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
GONZALES CITY COUNCIL
SPECIAL MEETING
CITY COUNCIL CHAMBERS – 117 FOURTH STREET
GONZALES, CA 93926
WEDNESDAY, DECEMBER 11, 2024
6:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
1. ROLL CALL- City Council
Mayor Pro Tem Scott Funk, Council Member Liz Silva, Council Member Lorraine Worthy, Council Member Maria Orozco, Mayor Jose L. Rios
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/84730273234 or call 1 (669) 900-6833 and use Meeting ID: 847 3027 3234.
If you wish to make either a general public comment or to comment on a specific agenda item, please use the Raise Hand function. You will be allowed three minutes for your comments.
If you choose not to attend the City Council meeting but wish to make a comment on a specific agenda item, please submit your comment limited to 250 words or less by 12:00p.m. on the day of the meeting to the City Clerk at [email protected]
CLOSED SESSION
Any member of the public may address the Council on a closed session item appearing on the agenda.
Speakers shall have a limited time of three (3) minutes. Please be brief and to the point.
2. The City Council will recess to closed session pursuant to Government Code Section 54956.9(d)(2) to confer with its attorney- significant potential exposure to litigation.
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.
REGULAR AGENDA
4. Consider Approval of Resolution No. 2024-72, A Resolution of the City Council of the City of Gonzales Declaring Canvass of Returns and Results of the Consolidated General Municipal Election Held on November 5, 2024
a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Resolution No. 2024-72, and direct the City Clerk to agendize the administration of the Oath of Office to elected incumbents Jose L. Rios and Scott Funk at the next regularly scheduled Council meeting on January 13, 2025
5. Consider Approval of Resolution No. 2024-73, A Resolution of the City Council of the City of Gonzales Declaring an Emergency Pursuant to Section 22050 of the Public Contract Code and Section 3.16.050 of the Gonzales Municipal Code Ratifying and Authorizing Emergency Work at the City Wastewater Treatment Plant in an Amount not to Exceed $950,000 a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Resolution No. 2024-73
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 City Council Special Meeting Agenda was posted at City Hall, Council Chambers, and on the City’s website by Tuesday, December 10, 2024, at 5:00 p.m.
12/10/24
Mary Villegas Date
City of Gonzales
CITY ATTORNEY
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: December 11, 2024
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, City Manager
SUBJECT: Resolution No. 2024-72 Declaring Canvass of Returns & Results of the November 5, 2024 Election
RECOMMENDATION
It is recommended that your Council:
• Consider approval of Resolution No. 2024-72, A Resolution of the City Council of the City of Gonzales Declaring Canvass of Returns and Results of the Consolidated General Municipal Election held on November 5, 2024; and
• Direct the City Clerk to agendize the administration of the Oath of Office to elected incumbents Jose L. Rios and Scott Funk at the next regularly scheduled Council meeting on January 13, 2025.
BACKGROUND
Every two years, the elections result in re-election of incumbents or changes in the Council. Newly elected officials need to be administered the oath of office. This is usually done at the next regular meeting of the Council after the election results are certified and received.
REVIEW AND ANALYSIS
The Certified results of the City of Gonzales’ consolidated general election held on November 5, 2024, were received from the Monterey County Registrar of Voters on December 4, 2024. Based on the certified results, Scott Funk was elected as the Council Member representing new District 2 for a four (4) year term, and Jose Rios was elected as Mayor at-large for a two (2) year term. Measure S, the City of Gonzales 2024 Transactions and Use Tax., failed to pass. Due to the regular meeting schedule in December of 2024, the installation of the elected incumbents will not occur until the next regularly scheduled meeting on January 13, 2025.
AGENDA
ITEM
4 Packet Pg. 3
Additionally, committee assignments and the selection of a Mayor Pro Tem will be scheduled either for the January 13 meeting or a meeting soon thereafter.
BUDGET IMPACT
There are no immediate budget impacts as a result of this item.
CONCLUSION
It is recommended that your Council:
• Consider approval of Resolution No. 2024-72, A Resolution of the City Council of the City of Gonzales Declaring Canvass of Returns and Results of the Consolidated General Municipal Election held on November 5, 2024; and
• Direct the City Clerk to agendize the administration of the Oath of Office to elected incumbents Jose L. Rios and Scott Funk at the next regularly scheduled Council meeting on January 13, 2025.
