AGENDA
REGULAR MEETING OF THE
CITY OF KING CITY COUNCIL
AND
Sitting as SUCCESSOR AGENCY OF
THE RDA FOR THE CITY OF KING
TUESDAY OCTOBER 11, 2022
6:00 P.M.
CITY HALL
212 S. VANDERHURST AVENUE
KING CITY, CALIFORNIA 93930
The City Council meeting will be conducted in hybrid in-person/virtual format.
To join the meeting virtually, please use the link below to join the Zoom meeting:
https://bit.ly/3e0zvaR
Meeting ID: 881 5287 9536
Or by telephone: 1-669-900-9128
Passcode: 052933
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1. CALL TO ORDER
2. ROLL CALL: Council Members Darlene Acosta, Robert Cullen, Carlos DeLeon, Mayor Pro Tem Carlos Victoria, and Mayor Mike LeBarre
3. FLAG SALUTE
4. CLOSED SESSION ANNOUNCEMENTS
5. SPECIAL PRESENTATIONS
None
6. PUBLIC COMMENT
Any member of the public may address the Council for a period not to exceed three minutes’ total on any item of interest within the jurisdiction of this Council that is not on the agenda. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda. Comments should be directed to the Council as a whole and not to any individual Council Member. Slanderous, profane or personal remarks against any Council Member, staff member or member of the audience is not permitted.
7. COUNCIL COMMUNICATIONS & COMMITTEE REPORTS
Individual Council Members may comment on Council business, his or her Council activities, City operations, projects or other items of community interest. Council Members may also request staff to report back at a subsequent meeting on any matter or take action to direct staff to prepare a staff report for a future agenda.
8. STAFF COMMUNICATIONS
Comments presented by the City Manager, City Attorney or other staff on City business and/or announcements.
9. CONSENT AGENDA
The following items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Members of the audience may speak on any item(s) listed on the Consent Agenda. Any Council Member, the City Manager, or the City Attorney may request that an item be withdrawn from the Consent Agenda to allow for full discussion.
The Council may approve the remainder of the Consent Agenda on one motion. Items withdrawn from the Consent Agenda may be considered by separate motions at the conclusion of the discussion of each item.
A. Consideration: Meeting Minutes of September 27, 2022, Council Meeting Recommendation: approve and file.
B. Consideration: City of King Check Register September 16, through September 30, 2022
Recommendation: receive and file.
C. Consideration: Reimbursement Agreement for Union Pacific to Review of the King City Multimodal Transit Center Accelerated Access Platform Project Recommendation: 1) approve and authorize the City Manager to execute a Reimbursement Agreement with Union Pacific Railroad Company to review project submittals for the King City Multimodal Transit Center Accelerated Access Platform project; 2) authorize the City Manager to make nonsubstantive changes as necessary in a form approved by the City Attorney; and 3) appropriate $100,000 from the Transportation Facilities Development Impact Fee Fund for this project.
D. Consideration: Mulch and Compost Giveaway Program
Recommendation. approve the proposed mulch and compost giveaway program.
E. Consideration: Successor Agency Check Register for September 16 through September 30, 2022
Recommendation: receive and file.
F. Consideration: Award of Bid for the 2022 King City Sediment Removal Project Recommendation: 1) award the base bid for the 2022 King City Sediment Removal Project as proposed by low bidder, Specialty Construction Company, in the amount of $69,995.00; and 2) authorize the City Manager to execute the contract and approve change orders up to 25%.
G. Consideration: City of King KCCP Payments for the Month of August 2022 Recommendation: receive and file.
H. Consideration: Position Reallocation
Recommendation: adopt a Resolution: 1) approving reclassification of the Police Clerk position to Customer Service Assistant – Police; and 2) approving job description.
I. Consideration: A Resolution of the City Council of the City of King Making Findings Related to the Continued Existence of a State of Emergency Due to COVID-19 and Re-Authorizing the Conduct of Public Meetings of the Legislative Bodies of the City Via Remote Teleconferencing for an Initial 30- Day Period Pursuant to the Ralph M. Brown Act as Amended by Assembly Bill No. 361
Recommendation: adopt a Resolution making findings related to the continued existence of a State of Emergency due to COVID-19 and re-authorizing the conduct of public meetings of the legislative bodies of the city via remote teleconferencing for an initial 30-day period pursuant to the Ralph M. Brown act as amended by AB 361.
J. Consideration: Elimination of the Fire Facilities, Vehicles and Equipment Development Impact Supplemental Fee for Buildings with 3 or More Stories Recommendation: adopt a Resolution amending the City of King Master Fee Schedule to eliminate the Fire Facilities, Vehicles and Equipment Development Impact Supplemental Fee for buildings with 3 or more stories.
10. PUBLIC HEARINGS
A. Consideration: An Ordinance Establishing Duties and Responsibilities of the City Clerk
Recommendation: introduce an Ordinance establishing Chapter 2.09 pertaining to the City Clerk to be read by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.
11. REGULAR BUSINESS
A. Consideration: Contract Services Agreement with First Tee Monterey County for Operation and Management of the King City Golf Course Recommendation: 1) approve and authorize the City Manager to execute a Contract Services Agreement with First Tee Monterey County for operation and management of the King City Golf Course; and 2) appropriate $150,000 for FY 2022-23 for the Golf Course operation.
B. Consideration: Award of Bid for the 2022 King City Sewer Improvements Project, Including Adopting Finding of a Categorical Exemption Pursuant to Section 15301 of the CEQA Guidelines
Recommendation: 1) award the base bid for the 2022 King City Sewer Improvements Project as proposed by low bidder, Monterey Peninsula Engineering, in the amount of $1,999,687.97; 2) authorize the City Manager to approve change orders up to 10%; and 3) adopt a finding of a Categorical Exemption, pursuant to Class 1, Section 15301 (b) of the CEQA Guidelines.
12. CITY COUNCIL CLOSED SESSION
Announcement(s) of any reportable action(s) taken in Closed Session will be made in open session and repeated at the beginning of the next Regular City Council meeting as this portion of the meeting is not recorded.
None
13. ADJOURNMENT
The City of King is an equal opportunity provider and employer.
Not official minutes of the meeting.
RE D U C E R E U S E R E C Y C L E
“To manage Salinas Valley solid waste as a resource, promoting sustainable, environmentally sound and cost-effective practices through an integrated system of waste reduction, reuse, recycling, innovative technology, customer service, and education.”
BOARD OF DIRECTORS
M E E T I N G HI G H L I G H T S
September 15, 2022
Employee of the Year
The 2022 Employee of the Year Award was received by Mike Silva, Solid Waste Technician. Mike has been with the Authority since 2005 and was selected by his co-workers for his commitment, contributions, splendid work ethic, and exceptional dedication to serving the Salinas Valley Community by helping reduce waste to keep our environment clean. Congratulation Mike! Welcome Onboard
The Authority introduced to the Board employees hired since July 1, 2021.
