Gonzales City Council
May 20, 2024

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

A G E N D A

JOINT MEETING OF THE

GONZALES CITY COUNCIL AND

GONZALES SUCCESSOR AGENCY
CITY COUNCIL CHAMBERS – 117 FOURTH STREET
GONZALES, CA 93926
MONDAY, MAY 20, 2024
6:00 P.M.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

1. ROLL CALL- City Council/Successor Agency
Mayor Pro Tem/Vice Chair Scott Funk, Council/Agency Member Liz Silva, Council/Agency Member Lorraine Worthy, Council/Agency Member Maria Orozco, Mayor/Chair Jose L. Rios
Successor Agency Item

PUBLIC NOTICE
This meeting is being conducted consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The public may participate in person or online via zoom at https://us06web.zoom.us/j/87020263943 or call 1 (669) 900-6833 and use Meeting ID: 870 2026 3943.

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

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

PRESENTATIONS

2. Certificates of Recognition - Gonzales High School Tennis, Baseball, and Track & Field

3. Consider Approval of, and Present Proclamation No. 2024-02 Proclaiming May 19 - 25, 2024 as National Public Works Week

BUSINESS FROM THE PUBLIC

4. Business from the Public not on the Agenda; any member of the Public may address the Council/Agency for a period not to exceed three minutes on any subject not on the Agenda. The Council/Agency will listen to all communications but may take no action. *
Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall located at 147 Fourth Street, Gonzales, California, during normal business hours.

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

5. Approve the Joint City Council and Successor Agency - Regular Meeting - May 6, 2024 Minutes

6. Approve City Accounts Payable Warrants #50219-50283

7. City Manager’s Report

8. Community Development Department Activity Report

9. Community Engagement & Recreation Departments Activity Report

10. Fire Department Activity Report

11. Police Department Activity Report

12. Public Works/City Engineer Department Activity Report

13. Consider Adjusting Monthly Fee for Large Fire Water Meters

14. Consider Approval of a Reimbursement Agreement Between the City of Gonzales and TAP Agricultural Partners, LLC; and Authorize the City Manager to Sign it

15. Consider Approval of Resolution No. 2024-16, a Resolution of the City Council of the City of Gonzales Authorizing Execution of a Construction Installment Sale Agreement with the State Water Resources Control Board for the Industrial Wastewater System

REGULAR AGENDA

16. Vista Lucia Specific Plan Update
a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Receive report

17. Consider Adoption, Waive Reading and Read by Title Ordinance No. 2024-143, An Ordinance of the City Council of the City of Gonzales, Amending Chapter 12.116 Signs of Title 12 - Part 5 Regulations Applying in All Districts of the Gonzales City Code a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Ordinance No. 2024-143

18. Public Hearing to Consider Adoption, Waive Reading and Read by Title Ordinance No. 2024-144, An Ordinance of the City Council of the City of Gonzales Amending Chapter 5.40 “Fireworks” of Title 5-Public Health and Safety, of the Gonzales City Code

a) Staff Report
b) Public Hearing
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Ordinance No. 2024-144

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

19. Consider Possible Funding Sources to Fund Unfunded Priorities

a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Consider a potential Sales Tax Measure for the November Election, and if desired, direct staff to plan for its placement on the November 2024 ballot

GONZALES YOUTH COUNCIL UPDATES

20. Oral Communication

BUSINESS FROM CITY COUNCIL

21. City Council Board/Committee Reports
a. League of California Cities Monterey Bay Division
b. Association of Monterey Bay Area Governments
c. Monterey Salinas Transit

22. Oral Communications

BUSINESS FROM CITY MANAGER

23. Oral Communications

ADJOURNMENT
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (831) 675-5000. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (CFR 35.102-

35.104 ADA Title II). This is a public meeting and as such, can be seen live by people present or online and is being recorded; therefore; anything you say or do here is public information. The recordings are available online.

PROCLAMATION NO. 2024-02
WHEREAS, Public Works staff is responsible for the infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of residents, visitors and businesses; and WHEREAS, such facilities and services could not be provided without the dedicated efforts of public works managers, engineers and staff from public agencies and the private sector, responsible for improving and protecting our nation’s transportation, water supply, water treatment, solid waste systems, public buildings, and other facilities essential to serve our communities; and
WHEREAS, it is in the public interest for civic leaders, residents and business owners to gain knowledge of and understand the public works programs in their respective communities; and
WHEREAS, in keeping with this year’s APWA theme of “Advancing Quality of Life for All", the Public Works staff with the cities of Gonzales, Soledad, Greenfield, and King City regularly collaborate on various public works aspects including collaborating on training of our Public Works field personnel; and
WHEREAS, the American Public Works Association has celebrated National Public Works Week since 1960.

WHEREAS, The City of Gonzales is an active member of the American Public Works Association including participating in events held by the Monterey Bay Chapter; and NOW, THEREFORE, BE IT PROCLAIMED I, Mayor Jose Rios, on behalf of the City of Gonzales do hereby proclaim the week of May 19 - 25, 2024 as National Public Works Week; and urge our residents to join with representatives of the American Public Works Association and government agencies in activities and ceremonies that pay tribute to our public works professionals, engineers, managers and employees, and recognize the substantial contributions they make to our community’s health, safety, and quality of life.

Jose Rios, The Honorable Mayor
May 20, 2024
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Attachment: Proclamation No. 2024-02 (2982 : Proclamation No. 2024-02 National Public Works Week) AGENDA
ITEM
3

MINUTES

JOINT MEETING OF THE

GONZALES CITY COUNCIL, SUCCESSOR AGENCY, AND

GONZALES PUBLIC FINANCING AUTHORITY
MONDAY, MAY 6, 2024
6:00 P.M.

CALL TO ORDER
The meeting was called to order at 6:00 PM by Mayor Jose L. Rios.

PLEDGE OF ALLEGIANCE
Mayor Pro Tem Funk led the flag salute.

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

STAFF PRESENT
City Manager Carmen Gil, City Attorney Michael F. Rodriquez, Finance Director Mike Howard, Community Development Director Taven Kinson Brown, Administrative Assistant II Esthela Palmerin, Administrative Assistant II Marisol Gomez, Public Works Director/City Engineer Patrick Dobbins, and Fire Chief Jason Muscio.

Successor Agency Item
 Financing Authority Item
*
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Minutes Acceptance: Minutes of May 6, 2024 6:00 PM (CONSENT AGENDA) AGENDA
ITEM
5

PUBLIC NOTICE
This meeting is being conducted consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The public may participate in person or online via zoom at https://us06web.zoom.us/j/87020263943 or call 1 (669) 900-6833 and use Meeting ID: 870 2026 3943. If you wish to make either a general public comment or to comment on a specific agenda item, please use the Raise Hand function. You will be allowed three minutes for your comments.

If you choose not to attend the City Council meeting but wish to make a comment on a specific agenda item, please submit your comment limited to 250 words or less by 12:00p.m. on the day of the meeting to the City Clerk at [email protected]
Mayor Rios initiated the meeting by thanking everyone who worked at the 5 de Mayo event.

PRESENTATIONS

2. Consider Approval of, and Present Proclamation No. 2024-01, A Proclamation of the City Council of the City of Gonzales Proclaiming May 2024 as Poppy Month Council Member Worthy presented Proclamation No. 2024-01 on behalf of Mayor Rios. She reminded the public that there will be a distribution of poppy flowers and continuing with a Memorial Day event at the cemetery, and BBQ at the Legion Hall for Memorial Day on May 27th.

RESULT: APPROVED PROCLAMATION NO. 2024-01
MOVER: Maria Orozco, Council Member
SECONDER: Scott Funk, Mayor Pro Tem/Vice Chair
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco

BUSINESS FROM THE PUBLIC

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

Henry Martinez Sr. thanked the Mayor for the recognition of his work during the 5 de Mayo event. He questioned Chief Wise’s absence at the meeting. He mentioned having a son-in-law who is a veteran who still enjoys the 4th of July celebrations.

John McPherson from Alliance on Aging announced receiving a grant from the State to create a Local Aging Disability Action Plans working with South and North Monterey County. He notified of an assessment to be completed and sent out to the community. He also notified the Council that he will come back some time in the fall to present the draft action plan.

Roman Barba mentioned the groundbreaking ceremony for the Community Center and not being able to attend; suggested having the kids from Chualar participate in a feeder program or to bring it back to the schools; and asked the City to keep an eye on building properties due to many not following code.

Rosa Rodriguez expressed her gratitude for the planned activities for the seniors in the community; suggested wanting to see the Community Engagement Analyst involved in more Packet Pg. 6
Minutes Acceptance: Minutes of May 6, 2024 6:00 PM (CONSENT AGENDA)

community activities and to do more outreach. She also reminded everyone that the month of May is Mental Health Awareness Month.

CONSENT AGENDA

4. Approve the Joint City Council and Successor Agency - Regular Meeting - April 15, 2024 Minutes

5. Approve City Accounts Payable Warrants #50111-50218

6. Consider Approval of Resolution No. 2024-13, A Resolution of the City Council of the City of Gonzales Authorizing the City Manager to Execute the Letter of Intent from Towerpoint Acquisitions, LLC, Related to the Prepayment of Lease Agreements with Verizon, and T-Mobile, and Authorizing the City Manager to Negotiate the Lease Prepayment and Term Easement Agreement

7. Consider Approval of Resolution No. 2024-14, A Resolution of the City Council of the City of Gonzales Authorizing the City Manager to withdraw the funding donated for the Dennis and Janice Caprara Community Center Complex from the Community Foundation Account

8. Consider Approval of Resolution No. 2024-15, A Resolution of the City Council of the City of Gonzales Authorizing the City Manager or Designee to Execute and Submit a Clean Water State Revolving Fund Financial Assistance Application to the State Water Resources Control Board (SWRCB) for the Planning, Design, and Construction of the 1.0 Million Gallons a Day Industrial Wastewater System, and Execute SRF Financial Assistance Agreement and Any Amendments with the SWRCB

9. Authorize Issuance of a Notice to Proceed with Construction of Phase 1 Community Center Complex Project to Otto Construction at a Not-to-Exceed Amount of $18,869,395 Pending Concurrence from USDA Staff

10. Authorize Execution of a Non-Exclusive Master Services Agreement Between the City of Gonzales and Professional Service Industries and Approve Execution of Task Order 1 in the amount of $135,000 for Materials Testing and Special Inspection services during construction of Phase 1 of the Community Center Complex Project
RESULT: APPROVED [UNANIMOUS] Consent Agenda Items 4-10
MOVER: Liz Silva, Council Member
SECONDER: Maria Orozco, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco

REGULAR AGENDA

11. Public Hearing to Consider Approval of a) Resolution No. 2024-12, A Resolution of the City Council of the City of Gonzales Authorizing the Execution and Delivery of a Ground Lease, Lease Agreement, Indenture, Bond Purchase Agreement and Continuing Disclosure Certificate in Connection with the Issuance of the Gonzales Public Financing Authority Lease Revenue Bonds, Series 2024A, Approving the Issuance of Such Bonds in an Aggregate Principal Amount of not to Exceed $9,825,000, Authorizing the Distribution of an Official Statement in Connection with the Offering and Sale of Such Bonds and Authorizing the Execution of Necessary Documents and Certificates and Related Actions; and
*
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Minutes Acceptance: Minutes of May 6, 2024 6:00 PM (CONSENT AGENDA)


RESULT: APPROVED RESOLUTION NO. 2024-12
MOVER: Scott Funk, Mayor Pro Tem/Vice Chair
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco b) Resolution No. FA-2024-01, A Resolution of the Gonzales Public Financing Authority Authorizing the Execution and Delivery of a Ground Lease, Lease Agreement, Indenture, Bond Purchase Agreement and Assignment Agreement in Connection with the Issuance of the Gonzales Public Financing Authority Lease Revenue Bonds, Series 2024A, Approving the Issuance of Such Bonds in an Aggregate Principal, Amount of Not to Exceed $9,825,000, Authorizing the Distribution of an Official Statement in Connection with the Offering and Sale of Such Bonds and Authorizing the Execution of Necessary Documents and Certificates and Related Actions
Staff Report: Public Works Director Dobbins presented the staff report with the help of Eric Scriven from NHA Advisors.

Public Hearing: Rosa Rodriguez questioned if this was going to affect any taxes for the residents.

RESULT: APPROVED RESOLUTION NO. FA-2024-01
MOVER: Scott Funk, Mayor Pro Tem/Vice Chair
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco

12. Fiscal Year 2022-2023 Audited Financial Statements and Management Report Staff Report: Finance Director Mike Howard presented the staff report.

Council/Agency Discussion: Council Member Silva questioned if the federal loan will be part of next year’s audit.

Finance Director Howard clarified that it only happens when the City receives federal grants not federal loans.

RESULT: APPROVED [UNANIMOUS]
MOVER: Liz Silva, Council/Agency Member
SECONDER: Lorraine Worthy, Council/Agency Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco

13. Public Hearing to Introduce, Waive Reading and Read by Title Ordinance No. 2024-143, An Ordinance of the City Council of the City of Gonzales, Amending Chapter 12.116 Signs of Title 12 - Part 5 Regulations Applying in All Districts of the Gonzales City Code Staff Report: Community Development Director Kinison Brown presented the staff report.

Public Comment: Roman Barba suggested visiting the areas before any agreement on placement of the sign. He expressed his concerns regarding the maintenance of the sign and protecting it from graffiti and other damages. He suggested placing a fence around it. *
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Minutes Acceptance: Minutes of May 6, 2024 6:00 PM (CONSENT AGENDA)

Rosa Rodriguez agreed with Roman’s comment to place a fence around the sign once built to protect it. She expressed how helpful the sign would be once placed in its location to report any road work within the area.

Community Development Director Kinison Brown clarified that there would be a submission of plans clarifying security, location, and size of sign. He notified that the area is already secured.

Council Discussion: Council Member Worthy questioned the potential placement of the sign.

Community Development Director Kinison Brown answered that the placement of the sign will be shown for approval to the Council and Planning Commission with clarification of only on industrial or commercial areas.

Council Member Silva questioned the approval of the sign by the Planning Department or the Planning Commission.

Community Development Director Kinison Brown confirmed that the plans would be presented to the Planning Commission for approval as a permit, with further approval a Design Committee to be formed for approval as well.

Council Member Silva questioned who would be part of the Design Committee? The public or the City staff?
Community Development Director Kinison Brown answered the committee would be comprised of City staff and others. He clarified any agreement made with the City to lease any City property for income would be presented to Council for approval.

Council Member Worthy questioned any issues of vandalism with City signs.

Scott Smith, Legacy Sign Company, responded that with vandalism being an issue on signs in bigger Cities agreed on placing a protecting barrier around the sign. He informed the Council of maintenance of a digital sign is not a requirement as other traditional signs.

RESULT: APPROVED Introduce, Waive Reading, and Read by Title Only Ordinance No. 2024-143
MOVER: Lorraine Worthy, Council Member
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco

14. Introduce, Waive Reading and Read by Title Ordinance No. 2024-144, An Ordinance of the City Council of the City of Gonzales Amending Chapter 5.40 “Fireworks” of Title 5-Public Health and Safety, of the Gonzales City Code
Staff Report: City Attorney Rodriquez presented the staff report.

Public Comment: Rosa Rodriguez asked for the City liaison to give more information about the fireworks. She expressed her concerns with the past experiences the City has had and suggested different ways to celebrate the 4th of July in consideration of other people who suffer from PTSD.

Henry Martinez Sr. suggested to adding a notice on rental agreements from landlord to tenant about fireworks on property. He asked for the public to have an opinion on the fireworks situation and asked for the Police Chief to patrol more often.

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Minutes Acceptance: Minutes of May 6, 2024 6:00 PM (CONSENT AGENDA)

Roman Barba expressed his experience with his neighbor troubling with fireworks and him calling the Police Department more than once and having no response from them, and the situation repeating itself every year.

Henry Martinez Jr, (via phone call), mentioned the past comments on fireworks and the dislike of the Police Department. He expressed his rights to celebrate the 4th of July in any way he wants without any issues.

Council Discussion: Council Member Worthy addressed the Fireworks Committee selection and clarified the selection process of the committee involving residents who were against fireworks and residents who were ok with fireworks. She also expressed respect for each other’s choice as a community.

Council Member Silva agreed with Council Member Worthy. She addressed the issue of illegal fireworks to the public and the Council trying to have a better solution for the issue with the help of the committee. She reminded the issue not only affecting the residents but also the nonprofit organizations who use this event to gain some profit. She asked for a citation report on how many people get a citation on the 4th of July for the years 2020, 2021, 2022, and 2023. She also requested a follow up on the outcome of the burnt house from last year.

Council Member Orozco echoed Council Members Worthy and Silva’s comments. She would like to also get a report on how much profit the nonprofit organization receives from selling fireworks.

Mayor Pro Tem/Vice Chair Funk reminded the public of the topic of fireworks being mentioned at past meetings and the plan of creating a Fireworks Committee was decided on previous Council meetings with the participation of the public. He also reminded the residents of our noise ordinance being originally issued with the 10:00pm time.

Mayor Rios agreed with Mayor Pro Tem Funk about the noise ordinance time. He reminded the public that there were also children needing to sleep early and to be considerate with the children’s sleep time. He also replied to the comment Mr. Martinez made about including wording regarding illegal fireworks in the contract with the tenants, as he has done that with his own tenants.

RESULT: APPROVED Introduce, Waive Reading, and Read by Title Only Ordinance No. 2024-144
MOVER: Scott Funk, Mayor Pro Tem/Vice Chair
SECONDER: Maria Orozco, Council Member
AYES: Jose L. Rios, Scott Funk, Lorraine Worthy, Maria Orozco, Liz Silva

BUSINESS FROM CITY COUNCIL

16. City Council Board/Committee Reports
a. Transportation Agency for Monterey County
Mayor Rios reported about the County planning on adding three roundabouts on Highway 68 and the agency looking for different options to minimize traffic around that area. b. Mayor Selection Committee
Mayor Rios reported that they had a speaker at the committee meeting, informing that Lake Nacimiento is at 90% capacity and Lake San Antonio at 81% capacity. He also informed that the crop report was interesting and strawberry season starting strong, but the lettuce is still Packet Pg. 10
Minutes Acceptance: Minutes of May 6, 2024 6:00 PM (CONSENT AGENDA)

ahead. He informed that the Board of Supervisors was looking to increase the sales taxes and asked the City to review the sales tax ourselves.
c. Salinas Valley Recycles
Council Member Silva reported that the budget for the next fiscal year was approved, and the next meeting will be on Thursday, May 16th.

17. Oral Communications
Council Member Orozco reported on the Dia del Niño and 5 De Mayo events where the GYC had a table out on Dia del Niño to survey residents. She mentioned having encountered an issue with electric bikes on sidewalks and wanted to check with Chief Wise if there was any ordinance on electric bikes.

Mayor Pro Tem Funk expressed his gratitude for the people who participated in the past two events.

Council Member Silva reminded everyone about the monthly senior lunch on May 16th at St.

Theodore’s Church and announced the Salinas Valley Fair would start on May 16th as well; and the Memorial Day ceremony taking place on Monday May 27th at the Cemetery starting at 9:00am with the Junior ROTC from Soledad High School participating as the color guard, following with a BBQ at the Legion Hall. She reminded everyone about the upcoming graduations and kids being out of school soon for the public to be mindful of the kids being out and watch out while driving. She also announced a ceremony for the High School Seniors on May 22nd for the different awards and scholarships.

Council Member Worthy notified the Council that she would not be attending the next Council meeting and echoed Council Member Silva’s announcement for Memorial Day.

Mayor Rios informed the Council of the incident that occurred at Central Park with a young man driving through the park while children were at the park. He asked to see the Chief of Police patrolling more often. He asked for the Police Department to patrol at the Industrial Park due to hearing racing around that area. He also asked about the signs on Fifth Street if they could be placed to prevent semis to pass through there and prevent less traffic.

BUSINESS FROM CITY MANAGER

18. Oral Communications
City Manager Gil notified the public of the award the City received on April 26th, and thanked everyone who attended the Groundbreaking Ceremony of the Community Center on April 20th.

She informed the public of the upcoming events like the Youth Summit on May 11th. She expressed her gratitude to all who participated in the Dia del Niño and 5 de Mayo events.

Chief Muscio announced the birth of his first granddaughter. He notified the Council of the educational video that the Fire Department had been working on, as well as the flyers and other educational components to the video based on the recommendation given by the Fireworks Committee.

Public Works Director Dobbins informed the Council that the pool heater had been installed, received the permits as well, and is ready to use in the summer. He also reported on receiving the SRF funding agreement which will be presented to the Council at the next meeting.

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Minutes Acceptance: Minutes of May 6, 2024 6:00 PM (CONSENT AGENDA)

Mayor Rios wished all mothers a Happy Mother’s Day.

ADJOURNMENT
RESULT: APPROVED [UNANIMOUS]
MOVER: Scott Funk, Mayor Pro Tem
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco The meeting was adjourned at 7:56 PM.

ATTEST:

Mary Villegas, Deputy City Clerk
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Minutes Acceptance: Minutes of May 6, 2024 6:00 PM (CONSENT AGENDA) City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 1
Time: 12:33 pm
Date: 05/10/2024
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
AGILE OCCUPATIONAL 175.00

MEDICINE PC
50219 05/10/24 Printed 4362 Pre-Employment Physical
ALVAREZ TECHNOLOGY 7,604.82
GROUP, INC.
50220 05/10/24 Printed 3893 June Monthly Billing
50221 05/10/24 Printed 137 AMERICAN SUPPLY CO. Janitorial Supplies 991.37 50222 05/10/24 Printed 2830 AT&T Corp Yard Acct # 308309956 95.59 50223 05/10/24 Printed 4117 AT&T Phone Service April 2024 402.21 50224 05/10/24 Printed 86 AT&T Telephone Charges 3/19/24 - 4/18/24 1,296.45 50225 05/10/24 Printed 3168 AUTOZONE INC. Maint. Supplies 314.98 50226 05/10/24 Printed 3805 BADGER METER INC. Meter Services 7.28 BENITEZ SECURITY 96.00
SERVICES,INC.
50227 05/10/24 Printed 4450 Security for Car Show
50228 05/10/24 Printed 3229 BRYANT JOLLEY C.P.A. FY 22/23 Audit 45,000.00 50229 05/10/24 Printed 3073 C4 CONSULTING Leadership Development 5,750.00 CAL COAST AUTOMOTIVE 570.00

REPAIR &
50230 05/10/24 Printed 3831 Vehicle Maint.

CAL-WEST LIGHTING AND 658.93
SIGNAL
50231 05/10/24 Printed 3838 Street Light Repair
50232 05/10/24 Printed 4449 JESSICA CAMARGO Refund Reg.-CarShow FoodVendor 125.00 Decided not to Participate
50233 05/10/24 Printed 770 CARLOS ALBERTO ESQUIVEL Cleaning Service 400.00 50234 05/10/24 Printed 212 CITY OF GONZALES Utilities - April 3,382.84 50235 05/10/24 Printed 2825 CODE PUBLISHING COMPANY Municipal Code-Web Update 333.50 50236 05/10/24 Printed 757 COMPLIANCE POSTER CO. Labor Law Poster 421.21 50237 05/10/24 Printed 4451 SUNNY CORDOBA Water Deposit to be Refunded 1400 79.84 Rhone Way
50238 05/10/24 Printed 2856 COUNTY OF SANTA CLARA Officers EVOC Training 1,110.00 50239 05/10/24 Printed 1821 CSK AUTO, INC. Vehicle Maint. 144.68 50240 05/10/24 Printed 3028 D & J TIRE SERVICE Vehicle Maint. 548.40 50241 05/10/24 Printed 3348 EAST BAY TIRE CO Vehicle Maint. 746.19 EDGES ELECTRICAL GROUP 551.21
LLC
50242 05/10/24 Printed 3390 Well 5
50243 05/10/24 Printed 1771 EMPLOY AMERICA Janitorial Services & Carwash 1,000.00 50244 05/10/24 Printed 3646 ENGIE SERVICES U.S. INC. Solar Panel Maint. Fee 41,558.00 50245 05/10/24 Printed 4360 GIS PLUMBING INC. Boiler for Pool 69,580.00 GONZALES ACE HARDWARE 358.29
INC.
50246 05/10/24 Printed 3274 Disposal Cleaner&Marking Paint 50247 05/10/24 Printed 1109 GONZALES UNIFIED SCHOOL Fuel - Jan. 2024 15,237.72 50248 05/10/24 Printed 2599 YSAURO GONZALES Uniform Cleaning 349.75 GREEN VALLEY FARM 200.46
SUPPLY
50249 05/10/24 Printed 1319 Gloves
50250 05/10/24 Printed 3228 HARRIS & ASSOCIATES, INC. CA Breeze Rate Increase 19,573.10 INTERSTATE ALL BATTERY 74.60
CENTER
50251 05/10/24 Printed 134 Batteries
50252 05/10/24 Printed 449 JOHNSON ASSOCIATES 2K Snap Ring Jack 15" 60.03 50253 05/10/24 Printed 2686 DAVID & DONA LLOYD After Hours Phone Services 99.00 LOS RIOS COMM. COLLEGE 94.00
DIST.
50254 05/10/24 Printed 4452 Supervisory Class - N. Cordoba 50255 05/10/24 Void 05/10/24 Void Check 0.00
50256 05/10/24 Printed 72 MISSION UNIFORM SERVICE Uniforms 883.37 50257 05/10/24 Printed 3970 MNS ENGINEERS, INC. Stormwater Permit 140.00 50258 05/10/24 Printed 4453 AISHA MURPHY Water Deposit to be Refunded 320 Sixth 57.78 St.
50259 05/10/24 Printed 4453 AISHA MURPHY LIHWAP Refund 369.67 50260 05/10/24 Printed 4454 BOBBY OLIVARES LIHWAP Refund 279.08 50261 05/10/24 Printed 91 P. G. & E. Utilities 11,561.66 50262 05/10/24 Printed 91 P. G. & E. Utilities 18,096.30 50263 05/10/24 Printed 4058 ALEX PRUNEDA Per Diem: PSP Driving Training 35.00 4/19/2024
50264 05/10/24 Printed 2790 RDO EQUIPMENT CO. Equipment Maint. 309.94 50265 05/10/24 Printed 4455 LESLIE RODRIGUEZ Park Deposit Refund 25.00 AGENDA
ITEM
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Attachment: Warrants #50219-50283 (2999 : Approve Accounts Payable Warrants #50219-50283) 6 City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
RABOBANK Page: 2
Time: 12:33 pm
Date: 05/10/2024
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
SALINAS VALLEY SOLID 5,000.00
WASTE
50266 05/10/24 Printed 258 CalRecycle Program
50267 05/10/24 Printed 2685 SC FUELS Fuel 135.00
SCHAAF & WHEELER, 1,340.00

CONSULTING
50268 05/10/24 Printed 3894 JohnsonCanyon Waterline Design 50269 05/10/24 Printed 2673 SPECTRUM Internet Service 1,199.00 50270 05/10/24 Printed 4361 STAPLES, INC. Office Supplies 306.28 50271 05/10/24 Printed 4456 SWIFT TECTONICS, INC. Sewer Plant Project 23,732.00 50272 05/10/24 Printed 3670 T-MOBILE City Cell Phones Acct # 963044810 961.56 50273 05/10/24 Printed 3670 T-MOBILE Hotspot # 1 Acct # 967822032 4,566.17 50274 05/10/24 Printed 3670 T-MOBILE Hotspot # 2 Acct # 967822590 2,275.50 50275 05/10/24 Printed 3880 THE MAYNARD GROUP Zoom Services 1,933.39 TRANS UNION RISK AND 116.00

ALTERNATI
50276 05/10/24 Printed 3175 TLO
50277 05/10/24 Printed 3718 TRINI'S PLUMBING Police Dept.- Maint. Supplies 466.19 50278 05/10/24 Printed 3287 TIFFANY TWISSELMANN Reimb.- Concrete Resurfacer 87.77 50279 05/10/24 Printed 3577 U.S. BANK 4/8/2024 Public Works Acct # 4866 9145 705.10 5550 8537
50280 05/10/24 Printed 3410 ULINE, INC. Cleaning Supplies - Kid Power 174.34 VALLEY SAW & GARDEN 776.60

EQUIPMENT
50281 05/10/24 Printed 174 Equipment Maint./Repairs
50282 05/10/24 Printed 99 VOSTI'S, INC. Air Compressor Maint. 179.10 50283 05/10/24 Printed 202 KEITH WISE Per Diem: CPCA Symposium 5/18/2024 - 444.00 5/23/2024
Total Checks: 65 Checks Total (excluding void checks): 295,146.25 Total Payments: 65 Bank Total (excluding void checks): 295,146.25 Total Payments: 65 Grand Total (excluding void checks): 295,146.25 Packet Pg. 14
Attachment: Warrants #50219-50283 (2999 : Approve Accounts Payable Warrants #50219-50283) April kicked off a busy time of year for the City of Gonzales. On April 20th we held our Annual Show & Shine Car Show, which was a blast. We had great weather and a great time with everyone that made it out.

