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, AUGUST 19, 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. Consider Approval of, and Present Proclamation No. 2024-05 Proclaiming September 2024 as National Alcohol and Drug Addiction Recovery Month
3. GYC Summer Fellowship Capstone
4. Central Coast Community Energy Annual Report
BUSINESS FROM THE PUBLIC
5. 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.
6. Approve the Joint City Council and Successor Agency - Regular Meeting - August 5, 2024 Minutes
7. Approve City Accounts Payable Warrants #50599-50647
8. City Manager’s Report
9. Community Engagement & Recreation Departments Activity Report
10. Community Development Department Activity Report
11. Fire Department Activity Report
12. Police Department Activity Report
13. Public Works/City Engineer Department Activity Report
14. Consider Renewal of a Three-Year Lease Agreement Between the City of Gonzales and David Ramirez D.D.S. for the Property Located at 421 Center Street with the Option to Extend the Lease at a New Monthly Rate for an Additional Two-Year Term, Following Expiration of the Initial Term (August 31, 2027)
15. Consider Approval of Resolution No. 2024-53, A Resolution of the City Council of the City of Gonzales Amending the Adopted Conflict of Interest Code
REGULAR AGENDA
16. Vista Lucia Specific Plan Update
a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Receive update
17. Introduce, Waive Reading and Read by Title Only Ordinance No. 2024-146, Ordinance No. 2024- 146, An Ordinance of the City Council of the City of Gonzales Amending Chapter 3.16- Purchasing Procedures of Title 3- Revenue and Finance of the Gonzales City Code to Increase the Bidding Requirement Threshold for the Purchase of Supplies and Equipment From $5,000 to $50,000
a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Introduce, waive reading and read by title only Ordinance No. 2024-146
18. Consider Approval of the Top Two Projects Developed by the Safe Routes to School Steering Committee
a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Approve the top two projects (Pedestrian Safety Improvements at the Fifth Street/Rincon Road Intersection, and at the Fifth Street/US 101 Interchange), and direct staff to add the projects to the City’s Capital Improvement Program and engage a consultant for design services
*
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 Approval of Resolution No. 2024-54, A Resolution of the City Council of the City of Gonzales Adopting a Public Meeting Decorum Policy
a) Staff Report
b) Public Comment
c) Council Discussion
d) Council Action
Staff Recommended Action-Adopt Resolution No. 2024-54
GONZALES YOUTH COUNCIL UPDATES
20. Oral Communications
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.
I, Mary Villegas, Deputy City Clerk of the City of Gonzales, do hereby certify that a copy of the foregoing Joint City Council/Successor Agency Regular Meeting Agenda was posted at City Hall, Council Chambers, and on the City’s website by Thursday, August 15, 2024, at 5:00 p.m. 8/15/24
Mary Villegas Date
PROCLAMATION NO. 2024-05
WHEREAS, mental health and substance use disorders affect all communities nationwide, with commitment and support, those impacted can embark on a journey of improved health and overall wellness; and
WHEREAS the focus of National Recovery Month this September is to celebrate all people that make the journey of recovery possible; and
WHEREAS, the impact of mental health and substance use disorders is apparent in our local community, and an estimated 46 million people in United States aged 12 or older battled a substance use disorder in the past year: and
WHEREAS, through Recovery Month, people become more aware and able to recognize the signs of mental health and substance use disorders and encourages people in need of recovery services to seek help; and
WHEREAS, The Recovery Month observance continues to work to improve the lives of those affected by mental health and substance use disorders by raising awareness and educating communities about the effective services that are available; and WHEREAS, prevention of mental and substance use disorders works, treatment is effective, and people recover in our area and around the nation; and NOW, THEREFORE, for the above reasons, I am asking the citizens of the City of Gonzales to join me in celebrating this September as National Recovery Month. I, Mayor Jose Rios, on behalf of the Gonzales City Council do hereby proclaim the month of September 2024 as “NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH” throughout the City of Gonzales and call upon our community to observe this month with compelling programs and events that support this year’s observance, the 35th anniversary of Recovery Month by embracing the 2024 theme, “Recovery is For Everyone: Every Person, Every Family, Every Community.”
Jose L. Rios, The Honorable Mayor
August 19, 2024
Packet Pg. 4
Attachment: Proclamation No. 2024-05 (3073 : Proclamation No. 2024-05 Proclaming September 2024 as National Alcohol-Drug Addiction AGENDA
ITEM
2 Judith Young
Senior Account Manager, Member Agencies
August 19, 2024
CITY OF GONZALES
3CE Annual Presentation
Packet Pg. 5
Attachment: 3CE Annual Presentation (3064 : Central Coast Community Energy (3CE) AGENDA
ITEM
4 A PARTNERSHIP TO SUPPORT SHARED CUSTOMERS
Packet Pg. 6
Attachment: 3CE Annual Presentation (3064 : Central Coast Community Energy (3CE) 2023 YEAR IN REVIEW
Lower emissions
Cleaner more reliable grid
Community investment
Stable and responsible rates
Packet Pg. 7
Attachment: 3CE Annual Presentation (3064 : Central Coast Community Energy (3CE) 3CE PRIORITIZES INNOVATION
–One of California’s first solar + storage projects
–The state’s first new geothermal project in three decades –The largest compressed air battery storage in the world Packet Pg. 8
Attachment: 3CE Annual Presentation (3064 : Central Coast Community Energy (3CE) ADDITIONALITY – THE KEY TO OUR
PROCUREMENT STRATEGY
Investing in a diverse portfolio of renewables coupled with innovative energy storage capacity
Packet Pg. 9
Attachment: 3CE Annual Presentation (3064 : Central Coast Community Energy (3CE)
CALIFORNIA BREAKS RENEWABLE ENERGY
RECORDS
It’s working!
Packet Pg. 10
Attachment: 3CE Annual Presentation (3064 : Central Coast Community Energy (3CE) 3CE DELIVERS POWER FOR GOOD −Affordable Rates −Project Selection Criteria −Rebates & Incentives Packet Pg. 11
Attachment: 3CE Annual Presentation (3064 : Central Coast Community Energy (3CE) Ag Electrification Program − $700,000 for 30 projects in 2023 − 28% irrigation and harvest equip., portable power
− 32% tractors and forklifts − 40% utility vehicles
GROWING SUSTAINABLE AGRICULTURE
Packet Pg. 12
Attachment: 3CE Annual Presentation (3064 : Central Coast Community Energy (3CE)
INVESTING IN YOUR COMMUNITY
Residential, Commercial, & Agriculture Rebates Available Agriculture
Electrification
Program
-
$75,000
Electrify Your Home
$17,385
$2,500 per unit
Concierge
-
$24,000
New Construction
Electrification
$5,000
$250,000
Electric Bus
-
$200,000
$1000-4000
$150,000
Electrify Your Ride
Residential
Commerical & Ag
Packet Pg. 13
Attachment: 3CE Annual Presentation (3064 : Central Coast Community Energy (3CE)
INVESTING IN YOUR COMMUNITY
Total Investment $97,226
$21,665
Electrify Your Ride
Agriculture
Electrification
$65,561
Central Coast
Incentive Project
$10,000
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Attachment: 3CE Annual Presentation (3064 : Central Coast Community Energy (3CE) INVESTING IN YOUR CITY’S ENERGY TRANSITION
Member Agency Programs:
Plan Your Fleet
Electrify Your Fleet
Charge Your Fleet
Packet Pg. 15
Attachment: 3CE Annual Presentation (3064 : Central Coast Community Energy (3CE) INVESTING IN YOUR CITY’S ENERGY TRANSITION
– Reach Code Program
– Charging Stations/Charge-ready
– Member Agency
Communications
Packet Pg. 16
Attachment: 3CE Annual Presentation (3064 : Central Coast Community Energy (3CE) Thank You
13 3CE.org [email protected]
877-455-2223
Senior Account Manager (805) 693-2000
Judith Young [email protected]
Packet Pg. 17
Attachment: 3CE Annual Presentation (3064 : Central Coast Community Energy (3CE)
MINUTES
JOINT MEETING OF THE
GONZALES CITY COUNCIL AND
GONZALES SUCCESSOR AGENCY
MONDAY, AUGUST 5, 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
The flag salute was recited by all present.
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 Member Present
Lorraine Worthy Council/Agency Member Present
Maria Orozco Council/Agency Member Present
STAFF PRESENT
City Manager Carmen Gil, City Attorney Michael F. Rodriquez, Community Development Director Taven Kinson Brown, Finance Director Mike Howard, Executive Assistant to the City Manager/Deputy City Clerk Mary Villegas, Administrative Assistant II Marisol Gomez, Fire Chief Jason Muscio, and Police Chief Keith Wise.
* Successor Agency Item
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Minutes Acceptance: Minutes of Aug 5, 2024 6:00 PM (CONSENT AGENDA) AGENDA
ITEM
6
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].
City Attorney Rodriquez informed the Council, before proceeding with the meeting, that staff received information this afternoon that there were some problems with accessing the agenda that was posted on the website. He mentioned that the Deputy City Clerk went online and didn't have any trouble accessing the agenda, and was actually able to help somebody who was on the phone to access the agenda. He said there had been an allegation made that somehow the posting was not properly made on Friday afternoon.
He indicated that he spoke to the Deputy City Clerk who has been the Deputy City Clerk for a long time, and she said she followed the usual process for posting the agenda, as well as did all the posting measures that we always go through, which was posting in several locations in the City and emailing it out to those individuals who are on the list of people who receive the agenda. He clarified that this wasn't a case where we didn't post the agenda as far as we're concerned, or that we didn't take any corrective actions when we checked it today since the agenda was successful. He added that Mr. Barbara said he tried to access it on Saturday and was unable to download it. He mentioned that the Council had a choice if they want to, we can proceed. He added that as long as there had been substantial compliance with the requirements in the Brown Act, the fact that there was a technological problem that kept it from being posted on the website was not in and of itself the basis for not moving forward the meeting or challenging actions that were taken at the meeting. He said in this case, our assertion would be that it was on the website, and it was accessible but for whatever reason folks were having trouble over the weekend. He concluded we could either move forward with the meeting or we could cancel the meeting, reschedule for a date probably tomorrow at a later time, because it was too late to post for our regular six o'clock time, but we could post for a seven o'clock special meeting to consider the matters that are on the agenda and take up all the other business.
Mayor Rios mentioned that since it was posted on the door here in the chambers and at City Hall, we met the order of the law. He asked the rest of the Council Members for their thoughts.
The rest of the Council Members concurred with the Mayor.
Council Member Silva agreed and mentioned she received the packet around Friday afternoon and when she gets it, she assumes it gets posted as it should be.
City Attorney Rodriquez added that in theory somebody could file an action against the City and say we shouldn't move forward with the meeting because of the fact that there were complaints about it, but we didn't receive any complaints. The only thing that we received was a call this afternoon and we were able to access the agenda, and we definitely do have a record of the fact that we posted it on places that we normally do in compliance with the law, and reiterated that we also sent it out to folks. He said as long as we're all fine that we want to proceed with the meeting this evening, that was fine.
Mayor Pro Tem Funk thought as long as we have legal precedents that we can proceed, and if there was concern we should proceed with caution and move to tomorrow, but we do have legal precedents to move forward and we’re fine.
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Minutes Acceptance: Minutes of Aug 5, 2024 6:00 PM (CONSENT AGENDA)
Mayor Rios informed there was concurrence from the Council to move ahead with this agenda and if someone wanted to voice their opinion, they were free to do so.
BUSINESS FROM THE PUBLIC
2. Business from the Public not on the Agenda; any member of the Public may address the Council for a period not to exceed three minutes on any subject not on the Agenda. The Council will listen to all communications, but may take no action.
Henry Martinez Jr. commented about the concerns he brought up at the last meeting and also hearing Ms. Orozco who didn't want to hear or listen to any of his concerns. He thought that was a problem.
Mayor Rios asked him if that was a privately conversation because he never heard Ms. Orozco say anything on the dais.
Henry Martinez Sr. commented about being against military equipment because they didn't trust the police; asked why they don't buy non-lethal equipment; and not receiving a call yet regarding his citizen’s arrest request from the 4th of July.
Henry Martinez III, commented about representing the football team and hoped the City could get them equipment; incident about coughing up blood while playing football today and the time he fainted in Paso Robles; and helping and saving people. He wanted a new Chief, a new Corporal and a new Sergeant.
