Gonzales City Council
April 18, 2022

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

A G E N D A

JOINT MEETING OF THE

GONZALES CITY COUNCIL AND

GONZALES SUCCESSOR AGENCY
CITY COUNCIL CHAMBERS – 117 FOURTH STREET
GONZALES, CA 93926
MONDAY, APRIL 18, 2022
6:00 P.M.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

1. ROLL CALL- City Council/Successor Agency
Mayor Pro Tem/Vice Chair Scott Funk, Council/Agency Member Liz Silva, Council/Agency Member Lorraine Worthy, Council/Agency Member Paul Miller, Mayor/Chair Jose L. Rios
Youth Commissioners
Sherlyn Flores and Autumn Escobedo
Successor Agency Item

PUBLIC NOTICE
This meeting is being conducted consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The public may participate in person or online via zoom at https://us06web.zoom.us/j/82820972514 or call 1 (669) 900-6833 and use Meeting ID: 828 2097 2514.

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

If you choose not to attend the City Council meeting but wish to make a comment on a specific agenda item, please submit your comment limited to 250 words or less by 12:00p.m. on Monday, April 18th to the City Clerk at [email protected]

BUSINESS FROM THE PUBLIC

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

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

3. Approve the Joint City Council and Successor Agency - Regular Meeting - April 4, 2022 Minutes

4. Approve City Accounts Payable Warrants #46653-46709
*
*
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.

5. Community Engagement & Strategic Partnerships Activity Report

6. Fire Department Activity Report

7. Police Department Activity Report

8. Public Works/City Engineer Department Activity Report

9. Recreation Department Activity Report

10. Consider Approval of a Reimbursement Agreement Between the City of Gonzales and Rianda Family Limited Partnership

REGULAR AGENDA

11. Introduce, Waive Reading and Read by Title Only Ordinance No. 2022-131, An Ordinance of the City Council of the City of Gonzales Approving Gonzales Police Department Policy Manual Policy 709-Military Equipment
a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Introduce, waive reading and read by title only Ordinance No. 2022-131

BUSINESS FROM CITY COUNCIL

12. Consider Appointment to the Planning Commission

13. City Council Board/Committee Reports
a. League of California Cities Monterey Bay Division
b. Association of Monterey Bay Area Governments
c. Monterey Salinas Transit
d. City & School Joint Steering Committee
e. Economic Development Committee

14. Oral Communications

BUSINESS FROM CITY MANAGER

15. Oral Communications

CLOSED SESSION
Any member of the public may address the Council on a closed session item appearing on the agenda.

Speakers shall have a limited time of three (3) minutes. Please be brief and to the point.

16. The City Council will recess to closed session to consider personnel matters pursuant to Government Code Section 54957(b)(1)- City Manager -Employment/Recruitment.

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.

MINUTES

JOINT MEETING OF THE

GONZALES CITY COUNCIL AND

GONZALES SUCCESSOR AGENCY
MONDAY, APRIL 4, 2022
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.

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

YOUTH COMMISSIONERS
Sherlyn Flores and Autumn Escobedo (via zoom).

STAFF PRESENT
City Manager René L. Mendez, Director of Community Engagement and Strategic Partnerships Carmen Gil, Executive Assistant to the City Manager/Deputy City Clerk Mary Villegas, Administrative Assistant I Noemi Gregorio, Police Chief Keith Wise, Assistant City Manager Mark Hartunian, Fire Chief Jason Muscio, and Public Works Director/City Engineer Patrick Dobbins. * Successor Agency Item
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Minutes Acceptance: Minutes of Apr 4, 2022 6:00 PM (CONSENT AGENDA) AGENDA
ITEM
3

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/87241296989 or call 1-1669-900-6833 and use Meeting ID: 872 4129 6989. If you wish to make either a general public comment or to comment on a specific agenda item, please use the Raise Hand function. You will be allowed three minutes for your comments.

If you choose not to attend the City Council meeting but wish to make a comment on a specific agenda item, please submit your comment limited to 250 words or less by 12:00p.m. on Monday, April 4th to the City Clerk at [email protected]

PRESENTATIONS

2. Swearing in of Fire Department Personnel
Fire Chief Muscio sworn in Fire Lieutenant Kyler Monares, Fire Lieutenant David Vasquez, Fire Lieutenant David Achen, and Firefighters Christian Avina and Alejandro Quiroz, as Disaster Service Workers. He said Firefighter Erik Prader could not be here tonight, but will swear him in at a later date.

The Council thanked all of them for their work and for being active in the community.

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.

Karina Villa, Dia del Niño Committee Member, invited everyone to the Dia del Niño Celebration on April 24th from 1pm - 4pm at Central Park. She gave staff the contact information for that event.

Maria Orozco, Grupos Unidos Member, congratulated the group for their 15th year Dia del Niño celebration, which is a result of one community member asking about how the City of Gonzales could celebrate our children. She was happy the group has continued this throughout the years and the City for setting the bar to other Cities to celebrate children in their communities. She thanked the City for continuing to support this event and for a great event last Saturday, which was a success and heard positive comments from the local businesses.

Maria Uribe, Pueblos Unidos de Tateposco known as LUDA, invited everyone to the Cinco de Mayo celebration on May 1st at Central Park from 12pm - 6pm. She thanked them for their support.

CONSENT AGENDA

4. Approve the Joint City Council and Successor Agency - Regular Meeting - March 21, 2022 Minutes

5. Approve City Accounts Payable Warrants #46565-46652
*
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Minutes Acceptance: Minutes of Apr 4, 2022 6:00 PM (CONSENT AGENDA)

6. Consider Approval of Resolution No. 2022-16, A Resolution of the City Council of the City of Gonzales Authorizing Execution of an Operation & Maintenance Agreement with ENGIE Services in the Amount of $225,000, Which Includes a Contingency Budget of $17,029 for Maintenance of Six City-Owned Solar Arrays for a Five-Year Period RESULT: APPROVED [UNANIMOUS]
MOVER: Paul Miller, Council Member
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Paul Miller

REGULAR AGENDA

7. Discussion and Consideration of an Increase of ½ Percent (.5%) Transaction and Use Tax Staff Report: City Manager Mendez presented the staff report.

Public Comment: Maria Orozco, Gonzales Chamber of Commerce Member and Small Business Owner, commented about the Chamber of Commerce process of trying to meet soon and she believed this would be a great opportunity for the City to meet with the Chamber and get the Chamber and local businesses support; and this being a perfect example of how to gather support from the local Chamber and business owners on this proposed measure since they are the ones that charge that extra half cent sales tax.

Marie Villasenor-Talley sent an email to the City Clerk on April 4, 2022. The email was read during the meeting and stated the following: “Good Afternoon, This e-mail serves to express my concern and opposition of Measure K, X and the increase of the transaction and Use Tax Increase of 1/2 percent. I cannot make it to tonight’s meeting; therefore I am submitting a written e-mail outlining my opposition. If I had additional time, I would have provided more reasons for my opposition. The extension of Measure K and X from 2044 to 2064 is nonsensical. This only adds an additional cost to our children and grandchildren. They should be the ones deciding this extension come 2044 or just a couple years before 2044. An additional tax to add to the Community Center project and have a stand alone gym does not make sense to me, my spouse, and some friends of ours; because there are other facilities available such as: 1. TWO basketball courts located at each school (granted one is outside), 2. ONE basketball courts located at Meyer Park, 3. ONE Community Center gym. If scheduling is a problem, then a scheduling system needs to be developed. With Highest Regards, Marie Villasenor-Talley.” Council Discussion: General discussion took place.