Sara Papineau-Brandt, Resource Recovery Technician I
Isidro Lopez, HHW Maintenance Worker II
Oswaldo Olalde, HHW Maintenance Worker II
Jose Luis Garcia, Diversion Worker II
Fernando Orejel, Equipment Maintenance Technician II
2021-22 Salinas Valley Recycles 25th Anniversary Annual Report The report proudly highlights the many accomplishments, events, and activities of the past fiscal year. It includes statistics on waste landfilled, diverted tonnage and a seven-year comparison of customer trip counts that demonstrates an increase since 2015-16 fiscal year. Detailed information on the programs and events that the Authority manages and attends throughout the year to promote waste reduction, resource recovery, and conservation within its jurisdiction is included in the report, along with information on grants received and given, plus much more. The full report is available on our website at https://svswa.org/about-us/annual-reports/.
Marketing and Media Overview 2021-22
The Board received a report on the previous fiscal year’s marketing and media efforts to reach the public. The report highlighted the campaign created for Senate Bill 1383 to help educate the public on its requirements, the expansion of the social media outreach, the update and restructure of the Authority website, and the inperson events attended by staff to conduct in person education. A brief overview of the goals for 2022-23 were also reported on. To view the full report please visit our website www.salinavalleyrecycles.com .
Follow us on:
FINANCIAL REPORT FOR MONTH ENDED JULY 2022 (8.3% OF THE FISCAL YEAR) Revenue collected $ 21,415,865 (9.3% of Estimated Revenue of $23,271,850) Expenditures for operations $ 19,567,993 (6.2% of Operating Budget of $20,725,000) Cash balance $ 32,797,437
7(A)
Not official minutes of the meeting.
“Manejar los residuos sólidos del Valle de Salinas como un recurso, promocionando prácticas sostenibles y ecológicamente racionales y practicas costos eficaces a través de un sistema integrado de reducción, reutilización, reciclaje, tecnología innovadora, servicio al cliente y educación.”
R E D U C I R R E U T I L I Z A R R E C I C L A R
JUNTA DIRECTIVA
N O T A S DE S T A C A D A S
15 de septiembre 2022
(Agencia gubernamental de gestión de residuos sólidos)
Empleado Del Año
El premio del Empleado del Año 2022 fue recibido por Mike Silva, Técnico de Residuos Sólidos. Mike ha estado con la Agencia desde el 2005 y fue seleccionado por sus compañeros de trabajo por su compromiso, contribuciones, esplendida ética de trabajo y dedicación excepcional para servir a la comunidad del Valle de Salinas al ayudar a reducir los desechos para mantener limpio nuestro medio ambiente. ¡Felicidades Mike!
Bienvenidos a Bordo
Los empleados contratados desde el 1 de julio de 2021 fueron presentados al Consejo.
Sara Papineau-Brandt, Técnica de Recuperación de Recursos I Isidro López, Trabajador de Mantenimiento de Residuos Peligrosos del Hogar II Oswaldo Olalde, Trabajador de Mantenimiento de Residuos Peligrosos del Hogar II José Luis García, Trabajador de Desvío II
Fernando Orejel, Técnico de Mantenimiento de Equipos II Informe Anual de 25 Años de Salinas Valley Recycles del Año Fiscal 2021-22 El informe destaca con orgullo los muchos logros, eventos y actividades del último año fiscal. Incluye estadísticas sobre residuos vertidos, tonelaje desviado y una comparación de siete años de recuentos de viajes de clientes que demuestra un aumento desde el año fiscal 2015-16. En el informe se incluye información detallada sobre los programas y eventos que la Agencia administra y a los que asiste durante todo el año para promover la reducción de desechos, la recuperación de recursos y la conservación dentro de su jurisdicción, junto con información sobre las subvenciones recibidas y otorgadas, y mucho más. El informe completo está disponible en nuestro sitio web en https://svswa.org/about-us/annual-reports/.
Resumen de Marketing y Medios 2021-22
El Consejo recibió un informe sobre los esfuerzos de marketing y medios de comunicación para llegar al público del año fiscal anterior. El informe destacó la campaña creada para el Proyecto de Ley del Senado 1383 para ayudar a educar al público sobre sus requisitos, la expansión del alcance de las redes sociales, la actualización y reestructuración del sitio web de la Agencia y los eventos en persona a los que asiste el personal para llevar a cabo la educación en persona. También se informó una breve descripción de los objetivos para el 2022-23. Para ver el informe completo, visite nuestro sitio web
www.salinavalleyrecycles.com.
Síganos en:
INFORME FINANCIERO DEL MES FIN ALIZADO EN JULIO 2022 (8.3% DEL AÑ O FISCAL) Ingresos recaudados $ 21,415,865 (9.3% del Ingreso Estimado de $23,271,850) Gastos de operaciones $ 19,567,993 (6.2% del Presupuesto Operativo de $20,525,000) Saldo de caja $ 32,797,437
City Council Meeting
September 27, 2022
1.__CALL TO ORDER:
Regular Meeting called to order at 6:00pm by Mayor LeBarre.
2.__ROLL CALL:
City Council: Mayor Mike LeBarre, Council member, Darlene Acosta, Rob Cullen, Carlos DeLeon, Mayor Pro Tem Carlos Victoria.
City Staff: City Manager Steve Adams; City Attorney Roy Santos (Telecommute); City Clerk, Erica Sonne.
3.__FLAG SALUTE:
The flag salute was led by Mayor LeBarre.
4. CLOSED SESSION ANNOUNCEMENTS:
None
5.__PRESENTATIONS:
None
6. PUBLIC COMMUNICATIONS:
None
7. COUNCIL COMMUNICATIONS:
Council Member Cullen stated that the Mayor and City Manager are speaking at Rotary on October 12, 2022. Blue Zones work site Summit in Council chambers on October 26, 2022, 4p.m.-5:30p.m. Fair board meeting it was stated that temporary housing is going smoothly. Fair received four sizable grants to rehabilitate the Expo building. Final numbers for the Fair fireworks booth was $12,000.
Mayor Pro Tem Victoria stated he was sorry he missed the solar lighting dedication as he got called into work, but he heard from some excited public that it was a good event, and they are so happy with the lighting. He thanked all that participated in this.
Council Member Acosta stated at the League of California Cities she heard a lot about food waste recyclables, and she feels it would be good to have more education on that out to the public.
Council Member DeLeon would like to get an update from the Salinas Valley Waste Authority and Waste Management on how the recycling is going with food waste.
