Cities Index.
Agenda packet

Gonzales City Council
June 2, 2025

Document
Agenda packet
Meeting
June 2, 2025
Body
Gonzales City Council
Pages
29
Original file
24.4 MB
Text extracted from the city's file for reading and search. Open the original on gonzalesca.iqm2.com. That file is the official record.

FY 2024/25 FEE REVISION FY 2025/26 FEE NOTES
Cable Franchise Fee 5% of Gross
Annual Amount No Change 5% of GrossAnnual Amount
Convenience Fees
- Per credit card transaction less than $250 $3.00 No Change $3.00 Based on Credit Card Fees - Per credit card transaction $250 or more 3.50% No Change 3.50% Based on Credit Card Fees Fireworks Sales Stand Permit $25.00 No Change $25.00
Hourly Rate for City Staff & Consultants Developer Accounts, Special Events, Encroachment Permits, etc.
- Administrative Staff $50.00 No Change $50.00 Fully Burden Rate per City's Compensation Schedule - Building Official Actual Costs plus 10% No Change Actual Costs plus 10% - City Manager $160.00 No Change $160.00 Fully Burden Rate per City's Compensation Schedule - Code Enforcement Personnel Actual Costs plus 10% No Change Actual Costs plus 10% - Community Development Director $125.00 No Change $125.00 Fully Burden Rate per City's Compensation Schedule - Fire Chief $125.00 No Change $125.00 Fully Burden Rate per City's Compensation Schedule - Police Chief $125.00 No Change $125.00 Fully Burden Rate per City's Compensation Schedule - Public Works Director/City Engineer $150.00 No Change $150.00 Fully Burden Rate per City's Compensation Schedule - Public Works Field Personnel Regular Rate $50.00 No Change $50.00 Fully Burden Rate per City's Compensation Schedule - Public Works Field Personnel Overtime Rate $65.00 No Change $65.00 Fully Burden Rate per City's Compensation Schedule - Public Works Supervisor $70.00 No Change $70.00 Fully Burden Rate per City's Compensation Schedule Notary Per Notary No Change Per Notary
Photocopying & Reproduction Costs
- Document Photocopying - per page (8.5" x 11") $1.00/$0.15 No Change $1.00/$0.15 $1.00 for the first page, then $0.15 per page thereafter - Document Photocopying - per page (larger size up to 11" x 17") $1.00/$0.25 No Change $1.00/$0.25 $1.00 for the first page, then $0.25 per page thereafter Returned Check Charge $25.00 No Change $25.00
Telecommunication
- Registration Fee $500.00 No Change $500.00
- Standard Agreement Deposit $5,000.00 No Change $5,000.00 - Utility Franchise Fee 5% of Gross
Annual Amount No Change 5% of Gross Annual Amount
Utility Users Tax
- Residential (Gas, Electric and Phone)¹ 4% of Charges No Change 4% of Charges - Non-residential (Gas, Electric)¹ 2% of Charges No Change 2% of Charges - Non-residential (Phone)¹ 4% of Charges No Change 4% of Charges - Penalty for Nonpayment 10% of Balance No Change 10% of Balance ¹ Not to exceed $1,000 monthly

ADMINISTRATION /FINANCE

DESCRIPTION OF FEES

Page 3 of 29 ends

# DESCRIPTION OF FEES FY 2024/25 FEE REVISION FY 2025/26 FEE NOTES Building Permit Fees
1 Building Permit
$125 minimum fee based on verified
construction valuation, plus 7% Systems
Automation Fee (SAF)
Revised
Based off of valuation or $125 minimum fee
(whichever is higher), plus 7% Systems Automation
Fee (SAF)
See "Valuation Table" Below
2 Demolition Permit Actual Cost + 7% SAF Revised $300 + 7% SAF 3 Electrical Permit $125 or $0.078 Sq. Ft. + 7% SAF
(whichever is larger) Revised $125.00 minimum + Additonal Field Inspections or $0.078 Sq. Ft. + 7% SAF (whichever is higher)
4 Excavation Permit Minimum $158 or Actual Cost + 7%
SAF (whichever is larger) No Change Minimum $158 or Actual Cost + 7% SAF (whichever is larger) 5 Grading Permit (Minimum Charges) Minimum $158 or Actual Cost + 7% SAF (whichever is larger) No Change Minimum $158 or Actual Cost + 7% SAF (whichever is larger) 6 Mechanical Permit $158 or $0.078/Sq. Ft. + 7% SAF
(whichever is larger) Revised $158.00 minimum + Additonal Field Inspection or $0.078/Sq. Ft. + 7% SAF (whichever is higher)
7 Fire Permit Minimum $158 + 7% SAF No Change Minimum $158 + 7% SAF 8 Plumbing Permit $158 or $0.17/Sq. Ft. + 7% SAF
(whichever is larger) No Change $158 or $0.17/Sq. Ft. + 7% SAF (whichever is larger) Energy Plan Check
9 Residential $250.00 No Change $250.00
10 Nonresidential Actual Cost (plus) 20% No Change Actual Cost (plus) 20% 15 kW or less: Up to $355 + 7% SAF
More than 15 kW: Up to $355 + $15/kW above 15
kW (+7%SAF)
50 kW or less: Up to $850 +7% SAF
50 kW – 250 kw: Up to $850 + $7 per kW above 50
kW (+7% SAF)
More than 250 kW: Up to $2,250 + $5 per kW above
250 kW (+7% SAF)
PV Solar

BUILDING DIVISION
12 Nonresidential N/A New
11 Residential N/A New

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# DESCRIPTION OF FEES FY 2024/25 FEE REVISION FY 2025/26 FEE NOTES Fees
13 Construction & Demolition Diversion
Monitoring $250 + 7% SAF Revised $50 + 7% SAF
14 Certificate of Occupancy ( COO) $188.00 No Change $188.00 15 Field Inspection $188.00 Revised Hourly Rate or Actual Cost 16 Notice of Construction Code Violation Actual Cost No Change Actual Cost 17 Plan Check 75% of Building Fee, plus 7% SAF No Change 75% of Building Fee, plus 7% SAF 18 Plan Revision
80% of Original Plan Check Fee (or)
Actual Costs plus 20%; Whichever is
Higher
No Change 80% of Original Plan Check Fee (or) Actual Costs plus 20%; Whichever is Higher
Fee name revised from Plan Check
Resubmittal to Plan Revision for clarity.

Additional plan review due to changes,
additions and/or revisions to approved plans
19 Plan Check - Plot Plan Resubmittal 20% of Original Plan Check Fee No Change 20% of Original Plan Check Fee 20 Sign Plan Check $148.00 No Change $148.00
21 Training Surcharge 4% of Permit Fee No Change 4% of Permit Fee 22 Real Property Records Review Fee $50.00 No Change $50.00 23 Site Drainage Plan Check Review Equal to Site Drainage Fee No Change Equal to Site Drainage Fee One Hour Minimum 24 Hazardous Materials Inspection Actual Costs, plus 10% No Change Actual Costs, plus 10% 25 Work Without a Permit Investigation Equal to Permit Fee Revised Double the Permit Fee 26 Duplicate Building Records N/A New $50 plus $1 for first page and $0.15 for each additional page Per Request
Fire Sprinkler Plan Check (Minimum Charges)
28 Residential $250.00 No Change $250.00
29 Nonresidential $375.00 No Change $375.00
State Fees
30 ADA Surcharge $4.00 No Change $4.00 DSA CGC
31 Building Standards Administration $1 per $25,000 valuation No Change $1 per $25,000 valuation CGC 18931.6 32 SMIP Fees Per State Valuation Fee Table No Change Per State Valuation Fee Table Residential and Commercial Underground Storage Tank
33 Operating Permit (1-5 Tanks/annually) $158.00 No Change $158.00 34 Each Additional Tank (annually) $50.00 No Change $50.00 35 Permit to Construct or Modify $158.00 No Change $158.00 36 Permit to Abandon $126.00 No Change $126.00
BUILDING DIVISION (continued)

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$501 to $2000 $125 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2000.00 Valuation Table
FY 2025 to 2026
Total Valuation Fee
$1.00 to $500.00 $125.00
$2,001.00 to $25,000.00 $170.75 for the first $2,000.00 plust $14.00 for each additional $1,000.00, or fraction thereof to and including $25,000.00 $25,001.00 to $50,000.00 $492.75 for the first $25,000.00 plust $10.10 for each additional $1,000.00, or fraction thereof to and including $50,000.00 $50,000.00 to $100,000.00 $ 745.25 for the first $50,000.00 plust $7.00 for each additional $1,000.00, or fraction thereof to and including $100,000.00 $100,001.00 to $500,000.00 $1,095.25 for the first $100,000.00 plust $5.60 for each additional $1,000.00, or fraction thereof to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,335.25 for the first $500,000.00 plust $4.75 for each additional $1,000.00, or fraction thereof to and including $1,000,000.00 $1,000,001.00 and up $5,710.25 for the first $1,000,000.00 plust $3.15 for each additional $1,000.00, or fraction thereof Note: Fees are subject to an annual CPI increase

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# DESCRIPTION OF FEES FY 2024/25 FEE REVISION FY 2025/26 FEE NOTES 1 Automobile Dealer $ 165.00 - $665.000 No Change $ 165.00 - $665.000 GCC 4.04.230. Based on annual gross sales provided by applicant 2 Contractor $ 80.00 - $ 800.00 No Change $ 80.00 - $ 800.00 GCC 4.04.230. Based on annual gross sales provided by applicant 3 Other Businesses $ 60.00 - $1,000.00 No Change $ 60.00 - $1,000.00 GCC 4.04.230. Based on annual gross sales provided by applicant 4 Profession or Service $ 50.00 - $ 1,000.00 No Change $ 50.00 - $ 1,000.00 GCC 4.04.230. Based on annual gross sales provided by applicant 5 Retail Sales $ 50.00 - $ 1,000.00 No Change $ 50.00 - $ 1,000.00 GCC 4.04.230. Based on annual gross sales provided by applicant 6 Wholesale/Industry/Manufacturing $ 60.00 - $ 555.00 No Change $ 60.00 - $ 555.00 GCC 4.04.230. Based on annual gross sales provided by applicant 7 Business License Copy $5.00 No Change $5.00
Note: Business License ordinances under review for FY 2025-2026. Subject to change.

Additional Fees
8 ADA Surcharge $4.00 No Change $4.00 State Fee
9 Annual Fire Inspection & Reinspection $130.00 No Change $130.00 # DESCRIPTION OF FEES FY 2024/25 FEE REVISION FY 2025/26 FEE NOTES Consultant Fees Contracted Building Official or municipal services agency price 1 Investigation Fees Actual Cost, plus 10% No Change Actual Cost, plus 10% 2 hour minimum 2 Re-Inspection Fees Actual Cost, plus 10% No Change Actual Cost, plus 10% 1 hour minimum 3 Rental Unit Inspection Fees
(Every Three Years, and per Ordinance) Actual Cost, plus 10% No Change Actual Cost, plus 10% 4 Costs of Certified Mail and Postage Actual Cost, plus 10% No Change Actual Cost, plus 10%

BUSINESS LICENSES

CODE ENFORCEMENT DIVISION

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# DESCRIPTION OF FEES FY 2024/25
FEES REVISION FY 2025/26 FEES NOTES
Administrative Charges
1 Annual Fire Inspection & Reinspection $130.00 No Change $130.00 2 Plan Review Actual Cost with a $125
minimum No Change Actual Cost with a $125 minimum
3 Commercial Plan Review
(Charges based on Building Code)
Fees Based on Uniform
Building Code No Change Fees Based on Uniform Building Code 4 Special Fire Inspection
(Per Hour/One Hour Minimum) $120.00 No Change $120.00
5 Weed Abatement Reinspection $120.00 No Change $120.00 6 Burn Permit Inspection No charge No Change No charge Based on agreement with Rural District
Response Charges
7 False Alarm Fee (after the first one per month) $50.00 No Change $50.00 8 Fire Hydrant Flow Test (Per Location) $89.00 No Change $89.00 Recovery of Public Safety Service Costs
9 Recovery of Fire Department Response (Per Hour) for Alcohol-related Accidents $205.00 No Change $205.00
10 Motor Vehicle Accident - Level 1 $435.00 Revised $618.00 11 Motor Vehicle Accident - Level 2 $495.00 Revised $705.00 12 Motor Vehicle Accident - Extrication $1,305.00 Revised $1,859.00 13 Vehicle Fire $605.00 Revised $860.00
14 Aircraft Landing Zone $400.00 Revised $567.00
15 Hazardous Materials - Basic Response $700.00 Revised $999.00 16 Hazardous Materials - Intermediate Response $2,500.00 Revised $3,566.00 17 Pipeline Incident $400.00 No Change $400.00
18 Illegal and Negligent Fire (per hour, per engine) $400.00 Revised $568.00 19 Chief Officer Response (per hour) $250.00 Revised $356.00 20 Additional on-scene time for all incidents (per hour, per engine) $400.00 Revised $568.00

