council Member Silva asked for clarification on page 29, warrant #50933 for $29,908.13 for water meters replacement.

Public Works Director Dobbins responded this was for a lot of meters that needed to be replaced, and we also purchased one for the Community Center which may be the big one, but he'll get that specific information for her.

Council Member Silva asked for clarification on page 31, warrant #50962 for $19,420 to opengov.

City Manager Gil responded that was for a system that was approved over a year and a half ago for online budgeting where everyone can access the data processing from our financial system.

Council Member Silva asked for clarification on page 31, warrant #50968 for $6,776.25 to Sage Renewal Energy for EV chargers and if that was for the Community Center.

Public Works Director Dobbins responded yes.

Mayor Rios shared his concerns about the amount of what the chargers cost.

Public Works Director Dobbins mentioned this was related to the EV charging station grants and it was a reimbursable expense.

Council Member Worthy expressed her appreciation for this new system's list where they could see everything.
*
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Minutes Acceptance: Minutes of Oct 21, 2024 6:00 PM (CONSENT AGENDA)

Council Member Orozco mentioned that sometimes when we ask staff for information on some of the warrants, it could be very challenging since they don't have the information at the moment or we ask a question and they aren't able to answer because they may not have the information in front of them, so she would like to suggest that maybe we try to get some of the question answered prior to the meeting and still bring them up during the meeting. She thought this would allow staff to have enough time to be able to check and have the answers for us.

Mayor Rios concurred with her and said he got really busy this weekend and read the agenda this afternoon. But he agreed that we should ask staff so they have the answers when we get to the meeting.

RESULT: APPROVED [UNANIMOUS] Consent Agenda Items 5-13
MOVER: Liz Silva, Council Member
SECONDER: Maria Orozco, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco

REGULAR AGENDA

14. Possible New Regulations Concerning Encampments on Public Property Staff Report: City Attorney Rodriquez presented the staff report.

Public Comment: Roman Barba commented about a motor home in the yard in his neighborhood where they were dumping the sewer, and people living in motor homes.

Council Action: After general discussion, it was the Council's consensus to direct staff to work on possible regulations considering the King City ordinance language with modifications from Fresno City regulations and bring it back.

15. Report on Parking District Formation
Staff Report: City Attorney Rodriquez presented the staff report.

Public Comment: Roman Barba commented about enforcement issues that the Police Department wasn't currently doing and suggested going after the homes that have abandoned vehicles to create more parking spaces.

City Manager Gil informed the Council that staff received an email from Jennifer Uribe and read it into the record as follows: “I hope you are doing well. I do not have all of the council member’s email addresses, hoping you are able to forward this on to them prior to the next scheduled council meeting. Recently I reviewed the city council packet and was surprised to see that the council members are exploring the idea of residential parking permits. I am concerned that the Gonzales Police Department will become nothing but parking attendants? Even though the city cops seem to have time to ticket people on parking but have recently been passive on house parties and noise, do not see that this is efficient use of police and city funds? I have heard at several meetings that government agencies are low on funds and resources. Is this not the case for the City of Gonzales and the Police Department? If there are additional funds to take this administrative burden on, why not take this decision to the residents of Gonzales, as a whole, so we can vote on this type of activity? The police department is already exhausted and does not have additional resources to spend time reviewing and auditing parking permits. As well as the city and the administrative burden that a parking program will put on city staff? If the city and police department have additional funds, those funds would be best spent on expanding the staff, Packet Pg. 7
Minutes Acceptance: Minutes of Oct 21, 2024 6:00 PM (CONSENT AGENDA)

improving recreational opportunities for the city of our youth and community members. If there are specific locations where this is an issue, why not start neighborhood watch communities, and educate those community members? The city packet states that residential parking issues are normally big city problems and tend to be around big buildings, such as stadiums etc., if this is the case for Gonzales, then have those buildings, such as the Theodore Church increase their parking or any other building where groups of people meet, have them discus carpooling of the source. Again, I am asking you to reconsider this idea of residential parking permits. It does not send a welcoming message to business or the construction of businesses that may want to build here, as well as the residents of Gonzales, may not be able to afford the additional fee. Thank you, Jen.”
Council Action: After general discussion, it was the Council's consensus to direct staff to move forward to put together a framework for discussion at a workshop.

GONZALES YOUTH COUNCIL UPDATES

16. Oral Communications
Commissioners Cardenas and Mendez reported on their meetings and action items for the year; Community Center Site tour; announced their next meeting on November 7 th and information
session at the High School from Sun Street Centers this Wednesday during lunch hour.

BUSINESS FROM CITY COUNCIL

17. City Council Board/Committee Reports
a. League of California Cities Monterey Bay Division
Mayor Rios asked City Manager Gil to provide a report since she attended the Annual League Conference. City Manager Gil reported she ran into a good number of colleagues from the County who shared similar challenges regarding infrastructure roads and street funding, and there were a lot of learning opportunities with local and state folks. b. Association of Monterey Bay Area Governments
Mayor Pro Tem Funk reported on the adoption of the final 2026 Regional Growth Forecast and Gonzales being recognized for growth.
c. Monterey Salinas Transit
Council Member Worthy reported on the promotional free fare for anyone who wanted to go vote on election day; the purchase of batteries for electric bus chargers; ridership being up for line 23; and people not being able to stand anymore due to concern on certain areas. She also reported on the presentation they received on cyber security.

18. Oral Communications
Mayor Rios asked Council Member Worthy to lead the Happy Birthday song for our City Manager Carmen Gil whose birthday was today. Everyone present sang and wished her a Happy Birthday.

Council Member Orozco reported on the Health Fair she attended at the park which was very well attended. She also elaborated on the issue the City of Salinas and Gonzales are having now with kids riding bikes on the streets which was scary and dangerous because they were causing accidents. She said we should be concerned with the young adults riding here since we have a lot of seniors driving. She forwarded the information she had to Chief Wise and hoped the school could distribute the information to the parents and students.

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Minutes Acceptance: Minutes of Oct 21, 2024 6:00 PM (CONSENT AGENDA)

Mayor Pro Tem Funk thanked staff for working on preventive measures for the upcoming storms.

Council Member Silva mentioned she was able to give the public an answer she didn't have when they asked her, but after talking to staff she confirmed that the water that went into the storm drains did not go to the treatment plant. She announced there was no Salinas Valley Recycles meeting this month due to lack of a quorum because many members attended the Annual League Conference. She also elaborated on the Rancho Cielo event last week where she volunteered, which was really fun. She reminded everyone about the Listening Session hosted by Supervisor Lopez for District 3 on Wednesday at 5:30pm in the Council Chambers, and the Highway 1 SOS Committee meeting this Thursday at 5:00pm at the Chualar School.

She invited trick-or-treaters to come by the Legion Hall for a goodie bag. She also said if anyone was interested in volunteering for Farm Day, there will be a meeting on Thursday, November 7th at 8:00am and they can let her know if they want more information.

Council Member Worthy added the American Legion would have 100 bags and it would start at 6:00pm. She announced a Veteran’s Day Assembly at Fairview School on November 6th from 1:05pm – 1:50pm.

Mayor Rios mentioned that Senator Caballero would no longer serve this area due to the redistricting and asked Council Member Orozco if she could attend her farewell event and present her with a resolution from the City Council. He also mentioned that Alejandra Flores from the Community Development Department was no longer with the City as she took a job with the County and elaborated on what a great employee she was. He also said he would attend the Trunk-or-Treat event.

BUSINESS FROM CITY MANAGER

19. Oral Communications
City Manager Gil mentioned that we were taking candy donations for the Trunk or Treat event since it was a very well attended event last year and kept running out of candy. She thanked staff for putting together the movie night last weekend which went really well. She announced the Listening Session this Wednesday at 5:30pm in the Council Chambers and invited everyone to attend to share ideas from the community; the Trunk-or-Treat event October 26th where we would have plenty of pumpkins; the Community Gardening Day November 2nd from 11:00am – 2:00pm; the Hometown Heros Program November 6th consisting of unveiling veteran signs at Central Park at 12:00pm followed by a celebration at the Fairview Gym, and snacks at the American Legion Hall. We’re excited about the new program and have 28 signs that will honor our local Veterans.

Community Development Director Kinison Brown reported on the flyer regarding the draft housing element.

Police Chief Wise wanted to add to the parking enforcement issue brought up tonight. He said it was ridiculous to hear that the Police Department wasn’t doing their job and asked anyone who wanted to have facts, he had them. He also said there was a mention about motor homes parked on private properties and elaborated on what the department has been doing about it. He added that he provided a report with information in the activity report every month regarding that. He asked anyone who had any questions to feel free to contact him any time to get information.

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Minutes Acceptance: Minutes of Oct 21, 2024 6:00 PM (CONSENT AGENDA)

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 7:57 PM.

ATTEST:

Mary Villegas, Deputy City Clerk
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Minutes Acceptance: Minutes of Oct 21, 2024 6:00 PM (CONSENT AGENDA) AGENDA
ITEM
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Attachment: Warrants #50984-51033 (3142 : Approve City Accounts Payable Warrants #50984-51033) 5 Packet Pg. 12
Attachment: Warrants #50984-51033 (3142 : Approve City Accounts Payable Warrants #50984-51033) Packet Pg. 13
Attachment: Warrants #50984-51033 (3142 : Approve City Accounts Payable Warrants #50984-51033) Packet Pg. 14
Attachment: Warrants #50984-51033 (3142 : Approve City Accounts Payable Warrants #50984-51033) Packet Pg. 15
Attachment: Warrants #50984-51033 (3142 : Approve City Accounts Payable Warrants #50984-51033) City of Gonzales

COMMUNITY DEVELOPMENT DEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: November 4, 2024
FROM: Taven Kinison Brown, Community Development Director THROUGH: Carmen Gil, City Manager
SUBJECT: Regional Early Action Planning Grant Amendment

RECOMMENDATION
It is Recommended that the City Council approve Amendment 1 to grant funds and authorize execution of the agreement for Regional Early Action Planning Grant (REAP 2.0 Program).

BACKGROUND
On June 29, 2021, Governor Newsom signed the Budget Act of Fiscal Year 2021-2022 which established the Regional Early Action Planning Grants Program of 2021 (REAP 2.0 or Program) which allocated $600 million in one-time funds to accelerate infill housing development, affirmatively further fair housing, and reduce Vehicle Miles Traveled (VMT).

Purposes of the Grant. In the City’s application through AMBAG, the City of Gonzales described its expected implementation efforts to rezone and upzone core downtown mixed uses and the surrounding single family zoning designations to accommodate the 6th Cycle Regional Housing Needs Assessment (RHNA) for the City of Gonzales Housing Element. The City anticipated preparing an RFP for planning consulting services to evaluate and customize a rezoning proposal to broadly increase zoning densities and allow for the spectrum of housing types and affordability levels over a substantial portion of the City.

Additionally, there will be a need for environmental evaluation of the impacts to fire and police services, schools and daycare systems, healthcare opportunities and other social amenities.

Following a City Council Meeting on September 18, 2023, to consider the matter as described in Resolution 2023-058, the City Manager on October 25, 2024, entered an Agreement with the Association of Monterey Bay Area Governments (AMBAG) to receive a portion of AMBAG’s REAP 2.0 funds according to an allocation method approved by the AMBAG Board. The City was awarded $128,750.

AGENDA
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The award would be drawn down proportionately against activities performed and invoices charged to the effort.

Modification of the State Budget 2024-2025. Leading into the preparation of the Governor’s May 2024 revision for the State of California budget, the ~$600 million REAP 2.0 program was potentially being considered for elimination. After extensive lobbying efforts by many municipalities who had been planning for and programming for the use of the REAP 2.0 funds to further housing efforts, the REAP 2.0 budget was mostly restored to $560 million.

Revised Allotment to the City of Gonzales. The maximum that the City of Gonzales may encumber from the REAP 2.0 program is now $121,153.75, down 5.9% from the initial award of $128,750.

Through HCD, additional consulting services have been provided to the City of Gonzales through Placeworks Inc. to complete the second draft of the 6th Cycle Housing Element for HCD re-submittal.

Placeworks and the Community Development Director have been engaged in zoom consultations, policy considerations and several draft efforts to address HCD’s concerns with the City’s Initial Draft 6th Cycle Housing Element Document.

REVIEW AND ANALYSIS
How close is the City to Certification of the 6th Cycle Housing Element? On Friday, October 25, 2024, the City began another 60-day state HCD review of our second draft 6th Cycle Element. Prior to or up to December 25, 2024, the City will receive our response from HCD and that will be our measure of how close we are to certification. If comments are minimal at that point and HCD certifies the 6th Cycle Housing Element, the City may adopt the housing element with or without changes. City adoption and completion of this process will require public hearings through the Planning Commission and City Council.

Once the 6th Cycle Housing Element is certified by HCD and adopted by the City, the City will then shift to implementation mode and be able to draw upon the REAP 2.0 grant monies for those efforts. The City anticipates preparing an RFP for planning consulting services to customize a rezoning proposal to broadly increase zoning densities and allow for the spectrum of housing types and affordability levels over a substantial portion of the City. REAP 2.0 is mainly attributable to existing City areas (infill development) and is not necessarily attributable to our developer-led efforts in the Sphere of Influence areas.

This report serves to inform the City Council and the public that the maximum that the City of Gonzales may encumber from the REAP 2.0 program is now $121,153.75, down 5.9% from the initial award of $128,750.

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: Implementation of the 6th Cycle Housing Element is purposely dedicated to formalizing policies and programs for inclusion of all income groups and housing needs in the community. By increasing housing supply in the manner anticipated in the policies and programs of the 6th Cycle Housing Element, Gonzales will continue to be a safe, clean, family-friendly community.

Explain how the Recommendation Directly Implements the Mission Packet Pg. 17
The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.

Explain: By utilizing state funding opportunities to assist the City in preparing its 6th Cycle Housing Element through the REAP 2.0 grant program, the City of Gonzales has leveraged limited, but available financial resources necessary to begin implementation of the 6th Cycle Housing Element. Implementation of the Housing Element will enhance the quality of life of our diverse community.

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.

Explanation: Please see the Vision and Mission explanations above.

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 Yes No X N/A
• Education Yes No X N/A
Explain: Please see the Vision and Mission explanations above.

ALTERNATIVES
The Council could choose not to amend the contract and not receive the funding, which is not recommended.

BUDGET IMPACT
There should be no impact to the budget up to the amount of the REAP 2.0 grant of $121,153.75. As the City recovers a 10% staff administrative services surcharge on consultant contracts, staff anticipates circulating an RFP for what Planning Services we can accomplish with approximately $109,000. Such a contract amount would allow the City to recover our administration of the consultant contract without impact to the budget.

Other Housing Element implementation activities of the Director and Department will need to be absorbed, unless additional financial resources are found or allotted.

CONCLUSION
It is Recommended that the City Council approve Amendment 1 to grant funds and authorize execution of the agreement for Regional Early Action Planning Grant (REAP 2.0 Program).