It was the Council’s consensus to direct staff to bring this information back to the Council for consideration.

BUSINESS FROM CITY COUNCIL

8. City Council Board/Committee Reports
a. Transportation Agency for Monterey County
Mayor Rios reported on AB 1638, fuel tax, street funding, and use of the railroads in the peninsula.
b. Mayor Selection Committee
Mayor Rios reported on the candidates running for Assembly District 30. c. Salinas Valley Recycles
Council Member Silva announced the next meeting on April 21st and the plans being on hold for the transfer station.

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Minutes Acceptance: Minutes of Apr 4, 2022 6:00 PM (CONSENT AGENDA)

d. Measure K Oversight Committee
Community Engagement & Strategic Partnerships Director Gil announced a meeting next month.
e. Salinas Valley Basin Groundwater Sustainability
Public Works Director/City Engineer Dobbins reported on the March 21st Committee meeting, and announced the next meeting on April 21st.
f. City's 75th Anniversary Committee
Community Engagement & Strategic Partnerships Director Gil thanked everyone who participated in the Car Show which was a great success. Council Members Silva and Worthy commended Carmen and staff for a great event.

9. Oral Communications
Youth Commissioner Escobedo reported on the steps of the action projects and meeting this Thursday to share the plans.

Council Member Worthy thanked staff and everyone that worked in the car show event. She also thanked the people that have reserved the Legion Hall which is booked for the next few months.

Council Member Silva thanked the community and everyone who participated in the successful event. She shared a message she received from a resident about why we allow people to paint the trunk of the trees, like the one at 7th and Alta Street.

Assistant City Manager Hartunian responded that was unpermitted and unsolicited from the City and he went out there and could not contact anyone, but he will go again.

Council Member Silva encouraged everyone who have tattered American flags to put them in a paper bag and the American Legion will properly dispose of them on July 4th at Central Park.

Mayor Pro Tem Funk thanked staff and all the volunteers for their help in the beautiful event.

Council Member Miller said it was a great event and thanked staff, all the volunteers and all those who came out to participate.

Mayor Rios hoped the fundraising booths did well at the event.

BUSINESS FROM CITY MANAGER

10. Oral Communications
No report.

CLOSED SESSION
Any member of the public may address the Council on a closed session item appearing on the agenda.

Speakers shall have a limited time of three (3) minutes. Please be brief and to the point.

No comments came forward.

11. The City Council will recess to closed session to consider personnel matters pursuant to Government Code Section 54957(B)(1) - City Manager Evaluation.

The Council engaged in the City Manager evaluation process. No other reportable action taken.

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Minutes Acceptance: Minutes of Apr 4, 2022 6:00 PM (CONSENT AGENDA)

ADJOURNMENT
The meeting was adjourned at 7:45 PM.

ATTEST:

Mary Villegas, Deputy City Clerk
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Minutes Acceptance: Minutes of Apr 4, 2022 6:00 PM (CONSENT AGENDA) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number
Vendor Name Check Description
RABOBANK Page: 1
Time: 12:13 pm
Date: 04/06/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
ABAG PUBLICLY OWNED 1,500.00
ENERGY
46653 04/01/22 Printed 256 Levelized Gas Charges - March 22. 46654 04/01/22 Printed 4219 DAVID ACHEN Reimbursement for Gas 122.36 ALVAREZ TECHNOLOGY 1,090.47
GROUP, INC.
46655 04/01/22 Printed 3893 Software Set-up
46656 04/01/22 Printed 137 AMERICAN SUPPLY CO. Supplies 870.06 46657 04/01/22 Printed 341 PATRICK ASKEW Retiree Medical Insurance Benefit-April 361.00 46658 04/01/22 Printed 2830 AT&T Internet Charges - #308309956 53.50 46659 04/01/22 Printed 86 AT&T Telephone Charges - 2/23/22 - 3/22/22 1,398.22 46660 04/01/22 Printed 3805 BADGER METER INC. Meter Reading Software 100.10 46661 04/01/22 Printed 3191 BOOTS ROAD GROUP LLC Website Services 750.00 CAL-WEST LIGHTING AND 518.46
SIGNAL
46662 04/01/22 Printed 3838 Maint.
46663 04/01/22 Printed 3789 CALIFORNIA STRATEGIES, LLC General & Strategic Consulting - March 5,000.00 46664 04/01/22 Printed 770 CARLOS ALBERTO ESQUIVEL Janitorial Services 1,706.03 46665 04/01/22 Printed 3095 CSG CONSULTANTS INC. Building Inspections 3,965.00 CYPRESS COAST FORD 343.05

LINCOLN
46666 04/01/22 Printed 4063 Aco Unit Police
46667 04/01/22 Printed 1410 DEPARTMENT OF JUSTICE Live Scans 130.00 EMERGENCY MEDICAL 854.52

PRODUCTS,
46668 04/01/22 Printed 846 Medical Supplies
46669 04/01/22 Printed 2313 FAILSAFE TESTING Ladder Certification 495.00 46670 04/01/22 Printed 197 FARMERS FOOD MARKET Grocery and Drinks 83.04 FEHR ENGINEERING 2,025.00
COMPANY INC.
46671 04/01/22 Printed 3314 Design Services for Generator Replacement
GOLDSTAR BUICK PONTIAC 137.66
GMC
46672 04/01/22 Printed 1084 Car Maint.

GONZALES ACE HARDWARE 184.43
INC.
46673 04/01/22 Printed 3274 Repairs on Bridge
GONZALES TIRE & AUTO 22.60
SUPPLY
46674 04/01/22 Printed 3477 Penetrating Oil
46675 04/01/22 Printed 1109 GONZALES UNIFIED SCHOOL Cleaning & Maint of Joint Use Gym 1,711.51 46676 04/01/22 Printed 4071 GREAT AMERICA FINANCIAL Copier Lease - Fire 1,498.58 46677 04/01/22 Printed 3228 HARRIS & ASSOCIATES, INC. Planning Support for Heavenly Valley 2,350.00 Project
46678 04/01/22 Printed 4120 HILL BROTHERS CHEMICAL CO Chlorine 3,535.32 46679 04/01/22 Printed 2215 HINDERLITER, DE LLAMAS & Transactions Tax Jan, - March 2022 600.00 46680 04/01/22 Printed 4237 JEANNIE LOPEZ City Anniversary Celebration 352.50 46681 04/01/22 Printed 2396 MANDEGO APPAREL Sports Supplies 417.82 46682 04/01/22 Printed 4214 GERARDO MARTINEZ 75 Year Anniversary Supplies 796.31 46683 04/01/22 Printed 1746 RENE L. MENDEZ Per Diem Travel Expenses 3 Days @ $50 150.00 46684 04/01/22 Printed 72 MISSION UNIFORM SERVICE City Hall Mats 944.23 MONTEREY COUNTY 48,725.00

