(f) Public Works Improvement Plan Review.
Together, Sections 1(a)-(h) shall be referred to as the “CITY Work”.
2. Reimbursement Deposit.
The APPLICANT has deposited, or will deposit upon execution of this Agreement, with the CITY the sum of Twenty-Five Thousand Dollars ($25,000) (“Reimbursement Deposit”). The Reimbursement Deposit shall be held by CITY in a segregated account and applied by CITY to the payment of all Reimbursable Expenses associated with the Project as referenced in Paragraph A, as they accrue. The APPLICANT acknowledges that costs associated with CITY Work may exceed the Reimbursement Deposit. The CITY agrees to keep an account of all disbursements from the Reimbursement Deposit and will provide to APPLICANT a detailed statement accounting of charges being paid out of the deposited funds on a quarterly basis.
If at any time the Reimbursement Deposit is reduced to Five Thousand ($5,000) or less, the CITY shall immediately notify APPLICANT in writing, and APPLICANT shall, within thirty (30) working days after receipt of a written request from the CITY, make an additional deposit of funds sufficient to pay all encumbered and estimated city staff and consultant costs.
The APPLICANT further agrees that non-payment for processing and/or deposits entitles the CITY to discontinue the CITY Work. Interest will accrue on all sums unpaid thirty (30) days after billing at the maximum legal rate, and the CITY is entitled to recover its costs, including attorney’s fees, in collecting unpaid accounts.
Within sixty (60) calendar days after the completion of all CITY Work contemplated by this Agreement, the CITY will return to APPLICANT, without interest, all funds remaining on deposit after payment of all Reimbursable Expenses.
The PARTIES acknowledge that deposits to the Reimbursement Deposit is not a “source of income” within the meaning of the California Political Reform Act. (Government Code Section 87102.6.)
3. Indemnification and Hold Harmless Commitments
The APPLICANT agrees, to the fullest extent authorized by law, to defend, hold harmless and indemnify the CITY and its elected and appointed officials, officers, employees, agents and attorneys from and against all claims, liability, costs, expenses, loss or damages of any nature whatsoever, including reasonable attorney’s fees, fines and penalties, arising out of or in any way connected with CITY’s failure to perform its obligations under this Agreement, excluding the willful misconduct or the gross negligence of the CITY.
The APPLICANT further agrees that the CITY may use its own legal staff or outside counsel in connection with the defense of any of the CITY’s processing or approval efforts for the Project, and that all such costs shall be fully reimbursed by APPLICANT , provided APPLICANT has elected to proceed with the Project in light of any action brought against the CITY related to the Project.
In the event APPLICANT elects not to proceed with the Project as the result of any such action, APPLICANT shall only be responsible for those costs, including but not limited to legal fees, incurred through the date APPLICANT has notified the CITY that it elects not to proceed with the Project. CITY agrees to cooperate with APPLICANT in said defense of any action, at APPLICANT ’s cost and shall promptly notify APPLICANT of any such claim, action or proceeding. If CITY fails to promptly notify APPLICANT of any such claim, action or proceeding, or fails to cooperate in the defense thereof, APPLICANT shall not thereafter Packet Pg. 137 Attachment: Reimbursement Agreement with D’Arrigo Bros. of California (2830 : Reimbursement Agreement with D’Arrigo – H2A Workforce
be responsible to defend, indemnify or hold the CITY harmless.
4. Nature of Commitments
Execution of this Agreement shall in no way be deemed a covenant, promise or commitment by either the CITY or APPLICANT to enter into any subsequent Project-related agreement or to any specific Projectrelated obligation(s). Additionally, CITY makes no representations, promises, or guarantees with respect to the approval of any application or agreement generated pursuant to this Agreement submitted for discretionary approval by any legislative body of the City or any other entity with jurisdiction over the CITY Work.
5. Termination
This Agreement may be terminated for any reason by either party upon thirty (30) calendar days written notice of termination. The APPLICANT’s obligation to reimburse the CITY pursuant to this Agreement shall survive such termination and shall be valid and enforceable even in the event (i) the Project is withdrawn from the CITY’s consideration by APPLICANT, or (ii) the Project is ultimately disapproved by any entity with jurisdiction over the Project or abandoned by APPLICANT.
