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Agenda packet

Gonzales City Council
December 5, 2022

Document
Agenda packet
Meeting
December 5, 2022
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Gonzales City Council
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17
Original file
15.3 MB
Text extracted from the city's file for reading and search. Open the original on gonzalesca.iqm2.com. That file is the official record.

RESOLUTION NO. 2022-92

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

DECLARING CANVASS OF RETURNS AND RESULTS OF THE CONSOLIDATED GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022
WHEREAS, the City Council of the City of Gonzales adopted Resolution No. 2022-58 on August 1, 2022, requesting consolidation of the general municipal election, and consideration of the Gonzales Quality of Life Temporary Tax Measure extension (“Measure P”), to be held in said City on November 8, 2022; and
WHEREAS, the General Municipal Election was held on Tuesday, November 8, 2022, in accordance with law, and the votes cast were received, canvassed, and the returns ascertained, determined, and declared in all respects as required by law; and WHEREAS, the “Statement of Votes Cast” in the November 8, 2022 election, prepared by the Monterey County Elections Department, was delivered to the City Clerk on December 1, 2022, and is attached as Attachment A.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gonzales that:

1. The total number of ballots cast in the City of Gonzales at its Consolidated General Municipal Election was 1356.

2. The ballot measure that appeared and was printed upon the ballots used at said election was as follows:

Measure P: “Gonzales Enhanced Quality of Life Temporary Tax Extension Measure. Shall a measure to extend the term of the existing 1.0% Gonzales Temporary Transactions and Use Tax by twenty years, from 2044 to 2064, subject to continued independent audit and citizen’s advisory committee review, with all funds dedicated exclusively to Gonzales programs, projects and initiatives, and that will generate an estimated $1,500,000 annually, be adopted?” Votes cast: YES NO
602 728
As a result of this vote, Measure P did not pass.

3. The list of candidates nominated for the office of Council Member to be filled at the General Municipal Election, and the names of the candidates which were set forth in the petitions as required by law, and the number of votes cast in favor of each of the candidates are as follows:

Name of Candidate Position Votes Cast
Maria Orozco Council Member 688
Elizabeth Silva Council Member 718
Sean Schmidt Council Member 553
Lorraine Worthy Council Member 710
Packet Pg. 160 Attachment: Resol 2022-92 (2603 : Resolution No. 2022-92 Declaring Canvass of Election Results)

Page 2 of 2 ends

4. Maria Orozco, Elizabeth Silva, and Lorraine Worthy received the highest number of votes cast for the office of Council Member and were thereby elected Council Members for the full term of four (4) years.

5. The list of candidates nominated for the office of Mayor to be filled at the General Municipal Election, and the names of the candidates which were set forth in the petitions as required by law, and the number of votes cast in favor of each of the candidates are as follows:

Name of Candidate Position Votes Cast
Jose L. Rios Mayor 799
Alberto Jaramillo Mayor 487

6. Jose L. Rios was thereby elected Mayor for the term of two (2) years.

7. The City Clerk is hereby authorized to sign and deliver thereto a Certificate of Election and to administer thereto the Oath of Office prescribed in the Constitution of the State of California.

8. The City Clerk is hereby instructed to enter this Resolution in the official records of the City as a statement of the results of said Municipal Election.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 5
th day of December, 202022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Jose L. Rios, The Honorable Mayor
ATTEST:

I, the undersigned Deputy City Clerk, hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Gonzales, California, at a regular meeting thereof held on the 5
th
day of December, 2022, by the above-stated vote of the members thereof, a majority being present.

Dated: December 5, 2022

Mary Villegas, Deputy City Clerk
Packet Pg. 161 Attachment: Resol 2022-92 (2603 : Resolution No. 2022-92 Declaring Canvass of Election Results) Packet Pg. 162 Attachment: Election Results Certificate (2603 : Resolution No. 2022-92 Declaring Canvass of Election Results) Packet Pg. 163 Attachment: Election Results Certificate (2603 : Resolution No. 2022-92 Declaring Canvass of Election Results) Packet Pg. 164 Attachment: Election Results Certificate (2603 : Resolution No. 2022-92 Declaring Canvass of Election Results) Packet Pg. 165 Attachment: Election Results Certificate (2603 : Resolution No. 2022-92 Declaring Canvass of Election Results) Packet Pg. 166 Attachment: Election Results Certificate (2603 : Resolution No. 2022-92 Declaring Canvass of Election Results) Packet Pg. 167 Attachment: Election Results Certificate (2603 : Resolution No. 2022-92 Declaring Canvass of Election Results) Packet Pg. 168 Attachment: Election Results Certificate (2603 : Resolution No. 2022-92 Declaring Canvass of Election Results) Packet Pg. 169 Attachment: Election Results Certificate (2603 : Resolution No. 2022-92 Declaring Canvass of Election Results) Packet Pg. 170 Attachment: Election Results Certificate (2603 : Resolution No. 2022-92 Declaring Canvass of Election Results) Packet Pg. 171 Attachment: Election Results Certificate (2603 : Resolution No. 2022-92 Declaring Canvass of Election Results) Packet Pg. 172 Attachment: Election Results Certificate (2603 : Resolution No. 2022-92 Declaring Canvass of Election Results) Packet Pg. 173 Attachment: Election Results Certificate (2603 : Resolution No. 2022-92 Declaring Canvass of Election Results) Packet Pg. 174 Attachment: Election Results Certificate (2603 : Resolution No. 2022-92 Declaring Canvass of Election Results) Packet Pg. 175 Attachment: Election Results Certificate (2603 : Resolution No. 2022-92 Declaring Canvass of Election Results) Packet Pg. 176 Attachment: Election Results Certificate (2603 : Resolution No. 2022-92 Declaring Canvass of Election Results) Packet Pg. 177 Attachment: Election Results Certificate (2603 : Resolution No. 2022-92 Declaring Canvass of Election Results) AGENDA
ITEM
PROCLAMATION NO. 2022-05
WHEREAS, Paul Miller served as a Member of the City Council of the City of Gonzales from December 3rd 2018 to December 5th 2022 upon retiring from the City as Chief of Police where he spent 32 years; and
WHEREAS, Councilmember Paul Miller generously dedicated his time and provided selfless efforts as a City Council Member in continued service to the community of Gonzales and served in a dignified, faithful, impartial and professional manner, with the highest level of integrity, honesty, dignity, and accountability; and
WHEREAS, Councilmember Paul Miller, in his four years of service on the City Council, served and held leadership roles on numerous boards and commissions including the League of California Cities Monterey Bay Division, the Association of California Cities Allied with Public Safety, Monterey Salinas Transit (MST), the South of Salinas US 101 Traffic Safety Alliance, and a Board Member of the Housing Authority of Monterey County where he served as Chair and Vice Chair; and
WHEREAS, Councilmember Paul Miller, throughout his tenure not only served on many regional and countywide boards and commissions, but locally, he served and helped shepherd the work on the Gonzales Community Center Complex, the Gonzales Police Station, the Enhanced Infrastructure Financing District (EIFD), the initial work on the expansion of the Wastewater Treatment Plant, the renovation of Iverson-Gloria Road; and supported significant increase to the community’s access to health resources, which included the expansion of the Taylor Farms Family Health & Wellness Center; the establishment of the Gonzales Community Cares Program and the Gonzales Community Health Worker Program; and WHEREAS, under the leadership of Councilmember Paul Miller, the City of Gonzales successfully supported the community’s fight against the COVID-19 Pandemic by taking up unprecedented measures such as directly supporting the community with rental and utility assistance, food assistance, and other basic needs; as well as working to bring in vaccine clinics for the community, helping to get the City of Gonzales to a 100% vaccination rate, and putting the City at the forefront of the fight against COVID-19; and
WHEREAS, Councilmember Paul Miller’s strong advocacy on closing the Digital Divide supported the City’s implementation of the Broadband Strategy, which included partnering with TMobile to purchase 2,000 Hot Spots to provide a Free Internet solution for the community, which was critical and forward thinking during the COVID-19 pandemic, and the establishment of the South Salinas Valley Broadband Authority which will work to form a permanent solution to broadband access and will provide free to low cost internet services to the communities of Gonzales, Soledad, Greenfield, King, and the unincorporated surrounding areas; and Packet Pg. 178 Attachment: Proclamation No. 2022-05 (2602 : Proclamation No. 2022-05 Recognizing Paul Miller) 18 WHEREAS, Councilmember Paul Miller’s support for Housing, with a special emphasis on Affordable Housing, allowed for the purchase of 498 S. Alta St. and its conversion to Senior Housing through a partnership with affordable housing developer, CHISPA; and WHEREAS, Councilmember Paul Miller’s support and emphasis on building strong partnerships has allowed for the City to continue to build and nurture relationships with key institutions like Hartnell College, California State University-Monterey Bay, and Middlebury Institute of International Studies as well as with our Sister City of Tateposco, Cocula, Jalisco, México to which the City under Council Miller’s direction, donated MST buses to be used to transport students to and from school; and
WHEREAS, Councilmember Paul Miller’s foresight has allowed for the establishment of cooperative agreements and partnerships, on many programs and projects like the Joint Use Gymnasium, joint funding of a School Resource Officer and a Licensed Clinical Social Worker position along with support for Youth Leadership and Development and the Gonzales Youth Council; and
WHEREAS, during Councilmember Paul Miller’s tenure, the City received many awards and recognitions including, but not limited to: the Inaugural 2018 Champion for Children Award from the Monterey County Children’s Council; Clean Air Leader Award from the Monterey Bay Air Resources District; Helen Putnam Award from the League of California Cities for Excellence in City-Business Relations; 2019 Project of the Year Transportation – Under $5 million; 2019 Transportation Excellence Award from TAMC; and Helen Putnam Award for Excellence in Engaging Youth in City Government.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Gonzales hereby extends to Paul Miller its highest and humblest expression of thanks, gratitude and appreciation for serving the City faithfully and well, and offers its best wishes for good health, success, and prosperity for many years to come.