Roman Barba thanked the City for cleaning in front of the post office and hoped they tear down that tree to avoid the same problem. He commented about a water leak on Belden Street; a dead tree by the water tank; and potholes on Fifth Street.
May Martinez, via zoom, commented about moving away due to her pregnancy and the drama happening with her family; visiting Gonzales on the 4th of July and being told by one of the officers they could arrest her because they caught her lighting up illegal fireworks; receiving a citation by an officer she has a case against; seeing a dog always on the street.
CONSENT AGENDA
3. Approve the Joint City Council and Successor Agency - Regular Meeting - July 22, 2024 Minutes
4. Approve City Accounts Payable Warrants #50536-50598
Council Member Silva asked about the warrant for the SPCA which she believed was too high for one month.
Police Chief Wise responded that every animal that was taken there, either by the Police Department Animal Control or public resident, it cost around $200 per animal. He said that particular month we had some residents take litters of kittens, so it adds up really quickly, and the prices also went up.
Council Member Silva asked for clarification if that was not a monthly fee for that particular month. She also asked about what we could do as a community to educate the public that these costs come out of the City treasury and we can't charge the animal owner. *
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Minutes Acceptance: Minutes of Aug 5, 2024 6:00 PM (CONSENT AGENDA)
Police Chief Wise responded yes, and the ironic part about that was that every time motorists traveled down 101 and see an animal in Gonzales, they take it and Gonzales gets billed for it because that's how the contract is written. He said what people can do is get animals chipped so we can return them when we locate them, and it would be great for the animal owners to be more responsible and take care of their animals. He said the department has also asked the SPCA to check IDs to prove people live in Gonzales when they say they live here, but we don't know if they actually do that. He added we've explored the County Animal Shelter as well and it was the same problem. They are also talking about a possible South County location but that was not going to reduce the prices anyways.
City Manager Gil added staff was meeting with the other Cities and see what they can do because they also have the same issue and it has been frustrating about the prices, and they've been told several times that was the price. And even if the County opened a shelter, which they were considering doing, the price would probably stay similar to the SPCA's. She said the biggest issue was that we were not taking a lot of animals in, but it was everybody else dropping them off and being billed to Gonzales.
RESULT: APPROVED [UNANIMOUS]
MOVER: Liz Silva, Council Member
SECONDER: Lorraine Worthy, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco
REGULAR AGENDA
5. Consider Approval of Resolution No. 2024-52, A Resolution of the City Council of the City of Gonzales Submitting to the Voters at the General Municipal Election to be Consolidated with the Statewide General Election Held on Tuesday, November 5, 2024, A Measure Increasing the City’s Transactions and Use Tax by One-Half Percent (0.5%) with the Use of the Tax Revenue to be Subject to Annual Audits by an Independent Auditor and a Citizen’s Oversight Committee Staff Report: City Manager Gil presented the staff report. She presented the state of Gonzales consisting of the City being awarded the RWJF Culture of Health Price and All-America City Awards, signature projects for FY 2024-2024, current staff operations, current conditions, operating budget, unfunded priorities, operating costs, what a proposed sales tax would do, and comparison to other cities.
City Attorney Rodriquez informed the Council that they had on the dais documents that staff made a couple of minor changes to the resolution and ordinance. He said it was the reference to the entity responsible for the collection and administration of taxes, the California Department of Tax and Fee Administration, and also just to make it clear that this was considered to be a stand alone tax, so this will have a separate oversight committee and have a separate audit done. Unlike Measure X, which is set to expire in 2044, this does not have an expiration date. It would expire when the community decided they wanted to place it back on the agenda.
Public Comment: Henry Martinez Jr. commented he didn't like anymore taxes because our streets were a mess; shipping orders to his Salinas address instead of Gonzales because the post office didn't deliver to some parts of towns. He said until that got fixed and saw a personal return on the City, he won't have anything delivered here. He felt the other side of town was paying less than anyone else.
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Minutes Acceptance: Minutes of Aug 5, 2024 6:00 PM (CONSENT AGENDA)
Roman Barba said he was in support of the tax rate because he knows we need the money. He suggested using some of that money to fix the skate park, and get together with the school district to support the City on this. He also commented about lifted sidewalks by Fanoe Road, and he saw the City needed this money so he was totally for it, and will push his family members to vote yes on this.
Henry Martinez Sr. commented about the police not needing assault rifles because we were a safe community and believed that was a waste of money. He elaborated on a past incident about the Valdez family.
City Attorney Rodriquez reiterated that the resolution before the Council this evening was not approving the tax. He said this was actually placing the tax on the ballot for the voters to decide, which was the beauty of the action that people's opinions could be expressed at the ballot box.
RESULT: APPROVED [UNANIMOUS]
MOVER: Lorraine Worthy, Council Member
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco
6. Fourth of July Update
Staff Report: City Manager Gil, Police Chief Wise, and Fire Chief Muscio presented the staff report via powerpoint presentation, which included the actions taken prior to 4th of July, activation of first responders, drone and mass deployment, illegal fireworks citations for the last 4 years, police calls for service by hour, successes and work that still needs to be done.
Public Comment: Henry Martinez Jr. commented he will pay for the fines the two kids from his neighborhood received; the numbers on the newspaper logs being different than the ones presented tonight; having 24 officers in front of his house; and people on that side of town giving the green light where the cops were. He said he will gladly pay those two fines and the rest of them that are across town to prove a point to the police they're going to celebrate the 4th of July no matter what, and he will also have fun taking the district attorney challenge.
Henry Martinez Sr. commented about teaching the officers to be professional and elaborated on the incident on the 4th of July where he got hit with a flashlight. He said he will have fun at the court with the ticket he got and the officer better be there.
His three minutes were up, and Mr. Martinez continued talking and saying he didn't care and to go ahead and arrest him, and said he wanted the Police Chief to touch him. He continued saying the ticket on Tenth Street was filmed outside of that Street.
Mayor Rios thanked him and told him his speaking time was up.
Mr. Martinez got upset and yelled he didn't care and they could yell at him whatever they wanted.
He started approaching the Chief yelling he was guilty of not being there and should have been there on the 4th of July. He interrupted the Mayor saying he didn't care and started yelling "come on arrest me" while approaching the Chief, and his grandson pulled him back.
Roman Barba commented about his neighbors not blowing any fireworks; his cameras catching a person lighting illegal fireworks next to his young son; suggested having officers next year wear regular clothes instead of uniforms, and having goals for next year regarding citations so people can watch it next time.
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Minutes Acceptance: Minutes of Aug 5, 2024 6:00 PM (CONSENT AGENDA)
City Manager Gil mentioned that she asked one of the committee members to share about how the safe and sane sales went.
Larry Rodriguez, Fireworks Committee Member, sent kudos to the committee members for having productive meetings. He said the Spartan 300 Club was a non-profit organization and during the seven days, they generated about $48,000 in sales. He thanked the community that supported them and because of that they will be able to help the scholarship program, child in need program, and the rest of the programs they offer.
Council Member Worthy asked if he knew about Coach Ramirez group sales being down a bit.
Mr. Rodriguez responded he heard about it but they had a different company than the one they used but he didn't know how they did.
Council Member Silva asked what the percentage was that went back to the Spartan 300 Club.
Mr. Rodriguez responded it was 50%.
City Manager Gil told the Council the complaints brought up earlier were being followed up on and reviewed, and there will be a response to the folks who made the complaints.
City Manager Gil concluded this was an informational item and there was no action required.
BUSINESS FROM CITY COUNCIL
7. City Council Board/Committee Reports
a. Transportation Agency for Monterey County
No report. Council Member Silva announced a meeting on Wednesday night at Pessagno Winery regarding the bridge at River Road, and she'll be attending that meeting. b. Mayor Selection Committee
No report.
c. Salinas Valley Recycles
Council Member Silva announced the next meeting on August 15th, and the Annual Employee Appreciation Dinner the following evening in Salinas.
8. Oral Communications
Council Member Orozco thanked Public Works staff for getting the re-striping, streets, signage ready for back to school, which starts on Thursday. She also thanked staff for the senior programs that are being programmed since there was a good response from people attending those programs.
She announced the Rotary Annual Golf Tournament this Saturday, and all the proceeds and funds raised will go for scholarships for our students.
Council Member Silva commented about the follow up call she received regarding the last Council meeting when the Salinas Valley Healthcare system CEO was here and had a great conversation and shared some of that with City Manager Gil. She was happy to collaborate with Blue Zones and Salinas Valley Healthcare and was able to give them a little history of our medical facility and how City Hall was the medical facility when she was a little girl. She asked if anyone had anything, to share it with her so she can convey that information back to them. She reminded everyone about the Monterey County Fair from August 29th- September 2nd.
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Minutes Acceptance: Minutes of Aug 5, 2024 6:00 PM (CONSENT AGENDA)
Council Member Worthy thanked the GYC Members whom she met with Friday along with Council Member Silva, and was very excited about what they're going to do this year. She encouraged all of the Council members to develop more of a relationship with the GYC. On another note, she was walking her dog and took multiple photographs of the dog poop she found in town. She felt this was becoming very bad and shared with the City Manager about trying to put different little kiosks all through town where people maybe will pick it up as they go along with their dogs. She said our community had a problem, and we all have to work together to try to clean it up. She thought also about maybe putting little notices or signs up saying to clean up after your dog. She asked everyone to talk to their neighbors about this because it was filthy out there and she may be encouraging people to bring bags with them because it was a representation of our community. She also said she agreed with Mr. Barba when he brought up concerns but was not the fault of our Public Works staff since they were stretched thin. She concluded it was up to all of us as a community to work together and try to clean this up because it had gotten worse.
City Manager Gil informed that she was waiting for the new fiscal year to get some signs as there was a little bit of money for beautification.
Mayor Rios said he had asked before but now he wanted a timeline of when it will get done. He talked about Fifth Street signage to not allow semis on Fifth Street since this street was already beat up enough, and the Chief couldn't ticket them until Public Works put up the signs. He wanted a specific date when that will get done because he had asked about it and seemed to fall on deaf ears. The other thing was the dead trees that we've had Mr. Barba complain about and noticed in one of the last warrants that we actually paid an arborist to come and tell us why they die. He asked for the reason it took so long to take them out, and felt those were simple little complaints that he heard on regular basis. He asked why Public Works couldn't pick up those dead trees if they were busy picking up branches. He asked for a specific time when those will be done also. He asked the Chief about the other complaint he got frequently regarding abandoned or non-operable cars. He said folks were taking their car from the front and park them in their driveway and then they don't move them. He asked what would take to clean up the town. He suggested adding this role to the dog catcher to cite all those parked cars that had been there for literally years. He asked for some specifics and challenged staff to give him an idea of what they could do as a community to clean up all those useless vehicles. He also had a couple of calls about mobile homes that were sitting on the front yards.
Council Member Orozco said she had also received complaints about pods being in driveways, which was an ongoing problem.
Police Chief Wise responded on the vehicles issue they were being enforced and staff provided statistics in the Police Department activity report monthly on AVA progress, citations issued, and vehicles were being self-abated by owners. He said we belong to the Monterey County Vehicle Abatement Authority, where we receive money back from AVA. So we're very robust and we cleaned up majority of City streets. He mentioned they focused on that because it created more of an issue with street sweeping, garbage pickup, etc., and we have now moved on to private property, which was a little bit different procedure and process to follow. Letters have to be generated and time periods that we have to wait before we could actually tow the vehicle away.
The majority of the time they're self-abated by the property owner after they received the letters, so it wouldn't go down as a stat for vehicles towed and they won't see that in the report. But he assured him they were being followed up on, and as far as the Animal Control/Community Services Officer go, that is a collateral duty responsibility of theirs so that was also been handled.
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Minutes Acceptance: Minutes of Aug 5, 2024 6:00 PM (CONSENT AGENDA)
Mayor Rios wanted to personally see a report with what vehicles in a specific area were cited that way he can go back to the public and tell them he’s heard their comments.
BUSINESS FROM CITY MANAGER
9. Oral Communications
City Manager Gil mentioned there was a question on the construction site, and now that the school was opening back up, there will be additional traffic. She informed everyone that the sidewalk along the front of the Community Center site will be closed off to prevent people from any falls.
She said there was also a question about putting another sidewalk on one of the corners of Rincon and Fifth Streets, but unfortunately, we can't do that because we can't put crosswalks in an uncontrolled intersection as it creates another hazard. She asked people to give themselves some more time as school starts and said construction will try to prevent working on high peak times and will be doing the traffic control in front of the site. She announced the Ventura Circus was planning to come to town and open August 15th- 19th, which was a different circus than what we've had the last three years.