FIRE DEPARTMENT

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FY 2024/2025 FEES:

Circulation
System Impact
Fees
Fire Capital
Facilities
Mitigation Fees
General City
Facilities
Mitigation Fees
Parkland and Park
Facilities Mitigation
Fees (Non -
Subdivisions)
Parkland and
Park Facilities
Mitigation Fees
(Subdivisions)
Police Capital
Facilities
Mitigation Fees
Sanitary Sewer
Facilities
Mitigation Fees
Water Facilities
Mitigation Fees
Within Existing City Limits
Single Family Residential $889.09 $2,719.63 $5,248.36 $10,010.17 $10,701.81 $318.55 $7,441.08 $14,120.71 Multi - Family Residential $595.64 $2,202.54 $4,248.00 $8,104.36 $8,663.99 $257.45 $6,026.18 $11,438.17 Mixed Use/Commercial $2,470.91 $717.82 $704.73 N/A N/A $42.54 $4,389.81 $6,495.27 Industrial/Manufacturing $737.45 $394.91 $387.27 N/A N/A $22.91 $4,910.18 $3,247.63 Future Growth Area
Single Family Residential $16,280.71 $1,336.36 $5,248.36 $10,010.17 $10,701.81 $1,037.45 $11,296.35 $2,621.45 Multi - Family Residential $10,907.99 $1,081.09 $4,248.00 $8,104.36 $8,663.99 $840.00 $9,149.45 $2,122.91 Mixed Use/Commercial $45,258.50 $351.27 $704.73 N/A N/A $139.64 $6,665.45 $1,206.54 Industrial/Manufacturing $13,513.08 $193.09 $387.27 N/A N/A $76.36 $7,455.27 $603.27 Industrial Business Park
Industrial/Manufacturing $3,957.81 $394.91 $387.28 N/A N/A $22.91 $4,910.18 $3,247.63 Note: Adjusted based on ENR Construction Cost Index Increase of: 3.60% Circulation
System Impact
Fees
Fire Capital
Facilities
Mitigation Fees
General City
Facilities
Mitigation Fees
Parkland and Park
Facilities Mitigation
Fees (Non -
Subdivisions)
Parkland and
Park Facilities
Mitigation Fees
(Subdivisions)
Police Capital
Facilities
Mitigation Fees
Sanitary Sewer
Facilities
Mitigation Fees
Water Facilities
Mitigation Fees
Within Existing City Limits
Single Family Residential $914.87 $2,798.50 $5,400.56 $10,300.47 $11,012.16 $327.78 $7,656.87 $14,530.21 Multi - Family Residential $612.91 $2,266.42 $4,371.19 $8,339.38 $8,915.25 $264.92 $6,200.93 $11,769.88 Mixed Use/Commercial $2,542.56 $738.63 $725.16 N/A N/A $43.77 $4,517.12 $6,683.63 Industrial/Manufacturing $758.84 $406.36 $398.50 N/A N/A $23.57 $5,052.57 $3,341.81 Future Growth Area
Single Family Residential $16,752.85 $1,375.12 $5,400.56 $10,300.47 $11,012.16 $1,067.54 $11,623.95 $2,697.47 Multi - Family Residential $11,224.32 $1,112.44 $4,371.19 $8,339.38 $8,915.25 $864.36 $9,414.78 $2,184.47 Mixed Use/Commercial $46,571.00 $361.46 $725.16 N/A N/A $143.69 $6,858.75 $1,241.53 Industrial/Manufacturing $13,904.96 $198.69 $398.50 N/A N/A $78.58 $7,671.47 $620.77 Industrial Business Park
Industrial/Manufacturing $4,072.59 $406.37 $398.51 N/A N/A $23.57 $5,052.57 $3,341.81 Note: Adjusted based on ENR Construction Cost Index Increase of: 2.90%

IMPACT MITIGATION FEES
PROPOSED FY 2025/2026 FEES:

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DESCRIPTION OF FEES FY 2024/25 FEE REVISION FY 2025/26 FEE NOTES Fee based upon total number of permitted occupancy $200 + $27 per occupant No Change $200 + $27 per occupant State HCD Rate, HCD 204 (rev.11/13) 1 05 - 10 Employees $135.00 No Change $135.00
2 11 - 25 Employees $250.00 No Change $250.00
3 26 - 50 Employees $350.00 No Change $350.00
4 51 - 100 Employees $500.00 No Change $500.00
5 101(+) Employees $800.00 No Change $800.00
6 Amendment to Permit $10.00 No Change $10.00
# DESCRIPTION OF FEES FY 2024/25 FEE REVISION FY 2025/26 FEE NOTES Administrative Fee Actual Cost, plus 10% No Change Actual Cost, plus 10% Amendments to Planning Documents
1 General Plan Amendment, Sphere of Influence Amendment, Zoning Amendment and Annexation⁷
$5,000 deposit - Actual Costs, plus 10%
admin fee No Change $5,000 deposit - Actual Costs, plus 10% admin fee Copies of Documents
3 General Plan (Printed copy with color diagrams (8-1/2x11) General Plan Elements (Black and White - Per Page) Actual Costs plus 20% No Change Actual Costs plus 20% 4 All Planning Documents - per page $1.00/$0.15 No Change $1.00/$0.15 $1.00 for the first page, then $0.15 per page thereafter 5 Land Use Diagram or Zoning Map Actual Costs plus 20% No Change Actual Costs plus 20% Document Filing (AB 3158 - Department of Fish & Game)
2 County Document Handling Fee Actual Cost No Change Actual Cost This fee is collected at the County Recorder's Office once a project has been approved. Should be filed within 5 days of decision.

Environmental Review / CEQA & NEPA
6 Initial Study/Environmental Impact Report Preparation (CEQA)⁷
$20,000 deposit - (CEQA) - All actual costs
to be recovered, plus 10% admin fee No Change $20,000 deposit - (CEQA) - All actual costs to be recovered, plus 10% admin fee Costs include the preparation of environmental review documents, inclusive of staff, Consultant costs and City administration time.

Projects may be subject to an RFP process and competitive bids.

Choice of contractor remains with the City for both scope and price. 7 Notice of Exemption Filing Fee Actual Cost No Change Actual Cost This fee is collected at the County Recorder's Office once a project has been approved. Should be filed within 5 days of decision. 8 Negative Declaration Fee to be paid out of CEQA Deposit No Change Fee to be paid out of CEQA Deposit Effective January 1, 2025 Negative Declaration filing fee is $2,968.75. (Subject to Department of Fish and Wildlife Service Revision)
9 Environmental Impact Report Fee to be paid out of CEQA Deposit No Change Fee to be paid out of CEQA Deposit Effective January 1, 2025, Environmental Impact Report filing fee is $4,123.50 (Subject to Department of Fish and Wildlife Service Revision)

PLANNING DEPARTMENT
LABOR CAMP; ANNUAL PERMIT TO OPERATE

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# DESCRIPTION OF FEES FY 2024/25 FEE REVISION FY 2025/26 FEE NOTES Four Lots or Less
10 Tentative Parcel Map⁷
$7,500 deposit -
All actual costs to be recovered, plus 10%
admin fee
No Change
$7,500 deposit -
All actual costs to be recovered, plus 10%
admin fee
Five Lots or More
11 Tentative Tract Map⁷
$10,000 deposit -
All actual costs to be recovered, plus 10%
admin fee
No Change
$10,000 deposit -
All actual costs to be recovered, plus 10%
admin fee
12 Extend Tentative Map Expiration ⁷
$5,000 deposit -
All actual costs to be recovered, plus 10%
admin fee
No Change
$5,000 deposit -
All actual costs to be recovered, plus 10%
admin fee
13 Final Map review ⁷
$5,000 deposit -
All actual costs to be recovered, plus 10%
admin fee
No Change
$5,000 deposit -
All actual costs to be recovered, plus 10%
admin fee
Permits and Licenses
14 Conditional Use or Site Plan Permit and Amendments⁷
Minor: $1,200 deposit plus actual cost and
10% admin fee; Major: $5,000 deposit plus
actual cost and 10% admin fee
No Change
Minor: $1,200 deposit plus actual cost and
10% admin fee; Major: $5,000 deposit plus
actual cost and 10% admin fee
15 Variance Or Exception Exception Deposit = $1,200;
Variance Deposit= $5,000 No Change Exception Deposit = $1,200; Variance Deposit= $5,000 16 Density Bonus⁷ $5,000 deposit- Actual Costs to be recovered , plus 10% admin fee No Change $5,000 deposit- Actual Costs to be recovered , plus 10% admin fee 17 Arcade Conditional Use Permit Renewal (Annual) $82.00 No Change $82.00 Fixed Annual Fee 18 Cottage Food Permit $210.00 No Change $210.00
19 Home Occupation Permit $125.00 No Change $125.00
20 Location License for Game Machines (Annual) $33.00 No Change $33.00 21 Sign Permit (per sign) $176.00 No Change $176.00
22 Comprehensive Sign Permit⁷ $1,200 deposit- Actual Costs to be recovered, plus 10% admin fee No Change $1,200 deposit- Actual Costs to be recovered, plus 10% admin fee 23 Temporary Signs & Banners $45.00 No Change $45.00
24 Site Plan Permit Renewal $89.00 No Change $89.00
25 Temporary Use of Land Permit $125.00 No Change $125.00 Property Configurations and Certifications
26 Lot Line Adjustment⁷ $1,200 deposit- Actual Costs to be recovered , plus 10% admin fee No Change $1,200 deposit- Actual Costs to be recovered , plus 10% admin fee 27 Lot Merger⁷ $1,200 deposit- Actual Costs to be recovered , plus 10% admin fee No Change $1,200 deposit- Actual Costs to be recovered , plus 10% admin fee 28 Certificate of Compliance/Status of Parcel Legality $2,000 deposit No Change $2,000 deposit Actual Costs to be recovered.

PLANNING DEPARTMENT (continued)

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# DESCRIPTION OF FEES FY 2024/25 FEE REVISION FY 2025/26 FEE NOTES Other Fees
29 Appeal Fee $64.00 No Change $64.00
30 Registration of Abandoned Residential Property (annual fee) $107.00 No Change $107.00 32 Pre-application/Development Review Meeting
(4 hour minimum deposit) $500 deposit No Change $500 deposit Actual costs to be recovered. If a formal Development Application is submitted to the City of Gonzales within 6 months of a pre-application review meeting, staff will credit the remaining deposit towards the formal project submittal.
33 Condition Compliance and Mitigation Monitoring and
Reporting Program $5,000 deposit No Change $5,000 deposit Actual Costs to be recovered. 34 Reinspection Fee $62.50 No Change $62.50
35 Development Agreement $5,000 deposit- Actual Costs to be recovered No Change $5,000 deposit- Actual Costs to be recovered ⁷ Where Actual Costs are recovered, applicant shall deposit amount stated. Total charges are defined as all expenses incurred in connection with the processing of the specific Project by the City. Expenses include, but are not limited to, all Planning, Engineering, Legal, and Consultation Fees, as well as other Similar Charges. Hourly Staff Costs will be calculated in accordance with Hourly Rates for City Staff & Consultants. All expenses and staff costs are subject to a 10% administrative fee.

