City of Gonzales
PUBLIC WORKS / CITY ENGINEER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: April 7, 2025
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, City Manager
SUBJECT: Resolution No. 2025-13 Agreement with Braga Fresh Foods for Wastewater System Allocation Increase
RECOMMENDATION
It is recommended that the City Council Adopt Resolution 2025-13, A Resolution of the City Council of the City of Gonzales Approving an Agreement with Braga Fresh Foods for Payment of Sewer Impact Fees Associated with an Increased Allocation of Industrial Wastewater Discharge Pursuant to Amendment of Conditional Use Permit 2009-04, and Authorizing the City Manager to Execute the Industrial Wastewater System Allocation Increase Agreement on Behalf of the City of Gonzales.
BACKGROUND
Braga Fresh Foods operates a processing facility (Facility) at 180 Katherine Street in the Industrial Business Park, pursuant to Conditional Use Permit (CUP) 2009-04, where it processes and packages vegetables and other produce for the retail market. The process water discharged from the Facility is conveyed to the City’s Sewer System for treatment and disposal.
As permitted by CUP 2009-04, the Facility is authorized to discharge up to 50,000 gallons/day of process water into the City Sewer System. Over the last several years, Braga Fresh Foods added several process lines, and the discharge of process water to the sewer system exceeded their sewer allocation. Over the last six months, City staff and Braga Fresh Foods discussed increasing their authorized allocation to 80,000 gallons/day.
City staff prepared the attached Wastewater System Allocation Increase Agreement that was reviewed and signed by Rodney Braga, Braga Fresh Foods CEO.
AGENDA
ITEM
7 REVIEW AND ANALYSIS
To receive the increased sewer allocation, Braga Fresh Foods will pay $868,500 in sewer impact fees.
Should the Wastewater System Allocation Increase Agreement be approved by the City Council, City staff will subsequently take the necessary steps to administratively amend CUP 2009-04 to increase the Facility’s industrial wastewater discharge allocation to 80,000 gallons/day.
In the event Braga Fresh Foods defaults in the performance of its obligations under the Agreement, and such default is not cured or corrected within 30 days of receipt of written notice from the City, the City will have all rights and remedies available at law or in equity, including those rights pertaining to breach of contract, rescission of amended CUP 2009-04 resulting in an immediate reduction of authorized industrial wastewater discharge from 80,000 to 50,000 gallons/day.
Explain Recommendation and How it Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.
Explain: This Agreement will continue to bring additional resources to the city and enable Braga Fresh Foods to continue operations, resulting in a continued stream of tax revenue, job opportunities, and economic opportunities to the community 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. X Yes _____No _____ NA
Explain: Please see explanation above for the Vision.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes X No N/A
• Housing Yes X No N/A
• Recreation Yes X No N/A
• Environment X Yes No N/A
• Education Yes X No N/A
Explain: Please see explanation above for the Vision.
ALTERNATIVES
The Council could decide not to approve the Wastewater System Allocation Increase Agreement, which is not recommended because the Agreement will enable Braga Fresh Foods to enhance their operations, resulting in a continued stream of tax revenue, job opportunities, and economic opportunities to the Gonzales community.
BUDGET IMPACT
The City will deposit the $868,500 monies received from Braga Fresh Foods in the Sewer Impact Fund and will use the funds to expand the City’s wastewater system.
CONCLUSION
It is recommended that the City Council Adopt Resolution 2025-13, A Resolution of the City Council of the City of Gonzales Approving an Agreement with Braga Fresh Foods for Payment of Sewer Impact Fees Associated with an Increased Allocation of Industrial Wastewater Discharge Pursuant to Amendment of Conditional Use Permit 2009-04, and Authorizing the City Manager to Execute the Industrial Wastewater System Allocation Increase Agreement on Behalf of the City of Gonzales.
Attachments:
1. Resolution No. 2025-13
2. Wastewater System Allocation Increase Agreement