Police Chief Wise announced the National Night Out tomorrow from 6:00pm - 8:00pm.
CLOSED SESSION
Any member of the public may address the Council on a closed session item appearing on the agenda.
Speakers shall have a limited time of three (3) minutes. Please be brief and to the point.
There was none.
10. The City Council will recess to closed session to consider personnel matters pursuant to Government Code Section 54957(B)(1) - City Manager Evaluation.
Council conducted the City Manager evaluation. No other reportable action.
ADJOURNMENT
RESULT: APPROVED [UNANIMOUS]
MOVER: Jose L. Rios, Mayor
SECONDER: Lorraine Worthy, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco The meeting was adjourned at 8:30 PM.
ATTEST:
Mary Villegas, Deputy City Clerk
Packet Pg. 25
Minutes Acceptance: Minutes of Aug 5, 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: 2:53 pm
Date: 08/05/2024
Void/Stop
Date
Reconcile
Date
RABOBANK Checks
ALVAREZ TECHNOLOGY 1,720.70
GROUP INC.
50599 08/02/24 Printed 2180 Computer Lease 003-1366408-000 50600 08/02/24 Printed 3326 HDL COREN & CONE July - Sept 2024 Property Tax Admin 1,291.97 MONTEREY COUNTY 26,808.00
EMERGENCY
50601 08/02/24 Printed 470 Quarter 1 - 2024-25
50602 08/02/24 Printed 4356 PETER AGUILAR JR. Gonzales Adult Co-ed Softball Umpire 560.00 50603 08/02/24 Printed 2 ALL - SAFE ALARMS Monthly Monitoring 460.00 ALVAREZ TECHNOLOGY 2,857.50
GROUP, INC.
50604 08/02/24 Printed 3893 IT Service on PD Toughbook
50605 08/02/24 Printed 137 AMERICAN SUPPLY CO. Janitorial Supply 1,138.29 50606 08/02/24 Printed 911 ANDREWS BLUEPRINT INC I W System Plan Sets 140.41 50607 08/02/24 Printed 3033 ASAP SIGNS & PRINTING GUC Name Plates 40.90 ASBURY ENVIRONMENTAL 100.00
SERVICES
50608 08/02/24 Printed 270 Used Oil
50609 08/02/24 Printed 4117 AT&T Phone Service 399.00
AUTO CENTER IMPORTED 274.47
CARS
50610 08/02/24 Printed 4133 Cont Assy
50611 08/02/24 Printed 4220 RAY-ANTHONY BLANCO 2024 Youth Flag Football Referee Pmt 140.00 BLUE STRIKE 304.13
ENVIRONMENTAL
50612 08/02/24 Printed 4459 Food Recovery Inspections
50613 08/02/24 Printed 1442 BOUND TREE MEDICAL LLC Medical Supply 1,209.98 CAL COAST AUTOMOTIVE 500.00
REPAIR &
50614 08/02/24 Printed 3831 Maint. & Repairs
50615 08/02/24 Printed 770 CARLOS ALBERTO ESQUIVEL Janitorial Services. Vosti Rec Center 500.00 50616 08/02/24 Printed 4062 COUNTY OF MARIN CAL-SLA Street Light Assoc 630.00 50617 08/02/24 Printed 1821 CSK AUTO, INC. Supplies 165.53 50618 08/02/24 Printed 3028 D & J TIRE SERVICE Front End Alignment 701.50 FIRST-CITIZENS BANK & 309.86
TRUST CO
50619 08/02/24 Printed 4447 Maintenance
50620 08/02/24 Printed 4460 JASMIN GARCIA PC 832 Arrest and Control Training 444.00 50621 08/02/24 Void 08/02/24 Void Check 0.00
GONZALES ACE HARDWARE 567.65
INC.
50622 08/02/24 Printed 3274 Push Thr Adptr
50623 08/02/24 Printed 289 GRANITE ROCK COMPANY Cold Mix 3,366.00 50624 08/02/24 Printed 4071 GREAT AMERICA FINANCIAL Copier Lease #017-1641260-001 2,490.91 GREEN VALLEY FARM 122.90
SUPPLY
50625 08/02/24 Printed 1319 Gloves
HILL BROTHERS CHEMICAL 4,783.25
CO
50626 08/02/24 Printed 4120 Bleach
50627 08/02/24 Printed 3485 INFOSEND, INC. July Utility Bills & CM Report 2,672.35 50628 08/02/24 Printed 204 LN CURTIS & SONS New PPF for Firefighters 10,403.03 50629 08/02/24 Void 08/02/24 Void Check 0.00
50630 08/02/24 Printed 72 MISSION UNIFORM SERVICE Fire Uniforms 2,047.05 50631 08/02/24 Printed 3787 NEW SV MEDIA Legal Notices 780.45 50632 08/02/24 Printed 91 P. G. & E. Utilities - #4182535966-8 5,913.30 50633 08/02/24 Printed 3885 PACHECO WATER STORE CDBG Small Business Loan 81,863.02 50634 08/02/24 Printed 1532 PACIFIC TRUCK PARTS, INC Supplies 165.94 50635 08/02/24 Printed 4092 RAZZO LINK, INC. Internet - #64938 281.23 50636 08/02/24 Printed 2449 SMITH & ENRIGHT Cypress Tree Spider Mite Treatment. 10,409.25 50637 08/02/24 Printed 2673 SPECTRUM Internet #170000701 1,199.00 50638 08/02/24 Printed 3670 T-MOBILE Service - #963044810 986.35 50639 08/02/24 Printed 27 TRI - CITIES DISPOSAL Trash Services - July 70,652.25 50640 08/02/24 Printed 3718 TRINI'S PLUMBING Work done on Trailer Behind Fire Dept. 1,750.00 50641 08/02/24 Printed 3287 TIFFANY TWISSELMANN Tri-State Seminar 8/5 - 8/9 - Travel 364.90 50642 08/02/24 Printed 3410 ULINE, INC. Cleaning/Health Supplies 232.28 UNDERGROUND SERVICE 300.00
ALERT OF
50643 08/02/24 Printed 3347 Membership
50644 08/02/24 Printed 103 USA BLUE BOOK Float Switch 2,702.95 50645 08/02/24 Printed 4461 MIREYA VILLANUEVA Utility Bill Overpayment 162.24 50646 08/02/24 Printed 99 VOSTI'S, INC. Tensioner 3,871.19 WEST VALLEY 12,515.36
CONSTRUCTION CO
50647 08/02/24 Printed 476 Replace 3" Valve
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Attachment: Warrants #50599-50647 (3075 : Approve City Accounts Payable Warrants # 50599-50647) AGENDA
ITEM
7 City Of Gonzales
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
RABOBANK Page: 2
Time: 2:53 pm
Date: 08/05/2024
Void/Stop
Date
Reconcile
Date
Total Checks: 49 Checks Total (excluding void checks): 261,299.09 Total Payments: 49 Bank Total (excluding void checks): 261,299.09 Total Payments: 49 Grand Total (excluding void checks): 261,299.09 Packet Pg. 27
Attachment: Warrants #50599-50647 (3075 : Approve City Accounts Payable Warrants # 50599-50647) We kicked off July with the Independence festivities. Gonzales Rotary did a great job at planning the 5K, the Parade, and the Celebration at Central Park. The City team and our first responders also worked hard to put a plan in place to keep the community safe. A special thanks to the folks who volunteered for the Council Appointed Firework Committee: Larry Rodriguez, Eddy Ramirez, Ruben Zurita, James Perry, and Cesar Ayon. The Committee met leading up to the Fourth of July to strategize ways to keep the community safe and to address the illegal fireworks issue.
We THANK EVERYONE who adhered to the law and did not utilize illegal fireworks. Since the Fourth of July, citations have continued to be issued for illegal fireworks. Please refrain from using them.
Dennis and Janice Caprara Community Center Complex
Construction is underway on the Center. Please adhere to safety measures out there as traffic is being impacted in front of the construction site. The sidewalk is now closed and a hazard. Make sure to follow the signs and use the sidewalk across the street and cross at the designated sidewalks for your safety. To view the daily progress of the Center, visit the link below anytime. https://share.earthcam.net/GonzalesCommunityCenter.
Economic Development and Revenue Generation
• The City Council is considering putting a Sales Tax Measure on the November Ballot. The Measure would help generate funding for unfunded programs and services like Fire, youth and adult programming, road and street maintenance, and repairs and City parks. If approved by the Council on August 5th, the new sales tax would sit in line with the rest of the local cities at
9.25%, an increase from 8.75%. City of King and the County have also decided to put similar tax measures on the ballot for their unfunded projects. For more information on the Sales Tax Measure, visit the City website.
Housing
• The Visita Lucia Housing project is moving along smoothly. This project, if approved, will bring much-needed housing to our community. Housing is set to be of all different levels of affordability and the project will also add schools, parks, green open spaces, and a Fire Substation to the north-east side of town off Fanoe Road. • A Financial Literacy Workshop was held on
July 13th, in partnership with United Way, to
begin preparing the community for the
potential new housing. Fifty people showed
up to learn what they could do to prepare and
learn how to get their finances in order. The
City will work to coordinate similar
opportunities in the future.
City of Gonzales
City Manager Report
July 2024
Packet Pg. 28
Attachment: City Manager Report July 2024 (3077 : City Manager's Report - July 2024) AGENDA
ITEM
8 • CHISPA is engaged in the 498 S. Alta Street property and working on a housing project to propose to the City.
Community Engagement
• National Night Out is Planned for August 6th.
• Gonzales Youth Council is currently accepting
applications. You can retrieve the application through the QR code.
• Community Action Grants Program applications are
currently open. If you have an idea that you would like funding for that helps to improve the community, Apply
Now! You can get up to $5,000 for your project. Scan the code below to retrieve the application.
Save the Date for the upcoming events:
Packet Pg. 29
Attachment: City Manager Report July 2024 (3077 : City Manager's Report - July 2024) City of Gonzales
CITY MANAGER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: August 19, 2024
FROM: Carmen Gil, City Manager
SUBJECT: Community Engagement & Recreation Departments Activity Report Current Activities
City Sports League
• Gonzales Youth Flag football season was a success. We had a total of 84 participants. Our last games were on Friday July 25 and 26th. Each player received a medal and certificate at the end of their last game. Each team also had a recipient who received the Sportsmanship award.
AGENDA
ITEM
9 Packet Pg. 30
• Adult co-ed softball season came to an end with our last regular season games on July 24th. Our four teams that qualified to compete in the Championship were Outkast and Sandlot Ballers for the lower bracket and Bad News Beer and Balls Deep for the higher bracket. We were only able to have one Championship game this season. Sandlot Ballers from the lower bracket was unable to make the game, thus causing an automatic win for Outkast. Our higher bracket division played their championship game on Wednesday, July 31st. It was a good game. Balls Deep came out victorious with a 14 to 5 win over Bad News Beers.
• Summer Tiny Tots Sports program was a lot of fun. This was the first year the program was introduced. We started with Soccer on July 1st. We had a total of 6 registered participants. Tiny Tots Soccer ended on July 11th. Lastly, we finished with Mini T-Ball. Mini T-ball started on July 11th and went on until July 25th. We had 6 participants for this sport. We had a lot of fun with mini t-ball. The players were taught how to throw the ball, hit the ball off a tee and learned which direction to run on the field while touching each base. For our last practice we invited the Summer Wonder Camp Class to participate with us and play a little game. We had a wonderful time. At the end of the practice each participant, including the Wonder Camp class, received a medal. The medal was a little reminder and token of all their hard work. Overall, Tiny Tots Summer Sports Program was a positive, enjoyable program. Participants learned a lot. They were so engaged. A favorite part of the class was that at the end each of the kiddos insisted on helping to clean up. They were such wonderful helpers. Can’t wait until next summer. • Gonzales youth soccer league registration is going very well. We have a total of 46 registered participants so far and 4 coaches. Registration ends August 25th. The season will start at the end of August with skills assessments on August 27th. Games are scheduled to start September 13th and 14th.
Packet Pg. 31
Recreation/Community Engagement
• We have been working with our partners at the Blue Zones Project, CADRE, Wings of Knowledge Save the Whales, and the Resource Conservation District of Monterey County to continue creating a plan to engage the community in the Community Garden and to ensure that the space is being maintained.