Jose L. Rios, Mayor
December 5, 2022
Packet Pg. 179 Attachment: Proclamation No. 2022-05 (2602 : Proclamation No. 2022-05 Recognizing Paul Miller) City of Gonzales

COMMUNITY DEVELOPMENT DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: December 5, 2022
FROM: Taven Kinison Brown, Community Development Director THROUGH: Carmen Gil, Interim City Manager
SUBJECT: Amendments to Title 11 of the Gonzales City Code, Titled “Building Regulations”

RECOMMENDATION
Staff recommends the City Council:
• Introduce, waive reading, and read by title only, Ordinance No. 2022-135, an Ordinance of the City Council of the City of Gonzales Amending Portions of Title 11 of the Gonzales City Code, Titled “Building Regulations” By Adoption And Referenced Amendments:
• 2022 California Administrative Code, Title 24, Part 1 • 2022 California Building Code, Title 24, Part 2, Volumes 1and 2, • 2022 California Residential Code, Title 24, Part 2.5, • 2022 California Electrical Code, Title 24, Part 3,
• 2022 California Mechanical Code, Title 24, Part 4,
• 2022 California Plumbing Code, Title 24, Part 5,
• 2022 California Energy Code, Title 24, Part 6,
• 2022 California Fire Code, Title 24, Part 9,
• 2022 California Green Building Standards Code, Title 24, Part 11, • 2022 California Referenced Standards Code, Title 24, Part 12, • 2021 International Property Maintenance Code,
• Small Residential Rooftop Solar Systems
• And deleting Chapter 11.48 of the City of Gonzales Code Titled “Deconstruction, Demolition, and Construction Material Recovery and Diversion from Landfills” • Accept public comments.

AGENDA
ITEM
20 Packet Pg. 180
• Set a Public Hearing to solicit public comments on Ordinance No. 2022-135 for January 17, 2023; and • Direct staff to file this ordinance with the State of California Building Standards Commission when adopted.

BACKGROUND
The City Council adopted Ordinance No. 2019-114 establishing the 2019 California Building codes as the City’s standards with local modifications in January of 2020. The California Building Standards Commission updates the State building codes every three years and published and adopted the 2022 California Building Standards Codes in July 2021 to take effect January 1, 2023. The 2022 California Building Standards Codes include the following twelve parts (codes):
• Part 1 – Administrative Code • Part 7 – Vacant
(formally CA Elevator Safety)
• Part 2 – Building Code Vol. 1 & 2 • Part 8 – Historical Code • Part 2.5 – Residential Code • Part 9 – Fire Code
• Part 3 – Electrical Code • Part 10 – Existing Building Code • Part 4 – Mechanical Code • Part 11 – Green Building Code • Part 5 – Plumbing Code • Part 12 – Referenced Standards Code • Part 6 – Energy Code
As with previous triennial updates to the State building codes, the changes to the 2022 State Building Codes are minor, except for changes to the Energy Code to increase energy efficiency, as these changes strive to meet State required carbon neutral goals. The following is a summary of the more substantive changes to the 2022 Building Codes:
• Inclusion of new Aging-in-Place Design and Fall Prevention Requirements have been written into the Residential Code through Senate Bill 1288 (Jackson). These requirements are meant to reduce impediments to internal mobility and increase safety in newly constructed residential units to allow extended residency for aging persons and potentially deferring having to move to assisted living facilities due to mobility issues.
• New residential dwellings must be “electrical ready” for alternatives to gas appliances for water heaters, space heating, cooking, and clothes dryers, etc. • New non-residential buildings must add photovoltaic (PV) and battery storage to be more self-sufficient.
• Building permits will be valid for one-year upon issuance. • Multi-family and hotel projects with less than 20 units must provide no less than 10% of the parking spaces as electrical vehicle EV “ready”. • Multi-family and hotel projects with more than 20 units must support EV charging.

REVIEW AND ANALYSIS
California Health and Safety Code, Section 18935, allows cities to enhance state codes that are based upon local conditions; including local climate, geology, and topography. All local amendments must be submitted to the California Building Standards Commission. Staff will submit any local amendments after the ordinance is adopted. The attached ordinance details the proposed amendments to the State codes, many of which are ministerial clean up and/or technical in nature. Staff recommends:
• Replacing outdated versions of the 1997 Housing, and 1997 Abatement of Dangerous Buildings Codes with the 2021 version of the International Property Maintenance Code. The International Property Maintenance Code provides Gonzales with property Packet Pg. 181
maintenance standards for residential and commercial uses, whereas the outdated versions were primarily residential provisions.
• Adoption of the 2022 version of the Building, Residential, Electrical, Mechanical, Plumbing, Energy, Fire, Green Building Standards and Referenced Standards Codes as modified in Ordinance No. 2022-135 and as periodically modified by the California Building Standards Commission.
• Staff recommends the deletion of Chapter 11.48 Deconstruction, Demolition, and Construction Material Recovery and Diversion from Landfills. With the adoption of the 2022 California Green Building Standards Code this separate chapter is no longer needed.

Staff has determined that the changes listed in Ordinance No. 2022-135 are consistent with State adopted codes, amended for Gonzales conditions and asks the City Council to adopt the ordinance.

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

Explanation: Adoption of the updated building codes will ensure Gonzales’ growth is constructed and maintained in a safe manner.

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.

Explanation: The quality of life in Gonzales is partially dependent on safe buildings constructed and maintained properly to keep residents safe and secure. Ordinance No. 2022- 135 is part of the resource commitment to keep Gonzales safe and allow staff to provide continued excellent services.

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

Explanation: The updated codes do not have any onerous effects but maintain safety above other concerns. Safety, housing, employment, and businesses are the focus in this effort.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing X Yes No N/A
• Recreation X Yes No N/A
• Environment X Yes No N/A
• Education X Yes No N/A
Packet Pg. 182

ALTERNATIVES
Alternative 1 - Introduce, waive reading, and read by title only, an Ordinance No. 2022-135, an Ordinance of the City Council of the City of Gonzales Amending Portions of Title 11 of the Gonzales City Code, Titled “Building Regulations” By Adoption And Referenced Amendments; or Alternative 2 - Gonzales could adopt the 2022 state codes as-is and without adopting the proposed local amendments to the state codes. This will result in the city of Gonzales being regulated by the state codes as adopted by the State of California; and as a result, reduce the current level of protection Gonzales has enjoyed over the years making our area safer than the minimum standards that work in areas not affected by our earthquakes, wind, flooding, and geology. Staff recommends against this option.

Alternative 3 - Gonzales could increase the level of building performance in the Energy and Green Building Standards Code. The proposed level is the minimum to impact local construction costs the least.

If the City Council wants to raise the level of requirements, staff can incorporate this change. Otherwise, staff recommends the minimum performance requirements.

BUDGET IMPACT
There is no budget impact caused by the adoption of the 2022 Codes as amended locally in Ordinance No. 2022-135.

PUBLIC INFORMATION
Staff is preparing a bi-lingual handout for the front lobby of City Hall informing the public of the updated California Codes and noting the areas of change. Computer links will also be included on the handout for persons to reference the codes in their entirety.

CONCLUSION
Staff recommends the City Council:
• Introduce, waive reading, and read by title only, Ordinance No. 2022-135, an Ordinance of the City Council of the City of Gonzales Amending Portions of Title 11 of the Gonzales City Code, Titled “Building Regulations” By Adoption And Referenced Amendments:
• 2022 California Administrative Code, Title 24, Part 1 • 2022 California Building Code, Title 24, Part 2, Volumes 1and 2, • 2022 California Residential Code, Title 24, Part 2.5, • 2022 California Electrical Code, Title 24, Part 3,
• 2022 California Mechanical Code, Title 24, Part 4,
• 2022 California Plumbing Code, Title 24, Part 5,
• 2022 California Energy Code, Title 24, Part 6,
• 2022 California Fire Code, Title 24, Part 9,
• 2022 California Green Building Standards Code, Title 24, Part 11, • 2022 California Referenced Standards Code, Title 24, Part 12, • 2021 International Property Maintenance Code,
• Small Residential Rooftop Solar Systems
• And deleting Chapter 11.48 of the City of Gonzales Code Titled “Deconstruction, Demolition, and Construction Material Recovery and Diversion from Landfills” • Accept public comments.