In the event either party provides notice of termination of this Agreement, APPLICANT agrees that all funds on deposit may be used by the CITY to reimburse the CITY for all outstanding Reimbursable Expenses incurred by the CITY for the CITY Work or the CITY’s consultants for CITY Work completed as of the effective date of such notice. Any remaining balance will be returned to APPLICANT, along with an accounting of all final disbursements, within thirty (30) days of termination.
6. Notices.
All notices, including but not limited to Written Notice of Termination, shall be sent by mail, postage prepaid, and written invoices, and other correspondence, shall be sent by either mail or e-mail, to the parties as follows:
If to CITY:
Taven M. Kinison Brown
Community Development Director
City of Gonzales
P.O. Box 647 / 147 Fourth Street
Gonzales, CA 93926
Email: [email protected]
If to the APPLICANT
D’Arrigo Bros. Co of California
12 Thomas Owens Way, Ste 200
Monterey, CA 93940
7. California Law and Attorney’s Fees
This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event of any dispute, contest, arbitration or litigation between the PARTIES, the prevailing party in such dispute, contest, arbitration, or litigation shall be fully reimbursed by the other party for all costs, including reasonable attorneys’ fees, court costs, expert or consultant’s fees and reasonable travel and lodging expenses, incurred by the prevailing party in its successful prosecution or defense thereof, including any Packet Pg. 138 Attachment: Reimbursement Agreement with D’Arrigo Bros. of California (2830 : Reimbursement Agreement with D’Arrigo – H2A Workforce
appellate proceedings.
8. Successors and Assigns
This Agreement and all of its provisions shall bind the heirs, legal representatives, successors and assigns of APPLICANT.
9. No Agency. Joint Venture or Partnership
It is understood that the APPLICANT is not an agent of the CITY. The CITY and the APPLICANT hereby renounce the existence of any form of joint venture or partnership between them and agree that nothing contained herein or in any documents executed in connection therewith shall be construed as making the CITY and APPLICANT joint venturers or partners.
10. Severability
If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement shall continue in full force and effect unless amended or modified by mutual consent of the PARTIES. Notwithstanding the foregoing, if any material provision of this Agreement, or the application of such provisions to a particular situation, is held to be invalid, void, or unenforceable, either the CITY or the APPLICANT may terminate this Agreement according to the termination provisions herein.
11. Execution
This Agreement shall be executed by authorized representatives of the CITY and APPLICANT. The persons executing this Agreement represent that they have the express authority to enter into agreements on behalf of the CITY and APPLICANT.
The terms and conditions of this Agreement are meant to supersede and supplant any and all other agreements between the parties, either oral or written, with respect to the subject matter established herein.
CITY OF GONZALES AVILA CONSTRUCTION
_________________________ ______________________________ Carmen Gil, City Manager Signer for D’Arrigo Bros. Co., of California Date: ___________ Date:_______________
Approved as to form:
Jarvis Fay & Gibson, LLP
Attorneys for the City of Gonzales
_____________________________
Michael F. Rodriquez, City Attorney
Date: ______________
Packet Pg. 139 Attachment: Reimbursement Agreement with D’Arrigo Bros. of California (2830 : Reimbursement Agreement with D’Arrigo – H2A Workforce City of Gonzales
CITY MANAGER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: October 2, 2023
FROM: Carmen Gil, City Manager
SUBJECT: Resolution No. 2023-64
RECOMMENDATION
It is recommended the City Council consider approval of Resolution No. 2023-64, A Resolution of the City Council of the City of Gonzales Rejecting All Proposals Received by the Cities of Gonzales, Soledad, Greenfield, and King (Cities) to Select a Qualified Contractor to Collect Solid Waste, Recyclables, and Organic Waste within the Boundaries of Each City as a Single Franchise Collection Zone; and direct staff to enter into discussions with the South Monterey County incumbent waste haulers, Tri-Cities Disposal & Recycling and Waste Management, for an extension of their current franchise agreements.