PLANNING DEPARTMENT (continued)

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FY 2024/25 FEE REVISION FY 2025/26 FEE NOTES
1 Alarm Response (After one Per Month) $50.00 No Change $50.00 Per 4.08.100 GMC 3 Alcohol Permit Processing $11.00 No Change $11.00
4 Background Letters $33.00 No Change $33.00
5 Card Dealer Permit $63.00 No Change $63.00
6 Citation Sign-Off $16.00 No Change $16.00
7 Police Reports (per page) $1.00 No Change $1.00
8 Pool Table Permit $33.00 No Change $33.00
9 Repossessed Vehicle Release Letter $100.00 Revised $15.00 10 Taxicab License (Annual/Per Vehicle) $33.00 No Change $33.00 11 Vehicle I.D. Verification $30.00 No Change $30.00
12 Vehicle Release From Impound $109.00 No Change $109.00 13 Verification of Loss $20.00 No Change $20.00
14 Annual Renewal $8.00 No Change $8.00
15 Transfer $2.50 No Change $2.50
16 Annual Renewal $12.00 No Change $12.00
17 Initial Issue $63.00 No Change $63.00
18 Annual Renewal $126.00 No Change $126.00
19 Each Event $33.00 No Change $33.00
20 Hunting Tag Verification $22.00 No Change $22.00
21 Standard Fee $30.00 + cost No Change $30.00 + cost
22 Alta Mall - Annual/Per Vehicle $33.00 No Change $33.00 23 C Street - Biennial/Per Vehicle $64.00 No Change $64.00 every two years Bingo License
Dance Hall Permit

POLICE DEPARTMENT

DESCRIPTION OF FEES
Administration
Bicycle License
Fingerprinting
Parking Permit

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DESCRIPTION OF FEES FY 2024/25 FEE REVISION FY 2025/26 FEE NOTES 24 Initial Fee $126.00 No Change $126.00
25 Annual Renewal $72.00 No Change $72.00
26 Alcohol or Drug Related Vehicle Accident Response per hr. $205.00 No Change $205.00 27 Recovery of Public Safety Service Costs/Response to Hazardous Substance Spills, Refuse, Dumping, Willfully or Negligently Setting Fires (Per hour, plus Materials and Direct Costs)
$205.00 No Change $205.00
28 Annual Fee $30.00 No Change $30.00
29 Annual fee If Animal is Spayed or Neutered
(Initial Issue may be pro-rated by Month) $15.00 No Change $15.00 30 Cat (Per Day) $7.00 No Change $7.00
31 Dog (Per Day) $11.00 No Change $11.00
32 Initial Issue $39.00 No Change $39.00
33 Annual Renewal $26.00 No Change $26.00
34 Appeal of Revocation $20.00 No Change $20.00
35 Animal Impounding $27.00 No Change $27.00
36 Redemption of Impounded Animal $11.00 No Change $11.00 37 Vaccination Fee $26.00 No Change $26.00
POLICE DEPARTMENT (continued)
Peddler's License
Recovery of Public Safety Service Costs - Police

ANIMAL CONTROL
Animal License
Care and Feeding of Animals
Livestock, Domestic Fowl, Wild Animal or Bee Permit
Other Fees

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FY 2024/25 FEE REVISION FY 2025/26 FEE NOTES
Encroachment Permit
Minor $139.10 $3.76 $142.85 Adjustments Based on 2.7% Consumer Price Index Increase
Major (per day) $139.10 $3.76 $142.85 Adjustments Based on 2.7% Consumer Price Index Increase
Inspection, Second and Subsequent (each) $139.10 $3.76 $142.85 Adjustments Based on 2.7% Consumer Price Index Increase
Hazardous Material Registration
Initial Permit $104.59 $2.82 $107.42 Adjustments Based on 2.7% Consumer Price Index Increase
Annual Renewal $48.52 $1.31 $49.83 Adjustments Based on 2.7% Consumer Price Index Increase
Improvement Plans - Plan Check Actual Cost plus 10% No Change Actual Cost plus 10% Industrial Sewer Discharge
Permit Actual Cost plus 10% No Change Actual Cost plus 10% Analysis Actual Cost plus 10% No Change Actual Cost plus 10% Street Tree Removal $200.00 No Change $200.00 Refundable if tree is replaced $394.11 $10.64 $404.75 Adjustments Based on 2.7% Consumer Price Index Increase

PUBLIC WORKS DEPARTMENT
Recovery of Public Safety Service Costs for Hazardous Spills, Illegal Refuse or Dumping (per hour, plus Materials and Direct Costs)

DESCRIPTION OF FEES

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FY 2024/2025 FEES:

Description Resident Non - Resident¹
Junior Lifeguard As per Program Actual Cost As per Program Actual Cost plus 25% Private Pool Party - 1-50 people 4 hrs. $400.00 $500.00 Private Pool Party - 51-75 people 4 hrs. $525.00 $656.25 Barbeque Pit (per event) $25.00 $30.00
Deep water attraction - Climbing Wall (4 hrs) $50.00 n/a Reservation Fee (non-refundable) $50.00 $50.00
Youth (ages 4 - 17) $3.00 $3.75
Adults (ages 18 - 60 ) $4.00 $5.00
Seniors (over 60) $3.00 $3.75
Other Program Activities (per session) As per Activity Costs As per Program Actual Cost plus 25% Special Events As per Activity Costs As per Program Actual Cost plus 25% Swimming Lessons As per Activity Costs As per Program Actual Cost plus 25% Youth (8-17) $75.00 $93.75
Adult (18-59) $100.00 $125.00
Senior (60+) $75.00 $93.75
Fitness (14+) $75.00 $93.75
¹ NOTE : A 25% Non-resident surcharge is applied to all passes and programs.

RECREATION - POOL
Gonzales Community Pool is not available for commercial use.

Additional fees for pool parties only:

Pool Party
Public Open Swimming
Swim Pass (Seasonal)

Page 16 of 29 ends

PROPOSED FY 2025/2026 FEES:

Description Resident Non - Resident¹
Junior Lifeguard As per Program Actual Cost As per Program Actual Cost plus 25% Private Pool Party - 1-50 people 4 hrs. $475.00 $593.75 Private Pool Party - 51-75 people 4 hrs. $600.00 $750.00 Barbeque Pit (per event) $30.00 $30.00
Youth (ages 4 - 17) $3.00 $3.75
Adults (ages 18+) $5.00 $6.25
Other Program Activities (per session) As per Activity Costs As per Program Actual Cost plus 25% Special Events As per Activity Costs As per Program Actual Cost plus 25% Swimming Lessons As per Activity Costs As per Program Actual Cost plus 25% Youth (8-17) $75.00 $93.75
Adult (18+) $90.00 $112.50
Fitness (14+) $70.00 $87.50
Family Pass (Family of 4) $240
(Each additional person $40)
$300
(Each additional person $50)
¹ NOTE : A 25% Non-resident surcharge is applied to all passes and programs.

Additional fees for pool parties only:

Pool Party
RECREATION - POOL (continued)
Swim Pass (Seasonal)
Public Open Swimming

Page 17 of 29 ends

FY 2024/2025 FEES:

Description Resident Non - Resident
Programs
Adult Recreational Programs and Activities Based Upon Actual Costs Based Upon Actual Costs plus 25% Adult Special Interest Trips Based Upon Actual Costs Based Upon Actual Costs plus 25% Senior Special Interest Classes As per Activity Costs As per Program Actual Cost plus 25% Senior Special Interest Trips As per Activity Costs As per Program Actual Cost plus 25% Youth Special Interest Classes As per Activity Costs As per Program Actual Cost plus 25% Youth Special Interest Trips As per Activity Costs As per Program Actual Cost plus 25% Youth Sports As per Activity Costs As per Program Actual Cost plus 25% Youth Camps and Programs As per Activity Costs As per Program Actual Cost plus 25% Youth Recreational Programs- Other As per Activity Costs As per Program Actual Cost plus 25% Youth After-School Programs As per Activity Costs As per Program Actual Cost plus 25% PROPOSED FY 2025/2026 FEES:

Description Resident Non - Resident
Programs
Adult Recreational Programs and Activities Based Upon Actual Costs Based Upon Actual Costs plus 25% Senior Special Interest Classes As per Activity Costs As per Program Actual Cost plus 25% Youth Special Interest Classes As per Activity Costs As per Program Actual Cost plus 25% Youth Sports As per Activity Costs As per Program Actual Cost plus 25% Youth Camps and Programs¹ As per Activity Costs As per Program Actual Cost plus 25% Youth Recreational Programs- Other As per Activity Costs As per Program Actual Cost plus 25% Youth After-School Programs¹ As per Activity Costs As per Program Actual Cost plus 25% ¹Employees receive a 20% discount for each child. For families with two or more children, an additional $15 is deducted per child, followed by a 20% discount on the remaining total.

RECREATION - PROGRAMS

Page 18 of 29 ends

Resident Non - Resident Resident Non - Resident Resident Non - Resident 1 Key Deposit (Refundable) $100.00 $125.00 $100.00 $125.00 $200.00 $250.00 2 Reservation Fee (per hour) $20.00 $25.00 $20.00 $25.00 $50.00 $62.50 3 Non-Profit (Regular Recurring Use) - Annual Fee
(Monday thru Thursday Only) $100.00 $125.00 N/A N/A N/A N/A Desription of Fees
1 Non- Profit (Community)
2 Non - Profit (Outside of City)
3 For Profit
Amount
4 Application Fee $25.00
5 Repair of facility if damaged: Actual Costs
Amount
6 Cleaning Fee $70.00
7 Heating and / or AC Up to 4 hrs = $30.00
Up to 8 hrs = $60.00
8 Hourly Rate (to open & close event) $25.00
9 Lights $5/hour
10 Use of Bleachers $35.00
$200 + Direct Costs $350 + Direct Costs
$350 + Direct Costs
$550 + Direct Costs

RECREATION - FACILITY RENTALS

COUNCIL CHAMBERS
Class I: Gonzales Non-profit, Community &
Youth Organizations
Class II: Private Use by
Residents/Groups/Special Parties Class III: Commercial
FY 2024/2025 FEES AND PROPOSED FY 2025/2026 FEES:

Direct Costs
Additional Fees
Desription of Fees
Weekday $50 / Weekend $100 + Direct Costs
Weekday $25 / Weekend $50 + Direct Costs
Weekday $25 / Weekend $50 + Direct Costs

FAIRVIEW GYM
One Day Reservation Fees Monthly Reservation Fees
(Not exeed 3 days/week)
Seasonal Reservation Fees
(Up to 3 months)
Conditions:
1) Must be cleaned or a $200.00 security deposit will be required 2) Must be a local non-profit group that directly serves Gonzales Residents 3) Subject to authentication of non-profit status and proof of service to Gonzales Residents 4) Subject to booking availability
5) Events occurring Friday thru Sunday are subject to non-profit one time use fees Note: A 25% Surcharge is applied to all Class II & III Fees for Non-Resident Facilities Usage. The City reserves the right to require a cleaning deposit on any facility reservation. Certificate shall name the City of Gonzales as additional insured in the amount of $1,000,000.00. Assessment District-subsidized facilities are exempt from general usage.

NEW PROPOSED FEES:
$400 + Direct Costs
$200 + Direct Costs

Page 19 of 29 ends

Resident Non - Resident Resident Non - Resident Resident Non - Resident Ball Field (per use) $20.00 N/A $20.00 $25.00 $50.00 $62.50 Key Deposit (Refundable) $100.00 N/A $100.00 $125.00 $200.00 $250.00 Large BBQ Pits (not to include key deposit) $25.00 N/A $25.00 $31.25 $75.00 $93.75 Park Open Spaces No Charge N/A No Charge No Charge $150.00 $187.50 $25.00 N/A $25.00 $31.25 $100.00 $125.00
$50.00 N/A $50.00 $62.50 $25.00 $31.25
$100.00 N/A $100.00 $125.00 $25.00 $31.25
Soccer Field (per use) $20.00 N/A $20.00 $25.00 $200.00 $250.00 Key Checkout $25.00 N/A $25.00 $31.25 $25.00 $31.25
League Games $150.00 N/A $150.00 $187.50 $150.00 $187.50 Single Games $50.00 N/A $50.00 $62.50 $50.00 $62.50
Tournament Games $100.00 N/A $100.00 $125.00 $100.00 $125.00 Tournaments & Leagues $50.00 per
Tournament/Season N/A $50.00 per Tournament/Season
$62.50 per
Tournament/Season
$150.00 per
Tournament/Season
$187.50 per
Tournament/Season
Volleyball Courts N/A N/A N/A N/A
Field # 1 Softball / Multipurpose with a
$100.00 deposit
Field # 2 Little League Field with a $100.00
deposit
Power Outlets at all City Parks
Special Event Application Fee
Public Works Field Personnel Regular Rate
Public Works Field Personnel Overtime Rate
FY 2024/2025 FEES:

Security Deposits - Outdoor Facilities
Reservation Fee
(Tournament Use/Non-local Team)
Reservation Fee
(Tournament Use/Local Team)
Not Available for this Class
See Hourly Rate for City Staff
$50.00
$30.00 per day
$10 per hour
City-issued Insurance Policy for Special Events Based Upon Type of Event & Number of Attendees
$10 per hour
Staff Fees
See Hourly Rate for City Staff

RECREATION - PARKS
Description of Fees Class I: Gonzales Non-profit, Community & Youth Organizations
Class II: Private Use by
Residents/Groups/Special Parties Class III: Commercial
Reservation Fee (Per Use)
(Picnic Areas and Small BBQ Pits included)
Description of Fees FY 2024/2025 Fees
Centennial Park Ballfield Lights Cost
Other Fees