EMERGENCY
46685 04/01/22 Printed 470 Quarter 4 - FY 2021/22 County Communication
MONTEREY COUNTY 424.37

INFORMATION
46686 04/01/22 Printed 243 Monthly County IT Charges
46687 04/01/22 Printed 4238 MUNICIPAL MAINTENANCE Van con accessories 3,743.62 46688 04/01/22 Printed 91 P. G. & E. Utilities 2,805.20 46689 04/01/22 Printed 4236 PITNEY BOWES INC Supplies 83.18 46690 04/01/22 Printed 2790 RDO EQUIPMENT CO. Repairs on Tractor 2,525.73 46691 04/01/22 Printed 2979 SALINAS VALLEY PRO SQUAD Patch for Uniform 7.00 46692 04/01/22 Printed 2685 SC FUELS Fuel for Fire Engines Cust. #0045874 527.26 SCHAAF & WHEELER, 900.00

CONSULTING
46693 04/01/22 Printed 3894 Waste Water Treatment Lift Station 46694 04/01/22 Printed 2879 SKINNER EQUIPMENT REPAIR Repairs to 8112 Fire Engine 13,050.14 46695 04/01/22 Printed 2449 SMITH & ENRIGHT Maint. 6,070.00 46696 04/01/22 Printed 2751 CURTIS SNIVELY Reimburse C Snively for Boots. 200.00 46697 04/01/22 Printed 4234 STRIPE A LOT, INC Bridge Stripped 2,300.00 46698 04/01/22 Printed 1857 SUMMIT UNIFORM CORP. Uniforms 855.31 46699 04/01/22 Printed 2753 SUN STREET CENTERS Road to Success - February 3,294.76 AGENDA
ITEM
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Attachment: Warrants #46653-46709 (2387 : Approve Accounts Payable Warrants #46653-46709) 4 City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number
Vendor Name Check Description
RABOBANK Page: 2
Time: 12:13 pm
Date: 04/06/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
46700 04/01/22 Printed 3670 T-MOBILE Hot Spot #2 28,705.00 THE SPCA OF MONTEREY 5,478.00
COUNTY
46701 04/01/22 Printed 1890 Monthly Charges
46702 04/01/22 Printed 4086 TRANS UNION LLC Pre-Employment Loans 6.92 46703 04/01/22 Printed 27 TRI - CITIES DISPOSAL Trash Services - November 55,082.11 TRI-COUNTY FIRE 484.15

PROTECTION, IN
46704 04/01/22 Printed 142 Fire Extinguishers
46705 04/01/22 Printed 3577 U.S. BANK Various Charges - 5140 568.77 46706 04/01/22 Printed 3410 ULINE, INC. Kid Power Supplies 107.50 WEST VALLEY 4,900.00

CONSTRUCTION CO
46707 04/01/22 Printed 476 ADU - Cust 30147
46708 04/01/22 Printed 2683 WORKWELL MEDICAL GROUP Physical - Perez-Laguna 680.00 Total Checks: 56 Checks Total (excluding void checks): 215,590.79 Total Payments: 56 Bank Total (excluding void checks): 215,590.79 Total Payments: 56 Grand Total (excluding void checks): 215,590.79 Packet Pg. 9
Attachment: Warrants #46653-46709 (2387 : Approve Accounts Payable Warrants #46653-46709) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 12:15 pm
Date: 04/06/2022
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
46709 04/06/22 Printed 4239 UNITED WAY WORLDWIDE EFSP Unused Funds LRO # 077600-037 14,503.38 Phase 38
Total Checks: 1 Checks Total (excluding void checks): 14,503.38 Total Payments: 1 Bank Total (excluding void checks): 14,503.38 Total Payments: 1 Grand Total (excluding void checks): 14,503.38 Packet Pg. 10
Attachment: Warrants #46653-46709 (2387 : Approve Accounts Payable Warrants #46653-46709) City of Gonzales

COMMUNITY ENGAGEMENT & STRATEGIC

PARTNERSHIPS

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: April 18, 2022
FROM: Carmen Gil, Community Engagement & Strat. Partnership Dir.

THROUGH: René L. Mendez, City Manager
SUBJECT: Community Engagement & Strategic Partnerships Activity Report Gonzales Youth Council

1. The Gonzales Youth Council continues to work on planning the rest of their school year together.

They have broken up into two groups one which will focus on continuing with the mental health project and the other will focus on pedestrian safety.

2. A group of the GYC joined the Blue Zones Monterey County project on a walking tour around the schools to identify areas that are hazardous to students. They shared their experience with the national experts and discussed aspects of their pedestrian safety project.

GYC and Blue Zones Personnel discussing issue areas around the school sites AGENDA
ITEM
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3. Two GYC members attended the Blue Zones schools submit. During the submit they shared their knowledge of healthy and unhealthy food choices currently available in the school system. They also discussed potential improvement opportunities.

Gonzales Cares Program
Staff continues to work on the rental assistance program, and to date has processed over 200 applications under the current program {Emergency and Rental Assistance Program (ERAP)}. The program is almost over, and the application period has closed for most organizations in the county. At this point organizations are being advised to work off the waitlist that already exist and not take any new applications.

COVID-19 and Community Health Workers (CHWs)
The Community Health Care Workers (CHWs) continue to provide testing services at St. Theodore’s Church on Mondays, Wednesdays, and Fridays starting at 2:00pm. They are also testing at the school Technology portable on Tuesday’s starting at 2:00pm. They are also now supporting local food distributions and are receiving additional training for upcoming areas of work in which they will focus more on COVID recovery.

Community Engagement

1. The Community Engagement Director and the City Manager met with a group of 12 business owners.

We discussed potential opportunities and how together we can partner more directly on projects that benefit the downtown such as beatification and facade programs. The business owners were very thankful that the city hosted the meeting with them and had a lot to contribute to the conversation.

They stated they looked forward to more conversations and that that was the first time they all gathered with the city to discuss issues and potential solutions.

2. Staff is working hard to plan the first round of activities for the City’s 75th Year Anniversary. On March 21st a small ceremony was held as part of the City Council meeting and on April 2nd we will be hosting a car show. The car show will include food vendors, live performers, and a children's zone.

The community is excited to participate and there seems to be a lot of anticipation around the event.

Gonzales City Council at March 21st Meeting
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City of Gonzales

FIRE DEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: April 18, 2022
FROM: Jason Muscio, Fire Chief
THROUGH: René L. Mendez, City Manager
SUBJECT: Fire Department Activity Report

RESPONSES
There were 50 calls for service during the month of March including one small structure fire within the City, and one vegetation fire in the Rural Fire District. We provided mutual aid to neighboring agencies twice during the month, once for a structure fire in Greenfield, and once for a vehicle injury accident in Soledad.

