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, SUCCESSOR AGENCY, AND
GONZALES PUBLIC FINANCING AUTHORITY
CITY COUNCIL CHAMBERS – 117 FOURTH STREET
GONZALES, CA 93926
MONDAY, NOVEMBER 17, 2025
6:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
1. ROLL CALL- City Council/Successor Agency/Public Financing Authority Board Members Mayor Pro Tem/Vice Chair Liz Silva, Council/Agency Member Scott Funk, Council/Agency Member Lorraine Worthy, Council/Agency Member Maria Orozco, Mayor/Chair Jose L. Rios
Successor Agency Item
Financing Authority Item
PUBLIC NOTICE
This meeting is being conducted consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The public may participate in person or online via zoom at https://us06web.zoom.us/j/87020263943 or call 1 (669) 900-6833 and use Meeting ID: 870 2026 3943. If you wish to make either a general public comment or to comment on a specific agenda item, please use the Raise Hand function. You will be allowed two 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. Consider Approval of, and Present, Resolution No. 2025-82, A Resolution of the City Council of the City of Gonzales In Honor and Recognition of Public Works Director/City Engineer Patrick M. Dobbins for His Dedicated Service to the City and Residents of Gonzales
3. PG&E Presentation by Central Coast Government Affairs Representative Jazmine Venegas
BUSINESS FROM THE PUBLIC
4. Business from the Public not on the Agenda; any member of the Public may address the Council/Agency for a period not to exceed two (2) 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.
5. Approve the Joint City Council and Successor Agency - Regular Meeting – November 3, 2025 Minutes
6. Approve City Accounts Payable Warrants #52930-52992
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. Accept the 2025 Annual Public Financing Authority Report
14. Consider Approval of Resolution No. 2025-80, A Resolution of the City Council of the City of Gonzales Accepting the 2025 Slurry Seal Contract as Complete, Authorizing Staff to File a Notice of Completion with the County Recorder and Direct Staff to Release Retention Monies to the Contractor After the Notice of Completion is Recorded
15. Consider Approval of Resolution No. 2025-81, A Resolution of the City Council of the City of Gonzales Approving and Authorizing Execution of a Lease Agreement with the County of Monterey for the new Gonzales Branch Library
16. Consider Approval of Resolution No. 2025-83, A Resolution of the City Council of the City of Gonzales Authorizing the City Manager to sign a Consultant Services Agreement Between the City of Gonzales and EMC Planning Group for the Preparation of an Environmental Impact Report (EIR) for the Puente Del Monte Specific Plan
REGULAR AGENDA
17. Public Hearing to Adopt, Waive Reading, and Read by Title Only Ordinance No. 2025-153, An Ordinance of the City Council of the City of Gonzales Updating Chapter 10.16 Sewer Use of the Gonzales Municipal Code
a) Staff Report
b) Public Hearing
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Ordinance No. 2025-153
18. Updated Sewer Capital Improvement Program
a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Approve the updated Sewer Capital Improvement Program
GONZALES YOUTH COUNCIL UPDATES
19. 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.
BUSINESS FROM CITY COUNCIL
20. City Council Board/Committee Reports
a. League of California Cities Monterey Bay Division
b. Association of Monterey Bay Area Governments
c. Monterey Salinas Transit
21. Oral Communications
BUSINESS FROM CITY MANAGER
22. Oral Communications
ADJOURNMENT
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (831) 675-5000. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (CFR 35.102-
35.104 ADA Title II). This is a public meeting and as such, can be seen live by people present or online and is being recorded; therefore; anything you say or do here is public information. The recordings are available online.
I, Mary Villegas, Deputy City Clerk of the City of Gonzales, do hereby certify that a copy of the foregoing Joint City Council/Successor Agency/Public Financing Authority Regular Meeting Agenda was posted at City Hall, Council Chambers, and on the City’s website by Thursday, November 13, 2025, at 5:00p.m. 11/13/25
Mary Villegas Date
AGENDA
ITEM
RESOLUTION NO. 2025-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
IN HONOR AND RECOGNITION OF PUBLIC WORKS DIRECTOR/CITY ENGINEER PATRICK M. DOBBINS FOR HIS DEDICATED SERVICE
TO THE CITY AND RESIDENTS OF GONZALES
WHEREAS, in January of 2019, Patrick M. Dobbins was hired as Public Works Director/City Engineer after working for the City as contract City Engineer for four years through Harris & Associates; and WHEREAS, during Patrick’s tenure, he led numerous capital projects like the reconstruction of Alta Street, new City Well 7, rehabilitation of the Community Pool, the $38 million Industrial Wastewater System (set for completion in Spring of 2027) and most recently, the design and construction of the $30 million Dennis and Janice Caprara Community Center Complex, which is set to be completed next month; and WHEREAS, Patrick provided guidance and leadership not only to his Public Works team, but also supported the growth and development of local youth interested in engineering careers by instituting an Intern Program. He also worked with the Gonzales Youth Council on multiple projects, including the Teen Innovation Center, Safe Routes to Schools, and Pedestrian Safety; and WHEREAS, Patrick’s work ethic, commitment and dedication earned him the respect of his colleagues, the Gonzales community and staff, as well as his local and statewide peers. He is compassionate and is always willing to support his colleagues and the residents of Gonzales; and WHEREAS, Patrick successfully stepped in and led the City as Acting City Manager from August through October 2022 while the Interim City Manager was on maternity leave; and WHEREAS, Patrick has served on the Board of the Monterey Bay Chapter of the American Public Works Association for the last 25 years, including as the President in 2002 and 2023. He also represented the City on the TAMC’s Technical Advisory Committee, as well as the South County Public Works Managers Group.
NOW THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Gonzales takes great pride and pleasure in drawing special attention to the accomplishments of Patrick M.
Dobbins and the indelible history he has created with the City, and through this resolution, does hereby honor, commend, and recognize Patrick M. Dobbins for his exemplary service to the residents of Gonzales, and wishes him well as he moves onto new endeavors.
PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting held on the 17th day of November 2025, 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
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Attachment: Resolution No. 2025-82 (3414 : Resolution No. 2025-82 Recognizing Patrick M. Dobbins) 2
MINUTES
JOINT MEETING OF THE
GONZALES CITY COUNCIL AND
GONZALES SUCCESSOR AGENCY
MONDAY, NOVEMBER 3, 2025
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
The flag salute was recited by all present.
1. ROLL CALL
Attendee Name Title Status
Jose L. Rios Mayor/Chair Present
Liz Silva Mayor Pro Tem/Vice Chair Present
Scott Funk Council/Agency Member Present
Lorraine Worthy Council/Agency Member Present
Maria Orozco Council/Agency Member Present
YOUTH COMMISSIONERS
Orlando and Ricardo Rodriguez.
STAFF PRESENT
City Manager Carmen Gil, City Attorney Michael F. Rodriquez, Community Development Director Taven Kinison Brown, Executive Assistant to the City Manager/Deputy City Clerk Mary Villegas, Development Services Technician/Administrative Analyst Alejandrina Ponce, Administrative Assistant II Marisol Gomez, Public Works Director/City Engineer Patrick Dobbins, Fire Chief Jason Muscio, and Police Chief Wise.
* Successor Agency Item
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Minutes Acceptance: Minutes of Nov 3, 2025 6:00 PM (CONSENT AGENDA) AGENDA
ITEM
5
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 two 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 New Public Works Maintenance Worker and Public Works Supervisor Public Works Director Dobbins introduced Public Works Supervisor Martin Diaz who lives in town and came over from the School District.
Public Works Supervisor Diaz said he was happy to be here and looked forward to great years ahead.
BUSINESS FROM THE PUBLIC
3. 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.
Henry Martinez Jr. (via zoom) talked about a call he received from his nephew about being chased down by a parent in his car; a scene that broke out in front of the gym about disputing sidewalks; upholding some people to code; and officers dealing with his lawyer about a 30 day notice.
Henry Martinez Sr., 112 Tenth Street, explained what transpired at the boxing gym property and the issues with the cops and the owner of that property.
Mayor Pro Tem Silva corrected Mr. Martinez about her last name. She clarified her last name was Silva, not Silvia.
Sara Martinez spoke about her son having ADHD and being chased by an adult while he was hanging out with a girl. He elaborated on the incident that happened at the boxing gym that involved the girl’s father who called the police. She believed it wasn’t right for the boxing place to be disrespectful and unprofessional and for her son being kicked out of there due to her dad Henry Martinez Sr.’s actions.
Pepper commented about speaking a few weeks ago to folks regarding the incident on the Fourth of July with Gonzales PD, and wanted to clear the record that she was not in attendance, and her concern for what was going on was based on her years in law enforcement. She didn’t know why there was a continued witch hunt with people who weren’t there, and she felt that should be dealt with appropriately.
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Minutes Acceptance: Minutes of Nov 3, 2025 6:00 PM (CONSENT AGENDA)
CONSENT AGENDA
4. Approve the Joint City Council & Successor Agency - Regular Meeting - October 20, 2025 Minutes
5. Approve City Accounts Payable Warrants #52850-52929
RESULT: APPROVED [4 TO 0] Item 5
MOVER: Lorraine Worthy, Council Member
SECONDER: Scott Funk, Council Member
AYES: Liz Silva, Scott Funk, Lorraine Worthy, Maria Orozco RECUSED: Jose L. Rios
6. Consider Approval of Resolution No. 2025-75, A Resolution of the City Council of the City of Gonzales Adopting the City Council Meetings Schedule for 2026
7. Consider Approval of Resolution No. 2025-76, A Resolution of the City Council of the City of Gonzales Awarding the 2025 Sewer Manhole Rehabilitation Contract to Don Chapin Company, Rejecting Any Other Submitted Bids, and Authorizing and Directing City Staff to Execute a Contract with Don Chapin Company in the Amount of $125,000 which Includes a $10,999 Contingency for Unforeseen Field Conditions
8. Consider Approval of Resolution No. 2025-77, A Resolution of the City Council of the City of Gonzales Authorizing Execution of Task Order No. 5 Under a Master Service Agreement with MNS Engineers to Continue their Program Management Services on the Wastewater Program in the Amount of $158,738
9. Consider Approval of Resolution No. 2025-78, A Resolution of the City Council of the City of Gonzales Rescheduling the City Council Meeting of December 1, 2025 to December 8, 2025
10. Consider Approval of Resolution No. 2025-79, A Resolution of the City Council of the City of Gonzales Approving a Contract with Maggiora Brothers Drilling to Perform Work at Well #4 for the Not-to-Exceed Amount of $74,800, and Authorizing the City Manager to Execute the Same on Behalf of the City.
Mayor Pro Tem Silva pulled Item 8 for clarification. She didn't think MNS was going to ask for additional funds for this project and thought that was going to be it when it came before the Council two months ago. She felt they were nickel and diming us.
Public Works Director Dobbins responded that this was for their program management efforts, which was different from their construction management services on the Industrial Wastewater Treatment Facility. He elaborated on the timeline and services. He informed Construction Manager Megan Panofsky from MSN Engineers, was attending the meeting via zoom if there were any additional questions for them.
Mayor Pro Tem Silva mentioned at first she didn't understand there were two different parts, the construction and the management services, and thanked him for the explanation and clarification.
Council Member Orozco asked for clarification, since there was an invoice for Mayor Rios under the warrants, if he had to recuse himself.
Mayor Rios said yes. He recused himself from the warrants, Item 5.
Mayor Pro Tem Silva appreciated the detail on the credit cards and said she has figured it out.
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Minutes Acceptance: Minutes of Nov 3, 2025 6:00 PM (CONSENT AGENDA)
RESULT: APPROVED [UNANIMOUS] Agenda Items 4, and 6 - 10 MOVER: Lorraine Worthy, Council Member
SECONDER: Scott Funk, Council Member
AYES: Jose L. Rios, Liz Silva, Scott Funk, Lorraine Worthy, Maria Orozco
REGULAR AGENDA
11. Introduce, Waive Reading, and Read by Title Only Ordinance No. 2025-153, An Ordinance of the City Council of the City of Gonzales Updating Chapter 10.16 Sewer Use of the Gonzales Municipal Code
Staff Report: Public Works Director Dobbins presented the staff report.
Public Comment: Andrew Brown suggested using social media pages for public service announcements and investing into a snake to rent to the community.
Council Discussion: There was discussion about the possibility of educating property owners about knowing what kind of sewer line they have and to know what they can do to fix a problem from happening, and this ordinance was shared with the industrial folks users to provide feedback but staff didn’t receive any comments back.
Council Member Funk abstained from Item 11.
RESULT: APPROVED [4 TO 0]
MOVER: Liz Silva, Mayor Pro Tem
SECONDER: Maria Orozco, Council Member
AYES: Jose L. Rios, Liz Silva, Lorraine Worthy, Maria Orozco ABSTAIN: Scott Funk
GONZALES YOUTH COUNCIL UPDATES
12. Oral Communications
Youth Commissioners Rodriguez reported on the Community Center tour and discussion on the visions and ideas on the different programming with organizations; homecoming and celebration of Halloween and Dia de Los Muertos; High School Interact Club conference on November 8th; last football home game November 7th; Hartnell Field Day November 7th for students to develop skills and leadership and career opportunities; and the next GYC meeting scheduled on November 13th.
BUSINESS FROM CITY COUNCIL
13. City Council Board/Committee Reports
a. Transportation Agency for Monterey County
Mayor Rios reported on the future funding for Highway 68; Traffic Lights technology; Highway 101 corridor from Gonzales to Salinas where they would be closing off all the left hand turns; Chualar overpass; Pajaro's train stop study; and new site for TAMC office. b. Mayor Selection Committee
Mayor Rios mentioned the last meeting was cancelled and the next one is this Friday in Marina.
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Minutes Acceptance: Minutes of Nov 3, 2025 6:00 PM (CONSENT AGENDA)
c. Salinas Valley Recycles
Mayor Pro Tem Silva announced the interviews for the new General Manager scheduled for November 14th and announced the Executive meeting this Thursday. She reminded everyone to reach out and thank a veteran on Veteran's Day, November 11th. She announced the Hometown Heroes event at Central Park this Friday at 11:00am.
14. Oral Communications
Council Member Orozco thanked staff for their work on the Trunk or Treat event which was very successful, and the Grand Opening for Amor de Café which was also a great event. She appreciated staff‘s hard work on doing these events for our community.
Mayor Pro Tem Silva elaborated on a heart-breaking accident she saw on social media regarding two students in the Salinas Union High School District riding many bikes on Main Street in Salinas and didn’t follow the road rules, they hit a car and burst into flames. She shared her concern about some individuals here in town that use electric or motorized scooters and bicycles and wanted to remind them to please follow the rules of the road, stop when there's a stop sign, and wear their helmets. She also asked parents to educate their children for everyone’s safety.
Council Member Worthy asked how much longer we were going to allow people to communicate via zoom or if that was something that was a continuing thing.
City Attorney Rodriquez responded this would be continuing since the Brown Act has been amended again and staff would be bringing to the Council the changes regarding meeting procedures that apply to remote participation by the Council Members and City citizens, but it would not take effect until June of 2026.
Council Member Worthy elaborated on a phone call she made to the Air Quality Control District where the representative told her she was the only person that had called regarding the odor in town, which she thought was odd. She shared the community’s complaints with her and encouraged residents to make calls to the Air District about it. She suggested to staff to perhaps include the phone number on the next utility bill to encourage residents to call. She also thanked everyone who has stepped up to help the community during the tragedies that happened in the last couple of weeks.
Mayor Rios informed that Constellation Winery was purchased, as well as Del Monte Foods which was purchased by the Church Brothers, so they were both under new management.
BUSINESS FROM CITY MANAGER
15. Oral Communications
City Manager Gil thanked everyone for helping with the Trunk or Treat event including staff and everyone who donated candy. She announced the Hometown Heroes event which Mayor Pro Tem Silva elaborated on earlier, scheduled for this Friday at 11:00am; and the Holiday Lights event on December 5th. She also informed on a potential effort to fund the flock camera system which some Cities have, and there was some interest from Supervisor Lopez to support the South County communities in ensuring that we all have a flock system in place.
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Minutes Acceptance: Minutes of Nov 3, 2025 6:00 PM (CONSENT AGENDA)
Public Works Director Dobbins informed that PG&E Representative Jazmine Venegas, would be making a presentation at the next Council meeting and will also provide an update on the reconductoring project.
Fire Chief Muscio reported on the new engine being in service.
ADJOURNMENT
Mayor Rios asked to close the meeting with a moment of silence for two community members that passed. One was the wife of Jonathan Bohorquez, a member of the Measure K Committee and past member of the Planning Commission. The other one was Chris De La Rosa, an active member in the American Legion and the community.
A moment of silence was observed by all present.
RESULT: APPROVED [UNANIMOUS]
MOVER: Lorraine Worthy, Council Member
SECONDER: Scott Funk, Council Member
AYES: Jose L. Rios, Liz Silva, Scott Funk, Lorraine Worthy, Maria Orozco The meeting was adjourned at 7:01 PM.
ATTEST:
Mary Villegas, Deputy City Clerk
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Minutes Acceptance: Minutes of Nov 3, 2025 6:00 PM (CONSENT AGENDA) AGENDA
ITEM
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Attachment: Warrants #52930-52992 (3410 : Approve City Accounts Payable Warrants #52930-52992) 6 Packet Pg. 12
Attachment: Warrants #52930-52992 (3410 : Approve City Accounts Payable Warrants #52930-52992) Packet Pg. 13
Attachment: Warrants #52930-52992 (3410 : Approve City Accounts Payable Warrants #52930-52992) Packet Pg. 14
Attachment: Warrants #52930-52992 (3410 : Approve City Accounts Payable Warrants #52930-52992) Packet Pg. 15
Attachment: Warrants #52930-52992 (3410 : Approve City Accounts Payable Warrants #52930-52992) Packet Pg. 16
Attachment: Warrants #52930-52992 (3410 : Approve City Accounts Payable Warrants #52930-52992) Come Work With Us
The City is looking for the next
Public Works Director.
For more information, please visit
the City’s website at
https://gonzalesca.gov/services/hu
man-resources/job-opportunities
Finally on April 27th we celebrated a day that so many of us have been waiting for – the On Wednesday, October 1st, Supervisor Lopez held his annual Gonzales Listening Session.
Approximately 15 people were in attendance. The discussion revolved around mental health supports needed, parent and student engagement, and road and traffic safety.
He also shared advancements in the District.
Dennis and Janice Caprara Community Center Complex
As the Dennis and Janice Caprara Community Center Complex approaches completion be sure to SAVE THE DATE for its Grand Opening, which will take place January 10th, 2026, at 10:00AM! For its programming we are working with partners from CSUMB, The Science Workshop, and the Boys and Girls Club among others to bring in a plethora of opportunities to our community. Remember that first phase of the project includes the Monterey County Library, the Teen Innovation Center and Teen Lounge, the Outdoor Amphitheater and a meeting room. It will also include permanent outdoor activities.
Supervisor Lopez and his team were out here in October visiting the facility. They were impressed and shared their excitement to see it almost operational.
City of Gonzales
City Manager Report
October 2025
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Attachment: City Manager Report - October 2025 (3407 : City Manager Report - October 2025) AGENDA
ITEM
7 Gonzales Fire Department
The City is considering a Parcel Tax to support our local Fire Department. Did you know we only have 2 Firefighters on duty at all times? With the nearest emergency room being 20 minutes away, and 911 call volumes continually increasing, it is critical we have a team ready to respond to emergeny calls when needed. For more information on this, visit our website at gonzalesca.gov.
Community Engagement
Staff coordinated a successful
Halloween Trunk or Treat event
on the 25th of October and
even though the weather was
less than ideal, it was a great
event and the little ones and
their families enjoyed it.
Odor Questions - We have been getting questions and calls about what we can do to address the foul odor that comes through town. Unfortunately, it is outside our jurisdiction.
However, please call the Monterey Bay Air Resources District at 718-7512. The more they hear from us, the more they can do to help.
Save the Date
• Senior Circuit Training is continuing through December 9th. Check the website for dates and times.
• Senior Chair Yoga every Tuesday from 9:00AM - 10:00AM starting November 18th. • Holiday Lights in Downtown on Saturday, December 6th at 4:30PM.
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Attachment: City Manager Report - October 2025 (3407 : City Manager Report - October 2025) City of Gonzales
COMMUNITY DEVELOPMENT DEPARTMENT
ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: November 17, 2025
FROM: Taven Kinison Brown, Community Development Director THROUGH: Carmen Gil, City Manager
SUBJECT: Community Development Department Activity Report
HOUSING
The Vista Lucia Specific Plan. Staff recently sat with LAFCo staff and the Agricultural Land Trust of Monterey County staff to discuss agricultural mitigation for the Vista Lucia Specific Plan Project.
The Housing Element. Placeworks Inc. is underway preparing the implementation programs for the 6th Cycle Housing Element. Placeworks’ aid to the city is being paid through our REAP 2.0 Grant administered through AMBAG.
ECONOMIC DEVELOPMENT
New Beginnings: Amor de Café enjoyed their Grand
Opening Ribbon Cutting on October 24, 2025.
Freeway Electronic Sign. Ground breaking for this longanticipated construction will be in December.
Zoning Code Enhancements for the Industrial District. To leverage economic development and increased investment in our Industrial District, staff is presenting amendments to the Conditional and Permitted uses table for industrial area land uses in the City Code. Items under consideration include:
AGENDA
ITEM
8 Packet Pg. 19
• Recreational Vehicle, Equipment Storage and Ministorage uses to support decongestion of public streets and residential areas by providing legal, designated storage areas, potentially improving neighborhood visual and traffic conditions elsewhere in the City. • Retail uses that are business- and resident-serving, which are compatible with the mixed industrial-commercial character, and unlikely to generate adverse environmental effects. • Medical services, such as may be characterized by an “Urgent Care” facility that would complement industrial safety, without need for travel elsewhere. • Caretaker or live/work dwelling units attached or detached. Would allow assured on-site security with immediate response. Strengthens business models by deterring vandalism and theft.
The Planning Commission will consider these zone code changes, November 24, 2025, and the City Council will be asked to act on December 8, 2025.
BUILDING DIVISION ACTIVITY
From October 1, 2025, to October 31, 2025 (31 reporting days), the City issued 3 permits for removal and replacement of a generator, a garage conversion to an ADU, and a reroof. The estimated value of improvements was $85,800.00.
CODE ENFORCEMENT
The City continues to meet with property owners, inspect potential violations and start documentation to progress to remedies. In October there was a new report of an abandoned car on B Street.
CITY BUSINESS LICENSES
In October, City staff directly mailed and followed through with 70 incomplete business license applications to seek compliance. Response has been robust, and local businesses are becoming compliant.
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City of Gonzales
CITY MANAGER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: November 17, 2025
FROM: Carmen Gil, City Manager
SUBJECT: Community Engagment & Recreation Departments Activity Report Current Events
Kid Power
• Kid Power had a busy and fun-filled October with 28 kids joining us throughout the month! The children enjoyed a variety of Halloween-themed crafts and created colorful chalk art outside. On Halloween, we celebrated with a nacho party, explored the garden, and ended the day with some karaoke.
• La Gloria has upcoming testing, so we’ve been coordinating with the teachers to provide additional support for the students. In addition to our daily homework assistance and reading activities, we’ve been working closely with the teachers to help the kids prepare and feel confident for their tests.
• Mrs. Julie’s friend, Mrs. Ande, brought pumpkins for all the kids, creating their very own mini pumpkin patch! She also brought a baby goat named Chicken Nugget, which the children absolutely loved. The kids even made adorable thank-you cards for Mrs. Ande and Chicken Nugget to show their appreciation for the visit.
AGENDA
ITEM
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City Sports League
• Our Adult Volleyball league registrations started off slow, then picked up. We have 14 teams registered this season. Six of those teams are in our highest division which is our “A” division.
Our “B” division only has three teams, and Our “C” division has 5 teams. We increased our number of teams this year by two from last season. Our team registrations ended on October 22nd.
Our captains meeting to go over the rules and answer questions is scheduled for October 28th.
Player registration will continue until November 7th. First games of the season are scheduled to start on November 3rd.
• Our Youth Basketball league registration is moving along. We have 25 registered participants so far. Six in our PreK-TK division; 8 in our girls division; and 11 in our boys division. We currently have 5 volunteer coaches. Skills assessments will be on November the 13th. This season, our PreK-TK division will play their games on Friday evenings. Our games are anticipated to start on January 31st and will go until March 14th.
• Our Youth Soccer season ended on October 11th for our age 2 ½ - 3 ½; October 18th for ages 4 - 5, 9 – 10, and some of our age 6-8 teams. October 20th was the last game for our age division 11-14.
The rest of the age 6-8 teams played their last game on the 24th. This season was a very successful one. We had our highest number of registered participants to date, with 201 participants. Each participant received their medal and certificate at the end of their last game. • Our South County Girls Softball league registration started on October 20th. We will compete against Soledad, Greenfield and King City. We have one player, and one coach registered so far.
Hoping to have at least one team in each division. The divisions we offer are 8U (ages 5-7), 10U (ages 8-10), and 14U (ages 11-14). Our season will start in March.
Recreation/ Community Engagement
• On October 7th, we successfully kicked off our Senior Circuit Class with an enthusiastic group of nearly 15 participants. The session featured a variety of exercises, including jumping jacks, squats, side steps, and walking laps around Central Park. The class is led by our CSUMB Intern, Ivan Caballero, and will continue through December 9th.
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• In October, staff worked to coordinate a ribbon-cutting ceremony for our newest local business, Amor De Café. The event was held on Friday, October 24th, and we are excited to welcome this wonderful addition to our community. We wish Amor De Café every success in the months and years ahead!
• We closed registrations for our Hometown Heroes Program on October 12th, and received 12 new applications, bringing the total number of signs to be displayed to 36. • On Saturday, October 25th, we hosted our annual Trunk or Treat event. Although we had to cancel the Movie Night due to the anticipated weather, the Trunk or Treat was very well received by our community. A special thank you to everyone who donated candy, to the participants who registered and decorated their vehicles, and to our staff who helped with setup. The Pumpkin Patch was once again a huge hit, and we were able to hand out all the pumpkins generously donated by Braga Farms. We look forward to hosting Trunk or Treat again next year and hope to see even more registered vehicles!
Gonzales Youth Council
• On October 7th, the Gonzales Youth Council met with the Greenfield Youth Council to share updates and exchange ideas. During the meeting, students discussed the projects they’ve been working on in their respective communities, compared how they conduct their meetings, and shared plans for their upcoming action projects.
• On October 16th, the Gonzales Youth Council met with Senator Laird. The students were excited to learn about his role and the career path that led him to public office. They also discussed some of the challenges they face due to limited resources and asked thoughtful questions about topics such as government shutdowns and their potential impact on the Gonzales community. In addition, the students shared updates on the action projects they are working on this year with the Youth Council.
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• On October 23rd
, the GYC visited the Dennis & Janice Caprara Community Center. They were greeted by several employees from WRNS, Harris & Associates, and Otto Construction. The meeting kicked off with an introduction by all the employees, who shared their career pathway with the students. The students then had the opportunity to tour the space and ask questions about the most recent updates since their last visit in August.
Activities in the Planning Phase
We have begun planning for our annual Holiday Lights Event scheduled to take place on Saturday, December 6th on Fourth Street. We will be using funding we were able to raise through our 2025 Car Show to help pay for a portion of the costs.
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City of Gonzales
FIRE DEPARTMENT
ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: November 17, 2025
FROM: Jason Muscio, Fire Chief
THROUGH: Carmen Gil, City Manager
SUBJECT: Fire Department Activity Report
RESPONSES
There were 64 calls for service during the month of October, bringing the total number of calls for year 2025 to 729. The breakdown of calls is as follows; 1 structure fire (mutual aid), 1 trash fire, 50 EMS calls, 1 hazardous materials call, 7 cancelled in route, and 1 false alarm. We provided mutual aid to our partners twice during the month, and received mutual aid 3 times due to simultaneous calls for service.
STAFFING
New Firefighter Matthew De La Torre started on October 7th, filling the vacant Firefighter position and bringing our Department up to full staffing levels. Three Volunteer Firefighter applications were submitted and the candidates were interviewed by the Chief. However, all three accepted full-time positions with CAL FIRE so none of the applicates continued with the hiring process.
TRAINING
All training for the month consisted of basic evolutions in ladders, attack line deployment, auto extrication, and hand tool skills with our new Firefighters. The Captains all trained on pumping operations of the new fire engine. The entire Department will undergo 8 hours of refresher training in hazardous materials during the month of November.
EQUIPMENT
The new engine 8111 has been placed in service and is currently in use. Captain David Vasquez took the lead in getting the new engine outfitted and ready to respond. We are still waiting for the arrival of some tool brackets to better secure our extrication tools, but we have found a temporary solution. The old AGENDA
ITEM
10 Packet Pg. 25
engine 8111 will be re-numbered to engine 8112 and placed in reserve status. All other apparatus remains in service. Annual flow testing of our self-contained breathing apparatus was conducted by our vendor L.N Curtis.
COMMUNITY ENGAGEMENT
The Fire Chief gave a presentation to 13 High School Seniors about potential careers in the Fire/EMS service. The presentation took place at the Gonzales High School Library. C shift made a visit to Ms.
Castro’s class at Gonzales High School for some show and tell time with her students. A local daycare provider brought her children over to the Firehouse for a tour, but it was interrupted by an emergency call and we will be re-scheduling soon.
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City of Gonzales
POLICE DEPARTMENT
ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: November 17, 2025
FROM: Keith Wise, Chief of Police
THROUGH: Carmen Gil, City Manager
SUBJECT: October 2025 Activity Report
Crime and Arrests
The Gonzales Police Department investigated 7 Part I Crimes (Homicide, Robbery, Theft, Burglary, Rape, Assault and Motor Vehicle Theft) during the month of October. During the same time last year, there were 9 Part I Crimes investigated.
During the month of October, Officers made 4 arrests. During the same time last year, there were a total of 17 arrests.
During the month of October, the Department initiated 53 Abandoned Vehicle Abatement (AVA) / 72- hour parking violation cases. 47 violations were self-abated by the registered owners upon notification of the Municipal Code Violation. 6 are still pending corrective action by the upcoming due date.
Calls for Service
The Department responded to 734 calls for service in October 2025. There were 48 crimes, accidents, and information reports taken during the month.
Animal Control
During the month of October 2025, the Animal Control Officer (ACO) provided the following services:
Animal Control Trapped/Stray Dead Injured Bite Cases Returned to Owner Transported to SPCA Cats 1 2 0 0 0 1
Dogs 5 0 0 0 2 3
Total = 6 2 0 0 2 4
AGENDA
ITEM
11 Packet Pg. 27
Significant Cases
Although the Police Department responded to 734 calls for service during the month of October, the most significant cases involved 7 Part I crimes. 0- Homicide 0-Rape, 0-Robbery, 4-Assault, 0-Burglary, 2-Larcenies, and 1-Stolen Motor Vehicle Thefts.
Training
The Department continues to conduct in-house training.
Sworn Staff completed the department’s bi-annual Range training.
Sergeant Melgoza along with Officer Perez attended the 40-hour Crisis Intervention Training (CIT) on October 13, 2025 – October 17, 2025 at the Salinas Police Department in Salinas, Ca.
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City of Gonzales
PUBLIC WORKS / CITY ENGINEER DEPARTMENT
ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: November 17, 2025
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, City Manager
SUBJECT: Public Works/City Engineer Department Activity Report
WASTEWATER
1. Industrial Wastewater Treatment Facility – The Contractor (Gateway Pacific) began construction on 7/21/2025. The contractor, construction manager, design consultant and City staff hold weekly progress meetings to discuss open items, status of submittal reviews, schedule and other business.
The contractor completed the grading work including the four basins on 9/30/25. Completion of this important project is expected in April 2027.
2. Rehabilitation of Brick Sewer Manholes – The bid opening for rehabilitation of two sewer manholes on Fifth Street was 10/23/2025. We opened three bids, and the contract was awarded to Don Chapin Company at the 11/03/2025 Council meeting. The contract has been executed, and we are scheduling a preconstruction meeting. The field work will occur while the schools are closed for winter break.
WATER
1. Alpine Camp – The State Water Resources Control Board engaged NV5 (engineering consultant) to prepare technical studies, environmental studies and real estate appraisals and to support a grant application to connect Alpine Camp to the City water and sewer systems. A kick-off meeting was held on 7/23/2025 and the project team holds monthly coordination meetings.
2. Well 4 – Maggiora Brothers Drilling has been directed to clean and repair this Well as authorized at the 11/03/2025 Council meeting.
AGENDA
ITEM
12 Packet Pg. 29
BUILDINGS
Community Center Complex Project – The project is on schedule to be completed by 12/15/2025.
Current work includes interior painting, carpeting, concrete walkways in the courtyard, and site landscaping/irrigation. In mid-December, the County Library staff will begin installing equipment, furniture and shelving from the existing library in the Gonzales Shopping Center. The ribbon cutting ceremony is scheduled for 1/10/2026.