Attachments:
• Resol No. 23-58 Accepting Grant Funds &Agrmt for Grant 2.0 Program • REAP 2 LSGP MOU AMENDMENT 14H Ext2
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Attachments:

1. Resolution No. 23-58 Agrmt for Grant 2.0 Program

2. REAP 2 LSGP MOU AMENDMENT 1 4H Ext2
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RESOLUTION NO. 2023-58

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

ACCEPTING GRANT FUNDS AND AUTHORIZING EXECUTION OF AGREEMENTS FOR THE REGIONAL EARLY ACTION PLANNING GRANT (REAP) 2.0 PROGRAM WHEREAS, the California Department of Housing and Community Development (HCD) is authorized to provide up to $510,000,000 to Metropolitan Planning Organizations and Councils of Government listed in Health and Safety Code Section 50515.08, subdivisions (a)(1)-(6) under the Regional Early Action Planning Grants Program (REAP 2.0), as detailed in Health and Safety Code Section 50515.08-10; and
WHEREAS, the REAP 2.0 program was established through AB 140 (July 2021) for transformative and innovative projects that implement a region's Sustainable Communities Strategy (SCS) and help achieve the objectives of more housing and transportation options that reduce reliance on cars. This includes accelerating housing production and facilitating compliance with the 6th Cycle of the Housing Element; and
WHEREAS, the State of California Department of Housing and Community Development (HCD) issued a Notice of Funding Availability on July 26, 2022, for REAP 2.0 grants available to Metropolitan Planning Organizations and Councils of Government; and WHEREAS, the Association of Monterey Bay Area Governments (AMBAG) requested funds from HCD pursuant to Health and Safety Code Section 50515.08(c) to develop and accelerate the implementation of the requirements described in Health and Safety Code section 50515.08(c)(1); and
WHEREAS, HCD approved AMBAG’s Request for Funds, subject to the terms and conditions of Eligibility, Guidelines, NOFAs, Program requirements, and the Standard Agreement by and between HCD and AMBAG; and
WHEREAS, AMBAG is authorized to suballocate REAP 2.0 funds to eligible applicants in the AMBAG region and will administer the REAP 2.0 grant program and provide oversight of the grant program in the AMBAG region; and
WHEREAS, AMBAG developed a suballocation program in cooperation with HCD and eligible applicants in the AMBAG region; and
WHEREAS, AMBAG issued a Notice of Funding Availability for a REAP 2.0 suballocation program for eligible applicants in the AMBAG region on June 15, 2023; and WHEREAS, the City of Gonzales is eligible to submit a request for allocation for a portion of REAP 2.0 funds from AMBAG; and
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Attachment: Resolution No. 23-58 Agrmt for Grant 2.0 Program (3137 : Regional Early Action Planning Grant (REAP 2.0 Program) Amendment)

WHEREAS, the City of Gonzales Community Development Department prepared a Local Suballocation Grant Program (LSGP) Application to the Association of Monterey Bay Area Governments (AMBAG), and submitted the application in a timely manner by August 15, 2023; and
WHEREAS, on September 1, 2023, the City of Gonzales was informed that we had been awarded a Regional Early Action Planning 2.0 (REAP 2.0) Local Suballocation Grant Program (LSGP) grant, contingent upon execution of an MOU with AMBAG and a resolution authorizing acceptance of the grant in the amount of $128,750; and
WHEREAS, the City anticipates preparing an RFP for planning consulting services to evaluate and customize a rezoning proposal to broadly increase zoning densities and allow for the spectrum of housing types, and affordability levels over a substantial portion of the City; and

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

1. The City of Gonzales is hereby authorized to accept an allocation not to exceed $128,750 from the Association of Monterey Bay Area Governments for REAP 2.0 grant funding, and

2. The City of Gonzales is hereby authorized to enter into agreements and take further actions as may be necessary to give effect to this resolution, such as executing amendments, memorandums of understanding, and approving funding applications with the Association of Monterey Bay Area Governments for REAP 2.0 grant funding.

PASSED AND ADOPTED by the City Council of the City of Gonzales at a meeting held on this 18th day of September 2023 by the following vote:

AYES: COUNCIL MEMBERS: Mayor Pro Tem Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco, and Mayor Jose L. Rios
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None

Jose L. Rios, The Honorable Mayor
ATTEST:

Mary Villegas, Deputy City Clerk
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Attachment: Resolution No. 23-58 Agrmt for Grant 2.0 Program (3137 : Regional Early Action Planning Grant (REAP 2.0 Program) Amendment)

MEMORANDUM OF UNDERSTANDING
between
THE ASSOCIATION OF MONTEREY BAY AREA GOVERNMENTS and the City of GONZALES Regarding
REGIONAL EARLY ACTION PLANNING GRANTS PROGRAM OF 2021
WHEREAS, on June 29, 2021, Governor Newsom signed the Budget Act of Fiscal Year 2021-2022 which established the Regional Early Action Planning Grants Program of 2021 (REAP 2.0 or Program) which allocated $600 million in one-time funds to accelerate infill housing development, affirmatively further fair housing, and reduce VMT; and
WHEREAS, the California Department of Housing and Community Development (HCD) has been assigned as the state agency overseeing this program; and
WHEREAS, a portion of REAP 2.0 funds have been allocated to the Association of Monterey Bay Area Governments (AMBAG); and
WHEREAS, AMBAG will grant the majority of REAP 2.0 funds to eligible entities in the AMBAG area; and WHEREAS, eligible entities may apply for a portion of AMBAG’s REAP 2.0 funds according to an allocation method approved by the AMBAG Board; and
WHEREAS, AMBAG shall approve grant applications subject to the terms and conditions of eligibility, guidelines, Notices of Funding Availability, and program requirements.

THEREFORE, BE IT RESOLVED:

The following agreement is entered into between the City of GONZALES (Grantee) and the Association of Monterey Bay Area Governments (AMBAG).

AMENDMENT 1
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Attachment: REAP 2 LSGP MOU AMENDMENT 1 4H Ext2 (3137 : Regional Early Action Planning Grant (REAP 2.0 Program) Amendment)

AUTHORITY, PURPOSE, AND SCOPE OF WORK

1. Authority
The Regional Early Action Planning Grants Program of 2021 (REAP 2.0 or Program) is established for the purpose of providing regions with one-time funding, including grants for transformative planning and implementation activities. Up to eight million six hundred and twenty-five thousand ($8,625,000) shall be distributed by AMBAG to eligible entities in the AMBAG area under the Program in accordance with Chapter 3.15 of the California Health and Safety Code (Statute). The Association of Monterey Bay Area Governments (AMBAG) shall administer the Program to eligible entities in the AMBAG area in accordance with the Statute and AMBAG’s REAP 2.0 Local Suballocation Grant Program and Regional Competitive Grant Program Guidelines (Guidelines), pursuant to Health and Safety Code section 50515.10(h), and program guidance.

This Agreement (Agreement) authorizes the encumbrance of the total funds available to the awardee, subject to all statutory requirements and all applicable provisions, including but not limited to the Guidelines, approved applications, and any subsequent modifications.

The Grantee shall consult with AMBAG on any amendment modification or other provision related to the implementation of the Program. AMBAG’s decisions related to the administration of the Program shall be final.

2. Purpose
In accordance with the authority cited above, the Grantee has been awarded financial assistance in the form of a grant from the Program. AMBAG has agreed to make the grant for planning and implementation activities pursuant to the Guidelines and this Agreement. By entering into this Agreement and thereby accepting the award of the Program funds, the Grantee agrees to comply with the terms and conditions of the Guidelines, application, as well as this Agreement, subsequent amendments or modifications to this Agreement and the requirements of the authority cited above.

Based on all representations made by the Grantee, AMBAG shall encumber the full amount pursuant to the Guidelines and provide payment upon reimbursement request and subsequent payments in accordance with this agreement. All terms, conditions and other relevant provisions will be subject to amendments as a result of subsequent applications and awards for remaining funds in accordance with this agreement.

3. Definitions
Terms herein shall have the same meaning as defined by the Guidelines and Statute.

4. Scope of Work
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Attachment: REAP 2 LSGP MOU AMENDMENT 1 4H Ext2 (3137 : Regional Early Action Planning Grant (REAP 2.0 Program) Amendment) Grantee shall use the awarded funds in accordance with the approved scope of work as contained in the timeline and budget and related information outlined in the approved application as attached hereto and incorporated herein by this reference, and as set forth in this agreement. The scope of work may be amended in compliance with statutory requirements subject to approval by AMBAG.

5. Monitoring
A. The Grantee shall maintain books, records, documents, and other evidence that demonstrates the funding was used for the appropriate purposes, as described in the Statute, Guidelines, Scope of Work, application, subsequent approved applications and all other pertinent documents. These books, records, documents and other evidence shall be available for audit and inspection by AMBAG at AMBAG’s principal place of business.

B. AMBAG may request additional information, as needed, to demonstrate statutory compliance, satisfaction of program requirements and necessary amendments to this Agreement, including but not limited to reporting or audit requirements, or award amount to the Grantee.

C. AMBAG may monitor expenditures and activities of the Grantee, as AMBAG deems necessary, to ensure compliance with statutory or AMBAG requirements.

D. AMBAG may, as it deems appropriate or necessary, request the repayment of funds from a Grantee or pursue any other remedies available to it by law for failure to comply with Program requirements pursuant to Health and Safety Code section 50515.10 (g).

E. AMBAG’s decision to approve or deny an application or request for funding pursuant to the program, and its determination of the amount of funding to be provided, shall be final pursuant to Health and Safety Code section 50515.10(i).

F. Monitoring provisions may be amended and are subject to additional provisions in accordance with this Agreement or subsequent amendments.

6. AMBAG Contract Coordinator
The Contract Coordinator of this Agreement for AMBAG is Paul Hierling, Senior Planner. Any notice, report, or other communication required by this Agreement shall be submitted under the penalty of perjury by email to [email protected].

Packet Pg. 24
Attachment: REAP 2 LSGP MOU AMENDMENT 1 4H Ext2 (3137 : Regional Early Action Planning Grant (REAP 2.0 Program) Amendment)

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Application for Funds
A. AMBAG is entering into this Agreement on the basis of, and in reliance upon, facts, information, assertions and representations contained in any application or award or any subsequent modifications or additions to such thereto approved by AMBAG.

All awarded applications for funding and any approved modifications and additions thereto are hereby incorporated into this Agreement.

B. The Grantee warrants that all information, facts, assertions and representations contained in any approved application, award or approved modifications and additions thereto are true, correct, and complete to the best of the Grantee’s knowledge. In the event that any part of an application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would affect AMBAG's approval, disbursement, or monitoring of the funding and the grant or activities governed by this Agreement, AMBAG or AMBAG’s designee may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof.

2. Grant and Reimbursement Limit
A. The maximum total amount encumbered to the Grantee pursuant to this Agreement shall not exceed $121,153.75
B. This Agreement authorizes payments and awards up to the total award amount as described in Section 2A of this Exhibit and is subject to AMBAG approval.

C. The Grantee shall submit and follow a schedule for the expenditure of the award prior to disbursement of funds as attached hereto and incorporated hereby this reference. The schedule is subject to AMBAG approval and may be revised as AMBAG deems necessary.

3. Grant Timelines
A. This Agreement is effective upon approval by all parties and AMBAG.

B. All Grant funds must be obligated no later than March 31, 2024 and expended by March 31, 2026 unless the grant recipient receives an extension to the grant expenditure deadline in writing.

Packet Pg. 25
Attachment: REAP 2 LSGP MOU AMENDMENT 1 4H Ext2 (3137 : Regional Early Action Planning Grant (REAP 2.0 Program) Amendment) C. Extensions to the March 31, 2026 grant spending deadline may only be granted by AMBAG to the grantee in writing after September 30, 2025 and only if the grantee has spent at least 60% of their REAP 2.0 grant by September 30, 2025.

D. Final invoices must be submitted to AMBAG by April 15, 2026. Under special circumstances, approved by AMBAG and in accordance with the expenditure deadline, AMBAG may modify the invoice deadline and may provide exception to carry out the terms of this Agreement.

E. It is the responsibility of the Grantee to monitor the progress and timeliness of grant fund obligations, including invoicing and reimbursements within the specified dates.

4. Allowable Uses of Grant Funds
A. AMBAG shall not award or disburse funds unless it determines that the grant funds shall be expended in compliance with the terms and provisions of the Statute and REAP 2.0 Guidelines which includes associated forms and guidelines, approved applications and this Agreement.

B. Grant funds shall only be used by the Grantee for project activities approved by AMBAG that involve planning and implementation activities in accordance with the Statute and REAP 2.0 Guidelines.

C. Grant funds may not be used for administrative costs of persons employed by the Grantee for activities not directly related to eligible activities.

D. A Grantee that receives funds under this Program may use a subcontractor and Grantee shall be accountable to AMBAG to ensure subcontractor’s performance of the subcontract shall comply with all the requirements of the Program. The subcontract shall not relieve the Grantee of its responsibilities under the Program.

E. After the Agreement has been executed by AMBAG and all parties, approved and eligible costs for eligible activities may be reimbursed for the project(s) upon completion of deliverables in accordance with the scope of work and subject to the terms and conditions of this Agreement.

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Attachment: REAP 2 LSGP MOU AMENDMENT 1 4H Ext2 (3137 : Regional Early Action Planning Grant (REAP 2.0 Program) Amendment) REAP 2 .0 TERMS AND CONDITIONS

1. Accounting and Records
A. The Grantee, its employees, contractors, and subcontractors shall establish and maintain an accounting system and reports that properly accumulate incurred project costs by line. The accounting system shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for invoices. Grantees may establish and maintain an accounting system and reports, as described above, on behalf of contractors and subcontractors.

B. The Grantee must establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure details in accordance with the budget and timeline. Separate bank accounts are not required.

C. The Grantee shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing), and financial records of expenditures incurred during the course of the project in accordance with GAAP.

D. The Grantee agreesthat AMBAG or designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of the Agreement.

E. The Grantee agrees to maintain such records for a possible audit after the final payment for at least five years after all funds have been expended or returned to AMBAG unless a longer period of records retention is stipulated. Wherever practicable, such records should be collected, transmitted, and stored in open and machine- readable formats.

F. Contractors and subcontractors employed by the Grantee and paid with moneys under the terms of this Agreement shall be responsible for maintaining accounting records as specified above.

2. Invoicing
A. Grant funds cannot be disbursed until the Agreement has been fully executed.

B. The Grantee will be responsible for compiling and submitting all invoices and Packet Pg. 27
Attachment: REAP 2 LSGP MOU AMENDMENT 1 4H Ext2 (3137 : Regional Early Action Planning Grant (REAP 2.0 Program) Amendment) reporting documents.

C. The Grantee must bill AMBAG based on clear deliverables outlined in the Agreement or budget timeline. Generally, approved and eligible costs incurred for work after execution of the Agreement and completed during the grant term will be reimbursable.

D. The Grantee shall submit to AMBAG on a quarterly basis or upon completion of deliverable, and each requisition for payment (Invoice) shall accompanied by a narrative progress report. Quarters are defined as July 1 to September 30, October 1 to December 31, January 1 to March 31, and April 1 to June 30. Project invoices may be submitted to AMBAG by the Grantee on a quarterly basis or upon completion of a deliverable, subject to AMBAG’s approval.

E. The grantee shall submit an invoice to AMBAG no later than fifteen calendar days (15) after the close of each quarter. Invoices shall describe progress toward completion of tasks, projects, and products, conformance with project schedules and reporting of costs incurred.