• Wings of Knowledge was able to install an irrigation system in the 3rd garden box and committed to paying an intern that would be able to help with the maintenance at the Community Garden on a weekly basis.
• The Resource Conservation District of Monterey County and CADRE will be leading pollinator garden work on 8/16 and 8/23.
• We kicked off the Healthy Brain Workshop Classes in July, a partnership with the Monterey County Health Department and Alliance on Aging. The classes will consist of ballroom dancing, cooking, and art. We helped promote the classes during the Senior SoCo held on July 25th Aquatics
• The Gonzales Community Pool kicked off Movie Nights at the Pool on July 13th and it was a success! We hope to continue hosting Saturday Movie Nights for the month of August as well. • The Gonzales Community Pool will be transitioning to their back-to-school schedule starting on August 5th.
• Junior Lifeguards ended on July 29th with a small pizza party celebration! We are excited to host them again next year, with hopes of having them eventually qualify to become Lifeguards! Gonzales Youth Council
• The Gonzal Youth Council Commissioners, Valeria Cardenas and Emily Mendez embarked on their 3-week fellowship with the City of Gonzales on July 15. The 2 students had the opportunity to meet with different City Departments, and leaders, some of which included: the Mayor, Council Members, Public Works, Building & Community Development, City Manager, Police and Fire Staff. They also were able to get a better understanding of city government and discuss their potential ideas for the 2024-25 school year.
• Valeria and Emily also had the opportunity to participate in 2 site tours at the Community Center Site, both tours were hosted by Ani Bacilio-Olivera Intern from Otto Construction and Luis Flores Project Manager at Harris and Associates.
Packet Pg. 32
• The GYC Commissioners also met with the Greenfield Youth Commissioners at the Greenfield City Hall where they debriefed the joint Youth Summit that took place in May. They also exchanged ideas about potential collaborations and issues they saw in their own communities in which they would like to advocate for change.
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City of Gonzales
COMMUNITY DEVELOPMENT DEPARTMENT
ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: August 19, 2024
FROM: Taven Kinison Brown, Community Development Director THROUGH: Carmen Gil, City Manager
SUBJECT: Community Development Department Activity Report - July 2024
ECONOMIC DEVELOPMENT
Freeway Sign. The Sign Design Committee will meet on Wednesday, August 14, 2024, to discuss the aesthetic fit of the sign into the Gonzales landscape and a recommendation will be made to the City Planning Commission.
The Planning Commission will then consider a conditional use permit for the sign on Monday, August 26, 2024. Following the Planning Commission’s actions, the City Council will consider an extendable 25- year lease of public property to maintain the freeway oriented electronic billboard sign adjacent to Hwy 101 on the west side, in the visual context of the vineyard grapes and Constellation Brands winery.
AGENDA
ITEM
10 Packet Pg. 34
Rianda Family Partnership, Agricultural Cooler on Gloria Road – New 45-acre Annexation to the City.
Christine Kemp, representing the Rianda Family Partnership, reported on Monday, August 12, 2024, that they expect to record the Ag Land Trust Easement this week by Friday, August 16, 2024. LAFCo staff have responded and reported that they will be able to record and effectuate the annexation once the recorded conservation easement is available. These activities will occur in August, prior to the one-year conditional LAFCo permit expiring in September 2024. (Images below.) Packet Pg. 35
Monterey County Business Council, South County Round Table. Staff continues to meet and collaborate once a month with our fellow cities of the Salinas Valley for opportunities to expand and support commercial services, industries, and to further the creation of new housing.
Community Development Block Grant (CDBG) and HOME Partnership Investment Act (HOME Entitlement Qualification Process. In 2025, the Monterey County Board of Supervisors will consider adopting a new Consolidated Plan for the Urban County. The City of Gonzales has been invited to work with the County on drafting the Consolidated Plan and developing a funding allocation plan. The City of Gonzales is opting to continue with the County as a Participating Jurisdiction (PD) and CDBG Urban County. Over the next 3 years, the County expects to divide $6 million in CDBG Funding and $3 million in HOME Funding. The City of Gonzales will be at the table.
HOUSING
Vista Lucia Specific Plan. City staff is advancing the Development Agreement, Affordable Housing Agreement, draft staff report, and the Condition Compliance and Mitigation Monitoring and Reporting Program. A copy of the EIR is available on the City of Gonzales website (https://gonzalesca.gov/services/community-development/development-activity-projects) under the Vista Lucia Project section. An update on the VLSP will be presented separately at this meeting.
Staff met with the Farmworker Housing Study Oversight Committee, sponsored by the Monterey Bay Economic Partnership and Hosted by the United Way on Monday, August 5, 2024. The Committee continued its commitment to follow the 2018 Salinas and Pajaro Valley Farmworker Study, and its determination to develop affordable housing for all workers. Committee members discussed new construction of worker housing and pending and potential housing projects.
City of Gonzales staff presented the Vista Lucia Specific Plan to the Oversight Committee and its vision of creating 3,498 new units in a city-centered, integrated community adjacent to the present City of Gonzales. Some at the table asked to be included on the” Interested In Housing” list begun by the City.
Staff also left a pamphlet, business cards and other information regarding the coming project.
Outreach. On Tuesday, August 6, 2024 National Night Out sponsored by the Gonzales Police Department, the city handed out information and discussed face-to-face with our community about the coming Vista Lucia Neighborhood. From this effort and others before, increased counter, telephone and email queries have resulted, and staff has officially created an “Interested in Housing” list for our citizens. People on the list will be included in new meeting notifications and other outreach efforts regarding new housing in the City. (The list does not guarantee or assure a position or advantage for new units.)
Housing Element. The City is responding to questions from Housing and Community Development (HCD) upon our first draft submittal. In late July, the City was presented with added resources to Packet Pg. 36
complete this task by offering and paying for new consultant efforts to further the 6th Cycle and respond to the States’ first round of comments and requirements of the City.
Senior Housing Proposal on S. Alta. Geoffrey Morgan intends to meet with the City Council in September to share CHISPA’s progress point in developing senior housing on the City-owned parcel.
CODE ENFORCEMENT
The City continues to meet with property owners, inspect potential violations and start documentation to progress to remedies.
BUILDING DIVISION ACTIVITY
From July 1, 2024, to July 31, 2024 (31 reporting days), the City issued six permits from the Building Division for residential roof repairs and re-roofs, solar, and commercial tenant improvements (TI). The estimated valuation of all improvements was $74,104.00.
GENERAL COMMUNITY DEVELOPMENT ACTIVITY
Potential mini storage and vehicle storage opportunity. The Community Development Department continues to work with an applicant as his proposal takes shape for new commercial/industrial uses on Gonzales River road on the western city edge. The potential here is to provide support for our major agricultural processing giants but will also include mini storage and vehicle storage opportunities for the greater public.
City’s Business License Ordinances. The Economic Development staff is looking into an update to the City’s Business License Ordinances, which have not been revisited since 1972 (52 years).
Packet Pg. 37
City of Gonzales
FIRE DEPARTMENT
ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: August 19, 2024
FROM: Jason Muscio, Fire Chief
THROUGH: Carmen Gil, City Manager
SUBJECT: Fire Department Activity Report
RESPONSES
There were 94 calls for Service during the month of July, the highest number of calls ever recorded in a single month. There were 3 structure fires, 6 vegetation fires, 2 trash fires, 44 EMS calls including vehicle accidents, 3 hazardous materials calls, 17 service calls, 14 canceled in route, and 5 false alarms.
Notable incidents included a vehicle accident on highway 101 with 3 patients that occurred at the same time as a vegetation fire on Burgandy way resulting in the need for mutual aid units from 3 outside agencies. There was also a structure fire on Elliot Ave that destroyed and outbuilding, and a vehicle rollover accident on La Gloria Grade Road which required a technical rescue. The year-to-date call total is 484, there were 435 calls during the same time period in 2023.
DEPARTMENT OPERATIONS
There are currently no vacancies in any of the authorized full-time positions, we have one active volunteer firefighter. All personnel continue to train in basic fireground operations and EMS skills as time allows. Both engines 8111 and 8112 were briefly out of service at different times during the month, there are pending required repairs for Engine 8112 and pending service for engine 8111 that will be completed in August. All personnel and in service apparatus were deployed on the evening of July 4th and conducted patrols of the city as part of the maximum enforcement effort against illegal fireworks, one grass fire was quickly controlled during this deployment period.
COMMUNITY ENGAGMENT
The Fire Chief and on duty crew supported the Annual 5k Run on the morning of July 4th, and then provided traffic control for the annual 4th of July parade. All personnel were present at the 4th of July celebration at central park and distributed NARCAN to interested members of the community. Crews AGENDA
ITEM
11 Packet Pg. 38
also spent 4 hours over two days with the kids from the City Summer camp. Day one the kids came to the firehouse for a tour and fire prevention presentation, day two crews went to the Vosti center and ran the kids through a mini firefighter bootcamp which included a dummy drag, and use of a fire hose on the kid’s structure fire prop.
PREVENTION
Annual business and residential rental inspections were conducted during the month. On duty crews conducted pre plan exercises on several locations within the City.
Packet Pg. 39
City of Gonzales
POLICE DEPARTMENT
ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: August 19, 2024
FROM: Keith Wise, Chief of Police
THROUGH: Carmen Gil, City Manager
SUBJECT: July 2024 Activity Report
Crime and Arrests
The Gonzales Police Department investigated 3 Part I Crimes (Homicide, Robbery, Theft, Burglary, Rape, Assault and Motor Vehicle Theft) during the month of July 2024. During the same time last year, there were 3 Part I Crimes investigated.
During the month of July 2024, Officers made 12 arrests. During the same time last year, there were a total of 10 arrests.
During the Month of July 2024, the department initiated 11 Abandoned Vehicle Abatement (AVA) cases.
The 11 violations were self-abated by the registered owners upon notification of the Municipal Code Violation.
Calls for Service
The Department responded to 686 calls for service in July 2024. There were 51 crimes, accident, and information reports taken during the month.
Animal Control
During the month of July 2024, the Animal Control Officer (ACO) provided the following services:
Animal Control Trapped/Stray Dead Injured Bite Cases Returned to Owner
Transported to the
SPCA
Cats 4 5 0 0 0 0
Dogs 7 0 0 0 3 4
Total = 11 5 0 0 3 4
AGENDA
ITEM
12 Packet Pg. 40
Significant Cases
Although the Police Department responded to 686 calls for service during the month of July 2024, the most significant cases involved 3 Part I crimes. 0- Homicide 0 - Rape, 0 - Robbery, 2 - Assault, 1 - Burglary, 0 - Larcenies, and 0 -Stolen Motor Vehicle Thefts.
Training
The Department continues to conduct in-house training.
Police Officer Recruit Correa began attending the 904-hour Intensive Police Academy on July 29, 2024.
The Basic Police Academy Course includes fundamental principles, procedures and techniques of law enforcement, including Criminal Law, Patrol Procedures, Cultural Diversity, Investigative Procedures, Report Writing, Defensive Tactics, Firearms, Leadership, Ethics, Community Policing, Police Vehicle Operations, Traffic Enforcement, Accident Investigation, Handling Emotional Situations and First Aid/CPR. The course also includes a challenging physical conditioning requirement that will prepare academy students for police service.
Other
Department staff, along with the Gonzales Police Explorers, participated in the Annual Fourth of July celebration hosted by Rotary at Central Park.
During the Fourth of July evening, the Department’s max deployment of units patrolling the City successfully assessed the efforts in preventing the use of illegal fireworks.
Packet Pg. 41
City of Gonzales
PUBLIC WORKS / CITY ENGINEER DEPARTMENT
ACTIVITY REPORT
TO: Honorable Mayor Rios and City Council
DATE: August 19, 2024
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, City Manager
SUBJECT: Public Works Activity Report
BUILDINGS
Community Center Complex Project – Staff is presented a progress report at the 7/22/2024 Council meeting and will provide an update at the 9/03/2024 Council meeting. The current three-week look ahead schedule is attached.
WASTEWATER
Industrial Wastewater (IW) System – Staff and a real estate appraiser are presenting the temporary and permanent easements needed for the pipeline contract to the various property owners. The IW Pipeline Contract was issued for public bid on 6/27/2024 and staff opened five bids on 8/06/2024.
Staff is currently reviewing the submitted bids and anticipates presenting a staff report at the 9/03/2024 Council meeting recommending an award of construction.