BACKGROUND
The Cities of Gonzales, Soledad, and Greenfield, have a joint Revised and Restated Franchise Agreement (Agreement) with Tri-Cities Disposal and Recycling, Inc., (TCD) for the subject services that is due to expire on June 30, 2025. The City of King has a franchise agreement with Waste Management for the same services that is also due to expire on the same date. This contract term alignment allowed all South Monterey County Cities to jointly solicit competitive bids and evaluate service proposals and select the proposal that best serves the Cities’ needs. The proposals were received and reviewed by the evaluation committee made up of the South Monterey County city managers and their designated staff, coordinated by the Cities’ franchise administrator Salinas Valley Solid Watse Authority (SVSWA).
The joint RFP was designed to attract competitive bids and rates due to the increased economies of scale.
The RFP intended to select a contractor to provide uniform collection services for all four cities with some customizable options for each of the cities, such as waste transfer options, billing structure, and other additional services, including providing increased commercial bin recycling capacity equivalent to each customer’s weekly garbage capacity.
AGENDA
ITEM
11 Packet Pg. 140
REVIEW AND ANALYSIS
On June 30, 2023, SVSWA received proposals from three companies. SVSWA compiled the proposals’ data for analysis by the RFP evaluation team. The proposals’ rates were compared to the equivalent services at the current contract rates and the results were not favorable resulting in significantly higher costs. In brief, the proposal rates ranged from an average of 33% to 55% increase in certain customer service rates, with some services reaching almost 100% increase.
After review and analysis of the proposals, the evaluation team unanimously reached consensus to reject all proposals based on the overall increased costs to customers from each of the proposers. Although the proposed contract included enhancement services, (mostly to the City of King, the other cities would be receiving about the same services) the RFP did not meet the overarching goal of reducing customer rates based on the increased economies of scale. Waste Management also submitted an unsolicited proposal for servicing King City only which had slightly lower rates than their 4-City proposal, but after further evaluation of that proposal by the city manager, the recommendation is to reject that proposal as well due to the considerable increase in costs to customer rates.
The proposals received were from the following companies:
• GreenWaste Recovery, LLC
• Recology, Inc.
• USA Waste of California, Inc. (Waste Management)
In consideration of the timeline and the current contract expiring on June 30, 2025, staff requests authorization from City Council to enter into discussions with both of the incumbent South Monterey County franchise haulers for a potential contract extension.
Explain Recommendation and How it Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.
Explain: Rejection of the proposals demonstrates collaboration with the neighboring cities to secure waste collection services that include compliance with new State regulations for cleaner and safer communities.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.
Explain: This action will allow the city to further re-revaluate other waste and recyclables collection options that are in the best interest of the community.
City services will be delivered in a cost-effective, respectful, and friendly manner to insure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.
Explain: This action will allow the city to evaluate the two incumbent south county waste haulers’ costs and determine best options for community residents and businesses.
Strong fiscal policies allow us to provide appropriate infrastructure for:
Packet Pg. 141
• Public Safety X Yes No NIA
• Housing X Yes No NIA
• Recreation X Yes No NIA
• Environment X Yes No NIA
• Education X Yes No NIA
Explain: Waste and Recyclables Collection Services are part of the critical infrastructure needed for the community.
ALTERNATIVES
Alternative 1 – The City Council could approve staff’s recommendation.
Alternative 2 - The City Council could ask to negotiate exclusively with a single South Monterey County franchise hauler, i.e., either Tri-Cities Disposal & Recycling or Waste Management.
Alternative 3 - The City Council could direct staff to prepare a new Request for Proposals for the City individually.
Alternative 4 – The City Council could provide staff with other direction.
BUDGET IMPACT
There are no additional costs anticipated with approval of staff recommendation, other than administrative and legal support expenses to pursue a contract option prior to the expiration of the current contract term.
CONCLUSION
It is recommended the City Council Consider approval of Resolution No. 2023-64, A Resolution of the City Council of the City of Gonzales Rejecting All Proposals Received by the Cities of Gonzales, Soledad, Greenfield, and King (Cities) to Select a Qualified Contractor to Collect Solid Waste, Recyclables, and Organic Waste within the Boundaries of Each City as a Single Franchise Collection Zone; and direct staff to enter into discussions with the South Monterey County incumbent waste haulers, Tri-Cities Disposal & Recycling and Waste Management, for an extension of their current franchise agreements.