F. Year-end Invoices, reports, and supporting documentation submitted in the quarter April 1 to June 30 submitted over fifteen calendar days (15) after the close of the quarter shall not be paid.

G. All invoices must also include supporting documentations including receipts or backup for all expenses for which reimbursement is sought. Supporting documentation may include, but is not limited to, purchase orders, receipts, progress payments, subcontractor invoices, timecards, reports, or any other documentation as deemed necessary by AMBAG to support the reimbursement to the Grantee for expenditures incurred.

H. Payment of Invoices is contingent upon receipt by AMBAG or the above documentation provided by the Grantee. Payment to Grantee is further contingent upon AMBAG’s determination that the performance of the Grantee meets State and AMBAG standards.

I. All Grantee funds must be spent and work completed by March 31, 2026.

J. AMBAG must indicate approval of Grantees invoices before they will be considered complete

3. Audits
Packet Pg. 28
Attachment: REAP 2 LSGP MOU AMENDMENT 1 4H Ext2 (3137 : Regional Early Action Planning Grant (REAP 2.0 Program) Amendment) A. At any time during the term of the Agreement, AMBAG may perform or cause to be performed a financial audit of any and all phases of the award. At AMBAG’s request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. AMBAG has the right to review project documents and conduct audits during project implementation and over the project life.

B. The Grantee agrees that AMBAG or AMBAG’s designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement.

C. The Grantee agreesto provide AMBAG, or AMBAG’s designee, with any relevant information requested.

D. The Grantee agrees to permit AMBAG or AMBAG’s designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with statutes, REAP 2.0 Guidelines, and the Agreement.

E. AMBAG may request additional information, as needed, to meet other applicable audit requirements.

F. AMBAG or AMBAG’s designee may monitor expenditures and activities of a Grantee or its designees, contractors or subcontractors, as AMBAG deems necessary, to ensure compliance with REAP requirements.

G. If there are audit findings, the Grantee must submit a detailed response acceptable to AMBAG or AMBAG’s designee for each audit finding within 90 days from the date of the audit finding report.

H. The Grantee agrees to maintain such records for possible audit after the final payment for at least five years after all funds have been expended or returned to AMBAG unless a longer period of records retention is stipulated. Wherever practicable, such records should be collected, transmitted, and stored in open and machine- readable formats.

I. If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been started before the expiration of the required record retention period, all records must be retained by the Grantee and its designees, contractors, and subcontractors until completion of the action and resolution of all issues which arise from it. In any contract that it enters into in an amount exceeding $10,000, the Packet Pg. 29
Attachment: REAP 2 LSGP MOU AMENDMENT 1 4H Ext2 (3137 : Regional Early Action Planning Grant (REAP 2.0 Program) Amendment) Grantee shall include AMBAG’s right to audit the contractor’s records and interview their employees.

J. The Grantee shall comply with and be aware of the requirements and penalties for violations of fraud and for obstruction of investigation as set forth in California Public Contracts Code Section 10115.10.

4. Remedies and Non-Performance
A. Any dispute concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by AMBAG’s Executive Director, or the Executive Director’s designee, who may consider any written or verbal evidence submitted by the Grantee. The decision of AMBAG’s Executive Director or Designee shall be AMBAG’s final decision regarding the dispute, not subject to appeal.

B. Neither the pendency of a dispute nor its consideration by AMBAG will excuse the Grantee from full and timely performance in accordance with the terms of this Agreement.

C. In the event that it is determined, at the sole discretion of AMBAG, that the Grantee is not meeting the terms and conditions of the Agreement, immediately upon receiving a written notice from AMBAG to stop work, the Grantee shall cease all work under the Agreement. AMBAG has the sole discretion to determine that the Grantee meets the terms and conditions after a stop work order, and to deliver a written notice to the Grantee to resume work under the Agreement.

D. AMBAG has the right to terminate the Agreement at any time upon 30 calendar days written notice. The notice shall specify the reason for early termination and may permit the Grantee or AMBAG to rectify any deficiency(ies) prior to the early termination date. The Grantee will submit any requested documents to AMBAG within 30 calendar days of the early termination notice.

E. The applicant must demonstrate a clear and significant nexusto REAP 2.0 Program goals and objectives and must carry out provisions to meet the Program goals and objectives and other requirements, including, but not limited to, adoption or completion of activities toward policy outcomes and implementation of eligible use activities funded through a suballocation process. Any lack of action or action inconsistent with REAP 2.0 requirements may result in review and could be subject to repayment of the grant.

F. At any time, if AMBAG finds the Grantee included false information in application, as part of the application review, or subsequent amendments, AMBAG may require Packet Pg. 30
Attachment: REAP 2 LSGP MOU AMENDMENT 1 4H Ext2 (3137 : Regional Early Action Planning Grant (REAP 2.0 Program) Amendment) the repayment of funds.

G. Grantees are responsible for suballocations meeting all REAP 2.0 requirements.

H. If a grantee has not spent at least 20% of a REAP 2.0 grant awarded by December 31, 2024 March 31, 2025, that grantee’s funding will may be deobligated and reallocated to another grantee and/or purpose at the discretion of AMBAG’s Executive Director or the Executive Director’s designee.

I. If a grantee has not spent at 60% of a REAP 2.0 grant awarded by September 30, 2025, that grantee’s funding may be deobligated and reallocated to another grantee, and/or purpose at the discretion of AMBAG’s Executive Director or the Executive Director’s designee.

J. Examples of a breach of this Agreement:

1. Grantee’s failure to comply with any term or condition of this Agreement.

2. Use of, or permitting the use of, grant funds provided under this Agreement for any ineligible costs or for any activity not specified and approved under this Agreement.

3. Any failure to comply with the deadlines set forth in this Agreement unless approved by the Program Manager in writing.

K. AMBAG may, as it deems appropriate or necessary, require the repayment of funds from a Grantee, or pursue any other remedies available to it by law for failure to comply with all REAP 2.0 Program requirements or breach of this agreement.

L. In addition to any other remedies that may be available to AMBAG in law or equity for breach of this Agreement, AMBAG may at its discretion, exercise a variety of remedies, including but not limited to:

1. Revoke existing REAP 2.0 award(s) to the Grantee;

2. Require the return of unexpended REAP 2.0 funds disbursed under this Agreement;

3. Require repayment of REAP 2.0 Funds disbursed and expended under this Agreement;

4. Seek a court order for specific performance of the obligation defaulted upon, or the appointment of a receiver to complete the obligations in accordance _______________
___
Packet Pg. 31
Attachment: REAP 2 LSGP MOU AMENDMENT 1 4H Ext2 (3137 : Regional Early Action Planning Grant (REAP 2.0 Program) Amendment) with the REAP 2.0 Program requirements; and

5. Other remedies available at law, by and through this Agreement. All remedies available to AMBAG are cumulative and not exclusive.

6. AMBAG may give written notice to the Grantee to cure the breach or violation within a period of not less than 15 calendar days.

M. The Grantee may be subject to amendment of this section as a result of subsequent applications and awards.

N. AMBAG and the Grantee are fully committed to working with each other throughout the Term of this Agreement and agree to communicate regularly with each other at all times so as to avoid and minimize disputes. AMBAG and the Grantee agree to act in good faith to prevent and resolve potential sources of conflict before they escalate into a question or controversy. AMBAG and the Grantee each commit to resolving such dispute in an amicable, professional, and expeditious manner and agree to use the following procedure for resolving the dispute: (a) either party may give notice to the other of the dispute and will meet within three (3) business days to attempt to resolve the dispute; (b) a meeting or meetings shall be promptly between the representatives of the parties regarding the dispute to attempt in good faith to negotiate a resolution of the dispute; (c) if within thirty (30) days after a dispute has arisen, the parties have not succeeded in negotiating a resolution of the dispute, they agree to submit the dispute to mediation; (d) the mediator shall be jointly selected by the parties, or failing agreement on the selection of a mediator within thirty (30) days after the parties fail to negotiate an informal resolution of any dispute, the mediator shall be a retired judge or justice selected by the supervising judge of the Civil Division of the Monterey County California Superior Court. In any mediation conducted pursuant to this section, the provision of the California Evidence Code section 1152 shall be applicable to limit the admissibility of evidence disclosed by the parties in the course of the mediation; and € if the parties are not successful in resolving the dispute through the mediation, then the parties agree that the dispute shall be submitted to binding arbitration to a single arbitrator in accordance with the existing Rules of Practice of Judicial Arbitration and Mediation Services, Inc. (JAMS) within thirty (30) days of the close of mediation as declared by the mediator.

O. In the event either party brings an action or proceeding for damages arising out of the other's performance under this Agreement or to establish the right or remedy of either party, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs as part of such action or proceeding, whether or not such action or proceeding is prosecuted to judgment. This Agreement shall be construed and interpreted according to California law, and any action to enforce the terms of this Packet Pg. 32
Attachment: REAP 2 LSGP MOU AMENDMENT 1 4H Ext2 (3137 : Regional Early Action Planning Grant (REAP 2.0 Program) Amendment) Agreement or for the breach thereof shall be brought and tried in the County of Monterey.

5. Reporting
A. At any time during the term of the Agreement, AMBAG may request a performance report that demonstrates satisfaction of all requirements identified in the Agreement with emphasis on eligible activities, eligible uses, and expenditures according to timelines and budgets referenced in the Agreement.

B. Reports shall include the following information:

1. The status of the Proposed Uses and expenditures listed in the Grantee’s applications for funding and progress of each proposed use toward all the objectives of the REAP 2.0 program as provided in the Guidelines and explained in the applications.

2. An explanation and quantification, where appropriate, of the progress achieved toward all of the objectives of the REAP 2.0 program, barriers and solutions for each Proposed Use that is consistent with and incorporates the metrics in the full application, including, but not limited to:
i. Housing units accelerated,
ii. Reductions in Vehicle Miles Traveled Per Capita,
iii. Location of investment,
iv. Socioeconomic statistics about the impacted geography, and v. Regional impact explanation
The report must identify whether proposed uses overlap with other programs that share the same objectives as REAP 2.0. The Grantee should also identify any measurement challenges that persist and highlight any administrative barriers that prevent it from obtaining the information it needs to perform better analysis of progress made achieving REAP 2.0 Objectives and make adjustments to the extent possible in subsequent reporting years.

C. Upon completion of all deliverables within the Agreement, the Grantee shall submit a close out report in a manner and form prescribed by AMBAG.

6. Indemnification
Neither AMBAG nor any officer, employee or designee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted by the Grantee, its officers, Packet Pg. 33
Attachment: REAP 2 LSGP MOU AMENDMENT 1 4H Ext2 (3137 : Regional Early Action Planning Grant (REAP 2.0 Program) Amendment) employees, agents, its contractors, its sub-recipients or its subcontractors under or in connection with any work, authority or jurisdiction conferred upon the Grantee under this Agreement, Guidelines or Statute. It is understood and agreed that the Grantee shall fully defend, indemnify and save harmless AMBAG and all of AMBAG’s staff from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by the Grantee, its officers, employees, agents, contractors, sub-recipients, or subcontractors under this Agreement, Guidelines or Statute.

7. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of AMBAG to enforce at any time the provisions of this Agreement, orto require at any time, performance by the Grantee ofthese provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of AMBAG to enforce these provisions.

8. Relationship of Parties
It is expressly understood that this Agreement is an agreement executed by and between two independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.

9. Third Party Contracts
A. All REAP 2.0 related funded procurements must be conducted using a fair and competitive procurement process. The Grantee may use its own procurement procedures as long as the procedures comply with all City/County laws, rules and ordinances governing procurement, and all applicable provisions of California state law.

B. Any contract entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement and shall be applicable to the Grantee’s subrecipients, contractors, and subcontractors. Copies of all agreements with subrecipients, contractors, and subcontractors shall be submitted to AMBAG’s program manager.

C. AMBAG does not have a contractual relationship with the Grantee’s subrecipients, contractors, or subcontractors, and the Grantee shall be fully Packet Pg. 34
Attachment: REAP 2 LSGP MOU AMENDMENT 1 4H Ext2 (3137 : Regional Early Action Planning Grant (REAP 2.0 Program) Amendment) responsible for monitoring and enforcement of those agreements and all work performed thereunder.

10. Compliance with State and Federal Laws, Rules, Guidelines and Regulations A. The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the grant, the Grantee, its contractors or subcontractors, and any other grant activity.

B. During the performance of this Agreement, the Grantee assures that no otherwise qualified person shall be excluded from participation or employment, denied program benefits, or be subjected to discrimination based on race, color, ancestry, national origin, sex, gender, gender identity, gender expression, genetic information, age, disability, handicap, familial status, religion, or belief, under any program or activity funded by this contract, as required by Title VI of the Civil Rights Act of 1964, the Fair Housing Act (42 USC 3601-20) and all implementing regulations, and the Age Discrimination Act of 1975 and all implementing regulations.

C. The Grantee shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under the REAP 2.0 Program.

D. The Grantee shall, in the course of performing project work, fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) E. The Grantee shall adopt and implement affirmative processes and procedures that provide information, outreach and promotion of opportunities in the REAP project to encourage participation of all persons regardless of race, color, national origin, sex, religion, familial status, or disability. This includes, but is not limited to, a minority outreach program to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, as required by 24 CFR 92.351.

11. Litigation
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a Packet Pg. 35
Attachment: REAP 2 LSGP MOU AMENDMENT 1 4H Ext2 (3137 : Regional Early Action Planning Grant (REAP 2.0 Program) Amendment) court of competent jurisdiction, such invalidity, at the sole discretion of AMBAG, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable.

B. The Grantee shall notify AMBAG immediately of any claim or legal action undertaken by or against it, which affects or may affect this Agreement or AMBAG, and shall take such action with respect to the claim or legal action consistent with the terms of this Agreement and the interests of AMBAG.

12. Changes in Terms/Amendments
A. The Grantee may be subject to amendments to this section as a result of subsequent applications and awards.

B. This Agreement may only be amended or modified by mutual written agreement of both parties.

13. State-Owned Data
A. Definitions

1. Work:

The work to be directly or indirectly produced by the Grantee, its employees, or by and of the Grantee’s contractor’s, subcontractor’s and/or sub-recipient’s employees under this Agreement.

2. Work Product:

All deliverables created or produced from Work under this Agreement including, but not limited to, all Work and deliverables conceived or made or, hereafter conceived or made, either solely or jointly with others during the term of this Agreement and during a period of six months after the termination thereof, which relates to the Work commissioned or performed under this Agreement, are considered Work Product. Work Product includes all deliverables, inventions, innovations, improvements, or other works of authorship Grantee and/or Grantee’s contractor subcontractor and/or sub-recipient may conceive of or develop in the course of this Agreement, whether or not they are eligible for patent, copyright, trademark, trade secret or other legal protection.