STREETS
1. 2025 Slurry Seal Contract – The contract with Pavement Coatings has been executed and the field work began with the contractor removing striping and cracking filling the streets to be slurry sealed.
The slurry seal work was completed on 11/7/2025.
2. Fourth Street Pavement Rehab – Harris Assoc is preparing the construction documents to reconstruct the 100 Block of Fourth Street and the 400 and 300 blocks of Alta Minor. Harris Assoc submitted 65% plans, technical specifications and cost estimate on 8/08/2025.
3. TAMC Safe Routes to School Program - Staff engaged TL Engineering to prepare several alternatives for pedestrian safety improvements along Fifth Street from the Southbound Highway 101 on/off ramps. On 5/09/2025 TL Engineering submitted draft alternatives for City staff review. Funding is a $250,000 RSTP grant from the TAMC.
4. TAMC Vision Zero – Staff met with the Vision Zero Project Manager on 7/11/2025 and discussed potential traffic safety project to be designed and implemented. On 8/28/2025 a draft list of safety projects was emailed for City staff’s review. The next South Valley team meeting is 11/19/2025 in the Community Room at the Police Station.
5. Fifth Street Truck Ban – The bid opening was 7/23/2025 and a single bid of $121,436 was received.
The contract with Chrisp Company was approved at the 9/15/2025 Council meeting. Funding is $16,788 in RSTP Fair Share Reserve Funds and $113,512 in a Mid-Cycle RSTP Grant from the Transportation Agency for Monterey County. We received the Caltrans Encroachment Permit. The contract has been executed, and staff is reviewing the contractor’s submittals.
SOLID WASTE
Quarterly Tri-Cities Franchise Agreements Meetings – The new 10-year contract with Tri-Cities Disposal was approved at the 6/16/2025 Council meeting. The most recent quarterly meeting with SVSWA, Tri-Cities Disposal and city staff was 11/12/2025.
OTHER EFFORTS
1. Salinas Valley Groundwater Sustainability Agency - It’s Gonzales turn to represent the four south valley cities on the GSA Board. The PW Director participated in the 9/11/2025 and 10/9/2025 board meetings and the next board meeting is 11/13/2025.
2. Geographic Information System (GIS) – City staff continues to work on the City’s GIS mapping system by inputting field data for water, sewer and storm drainage systems. Staff hold monthly meetings with ProWest (GIS consultant) to seek their assistance with our mapping efforts. Other mapping efforts include assessing sidewalks to map uplifted or missing sidewalk panels and performing a street sign inspection.
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WASTEWATER
Staff check the influent and effluent, run daily inspections and testing of Dissolved Oxygen levels, pH,and conductivity at the wastewater treatment plant on a daily basis.
Staff have been repairing several levies within the main ponds. Staff continue to empty Disposal Basin A to prepare it for the geotechnical and the grading work to restore its performance.
Staff provided weed control and rodent control at the wastewater treatment plant.
This work was executed on 10/27-10/31 of 2025.
WATER
Staff tests daily for chlorine residual, and maintenance on the water system. Staff repairs chlorine leaks and performs maintenance on the wells.
Well 4 is down for repairs. Maggiora Bros. will begin the process of cleaning Well 4 this week.
For the month of October, all water samples taken at the sampling stations for the water system tested negative for coliform.
There were 65 door tags issued last month, prior to water service shut off. We had 12 disconnects because of non-payment.
PARKS
Staff mows turf areas in the City parks regularly. Staff cleans restrooms, cleans trash, and make repairs in parks. Staff repair and maintain irrigation in Central and Centennial Park.
Staff continues to weed and clean Bio Swales and the redwoods regularly including trimming of hedges that need to be addressed.
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GOVERNMENT BUILDING
Staff clean the Vosti Center restrooms daily. Staff cleans the Council Chambers weekly. Staff orders all supplies for City buildings and disburses them appropriately.
STREETS
Staff continue to fill potholes. Staff made sandbags for the upcoming storm season.
Staff completed the cleaning and clearing of all alleys on the week of 10/20/2025-10/25/2025.
EVENTS
Staff participated in the Trunk or Treat event on 10/25/25 by assisting with the set up and clean-up.
Attachments:
1. Fall Cleanup Day Report
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City of Gonzales 2025 Fall REuse, REcycle & Cleanup Day Report October 23, 2025
Submitted to: Mayor & City Council of the City of Gonzales through the Office of the City Manager On October 18, 2025, the City of Gonzales held its fall REuse, REcycle & Cleanup Day event at Fairview Middle School. TriCities advertised the event to residential customers through social media and direct mail. The eventserviced one hundred thirty-eight (138) vehicle loads.
This event provideslandfill disposal vouchers for refrigerators and freezers at the Johnson Canyon Landfill. Bulky items such as mattresses and appliances are routed to the landfill for free recycling.
The event focuses on preventing illegal dumping, helping residents "clear the clutter," and promoting reuse and
donation. It facilitates source separation, recycling, and proper disposal of hazardous wastes, trash, appliances, mattresses, scrap metal, rigid plastics, and electronic waste.
Residents had access to free and safe disposal of ABOP
(Antifreeze, Batteries, Oil, and Paint) materials and sharps containers through Salinas Valley Recycles. Monterey
County Environmental Health coordinated a CalRecycle
grant-funded oil filter exchange (up to two vouchers for free filters) and provided free oil and filter collection kits.
Save the Whales collected stormwater surveys to support the city's stormwater management plan.
The event provided residents with 15 cubic yards of free compost from the City of Gonzales. Although it was
advertised prominently, the community did not take full advantage of this offering. We will continue to monitor the community desire for this material and will make adjustments to the amount available to residents. TCDRS delivered the leftover compost to the Gonzales Public Works yard.
The "Take it or Leave it" reuse area remains a big hit with the community. As anyone who has participated in these events knows, the reuse area contains many great finds. Our partnerships also enable us to support numerous community groups and non-profits.
Reuse Area Highlights:
• South County Animal Rescue: Four large bags of towels, linens, and blankets, one animal carrier, pet pads. • Volunteers collected formal and prom dresses for delivery to the MC Free Library's prom clothing program. • Approximately 80 pounds of children’s books were taken to two different outlets for distribution to kids.
From the Desk of: Maury Treleven
Special Projects Consultant,
Gonzales, Greenfield & Soledad
Tri-Cities Disposal & Recycling
831-262-2156 [email protected]
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Attachment: Fall Cleanup Day Report (3411 : Public Works/City Engineer Department Activity Report) We had an abundance of youth volunteers for this event from the Gonzales High School cross-country and track teams, Salinas Valley Recycles’ Youth Council, and Save the Whales CSUMB student volunteers. Volunteers provided 100 hours of community service assisting the community. The cross-country and track team will receive a $500 donation from TriCities Disposal & Recycling.
Thank you to our partners: Gonzales Unified School District, Trini Zavala, Monterey County Environmental Health, Save the Whales, and Salinas Valley Recycles.
2025 Fall Event
Diversion/Recycling: 8.01 tons Trash: 5.57 tons Total Collected: 13.58 tons Diversion Rate: 59% Cars/Trucks: 138 Total CUYD 275
Oil filter exchange: 33 Vouchers Sharps containers: 12
Note: This event will no longer track mattresses, freon, and non-freon appliances routed to the Johnson Canyon Landfill.
Respectfully submitted,
Maury Treleven
Item CUYD Fall
2025 Tons
Summer
2025 Tons
Fall
2024 Tons
Summer
2024 Tons
Average Tons
Per Event Day
2013-2023
Trash 120 5.57 6.58 5.91 11.09 6.59
Metal 80 4.33 5.95 3.28 4.37 3.86
E-waste 20 0.83 0.91 0.36 1.53 1.02
Rigid Plastics 40 0.62 0.95 0.33 0.51 0.58
Haz. Mat. (ABOP) VAN 0.54
(1,077 lbs.)
1.11 (2,226 lbs.)
0.27 (540 lbs.)
0.89 (1,779 lbs.)
0.67 (1,337 lbs.)
Clothing
Donations &
Reuse Area
15 1.69
(3,375 lbs.)
2.03 (4,050 lbs.)
2.13 (4,267 lbs.)
1.60 (3,200 lbs.)
1.46 (2,912 lbs.)
Packet Pg. 34
Attachment: Fall Cleanup Day Report (3411 : Public Works/City Engineer Department Activity Report) Free!¡Gratis!
Reuse, Recycling & Cleanup DayDía de Reutilización, Reciclaje y Limpieza Receive up to two free oil filters when you
bring in your used oil filters for recycling
Recibe hasta dos filtros de aceite gratis cuando
traigas los filtros usados de aceite para reciclarlos
Special Wastes Collection;
Including sharps in APPROVED containers
Colección de Residuos Especiales;
Incluyendo contenedores APROBADOS
para jeringas
Artículos Aceptados: Basura General, Donaciones de Ropa, TVs, Computadoras, Electrónicos, Artículos de Metal. Colchones y Electrodomésticos: Lleve GRATIS al Basurero Johnson Canyon. Refrigeradores y Congeladores: PRIMERO, recoja su vale de disposición GRATUITA en el evento. Nota: Todos los motores y transmisiones deben tener las bandejas retiradas y no tener líquidos o aceite.
Por favor NO MADERA o Maleza/Desperdicios de Jardín, Llantas, Muebles Grandes, Sofás, o Desechos Tóxicos (excepto los mencionados arriba).
Items Accepted: General Garbage, Clothing Donations, Electronics, TVs & Computers, Metal & Steel Items. Mattresses & Appliances: Take directly to Johnson Canyon Landfill for FREE. Refrigerators & Freezers: FIRST, pick up your FREE landfill disposal voucher at the event. Note: All engines and transmissions must have the pans removed and be drained of fluids. Please NO WOOD OR YARD WASTE, Tires, Large Furniture, Couches, Sofas, or Hazardous Waste (other than listed below).
Fairview Middle School
Saturday, October 18, 2025
sábado el 18 de octubre de 2025
8:00 AM—1:00 PM
or until boxes full
o hasta que los contenedores se llenen
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Attachment: Fall Cleanup Day Report (3411 : Public Works/City Engineer Department Activity Report) FREE! Cleanup Day Event ¡Evento Gratis! Día de Limpieza Saturday/sábado, October 18, 2025 Gonzales Residents ONLY—SOLAMENTE Habitantes de Gonzales Bring this flyer with you! Good for one FREE load at cleanup event ¡Traiga este folleto con usted! Bueno para una carga GRATIS en el evento de limpieza Don’t litter! Cover & secure your load! ¡No tires basura! ¡Cubre y asegura tu carga! City of Gonzales Free Community-wide Garage Sales: Saturday & Sunday, October 11 & 12 • Sign up by 4 PM October 10 Register at City Hall or online: https://tinyurl.com/Garage-Sales Clear the clutter & make some money • Does not affect your annual garage sale limit • We advertise your sale on our website & social media • After sales, bring your unsold items for donation, trash & recycling to the cleanup event on October 18 Bring a shovel and container to collect
your compost. First come, first served—
While supplies last!
Traiga su pala y un contenedor para llevar.
Primero en llegar, primero en ser atendido—¡Hasta agotar existencias! Tri-Cities Disposal & Recycling 10 Ryan Ranch Road Monterey, CA 93940 888-678-6798 Tri-CitiesDisposal.com Ciudad de Gonzales Ventas de Garaje Gratis: sábado y domingo, octubre 11 y 12 • Regístrese antes de 4 PM del 10 de octubre Regístrese en el Ayuntamiento o en línea: https://tinyurl.com/Garage-Sales Despeja el desorden y gana algo de dinero • No afecta su límite anual de venta de garaje • Anunciamos su venta en nuestro sitio web y redes sociales • Después de la venta, traiga sus artículos no vendidos para donación, basura y reciclaje para el evento de limpieza el 18 de octubre Take our Customer Survey
Responda Nuestra Encuesta
Register to win a $50
grocery gift card
Regístrese para ganar
una tarjeta de regalo
de comestibles de $50
Encuesta en Español
SurveyMonkey.com
/r/TRICITYSP
Survey in English
SurveyMonkey.com
/r/TRICITYEN
FREE Compost Giveaway!
¡Daremos Abono GRATIS!
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Attachment: Fall Cleanup Day Report (3411 : Public Works/City Engineer Department Activity Report) City of Gonzales
FINANCE DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: November 17, 2025
FROM: Mike Howard, Finance Director
THROUGH: Carmen Gil, City Manager
SUBJECT: 2025 Annual Public Financing Authority Report
RECOMMENDATION
It is recommended that your Council and Board Accept the 2025 Annual Public Financing Authority Report.
BACKGROUND
The Authority is in place to facilitate and oversee the issuance of bonds and other financing instruments like Tax Allocation Notes, Private Placement Borrowings, and lease purchases.
It is required for the Public Finance Authority Board (PFAB), which is comprised of the City Council as Agency Board Members, to present an Annual Report.
REVIEW AND ANALYSIS
The following summary illustrates the City debt and the Gonzales Successor Agency debt as of June 30, 2025:
CITY DEBT Current Amount Original Amount
Solar Lease #1 $315,559.64 $2,697,589.00
Solar Lease #2 779,989.14 1,679,188.88
Pool Loan 709,732.00 1,575,000.00
Community Center 9,825,000.00 9,825,000.00
Total $11,630,280.78 $18,873,803.43
AGENDA
ITEM
13 Packet Pg. 37
SUCCESSOR AGENCY DEBT
2015 TARB 3,857,769.00 8,206,400.00
2016 TARB 3,180,000.00 5,106,000.00
Total $7,037,769.00 $13,812,400.00
The Fiscal Year 2025-2026 City and Agency Approved Budgets include sufficient resources to honor the debt service obligations. These resources are included in the General Fund (Fund 100), Gonzales Successor Agency Fund (Fund 475), and the Solar Project Fund (Fund 330).
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 Annual PFAB Report, while somewhat of a ministerial action, is a significant financial item presented to your Council and Board for review. It supports the Vision, because it provides information on the outstanding debt of the City and Agency necessary to make sure that resources are being allocated prudently.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ___No ___ NA
Explain: The various debt vehicles used and held by the City and Agency, are important because they allow the construction infrastructure and public improvements necessary to enhance the quality of life. For example, (a) the RDA debt was used to improve the downtown, to develop the Gonzales Agriculture Industrial Business Park, build the new Police Station, share in the cost of the Joint-Use Gymnasium with the School District, and seed the business loan program and lowmoderate housing rehabilitation loan program; (b) the 2005 Private Placement was used to expand the sewer plant and construct the two 3 million-gallon water storage tanks; (c) the lease financing has been utilized for the City’s solar projects and the rehabilitation of the Gonzales Community Pool; and (d) the Community Center Loan has been used for the construction of phase 1 of the City Community Center.
City services will be delivered in a cost-effective, respectful and friendly manner to ensure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. ___ Yes ___No X NA Explain: This Report strives to be straightforward and provide the information in an easy-tounderstand manner.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing X Yes No N/A
• Recreation X Yes No N/A
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• Environment X Yes No N/A
• Education X Yes No N/A
Explain: Please see above.
ALTERNATIVES
Alternatives include not providing the Report, which is not recommended and/or changing the format of the Report.
BUDGET IMPACT
There are no financial impacts as a result of this item.
CONCLUSION
It is recommended that your Council and Board accept the 2025 Annual Public Financing Authority Report.
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City of Gonzales
PUBLIC WORKS / CITY ENGINEER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: November 17, 2025
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, City Manager
SUBJECT: Resolution No. 2025-80 Accepting the 2025 Slurry Seal Contract as Complete
RECOMMENDATION
It is Recommended that the City Council Adopt Resolution No. 2025-80, A Resolution of the City Council of the City of Gonzales Accepting the 2025 Slurry Seal Contract as Complete, Authorizing Staff to File a Notice of Completion with the County Recorder and Direct Staff to Release Retention Monies to the Contractor After the Notice of Completion is Recorded.
BACKGROUND
A slurry seal is a preventive roadway maintenance treatment that involves the application of a mixture of water, asphalt emulsion, aggregate (very small, crushed rock), and additives to an existing pavement surface. Applying a slurry seal protects streets from water penetration, provides a new surface with improved skid-resistance, and extends the life of the pavement.
The streets that received the slurry seal under this contract were in the Canyon Creek subdivision, the Industrial Businesses Park and the block of Fourth Street in front of City Hall.
City staff prepared the construction documents (plans, technical specifications, and cost estimate) for this contract. The scope of work consisted of surface preparation, crack seal, traffic control, application of the slurry seal, and replacement of traffic striping and markings.
AGENDA
ITEM
14 Packet Pg. 40
REVIEW & ANALYSIS
This project was issued for public bid on June 26, 2025 and construction documents were provided to the Central Coast Builders Exchange in Salinas and the Santa Clara/San Benito County Builders Exchange for review by interested contractors. On July 23, 2025, City staff received and opened bids from the following contractors:
BIDDER BID AMOUNT
1 VSS International $253,211
2 Graham Contractors $240,942
3 Pavement Coatings Company $226,500
The City Council awarded the contract to Pavement Coatings Company at the August 4, 2025 Council Meeting.
MNS Engineers performed Construction Management/Inspection services on the project. Their efforts included material submittal reviews, field inspections, coordinating with the contractor on the advance notices to residents along affected streets, and reviewing/processing progress payments.
A preconstruction meeting was held on September 19, 2025, field work began on October 7, 2025, and punch list items were completed on November 5, 2025. Staff recommend that the City Council accept the contract as complete and direct staff to record a Notice of Completion with the County Recorder.
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: Completing the Slurry Seal Contract supports our visions by improving City infrastructure.
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 Slurry Seal Contract was an important street maintenance task that supports the City’s efforts in maintaining city streets.
City services will be delivered in a cost-effective, respectful and friendly manner to ensure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.
Explain: See Vision explanation above.
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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
a) Direct staff to not accept this project.
b) Amend or modify staff recommendation.
BUDGET IMPACT
This contract was funded with a combination of City street funds and assessment district funds.
CONCLUSION
It is Recommended that the City Council Adopt Resolution No. 2025-80, A Resolution of the City Council of the City of Gonzales Accepting the 2025 Slurry Seal Contract as Complete, Authorizing Staff to File a Notice of Completion with the County Recorder and Direct Staff to Release Retention Monies to the Contractor After the Notice of Completion is Recorded.
Attachments:
1. Resolution No. 2025-80
2. 2025 Slurry Seal Contract Notice of Completion
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RESOLUTION NO. 2025-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES ACCEPTING THE 2025 SLURRY SEAL CONTRACT AS COMPLETE,
AUTHORIZING STAFF TO RECORD A NOTICE OF COMPLETION
WITH THE COUNTY RECORDER AND DIRECT STAFF TO RELEASE
RETENTION MONIES TO THE CONTRACTOR AFTER THE
NOTICE OF COMPLETION IS RECORDED
WHEREAS, staff issued the 2025 Slurry Seal Project for bid on June 26, 2025; and on July 23, 2025 the City received and opened three bids for the project, and WHEREAS, at the August 4, 2025 City Council Meeting, a $226,500 contract with Pavement Coatings Company was approved; and
WHEREAS, Pavement Coatings Company began field operations on October 7, 2025 and construction was deemed complete on November 5, 2025; and NOW THEREFORE BE IT HEREBY RESOLVED by the City Council of the City of Gonzales that the 2025 Slurry Seal Contract is hereby accepted.
BE IT FURTHER RESOLVED that within ten days of adoption of this Resolution, City staff shall file with the County Recorder a Notice of Completion and release retention monies to the Contractor.
PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting duly held on the 17th day of November 2025 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Jose Rios, The Honorable Mayor
ATTEST:
Mary Villegas, Deputy City Clerk
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Attachment: Resolution No. 2025-80 (3405 : Resolution No. 2025-80 Accepting the 2025 Slurry Seal Contract as Complete) Recording requested by:
CITY OF GONZALES
147 Fourth Street
Gonzales, CA 93926
And when recorded mail copy to:
CITY OF GONZALES
Public Works Department
PO Box 647
Gonzales, CA 93926
No Recording fee – Government Code § 27383 Space above this line for Recorder’s use
NOTICE OF COMPLETION
NOTICE IS HERBY GIVEN that the City of Gonzales, a municipal corporation, on August 4, 2025, entered into a contract with Pavement Coatings Company wherein said contractor agreed to complete all work for the 2025 Slurry Seal Contract according to plans and specifications furnished by the City of Gonzales.
That the work under said contract was completed by the contractor, or assignee, and accepted by the City of Gonzales on November 17, 2025. Project is on publicly owned property, and the property interest of the City of Gonzales is in fee.
That the property involved in said contract is situated in the City of Gonzales, County of Monterey, State of California, and the work consisted of:
1. Mobilization
2. Traffic control
3. Remove traffic striping and markings
4. Crack treatment
5. Slurry seal selected streets per project plans
6. Install traffic striping and markings
City of Gonzales
_______________________________________________
Patrick M. Dobbins, Public Works Director/City Engineer VERIFICATION:
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Executed on _____________________________, 2025 at Gonzales City Hall, California _______________________________________________
Patrick M. Dobbins, Public Works Director/City Engineer Packet Pg. 44
Attachment: 2025 Slurry Seal Contract Notice of Completion (3405 : Resolution No. 2025-80 Accepting the 2025 Slurry Seal Contract as City of Gonzales
PUBLIC WORKS / CITY ENGINEER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: November 17, 2025
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, City Manager
SUBJECT: Resolution No. 2025-81 Lease Agreement with the County of Monterey for the New Gonzales Branch Library
RECOMMENDATION
It is recommended that the City Council Adopt Resolution No. 2025-81, A Resolution of the City Council of the City of Gonzales Approving and Authorizing Execution of a Lease Agreement with the County of Monterey for the new Gonzales Branch Library.
BACKGROUND
Phase 1 of the Dennis and Janice Caprara Community Center Complex Project includes relocating the Gonzales Branch Library from the Gonzales Shopping Center to a 5000 square foot area at the Community Center site at 620-630 Fifth Street in Gonzales.
The City was successful in receiving a $1.0M State Library Building Forward grant and the County contributed $1.8M toward constructing the library.
REVIEW & ANALYSIS
Over the last twelve months, city and county staff and legal counsel, with the assistance of the Harris & Associates Construction Manager, have developed the attached lease agreement. The major points of the lease agreement are:
1. The lease agreement has a 20-year initial term with the option of two additional, 10-year extensions
2. The County is providing all furniture, fixtures, books, and equipment AGENDA
ITEM
15 Packet Pg. 45
3. The County will not pay rent during the initial 20-year term. This is the normal process; cities build a library for the County to staff and operate. City will have the right to charge rent, at not more than the fair market value of the premises after the expiration of the initial term.
4. The County will pay for all utilities (water, sewer, electricity, solid waste and internet) Exhibit C of the agreement titled “Summary of Services and Utilities” indicates which entity is responsible for each specific item. Exhibit D titled “Summary of Repair and Maintenance Responsibilities” lists the maintenance and repair responsibilities of the City and County.
The Lease Agreement will be presented for County approval at the December 9, 2025 Board of Supervisors meeting. Library staff plan to begin moving into the new library space on December 15, 2025. Staff is recommending City Council approval of the Lease in substantial form and content in the event any minor changes are recommended or made during the Supervisor’s meeting.
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: Constructing a Community Center will provide residents with a facility for a wide variety of public and private functions, recreation programs and other activities which will enhance the quality of life of Gonzales residents.
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: See explanation above for the Mission.
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 Vision explanation above.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes __X_ No NA
• Housing Yes __X_ No NA
• Recreation X Yes ___ No NA
• Environment X Yes ___ No NA
• Education X Yes ___ No NA
Explain: See Vision above.
ALTERNATIVES
Amend or modify staff’s recommendation.
Packet Pg. 46
BUDGET IMPACT
The County will pay for all utilities and other operational costs under the Lease Agreement. The County contributed $1.8M toward the construction of the new library space.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Approval of this lease agreement is exempt from the California Environmental Quality Act (CEQA) under Section 15332, Class 32 “In-fill Development” as the City Council adopted a Categorical Exemption to CEQA for the Community Center Complex project in May 2022. The Categorical Exemption was based on the project being deemed consistent with applicable city general plan designation, policies and zoning; it’s on a site less than five acres surrounded by urban uses; has no value as habitat for endangered species; and can be adequately served by all required utilities and public services.
CONCLUSION
It is recommended that the City Council Adopt Resolution No. 2025-81, A Resolution of the City Council of the City of Gonzales Approving and Authorizing Execution of a Lease Agreement with the County of Monterey for the new Gonzales Branch Library.
Attachments:
1. Resolution No. 2025-81
2. Library Lease Agreement
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RESOLUTION NO. 2025-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
APPROVING AND AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH THE
COUNTY OF MONTEREY FOR THE NEW GONZALES BRANCH LIBRARY
WHEREAS, Phase 1 of the Dennis and Janice Caprara Community Center Complex Project includes relocating the County Gonzales Branch Library from leased space in the Gonzales Shopping Center to the Community Center Complex site; and
WHEREAS, the new County Library will occupy approximately 5,000 square feet of space at the Community Center Complex; and
WHEREAS, City and County staff and legal counsel prepared and negotiated the attached lease agreement which includes:
• A 20-year initial term with the option of two additional, 10-year extensions • The County is providing all furniture, fixtures, books, and equipment for the new library • The County will pay all utilities (water, sewer, electricity, solid waste and internet); and WHEREAS, the Lease Agreement will be presented for County approval at the December 9, 2025 Board of Supervisors meeting and County staff plan to begin moving into the new library space on December 15, 2025; and
WHEREAS, approval of this lease agreement is exempt from the California Environmental Quality Act (CEQA) under Section 15332, Class 32 “In-fill Development” as the City Council adopted a Categorical Exemption to CEQA for the Community Center Complex project in May 2022; and WHEREAS, City staff recommends the City Council authorize execution of a lease agreement with the County of Monterey for the new Gonzales Branch Library.
NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Gonzales that the “County of Monterey Lease Agreement,” a copy of which is attached hereto as Exhibit A and by this reference incorporated herein, is hereby approved in substantial form and content and the City Manager is authorized to execute the Lease Agreement with the County of Monterey for the new Gonzales Branch Library.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 17
th day of November 2025, 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
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Attachment: Resolution No. 2025-81 (3409 : Resolution No. 2025-81 Gonzales Library Lease Agreement) 630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 1
EXHIBIT A
COUNTY OF MONTEREY
LEASE AGREEMENT
LEASED PREMISES: 630 Fifth Street
Gonzales, California, 93926
DEPARTMENT: Monterey County Free Libraries
LESSOR: City of Gonzales
147 Fourth Street, Gonzales, California, 93926
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Attachment: Library Lease Agreement (3409 : Resolution No. 2025-81 Gonzales Library Lease Agreement) 630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 2
COUNTY OF MONTEREY
LEASE AGREEMENT
PREAMBLE
THIS LEASE AGREEMENT (hereafter, “Lease” or “Lease Agreement”) is made by and between CITY OF GONZALES ("LESSOR") and the COUNTY OF MONTEREY ("LESSEE"), a political subdivision of the State of California (“LESSEE”) (sometimes collectively referred to as the “Parties” and singularly as the “ Party”) for the Monterey County Free Libraries (MCFL) as of the date opposite the respective signatures below (the Execution Date”), and effective as of the “Lease Commencement Date” as defined in Section 2.1 “Lease Term”.
WHEREAS, LESSOR is constructing the Dennis and Janice Caprara Community Center Complex (“Community Center”) located at located at 620-630 Fifth Street in Gonzales, CA. It will include a new Library facility of approximately 5,000 square feet in its First Phase of construction. The First Phase will also include a Teen Innovation Center, a conference room, restrooms, a courtyard and an amphitheater.
WHEREAS, LESSEE proposes to maintain, operate and provide library services at the new Library facility and will provide cost share funding in return for no cost lease during the agreed upon initial lease term.
WHEREAS, the Parties understand and agree the following Lease Exhibits are incorporated by this reference:
EXHIBIT A1 DESCRIPTION OF PREMISES (FLOOR PLAN)
EXHIBIT A2 COMMUNITY CENTER SITE PLAN
EXHIBIT B STATEMENT OF SEISMIC ADEQUACY
EXHIBIT C SUMMARY OF SERVICES AND UTILITIES
EXHIBIT D SUMMARY OF REPAIR AND MAINTENANCE RESPONSIBILITIES
EXHIBIT E CUSTODIAL SERVICE SPECIFICATIONS
EXHIBIT F REMEDIATION CONTRACTOR SPECIFICATIONS
EXHIBIT G SERVICE CONTACT LIST
EXHIBIT H PROP 65 WARNING
EXHIBIT I LEASE COMMENCEMENT AGREEMENT
LESSOR and LESSEE hereby agree as follows:
ARTICLE 1 – PREMISES
1.1 Description: LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR, upon the terms and conditions herein set forth, that certain real property and its appurtenances, situated at 630 Fifth Street in Gonzales, California and described as follows: Public Library consisting of approximately 5,000 square feet of space, (the "Premises"), as designated in EXHIBIT A1 - DESCRIPTION OF PREMISES - Current Basic Floor Plan, which is attached and incorporated by this reference. The term “square feet” shall be defined and measured from the outside finished surface of permanent outer building walls and to the center of the existing interior or common walls and does not include any portions of the roof, attic or crawl space.
1.2 Common Areas: LESSEE shall also have rights to use at mutually agreed upon times, any and all of the following areas which may be appurtenant to the Premises: Common entrances, lobbies, and access ways, loading and unloading areas, visitor parking areas, ramps, drives, platforms, restrooms, and common walkways and sidewalks necessary for access to the Premises, and any other public or common area located within or appurtenant to the building or complex (collectively, the “Common Area”).
1.3 Parking Areas: LESSEE shall have the right to use unreserved vehicle parking spaces appurtenant to the Premises as detailed on EXHIBIT A2 – COMMUNITY CENTER SITE PLAN, which is attached and incorporated by this reference.
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Attachment: Library Lease Agreement (3409 : Resolution No. 2025-81 Gonzales Library Lease Agreement) 630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 3
1.4 Compliance with the "Americans with Disabilities Act of 1990" (ADA): LESSOR shall ensure that the Premises are in compliance with the Americans with Disabilities Act of 1990 ("ADA"), as may be amended from time to time, and, if necessary, prior to the Commencement Date, shall modify the Premises to comply with the Act and the regulations promulgated to implement the ADA requirement.
1.5 Compliance with “No Smoking Law” (2003 Assembly Bill 846): LESSOR shall ensure that the Premises and the nonexclusive areas of the building as described in Article 1.2 are in compliance with Government Code Title 1, Division 7, Chapter 32 (commencing with section 7596), as amended, and, if necessary, prior to the Commencement Date, shall modify the Premises to comply with the law and the regulations promulgated to implement 2003 Assembly Bill 846.
Notwithstanding the foregoing, LESSEE shall be responsible for ensuring that LESSEE’s employees, agents, contractors and invitees comply with the foregoing statutes and regulations. If necessary, LESSEE shall provide LESSOR with appropriate signage for LESSOR to install at the Premises.
ARTICLE 2 - TERM
2.1 Lease Term: The Term of this Lease (the “Lease Term”) shall be for a period of twenty (20) years, commencing upon (i) issuance of a certificate of occupancy for the Premises, by the City of Gonzales and (ii) the date of LESSEE’s final walkthrough of the Premises, whichever is later (“Lease Commencement Date”). The Lease Term shall expire twenty (20) years from the Lease Commencement Date, with such rights of termination or extension set forth herein.
Within thirty (30) days after the occurrence of both (i) and (ii), LESSOR and LESSEE shall execute a separate Lease Commencement Agreement letter (“Lease Commencement Agreement”), which shall confirm the actual Lease Commencement Date and the Lease Expiration date. A copy of the Lease Commencement Agreement is attached as Exhibit I – LEASE COMMENCEMENT AGREEMENT to this Lease.
2.2 Extended Term: This Lease may be extended, upon mutual agreement of the Parties, for two additional terms of not more than ten (10) years each, unless either Party gives the other written notice at least eighteen (18) months in advance of the end of the term that it has determined not to extend the Lease. Any extension shall be conditioned upon: 1) The absence of LESSEE’s default as to any material provision in the Lease, and, 2) LESSOR’s right to charge, and LESSEE’s willingness to pay, not more than the fair market value of the Premises as determined by a mutually agreed upon appraiser, the cost of which the Parties will share on a equal basis.
ARTICLE 3 – FINANCIAL CONTRIBUTION
3.1 Rent: In consideration of the LESSEE’s financial contribution in the amount of One Million Eight Hundred Thousand Dollars ($1,800,000.00) for design and construction of the new facility. The LESSOR shall not charge the LESSEE rent during the Initial Lease Term for LESSEE’s use of the Premises so long as the Premises are used for the intended purpose as described in Article 10.1. In addition, LESSEE shall contract and pay directly to its vendors for its responsibilities as outlined in EXHIBIT C–SUMMARY OF SERVICES AND UTILITIES which is attached and incorporated by this reference and EXHIBIT D SUMMARY OF REPAIR AND MAINTENANCE RESPONSIBILITIES which is attached and incorporated by this reference.