Page 20 of 29 ends

Resident Non - Resident Resident Non - Resident Resident Non - Resident Field (1 Day)² $25.00 $31.25 $20.00 $25.00 $50.00 $62.50 Field (Monthly)²
(Up to 3 months) $65.00 $81.25 $80.00 $100.00 $100.00 $125.00 Park (Per Use) ³
(Picnic Areas and Small BBQ Pits included) $25.00 $31.25 $25.00 $31.25 $100.00 $125.00 Park Open Spaces No Charge No Charge No Charge No Charge $150.00 $187.50 Tournament $100.00 $125.00 $125.00 $156.25 $150.00 $187.50 Volleyball Courts N/A N/A N/A N/A N/A N/A
² Field Fees are new fees
³ Name revised from Reservation Fee to Park for better clarity Special Event Application Fee
Vosti Restroom
Goal Posts/Batting Cages
Field # 1 Softball / Multipurpose
Field # 2 Little League Field
Key Deposit (Refundable)
Large BBQ Pits (not to include key deposit)
Power Outlets at all City Parks
Porta - A- Potty
Vosti
Porta - A- Potty
Vosti
NOTES
Deposit fees were updated to only include these new fees Deposit fees were updated to only include these new fees The rate stayed the same but the $100 deposit was removed Description of Fees
Description of Fees FY 2025/26 Fees
$50.00
No changes
$10 per hour The rate stayed the same but the $100 deposit was removed Reservation Add - Ons
City-issued Insurance Policy for Special Events Based Upon Type of Event & Number of Attendees
FY 2025/26 Fees
Security Deposits - Outdoor Facilities
Reservations
PROPOSED FY 2025/2026 FEES:
$50.00
$25.00
$150.00
No changes
$10 per hour
$100.00
Centennial Park Ballfield Lights Cost
MISC Fees
NOTES
RECREATION - PARKS (continued)
$50.00
$50.00
Description of Fees Class I: Gonzales Non-profit, Community & Youth Organizations
Class II: Private Use by
Residents/Groups/Special Parties Class III: Commercial
$30.00
$30.00 per day
Restrooms (1 day OR Tournament)
Restrooms (monthly)
New Fee
New Fee
New Fee
No changes
Rate was revised to one amount for all classes
Changed to one rate for all classes
New Fee
$75.00

Page 21 of 29 ends

Batting Cages (per day)
> 1 Set
> 2 Sets
Public Works Field Personnel Regular Rate
Public Works Field Personnel Overtime Rate
RECREATION - PARKS (continued)
Sport Equipment Rentals
Description of Fees FY 2025/26 Fees NOTES
PROPOSED FY 2025/2026 FEES:

New Fee
Soccor Goals (per season)
See Hourly Rate for City Staff
See Hourly Rate for City Staff
No changes
No changes
Staff Fees
$50.00
$25.00
New Fee
New Fee
$25.00

Page 22 of 29 ends

FY 2024/25 FEE REVISION FY 2025/26 FEE NOTES
1-32 Gal Cart/Week - Pilot Program $30.49 TBD Based upon Tri-Cities Contract & SVSWA Fees 1-48 Gal Cart/Week $36.12 TBD Based upon Tri-Cities Contract & SVSWA Fees 1-64 Gal Cart/Week $56.52 TBD Based upon Tri-Cities Contract & SVSWA Fees 1-96 Gal Cart/Week $77.01 TBD Based upon Tri-Cities Contract & SVSWA Fees Call Back/Trip $10.81 TBD Based upon Tri-Cities Contract & SVSWA Fees Cart Exchange $43.34 TBD Based upon Tri-Cities Contract & SVSWA Fees Extra Can or Bag Pick-up $23.86 TBD Based upon Tri-Cities Contract & SVSWA Fees Over Loaded Can $10.81 TBD Based upon Tri-Cities Contract & SVSWA Fees Recycle Bin $15.96 TBD
Yard Waste $21.67 TBD
1-48 Gal Cart/Week $31.92 TBD Based upon Tri-Cities Contract & SVSWA Fees 1-64 Gal Cart/Week $51.67 TBD Based upon Tri-Cities Contract & SVSWA Fees 1-96 Gal Cart/Week (yard waste) ³ $71.57 TBD Based upon Tri-Cities Contract & SVSWA Fees Long Walk Service⁴ $27.52 TBD Based upon Tri-Cities Contract & SVSWA Fees Enclosure or Key/Lock Charge⁵ $27.52 TBD Based upon Tri-Cities Contract & SVSWA Fees Enclosure or Key/Lock Charge⁵ $22.36 TBD Based upon Tri-Cities Contract & SVSWA Fees 1 Call Back/Trip $10.81 TBD Based upon Tri-Cities Contract & SVSWA Fees Extra Can or Bag Pick-up $23.86 TBD Based upon Tri-Cities Contract & SVSWA Fees One Pick-up Per Week $214.59 TBD Based upon Tri-Cities Contract & SVSWA Fees Two Pick-ups Per Week $414.45 TBD Based upon Tri-Cities Contract & SVSWA Fees Three Pick-ups Per Week $601.47 TBD Based upon Tri-Cities Contract & SVSWA Fees Extra Pick-up $54.05 TBD Based upon Tri-Cities Contract & SVSWA Fees UTILITIES - SOLID WASTE SERVICES (MONTHLY) ¹

DESCRIPTION OF FEES
1 Cubic Yard Container⁵
Contamination Charges
One Pickup Per Week
Residential Rates
Commercial or Multiple Family Units² ³
One Pickup Per Week
Rates to be determined
at subsequent Council
Meeting
Rates to be determined
at subsequent Council
Meeting
Rates to be determined
at subsequent Council
Meeting
Rates to be determined
at subsequent Council

Page 23 of 29 ends

DESCRIPTION OF FEES FY 2024/25 FEE REVISION FY 2025/26 FEE NOTES One Pick-up Per Week $347.19 TBD Based upon Tri-Cities Contract & SVSWA Fees Two Pick-ups Per Week $674.99 TBD Based upon Tri-Cities Contract & SVSWA Fees Three Pick-ups Per Week $984.23 TBD Based upon Tri-Cities Contract & SVSWA Fees Extra Pick-up $86.59 TBD Based upon Tri-Cities Contract & SVSWA Fees One Pick-up Per Week $503.15 TBD Based upon Tri-Cities Contract & SVSWA Fees Two Pick-ups Per Week $978.33 TBD Based upon Tri-Cities Contract & SVSWA Fees Three Pick-ups Per Week $1,427.89 TBD Based upon Tri-Cities Contract & SVSWA Fees Extra Pick-up $124.86 TBD Based upon Tri-Cities Contract & SVSWA Fees One Pick-up Per Week $656.35 TBD Based upon Tri-Cities Contract & SVSWA Fees Two Pick-ups Per Week $1,276.07 TBD Based upon Tri-Cities Contract & SVSWA Fees Three Pick-ups Per Week $1,866.69 TBD Based upon Tri-Cities Contract & SVSWA Fees Extra Pick-up $163.15 TBD Based upon Tri-Cities Contract & SVSWA Fees One Pick-up Per Week $930.65 TBD
Two Pick-ups Per Week $1,814.90 TBD Based upon Tri-Cities Contract & SVSWA Fees Three Pick-ups Per Week $656.35 TBD Based upon Tri-Cities Contract & SVSWA Fees Extra Pick-up $218.56 TBD Based upon Tri-Cities Contract & SVSWA Fees 96 Gal. Weekly Yard Waste (each) $29.77 TBD Based upon Tri-Cities Contract & SVSWA Fees Long Walk Service⁴ $27.52 TBD Based upon Tri-Cities Contract & SVSWA Fees Key/Lock Charge $22.36 TBD Based upon Tri-Cities Contract & SVSWA Fees Call Back (Bin Service)(per trip) $32.48 TBD Based upon Tri-Cities Contract & SVSWA Fees 32 Gallon Food Scrap Cart Service **Pilot $26.48 TBD Based upon Tri-Cities Contract & SVSWA Fees 64 Gallon Food Scrap Cart Service **Pilot $37.66 TBD Based upon Tri-Cities Contract & SVSWA Fees Rates to be determined
at subsequent Council
Meeting
Rates to be determined
at subsequent Council
Meeting
Rates to be determined
at subsequent Council
Meeting
2 Cubic Yard Container⁵
UTILITIES - SOLID WASTE SERVICES (continued)
3 Cubic Yard Container⁵
4 Cubic Yard Container⁵
6 Cubic Yard Container
Additional Charges
Commercial Organic Cart Service
Rates to be determined
at subsequent Council
Rates to be determined
at subsequent Council
Meeting
Rates to be determined
at subsequent Council
Meeting

Page 24 of 29 ends

DESCRIPTION OF FEES FY 2024/25 FEE REVISION FY 2025/26 FEE NOTES 20 CY Compactor TBD TBD Tri-Cities collection fee only
30 CY Compactor TBD TBD Tri-Cities collection fee only
40 CY Compactor TBD TBD Tri-Cities collection fee only
64 Gallon Cart (each) $15.96 TBD Based upon Tri-Cities Contract & SVSWA Fees 96 Gallon Cart (each) $21.67 TBD Based upon Tri-Cities Contract & SVSWA Fees 200 Gallon Barrel (each) $39.19 TBD Based upon Tri-Cities Contract & SVSWA Fees 350 Gallon Barrel (each) $68.49 TBD Based upon Tri-Cities Contract & SVSWA Fees 450 Gallon Barrel (each) $88.18 TBD Based upon Tri-Cities Contract & SVSWA Fees 1 Cubic Yard Container (each) $61.81 TBD Based upon Tri-Cities Contract & SVSWA Fees 2 Cubic Yard Container (each) $97.90 TBD Based upon Tri-Cities Contract & SVSWA Fees 3 Cubic Yard Container (each) $141.31 TBD Based upon Tri-Cities Contract & SVSWA Fees 4 Cubic Yard Container (each) $183.93 TBD Based upon Tri-Cities Contract & SVSWA Fees 6 Cubic Yard Container (each) $266.93 TBD Based upon Tri-Cities Contract & SVSWA Fees 20 CY Container TBD TBD Based upon Tri-Cities Contract & SVSWA Fees 30 CY Container TBD TBD Based upon Tri-Cities Contract & SVSWA Fees 40 CY Container TBD TBD Based upon Tri-Cities Contract & SVSWA Fees Extra Day $12.00 TBD Based upon Tri-Cities Contract & SVSWA Fees Call/Move Charge/Call Back $60.00 TBD Based upon Tri-Cities Contract & SVSWA Fees Saturday Surcharge (* Per Ton and Per Pu TBD TBD Based upon Tri-Cities Contract & SVSWA Fees ¹ Service billed to customer directly by Tri-Cities Disposal and Recycling, Customer is billed the actual disposal fee plus franchise fees. ² “Multiple Dwelling” means livings units of two or more. ³ Multiple Dwellings that request Franchise Yard Waste service will be billed at the Residential Rate ⁴ For Distance greater 15' monthly additional for each 25' ⁵ Enclosure service included for 1-4cy bins
Rates to be determined
at subsequent Council
Meeting
Rates to be determined
at subsequent Council
Meeting
Rates to be determined
at subsequent Council
Meeting
UTILITIES - SOLID WASTE SERVICES (continued)
Drop Box/Roll Off Service
Compactor Service¹
Contamination Charges (Based on Container size)

Page 25 of 29 ends

Meter Size Current
Effective 1/1/25
FY 2025/26
Effective 1/1/26
FY 2026/27
Effective 1/1/28
FY 2027/28
Effective 1/1/28
5/8" $24.68 $26.40 $28.25 $30.22
1" $24.68 $26.40 $28.25 $30.22
1 1/2" $49.36 $52.80 $56.50 $60.44
2" $78.98 $84.48 $90.40 $96.40
2 1/2" $118.46 $126.72 $135.60 $145.06
2 1/2" Fire Flow Meter $78.98 $84.48 $90.40 $96.40
3" $157.95 $168.96 $180.80 $193.41
3" Fire Flow Meter $78.98 $84.48 $90.40 $96.40
4" $246.80 $264.00 $282.50 $302.20
4" Fire Flow Meter $78.98 $84.48 $90.40 $96.40
6" $493.60 $528.00 $565.00 $604.40
6" Fire Flow Meter $78.98 $84.48 $90.40 $96.40
Note: Fees based off of Resolution No. 2023-67
Current
Effective 1/1/25
FY 2025/26
Effective 1/1/26
FY 2026/27
Effective 1/1/28
FY 2027/28
Effective 1/1/28
Residential $2.58 $2.76 $2.95 $3.16
Industrial $2.58 $2.76 $2.95 $3.16
Note #2: Fees based off of Resolution No. 2023-67
Base Rates
Note #1: One unit = 100 Cubic Feet (ccf) = 748 gallons

UTILITIES - WATER SERVICES

DESCRIPTION OF FEES
Consumption Fees

Page 26 of 29 ends

Current
Effective 1/1/25
FY 2025/26
Effective 1/1/26
FY 2026/27
Effective 1/1/28
FY 2027/28
Effective 1/1/28
10% Water Cutback $2.79 $2.98 $3.19 $3.42
25% Water Cutback $3.21 $3.43 $3.67 $3.93
40% Water Cutback $3.83 $4.10 $4.39 $4.69
Note #2: Fees based off of Resolution No. 2023-67
Note: One unit = 100 Cubic Feet (ccf) = 748 gallons
Drought Consumption Fees
UTILITIES - WATER SERVICES (continued)