Attachments:
1. Resolution No. 2023-64
Packet Pg. 142
RESOLUTION NO. 2023-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
REJECTING ALL PROPOSALS RECEIVED BY THE CITIES OF GONZALES,
SOLEDAD, GREENFIELD, AND KING (CITIES) TO SELECT A QUALIFIED
CONTRACTOR TO COLLECT SOLID WASTE, RECYCLABLES, AND ORGANIC
WASTE WITHIN THE BOUNDARIES OF EACH CITY AS A SINGLE FRANCHISE
COLLECTION ZONE
WHEREAS, the City Council of the City of Gonzales authorized the Salinas Valley Solid Waste Authority to release for a Request for Proposals on behalf of the City of Gonzales due on June 30, 2023; and,
WHEREAS, three proposals were received and evaluated; and, WHEREAS, the received proposals provided overall higher than expected customer rates; and,
NOW, THEREFORE, BE IT RESOLVED, BY CITY COUNCIL OF THE CITY OF GONZALES that the City Manager is hereby authorized and directed for, and on behalf of, the City Council of the City of Gonzales to reject all proposals received on June 30, 2023; and, BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed for, and on behalf of, the City of Gonzales to carry out all that is necessary to give effect to that direction.
PASSED AND ADOPTED by the City Council of the City of Gonzales this 2 nd day of
October, 2023 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. 143 Attachment: Resolution No. 2023-64 (2834 : Resolution No. 2023-64 Rejecting Proposals by Cities for Solid Waste Contractor) City of Gonzales
FINANCE DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: October 2, 2023
FROM: Mike Howard, Finance Director
THROUGH: Carmen Gil, City Manager
SUBJECT: Consider a Parcel Tax to Support Fire Services
RECOMMENDATION
It is recommended that the City Council of the City of Gonzales receive the staff report and provide direction to staff regarding a potential Parcel Tax to support fire services in the City of Gonzales.
BACKGROUND
Historically, the City of Gonzales has had a Volunteer Fire Department at a cost of just over $300,000 annually. At that time, the City had sufficient revenue sources to support the Volunteer Fire Department program. Jason Mucio was originally hired as the first full-time Fire Fighter in 2007, working day shifts and volunteers covered other shifts.
In 2015, the City hired an additional full-time Fire Fighter to help with shift coverage. This lasted for about three years.
In 2018, the City hired two additional full-time Fire Fighters and Jason Muscio was promoted to Fire Chief. With the additional two new Fire Fighters, the City now had one full-time Fire Fighter on each shift with volunteers filling in the other shifts for coverage.
In 2020 through 2021, the Volunteer Fire Fighter program began to dwindle, and coverage of shifts became an issue. Overtime costs began to escalate to cover the necessary shifts. In 2020, the City filled three part-time Fire Fighter positions and in 2021, it became necessary to convert the three part-time positions to full-time positions. At this point, the City now has six full-time Fire Fighter positions.
AGENDA
ITEM
12 Packet Pg. 144
All of the above took place with no additional funding sources to support the expansion of the Fire Department. Current costs to staff the Fire Department is approximately $1,100,000. This has been a gradual increase in cost of $800,000 annually with no additional funding sources.
In FY 21/22, the Measure K Committee recommended, and City Council approved to fund $100,000 for the Fire Department positions. In FY 22/23 the funding contribution increased to $200,000; and currently in FY 23/24, Measure K is providing $250,000 to help cover the Fire Department costs. Even with the contributions from Measure K, the City is left with a funding gap of $550,000. The allocations from Measure K were not intended to be a long-term commitment. In order to maintain a full functioning Fire Department in the City of Gonzales, it is essential that the City find new revenue sources to fund this essential public safety function.
REVIEW AND ANALYSIS
Staff have explored options to generate additional revenues to fund the full-time Fire Department.
Alternatives explored were an additional .5% Sales Tax that would be dedicated to the support of the Fire Department. Such a measure would generate about $830,000 annually and would require a 2/3 vote by the voters. A sales tax measure would fluctuate with the economy and revenues would go up and down accordingly.
Another alternative is a Parcel Tax for fire services. The City of Greenfield adopted this approach when the Greenfield Fire Protection District was no longer able to operate, and the City was faced with not having a source for fire services. A Parcel Tax would be added to the property owners annual tax bill.