ARTICLE 4 – FURNITURE FIXTURES AND EQUIPMENT
LESEE shall provide its own library furniture, fixtures and equipment (FF&E). LESSOR will also install all the infrastructure conduits and conductors, for “plug-in ready” of library equipment. More specifically:
1) LESSEE will be responsible for providing all Library FF&E. This may include utilizing existing furniture and purchasing select new fixtures and equipment – moving the library and its equipment is the responsibility of LESSEE. LESSEE shall be responsible for hiring all movers at LESSEE’s cost. LESSOR shall coordinate with LESSEE’s contractor to provide an appropriate moving window. 2) LESSEE to pursue and arrange for internet connectivity for the library building & library site improvements.
LESSOR will pursue and arrange for internet service for rest of Community Center. 3) LESSOR has pursued and obtained a State library grant for life safety and ADA improvements. LESSOR is grantee and will handle management of the California State Library Building Forward grant. LESSEE will handle library operations.
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4) LESSEE has obtained Board budget approval for library funding for its pro rata share of construction, technology and FF&E contributions and costs.
ARTICLE 5 - TERMINATION BY LESSOR AND LESSEE
During the term of this Lease or any extension thereof, either Party may terminate the Lease by giving the other Party written notice at least eighteen (18) months advance notice of the effective date of termination.
ARTICLE 6 - NOTICES
All notices or correspondence provided for herein shall be effective only when made in writing, personally delivered or deposited in the United States mail, certified, postage prepaid, return receipt requested, and addressed as follows:
To LESSOR: City of Gonzales To LESSEE: County of Monterey c/o City Manager PWFP-Real Property Section
147 Fourth Street
Gonzales, California, 93926
c/o Real Property Specialist
1441 Schilling Place, South Bldg.
Phone: 831-675-5000 Salinas, California 93901
Email: [email protected] Phone: 831-755-4800
Email: [email protected]
Any notice or correspondence shall be deemed delivered upon personal delivery or upon receipt if mailed.
Correspondence other than notices may be given by phone, regular mail, email or facsimile. Any correspondence sent by facsimile shall also be sent by United States mail if requested by either Party. By written notice to the other, either Party may change its own mailing address or correspondence information.
LESSOR may be contacted by LESSEE by phone or email during regular business hours, and for after-hour needs and weekends, the on-call Public Works staff for the LESSOR can be reached at (831) 580-7139.
LESSEE shall be available to LESSOR, by phone during regular business hours, and for emergencies after hours and on weekends. LESSEE shall subscribe to a 24-hour, seven (7) days a week emergency answering service that maintains contact phone numbers of key personnel or maintenance/service companies in the event of an emergency.
Emergency answering service phone number for LESSEE is 831-212-0378 (Public Works Facilities after hours “on call” staff).
ARTICLE 7 - PREMISE IMPROVEMENTS
[ INTENTIONALLY LEFT BLANK]
ARTICLE 8 - PUBLIC WORKS LAWS
Pursuant to California Labor Code Section 1720.2, as applicable, any construction work done under private contract to improve the space to be leased by the County of Monterey for government services may be considered a “public work” when all of the following conditions exist: a) The construction contract is between private persons. (b) The property subject to the construction contract is privately owned, but upon completion of the construction work, more than fifty percent (50%) of the assignable square feet of the property is leased to the state or a political subdivision for its use. (c) Either of the following conditions exist: (1) The lease agreement between the LESSOR and the state or political subdivision, as LESSEE, was entered into prior to the construction contract. (2) The construction work is performed according to plans, specifications, or criteria furnished by the state or political subdivision, and the lease agreement between the LESSOR and the state or political subdivision, as LESSEE, is entered into during, or upon completion of, the construction work.
If applicable, LESSOR shall comply with provisions of law governing public works including, without limitation, California Labor Code Sections 1773, 1773.2, 1773.3, 1773.8, 1775 (payment of prevailing wages), 1776 (payroll records), and 1777.5 (employment of apprentices) as may be amended from time to time.
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Attachment: Library Lease Agreement (3409 : Resolution No. 2025-81 Gonzales Library Lease Agreement) 630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 5
ARTICLE 9 - TIME LIMIT AND PRIOR TENANCY
[ INTENTIONALLY LEFT BLANK]
ARTICLE 10 - USE
10.1 Use: LESSEE shall use the Premises as a library and for library programs serving (but not limited to) the Gonzales community.
LESSEE may reserve and use other Community Center facilities, if available, for library programs and library activities. Reservations shall be made in advance with the designated coordinator.
10.2 Compliance with Laws: LESSOR represents and warrants to LESSEE that, to the best of LESSOR's knowledge, the construction (including all LESSOR constructed Premise Improvements), the current and proposed uses, and the operation of the Premises and Common Area are or will be in full compliance with applicable building, environmental, zoning and land use laws, and other applicable local, state and federal laws, regulations and ordinances. LESSOR absolves LESSEE of legal or other responsibility for any code violations or other deviations from applicable local, state and federal laws, regulations and ordinances as may be listed above. Said absolution excludes LESSEE installed improvements to the Premises such as phone/data cabling, support equipment, trade fixtures, and any other equipment installed by LESSEE and used to meet LESSEE’s operational needs.
10.3 Hazardous Substances: LESSEE shall have no liability or responsibility for toxic or hazardous materials or substances in existence on the Premises or which result from LESSOR's acts or omissions or which occur on any portion of LESSOR's property not occupied by LESSEE, in each case unless, and only to the extent, caused by LESSEE. LESSOR will comply with all applicable laws concerning the handling and removal of any hazardous materials, including asbestos or polychlorinated biphenyl (PCB) containing materials. LESSOR warrants, to the best of LESSOR’s actual knowledge, that at the time of execution of this Lease, there are no known areas on LESSOR's property where hazardous or toxic materials or substances (including asbestos or PCBs) have been used, stored, or deposited. Nothing in this Lease shall be taken as LESSEE’s assumption of any duty or liability not otherwise imposed by law.
10.4 Environmental Hazards – Remediation Contractor Specifications: LESSOR hereby warrants and guarantees that the Premises and Common Areas will be maintained free of all Environmental Hazards (including hazards related to asbestos, leads, toxic mold spores or PCBs) and agrees to survey, test, and abate as applicable and in accordance with Environmental Protection Agency (“EPA”) guidelines. A qualified industrial hygienist, selected by LESSOR from Exhibit G, shall perform all testing and development of an abatement work plan as deemed necessary, with the test results/reports/plans forwarded to LESSOR and LESSEE upon completion. LESSOR further agrees to contract with a qualified remediation contractor to provide remediation services as specified in EXHIBIT E – REMEDIATION CONTRACTOR SPECIFICATIONS on an as needed basis. LESSOR specifically agrees that any costs related to abatement of Environmental Hazards shall be the LESSOR’s responsibility unless, and only to the extent, caused by LESSEE, its agents, employees, invitees or guests.
LESSEE shall immediately notify LESSOR of any suspected appearance of toxic mold spores and of any conditions (such as excessive moisture) that may lead to the appearance of toxic mold spores, and LESSOR agrees to investigate same.
LESSEE may request that LESSOR hire a qualified industrial hygienist to perform indoor air quality testing/surveying for the Premises and the Common Areas of the building as described in Article 1.2 with the understanding that if test results reveal that unacceptable levels (as determined by EPA guidelines) of Environmental Hazards are not present, LESSEE will reimburse LESSOR the cost of the testing within thirty (30) days of receipt of an invoice from LESSOR.
By providing for and requesting air quality testing, LESSOR’s duties and obligations are not diminished and LESSEE does not assume or agree to share in LESSOR’s duties and obligations in respect of maintenance of the Premises.
10.5 Acceptance of Premises: By entry hereunder, LESSEE accepts the Premises as being in good and sanitary order, condition and repair.
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Attachment: Library Lease Agreement (3409 : Resolution No. 2025-81 Gonzales Library Lease Agreement) 630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 6
ARTICLE 11 - SIGNS AND FIXTURES
LESSEE may place such signs and advertisements upon the Premises as LESSEE may desire, subject to compliance with applicable law and approval by the LESSOR, provided however, that at the expiration of the term hereof or any renewal or extension of this Lease, LESSEE will remove said signs and will repair any damage caused by such removal.
Any trade fixtures, equipment, furniture, demountable walls, and other property installed in the Premises by and at the expense of the LESSEE shall remain the property of the LESSEE. LESSOR agrees that the LESSEE shall have the right at any time, and from time to time, to remove any and all of its trade fixtures, equipment and other property which it may have stored or installed in the Premises, at LESSEE’s sole discretion, provided that LESSEE repairs any damage caused by such removal at its own expense. LESSEE’s right to remove property described in the immediately forgoing sentence shall become an obligation of LESSEE at the expiration or earlier termination of the Lease Term. The LESSOR agrees not to mortgage or pledge the LESSEE's trade fixtures, equipment and other property owned by LESSEE.
ARTICLE 12 - SERVICES AND UTILITIES
Services and utilities shall be furnished and the cost borne as outlined in EXHIBIT C - SUMMARY OF SERVICES AND UTILITIES. As stated in EXHIBIT C, the term “adequate” shall mean sufficient enough to ensure the health, safety and general well-being of the occupants or invitees of the Premises; the term “deemed necessary” shall mean that LESSOR and LESSEE are in agreement that appropriate action needs to be taken to ensure the health, safety and general well-being of the occupants and or invitees of the Premises.
ARTICLE 13 - REPAIR AND MAINTENANCE
13.1 LESSOR and LESSEE Obligations: The respective repair and maintenance responsibilities of LESSOR and LESSEE are set forth in EXHIBIT D – SUMMARY OF REPAIR AND MAINTENANCE RESPONSIBILITIES.
As stated in EXHIBIT D, or elsewhere in this Lease, the term “deemed necessary” shall mean that LESSOR and LESSEE are in agreement that appropriate action needs to be taken to ensure the health, safety and general well-being of the occupants and/or invitees of the Premises.
13.2 Negligent Acts or Omissions of LESSEE: Notwithstanding the foregoing, LESSEE will pay to LESSOR upon demand the reasonable cost of any repairs or maintenance required as a direct result of negligent acts or omissions, or which is otherwise the fault, of LESSEE.
13.3 Failure of LESSEE to Make Repairs: If LESSEE refuses or neglects to maintain the Premises or to make repairs as required by EXHIBIT D as soon as possible after written request, (except no written demand shall be required in situations LESSOR determines are emergencies), LESSOR may, upon thirty (30) days prior written notice to LESSEE (except that no notice shall be required in situations LESSOR determines are emergencies), perform such maintenance or repairs at its expense and LESSEE shall thereafter reimburse LESSOR for all costs of repair and/or maintenance within thirty (30) days of receipt of invoice or invoices for such work. The Parties agree that emergency maintenance or repair work is work that is necessary to carry out on an expedited basis in order to protect the health and safety of persons or public property.
Notwithstanding the advance notice waiver referenced above, LESSOR shall make a good-faith effort by telephone or electronic mail to contact LESSEE before commencing emergency work. For purposes of this Agreement, the definition of emergency or emergencies shall refer to immediate or imminent threat to life, health, safety, significant or irreversible damage to personal or real property.
13.4 Failure of LESSOR to Make Repairs:
If LESSOR refuses or neglects to maintain the Premises or to make repairs as required by EXHIBIT D as soon as possible after written request, (except no written demand shall be required in situations LESSEE determines are emergencies), LESSEE may, upon thirty (30) days prior written notice to LESSOR (except that no notice shall be required in situations LESSEE determines are emergencies), contract to have such maintenance or repair work done by an appropriate vendor identified in EXHIBIT G- SERVICE CONTRACT LIST, a copy of which is attached hereto an incorporated herein by this reference, at its expense. LESSOR shall thereafter reimburse LESSEE for all costs of repair and/or maintenance within thirty (30) days of receipt of invoice or invoices for such work. The Parties agree that emergency maintenance or repair work is work that is necessary in carry out on an expedited basis in order to protect the health and safety of persons or public property. Notwithstanding the advance notice waiver referenced above, LESSEE shall make a good-faith effort by Packet Pg. 54
Attachment: Library Lease Agreement (3409 : Resolution No. 2025-81 Gonzales Library Lease Agreement) 630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 7
telephone or electronic mail to contact LESSOR before commencing emergency work.
13.5 LESSOR/LESSEE Obligations in Applying Noxious Substances: LESSOR, its officers, employees, and agents shall not apply or install any substance as part of any building construction, remodel, renovation, maintenance or repair which would cause an injurious, unsafe or hazardous condition to occupied spaces without prior notification of the LESSEE. Prior notification and approval shall be made at least 48 hours prior to the desired application or installation time to the LESSEE as identified under Article 6. Also, a Product Safety Data Sheet shall be furnished by the proposed applicator or installer to the LESSEE. Examples of such substances or materials may include, but are not limited to, the following:
a. Termite Control Materials
b. Pesticides
c. Paint (excluding routine minor touch up in the common areas) d. Water Treatment Chemicals
e. Carpeting, Pressed Wood Products, Insulation, Plastics and Glues f. Texture and Joint Compounds
g. Roofing Material
h. Construction Cleaning Solutions
i. Any other substance that is or could be construed as hazardous (excluding common janitorial cleaning supplies)
In the event of any building construction, remodel, renovation, maintenance or repair to the Premises or other areas to the building which the Premises is a part of, LESSOR, to the best of LESSOR’s ability, shall exercise precautionary and protective measures to ensure the health, safety and general well-being of the occupants and or invitees of the Premises. Examples of precautionary and protective measures may include, but may not be limited to:
a. Isolating or disconnecting heating ventilation and air-conditioning (HVAC) systems. b. Performing work on the weekends and/or outside normal business hours. c. Installing appropriate plastic containment systems for egress and egress to and from the building construction, remodel, renovation, maintenance or repair area.
d. Using a HEPA vacuum to clean up dust and debris from the Premises after work is done. e. Compliance with the United States Department of Labor, Occupational Safety and Health Administration (OSHA) and State of California, Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA) regulations.
No activities shall be taken (or fail to be taken) that would violate any Federal or Cal OSHA standards.
ARTICLE 14 - SERVICE COMPANIES
Within ten (10) days after occupancy of the Premises by LESSEE, LESSOR shall give LESSEE a list (see EXHIBIT G – SERVICE CONTACT LIST) of the names, addresses and telephone numbers of any vendors or service providers that LESSOR has predetermined are authorized to contract for LESSOR's responsibilities under EXHIBIT C - SUMMARY OF SERVICES and EXHIBIT D - SUMMARY OF REPAIR AND MAINTENANCE RESPONSIBILITIES of this Lease.
ARTICLE 15 - ALTERATIONS
15.1 Alterations: No alterations or improvements shall be made to the Premises by LESSEE or at LESSEE's request without the prior written consent of LESSOR.
15.2 Condition at Termination: Upon termination of this Lease, LESSEE shall return the Premises in the same condition as when delivered to LESSEE, reasonable wear and tear, and damage by casualty, and alterations approved by LESSOR excepted.
ARTICLE 16 - ASSIGNMENT AND SUBLETTING
LESSEE shall not assign or sublet all or any portion of the Premises without the prior written consent of LESSOR.
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ARTICLE 17 - ENTRY BY LESSOR
LESSEE shall permit LESSOR and LESSOR's agents, employees, lenders and contractors to enter the Premises for any lawful purpose, with reasonable advance notice (except in the case of emergency), provided such entry is made in a reasonable manner and does not unreasonably interfere with the conduct of LESSEE's business.
LESSOR recognizes and understands that LESSEE’s services, identity of clients, and records relate to a confidential relationship between the LESSEE and its clients, and LESSOR agrees that, in its interaction with LESSEE, its clients and records, whether through itself, its employees, or its agents, LESSOR will maintain such confidences as might become available to it and not release or divulge such confidential identities, information, or records.
ARTICLE 18 - INSURANCE AND INDEMNIFICATION
LESSEE, during the term hereof, shall indemnify and hold harmless the LESSOR, its elected and appointed officials, employees and agents from and against any and all claims and demands whether for injuries to persons or loss of life, or damage to property, occurring within the demised Premises and arising out of the use of the demised Premises by the LESSEE, its agents, contractors, employees, invitees or guests excepting however, such claims and demands whether for injuries to persons or loss of life, or damage to property, to the extent caused by acts or omissions of the LESSOR.
LESSEE shall maintain public liability and property damage coverage or program of self-insurance with liability limits of not less than $2,000,000 for injury or death to one (1) or more persons and property damage limits of not less than $1,000,000 per occurrence insuring against all liability of LESSEE and its agents, employees, or other authorized representatives arising out of and in connection with LESSEE'S use or occupancy of the Premises. LESSOR, its elected and appointed officials, employees and agents must be listed as additional insureds on all insurance policies.
LESSOR, during the terms hereof, shall indemnify, defend and hold harmless the LESSEE from and against any and all claims and demands whether for injuries to persons or loss of life, or damage to property, arising out of acts or omissions of the LESSOR, its agents, employees, and its elected and appointed officials, and other authorized representatives, excepting however, such claims and demands whether for injuries to persons or loss of life, or damage to property, to the extent caused by acts or omissions of the LESSEE.
ARTICLE 19 - DESTRUCTION
If the Premises are totally destroyed by fire or other casualty, either Party may terminate this Lease immediately by giving notice to the other Party.
If such casualty shall render ten percent (10%) or less of the floor space of the Premises unusable for the purpose intended, LESSOR shall effect restoration of the Premises as quickly as is reasonably possible, but in any event restoration shall begin within thirty (30) days after such destruction.
If such casualty shall render more than ten percent (10%) of such floor space unusable but not constitute total destruction, LESSOR shall forthwith give notice to LESSEE of the specific number of days required to repair the same.
If LESSOR under such circumstances does not give such notice within fifteen (15) calendar days after such destruction, or if such notice shall specify that such repairs will require more than one hundred twenty (120) days to complete from the date such notice is given, LESSEE, in either such event, at its option, may terminate this Lease In the event of any such destruction other than total, where LESSEE has not terminated the Lease as herein provided, LESSOR shall diligently prosecute the repair of the Premises and, in any event, if said repairs are not completed within sixty (60) calendar days from the work commencement date, for destruction aggregating ten percent (10%) or less of the floor space, or within the period specified herein in connection with partial destruction aggregating more than ten percent (10%), LESSEE shall have the option to terminate this Lease. LESSEE shall assist LESSOR with obtaining all applicable building permits if necessary.
LESSOR and LESSEE understand that, in circumstances for which a building permit is required, work cannot commence before a building permit is obtained. Time deadlines set forth herein shall not commence before required permits are issued. LESSOR warrants to diligently pursue issuance of said permits.
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ARTICLE 20 - DEFAULT BY LESSEE
20.1 Default: If any of the following events occur, each such event shall constitute a material breach of this Lease, and LESSOR may, at LESSOR's option, exercise any or all rights available to a LESSOR under the laws of the State of California:
a. A default in the payment of rent or other obligation when such default continues for a period of thirty (30) days after written notice from LESSOR to LESSEE of such default, or b. LESSEE fails to faithfully perform or observe any other covenant or undertaking required under this Lease and such failure continues for a period of thirty (30) days after written notice thereof from LESSOR to LESSEE of such default or, if such default is not reasonably curable within such thirty (30) day period, LESSEE fails to commence to cure such default within such thirty (30) day period and thereafter fails to diligently pursue such cure to completion, or
c. LESSEE is adjudicated bankrupt, or
d. LESSEE'S lease interest is sold under execution of judgment.
20.2 Remedies: If LESSEE fails to cure a default within the time frames outlined above, if any, LESSOR shall have the option to cure the default, if curable, and terminate this Lease in addition to any other remedies at law not inconsistent herewith. Should LESSOR elect to cure the default, all costs associated with such cure, including reasonable attorneys' fees incurred and awarded as a result of any legal action or proceeding brought to enforce or interpret this Lease Agreement (if any), shall be reimbursed by LESSEE to LESSOR, within thirty (30) days of receipt of LESSOR'sinvoice for said costs which shall be accompanied by invoices and receipts to document LESSOR’s costs to cure said default, and by any Court Order awarding reasonable attorney’s fees incurred to cure said default.
ARTICLE 21 - DEFAULT BY LESSOR
21.1Default: LESSOR shall not be in default unless LESSOR fails to perform its obligations under this Lease within a reasonable time, but in no event later than thirty (30) days after written notice by LESSEE to LESSOR specifying wherein LESSOR has failed to perform such obligations. If the nature of LESSOR's obligation is such that more than thirty (30) days are required for performance, then LESSOR shall not be in default if LESSOR commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. LESSEE'S obligation to provide written notice to LESSOR of a default by LESSOR is limited to those instances where knowledge of LESSOR's default is within the actual knowledge of LESSEE.
21.2 Remedies: If LESSOR fails to cure a default within the time periods outlined above, LESSEE shall have the option to cure the default, if curable, or to terminate this Lease, in addition to any other remedies at law not inconsistent herewith.
Should LESSEE elect to cure the default, all costs associated with such cure, including reasonable attorneys' fees incurred and awarded as a result of any legal action or proceeding brought to enforce or interpret this Lease Agreement (if any), shall be reimbursed by LESSOR to LESSEE within thirty (30) days of receipt of LESSEE's invoice for said costs which shall be accompanied by invoices and receipts to document LESSEE’s costs to cure said default, and by any Court Order awarding reasonable attorney’s fees incurred to cure said default.
ARTICLE 22 - CONDEMNATION
If more than ten percent (10%) of the floor space area of the Premises is taken or condemned for a public or quasi-public use, or the part taken renders the entire Premises insufficient for the conduct of LESSEE’s business and operations, then this Lease shall terminate at the option of LESSEE as of the date title shall vest in the condemner. If only part of the Premises is taken and the remainder of the Premises is sufficient for the conduct of LESSEE’s business and operations, then LESSOR shall restore the Premises to a single architectural unit and the Lease shall continue as to the part not taken, but the monthly rent shall be reduced in proportion that the rentable area of the Premises taken bears to the rentable area of the Premises before the taking.
ARTICLE 23 - HOLDING OVER
If LESSEE, with LESSOR’s written consent, remains in possession of the Premises after the Lease Term or any Extended Term, this Lease shall automatically be extended on a two (2)month to two (2) month basis at the monthly rent applicable to the last month of the Lease Term or Extended Term, subject to termination upon sixty (60) Packet Pg. 57
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days' written notice by either Party. All other terms and conditions shall remain in full force and effect.
ARTICLE 24 - WAIVER
Any waiver of any term or condition of this Lease must be in writing and signed by LESSEE and LESSOR. The waiver by LESSOR or LESSEE of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition, nor shall either Party consent to any breach of any term, covenant or condition, nor shall either Party be deemed to constitute or imply its consent to any subsequent breach of the same or other term, covenant or condition herein contained.
ARTICLE 25 - QUIET POSSESSION
LESSEE shall at all times during the term of this Lease peaceably and quietly have, hold and enjoy the Premises, without suit, trouble or hindrance from LESSOR or any person claiming any interest in this Lease Agreement under LESSOR, subject to the terms of this Lease. LESSOR, to the best of LESSOR’s ability, shall also be responsible for ensuring that all other occupants in the building or complex do not interfere with the quiet enjoyment of the LESSEE.
Notwithstanding the foregoing, LESSEE acknowledges and accepts that the Premises is located within the LESSOR’s Community Center Project, and as such, will be in close proximity to a wide variety of outdoor activities, performances, presentations and pedestrian traffic normally associated with the vibrant and continuous use of such a facility.
ARTICLE 26 - SUBORDINATION
This Lease shall be subject and subordinated to the lien of any mortgages and deeds of trust which are hereafter placed against the LESSOR's interest or estate in the property provided that the mortgagor or beneficiary under such mortgage or deed of trust shall agree in writing that, in the event of a foreclosure of same or of any other such action or proceeding for the enforcement thereof, or of any sale thereunder, this Lease shall not be barred, terminated, cut off, or foreclosed, nor will the rights and possession of LESSEE hereunder be disturbed if LESSEE shall not then be in default under the terms of this Lease, and LESSEE shall attorn to the purchaser at such foreclosure, sale or other action or proceeding. The foregoing subordination shall be effective without the necessity of having any further instruments executed by LESSEE, but LESSEE shall nonetheless execute, upon demand, such further instruments evidencing such subordination as may be reasonably requested by LESSOR or any mortgagee or beneficiary.
ARTICLE 27 - ESTOPPEL CERTIFICATE
[ INTENTIONALLY LEFT BLANK]
ARTICLE 28 - MISCELLANEOUS PROVISIONS
28.1 Amendments: This Lease may be amended or modified only by an instrument in writing signed by LESSEE and LESSOR.
28.2 Time is of the Essence: Time is of the essence of each term and provision of this Lease.
28.3 Binding Effect: Subject to any provision hereof restricting assignment or subletting by LESSEE, this Lease shall bind the Parties, their personal representatives, successors, and assigns.
28.4 Invalidity: The invalidity of any provision of this Lease as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof.
28.5 Authority: Any individual executing this Lease on behalf of LESSEE or LESSOR represents and warrants hereby that he or she has the requisite authority to enter into this Lease on behalf of such Party and bind the Party to the terms and conditions of this Lease.
28.6 Interpretation of Conflicting Provisions: In the event of conflict between this Lease and any Addendum or Exhibit attached hereto, the provisions of such Addendum or Exhibit shall control.
28.7 Successors and Assigns: This Lease and the rights, privileges, duties, and obligations of LESSEE and LESSOR under this Lease, to the extent assignable or delegable, shall be binding upon and inure to the benefit of the Parties and Packet Pg. 58
Attachment: Library Lease Agreement (3409 : Resolution No. 2025-81 Gonzales Library Lease Agreement) 630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 11
their respective successor, permitted assigns, and heirs.
28.8 Headings: The headings in this Lease are for convenience only and shall not be used to interpret the terms of this Lease.
28.9 Governing Law: This Lease shall be governed by and interpreted under the laws of the State of California.
28.10 Construction of Lease: LESSEE and LESSOR agree that each Party has fully participated in the review and revision of this Lease and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Lease or any amendment to this Lease.
28.11 Counterparts: This Lease may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one (1) and the same Lease.
28.12 Integration: This Lease, including the exhibits and addenda, represents the entire agreement between LESSEE and LESSOR with respect to the subject matter of this Lease and shall supersede all prior negotiations, representations or agreements, either written or oral, between LESSEE and LESSOR as of the effective date of this Lease.
28.13 Incorporation of Recitals: The Parties understand and agree that the preamble and recitals above are hereby incorporated into this Lease.
28.14 Consent to Use Electronic Signatures: The Parties to this Lease consent to the use of electronic signatures via DocuSign to execute this Lease. The Parties understand and agree that the legality of electronic signatures is governed by state and federal law, 15 U.S.C Section 7001 et seq.; California Government Code Section 16.5; and, California Civil Code Section 1633.1 et. seq. Pursuant to said state and federal law as may be amended from time to time, the Parties to this Lease hereby authenticate and execute this Lease, and any and all Exhibits to this Lease, with their respective electronic signatures, including any and all scanned signatures in portable document format (PDF) which may be delivered by mail, E-Mail, or Facsimile.
28.15 Cooperation: Each party will reasonably cooperate with the other in ensuring that this Lease allows each party to maximize the benefits and privileges that are granted pursuant to the terms of this Lease. In the event that any problem or issue arises with respect to the implementation or interpretation of the Lease, the Parties mutually agree to meet at the request of either of them to discuss and resolve the issue. In such event, the LESSOR’s City Manager, or his/her designee, will meet with the LESSEE’s Monterey County Free Libraries Director or his/her designee to attempt to reach a mutually satisfactory and reasonable conclusion.
ARTICLE 29 - MAJOR APPLIANCES
Installation of major appliances such as vending machines, refrigerators, stoves, etc., must be approved by LESSOR prior to installation. The LESSOR will grant installation approval for new appliances only. Such approval shall not be unreasonably withheld.
ARTICLE 30 – PROPERTY TAX EXEMPTION
[ INTENTIONALLY LEFT BLANK]
ARTICLE 31 - PUBLIC TRANSPORTATION
[ INTENTIONALLY LEFT BLANK]
ARTICLE 32 – ALTERNATE ENERGY
LESSOR and LESSEE agree to work together to explore options to install solar and/or other alternate energy options and enhancements to the Premises.
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ARTICLE 33- PROPOSITION 65 WARNING
If applicable to the Premises which are the subject of this Lease, LESSOR AND LESSEE agree to post the CALIFORNIA PROPOSITION 65 WARNING on the Premises in substantially the same form as follows set forth in EXHIBIT H - CALIFORNIA PROPOSITION 65 WARNING attached and incorporated by this reference.
ARTICLE 34 – LESSOR’S STATEMENT REGARGING DISABILITY ACCESS & CERTIFIED ACCESS SPECIALIST INSPECTION (CASp) REPORT
Pursuant to California Civil Code Section 1938 (a), LESSOR represents that the Premises [ ] has [X ] has not undergone inspection by a Certified Access Specialist (CASp).
Pursuant to California Civil Code Section 1938 (b), if the Premises has undergone inspection by a CASp, and to the best of LESSOR’s knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of execution of the Lease Agreement which have impacted the subject premises' compliance with construction related accessibility standards, LESSOR shall provide, prior to execution of the Lease Agreement, a copy of any report prepared by the CASp with an agreement from LESSEE that information in the report shall remain confidential, except as necessary for the LESSEE to complete repairs and corrections of violations of construction related accessibility standards that the LESSEE agrees to make.
Pursuant to California Civil Code Section 1938 (c), making any repairs or modifications necessary to correct violations of construction related accessibility standards that are noted in a CASp report is presumed to be the responsibility of the LESSOR, unless otherwise mutually agreed upon by LESSOR and LESSEE. LESSEE shall have the opportunity to review any CASp report prior to execution of the Lease. If the report is not provided to the LESSEE at least 48 hours prior to execution of the Lease Agreement, LESSEE shall have the right to rescind the Lease, based upon the information contained in the report, for 72 hours after execution of the Lease Agreement.
Pursuant to California Civil Code Section 1938 (d), if the Premises have been issued an inspection report by a CASp, as described in paragraph (1) of subdivision (a) of Section 55.53, indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of Section 55.52, LESSOR shall provide a copy of the current disability access inspection certificate and any inspection report to LESSEE not already provided pursuant to subdivision (b) within seven (7) days of the date of the execution of the Lease Agreement.
Pursuant to California Civil Code Section 1938 (e), if the Premises have not been issued a disability access inspection certificate, as described in subdivision (e) of Section 55.53, LESSOR shall state the following on the Lease Agreement:
A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law.
Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant.
The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.
IN WITNESS WHEREOF, the LESSOR and LESSEE have executed this Lease on the date set forth beneath their respective signatures below.
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Attachment: Library Lease Agreement (3409 : Resolution No. 2025-81 Gonzales Library Lease Agreement) 630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 13
APPROVED AS TO LIABILITY PROVISIONS
By: _____________________________________
Name: David Bolton
Title: Risk Manager
LESSEE: County of Monterey, a political
subdivision of the State of California
LESSOR:
City of Gonzales
By: _________________________________
Name: _______________________________
By: ___________________________________
Name: Carmen Gil
Title: Chief Contracts & Procurement
Officer or Designee
Title: City Manager
Date: ________________________________ Date: ___________________________________ APPROVED AS TO FORM:
Office of the County Counsel
Susan K. Blitch, Acting County Counsel
&
By: _________________________________
Name: Mary Grace Perry
By: ___________________________________
Name: Mike Rodriquez
Title: Deputy County Counsel Title: City Attorney
Date: ________________________________ Date:
___________________________________
APPROVED AS TO FISCAL PROVISIONS:
Rupa Shah, Auditor-Controller
By: ___________________________________
Name: _________________________________
Title: __________________________________
Date: __________________________________
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EXHIBIT A1
DESCRIPTION OF PREMISES
FLOOR PLAN
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EXHIBIT A2
COMMUNITY CENTER SITE PLAN
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EXHIBIT B
STATEMENT OF SEISMIC ADEQUACY
The LESSOR and LESSEE acknowledge that the Premises have been designed and constructed in accordance to the following applicable codes and regulations:
• 2022 CALIFORNIA BUILDING CODE – PART 2, TITLE 24, CCR (BASED UPON 2021
INTERNATIONAL BUILDING CODE)
• 2022 CALIFORNIA ELECTRICAL CODE – PART 3, TITLE 24, CCR (BASED UPON 2020 NATIONAL
ELECTRICAL CODE)
• 2022 CALIFORNIA MECHANICAL CODE – PART 4, TITLE 24, CCR (BASED UPON 2021 UNIFORM
MECHANICAL CODE)
• 2022 CALIFORNIA PLUMBING CODE – PART 5, TITLE 24, CCR (BASED UPON 2021 UNIFORM
PLUMBING CODE)
• 2022 CALIFORNIA ENERGY CODE – PART 6, TITLE 24, CCR
• 2022 CALIFORNIA FIRE CODE – PART 9, TITLE 24, CCR, (BASED UPON 2021 INTERNATIONAL
FIRE CODE)
• 2022 CALIFORNIA GREEN BUILDING STANDARDS (CAL GREEN)
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Attachment: Library Lease Agreement (3409 : Resolution No. 2025-81 Gonzales Library Lease Agreement) 630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 17
EXHIBIT C
SUMMARY OF SERVICES AND UTILITIES
The following is a summary of services and utilities responsibilities of LESSOR and LESSEE for the proposed use of the Premises:
N/A LESSOR LESSEE
Provide adequate built-in waste dispensers, for the Premises and restrooms within Premises
X
Provide adequate custodial service for the interior of the Premises with a similar scope and frequency as provided on the attached EXHIBIT E – CUSTODIAL SERVICE SPECIFICATIONS
X
Provide adequate custodial service for exterior of the Premises and the non-exclusive areas of the building as described in Article 1.2.