On April 26th, the City was awarded the Monterey Bay Business Council’s Community Builders Award at their Annual Gala. It was an honor to receive the recognition and be amongst other trailblazers in the area.

Finally, on April 27th, we celebrated a day that so many of us have been waiting for – the Groundbreaking of the Dennis and Janice Caprara Community Center Complex. The day was filled with Gonzales supporters and people of all ages excited to see this project finally happen. The project will begin construction of Phase 1 in May, and we plan to open its doors in early 2026.

Staff continues to work on the Capital Campaign and is actively seeking grants for Phase 2 of the project.

City of Gonzales
City Manager Report
April 2024
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Attachment: City Manager Report - April (3000 : City Manager Report - April 2024) AGENDA
ITEM
7 Circulator Presentation and Council Approval
MST presented their Circulator Project to the City Council on April 1st. This circulator will be a new bus route around town that can help get the community to their destination in 30–40-minute intervals. The intent is to have a bus stop within a 5-to-8-minute walk from everyone so that anyone that wants to can get to their final destination via an MST bus. The following are the locations where the bus stops will be accessible to the public: 5th Street at Day Street (South Bound), 5th Street at Day Street (North Bound), Mustang Way at Meyer Park, Fanoe Road at Fanoe Vista Apartments, Burgundy Way at Canyon Creek Park, 8th Street at Center Street, Alta Street at 1st Street, Kathrine Street at Dole Packing, Puente Del Monte Ave. at Pape Material handling, C Street at S. Belden Street, and Fairview Drive at Elko Street.

Economic Development and Revenue Generation
• In April, the Planning Commission and the City Council heard the proposal to amend our local sign ordinance that may give way to a digital billboard for the community. This opportunity can potentially bring in additional non-restricted revenue as well as serve as an important communication tool for the community. The final hearing will be held on May 20th and if approved, it will allow us to look for a partner to come in and propose a project. • City staff has submitted four grant applications in support of our Gonzales Fire Department, and has been working with Congresswomen Lofgren’s Office to identify potential funding sources.

Housing
• The Visita Lucia Housing project continues to move along. Staff is working to respond to public comments received during the public comment period. • CHISPA is also working on plans for the property on Alta Street. They will be proposing a project shortly that will hopefully help us address some of our housing needs.

Community Engagement
• As the City prepares for the 4th of July, the City would like to remind everyone that Illegal Fireworks are ILLEGAL!! Anyone caught using them will be prosecuted and the case will be filed with the DA’s Office. • The City has also acquired a drone to support local enforcement. • The City Council will be considering an Ordinance at their meeting of May 20th, which can make it a violation to use the Safe and Sane Fireworks after 10:30PM on the 4th of July.

Save the Date for the upcoming events:
• Chair Yoga will continue Saturday mornings
(9:00AM) through the end of May.
• Fourth of July Parade and Celebration at
Central Park hosted by Gonzales Rotary.

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Attachment: City Manager Report - April (3000 : City Manager Report - April 2024) City of Gonzales

COMMUNITY DEVELOPMENT DEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: May 20, 2024
FROM: Taven Kinison Brown, Community Development Director THROUGH: Carmen Gil, City Manager
SUBJECT: Community Development Department Activity Report – May 2024

ECONOMIC DEVELOPMENT
The Planning Commission on Monday May 13, 2024, approved a Conditional Use Permit request from Liliana Burgers and Pupuseria to add beer and wine service with her restaurant offerings. Liliana may now proceed to secure her ABC license and is obligated to maintain food service at all times that beer and wine are served. (Former Location of Burger Queen).

HOUSING
Housing Element. The City has received the first initial draft comments from Housing and Community Development (HCD) (not “official” comments just yet) and is busy responding to dozens of questions and points of interest from the state; expected – but burdensome indeed. Our official letter from HCD concluding their first 90 day review is expected by the end of the month. The City will then have 60 days to revise and respond before sending back to HCD.

Staff will be making every effort to expedite our responses and edits and share the changes publicly through the website. The Community Development Director is personally responding to the HCD and working these efforts into his regular (and diverse) workload.

Once we achieve Certification, the City has already secured some modest funding through LAFCo (Reap

2.0) to be applied towards implementation of Housing Element policies, programs and outreach efforts.

Again, the Community Development Director will do as much as he can towards implementing the Housing Element, but consultant and environmental review assistance will be needed.

AGENDA
ITEM
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Vista Lucia Specific Plan. The VLSP Draft Environmental Impact Report completed its 45-day public review and staff and consultants are preparing responses to the comments received. A copy of the EIR is available on the City of Gonzales website (https://gonzalesca.gov/services/communitydevelopment/development-activity-projects) under the Vista Lucia Project section. A separate update on the Vista Lucia Specific Plan Project is agendized.

Senior Housing Proposal on S. Alta. On Tuesday May 14, 2024, the Community Development Director will have met with CHISPA at a recent senior housing project constructed in Salinas, to be shown as a potential example of a senior housing proposal they may wish the City to consider for the city-owned property on S. Alta Street.

CODE ENFORCEMENT
The City continues to meet with property owners, inspect potential violations and start documentation to progress to remedies.

BUILDING DIVISION ACTIVITY
From April 1, 2024, to April 30, 2024 (30 reporting days), the City issued 16 permits from the Building Division for four ADUs and a JADU, residential solar projects, roof repair, modifications to a cellular facility, and electrical and plumbing work to abate code enforcement notifications. The estimated valuation of all improvements was $575,965.00.

GENERAL COMMUNITY DEVELOPMENT ACTIVITY
Sign Ordinance. A separate item on this agenda is the second reading of the updated Sign Ordinance that has been reworked to allow a potential freestanding freeway-oriented electronic reader-board to be proposed within the City.

A potential sign and revenue to the City. Once the Ordinance becomes law, the City may entertain a Conditional Use Permit for such a sign. The Ordinance requires that a development agreement be negotiated if placed on City property, that would determine the rent and financial return to the City for the use of the public property. Additional revenue could be gained by local businesses who may advertise on such a new changing-message sign.

Potential mini storage and vehicle storage opportunity. Additionally, the Community Development Department continues to work with an applicant as his proposal takes shape to propose new commercial/industrial uses on Gonzales River road on the western city edge. The potential here is not only to provide support for our major agricultural processing giants but will include mini storage and vehicle storage opportunities for the greater public.

City’s Business License Ordinances. Economic Development staff is also looking to update the City’s Business License Ordinances that have not been revisited since 1972 (52 years).

South County Roundtable. The City is to host the location once again for the Monterey County Business Council, South County Roundtable on Friday, May 24, 2024, at the Constellation Winery Tasting Room.

This meeting is regularly attended to by Salinas Valley City Managers and Economic Development teams and District Supervisor Lopez to bring value to the region.

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City of Gonzales

CITY MANAGER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: May 20, 2024
FROM: Carmen Gil, City Manager
SUBJECT: Community Engagement & Recreation Departments Activity Report Current Activities
City Sports League
• South County Girls softball league officially started for us with our Opening ceremonies on April 2 nd. The first pitch for Open Ceremonies was pitched by Aneessa Sandoval. Aneessa is a 2023 Gonzales High graduate. Since she was little, she has participated in our Gonzales Girls Recreation Softball League. She went on to play Varsity softball for the high school since her freshman year. Now she is helping coach and mold our young future athletes in softball. During the ceremony, each team was recognized. After the team recognition, our two 10U teams, Gonzales Sparks and Gonzales Valkyries scrimmaged against each other. It was a great evening. • City of Gonzales Mini T ball started on April 6th. The season will run for 6 weeks. The first games were a lot of fun to watch. The kiddos enjoyed themselves very much.

AGENDA
ITEM
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• One of my favorite parts of softball is being able to celebrate all the birthdays that occur during the season. We had one on April 13th for the 10U Valkyries team, Alyiah Olivares. • Mini T-ball and Girl’s softball had their team pictures taken on April 17th. • Adult co-ed summer softball registration started on April 22nd. So far, we have 3 teams registered.

We will have two divisions to choose from based on team skill level and ability. We have an upper and lower division.
• Youth co-ed flag football registration started on April 22nd as well. The sport is for ages 5-14. The divisions will be ages 5-7, 8-10 and 11-14. The skills assessment will take place in June. • This summer, Recreation staff created a new program, the Tiny Tots Summer Sports Program. It is designed for youth ages 2 ½- 4. It will consist of the teaching, coaching and fundamentals of three sports: basketball, soccer, and mini t-ball. Each sport will run for 2 weeks. There are two different times that are available to register for. Each sport is available 4 days a week for two weeks. Registration started on April 26th.

Gonzales Youth Council
• The Gonzales Youth Council continues to meet and plan for their South County Youth Summit.

The schedule for the day includes having former GYC Alum, Fabiola Moreno Ruelas as keynote speaker, workshops throughout the day hosted by Gonzales Youth Council Members, Salinas Valley Recycles, Early Academic Outreach Program (EAOP), Monterey County Elections and National Alliance on Mental Illness (NAMI).

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• GYC Members are currently conducting a survey regarding tenant rights. The purpose of the survey is to gain a better understanding of the percentage of residents that are renting and how many understand their rights as tenants.

Recreation / Community Engagement
• On April 20th, we held our City of Gonzales Car Show from 1-4PM on Fourth Street. Although registrations were initially slow, they began trickling in last minute and in the end we ended up with about 50 vehicles registered for the event. In addition to the cars, we also lined up the street with different food vendors and had a special performance by the Alisal Center for the Fine Arts Folklorico Group.
• On Friday, April 26th, we collaborated with the Fire Department and Police Department to create a video regarding illegal fireworks. Eliza, who is interning through CSUMB, has been working on putting the clips together and we will begin posting it soon. • We continue to host Chair Yoga and for the month of April we will have classes on Saturday, April 6th, 13th, and 27th.

Aquatics
• We closed applications for our summer aquatics positions on Friday, April 19th and held interviews on April 24th and 25th. In total, we received 25 applications, with most applicants being Gonzales residents. We will be moving forward with 3 lifeguards and 4 rec-aids. • For lifeguards, we will be hosting a mandatory certification training at the King City Pool on the weekend of May 25th.
• The Pool will be having their final inspection at the end of May. The Monterey County Health Department has already assessed the pool, the next inspection would be for the Snack Bar Area.

Activities in the Planning Phase
• The Recreation/ Community Engagement Department has been working with Alliance on Aging and the Monterey County Health Department for the strategic planning regarding a healthy Brain Grant that the County received. This grant has allowed the City of Gonzales to bring more senior programming to Gonzales. Currently, we are scheduled to have a free senior cooking class on Packet Pg. 21
Friday May 10 at 1PM at the Taylor Farms Family Health and Wellness Center and a free senior art class on Thursday, May 16th at 10AM at the Gonzales Adult School.

As of right now, we are expected to open the Gonzales Community Pool on Monday June 10th and we are currently working on having swim registrations open by the end of May.

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City of Gonzales

FIRE DEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: May 20, 2024
FROM: Jason Muscio, Fire Chief
THROUGH: Carmen Gil, City Manager
SUBJECT: Fire Department Activity Report

RESPONSES
There were 46 calls for service during the month of April including: 1 structure fire, 1 vehicle fire, 7 vehicle accidents, 23 medical emergency calls, 6 hazardous conditions calls, 5 service call, 2 calls were dispatched and cancelled, and 1 illegal backyard burn. The structure fire took place on April 29th and was a small fire in a residential garage that was limited to contents only with no damage to the building.

There were two instances of simultaneous calls requiring mutual aid assistance, our Fire Department provided mutual aid to neighboring department twice during the month.

FIRE DEPARTMENT OPERATIONS
A recruitment process to fill the vacant full-time position was held during the month of April, with 5 applicants participating in the written examination. The applicant with the highest score was given a conditional offer of employment and is currently in the background investigation phase. We expect the new hire to begin work in mid-May, at which time Firefighter Steven Halcon will be appointed acting Captain of C shift. There are currently two active volunteer firefighters that continue to work shifts as time allows. All fire apparatus remains in service without need of significant repairs.

TRAINING
Crews continue to train at the company level in basic firefighting skills and safety updates for the upcoming wildland fire season. Additionally, all staff have been assigned NFPA 3000 which is a course designed to prepare for and respond to an active attacker incident.

AGENDA
ITEM
10 Packet Pg. 23

EMERGENCY MANAGEMENT
On April 18th the Fire Chief attended a county wide active attacker tabletop exercise provided by Monterey County OES and the Bay Area Urban Areas Security Initiative (UASI). This exercise provided for networking with local, state, and federal agencies and was an opportunity to gather information to develop our own policies and procedures and plan our own exercise.

PREVENTION/COMMUNITY ENGAGMENT
Staff conducted 6 business and one residential rental inspection during the month of April. The Fire Department assisted with closing streets and providing traffic control for the car show event. There were a total of 4 fire safety presentations presented to First grade students during field trips to the fire station.

Staff was present at the Dia Del Niño celebration and distributed 16 NARCAN kits to residents.

GRANTS
Staff continues to research and pursue funding opportunities as they become available. The Fire Chief is currently preparing a grant application to be submitted to the Gary Sinise Foundation, if successful the funding will be used to purchase trauma kits for both the Fire and Police Departments, as well as ballistic helmets for the Fire Department.

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City of Gonzales

POLICE DEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: May 20, 2024
FROM: Keith Wise, Chief of Police
THROUGH: Carmen Gil, City Manager
SUBJECT: April 2024 Activity Report
Crime and Arrests
The Gonzales Police Department investigated 7 Part I Crimes (Homicide, Robbery, Theft, Burglary, Rape, Assault and Motor Vehicle Theft) during the month of April 2024. During the same time last year, there were 7 Part I Crimes investigated.

During the month of April 2024, Officers made 12 arrests. During the same time last year, there were a total of 21 arrests.

During the Month of April 2024, the department initiated 6 Abandoned Vehicle Abatement (AVA) cases.

The 6 violations were self-abated by the registered owners upon notification of the Municipal Code Violation.

Calls for Service
The Department responded to 655 calls for service in April 2024. There were 61 crimes, accidents, and information reports taken during the month.

Animal Control
During the month of April 2024, the Animal Control Officer (ACO) provided the following services:

AGENDA
ITEM
11 Packet Pg. 25

Animal
Control
Trapped/Stray Dead Injured Bite Cases Returned to
Owner
Transported
to the SPCA
Cats 0 2 0 0 0 0
Dogs 1 0 0 0 0 1
Total = 1 2 0 0 0 1

Significant Cases
Although the Police Department responded to 655 calls for service during the month of April 2024, the most significant cases involved 7 Part I crimes. 0- Homicide 0 - Rape, 0 - Robbery, 2 - Assault, 0 - Burglary, 4 - Larcenies, and 1 -Stolen Motor Vehicle Thefts.

Training
The Department continues to conduct in-house training.

Sergeant Herbert Bowen attended a 24-hour Internal Affairs Investigation course on April 9th – April 11th, 2024, at the Santa Clara County Justice Training Center.

I attended the Monterey County Executive Law Enforcement Annual Seminar on April 28th – May 2nd.

Throughout the month of April 2024, Officers completed their Quarterly Range Qualification.

On April 19, 2024 Sergeant Melgoza, Corporal Castillo, Officer Fierros, Officer Pruneda, Officer Macias and Officer Perez completed the four hour Emergency Vehicle Operation Driver Course.

Other
On April 12, 2024, Department staff attended the Monterey County Police Officer Association (MCPOA) award ceremony, where the Officer of the Year award was presented to Officer Joshua Macias and The Support Staff of the Year award was presented to Community Service Officer Correa.

On April 20, 2024, Officers were a part of the City of Gonzales annual Car Show.

On April 27th staff attended the ground braking ceremony for the City’s Community Center.

The Department hosted the bi-annual Drug Takeback Day on April 27, 2024, where approximately 40 pounds of unwanted expired medication were collected.

On April 28, 2024, Officers participated in the Day of the Child event hosted by the City of Gonzales at Central Park.

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City of Gonzales

PUBLIC WORKS / CITY ENGINEER DEPARTMENT

ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: May 20, 2024
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, City Manager
SUBJECT: Public Works Activity Report

BUILDINGS
Community Center Complex Project – The city held a Groundbreaking Ceremony at the site on 4/27/2024 and construction is expected to begin by the end of the month.

WASTEWATER

1. Industrial Wastewater (IW) System – Staff and real estate appraiser are finalizing the temporary and permanent easements needed for the pipeline contract. City staff is coordinating with the State Water Resources Control Board regarding the City’s State Revolving Fund loan application. On 5/06/2024 SWRCB staff emailed the SRF Agreement to city staff for execution.

2. Program and Construction Management Services - On 5/06/2024 Megan Panofsky, Program Manager, and the PW Director met with Regional Board staff at their San Luis Obispo office to discuss construction of the IW System and upgrades to the existing WWTP over the next several years.

3. RFQ for Wastewater Design services – On 3/28/2024 staff issued a Request for Qualifications for Design Services for Wastewater projects. The deadline for consultants to submit a Statement of Qualifications was 5/08/2024. Staff received SOQs from five consulting firms. Staff will review the submitted SOQs and schedule interviews with the shortlisted firms.

WATER

1. Johnson Canyon Parallel Waterline – On 5/09/2024 Schaaf & Wheeler emailed 100% plans, technical specifications, and cost estimate to city staff.

AGENDA
ITEM
12 Packet Pg. 27
ROADS

1. Fifth Street Truck Ban – This project was issued for public bid on 7/17/2023 and one bid was received and opened on 8/17/2023. The submitted bid was double the $35,000 estimate by the designer, so the project will be rescoped and additional funding must be identified to install the signs.

2. Safe Routes to School Steering Committee – The last community member Steering Committee is 5/22/2024. TAMC staff plans to present the steering committee’s final recommendation at the 6/17/2024 Council meeting.

3. Monterey Salinas Transit Circulator – Over the last two years, MST staff has coordinated with city staff to replace the Dial-a-Ride Service with a fixed route bus service in Gonzales. MST’s design consultant recently completed the design and submitted for a city encroachment permit.

4. Railroad crossing at Fermin Lane/Alta Street – UPRR is planning to remove and replace the crossing arms and related warning lights and related electrical gear in the near future. On 4/02/2024 Staff attended a site meeting with staff from UPRR, CPUC and representatives of adjacent property owners (D’Arrigo Bros, Gonzales Irrigation, Caraccioli Cellars, and Agri-Frame Welding). After the meeting, UPRR informed Agri-Frame Welding to stop allowing trucks and other vehicles to drive within UPRR’s right-of-way to access their shop. Agri-Frame Welding has requested the city to allow them to reopen their driveway on North Alta Street.

PARKS

1. Meyer Park – Staff has coordinated numerous maintenance items over the last several months including fixing light fixtures, replacing uplifted sidewalk, pruning trees, and replacing the rubber mulch under the swings with wood fiber. We are working with MST on installing a bus shelter that the City and MST will split the cost for. On 5/02/2024 staff mailed a survey to property owners in the Calif Breeze subdivision asking if they’d support a phased-in increase to their assessment to fund improvements at Meyer Park.

SOLID WASTE

1. Quarterly Tri-Cities Franchise Agreements Meetings – Staff from the Salinas Valley Solid Waste Authority, Tri-Cities Disposal & Recycling and the cities of Gonzales, Soledad, and Greenfield meet on a quarterly basis to discuss the various waste collection programs (commercial accounts, food waste, organic waste), compliance with latest state regulations, public outreach and education, customer surveys, etc. The most recent meeting was 5/08/2024.

OTHER PROJECTS

1. Staff is working with Tilson Technology on siting a fiber hut for the fiber optic cable and connectivity components at the City Corporation Yard.

2. GIS – City staff continue to work on a GIS mapping system by inputting field data for water, sewer, and storm drainage systems. Our water and wastewater consultants are using GIS to develop capital improvement projects to serve the proposed development projects in the SOI. Staff purchased several iPads for use by Public Work field personnel.

3. Transportation Agency for Monterey County – Patrick Dobbins attends the monthly Technical Advisory Committee meetings and is the Chair of the Technical Advisory Committee for 2024.

PUBLIC WORKS OPERATIONS AND MAINTENANCE
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WASTEWATER
Staff perform testing and daily inspections of the influent and effluent at the wastewater treatment plant.

Staff disced the property for the new industrial treatment facility. Staff continue to remove rags on a weekly basis at Cal Breeze lift station.

Staff performing weed control at the headworks of the Wastewater treatment plant.

WATER
Staff continue to perform testing and maintenance on the water system. Staff have been actively mapping the water and sewer system for GIS.

PARKS
Staff are mowing weekly now due to the fast growth of the lawns. Staff have been weeding and trimming the parks and other areas in town. Staff cleans restrooms, cleans trash, and makes repairs in parks regularly.

Staff have placed concrete blocks and large rocks around Centennial Park to keep people from parking on the lawns. Staff regularly repair irrigation breaks from people driving on the lawns.

Staff have completed the garden sheds for the community garden and will be installing them soon.

Staff continue to clean the restrooms and grounds at Meyer Park. Staff are using a safe nontoxic product that uses pheromones to chase squirrels away.

GIS Plumbing installed the new heater at the pool. Raypak (the heater manufacturer), was on site for start-up. On the same day after start up, the County happened to stop by, and the pool passed its start up inspection.

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Existing pool heater removal and new installation.

GOVERNMENT BUILDING
Staff continue to maintain all city owned buildings. Staff cleans the Vosti Center restrooms daily. Staff cleans the Council chambers weekly. Staff painted curb stops at the PD for more visibility. Staff also removed weeds and flowers at the PD parking lot.

STREETS
Staff continue to fill potholes. Staff have begun to paint Stop bars and Stop legends on the west side of town. Staff cleaned and weeded the bioswales. Staff perform weed control in town.

Staff weeding Bioswales. Staff weeding along Fanoe Road.

EVENTS
Staff will be participating in the Public Works Month for the month of May. Staff will participate in a BBQ with the south County cities.

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TRAINING
Various staff members participated in a Monterey Bay Waterworks Association training on residual testing.

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City of Gonzales

PUBLIC WORKS / CITY ENGINEER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: May 20, 2024
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, City Manager
SUBJECT: Adjust Monthly Fee for Large Fire Water Meters

RECOMMENDATION
It is recommended that the City Council receive this staff report and approve lowering the monthly fixed fee for 2½-inch, 3-inch, 4-inch, and 6-inch fire flow meters to the 2-inch meter rate.

BACKGROUND
At the August 7, 2023 Council meeting, staff and a rate consultant presented the draft Water and Sewer Rate Study. At the September 18, 2023 Council meeting, staff presented the final Water and Sewer Rate Study. Adoption of the new water and sewer rates occurred at the November 20, 2023 Council meeting and became effective on January 1, 2024.

Water bills are based on:

1. A monthly fixed meter fee based on the size of the meter, and

2. How much water is consumed by the utility customer
The new water rates were based on American Water Works Association methodologies and industry standard practice.

REVIEW & ANALYSIS
Fire flow service is a standby service that a water retailer such as the City makes available on demand.

Although most fire hydrants and sprinkler connections are rarely used, the City must be ready to provide adequate water quantities and pressures to always meet firefighting needs.

AGENDA
ITEM
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There are different methodologies for charging for fire flow service:
• Some agencies do not have fire service rates and charge all customers the same schedule of charges.
• Some agencies charge fire flow service a nominal customer service fee. • The City’s new water rates considered the costs associated with sizing the water system to supply the “maximum day demand plus fire flow” - this method can be very expensive for customers.

This table presents the Fixed Monthly rates that became effective January 1, 2024.

Fiscal Year Previous 2023/24 2024/25 2025/26 2026/27 2027/28 Effective Date July 1, 2023 Jan 1, 2024 Jan 1, 2025 Jan 1, 2026 Jan 1, 2027 Jan 1, 2028 Meter Size +7% +7% +7% +7%
5/8" $22.12 $23.06 $24.68 $26.40 $28.25 $30.22
1" $23.50 $23.50 $24.68 $26.40 $28.25 $30.22
1-1/2" $24.86 $46.12 $49.36 $52.80 $56.50 $60.44
2" $26.26 $73.79 $78.98 $84.48 $90.40 $96.70
2-1/2" $27.28 $110.69 $118.46 $126.72 $135.60 $145.06
3" $29.12 $147.58 $157.95 $168.96 $180.80 $193.41
4" $30.53 $230.60 $246.80 $264.00 $282.50 $302.20
6" $31.94 $461.20 $493.60 $528.00 $565.00 $604.40
A facility owner in the Business Park with a 4-inch meter and two 6-inch meters contacted staff due to the significant increase in the monthly meter fee.

Staff recently conferred with our rate consultant, and they recommended that the City could charge 2½- inch, 3-inch, 4-inch, and 6-inch fire flow meter at the 2-inch meter rate. By charging at the 2-inch meter rate, the City acknowledges that service lines are upsized to accommodate fire flow, but it is not the full rate charged to those larger meters due to the very rare occasion the meter will be used.

