Gonzales City Council
September 18, 2023

Request for Proposals for Program/Construction Management Services on the Gonzales Community Center Complex Project

INTRODUCTION
The City of Gonzales is located 17 miles south of Salinas and is in the heart of the 90-mile long Salinas Valley. The City of Gonzales has a rich history of deep community engagement and an ethos of engaging that is affectionally referred to as the Gonzales Way, Love-Care-Connect. In 2019 the city was one of five cities nationwide recognized as a Culture of Health Prize winner by the Robert Wood Johnson Foundation and only the fifth city in California to receive this distinction. In June 2023 the city was selected as one of ten cities in the United States as an All American City by the National Civic League.

The California Department of Finance population estimate for the city as of January 1, 2020 is 8,506. The city prides itself on being a net-importer of jobs due to the city’s Industrial Business Park attracting a variety of ag-related businesses. In addition to building the Community Center Complex, the city has several other major initiatives underway including:
• $30M wastewater system expansion to provide an additional 1.0 MGD of capacity related to the ag-wash water discharged from processing facilities in the City’s Industrial Business Park
• 750-acre annexation for residential and commercial development with the city’s Sphere of Influence, east of US101
More information about the city can be found at our website: www.GonzalesCA.gov

PROJECT
The site for the new facility is on Gabilan Court, a city-owned parcel along Fifth Street located just east of Fairview Middle School and across the street from Gonzales High School. The 3.30-acre site is adjacent to the Joint Use Gym that is a shared facility between the city and the Gonzales Unified School District. The prior use of the Gabilan Court parcel was a 24-unit Monterey County Housing Authority facility that was relocated to the intersection of Fanoe Road/Chardonnay Drive approximately 15 years ago.

Gabilan Court is an ideal site for the Community Center as it is near the center of town and very close to the high school, middle school, and elementary school. The Community Center Complex is comprised of the following elements:

1. Monterey County Library (to be relocated from the Gonzales Shopping Center)

2. Teen Innovation Center

3. Community Center with large multi-purpose room, fitness room, flexible meeting rooms, and a commercial kitchen

4. Courtyard, outdoor spaces, landscaping and on-site parking Packet Pg. 206 Attachment: RFP for Project/Construction Management Services (2817 : Resolution No. 2023-60 Award Construction Management/Inspection

The project will be designed and constructed through Design/Build contracting. In May 2021 Swinerton was selected to perform PM/CM Services for the project. During the summer and fall of 2021, after a robust community engagement effort by City staff, Swinerton and Group 4 Architects, a building and site program was developed, reflecting input from the community and City Council.

At the February 22, 2022 Council Meeting, the Design Criteria Documents (prepared by Group 4 Architects) were approved and the three top ranked Design/Build teams out of the seven teams that submitted Statement of Qualifications were “short-listed” to receive the Request for Proposal for the project. The Design Criteria Documents are comprised of 98 sheets of plans, a three volume set of technical specifications and other guidance documents.

On January 31, 2023 staff issued the Request for Proposals (RFP) to three “short-listed” Design/Build Teams (Contractor/Architect). At their June 5, 2023 meeting, the City Council awarded the Design/Build contract to the Otto Construction/WRNS team.

The Community Center Complex project will be funded by a variety of sources including the following:
• Measure X (local sales tax) expected to provide $7,500,000 of project funding. • $5.0 M State grant for the Teen Innovation Center secured by State Senator Anna Caballero
• Community Development Block Grant (CDBG FY 2022/23 and FY 2023/24) • County contribution to relocate existing library from the Gonzales Shopping Center • Two grants (Electric Vehicle Charging Station Grant from the California Energy Commission and Building Forward Library Infrastructure Grant Program) • Capital Campaign with a $10.0M goal with current pledges totaling $6.5M The project will be delivered in a phased approach due to the grant funding for the project that have deadlines for use of the funds. Phase 1 will be the Library, Teen Innovation Center, and most of the site improvements (ie, landscaping and parking).

Phase 2 will be construction of the Community Center.

The Otto Construction/WRNS team will design Phases 1 and 2 over the next ten months and construction of Phase 1 is expected to begin next April. Construction of Phase 2 will occur when the city secures the needed funding.

SERVICES
This Request for Proposals (RFP) is for Project/Construction Management Services for the City’s Community Center Complex Project which is being delivered through design/build contracting. The city is seeking the following services for this project:

Packet Pg. 207 Attachment: RFP for Project/Construction Management Services (2817 : Resolution No. 2023-60 Award Construction Management/Inspection

1. Project Management
a. Provide and manage web based document management system (we are currently using ProCore). The city’s open to this or other platforms. b. Run internal coordination meetings (PM/CM staff and city staff) c. Arrange and chair DBE progress meetings
d. Track detailed action items (item status, ball-in-court, due date, etc) e. Utility provider coordination
f. Monitor design process including verify conformity to the approved Design Criteria Documents
g. Support the city’s Community Engagement efforts:
i. Make presentations to City Council and other city boards ii. Participate in periodic Community Townhall meetings iii. Bilingual staff person (English/Spanish) is desired for written materials and Townhall meetings
h. Update project schedule.
i. Monitor all expenditures and track various city monies and outside funding sources. Includes managing cash flow for various expenses. j. Ensure compliance with grant requirements including reporting k. Include monthly status reports with invoice
l. Collaborate with DBE team on value engineering of the design m. Review construction documents for quality assurance and quality control n. Coordinate Building Code Review between DBE Team and city’s building services consultant (4Leaf)

2. Construction Management/Inspection
a. Provide Construction Administration services such as the following:
b. Review and monitor RFI and process submittals for conformance to design criteria documents
c. Review DBE’s schedule updates. Track contract time
d. Coordinate Building inspections between DBE Team and city’s consultant e. Perform Site Civil inspections.
f. Coordinate specialty inspections
g. Labor compliance monitoring including Davis-Bacon wages and benefits h. Review and certify contractor progress payments
i. Prepare and/or review change orders or construction change directives j. Participate in punch walks of building and site
k. Inspect for substantial and final completion
l. Authorize minor changes that do not affect the contract time or price m. Arrange for commissioning of completed buildings
n. Close-out project including preparation for grant funding audits and obtain copies of O&M manuals and warranties
o. Recommend project acceptance
Packet Pg. 208 Attachment: RFP for Project/Construction Management Services (2817 : Resolution No. 2023-60 Award Construction Management/Inspection

The city is interested in full PM/CM services for this important civic facility. Therefore, Proposers are encouraged to refine and expand on the above listed services in your proposal.

PROPOSAL CONTENT AND REQUIREMENTS
Your proposal should include the following:

Cover Letter - Provide the following information:

1. Firm name, office location(s), telephone numbers, and e-mail addresses of the main contact(s) including all principals.

2. Staff person(s) we should contact regarding the submitted proposal

3. Number of years the firm has performed the requested services

4. Firm ownership structure: sole-proprietor, partnership, corporation, other (please specify).

5. Indicate if your firm has any conflicts of interest related to working for the City of Gonzales and your other current contracts.

Technical Approach

1. Provide a detailed list of the services your firm can provide under this RFP

2. State why your firm is qualified to provide the specified services.

3. Describe how your team will deliver your services
Qualifications and Management

1. Present resumes for key project team members

2. Include an organization chart.

3. Describe how the project team will be managed

4. Describe the firm’s quality assurance efforts.

Relevant Experience

1. Present your firm’s relevant experience with public agencies contracts similar to the city’s project. Your qualifications package should include relevant experience with at least three different public agencies where these services were provided in the last five years.