ROADS
1. Safe Routes to School Steering Committee – TAMC staff presented the steering committee’s two recommended projects at the 6/17/2024 Council meeting. Staff will engage a consultant for design services on the two recommended projects.
2. Monterey Salinas Transit Circulator – Over the last three years, MST staff coordinated with City staff to replace the Dial-a-Ride Service with a fixed route bus service in Gonzales. MST staff issued the project for bid and Don Chapin Company was the low bidder. A Preconstruction meeting was held on 7/30/2024 and construction is expected to begin in late August.
AGENDA
ITEM
13 Packet Pg. 42
PARKS
Meyer Park – On 6/07/2024 Prop 218 ballots were mailed to the 330 property owners in the Calif Breeze subdivision regarding the proposed increased assessment for the Benefit Assessment District and Parks and Open Space District. The submitted ballots were tabulated at the 7/22/2024 Council meeting and the assessment increases did not pass.
SOLID WASTE
Quarterly Tri-Cities Franchise Agreements Meetings – Staff from the Salinas Valley Solid Waste Authority, Tri-Cities Disposal 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.
OTHER PROJECTS
GIS – City staff continues to work on a GIS mapping system by inputting field data for water, sewer and storm drainage systems. Staff purchased several iPads for use by Public Works field personnel.
Staff holds monthly meetings with ProWest (GIS consultant). Current mapping efforts include assessing sidewalks to map uplifted or missing sidewalk panels and performing a street sign inspection.
WASTEWATER
Staff perform testing and daily inspections of the influent and effluent at the wastewater treatment plant.
Staff perform rodent control. Staff has been discing at the existing and future wastewater treatment plants.
Staff maintain the sewer lift stations.
WATER
Staff continue to perform testing and maintenance on the water system. Staff continues to actively map the water and sewer system for the City’s GIS program
Well 7 had a power glitch and the pump was pulled for servicing to prolong the life of the motor. Well 7 is still offline. Staff maintains the swimming pool, cleaning and maintenance is done on Mondays.
Packet Pg. 43
Staff cleaning the swimming pool
Staff have also built a mister for the pool for use during really hot days.
Staff will be performing the tri-annual lead and copper testing in July.
STORM WATER
Staff continue to clean and maintain bioswales. Staff will begin annual maintenance of the storm water ponds and outfalls.
Packet Pg. 44
PARKS
Staff mows parks regularly. Staff cleans restrooms, cleans trash, and makes repairs in parks regularly.
Staff repair and maintain irrigation in Central and Centennial Parks.
Staff did a large amount of weed eating around town in preparation for the Fourth of July and fire season.
Staff set up for the Fourth of July celebration.
Staff trimming trees at Central Park
GOVERNMENT BUILDING
Staff continue to maintain City owned buildings. Staff cleans the Vosti Center restrooms and the Council Chambers weekly. Staff serviced the HVAC units at the Medical Center. Staff ordered new flagpole ropes for the flagpoles.
Trini’s Plumbing recently replaced the water heater in the sleeping quarters at the Fire Station
STREETS
Staff painted Stop bars and legends on the south-west side of town.
Staff hung the new American City banners in time for Fourth of July.
Packet Pg. 45
Staff hanging banners Staff training new crew in street painting Staff trimmed trees on Fifth Street in preparation for utility work along Fifth Street related to construction of the Community Center. Staff also trimmed trees at Central Park.
Staff making sidewalk repairs.
Staff replaced several sidewalk panels on the corner of Belden and C Street, and on Fairview Street.
Packet Pg. 46
EVENTS
Staff hosted two Public Works days for Kid power. The first day Public Works discussed the importance of the water cycle, focusing on the difference between clear and lumpy water. The second day, Public Works staff demonstrated our equipment and allowed the kids to take pictures sitting in the tractors and other equipment. Then we turned on the sprinklers at Centennial Park and the kids were able to run through the sprinklers with some of the Public Works personnel. They had a blast.
Attachments:
1. 240807 Gonzales CCC Look Ahead
Packet Pg. 47
LOOK AHEAD SCHEDULE
GONZALES COMMUNITY CENTER COMPLEX
5TH STREET, GONZALES, CA
DATE: 08/07/2024
HOLIDAY
X = Scheduled Activity
X = Completed Activity
X = Critical Path / Priority
X = Weather Event
ACTIVITY SUBCONTRACTOR/ NOTES 7/29 7/30 7/31 8/1 8/2 8/3 8/4 8/5 8/6 8/7 8/8 8/9 8/10 8/11 8/12 8/13 8/14 8/15 8/16 8/17 8/18 8/19 8/20 8/21 8/22 8/23 8/24 8/25 8/26 8/27 8/28 8/29 8/30 8/31 9/1 9/2 9/3 9/4 9/5 9/6 9/7 9/8 DESCRIPTION VENDOR IMPACTSMTW ThFS SuMTW ThFS SuMTW ThFS SuMTW ThFS SuMTW ThFS SuMTW ThFS Su SS Trenching MGH
XX
SS install MGH
XX
Staking MGH
X
Offhaul Soils (make ready work) MGH
XXXX
Excavation In Slab SS FM Booth
XX
SD System Install MGH
XXXXXXXXX
SS/SD Installation FM Booth
XXXX
XXX
Deep Underground Install Elec. Collins
XXXXXXX
Deep Backfill and Compaction Elec. Collins
XXX
Footing Layout Grade break
XXX
Footing Dig Grade break
XXXX
Backfill and Compaction FM Booth
XX
Footing Reinforcement Grade break
XXXX
Plates and Anchors Grade break
XXXX
Sleeves footing Collins
X
Verify Plates Grade break
X
Footing Inspection 4 Leaf/PSI
X
Footing Placement Grade break
X
SOG Layout Collins
XX
Form Slab Grade break
XXXXXXX
Slab on Grade Collins
XXXXXXXXXX
SOG Inspection Collins
X
Install Drains touch up while wrap FM Booth
X
Termicide Pad MGH
X
X
Vapor Barrier Grade break
X
X
Rebar Slab Grade break
XXX
XXX
Reinforcing Inspection 4 leaf/PSI
X
X
SOG Placement Grade break
X
X
HOLIDAY
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Attachment: 240807 Gonzales CCC Look Ahead (3070 : Public Works/City Engineer Department Activity Report)
LOOK AHEAD SCHEDULE
GONZALES COMMUNITY CENTER COMPLEX
5TH STREET, GONZALES, CA
ACTIVITY SUBCONTRACTOR/ NOTES 7/29 7/30 7/31 8/1 8/2 8/3 8/4 8/5 8/6 8/7 8/8 8/9 8/10 8/11 8/12 8/13 8/14 8/15 8/16 8/17 8/18 8/19 8/20 8/21 8/22 8/23 8/24 8/25 8/26 8/27 8/28 8/29 8/30 8/31 9/1 9/2 9/3 9/4 9/5 9/6 9/7 9/8 DESCRIPTION VENDOR IMPACTSMTW ThFS SuMTW ThFS SuMTW ThFS SuMTW ThFS SuMTW ThFS SuMTW ThFS Su
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Attachment: 240807 Gonzales CCC Look Ahead (3070 : Public Works/City Engineer Department Activity Report) City of Gonzales
CITY MANAGER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: August 19, 2024
FROM: Carmen Gil, City Manager
SUBJECT: Lease Agreement with David Ramirez DDS
RECOMMENDATION
It is recommended that the City Council renew a three-year Lease Agreement with David Ramirez D.D.S. (Dr. Ramirez) for the property located at 421 Center St. with the option to extend the lease at a new monthly rate for an additional two-year term, following expiration of the initial term (August 31, 2027).
BACKGROUND
Dr. Ramirez has been a long-time tenant of the stated location. He has been in good standing and provides much needed dental services at a low-cost to the community of Gonzales. The prior Agreement has lapsed, and Dr. Ramirez is operating on a month-to-month basis. Staff recommends that a new Lease Agreement is put in place. Due to the terms established in the prior Lease Agreement, Dr. Ramirez’s new monthly rent will be $2,622 per month, subject to 3% annual adjustment with a (60) day notice of such adjustment.
REVIEW AND ANALYSIS
Dr. Ramirez is a long-time tenant of the City and provides an essential service to the community. If the City Council determined they did not want to renew the lease it would be a loss for both the City who generates monthly revenue from renting the building, and an even grater loss to all of his established patients. The City would collect $31,464 in rent for year 1 of the lease. $32,408 for year 2 and $33,380 for year 3. For a total of $97,252 over the life of the contract.
Explain Recommendation and How it Supports the Vision
AGENDA
ITEM
14 Packet Pg. 50
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: Leasing out available public facilities for an essential service such as a dental office supports the City Council’s Mission and Vision while generating some much-needed revenue for the City.
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: Dr. Ramirez has an established practice that tends to serve some of the most vulnerable residents in the community. Ensuring his practice continues to stay local is important to the City Council’s vision of establishing a healthy community.
City services will be delivered in a cost-effective, respectful, and friendly manner to insure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.
Explain: Staff believes this Lease Agreement ensures that the community has access to dental services while providing a revenue generating opportunity for the City.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing Yes No N/A
• Recreation Yes No N/A
• Environment Yes No N/A
• Education Yes No N/A
Explain: Staff believes that extending this lease creates a win-win situation for both the tenant and the City as continuing to support the business allows essential dental services to be accessible to the residents of Gonzales.
ALTERNATIVES
Alternative 1 – The City Council could direct staff to modify the Lease Agreement.
Alternative 2 – The City Council could determine this Lease Agreement is no longer needed. However, staff believes this Agreement allows us to provide essential dental services to the public in the community.
BUDGET IMPACT
If the Lease Agreement is approved, it will generate $2,622 in monthly rent; for a total of $97,252 over the life of the contract.
CONCLUSION
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It is recommended that the City Council renew a three-year Lease Agreement with David Ramirez D.D.S. (Dr. Ramirez) for the property located at 421 Center St. with the option to extend the lease at a new monthly rate for an additional two-year term, following expiration of the initial term.
Attachments:
1. Lease Agreement with David Ramirez DDS
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Packet Pg. 53
Attachment: Lease Agreement with David Ramirez DDS (3071 : Lease Agreement with David Ramirez DDS) Packet Pg. 54
Attachment: Lease Agreement with David Ramirez DDS (3071 : Lease Agreement with David Ramirez DDS) Packet Pg. 55
Attachment: Lease Agreement with David Ramirez DDS (3071 : Lease Agreement with David Ramirez DDS) Packet Pg. 56
Attachment: Lease Agreement with David Ramirez DDS (3071 : Lease Agreement with David Ramirez DDS) Packet Pg. 57
Attachment: Lease Agreement with David Ramirez DDS (3071 : Lease Agreement with David Ramirez DDS) Packet Pg. 58
Attachment: Lease Agreement with David Ramirez DDS (3071 : Lease Agreement with David Ramirez DDS) Packet Pg. 59
Attachment: Lease Agreement with David Ramirez DDS (3071 : Lease Agreement with David Ramirez DDS) RESOLUTION NO. 2024-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
AMENDING THE ADOPTED CONFLICT OF INTEREST CODE
WHEREAS, Government Code Section 87306.5 requires a local agency to review its adopted Conflict of Interest Code on a biennial basis and submit a report to the City Council identifying changes, if any; and
WHEREAS, the City Council adopted the Standard Conflict of Interest Code on December 20, 1982, and has made periodic changes thereto to either reflect changes in the law or the designated positions that participate in making government decisions required to file disclosure statements; and
WHEREAS, Staff has reviewed the current Gonzales Conflict of Interest Code, a copy of which is attached hereto as Exhibit “A,” has determined that no amendment thereto is necessary, and has completed the “2024 Local Agency Biennial Notice,” a copy of which is attached hereto as Exhibit “B.”
NOW THEREFORE BE IT HEREBY RESOLVED, that the City Council of the City of Gonzales has reviewed the adopted Conflict of Interest Code and finds that:
1. All designated position which make or participate in the making of governmental decisions are accurately described in Exhibit “A.”
2. The disclosure statements assigned those positions accurately requires the disclosure of all investments, business positions, interest in real property and sources of income which may foreseeable be affected materially by the decisions made by those designated positions.
3. The Code includes all other provisions required by Government Code Section 87302.
PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting duly held on the 19th day of August, 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
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Attachment: Resolution No. 2024-53 (3065 : Resolution No. 2024-53 Amending Conflict of Interest Code) AGENDA
ITEM
15 CITY OF GONZALES
CONFLICT OF INTEREST CODE
Section 1. Adopted by Reference.