Packet Pg. 183
• Set a Public Hearing to solicit public comments on Ordinance No. 2022-135 for January 17, 2023; and • Direct staff to file this ordinance with the State of California Building Standards Commission when adopted.

Attachments:

1. Ordinance No. 2022-135

2. Proof of Publication
Packet Pg. 184

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ORDINANCE NO. 2022-135

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GONZALES AMENDING PORTIONS OF TITLE 11 OF THE GONZALES CITY CODE TITLED “BUILDING REGULATIONS” BY ADOPTION AND REFERENCED AMENDMENTS;
2022 California Administrative Code, Title 24, Part 1
2022 California Building Code, Title 24, Part 2, Volumes 1and 2, 2022 California Residential Code, Title 24, Part 2.5,
2022 California Electrical Code, Title 24, Part 3,
2022 California Mechanical Code, Title 24, Part 4,
2022 California Plumbing Code, Title 24, Part 5,
2022 California Energy Code, Title 24, Part 6,
2022 California Fire Code, Title 24, Part 9,
2022 California Green Building Standards Code, Title 24, Part 11, 2022 California Referenced Standards Code, Title 24, Part 12, 2021 International Property Maintenance Code;
And deleting Chapter 11.48 of the City of Gonzales Code Titled “Deconstruction, Demolition, and Construction Material Recovery and Diversion from Landfills” WHEREAS, pursuant to the authority provided by the California Health and Safety Code section 17958.5, amendment of the model codes referenced in this chapter are necessary to serve the public interest by reducing the risk to life and/or property of the citizens of Gonzales because of the following conditions:

The city of Gonzales is in a seismically active area. The city is near the San Andreas Fault, the longest and potentially most devastating earthquake fault in the state of California. The San Andreas Fault is potentially dangerous to areas which lie within fifty (50) to one hundred (100) miles of its trace. This fault lies a mere 14.6 miles to the northeast of Gonzales. Several active faults are located within the Gonzales planning area; the loosely consolidated nature of the underlying soils is likely to result in severe ground shaking and possible ground failure during strong earthquakes. Such factors also contribute to concerns regarding slope instability in the foothills and mountains surrounding the city. Seismic concerns require modifications to the uniform code provisions to ensure public safety and the integrity of existing and new structures.

Portions of the city are subject to flooding from the Salinas River and major stormwater flows from the northeast hillside area of the city. During the 1990s the city incurred damage from flooding on several separate occasions after heavy rainfall.

The city is subject to fire hazards. The abundance of natural grasses both to the east of the city limits and along the Salinas River basin, when paired with the strong prevailing winds common to this region of Monterey County, presents a special risk to fire hazards. These hazards require modifications to model code provisions to ensure public safety and prevent or minimize fire risks to the property within the city.

Although not required by regional variations, certain adjustments to the administrative provisions of identified California model code provisions are necessary to create a workable scheme of code enforcement within the city of Gonzales.

Packet Pg. 185 Attachment: Ordinance No. 2022-135 (2590 : Ordinance No. 2022-135 Amendments to Title 11 of the GCC Building Regulations)

Page 2 of 17 ends

BE IT HEREBY ORDAINED by the City Council of the City of Gonzales as follows:

Section 1. Chapter 11.04 – General Building Provisions of the Gonzales City Code is hereby deleted in its entirety.

Section 2. Chapter 11.06 – Administrative Code of the Gonzales City Code is hereby deleted in its entirety.

Section 3. Chapter 11.08 - California Building Code of the Gonzales City Code is hereby deleted in its entirety and replaced with the following:

11.04.010 ADMINISTRATIVE CODE
The 2022 edition of the California Administrative Code, including all appendices, as compiled and published by the California Building Standards Commission and amended from time to time, hereinafter referred to as the “Administrative Code,” one copy of which has been filed for use and examination by the public in the office of the building official, is hereby referred to and such code is hereby adopted by reference and made a part hereof, the same as if fully set forth in this chapter, and shall be the Administrative Code of the City.

11.04.020 BUILDING CODE:

The 2022 edition of the California Building Code Volumes I and II including Chapter 1, Division II, Scope and Administration; and all appendices as compiled and published by the California Building Standards Commission as amended from time to time, hereinafter referred to as the “Building Codes,” one copy of which has been filed for use and examination by the public in the office of the building official, is hereby referred to and such code is hereby adopted and made a part hereof, the same as if fully set forth in this chapter, and shall be the Building Code of the City, except for the following additions, deletions, and amendments:

1. Add Chapter 1, Section 105.8 – Restrict Hours for Construction: Unless specifically exempted by the building official, construction will be restricted to the hours between seven o’clock (7:00) A.M. and seven o’clock (7:00) P.M. The building official may grant an exemption upon his/her determination of an emergency.

2. Add Chapter 1, Section 107.2.9 – Geotechnical Reports: Whenever any section of this code, or any code adopted by this title, or any other ordinance or regulation of the city requires the submission of a geology or soils report (hereinafter referred to as a geotechnical report) or whenever such report is otherwise required by the building official, city engineer or the planning director, the following provisions shall be applicable:

A. Responsibility Of Applicant: The applicant shall be solely responsible for selection and compensation of the geotechnical consultant; except, that the city may specify the type and licensing requirements for the consultant.

Commented [JM1]: I included this Chapter, as we will not have Administrative provisions if we do not adopt.

Packet Pg. 186 Attachment: Ordinance No. 2022-135 (2590 : Ordinance No. 2022-135 Amendments to Title 11 of the GCC Building Regulations) Page
3 of 17
B. Third Party Consultant: The city shall have the right to require a third-party geotechnical consultant in the event of any major disagreement between the city’s geotechnical consultant and the applicant’s consultant. The city will provide a list of at least three (3) qualified geotechnical consultants to the applicant from which to select one as such third-party consultant, and the applicant shall be responsible for his compensation. The decision of the third-party consultant shall be conclusive on the city and the applicant.

C. Substance And Scope of Report: The substance and scope of each geotechnical report shall remain the sole responsibility of the applicant and his consultant. Any comments by the city or the city’s geotechnical consultants are for the purpose of pointing out possible areas of concern to the applicant or deficiencies in the report, and any approval of any geotechnical report by the city shall not be construed to imply that the city or the city’s consultant warrants the accuracy of the report or any of its contents, findings, or recommendations.

D. Hold Harmless Agreement: Whenever any applicant submits a geotechnical report to the city, s/he shall also submit a written statement to the city representing that s/he is and will be relying upon the investigation, report and opinion of her/his own geologist, and that if the requested site approval, subdivision approval or building, grading or other permit or permits are granted, s/he agrees to and does thereby indemnify and hold the city, its officers, agents, employees, boards, commissions and professional consultants free and harmless from and against any and all claims, actions, damages, suits or liabilities claimed by the applicant or any other person by reason of any actual or potential geologic hazard, including, without limitation, land slippage, landslide, earthquake, slope instability, soil or subsoil instability, or lack of lateral or subjacent support of any kind or nature, including any failure, collapse or damage to any building or structure or its foundation, and further setting forth that he is voluntarily and knowingly assuming the risk thereof.

3. Add Chapter 1, Section 107.4.1– Approval of Modifications of Plans, Conditions. No modification shall be made to any building or site plans previously approved by the city or to any development conditions imposed by the city, unless such modification has been approved as follows:

A. Where the modification does not result in any exterior change to a structure or material change to an approved site plan and does not otherwise violate or change any development condition relating to the project, the modification may be approved by the building official.

B. Where the modification involves any change to a development condition, the modification shall be subject to approval by the planning commission if the condition was originally imposed by the commission or by the city council on appeal, or subject to approval by the planning director if the condition was originally imposed by said director.

C. Any modification which is not described in either subsection A or B of this section shall be referred to the planning director, for disposition as follows:

1. If the project was originally approved by the planning director, the Packet Pg. 187 Attachment: Ordinance No. 2022-135 (2590 : Ordinance No. 2022-135 Amendments to Title 11 of the GCC Building Regulations) Page
4 of 17
modification may be approved by said director.

2. If the project was originally approved by the planning commission, or the city council on appeal, the modification shall require approval by the planning commission if such modification results in any material change to the project or any adverse impact upon the surrounding area; otherwise, the modification may be approved by the planning director. A material change shall include, but is not limited to, any ascertainable change in the size, height or elevation of a structure or its placement upon the site; any change in the approved elevation of a building pad; any ascertainable change in the location or design of access roads, driveways or parking areas; or any change in a specific requirement of an approved grading plan or landscape plans.

4. Amend Chapter 2, Section 202 - Definition of Dwelling Unit by adding the following line at the end of the section:A dwelling unit shall be limited to not more than one family or a congregate residence for ten or less persons.

5. Replace Chapter 1, Section 114.1– with new language. Unlawful Acts. It shall be unlawful and shall be deemed guilty of a misdemeanor, as provided in Chapter 1.16 of the Municipal Code of the City of Gonzales, for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any permanent, temporary or portable building or structure in the city, or cause the same to be done, or to engage in any excavating or grading, or cause the same to be done, except as provided in this title or in violation of any provisions of this code.