Mayor LeBarre stated he had nothing for tonight.
9(A)
8. CITY STAFF REPORTS AND COMMENTS:
City Manager Steven Adams stated that the City is working with the Library while they recarpet the library and letting them use the Visitor and History Center along with the Book Mobile in the next week while it is happening.
City Attorney Roy Santos apologized for not being in person however he was in mediation all day.
9. CONSENT AGENDA
A. Consideration: Meeting Minutes of September 13, 2022, Council Meeting B. Consideration: Special Meeting Minutes of August 30, 2022, Council Meeting C. Consideration: City of King Check Register September 1, through September 15, 2022 D. Consideration: Job Descriptions Updates
E. Consideration: Wind Kinetic Sculpture Selection Process and Consultant Services F. Consideration: Long-Range Financial Plan Update
G. Consideration: Cal Poly City and Regional Planning Laboratory H. Consideration: Amended Mills Ranch Affordable Housing Agreement I. Consideration: City of King KCCP Payments for the Month of July 2022 Mayor LeBarre commented on item E and G. He is happy about the wind kinetic project. He thanked Doreen for making it possible for the city to work with Cal Poly once again.
Action: Motion to approve consent agenda items A--I by and Cullen seconded by Victoria.
AYES: Council Members: LeBarre, Acosta, Cullen, DeLeon, Victoria NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
10. PUBLIC HEARINGS:
None
11. REGULAR BUSINESS:
Council member Cullen recused himself from this item and left the building due to a conflict of having a business with in 500ft. of this property.
A. Consideration: Lease Agreement for Temporary Use of the City Property for Food Truck City Manager Adams introduced this item. Criteria has been set up for food trucks demonstrating they are in discussions for a lease or building they would purchase. It will only be for 3 months, 3 days a week.
Action: Motion to City Council 1) approve and authorize the City Manager to execute a Lease Agreement with R Truck, Inc. for temporary use of the City’s property at 332 Broadway Street as a pilot program to determine the market conditions for a brick and mortar restaurant; and 2) authorize the City Manager to make non-substantive modifications to the Lease Agreement if necessary in a form approved by the City Attorney by DeLeon and seconded by Acosta.
AYES: Council Members: LeBarre, Acosta, DeLeon, Victoria
NOES: Council Members:
ABSENT: Council Members: Cullen,
ABSTAIN: Council Members:
12. CITY COUNCIL CLOSED SESSION
None
ADJOURNMENT:
Mayor LeBarre adjourned the meeting at 6:27p.m. on a motion by Victoria and a second by DeLeon.
Motion carried 4-0.
Approved Signatures:
Mayor, Michael LeBarre City Clerk, Erica Sonne
City of King City of King
Item No. 9(B)
REPORT TO THE CITY COUNCIL
DATE: OCTOBER 11, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER
SEPTEMBER 16 THROUGH SEPTEMBER 30, 2022
RECOMMENDATION:
It is recommended City Council receive and file.
BACKGROUND:
At least once a month, the City Treasurer shall submit to the City Council, a copy of the invoices paid for the previous month.
DISCUSSION:
The purpose of this item is to provide the Council an opportunity to review and monitor ongoing expenditures. These documents are attached.
COST ANALYSIS:
There is no fiscal impact as a result of this action.
ENVIRONMENTAL REVIEW:
No Environmental Review required for this item.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
1. Receive and file the report; or
2. Provide other direction to staff regarding requests for additional information.
Item No. 9 (C)
REPORT TO THE CITY COUNCIL
DATE: OCTOBER 11, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, PUBLIC WORKS DIRECTOR/CITY
ENGINEER
RE: CONSIDERATION OF REIMBURSEMENT AGREEMENT FOR
UNION PACIFIC REVIEW OF THE KING CITY MULTIMODAL
TRANSIT CENTER ACCELERATED ACCESS PLATFORM
PROJECT
RECOMMENDATION:
It is recommended the City Council: 1) approve and authorize the City Manager to execute a Reimbursement Agreement with Union Pacific Railroad Company to review project submittals for the King City Multimodal Transit Center Accelerated Access Platform project; 2) authorize the City Manager to make non-substantive changes as necessary in a form approved by the City Attorney; and 3) appropriate $100,000 from the Transportation Facilities Development Impact Fee Fund for this project.
BACKGROUND:
The City, in partnership with the San Luis Obispo Council of Governments (“SLOCOG”), received approval for funding under the State Rail Assistance (“SRA”) Program to complete the pre-construction portion of the MMTC project.
Since approximately 2006, the City has been actively developing plans to construct the MMTC on land adjacent to the rail corridor along First Street between Pearl Street and Broadway Street. The King Station passenger service platform was identified in the 2018 California State Rail Plan in the 2022 scenario: "Make early investment in additional local stops on the Coast Route in Soledad and King City, for immediate use by the long-distance Coast Starlight and longer-term use by intercity trains between Goleta and Gilroy." As a way to fast-track this project, SRA funding can be used to design and construct a temporary railroad platform to enable the Coast Starlight to serve residents of the City, personnel of Fort Hunter-Liggett, visitors to the Pinnacles
CITY COUNCIL
CONSIDERATION OF REIMBURSEMENT AGREEMENT FOR UNION
PACIFIC REVIEW OF THE KING CITY MULTIMODAL TRANSIT CENTER
ACCELERATED ACCESS PLATFORM PROJECT
OCTOBER 11, 2022
PAGE 2 OF 5
National Park and residents of neighboring rural, low-income communities along this rail corridor. If the funding available is not sufficient to complete all tasks, the contract may be structured in phases and additional funding will be requested to complete the final phases in the future.
The Amtrak-managed Coast Starlight service currently operates between Salinas and Paso Robles without stopping anywhere along this 100-mile section of the Central Coast. A rail station ("King's Station") was first opened in the City of King in 1886, but King City and the surrounding area are not currently served by any rail service even though the rail corridor is within walking distance of most of the town. The City is identified in the 2018 California State Rail Plan in the 2027 scenario: "Provide bihourly integrated intercity rail and integrated express bus service from Salinas to San Luis Obispo, including at least one intercity rail service in addition to the long-distance Coast Starlight." Additionally, King City acts as the gateway to the nearby United States Army Garrison Fort HunterLiggett, which has seen significantly increased activity since the 9/11 terrorist attacks.
The City needs to finalize pre-construction work before applying for funding for construction of the accelerated access railroad platform. On August 13, 2019, the City entered into a SRA grant agreement with the San Luis Obispo Council of Governments in the amount of $1,471,470.00 to provide funding for engineering, design and pre-construction activities needed for a passenger rail station platform in King City.