Therefore, staff recommends that the City Council consider adjusting the monthly fixed fee for 2½-inch, 3-inch, 4-inch, and 6-inch fire flow meters to be billed at the 2-inch meter rate.

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: Adjusting the water and sewer rates to adequately fund the operations and maintenance of each system is fundamental to maintaining a safe and clean community for residents and businesses.

Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ____ No____ N/A
Explain: The recommended rate structures are based on the cost of service and State requirements.

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

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

ALTERNATIVES
The City Council could decide to continue to charge the current monthly fee for the large fire flow meters.

BUDGET IMPACT
Lowering the monthly fee for large fire flow meters would have a nominal impact on the Water Enterprise Fund as there are only 10 fire flow meters larger than 2-inches.

CONCLUSION
It is recommended that the City Council receive this staff report and approve lowering the monthly fixed fee for 2½-inch, 3-inch, 4-inch, and 6-inch fire flow meters to the 2-inch meter rate.

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City of Gonzales

COMMUNITY DEVELOPMENT DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: May 20, 2024
FROM: Taven Kinison Brown, Community Development Director THROUGH: Carmen Gil, City Manager
SUBJECT: Reimbursement Agreement with TAP Agricultural Partners, LLC

RECOMMENDATION
Staff Recommends approval of, and the City Manager be authorized, to sign a reimbursement agreement between the City of Gonzales and TAP Agricultural Partners, LLC.,

BACKGROUND
TAP Agricultural Partners, LLC., has approached the City about the possibility of participating in furthering a development interest at Heavenly Valley Ranch for a Renewable Energy Project and furthering green to participate in furthering a development interest at Heavenly Valley Ranch for a Renewable Energy Project and furthering green agroecology business services to the Salinas Valley, in the vicinity of the City of Gonzales.

On Monday, April 1, 2024, TAP Agricultural Partners gave a presentation and introduction to a development proposal on their 530-acre Heavenly Valley property location (formerly Fat City Cattle operation) east of the City of Gonzales to inform the City Council and seek interest in supporting their efforts. The City Council expressed their interest in exploring the agroecology business services proposal but also acknowledged that city budgets are tight and that staff has many priorities. Such assistance from the City would need staff and legal counsel hours reimbursed from the partnership.

REVIEW AND ANALYSIS
The attached Reimbursement Agreement is drawn from standard templates employed by the City for these types of undertakings to secure financial compensation for all necessary work, studies and processes that AGENDA
ITEM
14 Packet Pg. 35
will be needed. The scope of work (the Project) was drafted by staff, clarified by the TAP Agricultural Partners and reviewed by the City Attorney to make sure the agreement is appropriate and secures the public’s interest in full cost recovery for City services to be rendered, as well as vetting potentially beneficial economic development scenarios that may come with agroecology business services to the Salinas Valley.

If approved, the agreement provides the mechanism for the City to get reimbursed for staff time and services that will need to be engaged for the feasibility of such a venture to be fully understood.

Specifically, as identified under Section 1 of the agreement, The TAP Agricultural Partners, LLC., will reimburse the City for the costs directly related to:
a) The use of outside consultants when deemed necessary by CITY for the preparation of Projectrelated studies and reports, staff reports and/or general assistance. a. Notwithstanding the foregoing, prior to the CITY retaining the services of outside consultants for the purpose of preparing Project-related studies and reports, CITY shall provide TAP with an itemized written proposal from the outside consultant which includes the proposed cost to perform the services identified therein. b. TAP shall have the right to review and comment upon all such proposals, and CITY shall take such comments into consideration before entering into any agreement for the desired service; and
b) Working with TAP and their Agents to do all things reasonable and necessary to facilitate governmental approvals necessary for TAP to commence construction and development of the Project on the TAP Property in accordance with the primary components and phases being explored for the Project.

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

Explain: While ministerial in nature, reimbursement agreements support the Vision because they allow the City to process important development projects that would bring the jobs and economic development necessary to further the Vision.

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

Explain: Please see the Vision above.

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

Explain: Please see the Vision above
Strong fiscal policies allow us to provide appropriate infrastructure for:

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• 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: Please see the Vision above.

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

FISCAL IMPACT
The reimbursement agreement does not impact the budget. The city's costs to process this project are unknown at this time, but the agreement calls for an initial $15,000 deposit and allows for an increase if necessary and appropriate.

CONCLUSION
Staff recommends approval of, and the City Manager be authorized, to sign a Reimbursement Agreement between the City of Gonzales and TAP Agricultural Partners, LLC.

Attachments:

1. Reimbursement Agreement w/ TAP Agricultural Partners, LLC Packet Pg. 37

REIMBURSEMENT AGREEMENT
THIS REIMBURSEMENT AGREEMENT ("Agreement") is between the CITY OF GONZALES, a political subdivision of the State of California, referred to herein as ("CITY"), and TAP Agricultural Partners, LLC, a California limited liability company, referred to herein as (“TAP”) all of whom shall collectively be referred to herein as (the "PARTIES"), and is made with reference to the following:

Recitals
The PROJECT: TAP Agricultural Partners, LLC, has approached the CITY to participate in furthering a development interest at Heavenly Valley Ranch for a Renewable Energy Project and green agroecology business services to the Salinas Valley, in the vicinity of the City of Gonzales.

Specifically, the proposed Project will be developed in accordance with the plans provided to the CITY by TAP, which are subject to change by TAP in TAP’s discretion. The business proposal is diverse and includes several components and phases. The primary components and phases of the project being explored include:

Phase I
• Recognizing PG&E's limited supply of power available and to determine current demand and additional demand for future projects; and
• Proposing a 90 MW substation on Heavenly Valley property; and • Expanding on opportunities for energy production at the Gonzales Landfill working in partnership with Salinas Valley Solid Waste Authority (SVSWA); and • How best to meet the goals of California Senate Bill SB1383 to implementstatewide organic waste recycling and surplus food recovery; and
• Present organic processing at Johnson Canyon and Salinas Valley biogas producing renewable electricity.
• Lead Agency Suggestion by TAP: The Salinas Valley Solid Waste Authority (SVSWA) Phase II
• Generating solar renewable energy on 127 acres; and
• An additional 10 MV of Renewable Natural Gas Generation (RNG) • Establish a Battery Energy Storage System (BESS) facility; and • Construction and financing of a 10-acre PG&E Substation. • Lead Agency Suggestion by TAP: The County of Monterey.

The Project request from TAP includes a request of how the City of Gonzales could support this Project. Asks of the City of Gonzales include:
• Authorize staff time to pursue this opportunity; and
• Establish a Reimbursement Agreement with the City to be funded by the TAP Agricultural Partners, LLC (this document); and
• Investigate the status, charter and authority of the Gonzales Electrical Authority; and • Engage the City Attorney and Outside Counsel Opinion as may be necessary. (The PROJECT)
A. The Location: The Heavenly Valley Ranch includes approximately 530 acres in the following identified Assessor’s Parcel Numbers east of the City of Gonzales in the Monterey County Packet Pg. 38
Attachment: Reimbursement Agreement w/ TAP Agricultural Partners, LLC (2967 : Reimbursement Agreement with TAP Agricultural Partners, unincorporated areas:
• APN: 123-041-025 70.00 acres +/-
• APN: 223-071-003 127.45 acres +/-
• APN: 223-074-012 73.61 acres +/-
• APN: 223-074-007 71.67 acres +/-
• APN: 223-071-006 22.92 acres +/-
• APN: 223-071-008 6.63 acres +/-
• APN: 223-071-014 7.60 acres +/-
• APN: 223-071-015 5.13 acres +/-
• APN: 223-071-016 6.50 acres +/-
• APN: 223-041-040 38.25 acres +/-
• APN: 223-041-041 39.75 acres +/-
• APN: 223-041-039 40.12 acres +/-
• APN: 223-041-042 20.36 acres +/-
Sum of parcel acreages 529.99 acres +/-
B. CITY charges application processing fees for all development project proposals, and other development related agreements and entitlements in order to recover CITY costs. It is impractical to set a total fixed cost to process project requests due to variation in size and complexity, reports needed and related CITY costs. Therefore, such projects are to be processed on a time-and materials basis with all costs to be borne by the applicant/developer. The applicant/developer for a development project request is required to enter into a Reimbursement Agreement and submit a Reimbursement Deposit, hereinafter defined, prior to CITY undertaking any work on the application.

IT IS THEREFORE AGREED, AS FOLLOWS:

Packet Pg. 39
Attachment: Reimbursement Agreement w/ TAP Agricultural Partners, LLC (2967 : Reimbursement Agreement with TAP Agricultural Partners,

1. Reimbursement for CityCosts.

TAP agrees to reimburse the CITY for all reasonably necessary direct, indirect, and overhead costs, including staff, planning, engineering, legal, environmental, translation and inspection costs, and any fees consistent with adopted City fee schedules, as applicable ("Reimbursable Expenses"), in connection with the following scope of work (each of which shall be itemized by cost and task) and subject to the Cap (as defined below), related to the following scope of work (each of which shall require the prior written approval of TAP):
(a) The use of outside consultants when deemed necessary byCITYfor the preparation of Project-related studies and reports, staff reports and/or general assistance.

Notwithstanding the foregoing, prior to the CITY retaining the services of outside consultants for the purpose of preparing Project-related studies and reports,CITYshall provide TAP with an itemized written proposal from the outside consultant which includes the proposed cost to perform the services identified therein. TAP shall have the right to review and comment upon all such proposals, and CITY shall take such comments into consideration before entering into any agreement for the desired service; and
(b)Working with TAP, and their Agents, to do all things reasonable and necessary to facilitate governmental approvals necessary for TAP to commence construction and development of the Project on the TAP Property, in accordance with the primary components and phases being explored for the Project. . (c) Together, Sections (a)-(c) shall be referred to as the "CITY Work".

2. Reimbursement Deposit.

TAP has deposited, or will deposit upon execution of this Agreement, with the CITY the sum of Twenty-Five Thousand Dollars ($15,000.00) ("Reimbursement Deposit"). ·The Reimbursement Deposit shall be hel1d 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 l, as they accrue. TAP acknowledges that costs associated with CITY Work may exceed the Reimbursement Deposit. The CITY agrees to keep a detailed account of all disbursements from the Reimbursement Deposit and will provide to TAP a detailed statement accounting for charges being paid out of the deposited funds on a monthly basis. Within ten (10) working days after the completion of all CITY Work contemplated by this Agreement, the CITY will return to TAP, without interest, all fund remaining on deposit after payment of all Reimbursable Expenses. If at any time the Reimbursement Deposit is reduced to Five Thousand ($5,000) or less, the CITY shall immediately notify TAP in writing, and TAP shall, within thirty (30) working days after receipt of a written request from the CITY, make an additional deposit of funds sufficient to restore said balance to the amount originally deposited ($15,000), or to such lesser amount as may be specified in said written request from the CITY.

The PARTIES understand that it is difficult to estimate the total cost to the City to process the Project at this time; therefore, in order to maintain fiscal accountability, in addition to maintaining a detailed accounting and keeping the funds in a segregated account, a reimbursement cap of $25,000 (“Cap”) is established. Within $10,000 of reaching the reimbursement Cap, both parties will discuss and attempt to Packet Pg. 40
Attachment: Reimbursement Agreement w/ TAP Agricultural Partners, LLC (2967 : Reimbursement Agreement with TAP Agricultural Partners, agree on any additional work and costs before exceeding the Cap, and if no agreement can be reached, either party may terminate this Agreement on five (5) days’ notice.

TAP 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.

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. Nature of Commitments.

Execution of this Agreement shall in no way be deemed a covenant, promise or commitment by either the CITY or TAP to enter into any subsequent Project-related agreement or to any specific Project-related 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.

4. Termination.

This Agreement may be terminated for any reason by either party upon fifteen (15) days written notice of termination. TAP'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 TAP, or (ii) the Project is ultimately disapproved by any entity with jurisdiction over the Project or abandoned by TAP.

In the event either party provides notice of termination of this Agreement, TAP 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 TAP, along with an accounting of all final disbursements, within thirty (30) days of termination.

5. 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:

Contact at CITY:

City Manager City of Gonzales
Carmen Gil
P.O. Box 647 Gonzales, CA
93926
Email: [email protected] TAP:

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Attachment: Reimbursement Agreement w/ TAP Agricultural Partners, LLC (2967 : Reimbursement Agreement with TAP Agricultural Partners, TAP Agricultural Partners, LLC
c/o Randy Pura
1172 S. Main Street #379
Salinas, CA 93901
Email: [email protected]

6. 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 appellate proceedings.

7. Successors and Assigns.

This Agreement and all of its provisions shall bind the heirs, legal representatives, successors and assigns of TAP Agricultural Partners, LLC and the City of Gonzales.

8. No Agency, Joint Venture or Partnership.

It is understood that TAP Agricultural Partners, LLC.is not an agent of the CITY. The CITY and TAP 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 TAP joint venturers or partners.

9. 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 TAP may terminate this Agreement according to the termination provisions herein.

10.Execution.

This Agreement shall be executed by authorized representatives of the CITY and TAP. The persons executing this Agreement represent that they have the express authority to enter into agreements on behalf of the CITY and TAP.

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.

This Agreement may be signed in Counterparts.

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Attachment: Reimbursement Agreement w/ TAP Agricultural Partners, LLC (2967 : Reimbursement Agreement with TAP Agricultural Partners,

CITY OF GONZALES
_________________________
Carmen Gil, City Manager
Dated: _____________________
TAP Agricultural Partners, LLC
a California limited liability company
_________________________
Randy Pura, Manager
Dated: _____________________
Approved as to form:

Jarvis Fay & Gibson, LLP
Attorneys for the City of Gonzales
__________________________
Michael F. Rodriguez, City Counsel
Dated: _____________________
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Attachment: Reimbursement Agreement w/ TAP Agricultural Partners, LLC (2967 : Reimbursement Agreement with TAP Agricultural Partners, City of Gonzales

PUBLIC WORKS / CITY ENGINEER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: May 20, 2024
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, City Manager
SUBJECT: Resolution 2024-16 Installment Agreement with SWRCB for Industrial Wastewater System

RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2024-16, a Resolution of the City Council of the City of Gonzales Authorizing Execution of a Construction Installment Sale Agreement with the State Water Resources Control Board for the Industrial Wastewater System.

BACKGROUND
The city is in the final steps of securing the financing to construct the 1.0 million gallons per day Industrial Wastewater System Project. Over the last two years, staff worked through the application process for a $28,884,000 loan from the State Water Resources Control Board (SWRCB) with an interest rate is 1.70%. Approval of the Sewer Rates at the November 20, 2023 Council Meeting provide the appropriate funds to repay this loan.

REVIEW & ANALYSIS
On May 6, 2024 SWRCB staff emailed the attached Installment Sale Agreement to city staff. City staff including the City Attorney previously reviewed a draft Installment Sale Agreement and staff’s comments are incorporated into the final Installment Sale Agreement.

Upon the Council’s authorization to execute the agreement, the City Manager will return a signed Installment Sale Agreement to SWRCB staff for their execution. Staff is preparing the Industrial Wastewater Pipeline contract and Industrial Wastewater Treatment Facility for public bidding.

AGENDA
ITEM
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Staff therefore recommends that the City Council authorize execution of the Installment Sale Agreement with the State Water Resources Control Board to construct the 1.0 million gallons/day Industrial Wastewater System.

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

Explain: Constructing an Industrial Wastewater System supports the City’s vision to expand the City’s wastewater system capacity and support residential and industrial developments.

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: Constructing an Industrial Wastewater Treatment Facility will enhance the community’s quality of life by providing for the continued treatment and safe disposal of the wastewater generated by the processing facilities in the Industrial Business Park.

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

ALTERNATIVES
Not adopt this Resolution No. 2024-16. This is not recommended as it may lead to future complications and delays in the loan process.

BUDGET IMPACT
N/A.

CONCLUSION
It is recommended that the City Council adopt Resolution No. 2024-16, a Resolution of the City Council of the City of Gonzales Authorizing Execution of a Construction Installment Sale Agreement with the State Water Resources Control Board for the Industrial Wastewater System.

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Attachments:

1. Resolution No. 2024-16

2. Installment Sale Agreement
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RESOLUTION NO. 2024-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

AUTHORIZING EXECUTION OF A CONSTRUCTION INSTALLMENT

SALE AGREEMENT WITH THE STATE WATER RESOURCES

CONTROL BOARD FOR THE INDUSTRIAL WASTEWATER SYSTEM
WHEREAS, the City of Gonzales (City) applied for a loan from the State Water Resources Control Board (SWRCB) under the Clean Water State Revolving Fund (CWSRF) Program for financial assistance to construct the Industrial Wastewater System (Project); and WHEREAS, in connection with the CWSRF Loan, the City will enter into a Construction Installment Sale Agreement with the SWRCB; and
WHEREAS, SWRCB staff have indicated that this Resolution and the Installment Sale Agreement are necessary for the CWSRF Loan and distribution of loan proceeds to the City during construction of the Project.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Gonzales hereby authorizes the execution and delivery of the Installment Sale Agreement for the purpose of financing the Project and to approve certain matters in connectiontherewith; BE IT FURTHER RESOLVED, by the City Council of the City of Gonzales, as follows:

1. Authorization of the CWSRF Loan. The incurrence of the CWSRF Loan in the principal amount of $28,884,000 with an interest rate of 1.70% for a 30-year term.

2. Approval of the Installment Sale Agreement. The Installment Sale Agreement, substantially in the form on file with the City Clerk, is hereby approved. The City Manager is authorized and directed to execute and deliver the Installment Sale Agreement with such changes, insertions and omissions as may be recommended by the City Attorney and said execution being conclusive evidence of such approval.

3. Good Faith Estimates. The City acknowledges that the good faith estimates required by Section 5852.1 of the California Government Code with respect to each of the CWSRF Loan are disclosed in Exhibit A hereto.

4. Official Actions. The City Manager is authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper to execute the Installment Sale Agreement, and to carry out the transactions contemplated by Installment Sale Agreement and this resolution.

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Attachment: Resolution No. 2024-16 (2988 : Resolution No. 2024-16 Installment Agreement with SWRCB for Industrial Wastewater System) PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting duly held on the 20th day of May 2024 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. 48
Attachment: Resolution No. 2024-16 (2988 : Resolution No. 2024-16 Installment Agreement with SWRCB for Industrial Wastewater System)

EXHIBIT A

GOOD FAITH ESTIMATES
Set forth below are good faith estimates with respect to the CWSRF Loan as required under Section 5852.1 of the California Government Code. The following estimates have no bearing on, and should not be misconstrued as, any not-to-exceed financial parameters authorized by the resolution. The amounts below are estimates and the final costs will depend on market conditions and can be expected to vary from the estimated amounts set forth below.

CWSRF Loan – Industrial Wastewater System Project
(a) The true interest cost of the Loan is estimated at 1.70%, calculated as provided in Section 5852.1(a)(1)(A) of theCode.
(b) The finance charge of the Loan, including all fees and charges paid to third parties, is estimated at $7,992,097.61
(c) The total payment amount calculated as provided in Section 5852.1(a)(1)(D) of the Code is estimated at $36,876,097.61
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Attachment: Installment Sale Agreement (2988 : Resolution No. 2024-16 Installment Agreement with SWRCB for Industrial Wastewater System) Packet Pg. 51
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Attachment: Installment Sale Agreement (2988 : Resolution No. 2024-16 Installment Agreement with SWRCB for Industrial Wastewater System) Packet Pg. 100 Attachment: Installment Sale Agreement (2988 : Resolution No. 2024-16 Installment Agreement with SWRCB for Industrial Wastewater System) Packet Pg. 101 Attachment: Installment Sale Agreement (2988 : Resolution No. 2024-16 Installment Agreement with SWRCB for Industrial Wastewater System) Packet Pg. 102 Attachment: Installment Sale Agreement (2988 : Resolution No. 2024-16 Installment Agreement with SWRCB for Industrial Wastewater System) Packet Pg. 103 Attachment: Installment Sale Agreement (2988 : Resolution No. 2024-16 Installment Agreement with SWRCB for Industrial Wastewater System) Packet Pg. 104 Attachment: Installment Sale Agreement (2988 : Resolution No. 2024-16 Installment Agreement with SWRCB for Industrial Wastewater System) Packet Pg. 105 Attachment: Installment Sale Agreement (2988 : Resolution No. 2024-16 Installment Agreement with SWRCB for Industrial Wastewater System) City of Gonzales

COMMUNITY DEVELOPMENT DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: May 20, 2024
FROM: Taven Kinison Brown, Community Development Director THROUGH: Carmen Gil, City Manager
SUBJECT: Vista Lucia Specific Plan Update

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

BACKGROUND
While the Council is familiar with the long history of the Specific Plan, our last formal update to the Council was many months ago. With quite a bit of progress and coming milestones, staff thought it appropriate to bring a brief update at this time.

REVIEW & ANALYSIS
There are many components and parallel tasks coming together that all will feed into the Vista Lucia Specific Plan project actions necessary by the City and LAFCo for incorporation into City limits. It is the staff’s intent to keep the Council up to date on the steps and tasks underway in the next 3-4 month period.

The primary actions since the Council was last updated include:
• The Applicant’s re-submittal and completion of the draft Specific Plan • Submittal of a First Tentative Map
• The adoption of new LAFCO Agricultural Mitigation Policy, notably laying out o Ongoing "Good Faith" Effort
o Phased Annexation Approach
• The Draft Development Agreement is nearly completed.
• An Affordable Housing Agreement is nearly completed.

AGENDA
ITEM
16 Packet Pg. 106
• The Draft Environmental Impact Report was circulated to public review. • The FEIR Final Environmental Impact Report (Response to Comments) is nearly complete and is in City Attorney review before its release.
• Several meetings with the Gonzales Unified School District on the proposed school site / Completion of Agreement.
• City Staff and consultant meetings with LAFCO staff.
• Progress on staff reports & exhibits and the LAFCO Plan For Services.

While legislative and discretionary actions for the “whole” of the 770- acre Specific Plan Project are expected to be before the Planning Commission and City Council in the Fall of 2024, the primary “first piece” of this project will be addressing the “Phase A” Tentative Map proposal that will include 224 acres configured as seen below:

This 224-acre size of the first Tentative Map has been selected to represent the phasing policy likely to be applied by LAFCo from their recent policy determinations, as well as to demonstrate that affordable housing neighborhoods and opportunities are include in the first phase of this major development proposal.

This report is merely an update and check-in, and no discretionary actions are requested of the City Council.

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

Packet Pg. 107
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.

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

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

Explain: This update for the City Council is meant to keep all informed of the work underway, and the work ahead. Eventual approval of such specific plans will allow for the City to grow its population and allow new housing for the spectrum of income demographics, including full market rate housing. Key supporting studies and the draft Development Agreement, and Environmental Impact Report are focused on providing City services in a cost-effective, respective and friendly manner to ensure the safety and well-being of the new populations to come, without burden on the existing residents. The city/neighborhood-entered designs of the General Plan and specific plan promote and provide for new business, new recreation, housing and employment opportunities in an environmentally sustainable manner.

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

ALTERNATIVES
Receive staff report and provide comments and directions, if desired.

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

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

CONCLUSION
Receive the staff report and provide comments and directions, if desired.

Packet Pg. 108
Attachments:

1. Vista Lucia Specific Plan Update
Packet Pg. 109
Vista Lucia Specific Plan Update – City Council
Packet Pg. 110 Attachment: Vista Lucia Specific Plan Update (2987 : Vista Lucia Specific Plan Update) Packet Pg. 111 Attachment: Vista Lucia Specific Plan Update (2987 : Vista Lucia Specific Plan Update) Vista Lucia Specific Plan – What is In It?
• Section 1 - Introduction
• (Background, Vision, Organization)
• Section 2 - Development Plan
• (Land Uses, Phasing, Affordable Housing)
• Section 3 - Circulation and Mobility
• (Vehicle Traffic & Other Transportation)
• Section 4 - Development Standards and Regulations
• (Rules for Building the Project)
• Section 5 - Infrastructure and Public Services
• (Water, Wastewater, Stormwater, Utilities, Police, Fire, Schools) • Section 6- Administration, Implementation and Financing • (Paying to Build and Maintain the Project)
Packet Pg. 112 Attachment: Vista Lucia Specific Plan Update (2987 : Vista Lucia Specific Plan Update) Vista Lucia Specific Plan – Primary Actions Since Update • Applicant Re-Submittal and Completion of Draft Specific Plan • Submittal of First Tentative Map
• Adoption of LAFCO Ag Mitigation Policy
o Ongoing "Good Faith" Effort
o Phased Annexation Approach
• Draft Development Agreement Nearly Completed
• Draft Affordable Housing Agreement Nearly Completed
• Draft Environmental Impact Report Circulated to Public Review • Meetings with Gonzales Unified School District on School Site / Completion of Agreement
• Meetings with LAFCO Staff
• Progress on Project Staff Reports & Exhibits, LAFCO Plan For Services Packet Pg. 113 Attachment: Vista Lucia Specific Plan Update (2987 : Vista Lucia Specific Plan Update) Packet Pg. 114 Attachment: Vista Lucia Specific Plan Update (2987 : Vista Lucia Specific Plan Update) Vista Lucia Specific Plan – Project Calendar – Remaining Actions
• Final EIR / Mitigation Monitoring Reporting Program
(June 2024)
• Public Hearings at PC / CC (Summer 2024)
• LAFCO Application & Hearings (Late 2024 – Early 2025) Packet Pg. 115 Attachment: Vista Lucia Specific Plan Update (2987 : Vista Lucia Specific Plan Update) Vista Lucia Specific Plan – Project Calendar – Remaining Actions
• Completion of Outstanding Agreements (May 2024)
• Final EIR / Mitigation Monitoring Reporting Program
(June 2024)
• Public Hearings at PC / CC (Summer 2024)
• LAFCO Application & Hearings (Late 2024 – Early 2025) Packet Pg. 116 Attachment: Vista Lucia Specific Plan Update (2987 : Vista Lucia Specific Plan Update) City of Gonzales

COMMUNITY DEVELOPMENT DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: May 20, 2024
FROM: Taven Kinison Brown, Community Development Director THROUGH: Carmen Gil, City Manager
SUBJECT: Ordinance No. 2024-143 Amending Chapter 12.116 Signs of Title 12 - Part 5 Regulations Applying in All Districts of the Gonzales City Code.

RECOMMENDATION
It is recommended the City Council conduct a public hearing, adopt, waive reading, and read by title only Ordinance No. 2024-143, An Ordinance of the City Council of the City of Gonzales, Amending Chapter

12.116 Signs of Title 12 - Part 5 Regulations Applying In All Districts of the Gonzales City Code.

BACKGROUND
The City has an opportunity to generate revenue if we enable free-standing off-site advertising billboard signs to be permitted in the City in a limited manner. Additionally, staff believes that public safety and information distribution will be enhanced with such a sign.

Staff has approached the City Council on previous occasions to determine their interest in allowing such a sign on a city-owned property, where the community would benefit from the lease revenue and rental agreement that would accompany such a sign. The City Council acknowledged the potential public benefits and gave their support to staff advancing such a proposal.