B. Sharing of Work Product and Rights
Packet Pg. 36
Attachment: REAP 2 LSGP MOU AMENDMENT 1 4H Ext2 (3137 : Regional Early Action Planning Grant (REAP 2.0 Program) Amendment) 11/7/2023
AMENDMENT 1 SIGNATURES:

Date: ______________________
Maura F. Twomey
Executive Director
Association of Monterey Bay Area Governments
_________________________________________
__________________________________________
Date: ________________________
Carmen Gil
City Manager
City of Gonzales
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Attachment: REAP 2 LSGP MOU AMENDMENT 1 4H Ext2 (3137 : Regional Early Action Planning Grant (REAP 2.0 Program) Amendment) AGENDA
ITEM
___ RESOLUTION NO. 2024-64

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES RECOGNIZING SENATOR ANNA M. CABALLERO’S DEDICATION AND

SERVICE TO THE COMMUNITY OF GONZALES
WHEREAS, Senator Anna M. Caballero was born to a family of copper miners from Arizona and has dedicated her life to empowering working families and to create opportunities for them and their children to become successful. While in the Assembly, she received numerous awards for her work in youth violence prevention, protection of local government, support for public school construction, and water reliability and sustainability; and WHEREAS, a graduate of UCLA Law School and UC San Diego, Senator Anna M.

Caballero has dedicated her professional life to families in rural California. She first put her legal acumen to work representing farm workers as an attorney for California Rural Legal Assistance. Dedicated to representing working families at a price they could afford, Caballero and two colleagues formed the law firm of Caballero, Matcham and McCarthy, opening offices in Salinas and Hollister. The firm received numerous awards for excellence during its 25-year history, and Ms. Caballero personally received the Salinas Valley Chamber of Commerce’s most distinguished award, the Athena, for Entrepreneurial Excellence and Commitment to the Community; and
WHEREAS, prior to her election to the Assembly, Senator Anna M. Caballero established a non-profit organization dedicated to youth violence prevention. Partners for Peace (PFP) helped parents and youth develop stronger family bonds and encourage healthy behavior. PFP focused on supporting literacy, after school activities, early childhood development, youth employment and high school dropout prevention strategies in partnership with other organizations; and
WHEREAS, Senator Anna M. Caballero is a woman of firsts. She was the first female Mayor elected in the 126-year history of the City of Salinas and the first Latina elected to represent the 28th Assembly District in 2006. In 2011, Governor Edmund G. Brown hired Senator Caballero to serve as a member of his cabinet as the Secretary of the Business, Consumer Services and Housing Agency. Her mission mirrored her 34-year career fighting for working families; and
WHEREAS, Senator Anna M. Caballero has authored key pieces of legislation like the Middle Class Housing Act (SB 6), to help families achieve the dream of home ownership, legislation that ensures locally grown, quality produce for California students (SB 490), and the Distressed Hospital Loan Program (SB/AB 112), to keep struggling hospitals from closing their doors. Senator Caballero is also the proud author of comprehensive legislation to combat climate change and extreme heat (SB 306) and the capture, removal storage and utilization of carbon (SB 905). Her strong advocacy of reproductive rights led to the creation of a support fund (SB 1142), to expand access to care during this particularly critical time in history. In 2023, Senator Caballero was instrumental in securing over half a billion dollars in direct funding to support veterans, flood victims, institutions for higher education, agricultural modernization and district-specific infrastructure projects; and Packet Pg. 38
Attachment: Resolution No. 2024-64 (3139 : Resolution No. 2024-64 Recognizing Senator Anna M. Caballero) 7 WHEREAS, Senator Anna M. Caballero has been a strong supporter of the Community of Gonzales and especially its youth, helping them attain $5 million dollars for their Teen Innovation Center in 2021.

NOW THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Gonzales hereby expresses extreme gratitude for the dedication and service to the community that Mrs. Anna M. Caballero has shown the residents of Gonzales over her legendary tenure.

PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting held on the 4
th day of November, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Jose L. Rios, The Honorable Mayor
ATTEST:

Mary Villegas, Deputy City Clerk
Packet Pg. 39
Attachment: Resolution No. 2024-64 (3139 : Resolution No. 2024-64 Recognizing Senator Anna M. Caballero) City of Gonzales

PUBLIC WORKS / CITY ENGINEER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: November 4, 2024
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, City Manager
SUBJECT: Resolution No. 2024-65 Agreement with Earth Systems for Industrial Wastewater Soil and Groundwater Sampling Analysis

RECOMMENDATION
Staff recommends that the City Council Adopt Resolution No. 2024-65, A Resolution of the City Council of the City of Gonzales Authorizing Execution of a Professional Services Agreement with Earth Systems for Soil and Groundwater Sampling and Related Laboratory Analysis for the Industrial Wastewater Treatment Facility in the Amount of $55,000.

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 through the following construction contracts:
• IW Pipeline contract
• IW Treatment Facility contract
The CEQA-Plus EIR for the IW System was approved at the September 20, 2022 City Council meeting.

The EIR includes a Mitigation Monitoring and Reporting Program that must be complied with prior to and during construction of the IW Pipeline and IW Treatment Facility. The Mitigation and Monitoring Program includes the following subsurface investigation that must be performed prior to construction:
• MM-HAZ-1: Subsurface Investigation - Prior to construction, a subsurface investigation shall be performed to determine if there are impacts to soil, soil vapor, and groundwater at the project site and if the potential impacts would result in human health risks. Soils will be sampled and analyzed for pesticide- and herbicide-related contaminants. In addition, soils, groundwater, and AGENDA
ITEM
8 Packet Pg. 40
soil vapor will be sampled and analyzed for contaminants of concern associated with the upgradient junkyard, including but not limited to petroleum hydrocarbons and volatile organic compounds. In accordance with City of Gonzales Plan HS 5.1.6, the results of the investigation will be submitted to the City of Gonzales as part of the project plan review, along with measures necessary to mitigate any environmental hazards to a less-than-significant level. Recommended mitigation shall be implemented prior to construction and operation of the proposed project.

Dudek (Design Consultant) is finalizing the construction documents for the IW Treatment Facility (IWTF) and the project’s CEQA-Plus EIR requires that MM-HAZ-01 (above mentioned subsurface investigation) be completed prior to construction of the IWTF.

REVIEW & ANALYSIS
On September 3, 2024, staff issued a Request for Proposals to consultants for Soil and Groundwater Sampling for the Industrial Wastewater Treatment Facility. On October 25, 2024, proposals were received from the following two firms.

1. Earth Systems, Salinas CA

2. Pacific Crest Engineering, Watsonville CA
The scope of work includes:
• Obtain Subsurface Soil Samples. The soil samples will be tested for petroleum hydrocarbons (gasoline, diesel and oil) and any soil vapors.
• Perform Groundwater sampling. The laboratory analysis for the groundwater samples includes testing for total petroleum hydrocarbons such as gasoline, diesel, oil and volatile organic compounds.
• Summarize the details on the sampling and laboratory results in a report. The report will be provided to the County of Monterey Environmental Health Department as necessary.

Both proposals provided all the services outlined in the City’s RFP. Earth Systems fee estimate was lower than Pacific Crest Engineering estimated fee. Staff recommends that Earth Systems be selected for this work based on their detailed scope of work, lower estimated fee and an expected timeframe of six weeks to complete the work.

Earth Systems’ estimated fee is $49,100 and staff recommends adding a contingency budget of $5,100 for unforeseen changes for a total authorization of $55,000.

Therefore, staff recommends that the City Council Adopt Resolution No. 2024-65 approving the execution of a Consulting Services Agreement with Earth Systems to provide Soil and Groundwater Sampling for the Industrial Wastewater Treatment Facility in the amount of $55,000.

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

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

ALTERNATIVES
• Amend or modify staff’s recommendation.
• Seek additional proposals.

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

CONCLUSION
Staff recommends that the City Council Adopt Resolution No. 2024-65, A Resolution of the City Council of the City of Gonzales Authorizing Execution of a Professional Services Agreement with Earth Systems for Soil and Groundwater Sampling and Related Laboratory Analysis for the Industrial Wastewater Treatment Facility in the Amount of $55,000.

Attachments:

1. Resolution- No. 2024-65

2. Agreement with Earth Systems for Soil and Groundwater Sampling for the IWTF Packet Pg. 42

RESOLUTION NO. 2024-65

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH

EARTH SYSTEMS FOR SOIL AND GROUNDWATER SAMPLING AND RELATED

LABORATORY ANALYSIS FOR THE INDUSTRIAL WASTEWATER TREATMENT FACILITY IN THE AMOUNT OF $55,000
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, an 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 EIR included a Mitigation Monitoring and Reporting Program that must be complied with prior to and during construction of the IW Pipeline and IW Treatment Facility; and
WHEREAS, The EIR Mitigation and Monitoring Program includes a subsurface investigation that must be performed prior to construction to determine if there are any impacts to soil, soil vapor, and groundwater at the project site; and WHEREAS, Dudek, the Design Consultant, is finalizing the construction documents for the IW Treatment Facility (IWTF) and the subsurface investigation must be performed prior to construction; and
WHEREAS, On September 3, 2024, staff issued a Request for Proposals to consultants for the Soil and Groundwater Sampling for the IWTF and on October 25, 2024 staff received proposals from two firms (Earth Systems and Pacific Crest Engineering); and WHEREAS, Staff recommends that Earth Systems be selected for this contract based on their detailed scope of work, lower estimated fee and an expected timeframe of six weeks to complete the work; and
NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Gonzales that the Council authorizes execution of a Professional Services Agreement with Earth Systems to perform the Soil and Groundwater Sampling and related Laboratory Analysis for the Industrial Wastewater Treatment Facility in the amount of $55,000 which includes a contingency budget of $5,900.

Packet Pg. 43
Attachment: Resolution- No. 2024-65 (3135 : Resolution No. 2024-65 Agreement with Earth Systems for IW Soil and Groundwater Sampling)

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 4
th day of November 2024, by the following vote:

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. 44
Attachment: Resolution- No. 2024-65 (3135 : Resolution No. 2024-65 Agreement with Earth Systems for IW Soil and Groundwater Sampling) Consulting Services Agreement between November 4, 2024
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CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF GONZALES

AND EARTH SYSTEMS FOR SOIL SAMPLING AND GROUNDWATER SAMPLING FOR THE

INDUSTRIAL WASTEWATER TREATMENT FACILITY
THIS AGREEMENT for consulting services is made by and between the City of Gonzales ("City") and Earth Systems ("Consultant") (together sometimes referred to as the "Parties") as of November 4, 2024 (the "Effective Date").

Section 1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2026, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8.

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

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. All work performed under this Agreement shall be authorized in advance and in writing by a specific Task Order prior to the commencement of services. Each Task Order shall describe the nature of the specific task or service to be performed by the Consultant, the estimated number of hours within which such task or service must be completed and the compensation for such task or service. Details shall include a description of the task or service which Consultant shall perform, the format and schedule for deliverables, the schedule of performance, and the schedule of compensation. Consultant shall not perform any task or service unless authorized by a fully executed Task Order. Consultant shall advise city staff in writing of any anticipated change in any task or service, fee or time schedule, and shall obtain city staff’s written consent to the change prior to making any changes.

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

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Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $55,000 notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

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

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
 Serial identifications of invoices; i.e., Progress Bill No. 1 for the first invoice, etc.;  The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
 For each work item under each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
 The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
 Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.

2.2 Monthly Payment. City shall make payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have Packet Pg. 46
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30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 <<Not Used>>

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

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

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

2.6 Reimbursable Expenses. Any reimbursable expenses are included in the authorized contract amount and shall be approved by city staff in advance.

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

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

2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Section 3. FACILITIES AND EQUIPMENT. Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement.

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of Packet Pg. 47
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this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City.

Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

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

4.2 Commercial General and Automobile Liability Insurance.

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

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

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:

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a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.
c. For any claims related to this Agreement or the work hereunder, the Consultant's insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.

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

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d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.

4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy.

4.4 All Policies Requirements.

4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e., limit that is eroded by the cost of defense).

4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.

The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.

4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each Packet Pg. 50
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subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach:
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
 Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, defend with counsel acceptable to City, indemnify, and hold City, its officers, employees, agents, and volunteers, harmless from and against any and all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, ("Claims"). Consultant will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly ("Liability"). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City.

With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the Indemnitees.

Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System Packet Pg. 51
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(PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant's Failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

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

Section 8. TERMINATION AND MODIFICATION.

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

Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

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

8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.

Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.

8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following:

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8.6.1 Immediately terminate the Agreement;

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

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

8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.

9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

Section 10 MISCELLANEOUS PROVISIONS.

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

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Monterey or in the United States District Court for the Northern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant.

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Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.9 Contract Administration. This Agreement shall be administered by the City’s Public Works Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

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

Nathan Stoopes, Senior Vice President
Earth Systems
1514 Moffett Street, Suite A
Salinas, CA 93905
[email protected] .

Any written notice to City shall be sent to:

Mary Villegas, Administrative Specialist/Deputy City Clerk City of Gonzales
P.O. Box 647
Gonzales, CA 93926
[email protected]

10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

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

Exhibit A Earth System’s Proposal
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10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.14 Non-Responsibility for General Contractor Responsibilities and Duties. Unless otherwise agreed by City and Consultant in writing, nothing in Consultant's services shall be construed to mean that Consultant assumes any of the contractual responsibilities or duties of the general contractor. The general contractor is solely responsible for construction means, methods, sequences and procedures used in the construction of a project and for related performance in accordance with its contract with the City. The general contractor shall not be relieved of its responsibility for the safety of the workplace or for the method or manner of construction. The Consultant and its personnel have no authority to exercise any control over or charge of acts or omissions of the general contractor or their employees in connection with the construction work.

The Parties have executed this Agreement as of the Effective Date.

CITY OF GONZALES EARTH SYSTEMS
Carmen Gil, City Manager Nathan Stoopes, Senior Vice President Attest:

Mary Villegas, Deputy City Clerk
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Attachment: Agreement with Earth Systems for Soil and Groundwater Sampling for the IWTF (3135 : Resolution No. 2024-65 Agreement with

EXHIBIT A
EARTHSYSTEM’SPROPOSAL
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Attachment: Agreement with Earth Systems for Soil and Groundwater Sampling for the IWTF (3135 : Resolution No. 2024-65 Agreement with BERMUDA DUNES | FREMONT | HOLLISTER | PALMDALE | PASADENA | PERRIS | SALINAS | SAN LUIS OBISPO | SANTA BARBARA | SANTA MARIA | VENTURA

EARTH SYSTEMS
1514 Moffett Street, Suite A | Salinas, CA 95023 | (831) 240-4624 | www.earthsystems.com October 2, 2024 Proposal No.: SAL-24-10-004
(Revised October 25, 2024)
City of Gonzales
c/o MNS Engineers
Attn: Megan Panofsky, PE, CCM
811 El Capitan Way, Suite 130
San Luis Obispo, CA 93401
PROJECT: INDUSTRIAL WASTEWATER CONVEYANCE AND TREATMENT FACILITY PROJECT

CITY OF GONZALES WWTP

GONZALES, CALIFORNIA
SUBJECT: Revised Proposal for Soil Sampling, Soil Vapor and Groundwater Sampling, and Laboratory Analyses
REFS: Sampling and Analysis Work Plan: IW Conveyance and Treatment Facility Project, City of Gonzales, prepared by Dudek, dated July 2024.