The City selected Railpros as the prime consultant to perform the following tasks:
• Take the lead in seeking UPRR, AMTRAK and other agencies’ approval(s) and agreement(s) for a new railroad crossing at Broadway Street, acquisition of right-of-way necessary for the new crossing at Broadway Street and the proposed temporary platform and MMTC at Pearl Street, and other required items; and
• Design and engineer an accelerated access railroad platform at Pearl Street and a new crossing at Broadway Street.
The primary deliverables include:
• Design for the King City Interim Station Platform (accelerated access) and the new crossing at Broadway Street;
• Final Estimate, Schedule and Funding Plan for Construction; and
CITY COUNCIL
CONSIDERATION OF REIMBURSEMENT AGREEMENT FOR UNION
PACIFIC REVIEW OF THE KING CITY MULTIMODAL TRANSIT CENTER
ACCELERATED ACCESS PLATFORM PROJECT
OCTOBER 11, 2022
PAGE 3 OF 5
• Services and Operations Agreement with UPRR and AMTRAK.
The King City temporary rail platform improvements shall include the following:
• Track and platform improvements at and adjacent to the King City Train Station;
• Station improvements at the King City Train Station to accommodate a temporary platform;
• Track improvements required for operation of rail service between Goleta and Gilroy (The necessary improvements to operate a rail stop at King City); • Construction of improvements to connect Jayne Street to Broadway Street (ultimate) and to Chestnut Avenue (temporary);
• Installation of lighting, landscaping, signage and fencing at the station and parking areas to accommodate an accelerated access platform (not the ultimate Multimodal Center);
• Installation of station amenities, such as ticket vending machines, station signage, seating, shelters, and a visual message system, as needed to accommodate the accelerated access platform; and
• Utility investigations, as needed.
• Represent City of King in seeking approval of UPRR and other stakeholders and obtain agreements to assist the City in the pre-construction phase of building a railroad platform.
Railpros has completed all work to prepare draft platform design for Union Pacific review. Design work cannot proceed without Union Pacific input. On November 15, 2021, Amtrak submitted a letter to Union Pacific Railroad requesting the Coast Starlight service trains #11 and #14 make an additional station stop at King City pursuant to Section 3.2 of the Agreement dated January 1, 2000.
DISCUSSION:
On February 25, 2022, Union Pacific Railroad responded to Amtrak’s request stating they are open to the additional station stop at King City contingent on the following: 1) Amtrak and Union Pacific reaching an agreement on the schedule
CITY COUNCIL
CONSIDERATION OF REIMBURSEMENT AGREEMENT FOR UNION
PACIFIC REVIEW OF THE KING CITY MULTIMODAL TRANSIT CENTER
ACCELERATED ACCESS PLATFORM PROJECT
OCTOBER 11, 2022
PAGE 4 OF 5
adjustment needed to accommodate the stop; 2) King City completing construction of the platform conforming to Union Pacific standards as well as the associated infrastructure modifications negotiated between King City and Union Pacific to accommodate the stop; and 3) Union Pacific reserves the right to eliminate or require alteration of the stop if volumes significantly change in the future.
Union Pacific has agreed to collaborate with King City on the conceptualization and development of the project and has prepared a reimbursement agreement for preliminary engineering services. This is necessary to move the design drawings beyond the current 10% stage.
The scope Union Pacific will undertake with this agreement is to perform field diagnostics and inspections, prepare project design comments, review improvement plans and specifications, prepare an estimate for force account or other work needed to be performed by Union Pacific Railroad and meeting and travel expenses.
COST ANALYSIS:
Available grant funds for the design of this project is $1,471,470.00. Railpros consulting agreement is $1,279,323.00. The remaining $192,147.00 is available to provide Environmental Review and Project Management. Allocating $175,000.00 for the Union Pacific Review of project will cause available grant funding for project management to run out before the end of the design phase.
Therefore, there will be impact on City funding of approximately $80,000.00 to $100,000.00. In addition, project review by Union Pacific may generate additional costs which are unknown at this time. Staff will continue to look into other sources of funding for this project. These additional costs are proposed to be funded from the Transportation Facilities Development Impact Fee Fund.
Sufficient funding currently exists in that fund.
ENVIRONMENTAL REVIEW:
The Project is covered by the Final Program Environmental Impact Report/Statement (“EIR/S”) that SLOCOG completed for the San Luis Obispo - Salinas rail corridor, and the City will coordinate with UPRR on a Categorical Exemption for a temporary railroad platform within the existing rail right-of-way.
The full buildout station project would be subject to subsequent environmental analysis tiering off of the Final Program EIR/S. The City will contract separately for the environmental review.
1 UPRR REMS
Project 786153
REIMBURSEMENT AGREEMENT
PRELIMINARY ENGINEERING SERVICES
Effective Date:
Estimate: $175,000.00
THIS REIMBURSEMENT AGREEMENT (Agreement) is made and entered into as of the Effective Date, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (Railroad), and KING CITY, CALIFORNIA (Agency).
RECITALS
A. Agency desires to initiate the project more particularly described on Exhibit A attached hereto (Project).
B. The Project will affect Railroad's track and right of way at or near the Project area more particularly described on Exhibit A.
C. Railroad agrees to collaborate with Agency on the conceptualization and development of the Project in accordance with the terms and conditions of this Agreement.
AGREEMENT
NOW THEREFORE, the parties hereto agree as follows:
1. Railroad, and/or its representatives, at Agency's sole cost and expense, agrees to perform (or shall cause a third-party consultant to perform on Railroad's behalf) the preliminary engineering services work described on Exhibit B attached hereto (PE Work). Agency acknowledges and agrees that: (a) Railroad's review of any Project designs, plans and/or specifications, as part of the PE Work, is limited exclusively to potential impacts on existing and future Railroad facilities and operations; (b) Railroad makes no representations or warranties as to the validity, accuracy, legal compliance, or completeness of the PE Work; and (c) Agency's reliance on the PE Work is at Agency's own risk.
2. Notwithstanding the Estimate (Estimate), Agency agrees to reimburse Railroad and/or Railroad's third-party consultant, as applicable, for one hundred percent (100%) of all actual costs and expenses incurred for the PE Work. During the performance of the PE Work, Railroad will provide (and/or will cause its third-party consultant to provide) progressive billing to Agency based on actual costs in connection with the PE Work. Within sixty (60) days after completion of the PE Work, Railroad will submit (and/or will cause its third-party consultant to submit) a final billing to Agency for any balance owed for the PE Work. Agency shall pay Railroad (and/or its third-party consultant, as applicable) within thirty (30) days after Agency's receipt of any progressive and final bills submitted for the PE Work. Bills will be submitted to the Agency using the contact information provided on Exhibit C. Agency's obligation hereunder to reimburse Railroad (and/or its third-party consultant, as applicable) for the PE Work shall apply regardless whether Agency declines to proceed with the Project or Railroad elects not to approve the Project.