Staff is recommending a Parcel Tax to support fire services. For the purposes of this discussion, the City has used the City of Greenfield’s Parcel Tax model for fire services. This model would potentially generate more than $425,000 on an annual basis to the City of Gonzales. This number would also grow as the City grows and new homes are constructed. The parcel tax, using the City of Greenfield model, would range from $93.18 to $219.23 per parcel. Commercial and industrial parcels have an additional charge of .07 per building square foot. Impact to resident and commercial parcel tax owners would be as follows:
Single Family Residential Parcel $219.24
Multi-Family Parcel $164.42 (per unit)
Non-Residential Parcel $93.18 - $219.23 plus $.07 per building sq ft.
It is recommended that a parcel tax model also have an inflationary provision to increase on an annual basis based on a pre-determined formula such as CPI. An inflationary provision will ensure that future cost increases such as salaries, benefits, and supplies will be covered. The passage of a Parcel Tax would require a 2/3 vote of the voters to pass.
The Fire Department is funded fully by the General Fund. Over the past several years, the General Fund’s reserves have been depleted by these additional costs with no new revenue sources to pay for them. The Fire Department is a vital service to the City of Gonzales and therefore we need to find ways to pay for the service. The General Fund, Fund Balance (reserves), has gone from just under $2,500,000 in 2018 to below $800,000 currently.
Explain Recommendation and How it Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.
Packet Pg. 145
Explain: A Parcel Tax for fire services will generate revenue for the City to fund the new fulltime fire department.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ___No ___ NA
Explain: Please see explanation above for the Vision.
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 _ NA Explain: Please see explanation above for the Vision.
Strong fiscal reporting allows us to provide appropriate resources for:
• Public Safety X Yes No N/A
• Housing Yes No X N/A
• Recreation Yes No X N/A
• Environment X Yes No N/A
• Education Yes No X N/A
Explain: A stable organization is needed to ensure a high level of service necessary to promote public safety for the community and to maintain the City’s infrastructure.
ALTERNATIVES
• Direct staff to pursue the option of a Parcel Tax for fire services. • Direct staff to explore other revenue generating sources. • Direct staff to do nothing.
BUDGET IMPACT
The adoption of a Parcel Tax for fire services could potentially generate $425,000 annually. This will not cover the entire funding gap but would provide a significant revenue source to ensure that the City can continue to provide fire services.
CONCLUSION
It is recommended that the City Council of the City of Gonzales direct staff to begin exploring a Parcel Tax program to support fire services in the City. Without additional revenue sources to fund fire services, the City may be faced with not having services within the City and rely on outside agencies for the services, which is not ideal.
Packet Pg. 146
City of Gonzales
CITY ATTORNEY
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: October 2, 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, adopt 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
13 Packet Pg. 147
In compliance with the provisions of Policy 709 and relevant law, on September 18, 2023, staff presented the City Council with 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.” After receipt of public comment and discussion, the Council waived reading, introduced, and read Ordinance No. 2023-141 by title only. Ordinance 2023-141 is before the Council this evening for a noticed public hearing and consideration of adoption.
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 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. Under City policies and federal law, the Department will have restrictions on the use of the drone and will need to report on how the drone was used as part of the annual Fiscal Year Annual Military Equipment Use Report submitted for Council and Public review. 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. As noted above, the Ordinance also directs the Police Department’s Military Packet Pg. 148
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, consideration of adoption, and reading by title only. If approved, the Ordinance would 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 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
• Do not approve the ordinance for purchase of an Unmanned Aerial System. • Do not approve the ordinance for purchase of an Unmanned Aerial System and provide staff with direction for modification of the ordinance or further research.
Packet Pg. 149
BUDGET IMPACT
Funding for the proposed purchase will come from the Police Department’s Fiscal Year 23/24 Budget and a $7,000 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, adopt 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.