STAFFING
Staffing stands at 10, with the Chief, three Lieutenants, three Firefighters, and three active Volunteer Firefighters. We currently have no applications for Volunteer Firefighter, or any candidates currently in the selection process.

TRAINING
A Department wide mass casualty incident drill was conducted, as well as additional training on wild land firefighting techniques and safety. Crews also began to familiarize themselves with some additional medical equipment we will beginning carrying on June 1st.

EQUIPMENT
Engine 8112 received repairs costing over $13 thousand dollars for a broken oil pan, and cab tilt locks.

All apparatus is currently in service.

PREVENTION
AGENDA
ITEM
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Regular business inspections and residential rental unit inspections continued to be conducted on a regular basis.

GRANTS
The Chief has been in contact with California Strategies LLC for help in identifying potential grant opportunities and other funding sources for the purchase of a new fire engine. A potential funding matrix is being developed and will be reviewed as soon as it becomes available.

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City of Gonzales

POLICE DEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: April 18, 2022
FROM: Keith Wise, Chief of Police
THROUGH: René L. Mendez, City Manager
SUBJECT: March Activity Report 2022
Crime and Arrests
The Gonzales Police Department investigated 11 Part I Crimes (Homicide, Robbery, Theft, Burglary, Rape, Assault and Motor Vehicle Theft) during the month of March 2022. During the same time last year, there were 8 Part I Crimes investigated.

During the month of March 2022, Officers made 11 arrests. During the same time last year, there were a total of 7 arrests.

Calls for Service
The Department responded to 485 calls for service in March 2022. There were 61 crime, accident, and information reports taken during the month.

Animal Control
During the month of March 2022, the Department provided the following services:

Animal
Control
Trapped/Stray Dead Injured Bite Cases Returned to
Owner
Transported
to the SPCA
Cats 0 0 0 0 0 0
Dogs 1 0 0 0 1 0
Total 1 0 0 0 1 0
Significant Cases
AGENDA
ITEM
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Although the Police Department responded to 485 calls for service during the month of March 2022, the most significant cases involved 11 Part I crimes. 0-Homicide, 1-Rape, 0-Robbery, 3-Assault, 1-Burglary, 4-Larcenies, and 2-Stolen Motor Vehicle Thefts.

Training
Officers worked on ongoing web-based training offered by the Police Officer Standards and Training (P.O.S.T.) online training Portal. The Department continues to conduct in-house training during briefings.

On March 23-24, Andrea Casillas attended a virtual 16-hour POST required, Californian Law Enforcement Telecommunications System (C.L.E.T.S.) Train the Trainer Certification course.

On March 15, 2022, Rene and I attended Workers Comp. course at Culver City.

Other
On March 7th, Sergeant Juan Mendoza was appointed as the Department’s new Captain.

On March 11 Ulyses Fierros graduated from the Police Academy hosted by South Bay Regional Public Safety Training. Officer Fierros was sworn in as the newest member of the Gonzales Police Department on March 21, 2022.

Department Staff attended the memorial Service for Fallen Salinas Police Officer Alvarado on March 10, 2022.

Staff attended a luncheon with Blue Zones on March 22, 2022, at the Police Department.

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City of Gonzales

PUBLIC WORKS / CITY ENGINEER DEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: April 18, 2022
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: René L. Mendez, City Manager
SUBJECT: Public Works Activity Report

BUILDING PROJECTS

1. Community Center Complex Project – Group 4 Architects submitted the final “Design Criteria” documents on April 7, 2022. The Design Criteria package is comprised of 98 drawings, a Program Summary and Systems Criteria Narratives, and Technical Specifications. These materials will be used in the Request for Proposals to the three shortlisted Design/Build teams. City staff and Swinerton Consulting submitted a grant application for EV vehicle charging stations on March 11, 2022 and submitted a grant application for funding related to the library on March 18,2022.

2. Emergency Generator Replacements – At the February 7th City Council meeting, a $175,000 contract with Alltech Services was approved to replace the emergency generators at City Hall, Police Station, and the California Breeze Sewer Lift station. The contract has been executed, a kick-off meeting was held on March 2, 2022 and the three generators have been ordered.

WASTEWATER PROJECTS
Industrial Wastewater (IW) System/Reclamation Plant – Dudek is wrapping up the final design for the IW Conveyance and Treatment Facility contracts. Staff and the city surveyor are finalizing the temporary and permanent easements needed for the project. On March 30, 2022 staff met with the Project Manager with the SWRCB State Revolving Fund loan and discussed their review of the City’s application.

WATER PROJECTS
AGENDA
ITEM
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1. Equip Well 7 Project – On April 7, 2022, we received the permit to operate the well from the State Drinking Water Division staff. Final step to operate the well is completing the electronic and remote controls.

2. Alpine Court Water/Sewer Service – Grant agreements with the State Water Resource Control Board (SWRCB) to fund the preliminary and final design of extending water and sewer service from Gonzales River Road to Alpine Camp were approved at the 7/06/20 City Council meeting. On 7/22/2021 Schaaf & Wheeler submitted a draft preliminary design report. On 12/14/2021, Schaaf & Wheeler submitted the 60% plans, specifications, and cost estimate for our review. Staff is holding bi-weekly progress meeting with SWRCB staff.

ROADWAY PROJECTS

1. Slurry Seal Contract – MNS Engineers provided draft construction documents for this contract for review by city staff. Staff will bid the contract this month with the work to begin June 2022.

2. Gonzales River Road Bridge Rehabilitation (Monterey County) – On 12/03/2021, Staff issued a letter of comments to County staff on the draft Initial Study/Mitigated Neg Dec for County consideration.

Staff requested a meeting with County staff and the Consultant Design Manager to discuss our concerns with the 18-month closure of the bridge while construction takes place.

3. Ten street trees were replaced on the south side of Fifth Street between Belden St. and Alta Minor.

DEVELOPMENT PROJECTS

1. Vista Lucia Development (City’s Sphere of Influence - East of US 101) a. City staff reviewed the Admin Draft #1 and Admin Draft #2 of the SEIR and provided comments to the Community Development Director.

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b. City staff is holding monthly Zoom meetings with Pembrook Development and their consultants regarding their development project.
c. Psomas developed a capital program of improvements to convey sewage from the SOI to the City WWTP for treatment and provided the draft technical memo in Mid-November for staff’s review d. Staff and our on-call traffic engineer meet with Caltrans District 5 staff on 6/10/2021 to discuss the process of a Project Study Report/Project Development Support (PSR-PDS). Staff will issue a Request for Proposals to engage a transportation engineer to prepare the PSR-PDS documents. e. On 3/28/2022, Staff will meet with Monterey County PW staff to discuss the applicant’s preliminary offsite roadway design.

2. Puente Del Monte Development (City’s Sphere of Influence - East of US 101) – The applicant submitted a revised Specific Plan on 4/05/2022 for City’s review.

OTHER PROJECTS

1. Skate Park Improvements – Phase two of improvements to the skate park will be funded by the 2018 Parks Bond Act. On 3/03/2022, staff received the executed grant agreement with the State Department of Parks and Recreation. American Ramp Company will provide a revised scope for the improvements due to an increase in costs over the last year.