EXHIBIT 1
2 4. Agency acknowledges and agrees that Railroad may withhold its approval for the Project for any reason in its sole discretion, including without limitation, impacts to Railroad's safety, facilities, or operations. If Railroad approves the Project, Railroad will continue to work with Agency to develop final plans and specifications, and prepare material and force cost estimates for any Project related work performed by Railroad.
5. If the Project is approved by Railroad, Railroad shall prepare and forward to Agency a Construction and Maintenance Agreement (C&M Agreement) which shall provide the terms and conditions for the construction and ongoing maintenance of the Project. Unless otherwise expressly set forth in the C&M Agreement, the construction and maintenance of the Project shall be at no cost to Railroad. No construction work on the Project affecting Railroad's property or operations shall commence until the C&M Agreement is finalized and executed by Agency and Railroad.
6. Neither party shall assign this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned, or delayed.
7. No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties.
8. This Agreement sets forth the entire agreement between the parties regarding the Project and PE Work. To the extent that any terms or provisions of this Agreement regarding the PE Work are inconsistent with the terms or provisions set forth in any existing agreement related to the Project, such terms and provisions shall be deemed superseded by this Agreement to the extent of such inconsistency.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the Effective Date.
KING CITY, CALIFORNIA UNION PACIFIC RAILROAD COMPANY,
a Delaware Corporation
Signature Signature
Peggy Ygbuhay
Printed Name Printed Name
Manager I, Engineering – Public Projects
Title Title
Exhibit A
Project Description and Location
Project Description
King City, CA proposes construction of a new passenger station on the Coast Subdivision.
Project to inlcude new station platform, new track construction, track realingment, siding extensions and crossing modifications at the locations referred to below; full scope and impact to crossings to be determined through project development and CPUC diagnostic process.
Location
Coast Subdivision
DOT
Crossing
Type Milepost Street Name
753755Y Public 159.694 San Antonio Drive
752123M Public 160.08 Bitterwater Road
752121Y Public 160.42 Pearl Street
TBD Public 160.27 Broadway Street
Exhibit B
Scope of Project Services
Scope of work includes, but is not limited to the following • Field diagnostic(s) and inspections
• Plan, specification, and construction review
• Project design
• Preparation of Project estimate for force account or other work performed by the Railroad
• Meetings and travel
Exhibit C
Billing Contact Information
Name Octavio Hurtado
Title City Engineer
Address 212 South Vanderhurst Avenue, King City, CA, 93930 Work Phone (831) 385-3281
Cell Phone
Email [email protected]
Agency
Project No.
EXHIBIT 2
Item No. 9 (D)
REPORT TO THE CITY COUNCIL
DATE: OCTOBER 11, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF MULCH AND COMPOST GIVEAWAY
PROGRAM
RECOMMENDATION:
It is recommended the City Council approve the proposed mulch and compost giveaway program.
BACKGROUND:
At the August 9th meeting, the City Council approved revisions to the Code Enforcement Program priorities. One of the changes adopted was an increase in the priority of proactively enforcing requirements for residents to maintain front yards.
Staff also included a recommendation to implement a free mulch and compost program. Staff is recommending the City Council approve implementation of the program at this time.
DISCUSSION:
Maintaining front yards is important to beautification efforts in order to provide attractive neighborhoods and good quality of life. The City is increasing enforcement of front yard maintenance requirements due to a number of complaints of excessive weeds and/or lack of landscaping. The King City Municipal Code requires front yard landscaping, and dirt yards are not permitted.
While grass is allowed, residents are encouraged to pursue drought tolerant ground covers, including decomposed granite, decorative rock, bark, or mulch.
Some plants are also required.
CITY COUNCIL
CONSIDERATION OF MULCH AND COMPOST GIVEAWAY PROGRAM
OCTOBER 11, 2022
PAGE 2 OF 3
Under the new California organics recycling regulations, the City is required to purchase a large amount of mulch and compost generated from the recycled materials on an ongoing basis. As a result, staff recommended utilizing a portion of these materials to make available to members of the community at no cost to relandscape their front yards. Since the City will likely receive significant resistance in enforcement of the requirements, this will help by providing a nocost alternative for residents to address compliance. It will also provide a viable alternative to increasing water use by avoiding installation of turf.
It is proposed to begin offering free mulch groundcover and compost fertilizer to all residents while it lasts beginning November 1
st
. It will consist of recycled
materials from the City’s organics recycling program. Residents will be able to pick up the mulch and compost at the City’s closed landfill site at the northern end of Industrial Way. For those who are unable to transport it, it is proposed the Public Works Department offer delivery to a residence at no cost. Delivery appointments would be scheduled by contacting City Hall. While the delivery option will require staff time, staff believes it is an important component in order to make meaningful progress in addressing dirt and unmaintained yards in King City. Staff will monitor the staff time involved and could eliminate the delivery service in the future if it becomes too labor intensive.
Staff will begin with public education regarding both the program and regulations, including an announcement in the next City newsletter distributed to all households and businesses. Promotion will also include incentives provided by Cal Water for turf removal.
COST ANALYSIS:
There is no direct cost impact from this item, but there will be Public Works Department staff time required. The mulch and compost materials will be free the first two years due to a grant obtained by the Salinas Valley Waste Authority.
ENVIRONMENTAL REVIEW:
The priority list is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as it does not have the potential for resulting in either a direct physical change to the environment or a reasonably foreseeable indirect physical change in the environment. No further action is required under CEQA for City Council action.
Item No. 9(E)
REPORT TO THE SUCCESSOR AGENCY TO THE FORMER KING CITY CDA DATE: OCTOBER 11, 2022
TO: HONORABLE CHAIR AND MEMBERS OF THE BOARD
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF SUCCESSOR AGENCY CHECK
REGISTER FOR SEPTEMBER 16 THROUGH SEPTEMBER 30,
2022
RECOMMENDATION:
It is recommended the City Council acting as the Successor Agency Board receive and file.
BACKGROUND:
At least once a month, the City Treasurer shall submit to the Successor Agency Board, a copy of the invoices paid for the previous month.
DISCUSSION:
The purpose of this item is to provide the Council an opportunity to review and monitor ongoing expenditures. These documents are attached.
COST ANALYSIS:
There is no fiscal impact as a result of this action.