Dear Ms. Panofsky:

Earth Systems Pacific (Earth Systems) is pleased to present this revised proposal to perform soil sampling, soil vapor and groundwater sampling for the planned industrial wastewater treatment facility (IWTF) in Gonzales, California. The facility would be constructed on approximately 54 acres of land located adjacent to the existing municipal wastewater treatment plant. The area of the proposed development is currently agriculture and is also bordered by a junkyard. Testing and laboratory analyses of soil, groundwater and soil gas was identified in the California Environmental Quality Act (CEQA) documents as a mitigation measure of potential impact to the project from the identified former use of the property and adjacent property use.

A Sampling and Analysis Work Plan - IW Conveyance and Treatment Facility Project, dated July 2024, was prepared by Dudek for the City of Gonzales. The Work Plan specifies the sampling and analysis work to address the mitigation measure. Contaminants of concern include organochlorinated pesticides and arsenic in the agricultural areas, and Total Petroleum Hydrocarbons (TPH) in the gas, diesel and oil range, and volatile organic compounds (VOC’s) in soil, groundwater and soil vapor in the area of the adjacent junkyard.

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Attachment: Agreement with Earth Systems for Soil and Groundwater Sampling for the IWTF (3135 : Resolution No. 2024-65 Agreement with City of Gonzales IWTP, Gonzales October 2, 2024
(Revised October 25, 2024)
Doc. No.: 2410-008.PRP.REV1/mg 2 Proposal No.: SAL-24-10-004

SCOPE OF SERVICES
The following is our proposed work to sample and test soils, groundwater and soil vapor at the site.

Soil Sampling
For OCP and arsenic samples, subsurface soil samples will be collected by boring to the desired sample depth (up to 1 foot bgs) using a hand auger or clean trowel. Discrete samples will be collected within each area at a rate of approximately 1 sample per acre. Discrete samples will be composited within similar areas at a rate of 5 samples per composite; as such, each composite will represent approximately 5 acres, varying between 5 and 7 acres. Soil from the desired sample depth will be transferred from the bucket of the auger or trowel to a clean bowl or resealable bag to composite with other discrete samples. The composite will be mixed thoroughly to ensure homogenization, then transferred to a laboratory-supplied sample container. Nine (9) composite soil samples are proposed.

In addition, soil samples from each of the three soil borings advanced along the southeastern portion of the site will be collected using direct-push methodology and acetate sleeves. Samples for analyses will be collected from near the soil/water interface.

Laboratory Analysis
The 9 composite soil samples will be tested for OCP’s by EPA 8081 and Arsenic by EPA 6010.

The three soil samples collected will be tested for total petroleum hydrocarbons (TPH) as gasoline, diesel and oil using EPA Methods 8015Bm/8021B, and volatile organic compounds (VOCs) using EPA Method 8260D.

Groundwater Sampling
Earth Systems will advance three exploratory borings along the southern portion of the site adjacent to the junkyard to collect a groundwater sample from each boring. It is anticipated that groundwater at the site is present at an approximate depth of 30 feet. A boring will be advanced approximately 4 feet below the groundwater table and a check-valve apparatus connected to a tube would be used to bring groundwater to the surface for sample collection in volatile organic analysis (VOA) vials supplied by the analytical laboratory and one-liter amber bottles. The sample bottles will be placed on ice for transport to the analytical laboratory under Chain of Custody control.

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Attachment: Agreement with Earth Systems for Soil and Groundwater Sampling for the IWTF (3135 : Resolution No. 2024-65 Agreement with City of Gonzales IWTP, Gonzales October 2, 2024
(Revised October 25, 2024)
Doc. No.: 2410-008.PRP.REV1/mg 3 Proposal No.: SAL-24-10-004 Laboratory Analysis
The groundwater sample will be tested for total petroleum hydrocarbons (TPH) as gasoline, diesel and oil using EPA Methods 8015Bm/8021B, and volatile organic compounds (VOCs) using EPA Method 8260D.

Soil Gas Sampling and Testing
Earth Systems will install three temporary soil gas probes on the property to further evaluate the extent of volatile organic compounds in soil gas at the site. Soil vapor samples will be collected from each location at both 5 feet bgs and at the maximum depth of unsaturated soil (approximately 15 feet bgs). Saturated soil conditions will be observed during advancement of the groundwater borings. The soil gas probes will be installed by a State-licensed drilling contractor specializing in direct-push methods. The probes will be installed to depths of approximately 5 feet and 15 feet into native soil. A 1-foot thick screen of filter sand will be placed in the annular space around the probe, extending six inches above and below the sample inlet.

The remainder of the boring will be backfilled and sealed with hydrated bentonite grains, with a small diameter Teflon tube extending above the ground surface for access during subsequent sampling. Soil gas samples will be collected a minimum of 2 hours after placement of the hydrated bentonite seal.

Gas samples will be collected in general accordance with the California Department of Toxic Substances Control (DTSC) Advisory for Active Soil Gas Investigations, dated July 2015. Prior to sampling, each sample point will be purged using a dedicated SUMA canister (purge canister).

Following purging, a single soil-gas sample will be collected from each sampling point using a dedicated SUMA canister. Following collection of soil-gas samples, each sample probe will be cored out and backfilled with grout.

Laboratory Analysis
Soil-gas samples will be transmitted under chain-of-custody control to McCampbell Analytical, Inc., a State-certified laboratory, for analytical laboratory testing. Samples will be tested for volatile organic compounds (VOCs) (including the IPA tracer) using EPA Method TO-15.

Personnel assigned to the project shall have received HAZWOPER safety and operations training.

Field personnel will use proper sample handling procedures to ensure sample validity. Chain-ofcustody records will be completed to document sample collection, handling and analytical requests. All samples will be kept iced or refrigerated from the time of collection to the time of testing.

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Attachment: Agreement with Earth Systems for Soil and Groundwater Sampling for the IWTF (3135 : Resolution No. 2024-65 Agreement with City of Gonzales IWTP, Gonzales October 2, 2024
(Revised October 25, 2024)
Doc. No.: 2410-008.PRP.REV1/mg 4 Proposal No.: SAL-24-10-004 Report Preparation
The work plan and permit application will be submitted to Monterey County Environmental Health Department for approval before work begins. Once laboratory results are available a report will be prepared describing the work performed with a discussion of our findings and evaluation of the extent of the soil, groundwater and soil vapor impacts on the site. The report will include a summary of field activities, analytical results compared to screening levels, a sample location map, and the laboratory results, as well as a discussion of findings and recommendations.

Any other services not specifically noted in the preceding paragraphs are beyond the scope of the proposed work. Supplemental services such as, but not limited to, soil management plan, and cleanup activities would be performed either on a time and materials basis according to our fee schedule in force at the time the work was performed or based on a supplemental change order outlining additional services to be provided and authorizing the additional work.

FEES
We propose to perform the Phase II work described above on a Time and Materials Basis. Our estimated fee for Site visit/USA, Project Coordination, Permitting, Subsurface Exploration and Sampling, Laboratory Testing and Report Preparation is $49,100.00.

SCHEDULE AND CONDITIONS
It is anticipated that permitting, scheduling field work, and coordinating drilling subcontractors can be accomplished within two weeks of receiving notice to proceed. Laboratory testing will be available approximately 10 business days after sampling. It is also anticipated that the report will be available within approximately 15 working days after completion of laboratory testing.

Preliminary information can be provided to the client and design professionals as soon as it is available. Coordinating permission for site access is the responsibility of the client.

Earth Systems will contact underground service alert (USA) as part of the scope. The accurate location of underground utilities lies with the client, and Earth Systems shall not be held responsible for damage resulting from the incomplete or inaccurate identification of underground utilities.

If you wish Earth Systems to provide the services as outlined herein, please sign and return the attached work order as our authorization to proceed.

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Attachment: Agreement with Earth Systems for Soil and Groundwater Sampling for the IWTF (3135 : Resolution No. 2024-65 Agreement with City of Gonzales IWTP, Gonzales October 2, 2024
(Revised October 25, 2024)
Doc. No.: 2410-008.PRP.REV1/mg 5 Proposal No.: SAL-24-10-004 Thank you for considering Earth systems for this project. If you have any questions or require additional information, please contact our office.

Sincerely,
Earth Systems Pacific
Nathan Stoopes, PG John Feltman, CEG
Senior VP, Managing Principal Senior Project Geologist
Attachments: Work Order
Terms of Service
July, 2024 Fee Schedule
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FEE SCHEDULE
(Effective July 1, 2024)
This schedule presents rates for professional and technical services in the fields of geotechnical engineering, engineering geology, environmental consulting, construction observation and testing, and special inspection. Listed are charges for services most frequently performed by Earth Systems. Additional services not listed are available and can be discussed upon request; fixed-fee quotes for some services can also be provided upon request. To discuss a scope of work and fees for a specific project, please contact our office.

PERSONNEL Hourly Rate
Principal Professional.............................................................................................................................................$270.00 Associate Professional .......................................................................................................................................... $240.00 Senior Professional ............................................................................................................................................... $220.00 Project Professional ............................................................................................................................................... $180.00 Staff Professional...................................................................................................................................................$155.00 CWI & Special Inspector, Prevailing Wage*.......................................................................................................... $153.00 Technician, Prevailing Wage* ............................................................................................................................... $148.00 Special Services/Caltrans Technician, Prevailing Wage* .......................................................................................$148.00 Special Services Technician.................................................................................................................................... $130.00 CWI Inspector ........................................................................................................................................................ $130.00 Special Inspector.................................................................................................................................................... $130.00 Technical Assistant.................................................................................................................................................$110.00 Technician.............................................................................................................................................................. $115.00 Clerical/Administrative ..........................................................................................................................................$110.00 * Technician/Inspector Classifications as defined by the State of California Department of Industrial Relations.

BASIS OF CHARGES, GENERAL

1. Field services for regular work days for non- Prevailing Wage projects are subject to a 2-hour minimum charge, and billed in 2-hour increments.

2. Work performed on Saturdays, night work, and for premium hours (before 7 a.m., after 5 p.m. or more than 8 hours in one day) for personnel are at time and one-half; Sundays and holidays are at double time. Work performed on weekends, holidays, and when work starts outside of regular business hours is subject to a 4-hour minimum charge.

3. A 2-hour cancellation charge applies if scheduled inspection or testing is cancelled after 4 p.m. the day prior to the scheduled work.

4. Mileage is invoiced at a rate of $0.95/mile (portal-to-portal).

5. Nuclear density gauge charge: $15.00/hour.

6. Weekly special inspection report charge: $110.00

7. Subcontracted services, materials, rental equipment, out of town travel, and expenses are charged at cost plus 20 percent. Fixed per diem rates for specific projects can be provided upon request.

8. Report copies: $30.00 each (minimum). Posting of electronic documents to project websites will be charged at clerical/administrative services rate.

9. Invoices are payable upon presentation. Invoices thirty days past due are subject to a service charge of one and onehalf percent per month. Payments using a credit card will be assigned a 3% surcharge.

10. Rates are effective through December 31, 2024.

PREVAILING WAGE PROJECTS

1. Field services for regular work days for Prevailing Wage projects are subject to a 4-hour minimum charge, and billed in 4-hour increments.

2. The prevailing wage (PW) rates presented herein are based on current rates established by the Department of Industrial Relations (DIR). If, during the course of the project, prevailing wage rates are increased by DIR, rates are subject to adjustment. Also, please note requirements concerning overtime, shift work, travel time, holidays, and other factors can vary for different classifications of work under prevailing wage regulations.

3. Projects where State regulations require electronic submittal of Certified Payroll to DIR for prevailing wage will be assessed a fee of $110.00/week. Additional time required to address specific requests related to DIR/Labor Compliance will be charged at the clerical/administrative services rates.

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FEE SCHEDULE - MATERIALS TESTING
(Effective July 1, 2024)

BASIS OF CHARGES
Rates for field work such as materials sampling, construction inspection, and field evaluation will be in accordance with the Personnel Rates listed in the basic Fee Schedule. The below listed rates apply to standard ASTM test methods. An additional hourly charge ($115.00/hr.) will be applied for cutting, capping, or other preparation of non-standard samples and, where noted, for steel samples.

SOILS
All prices are based on California and Modified California sample sizes (2” – 2.5” diameter) unless noted otherwise.

Preparation of 3” diameter samples add $20.00. Testing of contaminated soil will be per quote. Samples will be returned to sender for proper disposal.

Atterberg Limits: Liquid Limit or Plastic Limit................................................................................................................ $125.00 Atterberg Limits: Plasticity Index .................................................................................................................................. $260.00 California Bearing Ratio, 3 points; incl. ref maximum density ...................................................................................... $650.00 California Bearing Ratio, 9 points; incl. ref maximum density ...................................................................................... $945.00 Consolidation, one dimensional.................................................................................................................................... $225.00 Consolidation, timed, per point .................................................................................................................................... $100.00 Basic Corrosivity w/out Rpt (pH, Sulfate, Chl., Resistivity) ........................................................................................ Per Quote Direct Shear, 3 points minimum.................................................................................................................................... $315.00 Expansion Index Test..................................................................................................................................................... $205.00 Maximum Density and Optimum Moisture: 4” Mold ................................................................................................... $300.00 Maximum Density and Optimum Moisture: 6” Mold ................................................................................................... $340.00 Maximum Density and Optimum Moisture: California Impact..................................................................................... $305.00 Moisture and Unit Weight Determination, from Ring Samples...................................................................................... $45.00 Moisture Only.................................................................................................................................................................. $40.00 Permeability Tests, constant head or falling head .................................................................................................... Per Quote R-Value .......................................................................................................................................................................... $325.00 R-Value, CA State Hwy/set of 3, Cement, Lime, Other addts ........................................................................................ $375.00 Hydro Collapse Potential............................................................................................................................................... $165.00 Sieve/Hydrometer Anlys, assumed specific grvty, w/200 wash.................................................................................... $250.00 Sieve Analysis, Aggregate Base/Subbase ...................................................................................................................... $155.00 Sieve Analysis 200 wash only .............................................................................................................................................$140 Sieve Analysis with wash....................................................................................................................................................$165 Sieve Analysis, Oversize Material .................................................................................................................................. $215.00 Specific Gravity.............................................................................................................................................................. $150.00 Swell Test, undisturbed................................................................................................................................................. $205.00 Swell Test, remolded..................................................................................................................................................... $230.00 Unconfined Compressive Strength, untreated.............................................................................................................. $150.00 Unconfined Compressive Strength, lime or cement treated mtrl................................................................................. $490.00

THERMAL RESISTIVITY TESTS
Concrete, 1 pt w/moisture content (req spcl collection proc).................................................................................. Per Quote Field Testing using Thermal Resistivity Meter........................................................................................................... Per Quote Soil, per moisture point, per sample......................................................................................................................... Per Quote Soil, 3 moisture points with dry‐out curve, per sample ............................................................................................ Per Quote