The next order of business would be to revise the City of Gonzales Sign Code to enable the consideration of free-standing off-site advertising billboard signs, and the second order would be to later entertain a specific development proposal from a sign company to construct and establish such a sign.

Following staff’s update to the City Council, February 5, 2024, staff prepared revisions to the City of Gonzales Sign Ordinance (Zoning Code Section 12.116) to enable Freeway Oriented Reader Board signs.

AGENDA
ITEM
17 Packet Pg. 117
On Monday, April 8, 2024, the Planning Commission considered revisions to the Sign Ordinance to enable such signs. The Planning Commission adopted PC Resolution 2024-01 recommending that the City Council support the revisions to the sign code and Adopt a revised ordinance as attached to that resolution. (See Attachments 1 and 2).

REVIEW AND ANALYSIS
Since the April 8, 2024, recommended action by the Planning Commission to adopt the sign ordinance revisions as attached to Resolution PC 2024-01, staff has become aware of several clarifications that would enhance and improve a revised sign ordinance. Staff considers these minor housekeeping-type adjustments and believes there would be no value-added returning the item to the Planning Commission.

The particular adjustments and the staff reasoning follows:
• In Section 12.116.03 PROHIBITED SIGNS. The following signs are prohibited. o Part C. “Streamers, banners, balloons, flares, flags, pennants, twirlers and similar attention getting devices, with the exception of the following:

1. National, state and local governmental flags properly displayed upon flagpoles.

2. Holiday decorations, in season.

3. One corporate flag displayed upon a single flagpole.

4. Grand opening and special event displays which comply with the regulations of this section.

5. One decorative flag per residence.

Staff does not consider holiday decorations as “signs,” and even as an “exception” item here, Number 2 is non-contributory and out of place to the intent of the sign ordinance to provide regulation for signs for advertising and identification purposes. • In Section 12.116.040 GENERAL REGULATIONS REGARDING SIGNS:
o No portion of the surface of any illuminated sign or any visible lamp illuminating a sign shall have a brightness exceeding one hundred fifty (150) foot-lamberts. Off-site digital advertising billboards shall be at a maximum of 0.3 foot-candles over ambient light levels.
o F. Illumination Generally: Light produced by an off-site advertising sign should not exceed 0.3 footcandles over ambient light levels. Measurement should be taken utilizing a footcandle meter from 250 feet perpendicular to the face of the digital sign.

This housekeeping measure provides clarity on what distance from the sign the brightness shall be measured and keeps the “light-units” consistent with other city code references to light measurements in footcandles, dispensing with the less familiar “foot-lamberts.” • 12.116.125 OFF-SITE ADVERTISING BILLBOARD SIGNS:
o A. No new outdoor advertising sign may be less than 2,500 feet from an existing outdoor advertising sign.
o A. No new permitted off-site advertising sign may be less than 3,000 feet from an existing permitted off-site advertising sign.

The Intent of new section 12.116.125 A. is to reduce the potential of an additional off-site advertising sign being proposed in another part of the City, potentially distracting and cluttering the visual landscape of the City and drivers’ experiences passing through on the freeway. As we don’t have an exact location of where such a sign could be placed in the industrial zoned landscape, staff realized (a little late) that potential existed that two signs could be placed more Packet Pg. 118
than 2,500 feet apart in the Industrial Designation on the west side of Hwy 101. This was always the intent of staff to write the new code sections narrow enough that we can allow such a sign, but not open the code to more than one. This housekeeping measure, bumping the distance to 3,000 feet should allow flexibility on the placement of the City’s first eventual sign of this nature, and close the door on a second sign.

For the reasons discussed above, staff recommends that the City Council consider and incorporate staff’s housekeeping changes and adjustments to PC 2024-01 as described in the staff report and adopt the revised Sign Ordinance 12.116 as attached to the staff report.

Renderings of potential signs the revised sign ordinance hopes to enable Potential location in the city landscape where a free-standing off-site advertising billboard sign could be permitted with a revised sign code
Explain the Recommendation and How it Supports the Vision Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.

Explanation: While such a sign may be modern and new, the technology and architectural opportunities of such a sign can enhance the economic prosperity of local businesses and complement the local landscape. Being able to display community alerts and immediate emergency information will enhance public safety.

Packet Pg. 119
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.

Explanation: To realize this revenue opportunity for the City, Community Development Department staff committed to revise the sign ordinance on regular staff time and present the opportunity to the Planning Commission and City Council. Should such a free-standing off-site advertising billboard sign eventually be erected in the City, the revenue opportunity for the City, and the advertising opportunity for local businesses and the public safety aspect of immediate informative directions and messages to the community may be realized; each in turn, enhancing the quality of life for our diverse community.

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

Explanation: See above explanations.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No 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
Explanation: Please see the Vision above.

ALTERNATIVES
The following alternatives are presented for City Council consideration:
• Do not introduce the revised ordinance, and maintain the current sign ordinance; or • The City Council may consider Planning Commission Resolution PC2024-01 and the draft Sign Ordinance from April 8, 2024; or
• The City Council may consider staff’s housekeeping changes and adjustments to PC 2024-01 as described in the staff report, and adopt the revised sign ordinance as attached to the May 6, 2024, City Council staff report; or
• The City Council may ask for additional work or study of the matter and send the draft ordinance back to staff and the Planning Commission; or
• The City Council may table the matter.

FISCAL IMPACT
There is no direct cost from the proposed action, but a revenue opportunity could result. Staff time applied to the matter to date, has been in the context of the daily and regular activities of the Director.

Should a free-standing off-site advertising billboard sign be permitted in a limited manner, the City of Gonzales could realize rent or lease revenue if placed on City property. Indemnification and potential revenue sharing conventions would be negotiated per the new code Section 12.116.125.

Packet Pg. 120
It is also the intent of the City Manager and Economic Development Division to facilitate advertising and awareness of our local city businesses, who will likely be offered sign time at a reduced “local business” rate (a standard industry practice). Increased business activity in Gonzales would have a positive secondary impact on municipal revenues, as increased retail sales tax revenues would return to the city.

A future use permit application for an actual sign structural proposal will be subject to a $1,200 deposit and staff time will be compensated on a time and materials basis, at no cost to the city.

ENVIRONMENTAL REVIEW
The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3) on grounds that it can be seen with certainty that the proposed ordinance will not have a significant, adverse effect on the environment as written as only one sign can be allowed and would be placed on a highway-adjacent location without the opportunity for significant impact to the community.

Drawing upon the allowances of the revised sign ordinance, any off-site advertising billboard sign proposal will be subject to individual and specific environmental review under CEQA.

CONCLUSION
It is recommended the City Council conduct a public hearing, adopt, waive reading, and read by title only Ordinance No. 2024-143, An Ordinance of the City Council of the City of Gonzales, Amending Chapter

12.116 Signs of Title 12 - Part 5 Regulations Applying In All Districts of the Gonzales City Code.

Attachments:

1. Planning Commission April 8, 2024, staff report

2. Resolution No. PC 2024-01 w/ Exhibit A

3. Ordinance No. 2024-143 w/ Exhibit A

4. Proof of Publication
Packet Pg. 121
City of Gonzales

PLANNING COMMISSION

COMMUNITY DEVELOPMENT DEPARTMENT

STAFF REPORT
DATE:

TO:

FROM:

April 8, 2024
Honorable and Planning Commission
Taven Kinison Brown, Community Development Director
THROUGH: Carmen Gil, City Manager
SUBJECT: Resolution No. PC 2024-01 Recommending the City Council to Adopt an Ordinance Amending Chapter 12.116 Signs of Title 12 - Part 5 Regulations Applying in All Districts of the Gonzales City Code.

RECOMMENDATION
Staff recommends that the Planning Commission consider Approval of Resolution No. PC 2024-01, A Resolution Of The Planning Commission Of The City Of Gonzales Recommending The City Council To Adopt An Ordinance Amending Chapter 12.116 Signs Of Title 12 - Part 5 Regulations Applying In All Districts Of The Gonzales City Code.

BACKGROUND
The City has an opportunity to generate revenue if we enable free-standing off-site advertising billboard signs to be permitted in the City in a limited manner. Additionally, staff believes that public safety and information distribution in cases of emergency or urgency will be enhanced with such a sign.

Staff has approached the City Council previously to determine their interest in potentially allowing such a sign on a city-owned property, where the community would also benefit financially from the lease and rental agreement that would accompany such a sign. The City Council acknowledged the potential public benefits and gave their support to staff advancing such a proposal. Advancing such a proposal comes with two basic steps, the first being to revise the City of Gonzales Sign Code to allow such signs, and the second would be to entertain a development proposal from a sign company that would want to construct and establish such a sign within the City.

AGENDA
ITEM
5 Packet Pg. 122 Attachment: Planning Commission April 8, 2024, staff report (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - recommendation to the City Council. The revisions to the sign code also include minor amendments for housekeeping, cleanup, and modernization to the sign code originally adopted 52 years ago in 1972. Staff has included a line-in, strike-out version of the ordinance changes. See Attachment 1.

ANALYSIS
Presently, the aging City of Gonzales Sign Code has provisions restricting billboards (offpremises business identification signs) and also includes prohibitions against internal - technology, bright lights and spill-over to housing areas, and fears of distracting drivers, drove the cautions and prohibitions into the sign codes. Additionally, we have learned how to write sign codes in such a specific manner now that such new signs will not have a chance to proliferate everywhere and clutter up the city landscapes and be distracting from the character of the town that we have come to love.

Renderings of potential signs the City Council hopes to enable:

A new definition will be added to the sign code: DIGITAL DISPLAY: An electronic message display with either fixed or changeable display which may be changed by electronic processes or remote control, which may include words and/or pictures and composed of a series of lights, light emitting diodes (LEDS) or liquid crystal displays (LCDs) or functionally similar signs.

As such signs are adjacent to freeway traffic, the State Department of Transportation, (Caltrans) also has regulations that must be considered. The primary new introductions to the sign code include the definition of Digital Display, above, and development parameters, regarding height, placement, location, and functionality as written in new Section 12.116.125.

12.116.125 OFF-SITE ADVERTISING BILLBOARD SIGNS
A. No new outdoor advertising sign may be less than 2,500 feet from an existing outdoor advertising sign.

B. New off-site advertising signs will only be allowed on property zoned industrial.

Packet Pg. 123 Attachment: Planning Commission April 8, 2024, staff report (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - C. No new outdoor advertising structure shall be less than 500 feet from any existing church, park, or school.

D. Only highway facing signs will be allowed.

E. Digital or static display is allowed.

F.

G. The display sign area may be no more than 672 square feet, per face side.

H. Digital displays shall not rotate copy more frequently than every 6 seconds.

I. Sign structure and final architectural design must be approved by the City Planning Department and be consistent with the recommendations of a design review process.

J. Development agreement, lease agreement or other agreement with the City of Gonzales. a. The operations and City conditions for the use and utility of the advertising display shall be included as part of a development agreement, lease agreement or other agreement with the City of Gonzales, City Council. b. The agreement must include revenue provisions to the City that allow the City to undertake projects, programs or other activities funded by the City.

The other nuts and bolts of the sign code changes are in revised section 12.116.040 General Regulations Regarding Signs. (See Attachment 1)
How to proceed.

To enable the City to proceed the Planning Commission will need to review the draft Ordinance with the changes to the Sign Code included to adopt a resolution with their recommendation to the City Council. Staff has attached the full draft Ordinance and has prepared and attached a Planning Commission resolution for consideration.

CONCLUSION
The City has both an opportunity to be pioneering in allowing such a modern well-designed sign type in the City of Gonzales, as well as boldly embracing an opportunity for revenue generation through a later negotiated lease for the use of such a sign on city property. Updating and modernizing our sign code will allow the City to entertain a future development proposal for such a sign type and to realize a good rent that will be negotiated. The new code sections have provisions for design review that will assure that any new sign of such stature and prominence will be complementary to the City of Gonzales and its businesses and citizens.

Through the attached Planning Commission Resolution (Attachment 2), Staff recommends that the Planning Commission consider Approval of Resolution No. PC 2024-01, A Resolution Of The Planning Commission Of The City Of Gonzales Recommending The City Council To Adopt An Ordinance Amending Chapter 12.116 Signs Of Title 12 - Part 5 Regulations Applying In All Districts Of The Gonzales City Code.

Packet Pg. 124 Attachment: Planning Commission April 8, 2024, staff report (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Attachments:

1. Revised Ordinance Amending Chapter 12.116 Signs

2. Resolution No. PC 2024-01
Packet Pg. 125 Attachment: Planning Commission April 8, 2024, staff report (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - RESOLUTION NO. PC 2024-01

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GONZALES

RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE
AMENDING CHAPTER 12.116 SIGNS OF TITLE 12 - PART 5 REGULATIONS

APPLYING IN ALL DISTRICTS OF THE GONZALES CITY CODE
WHEREAS, the City of Gonzales last updated provisions of the Sign Code, Chapter 12.116 in 2010, (fourteen years ago) and has a foundation dating back to 1972 (52 years ago); and WHEREAS, the City of Gonzales staff realized that its old and dated sign code would disallow newer technology and matured modern marketing structures, including well-designed architecturally pleasing, publicly informative, revenue generating electronic display signs; and WHEREAS, the City of Gonzales staff approached the City Council with a presentation to introduce the subject of allowing electronic display sign types, and to discuss potential liabilities and revenue opportunities for the City; and
WHEREAS, after consideration, the City Council directed that they would be open to allowing such signs through revisions to the Sign Code; and WHEREAS, staff then took the initiative to update and expeditiously modernize the City Sign Code to enable such electronic display sign proposals; and WHEREAS, staff has presented a revised sign code that also includes that such signs (when and if proposed) would be subject to a Planning Commission Use Permit, design review, and a City Council negotiated lease; and
WHEREAS, following a duly noticed public hearing and taking public testimony on April 8, 2024, the City of Gonzales Planning Commission recommends that the City Council adopt an ordinance amending Chapter 12.116 Signs, of Title 12 - Part 5 Regulations Applying In All Districts of the Gonzales City Code.

NOW THEREFORE, the Planning Commission of the City of Gonzales recommends that the City Council of the City of Gonzales ordain as follows:

SECTION 1. Recitals. The above recitals are hereby incorporated herein by reference, SECTION 2. CEOA. The City Council finds and determines that the proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061 (b )(3) on the grounds that it can be seen with certainty that the proposed Ordinance revisions will not have a significant, adverse effect on the environment.

SECTION 3. Enactment. Revised Chapter 12.116 Signs, of Title 12 - Part 5 Regulations Applying In All Districts of the Gonzales City Code is hereby removed and replaced with the revised Chapter 12 .116 Signs, of Title 12 - Part 5 Regulations Applying In All Districts (Attachment 1).

Packet Pg. 126 Attachment: Resolution No. PC 2024-01 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) SECTION 4. Severability. If any provision(s) of the Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that they would have adopted the ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

SECTION 5. Posting. The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council and shall cause this ordinance to be published or posted in accordance with Government Code section 36933 as required by law.

SECTION 6. Effective Date. This ordinance shall be effective thirty (30) days following its adoption.

PASSED AND ADOPTED by the Planning Commission of the City of Gonzales at a meeting held on this 8th day of April 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

COMMISSIONERS: Gloria Velasquez, Tencia Vargas, Alejandro Ramirez COMMISSIONERS:

COMMISSIONERS:

COMMISSIONERS: Ernesto Mancera, Adrian Paco
u~
o ia Velasquez, Chairperson
~~ Mary Villegas, Deputy City Clerk
Packet Pg. 127 Attachment: Resolution No. PC 2024-01 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) CHAPTER 12.116
SIGNS
SECTION:

12.116.010 Intent

12.116.020 Definitions

12.116.030 Prohibited Signs

12.116.040 General Regulations Regarding Signs

12.116.050 Requirement For Permit; Exemptions

12.116.060 Application For Permit

12.116.070 Criteria For Review Of Application

12.116.080 Signs In Agricultural And Residential Districts

12.116.090 Signs In Industrial Districts

12.116.100 Signs In Neighborhood And Highway Commercial Districts

12.116.110 Signs In Downtown Mixed Use District

12.116.120 Freestanding Freeway Signs

12.116.125 Off-site Advertising Billboard Signs

12.116.130 Off Site Directional Signs

12.116.140 Temporary Subdivision Signs

12.116.150 Temporary Construction Signs

12.116.160 Public Interest Signs

12.116.170 Open House Signs In Residential Districts

12.116.180 Temporary Political Signs

12.116.190 Gasoline Price Signs

12.116.200 Comprehensive Signage Program

12.116.210 Special Permits

12.116.220 Nonconforming Signs

12.116.230 Violations; Removal Of Illegal Signs

12.116.010 INTENT:

In order to preserve the natural beauty of the city, to maintain the orderliness of the community’s appearance, to conserve its residential character, and to protect the public safety, the location, size, illumination, and design of signs are regulated. (Ord. 2000-03, 8-7-2000)

12.116.020 DEFINITIONS:

In addition to the definitions set forth in chapter 12.08 of this title, all of which are applicable herein, for the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section, unless the context or the provision clearly requires otherwise:

BILLBOARD: An on-site or off-site freestanding sign that exceeds the size limitations of a freestanding or wall sign.

COMPREHENSIVE SIGN
PROGRAM:

A general plan for signage, as approved by the city, pertaining to all or any portion of a site and the buildings thereon, which may include, but is not limited to, the area, dimension, color, material, design, size, and illumination of all signs to be erected or installed pursuant to the sign program.

DIGITAL DISPLAY An electronic message display with either fixed or changeable display which may be changed by electronic processes or remote control, which may include words and/or pictures and composed of a series of lights, light emitting diodes (LEDS) or liquid crystal displays (LCDs) or functionally similar signs.

DIRECTIONAL SIGN, OFF
SITE:

A sign, located on one parcel, advertising and/or directing traffic to a business located on a different parcel within the city.

EXHIBIT A
Packet Pg. 128 Attachment: Resolution No. PC 2024-01 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) DIRECTIONAL SIGN, ON SITE: A sign, the sole purpose of which is to direct the flow of traffic, indicate entrances or exits, transmit parking information or convey similar information.

HEIGHT: The vertical distance measured from the lowest ground level directly beneath the sign to the highest point at the top of the sign. The ground level shall be either the natural grade or finished grade, whichever is lowest.

SIGN: Any lettering, symbol or other thing of visual appearance primarily used for, or having the effect of attracting attention from the street, sidewalk or other outside public arena for advertising or identification purposes. A "sign" shall not mean displays of merchandise or products for sale on the premises, or ornamentation, designs, pictures, paintings or other such art forms unless the attraction, because of location, size, use or nature thereof, has the substantial effect of attracting attention for advertising or identification purposes when viewed from an outside area.

SIGN AREA: The area of the smallest rectangle drawn to include all letters, designs, frame, and structural components which are part of the sign, but excluding any supports, uprights, posts or structures by which any sign is supported unless such supports, uprights, posts or structures are designed in such a manner as to form an integral background of the sign. In computing the area of a double face sign, only one face of the sign shall be included, provided that the two (2) faces shall be approximately the same size and approximately parallel to each other and not more than two feet (2’) apart at any point.

SIGN, FREESTANDING: A sign supported by one or more upright poles, columns, or braces placed in or on the ground and not attached to any building or structure.

SIGN, IDENTIFICATION: A sign, the sole purpose of which is to identify the site or the building, use or persons occupying the site on which the sign is located.

SIGN, ILLUMINATED: A sign having its own immediate source of internal or external lighting.

Externally Illuminated Sign: A sign with an immediate source of illumination that is not completely enclosed by any portion of the sign.

Internally Illuminated Sign: A sign with an immediate source of illumination that is completely enclosed by the surface of the sign structure or the characters of the sign.

SIGN, OPEN HOUSE: An off site portable sign directing prospective purchasers to the location of a singlefamily dwelling being offered for sale and open for visitation by the public at the time the sign is displayed.

SIGN, POLE: A sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is six feet (6’) or more above grade.

SIGN, POLITICAL: A temporary sign that directly relates to a candidate for public office or to a ballot issue, in an election conducted by a governmental entity.

SIGN, PORTABLE: Any sign which is intended to be moved or capable of being moved, whether or not on wheels or other special supports, including, but not limited to, "A-frame" type signs, placards and banners.

SIGN, REAL ESTATE: A temporary sign advertising the sale, lease or rental of the real property, or any portion thereof, upon which the sign is located and the identification of the person handling such sale, lease or rental.

EXHIBIT A
Packet Pg. 129 Attachment: Resolution No. PC 2024-01 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) SIGN, SPECIAL EVENT: A temporary sign pertaining to events of civic, community, philanthropic, educational or religious organizations, which are not conducted in connection with the operation of a commercial enterprise.

SIGN, SUBDIVISION: A temporary sign advertising a subdivision and providing travel directions to singlefamily dwellings therein offered for sale or lease for the first time. The term "subdivision sign" also includes a model home sign on the site of a single-family dwelling within the subdivision.

SIGN, WALL: A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than twelve inches (12") from such a building or structure.

SIGN, WINDOW: A sign that is applied or attached to the exterior or interior of a window or located in such a manner within a building that it can be seen from the exterior of the structure through a window. (Ord. 2000-03, 8-7-2000)

12.116.030 PROHIBITED SIGNS:

The following signs are prohibited:

A. Reflective, flashing or moving signs, except for signs subject to Section 12.116.125 or public service time and temperature signs which shall not be flashing, animated or revolving in nature.

B. Portable signs, except for open house signs, political signs, and special event signs that comply with the regulations of this section.

C. Streamers, banners, balloons, flares, flags, pennants, twirlers and similar attention getting devices, with the exception of the following:

1. National, state and local governmental flags properly displayed upon flagpoles.

2. Holiday decorations, in season.

3. One corporate flag displayed upon a single flagpole.

4. Grand opening and special event displays which comply with the regulations of this section.

5. One decorative flag per residence.

D. Any sign affixed or attached to any vehicle or trailer, unless the vehicle or trailer is intended to be used in its normal business capacity and not for the primary purpose of advertising a use or event or attracting persons to a place of business.

E. Signs or sign structures which by color, wording or location resemble or conflict with traffic control signs or devices.

F. Signs that create a safety hazard by obstructing the clear view or safe movement of vehicular or pedestrian traffic.

G. Signs that obstruct any door, window, fire escape or other emergency exit of any building.

H. Posters, placards, announcements, advertising and similar signs that are erected on any fence, pole, tree, pavement, wall, bus stop, bench, or any other object in or upon a public highway, public street or public right of way, excepting notices posted by a public officer in the performance of a public duty, or by any person for the purpose of giving legal notice, and warning or informational signs required or authorized by governmental regulations.

EXHIBIT A
Packet Pg. 130 Attachment: Resolution No. PC 2024-01 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) I. Billboards, excepting those that may be approved subject to Sections 12.116.120 and 12.116.125 J. Window signs, except as provided in subsection 12.116.050B11 of this chapter, or approved as part of a sign permit pursuant to section 12.116.060 of this chapter. (Ord. 2005-32, 4-18-2005)

12.116.040 GENERAL REGULATIONS REGARDING SIGNS:

A. Compliance With Section: No sign shall be erected, installed, altered, or maintained in any zoning district in the city, including public and private streets therein, except in conformity with provisions of this section.

B. Compliance With District Regulations: All signs shall comply with the particular regulations of the district in which they are located. Additional sign height may be allowed subject to review and approval of a Conditional Use Permit.

C. Compatibility With Surroundings: The design, color, and location of each sign shall be compatible with the architecture of the buildings on the premises, and in harmony with the structures and other improvements on the property or in the vicinity or neighborhood where sign compatibility is a policy decision.

D. Site Restriction: All signs shall be located on the same site as the use they identify or advertise, except off site directional signs as described in section 12.116.130 temporary subdivision signs as described in section 12.116.140, public interest signs as described in section 12.116.160 open house signs as described in section 12.116.170, temporary political signs as described in section 12.116.180 , and off-site advertising billboard signs in Section

12.116.125
E. Sign Projection: No sign shall extend above the ridgeline of a building, nor project more than thirty inches (30") from the outside wall of a building, nor more than twelve inches (12") over any street or alley. The projection is measured on a line perpendicular to the wall. All projecting signs that project over a walkway or public right of way shall have a clearance of nine feet (9’) above grade. Off-site advertising billboard signs as described in Section

12.116.125, not attached to a building, shall be exempt to this provision.

F. Illumination Generally: No portion of the surface of any illuminated sign or any visible lamp illuminating a sign shall have a brightness exceeding one hundred fifty (150) foot-lamberts. Off site digital advertising billboards shall be at a maximum of 0.3 foot-candles over ambient light levels.

G. Illumination Near Residential Districts: Illuminated signs with a brightness more than thirty (30) footlamberts shall not be erected nearer than fifty feet (50’) from any point in a residential district unless the face of the sign is not visible from the residential district.

H. Size Of Letters: Unless otherwise prescribed in this chapter, no sign shall have letters greater in size than eighteen inches (18") in any dimension, except that in the I district, letters of sixty inches (60") may be permitted.

Off-site advertising billboard signs are exempt from this provision.

I. Backs And Supports: The backs and supports of all signs shall be subdued.

J. Construction Standards: All signs shall be constructed in such a manner as to protect the public safety.

Construction standards shall be as set forth in the latest edition of the uniform building code as adopted by the city.

K. Freestanding Signs: Except as otherwise expressly provided in this section, all signs shall be affixed to the building or structure, the use of which is being advertised or identified, and shall not be freestanding. Where freestanding signs are allowed, freestanding signs shall not exceed ten feet (10’) in height except for off-site advertising billboards and as otherwise provided in this chapter.

L. Roof Signs: Roof signs must:

1. Be erected only on a roof whose pitch is at least one vertical to four (4) horizontal.

2. Have a face no more than two feet (2’) measured vertically.

3. Be located so the face is parallel to the eaves in front of the sign.

EXHIBIT A
Packet Pg. 131 Attachment: Resolution No. PC 2024-01 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval)

4. Be set no more than eight inches (8") above the roof.

5. Be designed and erected so that no part of its face is higher than either the peak or an elevation five feet (5’) above the eaves in front of the sign.

6. Have architecture and site approval by the planning director.

M. Signs Suspended From Marquee: All signs suspended from a single marquee shall be uniform in size, shape, placement, and background color. Such signs shall have a clearance of at least eight feet (8’) above grade.

N. Multiple Uses On Same Site: Where more than one use is lawfully being conducted upon the same site, the total signage for each separate use shall not exceed the sign area for such use as prescribed in this chapter. No sign area may be increased by reason of there being no signage or reduced signage for another use upon the same site.

O. Reduction Of Sign Area: The regulations concerning sign area, as set forth in this chapter, represent the maximum size that may be permitted but do not confer upon any person the right to erect, install, or maintain a sign or signs having such maximum area. As a condition for the granting of any sign permit hereunder, the approving authority may require that the size of the sign be reduced below the maximum sign area set forth herein, based upon a finding that such reduction is necessary to satisfy the criteria set forth in section 12.116.070 of this chapter. (Ord. 2001-13, 11-19-2001)

12.116.050 REQUIREMENT FOR PERMIT; EXEMPTIONS:

A. Permit Required: No person shall place, erect, install, or maintain any sign in the city without first obtaining a sign permit pursuant to this chapter, unless such sign is exempted under the provisions listed in subsection B of this section.