X
Provide adequate pest control for exterior of Premises X Provide adequate landscape maintenance and gardening (including landscape irrigation system and associated water supply and service) X Provide adequate parking lot area sweeping X
LESSOR to provide adequate refuse, rubbish, garbage, and recyclable (paper, plastic, and aluminum, if available) disposal and pick up service. Monthly invoice will be based on a 1-cubic yard waste bin, based on the current City of Gonzales cost of services fee schedule and shall be sent from LESSOR to LESSEE for payment.
X X
Provide adequate fire sprinkler systems testing per National Fire Protection Association (NFPA) standards
X
Provide adequate fire alarm systems monitoring per NFPA standards.
X
Provide adequate intrusion/security alarm systems monitoring., if deemed necessary by LESSOR and LESSEE
X
Provide adequate patrolled security guard service (if deemed necessary)
X
Provide adequate heating, ventilation & air conditioning (HVAC) systems filter replacements (charcoal filters to be used if deemed necessary), unit inspections, unit lubrications and record keeping pursuant to the California Code of Regulations, Title 8, Section 5142 X
Provide adequate servicing of uninterrupted power source (UPS) X Provide adequate servicing of backup generator X
Provide adequate telephone and data service (including connection charges).
Cabling infrastructure to be done per – COUNTY OF
MONTEREY INFORMATION TECHNOLOGY CABLING
STANDARDS 2022
X
Building - LESSOR will provide separate utility service metering (water, sewer & electric) for LESSE to pay its utilities directly.
Utility rates shall be determined by the City of Gonzales’ annual cost of services schedule.
X
LESSEE will provide library services and provide all materials and staffing to support these services as provided to equivalent sized populations and facilities under LESSEE’s operational control. Hours of operation may vary. Information on library Hours of operation will be provided to LESSOR on an annual basis.
X
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Attachment: Library Lease Agreement (3409 : Resolution No. 2025-81 Gonzales Library Lease Agreement) 630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 18
EXHIBIT D
SUMMARY OF REPAIR AND MAINTENANCE RESPONSIBILITIES
The following is a summary of maintenance and repair responsibilities of LESSOR and LESSEE for the proposed use of the Premises:
N/A LESSOR LESSEE
1 Common Areas X
2 Foundations and Floor Slabs X
3 Exterior and Bearing Walls (including pressure washing and painting as deemed necessary)
X
4 Exterior Doors and Hardware X
5 Exterior Windows and Window Frames (excluding cleaning as deemed necessary)
X
6 Roofs (including replacement if deemed necessary) X
7 Gutters, Drains and Downspouts X
8 Ceilings (including damage due to roof leaks) X
9 Fire Sprinkler Systems X
10 Fire Alarm Systems X
11 Intrusion/Security Alarm Systems X
12 Heating, Ventilation and Air Conditioning (HVAC) Systems (including replacement if deemed necessary)
X
13 Heating, Ventilation and Air Conditioning (HVAC) control switches, sensors and thermostats X
14 Electrical Systems (including electrical outlets, panels, circuit breakers and wiring)
X
15 Plumbing Systems (including but not limited to: sewer and drain stoppages, sinks, toilets, urinals, partitions, and mirrors).
X
16 Plumbing Fixtures (hand dryers, soap dispensers, paper towel dispensers, and changing tables).
X
17 Exterior Lighting (including starters, ballasts, transformers and light switches)
X
18 Interior Lighting (including starters, ballasts, transformers and light switches)
X
19 Interior Light Bulbs (maintenance replacement) X
20 Interior Walls X
21 Interior Wall Surfaces (including repainting every 5 years if Premises wall surfaces are accessible)
X
22 Interior Doors and Hardware X
23 Interior Windows and Window Frames X
24 Carpet, VCT, and Resilient Flooring (including replacement if deemed necessary)
X
25 Base and/or Moldings (including replacement if deemed necessary)
X
26 Communication Systems (data/telephone cabling, connections and equipment)
X
27 All library building interior including flooring, carpeting, wall painting, Lighting and appliances
X
28 Library collection including all book, CDs, E-material and other materials
X
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29 All furniture, fixtures, equipment, materials, and supplies to provide public library service.
X
30 All cleaning and janitorial services X
31 All outdoor furniture, fixtures, and equipment to provide library services outdoors, at the Library courtyard patio, as approved by LESSOR.
X
32 All non-library services related outdoor furniture, fixtures, and equipment.
X
33 Exterior Security Cameras X
34 Interior Security Cameras X
35 Exterior Wireless Access Points (LESSEE Provided) X
36 Exterior Wireless Access Points (LESSOR Provided) X
37 Door Hardware (Keying) X
38 Card Readers (Exterior Doors Only) X
39 Site maintenance– maintenance, repair, and regulation of entire parking lot, including driveway pavement, parking lot
pavement, striping, landscaping, lighting, signage, sidewalks, and walkways.
X
40 Maintenance of common site improvements including
amphitheater, center courtyard.
X
41 Maintenance of reading lounge/Library patio: sweeping, removing litter.
X
*Notwithstanding the forgoing, LESSEE will pay to LESSOR the reasonable cost of any repairs or maintenance required as a direct result of negligent acts or omissions, or which is otherwise the fault, of LESSEE, its agents, contractors or employees.
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EXHIBIT E
CUSTODIAL SERVICE SPECIFICATIONS
LESSEE will provide janitorial/custodial services for the Premises to maintain safe, sanitary, and inviting condition and use by the public. This will include emptying wastebaskets, cleaning and restocking restrooms, sweeping and mopping floors, cleaning glass, removing graffiti, and managing or mitigating damage such as gum, graffiti, cobwebs, dust, and the like.
Below is a summary of a sample frequency and scope of work for custodial services. Frequency and scope of work can alter through the contract and even across the year; for example, no service needed when Library is closed for Christmas-New Year; reduction in service to accommodate repairs; increase in service to accommodate special uses; etc.
DAILY SERVICE
A. General Cleaning
1. Empty wastebaskets; replace liners, place trash in dumpster
2. Sweep outside Premises entrances
3. Remove graffiti from any interior walls
B. Floor and Carpet Care (including stairways)
1. Sweep and dust mop hard surface floors with treated mop
2. Vacuum carpeted floors and entry mats
3. Damp mop all spills on hard surfaces
4. Remove gum/candy from carpet/floors
C. Window Cleaning
1. Clean entry door and lobby glass, inside and outside
2. Clean interior partitions and counter glass
3. Clean interior/exterior door glass
D. Restroom Cleaning
1. Empty waste containers
2. Sweep and wet mop floors
3. Restock dispensers with the proper product (common area to have extra service performed in mid-morning and mid-afternoon, M-F )
4. Clean and disinfect all restroom fixtures (common area to have extra service performed in mid-morning and midafternoon, M-F )
5. Unstop urinals, toilets and sinks (Notify LESSOR of necessary repairs)
6. Clean restroom mirrors and glass
7. Replenish air fresheners in all restrooms
8. Remove graffiti from interior walls
9. Damp wipe all walls and partitions (as needed)
10. Clean around all door knobs and push plates
E. Dusting
1. Tops of all filing cabinets (only if cleared off and with notice posted by office worker)
2. Tops of desks where cleared (only if cleared off and with posted notice by office worker)
3. Table tops and counters where cleared
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Attachment: Library Lease Agreement (3409 : Resolution No. 2025-81 Gonzales Library Lease Agreement) 630 Fifth St., Gonzales_MCFL Lease (Rev 10
-16-25)
4 CUSTODIAL SERVICE SPECIFICATIONS
WEEKLY SERVICE
A. General Cleaning
1. Remove fingerprints from doors, walls, and light switches
2. Remove marks/clean door kick plates
3. Wash wastebaskets/trash receptacles inside and out
4. Wash all handrails
5. Clean around door knobs/push plates
B. Floor and Carpet Care
1. Damp mop all hard surface floors
2. Buff all hard surface floors using a high speed buffing machine
3. Spot clean all carpeted floors
C. Restroom Cleaning
1. Scrub all sinks with abrasive cleaner
2. Scrub inside toilets and urinals with acid-type bowl cleaner D. Dusting
1. All windows and door sills
2. Ledges, baseboards, and partitions
3. All chairs
4. Remove cobwebs from ceilings, corners and crevices, etc.
BI-WEEKLY SERVICES
Dry shampoo all carpeted areas.
MONTHLY SERVICE
A. Floor and Carpet Care
1. Scrub and refinish all hard surface floors using an acrylic finish
2. Edge out all carpet areas (areas that are out of reach during normal vacuuming) B. Restroom Cleaning
1. Wash all walls and partitions
C. Dusting
1. Vacuum all upholstered furniture
2. Clean all blinds, drapes and window shades
D. Additional requirements specific to Premises
1. Shampoo all upholstered furniture
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Attachment: Library Lease Agreement (3409 : Resolution No. 2025-81 Gonzales Library Lease Agreement) 630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 5
CUSTODIAL SERVICE SPECIFICATIONS
QUARTERLY SERVICES
A. General Cleaning
1. Wash exterior of all desks, filing cabinets, and tables B. Floor and Carpet Care
1. Shampoo all carpeted areas using bonnet method
2. Strip and refinish all hard surface floors using an acrylic finish C. Window Cleaning
1. Wash inside and outside windows
D. Dusting
1. High dust all light fixtures, HVAC vents and surface/ledges above six (6) feet
BI-ANNUAL SERVICES
A. Restroom Cleaning
1. Machine scrub restroom floors (porcelain tile floors)
ANNUAL SERVICES
A. Floor and Carpet Care
1. Steam/Extraction clean all carpeted areas
At construction completion of the Premises, LESSOR will provide LESEE with technical information for operations and maintenance (O&M), identifying maintenance requirements for library building materials.
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Attachment: Library Lease Agreement (3409 : Resolution No. 2025-81 Gonzales Library Lease Agreement) 630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 6
EXHIBIT F
REMEDIATION CONTRACTOR SPECIFICATIONS
A. Scope of Services
Remediation Contractor to provide treatment, cleanup, damage restoration and any other necessary remediation of:
•Water and/or sewage damage
•Mold, asbestos, lead and polychlorinated biphenyl (PCB) contamination •Fire and smoke damage
•Hazardous materials within the license and certification capabilities of the Remediation Contractor
•Human bodily fluids, including but not limited to blood, vomit, urine, feces, and saliva •Routine sanitation cleanup
B. Work Standards
All work must be done in accordance with the California Health and Safety Code, California Occupational Safety and Health Act (OSHA), and other applicable laws and regulations. The Remediation Contractor must take all care to ensure that work proceeds under the highest standards of safety and prudence, and in compliance with all applicable laws.
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Attachment: Library Lease Agreement (3409 : Resolution No. 2025-81 Gonzales Library Lease Agreement) -
EXHIBIT G
SERVICE CONTACT LIST
Item Contact Number
Carpenter
Ceiling Tile
Electrical
Exterior Door and Hardware
Flooring
Fire Sprinkler System
Fire Extinguisher Servicing
Fire Alarm
Heating & Air Conditioner
Industrial Hygienist
Interior Door and Hardware
Janitorial for common areas
Landscape Maintenance
Light Bulbs & Fluorescent Tubes
Locksmith
Painting
Pest Control
Parking Lot Repair
Parking Lot Sweeping
Patrolled Security
Plumbing
Remedial Contractor
Roofing System
Roof Gutters & Downspouts
Security Alarm Company
Sewer & Drain Cleaning
Utility (Gas & Electric)
Utility (Telephone)
Utility (Water)
Waste Disposal & Recycle
Window Replacement & Repair
Window Cleaning
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Attachment: Library Lease Agreement (3409 : Resolution No. 2025-81 Gonzales Library Lease Agreement) -
EXHIBIT H
PROPOSITION 65 WARNING
CALIFORNIA PROPOSITION 65 WARNING. This warning is provided in compliance with the requirements of California’s Proposition 65, due to exposure to formaldehyde and other chemicals known to the State to cause cancer and birth defects or other reproductive harm, from exposures to materials used in and around the construction site of _________________________ California. “WARNING: MATERIALS INCLUDED IN THE CONSTRUCTION OF
THE PREMISES AND PROPERTY WILL EXPOSE YOU TO
FORMALDEHYDE AND OTHER CHEMICALS KNOWN TO THE STATE
OF CALIFORNIA TO CAUSE CANCER AND BIRTH DEFECTS OR
OTHER REPRODUCTIVE HARM. FURTHER INFORMATION MAY BE
OBTAINED FROM THE MANAGER/OWNER.”
This warning is provided to inform tenants of the exposure to formaldehyde and other chemicals known to the State to cause cancer and birth defects or other reproductive harm. The exposures are caused by the materials of which the office buildings on this site are constructed. Environmental exposures to chemicals known to the State of California to cause cancer and birth defects or other reproductive harm will continue for as long as ___________ engages in ongoing construction on and around the surrounding property.
Formaldehyde. The United States Environmental Protection Agency, the California Air Resources Board, and other agencies have measured the presence of formaldehyde in the indoor air of homes in California. Levels of formaldehyde that present a significant cancer risk have been measured in most homes and offices. Formaldehyde is present in the air because it is emitted by a variety of building materials and products purchased by the builder from materials suppliers. These materials and products include carpeting, pressed wood products, insulation, plastics, and glues.
Other Chemicals. The Premises and/or ongoing construction sites in this development have not been tested. Given the cost of testing, it is not feasible to test every rental property and nearby construction site to ascertain the level of formaldehyde or other carcinogens and reproductive toxicants present in the rental property or ongoing construction sites nearby. Most homes, offices and construction sites that have been tested elsewhere do contain formaldehyde as well as other carcinogens and reproductive toxicants, although their concentrations vary from property to property with no obvious explanations for the differences. One of the problems is that many of the suppliers of building materials and products do not provide information on chemical ingredients to their builders. In the absence of specific information on these leased premises, and in light of the materials used in and around their construction, we believe that a warning is necessary.
Please provide this warning to invitees and guests entering this leased property. You may have further questions about these issues. ______________________, has made no inquiries of our material suppliers concerning these matters. ____________ is willing to provide, upon request, the names of known material suppliers, which may be contacted for further information.
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Attachment: Library Lease Agreement (3409 : Resolution No. 2025-81 Gonzales Library Lease Agreement) -
EXHIBIT I
LEASE COMMENCEMENT AGREEMENT
This Lease Commencement Agreement (“Lease Commencement Agreement” or “Exhibit I”) is entered into as of [insert date], by the LESSOR and LESSEE, to formally confirm the Lease Commencement Date and Lease Expiration Date, as set forth herein, in accordance with the terms of the Lease for the Premises located at 630 Fifth Street in Gonzales, California.
1. Confirmation of Lease Commencement Date
The Lease Term of the Lease commenced on [insert date], which is the later of:
• (i) the date upon which the City of Gonzales issued a Certificate of Occupancy for the Premises, and • (ii) the date of LESSEE’s final walkthrough of the Premises.
The actual Lease Commencement Date (“Lease Commencement Date”) is hereby confirmed to be: [insert date].
2. Confirmation of Lease Expiration Date
The Lease Term shall expire twenty (20) years from the Lease Commencement Date, unless terminated or extended pursuant to the provisions of the Lease. The Lease Expiration Date is confirmed to be: [insert date].
Exhibit I shall be attached to and incorporated into the Lease. Except for the amendments expressly set forth herein, all other terms and conditions of the Lease shall remain unchanged and in effect.
IN WITNESS WHEREOF, the LESSOR and LESSEE have executed this Lease Commencement Agreement as of the date set forth below their respective signatures.
LESSOR:
City of Gonzales
By: ________________________________
Name: Carmen Gil
Title: City Manager
Date:
LESSEE:
County of Monterey, a political subdivision of the State of California By: ________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
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Attachment: Library Lease Agreement (3409 : Resolution No. 2025-81 Gonzales Library Lease Agreement) City of Gonzales
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: November 17, 2025
FROM: Taven Kinison Brown, Community Development Director THROUGH: Carmen Gil, City Manager
SUBJECT: Resolution No. 2025-83 Agreement with EMC Planning for the Preparation of an Environmental Impact Report for the Puente Del Monte Specific Plan
RECOMMENDATION
It is recommended that the City Council Adopt Resolution No. 2025-83, A Resolution of the City Council of the City of Gonzales Authorizing the City Manager to sign a Consultant Services Agreement between the City of Gonzales and EMC Planning Group for the Preparation of an Environmental Impact Report (EIR) for the Puente Del Monte Specific Plan.
BACKGROUND
In 2020, EMC Planning Group was awarded a contract to prepare a Supplemental EIR to the General Plan for the Puente Del Monte Annexation. In February of 2021, the project was halted for various reasons.
In May of 2025, the project was restarted after a four-year hiatus. EMC is proposing a new programmatic EIR, as existing setting conditions and regulatory settings have changed, the project description has changed, and technical reports need to be updated. In addition, portions of the Vista Lucia Project EIR may be sufficient for use in the current Puente Del Monte Specific Plan EIR. The original scope of work was for $348,975. $93,000 was removed for traffic analysis that is required for the project, but not necessary for the completion of the EIR and the scope was presented to the City Council for consideration and approval.
On September 15th, 2025, the City Council approved a contract with EMC Planning Group for $255,475.
Since that time, further refinements to the scope for the EIR have been made between the applicant and EMC, reducing the overall contract amount. The amended scope, dated October 20. 2025, indicates a AGENDA
ITEM
16 Packet Pg. 75
revised amount of $186,632.50. As per standard City practice, the developer is responsible for all costs associated with the contract including any future amendments to the scope of work.
REVIEW AND ANALYSIS
Consultant Services Agreement.
The Consultant Services Agreement format is standard for the City for projects where City development review services need to be supplemented on a project-specific or task-specific endeavor. In this case, consultant services are deemed necessary for processing the Environmental Impact Report for the Puente Del Monte Specific Plan. The project is funded through applicant contributions to a project-specific account.
The Consulting Services Agreement and its Scope of Work and Budget exhibits are attached to the resolution accompanying this report.
ENVIRONMENTAL REVIEW (CEQA)
Because entering into a consulting services agreement has no potential to have an effect on the environment, staff has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378).
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: While ministerial in nature, consulting services agreements support the Vision because they allow the City the breadth to process important development projects that can bring the housing, jobs and economic development necessary to further the Vision.
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: Please see the Vision above. Staff has previously secured grant funding (resources) to offset these consultant expenses in a revenue neutral manner to the city budget.
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 above. Staff has previously secured grant funding (resources) to offset these consultant expenses in a revenue neutral manner to the city budget.
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
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• Environment Yes No X N/A
• Education Yes No X N/A
Explain: Please see the Vision above.
ALTERNATIVES
The Council could opt not to approve the Consulting Services Agreement, or request additional information prior to approving the agreement.
BUDGET IMPACT
There is no budget impact associated with approving the Consulting Services Agreement with EMC Planning Group as expenses will be recovered through an applicant paid reimbursement account, thereby avoiding impact to the city budget.
CONCLUSION
It is recommended that the City Council Adopt Resolution No. 2025-83, A Resolution of the City Council of the City of Gonzales Authorizing the City Manager to sign a Consultant Services Agreement between the City of Gonzales and EMC Planning Group for the Preparation of an Environmental Impact Report (EIR) for the Puente Del Monte Specific Plan.
Attachments:
1. Resolution No. 2025-83 with Attachments
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RESOLUTION NO. 2025-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
AUTHORIZING THE CITY MANAGER TO SIGN A CONSULTANT SERVICES
AGREEMENT BETWEEN THE CITY OF GONZALES AND EMC PLANNING GROUP
FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE
PUENTE DEL MONTE SPECIFIC PLAN
WHEREAS, in May 2025, the City received a revised application for the Puente Del Monte Specific Plan and an associated Reimbursement Agreement; and WHEREAS, consultant services are deemed necessary for processing the required Environmental Impact Report under the California Environmental Quality Act; and WHEREAS, the applicant has agreed to reimburse all expenses related to this contract; and WHEREAS, on September 15, 2025, the City Council approved a contract for $255,475; and WHEREAS, after that time the applicant and EMC have agreed to additional changes that reduced the cost for the project down to $186,632.50 with a revised scope of work.
NOW THEREFORE, BE IT RESOLVED that the City Manager is authorized to sign a Consultant Services Agreement between the City of Gonzales and EMC Planning Group, for Preparation of the Environmental Impact Report for the Puente Del Monte Specific Plan. The Consulting Services Agreement and its Scope of Work and $186,632.50 budget are attached to this resolution as Attachment A.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 17th day of November 2025, 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
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Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Consulting Services Agreement between November 17, 2025 City of Gonzales and EMC Planning Group Page 1 of 13
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF GONZALES AND EMC PLANNING GROUP
THIS AGREEMENT for consulting services is made by and between the City of Gonzales ("City") and EMC Planning Group, ("Consultant") (together referred to as the "Parties") as of November 17, 2025, (the "Effective Date").
Section 1. 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 December 31, 2027, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, 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. 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.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $186,632.50 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 Attachment A
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Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Consulting Services Agreement between November 17, 2025 City of Gonzales and EMC Planning Group Page 2 of 13
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 progress bills; 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;
At City's option, for each work item in 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 monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 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.
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Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Consulting Services Agreement between November 17, 2025 City of Gonzales and EMC Planning Group Page 3 of 13
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 B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified below and shall not exceed $1,495.00. Expenses not listed below are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
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 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 Packet Pg. 81
Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Consulting Services Agreement between November 17, 2025 City of Gonzales and EMC Planning Group Page 4 of 13
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:
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.
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Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Consulting Services Agreement between November 17, 2025 City of Gonzales and EMC Planning Group Page 5 of 13
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 $2,000,000 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.
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 Packet Pg. 83
Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Consulting Services Agreement between November 17, 2025 City of Gonzales and EMC Planning Group Page 6 of 13
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 subcontractor. All coverage 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.
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Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Consulting Services Agreement between November 17, 2025 City of Gonzales and EMC Planning Group Page 7 of 13
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.
Notwithstanding the foregoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
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 (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 Packet Pg. 85
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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.
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.
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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:
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, Packet Pg. 87
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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.
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.
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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.
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 Community Development Director, Taven M. Kinison Brown ("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 and City shall be sent to:
EMC Planning Group
Michael Groves, AICP
601 Abrego Street
Monterey, CA 93940
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Any written notice to City shall be sent to:
City of Gonzales
Taven M. Kinison Brown, Community Development Director
City of Gonzales
P.O. Box 647
Gonzales, CA 93926
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 Scope of Work
Exhibit B Compensation Schedule/Cost Estimate (Budget)
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.
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Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Consulting Services Agreement between November 17, 2025 City of Gonzales and EMC Planning Group Page 13 of 13
The Parties have executed this Agreement as of the Effective Date.
CITY OF GONZALES CONSULTANT
Carmen Gil, City Manager Michael Groves, President
Attest:
Mary Villegas, Deputy City Clerk
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Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Proposal (Revised)
Puente del Monte Specific Plan EIR
City of Gonzales
October 20, 2025
Prepared by
EMC Planning Group
Exhibits A & B
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Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) This document was produced on recycled paper.
PROPOSAL
PUENTE DEL MONTE SPECIFIC PLAN EIR
PREPARED FOR
City of Gonzales
Taven Kinison Brown, Community Development Director
147 Fourth St., Gonzales, CA 93926
Tel 831.675.5000
[email protected]
PREPARED BY
EMC Planning Group Inc.
601 Abrego Street
Monterey, CA 93940
Tel 831.649.1799
Fax 831.649.8399
Teri Wissler Adam, Senior Principal
[email protected]
www.emcplanning.com
October 20, 2025
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Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Table of Contents
1.0 BACKGROUND AND APPROACH ..................................................................................... 1-1
1.1 Background .............................................................................................................................. 1-1
1.2 Approach ................................................................................................................................. 1-1
2.0 EMC PLANNING GROUP TEAM .................................................................................... 2-1
2.1 EMC Planning Group Staff .................................................................................................. 2-1
2.2 Subconsultants ........................................................................................................................ 2-1
3.0 SCOPE OF WORK .............................................................................................................. 3-1
4.0 SCHEDULE AND BUDGET ................................................................................................ 4-1
4.1 Schedule ................................................................................................................................... 4-1
4.2 Budget ...................................................................................................................................... 4-1 Attachment
Attachment A WJV Acoustics Noise Assessment Scope of Work Attachment B Hexagon Transportation Consultants Vehicle Miles Traveled Scope of Work Tables
Table 2-1 EMC Planning Group Staff ..................................................................................... 2-1 Table 2-2 EMC Planning Group Team Subconsultants ........................................................ 2-2 Packet Pg. 94
Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Section 1.0 Background and Approach 1-1 EMC Planning Group Puente del Monte Specific Plan Proposal (Revised) October 20, 2025
1.0 Background and Approach
1.1 Background
EMC Planning Group is pleased to submit this proposal to prepare an environmental impact report (EIR) for the Puente del Monte Specific Plan (PDMSP).
As is known to the City and the PDMSP applicant, EMC Planning Group was contracted to prepare an EIR for the PDMSP as it was proposed in 2020. Substantial progress to prepare an administrative draft supplemental EIR (SEIR) was made before the project was put on hold in late 2020. The SEIR would have been supplemental to the City of Gonzales General Plan EIR. The last substantive work on the SEIR was conducted in November of 2020. EMC Planning Group halted work at that time, though the original contract to prepare the EIR has, to date, not been canceled.
In 2023, one of the property owners with land within the original PDMSP boundary withdrew from the PDMSP boundary and planning process to enable processing of a separate application for an agricultural cooler project, the Gloria Road Agricultural Cooler Project. This change required that the original PDMSP project boundary be modified. In early 2025, the PDMSP applicant submitted a revised specific plan to the City that reflects the boundary change and includes a number of other land use design changes relative to the original project, including revisions to anticipated development capacity.
1.2 Approach
The City has indicated that it would be prudent to start a new CEQA process for the current proposed PDMSP. This is the case for several reasons, including the following:
Nearly five years have elapsed since the original administrative draft supplemental EIR was nearly completed – existing setting conditions and regulatory setting conditions for several environmental topics have changed during this time;
The PDMSP project description has changed as described above, thereby rendering obsolete much of the prior administrative draft SEIR analyses and technical reports that were based in whole or part on development capacity, land use design, and project boundary location in the original PDMSP;
Packet Pg. 95
Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Section 1.0 Background and Approach 1-2 EMC Planning Group Puente del Monte Specific Plan Proposal (Revised) October 20, 2025 The original administrative draft SEIR was prepared as supplemental to the General Plan EIR.
The original Vista Lucia project CEQA document was also initially prepared as supplemental to the General Plan EIR. However, it was later “modified” to be a project specific programmatic EIR. To maintain consistency with the Vista Lucia Project EIR, the current PDMSP EIR would be its own programmatic EIR rather than supplemental to the General Plan EIR, the content of the existing administrative draft SEIR also needs substantial revision for this reason; and Portions of the environmental setting, regulatory setting, and analysis in the Vista Lucia Project EIR, which has been vetted by the City, responsible agencies, the public, and other stakeholders, may be sufficient for use in the current PDMSP EIR.
As noted above, the current proposed PDMSP EIR would be a program EIR. Mitigation measures for significant impacts would apply to all future individual projects proposed within the PDMSP boundary. However, where possible, when impacts are identified that are location specific within the PDMSP boundary, associated mitigations can be written to address impacts of the individual project(s) that would develop the particular site(s).
It is assumed that the City will have reviewed the revised PDMSP and determined it suitable before the current EIR process is initiated.
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Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Section 2.0 EMC Planning Group Team 2-1 EMC Planning Group Puente del Monte Specific Plan Proposal (Revised) October 20, 2025
2.0 EMC Planning Group Team
2.1 EMC Planning Group Staff
All of EMC Planning Group’s staff that prepared the original administrative draft SEIR for the PDMSP and that prepared the EIR for the Vista Lucia Project are available to prepare the EIR for the current PDMSP. This institutional knowledge will be of benefit for completing the current EIR as efficiently as possible. EMC Planning Group staff that would contribute to the EIR are listed in Table 2-1, EMC Planning Group Staff.
Table 2-1 EMC Planning Group Staff
Staff Member Position
Teri Wissler Adam Senior Principal, Principal in Charge, Project Manager Ron Sissem, MRP Senior Principal, Advisor
Shoshana Lutz Senior Planner, Assistant Project Manager Troy Lawson, MCRP Associate Planner
Kylie Pope, MSP Associate Planner
Janet Walther, MS Principal Biologist
Rose Ashbach Associate Biologist
Vanessa Potter, MS, RPA Registered Professional Archaeologist Matt Papurello GIS and Graphics Technician
2.2 Subconsultants
Given that the PDMSP project description has changed relative to the original project, technical reports prepared for that project will need to be updated or new reports prepared. Subconsultants and the technical work they will complete are listed in Table 2-2, EMC Planning Group Team Subconsultants.
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Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Section 2.0 EMC Planning Group Team 2-2 EMC Planning Group Puente del Monte Specific Plan Proposal (Revised) October 20, 2025 Table 2-2 EMC Planning Group Team Subconsultants
Company Role Key Staff Members and Titles
WJV Acoustics Noise Analysis Walter Van Groningen, President Hexagon Transportation
Consultants Vehicle Miles Traveled Analysis
Robert Del Rio, T.E. Vice-President & Project Manager
Ollie Zhou, T.E. Principal
Luis Descanzo, Associate
WJV Acoustics
WJV Acoustics will prepare a revised noise assessment based on the current project description. It will focus on noise exposure from the approved, adjacent Gloria Road Agricultural Cooler project, land use compatibility between proposed land uses, and changes in traffic noise impacts resulting from reduced trip generation (relative to the original PDMSP project) and possible changes in trip distribution. The scope of work is included in Attachment A.
Hexagon Transportation Consultants
Hexagon Transportation Consultants will prepare a vehicle miles traveled analysis. The scope of work is included in Attachment B.
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Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Section 3.0 Scope of Work 3-1 EMC Planning Group
Puente del Monte Specific Plan Proposal (Revised) October 20, 2025
3.0 Scope of Work
The following scope of work is based on the information provided to EMC Planning Group by the City and on our current understanding of the City’s needs for the proposed project. The scope of work can be refined as needed to ensure that the City’s needs are fully addressed. The following tasks are proposed.
3.1 Project Management and Administration
Issues scoping, project team coordination, and administration. Provide CEQA consultation and management services.
Conduct internal team meetings.
Provide email progress reports to City staff.
Initiate and manage subconsultants.
Manage contract and prepare invoices.
3.2 Kickoff Meeting/Site Visit
Attend virtual scoping meeting with City staff and applicant (October 3, 2025). Prepare for and facilitate a kick-off meeting with City staff and the applicant team. The purpose is to further articulate the project description and project schedule, and to discuss other topics including communications protocols, key environmental issues, potential public controversy, etc.
EMC Planning Group will prepare an agenda for the meeting. Conduct a site investigation to update existing conditions at the project site and in the vicinity, catalogue land use and resource issues, and prepare photo documentation for use in the EIR.
3.3 Meetings and Telephone Conferences
Facilitate up to 12 phone conferences/Zoom calls.
Facilitate up to four in-person meetings with City staff, stakeholders, applicant, etc.
3.4 Detailed EIR Schedule
Prepare and submit a detailed EIR schedule including all tasks and deliverables, each with specific dates.
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Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Section 3.0 Scope of Work 3-2 EMC Planning Group
Puente del Monte Specific Plan Proposal (Revised) October 20, 2025
3.5 Project Description
In accordance with CEQA Guidelines Section 15124, EMC Planning Group will prepare a standalone draft project description document for City staff review. It is assumed that only City staff will comment on the project description and that it will not be circulated to the applicant team for review and comment. City staff comments will be addressed in the process to prepare a final draft project description. Subsequent changes to the project description that are prompted by the City or the applicant may require a contract amendment, particularly if such changes trigger the need to revise sections of the EIR and/or technical reports whose analyses are based on the final draft project description.
3.6 Notice of Preparation
Prepare and submit to City staff a revised draft Notice of Preparation (NOP) of an EIR consistent with CEQA Guidelines Section 15082.
Prepare a final version of the revised NOP, prepare associated notices (e.g., notice of completion and project summary form), and upload to CEQA Submit, the State Clearinghouse CEQA document site.