Page 27 of 29 ends

FY 2024/25 FEE REVISION FY 2025/26 FEE NOTES
Connect/Disconnect Fees
1 Water Service Connect/Transfer Fee $20.00 Revised $25.00 2 Water Service Reconnection Fee
During normal business hours 8:00am-3:30 pm $50.00 No Change $50.00 3 After Hours Reconnection Water Service
(Fee applies to customers that need assistance after normal work hours or holidays)
$100.00 No Change $100.00
Deposits
4 Residential $200.00 No Change $200.00
5 Commercial $400.00 No Change $400.00
6 Industrial $1,000.00 No Change $1,000.00
Fire Hydrant (Non-Potable) Water Service Fees
7 Administrative Fee $115.65 No Change $115.65
8 Meter Deposit $1,459.70 No Change $1,459.70
9 Consumption (Per Unit) See table No Change See table Per Resolution No. 2023-67 10 Meter Installation/Removal $115.65 No Change $115.65 11 Minimum Usage Fee $108.34 No Change $108.34
Meter Set Fees
12 Water Meter Set - 3/4" to 1" $124.54 $3.36 $127.90 Adjustments Based on 2.7% Consumer Price Index Increase 13 Water Meter Set - 1-1/2" to 2" $181.15 $4.89 $186.04 Adjustments Based on 2.7% Consumer Price Index Increase 14 Water Meter Set - 2-1/2" to 3" $245.85 $6.64 $252.48 Adjustments Based on 2.7% Consumer Price Index Increase New Water Service
15 Water Connection: Plan Check and Permit Review Actual Cost, plus 20% No Change 16 Box & lid Actual Cost, plus 30% No Change Actual Cost, plus 30% 17 Water Meter - 4" Actual Cost, plus 30% No Change Actual Cost, plus 30% 18 Water Meter - 5/8" x 3/4" Actual Cost, plus 30% No Change Actual Cost, plus 30% 19 Water Meter - 1" (Regular Meter) Actual Cost, plus 30% No Change Actual Cost, plus 30% 20 Water Meter - 1" (Trace Meter) Actual Cost, plus 30% No Change Actual Cost, plus 30% 21 Water Meter - 1-1/2" Actual Cost, plus 30% No Change Actual Cost, plus 30% 22 Water Meter - 2" Actual Cost, plus 30% No Change Actual Cost, plus 30% 23 Combined Domestic and Fire Service Actual Cost, plus 30% No Change Actual Cost, plus 30% Other Fees
24 Water Meter Repair Actual Cost for
Labor & Materials No Change Actual Cost for Labor & Materials 25 Water Meter Testing Actual Cost, plus 20% No Change Actual Cost, plus 20% 26 Water Revenue Franchise Transfer 5% of Gross Receipts No Change 5% of Gross Receipts 27 Abuse, Fraud, Damage or Loss to the City Water System Actual Cost, plus 30% No Change Actual Cost, plus 30% 28 Late Fee 10% of Utility Bill No Change 10% of Utility Bill 29 Water Meter Re-Read New $35.00 Customer requests water meter to be re-read outside of normal meter reads. Fee is waived if there's a City leak.

UTILITIES - WATER SERVICES (continued)

DESCRIPTION OF FEES

Page 28 of 29 ends

FY 2025/26
Effective 1/1/26
FY 2026/27
Effective 1/1/28
FY 2027/28
Effective 1/1/28 Notes
$55.92 $59.28 $62.84 Rates are based on Resolution No. 2023-67 $15.22 $16.13 $17.10 Rates are based on Resolution No. 2023-67 $15.22 $16.13 $17.10 Rates are based on Resolution No. 2023-67 $1.49 $1.58 $1.67 Rates are based on Resolution No. 2023-67 ¹ Schools are billed annually rather than monthly based on reported average daily attendance (ADA) FY 2025/26
Effective 1/1/26
FY 2026/27
Effective 1/1/28
FY 2027/28
Effective 1/1/28 Notes
$4.87 $5.16 $5.47 Rates are based on Resolution No. 2023-67 ²This fee is in addition to the Base Rate
Other Fees
FY 2024/25
FEE REVISION FY 2025/26 FEE Notes
1 $156.35 $4.22 $160.57 Adjustments Based on 2.7% Consumer Price Index Increase 2 5% No Change 5%
3 10% of balance No Change 10% of balance
Current
Effective 1/1/25
$12.68
$12.68
$46.60

DESCRIPTION OF FEES
Commercial/Industrial ONLY² $4.06
Current
Effective 1/1/25

DESCRIPTION OF
FEES
Volume Rate ($/ccf)
Sewer Connection Inspection
Utility Billing Penalties
Sewer Revenue Franchise Transfer
(Gross Receipts)
Base Rates

WASTE WATER
Schools¹
Industrial
Commercial
Residential

DESCRIPTION OF
FEES
$1.24

Page 29 of 29 ends

Packet Pg. 342 Attachment: ENR as of Dec 2024 (3267 : Resolution No. 2025-28 FY 2025-2026 Cost of Services Fee Schedule) Packet Pg. 343
Attachment: Public Hearing Notice (3267 : Resolution No. 2025-28 FY 2025-2026 Cost of Services Fee Schedule) Packet Pg. 344
Attachment: Public Hearing Notice (3267 : Resolution No. 2025-28 FY 2025-2026 Cost of Services Fee Schedule) City of Gonzales

COMMUNITY DEVELOPMENT DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: June 2, 2025
FROM: Taven Kinison Brown, Community Development Director THROUGH: Carmen Gil, City Manager
SUBJECT: Ordinance No. 2025-150 Amending Ordinance 2019-115 of the Gonzales City Code (Tobacco Retailer License).

RECOMMENDATION
Staff recommends the City Council Introduce, waive reading, and read by title only Ordinance No. 2025- 150, an Ordinance of the City Council of the City of Gonzales Amending Ordinance No. 2019-115 of the Gonzales City Code (Tobacco Retailer License) to Prohibit the Sale of all Flavored Tobacco Products and to Prohibit Single Use Electronic Smoking Products; and set a Public Hearing to solicit public comments on Ordinance No. 2025-150, for June 16, 2025.

BACKGROUND
In 2019, the Gonzales City Council enacted Ordinance No. 2019-115 to establish a permitting system for tobacco retailers to ensure that retailers comply with tobacco control laws and business standards of the City to protect the public health, safety, and welfare of the residents of the City (Attachment 1).

Senate Bill 793, upheld on November 8, 2022, prohibits a tobacco retailer from selling or possessing with intent to sell, flavored tobacco products. In a ruling issued on March 18, 2022, the Ninth Circuit Court of Appeals in R.J. Reynolds Tobacco Company et al v. County of Los Angeles, et al (9th Cir. 2022) 29 F.4th 542 held that the Family Smoking Prevention and Tobacco Control Act, codified at 21 USC §387 et seq., did not preempt a city from banning the sale of some or all tobacco products.

In addition to keeping up with tobacco control laws and business standards, this is one of the ordinances the City needs to complete to become Blue Zones Certified. Certification and intentional investment in community health and wellness, helps us improve the quality of life of our residents.

AGENDA
ITEM
22 Packet Pg. 345

REVIEW AND ANALYSIS
Prohibiting tobacco retailers from selling flavored tobacco products will not unduly burden legitimate business activities of retailers who sell cigarettes or other tobacco products to adults. It will, however, allow the City to regulate the operation of lawful businesses to discourage violations of local laws by selling flavored tobacco products.

The City has a substantial interest in promoting compliance with federal, state, and local laws intended to regulate flavored tobacco product sales and use; in discouraging the illegal purchase of flavored tobacco products by minors; in promoting compliance with laws prohibiting sales of e-cigarettes and flavored tobacco products to minors; and finally, in protecting children from being lured into illegal activity through the misconduct of adults.

The draft Ordinance No. 2025-150 (Attachment 2) is organized with recitals that tell the foundation, reasoning and need for the new legislation. Following the recitals, the draft ordinance introduces amended language, added language and a re-lettered sequence.

The City Council is encouraged to engage the attached Draft Ordinance and review in context with the present Tobacco Licensing regulations in place (Attachment 1- Chapter 4.70 Tobacco Licensing).

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

Explain: In 2019, the Gonzales City Council enacted Ordinance 2019-115 to establish a permitting system for tobacco retailers to ensure that retailers comply with tobacco control laws and business standards of the City to protect the public health, safety, and welfare of the residents of the City. Prohibiting the sale of flavored tobacco products furthers these goals and objectives.

This ordinance also brings the City closer to Blue Zones Certification, which supports the community’s quality of life.

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: Promoting compliance with laws prohibiting sales of e-cigarettes and flavored tobacco products to minors, protects children from being lured into unhealthy habits.

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

Explain: See Vision and Mission Statements above.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing Yes No X N/A
Packet Pg. 346
• Recreation Yes No X N/A
• Environment X Yes No N/A
• Education Yes No X N/A
Explain: See above.

ALTERNATIVES
Since this is one of the final steps to becoming Blue Zones Certified, not adopting will prevent us from becoming a certified “Blue Zones Certified Community."

FISCAL IMPACT
There is no anticipated budget impact caused by the adoption of Ordinance No. 2025-150.

CONCLUSION
Staff recommends the City Council Introduce, waive reading, and read by title only Ordinance No. 2025- 150, an Ordinance of the City Council of the City of Gonzales Amending Ordinance No. 2019-115 of the Gonzales City Code (Tobacco Retailer License) to Prohibit the Sale of all Flavored Tobacco Products and to Prohibit Single Use Electronic Smoking Products; and set a Public Hearing to solicit public comments on Ordinance No. 2025-150, for June 16, 2025.

Attachments:

1. Chapter 4.70 Tobacco Regulations

2. Ordinance No. 2025-150
Packet Pg. 347
CHAPTER 4.70

TOBACCO LICENSING
SECTION:

4.70.010: Purpose And Application

4.70.020: Definitions

4.70.030: Mandatory License

4.70.040: Issuance Of License

4.70.050: Applications For License

4.70.060: Issuance Of A License

4.70.070: License Renewal And Expiration

4.70.080: License Nontransferable

4.70.090: Inspections, Investigations And Enforcement

4.70.100: Suspension Or Revocation Of License

4.70.110: Penalties For Tobacco Retailing Without A License

4.70.120: Department Decision

4.70.130: Appeal Procedures

4.70.140: Other Penalties

4.70.150: Stipulated Fine In Lieu Of Hearing

4.70.160: Severability

4.70.010 PURPOSE AND APPLICATION:

A. In promoting the health, safety, and general welfare of its residents, the city has a substantial interest in encouraging compliance with federal, state, and local laws regulating tobacco sales and use.

B. State law permits local governments to enact ordinances regarding the local licensing of retailers of tobacco and allows for the suspension or revocation of a local license for a violation of any state tobacco control law.
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https://www.codepublishing.com/CA/Gonzales/cgi/menuCompile.pl 1/12 Packet Pg. 348 Attachment: Chapter 4.70 Tobacco Regulations (3268 : Ordinance No. 2025-150 Amending Ordinance 2019-115 Tobacco Retailer License) C. This chapter is adopted to: (1) ensure compliance with business standards and practices of the city and Monterey County; (2) to encourage responsible retailing of tobacco; and (3) to discourage violations of tobacco-related laws, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or otherwise regulated. (Ord. 2019- 115, 11-4-2019)

4.70.020 DEFINITIONS:

For the purpose of this chapter, the following words and terms shall have the following meaning:

A. "Department" refers to any city department designated by the city manager to administer and/or enforce the provisions of this chapter or, if so designated by the city manager, the Monterey County health department or other county department, and employees thereof.

B. "Drug paraphernalia" shall have the definitions set forth in California Health and Safety Code section 11014.5, as that section may be amended from time to time.

C. "License" means a tobacco retailer license issued by the city, or, if designated, by the county pursuant to this chapter.

D. "Licensee" means any proprietor holding a license issued by the city, or, if designated, by the county pursuant to this chapter.

E. "License fee" means the charge established by resolution of the city council, calculated to recover the reasonable regulatory costs of issuing and administering licenses, retailer education, performing investigations, inspections, and the administrative enforcement and adjudication thereof.

F. "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

G. "Proprietor" means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent (10%) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business.

H. "Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed or used for the smoking or ingestion of tobacco products.

I. "Tobacco product" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco, and any product or formulation of matter containing biologically 5/2/25, 12:31 PM Print Preview
https://www.codepublishing.com/CA/Gonzales/cgi/menuCompile.pl 2/12 Packet Pg. 349 Attachment: Chapter 4.70 Tobacco Regulations (3268 : Ordinance No. 2025-150 Amending Ordinance 2019-115 Tobacco Retailer License) active amounts of nicotine that is product or matter will be introduced into the human body, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco product dependence.

J. "Tobacco retailer" means any person who engages in tobacco retailing.

K. "Tobacco retailing" means selling, offering for sale, exchanging, or offering to exchange for any form of consideration tobacco, tobacco products, or tobacco paraphernalia without regard to the quantity sold, offered for sale, exchanged, or offered for exchange. (Ord. 2019-115, 11-4-2019)

4.70.030 MANDATORY LICENSE:

A. Any person who is or intends to become a tobacco retailer shall obtain pursuant to this chapter a license for each fixed location at which tobacco retailing is to occur.

B. Any person who is a tobacco retailer as of the effective date of the ordinance enacting this chapter shall obtain a license within ninety (90) days of the effective date of the ordinance that enacted this chapter.