B. Exemptions: Except in the case of illuminated signs or any signs that are subject to approval by the city under the terms of any sign program or as a condition of any building site approval, use permit, variance or other approval granted by the city, the following signs shall be exempted from the requirement of a permit:

1. One identification sign, not exceeding ten (10) square feet in area, which is not freestanding.

2. Not more than two (2) on site directional signs upon a single site, each sign not exceeding three (3) square feet in area and five feet (5’) in height. Such signs may be freestanding.

3. One national, state and local governmental flag properly displayed upon a single flagpole.

4. Holiday decorations, in season.

5. Open house signs that comply with the requirements of section 12.116.170 of this chapter.

6. Political signs that comply with the requirements of section 12.116.180 of this chapter.

7. One real estate sign, not exceeding six (6) square feet in area if located in an R-1 or R-2 district, and not exceeding twelve (12) square feet in area if located in an HC, NC, MU or I district. The sign may be freestanding, but in such an event it shall not exceed four feet (4’) in height.

8. One bulletin board, not exceeding twenty (20) square feet in area and not more than ten feet (10’) in height, on the site of a school or religious institution.

9. Official traffic, fire, and police related signs, temporary traffic control signs used during construction, utility location and identification signs and markers required to protect such facilities, and any signs required by the city or any other public authority to be erected, installed or maintained.

10. Notices required to be posted by law.

EXHIBIT A
Packet Pg. 132 Attachment: Resolution No. PC 2024-01 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval)

11. Window signs of a temporary character presenting promotional materials such as price specials, specific merchandise or food items for sale, brand names and logos and other product information, that do not exceed twenty five percent (25%) of the visible area of a window and which conform to the following standards:
a. Window signs shall be grouped in a portion of the window so as to maintain a rectangular area of the window equal to seventy five percent (75%) of the total window area free of any such signs. b. Window signs shall be maintained in a clean, attractive manner. Faded, outdated, or obsolete advertising material, and unnecessary tape or adhesives should be promptly removed. c. Window signs shall not obstruct visibility into the store or office from the public street or sidewalk and shall be arranged so as to provide for reasonable public safety.

12. Informational signs placed upon an entrance door or window adjacent to an entrance, of not more than two hundred eighty eight (288) square inches of decal application lettering, not to exceed four inches (4") in height, indicating hours of business, emergency telephone and other necessary information. (Ord. 2005-32, 4- 18-2005)

12.116.060 APPLICATION FOR PERMIT:

A. Action By City: Application for a sign permit hereunder shall be made to the planning director on such form as he/she may prescribe.

1. Approval of Sign Permits By Planning Commission: The Planning Commission shall consider and approve the following sign permits:
a. Freestanding freeway signs per section 12.116.120 and 12.116.125 of this chapter. b. Off-site directional and advertising signs per sections 12.116.125 and 12.116.130 of this chapter. c. Comprehensive signage programs per section 12.116.200 of this chapter. d. Special permits per section 12.116.210 of this chapter when referred by the planning director. e. Any other sign applications determined by the planning director to be appropriate for planning commission consideration.

2. Approval Of Sign Permit By Planning Director: The planning director shall consider and approve the following sign permits:
a. Signs for a single business or several businesses in a single building. b. Replacement of an existing sign with a new sign or new sign copy in an existing frame or signboard. c. Signs or sign changes that are consistent with a comprehensive sign program previously approved by the city.
d. Temporary real estate, construction, subdivision, special event or grand opening sign or a directional sign.
e. Other sign approvals not reserved for the planning commission. (Ord. 2010-64, 6-7-2010) B. Information Required: The application shall contain the following information:

1. The location and size of any existing or proposed buildings and structures on the site.

2. The location of off street parking and loading spaces, including major points of entry and exit for motor vehicles, where on site directional signs are proposed.

3. The location of the proposed sign and its relationship on the site.

EXHIBIT A
Packet Pg. 133 Attachment: Resolution No. PC 2024-01 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval)

4. A scale drawing showing the size, height, dimensions and content of the proposed sign or sign structure and also indicating the colors and materials thereof.

5. The location and size of all other existing signs on the site.

6. If the sign is to be illuminated, the method, source and intensity of illumination.

7. Such other information as the planning director or the planning commission may require in order to determine whether the proposed sign will comply with the regulations and standards contained in this chapter. (Ord. 2000-03, 8-7-2000)

12.116.070 CRITERIA FOR REVIEW OF APPLICATION:

The following criteria shall be applied in reviewing applications for sign permits hereunder:

A. That the sign complies with the regulations of this chapter and the regulations of the district in which it will be located;
B. That the size, shape, color, illumination, placement and material of the sign is compatible with the building it identifies and with the visual characteristics of the neighborhood and other lawful signs in the area; C. That the location and design of the sign does not obscure from view or unduly detract from existing adjacent signs; and
D. That the location and design of a sign in close proximity to any residential district will not adversely affect the quality or character of such residential area. (Ord. 2000-03, 8-7-2000)

12.116.080 SIGNS IN AGRICULTURAL AND RESIDENTIAL DISTRICTS:

No sign of any character shall be permitted in an A, R-1, or R-2 district except the following:

A. An identification sign, not exceeding twenty four (24) square feet in area, on the site of a public building or grounds, a community facility, an institutional facility or a religious institution. Such signs may be freestanding.

B. A bulletin board, not exceeding twenty (20) square feet in area and ten feet (10’) in height, on the site of a school or religious institution. Such bulletin board may be freestanding.

C. An identification sign, not exceeding sixteen (16) square feet in area, on the site of a multi-family dwelling.

Such sign may be freestanding.

D. A nameplate, not exceeding one square foot in area, pertaining to a home occupation.

E. A nonilluminated real estate sign, not exceeding six (6) square feet in area. The sign may be freestanding, but in such event shall not exceed four feet (4’) in height.

F. A permanent sign, not exceeding twenty four (24) square feet in area, identifying a subdivision, located adjoining each entrance to a subdivision.

G. Temporary subdivision signs, subject to the regulations prescribed in section 12.116.140 of this chapter.

H. Temporary construction signs, subject to the regulations prescribed in section 12.116.150 of this chapter.

I. Public interest signs, subject to the regulations prescribed in section 12.116.160 of this chapter.

J. Open house signs, subject to the regulations prescribed in section 12.116.170 of this chapter.

K. Temporary political signs, subject to the regulations prescribed in section 12.116.180 of this chapter. (Ord. 2001-13, 11-19-2001)

12.116.090 SIGNS IN INDUSTRIAL DISTRICTS:

No sign of any character shall be permitted in an I district, except the following:

EXHIBIT A
Packet Pg. 134 Attachment: Resolution No. PC 2024-01 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) A. Identification Signs Placed Upon Or Attached To Buildings: Identification signs that comply with any one of the following standards:

1. Allowed sign area shall be computed at one square foot of sign area for each linear foot of building frontage on a public street subject to the additional limitations below. Buildings on corner lots may count the building frontage on the street upon which the building faces and the building frontage on one side street.

Maximum sign area of any signs on the principal frontage of the building and/or on a side street frontage shall not exceed one square foot of sign area per each linear foot of building frontage, or two hundred (200) square feet, whichever is less.

2. Any building, regardless of the length of frontage may have a sign of fifty (50) square feet in order to ensure effective identification.

3. Where more than one business occupies a building, the maximum available sign area shall be distributed between the several tenants based upon their proportion of the building frontage, subject to the limitations on overall signage area stated above.

4. No sign placed upon any building frontage may exceed seventy five percent (75%) of the width of the elevation, nor be placed closer than two feet (2’) to the top of a parapet, or lowest portion of a roof structure.

B. On Site Directional Signs: On site directional signs, each not exceeding three (3) square feet in area and five feet (5’) in height. Such signs may be freestanding. If more than two (2) directional signs are proposed, the number and location of such signs shall be subject to approval by the planning director.

C. Identification Signs On The Site Of Public Building: An identification sign, not exceeding twenty four (24) square feet in area, on the site of a public building or grounds, a community facility, an institutional facility, or a religious institution. Such sign may be freestanding.

D. Multiple Buildings On A Single Site: Where multiple buildings are located upon a single site which is three (3) acres or greater in size, either or both of the following signs may be allowed in addition to all other signs permitted under this section:

1. A freestanding site identification sign, not exceeding thirty (30) square feet in area and four feet (4’) in height.

2. An identification sign for each building on the site, indicating the location of a building and/or identifying the occupants or use thereof, each sign not exceeding six (6) square feet in area. The signs may be freestanding, but in such event shall not exceed five feet (5’) in height. The planning commission shall have authority to modify the regulations contained in this subsection with respect to the number, size, and height of identification signs, through the granting of a use permit pursuant to chapter 12.28 of this title.

E. Unlighted Real Estate Sign: An unlighted real estate sign, not exceeding twenty four (24) square feet in area.

The sign may be freestanding, but in such event shall not exceed eight feet (8’) in height, as measured from the top of the curb line, or the pavement surface where no curb exists, of the nearest street adjacent to the sign.

F. Temporary Construction Signs: Temporary construction signs, subject to the regulations prescribed in section

12.116.150 of this chapter.

G. Public Interest Signs: Public interest signs, subject to the regulations prescribed in section 12.116.160 of this chapter.

H. Temporary Political Signs: Temporary political signs, subject to the regulations prescribed in section

12.116.180 of this chapter.

I. Gasoline Price Signs: Gasoline price signs, subject to the regulations prescribed in section 12.116.190 of this chapter.

EXHIBIT A
Packet Pg. 135 Attachment: Resolution No. PC 2024-01 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) J. Off Site Directional Signs: Off site directional signs, subject to the regulations prescribed above. (Ord. 2010- 64, 6-7-2010)
K. On-Site Advertising Signs: On-site advertising signs, subject to the regulations in 12.116.125.

12.116.100 SIGNS IN NEIGHBORHOOD AND HIGHWAY COMMERCIAL DISTRICTS:

No sign of any character shall be permitted in an NC or HC district except the following:

A. Identification Signs: Identification signs that comply with any one of the following standards:

1. For corner lots, one-half (1/2) square foot of area for each foot of width of the front elevation of the building and side elevation of the street side of a corner lot; or

2. One-fourth (1/4) square foot of area for each foot of street frontage of the site; or

3. One-half (1/2) square foot of area for each foot of store frontage. The term "store frontage," as used herein, means that side, or those sides of the building where the main entrance to each business establishment conducted therein is located. For the purposes of computing sign area hereunder, no single business establishment may have a main entrance on more than one side of the same building. In no event shall the aggregate area of all identification signs upon a site exceed forty (40) square feet for each use upon such site.

B. On Site Directional Signs: On site directional signs, each not exceeding three (3) square feet in area and five feet (5’) in height. Such signs may be freestanding. If more than two (2) directional signs are proposed, the number and location of such signs shall be subject to approval by the planning director.

C. Freestanding Identification Signs: A freestanding identification sign for a site containing five (5) or more separate uses, not exceeding forty (40) square feet in area. Such sign may be in addition to all other signs permitted under this section.

D. Bulletin Boards: A bulletin board, not exceeding twenty (20) square feet in area and ten feet (10’) in height, on the site of a religious institution. Such bulletin boards may be freestanding.

E. Identification Signs For Multi-Family Dwellings, Motels: An identification sign, not exceeding sixteen (16) square feet in area, under the following circumstances:

1. On the site of a multi-family dwelling, motel, or hotel, such sign may be freestanding. Signage for the uses referred to herein shall be regulated by this subsection and not subsection A of this section.

2. On the site of a building that is set back from the street and whose building frontage is so blocked by surrounding physical features as determined by the planning director that building signs would not be visible in the same manner as other buildings in the two (2) districts. Such sign may be freestanding but shall not be any taller than seven feet (7’) high, and shall be regulated by this subsection as to all other standards. (Ord. 2001- 13, 11-19-2001)
F. Real Estate Signs: An unlighted real estate sign, not exceeding twenty four (24) square feet in area. The sign may be freestanding, but in such event shall not exceed four feet (4’) in height.

G. Temporary Construction Signs: Temporary construction signs, subject to the regulations prescribed in section

12.116.150 of this chapter.

H. Public Interest Signs: Public interest signs, subject to the regulations prescribed in section 12.116.160 of this chapter.

I. Temporary Political Signs: Temporary political signs, subject to the regulations prescribed in section

12.116.180 of this chapter.

J. Gasoline Price Signs: Gasoline price signs, subject to the regulations prescribed in section 12.116.190 of this chapter.

EXHIBIT A
Packet Pg. 136 Attachment: Resolution No. PC 2024-01 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) K. Special Event Signs: Special event signs, not exceeding ten (10) square feet in area, may be permitted, provided such signs are posted for not more than thirty (30) days prior to the event and are removed within two (2) days after such event.

L. Temporary Grand Opening Signs, Banners: Temporary grand opening signs or banners, not exceeding twenty (20) square feet in area, may be permitted to announce the commencement of a new business establishment. Such signs shall not be displayed more than thirty (30) days.

M. Temporary Signs Advertising Special Promotions: Temporary signs or banners advertising special promotions or sales may be permitted, subject to approval by the planning director, as follows:

1. Size: The maximum size of a temporary sign or banner is forty (40) square feet.

2. Location: Temporary signs or banners shall be affixed to a principal building and shall not project above the roofline of the building.

3. Duration: Temporary signs or banners may be displayed for a maximum of forty two (42) days within a six (6) month period.

4. Permit Required: An administrative permit (and accompanying fee) shall be required prior to the installation and/or display of a temporary sign or banner. (Ord. 2000-03, 8-7-2000)

12.116.110 SIGNS IN DOWNTOWN MIXED USE DISTRICT:

No sign of any character shall be permitted in the MU district except the following. In addition, such signs shall conform to standards in the Gonzales downtown revitalization plan.

A. Identification Signs Placed Upon Or Attached To Buildings: Identification signs that comply with any one of the following standards:

1. Allowed sign area shall be computed at one square foot of sign area for each linear foot of building frontage on a public street or alley subject to the additional limitations below. Buildings on corner lots or abutting a public alley may count the building frontage on the street upon which the building faces and the building frontage on one side street or upon the alley.

2. Maximum combined area of all signs on a building shall not exceed one hundred (100) square feet, regardless of the length of combined frontages.

Maximum sign area of all signs on the principal frontage of the building shall not exceed one square foot of sign area per each linear foot of building frontage, or fifty (50) square feet whichever is less. Any unused available sign area may be applied to the side street or alley frontage, or rear entry of the building subject to the limitations above.

3. Any building, regardless of the length of frontage may have a sign of twenty (20) square feet in order to ensure effective identification.

4. Where more than one tenant store or office occupies a building, maximum available sign area shall be distributed between the several tenants based upon their proportion of the building frontage, subject to the limitations on overall signage area stated above.

5. No sign placed upon any building frontage may exceed seventy five percent (75%) of the width of the elevation, nor be placed closer than two feet (2’) to the top of a parapet, or lowest portion of a roof structure.

B. On Site Directional Signs: On site directional signs, each not exceeding three (3) square feet in area and five feet (5’) in height. Such signs may be freestanding. If more than two (2) directional signs are proposed, the number and location of such signs shall be subject to approval by the planning director.

EXHIBIT A
Packet Pg. 137 Attachment: Resolution No. PC 2024-01 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) C. Freestanding Identification Signs: A freestanding identification sign for a site containing five (5) or more separate uses, not exceeding forty (40) square feet in area. Such sign may be in addition to all other signs permitted under this section.

D. Bulletin Boards: A bulletin board, not exceeding twenty (20) square feet in area and ten feet (10’) in height, on the site of a religious institution. Such bulletin boards may be freestanding.

E. Identification Signs For Multi-Family Dwellings, Motels: An identification sign, not exceeding sixteen (16) square feet in area, under the following circumstances:

1. On the site of a multi-family dwelling, motel, or hotel, such sign may be freestanding. Signage for the uses referred to herein shall be regulated by this subsection and not subsection A of this section.

2. On the site of a building that is set back from the street and whose building frontage is so blocked by surrounding physical features as determined by the planning director that building signs would not be visible in the same manner as other buildings in this district. Such a sign may be freestanding but shall not be any taller than seven feet (7’) high and shall be regulated by this subsection as to all other standards.

F. Real Estate Signs: An unlighted real estate sign, not exceeding twenty four (24) square feet in area. The sign may be freestanding, but in such an event it shall not exceed four feet (4’) in height.

G. Temporary Construction Signs: Temporary construction signs, subject to the regulations prescribed in section

12.116.150 of this chapter.

H. Public Interest Signs: Public interest signs, subject to the regulations prescribed in section 12.116.160 of this chapter.

I. Temporary Political Signs: Temporary political signs, subject to the regulations prescribed in section

12.116.180 of this chapter.

J. Gasoline Price Signs: Gasoline price signs, subject to the regulations prescribed in section 12.116.190 of this chapter.

K. Special Event Signs: Special event signs, not exceeding ten (10) square feet in area, may be permitted, provided such signs are posted for not more than thirty (30) days prior to the event and are removed within two (2) days after such an event.

L. Temporary Grand Opening Signs, Banners: Temporary grand opening signs or banners, not exceeding twenty (20) square feet in area, may be permitted to announce the commencement of a new business establishment. Such signs shall not be displayed for more than thirty (30) days.

M. Temporary Signs Advertising Special Promotions: Temporary signs or banners advertising special promotions or sales may be permitted, subject to approval by the planning director, as follows:

1. Size: The maximum size of a temporary sign or banner is forty (40) square feet.

2. Location: Temporary signs or banners shall be affixed to a principal building and shall not project above the roofline of the building.

3. Duration: Temporary signs or banners may be displayed for a maximum of forty two (42) days within a six (6) month period.

4. Permit Required: An administrative permit (and accompanying fee) shall be required prior to the installation and/or display of a temporary sign or banner. (Ord. 2010-64, 6-7-2010)

12.116.120 FREESTANDING FREEWAY SIGNS:

Within any nonresidential district, the following freestanding freeway signs are permitted and associated standards shall apply:

EXHIBIT A
Packet Pg. 138 Attachment: Resolution No. PC 2024-01 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) A. Single Use Signs: Single use signs that do not exceed seventy two (72) square feet in area and thirty five feet (35’) in height.

B. Shared Use Signs: Unless an off-site advertising sign subject to Section 12.116.125, and under lease agreement with the City of Gonzales, shared use signs that advertise more than one business and that are within one hundred feet (100’) of Highway 101 may have the following dimensions in order to be more visible from the freeway:

1. Height: Fifty feet (50’) for a sign of two (2) or more businesses.

2. Area: A maximum of seventy two (72) square feet per business. All businesses advertising on one sign, combined together, may have up to two hundred eighty (280) square feet of business message sign area. No more than six (6) businesses may advertise or be identified on a single sign. In addition, up to ninety (90) square feet of sign area may be allowed for a shopping center to identify the name of the center as a whole.

3. Eligibility: Such sign poles or pylons may only advertise businesses which are either freeway dependent such as restaurants and motels and that are on properties that are located within two hundred feet (200’) of Highway 101 right of way; or businesses which contain at least fifteen thousand (15,000) square feet under one roof and are located on properties zoned HC or I.

4. Location:
a. On Site Signs: One pole or pylon sign per two hundred (200) square feet of property frontage for a project or development that is located in an HC district, adjacent to Highway 101. b. Off Site Signs: Are not allowed except as outlined in Section 12.116.125 of this Chapter.

6. Use of existing off site pole or pylon shared use signs. A new pole or pylon sign shall only be approved when the planning director determines that no pole or pylon sign exists that could reasonably advertise the uses in that new project. The determination of reasonableness shall include the following factors:
a. No sign exists on the same side of Highway 101 and in the vicinity of the new project that could advertise all eligible uses within the new project in addition to the existing message(s) on the sign and still adhere to the provisions of this section; and
b. If a project or development has an off site pole or pylon sign, businesses within that project or development may only advertise on that off site sign.
c. The only existing sign or signs suffer from age and economic obsolescence so that the sign or signs do not offer an equal advertising opportunity for new sign messages.

7. All new pole or pylon signs approved pursuant to the provisions of this section shall provide for the identification of future eligible off site businesses unless it is determined by the planning director that:
a. There is no future need for pole or pylon signage in the vicinity; b. The capacity of the new sign for identification of future uses would be inadequate for any projected future off site businesses in the vicinity; or
c. Future businesses would not be compatible with the businesses to be advertised on the new sign.

8. The owner of new signs that provide for identification of future businesses shall covenant with the city to develop and to offer additional panels on the sign to other eligible businesses pursuant to this section, for the purpose of establishing a shared use sign. The owner of a new pole or pylon sign may charge a proportional share of the cost of installing and maintaining the sign to any business that subsequently shares the sign. (Ord. 2000-3, 8-7-2000)

EXHIBIT A
Packet Pg. 139 Attachment: Resolution No. PC 2024-01 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval)

12.116.125 OFF-SITE ADVERTISING BILLBOARD SIGNS
A. No new outdoor advertising sign may be less than 2,500 feet from an existing outdoor advertising sign.

B. New off-site advertising signs will only be allowed on property zoned industrial.

C. No new outdoor advertising structure shall be less than 500 feet from any existing church, park or school.

D. Only highway facing signs will be allowed.

E. Digital or static display is allowed.

F. Overall height from grade must be 70’or less.

G. Display sign area may be no more than 672 square feet, per face side.

H. Digital displays shall not rotate copy more frequently than every 6 seconds.

I. Sign structure and final architectural design must be approved by the City Planning Department, and consistent with the recommendations of a design review process.

J. Development agreement, lease agreement or other agreement with the City of Gonzales. a. The operations and City conditions for the use and utility of the advertising display shall be included as part of a development agreement, lease agreement or other agreement with the City of Gonzales, City Council.
b. The agreement must include revenue provisions to the City that allow the City to undertake projects, programs or other activities funded by the City.

12.116.130 OFF SITE DIRECTIONAL SIGNS:

A conditional use permit is required for all off-ite directional signs. Such signs may not exceed seventy two (72) square feet in area or eight feet (8’) in height. Off-site directional signs shall be architecturally designed to complement there surroundings and reduce any potential negative visual impact that may result from erection of the sign to the greatest extent feasible. (Ord. 2000-03, 8-7-2000)

12.116.140 TEMPORARY SUBDIVISION SIGNS:

In an A, R-1 and R-2 district, temporary freestanding subdivision signs shall be permitted, provided they conform to the following regulations:

A. On Tract Signs: One sign, not exceeding twenty four (24) square feet in area, advertising a subdivision, may be erected or displayed adjoining each street on which the subdivision abuts and adjoining each entrance to the subdivision.

B. Model Home Signs: One sign, not exceeding six (6) square feet in area, advertising a model home, may be erected or displayed on the site of each model home in a subdivision.

C. Off Tract Directional Signs: Not more than two (2) directional signs, each facing a different direction and each not exceeding eighteen inches by thirty inches (18" x 30") in size, may be erected or displayed adjoining the intersections of streets leading to a subdivision.

D. Issuance, Duration And Renewal Of Sign Permit: A sign permit for temporary subdivision signs may be issued at any time after recordation of the final subdivision map, and shall be for a term not exceeding one year. The signs shall then be removed unless, prior to the expiration of one year, renewal of the permit for a period of not more than one additional year may be approved by the planning director. (Ord. 2000-03, 8-7-2000)

EXHIBIT A
Packet Pg. 140 Attachment: Resolution No. PC 2024-01 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval)

12.116.150 TEMPORARY CONSTRUCTION SIGNS:

A temporary construction sign may be permitted in any district so long as it conforms to the following regulations:

A. The sign shall be located on the same site as the construction project. A freestanding sign may be permitted.

B. No more than one sign having an area not exceeding fifteen (15) square feet may be erected or displayed on the site. Where the development consists of a residential subdivision where a temporary construction sign is permitted, then no temporary construction sign shall be permitted.

C. The sign permit may be issued at any time on or after issuance of the building permit for the building or structure in question. The sign permit shall expire six (6) months following the date on which such permit was issued or upon the sooner completion of construction. The sign shall be removed on expiration of the permit unless prior to expiration the sign permit is renewed on approval of the planning director, which renewal shall in no event be for a period in excess of an additional six (6) months. The sign permit shall not thereafter be further renewed. (Ord. 2000-03, 8-7-2000)

12.116.160 PUBLIC INTEREST SIGNS:

A. Both on site and off site directional and identification signs shall be permitted in any zoning district to advertise, identify or direct persons to public and quasi-public areas, centers and institutions, and such other areas, whether natural or artificial, which, in the opinion of the planning commission, are points of general public interest.

B. This section shall apply to multiple signs on a single structure advertising service clubs and the chamber of commerce, but the same shall be limited to one such sign structure adjacent to an arterial street at each entrance to the city, and the total area of the sign structure shall not exceed fifty (50) square feet. (Ord. 2000-03, 8-7-2000)

12.116.170 OPEN HOUSE SIGNS IN RESIDENTIAL DISTRICTS:

A. Restrictions: Unlighted open house signs are permitted in any zoning district, subject to the following restrictions:

1. There shall be no more than one open house sign oriented in the same direction at any intersection. (Ord. 2000-03, 8-7-2000)

2. The open house sign shall not exceed four (4) square feet of area and four feet (4’) in height, and shall be fixed to a single pole of wood or metal material, or shall be an "A" frame, freestanding sign. (Ord. 2001-13, 11- 19-2001)

3. No open house signs shall be located in medians.

4. No open house sign shall be placed upon any public property; provided however, where the public right of way extends into a parkway strip or the planted area adjacent to the curb, between the street or curb and adjacent private property, an open house sign may be placed within such parkway strip upon obtaining permission from the owner of the adjacent private property. To the extent authorized by this subsection, open house signs are an exception to the prohibition set forth in section 12.116.030 of this chapter.

5. No open house sign shall include balloons, ribbons, streamers, or other accessories.

6. No open house sign shall be placed upon any private property without first obtaining permission from the owner of such property.

7. Information shall be printed upon or affixed to every open house sign indicating the name, real estate company affiliation, address, and telephone number of the sign owner.