It is assumed that the City will distribute the NOP to all local responsible and trustee agencies, including LAFCO, Monterey County Resource Management Agency, AMBAG, Monterey Bay Air Resources Board, and organizations/individuals on the City’s distribution list via certified mail.
3.7 Scoping Meeting
Support City staff in conducting one scoping meeting to be organized by City staff. Contribute content to presentation materials to be created by City staff as needed.
3.8 Review Technical Analyses to be Provided by the City or the Applicant
The City has indicated that the following additional technical documentation will be provided to EMC Planning Group for use in the EIR:
Water Supply Assessment to be prepared by Zanjero and provided by the City. Phase I Environmental Site Assessment to be provided by the Applicant. Updated Wetland Delineation.
CTS Protocol Surveys.
EMC Planning Group will review these reports for their use in the EIR, although it will not be a formal peer review. EMC may ask clarification questions associated with each report.
Packet Pg. 100 Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Section 3.0 Scope of Work 3-3 EMC Planning Group
Puente del Monte Specific Plan Proposal (Revised) October 20, 2025
3.9 Administrative Draft EIR
EMC Planning Group staff will prepare several technical analyses as inputs to the EIR. The level of effort for each is incorporated into the EIR budget under the administrative draft, screencheck draft, draft and final EIR tasks.
Biological Resources
The majority of the project site is currently in active agricultural production. Special-status biological resources to be addressed in the CEQA process include California tiger salamander (CTS), burrowing owl, San Joaquin kit fox, Congdon’s tarplant, and jurisdictional wetlands and waterways.
EMC Planning Group biologists will utilize existing biological report(s) to complete the biological resources section of the EIR. The following tasks will be completed:
Conduct a biological reconnaissance-level field survey to document current site conditions. Review the following technical reports prepared by the applicant’s consultants:
Biological Constraints Analysis report prepared December 15, 2020 by Live Oak Associates, Inc.;
Peer Review and Response, EMC Planning Group and Live Oak Associates, Inc. 2020; Wetland delineation report dated October 26, 2006 by Live Oak Associates, Inc.; Updated wetland delineation report by Live Oak Associates (EMC Planning Group has not yet received this update); and
Year one CTS protocol surveys (2026) (EMC Planning Group has not yet received this update).
Review the following resource agency correspondence, which may require consultation with the agencies:
U.S. Army Corps of Engineers jurisdictional delineation letter dated February 5, 2007, that was valid for five years following an agency site visit; Letter from University of California, Davis dated September31, 2006 stating that California Tiger Salamander (CTS) specimens present on the site and in the project vicinity are genetic hybrids and therefore not protected by the Endangered Species Act; U.S. Fish and Wildlife Service letter dated June 15, 2007 summarizing the genetic testing of CTS on and near the project site, which concluded that the CTS are hybrids not protected by the Endangered Species Act; and
California Department of Fish and Wildlife comments on the Vista Lucia Project EIR.
Packet Pg. 101 Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Section 3.0 Scope of Work 3-4 EMC Planning Group
Puente del Monte Specific Plan Proposal (Revised) October 20, 2025 Present the anticipated project impacts and determine their levels of significance, and include appropriate mitigation measures to avoid, minimize, and/or mitigate potentially significant impacts to biological resources. Mitigation measures are expected to address whether incidental take authorization for CTS from the California Department of Fish and Wildlife may be necessary; focused surveys for Congdon’s tarplant; and wetland coordination and/or permitting with the U.S.
Army Corps of Engineers, California Department of Fish and Wildlife, and Regional Water Quality Control Board.
The scope of work does not include wetland/waterway assessment or delineation, protocol surveys, or regulatory agency coordination/permitting.
Cultural Resources
Cultural resource impacts of the original PDMSP project were evaluated in the administrative draft SEIR based on EMC Planning Group’s peer review of the project applicant’s cultural resources reports, a historical resources evaluation prepared by Archeological Resource Management for EMC Planning Group, and on a field reconnaissance conducted by EMC Planning Group’s registered professional archaeologist. The results of the impact analysis will be modified to reflect the current project description and modified boundary, and will be updated with the results of a new archival records search.
A new tribal consultation process should be conducted given the passage of time since the first consultation was offered. EMC Planning Group would obtain a list of culturally and regionallyaffiliated tribes from the Native American Heritage Commission (NAHC) (via a Sacred Lands File Search) and prepare a draft letter offer of tribal consultation to tribe(s) in accordance with Assembly Bill (AB) 52. The offer letter(s) should be prepared on City letterhead and sent out by City staff to tribal representatives. Two hours have been included in the budget to attend meetings (telephone or Zoom) if consultation is requested and if the City desires such support. The results of consultation, if conducted, will be presented in this section of the EIR.
Air Quality
The proposed project is located in the North Central Coast Air Basin (air basin), which falls under the authority of the Monterey Bay Air Resources District (air district). Therefore, the analysis will reference the air district’s 2008 CEQA Air Quality Guidelines, as well as other relevant CEQA documents. The air district provides project level thresholds of significance that can be used to evaluate the potential significance of individual project impacts.
The following steps will be taken to evaluate air quality impacts:
Describe the physical and climatological characteristics of the North Central Coast Air Basin, existing air pollutant conditions, health effects of air pollutants, and air quality planning and regulatory requirements.
Packet Pg. 102 Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Section 3.0 Scope of Work 3-5 EMC Planning Group
Puente del Monte Specific Plan Proposal (Revised) October 20, 2025 Review current air quality planning documents, policies, and procedures applicable to the proposed project.
Run CalEEMod to calculate air emissions volumes based on proposed project conditions. The model methodology, assumptions, and results will be presented. Compare model results to the air district’s air quality thresholds to determine if the proposed project would result in significant impacts; and
If significant impacts are identified, determine if the mitigation measures identified in the General Plan EIR would reduce the impacts to less than significant, or if modified or new mitigation measures are required.
Greenhouse Gas Emissions
The proposed project will generate GHG emissions during construction and operation, with the most significant source being transportation, with electricity and natural gas use as significant secondary sources.
The City’s 2018 Climate Action Plan is a qualified plan for reducing GHG emissions that can be used to streamline the CEQA analysis for projects planned for construction prior to 2030 (the effective time horizon for the Climate Action Plan) that are consistent with the General Plan. This opportunity will be described and mitigation requiring consistency of such projects with applicable Climate Action Plan GHG reduction measures will be identified. For projects that would be constructed after 2030, either a qualitative analysis approach (consistency with the applicable California Air Resources Board’s Scoping Plan) will be used or a quantified threshold of significance will be developed with GHG emissions volumes as modeled in CalEEMod compared to that threshold to assess impact significance.
The following tasks will be completed:
Describe the existing climate change setting at the global, state and local levels. Discuss the existing climate change policy and regulatory setting, including review of state and local legislation and regulations.
Describe existing activities within the project site that generate GHG emissions. Discuss the Climate Action Plan and review the CEQA streamlining provisions related to qualified plans for reducing GHG emissions.
Identify the City of Gonzales Climate Action Plan GHG reduction measures that would apply to individual projects constructed by 2030 that are consistent with the General Plan. Include mitigation measures in the EIR, in the form of applicable Climate Action Plan GHG reduction measures, to ensure consistency with the Climate Action Plan. Consistency with the Climate Packet Pg. 103 Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Section 3.0 Scope of Work 3-6 EMC Planning Group
Puente del Monte Specific Plan Proposal (Revised) October 20, 2025 Action Plan allows a determination of no significant impact from GHG emissions for such projects.
For individual projects that would be constructed after 2030, either a qualitative analysis approach (consistency with the applicable California Air Resources Board’s Scoping Plan) will be used or a quantified threshold of significance will be developed with modeled GHG emissions volumes compared to the threshold to assess impact significance. Mitigation measures to reduce identified impacts will be provided based on the impact analysis methodology to be used.
Energy
Energy will be required for both the construction and operation of the project. During construction, fuel will be consumed by vehicles and machinery traveling to and from the site, as well as for equipment used in the building process. During operations, transportation fuel will be used by project residents, employees and businesses; electricity will be needed for lighting, HVAC systems, and other building functions, and while natural gas may be used for other project applications.
The thresholds of significance for energy impacts are qualitative. Consequently, potential impacts will be discussed qualitatively. The proposed project will be required to comply with uniformly applied regulations and potentially to reduce criteria air emissions and/or GHG emission via measures that also reduce energy demand; applicable regulations and air quality and GHG reduction measures will be discussed to identify how energy demand will be moderated. The project potential to result in wasteful or inefficient energy use will be evaluated in the context of these variables, whether the proposed development type (and its energy demand) can be characterized as unnecessary or wasteful.
The following tasks will be completed:
Report energy demand from on-site use of natural gas and electricity for the proposed project conditions based on the CalEEMod results.
Identify transportation fuel demand for the proposed project conditions based on Emissions Factors model results.
Identify current regulations that would reduce energy demand from future development. Identify energy demand reduction measures being proposed by the project applicant. Describe energy demand reduction that would occur with implementing air quality and/or GHG mitigation measures, if any.
Identify the significance of energy impacts.
Present mitigation measures to reduce energy consumption, if necessary.
Packet Pg. 104 Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Section 3.0 Scope of Work 3-7 EMC Planning Group
Puente del Monte Specific Plan Proposal (Revised) October 20, 2025 Administration Draft EIR Steps
Review all responses to the revised NOP to ensure that all relevant concerns raised are addressed in the administrative draft EIR.
Prepare the administrative draft EIR to address all CEQA mandated content. Impacts anticipated to be less than significant may be included in a single section along with a summary of evidence this determination. Effects anticipated to be less than significant include aesthetics, geology and soils, mineral resources, energy, and solid waste. Analyses of up to three alternatives, including the no project alternative, are included in the project budget.
Deliver PDF and Word copies of the administrative draft EIR to City staff for review and comment.
It is assumed that City staff will distribute the administrative draft for review by the appropriate City departments, coordinate the City’s comment process, and provide one integrated set of internally consistent comments that identifies specific questions and/or revisions. It is assumed that the City will not circulate the administrative draft EIR to the applicant team for review and comment. If so, a contract amendment may be required.
3.10 Screencheck Draft EIR
Revise the administrative draft EIR to incorporate City staff comments. Deliver one PDF copy of the screencheck draft EIR.
3.11 Public Review Draft EIR and Noticing
Revise the screencheck draft EIR to incorporate City staff comments. Deliver one PDF copy of the public review draft EIR to the City. Prepare draft and final notices and upload the draft EIR and notices to CEQA Submit. The City of Gonzales is assumed to be responsible for distributing and circulating the draft EIR and associated Notice of Availability to agencies, local jurisdictions, and individuals. The City of Gonzales is assumed to be responsible for preparing and publishing the Notice of Availability with the local newspaper and County Clerk (and for all associated fees for publication and posting).
3.12 Administrative Final EIR
Prepare an administrative final EIR as a separate document from the draft EIR, to include a list of all agencies and individuals commenting on the draft EIR, comments received during the public review period for the draft EIR, responses to those comments, and changes to the draft EIR as may be needed based on comments received.
Packet Pg. 105 Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Section 3.0 Scope of Work 3-8 EMC Planning Group
Puente del Monte Specific Plan Proposal (Revised) October 20, 2025 EMC Planning Group will deliver one PDF copy to City staff for review and comment. The level of effort to complete the administrative final EIR cannot be known at this time. The level of effort assumed is shown in the project budget. Once all comments are received, if the level of effort is likely to exceed the budgeted amount, EMC Planning will inform City staff that a contract amendment may be required. The current proposed budget assumes eight comment letters (same as the number received on the draft EIR for Vista Lucia) that do not require additional environmental analysis.
It is assumed that City staff will distribute the administrative final EIR for review by the appropriate City departments and will coordinate the City’s comments, with one integrated, internally consistent set of comments to be delivered to EMC Planning Group that identifies specific questions and/or revisions required to prepare the final EIR.
3.13 Final EIR
Revise the administrative final EIR to incorporate City staff comments. EMC Planning Group will deliver one PDF copy to City staff. It is assumed that City staff will be responsible for distributing the final EIR to all parties that submitted comments on the draft EIR.
3.14 Mitigation Monitoring and Reporting Program
EMC Planning Group will prepare a draft mitigation monitoring program that includes mitigation measures in the EIR.
EMC Planning Group will deliver one PDF copy of the draft to City staff for review. It is assumed City staff will provide one integrated, comprehensive set of comments that identifies specific questions and/or revisions required. EMC Planning Group will then deliver one PDF copy of the final mitigation and monitoring program to City staff.
3.15 CEQA Findings and Evidence
EMC Planning Group will prepare one set of draft CEQA findings in Word per CEQA Guidelines section 15091.
It is assumed City staff and the City Attorney will review the draft findings, with City staff delivering one integrated, comprehensive set of comments that identifies specific questions and/or revisions required.
EMC Planning Group will integrate City staff/Attorney comments into a final draft Word version of the CEQA findings and deliver one PDF copy to City staff.
Packet Pg. 106 Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Section 3.0 Scope of Work 3-9 EMC Planning Group
Puente del Monte Specific Plan Proposal (Revised) October 20, 2025
3.16 Public Hearings/NOD
EMC Planning Group will attend and respond to comments and questions on the CEQA process and key findings at one Planning Commission and one City Council public hearing for certification of the final EIR. EMC Planning Group will prepare a draft Notice of Determination for filing by the City with the County Clerk. It is assumed that the City/applicant are responsible for all fees associated with filing the Notice of Determination.
Optional Tasks
One optional task is presented here with associated costs included as line items in the attached budget spreadsheet.
This task includes EMC Planning Group attendance at additional meetings and/or public hearings if requested by City staff.
Packet Pg. 107 Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Section 4.0 Schedule and Budget 4-1 EMC Planning Group
Puente del Monte Specific Plan Proposal (Revised) October 20, 2025
4.0 Schedule and Budget
4.1 Schedule
A projected schedule is included on the following page. It assumes a notice to proceed is provided at the end of October 2025. The CEQA process is anticipated to take approximately one year to complete. A number of assumptions are embedded in the proposal that if not valid, could result in schedule changes.
4.2 Budget
The proposed budget is shown on the page following the schedule.
Technical studies needed to prepare the program EIR are included. As noted in Section 1.0, a limited amount of the information in the prior PDMSP SEIR may remain usable for the current EIR. Similarly, background information in the Vista Lucia EIR may be of benefit in reducing time and cost for the current PDMSP EIR.
Packet Pg. 108 Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Activity Name Start Date Finish Date November December January February March April May June July August September October November December 2025 2026 November December January February March April May June July August September October November December Notice to Proceed 11/3/25 11/3/25Consultation Tasks 11/3/25 10/26/26Site Investigation 11/12/25 11/12/25Draft Project Description 11/3/25 11/21/25City Staff Review 11/24/25 12/8/25Draft NOP/City Staff Review 11/24/25 12/8/25Final NOP 12/9/25 12/12/2530-day Scoping Period 12/17/25 1/15/26Scoping Meeting 1/13/26 1/13/26Noise Assessment 12/1/25 1/23/26VMT Analysis 11/10/25 12/5/25Administrative Draft EIR 11/10/25 2/27/26City Staff Review 3/2/26 3/30/26Screencheck Draft EIR/Noticing 3/31/26 4/20/26City Staff Review 4/21/26 5/5/26Draft EIR/Noticing 5/6/26 5/26/2645-day Public Review Period 5/29/26 7/13/26Admin. Final EIR/Draft MMRP 7/14/26 8/14/26City Staff Review 8/17/26 9/18/26Draft Findings 8/17/26 9/18/26City Staff/City Attorney Review 9/21/26 10/5/26Final EIR/MMRP/NOD 9/21/26 10/9/26Final Findings 10/7/26 10/21/26Public Hearings 11/2/26 11/30/26File NOD 12/1/26 12/1/26 123456789
10 11
1213141516171819202122232425
Puente del Monte Specific Plan EIR Schedule
October 20, 2025
Packet Pg. 109
Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Task
Staff Senior Principal Senior Planner Associate Planner Associate Planner Reg. Prof. Archaeologist Principal Biologist Associate Biologist Graphics Production Manager Admin./ Production Billing Rate (Per Hour) $295.00 $225.00 $195.00 $195.00 $145.00 $245.00 $185.00 $150.00 $165.00 $125.001. Project Management/Administration 21 19 0 0 0 0 0 0 0 6 46 $11,220.002. Kick-off Meeting/Site Visit 8 0 0 0 0 0 0 0 0 0 8 $2,360.003. Phone Conferences (12)/Meetings (4) 16 20 4 4 0 4 0 0 0 0 48 $11,760.004. Detailed EIR Schedule 3000 0 0 0000 3 $885.005. Project Description 2 12 0 0 0 0 0 10 2 0 26 $5,120.006. Notice of Preparation 1 4 14 0 0 0 0 6 0 0 25 $4,825.007. Scoping Meeting 0 8 0 0 0 0 0 0 0 0 8 $1,800.008. Review Technical Documentation 4 8 4 4 0 0 0 0 0 0 20 $4,540.009. Admin Draft EIR 16 86 44 133 6 18 17 10 4 1 335 $69,295.0010. Screencheck Draft EIR 4 8 14 14 0 0 2 4 4 0 50 $10,070.0011. Public Review Draft EIR and Noticing 4844 0 0 0 2 4 2 28 $5,750.00
12. Administrative Final EIR 6 16 24 16 0 2 0 1 4 4 73 $14,970.0013. Final EIR 2 6 8 4 0 0 0 0 4 0 24 $4,940.0014. Mitigation Monitoring & Reporting Program 0108 0 0 0 0 0 0 9 $1,785.00
15. CEQA Findings and Evidence 4 4 24 0 0 0 0 0 0 0 32 $6,760.00
16. Public Hearings (2)/NOD 12 0 2 0 0 0 0 0 0 0 14 $3,930.00 Subtotal (Hours) 103 200 142 187 6 24 19 33 22 13 Total Hours Total Cost Subtotal (Cost) $30,385.00 $45,000.00 $27,690.00 $36,465.00 $870.00 $5,880.00 $3,515.00 $4,950.00 $3,630.00 $1,625.00 749 $160,010.00 Anticipated Overtime CostsAdditional Costs
Production/Printing CostsTravel CostsPostal/DeliverablesMiscellaneousAdministrative Overhead 15%TotalWJV AcousticsHexagon Transportation ConsultantsSubconsultant Overhead 15%TotalTotal CostsOPTIONAL TASKS NOTE: This proposed budget is valid for 90 days
1 Public Meeting Attendance per 4-hr Meeting234
$1,800.00
$0.00$0.00$0.00
$700.00
$1,495.00
$195.00$100.00$400.00$100.00
$4,850.00
$17,000.00
$186,632.50
$3,277.50
$25,127.50
Puente del Monte Specific Plan EIR Budget (Revised October 2025) EMC Planning Group Inc.
Subconsultant Fees
Total
Hours Total Cost
$0.00
Packet Pg. 110
Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with
WJV Acoustics Environmental Noise Assessment
Scope of Work A
ATTACHMENT
Packet Pg. 111 Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Aviation Noise Studies ꞏ Community Noise ꞏ Architectural Acoustics ꞏ Environmental Noise Assessments 113 N. Church Street, Suite 203 ∙ Visalia, CA 93291∙ (559) 627-4923 1861 (Puente Del Monte Annexation Project SEIR Update, Gonzales) April 16, 2025
Mr. Ron Sissem
Senior Principal
EMC PLANNING GROUP INC.
601 Abrego Street
Monterey, California 93940
RE: ENVIRONMENTAL NOISE ASSESSMENT UPDATE, PUENTE DEL MONTE
ANNEXATION PROJECT, SUPPLEMENTAL ENVIRONMENTAL IMPACT
REPORT (SEIR), GONZALES, CALIFORNIA
Dear Mr. Sissem:
Based upon the information you have provided, WJV Acoustics, Inc. (WJVA) is pleased to submit the following proposal to prepare an Environmental Noise Assessment for the above‐referenced project. Following is a description of our proposed scope of services, fee and schedule for completion.
Scope of Services:
1. WJVA will utilize the results of the previously prepared comprehensive ambient noise survey conducted during the preparation of the 2020 environmental noise assessment previously prepared for the project. No new ambient noise data will be collected. The previously obtained information will be used to prepare the setting (existing conditions) section of the Supplemental Environmental Impact Report (SEIR) being prepared by others for the project.
2. Analyze potential project‐related changes in roadway traffic noise exposure along roadways near or adjacent to the project site. Calculations will be performed using the FHWA Highway Traffic Noise Prediction Model and traffic data to be obtained from the Packet Pg. 112 Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Mr. Ron Sissem
Senior Principal
EMC PLANNING GROUP INC.
April 16, 2025
1861 (Puente Del Monte Annexation Project SEIR Update, Gonzales) project traffic engineer or other sources as may be appropriate. Compare project‐related changes in traffic noise exposure to applicable noise level standards and other thresholds of significance.
3. Evaluate noise impacts from the project including 1) noise from existing noise sources as it may affect proposed noise‐sensitive uses within the project and 2) noise from the project as it may affect existing noise‐sensitive uses in the project area. This will include a discussion of construction noise and vibration.
4. Compare project‐related noise levels to applicable City of Gonzales noise standards and other appropriate noise impact assessment thresholds as required by CEQA. Prepare generalized recommendations for noise mitigation as may be required for compliance with applicable standards. Identify any residual noise impacts considered to be significant and unavoidable.
5. Prepare a written technical report summarizing the methods, findings, and recommendations of the study. The report and associated exhibits will be formatted to facilitate incorporation into the CEQA documents being prepared for the project.
6. Review and respond to comments provided by the project team and/or City of Gonzales, as may be appropriate. Respond to noise comments related to the SEIR.
Fee:
WJVA proposes to provide the services described above for a total fee of $4,850, including expenses. Attendance of meetings or hearings, if required, would be subject to additional charges based upon the enclosed Fee Schedule plus expenses. Full payment for services rendered will be due upon submittal of the completed report.
Packet Pg. 113 Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Mr. Ron Sissem
Senior Principal
EMC PLANNING GROUP INC.
April 16, 2025
1861 (Puente Del Monte Annexation Project SEIR Update, Gonzales) Schedule For Completion:
Work will be scheduled for completion in compliance with the overall project schedule. It is anticipated that the Environmental Noise Assessment may completed within 30 days after receipt of all necessary maps, project information (including the traffic study) and the notice‐to‐ proceed.
We are looking forward to the possibility of working with you on this project. Please do not hesitate to contact me at (559) 627‐4923 or [email protected] if you have any questions or would like additional information.
Sincerely,
WJV ACOUSTICS, INC.
Walter J. Van Groningen
President
WJV:wjv
Enclosure: Fee Schedule
Packet Pg. 114 Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Aviation Noise Studies ꞏ Community Noise ꞏ Architectural Acoustics ꞏ Environmental Noise Assessments 113 N. Church Street, Suite 203 ∙ Visalia, CA 93291∙ (559) 627-4923 1861 (Puente Del Monte Annexation Project SEIR Update, Gonzales)
FEE SCHEDULE
WJV Acoustics, Inc.
January 1, 2025
Labor: Time spent on behalf of a client is charged as follows:
Principal Consultant: $185/hour
Consultant: $160/hour
Technician: $95/hour
Clerical: $85/hour
Time spent includes travel to/from WJVA’s Visalia office.
A surcharge of 50% over the above rates will be charged for expert witness testimony.
Direct Charges: Direct charges include actual costs for travel, lodging, meals, mileage, equipment fees, computer services, printing and similar costs. Mileage is charged at the standard IRS rate.
Retainer: A retainer of up to 50% of the total fee may be required for new clients or jobs where initial expenses are anticipated to exceed $500.
Note: A Finance Charge of 1% per month, which is 12% per annum, may be charged on accounts not paid within 30 days of invoice.
Packet Pg. 115 Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Hexagon Transportation Consultants
VMT Assessment Scope of Work B
ATTACHMENT
Packet Pg. 116 Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) October 6, 2025
Ms. Teri Wissler Adam
EMC Planning Group
601 Abrego Street
Monterey, CA 93940
Subject: Proposal to Prepare Updated VMT Analysis for the Puente Del Monte Development Specific Plan Ms. Wissler Adam:
Hexagon Transportation Consultants, Inc. is pleased to submit this proposal to prepare a Vehicle Miles Traveled (VMT) analysis for the proposed Puente Del Monte Development Specific Plan in the City of Gonzales, California. The project site consists of approximately 500 acres of mainly undeveloped land located along the north side of Gloria Road and west side of Iverson Road. The proposed project would consist of predominantly residential land uses, up to 2,492 units, and also would include light industrial space, schools, parks, and open space. Based on the City’s 2010 General Plan, the land use designations for the project parcels include neighborhood residential, neighborhood commercial mixeduse, and public/quasi-public. Access to the project area will be provided via a singular access point along Gloria Road.
Scope of Services
Historically, traffic impact analysis has focused on the identification of traffic impacts and potential roadway improvements based on delay to relieve traffic congestion that may result due to proposed/planned growth. However, with the adoption of Senate Bill (SB) 743 legislation, public agencies are required (effective July 2020) to base transportation impacts on VMT rather than level of service that typically uses delay as its metric. The change in measurement is intended to better evaluate the effects on the state’s goals for climate change and multi-modal transportation. Therefore, an evaluation of the project’s effect on VMT must be completed.
CEQA guidelines require an evaluation of potential impacts related to adopted VMT methodologies and impact criteria.
The scope tasks will consist of an evaluation of the projects’ effects on VMT consistent with the methodologies and impact thresholds as identified in the City’s adopted VMT policy. The analysis will include the following:
1. VMT Evaluation. Hexagon will use the AMBAG Regional Travel Demand Model (RTDM) to estimate the baseline and projected 2045 Citywide VMT.
Adjustment of AMBAG model TAZ land use data for the Puente del Monte Specific Plan Projections of VMT per capita and VMT per employee for the Puente del Monte Specific Plan. The project VMT will then be compared with the adopted City VMT policy impact thresholds to determine project impacts.
2. Description of Impacts and Mitigation. Based on the results of the VMT assessment, impacts due to the sitegenerated VMT will be identified and described. Mitigation of VMT impacts could include improvements to the transit, bicycle, and pedestrian infrastructure.
3. Administrative Draft Memorandum. Hexagon’s findings and recommendations will be summarized in an administrative draft report.
4. Final Memorandum. Following review and comment (on the administrative draft) by EMC, a draft report will be submitted for review by the City of Gonzales staff. Hexagon will prepare a final memo that addresses all of the comments received from EMC and City staff. This final report will be included in the Draft SEIR made available for public circulation. Following public review and comment, Hexagon will respond to comments as required in completion of the Final EIR. Hexagon assumes no more than four hours of staff time to respond to public comments.
Packet Pg. 117 Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) Ms. Teri Wissler Adam
October 6, 2025
Additional Services
Any work not specifically referenced in the above Scope of Services—for example, analyzing a different project description or project alternatives, analyzing additional scenarios or phases of the project, conducting technical analyses not described above, and attending public hearings or meetings—shall be considered additional services.
Additional services will require additional budget and time.
Time of Performance
Barring any unforeseen delays, an administrative draft memorandum will be submitted 5-6 weeks after authorization to proceed. The draft and final reports will be delivered within one week after receipt of all respective review comments.
We are ready to start work on this project immediately upon authorization.
Cost of Services
The cost for services rendered under this agreement will be a lump sum amount of $17,000, as outlined in our Scope of Services. Billings will be conducted monthly, on a percent complete basis. "Additional Services" shall be provided upon authorization and, if requested, will be billed separately. This price quote is good for 30 days. This price quote assumes all project-related activities will be completed within one year. An extended project schedule may require additional budget for project administration.
Exceptions
The following items will not be included as part of the scope and budget described above:
AMBAG Model Runs. The use of the AMBAG model will be limited to extracting data for the use in the development of traffic growth factors, distribution of project trips, and estimates of VMT. The scope does not include model runs to develop project-specific traffic forecasts. The AMBAG model includes future land use data estimates for Monterey County as well as Gonzales. However, the AMBAG land use data estimates would need to be refined into a new Gonzales-specific traffic zone structure to obtain accurate forecasts within the City. An extensive effort would be required to refine the AMBAG model or develop a Citywide model based on the AMBAG model.
We appreciate your consideration of Hexagon Transportation Consultants for this assignment. If you have any questions, please do not hesitate to call.
Sincerely,
HEXAGON TRANSPORTATION CONSULTANTS, INC.
Robert Del Rio, T.E.
Vice President & Principal Associate
Packet Pg. 118 Attachment: Resolution No. 2025-83 with Attachments (3413 : Resolution No. 2025-83 Agreement with EMC Planning for Puente Del Monte EIR) City of Gonzales
PUBLIC WORKS / CITY ENGINEER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: November 17, 2025
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, City Manager
SUBJECT: Adoption of Ordinance No. 2025-153 Updating Chapter 10.16 Sewer Use
RECOMMENDATION
It is recommended that the City Council waive reading, and read by title only and adopt Ordinance No. 2025-153, An Ordinance of the City Council of the City of Gonzales Updating Chapter 10.16 Sewer Use of the Gonzales Municipal Code.
BACKGROUND
Wastewater discharged to the City sewer system is governed by the City’s Sewer Ordinance codified in Municipal Code Chapter 10.16. Expanding the City’s wastewater system by building an Industrial Wastewater System (currently under construction) and upgrading the Municipal Wastewater Treatment Plant necessitated the City to update the Sewer Ordinance. The updated Sewer Ordinance will align City requirements with current State regulations, Regional Water Board permit requirements, and formalize existing City processes.
The MWWTP receives approximately 65 percent of its wastewater from three significant users (Taylor Farms, Del Monte/Mann Packing and Braga Fresh). Discharges from those facilities contain cleanizers and sanitizers that occasionally exceed the prescribed limit resulting in disrupting the biological treatment process at the MWWTP. These upsets result in significant periods of time during which the MWWTP struggles to treat wastewater.
The updated Sewer Ordinance includes:
1. A Source Control Program, prepared under Title 40 of the Code of Federal Regulations to regulate significant wastewater dischargers.
AGENDA
ITEM
17 Packet Pg. 119
2. Requires pretreatment of ag-wash water by processing facilities before discharging to the City’s sewer system.
3. Establishment of a formal Pretreatment Permit Program
4. Enforcement measures (inspections, regular self-reporting and penalties) The objectives of the Source Control Program are to prevent:
• Interference and/or upset with biological treatment process at the MWWTP • Pass-through of conventional and toxic pollutants
• Harm to the sanitary sewer system or WWTP infrastructure from pollutants • Contamination of biosolids at the MWWTP
• Worker or public exposure to chemical hazards
REVIEW & ANALYSIS
The City engaged Larry Walker Associates to prepare the updated Sewer Ordinance and supporting documents. The consultant’s scope of work included the following steps:
• Evaluated the current wastewater treatment system processes • Prepared a “Local Limits Plan” which identified what can and cannot be discharged to the sewer system. This will protect the biological treatment process at the City’s WWTP from interference from cleanizers and sanitizers discharged by the processing facilities • Drafted an updated Sewer Ordinance for review by City staff and City Attorney. • Prepared Pretreatment Program Administrative Manual
The updated Sewer Ordinance includes the flowing support documents:
• Local Limits Report
• Source Control Program Administrative Procedures Manual • Current User Inventory
• Wastewater Discharge Application
• Wastewater Permit
• Inspection Checklist
• Enforcement Response Plan
City staff provided the draft sewer ordinance to the major wastewater dischargers (Taylor Farms, Del Monte/Mann Packing, Braga Fresh, Green Valley Farm Supply, Silva Farms) for their review and no comments were received.
At the November 3, 2025 City Council meeting, the Council waived reading, introduced and read by title only Ordinance No. 2025-153 which will amend Chapter 10.16 of the Gonzales City Code to reflect the changes referenced above. Staff recommends that the Council conduct a public hearing (which was noticed in accordance with all legal requirements) to receive comments, waive reading, and thereafter adopt and read Ordinance No. 2025-153 by title only this evening.
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: Updating the Sewer Ordinance will improve the performance of the city wastewater treatment plant and therefore supports our vision of preserving the city’s infrastructure.
Packet Pg. 120
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: See above.
City services will be delivered in a cost-effective, respectful and friendly manner to ensure the safety and well being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. X Yes ____No ____ N/A Explain: See 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
None at this time.
BUDGET IMPACT
Adoption of the proposed Ordinance will require additional staff and consultant time to oversee and enforce the new Sewer Pretreatment Program.
CEQA
The adoption of this ordinance is exempt from the California Environmental Quality Act, based on 14 California Code of Regulations Section 15061(b)(3), where, as the case here, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and Section 15060(c) (3)- the activity is not a project as defined in Section 15378. The adoption of the sewer use ordinance is a regulatory act, and will not physically alter the city’s infrastructure, but instead, will establish standards for its use.
CONCLUSIONS
It is recommended that the City Council waive reading, and read by title only and adopt Ordinance No. 2025-153, An Ordinance of the City Council of the City of Gonzales Updating Chapter 10.16 Sewer Use of the Gonzales Municipal Code.