CONCRETE AGGREGATE
Abrasion, L.A. Rattler, 100 and 500 revolutions, ASTM C131 (Small Size Aggregate)................................................... $300.00 Abrasion, L.A. Rattler, 100 and 500 Revolutions, ASTM C535 (Large Size Aggregate) ..................................................$560.00 Absorption, Coarse Aggregate ...................................................................................................................................... $100.00 Absorption, Fine Aggregate........................................................................................................................................... $150.00 Clay Lumps and Friable Particles in Aggregate.............................................................................................................. $125.00 Cleanness Value of Coarse Aggregate ........................................................................................................................... $175.00 Crushed Particles, each size .......................................................................................................................................... $150.00 Packet Pg. 65
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FEE SCHEDULE - MATERIALS TESTING
(Effective July 1, 2024)
CONCRETE AGGREGATE (Cont.)
Durability Index, Coarse or Fine Aggregate................................................................................................................... $200.00 Flat and Elongated Particles in Aggregate..................................................................................................................... $125.00 Organic Impurities in Fine Aggregate............................................................................................................................ $100.00 Potential Reactivity of Aggr by Chemical Method, ea size........................................................................................ Per Quote Sand Equivalent............................................................................................................................................................. $170.00 Sieve Analysis, washed.................................................................................................................................................. $200.00 Soundness, Sodium Sulfate, 5 cycles............................................................................................................................. $450.00 Specific Gravity, Coarse Aggregate................................................................................................................................ $150.00 Specific Gravity, Fine Aggregate.................................................................................................................................... $150.00 Uncompacted Void Cntnt of Fine Agg Angularity, w/fine Agg SG................................................................................. $285.00 Unit Weight of Aggregate.............................................................................................................................................. $150.00

CONCRETE CYLINDERS, BEAMS AND CORES
Compression Test of Cast Cylinders per cylinder............................................................................................................ $45.00* Compression Test of Cored Samples, cored at laboratory............................................................................................ $120.00 Compression Test of cores delivered by others............................................................................................................ $100.00 Compression Test of Lightweight Concrete .................................................................................................................... $50.00* Density of Concrete Cylinders......................................................................................................................................... $80.00 Density of Hardened Concrete ...................................................................................................................................... $105.00 Flexural Strength, Simple Beam with Third Point Loading ............................................................................................ $180.00 Grading of Shotcrete Cores........................................................................................................................................... $490.00 Sample Storage, monthly per sample ............................................................................................................................. $45.00 Shrinkage, set of 3......................................................................................................................................................... $400.00 Unit Weight of Lightweight Concrete............................................................................................................................ $130.00 Enviro. Recycling Fee, per cylinder, core or beam ............................................................................................................ $2.00 Enviro. Recycling Fee, per flex beam................................................................................................................................. $3.00 Enviro. Recycle Fee/Form Stripping, per shotcrete panel/beam .................................................................................... $65.00

MASONRY
Absorption of Block, set of 3 ......................................................................................................................................... $165.00 Compression Test, 2” x 4” Mortar Cylinders................................................................................................................... $40.00* Compression Test, 3” x 3” x 6” Grout Samples ............................................................................................................... $60.00* Compression Test on Block, set of 3.............................................................................................................................. $165.00 Compression Test on Grouted Prisms, includes cutting................................................................................................ $165.00* Compression Test on Masonry Cores.............................................................................................................................. $85.00 Coring of Grouted Masonry by Subcontractor..........................................................................................................cost + 20% Masonry Shrinkage, set of 3.......................................................................................................................................... $245.00 Moisture Content of Block as received, set of 3 ........................................................................................................... $105.00 Shear Test on Masonry Cores, 2 faces .......................................................................................................................... $150.00 Specific Gravity and Unit Weight of Block, set of 3....................................................................................................... $170.00 Enviro. Recycling Fee, per masonry prism......................................................................................................................... $3.00 Enviro. Recycling Fee, per mortar or grout sample........................................................................................................... $2.00 * Includes formal report of test results following 28-Day tests.

FIREPROOFING
Fireproof Bond Test................................................................................................................................................... Per Quote Fireproofing Density Test (1)........................................................................................................................................... $80.00

ASPHALT CONCRETE
Bulk Specific Gravity of Compacted Specimens and Core Samples................................................................................. $80.00 Compaction of Lab Samples, CA Kneading Compactor, set of 3.................................................................................... $240.00 Compaction of Lab Samples, CA Kneading Compactor, set of 5.................................................................................... $400.00 Packet Pg. 66
Attachment: Agreement with Earth Systems for Soil and Groundwater Sampling for the IWTF (3135 : Resolution No. 2024-65 Agreement with JULY 2024 FEE SCHEDULE NC-2405-003.FEE

FEE SCHEDULE - MATERIALS TESTING
(Effective July 1, 2024)
ASPHALT CONCRETE (Cont.)
Compaction of Lab Spls, Mrshl Mthd set of 3 –(50 blows/side).................................................................................... $245.00 Compaction of Lab Spls, Mrshl Mthd set of 3 –(75 blows/side).................................................................................... $260.00 Extraction of Oil from A.C. Mixtures.......................................................................................................................... Per Quote Extraction of Oil from Rubberized Mixtures.............................................................................................................. Per Quote Gyratory Compactor, per set of field mixed asphalt ..................................................................................................... $495.00 Hamburg Wheel Tracker Test, per set of field mixed asphalt....................................................................................... $890.00 Ignition Oven Binder Cntnt, after initial corr value is det.............................................................................................. $275.00 Ignition Oven Binder Cntnt Corr Value /mix design, ave of 3........................................................................................ $850.00 Ignition Oven Gradation Correction Value, per mix design....................................................................................... Per Quote Moisture Content ............................................................................................................................................................ $50.00 Sieve Analysis of Extracted Aggregate........................................................................................................................... $285.00 Sieve Analysis of Ignition Oven Residue ........................................................................................................................ $270.00 Specific Gravity, Theoretical Maximum, Rice Method .................................................................................................. $170.00 Stability and Flow, Marshall Apparatus, set of 3........................................................................................................... $240.00 Stabilometer, Hveem S-Value, set of 3.......................................................................................................................... $350.00 Enviro. Recycling Fee, per sample ..................................................................................................................................... $2.00 Enviro. Recycling Fee for Extracted Oils .......................................................................................................................... $45.00

REINFORCING AND STRUCTURAL STEEL
Bend Test of Welded Specimen, sample preparation not incl........................................................................................ $80.00 Pipe Flattening Test, sample preparation not included .................................................................................................. $75.00 Reinforcing Steel Coupler Tensile and Slip Tests........................................................................................................... $250.00 Structural Steel Bend Test, sample preparation not included ........................................................................................ $80.00 Structural Steel Machining/Sample Preparation.......................................................................................................cost + 20% Structural Steel Tensile Test, sample prep not included................................................................................................. $80.00 Tensile and Bend Tests of Reinforcing Bar, #2 through #9............................................................................................ $170.00 Tensile and Bend Tests of Reinforcing Bar, #10 through #18 ................................................................................... Per Quote Enviro. Recycling Fee, per sample ..................................................................................................................................... $2.00

BOLT TESTS
Bolt Tests, chemical or mechanical ...........................................................................................................................cost + 20%

WELDER QUALIFICATION
AWS D1.1: 3/8” Plate, per position ........................................................................................................................... Per Quote AWS D1.1: 1” Plate, per position............................................................................................................................... Per Quote AWS D1.3: Sheet Steel............................................................................................................................................... Per Quote AWS D1.4: Reinforcing Bar........................................................................................................................................ Per Quote ASME/API Pipe Sections............................................................................................................................................ Per Quote EQUIPMENT/CHARGES (Does Not Include Personnel)
110-volt Portable Electric Generator .................................................................................................................... $115.00/day Anchor Pull Test Equipment...................................................................................................................................... $45.00/hr.

Bailer (disposable) w/dedicated rope ...................................................................................................................... $35.00/ea.

Concrete and Asphalt Concrete Coring Equipment...................................................................................................cost + 20% Concrete Slab Moisture Transmission Kit................................................................................................................. $45.00/ea.

Conductivity Meter....................................................................................................................................................cost + 20% Cut-Off Saw ............................................................................................................................................................. $90.00/day Double Ring Infiltrometer (per set)....................................................................................................................... $165.00/day Drum Dolly............................................................................................................................................................... $40.00/day Drums ....................................................................................................................................................................... $90.00/ea.

Dynamometer, In-line Scale ...................................................................................................................................... Per Quote Hammer Drill .............................................................................................................................................................cost + 20% Hand Auger/Sampler Equipment ............................................................................................................................ $65.00/day Lock n, Load VOC Sample Pres. Sys. ......................................................................................................................... $35.00/ea.

Packet Pg. 67
Attachment: Agreement with Earth Systems for Soil and Groundwater Sampling for the IWTF (3135 : Resolution No. 2024-65 Agreement with JULY 2024 FEE SCHEDULE NC-2405-003.FEE

FEE SCHEDULE - MATERIALS TESTING
(Effective July 1, 2024)
EQUIPMENT/CHARGES (Cont.) (Does Not Include Personnel)
Magnetic Particle Equipment................................................................................................................................ $200.00/Day Non-Destructive Testing Equipment ..........................................................................................................................$45.00/hr Manometer ........................................................................................................................................................... $155.00/day Mini-Troll Groundwater Level Transducer............................................................................................................ $115.00/day Mobile Laboratory..................................................................................................................................................... Per Quote Nuclear Density Equipment....................................................................................................................................... $15.00/hr.

Paint Thickness Meter............................................................................................................................................... Per Quote Vehicle with Percolation Tank System .................................................................................................................. $260.00/day Personal Protective Equipment Level C..................................................................................................................... Per Quote Pile Driving Equipment (for pile load testing) ........................................................................................................... Per Quote Pile Load Testing Equipment..................................................................................................................................... Per Quote Pulse Velocity Meter ................................................................................................................................................. Per Quote Rebound Hammer (Schmidt Hammer).................................................................................................................... $80.00/day Reinforcing Steel Locating Equipment (DR-Meter) ............................................................................................... $200.00/day Relative Humidity Meter....................................................................................................................................... $100.00/day Off Road Vehicle........................................................................................................................................................ Per Quote Safety and Specialty Equipment................................................................................................................................ Per Quote Sampling Consumables ............................................................................................................................................. Per Quote Skidmore Bolting Calibration Equipment.............................................................................................................. $255.00/day Slope Inclinometer Equipment, per hole .................................................................................................................. Per Quote Soil Sampling Containers (metal) ............................................................................................................................. $25.00/ea.

Soil Sampling Containers (glass)............................................................................................................................... $10.00/ea.

Tape Extensometer ................................................................................................................................................... Per Quote Tension Equipment ............................................................................................................................................... $200.00/day Torque Wrench ......................................................................................................................................................... $100/Day.

Water Level Indicator.............................................................................................................................................. $55.00/day Windsor Probe, set of 3............................................................................................................................................. Per Quote Per Diem.................................................................................................................................................................... Per Quote DIR Compliance/eCPR, per week................................................................................................................................... $100.00 DSA Box Posting, ea............................................................................................................................................................$110 DSA Lab Compliance, per week........................................................................................................................................ $$110 Vehicle Mileage Charge.....................................................................................................................................................$0.95 Packet Pg. 68
Attachment: Agreement with Earth Systems for Soil and Groundwater Sampling for the IWTF (3135 : Resolution No. 2024-65 Agreement with JULY 2024 FEE SCHEDULE NC-2405-003.FEE

EXPERT WITNESS SERVICES
(Effective July 1, 2024)
The following rates apply to deposition testimony, arbitration testimony, hearings and court appearances.

HOURLY CHARGES FOR PERSONNEL
Principal Professional ........................................ $400.00 Associate Professional ....................................... $300.00 Senior Professional ............................................ $250.00 Clerical/Admin Services..................................... $100.00

SPECIAL SERVICES
Deposition ................................................. $400.00/hr.2 Arbitration ................................................... $400.00/hr.

Court Appearance/Hearings........... $1,500.00/half day3 Standby to Appear.................................... $750.00/day4

BASIS OF CHARGES

1. Hourly rates are charged during investigation, analysis, consultation, and preparation services.

2. Estimated deposition fee payable in advance by party requesting deposition. The difference between advance payment and final fee to be billed or refunded in accordance with the fee and billing information in this schedule.

Fee for reviewing deposition transcript will be billed at hourly rates to the party requesting the review.

3. Minimum half day charge will apply to court appearances and hearings. Time extending through the noon hour will be subject to the full day charge of $3,000.00.

4. Days, or portions thereof, reserved for appearances at hearings, court, or arbitrations, during which we are not required to be away from our offices will be subject to a standby charge of $750.00. Standby at other locations will be charged at the general hourly rates.

Packet Pg. 69
Attachment: Agreement with Earth Systems for Soil and Groundwater Sampling for the IWTF (3135 : Resolution No. 2024-65 Agreement with City of Gonzales

PUBLIC WORKS / CITY ENGINEER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: November 4, 2024
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, City Manager
SUBJECT: Resolution No. 2024-66 Approving Parking Regulations

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2024-66, A Resolution of the City Council of the City of Gonzales Approving Parking Regulations Dated November 4, 2024, and Rescinding Resolution No. 2018-03.

BACKGROUND
The City Council is authorized by the State of California through the Vehicle Code to adopt local parking regulations that are in addition to State mandated parking regulations (ie, no parking with 15 feet of a fire hydrant).

The City Municipal Code allows the City Council to establish parking regulations such as “No Parking”, 20-minute Parking spaces and other parking restrictions (i.e., loading zones) by resolution. Current City parking regulations were established by Resolution 2018-03.

REVIEW AND ANALYSIS
Staff presented the updated list of Parking Regulations at the October 7, 2024 Council meeting. The proposed updates to the City’s Parking Regulations include:

1. Establish five 20-minute parking spaces on Belden Street and five 20-minute parking spaces on Fourth Street by the Post Office

2. No Parking at the new and expanded bus stops for the Monterey Salinas Transit Circulator Project currently under construction.

AGENDA
ITEM
9 Packet Pg. 70

3. No Parking within the first 20-feet on the vehicle approach side at an intersection with a marked or unmarked crosswalk per Assembly Bill 413 which went into effect January 1, 2024 with enforcement beginning January 1, 2025.

Regarding #3, Assembly Bill 413 was signed by Governor Newsom in October 2023 and prohibits vehicles parking within 20 feet of the approach side of any “marked or unmarked” crosswalk. The bill is intended to provide improved sight distance for pedestrians, bicyclists and drivers at intersections.

Vehicles parked too close at intersections can block the field of vision of drivers, obscuring the corners where pedestrians are crossing the street and making it difficult to pass through the intersection.

AB 413 is codified in California Vehicle Code Section 22500(n) and prohibits vehicles from parking within 20 feet on the approach side of any unmarked or marked crosswalk, or within 15 feet of any crosswalk with a curb extension.

If the City Council has no adjustments to the updated Parking Regulations, then staff recommends that the City Council adopt the attached Resolution authorizing updated Parking Regulations.

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

Explain: Appropriate parking regulations support the City’s Vision by maintaining public safety in Gonzales while maintaining the regulations needed to preserve Gonzales’ small-town charm.

Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.

Explain: Enforcement of parking regulations promotes the safety and well-being of residents and businesses.

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: Enforcement of parking regulations promotes the safety and well-being of residents and businesses.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing Yes No X N/A
• Recreation Yes No X N/A
• Environment Yes No X N/A
• Education Yes No X N/A
Explain: The additional markings are within the approved fiscal year budget.

Packet Pg. 71

ALTERNATIVES
The City Council could modify the Parking Regulations as allowed under the California Vehicle Code.