8. Each real estate company shall apply and receive approval for an annual encroachment permit from the department of public works. The encroachment permit shall be valid for one year and shall be renewed annually. The encroachment permit shall be valid only for employees, independents, or affiliate members of the real estate company. (Ord. 2000-03, 8-7-2000)

EXHIBIT A
Packet Pg. 141 Attachment: Resolution No. PC 2024-01 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval)

9. The open house sign shall be removed each day after the closing of the open house for that day, and no later than six o’clock (6:00) P.M., November 1 through March 31; and eight o’clock (8:00) P.M., April 1 through October 31. Open house signs shall not be placed earlier than six o’clock (6:00) A.M. (Ord. 2001-13, 11-19-2001)
B. Violation; Penalty; Removal Of Signs: If any open house sign is found to violate any of the restrictions contained in this section, then notwithstanding the provisions of section 12.116.230 of this chapter, such sign may be summarily removed by the public works director or his representative, or any city employee authorized by the city manager to remove such sign. The sign owner shall be responsible for payment of a fine in the amount of fifty dollars ($50.00) for each sign so removed. A written notice of the removal shall be given to the sign owner stating that the sign may be reclaimed within ten (10) days and will be returned to the owner upon payment of the fine specified herein, except that no such notice shall be required if the owner is not identified on the sign. In the event the sign is not reclaimed within the time allowed to do so, the sign may be destroyed or otherwise disposed of by the maintenance director. Unclaimed signs may be sold to real estate companies, their employees, independents, or affiliates, at a price determined by the planning director. (Ord. 2000-03, 8-7-2000)

12.116.180 TEMPORARY POLITICAL SIGNS:

A. Sign Restrictions: A temporary political sign may be erected only in accordance with the following restrictions:

1. No temporary political sign may be illuminated in any manner other than by previously existing lighting sources normally used for illumination of the area where the sign is erected.

2. No temporary political sign may be affixed to any pole or wire appurtenance thereof on which is attached any traffic sign, traffic signal, street sign, parking sign or other traffic control device installed by any public agency for public information purposes, nor may any temporary political sign be erected in a manner or place that will obstruct normal visibility of such traffic signs, traffic signals, street signs, parking signs or other traffic control devices.

3. No temporary political sign may be erected upon or affixed to any sidewalk, crosswalk, police or fire alarm system, hydrant, or any public building or other public structure.

4. No temporary political sign may be erected within or upon the right of way of any public highway or public street. (Ord. 2000-03, 8-7-2000)

5. No temporary political sign may exceed an area of sixteen (16) square feet.

6. No temporary political sign may be erected having bracing or backing material thicker than three-fourths of an inch (3/4"), except for support for posts firmly planted in the ground. (Ord. 2005-38, 11-7-2005) B. Removal: A temporary political sign shall be completely removed not later than five (5) days after the date of the election to which it relates. (Ord. 2000-03, 8-7-2000)

12.116.190 GASOLINE PRICE SIGNS:

A single gasoline price sign, as required under California Business and Professions Code section 13531(a), shall be permitted on the site of a gasoline service station. Such sign may be freestanding, if necessary to comply with the requirements of said section 13531(a) concerning visibility from the street adjacent to the site. The gasoline price sign shall comply with the following requirements:

A. The sign shall advertise not more than the four (4) major grades of motor vehicle fuel offered for sale.

B. The numerals designating the price of motor fuel shall not exceed six inches (6") in height. Fractions shall be considered one numeral. All other letters, figures or numerals on the sign shall not exceed two inches (2") in height, unless otherwise approved by the planning commission.

C. The area of the sign shall not exceed ten (10) square feet unless the applicant demonstrates, to the satisfaction of the planning commission, that a greater size is needed to contain all of the numerals, words and figures required

EXHIBIT A
Packet Pg. 142 Attachment: Resolution No. PC 2024-01 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) to be shown on the sign under the applicable provisions of California Business and Professions Code section 13532. (Ord. 2000-03, 8-7-2000)

12.116.200 COMPREHENSIVE SIGNAGE PROGRAM:

A. Submittal Of Program: A comprehensive signage program shall be prepared and submitted in conjunction with each use permit or site plan application for a shopping center, business park, or other similar collection of related structures on a single site. The program submitted shall address all signs to be used, including, but not limited to, signs identified in sections 12.116.090 and 12.116.100 of this chapter. The comprehensive signage program shall conform to all provisions of this section. For all signs, the size, placements, materials, colors, illumination, and other design characteristics not specified in this section shall be determined at time of approval of the comprehensive signage program by the planning director. The comprehensive signage program shall contain the following:

1. A site plan and building elevations identifying the location of all signs.

2. Design drawings for each sign or type of sign, specifying the dimensions, materials, type of construction, illumination, size of sign copy, and details necessary to determine the appropriateness of the signage.

B. Conformance Required: Once a comprehensive signage program is approved, all signs in that center, complex, or project shall conform to the program.

C. Waiver Of Limitations: Specific dimensional limitations specified in this chapter may be waived upon determination by the planning director that the submitted sign(s) meet the intent of the standards and guidelines and result in both a functionally and aesthetically superior design. (Ord. 2000-03, 8-7-2000)

12.116.210 SPECIAL PERMITS:

Nothing contained in this chapter shall prohibit the planning commission or planning director from granting a temporary special permit or otherwise permitting, on such terms as it deems proper, signs, banners or other advertising pertaining to any civic, patriotic or special event of general public interest. (Ord. 2001-13, 11-19-2001)

12.116.220 NONCONFORMING SIGNS:

A. Intent: The intent of this section is to regulate the use and removal of nonconforming, unlawful, and abandoned signs.

B. Modifications: The following modifications to nonconforming signs are allowed:

1. Changes in sign copy.

2. Modifications that reduce the extent to which the sign does not comply with this chapter.

3. No modification of a nonconforming sign shall have any effect on the length of the amortization period for the sign.

C. Record Of Nonconforming Signs: The planning director shall prepare a list of all signs in the city, which are nonconforming signs.

D. Mailing Of Notices: The planning director shall mail a notice by certified return receipt mail to the occupant business, if known, and to the owner (as shown on the last equalized assessment roll) of the land where each nonconforming sign is located. The notice shall contain:

1. A description of the land where the sign is located and a description of the sign, both in terms reasonably sufficient for the owner to identify the sign.

2. A statement that the sign is a nonconforming sign.

3. The applicable date for removal of the sign under the provisions of subsection F of this section.

EXHIBIT A
Packet Pg. 143 Attachment: Resolution No. PC 2024-01 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) Information concerning more than one sign, and information concerning separate amortization dates for different characteristics of one or more single signs, separately stated, may be included in a single notice. If the planning director subsequently learns that for any reason notice has not been given in a timely manner, or that notice given is defective in any way, the planning director shall promptly mail a proper notice to the occupant and owner, even if the regular time for notification has expired. Notice mailed after the time required by this subsection meets the requirements of subsection E of this section and is effective to start the time period provided in subsection F of this section.

E. Effect Of Mailing Of Notices: Notice mailed as provided in subsection D of this section is deemed to be notice to the owners of nonconforming signs and to all persons having any right, title, or interest therein. The mailing of notices is intended as a convenience to sign owners. However, no failure to give notice shall invalidate any proceeding to enforce this chapter, to abate any sign, or to punish any sign violation.

F. Duration Of Nonconforming Signs: A sign that becomes nonconforming shall be a nonconforming sign for five (5) years and then must be removed. Billboards that become nonconforming shall be nonconforming for fifteen (15) years and then must be removed. Off Site Advertising Billboard Signs subject to an adopted lease agreement with the City, shall be governed by the provisions for removal and non-conformity contained therein.

G. Procedures Concerning Subsequent Nonconforming Signs: Within six (6) months of the date when a sign becomes a nonconforming sign, the planning director shall add the sign to the list of nonconforming signs and mail notices in the manner specified in subsection D of this section and such notices shall have the same effect as the notices provided for other nonconforming signs.

H. Removal Of Unlawful Signs: Any sign erected or maintained contrary to the provisions of this chapter or any other ordinance of the city, including unlawfully erected signs, and formerly nonconforming signs whose nonconforming status has terminated, is in its entirety an unlawful sign and shall be removed.

I. Abandoned Signs: The owner must have all copy removed from an abandoned sign and the sign shall remain blank until a new entity has occupied the premises. Further, if any sign has been abandoned for a period of one year, the owner shall remove the sign and any appurtenant structures.

J. Maintenance: All signs shall be maintained and kept in repair and shall be painted and repainted at reasonable intervals. If the owner fails to comply, after ten (10) days’ written notice by the planning director, or duly appointed deputy, to so maintain such signs, the planning director shall have the sign removed at the owner’s expense. (Ord. 2000-03, 8-7-2000)

12.116.230 VIOLATIONS; REMOVAL OF ILLEGAL SIGNS:

A. Each Sign A Separate Violation: Each sign found to be in violation of any provision of this chapter shall constitute a separate violation of this code.

B. Sign Removal Authorized: The planning director or his/her representative may remove any sign located upon or affixed to any public property in violation of the provisions of this chapter.

C. Notice To Owner: The planning director shall promptly thereafter give notice of the removal to the sign owner, if such owner can be ascertained or found, stating the location of the sign and the procedure for retrieval thereof by the sign owner.

D. Retrieving Sign; Payment Of Fees; Request Hearing: Any unlawful sign removed by the planning director pursuant to this chapter shall be retained by him/her for a period of at least ten (10) days, during which the sign owner may retrieve the sign upon payment of all removal costs or an administrative fine in the amount of fifty dollars ($50.00), whichever is greater. Any person desiring to contest such payment may request a hearing before the city manager, who is authorized to waive the payment if he/she determines that the sign did not violate any provisions of this chapter. The decision of the city manager shall be final.

E. Destruction Of Abandoned Sign: Any sign not retrieved within the ten (10) day period specified in subsection D of this section shall conclusively be deemed to have been abandoned by the owner thereof and may be destroyed

EXHIBIT A
Packet Pg. 144 Attachment: Resolution No. PC 2024-01 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) or otherwise disposed of by the planning director. The city shall have the right to recover from the owner of such sign all removal and destruction costs.

F. Enforcement: The enforcement of sign regulations pursuant to this chapter shall be in addition to any other rights and remedies available to the city under chapter 5.20, "Public Nuisances", of this code by reason of the same violation. (Ord. 2001-13, 11-19-2001)

EXHIBIT A
Packet Pg. 145 Attachment: Resolution No. PC 2024-01 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) ORDINANCE NO. 2024-143

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GONZALES, CALIFORNIA, AMENDING CHAPTER 12.116 SIGNS OF
TITLE 12 - PART 5 REGULATIONS APPLYING IN ALL DISTRICTS

OF THE GONZALES CITY CODE
WHEREAS, the City of Gonzales (“City”) is authorized by the California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, in order to preserve the natural beauty of the city, to maintain the orderliness of the community’s appearance, to conserve its residential character, and to protect the public safety, the location, size and design of signs are regulated; and WHEREAS, the City has an opportunity to generate revenue if the City enables freestanding off-site advertising billboard signs to be permitted in the City in a limited manner; and WHEREAS, public safety and information distribution can be enhanced with such a sign type; and
WHEREAS, Staff has approached the City Council on previous occasions to determine their interest in allowing such a sign on a city-owned property, where the community would benefit from the lease revenue and rental agreement that would accompany such a sign; and WHEREAS, the City Council acknowledged the potential public benefits and gave their support to staff advancing such a proposal; and
WHEREAS, staff prepared revisions to the City of Gonzales Sign Ordinance (Zoning Code Section 12.116) to enable Freeway Oriented Reader Board signs; and WHEREAS, on Monday, April 8, 2024, the Planning Commission considered revisions to the sign ordinance to enable such signs; and
WHEREAS, the Planning Commission adopted PC Resolution 2024-01 recommending that the City Council support the revisions to the sign code and adopt a revised ordinance as attached to that resolution; and
WHEREAS, since the April 8, 2024, recommended action by the Planning Commission to adopt the sign ordinance revisions, staff became aware of several clarifications that would enhance and improve a revised sign ordinance; and
WHEREAS, the City Council concurs with staff that these clarifications are of a minor housekeeping-type nature and believes there would be no value-added returning the item to the Planning Commission.

Packet Pg. 146 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) -2-

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GONZALES FINDS AND ORDAINS AS FOLLOWS:

SECTION 1. The above recitals are all true and correct and are hereby adopted as findings.

SECTION 2. The Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment. (CEQA Guidelines § 15061(b)(3).) on grounds that it can be seen with certainty that the proposed ordinance will not have a significant, adverse effect on the environment as written as only one sign can be allowed and would be placed on a highway-adjacent location without the opportunity for significant impact to the community.

Any potential off-site advertising billboard sign proposal will be subject to individual and specific environmental review under CEQA.

SECTION 3. Chapter 12.116 Signs of Title 12 - Part 5 Regulations Applying In All Districts of the Gonzales City Code is hereby deleted in its entirety and replaced with revised/amended Chapter 12.116 as attached to this Ordinance (EXHIBIT A).

SECTION 4: EFFECTIVE DATE. This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation.

I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the 6th day of May, 2024, and adopted the Ordinance after the second reading at a regular meeting held on the 20th day of May 2024, by the following roll call 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. 147 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) -3-
APPROVED AS TO FORM:

By:

Michael Rodriquez, City Attorney
Jarvis Faye, LLP
I, ______________________________, City Clerk of the City of Gonzales, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Gonzales on the date and by the vote indicated herein.

Packet Pg. 148 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) Gonzales City Code
CHAPTER 12.116 SIGNS

CHAPTER 12.116
SIGNS
SECTION:

12.116.010 Intent

12.116.020 Definitions

12.116.030 Prohibited Signs

12.116.040 General Regulations Regarding Signs

12.116.050 Requirement For Permit; Exemptions

12.116.060 Application For Permit

12.116.070 Criteria For Review Of Application

12.116.080 Signs In Agricultural And Residential Districts

12.116.090 Signs In Industrial Districts

12.116.100 Signs In Neighborhood And Highway Commercial Districts

12.116.110 Signs In Downtown Mixed Use District

12.116.120 Freestanding Freeway Signs

12.116.125 Off-site Advertising Billboard Signs

12.116.130 Off Site Directional Signs

12.116.140 Temporary Subdivision Signs

12.116.150 Temporary Construction Signs

12.116.160 Public Interest Signs

12.116.170 Open House Signs In Residential Districts

12.116.180 Temporary Political Signs

12.116.190 Gasoline Price Signs

12.116.200 Comprehensive Signage Program

12.116.210 Special Permits

12.116.220 Nonconforming Signs

12.116.230 Violations; Removal Of Illegal Signs

12.116.010 INTENT:

In order to preserve the natural beauty of the city, to maintain the orderliness of the community’s appearance, to conserve its residential character, and to protect the public safety, the location, size, illumination, and design of signs are regulated. (Ord. 2000-03, 8-7-2000)

12.116.020 DEFINITIONS:

In addition to the definitions set forth in chapter 12.08 of this title, all of which are applicable herein, for the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section, unless the context or the provision clearly requires otherwise:

BILLBOARD: An on-site or off-site freestanding sign that exceeds the size limitations of a freestanding or wall sign.

COMPREHENSIVE SIGN
PROGRAM:

A general plan for signage, as approved by the city, pertaining to all or any portion of a site and the buildings thereon, which may include, but is not limited to, the area, dimension, color, material, design, size, and illumination of all signs to be erected or installed pursuant to the sign program.

DIGITAL DISPLAY An electronic message display with either fixed or changeable display which may be changed by electronic processes or remote control, which may include words and/or pictures and composed of a series of lights, light emitting diodes (LEDS) or liquid crystal displays (LCDs) or functionally similar signs.

DIRECTIONAL SIGN, OFF
SITE:

A sign, located on one parcel, advertising and/or directing traffic to a business located on a different parcel within the city.

EXHIBIT A
Packet Pg. 149 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) Gonzales City Code
CHAPTER 12.116 SIGNS

DIRECTIONAL SIGN, ON SITE: A sign, the sole purpose of which is to direct the flow of traffic, indicate entrances or exits, transmit parking information or convey similar information.

HEIGHT: The vertical distance measured from the lowest ground level directly beneath the sign to the highest point at the top of the sign. The ground level shall be either the natural grade or finished grade, whichever is lowest.

SIGN: Any lettering, symbol or other thing of visual appearance primarily used for, or having the effect of attracting attention from the street, sidewalk or other outside public arena for advertising or identification purposes. A "sign" shall not mean displays of merchandise or products for sale on the premises, or ornamentation, designs, pictures, paintings or other such art forms unless the attraction, because of location, size, use or nature thereof, has the substantial effect of attracting attention for advertising or identification purposes when viewed from an outside area.

SIGN AREA: The area of the smallest rectangle drawn to include all letters, designs, frame, and structural components which are part of the sign, but excluding any supports, uprights, posts or structures by which any sign is supported unless such supports, uprights, posts or structures are designed in such a manner as to form an integral background of the sign. In computing the area of a double face sign, only one face of the sign shall be included, provided that the two (2) faces shall be approximately the same size and approximately parallel to each other and not more than two feet (2’) apart at any point.

SIGN, FREESTANDING: A sign supported by one or more upright poles, columns, or braces placed in or on the ground and not attached to any building or structure.

SIGN, IDENTIFICATION: A sign, the sole purpose of which is to identify the site or the building, use or persons occupying the site on which the sign is located.

SIGN, ILLUMINATED: A sign having its own immediate source of internal or external lighting.

Externally Illuminated Sign: A sign with an immediate source of illumination that is not completely enclosed by any portion of the sign.

Internally Illuminated Sign: A sign with an immediate source of illumination that is completely enclosed by the surface of the sign structure or the characters of the sign.

SIGN, OPEN HOUSE: An off site portable sign directing prospective purchasers to the location of a singlefamily dwelling being offered for sale and open for visitation by the public at the time the sign is displayed.

SIGN, POLE: A sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is six feet (6’) or more above grade.

SIGN, POLITICAL: A temporary sign that directly relates to a candidate for public office or to a ballot issue, in an election conducted by a governmental entity.

SIGN, PORTABLE: Any sign which is intended to be moved or capable of being moved, whether or not on wheels or other special supports, including, but not limited to, "A-frame" type signs, placards and banners.

SIGN, REAL ESTATE: A temporary sign advertising the sale, lease or rental of the real property, or any portion thereof, upon which the sign is located and the identification of the person handling such sale, lease or rental.

EXHIBIT A
Packet Pg. 150 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) Gonzales City Code
CHAPTER 12.116 SIGNS

SIGN, SPECIAL EVENT: A temporary sign pertaining to events of civic, community, philanthropic, educational or religious organizations, which are not conducted in connection with the operation of a commercial enterprise.

SIGN, SUBDIVISION: A temporary sign advertising a subdivision and providing travel directions to singlefamily dwellings therein offered for sale or lease for the first time. The term "subdivision sign" also includes a model home sign on the site of a single-family dwelling within the subdivision.

SIGN, WALL: A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than twelve inches (12") from such a building or structure.

SIGN, WINDOW: A sign that is applied or attached to the exterior or interior of a window or located in such a manner within a building that it can be seen from the exterior of the structure through a window. (Ord. 2000-03, 8-7-2000)

12.116.030 PROHIBITED SIGNS:

The following signs are prohibited:

A. Reflective, flashing or moving signs, except for signs subject to Section 12.116.125 or public service time and temperature signs which shall not be flashing, animated or revolving in nature.

B. Portable signs, except for open house signs, political signs, and special event signs that comply with the regulations of this section.

C. Streamers, banners, balloons, flares, flags, pennants, twirlers and similar attention getting devices, with the exception of the following:

1. National, state and local governmental flags properly displayed upon flagpoles.

2. 3. One corporate flag displayed upon a single flagpole.

4. Grand opening and special event displays which comply with the regulations of this section.

5. One decorative flag per residence.

D. Any sign affixed or attached to any vehicle or trailer, unless the vehicle or trailer is intended to be used in its normal business capacity and not for the primary purpose of advertising a use or event or attracting persons to a place of business.

E. Signs or sign structures which by color, wording or location resemble or conflict with traffic control signs or devices.

F. Signs that create a safety hazard by obstructing the clear view or safe movement of vehicular or pedestrian traffic.

G. Signs that obstruct any door, window, fire escape or other emergency exit of any building.

H. Posters, placards, announcements, advertising and similar signs that are erected on any fence, pole, tree, pavement, wall, bus stop, bench, or any other object in or upon a public highway, public street or public right of way, excepting notices posted by a public officer in the performance of a public duty, or by any person for the purpose of giving legal notice, and warning or informational signs required or authorized by governmental regulations.

EXHIBIT A
Packet Pg. 151 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) Gonzales City Code
CHAPTER 12.116 SIGNS

I. Billboards, excepting those that may be approved subject to Sections 12.116.120 and 12.116.125.

J. Window signs, except as provided in subsection 12.116.050B11 of this chapter, or approved as part of a sign permit pursuant to section 12.116.060 of this chapter. (Ord. 2005-32, 4-18-2005)

12.116.040 GENERAL REGULATIONS REGARDING SIGNS:

A. Compliance With Section: No sign shall be erected, installed, altered, or maintained in any zoning district in the city, including public and private streets therein, except in conformity with provisions of this section.

B. Compliance With District Regulations: All signs shall comply with the particular regulations of the district in which they are located. Additional sign height may be allowed subject to review and approval of a Conditional Use Permit.

C. Compatibility With Surroundings: The design, color, and location of each sign shall be compatible with the architecture of the buildings on the premises, and in harmony with the structures and other improvements on the property or in the vicinity or neighborhood where sign compatibility is a policy decision.

D. Site Restriction: All signs shall be located on the same site as the use they identify or advertise, except off site directional signs as described in section 12.116.130 temporary subdivision signs as described in section 12.116.140, public interest signs as described in section 12.116.160 open house signs as described in section 12.116.170, temporary political signs as described in section 12.116.180 , and off-site advertising billboard signs in Section

12.116.125
E. Sign Projection: No sign shall extend above the ridgeline of a building, nor project more than thirty inches (30") from the outside wall of a building, nor more than twelve inches (12") over any street or alley. The projection is measured on a line perpendicular to the wall. All projecting signs that project over a walkway or public right of way shall have a clearance of nine feet (9’) above grade. Off-site advertising billboard signs as described in Section

12.116.125, not attached to a building, shall be exempt to this provision.

F. Illumination Generally: Light produced by an off-site advertising sign should not exceed 0.3 Footcandles over ambient light levels. Measurement should be taken utilizing a Footcandle meter from 250 feet perpendicular to the face of the digital sign.

G. Illumination Near Residential Districts: Illuminated signs with a brightness more than thirty (30) footlamberts shall not be erected nearer than fifty feet (50’) from any point in a residential district unless the face of the sign is not visible from the residential district.

H. Size Of Letters: Unless otherwise prescribed in this chapter, no sign shall have letters greater in size than eighteen inches (18") in any dimension, except that in the I district, letters of sixty inches (60") may be permitted.

Off-site advertising billboard signs are exempt from this provision.

I. Backs And Supports: The backs and supports of all signs shall be subdued.

J. Construction Standards: All signs shall be constructed in such a manner as to protect the public safety.

Construction standards shall be as set forth in the latest edition of the uniform building code as adopted by the city.

K. Freestanding Signs: Except as otherwise expressly provided in this section, all signs shall be affixed to the building or structure, the use of which is being advertised or identified, and shall not be freestanding. Where freestanding signs are allowed, freestanding signs shall not exceed ten feet (10’) in height except for off-site advertising billboards and as otherwise provided in this chapter.

L. Roof Signs: Roof signs must:

1. Be erected only on a roof whose pitch is at least one vertical to four (4) horizontal.

2. Have a face no more than two feet (2’) measured vertically.

EXHIBIT A
Packet Pg. 152 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) Gonzales City Code
CHAPTER 12.116 SIGNS

3. Be located so the face is parallel to the eaves in front of the sign.

4. Be set no more than eight inches (8") above the roof.

5. Be designed and erected so that no part of its face is higher than either the peak or an elevation five feet (5’) above the eaves in front of the sign.

6. Have architecture and site approval by the planning director.

M. Signs Suspended From Marquee: All signs suspended from a single marquee shall be uniform in size, shape, placement, and background color. Such signs shall have a clearance of at least eight feet (8’) above grade.

N. Multiple Uses On Same Site: Where more than one use is lawfully being conducted upon the same site, the total signage for each separate use shall not exceed the sign area for such use as prescribed in this chapter. No sign area may be increased by reason of there being no signage or reduced signage for another use upon the same site.

O. Reduction Of Sign Area: The regulations concerning sign area, as set forth in this chapter, represent the maximum size that may be permitted but do not confer upon any person the right to erect, install, or maintain a sign or signs having such maximum area. As a condition for the granting of any sign permit hereunder, the approving authority may require that the size of the sign be reduced below the maximum sign area set forth herein, based upon a finding that such reduction is necessary to satisfy the criteria set forth in section 12.116.070 of this chapter. (Ord. 2001-13, 11-19-2001)

12.116.050 REQUIREMENT FOR PERMIT; EXEMPTIONS:

A. Permit Required: No person shall place, erect, install, or maintain any sign in the city without first obtaining a sign permit pursuant to this chapter, unless such sign is exempted under the provisions listed in subsection B of this section.

B. Exemptions: Except in the case of illuminated signs or any signs that are subject to approval by the city under the terms of any sign program or as a condition of any building site approval, use permit, variance or other approval granted by the city, the following signs shall be exempted from the requirement of a permit:

1. One identification sign, not exceeding ten (10) square feet in area, which is not freestanding.

2. Not more than two (2) on site directional signs upon a single site, each sign not exceeding three (3) square feet in area and five feet (5’) in height. Such signs may be freestanding.

3. One national, state and local governmental flag properly displayed upon a single flagpole.

4. Holiday decorations, in season.

5. Open house signs that comply with the requirements of section 12.116.170 of this chapter.

6. Political signs that comply with the requirements of section 12.116.180 of this chapter.

7. One real estate sign, not exceeding six (6) square feet in area if located in an R-1 or R-2 district, and not exceeding twelve (12) square feet in area if located in an HC, NC, MU or I district. The sign may be freestanding, but in such an event it shall not exceed four feet (4’) in height.

8. One bulletin board, not exceeding twenty (20) square feet in area and not more than ten feet (10’) in height, on the site of a school or religious institution.

9. Official traffic, fire, and police related signs, temporary traffic control signs used during construction, utility location and identification signs and markers required to protect such facilities, and any signs required by the city or any other public authority to be erected, installed or maintained.

10. Notices required to be posted by law.

EXHIBIT A
Packet Pg. 153 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) Gonzales City Code
CHAPTER 12.116 SIGNS

11. Window signs of a temporary character presenting promotional materials such as price specials, specific merchandise or food items for sale, brand names and logos and other product information, that do not exceed twenty five percent (25%) of the visible area of a window and which conform to the following standards:
a. Window signs shall be grouped in a portion of the window so as to maintain a rectangular area of the window equal to seventy five percent (75%) of the total window area free of any such signs. b. Window signs shall be maintained in a clean, attractive manner. Faded, outdated, or obsolete advertising material, and unnecessary tape or adhesives should be promptly removed. c. Window signs shall not obstruct visibility into the store or office from the public street or sidewalk and shall be arranged so as to provide for reasonable public safety.

12. Informational signs placed upon an entrance door or window adjacent to an entrance, of not more than two hundred eighty eight (288) square inches of decal application lettering, not to exceed four inches (4") in height, indicating hours of business, emergency telephone and other necessary information. (Ord. 2005-32, 4- 18-2005)

12.116.060 APPLICATION FOR PERMIT:

A. Action By City: Application for a sign permit hereunder shall be made to the planning director on such form as he/she may prescribe.