Attachments:
1. Public Hearing Notice
2. Ordinance No. 2025-153 with Exhibit A
Packet Pg. 121
Packet Pg. 122 Attachment: Public Hearing Notice (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) ORDINANCE NO. 2025-153
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GONZALES UPDATING CHAPTER 10.16 SEWER USE OF THE GONZALES MUNICIPAL CODE WHEREAS, Wastewater discharged to the City sewer system is governed by the City’s Sewer Ordinance codified in Municipal Code Chapter 10.16; and WHEREAS, expanding the City’s wastewater system by building an Industrial Wastewater System (currently under construction) and upgrading the Municipal Wastewater Treatment Plant necessitated the City to update the Sewer Ordinance; and WHEREAS, the updated Sewer Ordinance will align City requirements with current State regulations, Regional Water Board permit requirements, and formalize existing City processes; and
WHEREAS, the updated Sewer Ordinance includes:
1. A Source Control Program, prepared under Title 40 of the Code of Federal Regulations to regulate significant wastewater dischargers.
2. Requires pretreatment of ag-wash water by processing facilities before discharging to the City’s sewer system.
3. Establishment of a formal Pretreatment Permit Program
4. Enforcement measures (inspections, regular self-reporting and penalties); and WHEREAS, the objectives of the Source Control Program are to prevent:
• Interference and/or upset with biological treatment process at the MWWTP • Pass-through of conventional and toxic pollutants
• Harm to the sanitary sewer system or WWTP infrastructure from pollutants • Contamination of biosolids at the MWWTP
• Worker or public exposure to chemical hazards; and
WHEREAS, the City engaged Larry Walker Associates to prepare the updated Sewer Ordinance and supporting documents, including but not limited to a Local Limits Report, Source Control Program Administrative Procedures Manual and Enforcement Response Plan; and WHEREAS, the updated Sewer Ordinance has been reviewed by Staff and legal counsel, and City staff provided the draft sewer ordinance to the major wastewater dischargers (Taylor Farms, Del Monte/Mann Packing, Braga Fresh, Green Valley Farm Supply, Silva Farms) for their review and no comments were received; and
WHEREAS, staff now recommends adoption of Ordinance No. 2025-153 amending Chapter 10.16 Sewer Use of the Gonzales Municipal Code.
Packet Pg. 123 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) NOW THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of Gonzales as follows:
Section 1. All the recitals set forth above are true and correct and incorporated herein as findings.
Section 2. Existing Chapter 10.16 of the Gonzales City Code is hereby deleted in its entirety.
Section 3. New Chapter 10.16, attached hereto as Exhibit A, is hereby added to the Gonzales City Code.
Section 4 - Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance or the application of such provision to other persons or circumstances shall not be affected thereby.
Section 5. CEQA Compliance. The adoption of this ordinance is exempt from the California Environmental Quality Act, based on 14 California Code of Regulations Section 15061(b)(3), where, as the case here, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and Section 15060(c) (3)- the activity is not a project as defined in Section 15378. The adoption of the sewer use ordinance is a regulatory act, and will not physically alter the City’s infrastructure, but instead, will establish standards for its use.
Section 6. Effective Date. This ordinance shall be in full force and effect thirty (30) days following a second reading hereof. Before the expiration of fifteen (15) days following passage, this Ordinance shall be published once with the names of the members of the City Council members voting for or against the ordinance in a newspaper of general circulation in Gonzales.
This ordinance was introduced at a regular meeting of the City Council of the City of Gonzales on the 3rd day of November, 2025, and was adopted at a regular meeting of the City Council on the 17th day of November, 2025, 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. 124 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) Exhibit A
Municipal Code Chapter 10.16
Sewer Use Ordinance
Section:
10.16.010 PURPOSE AND POLICY...................................................................................... 1
10.16.020 ADMINISTRATION.............................................................................................. 1
10.16.030 ABBREVIATIONS ................................................................................................ 1
10.16.040 DEFINITIONS........................................................................................................ 3
10.16.050 PROHIBITED DISCHARGE STANDARDS...................................................... 13
10.16.060 NATIONAL CATEGORICAL PRETREATMENT STANDARDS ................... 15
10.16.070 STATE PRETREATMENT STANDARDS......................................................... 15
10.16.080 LOCAL LIMITS................................................................................................... 15
10.16.090 RIGHT OF REVISION......................................................................................... 16
10.16.100 DILUTION ........................................................................................................... 16
10.16.120 WASTEWATER PRETREATMENT FACILITIES............................................ 17
10.16.130 ADDITIONAL WASTEWATER PRETREATMENT MEASURES.................. 17
10.16.140 ACCIDENTAL DISCHARGE/SLUG DISCHARGE CONTROL PLANS ........ 21
10.16.150 HAULED WASTEWATER................................................................................. 22
10.16.160 WASTEWATER ANALYSIS.............................................................................. 22
10.16.170 WASTEWATER DISCHARGE PERMIT REQUIREMENT ............................. 22
10.16.180 WASTEWATER DISCHARGE PERMITTING: EXISTING USERS ............... 23
10.16.190 WASTEWATER DISCHARGE PERMITTING: NEW CONNECTIONS......... 23
10.16.200 WASTEWATER DISCHARGE PERMIT APPLICATION CONTENTS.......... 24
10.16.210 APPLICATION SIGNATORIES AND CERTIFICATIONS.............................. 25
10.16.220 WASTEWATER DISCHARGE PERMIT DECISIONS ..................................... 26
10.16.230 WASTEWATER DISCHARGE PERMIT DURATION ..................................... 26
10.16.240 WASTEWATER DISCHARGE PERMIT CONTENTS ..................................... 26
10.16.250 WASTEWATER DISCHARGE PERMIT APPEALS......................................... 27
10.16.260 WASTEWATER DISCHARGE PERMIT MODIFICATION............................. 28
10.16.270 WASTEWATER DISCHARGE PERMIT TRANSFER...................................... 28
10.16.280 WASTEWATER DISCHARGE PERMIT REVOCATION................................ 29 Packet Pg. 125 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
i
10.16.290 WASTEWATER DISCHARGE PERMIT REISSUANCE ................................. 29
10.16.300 BASELINE MONITORING REPORTS.............................................................. 30
10.16.310 COMPLIANCE SCHEDULE PROGRESS REPORTS....................................... 32
10.16.320 REPORTS ON COMPLIANCE WITH CATEGORICAL PRETREATMENT STANDARD DEADLINE........................................................................................................ 32
10.16.330 PERIODIC COMPLIANCE REPORTS............................................................... 32
10.16.340 REPORTS OF CHANGED CONDITIONS......................................................... 34
10.16.350 REPORTS OF POTENTIAL PROBLEMS.......................................................... 35
10.16.360 REPORTS FROM UNPERMITTED USERS...................................................... 35
10.16.370 NONCOMPLIANCE SAMPLING AND REPORTING ..................................... 35
10.16.390 ANALYTICAL REQUIREMENTS..................................................................... 36
10.16.400 SAMPLE COLLECTION..................................................................................... 36
10.16.410 CERTIFICATION STATEMENTS ..................................................................... 37
10.16.420 DATE OF RECEIPT OF REPORTS.................................................................... 38
10.16.430 RECORDKEEPING ............................................................................................. 38
10.16.440 RIGHT OF ENTRY: INSPECTION AND SAMPLING ..................................... 39
10.16.450 MONITORING FACILITIES .............................................................................. 39
10.16.460 INSPECTION WARRANTS................................................................................ 40
10.16.470 CONFIDENTIAL INFORMATION .................................................................... 40
10.16.480 PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE ............. 40
10.16.490 NOTICE OF VIOLATION................................................................................... 41
10.16.500 CONSENT ORDERS ........................................................................................... 41
10.16.510 SHOW CAUSE HEARING.................................................................................. 41
10.16.520 COMPLIANCE ORDERS.................................................................................... 41
10.16.530 CEASE AND DESIST ORDERS......................................................................... 42
10.16.540 ADMINISTRATIVE FINES ................................................................................ 42
10.16.550 EMERGENCY SUSPENSIONS .......................................................................... 43
10.16.560 TERMINATION OF DISCHARGE..................................................................... 43
10.16.570 INJUNCTIVE RELIEF......................................................................................... 44
10.16.580 CIVIL PENALTIES.............................................................................................. 44
10.16.590 CRIMINAL PROSECUTION .............................................................................. 44
10.16.600 WATER SUPPLY SEVERANCE........................................................................ 45
10.16.610 REMEDIES NONEXCLUSIVE........................................................................... 45
10.16.620 PRETREATMENT CHARGES AND FEES ....................................................... 45
10.16.630 SHORTAGE OF SUPPLY ................................................................................... 46 Packet Pg. 126 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
ii
10.16.640 APPEAL PROCEDURE....................................................................................... 46
10.16.650 CONNECTION CHARGES; SEWER SERVICE CHARGES;
DELINQUENCIES ................................................................................................................... 46
10.16.660 SEVERABILITY.................................................................................................. 47
10.16.670 EFFECTIVE DATE.............................................................................................. 47 Packet Pg. 127 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use)
10.16.010 PURPOSE AND POLICY
Pursuant to the general laws of the state, the City Council declares its intention to own, construct, equip, operate, and maintain within or outside the city limits, sewage disposal plants, sewers, equipment, and appurtenances necessary, and useful, for a sewer collection system and wastewater treatment plants, and also including the reconstruction of such sewers as may necessarily or conveniently be deemed proper by the City Council.
For the protection of community’s public health, safety, and general welfare, the City Council declares its intention to regulate the generation and discharge of wastewater from all domestic, commercial, and industrial sources.
This Chapter of the City of Gonzales Municipal Code (City Code) sets forth uniform requirements for users of the Publicly Owned Treatment Works (POTW) for the City of Gonzales (City) and enables the city to comply with applicable State and Federal laws. The objectives of this Chapter are:
A. To prevent the introduction of pollutants into the POTW that will interfere with its operation, treatment processes and permit compliance.
B. To prevent the introduction of pollutants into the POTW that will pass through the POTW, inadequately treated, into percolation ponds, or otherwise be incompatible with the POTW
C. To protect POTW personnel who may be affected by wastewater and sludge in the course of their employment and the general public
D. To enable the City to comply with its Waste Discharge Requirements (WDR) conditions, sludge use and disposal requirements, and Federal or State laws to which the POTW is subject.
This Chapter shall apply to all users of the POTW. This Chapter authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; and requires user reporting.
10.16.020 ADMINISTRATION
Except as otherwise provided herein, the Public Works Director shall administer, implement, and enforce the provisions of this Chapter of the City Code. Any powers granted to or duties imposed upon the Public Works Director may be delegated by the Public Works Director to a duly authorized City employee.
For this Chapter of the City Code, “shall” and “must” are mandatory and “may” is permissive.
10.16.030 ABBREVIATIONS
In addition to the terms defined in Section 10.16.040, the following terms as used herein shall have the following meaning ascribed to them, and where relevant shall be calculated according Packet Pg. 128 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
2 to standard methods. The following abbreviations, when used in this Chapter of the City Code, shall have the designated meanings:
BOD Biochemical oxygen demand
CFR Code of Federal Regulations
COD Chemical oxygen demand
BMP Best Management Practice
BMR Baseline Monitoring Report
CIU Categorical industrial user
COD Chemical oxygen demand
FSE Food services establishment
gpd gallons per day
IU Industrial user
mg/L milligrams per liter
NIOSH National Institute of Occupational Safety and Health NSCIU Non-Significant Categorical Industrial User
POTW Publicly Owned Treatment Works
RCRA Resource Conservation and Recovery Act
SIU Significant industrial user
SNC Significant noncompliance
TDS Total dissolved solids
TSS Total suspended solids
U.S.C. United States Code
USEPA United States Environmental Protection Agency
WDR Waste Discharge Requirements
Packet Pg. 129 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
3 10.16.040 DEFINITIONS
In addition to the terms defined below, the following chemical ions or elements as used herein shall have the meanings ascribed to them commonly in chemistry and shall be calculated according to standard methods: “sodium”, “chloride”, “boron”, “sulfate” and “total nitrogen”.
For the purposes of this Chapter, the following words and phrases shall have the meanings, respectively, ascribed to them in this section:
Act or “the Act.”: The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. section 1251 et seq.
Amalgam Separator: A device that: employs filtration, settlement, centrifugation, or ion exchange to remove dental amalgam and its metal constituents from a dental office vacuum system before it discharges to the sanitary sewer system; has been certified under the International Organization for Standardization’s standard for amalgam separators as capable of removing a minimum of ninety five percent (95%) of dental amalgam at flow rates comparable to the flow rate of the actual vacuum suction system in operation; and does not have any automatic flow bypass.
Amalgam Waste: Waste that includes non-contact dental amalgam (i.e., dental amalgam scrap that has not been in contact with the patient); contact dental amalgam (e.g., extracted teeth containing amalgam); dental amalgam sludge captured by chair-side traps, vacuum pump filters, screens, and other dental amalgam trapping devices; and used, leaking or unusable capsules containing dental amalgam.
Ammonia: That form of nitrogen which is chemically defined as nitrogen (N).
Approving Authority: The Central Coast Regional Water Quality Control Board.
Authorized or Duly Authorized Representative of the User:
(1) If the user is a corporation:
(a) The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or (b) The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit.
(2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
Packet Pg. 130 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
4 (3) If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. (4) The individuals described in paragraphs (1) through (3), above, may designate a Duly Authorized Representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.
Average Concentration: The concentration of a pollutant in a user’s discharge that is calculated by adding the concentrations of the particular pollutant in all composite samples taken during a given time period, including but not limited to self-monitoring samples, and dividing the total by the number of samples taken.
Batch Discharge: The discharge of wastewater resulting from an intermittent treatment process in which an identified amount of process wastewater is collected, treated to meet discharge standards, and released to the POTW.
Best Management Practices (BMP): The schedule of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the introduction of pollutants to the sanitary sewer system, which have been determined by the Public Works Director to be cost effective for particular industry groups, business types, or specific industrial processes. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
Biological Oxygen Demand (BOD): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20 degrees centigrade, usually expressed as a concentration (e.g., mg/L).
Building Drain: That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the buildings and conveys it to the building sewer, beginning five (5) feet outside the inner face of the building wall.
Building Sewer: The extension from the building drain to the public sewer or other place of disposal.
Bypass: The intentional diversion of waste streams from any portion of a user’s treatment facility.
Categorical Industrial User (CIU): A user performing any categorical process that has any connection to the POTW, subject to federal pretreatment standards, as described in Title 40 of the Code of Federal Regulations (40 CFR) Part 405-471.
Categorical Pretreatment Standard or Categorical Standard: Any regulation containing pollutant discharge limits promulgated by USEPA in accordance with sections Packet Pg. 131 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
5 307(b) and (c) of the Act (33 U.S.C. section 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
Chemical Oxygen Demand (COD): A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.
Code of Federal Regulations (CFR): The Code of Federal Regulations as published by the Office of the Federal Register National Archives and Records Administration.
Whenever a reference is made to any portion of said code, or to any other federal regulation, such reference shall apply to all amendments and additions to such portion of said code now or hereinafter enacted.
Commercial Service: All buildings or premises used for any purpose other than a dwelling unit, but not an industrial waste discharger.
Composite Sample: A sample that accurately represents the average pollutant concentration during a continuous time period.
(1) A flow-proportional or time-proportional sample may be obtained manually or automatically, and discretely or continuously. For manual compositing, at least three (3) individual samples from each sample point shall be combined and mixed to obtain one composite sample; flow-proportion may be obtained either by varying the time interval between each discrete sample or the volume of each discrete sample.
(2) If multiple batches are discharged over a twenty-four (24) hour period, then one sample must be collected from each batch discharged in that twenty-four (24) hour period and composited into a single sample. A single sample from a batch representing one or more production days will be considered a single composite sample.
Continuous Discharge: A discharge which occurs without interruption throughout the operating hours of the facility, except for infrequent shutdowns for maintenance, process changes, or other similar activities.
Daily Maximum: The arithmetic average of all effluent samples for a pollutant collected during a calendar day.
Daily Maximum Limit: The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
Dental Amalgam: An alloy of mercury with another metal used by dentists to fill cavities in teeth.
Discharger: Any person discharging wastewater into the sanitary sewer system.
Packet Pg. 132 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
6 Domestic Wastewater: Wastewater from private residences and wastewater from other premises resulting from the use of water for personal washing, sanitary purposes or the elimination of human wastes and related matter.
Dwelling units: Buildings and structures that are constructed and used primarily for residential purposes. In any building or structure which has been constructed or altered to provide for two or more families or households, or which has been constructed or altered to accommodate travelers or transients, each unit shall also be considered a dwelling unit.
Existing Source: Any source of discharge that is not a “New Source”.
Food Service Establishment (FSE): A user that prepares and/or sells food for consumption either on or off the premises or washes utensils or dishes on premises that may contribute grease to the sewer system, including, but not limited to, restaurants, food trucks, sandwich shops, delicatessens, bakeries, cafeterias, markets, bed and breakfast inns, motels, hotels, meeting halls, caterers, retirement and nursing homes, or pizzerias.
The term does not refer to single-family units, food stores or establishments that do not prepare food on premises and do not process food in a manner which may contribute grease to the sewer system. An FSE shall be deemed to be contributing grease to the sanitary sewer system where a sanitary sewer overflow has occurred due to grease, or there has been a loss of twenty five percent (25%) or more of sewer line capacity due to grease downstream of the FSE.
Garbage: Solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage, and sale of produce. "Properly shredded garbage" means the wastes from the preparation, cooking and dispensing of foods that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (0.5) inch in any dimension.
Grab Sample: A single discrete sample collected at a particular time and place which represents the composition of the waste stream only at that time and place. A grab sample should be taken over a period not to exceed fifteen minutes.
Grease: Liquid or other waste containing floatable and/or dispersed grease, vegetable oil, petroleum oil, nonbiodegradable cutting oil, or fat, oil or grease products of animal, vegetable or mineral origin which is detectable and measurable using analytical test procedures established in the 40 CFR Part 136.
Grease Control Device: A grease interceptor, grease trap, mechanical grease removal device, or other device approved for use by the Public Works Director.
Grease Interceptor: A large tank installed underground and designed to separate and collect solid food wastes and floating grease from wastewater prior to discharge into the POTW. Grease interceptors are normally installed outside the building and use gravity to separate grease from wastewater as it moves between compartments of the interceptor.
Packet Pg. 133 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
7 Grease Trap: A device placed under or in close proximity to sinks or other fixtures likely to discharge in an attempt to separate, trap, and hold oil and grease substances.
Indirect Discharge: The introduction of pollutants into the POTW from any nondomestic source.
Industrial User: Any business, occupation, or enterprise having sewage discharge which by reason of the manufacturing or industrial process involved, or through services rendered, is in volume in excess of a single-family residence or is of a kind or type dissimilar to that of a single-family residence because of the discharge of chemicals or putrescent material as the byproducts of such process.
Industrial Waste: The liquid wastes from industrial processes as distinct from domestic sewage.
Industrial Waste of Excessive Strength: Industrial waste discharged from any premises into the POTW in any one operating day, which:
(1) Have an average daily TSS concentration in excess of 300 mg/L; or (2) Have an average daily BOD concentration in excess of 300 mg/L; or (3) Contain in excess of 2,500 pounds of TSS; or
(4) Contain in excess of 2,500 pounds of BOD.
Instantaneous Limit: The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of flow rate and duration of the sampling event.
Interference:
(1) A discharge which alone, or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the processes or operation of the sanitary sewer system, including the treatment plants, or causes or significantly contributes to a violation of any requirement of a WDR, which is a permit issued pursuant to the California Porter-Cologne Act.
(2) Prevention of biosolids use or disposal by the plant in accordance with published regulations providing guidelines under Section 405 of the Clean Water Act or in regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Water Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act, or more stringent state regulations (including those contained in any state biosolids management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the treatment plant.
Local Limit: Specific discharge limits developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in Section 10.16.050 of this Chapter.
Low Flow Discharger: An industrial discharger whose average process flow, as shown on the dischargers’ application to discharge and as measured as a moving six month average is less than 1,000 gallons per day (gpd).
Packet Pg. 134 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
8 Mechanical Grease Removal Device: A device or combination of devices using electrical equipment to heat, filter, siphon, skim, or otherwise separate and retain floating grease and solid food waste prior to the wastewater exiting the trap and entering the POTW.
Medical Waste: Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
Monthly Average: The sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.
Monthly Average Limit: The highest allowable average of “daily discharges” over a calendar month, calculated as the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.
Multi-Unit Residential Structure: A detached building designed as two (2) or more structurally joined dwelling units and occupied by two (2) or more families living independently of each other with separate entrances and including apartment houses, residential hotels, and flats.
Natural Outlet: Any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
New Source:
(1) A new source is defined as any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Clean Water Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
(a) The building, structure, facility, or installation is constructed at a site at which no other source is located; or
(b) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(c) The production of wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing sources, should be considered.
(2) Construction on a site at which an existing source is located results in a "modification" rather than a "new source" if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection Packet Pg. 135 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
9 (1)(b) or (c) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.
(3) Construction of a new source as defined under this definition has commenced if the owner or operator has:
(a) Begun, or caused to begin, as part of a continuous onsite construction program, any placement, assembly or installation of facilities or equipment, or significant site preparation work, including clearing, excavating, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
(b) Entered into a building contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this definition.
Noncontact Cooling Water: Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product. pH: The logarithm (to the base 10) of the reciprocal of the hydrogen ion concentration expressed in moles per liter. It shall be determined by one of the procedures outlined in 40 CFR Part 136.
Pass-Through: A discharge which exits the treatment plant in quantities or concentrations which alone, or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City’s WDR, including an increase in the magnitude or duration of a violation.
Person: Any person, firm, company, corporation, partnership, association, any public corporation, political subdivision, city, county, district, the State of California, or the United States of America, or any department or agency of any of the foregoing, unless this code expressly provides otherwise.
Pollutant: Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural, and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
Pollutants of Concern: Any pollutant that may prevent the City from meeting the objectives of its Source Control Program.
Pretreatment: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, Packet Pg. 136 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
10 except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
Pretreatment Requirements: Any substantive or procedural requirement related to pretreatment imposed on an industrial user other than a pretreatment standard.
Pretreatment Standard: Prohibited discharge standards, categorical pretreatment standards, and local limits.
Prohibited Discharge Standards or Prohibited Discharges: Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section
10.16.050 of this Chapter.
Premises: Any lot, parcel of land, building, or establishment, including a condominium as defined in Section 783 of the California Civil Code as an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store and which may also include in addition a separate interest in other portions of such real property.
Public Works Director: The person designated by the City to supervise the operation of the POTW, and who is charged with implementing certain duties and responsibilities in this Chapter. The term also means a designee of the Public Works Director.
Publicly Owned Treatment Works (POTW): A treatment works, as defined by section 212 of the Act (33 U.S.C. section 1292), which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to the treatment plant(s).
Public Sewer: A sewer provided by or subject to the jurisdiction of the City. It also includes sewers within or outside the City boundaries that serve one or more persons and ultimately discharge into the City’s sanitary sewer system, even though those sewers may not have been constructed with City funds.
Residential Service: Any connection to the City’s sanitary sewer system not covered by the definition of a commercial or industrial waste service.
Sanitary Sewer: A sewer that conveys sewage, and into which stormwater, surface water, and groundwaters or unpolluted industrial wastes are not intentionally admitted.
Sanitary Sewer System: All sewers, treatment plants, and other facilities owned or operated by the City for carrying, collecting, pumping, treating, and disposing of sanitary sewage and industrial wastes.
Packet Pg. 137 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
11 Service Lateral: Any pipe between the sewer lines of the City and the customer’s sewer service connection meter.
Sewage: The water-carried human, animal, or household wastes in a public or private drain, and may include groundwater infiltration, surface drainage, and industrial wastes.
Sewer: A pipe or conduit for conveying sewage or any other waste liquids, including stormwater, surface water, and groundwater drainage.
Sewerage: The system of sewers and appurtenances for the collection, transportation and pumping of sewage.
Significant Industrial User:
(1) A user that processes are subject to categorical pretreatment standards; or (2) A user that:
(a) At any point consumes more than twenty-five thousand gallons/day (25,000 gpd) from the city water system; or
(b) Contributes process wastewater which makes up five percent (5.0%) or more of the average dry weather hydraulic or organic capacity of the treatment plant; or
(c) Is designated as such by the Public Works Director on the basis that it has a reasonable potential for adversely affecting the wastewater treatment plants’ operation or for violating any pretreatment standard or requirement.
(3) The City may determine that a user subject to categorical pretreatment standards is a Non-Significant Categorical Industrial User (NSCIU) rather than an SIU on a finding that the user never discharges more than one hundred (100) gpd of total categorical wastewater (excluding sanitary, non-contact cooling, and boiler blowdown wastewater, unless specifically included in the pretreatment standard), and the following conditions are met:
(a) The user, prior to the City’s finding, has consistently complied with all applicable categorical pretreatment standards and requirements; (b) The user shall annually submit the certification statement in Section
10.16.410(B) of this Chapter, together with any additional information necessary to support the certification statement; and
(c) The user never discharges untreated wastewater.
(4) Upon a finding that a user meeting the criteria in (2) above has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from the user, determine that such user should not be considered an SIU.
Significant Noncompliance: A user is in "significant noncompliance" if it has a violation or violations meeting one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits defined here as those in which sixty six percent (66%) or more of all the measurements taken during a six (6) month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits;
Packet Pg. 138 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
12 (2) Technical Review Criteria (TRC) violations, defined here as those in which 33 percent or more of all the measurements for each pollutant parameter taken during a six month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Public Works Director determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of the POTW personnel or the general public);
(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the City’s exercise of its emergency authority to halt or prevent such a discharge; (5) Failure to meet, within ninety days after the scheduled due date, a compliance schedule milestone contained in a discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; (6) Failure to provide, within forty-five days after the due date, required reports such as baseline monitoring reports, ninety day compliance reports, periodic selfmonitoring reports, and reports on compliance with compliance schedules; (7) Failure to accurately report noncompliance; and
(8) Any other violation or group of violations, which may include a violation of reasonable control measures, which the Public Works Director determines will adversely affect the operation or implementation of the pretreatment program.
Slug Load or Slug Load Discharge: Any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or non-customary batch discharge, which has a reasonable potential to cause inference or pass-through or in any other way to cause a violation of the provisions of this Chapter or applicable permit conditions.
Standard Discharger: Any industrial user who is not a low-flow discharger.
Storm Drain: A storm pipe that carries stormwater, surface water, and groundwater drainage, but excludes sewage.
Stormwater: Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
Total Toxic Organics (TTO): The sum of the concentrations for each of the regulated toxic organic compounds listed at 40 CFR Part 401.15.
Total Suspended Solids (TSS): The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.
Trucked or Hauled Waste: Any waste discharged into the sanitary sewer system after being transported by motorized vehicle from the location where the waste was generated or produced.
Packet Pg. 139 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
13 United States Environmental Protection Agency: The United States Environmental Protection Agency (USEPA) or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.
User: Any person or entity connected to the city sewer system, or who has a dwelling unit, commercial building, or industry which puts to use a public sewer.
Waste Pipe: Any pipe or fitting which directly conveys the discharge of any plumbing fixtures, receptacle, apparatus, or device, except water closets, to a soil pipe, building drain or sewer lateral.
Wastewater: Liquid and water carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
Wastewater Treatment Plant: That portion of the POTW which is designed and constructed to treat and dispose of domestic and industrial sewage.
Yellow Grease: Used cooking oil, spent shortenings, or any other inedible kitchen grease or waste vegetable oil produced by a Food Service Establishment (FSE).
Zero Discharger: A user that does not discharge any wastewater except domestic wastewater to the POTW.
10.16.050 PROHIBITED DISCHARGE STANDARDS
A. General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or waste which causes pass through or interference. These general prohibitions apply to all users of the POTW whether they are subject to categorical pretreatment standards or any other Federal, State, or local pretreatment standards or requirements.
B. Limitation Of Point of Discharge: No utility customer shall discharge any substances directly into a manhole or other opening in the City’s sanitary sewer system other than through a City-approved sewer connection.
C. Discharge Into Storm Drain Prohibited: It shall be unlawful to discharge any sewage, industrial waste, or other polluted waters into any storm drain, natural outlet or channel without a valid National Pollutant Discharge Elimination System (NPDES) permit issued by the Central Coast Regional Water Quality Control Board.
D. Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:
1. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than 140 degrees F (60 degrees C) using the test methods specified in 40 CFR Part Packet Pg. 140 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
14 261.21. Closed-cup flashpoint values may be found in the National Institute of Occupational Safety and Health (NIOSH) Pocket Guide to Chemical Hazards.
2. Wastewater with a pH less than 6.0 or more than 8.5, or otherwise causing corrosive structural damage to the POTW, equipment, sanitary sewer system or any part thereof, or causing any health and safety threat to any personnel operating, maintaining, repairing, or constructing said sanitary sewer system or any part thereof, or working in or about said system.
3. Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference. No person shall discharge, deposit or throw, or cause to be discharged, deposited, or thrown into the sanitary sewer system or any part thereof, any ashes, cinders, pulp, paper, sand, cement, mud, straw, shavings, metal, glass, rags, feathers, tar, asphalt, resins, plastics, wood, animal hair, paunch manure, or any heavy solid or viscous substance capable of causing obstruction to the flow in the sanitary sewer system or any part thereof, or which would interfere with the proper operation of the sewage treatment plant or the treatment of sewage or industrial wastes.
4. Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly, or by interaction with other pollutants, will cause interference with the POTW.
5. No person shall discharge, or cause, allow, or permit to be discharged into the POTW, any liquid, solid, vapor, gas, or thing having or developing a temperature of one hundred fifty degrees Fahrenheit (150° F) or more, or which may cause the temperature at the wastewater treatment plant(s) to exceed one hundred four degrees Fahrenheit (104° F), or wastewater which will inhibit biological activity in the wastewater treatment plant(s) resulting in interference.
6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through.
7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.
8. Trucked or hauled pollutants, except at discharge points designated by the Public Works Director in accordance with Section 10.16.150 of this Chapter.
9. Hazardous waste as defined under 40 CFR Part 261.
10. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair.
11. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant effluent.
12. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations. No person shall discharge, cause, allow, or permit to be discharged, any radioactive waste into the sewer system, except that:
a. Persons authorized to use radioactive materials by the California Department of Public Health or other governmental agency empowered to regulate the use of radioactive materials may discharge, Packet Pg. 141 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
15 cause to be discharged, or permit to be discharged such wastes, provided that such wastes are discharged in strict conformance with the California radiation control regulations (California Code of Regulations, Title 17, Chapter 5, Subchapter 4), and Federal regulations and recommendations for safe disposal of such wastes; and b. All such discharges are in compliance with all applicable rules and regulations of all other regulatory agencies having jurisdiction over such discharges.
13. Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, non-contact cooling water, and unpolluted wastewater, unless specifically authorized by the Public Works Director.
14. Fats, oils, or greases of animal or vegetable origin:
a. No person shall discharge, or cause, allow, or permit to be discharged into the POTW any liquid or other waste containing grease in excess of one hundred (100) parts per million by weight.
b. No person shall discharge, cause, allow, or permit any grease discharge from an FSE into the POTW, unless such discharge has first been processed through an approved grease control device. c. No person shall discharge, cause, allow, or permit to be discharged any "yellow grease," or any waste or mixed material mixed with yellow grease, into the POTW from an FSE. No yellow grease from an FSE shall be mixed with grease trap or grease interceptor waste.
Pollutants, substances, or wastewater prohibited by this Section shall not be processed or stored in such a manner that they could be discharged to the POTW.
10.16.060 NATIONAL CATEGORICAL PRETREATMENT STANDARDS
Users must comply with the categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, Parts 405–471.
10.16.070 STATE PRETREATMENT STANDARDS
Users must comply with applicable State pretreatment standards.
10.16.080 LOCAL LIMITS
The City is authorized to establish local limits. The following pollutant limits are established to protect against pass through and interference of the city’s wastewater treatment plants. No person shall discharge, cause, allow or permit to be discharged into the POTW or any part thereof, any industrial waste containing any of the following toxic substances exceeding the concentrations set forth below:
Pollutant Daily Maximum
Concentration (mg/L)
Ammonia as N 610
Packet Pg. 142 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
16 Pollutant Daily Maximum
Concentration (mg/L)
Chloride 210
Sodium 210
Total Dissolved Solids (TDS) 1,500
Arsenic 0.058
Boron 0.071
Cadmium 0.0012
Chromium 0.042
Copper 0.031
Lead 0.017
Mercury 0.010
Molybdenum 0.058
Nickel 0.13
Selenium 0.0026
Silver 0.0068
Cyanide 0.13
The above limits apply at the point where the wastewater is discharged to city sewer collection system. Concentrations for metallic substances are for total metal unless indicated otherwise. The Public Works Director may impose mass limitations in addition to the concentration-based limitations above.