ENVIRONMENTAL REVIEW:
No Environmental Review required for this item.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
1. Receive and file the report; or
2. Provide other direction to staff regarding requests for additional information.
Item No. 9 (F)
STAFF REPORT
DATE: OCTOBER 11, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, PUBLIC WORKS DIRECTOR/CITY
ENGINEER
RE: CONSIDERATION OF AWARD OF BID FOR THE 2022 KING
CITY SEDIMENT REMOVAL PROJECT
RECOMMENDATION:
It is recommended City Council: 1) award the base bid for the 2022 King City Sediment Removal Project as proposed by low bidder, Specialty Construction Company, in the amount of $69,995.00; and 2) authorize the City Manager to execute the contract and approve change orders up to 25%.
BACKGROUND:
On September 12, 2017, Council approved entering into an agreement to participate in the Salinas River Maintenance Program. The purpose of the agreement is to ensure compliance with the terms and conditions of the U.S.
Army Corps of Engineers’ 404 Permit, State Regional Water Quality Control Board 401 Certification, and the Program Guidelines.
A component of the Salinas River Stream Maintenance Program is to remove sediment along the San Lorenzo Creek. Maintenance of the San Lorenzo Creek Channel is a high priority due to potential flooding during major storms.
Sediment has built up over the years, reducing the flow capacity of the creek. To help minimize the damage to adjacent properties along the San Lorenzo Creek, Monterey County Water Resource Agency (MCWRA) obtained environmental permits several years ago to perform various maintenance activities within the Salinas River and the San Lorenzo Creek. These permits consist of the U.S Army Corps of Engineers (USACE) General 404 Permit and the State of California Regional Water Quality Control Board (RWQCB) 401 Water Quality Permit. These permits restrict the activities performed within the Salinas River and the San Lorenzo Creek by the adjacent property owners.
CITY COUNCIL
CONSIDERATION OF AWARD OF BID FOR THE 2022 KING CITY SEDIMENT
REMOVAL PROJECT
OCTOBER 11, 2022
PAGE 2 OF 3
The permits allow for 2,000 Cubic Yards of sediment to be removed within each permit year. The City prepared and submitted a work plan to remove sediment and transport it to a site upstream. The upstream site was sold by the City, but the rights to place sediment associated with this program were retained.
The City participated in the program in 2017 and removed the first 2,000 cubic yards of sediment along the Creek between US 101 bridge to the first golf course access bridge. In 2018, the City did not participate in the program due to budget constraints. In 2019 through 2021, the City resumed participation in the sediment removal program upstream from the US 101 bridge. This would be the fifth round of sediment removal to help reduce the potential of flooding.
DISCUSSION:
The City received an approved Verification Request Form (VRF) under Routine Maintenance Agreement No 1600-2016-0016-R4 for the proposed work.
Improvement Plans and Specifications were put out to bid for the 2022 King City Sediment Removal Project. The proposed project consists of sediment removal of 2,000 cubic yards out of the San Lorenzo Creek downstream of the US 101 bridge. Sediment is to be trucked out along an established access route. No more than two feet in depth of sediment will be removed, and the upstream-todownstream slope will be maintained. The areas where sediment removal will take place are devoid of vegetation, so vegetation removal will not occur. Access will follow existing routes. No new access routes will be created.
The City received the following bids:
Contractor Base bid
Specialty Construction Company Inc. $69,995.00
The Don Chapin Company Inc. $74,000.00
Monterey Peninsula Engineering $79,000.00
COST ANALYSIS:
Funding for this project was included in the 2022/2023 budget. The City appropriated $100,000 to prepare plans and specs, perform the work, and provide inspection and biological monitoring.
ENVIRONMENTAL REVIEW:
MCWRA has obtained environmental permits to perform various maintenance activities with the Salinas River and the San Lorenzo Creek. These permits consist of the U.S Army Corps of Engineers (USACE) General 404 Permit and
RMA 1600-2016-0016-R4 Page 1
rev. 6/5/17
FOR DEPARTMENT USE ONLY
Date Received RMA No. VRF No. Number of Maintenance Projects 1600-2016-0016-R4
California Department of Fish and Wildlife
VERIFICATION REQUEST FORM AND AGREEMENT
Routine Maintenance Agreement
No. 1600-2016-0016-R4
Salinas River Stream Maintenance Project
This VRF is being submitted in accordance with the California Department of Fish and Wildlife (CDFW) Routine Maintenance Agreement Number 1600-2016-0016-R4 (RMA), which prohibits a Responsible Party from beginning or completing a routine Maintenance Project without an approved VRF. CDFW approval of a VRF is given on an individual basis to a Responsible Party as a subpermittee under the RMA. A VRF signed by CDFW (VRF Agreement) signifies CDFW’s determination that a Maintenance Project, if implemented as detailed in the VRF Agreement, is consistent with the RMA. Capitalized terms used in this VRF are as defined in the RMA.
Location of Work
Name of Stream: RMU Number (if Salinas River):
Maintenance Projects
Sediment Removal
Grading without Sediment Removal
Vegetation Removal ( Including Grading)
Arundo Initial Treatment or Arundo Retreatment
Bar Ripping
Tree Planting
Related Project Activities
Access Route(s) without tree removal
Sediment Stockpiling
Salinas River
Secondary Channel Number(s) where work will occur, or nearest Secondary Channel:
Representative Latitude/Longitude Coordinates (decimal degrees) if work is entirely outside a secondary channel or selective treatment area:
EXHIBIT 1
RMA 1600-2016-0016-R4 Page 2
rev. 6/5/17
Description of Proposed Maintenance Work: Demonstrate concurrence with Project Description of the RMA (use extra pages as needed). For access routes associated with Maintenance Projects, describe sizes of areas to be mowed, and include access routes on aerial maps showing the extent of all work.
For sediment removal, for each connected secondary channel or selective treatment area included in this VRF, describe the size of the area of excavation and estimated volume of sediment removal. Describe sizes of areas to be temporarily disturbed from sediment stockpiles. Provide a map showing the excavation area(s), low flow channel relative to secondary channel(s), and sediment stockpile areas(s).
For grading without vegetation removal, describe the size of the area to be graded and a description of the activity in the secondary channel. Provide a map showing the area to be graded.
For vegetation removal, for each connected secondary channel or selective treatment area and associated access route included in this VRF, include habitat types and associated estimated area/acreage per habitat type; estimated number, and size(s) of trees requiring mitigation to be removed; estimated number of trees to be limbed; and methods to be used. Provide a map showing the estimated locations of all vegetation types. Indicate whether grading will occur after vegetation removal, estimate the size of the area to be graded, and specify on the map where grading is estimated to occur.
For arundo removal, describe the size of the area where arundo removal activity will occur. Describe the mechanical or herbicide treatment method. Provide a map showing the area to be treated.
For bar ripping, indicate how many bars will be treated and how many cuts/rips per bar. Provide a map showing the locations of bars and estimated rip lines.