2. Provide the major aspects of the scope and contract amount, the name of the public agency these services were provided for, and full contact information (address, phone, and email address) for the public agency’s project manager.

3. List proposed key personnel with their expertise, professional experience, training, certifications, office location and role they will play on the project.

4. Provide specific examples how the firm has successfully delivered program/construction management services to other public agencies over the last five years. This includes:
a. How does your firm adhere to agreed upon schedules?
b. What efforts are used to get projects back on track? c. How does your firm make efficient use of its personnel and resources? d. What techniques does your firm use to deliver quality services? e. Describe project involvement by the firm’s principals Packet Pg. 209 Attachment: RFP for Project/Construction Management Services (2817 : Resolution No. 2023-60 Award Construction Management/Inspection

f. What computer programs does your staff use to track various aspects (schedule, costs, scope creep) of a major project like the City’s? The proposal shall be limited to 30 pages excluding cover letter and resumes.

ESTIMATED FEE
Provide an Estimated Fee for Project and Construction Management services for the period of August 2023 through December 2025 (end of Phase 1 construction). The Estimated Fee shall essentially be a staffing plan for each month over this 29 month period. Include all direct and indirect costs (vehicles, mileage, software, etc).

The Estimated Fee and the firm’s Rate Schedule shall be submitted in a separate sealed envelope.

CONTRACT
The City’s standard consultant agreement is attached. Provide a statement of your ability to execute the city’s consultant agreement and include any desired revisions to the city agreement in the separate sealed envelope transmitting your Estimated Fee and the firm’s Rate Schedule.

RFQ SCHEDULE is:

Milestone Date
City Issues Request for Proposals 6/16/2023
Pre-Proposal Meeting 6/29/2023 at 10:30AM
Proposal Submittal Deadline 7/13/2023 at noon
City releases list of firms to be interviewed 7/14/2023 Interview short-listed firms 7/25/2023
City Council Meeting for approval of selected firm’s contract 8/07/2023

SELECTION PROCESS
City staff prefers firms with:

1. More than five years of providing the specified services

2. Knowledgeable and proactive staff with strong interpersonal skills

3. Staff with experience on Community Centers, Libraries and Teen Centers

4. Timely invoicing with detailed efforts listed by staff person Proposals submitted by the deadline will be evaluated based upon qualifications, experience, ability to perform and understanding of the services to be performed.

Packet Pg. 210 Attachment: RFP for Project/Construction Management Services (2817 : Resolution No. 2023-60 Award Construction Management/Inspection

PROPOSAL SUBMITTAL
Deliver five printed and bound copies of the proposal materials to:

Patrick Dobbins, Public Works Director/City Engineer
City of Gonzales
PO Box 647
147 Fourth Street
Gonzales, CA 93926
Provide two separate sealed envelopes (Proposal in one envelope and the Estimated Fee and Rate Schedule in second envelope) inside one larger sealed envelope clearly labeled, “PROPOSAL FOR PM/CM SERVICES ON COMMUNITY CENTER COMPLEX PROJECT.” Include a thumb drive with PDF copies of the Proposal, Estimated Fee and Rate Schedule.

CONTACT INFORMATION
Questions regarding this RFQ shall be directed to:

Patrick Dobbins, Public Works Director/City Engineer
City of Gonzales
PO Box 647
147 Fourth Street
Gonzales, CA 93926
Phone: 831-675-5000
Email: [email protected]
Attachments

1. City’s Standard Consulting Agreement

2. Otto Construction’s schedule from their proposal

3. Select City Council reports on delivery of the Community Center Project References:

Articles regarding “the Gonzales Way”
https://www.zocalopublicsquare.org/2021/02/16/gonzales-california-microgrid-future-ofenergy/ideas/connecting-california/ https://www.zocalopublicsquare.org/2020/05/19/gonzales-california-central-coast-15-yearfight-universal-broadband/ideas/connecting-california/ https://www.zocalopublicsquare.org/2019/09/17/the-fabulous-fable-of-fabiolas-scholarshipfund/ideas/connecting-california/ https://www.zocalopublicsquare.org/2019/01/14/small-california-farm-town-puts-kidsfirst/ideas/connecting-california/ Packet Pg. 211 Attachment: RFP for Project/Construction Management Services (2817 : Resolution No. 2023-60 Award Construction Management/Inspection City of Gonzales
Community Center
Fee Proposal Worksheet
Fee Estimate months 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Total hrs Total fees Preconstruction / Design (estimated based on 210 from August 1) Construction start 2024 2025 End Construction -Feb 2025 23 / 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 rate Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Mar-25 Apr-25 May-25 Jun-25 Jul-25 Aug-25 Sep-25 Oct-25 Nov-25 Dec-25 184.00 160.00 168.00 160.00 160.00 168.00 160.00 168.00 176.00 176.00 152.00 176.00 176.00 160.00 176.00 152.00 168.00 168.00 152.00 168.00 176.00 168.00 160.00 176.00 168.00 168.00 176.00 144.00 176.00 PIC - Frank Lopez $ 278
PM - Matt Nethercutt $ 250 55.9 60.0 60.0 60.0 60.0 40.0 40.0 10.0 24.0 24.0 32.0 24.0 24.0 32.0 20.0 20.0 32.0 16.0 20.0 32.0 16.0 20.0 32.0 24.0 24.0 32.0 32.0 866 $ 223,158.00 Construction Mngr - Luis Florez $ 203 16.8 80.0 120.0 142.8 152.0 159.6 167.2 167.2 144.4 167.2 167.2 152.0 167.2 144.4 159.6 159.6 144.4 159.6 167.2 159.6 152.0 167.2 159.6 159.6 167.2 136.8 167.2 4,008 $ 847,289.39 Civil Inspection Mnger - Dana Van Horn $ 228 8.0 8.0 8.0 8.0 8.0 8.0 8.0 8.0 8.0 8.0 8.0 88 $ 20,799.44 Civil Inspector - TBD (prevailing wage)* $ 185 32.0 40.0 64.0 80.0 64.0 32.0 32.0 32.0 32.0 408 $ 78,458.94 Administration $ 127 16.8 16.0 16.0 42.0 40.0 42.0 44.0 44.0 22.8 26.4 26.4 24.0 26.4 19.8 21.8 21.8 19.8 21.8 22.9 21.8 20.8 22.9 21.8 21.8 22.9 47.5 58.1 752 $ 99,192.45 Scheduler - Rowecom $ 215 8.0 12.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 152 $ 33,930.78 Labor Compliance $ 169 12.0 24.0 24.0 24.0 24.0 24.0 24.0 24.0 24.0 24.0 24.0 24.0 24.0 24.0 24.0 24.0 24.0 24.0 24.0 24.0 24.0 24.0 24.0 24.0 564 $ 99,579.67 Grant Tracking - Dima $ 205 8.0 8.0 12.0 12.0 8.0 8.0 8.0 4.0 4.0 4.0 12.0 12.0 100 $ 21,102.21 - $ -
Total Hours - - 105.5 164.0 196.0 280.8 294.0 287.6 329.2 307.2 293.2 335.6 327.6 270.0 287.6 234.2 231.4 231.4 226.2 227.4 240.1 243.4 258.8 280.1 247.4 239.4 248.1 258.3 293.3 6,938 $ 1,423,510.88 Monthly Fee - - 22,890 34,912 41,392 56,390 58,742 56,543 64,260 58,240 59,508 67,875 66,877 55,114 58,640 48,872 47,339 47,339 46,975 46,299 49,081 50,459 54,716 59,420 53,364 51,201 53,013 53,660 60,390 Reimbursable / vehicle allowance $ 10,000
Total Authorization Required $ 1,433,511
Inspection only $ 99,258.38
Cumulative totals Total Net of Inspection $ 1,334,252.50 Hours - - 105.5 269.5 465.5 746.3 1,040.3 1,327.9 1,657.1 1,964 2,257.5 2,593.1 2,920.7 3,190.7 3,478.3 3,712.5 3,943.9 4,175.4 4,401.5 4,629.0 4,869.1 5,112.5 5,371.3 5,651.4 5,898.8 6,138.3 6,386.3 6,644.7 6,938 Dollars - - 22,890 57,802 99,194 155,584 214,326 270,869 335,129 393,368 452,876 520,751 587,628 642,741 701,381 750,253 797,593 844,932 891,907 938,207 987,288 1,037,747 1,092,462 1,151,883 1,205,247 1,256,449 1,309,461 1,363,121 1,423,511 Year 1 hrs 1,964 Year 2 hrs 3,148 Year 3 hrs 1,825
fee 393,368 fee 644,379 fee 385,764
Qualifications:

1. Office space / trailer, furniture, copier & data connection within project building shall be provided by the City or DBE.

2. Office supplies, if any, purchased for the field office at the project site shall be reimburseable at cost + 7.5%.

3. Fee is based on the schedule duration given by the City and shown above. If the contract time is extended, Harris fee will be adjusted accordingly.

4. Rates escalate at 4% at the beginning of the City's Fiscal year in June

5. Vehicle cost for inspector will be $50/day.

6. Harris does not markup scheduler's hourly rate
Schedule assumption
Phase 1 design 220
Phase 1 construction 510
Phase 1 final completion 555
NTP-(City's response to Q&A at preposal mtg.) 06/15/23
Finish Design 01/21/24
Finsish construction 11/06/24
8/8/20239:48 AM Packet Pg. 212 Attachment: Harris Associates Fee Estimate for Program/CM Services for October 2023-February 2025 (2817 : Resolution No. 2023-60 Award Consulting Services Agreement between September 18, 2023 City of Gonzales and Harris Associates Page 1 of 13
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NON-EXCLUSIVE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF GONZALES

AND HARRIS ASSOCIATES TO PROVIDE PROJECT AND CONSTRUCTION MANAGEMENT

SERVICES ON THE COMMUNITY CENTER COMPLEX PROJECT
THIS AGREEMENT for consulting services is made by and between the City of Gonzales ("City") and Harris Associates ("Consultant") (together sometimes referred to as the "Parties") as of September 18, 2023 (the "Effective Date").

Section 1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 30, 2026, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. All work performed under this Agreement shall be authorized in advance and in writing by a specific Task Order prior to the commencement of services. Each Task Order shall describe the nature of the specific task or service to be performed by the Consultant, the estimated number of hours within which such task or service must be completed and the compensation for such task or service. Details shall include a description of the task or service which Consultant shall perform, the format and schedule for deliverables, the schedule of performance, and the schedule of compensation. Consultant shall not perform any task or service unless authorized by a fully executed Task Order. Consultant shall advise city staff in writing of any anticipated change in any task or service, fee or time schedule, and shall obtain city staff’s written consent to the change prior to making any changes.

1.5 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.

Packet Pg. 213 Attachment: Master Services Agreement with Harris Associates (2817 : Resolution No. 2023-60 Award Construction Management/Inspection Consulting Services Agreement between September 18, 2023 City of Gonzales and Harris Associates Page 2 of 13
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Section 2. COMPENSATION. The City will pay Consultant’s invoices under each authorized Task Order on an hourly not-to-exceed basis. The hourly rates in Exhibit B apply to all Task Orders. City shall pay Consultant for services rendered pursuant to this Agreement from deposits made by development applicants at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
 Serial identifications of invoices; i.e., Progress Bill No. 1 for the first invoice, etc.;  The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
 For each work item under each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
 The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
 Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.

2.2 Monthly Payment. City shall make payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. Notwithstanding, Consultant and City acknowledge that payment for Consultant’s services are fully dependent on development applicants’ deposits and that the Packet Pg. 214 Attachment: Master Services Agreement with Harris Associates (2817 : Resolution No. 2023-60 Award Construction Management/Inspection Consulting Services Agreement between September 18, 2023 City of Gonzales and Harris Associates Page 3 of 13
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timing of City’s invoice payment may be adversely impacted by inadequate applicant funds. City shall make a good -faith effort to ensure that all development applicant accounts are maintained at a level to cover Consultant’s anticipated costs.

2.3 <<Not Used>>

2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.

2.6 Reimbursable Expenses. Any reimbursable expenses are included in the authorized contract amount and shall be approved by city staff in advance.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Section 3. FACILITIES AND EQUIPMENT. Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement.

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to Packet Pg. 215 Attachment: Master Services Agreement with Harris Associates (2817 : Resolution No. 2023-60 Award Construction Management/Inspection Consulting Services Agreement between September 18, 2023 City of Gonzales and Harris Associates Page 4 of 13
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the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City.

Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.

4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an "occurrence" basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:

Packet Pg. 216 Attachment: Master Services Agreement with Harris Associates (2817 : Resolution No. 2023-60 Award Construction Management/Inspection Consulting Services Agreement between September 18, 2023 City of Gonzales and Harris Associates Page 5 of 13
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a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.
c. For any claims related to this Agreement or the work hereunder, the Consultant's insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of five years after completion of work under this Agreement.

Packet Pg. 217 Attachment: Master Services Agreement with Harris Associates (2817 : Resolution No. 2023-60 Award Construction Management/Inspection Consulting Services Agreement between September 18, 2023 City of Gonzales and Harris Associates Page 6 of 13
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d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.

4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy.

4.4 All Policies Requirements.

4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e., limit that is eroded by the cost of defense).

4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.

The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.

4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each Packet Pg. 218 Attachment: Master Services Agreement with Harris Associates (2817 : Resolution No. 2023-60 Award Construction Management/Inspection Consulting Services Agreement between September 18, 2023 City of Gonzales and Harris Associates Page 7 of 13
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subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach:
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
 Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with this Agreement, defend with counsel reasonably acceptable to City, indemnify, and hold City, its officers, employees, agents, and volunteers, harmless from and against claims to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, ("Claims"). Consultant will bear all losses, costs, damages, expense and liability to the extent they arise out of, pertain to, or relate to such Claims, whether directly or indirectly ("Liability"). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City or its officers, employees, agents and volunteers.

With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the Indemnitees.

Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System Packet Pg. 219 Attachment: Master Services Agreement with Harris Associates (2817 : Resolution No. 2023-60 Award Construction Management/Inspection Consulting Services Agreement between September 18, 2023 City of Gonzales and Harris Associates Page 8 of 13
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(PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant's Failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

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Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.

Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.

8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following:

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8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.

9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

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Section 10 MISCELLANEOUS PROVISIONS.

10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Monterey or in the United States District Court for the Northern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation Packet Pg. 223 Attachment: Master Services Agreement with Harris Associates (2817 : Resolution No. 2023-60 Award Construction Management/Inspection Consulting Services Agreement between September 18, 2023 City of Gonzales and Harris Associates Page 12 of 13
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for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant.

Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.9 Contract Administration. This Agreement shall be administered by the City’s Public Works Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

10.10 Notices. Any written notice to Consultant shall be sent to:

Frank Lopez, Vice President, Engineering
Harris & Associates
450 Lincoln Street, Suite 103
Salinas, CA 93901 .

Any written notice to City shall be sent to:

Mary Villegas, Administrative Specialist/Deputy City Clerk City of Gonzales
P.O. Box 647
Gonzales, CA 93926

10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

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Exhibit A Scope of Services
Exhibit B Rate Schedule

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.14 Non-Responsibility for General Contractor Responsibilities and Duties. Unless otherwise agreed by City and Consultant in writing, nothing in Consultant's services shall be construed to mean that Consultant assumes any of the contractual responsibilities or duties of the general contractor. The general contractor is solely responsible for construction means, methods, sequences and procedures used in the construction of a project and for related performance in accordance with its contract with the City. The general contractor shall not be relieved of its responsibility for the safety of the workplace or for the method or manner of construction. The Consultant and its personnel have no authority to exercise any control over or charge of acts or omissions of the general contractor or their employees in connection with the construction work.

The Parties have executed this Agreement as of the Effective Date.

CITY OF GONZALES HARRIS ASSOCIATES
Carmen Gil, City Manager Frank Lopez, Vice President
Attest:

Mary Villegas, Deputy City Clerk
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EXHIBIT A

SCOPE OF SERVICES
.

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Harris Associates scope of work will include:

1. Project Management
a. Provide and manage web based document management system b. Run internal coordination meetings (PM/CM staff and city staff) c. Arrange and chair DBE progress meetings
d. Track detailed action items (item status, ball-in-court, due date, etc) e. Utility provider coordination
f. Monitor design process including verify conformity to the Design Criteria Documents g. Support the city’s Community Engagement efforts:
i. Make presentations to City Council and other city boards ii. Participate in periodic Community Townhall meetings iii. Bilingual staff person (English/Spanish) for written materials and Townhall meetings
h. Update project schedule.
i. Monitor all expenditures and track various city monies and outside funding sources.

Includes managing cash flow for various expenses.
j. Grant management.
k. Ensure compliance with grant requirements including reporting l. Include monthly status reports with invoice
m. Collaborate with DBE team on value engineering
n. Review construction documents for quality assurance and quality control o. Coordinate Building Code Review between DBE Team and city’s building services consultant (4Leaf)

2. Construction Management/Inspection
a. Review and monitor RFIs and process submittals for conformance to design criteria documents
b. Review DBE’s schedule updates.
c. Track contract time
d. Coordinate Building inspections between DBE Team and city’s building services consultant e. Perform Site Civil inspections.
f. Coordinate specialty inspections
g. Labor compliance monitoring including Davis-Bacon wages and benefits h. Review and certify contractor progress payments
i. Prepare and/or review change orders or construction change directives j. Participate in punch walks of building and site
k. Inspect for substantial and final completion
l. Authorize minor changes that do not affect contract time or price m. Arrange for commissioning of completed buildings
n. Close-out project including preparation for grant funding audits and obtain copies of O&M manuals and warranties
o. Recommend project acceptance
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ing Services Agreement between September18,2023
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EXHIBIT B

RATE SCHEDULE
Packet Pg. 228 Attachment: Master Services Agreement with Harris Associates (2817 : Resolution No. 2023-60 Award Construction Management/Inspection City of Gonzales
Community Center Harris & Associates - Harris & Associates Rate Table Rate Table Position / Title Hourly rate range
2023
Principles $275 - 350
Project Directors $225 -283
Project Managers $185 - 273
Construction Managers $180 -262
Resident Engineers $185 - 260
Construction Engineers $139 - 221
Scheduling Engineers $170 - 245
Inspectors* $144 - 225
Technicians $108 - 180
Administrative $98 - 149
Labor Compliance $118 - 169
* - Inspectors working on publicly funded projects within the State of California will be paid prevailing wage rates established for that area.

Wage rate ranges escalate at 4% on January 1st.

City of Gonzales
Community Center
Packet Pg. 229 Attachment: Master Services Agreement with Harris Associates (2817 : Resolution No. 2023-60 Award Construction Management/Inspection City of Gonzales

COMMUNITY DEVELOPMENT DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: September 18, 2023
FROM: Taven Kinison Brown, Community Development Director THROUGH: Carmen Gil, City Manager
SUBJECT: Adoption of Ordinance No. 2023-140 Addition of New Chapter 11.56 - EV Charging Stations

RECOMMENDATION
It is recommended that the City Council conduct a public hearing, and after receiving any comment from the public or Council, adopt, waive reading and read by title only, Ordinance 2023-140, An Ordinance of the City Council of the City of Gonzales Amending Title 11-Building Regulations of the Gonzales City Code by the Addition of New Chapter 11.56 Streamlined Permitting Process for Electric Vehicle Charging Stations.

BACKGROUND
The Planning Commission on August 14, 2023, recommended in Resolution No. PC 2023-07 that the City Council consider and adopt the attached ordinance establishing procedures for expedited, streamlined procedures for permitting of electric vehicle charging stations.

On Tuesday, September 5, 2023, the City Council received a staff presentation, introduced Ordinance 2023-140, by title only and waived reading of the ordinance, and considered the Planning Commission’s recommendation to adopt the new ordinance.

In 2015, the State of California adopted Assembly Bill 1236 (2015, Chiu, codified as Government Code Section 65850.7), which requires local jurisdictions to adopt an ordinance to create an expedited, streamlined permitting process for electric vehicle charging stations. An electric vehicle charging station is any level of electric vehicle supply equipment station that delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. AB 1236 was followed by AB 970, adopted in 2021, AGENDA
ITEM
18 Packet Pg. 230
which adds specific binding timelines to the review period for the application for the installation of an electric vehicle charging station based on parking requirements and the size of the proposed electric vehicle charging station(s) (EVCS). The law was developed to further the availability of charging infrastructure to help drive the deployment of zero-emission vehicles. The rationale behind these laws is that the faster charging stations are installed, the sooner California’s air quality improves, greenhouse gas emissions are reduced, and local economic benefits are captured.

REVIEW AND ANALYSIS
AB 1236 and AB 970 apply to all charging station installations, including: Level 1, Level 2, and DC Fast Charging; public and private charging stations; light-, medium-, and heavy-duty electric vehicle charging stations; and stations that are installed as the accessory or primary use of a site. AB 1236 and AB 970 likewise apply to essential components and infrastructure necessary for charging station function. All cities and counties, including charter cities, in California, are required to comply with AB 1236 and AB 970. AB 970 shall become operative on January 1, 2022, for every city, county, or city and county with a population of more than 200,000 residents. This section shall apply beginning on January 1, 2023, for every city, county, or city and county with fewer than 200,000 residents.

Per the requirements of AB 1236, the streamlining process includes the establishment of a checklist containing objective requirements for the installation of an electric vehicle charging station and a process for electronic submittal of permit applications. The proposed checklist is provided in Exhibit A. The content of the checklist requires the permit applicant to check the features of the existing electrical service such as rating in amperes, system voltage, connected or calculated load, spare capacity in amperes, voltage and ampere rating of the electric vehicle supply equipment, circuit rating of the electric vehicle supply equipment, location of the electric vehicle supply equipment, if ventilation is/or is not required, and clearances of the charging equipment to comply with all applicable building and fire safety laws.