10.16.090 RIGHT OF REVISION
The City reserves the right to establish, by ordinance, resolution, or in wastewater discharge permits, more stringent standards or requirements on discharges to POTW. The City also reserves the right to establish discharge limitations or prohibitions for pollutants not specifically listed in this Chapter of the City Code.
10.16.100 DILUTION
No utility customer shall increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Public Works Director may impose mass limitations on users who use dilution Packet Pg. 143 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
17 to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
10.16.120 WASTEWATER PRETREATMENT FACILITIES
Utility customers shall provide pretreatment as necessary to comply with this Chapter and shall achieve compliance with all wastewater discharge permit limitations and requirements, the discharge prohibitions, categorical pretreatment standards, and local limits set out in Sections
10.16.050, 10.16.060, and 10.16.080, respectively, of this Chapter. Compliance shall be achieved within the time limitations specified by the USEPA, Central Coast Regional Water Board, or the Public Works Director, whichever is more stringent.
Any wastewater pretreatment equipment or facilities necessary for compliance shall be provided, operated, and maintained at the dischargers expense. Detailed plans and diagrams describing such facilities and operating procedures shall be submitted to the Public Works Director for review and shall be acceptable to the Public Works Director before such facilities are constructed. Review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this Chapter.
10.16.130 ADDITIONAL WASTEWATER PRETREATMENT MEASURES
A. Whenever deemed necessary, Public Works Director may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the user’s compliance with the requirements of this Chapter.
B. The Public Works Director may require any person or entity discharging into the Sewer Collection System to install and maintain, on their property and at their expense, a suitable storage and flow control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.
C. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Public Works Director, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the Public Works Director and shall be located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired by the user at their expense.
D. Installation of Grease Control Devices:
1. Any FSE, or other type of business or establishment where grease or other viscous, obstructing, or objectionable materials may be discharged into a public or private sewage main or disposal system, shall have a grease control device and related plumbing of a size and design approved by the Public Works Director.
a. Grease traps shall meet the following minimum requirements:
Packet Pg. 144 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
18 (1) No injection port for chemicals or bacteria.
(2) Installed according to manufacturer’s specifications. (3) Appropriate flow restrictors, whether integral or external to the device, must be installed.
(4) Shall meet the specifications and be constructed in accordance with the provisions of the applicable building codes.
b. Grease interceptors shall meet the following minimum requirements:
(1) Designed retention time of no less than thirty (30) minutes. (2) The effluent from the device must flow through an approved sample box.
(3) Installed according to manufacturer’s specifications. (4) At least two (2) manholes, situated so all standpipes can be fully observed, and all internal surfaces can be reached, without confined space entry.
(5) Double-sweep clean-outs, on the interceptor inlet and sample box outlet.
(6) Meet the specifications and be constructed in accordance with the provisions of the applicable building codes.
c. Mechanical grease removal devices shall be installed in accordance with manufacturer’s specifications.
2. Grease removal devices shall be so installed and connected that it shall be at all times easily accessible for inspection, sampling, cleaning and removal of grease and other matter from all surfaces.
3. Grease control devices shall be situated on the user’s premises. The City may, subject to the issuance of an encroachment permit by the entity having jurisdiction thereover, allow the device to be installed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
4. Waste discharge from fixtures and equipment in establishments which may contain grease or other objectionable materials including, but not limited to, scullery sinks, pot and pan sinks, dishwashers, food waste disposals, soup kettles, and floor drains located in areas where such objectionable materials may exist, may be drained into the sanitary waste through the grease control device when approved by the Public Works Director; provided, however, that toilets, urinals, wash basins, and other fixtures containing fecal material shall not flow through the grease removal device.
5. Maintenance And Operation of Grease Control Devices:
a. Grease control devices shall be maintained in efficient operating condition by periodic removal of the accumulated grease. The use of chemicals, bacteria, enzymes, or other additives that have the effect of emulsifying or dissolving grease is prohibited unless specifically authorized by the Public Works Director in writing. No accumulated grease shall be introduced into any drainage piping or public or private sewer.
Packet Pg. 145 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
19 b. Grease control devices shall be cleaned on a sufficient frequency to prevent objectionable odors, surcharge of the grease control device, or interference with the operation of the sanitary sewer system. (1) Grease traps shall be cleaned at least once every thirty days. (2) Grease interceptors shall be cleaned once every ninety days. (3) Mechanical grease removal devices must be maintained in a manner and frequency consistent with manufacturer
specifications and guidance.
(4) Grease control devices shall be cleaned when the last chamber is filled to twenty five percent or more of capacity with grease or settled solids. Grease interceptors with a sample box shall be cleaned immediately when grease is evident in the sample box. (5) Grease control devices shall be cleaned by being pumped dry and all accumulated sludge on all surfaces shall be removed by washing down the sides, baffles, and tees. No water removed from the device during cleaning shall be returned to the grease control device.
c. The Public Works Director may grant an exception to the requirements of Sections 10.16.130(D)(2)(a)-(b) of this Chapter where the Public Works Director finds, based on evidence presented by the user, that a less frequent cleaning schedule will be sufficient to assure that not more than twenty five percent of the capacity of the grease control device will be filled with grease or settled solids.
d. All users shall implement Best Management Practices (BMPs) in their operations to minimize the discharge of grease into the POTW. e. Users shall maintain records on site for a period of at least three (3) years as follows:
(1) Users with an installed grease control device shall maintain records showing that the grease control device has been properly maintained and cleaned as required Sections
10.16.130(D)(a)-(b) of this Chapter; and
(2) FSEs shall maintain records showing the following related to all grease hauled off site: date and time material removed off site; volume removed; hauler name: truck license number, type of grease removed, and final destination of material collected.
E. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
F. Screened Industrial Wastes:
1. No user shall discharge, or cause, allow or permit to be discharged into the sanitary sewer system or any part thereof, any garbage, or any fruit, vegetable, animal, or other solid industrial wastes resulting from the processing, packaging, or canning of fruits, vegetables, or other foods or products, unless such wastes have first been passed through screens having openings not exceeding one thirty-second of an inch (1/32") in dimension, provided that the Public Works Director, by written permission, may authorize the discharge into the POTW of such wastes if they are first passed through screens having Packet Pg. 146 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
20 larger openings if the Public Works Director is satisfied that such larger openings will provide screening efficiency and effectiveness equal or better than that provided by the above specification openings of one thirty-second of an inch (1/32") in dimension.
2. Users who discharge, or causes, allows, or permits to be discharged into the POTW or any part thereof, any such wastes resulting from the processing, packaging, or canning of fruits, vegetables, or other foods or products, shall install within or upon its premises from which such wastes are discharged, before such discharge of such wastes is made into the POTW or any part of such system, and thereafter maintains in good operating order, screens as hereinabove specified and appurtenances thereto, including but not limited to all necessary conveyors and elevators, all in sufficient quantity and of sufficient size and quality to continuously and effectively screen not less than one hundred percent (100%) of the peak hydraulic and solids loading imposed on such screens and appurtenances during any processing period.
3. Users shall not discharge any such screened wastes into the POTW, or any part of said system, unless and until they obtain from the City a wastewater discharge permit granting approval to do so. The Public Works Director may require the user to provide a report prepared by a Professional Engineer which shows, to the satisfaction of the Public Works Director, compliance with the provisions of this Chapter before the wastewater discharge permit is granted, and in no event shall the Public Works Director issue such permit until they are satisfied that the compliance of the provisions of this Chapter. The Public Works Director shall not issue a wastewater discharge permit if any such wastes cannot be processed successfully by the physical and biological processing units of the treatment plant.
4. A equipment, sewers, pipelines, or other facilities capable of discharging any garbage, fruit, vegetables, animal, or other solid industrial wastes resulting from the processing, packing, or canning of fruits, vegetables, or other foods or products, into the POTW or any part thereof, before such wastes have been screened as required by Section 10.16.130(F)(1) of this Chapter, shall be locked, closed, and sealed by the Public Works Director or his designee. Users operating such equipment, sewers, pipelines, or other facilities shall install therein, at its own expense and cost, such valves or other devices or modifications thereto, as may be necessary to enable the Public Works Director to carry out the provisions of this Section. No user shall break any such lock or seal, and no user shall discharge, or cause, allow or permit to be discharged into any such equipment, sewers, pipelines, or other facilities capable of discharging such industrial wastes into the POTW or any part thereof, any unscreened industrial wastes without first having been issued a wastewater discharge permit.
G. Amalgam Separators
Packet Pg. 147 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
21 1. Except as provided in (2)-(3) below, no person shall discharge, cause, allow or permit any discharge into the POTW from a dental vacuum system, unless such discharge has first been processed through an amalgam separator.
2. A dental vacuum system may be operated without an amalgam separator; provided, that the system is not used in connection with the removal or placement of fillings that contain dental amalgam more than three (3) days per calendar year and the system is used exclusively by the following types of dental practices: (1) orthodontics; (2) periodontics; (3) oral and maxillofacial surgery; (4) radiology; (5) oral pathology or oral medicine; and (6) endodontistry and prothodontistry.
3. Amalgam separators shall be maintained in accordance with manufacturer specifications. Installation, certification, and maintenance records shall be maintained for a minimum of 5 years and available for immediate inspection upon request by the Public Works Director or designee.
10.16.140 ACCIDENTAL DISCHARGE/SLUG DISCHARGE CONTROL PLANS The Public Works Director shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The Public Works Director may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:
A. Each user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this Chapter into either the storm sewer or POTW.
B. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user’s expense.
C. Users shall notify the City by telephone, text, e-mail, or in person within one hour of becoming aware of accidentally discharging wastes of reportable quantities as determined in 40 CFR Part 117 or discharge of any substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261, to enable countermeasures to be taken by the City to minimize damage to the sanitary sewer system, treatment plant, treatment processes, and the environment.
D. Email, Text and Telephone notification of an accidental discharge shall be followed, within five days of the date of occurrence, by a detailed written statement furnished to city staff describing the causes of the discharge and the measures being taken to prevent similar future occurrences.
E. Notification of an accidental discharge to the City will not relieve users of notification requirements under any other Federal, State, or local law, nor of liability for any expense, loss or damage to the sanitary sewer system, treatment plant or treatment process or environment or for any fines or penalties imposed on the City on account thereof under applicable provisions of Federal or State law.
Packet Pg. 148 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
22 F. Permitted facilities must maintain a spill control plan for protection against accidental discharges, including but not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. The review of such plans and procedures shall not relieve the industrial user from the responsibility of modifying the facility as necessary to provide the protection necessary to meet the requirements of this code or other state or federal regulations.
G. Spill control plans will be reviewed and revised as needed within thirty days after an accidental discharge has occurred or as required by the Public Works Director.
10.16.150 HAULED WASTEWATER
A. Septic tank waste shall not be accepted at the City WWTP or otherwise discharged into the POTW.
10.16.160 WASTEWATER ANALYSIS
When requested by the Public Works Director, a user shall submit information on the nature and characteristics of its wastewater within sixty days of the request. The Public Works Director is authorized to prepare a form for this purpose and may periodically require users to update this information.
10.16.170 WASTEWATER DISCHARGE PERMIT REQUIREMENT
A. No SIU shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Public Works Director; except that a SIU that has filed a timely application pursuant to Section 10.16.200 of this Chapter may continue to discharge for a period specified therein.
B. The Public Works Director may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this Chapter.
C. Violations of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this Chapter and subjects the user to the sanctions set out in this Chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law.
D. Permit Classes; Application; Fee:
1. There shall be three (3) classes of building sewer permits: a) for residential services; b) for commercial services; and c) industrial waste services.
2. The user shall submit a completed application furnished by the City. The wastewater discharge permit application shall be accompanied by plans and specifications in compliance with the City Standard Specifications for the installation of water facilities and other information considered pertinent in the judgment of the City.
Packet Pg. 149 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
23 3. A permit and inspection fee, in an amount to be fixed by resolution of the City Council, shall be paid to the City at the time the application is filed.
E. Costs Borne by Owner: All costs and expenses of the extension of mains and the installation, connection, and maintenance of the building sewer shall be borne by the user. The user shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
F. Separate Sewers For Each Building; Exception: A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another of the same ownership on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building. Where the two buildings are of different ownership, a right-of-way for the sewer shall be deeded to the City.
G. Compliance with City Standard Specifications: All connections shall be made in accordance with the city standard specifications for the installation of water facilities.
H. Notify City for Inspection: The applicant for the building sewer permit shall notify the City when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the City.
I. Barricading Excavations; Restoration of Public Ways: All excavations for building sewer installation shall be adequately guarded with barricades and lights to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.
10.16.180 WASTEWATER DISCHARGE PERMITTING: EXISTING USERS Users required to obtain a Wastewater Discharge Permit who were discharging wastewater into the Sewer Collection System prior to the effective date of this Chapter of the City Code and who wishes to continue such discharges in the future, shall, within 30 days after said date, apply to the Public Works Director for a wastewater discharge permit in accordance with Section 10.16.200 of this Chapter, and shall not cause or allow discharges to the POTW to continue after ninety days of the effective date of this Chapter of the City Code except in accordance with a wastewater discharge permit issued by the Public Works Director.
10.16.190 WASTEWATER DISCHARGE PERMITTING: NEW CONNECTIONS Any user required to obtain a Wastewater Discharge Permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit in accordance with Section 10.16.200 of this Chapter, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
Service outside City:
Packet Pg. 150 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
24 A. Contractual Agreement Required: No use or benefits of the POTW shall be extended to or made available to any property not within the City’s Service Area, except under a contractual agreement with the owners of property which is located outside the City limits and only then when such property is not located so as to be eligible for annexation to the City at the time the sewer service is requested.
B. Conditions Of Contract:
1. Use and benefits of the POTW may be granted to property owners outside of the City on a contractual basis only, and the contract shall require that the property owner must annex his property to the City at the earliest date that the same becomes eligible for annexation under the laws of the State.
2. The contract may further require financing of the sewer extension, termination of service of the contract if any conditions are not met, and any other requirements which are to be deemed in the best interest of the City.
10.16.200 WASTEWATER DISCHARGE PERMIT APPLICATION CONTENTS Users are required to obtain a Wastewater Discharge Permit . The Public Works Director will require users to submit as part of an application the following information:
A. Identifying Information:
1. The name and address of the facility, including the name of the operator and owner.
2. Contact information (cell phone, email, etc)
3. Description of activities, facilities, and plant production processes on the premises
B. Environmental Permits. A list of environmental control permits held by or for the facility.
C. Description of Operations:
1. Description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.
2. Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW.
3. Number and type of employees, hours of operation, and proposed or actual hours of operation.
4. Type and amount of raw materials processed (average and maximum per day).
5. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge.
D. Time, amount and duration of discharges
Packet Pg. 151 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
25 E. The location for monitoring all wastes covered by the permit.
F. Flow Measurement. Information showing the measured daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams.
G. Measurement of Pollutants.
1. The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.
2. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by a pretreatment standard or by the Public Works Director, of regulated pollutants in the discharge from each regulated process.
3. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.
4. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 10.16.390 of this Chapter.
Where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Public Works Director or the applicable pretreatment standards to determine compliance with the pretreatment standard.
5. Sampling must be performed in accordance with procedures set out in Section
10.16.400 of this Chapter.
H. Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge in accordance with Section 10.16.330 of this Chapter.
I. Any other information that may be deemed necessary by the Public Works Director to evaluate the wastewater discharge permit application.
Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
10.16.210 APPLICATION SIGNATORIES AND CERTIFICATIONS
A. Wastewater discharge permit applications, user reports and certification statements must be signed by an Authorized Representative of the User and contain the certification statement in Section 10.16.410(A) of this Chapter.
B. If the designation of an Authorized Representative of the User is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this Section must be submitted to the Public Works Director prior to or together with any reports to be signed by an Authorized Representative of the User.
Packet Pg. 152 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
26 C. A facility determined to be an NSCIU by the Public Works Director pursuant to Section 10.16.040 of this Chapter must annually submit the signed certification statement in Section 10.16.410(B) of this Chapter.
10.16.220 WASTEWATER DISCHARGE PERMIT DECISIONS
The Public Works Director will evaluate the data furnished by the user and may require additional information. Within ninety days of receipt of a complete permit application, the Public Works Director will determine whether to issue a wastewater discharge permit. The Public Works Director may deny any application for a wastewater discharge permit.
10.16.230 WASTEWATER DISCHARGE PERMIT DURATION
A Wastewater Discharge Permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the Public Works Director. Each wastewater discharge permit will indicate a specific date upon which it will expire.
10.16.240 WASTEWATER DISCHARGE PERMIT CONTENTS
A Wastewater Discharge Permit shall include such conditions as are deemed reasonably necessary by the Public Works Director to prevent pass through or interference, protect the groundwater receiving the treatment plant effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
A. Wastewater Discharge Permits must contain:
1. A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date.
2. A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with Section 10.16.270 of this Chapter, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
3. Effluent limits, including BMPs, based on applicable pretreatment standards.
4. Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants (or BMP) to be monitored, sampling location, sampling frequency, required sampling facilities, and sample type based on Federal, State, and local law.
5. The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with Sections 10.16.330(A) and 10.16.410(B) of this Chapter.
6. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law.
7. Requirements to control slug discharge, if determined by the Public Works Director to be necessary.
8. Any grant of the monitoring waiver by the Public Works Director must be included as a condition in the user’s wastewater discharge permit.
Packet Pg. 153 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
27 B. Wastewater Discharge Permits may contain, but need not be limited to, the following conditions:
1. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization.
2. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works.
3. Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges.
4. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.
5. The unit charge or schedule of User charges and fees for the management of the wastewater discharged to the POTW.
6. Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices.
7. A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the wastewater discharge permit.
8. Other conditions as deemed appropriate by the Public Works Director to ensure compliance with this Chapter, and Federal and State laws, rules, and regulations.
10.16.250 WASTEWATER DISCHARGE PERMIT APPEALS
The Public Works Director shall provide public notice of the issuance of a Wastewater Discharge Permit. Any person, including the user, may petition the Public Works Director to reconsider the terms of a wastewater discharge permit within thirty days of notice of its issuance.
A. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
B. In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the Wastewater Discharge Permit.
C. The effectiveness of the Wastewater Discharge Permit shall not be stayed pending the appeal.
D. If the Public Works Director fails to act within thirty days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a Wastewater Discharge Permit, not to issue a Wastewater Discharge Permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.
Packet Pg. 154 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
28 E. Aggrieved parties seeking judicial review of the final administrative individual wastewater discharge permit decision must do so by filing a complaint with the Superior Court of Monterey County within the statute of limitations.
10.16.260 WASTEWATER DISCHARGE PERMIT MODIFICATION
The Public Works Director may modify a Wastewater Discharge Permit for good cause, including, but not limited to, the following reasons:
A. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements.
B. To address significant alterations or additions to the user’s operation, processes, or wastewater volume or character since the time of the Wastewater Discharge Permit issuance.
C. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.
D. Information indicating that the permitted discharge poses a threat to the POTW, personnel, or public health and safety.
E. Violation of any terms or conditions of the wastewater discharge permit.
F. Misrepresentations or failure to fully disclose all relevant facts in the Wastewater Discharge Permit application or in any required reporting.
G. To correct typographical or other errors in the Wastewater Discharge Permit.
H. To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section 10.16.270 of this Chapter.
10.16.270 WASTEWATER DISCHARGE PERMIT TRANSFER
Wastewater Discharge Permit may be transferred to a new owner or facility operator only if the permittee gives at least 60 days advance notice to city staff and the Public Works Director approves the wastewater discharge permit transfer. The notice to the Public Works Director must include a written certification by the new owner or operator which:
A. States that the new owner and operator, if any, have no immediate intent to change the facility’s operations and processes;
B. Identifies the specific date on which the transfer is to occur; and C. Acknowledges full responsibility for complying with the existing wastewater discharge permit.
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of the transfer of ownership.
Packet Pg. 155 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
29 10.16.280 WASTEWATER DISCHARGE PERMIT REVOCATION
The Public Works Director may revoke a Wastewater Discharge Permit for cause, including, but not limited to, the following reasons:
A. Failure to notify the Public Works Director of significant changes to the wastewater prior to the changed discharge.
B. Failure to provide prior notification to the Public Works Director of changed conditions pursuant to Section 10.16.350 of this Chapter.
C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application.
D. Falsifying self-monitoring reports and certification statements.
E. Tampering with monitoring equipment.
F. Refusing to allow the Public Works Director timely access to the facility premises and records.
G. Failure to meet effluent limitations.
H. Failure to pay fines.
I. Failure to pay sanitary sewer charges.
J. Failure to meet compliance schedules.
K. Failure to complete a wastewater survey or the wastewater discharge permit application.
L. Failure to provide advance notice of the transfer of business ownership of a permitted facility.
M. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this Chapter.
All wastewater discharge permits issued to a user are void upon the issuance of a new wastewater discharge permit to that user.
10.16.290 WASTEWATER DISCHARGE PERMIT REISSUANCE
A user with an expiring Wastewater Discharge Permit shall apply for Wastewater Discharge Permit reissuance by submitting a permit application, in accordance with Section 10.16.200 of this Chapter, a minimum ninety days prior to the expiration of the user’s existing wastewater discharge permit. If a wastewater discharge permit application is timely submitted and a new wastewater discharge permit is not issued before the expiration date, the existing permit will be Packet Pg. 156 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
30 administratively extended until a new permit is issued or the City provides notice that the permit is expire and all discharges must cease.
10.16.300 BASELINE MONITORING REPORTS
A. Within either ninety days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR Part 403.6(a)(4), whichever is later, existing CIUs currently discharging to or scheduled to discharge to the POTW shall submit to the Public Works Director a report which contains the information listed in below. At least ninety days prior to commencement of their discharge, new sources, and sources that become CIUs subsequent to the promulgation of an applicable categorical pretreatment standard, shall submit to the Public Works Director a report which contains the information listed below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical pretreatment standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
B. Users described above shall submit the following information:
1. Identifying information:
a. The name and address of the facility, including the name of the operator and owner.
b. Contact information, description of activities, facilities, and plant production processes on the premises.
2. Environmental Permits: a list of all environmental control permits issued for the facility.
3. Description of Operations:
a. A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.
b. Types and amounts of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged into the POTW. c. Number and type of employees, hours of operation, and proposed or actual hours of operation.
d. Type and amount of raw materials processed (average and maximum per day).
e. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge.
4. The location for monitoring all wastes covered by the Wastewater Discharge Permit.
5. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams.
6. Measurement of Pollutants:
Packet Pg. 157 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
31 a. The categorical Pretreatment Standards applicable to each regulated process and any new categorically regulated processes for existing sources.
b. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Public Works Director, of regulated pollutants in the discharge from each regulated process.
c. Instantaneous, daily maximum, and long-term average concentrations, or mass where required, shall be reported.
d. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 10.16.390 of this Chapter. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Public Works Director or the applicable standards to determine compliance with the standard.
e. Sampling must be performed in accordance with procedures set out in Section 10.16.400 of this Chapter.
f. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph.
g. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user should measure the flows and concentrations to evaluate compliance with the pretreatment standards.
h. The Public Works Director may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for pretreatment measures.
i. The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.
C. Certification: A statement, reviewed by the Authorized Representative of the User as defined in Section 10.16.040 of this Chapter and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
D. Compliance Schedule: If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule must meet the requirements set out in Section 10.16.310 of this Chapter.
Packet Pg. 158 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
32 E. Signature and Report Certification: All baseline monitoring reports must be certified in accordance with Section 10.16.410 of this Chapter and signed by an Authorized Representative of the User as defined in Section 10.16.040 of this Chapter.
10.16.310 COMPLIANCE SCHEDULE PROGRESS REPORTS
The following conditions shall apply to the compliance schedule required by Section
10.16.300(D) of this Chapter:
A. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operations);
B. No increment referred to above shall exceed nine months; C. The user shall submit a progress report to the Public Works Director no later than fourteen days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and if appropriate, the steps being taken by the user to return to the established schedule; and
D. In no event shall more than nine months elapse between such progress reports to the Public Works Director.
10.16.320 REPORTS ON COMPLIANCE WITH CATEGORICAL
PRETREATMENT STANDARD DEADLINE
Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Public Works Director a report containing the information described in Section 10.16.200(F) and (G) and 10.16.300(B)(6) of this Chapter. For users subject to equivalent mass or concentration limits established in accordance with the procedures in Section
10.16.060, this report shall contain a reasonable measure of the user’s long term production rate.
For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 10.16.410(A) of this Chapter. All sampling will be done in conformance with Section 10.16.400 of this Chapter.
10.16.330 PERIODIC COMPLIANCE REPORTS
A. Except as specified in Section 10.16.330(C) of this Chapter, SIUs must, at a frequency determined by the Public Works Director submit no less than twice per Packet Pg. 159 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
33 year (July and January) reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user must submit documentation required by the Public Works Director or the pretreatment standard necessary to determine the compliance status of the user.
B. The City may authorize a user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge or is present only at background levels from intake water and without any increase in the pollutant due to activities of the user. This authorization is subject to the following conditions:
1. The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical pretreatment standard and otherwise includes no process wastewater.
2. The monitoring waiver is valid only for the duration of the effective period of the wastewater discharge permit, but in no case longer than five (5) years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent wastewater discharge permit.
3. In making a demonstration that a pollutant is not present, the user must provide data from at least one sampling of the facility’s process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.
4. The request for a monitoring waiver must be signed in accordance with Section 10.16.040 and include the certification statement in 10.16.410(A) of this Chapter.
5. Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the USEPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
6. Any grant of the monitoring waiver by the Public Works Director must be included as a condition in the user’s wastewater discharge permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the Public Works Director for three years after expiration of the waiver.
7. Upon approval of the monitoring waiver and revision of the user’s permit by the Public Works Director, the user must certify on each report with the statement in Section 10.16.410(C) of this Chapter, that there has been no increase in the pollutant in its wastestream due to activities of the user.
8. In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user’s operations, the user must immediately: Comply with the monitoring requirements of Section
10.16.330(A) of this Chapter, or other more frequent monitoring requirements imposed by the Public Works Director, and notify the Public Works Director.
Packet Pg. 160 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
34 9. This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.
C. To the extent consistent with Federal and State law, the City may reduce the requirement for periodic compliance reports (see Section 10.16.330(A) of this Chapter) to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the USEPA, where the user’s total categorical wastewater flow does not exceed any of the following:
1. 0.01 percent of the design dry-weather hydraulic capacity of the treatment plant, or 5,000 gpd, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the user discharges in batches;
2. 0.01 percent of the design dry-weather organic treatment capacity of the wastewater treatment plant(s); and
3. 0.01 percent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed in accordance with Section 10.16.080 of this Chapter.
Reduced reporting is not available to users that have in the last two years been in significant noncompliance, as defined in Section 10.16.040 of this Chapter. In addition, reduced reporting is not available to a user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the Public Works Director, decreasing the reporting requirement for this user would result in data that are not representative of conditions occurring during the reporting period.
D. All periodic compliance reports must be signed and certified in accordance with Section 10.16.410(A) of this Chapter.
E. All wastewater samples must be representative of the user’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
F. If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Public Works Director, using the procedures prescribed in Section 10.16.400 of this Chapter, the results of this monitoring shall be included in the report.
10.16.340 REPORTS OF CHANGED CONDITIONS
Users must notify the Public Works Director of any planned significant changes to the user’s operations or system which might alter the nature, quality, or volume of its wastewater at least ninety days before the change. For purposes of this requirement, significant changes may include, but are not limited to, flow increase of twenty percent or greater, the discharge of any Packet Pg. 161 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
35 previously unreported pollutants, the increase of regulated pollutant concentrations, or the introduction of a new product using different raw materials.
A. The Public Works Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 10.16.200 of this Chapter.
B. The Public Works Director may issue a Wastewater Discharge Permit under Section
10.16.290 of this Chapter or modify an existing Wastewater Discharge Permit under Section 10.16.260 of this Chapter in response to changed conditions or anticipated changed conditions.
10.16.350 REPORTS OF POTENTIAL PROBLEMS
A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify all appropriate agencies, including, but not limited to, the Public Works Supervisor of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
B. Within five business days following such discharge, the user shall, unless waived by the Public Works Director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this Chapter.
C. A notice shall be posted on the user’s bulletin board or other prominent place advising employees who to call in the event of a discharge described in Section
10.16.350(A) of this Chapter. Employers shall ensure that all employees who could cause such a discharge to occur, are advised of the emergency notification procedure.
D. SIUs are required to notify the Public Works Director immediately of any changes at its facility affecting the potential for a slug discharge.
10.16.360 REPORTS FROM UNPERMITTED USERS
All users not required to obtain a Wastewater Discharge Permit shall provide appropriate reports to the Public Works Director as the Public Works Director may require.
10.16.370 NONCOMPLIANCE SAMPLING AND REPORTING
If sampling performed by a user indicates a violation of the Wastewater Discharge Permit or the provisions of this Chapter, the user must notify the Public Works Director within twenty-four hours of becoming aware of the violation. The user shall repeat the sampling and analysis and Packet Pg. 162 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
36 submit the results of the repeat analysis to the Public Works Director within thirty days after becoming aware of the violation.
Resampling by the user is not required if the City performs sampling at the user’s facility at least once a month, or if the City performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the City receives the results of this sampling, or if the City has performed the sampling and analysis in lieu of the user.
10.16.390 ANALYTICAL REQUIREMENTS
All pollutant analyses, including sampling techniques, to be submitted as part of a Wastewater Discharge Permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard.
If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the USEPA determines that the 40 CFR Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Public Works Director or other parties approved by USEPA.
10.16.400 SAMPLE COLLECTION
Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that are representative of conditions occurring during the reporting period.
A. Except as indicated in paragraphs (B) and (C) below, the user must collect wastewater samples using 24-hour flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized by the Public Works Director. Where time proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate USEPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved USEPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
B. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
C. For sampling required in support of baseline monitoring and 90-day compliance reports required in Sections 10.16.300 and 10.16.320 of this Chapter, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, Packet Pg. 163 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
37 and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, Public Works Director may authorize a lower minimum. For the reports required by Section
10.16.330 of this Chapter, the user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
10.16.410 CERTIFICATION STATEMENTS
A. Certification of Wastewater Discharge Permit Applications, User Reports, and Initial Monitoring Waiver:
The following certification statement is required to be signed and submitted by users submitting wastewater discharge permit applications in accordance with Section
10.16.200 of this Chapter; users submitting baseline monitoring reports under Section
10.16.300 of this Chapter; users submitting reports on compliance with the categorical pretreatment standard deadlines under Section 10.16.320 of this Chapter; users submitting periodic compliance reports required by Section 10.16.330 of this Chapter, and users submitting an initial request to forego sampling of a pollutant on the basis of Section 10.16.330(B) of this Chapter. The following certification statement must be signed by an authorized representative as defined in Section
10.16.040 of this Chapter:
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”
B. Annual Certification for Non-Significant Categorical Industrial Users—A facility determined to be an NSCIU by the Public Works Director pursuant to Sections
10.16.040 and 10.16.210(C) of this Chapter must annually submit the following certification statement signed in accordance with the signatory requirements in
10.16.040. This certification must accompany an alternative report required by the Public Works Director:
Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR Part ____, I certify that, to the best of my knowledge and belief that during the period from __________, ________ to ________, ________ [months, days, year]:
(a) The facility described as ____________________
Packet Pg. 164 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
38 [facility name] met the definition of a Non-Significant Categorical Industrial User as described in Section 10.16.040 of the City of Gonzales City Code;
(b) The facility complied with all applicable pretreatment standards and requirements during this reporting period; and (c) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
This compliance certification is based on the following information. ________________________________________________
________________________________________________
C. Certification of Pollutants Not Present:
Users that have an approved monitoring waiver based on Section
10.16.330(B) of this Chapter must certify on each report with the following statement that there has been no increase in the pollutant in its waste stream due to activities of the user.
Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR Part _______ [specify applicable pretreatment standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of ______ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under Section 10.16.330(B) of the City of Gonzales City Code.
10.16.420 DATE OF RECEIPT OF REPORTS
Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
10.16.430 RECORDKEEPING
Users subject to the reporting requirements of this Chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with BMPs. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the Public Works Director.
Packet Pg. 165 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
39 10.16.440 RIGHT OF ENTRY: INSPECTION AND SAMPLING
The Public Works Director, or designee, shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this Chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the Public Works Director, or designee ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
A. Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Public Works Director shall be permitted to enter without delay for the purposes of performing specific responsibilities.
B. The Public Works Director shall have the right to set up on the user’s property, or require installation of, such devices as are necessary to conduct sampling or metering of the user’s operations.
C. The Public Works Director may require the user to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
D. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected or sampled shall be promptly removed by the user at the written or verbal request of the Public Works Director and shall not be replaced. The costs of clearing such access shall be borne by the user.
E. Unreasonable delays in allowing the Public Works Director access to the user’s premises shall be a violation of this Chapter.
10.16.450 MONITORING FACILITIES
The Public Works Director may require users discharging to the POTW to construct, at the user’s own expense and at an approved location, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer or internal drainage systems. When required by the City, the owner of any property served by a building sewer carrying wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the City. The manhole shall be installed by the owner at its own expense, and shall be maintained so as to be safe and accessible at all times.