6. Add Chapter 1, Section 114.5 Nuisance Declared Abatement: In addition to other penalties for the violation of any provision of this chapter, or any code adopted in this title, any building or other structure erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, demolished, equipped, used, occupied, or maintained contrary to the provisions of any chapter of this title, or any use of any land, building or structure conducted, operated or maintained contrary to the provisions of any chapter of this title, or any condition caused or permitted to exist in violation of any of the provisions of any chapter of this title shall be deemed a public nuisance and may be summarily abated as such. In addition, the city attorney shall, upon direction from the city manager, immediately commence action or proceedings for the abatement and removal or enjoinment thereof in the manner provided by law and shall take such other steps as may be necessary or appropriate to abate and remove any such building, structure, condition or use constituting a public nuisance and to restrain and enjoin any person from erecting, constructing, enlarging, altering, repairing, moving, maintaining or using such building or structure, or using any property in the city, contrary to the provisions of this title.

7. Amend Chapter 2, Section 202 - Definition of Dwelling Unit by adding the following line at the end of the section:A dwelling unit shall be limited to not more than one family or a congregate residence for ten or less persons.

Packet Pg. 188 Attachment: Ordinance No. 2022-135 (2590 : Ordinance No. 2022-135 Amendments to Title 11 of the GCC Building Regulations) Page
5 of 17

8. Add Section 903.2.7.2- Exemptions.

Add exemption as follows:

Existing unsprinklered structures to which additions, alterations, or repairs are made that involve the addition, removal, or replacement of less than 50% (fifty percent) of the building’s usable square footage within a one-year period.

9. Add Section 1907.2– Minimum Slab Fabric.

All floor slabs supported directly on ground shall contain welded-wire fabric of a size not less than 6” X 6” #10 EWM (six inches by six inches number ten electric welded metal) installed at mid depth.

Section4. Section 11.04.030- Residential Code of the Gonzales City Code is adopted as follows:

11.04.030 RESIDENTIAL CODE:

The 2022 edition of the California Residential Code, including all appendices as compiled and published by the California Building Standards Commission as amended from time to time, hereinafter referred to as the “Residential Code,” one copy of which has been filed for use and examination by the public in the office of the building official, is hereby referred to and such code is hereby adopted and made a part hereof, the same as if fully set forth in this chapter, and shall be the Residential Code of the City.

Section5. Section 11.08.040- Electrical Code of Chapter 11.08 of the Gonzales City Code is deleted in its entirety and replaced as follows:

11.04.40 ELECTRICAL CODE
The 2022 edition of the California Electrical Code, as compiled and published by the National Fire Protection Association with necessary California amendments as amended from time to time, hereinafter referred to as the "electrical code," one copy of which has been filed for use and examination by the public in the office of the building official, is hereby referred to and such code is hereby adopted by reference and made a part hereof, the same as if fully set forth in this chapter, and shall be the electrical code of the city except for the following additions, deletions, and amendments:

1. Add Section 220.2 – General Load Capacity for Residential Occupancies Notwithstanding any other section of this code, the maximum total of the installed circuit breaker capacity when adding the rated values shall not exceed three times the load capacity provided by the electric utility company as evidenced by the master disconnect circuit interrupter capacity posted on the device. (300% of service drop capacity)
[example: a 100-amp utility service could have a total of 300 amps of circuit breaker capacity installed; and a 200-amp utility service could havea total of 600 amps of circuit breaker capacity installed]

2. Add section 200.2.1– Subpanel Load Maximum Capacity
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Any and all subpanels shall not have more than 300% of the supplying circuit breaker capacity when totaling all the installed circuit breakers rated values.

Section 6. Section 11.08.050- Mechanical Code of Chapter 11.08 of the Gonzales City Code is deleted in its entirety and replaced as follows:

11.04.050 MECHANICAL CODE:

The 2022 edition of the California Mechanical Code, including all appendices, as compiled and published by the California Building Standards Commission and amended from time to time, hereinafter referred to as the “Mechanical Code,” one copy of which has been filed for use and examination by the public in the office of the building official, is hereby referred to and such code is hereby adopted by reference and made a part hereof, the same as if fully set forth in this chapter, and shall be the Mechanical Code of the City.

Section 7. Section 11.08.060– Plumbing Code of Chapter 11.08 of the Gonzales City Code is deleted in its entirety and replaced as follows:

11.04.060 PLUMBING CODE:

The 2022 edition of the California Plumbing Code, including all appendices, as compiled and published by the California Building Standards Commission and amended from time to time, hereinafter referred to as the “Plumbing Code,” one copy of which has been filed for use and examination by the public in the office of the building official, is hereby referred to and such code is hereby adopted by reference and made a part hereof, the same as if fully set forth in this chapter, and shall be the Plumbing Code of the City.

Section8. Section 11.08.070- Energy Code of Chapter 11.08 of the Gonzales City Code is deleted in its entirety and replaced as follows:

11.04.070 ENERGY CODE:

The 2019 edition of the California Energy Code, including all appendices, as compiled and published by the California Building Standards Commission as amended from time to time, hereinafter referred to as the "energy code," one copy of which has been filed for use and examination by the public in the office of the building official, is hereby referred to and such code is hereby adopted by reference and made a part hereof, the same as if fully set forth in this chapter, and shall be the energy code of the city.

Section9. Section 11.08.090- Fire Code of Chapter 11.08 of the Gonzales City Code is deleted in its entirety and replaced with the following:

11.04.090 FIRE CODE:

The 2022 edition of the California Fire Code, including all appendices as compiled and published by the California Building Standards Commission as amended from time to time, hereinafter referred to as the “Fire Code,” one copy of which has been filed for use and examination by the public in the office of the Fire Marshal, is Packet Pg. 190 Attachment: Ordinance No. 2022-135 (2590 : Ordinance No. 2022-135 Amendments to Title 11 of the GCC Building Regulations) Page
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hereby referred to and such code is hereby adopted and made a part hereof, the same as if fully set forth in this chapter, and shall be the Fire Code of the City, except for the following additions, deletions, and amendments:

1. Amend Section [A] 101.1– Title to read: These regulations shall be known as the Fire Code for the City of Gonzales, hereafter referred to as “Fire Code.”

2. Amend Section [A] 101.2.1 – Appendices to read as follows: Provisions in Appendix Chapter4 and Appendices B, BB, C, CC, D, E, F, G, H, I, K, andM are hereby adopted in their entirety and shall apply.

3. Amend Section [A] 109.4– Violation Penalties, to read:

Persons who shall violate any provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair, or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of an infraction, punishable by a fine not more than five hundred dollars ($500.00). Each day thata violation continues after due notice has been served shall be deemed a separate offense.

4. Amend Section [A] 111.4– Failure to Comply, to read:

Any person who shall continue any work after having been served witha stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of an infraction as specified in Section 109.4 of this code.

5. Add Section 307.2.2 – Authority to Rescind Permit. The fire code official shall be permitted to rescinda permit and not permit further burning at the location if further burning is deemed to be a nuisance or constitutes a hazardous condition.

Add Section 307.2.3 – Hours of Burning. Open burning shall be permitted only from dawn until noon each day. Fires shall be completely extinguished before dusk each day.

6. Add Section 320– Idle Pallets.

Section 320.0– Definition. An Idle Pallet isa pallet or similar product and/or lifting device not currently in use and empty of product.

Section 320.1- General. The requirements of this section apply to all pallets, whether wood or plastic.

Section 320.2– Inside Storage. Idle Pallets may be stored withina building if the building is sprinklered in accordance with NFPA 13.

Section 320.3– Outside Storage.

1. Idle pallet stacks shall not exceed twenty feet (20’) in height.

2. Idle pallet stacks shall not cover an area of greater than 400 square feet (400 ft 2 ),
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except as approved by the Fire Code Official.

3. Idle pallet stacks shall be arranged to form stackable piles.

4.A distance of not less than twenty-five feet (25’) shall separate stacks.

5. Stacks shall be no closer than twenty-five feet (25’) to any property line.

6. Stacks shall be no closer than twenty-five feet (25’) to any other yard storage.

7. Stacks shall be no closer than the distance shown in Table 318.3 to buildings.

Table 320.3– Required Clearances between Outside
Idle Pallet Storage and Buildings
Wall Construction Under 50 Pallets 51-200 Pallets Over 200 Pallets masonry with no
openings
no restrictions no restrictions fifteen feet (15’)
masonry with
wired glass in
openings, outside
sprinklers, and one-
hour doors
no restrictions ten feet (10’) Twenty feet (20’)
masonry with
wired or plain
glass, outside
sprinklers, and ¾
hour doors
ten feet (10’) twenty feet (20’) thirty feet (30’)
wood or metal with
outside sprinklers
ten feet (10’) twenty feet (20’) thirty feet (30’)
wood, metal, or
other
twenty feet (20’) thirty feet (30’) fifty feet (50’)
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7. Add Section 603.6.6– Spark Arresters. An approved spark arrester shall be installed on all chimneys, incinerators, smokestacks, or similar devices for conveying smoke or hot gasses to the outer air.

8. Add Section 901.1.1– Responsibility. The owner of the protected premises shall be responsible for all fire protection systems within the protected premises, whether existing or installed under this code.