The checklist also assists the applicant in confirming that the location of the electric vehicle supply equipment will comply with any vehicle clearance requirements in the City’s Zoning Ordinance.

Government Code Section 65850.7 provides that the City’s checklist may be based on the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California:

Community Readiness Guidebook” of the Governor’s Office of Planning and Research.

The establishment of a streamlined permitting process for the installation of EV charging stations (EVCS) is in keeping with the intent of General Plan policies meant to improve air quality in the City. 2010 General Plan Goal HS-6 provides that the City will work to provide clean, healthy air for the residents of Gonzales as well as the reduction of greenhouse gases consistent with State law. This goal can be achieved in Gonzales by encouraging the implementation of a variety of measures to reduce dependency on gas-powered automobiles. Improving accessibility to EVCSs will serve to encourage the purchase and use of electric vehicles, thus reducing dependence on vehicles dependent on fossil fuels for operation.

Providing more charging opportunities by streamlining the process by which EVCSs may be installed will make owning and operating electric vehicles easier and more convenient, thus encouraging this alternative means of transportation. As such, it can be seen that the new Chapter 11.56 is consistent with the goals of the Gonzales General Plan.

ENVIRONMENTAL REVIEW (CEQA)
It can also be seen with certainty that there is no possibility that the proposed provisions of the new Gonzales City Code Chapter 11.56 will have a significant impact on the environment. The new provisions are administrative in nature, do not approve any specific physical development, and do not have the potential to result in individually or cumulatively significant effects on the environment. Therefore, the proposed amendments set forth in Chapter 11.56 are exempt from environmental analysis per California Environmental Quality Act Guidelines Section 15061(b)(3).

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How the 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: As more and more electric vehicles come into the fabric of society, the city will be prepared to accommodate new charging station proposals in an “over the counter” approach.

Even small-town charm can accommodate electric vehicles.

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: As more and more electric vehicles come into the fabric of society, the city will be prepared to accommodate new charging station proposals in an “over the counter” approach.

Even small-town charm can accommodate electric vehicles.

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: As more and more electric vehicles come into the fabric of society, the city will be prepared to accommodate new charging station proposals in an “over the counter” approach.

Even small-town charm can accommodate electric vehicles.

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

ALTERNATIVES
The City Council may direct that the City of Gonzales Zoning Table Matrix be revised to include EV charging Stations as permitted uses across all zones of the City. The City may want to require that new parking lots include a percentage of EV charging stations, and that additional areas be configured to accept new charging stations later should the necessity arise.

BUDGET IMPACT
None. Planning Division, Building Official, and administrative time will be incorporated into our daily standard operating regimes. Electrical and construction permits will offset inspection and correction notice expenses.

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CONCLUSION
It is recommended that the City Council Adopt Ordinance 2023-140, An Ordinance of the City Council of the City of Gonzales Amending Title 11-Building Regulations of the Gonzales City Code by the Addition of New Chapter 11.56 Streamlined Permitting Process for Electric Vehicle Charging Stations, with or without incorporating one or more of the alternative enhancements introduced above.

Attachments:

1. Planning Commission Resolution No. PC2023-07

2. Proof of Publication

3. Ordinance No. 2023-140 with Exhibit A
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Packet Pg. 234 Attachment: Planning Commission Resolution No. PC2023-07 (2813 : Ordinance No. 2023-140 (Adoption) Addition of New Chapter 11.56 - EV development, and do not have the potential to result in individually or cumulatively significant effects on the environment. Therefore, the proposed amendments set forth in Chapter 11.56 are exempt from environmental analysis per California Environmental Quality Act Guidelines Section 1506l{b)(3); and
WHEREAS, the Planning Commission recommends, based on the whole record, that the City Council approve the proposed Code Amendment adding Chapter 11.56.

NOW THEREFORE, the Planning Commission of the City of Gonzales recommends that based on the recitals set forth above, the City Council should adopt Ordinance 2023-140, a copy of which is attached hereto as Exhibit A and by this reference incorporated herein.

PASSED AND ADOPTED by the Planning Commission of the City of Gonzales at a meeting held on this 14th day of August 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST:

Mary Villegas, Deputy City Clerk
08 _ 14 _ 2023 PC Recommendation to City Council. Electric Vehicle Charging Stations

Packet Pg. 235 Attachment: Planning Commission Resolution No. PC2023-07 (2813 : Ordinance No. 2023-140 (Adoption) Addition of New Chapter 11.56 - EV Packet Pg. 236 Attachment: Proof of Publication (2813 : Ordinance No. 2023-140 (Adoption) Addition of New Chapter 11.56 - EV Charging Stations) ORDINANCE NO. 2023-140

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GONZALES AMENDING TITLE 11-BUILDING REGULATIONS OF THE GONZALES CITY CODE BY THE ADDITION OF NEW CHAPTER 11.56-STREAMLINED PERMITTING

PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS
WHEREAS, the State of California and the City of Gonzales have consistently promoted and encouraged the use of fuel-efficient electric vehicles; and WHEREAS, the State of California recently adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems; and
WHEREAS, the creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the City’s reliance on environmentally damaging fossil fuels; and WHEREAS, the Planning Commission held a noticed public hearing on August 14, 2023, to consider the proposed new Chapter 11.56 Streamlined Permitting Process for Electric Vehicle Charging Stations and found that it was consistent with the City’s General Plan. EV charging stations further the City’s goals and efforts to reduce greenhouse gas emissions, further the implementation of the City’s Climate Action Plan, and further efforts to reduce potential hazards and hazardous materials. The Planning Commission recommends, based on the whole record, that the City Council approve the proposed Code amendment adding Chapter 11.56; and WHEREAS, the City Council held a public hearing on September 5, 2023, and a noticed public hearing on September 22, 2023, to consider the proposed new Chapter 11.56 and found, based on the whole record, that Chapter 11.56 is consistent with the City’s General Plan, and WHEREAS, the proposed addition to the Gonzales City Code adds provisions that are administrative in nature, do not approve any physical development, and do not have the potential to result in individually or cumulatively significant effects on the environment, and therefore, the passage of this ordinance is exempt from California Environmental Quality Act (“CEQA”) review under the General Rule that CEQA only applies to projects with the potential to cause a significant effect on the environment - CEQA Guidelines Section 15061(b)(3).

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

Section 1. Recitals and Findings. All of the recitals set forth above are true and correct to the best of the Council’s knowledge and by this action are made findings and incorporated herein by reference.

Section 2. Title 11- Building Regulations of the Gonzales City Code is hereby amended by the addition of new Chapter 11.56- Streamlined Permitting Process for Electric Vehicle Charging Stations as follows:

Packet Pg. 237 Attachment: Ordinance No. 2023-140 with Exhibit A (2813 : Ordinance No. 2023-140 (Adoption) Addition of New Chapter 11.56 - EV Charging Chapter 11.56
Streamlined Permitting Process for Electric Vehicle Charging Stations Sections

11.56.010 - Purpose

11.56.020 - Definitions

11.56.030 - Expedited Permitting Process

11.56.040 - Electric Vehicle Charging Station Installation Requirements

11.56.050 - Permit Application Process

11.56.060 - Technical Review

11.56.010- PURPOSE.

The purpose of this Chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. The provisions of this Chapter have been prepared to comply with California Government Code Section 65850.7.

11.56.020- DEFINITIONS.

A. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built-in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this Chapter and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

B. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

C. “Electronic submittal” means the utilization of one or more of the following:

1. Electronic mail or email.

2. The internet.

3. Any other electronic submittal process as approved by the Building Official.

D. “Building Official” means the Building Official for the City of Gonzales and/or the Building Official’s designee.

11.56.030- EXPEDITED PERMITTING PROCESS.

Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with to be eligible for expedited review. The expedited, streamlined permitting process and checklist may Packet Pg. 238 Attachment: Ordinance No. 2023-140 with Exhibit A (2813 : Ordinance No. 2023-140 (Adoption) Addition of New Chapter 11.56 - EV Charging refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The City’s adopted checklist shall be published on the City’s website.

11.56.040- ELECTRIC VEHICLE CHARGING STATION INSTALATION REQUIREMENTS.

A. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.

B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all other applicable provisions of the California Electrical Code.

C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.

11.56.050- PERMIT APPLICATION PROCESS.

A. Prior to submitting an application for processing, an applicant shall verify that the installation of an electric vehicle charging station will not have a specific, adverse impact on public health and safety and building occupants. Verification by the applicant includes but is not limited to electrical system capacity and loads; electrical system wiring, bonding, and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.

B. The Building Department shall give priority review to an application for an electric vehicle charging station that meets the requirements of the City’s checklist. A permit application that satisfies the information requirements in the City’s adopted checklist, as determined by the Building Official, shall be processed as follows:

1. 1-25 station project at a single site: An EVCS application will be deemed complete if after 5 business days the Building Official has failed to make a determination that the application is complete or has issued a written deficiency notice that either:
a. Details all changes needed to make the application consistent with the City’s EVCS permitting checklist, or
Packet Pg. 239 Attachment: Ordinance No. 2023-140 with Exhibit A (2813 : Ordinance No. 2023-140 (Adoption) Addition of New Chapter 11.56 - EV Charging b. Identifies specific information necessary for the Building Official to conduct a limited review of whether the project meets all health and safety requirements. If the City has not yet created its checklist, the deficiency notice will be limited to the Building Official’s review of whether it meets all health and safety requirements of local, state, and federal law per AB 1236.

2. Twenty-six or more stations at a single site: The process described above is the same for applications including 26 or more EVCS at a site, except: an EVCS application will be deemed complete after 10 business days and will be deemed approved 40 business days after deemed complete.

C. When an applicant uses electronic submittal, the electronic signature of the applicant on all forms, applications, and other documentation may be used in lieu of a wet signature.

D. Upon confirmation by the Building Official that the permit application and supporting documents are complete and meet the requirements of the City’s adopted checklist, and that the permit is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits and authorizations. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. The applicant is responsible for obtaining such approval or permission from a local utility provider.

E. An inspection of the station(s) shall be required and performed by the Building Department. Once an applicant informs the Building Department that the electric vehicle charging station has been installed, the required inspection shall be completed as soon as practical. If the charging station fails the inspection, a subsequent inspection shall be required and conducted as soon as practical after any deficiency has been corrected.

11.46.060- TECHNICAL REVIEW.

A. It is the intent of this Ordinance to encourage the installation of electric vehicle charging stations by removing obstacles permitting charging stations so long as the action does not supersede the Building Official’s authority to address higher priority life-safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this Chapter, the City may require the applicant to apply for a use permit.

B. In the technical review of a charging station, consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

11.56.070- RIGHT OF APPEAL.

Any person having any record or legal interest in the charging station may appeal from any action or decision of the Building Official under this Chapter by filing an appeal to the Planning Packet Pg. 240 Attachment: Ordinance No. 2023-140 with Exhibit A (2813 : Ordinance No. 2023-140 (Adoption) Addition of New Chapter 11.56 - EV Charging Commission in accordance with the procedures set forth in Gonzales City Code Section 12.40 as amended.

Section 3. Severability. Every section, paragraph, clause, and phrase of this Ordinance is hereby declared severable. If, for any reason, any section, paragraph, clause, or phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining section, paragraphs, clauses, or phrases.

Section 4. CEQA. Approval of the code amendment herein is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments regarding building and related codes, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment.

Section 5. Effective Date. This Ordinance shall take effect thirty (30) days following its final passage. The City Clerk is directed to cause copies of this Ordinance to be posted or published as required by Government Code Section 36933.

This Ordinance was introduced and first read by the City Council of the City of Gonzales at a regular meeting on the 5
th of September 2023 and PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting on _______________________ by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Jose L. Rios, The Honorable Mayor
ATTEST:

Mary Villegas, Deputy City Clerk
Packet Pg. 241 Attachment: Ordinance No. 2023-140 with Exhibit A (2813 : Ordinance No. 2023-140 (Adoption) Addition of New Chapter 11.56 - EV Charging

CITY OF GONZALES

RESIDENTIAL AND NON-RESIDENTIAL

CHECKLIST FOR PERMITTING ELECTRIC VEHICLES

AND ELECTRIC VEHICLE SERVICE EQUIPMENT (EVSE)
Job Address: Permit No.
☐ Single-Family ☐ Multi-Family (Apartment) ☐ Multi-Family (Condominium) ☐ Commercial (Single Business) ☐ Commercial (MultiBusinesses) ☐ Mixed-Use ☐ Public Right-of-Way
Location and Number of EVSE to be Installed:

Garage ______ Parking Level(s) _____ Parking Lot _____ Street Curb _____
Description of Work:

Please complete the following information related to permitting and installation of Electric Vehicle Service Equipment (EVSE) as a supplement to the application for a building permit. This checklist contains the technical aspects of EVSE installations and is intended to help expedite permitting and use for electric vehicle charging.

Upon this checklist being deemed complete, a permit shall be issued to the applicant.

However, if it is determined that the installation might have a specific adverse impact on public health or safety, additional verification will be required before a permit can be issued.

This checklist substantially follows the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” contained in the Governor’s Office of Planning and Research “Zero Emission Vehicles in California: Community Readiness Guidebook” and is purposed to augment the guidebook’s checklist.

EXHIBIT A
Packet Pg. 242 Attachment: Ordinance No. 2023-140 with Exhibit A (2813 : Ordinance No. 2023-140 (Adoption) Addition of New Chapter 11.56 - EV Charging Applicant Name:

Applicant Phone & email:

Contractor Name: License Number & Type:

Contractor Phone & email:

Owner Name:

Owner Phone & email:

EVSE Charging Level: ☐ Level 1 (120V) ☐ Level 2 (240V) ☐ Level 3 (480V)
Maximum Rating (Nameplate) of EV Service Equipment = ___________ kW Voltage EVSE = ______ V Manufacturer of EVSE:
___________________________
Mounting of EVSE: ☐ Wall Mount ☐ Pole Pedestal Mount ☐ Other _____________
System Voltage:
☐ 120/240V, 1ϕ, 3W ☐ 120/208V, 3ϕ, 4W ☐ 120/240V, 3ϕ, 4W ☐ 277/480V, 3ϕ, 4W ☐ Other ________________
Rating of Existing Main Electrical Service Equipment = __________ Amperes Rating of Panel Supplying EVSE (if not directly from Main Service) = ________ Amps
Rating of Circuit for EVSE: __________ Amps / __________ Poles AIC Rating of EVSE Circuit Breaker (if not Single Family, 400A) = __________ A.I.C.
(or verify with Inspector in field)