A. Any required monitoring facilities shall be specified in the wastewater discharge permit issued pursuant to section 10.16.240(A) of this Chapter.
Packet Pg. 166 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
40 B. Users shall retain sufficient wastewater in their sample box at all times to allow sample collection representative of the last wastewater discharge.
C. Complete plans on all phases of the proposed installation of all components of monitoring facilities, including all equipment proposed for use, shall be submitted to the City for approval prior to construction.
10.16.460 INSPECTION WARRANTS
If the Public Works Director, or designee, has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this Chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this Chapter or any wastewater discharge permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the Public Works Director may seek issuance of an inspection warrant from the Superior Court of Monterey County pursuant to applicable law.
10.16.470 CONFIDENTIAL INFORMATION
Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the Public Works Director’s inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Public Works Director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law.
Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other “effluent data” as defined by 40 CFR Part 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.
10.16.480 PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE The Public Works Director shall publish annually, in a newspaper of general circulation, a list of the users which, at any time during the previous twelve months, were in significant noncompliance, as defined in Section 10.16.040 of this Chapter, with applicable pretreatment standards and requirements. In addition to the newspaper, the City may also publish users in significant noncompliance under the City’s website and/or billing fliers. Significant noncompliance shall be applicable to all SIUs (or any other user that violates (3), (4), or (8) of the significant noncompliance definition described in Sections 10.16.040 of this Chapter).
Packet Pg. 167 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
41 10.16.490 NOTICE OF VIOLATION
When the Public Works Director finds that a user has violated, or continues to violate, any provision of this Chapter, a Wastewater Discharge Permit or order issued hereunder, or any other pretreatment standard or requirement, the Public Works Director may serve upon that user a written Notice of Violation. Within ten days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Public Works Director. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation. A Notice of Violation shall not be a bar against, or prerequisite for, taking any other action against the user.
10.16.500 CONSENT ORDERS
The Public Works Director may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 10.16.520 and 10.16.530 of this Chapter and shall be judicially enforceable. A consent order shall not be a bar against, or prerequisite for, taking any other action against the user.
10.16.510 SHOW CAUSE HEARING
The Public Works Director may order a user which has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Public Works Director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least fifteen days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in Section 10.16.040 of this Chapter. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
10.16.520 COMPLIANCE ORDERS
When the Public Works Director finds that a user has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Public Works Director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time.
If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and BMPs designed to minimize the amount of pollutants discharged to the POTW.
Packet Pg. 168 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
42 A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
10.16.530 CEASE AND DESIST ORDERS
When the Public Works Director finds that a user has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the Public Works Director may issue an order to the user directing it to cease and desist all such violations and directing the user to:
A. Immediately comply with all requirements; and
B. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
10.16.540 ADMINISTRATIVE FINES
A. When the Public Works Director finds that a user has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Public Works Director may fine such user in an amount not to exceed $5,000 dollars. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
B. Unpaid charges, fines, and penalties shall, after sixty calendar days, be assessed an additional penalty of twenty-five percent of the unpaid balance, and interest shall accrue thereafter at a rate of one percent per month. A lien against the user’s property will be sought for unpaid charges, fines, and penalties.
C. Users desiring to dispute such fines must file a written request for the Public Works Director to reconsider the fine along with full payment of the fine amount within thirty days of being notified of the fine. Where a request has merit, the Public Works Director may convene a hearing on the matter. In the event the user’s appeal is successful, the payment, together with any interest accrued thereto, shall be returned to the user. The Public Works Director may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
Packet Pg. 169 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
43 10.16.550 EMERGENCY SUSPENSIONS
The Public Works Director may immediately suspend a user’s discharge, after notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Public Works Director may also immediately suspend a user’s discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
A. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the Public Works Director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to POTW, the environment, or endangerment to any individuals.
The Public Works Director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Public Works Director that the period of endangerment has passed, unless the termination proceedings in Section 10.16.560 of this Chapter are initiated against the user.
B. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Public Works Director prior to the date of any show cause or termination hearing under Sections 10.16.510 or 10.16.560 of this Chapter.
Nothing in this Section shall be interpreted as requiring a hearing prior to any emergency suspension under this Section.
10.16.560 TERMINATION OF DISCHARGE
In addition to the provisions in Section 10.16.280 of this Chapter, any user who violates the following conditions is subject to discharge termination:
A. Violation of wastewater discharge permit conditions; B. Failure to accurately report wastewater discharge constituents and characteristics; C. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
D. Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring, or sampling; or
E. Violation of the pretreatment standards in the Sections 10.16.50, 10.16.60, 10.16.70, and 10.16.80 of this Chapter.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 10.16.510 of this Chapter why the proposed action Packet Pg. 170 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
44 should not be taken. Exercise of this option by the Public Works Director shall not be a bar to, or a prerequisite for, taking any other action against the user.
10.16.570 INJUNCTIVE RELIEF
When the Public Works Director finds that a user has violated, or continues to violate, any provision of this Chapter, a Wastewater Discharge Permit, or order issued hereunder, or any other pretreatment standard or requirement, the Public Works Director may petition the Superior Court of Monterey County through the City Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the Wastewater Discharge Permit, order, or other requirement imposed by this Chapter on activities of the user.
The Public Works Director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
10.16.580 CIVIL PENALTIES
A. A user who has violated, or continues to violate, any provision of this Chapter, a Wastewater Discharge Permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City for a maximum civil penalty of twenty-five thousand dollars ($25,000) per violation, per day allowable under State law. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
B. The Public Works Director may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including inspection, sampling and monitoring expenses, and the cost of any actual damages incurred by the City.
C. In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
10.16.590 CRIMINAL PROSECUTION
A. A user who willfully or negligently violates any provision of this Chapter, a Wastewater Discharge Permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine up to $25,000 per violation, per day up, or imprisonment for not more than three (3) years, or both.
Packet Pg. 171 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
45 B. A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a fine up to $25,000 per violation per day and be subject to imprisonment for not more than three years, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.
C. A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this Chapter, Wastewater Discharge Permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Chapter shall, upon conviction, be punished by a fine up to $25,000 per violation, per day, or imprisonment for not more than three years, or both.
D. In the event of a second conviction, a user shall be punished by a fine up to $25,000 per violation, per day, or imprisonment for not more than three years, or both.
10.16.600 WATER SUPPLY SEVERANCE
Whenever a user has violated or continues to violate any provision of this Chapter, a Wastewater Discharge Permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, water service to the user may be severed. Service will recommence, at the user’s expense, only after the user has satisfactorily demonstrated its ability to comply.
10.16.610 REMEDIES NONEXCLUSIVE
The remedies provided for in this Chapter are not exclusive. The Public Works Director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations shall be in accordance with the City’s Enforcement Response Plan.
However, the Public Works Director may take other action against any user when the circumstances warrant. Further, the Public Works Director is empowered to take more than one enforcement action against any noncompliant user.
10.16.620 PRETREATMENT CHARGES AND FEES
The city may adopt reasonable fees for reimbursement of costs of setting up and operating the City’s Pretreatment Program which may include, but not limited to:
A. Fees for Wastewater Discharge Permit applications including the cost of processing such applications
B. Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user’s discharge, and reviewing monitoring reports and certification statements submitted by users
C. Fees for reviewing and responding to accidental discharge procedures and construction
Packet Pg. 172 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
46 D. Fees for filing appeals
E. Fees to recover administrative and legal costs (not included in Section 10.16.640(B) of this Chapter) associated with the enforcement activity taken by the Public Works Director to address noncompliance
F. Other fees as the City may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this Chapter and are separate from all other fees, fines, and penalties chargeable by the city.
10.16.630 SHORTAGE OF SUPPLY
During any period of threatened or actual shortage of sewer treatment or conveyance capacity, the City shall have the right to apportion its available capacity among consumers in such manner as appears most equitable under the circumstances then prevailing and with due regard to public health and safety. Such apportionment shall grant priority to housing with units affordable to lower income housing.
10.16.640 APPEAL PROCEDURE
Decisions of the Public Works Director may be appealed to the City Council, in writing, filed with the City Clerk not later than thirty days after the date of the decision. At its next regular meeting following the filing of the appeal, the City Council shall fix a date, time, and place for the hearing of the appeal by the City Council. Such date shall not be less than ten days nor more than thirty days from the date the appeal was filed with the City Clerk, and the City Clerk shall give the appellant written notice of the time and place of the hearing at least ten days prior to the hearing.
Only those matters or issues specifically raised by the appellant in his written appeal shall be considered in the hearing of the appeal. The City Council shall consider any evidence presented and may overrule the decision of the Public Works Director; provided, that the decision of the Public Works Director is shown to be in conflict with the provisions of this Chapter.
No variances to the permissible constituent concentrations or review of licensed laboratory findings will be considered by the City Council. Failure of any person to file an appeal in accordance with the provisions of this Section shall constitute a waiver of the right to an administrative hearing and adjudication of the decision or portion thereof.
10.16.650 CONNECTION CHARGES; SEWER SERVICE CHARGES;
DELINQUENCIES
A. Charges Established By Resolution: To establish appropriate provisions for the construction and expansion of the POTW and provide for the necessary oversizing of the sanitary sewer system, and to be assured that the cost of such construction and expansion is borne by those who receive the benefits thereof, there are established connection charges for all connections made to the POTW. The amount of said charge for each type of use (residential, commercial, industrial) shall be fixed and determined by resolution of the City Council.
Packet Pg. 173 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales Sewer Use Ordinance (October 2025)
47 B. Payment Of Charges and Fees: At the time a building permit is issued by the City, after the effective date hereof, the applicant therefor shall pay to the City the necessary connection charges herein provided for, together with such other fees as may be provided by an Ordinance or Resolution now in effect or hereafter adopted.
C. Charge Established:
1. There is established a monthly charge for the use of the sewerage and disposal facilities of the City. Said charges shall be collected by the Public Works Director simultaneously with water and/or garbage charges and shall be payable upon presentation of a bill for the periods of time which are simultaneous with and coincide with the water service.
2. Notwithstanding any other provision of this Chapter, upon failure of any consumer billed or the owner of a premises to pay any sewer service charge within the time prescribed by resolution pursuant to Section 10.04.110 of this Chapter, there shall be a penalty of ten percent of the amount due and payable for said unpaid charge, which shall be added at the time the next bill is rendered, unless such bill is paid in full prior to said rendering, until the charge and penalties are paid; provided, that the total amount of the bimonthly penalties shall not exceed fifty percent of the total amount of the charges due.
D. Charges Established by Resolution: The bimonthly sewer service charges shall be established and determined by resolution of the City Council.
E. Special Contracts:
1. The City Council may enter into special contracts with any user for a different method of computing the sewer service charge for that user, provided the contract is consistent with California Administrative Code title 23, chapter 3, subchapter 7.
2. Any such contracts in existence prior to the effective date hereof shall continue in full force and effect until specifically altered or canceled.
10.16.660 SEVERABILITY
If any provision of this Chapter is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect.
10.16.670 EFFECTIVE DATE
This Chapter shall be in full force and effect immediately following its passage, approval, and publication, as provided by law.
Packet Pg. 174 Attachment: Ordinance No. 2025-153 with Exhibit A (3406 : Ordinance No. 2025-153 (Adoption) Updating Chapter 10.16 Sewer Use) City of Gonzales
PUBLIC WORKS / CITY ENGINEER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: November 17, 2025
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, City Manager
SUBJECT: Updated Sewer Capital Improvement Program
RECOMMENDATION
Staff recommends that the City Council approve an updated Sewer Capital Improvement Program.
BACKGROUND
The Public Works Department is responsible for planning, designing, funding, and constructing infrastructure projects that support and enhance the community. Our municipal infrastructure includes roadways, water, sewer, drainage systems, along with City buildings and parks.
A Capital Improvement Program (CIP) is a multi-year plan of improvement projects based on operations and maintenance needs, planned development projects, community input and City Council priorities.
A CIP is comprised of capital projects, major equipment purchases, and major studies that a city may construct, purchase, or implement whether they are fully funded or not.
A capital project is typically defined as:
1. An undertaking to construct, repair, renovate, improve, equip, furnish, or acquire a building, facility, or other physical public improvement.
2. Furnishings, apparatus, equipment for a building, facility, or other physical public improvement.
3. Has a useful life of five years or longer; and
4. Has an estimated cost of more than $50,000.
AGENDA
ITEM
18 Packet Pg. 175
The benefits of a CIP are:
1. It provides an in-depth review of the City’s capital and maintenance projects and related programs.
2. Shows the estimated costs for each project and thereby presents the total cost for the CIP Budget each fiscal year.
3. Identifies, prioritizes, and optimizes the funding and financing of capital projects. This includes “pay-as-you go”, impact fees, Federal grants, State grants, and debt financing.
4. Allows for systematic evaluation of all potential projects.
5. Serves as a public relations and economic development tool.
6. Helps plan for the maintenance and improvement of the City’s infrastructure.
The City’s first CIP was approved at the December 2, 2019 Council Meeting. Updated CIPs for the Water and Sewer were prepared for use in the 2023 Water/Sewer Rate Study. The updated Water and Sewer CIPs were presented and approved at the August 7, 2023 Council Meeting and the Rate Study was approved at the November 20, 2023 Council Meeting. An updated CIP was presented and approved at the January 21, 2025 Council Meeting, reallocating CIP budget to fund the Emergency Infiltration Basin D Project in late 2024.
REVIEW & ANALYSIS
Staff asked Megan Panofsky of MNS Engineers, Program/Construction Manager on the City Wastewater Projects to review the Sewer CIP and adjust the proposed projects based:
1. Funding needed for rehabilitation work at the Municipal Wastewater Treatment Plant to address treatment and effluent disposal issues. Total $1,140,000.
Expense Estimated
Cost
1 Pacific Crest Perform Boring and Percolation Test
at Basin A $13,825
2 Gateway Pacific Quote to Remove 2 feet of fines
from Basins A and C. $860,000
3 Bioaugmentation (4 Month Supply. Sludge RX in
Basins B, D) $30,160
4 Bioaugmentation (6 Month Supply. SRB Max.
Treatment Ponds 5, 6, 7, 8.) $75,400
5 Dechlorination Installation (Estimate) $50,000
Sub Total $1,029,385
Contingency $110,615
Total $1,140,000
2. Funding needed to rehabilitate two deteriorated manholes on Fifth Street. Total $125,400.
3. Updated costs and expected timelines due to delays on the 21-inch Trunk Main Rehabilitation Project. Total $750,000.
Megan Panofsky’s memorandum with the updated Sewer CIP is attached. Staff recommends that the City Council review and approve the updated Sewer Capital Improvement Program.
Packet Pg. 176
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: The Sewer Capital Improvement Program provides for planning, designing, funding, and constructing capital projects.
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: The Capital Improvement Program is a strategic tool used to plan and deliver various infrastructure projects and public works programs over a five-year horizon.
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 statement 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 X Yes No N/A
· Environment X Yes No N/A
· Education Yes X No N/A
Explain: See Vision Statement above.
ALTERNATIVES
Provide staff with comments and feedback on adjusting any of the projects.
BUDGET IMPACT
The updated CIP does not exceed the total budget for capital projects as presented in the 2023 Water and Sewer Rate Study, but the plan requires spending FY 2026-2027 funds during FY 2025-2026.
A cash flow analysis of anticipated expenditures and revenue was developed to estimate the Sewer Enterprise Fund balance through FY 2026-2027. As depicted in the memo attached, the fund will support the planned CIP and budgeted expenditure; however, the fund balance will drop to $300,000, after which sewer rate revenue will begin to replenish the fund balance.
CONCLUSION
Staff recommends that the City Council approve an updated Sewer Capital Improvement Program.
Packet Pg. 177
Attachments:
1. Sewer CIP Memo
Packet Pg. 178
Memorandum
TO Patrick Dobbins From Megan Panofsky
DATE 11/13/2025
Subject Updated CIP and Sewer Enterprise Fund Cash Flow Projections MNS was tasked with updating the City of Gonzales’ Capital Improvement Plan (CIP) budget to fund the unanticipated Municipal Wastewater Treatment Plant (MWWTP) Rehabilitation Project as well as the 5th Street Manhole Rehabilitation Project. The following memorandum provides details as to the projects reviewed, and updates made to the CIP to fund the projects.
Updated CIP
MNS made the following adjustments to the CIP to re-allocate the estimated $1,140,000 to the MWWTP Rehabilitation effort and $125,400 for the 5th Street Manhole Project. 1) Updated Fiscal Year (FY) 24/25, the 21-inch Trunk Sewer Video Inspection and Rehabilitation project was not started in 24/25. This project must be completed before startup of the Industrial Wastewater Treatment Facility (IWTF). Funds were transferred to FY 25/26 and FY 26/27 to be accurate per planned design, bid, and construction.
2) Reallocated funds for the following projects to the MWWTP Rehabilitation Project:
Project Determination CIP Budget Reallocated
Install New Groundwater
Monitoring Wells at MWWTP
Postponed to future CIP $125,000 (FY 25/26)
Wastewater Treatment Plant
Upgrades
Postponed to future CIP $205,000 (FY 25/26 $80,000 + FY 26/27 $125,000)
Wastewater Treatment Plant
Sludge Removal
Sludge Removal to be accomplished as part of
the MWWTP Rehabilitation Project
$750,000 (FY 25/26)
Replace SCADA/Control
System
Postponed to FY26/27 with decreased budget. FY 25/26 $10,000 WWTP Process Optimization In progress as part of the MWWTP Planning Study
$25,000 (FY 26/27)
Sewer System Condition
Assessment
Postponed to FY26/27 with decreased budget. $25,000 (FY 25/26) TOTAL $1,140,000
811 El Capitan Way Suite 130,
San Luis Obispo, CA 93401
Ph 805.692.6921
Packet Pg. 179 Attachment: Sewer CIP Memo (3408 : Updated Sewer Capital Improvement Program) 3) Reallocated funds for the following projects to the 5th Street Manhole Rehabilitation Project Project Determination CIP Budget Reallocated
Sewer Condition Assessment Postponed to FY26/27 with decreased budget. $125,400 (FY 25/26) TOTAL $125,400
Sewer Enterprise Cash Flow Model
The updated CIP reallocates nearly all the FY 26/27 CIP budget to FY 25/26. A cash flow analysis was developed to evaluate if the Sewer Enterprise fund can support the anticipated expenditures.
The following assumptions were used to develop the cash flow analysis:
1) The analysis initiates October 2025, using actual to-date costs and fund balances. 2) City costs for FY 25/26 assume the remainder of the FY 25/26 budget expenditure will be equally distributed over the next 8 months.
3) City anticipated expenditures for FY 26/27 were assumed to increase from FY 25/26 budgets at the same annual percentage increase as from FY 24/25 to FY 25/26. 4) City revenue for FY 25/26 assumes the remaining anticipated revenue for FY 25/26 is distributed considering a 20% increase on January 1, 2026, per the Sept 2023 Water/Sewer Rate Study. 5) City revenue for FY 26/27 assumes a 6% increase on January 1, 2027, per the Sept 2023 Water/Sewer Rate Study.
6) The current Sewer Enterprise Fund balance is $1,153,055 per the Balance Sheet provided on October 24, 2025.
Based on the cash flow model, the Sewer Enterprise Fund can support the anticipated expenditure but will drop to a minimum balance of $300,000 after which revenue will continue to replenish the fund balance. As shown in the Projected Sewer Enterprise Fund Balance figure attached herein.
Current MWWTP operation is reliant on infiltration via the new IWTF infiltration basins, which must cease operation in February 2026 to avoid delaying IWTF construction. Rehabilitation of the MWWTP is needed as soon as possible. Additionally, City Staff has stated that the 5th Street Manholes are a hazard in their current condition and need to be rehabilitated.
Attachments:
October 2025 Updated CIP Table
Cash Flow Model
January 2025 Updated CIP Table
2023 Rate Study CIP Table
Packet Pg. 180 Attachment: Sewer CIP Memo (3408 : Updated Sewer Capital Improvement Program) 10/28/2025 Updated CIP
FY 23/24 FY 24/25 FY 25/26 FY 26/27
WWT 1 Wastewater Treatment Plan Expansion - $ - $ - $ - $ WWT 2 Wastewater Rate Study $ - 10,000 $ - $ - $
WWT 3 Wastewater Master Plan - $ 25,00 $ 275,00 0 $ - 0 $ WWT 4 Groundwater Monitoring Plan 15,00 $ - 0 $ - $ - $ WWT 5 Install New Groundwater Monitoring Wells at WWTP $ - - $ 125,00 $ 0 $ - WWT 6 Wastewater Treatment Plant Upgrades $ - - $ 80,00 $ 0 $ 125,000 WWT 7 Wastewater Treatment Plant Sludge Removal $ - - $ - $ 750,00 $ 0 WWT 8 Replace SCADA/Control System - $ - $ 10,00 $ 0 $ 100,000 WWT 9 WWTP Process Optimization - $ - $ - $ 25,00 $ 0
WWT 10 Renewal of WWTP WDR 20,00 $ - 0 $ - $ - $
WWT 11 Sampling, Analysis and Regulatory Report Plan $ - 14,000 $ - $ - $ WWT 12 Spill Prevention, Emergency Response and Staff Training Plans $ - 7,500 $ - $ - $ WWT 13 Wastewater Disposal and Sludge Management Plan $ - 14,000 $ - $ WWT 14 WWTP and Collections Staffing Study $ - - $ 5,50 $ - 0 $ WWT 15 Annual Waste Discharge Requirement Fees (WWTP and IWTF) $ 28,00 25,000 $ 28,00 0 $ 55,00 0 $ 0 WWT 16 CUPA Spill Prevention Control and Countermeasures Plan $ 20,00 - $ - 0 $ - $ WWT 17 Climate Change Adoption Plan - $ - $ 25,00 $ - 0 $ WWT 18 Time Schedule Compliance Plan 10,00 $ - 0 $ - $ - $ WWT 19 Emergency Infiltration Basin - $ 550,00 $ - 0 $ - $ WWT 20 Wastewater Treatment Plant Rehabilitation $ - - $ 1,140,00 $ - 0 $ Total $ 598,000 115,500 $ 1,198,500 $ 155,000 $ $ 2,067,000
$ 208,000 351,000 $ 453,000 $ 1,105,000 $ 2,117,000 $
$ (390,000) 235,500 $ (745,500) $ 950,000 $ 50,000 $
CS 1 Industrial Wastewater Pretreatment Program $ - 10,000 $ - $ - $ CS 2 Update Sewer System Management Plan 10,00 $ - 0 $ - $ - $ CS 3
Clean and Video Inspect 21-Inch Trunk Sewer (Along Fermin Lane from Alta Street to WWTP) $ 130,000 $ - 130,000 $
CS 4
Rehabilitate Manholes on 21-inch Sewer (Along Fermin Lane from Alta Street to WWTP) $ 270,000 $ 390,000 230,000 $
CS 5 Sewer System Condition Assessment $ 150,000 $ 129,600 CS 6 5th Street Manhole Rehabilitation $ 125,400 Total
$ - 20,000 $ 485,400 $ 519,600 $ $ 1,025,000
$ 330,000 335,000 $ 180,000 $ 180,000 $ 1,025,000 $
$ 330,000 315,000 $ (305,400) $ (339,600) $ - $
IS 1 Conveyance $ 7,500,00 - $ - 0 $ - $
IS 2 Treatment Facility $ 1,400,00 - $ 0 $ 7,400,00 16,300,000 $ 0 IS 3 Land, Legal, Engineering Costs $ 990,00 100,000 $ 2,900,00 0 $ 640,00 0 $ 0 $ 8,490,000 100,000 $ 19,200,000 $ 8,040,000 $
$ 12,500,000 8,300,000 $ 3,500,000 $ - $
$ 4,010,000 8,200,000 $ (15,700,000) $ (8,040,000) $
$ 9,088,000.00 235,500.00 $ 20,883,900.00 $ 8,714,600.00 $ Funding Sources FY 23/24 FY 24/25 FY 25/26 FY 26/27
Sewer Operations Fund 135,50 $ 598,00 0 $ 1,683,90 0 $ 674,60 0 $ 0 Sewer Operations Fund Totals per Sept 2023 Water/Sewer Rate Study $ 538,00 686,000 $ 633,00 0 $ 1,285,00 0 $ 0 Δ $ (60,000) 550,500 $ (1,050,900) $ 610,40 $ 0
Loans $ 9,890,00 100,000 $ 19,200,00 0 $ 8,040,00 0 $ 0 Grants $ 25,00 - $ 275,00 0 $ - 0 $
$ 10,991,000 1,472,000 $ 20,741,000 $ 10,610,000 $
WASTEWATER TREATMENT
COLLECTIONS SYSTEM
INDUSTRIAL SYSTEM
Total =
Total
CIP Totals
CIP Totals per Sept 2023 Water/Sewer Rate Study
Δ
CIP Totals per Sept 2023 Water/Sewer Rate Study
Δ
CIP Totals
CIP Totals per Sept 2023 Water/Sewer Rate Study
Δ
CIP Totals
Packet Pg. 181 Attachment: Sewer CIP Memo (3408 : Updated Sewer Capital Improvement Program) $0
$200,000$400,000$600,000$800,000
$1,000,000$1,200,000$1,400,000$1,600,000
Oct-25 Nov-25 Dec-25 Jan-26 Feb-26 Mar-26 Apr-26 May-26 Jun-26 Jul-26 Aug-26 Sep-26 Oct-26 Nov-26 Dec-26 Jan-27 Feb-27 Mar-27 Apr-27 May-27 Jun-27 Sewer Enterprise Fund Balance
Projected Sewer Enterprise Fund Balance
Packet Pg. 182
Attachment: Sewer CIP Memo (3408 : Updated Sewer Capital Improvement Program) 1/13/2025 Updated CIP
FY 23/24 FY 24/25 FY 25/26 FY 26/27
WWT 1 Wastewater Treatment Plan Expansion $ - $ - $ - $ - WWT 2 Wastewater Rate Study $ 10,000 $ - $ - $ -
WWT 3 Wastewater Master Plan $ - $ 25,000 $ 275,000 $ - WWT 4 Groundwater Monitoring Plan $ 15,000 $ - $ - $ -
WWT 5 Install New Groundwater Monitoring Wells at WWTP $ - $ - $ 125,000 $ - WWT 6 Wastewater Treatment Plant Upgrades $ - $ - $ 80,000 $ 125,000 WWT 7 Wastewater Treatment Plant Sludge Removal $ - $ - $ - $ 750,000 WWT 8 Replace SCADA/Control System $ - $ - $ 10,000 $ 100,000 WWT 9 WWTP Process Optimization $ - $ - $ - $ 25,000
WWT 10 Renewal of WWTP WDR $ 20,000 $ - $ - $ -
WWT 11 Sampling, Analysis and Regulatory Report Plan $ 14,000 $ - $ - $ - WWT 12 Spill Prevention, Emergency Response and Staff Training Plans $ 7,500 $ - $ - $ - WWT 13 Wastewater Disposal and Sludge Management Plan $ 14,000 $ - $ - WWT 14 WWTP and Collections Staffing Study $ - $ - $ 5,500 $ - WWT 15 Annual Waste Discharge Requirement Fees (WWTP and IWTF) $ 25,000 $ 28,000 $ 28,000 $ 55,000 WWT 16 CUPA Spill Prevention Control and Countermeasures Plan $ - $ 20,000 $ - $ - WWT 17 Climate Change Adoption Plan $ - $ - $ 25,000 $ - WWT 18 Time Schedule Compliance Plan $ 10,000 $ - $ - $ - WWT 19 Emergency Infiltration Basin $ - $ 550,000 $ - $ - $ 598,000 115,500 $ 273,500 $ 1,055,000 $
$ 351,000 $ 208,000 $ 453,000 $ 1,105,000
$ 235,500 $ (390,000) $ 179,500 $ 50,000
CS 1 Industrial Wastewater Pretreatment Program $ 10,000 $ - $ - $ - CS 2 Update Sewer System Management Plan $ 10,000 $ - $ - $ - CS 3
Clean and Video Inspect 21-Inch Trunk Sewer (Along Fermin Lane from Alta Street to WWTP) $ - 130,000 $ - $
CS 4
Rehabilitate Manholes on 21-inch Sewer (Along Fermin Lane from Alta Street to WWTP) $ 350,000 270,000 $ - $
CS 5 Sewer System Condition Assessment $ 150,000 $ 180,000 $ 400,000 20,000 $ 500,000 $ 180,000 $
$ 330,000 335,000 $ 180,000 $ 180,000 $
$ (70,000) 315,000 $ (320,000) $ - $
IS 1 Conveyance $ - $ 8,400,000 $ - $ -
IS 2 Treatment Facility $ - $ 1,400,000 $ 16,100,000 $ 3,100,000 IS 3 Land, Legal, Engineering Costs $ 100,000 $ 2,230,000 $ 2,400,000 $ 640,000 $ 12,030,000 100,000 $ 18,500,000 $ 3,740,000 $
$ 8,300,000 $ 12,500,000 $ 3,500,000 $ -
$ 470,000 8,200,000 $ (15,000,000) $ (3,740,000) $
$ 13,028,000.00 235,500.00 $ 19,273,500.00 $ 4,975,000.00 $ Funding Sources FY 23/24 FY 24/25 FY 25/26 FY 26/27
Sewer Operations Fund $ 135,500 $ 998,000 $ 773,500 $ 1,235,000 Sewer Operations Fund Totals per Sept 2023 Water/Sewer Rate Studay $ 686,000 $ 538,000 $ 633,000 $ 1,285,000 Δ $ (550,500) $ 460,000 $ 140,500 $ (50,000)
Loans $ 100,000 $ 12,030,000 $ 18,500,000 $ 3,740,000
Grants $ - $ 25,000 $ 275,000 $ -
$ 14,051,000 371,000 $ 20,322,000 $ 6,210,000 $
CIP Totals per Sept 2023 Water/Sewer Rate Study
Δ
CIP Totals
CIP Totals per Sept 2023 Water/Sewer Rate Study
Δ
CIP Totals
WASTEWATER TREATMENT
COLLECTIONS SYSTEM
INDUSTRIAL SYSTEM
Total =
Total
CIP Totals
CIP Totals per Sept 2023 Water/Sewer Rate Study
Δ
Packet Pg. 183 Attachment: Sewer CIP Memo (3408 : Updated Sewer Capital Improvement Program) City of Gonzales Page 28
Water and Sewer Utility Rate Study 2023
Table 19: Wastewater CIPCity of GonzalesWater and Sewer Utility Rate Study 2023 2023/24 2024/25 2025/26 2026/27
WASTEWATER TREATMENTWastewater Treatment Plan Expansion 0 0 0 0 Wastewater Rate Study 10,000 0 0 0
Wastewater Master Plan 25,000 275,000 0 0
Projected Grant Funding (25,000) (275,000) 0 0
Groundwater Monitoring Plan 15,000 0 0 0
Install New Groundwater Monitoring Wells at WWTP 125,000 0 0 0 Wastewater Treatment Plant Upgrades 80,000 125,000 300,000 300,000 Wastewater Treatment Plant Sludge Removal 0 0 0 750,000 Replace SCADA/Control System 0 10,000 100,000 0
WWTP Process Optimization 25,000 25,000 0 0
Renewal of WWTP WDR 20,000 0 0 0
Sampling, Analysis and Regulatory Report Plan 14,000 0 0 0 Spill Prevention, Emergency Responds and Staff Training Plans 7,500 0 0 0 Wastewater Disposal and Sludge Management Plan 14,000 0 0 0 WWTP and Collections Staffing Study 5,500 0 0 0
Annual Waste Discharge Requirement Fees (WWTP and IWTF) 25,000 27,500 27,500 55,000 CUPA Spill Prevention Control and Countermeasures Plan 0 20,000 0 0 Climate Change Adoption Plan 0 0 25,000 0
Time Schedule Compliance Plan 9,500 0 0 0
Subtotal Wastewater Treatment 351,000 208,000 453,000 1,105,000 COLLECTIONS SYSTEMIndustrial Wastewater Pretreatment Program 25,000 0 0 0 Update Sewer System Management Plan 10,000 0 0 0
Clean and Video Inspect 21" Trunk Sewer (Along Fermin Ln from Alta St to WWTP) 50,000 50,000 0 0 Rehabilitate Manholes on 21" Sewer (Along Fermin Ln from Alta St to WWTP) 100,000 100,000 0 0 Sewer System Condition Assessment 150,000 180,000 180,000 180,000 Subtotal Collections System 335,000 330,000 180,000 180,000 INDUSTRIAL SYSTEMIndustrial Wastewater Reclamation System 8,300,000 12,500,000 3,500,000 0 Subtotal Industrial System 8,300,000 12,500,000 3,500,000 0 TOTAL WASTEWATER CIP $8,986,000 $13,038,000 $4,133,000 $1,285,000 Packet Pg. 184
Attachment: Sewer CIP Memo (3408 : Updated Sewer Capital Improvement Program)