Attachments:
1. Resolution No. 2024-72
2. Statement of Votes Cast from MoCo Elections Dept.
Packet Pg. 4
RESOLUTION NO. 2024-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
DECLARING CANVASS OF RETURNS AND RESULTS OF THE CONSOLIDATED GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024
WHEREAS, the City Council of the City of Gonzales adopted Resolution No. 2024-39 on June 17, 2024, requesting consolidation of the general municipal election for Mayor at-large and District 2 Council seat to be held in said City on November 5, 2024; and WHEREAS, the City Council of the City of Gonzales adopted Resolution No. 2024-52 on August 5, 2024, requesting consideration of Measure S- City of Gonzales 2024 Transactions and Use Tax at the afore-referenced consolidated general municipal election to be held in the City on November 5, 2024; and
WHEREAS, the General Municipal Election was held on Tuesday, November 5, 2024, in accordance with law, and the votes cast were received, canvassed, and the returns ascertained, determined, and declared in all respects as required by law; and WHEREAS, the “Statement of Votes Cast” in the November 5, 2024 election, prepared by the Monterey County Elections Department, was delivered to the City Clerk on December 4, 2024, and is attached as Attachment A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gonzales that:
1. The total number of ballots cast in the City of Gonzales at its Consolidated General Municipal Election was 2185.
2. The ballot measure that appeared and was printed upon the ballots used at said election was as follows:
Measure S: City of Gonzales 2024 Transactions and Use Tax. Shall a measure establishing a new Gonzales sales tax that increases the total tax rate from 1.0% to
1.5% used for general government purposes such as maintenance of infrastructure and improvements (Fire House, streets, roads and sidewalks, parks) adding $800,000 in revenues annually, collected on an ongoing basis until extinguished and requiring all funds to stay local with independent citizen’s committee oversight and annual audits, be adopted?
Votes cast: YES NO
933 1158
As a result of this vote, Measure S did not pass.
3. The candidate nominated for the office of Council Member, District 2 to be filled at the General Municipal Election, and the name of the candidate which was set forth in the petitions as required by law, and the number of votes cast in favor of the candidate is as follows:
Name of Candidate Position Votes Cast
Scott Funk Council Member, District 2 457
Packet Pg. 5
Attachment: Resolution No. 2024-72 (3164 : Resolution No. 2024-72 Declaring Canvass of Returns & Results of the November 5, 2024 Election)
4. Scott Funk was thereby elected Council Member, District 2 for the full term of four (4) years.
5. The candidate nominated for the office of Mayor to be filled at the General Municipal Election, and the name of the candidate which was set forth in the petitions as required by law, and the number of votes cast in favor the candidate is as follows:
Name of Candidate Position Votes Cast
Jose L. Rios Mayor 1740
6. Jose L. Rios was thereby elected Mayor for the term of two (2) years.
7. The City Clerk is hereby authorized to sign and deliver thereto a Certificate of Election and to administer thereto the Oath of Office prescribed in the Constitution of the State of California at the next regularly scheduled meeting of the City Council on January 13, 2024.
8. The City Clerk is hereby instructed to enter this Resolution in the official records of the City as a statement of the results of said Municipal Election.
PASSED AND ADOPTED at a special meeting of the City Council of the City of Gonzales duly held on the 11th day of December, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Jose L. Rios, The Honorable Mayor
ATTEST:
I, the undersigned Deputy City Clerk, hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Gonzales, California, at a regular meeting thereof held on the 11th day of December, 2024, by the above-stated vote of the members thereof, a majority being present.