EXHIBIT A
Packet Pg. 243 Attachment: Ordinance No. 2023-140 with Exhibit A (2813 : Ordinance No. 2023-140 (Adoption) Addition of New Chapter 11.56 - EV Charging Specify Either Connected, Calculated or Documented Demand Load of Existing Panel:
• Connected Load of Existing Panel Supplying EVSE = __________ Amps • Calculated Load of Existing Panel Supplying EVSE = __________ Amps • Demand Load of Existing Panel or Service Supplying EVSE = _________ Amps
(Provide Demand Load Reading from Electric Utility)
Total Load (Existing plus EVSE Load) = __________ Amps
For Single Family Dwellings, if Existing Load is not known by any of the above methods, then the Calculated Load may be estimated using the “Single-Family Residential Permitting Application Example” in the Governor’s Office of Planning and Research “Zero Emission Vehicles in California: Community Readiness Guidebook” https://www.opr.ca.gov
EVSE Rating __________ Amps x 1.25 = __________ Amps = Minimum Ampacity of EVSE Conductor = # __________ AWG
For Single-Family: Size of Existing Service Conductors = # __________ AWG or kcmil
- or - : Size of Existing Feeder Conductor
Supplying EVSE Panel = # __________ AWG or
kcmil
(or Verify with Inspector in the field)
I hereby acknowledge that the information presented is a true and correct representation of existing conditions at the job site and that any causes for concern as to life-safety verifications may require further substantiation of information.

Signature of Permit Applicant: ____________________ Date: _______________

EXHIBIT A
Packet Pg. 244 Attachment: Ordinance No. 2023-140 with Exhibit A (2813 : Ordinance No. 2023-140 (Adoption) Addition of New Chapter 11.56 - EV Charging City of Gonzales

CITY ATTORNEY

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: September 18, 2023
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, City Manager
SUBJECT: Ordinance No. 2023-141 - Authorizing the Purchase and Use of an Unmanned Aerial System (Drone) and Making Findings in Compliance with Gonzales Police Department Policy Manual 709-Military Equipment

RECOMMENDATION
It is recommended that the City Council consider and then waive reading, introduce and read by title only Ordinance No. 2023-141, An Ordinance of the City Council of the City of Gonzales Authorizing the Purchase and Use of an Unmanned Aerial System (Drone) and Making Findings in Compliance with Gonzales Police Department Policy Manual 709-Military Equipment.

BACKGROUND
Government Code Section 7071 et seq. codifies Assembly Bill 481 and requires legislative bodies to adopt ordinances approving the purchase and use of military equipment. This process is a little out of the ordinary as cities are usually not required to adopt policies by ordinance.

On June 20, 2022, the Gonzales City Council adopted Ordinance 2022-131 approving Gonzales Police Department Policy Manual Policy 709-Military Equipment which included an inventory of the Department’s limited amount of military equipment and procedures for use and maintenance of the same.

Policy 709 basically establishes a military equipment use policy that is consistent with the Department’s current practices, complies with the requirements of the Government Code, ensures regulation and compliance with AB 481 on an ongoing basis, and provides a means for community engagement and transparency regarding the use of military equipment. As required by law, on July 17, 2023, the City Council adopted Resolution No. 2023-54 which accepted the Police Department’s first “Fiscal Year Annual Military Equipment Use Report” and renewed Ordinance 2022-131 for another year.

AGENDA
ITEM
19 Packet Pg. 245

REVIEW & ANALYSIS
Pursuant to Government Code Section 7071, a law enforcement agency must obtain the City Council’s approval, by ordinance, prior to acquiring military equipment. The Gonzales Police Department has indicated its desire to purchase an “Unmanned Aerial System,” commonly known as a “drone.” Under the provisions of Government Code Section 7070 and Gonzales Police Department Policy 709, Section 709.1, “unmanned remotely piloted aerial vehicles” are considered military equipment. As the Council will recall, there was some discussion concerning the benefits of having a drone after the 2023 4th of July holiday when the Police Department’s ability to monitor widespread illegal firework use throughout the City was hampered by a limited numbers of enforcement personnel.

The Unmanned Aerial System in question consists of a DJI Matrice 30T Basic Combo package to be purchased from General Pacific Inc. The drone is equipped with thermal and high zoom camera capability, features the Department believes are necessary for effective use. The purchase would also include accessories necessary for the drone’s use, such as a remote-control console, battery and charger, and also includes training and customer assistance. Based on the quote from General Pacific, the cost of the drone and attendant equipment, training, and technical assistance is $11,441, not including applicable sales tax and shipping. See Attachment A- General Pacific Inc. Quote.

The Police Department will use the equipment in accordance with Gonzales Police Department Policy 609, a copy of which is attached hereto as Attachment B, to enhance the Department’s mission to protect lives and property when other means and resources are not available or might be less effective. Proposed uses include enforcement efforts during holidays, locating missing persons, coordinating City responses during emergencies (fires, floods, pursuits), and assistance during the service of warrants. In using the drone, the Department will comply with all Gonzales Police Department Policies and relevant laws concerning Constitutional guarantees and privacy rights, as well as Federal Aviation Administration regulations. An FAA Part 707 license is required to operate the system and the Department currently has an officer set to take the licensing examination within the next several weeks. Finally, it should be noted that use of the drone will be overseen by the Chief of Police as the City’s Military Equipment Coordinator.

While Section 3.16.050 of the Gonzales City Code requires that purchases in excess of $5,000 be made by bid procedures, an exception is provided in Section 3.16.050 A.3. when the involved equipment can only be obtained from one vendor. In the instant case, Staff believes that this exception is applicable as General Pacific, Inc. is the only vendor selling the Matrice 30T Drone, which has the highest 640x512 Radiometric Thermal and 48 MP zoom camera capability desired by the Department.

Staff has prepared an Ordinance for Council’s consideration that after incorporating the facts set forth above, authorizes and directs the City Manager to execute a purchase order for the DJI Matrice 30T Basic Combo package for a drone, controller, and attendant equipment, as well as a training and customer service program from General Pacific Inc. for a cost not to exceed $12,000. A contingency amount was added to the price quote received from General Pacific to cover taxes, shipping and any unexpected or anticipated costs. The Ordinance also directs the Police Department’s Military Equipment Coordinator to incorporate this purchase, information concerning the use of the equipment, and other relevant data in the Police Department’s Fiscal Year 2023-2024 Annual Military Equipment Use Report.

Ordinance No. 2023-141 is before the Council this evening for waiver of reading, introduction, and reading by title only. If approved, the Ordinance would come back to the Council on October 2 for consideration of adoption and be in effect thirty days thereafter.

Approval of the Ordinance is exempt from environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects Packet Pg. 246
that have the potential for causing a significant effect on the environment. As a purchase of equipment for law enforcement purposes, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment.

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

Explain: The proposed purchase and use of an unmanned aerial system will assist the Police Department’s efforts to maintain the health, safety and well-being of the citizens of Gonzales.

Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ____ No____ N/A
Explain: Providing the Police Department with tools that will enhance its efforts to maintain safety and order in the City will have a positive impact on the quality of life in the City.

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

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

ALTERNATIVES
a. Do not introduce the ordinance for purchase of an Unmanned Aerial System.

b. Do not introduce the ordinance for purchase of an Unmanned Aerial System and provide staff with direction for modification of the ordinance or further research.