Attachments:
1. Public Notice
2. Police Dept Unmanned Aerial System Policy
3. Price Quote from General Pacific, Inc.
4. Ordinance No. 2023-141
Packet Pg. 150
Gonzales will continue to be a safe, clean, family-friendly community, diverse in heritage, and committed to working collaboratively to preserve and retain its small town charm
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN that the City Council of the City of Gonzales will hold a Public Hearing on Monday, October 2, 2023 at 6:00pm in the City Council Chambers, 117 Fourth Street, Gonzales, California to consider adoption of:
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 COMPLAINCE WITH GONZALES POLICE DEPARTMENT POLICY MANUAL 709-MILITARY EQUIPMENT
The City Council will be considering the adoption of Ordinance No. 2023-141, which will authorize the purchase of an “Unmanned Aerial System,” more commonly known as a drone, for use by the Gonzales Police Department. The equipment in question is considered “military equipment” by relevant authority and policy and as such, the purchase of such equipment must be in compliance with Gonzales Police Department Policy Manual Policy 709-Military Equipment, which was adopted by the City Council by Ordinance 2022-131 in 2022. The drone, which will be equipped with high zoom and thermal capability, will be used by the Department for law enforcement purposes related to holiday events, locating missing persons, coordinating City responses during emergencies (fires, floods, pursuits) and assistance during the service of warrants. The equipment will only be operated by licensed personnel, pursuant to Gonzales Police Department Policy Manual Policy 609, and will be subject to the annual reporting requirements for all military equipment set forth in Police Manual Policy 609. The estimated cost of the drone and related equipment is $11,441, plus tax and shipping.
A copy of the full text of the proposed ordinance has been available in the office of the City Clerk since September 13, 2023. Ordinance No. 2023-141 was introduced and read by title only at a regular meeting of the City Council on September 18, 2023.
Further information is available for review at City Hall, 147 Fourth Street, between the hours of 8:00am and 5:00pm, Monday through Friday (City Hall is closed from 12:30pm to 1:30pm). Interested parties are invited to attend the public hearing and express opinions or submit evidence for or against the above request. Written comments may be submitted to Carmen Gil, City Manager/City Clerk, City of Gonzales, P. O. Box 647 / 147 Fourth Street, Gonzales, CA 93926 or by email at [email protected] prior to the date and time of the hearing. For further information, please call the City Clerk at (831) 675-5000.
If you challenge this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearings regarding the projects described in this notice, or in written correspondence delivered to the appropriate authority at or before these hearings.
P.O. BOX 647 147 FOURTH ST. GONZALES, CALIFORNIA 93926
PHONE: (831) 675-5000 FAX: (831) 675-2644 www.gonzalesca.gov Packet Pg. 151 Attachment: Public Notice (2833 : Ordinance No. 2023-141 (Adoption) Purchase & Use of an Unmanned Aerial System (Drone)) Dated at Gonzales, California, this 20th day of September, 2023. /s/ Mary Villegas, Deputy City Clerk
En caso que usted necesite ayuda en leer o en entender este aviso de Audiencia Pública, usted puede ponerse en contacto con la oficina del Edificio Municipal en 147 Fourth Street o llamar al número 675-5000, y el aviso será traducido para usted.
Packet Pg. 152 Attachment: Public Notice (2833 : Ordinance No. 2023-141 (Adoption) Purchase & Use of an Unmanned Aerial System (Drone)) Packet Pg. 153 Attachment: Police Dept Unmanned Aerial System Policy (2833 : Ordinance No. 2023-141 (Adoption) Purchase & Use of an Unmanned Aerial Packet Pg. 154 Attachment: Police Dept Unmanned Aerial System Policy (2833 : Ordinance No. 2023-141 (Adoption) Purchase & Use of an Unmanned Aerial Packet Pg. 155 Attachment: Police Dept Unmanned Aerial System Policy (2833 : Ordinance No. 2023-141 (Adoption) Purchase & Use of an Unmanned Aerial Packet Pg. 156 Attachment: Price Quote from General Pacific, Inc. (2833 : Ordinance No. 2023-141 (Adoption) Purchase & Use of an Unmanned Aerial System Packet Pg. 157 Attachment: Price Quote from General Pacific, Inc. (2833 : Ordinance No. 2023-141 (Adoption) Purchase & Use of an Unmanned Aerial System 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. 158 Attachment: Ordinance No. 2023-141 (2833 : Ordinance No. 2023-141 (Adoption) 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. 159 Attachment: Ordinance No. 2023-141 (2833 : Ordinance No. 2023-141 (Adoption) 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 the 2nd day of October, 2023by 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. 160 Attachment: Ordinance No. 2023-141 (2833 : Ordinance No. 2023-141 (Adoption) Purchase & Use of an Unmanned Aerial System (Drone))