For tree planting, describe the area where planting will occur and provide a map showing the location.
Include a description (written or on the map) of tree planting, the approximate number of each tree species to be planted, source of trees including locations of cuttings shown on a map, and methods to be used.
RMA 1600-2016-0016-R4 Page 3
rev. 6/5/17
Additional Terms and Conditions
Consistency with RMA. Once signed by CDFW, this VRF shall be considered a VRF Agreement between CDFW and Responsible Party as a subpermittee of the RMA. A VRF Agreement constitutes CDFW’s determination that a Maintenance Project, if implemented as described in this VRF Agreement, is consistent with the RMA.
Availability of VRF Agreement. Responsible Party shall ensure that this VRF Agreement, including exhibits, is readily available at each Work Site of a Maintenance Project at all times, and that this VRF Agreement is presented to any employee of CDFW or another governmental agency upon demand.
Training. Responsible Party shall incorporate any Protective Measures applicable to a Maintenance Project into required pre-construction training of personnel who will be working on the Maintenance Project site.
Access to Maintenance Project Work Site. Responsible Party, who is an owner, lessee, or other person entitled under the law to have and controls access to the Maintenance Project site as warranted in the SMP Agreement, grants CDFW permission to enter the Work Site on a reasonable basis with at least 24 hours’ notice to monitor and inspect compliance with the RMA and this VRF Agreement.
Suspension or Revocation. This VRF Agreement shall be automatically suspended or revoked if Permittee suspends or revokes the SMP Agreement. CDFW may suspend or revoke Responsible Party’s authorization under this VRF Agreement for failure to comply with its terms, including the Protective Measures of the RMA. Before CDFW suspends or revokes this VRF Agreement, it shall provide Responsible Party written notice by certified or registered mail that it intends to suspend or revoke. The notice shall state the reason(s) for the proposed suspension or revocation, provide Responsible Party an opportunity to correct any deficiency before CDFW suspends or revokes this VRF Agreement, and include instructions to Responsible Party, if necessary, including but not limited to a directive to immediately halt the specific activity or activities that caused CDFW to issue the notice. Responsible Party shall comply with CDFW’s instructions in the notice. CDFW Enforcement. Nothing in this VRF Agreement precludes CDFW from pursuing an enforcement action against Responsible Party instead of, or in addition to, suspending or revoking this VRF Agreement. Nothing in this VRF Agreement limits or otherwise affects CDFW's enforcement authority or that of its enforcement personnel. Responsible Party Liability. Responsible Party shall be solely liable, or jointly and severally liable in the case of multiple Responsible Parties, for any violations of this VRF Agreement, whether committed by Responsible Party or any person acting on behalf of Responsible Party, including its officers, employees, representatives, agents or contractors and subcontractors, to complete a Maintenance Project or any activity related to it that this VRF Agreement authorizes. Responsible Party Discretion To Proceed. This VRF Agreement does not constitute CDFW’s endorsement of, or require Responsible Party to proceed with any Maintenance Project. The decision to proceed with a Maintenance Project is Responsible Party’s alone. Incorporation of Exhibits and RMA. The exhibits referenced in this VRF Agreement and the terms and conditions of the RMA, including the Protective Measures, are fully incorporated in and made a part of this VRF Agreement.
No Authorization for Take. This RMA does not authorize the take (defined in Fish and Game Code section 86 as “hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill”) of State- or Federally-listed threatened or endangered species. This RMA does not provide State incidental take authority for any Maintenance Project. Responsible Party is responsible for securing any separate permitting required for any such take.
5/31/2022
RMA 1600-2016-0016-R4 Page 5
rev. 6/5/17
CDFW Approval of Maintenance Projects
VRF No.
________________________________________________ ________________________ CDFW Signatory Date
_______________________________________________ Print Name _______________________________________________
Title
BID SUMMARY September 29, 2022
Project: King City - Sediment Removal Project Job/File No.:
Specialty Contruction Don Chapin Monterey Peninsula
Date: 29-Sep-22
Item Description Quantity Unit Price Amount Price Unit Price Amount Price Unit Price Amount Price Base Bid
1 Remove 2000 CY of sediment 1 LS $69,995.00 $69,995.00 $74,000.00 $74,000.00 $79,000.00 $79,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Total $69,995.00 $74,000.00 $79,000.00
Hanna Brunetti
408-842-2173
7651 Eigleberry St Gilroy, CA
Fax 842-3662
printed
9/30/2022
Exhibit 2
2022 Fall Work Season
San Lorenzo Creek 1.37
Salinas River Stream Maintenance Program
Map created March 15, 2022
Wetlands - restricted
Sediment Removal
Access Routes
Parcel boundary
Maintenance Area 1.38
1.37 F
0 210 420 840 1,260 1,680
US Feet
1.24 1.25
1.26 1.27 1.28 1.29 1.30 1.38
1.37 1.22
1.23 Activities will follow all low-flow
channel setback requirements
Maintenance activity starts at the
downstream edge of bridge. Access is
from an already existing access route
for 1.38
Item No. 9(G)
REPORT TO THE CITY COUNCIL
DATE: OCTOBER 11, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING KCCP PAYMENTS FOR
THE MONTH OF AUGUST 2022
RECOMMENDATION:
It is recommended City Council receive and file.
BACKGROUND:
At least once a month, the City Treasurer shall submit to the City Council, a copy of the invoices paid for the previous month.
DISCUSSION:
The purpose of this item is to provide the Council an opportunity to review and monitor ongoing expenditures. These documents are attached.
COST ANALYSIS:
There is no fiscal impact as a result of this action.
ENVIRONMENTAL REVIEW:
No Environmental Review required for this item.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
1. Receive and file the report; or
2. Provide other direction to staff regarding requests for additional information.
Item No. 9 (H)
REPORT TO THE CITY COUNCIL
DATE: OCTOBER 11, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF POSITION REALLOCATION
RECOMMENDATION:
It is recommended the City Council adopt a Resolution: 1) approving reclassification of the Police Clerk position to Customer Service Assistant – Police; and 2) approving the job description.
BACKGROUND:
In 2021, the City Council approved upgrading the Police Clerk position from parttime to full-time. After reviewing the position’s duties, staff has determined the responsibilities are commensurate to tasks performed by the Customer Service Assistant positions. Therefore, it is recommended to reclassify the position to Customer Service Assistant.
DISCUSSION:
A separate job description is proposed to address the specialized job duties in the Police Department. In addition to increasing fairness in the classification system, designating several positions within a common classification will provide more opportunity for cross-training and flexibility to assign positions to cover needs during absences and other special circumstances.