2. GIS – City staff continues to work on a GIS mapping system by inputting field data for water, sewer and storm drainage systems. Our water and wastewater consultants are using the GIS to develop capital improvement projects to serve the proposed development projects in the SOI. We hold monthly coordination meetings with a GIS Consultant.

3. FEMA Flood Map Updates – Over the last year, FEMA and their consultants have been remapping seven watersheds in the Gabilan Mountains in the vicinity of South Salinas, Chualar, Gonzales and Soledad to update their Flood Maps. In July 2020 City staff engaged Schaaf & Wheeler to review the mapping and drainage data collected. Preliminary flood insurance maps were released for public review on 10/21/2021. At the 12/06/2021 City Council Meeting, City staff made a follow-up presentation on this project along with a letter to be sent to FEMA with our comments and questions on their mapping effort.

4. City Construction Standards – As approved at the 8/16/2021 City Council meeting, MNS Engineers is preparing new construction standards. MNS submitted draft standards for city staff review on 1/31/2022.

5. Microgrid Project – Staff has been coordinating with Concentric Power staff on various elements of the project design including participating in biweekly coordination meetings. At the 7/19/2021 City Council meeting, a contract for Program Management services was approved with Sage Energy. A kick-off meeting was held on 8/11/2021 and we hold bi-weekly progress meetings with Sage Energy staff.

6. PW Intern – Since mid-August 2021, Briana Medvecki, a second-year student at Hartnell College has worked as a part-time intern. She updates the city’s GIS system and helps Public Works staff with some of their efforts. Briana created several videos highlighting public works activities:
https://www.facebook.com/CityofGonzalesCalifornia/videos/382983366869328 https://www.facebook.com/CityofGonzalesCalifornia/videos/675047286982212 Packet Pg. 19

PUBLIC WORKS OPERATIONS AND MAINTENANCE

WASTEWATER
Andrew is performing routine testing at the Waste Water Treatment Plant.

Staff continues regular maintenance and daily testing at the treatment plant. Staff has been performing additional testing at the Industrial facilities, in preparation for pre-treatment program.

Staff participates in weed control and rodent control.

WATER
Pictured above are Jimmy and Andrew repairing a residential corp. stop at the meter.

Staff continues to monitor water distribution system for proper chlorination. Staff responded to two-meter issues this month. Staff replaced and repaired corp. stops and meters, including concrete repair.

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Staff has been completing final testing of Well 7 in preparation of startup. The city received the Well 7 permit in early April. Final preparations are in the works and the well should be online by the end of April.

Staff is working on repairs at the pool in anticipation of opening in June. Staff will be lowering the pool next week to replace some interior lighting and do some repairs to the heater and fill transducers. Then a good cleaning will be in order.

Roberto is pictured replacing curb and concrete after a meter repair.

STORM WATER
Staff completed outfall inspections after the rain in early March. Staff continues to monitor inspections, post construction requirements, and needed documentation for the annual stormwater report. The city has not had any illicit discharges this month.

PARKS → CANYON CREEK & MEYER PARKS
For all of our City parks, Public Works Staff is actively fixing water valves and sprinklers. Weekly mowing and weed eating keeps occurring.

Crew has removed shrubbery from outside fence line for rodent control.

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GOVERNMENT BUILDING
Staff continues to do weekly maintenance of all City buildings. Staff is currently giving the conference room at City Hall a facelift.

STREETS
David is beautifying downtown Gonzales by removing weeds from flower beds in our downtown area.

This is right in front of City Hall on Fourth St.

Public Works crewmember Martin Espinoza is patching potholes on throughout Gonzales. Pictured is Rincon Road.

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After patching Rincon Road, Martin and David are repainting stop bars.

EVENTS
The cities Car Show and Shine event on April 2 was an event to remember.

Public works participated in planning, road closures and any help need to support the community development director and the rec department. We all enjoyed being a part of the anniversary celebration.

Below are a couple of pictures taken of the Show and Shine event.

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PLANNING
Public Works Director and City Engineer continue to work on the Capital Improvement Project Plan, the Pavement Management Plan, and the needed upgrades to the Wastewater Treatment Plant, and the Community Center.

TRAINING
Staff continues to participate in water webinars to increase their knowledge. Staff has a Fight Flood training in conjunction with Fire Dept. in April. There is also a scheduled flagger refresher scheduled with the South County Public Works Group.

INTERNSHIP
Birana Medvecki continues to work on GIS. She’s been busy creating exhibits for Public Works and continues working on the water and sewer maps.

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City of Gonzales

PARKS & RECREATIONDEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: April 18, 2022
FROM: Carmen Gil, Community Engagement & Strat. Partnership Dir.

THROUGH: René L. Mendez, City Manager
SUBJECT: Recreation Department Activity Report
Current Activities

1. Our Kid Power Program continues to run smoothly. In March we had 48 children enrolled in the program. They are currently learning about Spring and are getting a chance to finally enjoy the nice weather.

2. The Kid Power team supported the Children’s Zone at the 75th Anniversary Car Show celebration.

The children really enjoyed the activities and had a blast on the inflatables.

3. Mini T-Ball is running smoothly. T-Ball runs through the end of April. Registrations was very successful. Slots were filled before the start of the season. There are four teams and 40 kids playing ages 2.5 to 4. There are 9 volunteers consisting of 4 head coaches, 2 assistant coaches and 2 team parents. At the end of the season each participant will receive a medal and a certificate of participation.

4. Our South County Girls Softball League is also up and running. Our league will run from March 12th through the end of May. Gonzales was able to obtain one team in the 14U division. The team consist of 12 girls, ages 11-14 and 3 coaches. We will be competing against King City and Soledad. We were gifted a Team Sponsor from Salinas Valley Solid Waste Authority. Their generous contribution helped cover a visit to the Salinas Strom Batting cages which the girls very much enjoyed. The donation also helped to cover the cost of team sweaters.

5. The Recreation Department also opened a softball clinic for girls ages 5-14 who were not ready for league play but wanted to learn the fundamentals of softball and get in some practice. The clinic will run for 7 weeks. From March 28th through May 11th. Practices are two days a week. The clinic consists of 12 participants. Five girls are ages 5-7 and the other 7 girls are ages 8-14. We have 3 AGENDA
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volunteer coaches. Each participant has received a team jersey and at the end of the season, they will receive a certificate of participation.

Activities in Planning

1. Kid Power staff is now beginning to plan for the summer activities and summer camp.

2. Recreation staff is also beginning to prepare for summer sports, open gym and the opening of the pool.

3. Recreation staff is also helping to plan for the City’s 75th Year Anniversary Car Show. There seems to be a lot of interest from the public.

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City of Gonzales

CITY MANAGER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: April 18, 2022
FROM: Rene Mendez, City Manager
SUBJECT: Reimbursement Agreement with Rianda Family Limited Partnership

RECOMMENDATION
Staff Recommends Approval of, and the City Manager be Authorized, to Sign a Reimbursement Agreement Between the City of Gonzales and Rianda Family Limited Partnership.