BUDGET IMPACT
Adopting the proposed Parking Regulations will have minor expenses related to the staff time and materials for painting the curbs.

CONCLUSION
Staff recommends that the City Council adopt Resolution No. 2024-66, A Resolution of the City Council of the City of Gonzales Approving Parking Regulations Dated November 4, 2024, and Rescinding Resolution No.2018-03.

Attachments:

1. Resolution No. 2024-66

2. Parking Regulations
Packet Pg. 72
RESOLUTION NO. 2024-66

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES APPROVING PARKING REGULATIONS DATED NOVEMBER 4, 2024, AND RESCINDING RESOLUTION 2018-03
WHEREAS, the City of Gonzales desires to promote public safety through updated parking regulations; and
WHEREAS, the California Vehicle Code Sections 21100 (Traffic Control Devices), 21102 (Road Crossings), and 22507 (Parking Restrictions), authorize local authorities to restrict parking by adopting parking regulations by resolution; and
WHEREAS, the Gonzales City Code Sections 8.20.010 (Parking Zones), 8.20.020 (Time Limits), 8.20.050 (Preferential Parking by Permit), 8.20.060 (Compliance with Signs), 8.24.010 (Loading and Passenger Loading Zones), 8.24.020 (Bus Zones), and 8.24.030 (Curb Markings), provide that the City Council may by resolution establish parking regulations, loading zones, and other parking zones; and
WHEREAS, the City Council has determined that public safety will be improved by amending the “City of Gonzales Parking Regulations” as adopted in Resolution No. 2018-03; NOW THEREFORE BE IT HEREBY RESOLVED, by the City Council of the City of Gonzales as follows:

1. The City Council hereby adopts the attached “City of Gonzales Parking Regulations” dated November 4, 2024 deleting previous versions; and

2. The Public Works Director is hereby authorized and directed to install and maintain the appropriate signage and/or markings to enforce “City of Gonzales Parking Regulations” per Gonzales City Code 8.20.010 B & C; and

3. Resolution 2018-03, adopted January 16, 2018, concerning parking regulations, is hereby rescinded.

PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting duly held on the 4
th day of November 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_______________________________
Jose L. Rios, The Honorable Mayor
ATTEST:

Mary Villegas, Deputy City Clerk
Packet Pg. 73
Attachment: Resolution No. 2024-66 (3136 : Resolution No. 2024-66 Approving Parking Regulations & Rescinding Resol 2018-03) City of Gonzales Parking Regulations
Updated November 4, 2024
I. Handicapped Parking – BLUE curb markings and signage:

1. One parking space in front of 316 Alta Street

2. Two parking spaces in front of 346 Alta Street

3. One parking space on the west side of Alta Minor between Fourth and Fifth Streets adjacent to the south side of the trellis.

4. Two parking spaces on the north side of Fourth Street at the intersection with Alta Street

5. Two parking spaces in front of 147 Fourth Street (City Hall)

6. One parking space on Elko Street at the south end of the parking lot between 205 and 225 Elko Street (Day Care Center and Swimming Pool)

7. One parking space on First Street at Elko in front of the baseball field

8. One parking space on Holstein Way at 842, Herbert G Meyer Park

9. One parking space on the north side of Third Street at the intersection with Alta Street II. Loading Zones – YELLOW curb markings and/or signage:

1. One parking space on Belden Street immediately east of 47 Fourth Street

2. Two parking spaces alongside the premises at 225 Elko Street (MAOF Day Care) said spaces shall be one immediately north and south of the building III. Passenger Loading Zones – WHITE curb markings or signage:

1. A marked area approximately forty-five feet (45’) long on the east side of Elko Street, north from La Gloria Middle School (220 Elko Street) exit

2. A marked area approximately forty feet (40’) long on the east side of Chardonnay Drive across from 535 Chardonnay Drive

3. A bus loading zone sixty feet (60’) in length in the 800 block of Fifth Street on the north side

4. A marked area approximately forty feet (40’) long on the east side of Longhorn Drive across from 233 Longhorn Drive
IV. No Parking Zones – RED curb markings and/or signage:

1. All alleys (no signs or markings required per CVC 22507)

2. All areas within fifteen feet (15’) of any fire hydrant (no signs or marking required per CVC 22514)

3. Within 20 feet on the approach side of an intersection with a marked or unmarked crosswalk (per Assembly Bill 413 effective January 1, 2025)

4. Both sides of Alpine Drive

5. West side of Alta Street from the north City limits near Tenth Street to the south city limits near Lanini Road except for the area from C Street north to the south driveway of 215 South Alta Street

6. East side of Alta Street between north city limits north of Tenth Street south to First Street

7. East side of South Alta Street around the alley at the intersection of Gonzales River Road twelve feet north and seven feet south
Packet Pg. 74
Attachment: Parking Regulations (3136 : Resolution No. 2024-66 Approving Parking Regulations & Rescinding Resol 2018-03)

8. East side of South Alta Street from the entrance to 442 South Alta Street fifty feet (50’) south

9. East side of South Alta Street between the entrances of 460 and 480 South Alta

10. East side of South Alta Street from the northern entrance to 500 South Alta Street forty feet south

11. East side of US Highway 101 (business) [South Alta Street] from twenty-five feet north of the driveway to 750 South Alta Street south to seventy-five feet (75’) south of the south entrance to 800 South Alta Street

12. End of the cul-de-sac on Amore Drive extending six feet (6’) on both sides of Amore Drive

13. Southeast corner of C Street and US Highway 101 (business) [South Alta Street] seventy-five feet (75’) south and east on both streets

14. Northeast corner of C Street and US Highway 101 (business) [South Alta Street] twelve feet east on C Street

15. Northwest corner of C Street and South Belden Street fifteen feet west on C Street

16. West side of Center Street next to the Fire Department

17. East side of South Center Street from Fairview drive to A Street

18. East side of the 500 block of Chardonnay Drive from the handicapped ramp near 512 Chardonnay Drive forty-five feet (45’) north

19. East side of the 700 block of Cielo Vista Drive from the entrance to Gonzales High School ninety-five feet (95’) north

20. East of Day Street near the intersection of Fifth Street fifty feet (15’) north

21. West side of Elko Street between First Street and Fourth Street except loading zone in front of 225 Elko Street

22. West side of Elko Street and Fifth Street thirty feet (30’)

23. East side of Elko Street and Fourth Street twenty feet (20’) north and south at the entrance of Fairview Middle School

24. East side of Elko Street, seventy feet (70’) north from Fairview Middle School exit

25. The area around the north entrance to the school parking lot at 220 Elko Street seventyfive feet (75’) to the south and sixty-five feet (65’) to the north on the East side of Elko Street

26. South of Elko Street near Seventh Street eight feet (8’)

27. North side of Elliott Avenue from Elko Street to the easterly end of Elliott Avenue

28. North and south on the east and west intersection of Fifth street and Belden Street

29. Both sides of Fanoe Road in the city limits

30. Two bus loading areas in the 200 block of Fifth Street, sixty feet (60’) on the north side and fifty-seven feet (57’) on the south side

31. South side of Fifth Street near the intersection of Day Street twenty feet (20’) west

32. South side of Fifth Street from the intersection with Elko Street ninety feet (90’) east

33. South side of Fifth Street from the intersection with Elko Street forty feet (40’) west

34. North side of Fifth Street in front of 399 Fifth Street

35. North side of the 500 block of Fifth St, from the driveway of 507 Fifth Street forty feet (40’) west

36. Two bus loading zones in the 500 block of Fifth Street around 550 and 501 Fifth Street eighty feet (80’) on the north side and one hundred twenty-five feet (125’) on the south side
Packet Pg. 75
Attachment: Parking Regulations (3136 : Resolution No. 2024-66 Approving Parking Regulations & Rescinding Resol 2018-03)

37. South side of the 500 block of Fifth Street from Rincon Road five-hundred feet (500’) west

38. North side of Fifth Street from the driveway to 701 Fifth Street to US Highway 101

39. South side of the 700 block of Fifth Street from US Highway 101 approximately 325 feet through the intersection with Rincon Road to thirty-six feet (36’) west of the intersection

40. North side of the 800 block of Fifth Street from US Highway 101 to Fanoe Road

41. South side of the 800 block of Fifth Street from US Highway 101 to Herold Parkway

42. North side of First Street from the intersection with Elko Street forty-five feet (45’) west

43. South side of First Street around the intersection with Elko Street from twenty-five feet (25’) east of the intersection to forty-four feet (44’) west of the intersection

44. Northeast corner of First Street and Center Street are sixty feet (60’) north on Center Street and forty feet (40’) east on First Street

45. North and south sides of Fourth Street, forty feet (40’) west of Elko Street

46. Both sides of Gonzales River Road five feet (5’) in each direction from all approved driveways

47. South side of Gonzales River Road 250 feet west of driveway at 2980 River Road

48. North and south sides of Gonzales River Road from South Alta Street to Alpine Drive

49. Both sides of Herold Parkway

50. Both sides of Katherine Drive

51. MST Circulator bus locations:

1. West side of Burgundy Way forty-five feet (45’) in front of Canyon Creek Park

2. South side of C St one hundred and two feet (102’) long East from S Belden St

3. North side of Eighth Street, seventy feet (70’) headed West from N Center St (Infront of Monterey County Housing and Iglesia del Senor)

4. East side of Fanoe Road in front of northern Fanoe apartments, forty-five feet (45’) long

5. North side of Fifth Street in front of Central Park, eighty-five feet (85’) long West from Day Street

6. South side of Fifth Street, seventy-five feet (75’) long West from Day Street

7. South side of First Street, sixty feet (60’) East from Alvarez Auto Sales entrance

8. North side of Katherine Street in front of Mann Packing, forty-five feet (45’) long West from the Alpine entrance

9. North side of Mustang Way East from Longhorn Dr, ninety feet (90’) long

10. North side of Fairview Dr ninety-five feet (95’) East from Storm basin driveway

11. West side of Puente del Monte Ave, forty-five feet (45’) long South from PAPE entrance

52. End of the cul-de-sac on Murano Drive extending six feet (6’) on both sides of Murano Drive

53. Both sides of Puente Del Monte Drive

54. West side of the 400 block of Rincon Road from the intersection of Fairview Road fifty feet (50’) north
Packet Pg. 76
Attachment: Parking Regulations (3136 : Resolution No. 2024-66 Approving Parking Regulations & Rescinding Resol 2018-03)

55. East side of the 500 block of Rincon Road, north sixty-six feet (66’) from the intersection of Rincon Road and Fifth Street

56. South side of the 400 block of Seventh Street from the driveway to the Gonzales High School Transportation facility east twenty-five feet (25’)

57. East of Seventh Street near Bleden in front of 46 Seventh St

58. East and west sides of South Belden from the end twenty feet (20’) north

59. South of Tenth Street near the intersection of Alta Minor twenty feet (20’) east

60. North side of Tenth Street between Elko and US Highway 101 (business) [Alta Street]

61. End of the cul-de-sac in the 400 block of Venice Drive extending six feet (6’) on both sides of Venice Drive
V. No Parking Areas for Commercial Vehicles (including truck tractors and/or trailers) exceeding a gross vehicle weight of three tons:

1. East side of South Alta Street from A Street to C Street

2. East side of South Alta north from the railroad tracks near well #4 to C Street

3. South side of the 500 block of Fifth Street from Rincon Road to a point five hundred feet west

4. North side of Gonzales River Road from Alpine Drive west to the City Limits VI. Permitted Parking – signage:

Subject to obtaining a permit from the Police Chief, the following areas are designated for permitted parking:

1. C Street north side from South Alta for seven parking spaces east (CVC 22507 and Gonzales Resolution 2015-10)
VII. Time Limited Parking Zones (20 minutes) – GREEN curb markings or signage:

1. Five parking spaces in front of the Post Office on Belden Street

2. Five parking spaces in front of the Post Office on Fourth Street

3. One parking space in front of 18 Fourth Street (Gonzales Pharmacy)

4. Three parking spaces in front of 147 Fourth Street (City Hall) VIII. Two-Hour Parking 8:00 am to 6:00 pm except Saturdays, Sundays, and holidays:

1. West side of the 100 and 200 block of Alta Minor along the median strip

2. East and west sides of the 300 and 400 blocks of Alta Minor

3. East and west sides of the 300 and 400 blocks Belden Street

4. North side of the 100 block of Fourth Street

5. North and south sides of Fourth Street between Alta Minor and Belden Street except five spaces at City Hall and five spaces at Post Office (20 Minute parking) IX. Other Parking Restrictions:

1. No Parking from 7:00AM to 4:00PM on school days along the north and south sides of the 500 block of Fifth Street in front of Gonzales High School

2. No Parking around City parks when marked from 8:00PM to 6:00AM Packet Pg. 77
Attachment: Parking Regulations (3136 : Resolution No. 2024-66 Approving Parking Regulations & Rescinding Resol 2018-03)

3. Four parking spaces, No Parking except Police vehicles on the east side of Belden Street north from Fourth Street
Packet Pg. 78
Attachment: Parking Regulations (3136 : Resolution No. 2024-66 Approving Parking Regulations & Rescinding Resol 2018-03) City of Gonzales

CITY MANAGER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: November 4, 2024
FROM: Carmen Gil, City Manager
SUBJECT: Adoption of Gonzales Utility Assistance Program

RECOMMENDATION
It is recommended that the City Council authorize the City Manager to implement the newly revised Utility Assistance Program, and amend the FY 2024-2025 Budget with a $40,000 increase to Line Item 300-000-52010 (Water Enterprise Fund) to accommodate the program’s expense.

BACKGROUND
For years the City of Gonzales has had a Senior Water Rebate Program that was paid out at the end of every year to seniors who qualified. In 2023, the City conducted a Water and Sewer Rate Study to determine where the city’s water and sewer rates needed to be, and on September 18, 2023, the City Council heard the findings and the recommended increases proposed by the study. The City then went through a 218 process to notify the community of the proposed changes and increases and on November 20th, the City Council adopted the new rates.

As part of the new rates, it was determined that approximately $40,000 of non-rate revenue could be used to support a Utility Assistance Program. City staff conducted research and looked at similar programs across the State and determined that the best program for the community is a Utility Assistance Program comprised of two components 1) Senior Rebate Program with an allocated $10,000 for those 65 and older who qualify for the program, paid out on a first come, first serve basis; and 2) a Utility Assistance Program with an allocated amount of $30,000 for low-income qualifying households which meet the established criteria, paid out on a first come, first serve basis.

AGENDA
ITEM
10 Packet Pg. 79

REVIEW AND ANALYSIS
The Utility Assistance Program was a crucial component of the Water and Sewer Rate Study as it would allow the City to support some of the most vulnerable in the community. The funds to pay for the program are allocated from the non-rate revenues collected from water usage and come out of the Water Enterprise Fund. Applications will be open on October 1st of every year and will close on November 30th and will be credited to qualifying individuals on their December bills. Individuals will be expected to apply for the program on a bi-annual basis. This program will allow us to serve approximately 250 individuals.

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

Explain: The Utility Assistance Program will allow us to continue supporting some of the most vulnerable residents of our community by rewarding them when they make all their payments on time.

Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.

Explain: This program will keep a component of the senior rebates that the community was relying on and will also include a good portion of our low-income community. We will be able to serve about 250 people through this program.