9. Add Section 901.6.3 – Qualifications. All personnel performing any inspection, testing or maintenance of any fire protection system shall be qualified. Where such inspection, testing, and maintenance is performed by an outside service company, the company shall be appropriately licensed in accordance with the California Business & Professions Code or by the California State Fire Marshal.

10. Amend Section 903.2– Where Required, to read:

Approved automatic sprinkler systems shall be provided in all new buildings and structures constructed, moved into, or relocated within jurisdiction.

11. Add Section 903.2.0– Exceptions.
(1) Structures less than five hundred square feet (500 ft 2 ) not classified as
Group R.
(2) Accessory structures associated with existing non-sprinklered R-3 occupancies (one or two family dwellings) and less than five hundred square feet (500 ft
2 ).

12. Amend the following sections to change the area requiring fire sprinkler installation:
(A) 903.2.1.1– GroupA-1. Change twelve-thousand square feet (12,000 ft 2 ) to
five-hundred square feet (500 ft
2 ).
(B) 903.2.1.2– GroupA-2. Change five-thousand square feet (5,000 ft 2 ) to five-
hundred square feet (500 ft
2 ).
(C) 903.2.1.3– GroupA-3. Change twelve-thousand square feet (12,000 ft 2 ) to five-
hundred square feet (500 ft
2 ).
(D) 903.2.1.4– GroupA-4. Change twelve-thousand square feet (12,000 ft 2 ) to
five-hundred square feet (500 ft
2 ).
(E) 903.2.1.5– GroupA-5. Change one-thousand square feet (1,000 ft 2 ) to five-
hundred square feet (500 ft
2 ).
(F) 903.2.3– Group E. Change twelve-thousand square feet (12,000 ft 2 ) to five-
hundred square feet (500 ft
2 ).
(G) 903.2.4– GroupF-1. Change all references to square feet to five-hundred square feet (500 ft
2 ). (list items 1, 3, and 4)
(H) 903.2.4.1– Woodworking Operations. Change two-thousand five-hundred square feet (2,500 ft
2 ) to five-hundred square feet (500 ft
2 ).
(I) 903.2.7– Group M. Change all references to square feet to five-hundred square feet (500 ft
2 ). (list items 1, 3, and 4)
(J) 903.2.9– GroupS-1. Change all references to square feet to five-hundred square Packet Pg. 193 Attachment: Ordinance No. 2022-135 (2590 : Ordinance No. 2022-135 Amendments to Title 11 of the GCC Building Regulations)

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feet (500 ft
2 ). (list items 1, 3, 4, and 5)
(K) 903.2.9.1– Repair Garages. Change all references to square feet to five- hundred square feet (500 ft
2 ). (list items 1, 2, and 4)
(L) 903.2.9.2– Bulk Storage of Tires. Change twenty-thousand cubic feet (20,000 ft
2 ) to five-hundred square feet (500 ft
2 ).

13. Amend Section 903.2.8– Group R, to read:

An automatic sprinkler system installed in accordance with Section 903.3 shall be provided in all buildings with a Group R fire area, including, but not limited to, one- and two-family dwellings, townhomes, and manufactured homes and mobile homes located outside of licensed mobile home parks hereafter constructed, moved into or relocated within the jurisdiction, including all additions to buildings already equipped with automatic fire sprinkler systems.

14. Delete exemptions from Section 903.2.8– Group R.

15. Add Section 903.3.1.2.3– Attics. Where NFPA 13R sprinkler systems are installed; all attic areas shall be provided with sprinkler protection in accordance with NFPA

13. 16. Add Section 903.3.1.2.4 – Sprinkler Control Valves. Where NFPA 13R sprinkler systems are installed, sprinkler system control valves shall be installed in accordance with NFPA 13.

17. Add Section 903.3.1.2.5– Bathrooms. Automatic sprinklers shall be installed in all bathrooms, regardless of square footage, where an electrical receptacle is installed.

18. Add Section 903.3.1.2.6– Accessible Areas. Automatic sprinklers shall be installed in all accessible areas.

19. Add Section 903.3.1.3.1– Testing. All fire sprinkler systems installed in one- and two-family dwellings shall be tested for leakage by undergoing a hydrostatic test made at 200 psi for a two-hour duration.

20. Add Section 903.3.1.3.2 – Shut-Off Valve. Each water system supplying both domestic and fire protection systems shall havea single indicating-type control valve, arranged to shut off both the domestic and sprinkler systems. A separate shut-off valve for the domestic system only shall be permitted to be installed.

21. Add Section 903.3.1.3.3– Bathrooms. Automatic sprinklers shall be installed in all bathrooms, regardless of square footage, where and electrical outlet is installed.

22. Add Section 903.3.1.3.4– Garages. Automatic sprinklers shall be installed in all attached garages and other accessory structures.

23. Add Section 903.3.1.3.5– Accessible Areas. Automatic sprinklers shall be installed Packet Pg. 194 Attachment: Ordinance No. 2022-135 (2590 : Ordinance No. 2022-135 Amendments to Title 11 of the GCC Building Regulations)

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in all accessible areas.

24. Add Section 903.3.1.3.6 – Alarm. Local water flow alarms shall be provided on all sprinkler systems. Local water flow alarms shall be powered from the main kitchen refrigerator circuit. The local water flow alarm shall be clearly audible from within the master bedroom at an audibility level of not less than 75 dbA. Where no kitchen exists in the building, the water flow alarm shall be powered from the bathroom lighting circuit.

25. Add Section 903.4.2.1 – Notification. Where an automatic fire sprinkler system is installed ina building with more than one tenant or with over 100 heads, audible and visual notification appliances shall be installed throughout the building as follows:
(a) Audible notification appliances shall be so installed to be audible at 15 dbA above the average sound pressure level in the area installed. (b) Visual notification appliances shall be installed in all public and common use areas, restrooms, and corridors in accordance with the spacing requirements of NFPA

72. (c) Exception. This does not apply to GroupR-3 occupancies.

26. Add Section 905.3.0– Standpipe System Required.

In addition to other requirements listed in the Fire Code, a Fire Department approved standpipe system meeting Section 905 standards shall be required in buildings where additions to existing buildings or new construction of commercial or industrial occupancies any time the following conditions are met:
a. Any single story buildings larger than fifty thousand square feet (50,000 ft 2 ).
b. Any single story buildings smaller than fifty thousand square feet (50,000 ft 2 ),
if any point within the building is further than one hundred fifty feet (150 ft.) from a normal entry or exit point.
c. Any multi-story building over seventy-five thousand square feet (75,000 ft 2 ).
d. Any single story building that because of occupancy type or use presents a very high fire danger as determined by the Fire Department. e. This requirement may be, but is not required to be, waived by the Fire Department if special mitigation measures are incorporated into the building beyond fire sprinklers.

27. Add AppendixO– Alternative Energy Systems.

Section O101 – General
O101.1 – Scope. Applications for the installation, additions, or remodel of alternative energy systems, including but not limited to photovoltaic and wind generation systems, shall be subject to this appendix when conditioned by the Fire Code Official.

O101.2– Conflicting Sections. Where provisions in this appendix conflict with other sections of this code or other appendices, the provisions of this appendix shall prevail unless otherwise directed by the Fire Code Official.

O102– Signing and Marking: All photovoltaic systems shall be permanently marked Packet Pg. 195 Attachment: Ordinance No. 2022-135 (2590 : Ordinance No. 2022-135 Amendments to Title 11 of the GCC Building Regulations)

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as specified in this section.

O102.1– Main Service Disconnect.
a. Main Panel Marking. A placard is required to be permanently affixed to the main service disconnect panel. The placard shall be red in color with white capital letters at least three-quarters of an inch (¾”) in height and in a non-serif font, to read “SOLAR DISCONNECT INSIDE PANEL.” The placard shall be constructed of weather- resistant, durable plastic with engraved letters, or other approved material. b.Circuit Disconnect Means Marking.A permanent label is to be affixed adjacent to the circuit breaker controlling the inverter or other photovoltaic system electrical controller. The label shall have contrasting color capital letters at least three-eighths of an inch (3/8”) in height and in non-serif font, to read “SOLAR DISCONNECT.” The label shall be constructed of durable adhesive material or other approved material.

O102.2– Direct Current (DC) Conduits, Raceways, Enclosures, Cable Assemblies, and Junction Boxes.
a. Markings are required on all interior and exterior direct current (DC) conduits, raceways, enclosures, cable assemblies, and junction boxes. b. Markings shall be placed on all DC conduits, raceways, enclosures, and cable assemblies every tenfeet (10’), at turns, and above and below penetrations. Marking shall also be placed on all DC combiner and junction boxes. c. Markings for DC conduits, raceways, enclosures, cable assemblies, and junction boxes shall be red with white lettering with minimum three-eighths of an inch (3/8”) capital letters in a non-serif font, to read “WARNING: SOLAR CIRCUIT.” Marking shall be reflective, weather resistant, and suitable for the environment. Materials used should be in compliance with UL Standard 969. O102.3 – Secondary Power Sources. Where photovoltaic systems are interconnected to battery systems, generator backup systems, or other secondary power systems, additional signage acceptable to the Fire Code Official shall be required indicating the location of the secondary source shutoff switch.