Dated: December 11, 2024
Mary Villegas, Deputy City Clerk
Packet Pg. 6
Attachment: Resolution No. 2024-72 (3164 : Resolution No. 2024-72 Declaring Canvass of Returns & Results of the November 5, 2024 Election)
ATTACHMENT A
Packet Pg. 7
Attachment: Statement of Votes Cast from MoCo Elections Dept. (3164 : Resolution No. 2024-72 Declaring Canvass of Returns & Results of the Packet Pg. 8
Attachment: Statement of Votes Cast from MoCo Elections Dept. (3164 : Resolution No. 2024-72 Declaring Canvass of Returns & Results of the Packet Pg. 9
Attachment: Statement of Votes Cast from MoCo Elections Dept. (3164 : Resolution No. 2024-72 Declaring Canvass of Returns & Results of the Packet Pg. 10
Attachment: Statement of Votes Cast from MoCo Elections Dept. (3164 : Resolution No. 2024-72 Declaring Canvass of Returns & Results of the Packet Pg. 11
Attachment: Statement of Votes Cast from MoCo Elections Dept. (3164 : Resolution No. 2024-72 Declaring Canvass of Returns & Results of the Packet Pg. 12
Attachment: Statement of Votes Cast from MoCo Elections Dept. (3164 : Resolution No. 2024-72 Declaring Canvass of Returns & Results of the Packet Pg. 13
Attachment: Statement of Votes Cast from MoCo Elections Dept. (3164 : Resolution No. 2024-72 Declaring Canvass of Returns & Results of the Packet Pg. 14
Attachment: Statement of Votes Cast from MoCo Elections Dept. (3164 : Resolution No. 2024-72 Declaring Canvass of Returns & Results of the Packet Pg. 15
Attachment: Statement of Votes Cast from MoCo Elections Dept. (3164 : Resolution No. 2024-72 Declaring Canvass of Returns & Results of the Packet Pg. 16
Attachment: Statement of Votes Cast from MoCo Elections Dept. (3164 : Resolution No. 2024-72 Declaring Canvass of Returns & Results of the Packet Pg. 17
Attachment: Statement of Votes Cast from MoCo Elections Dept. (3164 : Resolution No. 2024-72 Declaring Canvass of Returns & Results of the Packet Pg. 18
Attachment: Statement of Votes Cast from MoCo Elections Dept. (3164 : Resolution No. 2024-72 Declaring Canvass of Returns & Results of the Packet Pg. 19
Attachment: Statement of Votes Cast from MoCo Elections Dept. (3164 : Resolution No. 2024-72 Declaring Canvass of Returns & Results of the Packet Pg. 20
Attachment: Statement of Votes Cast from MoCo Elections Dept. (3164 : Resolution No. 2024-72 Declaring Canvass of Returns & Results of the City of Gonzales
PUBLIC WORKS / CITY ENGINEER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: December 11, 2024
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, City Manager
SUBJECT: Resolution No. 2024-73 Declaring an Emergency and Authorizing Emergency Work at the City WWTP in an Amount Not to Exceed $950,000
RECOMMENDATION
Staff recommends that the City Council consider and adopt Resolution No. 2024-73, A Resolution of the City Council of the City of Gonzales Declaring an Emergency Pursuant to Section 22050 of the Public Contract Code and Section 3.16.050 of the Gonzales Municipal Code Ratifying and Authorizing Emergency Work at the City Wastewater Treatment Plant in an Amount Not to Exceed $950,000.
BACKGROUND
The City operates a wastewater system that serves residents, businesses, and industrial facilities. The Municipal Wastewater Treatment Plant (WWTP) is permitted to treat and dispose 1.3 million gallons/day by the Central Coast Regional Water Quality Control Board under Waste Discharge Requirements R3- 2006-005. Over the last six weeks, public works staff have observed that the WWTP treatment ponds at the wastewater treatment facility have been more full than usual, thus it’s been a challenge to discharge the treated wastewater using the three disposal fields.
Staff believes the WWTP is struggling to treat and dispose of wastewater for the following reasons:
1. The last two years of heavy rainfall and regular dam releases from Lake Nacimiento and Lake San Antonio has resulted in higher groundwater along the Salinas River. Groundwater used to be more than 10 feet below the bottom of the disposal beds and it’s now closer to 4 feet. Higher groundwater has decreased the performance of the disposal beds as there’s less storage for the water to drain to.
AGENDA
ITEM
5 Packet Pg. 21
2. The slow percolation of the disposal beds has made it difficult for public works staff to get a tractor with implements in the disposal beds to rip the bottom of the beds to improve the percolation.
3. The processing facilities ramped up their production for the holiday season and some of the processing facilities exceeded their Industrial Wastewater (IW) allocations in the last two months.