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

Explain: See above for explanation.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes No X N/A
• Housing Yes No X N/A
• Recreation Yes No X N/A
• Environment Yes No X N/A
• Education Yes No X N/A
Explain: The cost of this program will come from non-rate water revenues from the Water Enterprise Fund.

ALTERNATIVES
Alternative 1. The City Council could determine that they want a different program with different standards and qualifications.

Packet Pg. 80
Alternative 2. The City Council could reject the program and deny the implementation of a Utility Assistance Program all together, this is not recommended as the program was part of the proposed Water Rate Study that the city conducted.

BUDGET IMPACT
The impact to the budget will be $40,000. A Budget Amendment is required to accommodate the project. $40,000 will be added to the Water Enterprise Fund expenditures line (300-000-52010).

CONCLUSION
It is recommended that the City Council authorize the City Manager to implement the newly revised Utility Assistance Program, and amend the FY 2024-2025 Budget with a $40,000 increase to Line Item 300-000-52010 (Water Enterprise Fund) to accommodate the program’s expense.

Attachments:

1. Senior Rebate Program

2. Utility Assistance Program
Packet Pg. 81

147 Fourth Street · PO Box 647, Gonzales, CA 93926 · Phone: (831) 675-5000 · Fax: (831) 675-2644 https://gonzalesca.gov/
City of Gonzales
Small town, big heart! ~ ¡Pueblo chico, corazón grande! Senior Rebate Program
The City of Gonzales is pleased to offer an annual discount to senior citizens. The discount is 5% of the annual cost of water usage. Rebates will be given in December of each year as a credit on the utility bill. *The program is on a first come, first serve basis with limited funding available.

QUALIFICATIONS
• Utility account must be in your name and you must reside at the service address. • Utility account holder must be at least 65 years old. • Cannot have more than two (2) penalties in the 12 months preceding the month the rebate is given. This includes late fees and overdraft fees.
• Seniors must reapply bi-annually to qualify for the program. • Applications will open the 1st of October and close on November 30th of each year.

For questions regarding your application please contact City of Gonzales at 831-675-5000 or come to City Hall during normal business hours, Monday through Friday from 8:00AM to 5:00 PM.

Customer Name___________________________________________________________________________________ Service Address ____________________________________________ Phone Number _________________________ Mailing Address ___________________________________ City ________________________ Zip Code __________ Email Address ___________________________________________________________________________________ Date of Birth ________________ Age ________
I certify that I am eligible for a rebate on my water bill because I am 65 years of age or older and the utility account is in my name. I understand that if I receive the discount without qualifying for it, I will be required to pay back the discount I received.

Signature _____________________________________________________________ Date ________________

OFFICE USE ONLY
Received By ______________ Date & Time Received _________________  Identification Attached Entered into UB By __________
Packet Pg. 82
Attachment: Senior Rebate Program (3140 : Adoption of Gonzales Utility Assistance Program)

147 Fourth Street · PO Box 647, Gonzales, CA 93926 · Phone: (831) 675-5000 · Fax: (831) 675-2644 https://gonzalesca.gov/
City of Gonzales
Small town, big heart! ~ ¡Pueblo chico, corazón grande! Utility Assistance Program
The City of Gonzales is offering a Utility Assistance Program for low income individuals who qualify.

This program provides an annual discount of $180 to qualifying residents. The program is on a first – come basis as funding is available. The Utility Assistance Program is not retroactive. The program will open on October 1st of every year and applications are due November 30th at 5pm. If approved, rebates will be given in December as a credit on your utility bill.

QUALIFICATIONS
1) The utility bill must be in your name.
2) You must live at the address where the discount will be received. 3) Someone in your household must be enrolled in a qualified public assistance program. 4) You will be required to provide proof of eligibility. 5) This program is for residential customers who have individually metered households. If you live in a multifamily structure serviced by one master or shared meter, then the program does not apply to you. 6) You are required to reapply to the program every two years. 7) You cannot have more than two (2) penalties in the 12 months preceding the month the rebate is given.

This includes late fees and overdraft fees.
8) You must notify the City of Gonzales if your household no longer qualifies for the low-income discount.

QUALIFIED ASSISTANCE PROGRAMS
You are eligible if someone in your household is enrolled in one or more of the following assistance programs:

Bureau of Indian Affairs General Assistance Medicaid/Medi-Cal for Families A & B CalFresh SNAP National School Lunch Program (NSLP)
CalWORKS/Temporary Assistance for Needy Families (TANF) Supplemental Security Income (SSI) CARE (gas & electric company discount Tribal TANF
Head Start Income Eligible (Tribal only) Women, Infants, & Children Program (WIC)
Low-Income Home Energy Assistance Program (LIHEAP)
For questions regarding your application or required documents, please contact City of Gonzales at 831-675-5000 or come to City Hall during normal business hours, Monday through Friday from 8:00AM to 5:00 PM.

Packet Pg. 83
Attachment: Utility Assistance Program (3140 : Adoption of Gonzales Utility Assistance Program)

147 Fourth Street · PO Box 647, Gonzales, CA 93926 · Phone: (831) 675-5000 · Fax: (831) 675-2644 https://gonzalesca.gov/
City of Gonzales
Small town, big heart! ~ ¡Pueblo chico, corazón grande! Utility Assistance Program Application
Name (on water bill): ______________________________________________ Date: _______________ Service Address: __________________________________________ Phone: _____________________ Mailing Address: ________________________________ City: _______________ Zip Code: ________ 1) Someone in my household is enrolled in one or more of the following (select all that apply):
 Bureau of Indian Affairs
General Assistance
 Low-Income Home Energy
Assistance Program (LIHEAP)
 Supplemental Security Income
(SSI)
 CalFresh SNAP  Medi-Cal for Families A & B  Tribal TANF  CARE (gas & electric company
discount)
 National School Lunch Program
(NSLP)
 Women, Infants, & Children
Program (WIC)
 Head Start Income Eligible
(Tribal only)
By signing this application, I certify that all information and supporting documents provided for this application are true and correct. I agree to provide proof of eligibility if asked. I agree to notify the City of Gonzales if I no longer qualify for the Low – Income Utility Assistance. I understand that if I receive the discount without qualifying for it, I will be required to pay back the discount I received. ____________________________________________________________ _________________ Applicant Signature Date
___________________________________________________________________________________ Office Use Only:

Date Received: ______________ Does the applicant qualify?  Yes  No Received By: ________________
STEP 1: CUSTOMER INFORMATION
STEP 2: ELIGIBILITY
STEP 3: DECLARATION
Packet Pg. 84
Attachment: Utility Assistance Program (3140 : Adoption of Gonzales Utility Assistance Program) City of Gonzales

COMMUNITY DEVELOPMENT DEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: November 4, 2024
FROM: Taven Kinison Brown, Community Development Director THROUGH: Carmen Gil, City Manager
SUBJECT: CHISPA Update on the Alta Street Property

RECOMMENDATION
Receive a presentation and report from Geoffrey Morgan, President/CEO of CHISPA, Inc. and provide direction on potential options for the site.

BACKGROUND
In Resolution 2022-58, the City Council directed that the City Manager develop an agreement with a nonprofit housing developer for the purchase and sale of the 498 Alta Street property for the purpose of developing a senior housing project. The resolution stated that, “If acquired by the buyer, the buyer intends to develop the Property into a housing project consisting of multiple units, all of which will be rented to households where members are at least fifty-five (55) years of age or older (“Senior Households”).”
While the property has not yet been acquired by the potential buyer, CHISPA, the housing project is to take shape in one of two ways (development options):
(i) A multifamily housing project which would utilize federal low income housing tax credits and contain at least thirty-six (36) units, one hundred percent (100%) of such units (excluding one manager’s unit) will be restricted for occupancy by Senior Households, and at least forty percent (40%) of which would be rented to Senior Households earning no more than eighty percent (80%) of the area median income for Monterey County, California. --or--
AGENDA
ITEM
11 Packet Pg. 85
(ii) Fifteen (15) single family rental homes which would not utilize any federal low income housing tax credits, forty percent (40%) of which would be rented to Senior Households earning no more than eighty percent (80%) of the area median income for Monterey County, California, and the balance of which would be rented to Senior Households earning no more than one hundred twenty percent (120%) of the area median income for Monterey County, California.

REVIEW AND ANALYSIS
CHISPA has found that the 36-unit option is too expensive and would take approximately 7.5 years to realize. In addition, to the two years that have already passed since Council Resolution 2022-58. CHISPA has stated that they cannot pursue this path as it is not feasible for them at the moment.

Mr. Morgan would like to present an approach to providing the 15-unit scenario, shifting from the initial focus on seniors as it seems to be more feasible and timely for them. Through a partnership with another party (potentially agricultural business or Gonzales Unified School District), CHISPA may be more inclined to develop domestic farmworker / workforce housing that can be made available at an affordable rate.

If the City Council supports the new concept for the Alta property, CHISPA will seek (with City support) an equity partnership with a local agricultural business or the Gonzales Unified School District, to realize a 15-unit scenario potentially using the City’s preapproved ADU plans, shifting from the original intent of building exclusively senior housing on the site.

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 City continues to nurture and build upon collaboration efforts with affordable housing interests to further provide affordable housing in the City of Gonzales.

Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.

Explain: The City of Gonzales directly exercised its leadership and financial resources to facilitate the purchase and acquisition of the Alta property for the purposes of constructing new housing to allow current residents and local workers to live affordably and remain in the community, thereby enhancing their quality of life.

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: Please see the Vision and Mission explanations above.

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
Packet Pg. 86
• Environment Yes No X N/A
• Education Yes No X N/A
Explain: Please see the Vision and Mission explanations above.

ALTERNATIVES
• The Council could express their desire for the larger 36-unit project scenario yet realize that such a project is not tenable to CHISPA for the expense and extended 7.5 year timeframe. • The City Council could direct staff to pursue another approach to housing on the City-owned Alta property.

BUDGET IMPACT

In the 15-unit scenario, the City would receive $50,000 upon transfer of the property to the affordable housing builder, CHISPA. In the 36-unit scenario, the City would receive $400,000 upon transfer of the property to the affordable housing builder. Yet the 36-unit scenario is not tenable to CHISPA.

The City of Gonzales previously purchased the property for a negotiated price of $600,000.00 and found the purchase price justifiable and appropriate for the purposes of partnering with a non-profit housing developer to develop a senior housing project.

CONCLUSION
Receive a presentation and report from Geoffrey Morgan, President/CEO of CHISPA, Inc. and provide direction on potential options for the site.

Attachments:

1. Powerpoint presentation
Packet Pg. 87
Option 1: Design • 15 Units (No community room/no manager onsite)
• Possible Populations: Mod Income
Farmworker/workforce housing
• Plus Laundry Room (500 sf) • 21 Parking Spaces • Unit Size: 550 sf • Craftsman and Ranch Style Alternating • Maintenance Shed: 500 sf Development
Options
For 498 Alta Street,
Gonzales, CA
October 3, 2024
Packet Pg. 88
Attachment: Powerpoint presentation (3138 : CHISPA Update on the Alta Street Property) Option 1 Budget
Development
Budget
Land/Acq: $50,000
Hard Costs $4,087,145
Const Cost/Unit $272,476
Soft Costs $1,301,143
Total Development $5,438,288
Costs
TDC/Unit $362,552
Sources Amount Terms
Construction
Const. Loan $3.1M 9.5%, 70%LTC, 18 mnth
Land cont. Fee Deferral,
Investment
Private Ag/City $2M
Permanent
Loan $2.3M 6.5% 10 yr, 25 amort
Resident Ag/mod income
workforce hsg. And city
contribution
Private ag $3.1M
investor/city
Total Perm: $5.4M
sources:

Operating Budget
Gross Op Rents $331,200
Vacancy ($16,560)
Op. Exp. ($73,500)
Net Op Inc. $241,140
Debt Service at $185,492

1.3 DSCR
Rent
Subsidy?
Unit Quant Rent UA
Mix/A
MI
1BR 15 1900 60 N
Mgr 0
Packet Pg. 89
Attachment: Powerpoint presentation (3138 : CHISPA Update on the Alta Street Property) Option 1:

Schedule
Approvals/Permits/Financing:
1 Year
Construction Time: 1.5 Years
(includes offsites, utilities,
etc.)
Total Time: 2.5 Years
Packet Pg. 90
Attachment: Powerpoint presentation (3138 : CHISPA Update on the Alta Street Property) Option 2 Design
· 32 Units (Including 1 Manager’s
Unit, 2 Story, Senior/Disabled)
· 1 Bedroom Units (550 sf)
· 29 Parking Spaces
· Manager's Unit
· Community Room and Laundry
Room
Packet Pg. 91
Attachment: Powerpoint presentation (3138 : CHISPA Update on the Alta Street Property) Option 2 Budget
Development
Budget
Land/Acq: $440,000
Hard Costs $19,151,369
Const Cost/Unit $598,480
Soft Costs $5,745,410
Total Development $25,336,779
Costs
TDC/Unit $791,774
Sources Amount Terms
Construction
Con. Loan $14M
9% Credits $2M
HCD $1M
HUD/Home $3.9M
City $400K
Permanent
9% Credits $10M
MHP (will run out) approx. 250k/unit
(IIG/MHP)
HCD $6M
Perm Debt $5M 30 year, 6.5% int
HUD/Home $3.9M $198/unit (state) (12M cap)
City $400K
Total Perm Sources: $25.3M
Operating Budget
Gross Op Rents $684,480
Vacancy ($34,224)
Op. Exp. ($156,800)
Net Op Inc. $493,456
Debt Service at $411,213

1.2 DSCR
Rent
Subsidy?
Unit Quant Rent UA
Mix/
AMI
1BR 31 1900 60Y
Mgr100N
Packet Pg. 92
Attachment: Powerpoint presentation (3138 : CHISPA Update on the Alta Street Property) Option 2: Schedule · Approvals/Permits/Financing: 5 Years · Approval & Design · Construction Time: 26 Months (PG&E) · Total Time: 7.5 Years Packet Pg. 93
Attachment: Powerpoint presentation (3138 : CHISPA Update on the Alta Street Property) Assumptions
· TCAC/State Financing Environment requires
2-3 Rounds before approval. Since the state
bond didn’t pass, HCD funds will soon run
out.
· PG&E/Joint Trench, Wet utilities, full
8’soundwall included in schedule/estimates
· No Water supply/credit Issues
· CEQA/Noise/Traffic
· Timing of Decision by the City
· Rental Income based on “fair market rent”
with a discount for local market conditions.

Assumes either 100% HCV or PBV.
· Option 1 is non prevailing wage
· Option 1 requires a willing financial partner
in this scenario
Packet Pg. 94
Attachment: Powerpoint presentation (3138 : CHISPA Update on the Alta Street Property) Questions
for the City:
• What are your RHNA Goals?
• How important is timing versus number of
units?
• What can the City of Gonzales Contribute?
• Impact/Planning/Permit fees
• Land
• Other sources
• What populations do you want to serve?
• How much political/local support can we
expect for either scenario in Gonzales?
• Next steps?
Packet Pg. 95
Attachment: Powerpoint presentation (3138 : CHISPA Update on the Alta Street Property)