O102.4 – Installer Information. Signage acceptable to the Fire Code Official indicating the name and emergency telephone number of the installing contractor shall be required to be installed adjacent to the main disconnect.

M102.5– Inverters. No markings are required for inverters.

O103 – Building Mounted Photovoltaic Systems.

O103.1. All building or roof mounted photovoltaic systems shall be installed as specified in this section.
a. Access, Pathways, and Smoke Ventilation. Access and spacing requirements shall be observed to ensure emergency access to the roof, provide pathways for specific areas of the roof, provide for smoke ventilation opportunity areas, and to provide Packet Pg. 196 Attachment: Ordinance No. 2022-135 (2590 : Ordinance No. 2022-135 Amendments to Title 11 of the GCC Building Regulations)

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emergency egress from the roof.
b. Exceptions. Exceptions to the requirements in this section shall be permitted to be granted by the Fire Code Official where access, pathway, or ventilation requirements are reduced due to any of the following circumstances:
(1) proximity and type of adjacent exposures.
(2) alternative access opportunities, as from adjoining roofs. (3) ground level access to the roof.
(4) adequate ventilation opportunities below solar arrays. (5) adequate ventilation opportunities afforded by module setback from other rooftop equipment.
(6) automatic ventilation devices.
(7) new technologies, methods, or other innovations that ensure adequate fire department access, pathways, and ventilation opportunities. c. Designation of ridge, hip, and valley does not apply to roofs with2-in-12 or less pitch.
d. All roof dimensions shall be measured to centerline. e. Roof access points shall be defined as areas where ladders are not placed over openings (windows or doors), are located at strong points of building construction, and in locations where they will not conflict with overhead obstructions (tree limbs, wires, or signs).

O103.2– Household Systems (one- and two-story dwellings) a. Access and Pathways.
(1) Hip and Roof Layouts. Modules shall be located ina manner that provides one (1) three-foot (3’) wide clear pathway from the eave to the ridge of each roof slope where the modules are located. The access pathway shall be located at the structurally sound location on the building, such as bearing wall. EXCEPTION: where adjoining roof planes provide a three-foot (3’) wide access pathway.
(2) Single Ridge Layouts. Modules shall be located ina manner that provides two (2) three-foot (3’) wide access pathways from the eave to the ridge on each roof slope where the modules are located.
(3) Hip and Valley Layouts. Modules shall be located no closer than one and one-half feet (1-½’) to a hip or valley if modules are to be placed on both sides of a hip or valley. Where modules are located on only one side of a hip or valley that is of equal length, the modules shall be permitted to be placed directly adjacent to the hip or valley.
b. Ridge Setback. The modules shall be located no higher than one and one-half feet (1-½’) below the ridge.

M103.3– Commercial Systems.
a. Definition. Commercial systems shall be defined as all photovoltaic systems installed on or for any occupancy other than one or two family dwellings. b. Alternative Requirements. Where the Fire Code Official determines that the roof configuration is similar to residential (i.e., townhouses, condominiums, or single family attached buildings), the Fire Code Official may permit use of M103.2 standards.

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c. Access. There shall be a minimum of six feet (6’) wide clear perimeter around the edges of the roof. The Fire Code Official may allow four feet (4’) clearance in special circumstances.
d. Pathways. Pathways shall be established as follows:
(1) pathways shall be over structural members.
(2) centerline axis pathways shall be provided in both axis of the roof. (3) centerline axis pathways shall run on structural members or over the next closest structural member nearest to the centerlines of the roof. (4) pathways shall be straight lines not less than four feet (4’) clear to skylights, ventilation hatches, and/or roof standpipes.
(5) pathways shall provide not less than four feet (4’) clear around access hatches with at least one not less than four feet (4’) clear pathway to the parapet or roof edge. e. Smoke Ventilation.
(1) solar arrays shall be no greater than one-hundred and fifty feet (150’) by one- hundred and fifty feet (150’) in distance in either axis. (2) ventilator options between array sections shall be (a) a pathway eight feet (8’) or greater in width; (b) a pathway four feet (4’) or greater in width and bordering on existing roof skylights or ventilator hatches; or (c)a pathway four feet (4’) or greater in width and bordering four feet and eight inches (4’ x 8”) “venting cutout” every twenty feet (20’) on alternating sides of the pathway.

O104– Locations of Direct Current (DC) Conductors.
a. Exterior mounted DC conduits, wiring systems, and raceways for photovoltaic circuits shall be located as close as possible to the ridge, hip, or valley and from the hip or valley as directly as possible to an outside wall to reduce trip hazards and maximize ventilation opportunities.
b. Conduit runs between sub-arrays and DC combiner boxes shall use design guidelines that minimize the total amount of conduit by taking the shortest pathfrom the array to the DC combiner box.
c. DC combiner boxes shall be located so that conduit runs are minimized in the pathways between arrays.
d. DC wiring shall be run in metallic conduits or raceways when located within enclosed spaces in a building and shall be run as follows:
(1) when runs perpendicular or parallel toa load bearing member, a minimum ten- inch (10”) space below roof decking or sheeting shall be maintained. (2) where flexible metal conduit (FMC) or metal clad cable (MC) contains photovoltaic power circuit conductors is installed across ceilings or floor joists, the raceway or cable shall be protected by guard strips.

O105– Ground-Mounted Photovoltaic Systems.

O105.1– Markings. Markings shall be in accordance with Section M102.

O105.2– Setbacks. Special setback requirements do not apply to ground-mounted photovoltaic arrays. Zoning regulations apply to photovoltaic arrays as structures.

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O105.3 – Clearances. A clear area of five feet (5’) around ground-mounted photovoltaic installations shall be provided.

O105.4 – Non-Combustible Base. A gravel base or other non-combustible base shall be installed and maintained under and around the installation.

O105.5 – Protection. Fencing, skirting, or other suitable security barrier shall be installed when required by the Fire Code Official. Note: Security barriers are intended to protect individuals and animals from contact with energized conductors or other components.

O105.6 – Fire Sprinkler Protection. Fire sprinkler protection is not required for ground-mounted photovoltaic installations.

Section 10. Section 11.08.100- Referenced Standards Code of Chapter 11.08 of the Gonzales City Code is deleted in its entirety and replaced as follows:

11.04.100 REFERENCED STANDARDS CODE:

The 2022 edition of the California Referenced Standards Code, including all appendices as compiled and published by the California Building Standards Commission as amended from time to time, hereinafter referred to as the “Referenced Standards Code,” one copy of which has been filed for use and examination by the public in the office of the building official, is hereby referred to and such code is hereby adopted by reference and made a part hereof, the same as if fully set forth in this chapter, and shall be the Standards Code of the City.

Section 11. Section 11.08.110- California Green Building Standards Code of Chapter

11.08 of the Gonzales City Code is deleted in its entirety and replaced with the following:

11.04.110 CALIFORNIA GREEN BUILDING STANDARDS CODE: The 2022 edition of the California Green Building Standards Code, including all appendices as compiled and published by the California building standards commission, hereinafter referred to as the “California Green Building Standards Code,” one copy of which has been filed for use and examination by the public in the office of the building official, is hereby referred to and such code is hereby adopted and by reference and made a part hereof, the same as if fully set forth in this chapter, and shall be the Green Building Standards Code of the City.

Section 12. Section 11.04.120 – International Property Maintenance Code of Chapter

11.04 of the Gonzales City Code is adopted as follows:

11.04.120 INTERNATIONAL PROPERTY MAINTENACE CODE: The
2021 edition of the International Property Maintenance Code, including all appendices as compiled and published by the International Code Council, hereinafter referred to as the “ International Maintenance Code,” one copy of which has been filed for use and examination by the public in the office of the building official, is hereby referred to and such code is hereby adopted and by reference and made a part hereof, the same as if fully set forth in this chapter, and Commented [GM2]: Needs Review By Fire or remove and
have Fire adopt the Fire Code as a stand alone adoption.

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shall be the Property Maintenance Code of the City.

Section13. Section 11.04.140

11.04.140 SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS:

A. Purpose: The purpose of this section is to comply with section 65850.5 of the California Government Code that provides: on or before September 30, 2015, every city shall adopt an ordinance that creates an expedited permitting process for small residential rooftop solar energy systems.

B. Definitions.

1. "Electronic submittal" means the utilization of one or more of the following:
a. E-mail;
b. The Internet;
c. Facsimile.

2. "Small residential rooftop solar energy system" means all of the following:
a. A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal. b. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and paragraph (iii) of subdivision (c) of section 714 of the California Civil Code, as such section or subdivision may be amended, renumbered, or designated from time to time.
c. A solar energy system that is installed on a single- or duplex- family dwelling.
d. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.

3. "Solar energy system" has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of section 801.5 of the California Civil Code, as such section or subdivision may be amended, renumbered, or designated from time to time.

C. Permitting Process: The expedited permitting process for small residential rooftop solar energy systems shall comply with the applicable requirements contained in this title, Building Regulations, and all of the following:

1. The building department shall develop a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review.

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2. The checklist and required permitting documentation shall be published on a publicly accessible Internet website.