C. Any person who intends to act as a tobacco retailer shall obtain a license prior to acting as a tobacco retailer.

D. Each license shall be prominently displayed in a publicly visible location at the licensed location.

E. Nothing in this chapter shall be construed to grant any licensee any status or right other than to act as a tobacco retailer at the location identified on the face of the license, subject to compliance with all other applicable laws, regulations, or ordinances.

F. Nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law. (Ord. 2019-115, 11-4-2019)

4.70.040 ISSUANCE OF LICENSE:

A. No license shall be issued to authorize tobacco retailing at other than a fixed business location. It is unlawful for any person to engage in tobacco retailing at nonfixed locations. For example, tobacco retailing by persons on foot and tobacco retailing from vehicles are prohibited.

B. No license shall be issued to authorize tobacco retailing at a temporary or recurring temporary event. For example, tobacco retailing at flea markets and farmers’ markets is prohibited.

C. No license shall be issued to authorize tobacco retailing at any location for which a license suspension is in effect or during a period of ineligibility following a revocation pursuant to section

4.70.100.
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https://www.codepublishing.com/CA/Gonzales/cgi/menuCompile.pl 3/12 Packet Pg. 350 Attachment: Chapter 4.70 Tobacco Regulations (3268 : Ordinance No. 2025-150 Amending Ordinance 2019-115 Tobacco Retailer License) D. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of this chapter for a licensee, or any of the licensee’s agents or employees, to violate any local, state, or federal law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing.

E. No person engaged in tobacco retailing shall sell or transfer a tobacco product or tobacco paraphernalia to another person who appears to be under the age of twenty seven (27) years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the tobacco product or tobacco paraphernalia.

F. No person who is younger than the minimum age established by state law for the purchase or possession of tobacco products shall engage in tobacco retailing. (Ord. 2019-115, 11-4-2019)

4.70.050 APPLICATIONS FOR LICENSE:

All applications for a license shall be submitted to the department in the name of each proprietor proposing to conduct tobacco retailing and signed by each prospective proprietor or an authorized agent. Each license application must be accompanied by the required license fee, which is set by resolution of the city council. A proprietor proposing to conduct tobacco retailing at more than one location shall submit a separate application for each location. Every application shall be submitted on a form supplied by the department and shall contain the following information:

A. The name, address, and telephone number of each prospective proprietor; B. The business name, address, and telephone number of the fixed location for which the license is sought;
C. Whether or not each prospective proprietor has previously been issued a license pursuant to this chapter that is, or was at any time, suspended or revoked and, if so, the date of the suspension or revocation;
D. Proof that the location for which a license is sought has been issued a valid State Cigarette and Tobacco Products Retail License by the State of California Board of Equalization pursuant to the California Cigarette and Tobacco Products Licensing Act of 2003 (California Business and Professions Code section 22970 et seq.);
E. A statement signed by each prospective proprietor that no drug paraphernalia is or will be sold at the location for which the license is sought;
F. A statement signed by each prospective proprietor that the proprietor is informed of the laws affecting licenses; and
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https://www.codepublishing.com/CA/Gonzales/cgi/menuCompile.pl 4/12 Packet Pg. 351 Attachment: Chapter 4.70 Tobacco Regulations (3268 : Ordinance No. 2025-150 Amending Ordinance 2019-115 Tobacco Retailer License) G. Such other information as the department deems necessary for the administration of this chapter. (Ord. 2019-115, 11-4-2019)

4.70.060 ISSUANCE OF A LICENSE:

A. Upon the receipt of a complete application for a license and the license fee required by this chapter, the department shall issue a license unless one or more of the following grounds exists:

1. The application is incomplete or inaccurate;

2. The application seeks authorization for tobacco retailing at a location for which a suspension is in effect pursuant to this chapter, for which a license has been revoked pursuant to this chapter, or for which this chapter otherwise prohibits issuance of licenses;

3. The application seeks authorization for tobacco retailing for a prospective proprietor for whom a suspension is in effect pursuant to this chapter for the subject location or another location, whose license has been revoked pursuant to this chapter for the subject location or another location, or to whom this chapter otherwise prohibits a license to be issued;

4. The department has information that the prospective proprietor or his or her agent or employee has violated any local, state or federal tobacco control law, including this chapter, within the preceding twelve (12) months; or

5. The application seeks authorization for tobacco retailing that is prohibited pursuant to this chapter, that is otherwise unlawful pursuant to this code, or that is unlawful pursuant to any other local, state, or federal law.

B. Any denial of an application for a license shall be in writing, setting forth the reasons for the denial and notifying the applicant for a license that the decision to deny an application for a license shall become final unless the applicant seeks an appeal pursuant to section 4.70.130 within fourteen (14) calendar days of the date of service of the department’s decision. Service of the decision shall be provided in accordance with the service requirements set forth in section

4.70.120A.

C. All information required to be submitted pursuant to section 4.70.050 in order to apply for a license shall be updated whenever the information changes. A tobacco retailer shall provide the department with any updates within ten (10) business days of a change. (Ord. 2019-115, 11-4- 2019)

4.70.070 LICENSE RENEWAL AND EXPIRATION:

A. A license is invalid unless the appropriate license fee has been paid in full and the term of the license has not expired. The term of a license is one year beginning each fiscal year on July 1 and ending on June 30 of the following year. Each tobacco retailer shall apply for the renewal of his or 5/2/25, 12:31 PM Print Preview
https://www.codepublishing.com/CA/Gonzales/cgi/menuCompile.pl 5/12 Packet Pg. 352 Attachment: Chapter 4.70 Tobacco Regulations (3268 : Ordinance No. 2025-150 Amending Ordinance 2019-115 Tobacco Retailer License) her license and submit the license fee no later than thirty (30) calendar days prior to expiration of the term.

B. A license that is not timely renewed shall expire at the end of its term. To reinstate a license that has expired, or to renew a license not timely renewed pursuant to subsection A of this section, the proprietor must:

1. Submit the license fee; and

2. Submit a signed affidavit affirming that the proprietor:
a. Has not sold and will not sell any tobacco product or tobacco paraphernalia after the license expiration date and before the license is renewed; or b. Has waited the appropriate ineligibility period established for tobacco retailing without a license, as set forth in section 4.70.110, before seeking renewal of the license. (Ord. 2019-115, 11-4-2019)

4.70.080 LICENSE NONTRANSFERABLE:

A. A license may not be transferred from one person to another or from one location to another.

Whenever a tobacco retailing location has a change in proprietors, a new license is required.

B. Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location, and license ineligibility periods shall continue to apply to a location unless:

1. The location has been fully transferred to an entirely new proprietor or fully transferred to entirely new proprietors; and

2. The new proprietor(s) provides the department with clear and convincing evidence that the new proprietor(s) has acquired or is acquiring the location in an arm’s length transaction.

As used in this section, the term "arm’s length transaction" shall mean a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two (2) informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an arm’s length transaction. (Ord. 2019-115, 11-4-2019)

4.70.090 INSPECTIONS, INVESTIGATIONS AND ENFORCEMENT:

A. Compliance with this chapter shall be monitored by the department or any law enforcement officer thereof. Employees of the department or a law enforcement officer may conduct compliance checks, including but not limited to youth decoy operations. Any law enforcement officer may enforce the penal provisions of this chapter. Compliance checks may be unannounced. 5/2/25, 12:31 PM Print Preview
https://www.codepublishing.com/CA/Gonzales/cgi/menuCompile.pl 6/12 Packet Pg. 353 Attachment: Chapter 4.70 Tobacco Regulations (3268 : Ordinance No. 2025-150 Amending Ordinance 2019-115 Tobacco Retailer License) B. The city or its designee shall not enforce any tobacco-related minimum age law against a person who otherwise might be in violation of such law because of the person’s age (hereinafter "youth decoy") if the potential violation occurs when:

1. The youth decoy is participating in a compliance check supervised by an employee of the department or a law enforcement officer;

2. The youth decoy is acting as an agent of a person designated by the county to monitor compliance with this chapter;

3. The youth decoy is participating in a compliance check funded in part, either directly or indirectly through subcontracting, by the department; or

4. The youth decoy has an immunity letter from the district attorney’s office.

C. Whenever evidence of a violation of this chapter is obtained in any part through the participation of a person under the age of eighteen (18) years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented. (Ord. 2019-115, 11-4-2019)

4.70.100 SUSPENSION OR REVOCATION OF LICENSE:

A. In addition to any other remedy authorized by law, after notice and opportunity to be heard pursuant to section 4.70.120, a license may be suspended or revoked as provided in this section if the department finds by a preponderance of the evidence that the licensee, or any of the licensee’s agents or employees, has:

1. Violated any of the requirements, conditions or prohibitions of this chapter; or

2. Pleaded guilty, "no contest" or its equivalent, or admitted to any of the following:
a. The original or renewal application contained incorrect, false, or misleading information;
b. One or more of the grounds for denial listed in section 4.70.060 existed before the license was issued; or
c. A licensee is convicted of a misdemeanor or felony violation of any federal, state, or local tobacco retailing law or regulation, including any provision of this chapter.

B. During any period of suspension or revocation, the licensee shall remove all tobacco products and tobacco paraphernalia from public view. Failure to do so may be considered a subsequent violation.
5/2/25, 12:31 PM Print Preview
https://www.codepublishing.com/CA/Gonzales/cgi/menuCompile.pl 7/12 Packet Pg. 354 Attachment: Chapter 4.70 Tobacco Regulations (3268 : Ordinance No. 2025-150 Amending Ordinance 2019-115 Tobacco Retailer License) C. When the department finds a violation as set forth in subsection A of this section, the license shall be suspended or revoked as follows:

1. Upon a finding by the department of a first license violation, the license shall be suspended for sixty (60) days;

2. Upon a finding by the department of a second license violation within any sixty (60) month period, the license shall be suspended for one hundred twenty (120) days;

3. Upon a finding by the department of a third license violation in any sixty (60) month period, the license shall be suspended for one hundred eighty (180) days; and

4. Upon a finding by the department of a fourth license violation within any sixty (60) month period, the license shall be revoked and no new license shall issue for the location until five (5) years has passed from the date of revocation.

D. Violation by a licensee at one location shall not be construed as a violation at another location of the same licensee, nor shall violations by a prior licensee at the same location be accumulated against a subsequent licensee at the same location.

E. A license shall be revoked if the department finds that one or more of the grounds for denial of an application for a license pursuant to section 4.70.060 existed at the time the application was made or at any time before the license was issued. (Ord. 2019-115, 11-4-2019)

4.70.110 PENALTIES FOR TOBACCO RETAILING WITHOUT A LICENSE:

A. In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the department finds after notice and opportunity to be heard pursuant to section

4.70.120, that any person has engaged in tobacco retailing at a location without a valid license, either directly or through the person’s agents or employees, the person shall be ineligible to apply for, or to be issued, a license as follows:

1. After a first violation of this section at a location, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until sixty (60) days have passed from the date of the violation.

2. After a second violation of this section at a location within any sixty (60) month period, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until one hundred eighty (180) days have passed from the date of the violation.

3. After a third or subsequent violation of this section at a location within any sixty (60) month period, no new license may issue for the person or the location (unless ownership of 5/2/25, 12:31 PM Print Preview
https://www.codepublishing.com/CA/Gonzales/cgi/menuCompile.pl 8/12 Packet Pg. 355 Attachment: Chapter 4.70 Tobacco Regulations (3268 : Ordinance No. 2025-150 Amending Ordinance 2019-115 Tobacco Retailer License) the business at the location has been transferred in an arm’s length transaction), until five (5) years have passed from the date of the violation.

B. Any imposition of a penalty pursuant to this section shall be in writing, setting forth the reasons for the imposition of a penalty and notifying the person subject to the penalty that the decision to impose the penalty shall become final unless the person seeks an appeal pursuant to section

4.70.130 within fourteen (14) calendar days of the date of service of the department’s decision.

Service of the decision shall be provided in accordance with the service requirements set forth in section 4.70.120A. (Ord. 2019-115, 11-4-2019)

4.70.120 DEPARTMENT DECISION:

A. Upon determining the existence of any of the grounds pursuant to this chapter for the suspension or revocation of a license, or the imposition of a penalty for tobacco retailing without a license, the department shall issue a notice of intended decision to the applicant for a license, the licensee, or the person against whom the penalty for tobacco retailing without a license is directed.

The notice shall be provided by personal service or by first class mail, postage prepaid, and shall include a copy of the affidavit or certificate of mailing.

B. The notice of intended decision shall state all the grounds upon which the revocation, suspension, or imposition of penalty is based.

C. The notice of intended decision shall specify the effective date of the action.

D. The notice of intended decision shall state that the department shall give the applicant for a license, the licensee, or the person against whom the penalty for tobacco retailing without a license is directed an opportunity to request a hearing thereon. The hearing shall be an informal hearing before a representative of the department. Following the hearing, or within a reasonable time if no hearing is requested, the department shall issue a decision and serve the decision in accordance with the service requirements set forth in subsection A of this section.