BACKGROUND
A few months ago, Rianda Family Limited Partnership approached the City about the possibility of annexing a portion of their property that is within the City Sphere of Influence (SOI) for the development of an agricultural cooler facility, in addition to processing the discretionary permit application.

REVIEW AND ANALYSIS
This Reimbursement Agreement (which is attached), presented its standard for the City for these types of projects to undertake all the necessary work, studies and processes that will be needed. It has been reviewed by the City Attorney who helped make sure it was appropriate, and it has been signed by the representatives of the Rianda Family Limited Partnership.

If approved, the agreement provides the mechanism for the City to get reimbursed for everything that will need to be done for this project to be processed. Specifically, as identified under section 1 of the agreement, they will reimburse the City for all the costs to:
(a) Review and submission of Annexation application to LAFCO and Project applications, plans and specifications;
(b) Prepare the reports and documents for use by the CITY, or for the Annexation submission to LAFCO, any agreements with the County of Monterey, or other entities with jurisdiction over the Project development or Property, and the processing of development applications; AGENDA
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(c) Undertake the public noticing including required publications in newspapers; (d) Use of outside consultants when deemed necessary by CITY for the preparation of specialized Annexation and Project-related studies and reports, staff reports and/or general assistance. Notwithstanding the foregoing, prior to the CITY retaining the services of outside consultants for the purpose of preparing specialized Annexation or Project-related studies and reports, CITY shall provide RIANDA with an itemized written proposal from the outside consultant which includes the proposed cost to perform the services identified therein.

RIANDA shall have the right to review and comment upon all such proposals, and CITY shall take such comments into consideration before entering into any agreement for the desired service; and
(e) Work with RIANDA, and his Agents, to do all things reasonable and necessary to facilitate and obtain all required permits and governmental approvals necessary for RIANDA to commence construction and development of the Project on the RIANDA Property under the timelines set forth on EXHIBIT A, in accordance with the Project plans, and RIANDA requirements for wastewater capacity.

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, reimbursement agreements support the Vision because they allow the City to process important development projects that would bring the 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.

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

ALTERNATIVES
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Your Council could opt not to approve the agreement or provide other direction accordingly.

FISCAL IMPACT
There is no budget impact associated with the Reimbursement Agreement. The costs to the City to process this project are unknown at this time, but the agreement calls for an initial $100,000 with a deposit of $25,000, which has been provided and allows for increasing the amount that will be needed if necessary and appropriate.

CONCLUSION
Staff Recommends Approval of, and the City Manager be Authorized, to Sign a Reimbursement Agreement Between the City of Gonzales and Rianda Family Limited Partnership.

Attachments:

1. Agreement
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Attachment: Agreement (2389 : Reimbursement Agreement with Rianda Family) City of Gonzales

CITY ATTORNEY

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: April 18, 2022
FROM: Michael Rodriquez, City Attorney
THROUGH: René L. Mendez, City Manager
SUBJECT: Ordinance No. 2022-131, an Ordinance Approving Gonzales Police Department Policy Manual, Policy 709-Military Equipment

RECOMMENDATION
• Receive staff report and presentation.
• Questions to Staff.
• Open the item to comments/questions from the public.
• Consider introduction, waive reading and read by title only Ordinance No. 2022-131, An Ordinance of the City Council of the City of Gonzales Approving Gonzales Police Department Policy Manual Policy 709-Military Equipment

BACKGROUND
On September 30, 2021, Governor Gavin Newsom signed California Assembly Bill 481 (AB 481) into law. AB 481 adds new Sections 7070 et seq. to the Government Code requiring a law enforcement agency to obtain the approval of its governing body, through the adoption by ordinance of a Military Equipment Use Policy, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The new provisions allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. AB 481 requires the governing body to annually review the policy by ordinance and to either disapprove a renewal of the authorization for a type of military equipment or amend the military equipment use policy if it determines, based on an Annual Military Equipment Report prepared by the law enforcement agency, that the military equipment does not comply with established standards for approval.

California Government Code Section 7070 provides a list the of types of equipment that are to be considered “Military Equipment” for purposes of compliance with AB 481. While the Gonzales Police AGENDA
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Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use, it does possess some types of equipment that are listed in Section 7070. Additionally, the Gonzales Police Department participates in regional law enforcement activities, which result in cooperative efforts with other Departments that possess and utilize additional types of equipment that qualify as “Military Equipment” according to the Government Code.

REVIEW AND ANALYSIS
As noted above, AB 481 requires law enforcement agencies to obtain the approval of their governing bodies, by adoption by ordinance of a “Military Equipment Use Policy,” prior to taking certain actions relating to the funding, acquisition, or use of military equipment. AB 481 also requires approval for the continued use of military equipment acquired prior to January 1, 2020. At a minimum, the policy must address the following:

1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions;

2. The purpose and authorized uses for which the law enforcement agency proposes to use each type of military equipment;

3. The fiscal impact of each type of military equipment, including initial acquisition and maintenance costs;

4. The legal and procedural rules that govern each authorized use;

5. The training that must be completed before each type of military equipment can be used in order to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties;

6. The means to ensure compliance with the military equipment use policy; and

7. The procedures by which members of the public may register complaints or concerns or submit questions about the use of specific types of military equipment, and how such complaints and questions will be responded to and/or answered.

Like many other police departments in the State of California and throughout the United States, the Gonzales Police Department utilizes the services of Lexipol LLC for the preparation of its policy manuals, training bulletins and consulting services. Such services are provided on a subscription basis.

Lexipol has provided its member entities with a “Policy-Military Equipment” that is in compliance with the provisions of AB 481. The Department has reviewed the Policy and believes it should be accepted and approved, with some minor variations to reflect local facts and circumstances. (These changes will not affect compliance with the new law.) Staff is now recommending that the City Council review and introduce an ordinance approving Gonzales Police Department Policy Manual Policy 709-Military Equipment. Use of an ordinance for policy adoption, as opposed to a resolution, is mandated by AB 481 as a means of creating a better public forum to discuss the acquisition and use of military equipment.

California Government Code Section 7071(b) requires that the Police Department post its proposed Military Equipment Use Policy to its website at least 30 days prior to any public hearing before the City Council concerning the policy. The Gonzales Police Department does not maintain its own website, but the Department will comply with this requirement by posting the policy being proposed this evening on the City website immediately after this evening’s meeting. The ordinance will thereafter be brought back to the City Council for consideration of adoption at least 30 days after posting at a noticed public hearing.

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California Government Code Section 7071(d) stipulates that the City Council shall only approve the Military Equipment Use Policy if it determines all of the following:

1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed Military Equipment Use Policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Once the Policy has been adopted, California Government Code Section 7070(e) establishes that the Police Department is responsible for delivering to the City Council an Annual Military Equipment Report, which the City Council can use to confirm compliance with the Military Equipment Use Policy.

As noted earlier, the Gonzales Police Department has not obtained any equipment from military surplus programs, known as 1033 Programs; does not possess any tactical equipment that it has obtained from the military; and it does not possess any equipment that was designed specifically for military use.