3. As allowed by available resources, the building department shall allow for electronic submittal of a permit application and associated documentation and shall allow electronic signature in lieu of a wet signature.

4. Upon confirmation by the building department that the application and supporting documentation are and meet all requirements of the California building standards codes, the building department shall approve the application and issue all required permits.

D. Inspection Process: Small residential rooftop solar energy systems eligible for expedited, streamlined permitting process shall only require one inspection, unless the installation is found to be out of compliance with the California building standards codes. Inspection requests shall be made in compliance with this title, Building Regulations.

Section 14. Chapter 11.48 – Deconstruction, Demolition and Construction Material Recovery and Diversion From Landfills of the Gonzales City Code is deleted in its entirety
Section 15. This Ordinance shall be in force and effect January 1, 2023, but not earlier than thirty (30) days after the date of its final passage and a summary hereof shall be published once within fifteen (15) days in the Gonzales Tribune, a newspaper of general circulation printed and published in the County of Monterey and circulated in the City of Gonzales.

This ordinance was introduced and read on the 5th day of December 2022 and was finally adopted on day of January 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Jose Rios, The Honorable Mayor
ATTEST:

Mary Villegas, Deputy City Clerk
Packet Pg. 201 Attachment: Ordinance No. 2022-135 (2590 : Ordinance No. 2022-135 Amendments to Title 11 of the GCC Building Regulations) Packet Pg. 202 Attachment: Proof of Publication (2590 : Ordinance No. 2022-135 Amendments to Title 11 of the GCC Building Regulations) City of Gonzales

CITY ATTORNEY

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: December 5, 2022
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, Interim City Manager
SUBJECT: Report on New Brown Act Rules for 2023 Regarding Teleconferencing

RECOMMENDATION
It is recommended that the City Council accept the report on new law adding to existing Brown Act provisions dealing with remote participation via teleconferencing.

BACKGROUND
The California Brown Act provides regulations and procedures to be used by the governing bodies of public entities for conducting open public meetings. The ability of officials to participate in such meetings via teleconferencing, defined as “a meeting of individuals in different locations, connected by electronic means, through either audio, video or both” has been a part of the Brown Act for a significant period of time. However, during the COVID-19 pandemic, the Legislature was compelled to make modifications to the Brown Act to simplify the procedures by which remote participation could be accommodated in an effort to protect the health and safety of both official and public participants at such meetings. As the COVID-19 pandemic slowly comes under control, the Legislature has adopted a new set of laws concerning remote meeting participation that will come into effect in January 2023. This will result in three sets of laws concerning remote meeting participation being in effect at the same time:

Traditional Brown Act Teleconferencing Rules, Emergency Teleconferencing Rules enacted by AB 361, and Limited Specific Scenario Teleconferencing Rules enacted by AB 2449. There are significant differences in the laws, and so a comparison of all three is necessary to ensure compliance with the same.

REVIEW AND ANALYSIS
For ease in presentation and understanding, actions and provisions of the Brown Act dealing with remote participation are set forth in outline form below. I have also attached an AB 2449 Remote Participation Flow Chart hereto as Attachment A for future use and reference.

AGENDA
ITEM
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Remote Participation (AB 361 & AB 2449)
A. Brown Act Rules pre COVID-19 pandemic:

Pre-pandemic, Govt. Code Section 54953(b) of the Brown Act allows for local agency officials to participate in a public meeting via teleconference, if the following occurs:
• At least a quorum of the legislative body will be participating in person in local agency’s jurisdiction;
• The teleconference location must be specifically identified in the meeting notice and agenda, including the full address and room number (if in a hotel); • Members of the public must be able to participate or address the legislative body at the teleconference location; and
• The meeting agenda is to be posted at the teleconference location.

B. Governor Newsom’s Executive Orders:
• Commencing in March 2020, Governor Newsom issued a series of Executive Orders designed to contain the COVID-19 virus. These Orders (N-25-20, N-29-20 and N35-20) declared that California was under a State of Emergency and collectively modified or suspended the requirements of the Brown Act, including the provisions regulating teleconferencing. During this time, legislative bodies were permitted to conduct their meetings via teleconference without fully complying with the teleconferencing rules of the Brown Act if members of the public were also allowed to observe and participate in the meeting by telephone or other electronic means. • N-08-21 (June 11, 2021): In this Executive Order, Governor Newsom rescinded his previous Order N-29-20 and required that public agencies return to “live” public meetings, held in full compliance with the Brown Act’s teleconferencing rules, by October 1, 2021.

C. AB 361 – effective September 16, 2021 through January 1, 2024:

In response to the Governor’s rescission of Executive Order N-08-21, the state legislature issued AB 361 as an urgency measure. This measure, which sunsets on January 1, 2024, allows legislative bodies to continue to hold public meetings by teleconference – without full compliance of the Brown Act – as long as the following requirements are met:
• There is an existing “state of emergency,” as that term is defined by Govt. Code Section 54953(e)(4); and
• The legislative body can make findings that 1) state or local officials have imposed or recommended measures to promote social distancing; or 2) that meeting in public would present imminent risk to the health and safety of the public meeting attendees.

If the state of emergency remains active for more than 30 days, the legislative agency is required to make the required findings by a majority vote every 30 days to continue to use AB 361’s exemption under the Brown Act.

D. AB 2449 – effective January 1, 2023 through January 1, 2026:

This bill, which amends Gov. Code 54953 and was signed by Governor Newsom on September 13, 2022, provides another mechanism for public officials to participate in public meetings via teleconference without full compliance with the Brown Act.

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Note that AB 2449 does not rescind AB 361; public agencies may still invoke the exemptions available under AB 361 until January 1, 2024. However, given that the Governor has announced that the COVID State of Emergency will end on February 28, 2023, one of the requisite findings to proceed under AB 361 will no longer be available and some other local or regional state of emergency would be required to rely on AB 361.

The following are the teleconferencing requirements under AB 2449:

1. Request for Remote Participation: The public official is to provide notice to the legislative body “at the earliest opportunity, including at the start of a regular meeting, of their need to participate remotely.” Gov. Code Section 54953(e)(2)(A)(i) – (ii).

This request is to include a general description (not exceeding 20 words) of the circumstances relating to the need to appear remotely. The official is not required to disclose any medical diagnosis or disability, or personal medical information in the written description. The legislative body may approve the request at the start of the meeting.
a. If Request is Not on Agenda: AB 2449 also allows for the legislative body to consider the request if it does not appear on the 72-hour noticed agenda, as long as the request is due to emergency circumstances and there was not enough time to place the request on the noticed agenda.

The vote to add the item to the agenda must be passed by 2/3 of members, or if less than 2/3 are present, by unanimous vote. Govt. Code Section 54954.2(b)(4).

2. “Just Cause or Emergency Circumstances”: The request shall include one of the two reasons for the request, as set forth in Govt. Code Section 54953(g):
a. “Just Cause,” which means any of the following:
(1) Providing childcare or caregiving of a child, parent, grandparent, grandchild, sibling, spouse or domestic partner that requires the official to participate remotely;
(2) A contagious illness that prevents a member from attending in person;
(3) A need related to a physical or mental disability;
(4) Travel while on official business of the legislative body or another agency;
b. OR “Emergency Circumstances,” which means a physical or family medical emergency that prevents a member from attending in person.

3. Limits on Number of Remote Meetings: There are also limitations on the number of times a public official can use AB 2449 teleconference procedures. a. It may not be used for a period of more than three consecutive months, or 20% of the regular meetings within a calendar year, or more than two meetings if the body only meets fewer than 10 times in a calendar year.

Govt. Code Section 54953(e)(3).

4. Disclosure of Others Present at Remote Location: The remotely participating official must also disclose whether any individual over the age of 18 is “present” at the remote location. Govt. Code Section 54953(e)(2)(B).

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5. Quorum Requirement: There also must be a quorum of the other members of the legislative body present at one physical location that is within the local agency’s jurisdiction. Govt. Code Section 54953(b)(3).

6. Other Provisions of AB 2449:
a. AB 2449 also requires that the legislative body provide either a two-way audiovisual platform or a two-way telephonic service and a live webcasting of the meeting to allow the public to remotely hear and visually observe the meeting remotely. The remotely attending official must also participate through both audio and visual technology. Govt.

Code Section 54953(f)(2)(C).
b. The bill also adds new requirements for implementing procedures to receiving and promptly resolving requests for accommodations for individuals with disabilities.
c. No action can be taken if a disruption event prevents the legislative body from broadcasting the meeting remotely. Govt. Code Section 54953(f)(1)(D).

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

Explain: Gonzales will continue to comply with applicable laws regarding teleconferencing both to accommodate the needs of the City’s officials and to provide transparency to the Council and Agency’s constituents.

Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ____ No____ N/A
Explain: The City’s public meetings, held in accordance with the law, will continue to offer convenience and transparency to both City officials and the public. The new procedures will also be helpful in the event COVID-19 starts to impact the health and safety of said officials and the public.

City services will be delivered in a cost-effective, respectful, and friendly manner to ensure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. X Yes ____No ____ N/A Explain: See above.

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

ALTERNATIVES
Not applicable. The City is required to comply with applicable teleconferencing laws.

BUDGET IMPACT
Not applicable.