1. Approval of Sign Permits By Planning Commission: The Planning Commission shall consider and approve the following sign permits:
a. Freestanding freeway signs per section 12.116.120 and 12.116.125 of this chapter. b. Off-site directional and advertising signs per sections 12.116.125 and 12.116.130 of this chapter. c. Comprehensive signage programs per section 12.116.200 of this chapter. d. Special permits per section 12.116.210 of this chapter when referred by the planning director. e. Any other sign applications determined by the planning director to be appropriate for planning commission consideration.

2. Approval Of Sign Permit By Planning Director: The planning director shall consider and approve the following sign permits:
a. Signs for a single business or several businesses in a single building. b. Replacement of an existing sign with a new sign or new sign copy in an existing frame or signboard. c. Signs or sign changes that are consistent with a comprehensive sign program previously approved by the city.
d. Temporary real estate, construction, subdivision, special event or grand opening sign or a directional sign.
e. Other sign approvals not reserved for the planning commission. (Ord. 2010-64, 6-7-2010) B. Information Required: The application shall contain the following information:

1. The location and size of any existing or proposed buildings and structures on the site.

2. The location of off street parking and loading spaces, including major points of entry and exit for motor vehicles, where on site directional signs are proposed.

3. The location of the proposed sign and its relationship on the site.

EXHIBIT A
Packet Pg. 154 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) Gonzales City Code
CHAPTER 12.116 SIGNS

4. A scale drawing showing the size, height, dimensions and content of the proposed sign or sign structure and also indicating the colors and materials thereof.

5. The location and size of all other existing signs on the site.

6. If the sign is to be illuminated, the method, source and intensity of illumination.

7. Such other information as the planning director or the planning commission may require in order to determine whether the proposed sign will comply with the regulations and standards contained in this chapter. (Ord. 2000-03, 8-7-2000)

12.116.070 CRITERIA FOR REVIEW OF APPLICATION:

The following criteria shall be applied in reviewing applications for sign permits hereunder:

A. That the sign complies with the regulations of this chapter and the regulations of the district in which it will be located;
B. That the size, shape, color, illumination, placement and material of the sign is compatible with the building it identifies and with the visual characteristics of the neighborhood and other lawful signs in the area; C. That the location and design of the sign does not obscure from view or unduly detract from existing adjacent signs; and
D. That the location and design of a sign in close proximity to any residential district will not adversely affect the quality or character of such residential area. (Ord. 2000-03, 8-7-2000)

12.116.080 SIGNS IN AGRICULTURAL AND RESIDENTIAL DISTRICTS:

No sign of any character shall be permitted in an A, R-1, or R-2 district except the following:

A. An identification sign, not exceeding twenty four (24) square feet in area, on the site of a public building or grounds, a community facility, an institutional facility or a religious institution. Such signs may be freestanding.

B. A bulletin board, not exceeding twenty (20) square feet in area and ten feet (10’) in height, on the site of a school or religious institution. Such bulletin board may be freestanding.

C. An identification sign, not exceeding sixteen (16) square feet in area, on the site of a multi-family dwelling.

Such sign may be freestanding.

D. A nameplate, not exceeding one square foot in area, pertaining to a home occupation.

E. A nonilluminated real estate sign, not exceeding six (6) square feet in area. The sign may be freestanding, but in such event shall not exceed four feet (4’) in height.

F. A permanent sign, not exceeding twenty four (24) square feet in area, identifying a subdivision, located adjoining each entrance to a subdivision.

G. Temporary subdivision signs, subject to the regulations prescribed in section 12.116.140 of this chapter.

H. Temporary construction signs, subject to the regulations prescribed in section 12.116.150 of this chapter.

I. Public interest signs, subject to the regulations prescribed in section 12.116.160 of this chapter.

J. Open house signs, subject to the regulations prescribed in section 12.116.170 of this chapter.

K. Temporary political signs, subject to the regulations prescribed in section 12.116.180 of this chapter. (Ord. 2001-13, 11-19-2001)

12.116.090 SIGNS IN INDUSTRIAL DISTRICTS:

No sign of any character shall be permitted in an I district, except the following:

EXHIBIT A
Packet Pg. 155 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) Gonzales City Code
CHAPTER 12.116 SIGNS

A. Identification Signs Placed Upon Or Attached To Buildings: Identification signs that comply with any one of the following standards:

1. Allowed sign area shall be computed at one square foot of sign area for each linear foot of building frontage on a public street subject to the additional limitations below. Buildings on corner lots may count the building frontage on the street upon which the building faces and the building frontage on one side street.

Maximum sign area of any signs on the principal frontage of the building and/or on a side street frontage shall not exceed one square foot of sign area per each linear foot of building frontage, or two hundred (200) square feet, whichever is less.

2. Any building, regardless of the length of frontage may have a sign of fifty (50) square feet in order to ensure effective identification.

3. Where more than one business occupies a building, the maximum available sign area shall be distributed between the several tenants based upon their proportion of the building frontage, subject to the limitations on overall signage area stated above.

4. No sign placed upon any building frontage may exceed seventy five percent (75%) of the width of the elevation, nor be placed closer than two feet (2’) to the top of a parapet, or lowest portion of a roof structure.

B. On Site Directional Signs: On site directional signs, each not exceeding three (3) square feet in area and five feet (5’) in height. Such signs may be freestanding. If more than two (2) directional signs are proposed, the number and location of such signs shall be subject to approval by the planning director.

C. Identification Signs On The Site Of Public Building: An identification sign, not exceeding twenty four (24) square feet in area, on the site of a public building or grounds, a community facility, an institutional facility, or a religious institution. Such sign may be freestanding.

D. Multiple Buildings On A Single Site: Where multiple buildings are located upon a single site which is three (3) acres or greater in size, either or both of the following signs may be allowed in addition to all other signs permitted under this section:

1. A freestanding site identification sign, not exceeding thirty (30) square feet in area and four feet (4’) in height.

2. An identification sign for each building on the site, indicating the location of a building and/or identifying the occupants or use thereof, each sign not exceeding six (6) square feet in area. The signs may be freestanding, but in such event shall not exceed five feet (5’) in height. The planning commission shall have authority to modify the regulations contained in this subsection with respect to the number, size, and height of identification signs, through the granting of a use permit pursuant to chapter 12.28 of this title.

E. Unlighted Real Estate Sign: An unlighted real estate sign, not exceeding twenty four (24) square feet in area.

The sign may be freestanding, but in such event shall not exceed eight feet (8’) in height, as measured from the top of the curb line, or the pavement surface where no curb exists, of the nearest street adjacent to the sign.

F. Temporary Construction Signs: Temporary construction signs, subject to the regulations prescribed in section

12.116.150 of this chapter.

G. Public Interest Signs: Public interest signs, subject to the regulations prescribed in section 12.116.160 of this chapter.

H. Temporary Political Signs: Temporary political signs, subject to the regulations prescribed in section

12.116.180 of this chapter.

I. Gasoline Price Signs: Gasoline price signs, subject to the regulations prescribed in section 12.116.190 of this chapter.

EXHIBIT A
Packet Pg. 156 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) Gonzales City Code
CHAPTER 12.116 SIGNS

J. Off Site Directional Signs: Off site directional signs, subject to the regulations prescribed above. (Ord. 2010- 64, 6-7-2010)
K. On-Site Advertising Signs: On-site advertising signs, subject to the regulations in 12.116.125.

12.116.100 SIGNS IN NEIGHBORHOOD AND HIGHWAY COMMERCIAL DISTRICTS:

No sign of any character shall be permitted in an NC or HC district except the following:

A. Identification Signs: Identification signs that comply with any one of the following standards:

1. For corner lots, one-half (1/2) square foot of area for each foot of width of the front elevation of the building and side elevation of the street side of a corner lot; or

2. One-fourth (1/4) square foot of area for each foot of street frontage of the site; or

3. One-half (1/2) square foot of area for each foot of store frontage. The term "store frontage," as used herein, means that side, or those sides of the building where the main entrance to each business establishment conducted therein is located. For the purposes of computing sign area hereunder, no single business establishment may have a main entrance on more than one side of the same building. In no event shall the aggregate area of all identification signs upon a site exceed forty (40) square feet for each use upon such site.

B. On Site Directional Signs: On site directional signs, each not exceeding three (3) square feet in area and five feet (5’) in height. Such signs may be freestanding. If more than two (2) directional signs are proposed, the number and location of such signs shall be subject to approval by the planning director.

C. Freestanding Identification Signs: A freestanding identification sign for a site containing five (5) or more separate uses, not exceeding forty (40) square feet in area. Such sign may be in addition to all other signs permitted under this section.

D. Bulletin Boards: A bulletin board, not exceeding twenty (20) square feet in area and ten feet (10’) in height, on the site of a religious institution. Such bulletin boards may be freestanding.

E. Identification Signs For Multi-Family Dwellings, Motels: An identification sign, not exceeding sixteen (16) square feet in area, under the following circumstances:

1. On the site of a multi-family dwelling, motel, or hotel, such sign may be freestanding. Signage for the uses referred to herein shall be regulated by this subsection and not subsection A of this section.

2. On the site of a building that is set back from the street and whose building frontage is so blocked by surrounding physical features as determined by the planning director that building signs would not be visible in the same manner as other buildings in the two (2) districts. Such sign may be freestanding but shall not be any taller than seven feet (7’) high, and shall be regulated by this subsection as to all other standards. (Ord. 2001- 13, 11-19-2001)
F. Real Estate Signs: An unlighted real estate sign, not exceeding twenty four (24) square feet in area. The sign may be freestanding, but in such event shall not exceed four feet (4’) in height.

G. Temporary Construction Signs: Temporary construction signs, subject to the regulations prescribed in section

12.116.150 of this chapter.

H. Public Interest Signs: Public interest signs, subject to the regulations prescribed in section 12.116.160 of this chapter.

I. Temporary Political Signs: Temporary political signs, subject to the regulations prescribed in section

12.116.180 of this chapter.

J. Gasoline Price Signs: Gasoline price signs, subject to the regulations prescribed in section 12.116.190 of this chapter.

EXHIBIT A
Packet Pg. 157 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) Gonzales City Code
CHAPTER 12.116 SIGNS

K. Special Event Signs: Special event signs, not exceeding ten (10) square feet in area, may be permitted, provided such signs are posted for not more than thirty (30) days prior to the event and are removed within two (2) days after such event.

L. Temporary Grand Opening Signs, Banners: Temporary grand opening signs or banners, not exceeding twenty (20) square feet in area, may be permitted to announce the commencement of a new business establishment. Such signs shall not be displayed more than thirty (30) days.

M. Temporary Signs Advertising Special Promotions: Temporary signs or banners advertising special promotions or sales may be permitted, subject to approval by the planning director, as follows:

1. Size: The maximum size of a temporary sign or banner is forty (40) square feet.

2. Location: Temporary signs or banners shall be affixed to a principal building and shall not project above the roofline of the building.

3. Duration: Temporary signs or banners may be displayed for a maximum of forty two (42) days within a six (6) month period.

4. Permit Required: An administrative permit (and accompanying fee) shall be required prior to the installation and/or display of a temporary sign or banner. (Ord. 2000-03, 8-7-2000)

12.116.110 SIGNS IN DOWNTOWN MIXED USE DISTRICT:

No sign of any character shall be permitted in the MU district except the following. In addition, such signs shall conform to standards in the Gonzales downtown revitalization plan.

A. Identification Signs Placed Upon Or Attached To Buildings: Identification signs that comply with any one of the following standards:

1. Allowed sign area shall be computed at one square foot of sign area for each linear foot of building frontage on a public street or alley subject to the additional limitations below. Buildings on corner lots or abutting a public alley may count the building frontage on the street upon which the building faces and the building frontage on one side street or upon the alley.

2. Maximum combined area of all signs on a building shall not exceed one hundred (100) square feet, regardless of the length of combined frontages.

Maximum sign area of all signs on the principal frontage of the building shall not exceed one square foot of sign area per each linear foot of building frontage, or fifty (50) square feet whichever is less. Any unused available sign area may be applied to the side street or alley frontage, or rear entry of the building subject to the limitations above.

3. Any building, regardless of the length of frontage may have a sign of twenty (20) square feet in order to ensure effective identification.

4. Where more than one tenant store or office occupies a building, maximum available sign area shall be distributed between the several tenants based upon their proportion of the building frontage, subject to the limitations on overall signage area stated above.

5. No sign placed upon any building frontage may exceed seventy five percent (75%) of the width of the elevation, nor be placed closer than two feet (2’) to the top of a parapet, or lowest portion of a roof structure.

B. On Site Directional Signs: On site directional signs, each not exceeding three (3) square feet in area and five feet (5’) in height. Such signs may be freestanding. If more than two (2) directional signs are proposed, the number and location of such signs shall be subject to approval by the planning director.

EXHIBIT A
Packet Pg. 158 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) Gonzales City Code
CHAPTER 12.116 SIGNS

C. Freestanding Identification Signs: A freestanding identification sign for a site containing five (5) or more separate uses, not exceeding forty (40) square feet in area. Such sign may be in addition to all other signs permitted under this section.

D. Bulletin Boards: A bulletin board, not exceeding twenty (20) square feet in area and ten feet (10’) in height, on the site of a religious institution. Such bulletin boards may be freestanding.

E. Identification Signs For Multi-Family Dwellings, Motels: An identification sign, not exceeding sixteen (16) square feet in area, under the following circumstances:

1. On the site of a multi-family dwelling, motel, or hotel, such sign may be freestanding. Signage for the uses referred to herein shall be regulated by this subsection and not subsection A of this section.

2. On the site of a building that is set back from the street and whose building frontage is so blocked by surrounding physical features as determined by the planning director that building signs would not be visible in the same manner as other buildings in this district. Such a sign may be freestanding but shall not be any taller than seven feet (7’) high and shall be regulated by this subsection as to all other standards.

F. Real Estate Signs: An unlighted real estate sign, not exceeding twenty four (24) square feet in area. The sign may be freestanding, but in such an event it shall not exceed four feet (4’) in height.

G. Temporary Construction Signs: Temporary construction signs, subject to the regulations prescribed in section

12.116.150 of this chapter.

H. Public Interest Signs: Public interest signs, subject to the regulations prescribed in section 12.116.160 of this chapter.

I. Temporary Political Signs: Temporary political signs, subject to the regulations prescribed in section

12.116.180 of this chapter.

J. Gasoline Price Signs: Gasoline price signs, subject to the regulations prescribed in section 12.116.190 of this chapter.

K. Special Event Signs: Special event signs, not exceeding ten (10) square feet in area, may be permitted, provided such signs are posted for not more than thirty (30) days prior to the event and are removed within two (2) days after such an event.

L. Temporary Grand Opening Signs, Banners: Temporary grand opening signs or banners, not exceeding twenty (20) square feet in area, may be permitted to announce the commencement of a new business establishment. Such signs shall not be displayed for more than thirty (30) days.

M. Temporary Signs Advertising Special Promotions: Temporary signs or banners advertising special promotions or sales may be permitted, subject to approval by the planning director, as follows:

1. Size: The maximum size of a temporary sign or banner is forty (40) square feet.

2. Location: Temporary signs or banners shall be affixed to a principal building and shall not project above the roofline of the building.

3. Duration: Temporary signs or banners may be displayed for a maximum of forty two (42) days within a six (6) month period.

4. Permit Required: An administrative permit (and accompanying fee) shall be required prior to the installation and/or display of a temporary sign or banner. (Ord. 2010-64, 6-7-2010)

12.116.120 FREESTANDING FREEWAY SIGNS:

Within any nonresidential district, the following freestanding freeway signs are permitted and associated standards shall apply:

EXHIBIT A
Packet Pg. 159 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) Gonzales City Code
CHAPTER 12.116 SIGNS

A. Single Use Signs: Single use signs that do not exceed seventy two (72) square feet in area and thirty five feet (35’) in height.

B. Shared Use Signs: Unless an off-site advertising sign subject to Section 12.116.125, and under lease agreement with the City of Gonzales, shared use signs that advertise more than one business and that are within one hundred feet (100’) of Highway 101 may have the following dimensions in order to be more visible from the freeway:

1. Height: Fifty feet (50’) for a sign of two (2) or more businesses.

2. Area: A maximum of seventy two (72) square feet per business. All businesses advertising on one sign, combined together, may have up to two hundred eighty (280) square feet of business message sign area. No more than six (6) businesses may advertise or be identified on a single sign. In addition, up to ninety (90) square feet of sign area may be allowed for a shopping center to identify the name of the center as a whole.

3. Eligibility: Such sign poles or pylons may only advertise businesses which are either freeway dependent such as restaurants and motels and that are on properties that are located within two hundred feet (200’) of Highway 101 right of way; or businesses which contain at least fifteen thousand (15,000) square feet under one roof and are located on properties zoned HC or I.

4. Location:
a. On Site Signs: One pole or pylon sign per two hundred (200) square feet of property frontage for a project or development that is located in an HC district, adjacent to Highway 101. b. Off Site Signs: Are not allowed except as outlined in Section 12.116.125 of this Chapter.

6. Use of existing off site pole or pylon shared use signs. A new pole or pylon sign shall only be approved when the planning director determines that no pole or pylon sign exists that could reasonably advertise the uses in that new project. The determination of reasonableness shall include the following factors:
a. No sign exists on the same side of Highway 101 and in the vicinity of the new project that could advertise all eligible uses within the new project in addition to the existing message(s) on the sign and still adhere to the provisions of this section; and
b. If a project or development has an off site pole or pylon sign, businesses within that project or development may only advertise on that off site sign.
c. The only existing sign or signs suffer from age and economic obsolescence so that the sign or signs do not offer an equal advertising opportunity for new sign messages.

7. All new pole or pylon signs approved pursuant to the provisions of this section shall provide for the identification of future eligible off site businesses unless it is determined by the planning director that:
a. There is no future need for pole or pylon signage in the vicinity; b. The capacity of the new sign for identification of future uses would be inadequate for any projected future off site businesses in the vicinity; or
c. Future businesses would not be compatible with the businesses to be advertised on the new sign.

8. The owner of new signs that provide for identification of future businesses shall covenant with the city to develop and to offer additional panels on the sign to other eligible businesses pursuant to this section, for the purpose of establishing a shared use sign. The owner of a new pole or pylon sign may charge a proportional share of the cost of installing and maintaining the sign to any business that subsequently shares the sign. (Ord. 2000-3, 8-7-2000)

EXHIBIT A
Packet Pg. 160 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) Gonzales City Code
CHAPTER 12.116 SIGNS

12.116.125 OFF-SITE ADVERTISING BILLBOARD SIGNS
A. Off-Site Advertising Billboard Signs are permitted in the Industrial District only in areas visible to Highway 101 travelers, and the following standards shall apply:

1. No new permitted off-site advertising sign may be less than 3,000 feet from an existing permitted off-site advertising sign.

2. New off-site advertising signs will only be allowed on property zoned industrial.

3. No new outdoor advertising structure shall be less than 500 feet from any existing church, park or school.

4. Only highway facing signs will be allowed.

5. Digital or static display is allowed.

6. Overall height from grade must be 70’or less.

7. Display sign area may be no more than 672 square feet, per face side.

8. Digital displays shall not rotate copy more frequently than every 6 seconds.

9. Sign structure and final architectural design must be approved by the City Planning Department, and consistent with the recommendations of a design review process.

10. Development agreement, lease agreement or other agreement with the City of Gonzales. a) The operations and City conditions for the use and utility of the advertising display shall be included as part of a development agreement, lease agreement or other agreement with the City of Gonzales, City Council.
b) The agreement must include revenue provisions to the City that allow the City to undertake projects, programs or other activities funded by the City.

12.116.130 OFF SITE DIRECTIONAL SIGNS:

A conditional use permit is required for all off-site directional signs. Such signs may not exceed seventy two (72) square feet in area or eight feet (8’) in height. Off-site directional signs shall be architecturally designed to complement the surroundings and reduce any potential negative visual impact that may result from erection of the sign to the greatest extent feasible. (Ord. 2000-03, 8-7-2000)

12.116.140 TEMPORARY SUBDIVISION SIGNS:

In an A, R-1 and R-2 district, temporary freestanding subdivision signs shall be permitted, provided they conform to the following regulations:

A. On Tract Signs: One sign, not exceeding twenty four (24) square feet in area, advertising a subdivision, may be erected or displayed adjoining each street on which the subdivision abuts and adjoining each entrance to the subdivision.

B. Model Home Signs: One sign, not exceeding six (6) square feet in area, advertising a model home, may be erected or displayed on the site of each model home in a subdivision.

C. Off Tract Directional Signs: Not more than two (2) directional signs, each facing a different direction and each not exceeding eighteen inches by thirty inches (18" x 30") in size, may be erected or displayed adjoining the intersections of streets leading to a subdivision.

EXHIBIT A
Packet Pg. 161 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) Gonzales City Code
CHAPTER 12.116 SIGNS

D. Issuance, Duration And Renewal Of Sign Permit: A sign permit for temporary subdivision signs may be issued at any time after recordation of the final subdivision map, and shall be for a term not exceeding one year. The signs shall then be removed unless, prior to the expiration of one year, renewal of the permit for a period of not more than one additional year may be approved by the planning director. (Ord. 2000-03, 8-7-2000)

12.116.150 TEMPORARY CONSTRUCTION SIGNS:

A temporary construction sign may be permitted in any district so long as it conforms to the following regulations:

A. The sign shall be located on the same site as the construction project. A freestanding sign may be permitted.

B. No more than one sign having an area not exceeding fifteen (15) square feet may be erected or displayed on the site. Where the development consists of a residential subdivision where a temporary construction sign is permitted, then no temporary construction sign shall be permitted.

C. The sign permit may be issued at any time on or after issuance of the building permit for the building or structure in question. The sign permit shall expire six (6) months following the date on which such permit was issued or upon the sooner completion of construction. The sign shall be removed on expiration of the permit unless prior to expiration the sign permit is renewed on approval of the planning director, which renewal shall in no event be for a period in excess of an additional six (6) months. The sign permit shall not thereafter be further renewed. (Ord. 2000-03, 8-7-2000)

12.116.160 PUBLIC INTEREST SIGNS:

A. Both on site and off site directional and identification signs shall be permitted in any zoning district to advertise, identify or direct persons to public and quasi-public areas, centers and institutions, and such other areas, whether natural or artificial, which, in the opinion of the planning commission, are points of general public interest.

B. This section shall apply to multiple signs on a single structure advertising service clubs and the chamber of commerce, but the same shall be limited to one such sign structure adjacent to an arterial street at each entrance to the city, and the total area of the sign structure shall not exceed fifty (50) square feet. (Ord. 2000-03, 8-7-2000)

12.116.170 OPEN HOUSE SIGNS IN RESIDENTIAL DISTRICTS:

A. Restrictions: Unlighted open house signs are permitted in any zoning district, subject to the following restrictions:

1. There shall be no more than one open house sign oriented in the same direction at any intersection. (Ord. 2000-03, 8-7-2000)

2. The open house sign shall not exceed four (4) square feet of area and four feet (4’) in height, and shall be fixed to a single pole of wood or metal material, or shall be an "A" frame, freestanding sign. (Ord. 2001-13, 11- 19-2001)

3. No open house signs shall be located in medians.

4. No open house sign shall be placed upon any public property; provided however, where the public right of way extends into a parkway strip or the planted area adjacent to the curb, between the street or curb and adjacent private property, an open house sign may be placed within such parkway strip upon obtaining permission from the owner of the adjacent private property. To the extent authorized by this subsection, open house signs are an exception to the prohibition set forth in section 12.116.030 of this chapter.

5. No open house sign shall include balloons, ribbons, streamers, or other accessories.

6. No open house sign shall be placed upon any private property without first obtaining permission from the owner of such property.

7. Information shall be printed upon or affixed to every open house sign indicating the name, real estate company affiliation, address, and telephone number of the sign owner.

EXHIBIT A
Packet Pg. 162 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) Gonzales City Code
CHAPTER 12.116 SIGNS

8. Each real estate company shall apply and receive approval for an annual encroachment permit from the department of public works. The encroachment permit shall be valid for one year and shall be renewed annually. The encroachment permit shall be valid only for employees, independents, or affiliate members of the real estate company. (Ord. 2000-03, 8-7-2000)

9. The open house sign shall be removed each day after the closing of the open house for that day, and no later than six o’clock (6:00) P.M., November 1 through March 31; and eight o’clock (8:00) P.M., April 1 through October 31. Open house signs shall not be placed earlier than six o’clock (6:00) A.M. (Ord. 2001-13, 11-19-2001)

12.116.180 TEMPORARY POLITICAL SIGNS:

A. Sign Restrictions: A temporary political sign may be erected only in accordance with the following restrictions:

1. No temporary political sign may be illuminated in any manner other than by previously existing lighting sources normally used for illumination of the area where the sign is erected.

2. No temporary political sign may be affixed to any pole or wire appurtenance thereof on which is attached any traffic sign, traffic signal, street sign, parking sign or other traffic control device installed by any public agency for public information purposes, nor may any temporary political sign be erected in a manner or place that will obstruct normal visibility of such traffic signs, traffic signals, street signs, parking signs or other traffic control devices.

3. No temporary political sign may be erected upon or affixed to any sidewalk, crosswalk, police or fire alarm system, hydrant, or any public building or other public structure.

4. No temporary political sign may be erected within or upon the right of way of any public highway or public street. (Ord. 2000-03, 8-7-2000)

5. No temporary political sign may exceed an area of sixteen (16) square feet.

6. No temporary political sign may be erected having bracing or backing material thicker than three-fourths of an inch (3/4"), except for support for posts firmly planted in the ground. (Ord. 2005-38, 11-7-2005) B. Removal: A temporary political sign shall be completely removed not later than five (5) days after the date of the election to which it relates. (Ord. 2000-03, 8-7-2000)

12.116.190 GASOLINE PRICE SIGNS:

A single gasoline price sign, as required under California Business and Professions Code section 13531(a), shall be permitted on the site of a gasoline service station. Such sign may be freestanding, if necessary to comply with the requirements of said section 13531(a) concerning visibility from the street adjacent to the site. The gasoline price sign shall comply with the following requirements:

A. The sign shall advertise not more than the four (4) major grades of motor vehicle fuel offered for sale.

B. The numerals designating the price of motor fuel shall not exceed six inches (6") in height. Fractions shall be considered one numeral. All other letters, figures or numerals on the sign shall not exceed two inches (2") in height, unless otherwise approved by the planning commission.