The Standard Conflict of Interest Code developed by the Fair Political Practices Commission (Title 2, California Administrative Code, Section 18730), copies of which are on file in the office of the City Clerk, is adopted as the amended Conflict of Interest Code of the City of Gonzales for designated employees or appointees. The terms set forth in the Standard Code, and any amendment made thereto, except for those changes hereinafter appearing, are referred to and made a part hereof for all purposes as fully as if set forth herein.
Section 2. Filing Statement of Economic Interest.
Notwithstanding anything to the contrary in the Standard Conflict of Interest Code, each Statement of Economic Interest shall be filed as follows:
A. The original of each disclosure statement shall be filed with the City Clerk, or his/her designee, who shall review a copy thereof pursuant to this section. Upon completion of review of the disclosure statement pursuant to subsection (B) of this section, the City Clerk or his/her designee shall cause the same to be officially filed as the date the disclosure statement was initially received.
B. Upon receipt of a copy of the disclosure statement pursuant to subsection (A) of this section, the City Clerk or his/her designee shall review the statement to determine if the designated employee or appointee has filed each statement required by this Code. The Clerk or his/her designee shall notify the designated employee or appointee immediately in writing should the Clerk or his/her designee find that any required disclosure statement(s) have not been filed.
Failure of the Clerk or his/her designee to discover that any requirement of this Code has not been met shall not relieve the designated employee or appointee of any civil or criminal penalties and any such failure on the part of the Clerk or his/her designee shall not subject the Clerk or his/her designee to any liability whatsoever. Upon such notification, the designated employee or appointee shall file the required statements.
Section 3. Appendices Adopted.
The appendices referred to in sections 2 and 3 of the Standard Conflict of Interest Code are adopted and attached herewith as “Appendix A” and “Appendix B,” respectively.
EXHIBIT A
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Attachment: Conflict of Interest Code (3065 : Resolution No. 2024-53 Amending Conflict of Interest Code)
APPENDIX A
Designated Positions Disclosure Category
Public Works Director
Community Development Director
Green’s Accounting (Consultant)
Consultants*
CAT-01
CAT-01
CAT-01
CAT-01
-------------------------------------------------------------------------------------- * The definition of “Consultant” contained in 2 Cal. Code of Regs., Section 18701(a)(2), and any amendment to said section duly adopted by the Fair Political Practices Commission, is incorporated herein by reference.
With respect to Consultants, the City Manager may determine in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus not required to comply with the disclosure requirements described in these categories. Such determination shall include a description of the consultant’s duties, and, based upon that description, a statement of the extent of the disclosure requirements. The City Manager shall forward a copy of this determination to the Fair Political Practices Commission. Nothing herein excuses any such consultant from any other provision of this Conflict of Interest Code. ** It has been determined that the positions listed below manage public investments and will file a statement of economic interests pursuant to Government Code Section 87200 (CAT-01 and 02):
City Mayor
City Council Members
City Planning Commissioners
City Manager
City Attorney
Successor Agency Board Members
Successor Agency Executive Director
Successor Agency Counsel
Successor Housing Agency Board Members
Successor Housing Agency Executive Director
Successor Housing Agency Counsel
City Treasurer
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Attachment: Conflict of Interest Code (3065 : Resolution No. 2024-53 Amending Conflict of Interest Code)
APPENDIX B
General Provisions
When a designated employee is required to disclose investments and sources of income, s/he need only disclose investments in business entities and sources of income which do business in the jurisdiction, plan to do business in the jurisdiction, or have done business in the jurisdiction within the past two years. In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property. When a designated employee is required to disclose interests in real property, s/he need only disclose real property which is located in whole or in part within or not more than two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency.
Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix A.
Disclosure Categories:
CAT-01 All interests in real property in the local jurisdiction, as well as investments, business positions and sources of income (including gifts, loans and travel payments.
CAT-02 All investments, business positions and sources of income (including gifts, loans and travel payments.
CAT-03 All interest in real property in the local jurisdiction.
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Attachment: Conflict of Interest Code (3065 : Resolution No. 2024-53 Amending Conflict of Interest Code) 2024 Local Agency Biennial Notice
Name of Agency:
Mailing Address:
Contact Person: Phone No.
Email: Alternate Email:
Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.
This agency has reviewed its conflict of interest code and has determined that (check one BOX):
An amendment is required. The following amendments are necessary:
(Check all that apply.)
Include new positions
Revise disclosure categories
Revise the titles of existing positions
Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
Other (describe)
The code is currently under review by the code reviewing body. No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2024, or by the date specified by your agency, if earlier, to:
City of Gonzales
PO Box 647
Gonzales, CA 93926
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)
City of Gonzales
PO Box 647, Gonzales, CA 93926
Mary Villegas 831-675-5000
[email protected] [email protected]
EXHIBIT B
Packet Pg. 64
Attachment: 2024 Local Agency Biennial Notice (3065 : Resolution No. 2024-53 Amending Conflict of Interest Code) Vista Lucia Specific Plan Update
City Council - August 19, 2024
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Attachment: Vista Lucia Specific Plan Update - Aug 19, 2024 (3069 : Vista Lucia Specific AGENDA
ITEM
16 Packet Pg. 66
Attachment: Vista Lucia Specific Plan Update - Aug 19, 2024 (3069 : Vista Lucia Specific Vista Lucia Specific Plan –
Primary Actions Since May 20, 2024, Update
• Draft Development Agreement Nearly Completed
• Draft Affordable Housing Agreement Nearly Completed
• Draft Environmental Impact Report has been Circulated for Public Review • Final Environmental Impact Report has been written and will soon be ready • Progress on Staff Reports & Exhibits, LAFCO Plan For Services Packet Pg. 67
Attachment: Vista Lucia Specific Plan Update - Aug 19, 2024 (3069 : Vista Lucia Specific Vista Lucia Specific Plan –
Our Public Outreach Efforts are Increasing Awareness
• On July 4, 2024 – Leaflets and handouts in Spanish and English • Two workers went person to person and introduced the new community plan.
• Following July 4, 2024, Pembrook Development Group reported that their website and the Vista Lucia Community Page started getting a lot of internet hits and that people left emails and messages expressing interest and wanting to know more.
• City started the “Interested In Housing” list and we are collecting names, phone numbers and emails. Persons will be notified.
Packet Pg. 68
Attachment: Vista Lucia Specific Plan Update - Aug 19, 2024 (3069 : Vista Lucia Specific Vista Lucia Specific Plan –
Our Public Outreach Efforts are Increasing Awareness
• Walk in traffic at the public counter, telephone calls and emails to staff have steadily increased, asking about the new community. • On Saturday July 13, 2024, the City hosted the United Way of Monterey County who conducted a Financial Literacy Seminar for Spanish Speakers.
• The meeting was well attended and very informative and useful • City staff was present to Introduce the coming Vista Lucia Community Plan, and the timelines and challenges ahead. • People were supportive, engaged and even excited.
Packet Pg. 69
Attachment: Vista Lucia Specific Plan Update - Aug 19, 2024 (3069 : Vista Lucia Specific Vista Lucia Specific Plan –
Our Public Outreach Efforts are Increasing Awareness
• Staff added the Gonzales City participants names to the Interested In Housing list.
• On Monday August 5, 2024, staff attended the Farmworker Housing Study Oversight Committee hosted by MBEP at the United Way Offices in Salinas.
• Many Public, Private and Non-Profit sector players were in the room and Zoom, including CHISPA and Affordable Housing Interests. • Assembly Chair Robert Rivas’s Office was in attendance and listening.
Packet Pg. 70
Attachment: Vista Lucia Specific Plan Update - Aug 19, 2024 (3069 : Vista Lucia Specific Vista Lucia Specific Plan –
Our Public Outreach Efforts are Increasing Awareness
• On Monday August 5, 2024, staff attended the Farmworker Housing Study Oversight Committee hosted by MBEP at the United Way Offices in Salinas. (continued)
• City of Gonzales staff introduced the Vista Lucia Project and our City’s long effort to bring this project to reality.
• Some attendees were interested in even their own personal housing needs and asked to be placed on the Interested In Housing List. • City Staff to continue with quarterly updates to the City Council Packet Pg. 71
Attachment: Vista Lucia Specific Plan Update - Aug 19, 2024 (3069 : Vista Lucia Specific Packet Pg. 72
Attachment: Vista Lucia Specific Plan Update - Aug 19, 2024 (3069 : Vista Lucia Specific 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. 73
Attachment: Vista Lucia Specific Plan Update - Aug 19, 2024 (3069 : Vista Lucia Specific Vista Lucia Specific Plan – Project Calendar – Remaining Actions
• Completion of Outstanding Agreements
• (Fall 2024)
• Final EIR / Mitigation Monitoring Reporting Program
• (Winter 2024)
• Public Hearings at PC / CC
• (Winter 2024)
• LAFCO Application & Hearings
• (Spring 2025 – Summer 2025)
Packet Pg. 74
Attachment: Vista Lucia Specific Plan Update - Aug 19, 2024 (3069 : Vista Lucia Specific City of Gonzales
CITY ATTORNEY
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: August 19, 2024
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, City Manager
SUBJECT: An Ordinance of the City Council of the City of Gonzales Amending Chapter
3.16 -Purchasing Procedures of Title 3- Revenue and Finance of the Gonzales City Code to Increase the Bidding Requirement Threshold for the Purchase of Supplies and Equipment from $5,000 to $50,000
RECOMMENDATION
It is recommended that City Council consider waiver of reading and introduction and reading by title only Ordinance No. 2024-146, An Ordinance of the City Council of the City of Gonzales Amending Chapter
3.16- Purchasing Procedures of Title 3- Revenue and Finance of the Gonzales City Code to Increase the Bidding Requirement Threshold for the Purchase of Supplies and Equipment From $5,000 to $50,000.
BACKGROUND
Although municipalities such as the City of Gonzales are required by law to adopt policies and procedures governing the purchase of supplies and equipment, including bidding regulations, they have considerable latitude to tailor purchases to meet local needs. See Gov. Code Section 54202; Davis v. City of Santa Ana (1952) 108 Cal.App.2d 669. Such policies and procedures create transparency regarding city purchases and provide the citizenry with reassurance that public funds are being properly spent. Most policies are structured to require purchasing by soliciting bids unless the purchase falls within an identified exception that allows staff to forego bidding.
The City of Gonzales’ purchase provisions are found in Chapter 3.16 of Title 3- Revenue and Finance of the Gonzales City Code (“GCC”). Pursuant to current GCC Section 3.16.050, purchases of less than five thousand dollars ($5,000) are exempt from bidding.
REVIEW AND ANALYSIS
AGENDA
ITEM
17 Packet Pg. 75
As Staff has pointed out on several occasions with the City Council while discussing City projects and finances, the cost of supplies and equipment has increased dramatically in recent years due to supply chain constraints, general inflation, and strong demand for consumer goods and materials. The Producer Price Index, the metric reflecting the price that manufacturers charge dealers and distributors for their products, indicates that prices for machinery and equipment increased by 19% between January of 2020 and March of 2023. There was a significant increase in such costs during the Covid-19 Pandemic and although the impacts of the Pandemic are largely considered to be under control in the U.S., there has not been a corresponding decrease in the price of supplies and equipment.
As noted above, GCC Section 3.16.050 currently provides that purchases of supplies and equipment totaling less than $5,000 are exempt from bidding requirements. This threshold has been in place since at least 1972. It is clear that this threshold no longer covers the costs of the majority of purchases made by various City Departments. For example, the costs of the purchase of a single new or used automobile, software and related service agreements, and specialized equipment needed for use in variety of City Departments frequently exceeds the threshold and requires bidding and formal council action. As a result, normal business in the City is often disrupted due to delays caused by compliance with formal bidding procedures.
In light of the foregoing, both the City Manager and Staff have requested an increase in the bidding requirement threshold in order to allow the City to make necessary purchases to address City needs in an efficient and timely manner without bidding. It is worth noting that such purchases will still be subject to Council approval unless subject to another exception or within the City Manager’s spending authority and will always appear on the warrants list provided for approval at each Council meeting.
The City Attorney has prepared an ordinance for Council consideration that will increase the current bidding threshold from $5,000 to $50,000. The effect of this change will be that supplies and equipment costing less than $50,000 will be exempt from bidding requirements and procedures. Ordinance No. 2024-146 is before the Council this evening for waiver of reading and introduction and reading by title only. If introduced, it will be brought back for discussion and consideration of adoption at a public hearing.