CONCLUSION
It is recommended that the City Council accept the report and be familiar with the new process for teleconferencing if and when necessary in 2023.

Attachments:

1. AB 2449 Flow Chart
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ATTACHMENT A
AB 2449 – Remote Participation Flow Chart
(Effective January 1, 2023 – January 1, 2026)
- STEP 1: Official requests remote participation to the Council/Agency Board. o When: ASAP (at earliest opportunity) up to start of a regular meeting o What: Generally describe reason for request (not to exceed 20 words). Request does NOT need to disclose medical or personal information. Must be either:
▪ Just Cause
• Providing childcare or caregiving of immediate family, • Contagious illness,
• Physical or mental disability,
• Official business travel for public agency, OR
▪ Emergency Circumstances
• Physical or family medical emergency.
- STEP 2: Is the request agendized?
o If yes, then Council/Board can consider at appropriate time on agenda. Go to Step 3 below. o If no, then Council /Board must add urgency item to agenda as follows:
▪ Describe that there is a request by an official to participate remotely. ▪ Describe the reason for the request (Just Cause or Emergency Circumstances). ▪ Explain that this item came up after the 72-hour agenda deadline. ▪ Council/Board takes action by: (a) finding the item is urgent and needs immediate action and was discovered after the agenda deadline, and (b) voting. • Must pass by 2/3 vote of Council/Board if 4+ Council/Board members are voting from 5-member entity.
• Must pass unanimously if 3 Council/ Board members are voting from a 5- member entity.
- STEP 3: Council/Board acts on remote participation request. o Findings: Council/Board must make the following four findings:
▪ The remotely participating official must disclose whether anyone over 18 years old is present at the remote location.
▪ At least 3 (a quorum) of the other Council/Board members are present at one physical location in the Council/Board’s jurisdiction.
▪ The remotely participating official has not exceeded the annual limit:
• Cannot use for more than 3 consecutive months, or 20% of the regular meetings, or more than 2 meetings if Council/Board meets less than 10x a year. ▪ The Council/Board is providing a 2-way audiovisual platform or 2-way telephone service + live webcasting so public can remotely hear and visually observe the meeting. o Vote: If these findings can be made, then the Council/Board votes on whether the official may participate remotely.
▪ As with all other votes, a majority (or at least 3) affirmative votes are required. - STEP 4: Repeat Steps 1-3 for additional officials who wish to participate remotely, if necessary. - STEP 5: Resume the meeting as agendized with official(s) participating remotely. o All votes at a meeting with a remote official must be taken by roll call. o No action can be taken if the remote broadcast of the meeting is disrupted. o Special procedures are required to promptly resolve requests for disability accommodations.

Packet Pg. 208 Attachment: AB 2449 Flow Chart (2599 : Report on New Brown Act Rules for 2023 Regarding Teleconferencing) City of Gonzales

COMMUNITY DEVELOPMENT DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: December 5, 2022
FROM: Taven Kinison Brown, Community Development Director THROUGH: Carmen Gil, Interim City Manager
SUBJECT: Vista Lucia Development Progress Report

RECOMMENDATION
Receive a report from staff on the status of the Vista Lucia Specific Plan.

BACKGROUND
While much of the Council is familiar with the long history of the Specific Plan, it is staff’s intent now to keep the Council regularly informed of progress and the steps ahead.

REVIEW & ANALYSIS
There are many components and parallel tasks coming together that all will feed into the Specific Plan, the incorporation into City limits and the City’s jurisdiction. It is staff’s intent to keep the Council and client up to date on the steps and tasks underway in the next 3-4 month period. Presently in City review are the Administrative Draft Specific Plan, Development Agreement, key supporting studies, and the Environmental Impact Report.

Administrative Draft Specific Plan (ADSP) – We are at the tail end of Phase One of a two phase submittal of the Administrative Draft Specific Plan. Phase One is the submittal of an Administrative Draft Specific Plan with supporting information and studies. The City is to provide guidance to the applicant before the applicant has completed all elements and state required components of the Specific Plan. Staff is to return comments to Pembrook by December 9, 2022. Phase Two shall include all materials and information described in State law and the City’s Guidelines. Staff will provide review and feedback and the applicant will proceed to prepare a Draft Specific Plan.

AGENDA
ITEM
22 Packet Pg. 209
Development Agreement. The Development Agreement is basically a contract between the City and Developer (and subsequent parties in interest) to assure each other of the rules and regulations that apply to the processing of applications subject to the Specific Plan, such as how Affordable Housing will be provided, phased and administered, how Agricultural Mitigation will be implemented, when infrastructure will be provided with phased development, and how public facilities and services will be financed, among other components. Additional public benefits may also be agreed to between parties. The applicant submitted their first draft to the City on November 16, 2022. Staff is evaluating the proposal and will soon (January 2023) be gathering an internal review group to evaluate the applicant’s proposal and what the city-side of contract should be.

Key Supporting Studies. Underway are several Key Supporting Studies, several of which are necessary to become the foundations of companion documents and plans, such as a Water Supply Assessment, Fiscal Analysis (of development expected in the Sphere of Influence). These two studies will inform at least three “plans” that need to accompany the Specific Plan through its evaluation. • Water Supply Assessment (WSA). In progress for several years, the WSA provides an assessment of present industrial, commercial and residential water uses in the City, as well as the historic water uses in the eastern farmed areas adjacent to the City. The report analyses the City’s existing pumping and storage capacities, and anticipates future infill in the city’s industrial, commercial and residential areas, and anticipates the water uses of planed development projects.

City staff and our consulting engineer have prepared a formal response and direction to an administrative draft and have recently returned that to the Pembrook interests, Tuesday, November 22, 2022, to prepare the next iteration. When completed and returned to the City, staff will present the reports findings and conclusions to the City Council, expected in January 2023. • Willdan Fiscal Analysis of development expected in the Sphere of Influence areas. The City approved a consulting contract agreement with Willdan in 2019 to prepare an Annexation Fiscal Impact Report for the City of Gonzales (“City”). The contract also calls for Willdan support through coming County negotiations for tax sharing and for presentation before the Local Agency Formation Commission LAFCO). This Fiscal Impact Report will be used to support the City’s Property Tax Transfer Agreement with the County of Monterey (“County”) and/or analyze the results of such agreement. Presently, Department heads will be meeting on-line Thursday December 1, 2022, to discuss staffing and the operational needs of the Public Works Department, Planning, Recreation Administration, Police and Fire Divisions. Present status is that we are midway through the Phase One Feasibility Analysis. Phase Two of the contract is a formal Annexation Study.

Environmental Impact Report. Much of the Draft Environmental Impact Report (Draft EIR) has been outlined and numerous sections filled in, yet not completed; the reason being outstanding significant Key Supporting Studies, and the Development Agreement not yet being completed. Upon approval of the Water Supply Assessment (WSA) report (Pembrook/Zanjero), Fiscal Impact Analysis (Willdan), and Service and Infrastructure Impacts report (Willdan), the full “Project Description” for environmental review should be able to be completed. According to the City’s Specific Plan preparation guidelines (2008), both the Draft Environmental Impact Report and the Draft Specific Plan will be publicly circulated together for a minimum 45 day review period. Then public comments will be addressed in both documents and presented in workshops of the Planning Commission and City Council.

Staff will return in February to report progress and next steps. In the meanwhile, the City Council will receive a presentation on the Water Supply Assessment (WSA) and the status/conclusions of the fiscal Analyses. Additionally, staff continues to mature the Agricultural Mitigation Ordinance which will have requirements and standards to be wrapped into the Specific Plan and EIR.

How the Recommendation Supports the Vision
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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: Staff is committed to working collaboratively with developers interested in pursuing developments within the City limits as well as the Sphere of Influence. A well done and wellimplemented specific plan, built upon the City’s General Plan will assure that Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and retain its small-town charm.

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

Explain: The City has shown leadership and vision in its support of the Specific Plan developments, built upon the City’s General Plan. While most of the efforts to pay for City and consultant staff time have been funded through the two developers of potential specific plans, the City has been at the table to secure SB1 Grants and other financial resources to allow the City to hire consultants, such as Willdan to evaluate potential development in the sphere of influence.

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: This update to the City Council is meant to keep all apprised of the work underway, and the work ahead. Eventual approval of such specific plans will allow for the City to triple in population. As such, the Key Supporting Studies described above and the work on the Development Agreement, and Environmental Impact report are particularly focused on providing City services in a cost-effective, respective and friendly manner to ensure the safety and wellbeing of the new populations to come, without burden on the existing residents and the city/neighborhood-entered designs of the General Plan and specific plans promote and provide for new business, new recreation, housing and employment opportunities in an environmentally sustainable manner.

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

ALTERNATIVES
Receive staff report and provide comment and direction, if desired.

BUDGET IMPACT
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With Reimbursement Agreements in place, the City is offsetting public costs through developer deposits.

Additional activities in support of developing new housing in the sphere areas are also supported by grants that the City has secured. City staff continues to scan for new grant opportunities to provide additional resources to these efforts.

CONCLUSION
Receive the staff report and provide comment and direction, if desired. Staff and the Pembrook development team will be available for comments and questions.

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