C. The area of the sign shall not exceed ten (10) square feet unless the applicant demonstrates, to the satisfaction of the planning commission, that a greater size is needed to contain all of the numerals, words and figures required to be shown on the sign under the applicable provisions of California Business and Professions Code section 13532. (Ord. 2000-03, 8-7-2000)

12.116.200 COMPREHENSIVE SIGNAGE PROGRAM:

A. Submittal Of Program: A comprehensive signage program shall be prepared and submitted in conjunction with each use permit or site plan application for a shopping center, business park, or other similar collection of related structures on a single site. The program submitted shall address all signs to be used, including, but not

EXHIBIT A
Packet Pg. 163 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) Gonzales City Code
CHAPTER 12.116 SIGNS

limited to, signs identified in sections 12.116.090 and 12.116.100 of this chapter. The comprehensive signage program shall conform to all provisions of this section. For all signs, the size, placements, materials, colors, illumination, and other design characteristics not specified in this section shall be determined at time of approval of the comprehensive signage program by the planning director. The comprehensive signage program shall contain the following:

1. A site plan and building elevations identifying the location of all signs.

2. Design drawings for each sign or type of sign, specifying the dimensions, materials, type of construction, illumination, size of sign copy, and details necessary to determine the appropriateness of the signage.

B. Conformance Required: Once a comprehensive signage program is approved, all signs in that center, complex, or project shall conform to the program.

C. Waiver Of Limitations: Specific dimensional limitations specified in this chapter may be waived upon determination by the planning director that the submitted sign(s) meet the intent of the standards and guidelines and result in both a functionally and aesthetically superior design. (Ord. 2000-03, 8-7-2000)

12.116.210 SPECIAL PERMITS:

Nothing contained in this chapter shall prohibit the planning commission or planning director from granting a temporary special permit or otherwise permitting, on such terms as it deems proper, signs, banners or other advertising pertaining to any civic, patriotic or special event of general public interest. (Ord. 2001-13, 11-19-2001)

12.116.220 NONCONFORMING SIGNS:

A. Intent: The intent of this section is to regulate the use and removal of nonconforming, unlawful, and abandoned signs.

B. Modifications: The following modifications to nonconforming signs are allowed:

1. Changes in sign copy.

2. Modifications that reduce the extent to which the sign does not comply with this chapter.

3. No modification of a nonconforming sign shall have any effect on the length of the amortization period for the sign.

C. Record Of Nonconforming Signs: The planning director shall prepare a list of all signs in the city, which are nonconforming signs.

D. Mailing Of Notices: The planning director shall mail a notice by certified return receipt mail to the occupant business, if known, and to the owner (as shown on the last equalized assessment roll) of the land where each nonconforming sign is located. The notice shall contain:

1. A description of the land where the sign is located and a description of the sign, both in terms reasonably sufficient for the owner to identify the sign.

2. A statement that the sign is a nonconforming sign.

3. The applicable date for removal of the sign under the provisions of subsection F of this section.

Information concerning more than one sign, and information concerning separate amortization dates for different characteristics of one or more single signs, separately stated, may be included in a single notice. If the planning director subsequently learns that for any reason notice has not been given in a timely manner, or that notice given is defective in any way, the planning director shall promptly mail a proper notice to the occupant and owner, even if the regular time for notification has expired. Notice mailed after the time required by this subsection meets the requirements of subsection E of this section and is effective to start the time period provided in subsection F of this section.

EXHIBIT A
Packet Pg. 164 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) Gonzales City Code
CHAPTER 12.116 SIGNS

E. Effect Of Mailing Of Notices: Notice mailed as provided in subsection D of this section is deemed to be notice to the owners of nonconforming signs and to all persons having any right, title, or interest therein. The mailing of notices is intended as a convenience to sign owners. However, no failure to give notice shall invalidate any proceeding to enforce this chapter, to abate any sign, or to punish any sign violation.

F. Duration Of Nonconforming Signs: A sign that becomes nonconforming shall be a nonconforming sign for five (5) years and then must be removed. Billboards that become nonconforming shall be nonconforming for fifteen (15) years and then must be removed. Off Site Advertising Billboard Signs subject to an adopted lease agreement with the City, shall be governed by the provisions for removal and non-conformity contained therein.

G. Procedures Concerning Subsequent Nonconforming Signs: Within six (6) months of the date when a sign becomes a nonconforming sign, the planning director shall add the sign to the list of nonconforming signs and mail notices in the manner specified in subsection D of this section and such notices shall have the same effect as the notices provided for other nonconforming signs.

H. Removal Of Unlawful Signs: Any sign erected or maintained contrary to the provisions of this chapter or any other ordinance of the city, including unlawfully erected signs, and formerly nonconforming signs whose nonconforming status has terminated, is in its entirety an unlawful sign and shall be removed.

I. Abandoned Signs: The owner must have all copy removed from an abandoned sign and the sign shall remain blank until a new entity has occupied the premises. Further, if any sign has been abandoned for a period of one year, the owner shall remove the sign and any appurtenant structures.

J. Maintenance: All signs shall be maintained and kept in repair and shall be painted and repainted at reasonable intervals. If the owner fails to comply, after ten (10) days’ written notice by the planning director, or duly appointed deputy, to so maintain such signs, the planning director shall have the sign removed at the owner’s expense. (Ord. 2000-03, 8-7-2000)

12.116.230 VIOLATIONS; REMOVAL OF ILLEGAL SIGNS:

A. Each Sign A Separate Violation: Each sign found to be in violation of any provision of this chapter shall constitute a separate violation of this code.

B. Sign Removal Authorized: The planning director or his/her representative may remove any sign located upon or affixed to any public property in violation of the provisions of this chapter.

C. Notice To Owner: The planning director shall promptly thereafter give notice of the removal to the sign owner, if such owner can be ascertained or found, stating the location of the sign and the procedure for retrieval thereof by the sign owner.

D. Retrieving Sign; Payment Of Fees; Request Hearing: Any unlawful sign removed by the planning director pursuant to this chapter shall be retained by him/her for a period of at least ten (10) days, during which the sign owner may retrieve the sign upon payment of all removal costs or an administrative fine in the amount of fifty dollars ($50.00), whichever is greater. Any person desiring to contest such payment may request a hearing before the city manager, who is authorized to waive the payment if he/she determines that the sign did not violate any provisions of this chapter. The decision of the city manager shall be final.

E. Destruction Of Abandoned Sign: Any sign not retrieved within the ten (10) day period specified in subsection D of this section shall conclusively be deemed to have been abandoned by the owner thereof and may be destroyed or otherwise disposed of by the planning director. The city shall have the right to recover from the owner of such sign all removal and destruction costs.

F. Enforcement: The enforcement of sign regulations pursuant to this chapter shall be in addition to any other rights and remedies available to the city under chapter 5.20, "Public Nuisances", of this code by reason of the same violation. (Ord. 2001-13, 11-19-2001)

EXHIBIT A
Packet Pg. 165 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) Packet Pg. 166 Attachment: Proof of Publication (2980 : Ordinance No. 2024-143 (Adoption) Amending Chapter 12.116 Signs - Approval) City of Gonzales

CITY ATTORNEY

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: May 20, 2024
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, City Manager
SUBJECT: Waive Reading, Adopt and Read by Title Only Ordinance No. 2024-144 Amending Chapter 5.40 “Fireworks” of Title 5-Public Health and Safety, of the Gonzales City Code

RECOMMENDATION
Introduce and waive reading, with reading by title only of Ordinance No. 2024-144 Amending Chapter

5.40 “Fireworks” of Title 5-Public Health and Safety, of the Gonzales City Code.

BACKGROUND
Enforcement of municipal code provisions concerning fireworks remains difficult throughout the State because officers are rarely able to catch individuals in the act of using illegal fireworks, or conversely, so many individuals are using illegal fireworks at any given time that selection for citation issuance is completely overwhelming, arguably arbitrary, and as a practical matter, ineffective. Additionally, it is clear that the City’s residents associate the celebration of the Independence Day holiday with firework displays and use, with a significant number of individuals willing to break local and state laws as a means of carrying out what appears to be a time honored and well-loved tradition.

Despite the best efforts of the police department, including the issuance of citations and the confiscation of illegal fireworks, the use of illegal fireworks in the City remains largely unabated. Last year illegal fireworks were in use and on display everywhere in the City well past 12:00 a.m., animals were frightened by bright lights and loud noises, and debris associated with firework use was disseminated throughout the City. More importantly, the City had a house fire and fatality that may have been the result of the use of fireworks. (The City had a similar house fire without injury the year before.) AGENDA
ITEM
18 Packet Pg. 167
Earlier this year the City Council formed a Fireworks Committee comprised of five citizens to discuss and make recommendations on a plan to address illegal fireworks in the City. The Committee met twice, on March 12 and April 2, and made a number of recommendations including:

1. Update the City Code to include language that:
• Establishes a 10:30pm curfew on fireworks;
• Adds provisions potentially holding a landlord responsible for violation of fireworks sections of the City Code; and
• Consider establishing an administrative procedure for citation purposes that would allow enhanced fines.

2. Establish a messaging campaign from the Fire Department, the Police Department and youth on problems associated with legal and illegal fireworks use and the effects on animals and veterans.

REVIEW & ANALYSIS
At its meeting on May 6, 2024, the City Council considered the fireworks enforcement options available to the City, including:

1. Banning the sale and use of all fireworks in the City;

2. Modifying the current City Code to provide additional fireworks use restrictions, enforcement tools and penalties;

3. Establishing a comprehensive administrative program for fireworks enforcement;

4. Embarking on a public education program to make the public aware of the dangers and consequences associated with illegal fireworks.

Based on the recommendations of the Fireworks Committee, the City Manager and the Fire Chief, the City Attorney prepared and presented Ordinance No. 2024-144 at the May 6th meeting. Ordinance No. 2014-144 amends Chapter 5.40 of the City Code by the addition of new provisions that clarify the restrictions on the use of fireworks in the City, making it unlawful for any person, corporation or entity to possess, store, offer for sale, sell at retail or wholesale, use or discharge illegal fireworks, or to permit the use of property under a person’s or entity’s control for illegal fireworks use. Other amendments to Chapter 5.40 establish a new 10:30 pm curfew for the use of legal (safe-and-sane) fireworks in the City on July 4, establish the City’s right to collect response and administrative costs of the police, fire and other emergency service providers incurred in responding to incidents involving the possession, storage or discharge of illegal fireworks, declare the illegal use of fireworks in the City to be a nuisance, and clarify the penalties for the use of illegal fireworks.

In addition to the proposed changes to the Code, staff also recommended that the City continue in its educational efforts.

After taking public and Council comment, the Council waived reading of Ordinance No. 2024-144, introduced and read the ordinance by title only. The Council also directed that staff continue to pursue educational messaging on the dangers associated with fireworks and alternative celebration activities, and asked staff to look into the possible formation of an administrative scheme for handling firework citations in the future. Finally, the Council asked: 1) the Police Department to provide information on the number of citations issued in 2021, 2022 and 2023, as well as any available information concerning confiscation of illegal fireworks, and 2) for information on how much revenue has been derived by non-profits who sell safe and sane fireworks in the City over the past few years.

Based on the foregoing, staff is recommending that the Council waive reading, adopt and read by title only Ordinance No. 2024-144 Amending Chapter 5.40 “Fireworks” of Title 5-Public Health and Safety, Packet Pg. 168
of the Gonzales City Code. If adopted, the new Code provisions will be in effect for this year’s Fourth of July celebration.

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: Adoption of new Code provisions regulating the use of fireworks in the City will help maintain public safety.

Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ____ No N/A
Explain: See above.

City services will be delivered in a cost-effective, respectful and friendly manner to insure the safety and well being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. Yes ____ No X N/A

Explain: See above.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes ____ No 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
• Consider introduction and waiver of reading of Ordinance No. 2024-144 which implements many of the recommendations made by the City’s Fireworks Committee. • Provide Staff with direction on the preparation of a modified form of Ordinance No. 2044-144, either adding new provisions or striking some of the proposed additions. Note that delays in adoption of Code changes will in all likelihood result in approved changes that will not be enforceable during the Independence Day holiday in 2024. • Take no action at this time and provide Staff with direction.

BUDGET IMPACT
N/A.

CONCLUSION
Packet Pg. 169
Based on ongoing concerns about the effects of illegal fireworks in the City, it is recommended that the Council introduce and waive reading, with reading by title only of Ordinance No. 2024-144 Amending Chapter 5.40 “Fireworks” of Title 5-Public Health and Safety, of the Gonzales City Code.

Attachments:

1. Public Hearing Notice

2. Ordinance No. 2024-144

3. City Code - Fireworks
Packet Pg. 170

PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN that the
City Council of the City of Gonzales
will hold a Public Hearing on Monday,
May 20, 2024 at 6:00pm in the City
Council Chambers, 117 Fourth Street,
Gonzales, California to consider
adoption of:

ORDINANCE NO. 2024-144

AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF GONZALES
AMENDING CHAPTER 5.40
“FIREWORKS” OF TITLE 5-PUBLIC

HEALTH AND SAFETY OF THE

GONZALES CITY CODE
The City Council will be considering
the adoption of Ordinance No. 2024-
144, which will amend provisions
of Chapter 5.40 “Fireworks” of
Title 5- Public Health and Safety of
the Gonzales City Code. The new
provisions clarify the restrictions on
the use of fireworks in the City, making
it unlawful for any person, corporation
or entity to possess, store, offer for
sale, sell at retail or wholesale, use
or discharge illegal fireworks, or to
permit the use of property under a
person’s or entity’s control for illegal
fireworks use; establish a new 10:30
pm curfew for the use of legal (safeand-sane) fireworks in the City on July 4; and establish the City’s right to
collect response and administrative
costs of the police, fire and other
emergency service providers incurred
in responding to incidents involving
the possession, storage or discharge
of illegal fireworks, all as defined in the
Code. New sections also declare the
illegal use of fireworks in the City to be
a nuisance and clarify the penalties for
the use of illegal fireworks.

A copy of the full text of the proposed
ordinance has been available in the
office of the City Clerk since May 2,
2024. Ordinance No. 2024-144 was
introduced and read by title only at a
regular meeting of the City Council on
May 6, 2024.

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].
ca.us 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.

Dated at Gonzales, California, this 7th
day of May, 2024.
/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.
24138 - PUB 5/8/2024
Packet Pg. 171 Attachment: Public Hearing Notice (2998 : Ordinance No. 2024-144 (Adoption) Amending Chapter 5 Fireworks)

ORDINANCE NO. 2024-144

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GONZALES AMENDING CHAPTER 5.40-FIREWORKS OF TITLE 5-PUBLIC HEALTH AND

SAFETY OF THE GONZALES CITY CODE
WHEREAS, the citizens of the City of Gonzales continue to be concerned about the adverse impacts associated with the use of illegal fireworks in the City; and WHEREAS, every year, on and around the Independence Day celebration, illegal fireworks are used throughout the City at all times of the day and evening; and WHEREAS, the use of illegal fireworks disturbs regular activities, such as sleep, frightens animals, causes distress to those suffering from post-traumatic stress disorder, results in the disbursement of debris associated with firework use, and most importantly, causes and creates the potential for fires, damages and threats to life within the City; and WHEREAS, in 2024, based on two consecutive years in which local house fires were either attributed to or suspected of being caused by illegal fireworks, the City Council formed a Fireworks Subcommittee to make recommendations on measures to address illegal fireworks use; and
WHEREAS, based on the Fireworks Committee’s recommendations and input from the City Council and Staff, the City is now proposing to amend the City Code to address illegal fireworks use.

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.

Section 2. Amendment of Chapter 5.40 of the Gonzales City Code. Chapter 5.40-Fireworks of Title 5-Public Health and Safety of the Gonzales City Code, is hereby amended in the manner set forth in Attachment 1 to this Ordinance.

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 Packet Pg. 172 Attachment: Ordinance No. 2024-144 (2998 : Ordinance No. 2024-144 (Adoption) Amending Chapter 5 Fireworks)

causing a significant effect on the environment. As a series of text amendments regarding restrictions on the use of fireworks and penalties 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 6
th of May, 2024 and passed and adopted by the City Council of the City of Gonzales at a regular meeting on the 20th day of May, 2024 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. 173 Attachment: Ordinance No. 2024-144 (2998 : Ordinance No. 2024-144 (Adoption) Amending Chapter 5 Fireworks) Attachment 1
CHAPTER 5.40

FIREWORKS
SECTION:

5.40.010 Sales Permit; Temporary Stands

5.40.020 Restrictions On Sale

5.40.030 Fire Extinguisher Required

5.40.040 Dates For Selling

5.40.050 Fireworks- Restrictions on Use

5.40.060 Public Nuisance

5.40.070 Response and Administrative Costs

5.40.080 Violations and Penalty

5.40.090 Remedies Nonexclusive

5.40.010 SALES PERMIT; TEMPORARY STANDS:

A. Council Authority: The city council shall have the authority by resolution or minute order to grant annual permits for the sale of fireworks designated by the California State Fire Marshal to be of the Safe and Sane type and approved for sale in the state of California from a temporary stand upon written application therefor, to any charitable, civic, or patriotic group or organization.

B. Conditions Of Application And Permit; Fee:

1. Such application shall specifically identify the contemplated location of the proposed stand.

2. Any permit issued by the council may contain reasonable conditions and use restrictions. All persons selling or offering to sell fireworks from any such stand shall abide by the conditions and restrictions imposed by the city council in granting the permit, and shall take all necessary precautions to prevent fire and/or any other potential harm or danger to the general public associated with fireworks from occurring. (1972 Code § 9.16.030)
Packet Pg. 174 Attachment: City Code - Fireworks (2998 : Ordinance No. 2024-144 (Adoption) Amending Chapter 5 Fireworks)

3. No person shall light or cause to be lightedlit any fireworks or other combustible article within the confines of any such stand or within one hundred feet (100’) thereof. (1972 Code § 9.16.030; amd. 2003 Code)

4. Each application for any such permit shall be accompanied by a filing fee made payable to the city in the amount as established by a resolution of the city council. (1972 Code § 9.16.030)

5.40.020 RESTRICTIONS ON SALE:

No person shall sell or offer for sale any fireworks within the city, except in a temporary stand or structure used for display and sale of fireworks operated and maintained by a recognized charitable, civic, or patriotic group or organization with the permit of the city. (1972 Code § 9.16.010; amd. 2003 Code)

5.40.030 FIRE EXTINGUISHER REQUIRED:

There shall be maintained in each temporary stand within which fireworks are sold or offered for sale a fire extinguisher at least rated 10A with current inspection tag. (1972 Code § 9.16.040; amd. 2003 Code)

5.40.040 DATES FOR SELLING:

No fireworks shall be sold or offered for sale within the city except during the period of twelve o’clock (12:00) noon on June 28 through eight o’clock (08:00) pm on July 4, of the same calendar year. Notwithstanding, the city council shall retain the discretion to allow for the sale of fireworks within the city on additional dates when such sales are an appropriate part of a local, state or national event, when the state fire marshal has authorized the sale of such fireworks, and when the city’s fire marshal has determined that such sales do not pose a threat to the health, safety and welfare of the citizens of Gonzales when performed in accordance with the provisions of this chapter. (1972 Code § 9.16.050)

5.40.050 FIREWORKS-RESTRICTIONS ON USE
A. Fireworks in General- Except as provided in this Chapter, it shall be unlawful for any person, corporation, or entity to possess, store, offer for sale, sell at retail or wholesale, use, discharge, explode or permit the use of property or property under their control any fireworks except “safe and sane fireworks” as defined herein. All fireworks other than safe and sane fireworks shall be considered illegal fireworks.

B. Restrictions on the Use of “Safe and Sane” Fireworks”- Safe and Sane fireworks may be discharged within the City limits only on July 4th each year between the hours of 11:00 am and 10:30 pm. Safe and sane fireworks must be discharged in areas free of dry vegetation or other combustible materials and at least fifteen (15) feet from any structure. Smoldering remnants of fireworks must be soaked in water before being placed in trash collection containers.

C. Public Displays. The fire chief shall have the authority to grant permits for those activities enumerated in Section 12640 of the California Health and Safety Code, including supervised public displays of fireworks by a public agency.

5.40.060 PUBLIC NUISANCE
Packet Pg. 175 Attachment: City Code - Fireworks (2998 : Ordinance No. 2024-144 (Adoption) Amending Chapter 5 Fireworks) It is hereby declared to be a public nuisance for any person to discharge or provide to others for discharge, illegal fireworks within the City of Gonzales.

5.40.070 RESPONSE AND ADMINISTRATIVE COSTS
A. A person who has violated the provisions of this chapter may be liable for response and administrative costs incurred in responding to the illegal unpermitted possession, storage or discharge of fireworks and the transportation, storage and disposal of all confiscated fireworks.

B. If a person who has violated the provisions of this chapter is a minor, the responsible guardian(s) of the minor and the minor shall be jointly and severally liable for the response/administrative costs incurred pursuant to this chapter.

C. To incur liability for response/administrative costs imposed by this chapter, a person who violates the chapter need not be present at the events that causes the response giving rise to the imposition of response/administrative costs.

D. Response/administrative costs imposed by this chapter are in addition to any other costs that may be recovered under the code.

E. For purposes of this chapter, the term “response costs” shall mean those reasonable and necessary costs directly or indirectly incurred by the city for a response to the illegal unpermitted possession, storage or discharge of fireworks and the transportation, storage and disposal of all confiscated fireworks, including but not limited to responding to fires. Response costs shall include the cost of providing police, fire and/or emergency response services, including but not limited to salaries and benefits for the full amount of time spent responding to, remaining at, or otherwise dealing with circumstances attendant to a violation of this chapter, cost of any medical treatment to or from fire, law enforcement, or emergency personnel injured while responding to, remaining at, leaving or otherwise associated with a violation of this chapter, and cost to repair any city equipment or property damaged and the cost of use of such equipment in responding to, remaining at, leaving or otherwise associated with a violation of this chapter.

F. The city’s response costs shall be deemed a debt owed to the city and may be recovered by the city in a civil action. The city may also recover any attorney fees and costs incurred in the action if the city brings a civil action and prevails.

G. The city may impose a lien on property involved in a violation of this chapter in accordance with applicable law to collect any unpaid response costs assessed in accord with this chapter.

5.40.080 VIOLATION AND PENALTY
Violation of the provisions of this chapter shall be an infraction subject to the fines set forth in Chapter 1.16 of this Code.

5.40.090 REMEDIES NONEXCLUSIVE
Nothing in this chapter in any way limits any other remedy that may be available to the city, or any penalty that may be imposed by the city, county, state, or federal law enforcement for violations of this chapter.

Packet Pg. 176 Attachment: City Code - Fireworks (2998 : Ordinance No. 2024-144 (Adoption) Amending Chapter 5 Fireworks) City of Gonzales

CITY MANAGER DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: May 20, 2024
FROM: Carmen Gil, City Manager
SUBJECT: Consider Possible Funding Sources to Fund Unfuded Priorities

RECOMMENDATION
It is recommended that the City Council consider a potential Sales Tax Measure for the November Election, and if desired, direct staff to plan for its placement on the November 2024 ballot.

BACKGROUND
The City of Gonzales currently has a number of priorities that remain unfunded. Some of these priorities are currently being funded through the City’s General Fund, which is not sustainable; and although the City’s budget has remained balanced over the last few years, if we don’t identify other funding sources to maintain what the City currently offers, we will need to cut back on services. To prevent this, staff is working to cut costs and be more efficient; however, this is not enough. Therefore, staff is bringing forth the possibility of a Sales Tax for the Council to consider putting on the November 5, 2024 Election.

Some of the unfunded City priorities include:
• A Fully equipped Fire Department along with Personnel • Roads and Streets Improvements
• Robust Programming for People of All Ages
• Parks and Neighborhood Maintenance and Beautification • Other General Fund Needs

REVIEW AND ANALYSIS
The following revenue strategy has been identified:

AGENDA
ITEM
19 Packet Pg. 177

1. A ½ Cent Local Sales Tax:
• The City’s current sales tax is lower than most other cities, particularly those in the Central Coast region. Therefore, by increasing it a ½ cent the tax rate will still be comparable to most other local jurisdictions. The only other City that is currently at 1 cent is the City of King, which will also be pursing a ½ cent sales tax this November.

City Amount
Greenfield 1 ¾ cents
Atascadero 1 ½ cent
Carmel 1 ½ cent
Marina 1 ½ cent
Monterey 1 ½ cent
Salinas 1 ½ cent
Seaside 1 ½ cent
Soledad 1 ½ cent
King City 1 cent
Gonzales 1cent
• The majority of revenue generated by the Sales Tax will come from industrial park users and those coming off Highway 101 for gas and food, reducing the tax burden on local residents.
• Revenue will grow with City growth. It will also increase with inflation, which can help to address unanticipated increases in expenses over time.

Staff recommends the local sales tax measure be proposed as a general tax and not a special tax. This will mean the funds will not be restricted or earmarked for any specific use. It will become discretionary General Fund revenues for overall budget purposes. This is important to maintain flexibility, so it can potentially address other needs if economic or other circumstances change. Approval of a general tax will require a majority vote. A special tax would require a 2/3 vote.

Current Sales Tax Rate:

State of California 7.25%
Monterey County .50%
Gonzales 1.00%
Total 8.75%
Proposed Sales Tax Rate:

State of California 7.25%
Monterey County .50%
Gonzales 1.50%
Total 9.25%
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: It is imperative that the City of Gonzales captures its remaining ½ cent Sales Tax, otherwise another entity can come in and pass a tax that captures that remaining amount of our Packet Pg. 178
available sales tax for themselves, taking monies that could have been directed to the City and spreading them elsewhere. We cannot afford this as we have unmet needs that desperately need funding. This supports the City’s Vision as the additional funding will allow us to continue offering our community the services they need.

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

Explain: See explanation above.

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

Explain: This additional funding will allow the City to be able to maintain the services being provided while making some necessary upgrades and improvements to some of our dilapidated infrastructure.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes ___ No NA
• Housing Yes ___ No __NA
• Recreation X Yes ___ No __NA
• Environment X Yes ___ No __NA
• Education X Yes ___ No __NA

ALTERNATIVES
• The Council could direct staff to take no further action on this item. • The Council could direct staff to look at another Measure to bring in the much-needed revenue. • The Council could decide to put both a Sales Tax and a Parcel Tax on the November 2024 Ballot.

BUDGET IMPACT
If the Sales Tax is passed, the City can generate approximately $800,000 annually that can be used to fund unfunded City priorities.

CONCLUSION
It is recommended that the City Council consider a potential Sales Tax Measure for the November Election, and if desired, direct staff to plan for its placement on the November 2024 ballot.

Packet Pg. 179

MINUTES

JOINT MEETING OF THE

GONZALES CITY COUNCIL, SUCCESSOR AGENCY, AND

GONZALES PUBLIC FINANCING AUTHORITY
MONDAY, MAY 6, 2024
6:00 P.M.

CALL TO ORDER
The meeting was called to order at 6:00 PM by Mayor Jose L. Rios.

PLEDGE OF ALLEGIANCE
Mayor Pro Tem Funk led the flag salute.

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

STAFF PRESENT
City Manager Carmen Gil, City Attorney Michael F. Rodriquez, Finance Director Mike Howard, Community Development Director Taven Kinson Brown, Administrative Assistant II Esthela Palmerin, Administrative Assistant II Marisol Gomez, Public Works Director/City Engineer Patrick Dobbins, and Fire Chief Jason Muscio.

Successor Agency Item
 Financing Authority Item
*
Packet Pg. 180 Minutes Acceptance: Minutes of May 6, 2024 6:00 PM (CONSENT AGENDA)