E. The decision of the department shall be in writing, setting forth the reasons for the decision, and shall advise the applicant for a license, the licensee, or the person against whom the penalty for tobacco retailing without a license is directed that the decision to suspend or revoke the license, or to impose the penalty for tobacco retailing without a license, shall become final unless the applicant for a license, the licensee, or the person against whom the penalty for tobacco retailing without a license is directed seeks an appeal pursuant to section 4.70.130. (Ord. 2019-115, 11-4- 2019)

4.70.130 APPEAL PROCEDURES:

With regard to any denial of an application for a license pursuant to section 4.70.060 or any decision issued by the department pursuant to section 4.70.120, the following rules apply:
5/2/25, 12:31 PM Print Preview
https://www.codepublishing.com/CA/Gonzales/cgi/menuCompile.pl 9/12 Packet Pg. 356 Attachment: Chapter 4.70 Tobacco Regulations (3268 : Ordinance No. 2025-150 Amending Ordinance 2019-115 Tobacco Retailer License) A. A decision of the department to deny an application for a license, to suspend or revoke a license, or to impose a penalty for tobacco retailing without a license can be appealed to a hearing officer, subject to the following requirements and procedures. A person served with a decision issued pursuant to section 4.70.060B or 4.70.120D may seek an appeal by filing with the department a written request for hearing within fourteen (14) calendar days of service of the decision. Failure to timely file a written request for hearing shall be deemed a waiver of the right to challenge the decision of the department and a failure to exhaust administrative remedies. The hearing officers shall be individuals selected by the department who may hear the appeals, issue subpoenas, receive evidence, administer oaths, rule on questions of law and the admissibility of evidence, prepare a record of the proceedings, and issue orders with regard to an appeal.

B. The hearing officer shall schedule a hearing.

1. Written notice of the time, date and location of a hearing before the hearing officer shall be given by personal service or by first class mail, postage prepaid, including a copy of the affidavit or certificate of mailing, to the appellant.

2. Hearing Procedures:
a. Requirements For Taking Testimony: In any proceeding before a hearing officer, oral testimony offered as evidence shall be taken only on oath or affirmation, and the hearing officer, his/her clerk, or other designee shall have the power to administer oaths and affirmations and to certify to official acts. Oaths of witnesses may be given individually or en masse. Witnesses shall be asked to raise their right hands and to swear or affirm that the testimony they shall give will be the truth, the whole truth, and nothing but the truth. b. Continuances: The hearing officer may continue the hearing as determined appropriate by the hearing officer.
c. Administrative Interpretations: In conducting the hearing, the hearing officer shall consider the previously established interpretation of an ordinance provision by the department charged with its enforcement unless that interpretation is shown to be clearly erroneous or unauthorized.
d. Hearing Officer Decisions: Within thirty (30) calendar days after the close of the hearing, the hearing officer shall issue a written decision, including a statement of the basis for the decision. The hearing officer’s written decision shall constitute the final administrative decision of the city or its designee, the county. e. In the event a civil action is initiated to obtain enforcement of the decision of the hearing officer, and judgment is entered to enforce the decision, the person against 5/2/25, 12:31 PM Print Preview
https://www.codepublishing.com/CA/Gonzales/cgi/menuCompile.pl 10/12 Packet Pg. 357 Attachment: Chapter 4.70 Tobacco Regulations (3268 : Ordinance No. 2025-150 Amending Ordinance 2019-115 Tobacco Retailer License) whom the order of enforcement has been entered shall be liable to pay the city’s/county’s total costs of enforcement, including reasonable attorney’s fees.

C. The appellant’s failure to appear at the hearing on appeal shall constitute an abandonment of the review request and a failure to exhaust administrative remedies. (Ord. 2019-115, 11-4-2019)

4.70.140 OTHER PENALTIES:

The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

A. Violations of this chapter may, in the discretion of the city attorney, or in instances in which enforcement authority has been delegated to the county, the district attorney, be prosecuted as infractions or misdemeanors.

B. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a violation.

C. Violations of this chapter are hereby declared to be public nuisances. (Ord. 2019-115, 11-4- 2019)

4.70.150 STIPULATED FINE IN LIEU OF HEARING:

For a first or second alleged violation of this chapter within any sixty (60) month period, the department may allow a tobacco retailer alleged to have violated this chapter to stipulate in writing to the penalties provided in this section in lieu of the penalties that would otherwise apply pursuant to this chapter and to forego any right the tobacco retailer may have to a hearing pursuant to Section 4.70.130. Following submission and acceptance of a stipulation, notice thereof shall be provided to the sheriff’s office, and no hearing shall be held. Stipulations shall not be confidential, shall be in writing, and shall contain the following terms plus any other noncriminal provisions established by the department in the interests of justice:

A. After a first alleged violation of the chapter at a location:

1. An agreement by the tobacco retailer to stop acting as a tobacco retailer for one day;

2. An administrative penalty of one thousand dollars ($1,000.00);

3. An admission by the tobacco retailer that the first alleged violation of the chapter at the location occurred; and

4. An agreement that the first alleged violation of the chapter at the location shall be considered in determining the penalty for any future violation.

B. After a second alleged violation of the chapter at a location within any sixty (60) month period:
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1. An agreement by the tobacco retailer to stop acting as a tobacco retailer for ten (10) days;

2. An administrative penalty of five thousand dollars ($5,000.00);

3. An admission by the tobacco retailer that the second alleged violation of the chapter at the location occurred; and

4. An agreement by the tobacco retailer that the second alleged violation of the chapter at the location will be considered in determining the penalty for any future violations. (Ord. 2019- 115, 11-4-2019)

4.70.160 SEVERABILITY:

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter or the application of such provision to other persons or circumstances shall not be affected thereby. (Ord. 2019-115, 11-4-2019) 5/2/25, 12:31 PM Print Preview
https://www.codepublishing.com/CA/Gonzales/cgi/menuCompile.pl 12/12 Packet Pg. 359 Attachment: Chapter 4.70 Tobacco Regulations (3268 : Ordinance No. 2025-150 Amending Ordinance 2019-115 Tobacco Retailer License) 1 ORDINANCE NO. 2025-150

AN ORDINANCE OF THE COUNCIL OF THE CITY OF GONZALES AMENDING ORDINANCE NO. 2019-115 OF THE GONZALES CITY CODE (TOBACCO LICENSING)

TO PROHIBIT THE SALE OF ALL FLAVORED TOBACCO PRODUCTS AND TO

PROHIBIT SINGLE USE ELECTRONIC SMOKING PRODUCTS
THE COUNCIL OF THE CITY OF GONZALES DOES ORDAIN, as follows:

SECTION 1:

WHEREAS, state law prohibits the sale or furnishing of cigarettes, tobacco products, and smoking paraphernalia to minors, as well as the purchase, receipt, or possession of tobacco products by minors (Cal. Pen. Code § 308);
WHEREAS, state law explicitly permits cities and counties to enact local tobacco retail permitting ordinances and allows for the suspension or revocation of a local permit for a violation of any state tobacco control law (Cal. Bus. & Prof. Code § 22971.3); WHEREAS, in 2019 the Gonzales City Council enacted Ordinance 2019-115 to establish a permitting system for tobacco retailers to ensure that retailers comply with tobacco control laws and business standards of the City to protect the public health, safety, and welfare of the residents of the City. Prohibiting the sale of flavored tobacco products also furthers these goals and objectives;
WHEREAS, prohibiting tobacco retailers from selling flavored tobacco products will not unduly burden legitimate business activities of retailers who sell cigarettes or other tobacco products to adults. It will, however, allow the City to regulate the operation of lawful businesses to discourage violations of local laws by selling flavored tobacco products; WHEREAS, the City has a substantial interest in promoting compliance with federal, state, and local laws intended to regulate flavored tobacco product sales and use; in discouraging the illegal purchase of flavored tobacco products by minors; in promoting compliance with laws prohibiting sales of e-cigarettes and flavored tobacco products to minors; and finally, and most importantly, in protecting children from being lured into illegal activity through the misconduct of adults;
WHEREAS, Senate Bill 793, upheld on November 8, 2022, prohibits a tobacco retailer from selling or possessing with intent to sell, flavored tobacco products; WHEREAS, in a ruling issued on March 18, 2022, the Ninth Circuit Court of Appeals in R.J. Reynolds Tobacco Company et al v. County of Los Angeles, et al (9th Cir. 2022) 29 F.4th 542 held that the Family Smoking Prevention and Tobacco Control Act, codified at 21 USC §387 et seq., did not preempt a city from banning the sale of some or all tobacco products; WHEREAS, in Chapter 7.80 of the Monterey County Code of Ordinances, passed initially on May 15, 2012, and updated on March 15, 2022, the Monterey County Board of Supervisors amended their Tobacco Retail License Ordinance in order to include a ban on flavored tobacco products and single use electronic cigarettes;
Packet Pg. 360 Attachment: Ordinance No. 2025-150 (3268 : Ordinance No. 2025-150 Amending Ordinance 2019-115 Tobacco Retailer License) 2 WHEREAS, more than 1.63 million young people in the United States reported vape use in 2024, including 7.8% of high school students and 3.5% of middle school students (FDA); WHEREAS, the majority of students who currently use e-cigarettes use a flavored ecigarette product (87.6% in 2024) (CDC); WHEREAS, the majority of students who currently use e-cigarettes use disposable cigarettes (55.6% in 2024) (CDC);
WHEREAS, 17.6% of high school students have reported using vape products in California in 2022 (California Youth Tobacco Survey);
WHEREAS, 20.8% of high school students in the Monterey County area have tried or currently use vape products as of 2023 (California Student Tobacco Survey); WHEREAS, e-cigarette use among youth has decreased significantly from 7.7% of youth in 2023 to only 5.9% of youth in 2024 (CDC);
WHEREAS, e-cigarette waste introduces plastic, nicotine salts, heavy metals, lead, mercury, and flammable lithium-ion batteries into waterways, soil, and to wildlife (CDC); WHEREAS, a garbology study performed in 12 San Francisco high schools from 2018 to 2019 to investigate e-cigarette, combustible cigarette, and cannabis product waste revealed that 99% of identifiable e-cigarette waste was from flavored pods other than tobacco flavor and 42% of all identifiable combustible cigarette waste was menthol flavored. In the same study, menthol flavored waste accounted for 60% in low-income schools, 38% in middle-income schools, and 28% in high-income schools of all identifiable combustible cigarette waste (CDC); WHEREAS, the Office of National Marine Sanctuaries report on marine debris on the shoreline of Monterey Bay National Marine Sanctuary in 2023 found 1,331 individual pieces of ecigarette waste through clean-up efforts from 2017-2021; WHEREAS, adolescents obtain e-cigarettes from a variety of sources, including purchasing from a store or online (31%), buying from another person (16%), and giving a person of legal age money to purchase for them (15%) (AJHP Pepper et al 2019); WHEREAS, the City of Gonzales determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

Packet Pg. 361 Attachment: Ordinance No. 2025-150 (3268 : Ordinance No. 2025-150 Amending Ordinance 2019-115 Tobacco Retailer License) 3 NOW THEREFORE, the Gonzales City Council declares as follows:

SECTION 2: The foregoing recitals are true and correct and are incorporated herein by reference.

SECTION 3: City of Gonzales Ordinance 2019-115, 4.70.010 – Purpose and Application, subsection is hereby amended to read as follows:
“C. This article is adopted to: (1) ensure compliance with business standards and practices of the City; (2) to encourage responsible retailing of tobacco; (3) to limit the sale of tobacco products to those with the taste or aroma of tobacco, or no taste or aroma at all; and (4) to discourage violations of tobacco-related laws, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or otherwise regulated.” SECTION 4: City of Gonzales Ordinance 2019-115, 4.70.020 – Definitions, subsection is hereby relettered sequentially by inserting the following new definitions in alphabetical order into the existing text:
“C. “Flavored tobacco product" shall mean any tobacco product that contains a taste or smell, other than the taste or smell of tobacco, that is distinguishable by a consumer either prior to, or during the consumption of, a tobacco product, including but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey or any candy, dessert, alcoholic beverage, herb or spice.

D. "Health Officer" means the Health Officer of the County of Monterey or his or her designee.

N. "Sale," "sell" or "to sell" means any transaction where, for any consideration, ownership is transferred from one (1) person or entity to another including, but not limited to any transfer of title or possession for consideration, exchange or barter, in any manner by any means.

O. "Single use electronic cigarette" means any single-use device or delivery system sold in combination with nicotine which can be used to deliver to a person nicotine in aerosolized or vaporized form, including but not limited to, a single-use e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Single use electronic cigarettes shall not include any product that has been approved by the Food and Drug Administration for sale as a tobacco cessation product or other therapeutic purposes where that product is marketed and sold solely for such approved use.

P. "State" means the State of California.”
SECTION 5: City of Gonzales Ordinance 2019-115, 4.70.040 – Issuance of License, subsection, is hereby relettered sequentially by inserting the following new definitions in alphabetical order into the existing text:
“G. It shall be a violation of this Chapter for any tobacco retailer or any of the tobacco retailer's agents or employees to sell or offer for sale, or to possess with intent to sell or offer for sale, any flavored tobacco product.