Disposal of treated wastewater is critical to operating the WWTP. Under the circumstances described above, the City risks spilling wastewater onto adjacent private property and ultimately into the Salinas River. Having a pond breach and spill wastewater would be very catastrophic and would result in the following:
1. The City would need to hire a contractor to repair the pond and any other damage to return the WWTP to operation.
2. Pay a farmer for their loss of crop and use of their land for an extended time period.
3. Significant fines from the Regional Water Quality Control Board.
4. Industrial facilities could not operate until the WWTP is repaired and returned to operation.
Staff notified the Processing Facilities) of the problem and discussed staying below their IW allocation and options to reduce the amount of ag-wash water being sent to the WWTP. Once the IW System is completed in Spring 2027, the IW discharge from the three main Processing Facilities will be shifted from the WWTP to the Industrial Wastewater Treatment Facility (IWTF).
On December 6, 2024, staff concluded that there was an immediate need to take action to address the WWTP’s percolation problems, including transporting treated wastewater to the City of Soledad’s Wastewater Treatment Plant and increase the disposal capacity of the WWTP by constructing a new disposal field on an expedited basis.
REVIEW AND ANALYSIS
Dudek Consulting prepared the attached exhibit of the proposed disposal pond on the city-owned property just east of the WWTP. Once the disposal pond is constructed, treated wastewater will be pumped from the end of the treatment ponds to the new disposal pond for percolation into the ground. Adding this disposal pond will improve the WWTP ability to dispose of treated wastewater. The new disposal pond should be able to be used in future Phase 2 of the IWTF with some modifications.
Staff obtained quotes from two contractors to construct the new disposal field and install the piping to convey treated wastewater from the end of the ponds at the WWTP to the new disposal pond. Staff is recommending the city engage Swift Tectonics as they provided the lower cost and are able to begin the work immediately. The other contractor indicated possible difficulties mobilizing prior to the holidays.
To dispose of some treated wastewater, on Friday, December 6, staff hired two companies (A & G Pumping and Star Sanitation) to pump treated wastewater at the WWTP and truck it to the City of Soledad’s WWTP. Staff anticipates trucking treated wastewater to the City of Soledad’s WWTP until the new disposal field is operational. Completion of the new disposal field is expected to be complete by January 17, 2025 (possibly sooner).
The estimated costs for the new disposal field are in this table:
Contractor/Consultant Estimated
Cost
1 Swift Tectonics to construct Disposal Pond and install piping $400,000 2 Trucking Wastewater to City of Soledad Sewer System $200,000 Packet Pg. 22
3 Dudek Consulting (design services) $10,000
4 MNS Engineers (construction inspection) $10,000
5 Polaris Consulting (construction staking) $10,000
6 Pacific Crest (soil compaction testing) $20,000
7 Pump Procurement and Installation $115,000
8 Fencing Material and Installation $25,000
9 Misc Piping for Pump Suction & Connection $10,000
10 Contingency $150,000
Total = $950,000
Staff discussed the construction of the new disposal field with Regional Water Board staff, and they support the approach as long as it doesn’t increase the capacity of the WWTP and is only used in emergencies. They will revise the city’s WDR permit to incorporate the use of the new disposal pond with conditions.
The Council is being asked to consider the adoption of a resolution declaring an emergency authorizing the City to dispense with normal contracting procedures, to ratify any and all actions that have been taken to address emergency circumstances since December 6, 2024, and to authorize appropriate remedial work in an amount not to exceed $950,000 in order to respond to percolation problems in the disposal fields at the City’s WWTP. As noted above, these problems have the potential to lead to overtopping and uncontrolled discharge of treated wastewater if left unattended.
Section 3.16.050 of the Gonzales City Code provides an exception to the bidding requirements for the purchase of equipment and supplies when an “emergency” (defined in part as a breakdown in machinery or an essential service which requires the immediate purchase of supplies or services to protect the public health, welfare and safety) arises, and operational problems associated with disposal of treated water from the City’s WWTP have created such a City emergency.