That being said, California Government Code Section 7070 provides a list of sixteen (16) types of equipment that are to be considered “Military Equipment” for the purpose of compliance with AB 481 and the associated California Government Codes (incorporated into Policy Section 706.1.1), and the Police Department does possess and use some of these listed types of equipment.

Equipment types that the Police Department possesses are noted in bold type.

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

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8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. a. The Police Department possesses 9 semi-automatic rifles. All of these rifles are standard-issue duty weapons for all Peace Officers, which actually exempts them from this policy per California Government Code Section 7070(c)(10). We have nonetheless included them in this policy in the interests of full transparency. Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: situations where the officer reasonably anticipates an armed encounter; when an officer is faced with a situation that may require accurate and effective fire at long range; situations where an officer reasonably expects the need to meet or exceed a suspect's firepower; When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage; when an officer reasonably believes that a suspect may be wearing body armor; when authorized or requested by a supervisor. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons. a. The Police Department possesses three (3) 38mm Less Lethal Projectile Launchers. The 38mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), “Military Equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

Additionally, the Gonzales Police Department receives mutual aid from the Salinas Police Department and the Monterey County Sheriff’s Department. Military equipment used by these Departments in providing mutual aid to the City shall comply with their respective military equipment use policies. The City will provide cross-references to the Military Equipment Use Policies of such jurisdictions on the City webpage.

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Pursuant to California Government Code Section 7070(d)(7), the proposed Military Equipment Use Policy also provides the avenues through which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in the policy.

These means include:

1. Via email to: [email protected]

2. Via phone call to: Captain Mendoza 831-675-5010

3. Via mail sent to: Gonzales Police Department
Attn: Military Equipment Use Coordinator
109 4th Street
Gonzales, CA 93926

ALTERNATIVES
Request additional information before introducing the Ordinance and/or adopting the Policy. This option is not recommended as adoption of the Military Equipment Policy is time sensitive. The City needs to at least have initiated the process for the adoption of such a policy by no later than May 1, 2022. This item will not appear for second reading and consideration of adoption for at least thirty days from this evening’s meeting, which should give the Council ample time to review the policy and direct any questions or concerns to Staff.

BUDGET IMPACT
None.

CONCLUSION
Staff recommends that City Council waive first reading and introduce Ordinance No. 2022-131 regarding adoption of Gonzales Police Department Policy Manual, Policy 709- Military Equipment in accordance with state law.

Attachments:

1. Text of California AB 481

2. Military Equipment Policy
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Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel
’
s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.

Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing 92 Packet Pg. 42
Attachment: Text of California AB 481 (2386 : Ordinance No. 2022-131 Military Equipment Policy) additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:
(a)  The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b)  The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment.
(c)  Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
92 Ch. 406 — 2 —
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Attachment: Text of California AB 481 (2386 : Ordinance No. 2022-131 Military Equipment Policy) (d)  Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e)  The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

Chapter 12.8. Funding, Acquisition, and Use of Military Equipment
7070. For purposes of this chapter, the following definitions shall apply:
(a)  “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b)  “Law enforcement agency” means any of the following:
(1)  A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2)  A sheriff’s department.
(3)  A district attorney’s office.
(4)  A county probation department.
(c)  “Military equipment” means the following:
(1)  Unmanned, remotely piloted, powered aerial or ground vehicles. (2)  Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3)  High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4)  Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5)  Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6)  Weaponized aircraft, vessels, or vehicles of any kind. (7)  Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, 92 — 3 — Ch. 406
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Attachment: Text of California AB 481 (2386 : Ordinance No. 2022-131 Military Equipment Policy) or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8)  Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9)  Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10)  Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11)  Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12)  “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13)  Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14)  The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15)  Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16)  Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d)  “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1)  A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2)  The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3)  The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4)  The legal and procedural rules that govern each authorized use. (5)  The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6)  The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 Ch. 406 — 4 —
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gally enforceable sanctions are put in
place for violations of the policy.
(7)  For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e)  “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f)  “Type” means each item that shares the same manufacturer model number.
7071. (a)  (1)  A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A)  Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B)  Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C)  Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(D)  Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E)  Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F)  Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G)  Acquiring military equipment through any means not provided by this paragraph.
(2)  No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 — 5 — Ch. 406
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(b)  In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c)  The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(d)  (1)  The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A)  The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B)  The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C)  If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D)  Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2)  In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e)  (1)  The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2)  The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 Ch. 406 — 6 —
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(f)  Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
7072. (a)  A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1)  A summary of how the military equipment was used and the purpose of its use.
(2)  A summary of any complaints or concerns received concerning the military equipment.
(3)  The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4)  The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5)  The quantity possessed for each type of military equipment. (6)  If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b)  Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a)  A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1)  Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2)  Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3)  Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
92 — 7 — Ch. 406
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Attachment: Text of California AB 481 (2386 : Ordinance No. 2022-131 Military Equipment Policy) (4)  Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5)  Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6)  Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7)  Acquiring military equipment through any means not provided by this subdivision.
(b)  No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
(c)  A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1)  Publish the military equipment use policy on the agency’s internet website.
(2)  Provide a copy of the military equipment use policy to the Governor or the Governor’s designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 Ch. 406 — 8 —
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O
92 — 9 — Ch. 406
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Policy Manual
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Military Equipment
709.1 PURPOSE AND SCOPE
The Gonzales Police Department does not participate in the 1033 Program and has not obtained any military equipment from the military, nor does it possess any equipment that was designed for military use. However, California Government Code § 7071(b) requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing body for approval.

The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of “military equipment” (Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy is provided to fulfill the obligations set forth in Assembly Bill 481. These obligations include but are not limited to seeking approval on specific items deemed to be military equipment and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items.
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – any of a wide variety of items as defined by California Government Code section 7070, subsections (c)(1) through (c)(16) listed below:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of a wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handled arm ram designed to be operated by one person, are specifically excluded from this subdivision.

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8. Firearms and ammunition of 50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of 50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than 50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue weapons and ammunition of less than 50 caliber that are issued to officers, agents, or employees of a law enforcement agency or state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard service-issued handheld pepper spray.

13. TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).

14. Projectile launch platforms and their associated munitions: 40 mm projectile launchers, “bean bag,” rubber bullet, and specialty impact (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

The bold items above are the current recognized specialized “military equipment” purchased and used by the Gonzales Police Department.
709.2 POLICY REQUIREMENTS
California Government Code § 7070(d) describes a Military Use Equipment as a publicly released, written document that includes, at a minimum the following:

1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.

3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

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5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.

6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. 709.3 POLICY
It is the policy of the Gonzales Police Department that members of this department comply with the provisions of Government Code §7071 with respect to military equipment. It is also the policy of the Gonzales Police Department that there are legally enforceable safeguards, including transparency, oversight and accountability measures in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.

The acquisitions of military equipment and its deployment in our communities may impact the public’s safety and welfare. The public has a right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
709.4 MILITARY EQUIPMENT COORDINATOR
The Chief of Police has designated the Police Captain as the Commander to serve as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:

1. Acting as liaison to the City Council for matters related to the requirements of this policy.

2. Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.