1. It should be a rebuttable presumption that a tobacco retailer in possession of four (4) or more flavored tobacco products, including, but not limited to, individual flavored Packet Pg. 362 Attachment: Ordinance No. 2025-150 (3268 : Ordinance No. 2025-150 Amending Ordinance 2019-115 Tobacco Retailer License) 4 tobacco products, packages of flavored tobacco products, or any combination thereof, possesses such flavored tobacco products with intent to sell or offer for sale.

2. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has:
a. Made a public statement or claim that the tobacco product imparts a characterizing flavor;
b. Used text and/or images on the tobacco products' labeling or packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor; or c. Taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor.

H. It shall be a violation of this Chapter for any tobacco retailer or any of the tobacco retailer's agents or employees to sell or offer for sale, or to possess with intent to sell or offer for sale, any single use electronic cigarette.”
SECTION 6: All ordinances and parts of ordinances in conflict herewith are hereby repealed.

SECTION 7: This ordinance shall be in full force and effect thirty (30) days from and after its final passage and adoption.

SECTION 8: Nothing in this Article shall be interpreted or applied to create any power or duty in conflict with any federal or state law. If any provision of this Article or the application thereof to any person or circumstance is held invalid, the remainder of this Article or the application of such provision to other persons or circumstances shall not be affected thereby.

INTRODUCE AND FIRST READ at regular meeting of the City Council of the City of Gonzales on the 2nd day of June, 2025, and was adopted at a regular meeting of the City Council on the ___ day of June, 2025, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Jose L. Rios, The Honorable Mayor
ATTEST:
__________________________________
Mary Villegas, Deputy City Clerk
Packet Pg. 363 Attachment: Ordinance No. 2025-150 (3268 : Ordinance No. 2025-150 Amending Ordinance 2019-115 Tobacco Retailer License) City of Gonzales

CITY ATTORNEY

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: June 2, 2025
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, City Manager
SUBJECT: Ordinance No. 2025-151 Amending Chapter 3, Bidding Procedures for Public Construction Projects

RECOMMENDATION
It is recommended that the City Council introduce, waive reading, and read by title only Ordinance No. 2025-151, An Ordinance of the City Council of the City of Gonzales Amending Section 3.16.085-Bidding Procedures for Public Construction Projects of Chapter 3.16-Purchasing Procedures of the Gonzales City Code.

BACKGROUND
California law requires general law cities such as Gonzales to advertise public works projects for competitive bidding if an involved project is anticipated to cost more than $5,000. An alternative contracting process for public works has been established in the California Uniform Public Construction Cost Accounting Act (“UPCCAA”), as set forth in California Public Contract Code, Sections 22000 through 22050. The intent of the UPCCAA is to promote uniformity of cost accounting standards and allow greater flexibility for public agencies in the public contract bidding process.

The UPCCAA allows local agencies that elect to follow the cost accounting procedures in the “Cost Accounting Policies and Procedures Manual” to use alternative bidding procedures when they hire contractors to perform public works projects. Contracts are broken into three categories: no-bid contracts, informal contracts, and formal bidding contracts, each with its own monetary threshold and set of procedures as set by statute and Manual provisions.

AGENDA
ITEM
23 Packet Pg. 364
A decade ago, the City adopted a resolution choosing to perform public works projects pursuant to the alternative bidding and contracting procedures of the UPCCAA. As such, in November of 2015, the Council adopted Ordinance No. 2015-88 “Amending Section 3.16.085- Bidding Procedures for Public Construction Projects” of Chapter 3.16– Purchasing Procedures of the Gonzales City Code. The monetary thresholds established for the three categories of contractual bidding, no bid, informal and formal, which have been amended since the initial adoption of the UPCCAA bidding procedures, are currently set at $60,000, $200,000, and any amount over $200,000 respectively.

REVIEW & ANALYSIS
Pursuant to AB 2192, as of January 1, 2025, the public works contract bidding thresholds established for use under the UPCCAA have been increased.

The new bidding thresholds are as follows:

No Bid- Public Projects costing $75,000 or less can be performed pursuant to force account, negotiated contract or purchase order of $75,000 or less.

Informal Bidding- Public Projects costing $220,000 or less can be let to contract by informal procedures (solicitation of proposals).

Formal Bidding- Public Projects costing more than $220,000 are to be let to contract by formal noticed bidding procedures.

AB 2192 also includes language making an addition to the definition of “public projects” covered by the UPCCAA by adding “installation” work performed at publicly owned, leased or operated facilities. This change will be useful when adding or replacing large pieces of attached equipment, like HVAC systems, at such facilities.

Staff has prepared an ordinance amending Section 3.16.085 of Chapter 3.16 Purchasing Procedures of the Gonzales City Code to include the UPCCAA changes referenced above. We have also taken the opportunity to correct and add some language that appears to have been inadvertently altered or omitted in previous iterations of the Code. Staff believes that use of the UPCCAA process has proven to save time, money and effort in the City’s public works projects by expediting the contractor selection process, improving timeliness of project completion, and eliminating time-consuming and burdensome paperwork and noticing requirements associated with many typical contracts. The new monetary thresholds will also be helpful given recent and anticipated increased costs of construction materials.

The Council should keep in mind that in utilizing the UPCCAA process, all informal and formal public works contracts will continue to be awarded to the lowest responsive and responsible bidder. The City would also still be required to meet statutory requirements in its public works contracts for performance bonds, payment of prevailing wages, certificates of insurance and funding mandates.

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: Use of the increased monetary thresholds for public works projects should allow the City to continue to carry out numerous projects that contribute to the City’s safety, cleanliness and charm in a cost-efficient and timely manner.

Packet Pg. 365
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. X Yes ___No ___NA Explain: See above.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes ____ No _ NA
• Housing Yes ____ No X NA
• Recreation X Yes ____ No __ NA
• Environment X Yes ____ No __ NA
• Education Yes ____ No X NA
Explain: See above.

ALTERNATIVES
None at this time.

BUDGET IMPACT
Adoption of the proposed Ordinance should have no adverse impact on the budget, and may result in some cost savings associated with avoidance of typical bid procedures like preparation of bid solicitations and related publication requirements.

CONCLUSION
It is recommended that the City Council introduce, waive reading, and read by title only Ordinance No. 2025-151, An Ordinance of the City Council of the City of Gonzales Amending Section 3.16.085-Bidding Procedures for Public Construction Projects of Chapter 3.16-Purchasing Procedures of the Gonzales City Code.

Attachments:

1. Ordinance No. 2025-151
Packet Pg. 366
ORDINANCE NO. 2025-151

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GONZALES AMENDING SECTION 3.16.085- “BIDDING PROCEDURES FOR PUBLIC CONSTRUCTION PROJECTS” OF CHAPTER 3.16-PURCHASING PROCEDURES,

OF THE GONZALES CITY CODE
WHEREAS, the City has, by resolution, chosen to perform certain public works projects subject to the procedures of the Uniform Public Construction Cost Accounting Act (UPCCAA) (Public Contract Code 22000 et seq.), and has adopted City Code Section 3.16.085 by ordinance in accordance therewith; and
WHEREAS, pursuant to City Code Section 3.16.085, the City may perform public works projects less than or equal to $60,000 without going through any specific bidding process, may use an informal bidding process for public works projects less than or equal to $200,000, and must use formal bidding procedures for public works projects in excess of $200,000; and WHEREAS, pursuant to AB 2192, which became effective in January of 2025, provisions of the UPCCAA were amended to slightly broaden the definition of a “public project” and to increase the monetary thresholds applied to the three categories of public works contracts, and the City now wishes to amend its City Code to reflect these changes; and WHEREAS, City Staff and the Council continue to believe that the alternative bidding and award process established by the UPCCAA reduces both time and resources used in the administration of public works project contracts; and
WHEREAS, use of the UPCCAA contracting procedures will assist the City in achieving the best work at a fair price.

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

Section 1. All of the recitals set forth above are true and correct and incorporated herein as findings.

Section 2. The definition of “Public Project” as set forth in Subsection B of Section

3.16.085 Bidding Procedures for Public Construction Projects of Chapter 3.16 Purchasing Procedures of the Gonzales City Code, is amended as follows:

3.24.080- Bidding procedures for public works construction projects …
B. Definitions: The definitions employed in article 1 of chapter 2, part 3, division 2 of Public Contract Code section 22000 et seq., and their statutory successors shall govern the construction of this section.

Accordingly, a “public project” means any of the following:

Packet Pg. 367 Attachment: Ordinance No. 2025-151 (3283 : Ordinance No. 2025-151 Amending Chapter 3 Bidding Procedures for Public Construction

1. Construction, reconstruction, erection, alteration, renovation, improvement, demolition, installation, and repair work involving any publicly owned, leased, or operated facility.

2. Painting or repainting of any publicly owned, leased, or operated facility.

3. In the case of a publicly owned utility system, “public project” shall include only the construction, erection, improvement, or repair of dams, reservoirs, power plants, and electrical transmission lines of two hundred thirty thousand (230,000) volts and higher.

A “public project” does not include maintenance work, such as:

1. Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes.

2. Minor repainting.

3. Resurfacing of streets and highways at less than one inch (1”).

4. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.

5. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines of two hundred thirty thousand (230,000) volts and higher.

Section 3. The portions of Subsection C. of Section 3.16.085- “Bidding Procedures for Public Construction Projects” of Chapter 3.16- Purchasing Procedures, as set forth below, are hereby amended as follows:

C. Contract Letting Procedures: Except as otherwise provided herein, the provisions of the uniform public construction cost accounting act, Public Contract Code Section 22000 et seq., shall be controlling.
. . .

2. No Bidding Required: Public projects less than or equal to sixty seventy-five thousand dollars ($6075,000.00) may be performed by city staff, by force account with a contractor, by negotiated contract, or by use of a purchase order, pursuant to section 22032 of the Public Contract Code.

3. Informal Bids: The city shall follow the following informal bidding procedure for public projects of two hundred and twenty thousand dollars ($2200,000.00) or less, or Packet Pg. 368 Attachment: Ordinance No. 2025-151 (3283 : Ordinance No. 2025-151 Amending Chapter 3 Bidding Procedures for Public Construction those public projects as specified in either section 22032(b) or section 22020 of the Public Contract Code.
a. Notice: A notice inviting informal bids shall be sent to: 1) all contractors on the city’s list of qualified contractors for the category of work being bid, and 2) all construction trade journals as specified in section 22036 of the Public Contract Code and as named by the California uniform construction cost accounting commission.
(1) The mailing of notices to contractors and construction trade journal shall be completed not less than ten (10) calendar days before bids are due.
(2) The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for the submission of bids. b. Authority to Award Bid: The City Council shall authority to award informal contracts. The City Council may reject any or all bids presented and waive any irregularity or informality in such bids. The Contract shall be awarded to the lowest responsive, responsible bidder. If two or more bids are the same and the lowest, the City Council may accept the bid of its choice. is hereby delegated to the city manager unless In the event all informal bids received are in excess of two hundred and twenty thousand dollars ($2200,000.00), in which case the city council may, by passage of a resolution by a four-fifths (4/5) vote, award the contract at the amount set forth in section 22034(f) of the Public Contract Code or less to the lowest responsible bidder, if it determines that cost estimate of the responsible department head was reasonable.

If no bids are received, the project may be performed by city employees, by force account or negotiated contract without further complying with this section.

4. Formal Bids: The City shall follow the following formal bidding procedure for public projects greater than two hundred and twenty thousand dollars ($2200,000.00), or as specified in either Section 22032(b) or section 22020 of the Public Contract Code. . . .

Section 4 - Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance or the application of such provision to other persons or circumstances shall not be affected thereby.

Section 5. CEQA Compliance. The adoption of this ordinance is exempt from the California Environmental Quality Act, based on 14 California Code of Regulations Section 15061(b)(3), where, as the case here, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and Section 15060(c) (3)- the activity is not a project as defined in Section 15378.

Packet Pg. 369 Attachment: Ordinance No. 2025-151 (3283 : Ordinance No. 2025-151 Amending Chapter 3 Bidding Procedures for Public Construction Section 6. Effective Date. This ordinance shall be in full force and effect thirty (30) days following a second reading hereof. Before the expiration of fifteen (15) days following passage, this Ordinance shall be published once with the names of the members of the City Council members voting for or against the ordinance in a newspaper of general circulation in Gonzales.

This ordinance was introduced at a regular meeting of the City Council of the City of Gonzales on the 2
nd day of June, 2025, and was adopted at a regular meeting of the City Council on the ___ day of June, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Jose L. Rios, The Honorable Mayor
ATTEST:

Mary Villegas, Deputy City Clerk
Packet Pg. 370 Attachment: Ordinance No. 2025-151 (3283 : Ordinance No. 2025-151 Amending Chapter 3 Bidding Procedures for Public Construction

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