Sections 22050 and 20168 of the Public Contract Code provide that in the case of an emergency, the City Council, by four-fifths vote, may pass a resolution declaring the public interest and necessity demand the immediate expenditure of public funds to safeguard life, health and property, and that such monies may be expended without compliance with mandatory contract bidding procedures. Section 1102 of the Public Contract Code defines emergency as a sudden, unexpected occurrence that poses a clear and imminent danger, requiring action to prevent or mitigate the loss or impairment of life, health or property, and the circumstances surrounding operational problems at the WWTP have created the need to take immediate action to address the cause of said problems, meeting this definition of emergency.
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 for better operation.
Explain how the Recommendation Directly Implements the Mission Packet Pg. 23
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 insure the safety and well being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. X Yes ____No ____ N/A Explain: See Vision explanation above.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing X Yes No N/A
• Recreation X Yes No N/A
• Environment X Yes No N/A
• Education X Yes No N/A
Explain: See Vision above.
ALTERNATIVES
Do not adopt the Resolution. This action is not recommended as it will not assist the City in preparing and covering costs associated with responding to significant percolation problems at the City’s WWTP.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
The work contemplated in Resolution No. 2024-73 is exempt from analysis under the California Environmental Quality Act per CEQA Guidelines Section 15269-Emergency Projects.
BUDGET IMPACTS
At the time that this report was written, the funding source was still being identified. However, the project will be funded through either the Water Enterprise Fund or the Sewer Impact Fund.
CONCLUSION
Staff recommends that the City Council consider and adopt Resolution No. 2024-73, A Resolution of the City Council of the City of Gonzales Declaring an Emergency Pursuant to Section 22050 of the Public Contract Code and Section 3.16.050 of the Gonzales Municipal Code Ratifying and Authorizing Emergency Work at the City Wastewater Treatment Plant in an Amount Not to Exceed $950,000.
Attachments:
1. Resolution No. 2024-73
2. Pond Grading
3. Temp Pond Piping
Packet Pg. 24
RESOLUTION NO. 2024-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES DECLARING AN EMERGENCY PURSUANT TO SECTION 22050 OF THE PUBLIC CONTRACT CODE AND SECTION 3.16.050 OF THE GONZALES MUNICIPAL CODE
RATIFYING AND AUTHORIZING EMERGENCY WORK AT THE CITY
WASTEWATER TREATMENT PLANT IN AN AMOUNT NOT TO EXCEED $950,000 WHEREAS, the City operates a municipal wastewater system that serves residents, businesses, and industrial facilities; and
WHEREAS, The Municipal Wastewater Treatment Plant (WWTP) is permitted to operate at 1.3 million gallons/day by the Central Coast Regional Water Quality Control Board under Waste Discharge Requirements R3-2006-005; and
WHEREAS, over the last six weeks, city public works staff observed that the percolation in the WWTP’s three disposal fields has slowed; and
WHEREAS, the City believes that the cause of the current percolation problems is due to a higher water table from heavy rainfall over the last two winters and an increase in influent received from agricultural food processors in advance of the holiday season; and WHEREAS, disposal of treated wastewater is critical to operating the WWTP; and WHEREAS, under the circumstances described above, the City risks spilling treated wastewater onto adjacent private property and ultimately into the Salinas River which would result in significant fines imposed by the Regional Water Quality Control Board; and WHEREAS, on December 6, 2024, Staff concluded that there was an immediate need to take remedial work to address this situation, including transporting treated wastewater to the City of Soledad’s Wastewater Treatment Plant and work to increase the disposal capacity of treated wastewater from the WWTP on an expedited basis; and
WHEREAS, the City has adopted the procedures set forth in the Uniform Public Construction Cost Accounting Act pursuant to Public Contract Code Sections 22030-22045; and WHEREAS, Staff is of the opinion that adherence to purchase bidding requirements set forth in Chapter 3.16 of the Gonzales Municipal Code, and contract bidding procedures established in the Public Contract Code, will result in unacceptable delays before the City can commence action to address problems at the WWTP; and
WHEREAS, Section 3.16.050 of the Gonzales City Code provides an exception to the bidding requirements for the purchase of equipment when an “emergency” (defined in part as a breakdown in machinery or an essential service which requires the immediate purchase of supplies or services to protect the public health, welfare and safety) arises, and operational Packet Pg. 25
Attachment: Resolution No. 2024-73 (3165 : Resolution No. 2024-73 Declaring an Emergency & Authorizing Emergency Work at the WWTP) problems associated with disposal of treated water from the City’s WWTP have created a City emergency; and
WHEREAS, Sections 22050 and 20168 of the Public Contract Code provide that in the case of an emergency, the City Council, by four-fifths vote, may pass a resolution declaring the public interest and necessity demand the immediate expenditure of public funds to safeguard life, health and property, and that such monies may be expended without compliance with mandatory contract bidding procedures; and
WHEREAS, Section 1102 of the Public Contract Code defines emergency as a sudden, unexpected occurrence that poses a clear and imminent danger, requiring action to prevent or mitigate the loss or impairment of life, health or property, and the circumstances surrounding operational problems at the WWTP have created the need to take immediate action to address the cause of said problems, meeting this definition of emergency; and WHEREAS, California Code of Regulations Section 15269 provides an exemption from compliance with the provisions of the California Environmental Quality Act for emergency repairs to public and private facilities necessary to maintain services essential to public health, safety or welfare, as well as specific actions necessary to prevent or mitigate such emergency circumstances.