The proposed Code amendment is not considered a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378) because it will not result in or cause a direct or foreseeable indirect physical change on or in the environment.
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: Adjusting the no-bid spending threshold will assist City Staff and management in ensuring that the City’s vision will continue to be supported by efficient and timely purchases of necessary equipment and supplies.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ____No ____NA
Explain: See above.
Packet Pg. 76
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. Yes ___No _X_NA Explain: See above.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes ____ No X NA
• Housing Yes ____ No X NA
• Recreation Yes ____ No X NA
• Environment Yes ____ No X NA
• Education Yes ____ No X NA
Explain: NA
ALTERNATIVES
• Introduce the proposed Ordinance.
• Do not introduce the proposed Ordinance increasing the City’s bidding requirement threshold and provide Staff with direction.
BUDGET IMPACT
There is no direct financial impact associated with the proposed modification of the GCC. All purchases will still need to be made within approved budgets.
CONCLUSION
It is recommended that City Council consider waiver of reading and introduction and reading by title only Ordinance No. 2024-146, An Ordinance of the City Council of the City of Gonzales Amending Chapter
3.16- Purchasing Procedures of Title 3- Revenue and Finance of the Gonzales City Code to Increase the Bidding Requirement Threshold for the Purchase of Supplies and Equipment From $5,000 to $50,000.
PUBLIC NOTICE
If introduced, staff will notice a public hearing for the meeting of September 2, 2024 in accordance with applicable provisions of the law.
Attachments:
1. Ordinance No. 2024-146
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ORDINANCE NO. 2024-146
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GONZALES AMENDING CHAPTER 3.16- PURCHASING PROCEDURES OF TITLE 3- REVENUE
AND FINANCE OF THE GONZALES CITY CODE TO INCREASE THE BIDDING
REQUIREMENT THRESHOLD FOR THE PURCHASE OF SUPPLIES AND
EQUIPMENT FROM $5,000 TO $50,000
WHEREAS, municipalities are required by law to adopt policies and procedures governing the purchase of supplies and equipment, including bidding regulations, in order to provide transparency and assure the public that public funds are being properly spent; and WHEREAS, notwithstanding the aforesaid requirement, municipalities are allowed to tailor purchasing policies and procedures to meet local needs; and WHEREAS, the City of Gonzales’ purchase provisions are found in Chapter 3.16 of Title 3- Revenue and Finance of the Gonzales City Code (“GCC”); and WHEREAS, under current GCC Section 3.16.050, one of the exceptions to purchase bidding requirements exists when the amount of the proposed purchase is less than five thousand ($5,000) dollars; and
WHEREAS, the cost of supplies and equipment has increased dramatically in recent years, due to supply chain constraints, general inflation and strong demand, with the Producer Price Index (the metric reflecting the price that manufacturers charge dealers and distributors for their products) indicating that prices for machinery and equipment increased by 19% between January of 2020 and March of 2023; and
WHEREAS, the City’s current purchase bidding requirement threshold appears to have been established more than fifty years ago in 1972; and WHEREAS, the City Manager and Staff have both requested an increase to the bidding requirement threshold in order to allow the City to make purchases to address City needs in an efficient and timely manner without requiring bidding and related procedures; and WHEREAS, all City purchases will continue to require Council approval unless otherwise exempted or within the City Manager’s spending authority and will appear on the warrant list at each Council meeting.
NOW THEREFORE, BE IT HEREBY ORDAINED by the Gonzales City Council as follows:
SECTION 1. All of the recitals set forth above are true and correct to the best of its knowledge and by this reference are incorporated herein.
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Attachment: Ordinance No. 2024-146 (3074 : Ordinance No. 2024-146 Increasing Bidding Requirement Threshold to $50,000) SECTION 2. Subsection A.1 of Section 3.16.050 Bidding Required- Exceptions of Gonzales City Code Chapter 3.16 Purchasing Procedures, is hereby amended as follows:
Section 3.16.050 Bidding Required- Exceptions
A. Purchases of supplies and equipment shall be by bid procedures as prescribed by this chapter; provided, that bidding shall be dispensed with:
(1) When the amount involved is less than five fifty thousand dollars ($50,000.00); or …
SECTION 3. The opening sentence of Section 3.16.080- Bidding Procedure of Gonzales City Code Chapter 3.16 Purchasing Procedures is hereby amended as follows:
“Except as otherwise provided in this chapter, purchases and contracts for supplies and equipment of estimated value greater than five fifty thousand dollars ($50,000.00) shall be by written contract with the lowest responsible bidder pursuant to the procedure prescribed in the section:”
SECTION 4. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or in applicability shall not affect or impair any of the remaining provisions, clauses, sentences, section, words or parts thereof of the ordinance or their applicability to other provisions or circumstances.
SECTION 5. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its final adoption.
SECTION 6. CEQA. This Ordinance is not subject to the California Environmental Quality Act (CEQA) because it is not a “project” within the meaning of Section 15378 of the State CEQA Guidelines, since there is no potential for the Ordinance to result in direct or indirect physical change to the environment.
SECTION 7. Notice. The City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary thereof prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Soledad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Gonzales City Council on the 19
th day of August, 2024, and thereafter;
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Soledad on the ___ day of ___, 2024 by the following vote:
AYES, and in favor thereof, Councilmembers:
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Attachment: Ordinance No. 2024-146 (3074 : Ordinance No. 2024-146 Increasing Bidding Requirement Threshold to $50,000) NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
Jose L. Rios, The Honorable Mayor
ATTEST:
_______________________________
Mary Villegas, Deputy City Clerk
Packet Pg. 80
Attachment: Ordinance No. 2024-146 (3074 : Ordinance No. 2024-146 Increasing Bidding Requirement Threshold to $50,000) City of Gonzales
PUBLIC WORKS / CITY ENGINEER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: August 19, 2024
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: Carmen Gil, City Manager
SUBJECT: Safe Routes to School Priority Projects
RECOMMENDATION
Staff recommends that the City Council approve the top two projects developed by the Safe Routes to School (SRTS) Steering Committee and direct staff to add the projects to the City’s Capital Improvement Program and engage a consultant for design services. The top two projects are Pedestrian Safety Improvements at the Fifth Street/Rincon Road intersection and at the Fifth Street/US 101 Interchange.
BACKGROUND
The Salinas Valley Safe Routes to School Plan was an effort to develop recommendations for pedestrian improvements in the vicinity of the public K-12 schools in the cities of Gonzales, Soledad, Greenfield, and King City. The planning team (Team) was comprised of staff from TAMC, Ecology Action (a nonprofit organization), and the Monterey County Health Department.
The Safe Routes to School Plan relied on a Resident Steering Committee in each city to identify, discuss and prioritize infrastructure and non-infrastructure recommendations for improving walkability to schools. The Steering Committee recommendations will serve as the basis for pedestrian improvements through the countywide Safe Routes to School Program (funded through TAMC’s Measure X) as well as future state and federal grant applications.
REVIEW AND ANALYSIS
To provide context to the Steering Committee, the Team reviewed previous planning documents relevant to SRTS to ensure consistency with past plans and projects. The Team was tasked with noting concerns or issues collected through parent survey data, reviewing crash data history, consulting with the school AGENDA
ITEM
18 Packet Pg. 81
staff, and observing if there are infrastructure deficiencies and/or dangerous behaviors. Input from the community members and collected data were used to develop the draft projects.
A participatory budgeting process was used by the Gonzales Steering Committee. The Participatory Budgeting Process included:
1. Creating the Ballot - the Gonzales Safe Routes to School Steering Committee, made up of residents and community advocates in coordination with Safe Routes to School program partners developed a list of projects for residents to vote on.
2. Election Strategy Plan - The election started with a strategy plan that took place at the Gonzales Police Department on March 20, 2024, in which the committee discussed the collection locations, duration of the voting period, and the different plans for outreach.
3. Voting – Gonzales residents were given four weeks during April and May with a deadline of May 18 to vote on their preferred safety improvement projects. Voting was provided in the form of inperson voting ballots at various places such as the Gonzales Car Show, at City Hall, and participating school locations, as well as online.
4. Election Results - The top projects were announced at the June 17th City of Gonzales Council Meeting.
As presented at the June 17, 2024 Council Meeting, the Gonzales Steering Committee recommended implementing the following two projects:
1. Pedestrian Improvements at the Fifth Street/Rincon Road intersection.
2. Pedestrian Improvements along Fifth Street and at the on and off ramps at the Fifth Street/US 101 Interchange.
The recommended improvements at each location include upgrading the existing crosswalks to high visibility crosswalks, installing better signage, and constructing curb extensions to shorten the distance across the street. Staff issued a Request for Proposal for Roadway Design Services to consulting firms on July 26, 2024, and designing the Safe Routes to School project was listed in the scope of services.
In conclusion, staff recommends that the City Council approve the top two projects as developed by the Safe Routes to School Steering Committee and direct staff to add the projects to the City’s Capital Improvement Program and engage a consultant for design services.
How Recommendation Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.
Explain: The projects identified by the Gonzales Steering Committee will enhance the quality of life of Gonzales residents.
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: Please see explanation above for the Mission.
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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 Yes X No N/A
• Housing Yes X No N/A
• Recreation X Yes No N/A
• Environment X Yes No N/A
• Education X Yes No N/A
ALTERNATIVES
The Council could direct City staff to revise the selected projects.
BUDGET IMPACT
TAMC will provide up to $250,000 in SRTS funding to implement the two pedestrian safety projects.
CONCLUSION
Staff recommends that the City Council approve the top two projects developed by the Safe Routes to School (SRTS) Steering Committee and direct staff to add the projects to the City’s Capital Improvement Program and engage a consultant for design services. The top two projects are Pedestrian Safety Improvements at the Fifth Street/Rincon Road intersection and at the Fifth Street/US 101 Interchange.
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City of Gonzales
CITY ATTORNEY
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: August 19, 2024
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, City Manager
SUBJECT: Resolution No. 2024-54 Adopting a Public Meeting Decorum Policy
RECOMMENDATION
It is recommended that the City Council consider and adopt Resolution No. 2024-54, A Resolution of the City Council of the City of Gonzales adopting a Public Meeting Decorum Policy.
BACKGROUND
Government Code Section 54954.3, a provision of the Brown Act (Gov. Code Section 54950 et seq.), provides that unless an exception applies, every agenda for regular and special meetings of the City Council and other legislative bodies of the city must provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body’s consideration of the item, that is within the subject matter jurisdiction of the legislative body.
Section 54954.3 allows the City Council to adopt reasonable regulations to ensure public participation, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.
The Brown Act provides that the City Council is not allowed to prohibit public criticism of the policies, procedures, programs, or services of the agency, or the acts or omissions of the legislative body.
However, the Brown Act does not confer any privilege or protection for expression beyond that otherwise provided by the law. In other words, the Brown Act’s right to provide comment does not provide protection or immunity from claims of slander, threats and other forms of speech that may result in civil or criminal actions.
Government Code Section 54957.9 confers a legislative body with the right to clear a meeting room of members of the public in the event any meeting is willfully interrupted by a group or groups of persons so AGENDA
ITEM
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as to render the orderly conduct of such meeting unfeasible and where order cannot be restored by the removal of the individuals who are willfully interrupting the meeting. Under such circumstances, only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, are allowed to attend such a cleared session. The City Council is allowed to establish a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
In response to a series of shocking, offensive and disruptive interruptions of meetings of legislative bodies throughout the Country and State, both in person and via virtual participation platforms commencing in 2022, the legislature adopted Government Code Section 54957.95, which became effective on January 1, 2023. Section 54957.95 provides that, in addition to the provisions of Sections 54954.3 and 54957.9 as stated above, the Mayor or official presiding over or conducting a meeting, or their designee, may remove or cause the removal of an individual for behavior disrupting a meeting.
Under this law, prior to removing an individual, the presiding member or their designee must first warn the individual that their behavior is disrupting the meeting and that their failure to cease such behavior may result in their removal. The presiding member or their designee may then remove the in dividual if they do not promptly cease their disruptive behavior. This limitation does not prevent immediate removal of a person or persons making a “true threat of force” as defined in the statute.