BUDGET IMPACT
Funding for the proposed purchase will come from the Police Department’s Fiscal Year 23/24 Budget and a $7,500 subsidy Chief Wise obtained from the Monterey Bay Area Self Insurance Authority.

CONCLUSION
It is recommended that the City Council consider and then waive reading, introduce and read by title only Ordinance No. 2023-141, An Ordinance of the City Council of the City of Gonzales Authorizing the Packet Pg. 247
Purchase and Use of an Unmanned Aerial System (Drone) and Making Findings in Compliance with Gonzales Police Department Policy Manual 709-Military Equipment.

Attachments:

1. Police Dept Unmanned Aerial System Policy

2. Price Quote from General Pacific, Inc.

3. Ordinance No. 2023-141
Packet Pg. 248
Packet Pg. 249 Attachment: Police Dept Unmanned Aerial System Policy (2824 : Ordinance No. 2023-141 (Introduction) Purchase & Use of an Unmanned Aerial Packet Pg. 250 Attachment: Police Dept Unmanned Aerial System Policy (2824 : Ordinance No. 2023-141 (Introduction) Purchase & Use of an Unmanned Aerial Packet Pg. 251 Attachment: Police Dept Unmanned Aerial System Policy (2824 : Ordinance No. 2023-141 (Introduction) Purchase & Use of an Unmanned Aerial Packet Pg. 252 Attachment: Price Quote from General Pacific, Inc. (2824 : Ordinance No. 2023-141 (Introduction) Purchase & Use of an Unmanned Aerial Packet Pg. 253 Attachment: Price Quote from General Pacific, Inc. (2824 : Ordinance No. 2023-141 (Introduction) Purchase & Use of an Unmanned Aerial ORDINANCE NO. 2023-141

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GONZALES

AUTHORIZING THE PURCHASE AND USE OF AN UNMANNED AERIAL SYSTEM (DRONE) AND MAKING FINDINGS IN COMPLIANCE WITH GONZALES POLICE DEPARTMENT POLICY MANUAL POLICY 709-MILITARY EQUIPMENT
WHEREAS, Government Code Section 7071 et seq. codifies Assembly Bill 481 and requires legislative bodies to adopt ordinances approving the purchase and use of military equipment; and
WHEREAS, on June 20, 2022, the Gonzales City Council adopted Ordinance 2022-131 approving Gonzales Police Department Policy Manual Policy 709- Military Equipment which included an inventory of the Police Department’s limited amount of military equipment and procedures for use and maintenance of the same; and
WHEREAS, Gonzales Police Department Policy Manual Policy 709 establishes a military equipment use policy that is consistent with the Police Department’s current practices, complies with the requirements of the Government Code, ensures ongoing regulation and compliance with AB 481, and will continue to provide a means of community engagement and transparency regarding the use of military equipment by the Department; and WHEREAS, on July 17, 2023, the City adopted Resolution No. 2023-54 accepting the Police Department’s Fiscal Year 2022-2023 Annual Military Equipment Use Report and renewing Ordinance 2022-131 for another year; and
WHEREAS, the Gonzales Police Department wishes to purchase an “Unmanned Aerial System,” commonly known as a “drone”; and
WHEREAS, pursuant to Government Code Section 7070 and Gonzales Police Department Policy Manual Policy 709, Section 709.1, “unmanned remotely piloted aerial vehicles” are considered military equipment; and
WHEREAS, additionally, pursuant to Government Code Section 7071, a law enforcement agency must obtain approval of the City Council by ordinance prior to acquiring military equipment.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GONZALES DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Findings. All of the recitals set forth above are true and correct and by this reference are adopted as findings of the City Council as though set forth in full within the body of this ordinance.

Packet Pg. 254 Attachment: Ordinance No. 2023-141 (2824 : Ordinance No. 2023-141 (Introduction) Purchase & Use of an Unmanned Aerial System (Drone)) Section 2. Acceptance of Police Department Representations. The City Council acknowledges receipt of and accepts the following representations from the Gonzales Police Department concerning the Department’s proposed acquisition and use of an Unmanned Aerial System:

1. The Police Department desires to purchase an Unmanned Aerial System consisting of a DJI Matrice 30T Basic Combo package for a drone, controller, and attendant equipment.

The drone will have thermal and high zoom camera capability.

2. The Department will use the equipment in accordance with Gonzales Police Department Policy 609-Unmanned Aerial System, to enhance the Department’s mission of protecting lives and property when other means and resources are not available or are less effective.

Proposed uses include enforcement efforts during holidays, locating missing persons, coordinating City responses during emergencies (fires, floods, pursuits), and assistance during the service of warrants.

3. The cost of the drone and attendant equipment, training and technical assistance, is $11,441, not including applicable sales tax and shipping.

4. In using the drone, the City will comply with all Gonzales Police Department Policies and relevant laws concerning Constitutional guarantees and privacy rights, as well as Federal Aviation Administration regulations.

5. A FAA Part 707 license is required to operate the system and the Department currently has an officer set to take the licensing examination within the next several weeks.

6. Use of the drone will be overseen by the Chief of Police as the City’s Military Equipment Coordinator.

7. Complaints or concerns about the use of the drone can be made to the City pursuant to Section 709.10 of Policy 709.

Section 3. Approval of Purchase. After due consideration of the Police Department’s Request, any public comment provided on the matter, and the representations set forth in this ordinance, the City Council approves the purchased of an Unmanned Aerial System, including a drone and attendant equipment, from General Pacific, Inc. for a cost not to exceed Twelve Thousand Dollars ($12,000.00), and hereby authorizes and directs the City Manager to execute a purchase order and/or any other related documents associated with the purchase of said equipment. A copy of the Quote from General Pacific is attached hereto as Exhibit A. Although Section

3.16.050 of the Gonzales City Code requires that purchases in excess of $5,000 be made by bid procedures, an exception is provided in Section 3.16.050 A.3. when the involved equipment can only be obtained from one vendor. In the instant case, the Council finds that this exception is applicable as General Pacific is the only vendor selling the Matrice 30T Drone, which has the highest 640x512 Radiometric Thermal and 48 MP zoom camera capability desired by the Department.

Section 4. Post Purchase Responsibilities. The Military Equipment Coordinator and Staff are directed to incorporate this purchase, information concerning the use of the equipment, and other relevant data in the Police Department’s Fiscal Year 2023-2024 Annual Military Equipment Use Report.

Packet Pg. 255 Attachment: Ordinance No. 2023-141 (2824 : Ordinance No. 2023-141 (Introduction) Purchase & Use of an Unmanned Aerial System (Drone)) Section 5. Severability. Every section, paragraph, clause, and phrase of this Ordinance is hereby declared severable. If, for any reason, any section, paragraph, clause, or phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining section, paragraphs, clauses, or phrases.

Section 6. CEQA. Approval of this ordinance is exempt from environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a purchase of equipment for law enforcement purposes, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment.

Section 5. Effective Date. This Ordinance shall take effect thirty (30) days following its final passage. The City Clerk is directed to cause copies of this Ordinance to be posted or published as required by Government Code Section 36933.

This Ordinance was introduced and first read by the City Council of the City of Gonzales at a regular meeting on the 18th of September, 2023 and PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting on _____________by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Jose L. Rios, The Honorable Mayor
ATTEST:

Mary Villegas, Deputy City Clerk
Packet Pg. 256 Attachment: Ordinance No. 2023-141 (2824 : Ordinance No. 2023-141 (Introduction) Purchase & Use of an Unmanned Aerial System (Drone))