NOW THEREFORE, BE IT HEREBY RESOLVED, that the City Council of the City of Gonzales hereby resolves as follows:
1. Based on the recitals set forth above, and the facts and circumstances set forth in the oral staff report on December 11, 2024, which are incorporated herein by reference, the City Council hereby declares that an emergency situation, as defined in both Gonzales City Code 3.24 and Public Contract Code Section 1102, exists with respect to the need to take immediate action to perform work at the WWTP related to disposing of treated wastewater.
2. By this Resolution, and the authority granted by Gonzales City Code Chapter 3.16 and Public Contract Code Sections 22050 and 20168, the City Council finds that the public interest and necessity demand the immediate obligation of funds to prevent failure of the WWTP disposal fields, including removal and transportation of effluent from City facilities to alternative locations and the creation of an additional disposal field, and to take action to without need to comply with formal bidding procedures, and ratifies the action of Staff to enter into a contract(s) to provide the necessary analytical and remedial services, in an amount not-to-exceed $950,000. The Council further ratifies and hereby approves any and all action taken by City staff to address this emergency situation prior to the adoption of this resolution.
3. To provide funding for the work set forth herein, the Council approves using the monies from the Water Enterprise Fund or the Sewer Impact Fund of an amount Packet Pg. 26
Attachment: Resolution No. 2024-73 (3165 : Resolution No. 2024-73 Declaring an Emergency & Authorizing Emergency Work at the WWTP) not-to-exceed $950,000. Loan documents will be provided at the next regular Council meeting on January 13, 2025.
4. Staff is directed to report on the emergency work at the next regularly scheduled meeting and at every meeting thereafter until the identified emergency has terminated.
PASSED AND ADOPTED by at least a four-fifths vote at a special meeting of the City Council of the City of Gonzales duly held on the 11th day of December 2024 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Jose L. Rios, The Honorable Mayor
ATTEST:
Mary Villegas, Deputy City Clerk
Packet Pg. 27
Attachment: Resolution No. 2024-73 (3165 : Resolution No. 2024-73 Declaring an Emergency & Authorizing Emergency Work at the WWTP) 755.00' 290.00' 122.21'
101.08'
117.78'
15' WIDE BENCH EL=113
5-ACRE BOTTOM AREA
WITH 2:1 SIDE SLOPES ALL AROUND
BOTTOM EL=107'
TOP OF BERM EL=113'
GRADING DAYLIGHT
SECTION A
2'
1' EXISTING GRADE PROPOSED GRADE
EL=113'
2'
1'
BOTTOM EL=107'
PLAN
Packet Pg. 28
Attachment: Pond Grading (3165 : Resolution No. 2024-73 Declaring an Emergency & Authorizing Emergency Work at the WWTP) FIGURE 1
TEMPORARY PERCOLATION POND
RIPRAP AROUND DISCHARGE TO
PROTECT POND POTTOM
BERMS TO BE COMPACTED TO 95%
BOTTOM TO BE RIPPED AND DISKED
AFTER CONSTRUCTION TO
BREAKUP COMPACTION
Packet Pg. 29
Attachment: Temp Pond Piping (3165 : Resolution No. 2024-73 Declaring an Emergency & Authorizing Emergency Work at the WWTP)