REVIEW AND ANALYSIS
The Mayor, as presiding officer of the City Council, has discretion to control the conduct of a meeting, balancing the public’s free speech rights with the Council’s ability to consider and deliberate without being interrupted by disruptive behavior. A City Council meeting is a limited public forum, and as such, the Council is allowed to impose reasonable limitations on speech so as to permit the Council to conduct business. Consistent with this, the Brown Act allows both the establishment of reasonable regulations to ensure public participation and the means to deal with disruptive conduct.
Currently, City Code Section 1.20.020, Rules and Regulations for Conducting Meetings, provides some general rules concerning the decorum of both the council and persons attending meetings. Additional guidance on parliamentary issues is provided by Robert’s Rules of Order. However, existing Code language concerning public decorum lacks accurate specificity in terms of the appropriate means by which to address meeting disturbances and was codified prior to the time that Government Code Section 54957.95 was adopted.
Earlier in the year, the City Council provided staff with direction to prepare a comprehensive set of new Council policies and procedures for conducting meetings, one of which was to address the issue of public meeting decorum. While staff is still working on the preparation of a set of “Council Policies and Procedures”, there appears to be an immediate need to adopt a policy on disruptive meeting conduct. It is anticipated that this policy will be incorporated into the larger “Policy and Procedure” document when it is brought forward for Council consideration.
In light of the foregoing, staff has prepared a new Public Meeting Decorum Policy (“Policy”) for Council consideration. Under the terms of the Policy, any person who engages in behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of a City Council meeting (or any other meeting of a City legislative body) may be removed from the meeting at the direction of the Mayor, presiding officer or majority of the legislative body. Examples of disruptive behavior include:
1. Speaking without being recognized by the Presiding Officer.
2. Continuing to speak after the allotted time has expired.
3. Speaking on an item at a time not designated for discussion by the public of that item.
4. Throwing objects.
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5. Interrupting a person who is speaking to the City Council during such person’s allotted time.
6. Preventing a person from speaking to the City Council during such time as is allocated for comments from the public.
7. Uttering loud, threatening, or abusive language that actually disrupts, disturbs or otherwise impedes the orderly conduct of the City Council meeting.
8. Clapping, whistling, stomping feet, and sign waving that actually disrupts, disturbs or otherwise impedes the orderly conduct of the City Council meeting.
The Policy provides several enforcement options, including providing the offending party with a warning before removal where practicable, taking a short recess, clearing the room of all speakers, and removing the person from the meeting as necessary. The Policy would also allow the Council, presiding officer or majority of the Council to order the Sergeant-at-arms (the Police Chief or his designee) to remove a party refusing to exit a meeting. Finally, the Policy identifies conduct and behavior that would be considered unlawful and subject to criminal prosecution, including but not limited to the provisions of Penal Code 403.
While the City welcomes and encourages public participation at its meetings, a certain level of decorum must be maintained at such gatherings in order to ensure that business can be properly conducted and to facilitate the meaningful exchange of opinions in a civil, safe environment. Staff believes that the proposed Policy addresses Council, staff and citizen concerns regarding meeting decorum and recommends adoption.
Adoption of the Policy is not considered a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378) because it will not result or in or cause a direct or foreseeable indirect physical change on or in the environment.
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: An established set of meeting rules of decorum will assist the City in ensuring that City business necessary to maintain the City vision can be conducted in an orderly manner while still encouraging and facilitating desired public input.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ____No ____NA
Explain: See 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. Yes ___No X NA Explain: NA.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes ____ No X NA
• Housing Yes ____ No X NA
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• Recreation Yes ____ No X NA
• Environment Yes ____ No X NA
• Education Yes ____ No X NA
Explain: NA.
ALTERNATIVES
• Adopt Resolution No. approving a Public Meeting Decorum Policy. • Do not adopt Resolution No. 2024-54 and provide Staff with direction.
BUDGET IMPACT
There is no direct financial impact associated with adoption of the proposed Public Meeting Decorum Policy.
CONCLUSION
It is recommended that the City Council consider and adopt Resolution No. 2024-54, A Resolution of the City Council of the City of Gonzales adopting a Public Meeting Decorum Policy.
PUBLIC NOTICE
None required.
Attachments:
1. Resolution No. 2024-54
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RESOLUTION NO. 2024-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
ADOPTING A PUBLIC MEETING DECORUM POLICY
WHEREAS, many cities throughout the nation and in the State of California have adopted policies and rules to establish decorum and enhance civility at public meetings; and WHEREAS, Government Code Sections 54954.3, 54957.9 and 54957.95 provide that the City Council may adopt reasonable regulations concerning public input at public meetings, including limitations on the time allocated for public testimony, the type of conduct that may be considered as disruptive of meeting proceedings, and procedures that provide for removal of persons whose behavior is disrupting a meeting; and
WHEREAS, the City of Gonzales has a strong commitment to the democratic process, individual rights of expression, robust debate, and tolerance for disparate views, with such expression and debate conducted in a civil manner; and
WHEREAS, the City Council of the City of Gonzales, and the City’s boards and commissions, often conduct meetings at which consideration of controversial issues may engender passionate and often conflicting opinions; and WHEREAS, intentional behavior designed to disrupt a meeting, impropriety, incivility, and disrespect at these public meetings can stifle participation and debate, threaten the quality of decisions, and undermine the democratic process; and
WHEREAS, numerous cities throughout the country, including cities in Monterey County, have experienced recent problems with “hate speech” and other types of disruptive conduct, and the City of Gonzales has recently experienced an uptick in public conduct that has been disruptive to Council business; and
WHEREAS, adopting rules of decorum and civility applicable to all public meetings will ensure that civic engagement and local democracy continues unabated in Gonzales; and WHEREAS, appropriate and reasonable rules of decorum and civility will enable the Mayor and/or presiding officer to conduct an orderly meeting, while respecting participation of the Public; and
WHEREAS, Staff has prepared a “Public Meeting Decorum Policy” incorporating the provisions of applicable law on said topic for Council consideration; and WHEREAS, the proposed Public Meeting Decorum Policy is meant to supplement existing law and Council rules and policies and provide clear guidance on dealing with disruptive conduct, and is not meant to supplant existing law, policies and rules.
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Attachment: Resolution No. 2024-54 (3076 : Resolution No. 2024-54 Adopting a Public Meeting Decorum Policy) NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Gonzales hereby adopts a “Public Meeting Decorum Policy,” a copy of which is attached hereto as Exhibit A and by this reference incorporated herein.
PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular public meeting thereof held on the 19th day of August, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
______________________________________
Jose L. Rios, The Honorable Mayor
ATTEST:
___________________________________
Mary Villegas, Deputy City Clerk
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Attachment: Resolution No. 2024-54 (3076 : Resolution No. 2024-54 Adopting a Public Meeting Decorum Policy) 4865-7638-4466 v1
Gonzales City Council
Public Meeting Decorum Policy
Section 1. Purpose and Application.
The City intends to facilitate public participation and the free exchange of ideas during public meetings. The purpose of this City of Gonzales Public Meeting Decorum Policy (“Decorum Policy”) is to is to promote mutual respect, civility, and orderly conduct in all public meetings.
The Decorum Policy is not intended to deprive any person of their rights to public participation under applicable law.
This Policy shall apply to any public meeting of the City Council, any commission, committee, board or other public body of the City.
Section 2. General Provisions.
The procedures described in this Policy are not exclusive, and shall not preclude other rights, remedies, and procedures authorized by federal, state, or local law. A breach of this Policy shall in no event be construed to invalidate any act taken by the City Council, commission, board or other public body holding the meeting at which a violation occurred, or to otherwise limit the authority of the Mayor or other presiding officer, the majority of the City Council, the City Attorney, or their designees.
Section 3. Conduct at Public Meetings.
(a) Any person who engages in behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of any City Council meeting shall, upon an order by the Mayor, or the presiding officer or their designee (“Presiding Officer”), or a majority of the City Council, be barred from further audience before the City Council during that meeting. (b) Examples of disruptive behavior. Examples of behavior that can actually disrupt, disturb, or otherwise impede the orderly conduct of a City Council meeting include, but are not limited to, the following:
(i) Speaking without being recognized by the Presiding Officer. (ii) Continuing to speak after the allotted time has expired. (iii) Speaking on an item at a time not designated for discussion by the public of that item.
(iv) Throwing objects.
(v) Interrupting a person who is speaking to the City Council during such person's allotted time.
(vi) Preventing a person from speaking to the City Council during such time as is allocated for comments from the public.
EXHIBIT A
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Attachment: Resolution No. 2024-54 (3076 : Resolution No. 2024-54 Adopting a Public Meeting Decorum Policy) 4865-7638-4466 v1
(vii) Uttering loud, threatening, or abusive language that actually disrupts, disturbs or otherwise impedes the orderly conduct of the City Council meeting. (viii) Clapping, whistling, stomping feet, and sign waving that actually disrupts, disturbs or otherwise impedes the orderly conduct of the City Council meeting.
Section 4. Enforcement. The rules of conduct for City Council meetings set forth in this Policy shall be enforced in the following manner:
(a) Warning. Whenever practicable the Presiding Officer, or a majority of the City Council, shall give a warning to a person whose behavior is actually disrupting, disturbing or otherwise impeding the orderly conduct of a public meeting. The warning shall identify the disruptive behavior and the manner in which the person must comply and inform them that failure to cease the disruptive behavior may result in their removal. A warning shall not be necessary when it would not be effective due to extraordinary circumstances. Examples of extraordinary circumstances in which no warning is required include, but are not limited to, behavior that constitutes use of force or a true threat of force. (b) Recess. If, after receiving a request from the Presiding Officer or majority of the Council, the person persists in violating this Policy, the Presiding Officer may order a recess. Any representative of law enforcement who is present at the meeting when the violation occurs shall be authorized to warn the person that their conduct is violating the Policy, that they are requested to cease such conduct, and that failure to cease the behavior may result in their removal from the meeting.
(c) Order barring person from meeting. The Presiding Officer, or a majority of the City Council, may issue an order barring a person or group of persons from the remainder of a public meeting following a warning pursuant to Section 4(a). The Presiding Officer may order the removal of a person or group without a warning, pursuant to Section 4(a) and without ordering a recess pursuant to Section 4(b) where the person’s or group’s behavior constitutes a use of force or true threat of force.
(d) Removal. If a person or group barred from the remainder of a public meeting does not voluntarily exit the meeting chambers or other location where the Council or other governmental body is meeting, the Presiding Officer, or a City Council majority, may direct the Sergeant-at-arms to remove that person or group from the meeting chambers and exclude them for the remainder of that meeting.
(e) Clearing the Room. Pursuant to Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a person or groups of persons so as to disrupt, disturb or otherwise impede the orderly conduct of such meeting and order cannot be restored by the removal of the individual or individuals who are willfully interrupting the meeting, the legislative body may order that the meeting room be cleared and the meeting shall continue in session. The motion to clear the room shall be by a vote of not less than three members of the legislative body in favor. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the Packet Pg. 91
Attachment: Resolution No. 2024-54 (3076 : Resolution No. 2024-54 Adopting a Public Meeting Decorum Policy) 4865-7638-4466 v1
disturbance, shall be allowed to attend any session held pursuant to Government Code Section 54957.9.
Section 5. Unlawful behavior. The following conduct shall be unlawful:
(a) Engaging in behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of a public meeting after receiving a warning at that meeting from the Presiding Officer.
(b) Refusing to leave the meeting chambers after being barred for the remainder of the public meeting by the Presiding Officer, or a City Council majority. (c) Returning to the meeting chambers before the conclusion of a public meeting after being barred for the remainder of that meeting by the Presiding Officer or a City Council majority.
(d) Substantially impairing the conduct of a public meeting by knowingly and intentionally violating these Rules of Decorum pursuant to Penal Code Section 403.
Section 6. Sergeant-at-arms. The Police Chief, or such members of the Police Department as he or she may designate, shall attend each City Council meeting and shall be the Sergeant-at-arms of the City Council (or other City body) unless otherwise directed by the City Manager. The Sergeant-at-arms shall carry out all lawful orders given by the Presiding Officer or a majority of the City Council for the purpose of maintaining order at City Council meetings.
The Sergeant-at-arms shall have the authority and power to enforce the orders of the Presiding Officer, or a majority of the City Council relating to the order and conduct of City Council meetings. Any Council Member may move to require the Presiding Officer to enforce the rules of conduct and a majority vote of the Council shall require him or her to do so.
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Attachment: Resolution No. 2024-54 (3076 : Resolution No. 2024-54 Adopting a Public Meeting Decorum Policy)