3. Conducting an inventory of all military equipment at least annually.

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4. Collaborating with any allied agency that may use military equipment within the jurisdiction of the Gonzales Police Department (Government Code § 7071).

5. Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

6. Publicizing the details of the meeting.

7. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.

8. Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).

9. Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 709.5 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying “military equipment” for the Department see attached:

Military Equipment List
Current
Desired (none at this time.)
Other Jurisdictions (Department will provide cross-references to other Policies.) 709.6 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code § 7071):

1. Requesting military equipment made available pursuant to 10 USC § 2576a.

2. Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

3. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.

4. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department.

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5. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.

6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.

7. Acquiring military equipment through any means not provided above. 709.7 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.
709.8 ANNUAL REPORT
The Chief of Police or the authorized designee shall submit a military equipment report to the City Council for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). The Chief of Police or the authorized designee shall also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use.

The report shall include the following information for the immediately preceding calendar year as required by Government Code § 7072 for each type of military equipment in department inventory.

1. A summary of how the military equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of military equipment.

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

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709.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
709.10 COMPLIANCE
The Gonzales Police Department is committed to responding to complaints, concerns, and questions received in a timely manner. Members of the public wishing to make a complaint, ask a question or express a concern can do so by any of the following means:

1. Via email to: [email protected]

2. Via phone call to: Captain Mendoza 831-675-5010

3. Via mail sent to: Gonzales Police Department, 109 4th Street, Gonzales, CA 93926

4. Via in person by responding to the above address
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Attachments
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Military Equipment List
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March 2022
Less Lethal Weapon
Type less lethal tear/flare Launcher
Description Federal Laboratory Gas Riot Gun Model 203-A. Length 27”, Caliber 1.5 38MM, weight 8 LBS Quantity 3
Capabilities Will launch a 38mm (1.05”) less lethal Tear/Flare projectiles up to 150 yards.

Expected
lifespan
15 years
Manufacturer's
description
A 38 MM Model 203-A compact single-shot break open tear/flare launcher. It has a 12-inch smooth bore barrel.

Purpose and
authorized uses
To compel an individual to cease his/her actions when such less lethal weapon presents a reasonable option. A verbal warning of the intended use of the device should precede its application.

Fiscal impact $300 (each)
Legal and
procedural rules
Refer to policy 300 (Use of Force)
Required
training
Sworn members utilizing the 38mm less lethal launcher are to be trained in their use by CA POST certified less lethal instructors.

Compliance
mechanisms
Use is subject to the applicable policies (300 Use of Force) Packet Pg. 59
Attachment: Military Equipment Policy (2386 : Ordinance No. 2022-131 Military Equipment Policy) Military Equipment List
March 2022
Lethal Weapon
Type Semi-Auto Patrol Rifle
Description Colt M4 LE6940, Semi-Auto rifle, black in color, with plastic handguard, and adjustable stock.

Quantity 5
Capabilities A rifle that fires an intermediate-power cartridge (.223/5.56) which is more powerful than a standard pistol.

Expected
lifespan
10 years
Manufacturer's
description
The Colt M4 Carbine is a Gas Operated Semi-Auto rifle, chambered in 223 Remington/5.56 NATO. The M4 Carbine features a 16.1" barrel and Reversible safety selector and has an overall expanded length of 35.5". The M4 Carbine utilizes a 4-position collapsible stock.

Purpose and
authorized uses
The Colt M4 Carbine enables officers when in compliance with the GZPD's Use of Force Policy, to address short to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow officers precision shot placement minimizing the risk to officers and innocent citizens. There are no known alternatives to these weapons that will provide the same level of distance and precision.

Fiscal impact $1,100 (each)
Legal and
procedural rules
Refer to policy 300 Use of Force
Required
training
Sworn members utilizing the Colt M4 Carbine are trained in their use by CA POST certified firearms instructors.

Compliance
mechanisms
Use is subject to the applicable Policy 300 (Use of Force) Packet Pg. 60
Attachment: Military Equipment Policy (2386 : Ordinance No. 2022-131 Military Equipment Policy) Military Equipment List
March 2022
Lethal Weapon
Type Semi-Auto Patrol Rifle
Description Colt M4 LE6920, Semi-Auto rifle, black in color, with plastic handguard, and adjustable stock.

Quantity 4
Capabilities A rifle that fires an intermediate-power cartridge (.223/5.56) which is more powerful than a standard pistol.

Expected
lifespan
10 years
Manufacturer's
description
The Colt M4 Carbine is a Gas Operated Semi-Auto rifle, chambered in 223 Remington/5.56 NATO. The M4 Carbine features a 16.1" barrel and Reversible safety selector and has an overall expanded length of 35.5". The M4 Carbine utilizes a 4-position collapsible stock and A2 flash hider.

Purpose and
authorized uses
The Colt M4 Carbine enables officers when in compliance with the GZPD's Use of Force Policy, to address short to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow officers precision shot placement minimizing the risk to officers and innocent citizens. There are no known alternatives to these weapons that will provide the same level of distance and precision.

Fiscal impact $1,100 (each)
Legal and
procedural rules
Refer to policy 300 (Use of Force)
Required
training
Sworn members utilizing the Colt M4 Carbine are trained in their use by CA POST certified firearms instructors.

Compliance
mechanisms
Use is subject to the applicable policies (300 Use of Force) Packet Pg. 61
Attachment: Military Equipment Policy (2386 : Ordinance No. 2022-131 Military Equipment Policy) Military Equipment List
March 2022
Lethal Ammunition
Type Winchester Ranger Law Enforcement Ammunition .223 Caliber 55 grain pointed soft point rifle round Description Lead Soft Point, Imitates rapid expansion for massive energy deposit. The thin wall jacket reduces engraving forces for improved accuracy. Lead Core designed for maximum fragmentation. Crimped Primer improves functionality and reliability.

Quantity 7,040
Capabilities Operational range 0-300 yards
Expected
lifespan
10 years
Manufacturer's
description
Founded in 1866, Winchester is known as one of the worlds most recognized and respected ammunition brands. Winchester began offering its quality product in 1873 and has been providing the citizens and military of the United States with the same standard of quality ever since.

Winchester Ammunition offers ammo for all occasions- hunting, shooting, and protection. To maintain a high level of innovation across products, Winchester Ammunition is constantly manufacturing newly designed ammo to meet their customer’s needs.

Winchester Ammunition prides itself upon commitment and high-quality products. Along with producing high quality ammunition, Winchester Ammunition truly cares about the shooting sports heritage and is a leader for hunting conservation and education.

Purpose and
authorized uses
To project a force against a selected target to have an effect and stop the threat when other reasonable options are not viable. A verbal warning should precede its application.

Fiscal impact $550 per case of 1000
Legal and
procedural rules
Refer to policies 300 (Use of Force)
Required
training
Sworn members utilizing Winchester ammunition are trained in their use by CA POST certified instructors.

Compliance
mechanisms
Use is subject to applicable policy (300 Use of Force)
Packet Pg. 62
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Attachment: PC Letter of Interest (2390 : Appointment to the Planning Commission) AGENDA
ITEM
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