COST ANALYSIS:
The proposed action will result in an increased annual cost of approximately $5,000, which can be addressed through the existing budget. No additional appropriation is necessary.
RESOLUTION NO. 2022-4907
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING
APPROVING THE CUSTOMER SERVICE ASSISTANT – POLICE
RECLASSIFICATION AND JOB DESCRIPTION
WHEREAS, the job responsibilities of the Police Clerk position have been reviewed; and WHEREAS, the level and complexity of job responsibilities of the Police Clerk position have been determined to be commensurate with the existing Customer Service Assistant classification; and
WHEREAS, the City of King requires job descriptions for each position as part of its classification plan; and
WHEREAS, the City desires to reclassify the Police Clerk position to Customer Service Assistant – Police to maintain fairness and equity in the City’s classification system; and
WHEREAS, the City desires to establish a job description for the Customer Service Assistant – Police position to accurately reflect the duties and responsibilities of the position.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of King approves the job description for the Customer Service Assistant - Police position as set forth in Exhibit A.
BE IT FURTHER RESOLVED that the City Council of the City of King approves reclassification of the existing Police Clerk position in the Police Department to Customer Service Assistant - Police.
This resolution was passed and adopted this 11th day of October, 2022 by the following vote:
AYES, Council Members:
NAYS, Council Members:
ABSENT, Council Members:
ABSTAIN, Council Members:
APPROVED:
_______________________________
Mike LeBarre, Mayor
ATTEST:
__________________________________
Erica Sonne, City Clerk
CC Resolution No. 2015-4489
APPROVED AS TO FORM:
___________________________________
Roy Santos, City Attorney
Exhibit A
Item No. 9 (I)
REPORT TO THE CITY COUNCIL
DATE: OCTOBER 11, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF KING MAKING FINDINGS RELATED TO THE
CONTINUED EXISTENCE OF A STATE OF EMERGENCY DUE
TO COVID-19 AND RE-AUTHORIZING THE CONDUCT OF
PUBLIC MEETINGS OF THE LEGISLATIVE BODIES OF THE
CITY VIA REMOTE TELECONFERENCING FOR AN
ADDITIONAL 30-DAY PERIOD PURSUANT TO THE RALPH M.
BROWN ACT AS AMENDED BY ASSEMBLY BILL NO. 361
RECOMMENDATION:
It is recommended the City Council adopt a Resolution making findings related to the continued existence of a State of Emergency due to COVID-19 and reauthorizing the conduct of public meetings of the legislative bodies of the city via remote teleconferencing for an additional 30-day period pursuant to the Ralph M.
Brown act as amended by AB 361.
BACKGROUND:
Starting March 2020, the Governor of California declared a State of Emergency to make additional resources available, formalize emergency actions already underway, and help the state prepare for broader spread of the coronavirus (COVID-19). On March 13, 2020, the President declared a National State of Emergency. As a result, on March 16, 2020, the City Manager signed a Proclamation of Local Emergency in King City, which was ratified by the City Council on March 20, 2020.
In March 2020, in response to the spread of COVID-19 in the County of in the County of Monterey, the County proclaimed a state of local emergency for the County of Monterey and thereafter issued orders from the County of Monterey Health Officer aimed at containing COVID-19.
CITY COUNCIL
CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF KING MAKING FINDINGS RELATED TO THE CONTINUED EXISTENCE OF A STATE OF EMERGENCY DUE TO COVID-19 AND RE-AUTHORIZING
THE CONDUCT OF PUBLIC MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY VIA REMOTE TELECONFERENCING FOR AN ADDITIONAL 30- DAY PERIOD PURSUANT TO THE RALPH M. BROWN ACT AS AMENDED BY ASSEMBLY BILL NO. 361
OCTOBER 11, 2022
PAGE 2 OF 4
On March 20, 2020, the City Council adopted Resolution No. 2020-4753 declaring and proclaiming the existence of a local emergency in the City in response to COVID-19.
The Governor subsequently issued a number of executive orders aimed at promoting social distancing to reduce the spread of COVID-19. The Orders included suspending the following requirements of the Ralph M. Brown Act governing how public meetings are conducted:
• the requirement that local agencies provide notice of each teleconference location from which a member of the legislative body will be participating in a public meeting;
• the requirement that each teleconference location be accessible to the public;
• the requirement that members of the public be able to address the legislative body at each teleconference conference location; • the requirement that local agencies post agendas at all teleconference locations; and
• the requirement that at least a quorum of the members of the local body participate from locations within the boundaries of the territory over which the local body exercises jurisdiction.
The legislative bodies conducted many of their meetings via remote teleconferencing consistent with the declaration of local emergency and executive orders issued by the Governor during the shutdown. Equipment was then installed in the Council Chambers that provides the added capability of hybrid simultaneous in-person and virtual meetings.
When the Order expired, State legislation was adopted that extended the ability to meet remotely under specified circumstances. When that expired, the City temporarily discontinued the ability of elected officials and board members to participate in meetings remotely. Additional State legislation has been proposed and is under consideration. In the meantime, the Governor’s declared State of Emergency remains in effect. This, along with the CDC and County Health Officer’s guidelines, provides the City Council the ability to make the findings necessary to continue to participate in meetings virtually.
CITY COUNCIL
CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF KING MAKING FINDINGS RELATED TO THE CONTINUED EXISTENCE OF A STATE OF EMERGENCY DUE TO COVID-19 AND RE-AUTHORIZING
THE CONDUCT OF PUBLIC MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY VIA REMOTE TELECONFERENCING FOR AN ADDITIONAL 30- DAY PERIOD PURSUANT TO THE RALPH M. BROWN ACT AS AMENDED BY ASSEMBLY BILL NO. 361
OCTOBER 11, 2022
PAGE 3 OF 4
The findings were last approved by the City Council at the September 13, 2022 meeting. Therefore, the approval is necessary again at this time next meeting will be over 30 days from the last approval because the .
DISCUSSION:
Provisions regarding the ability of Council, Board and Commission members participating in meetings remotely remain the same, which include the following:
• In each instance in which notice of the time of the teleconferenced meeting is given or the agenda for the meeting is posted, the legislative body shall also give notice of the manner by which members of the public may access the meeting and offer public comment;
• The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option; • The legislative body shall allow members of the public to access the meeting, and the agenda shall include an opportunity for members of the public to address the legislative body directly;
• In the event of a disruption which prevents the local agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored; and
• Written/remote public comment must be accepted until the point at which the public comment period is formally closed; registration/sign-up to provide/be recognized to provide public comment can only be closed when the public comment period is formally closed.
A number of circumstances could involve the need for virtual attendance, such as the following:
RESOLUTION NO. 2022-4908
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING MAKING
FINDINGS RELATED TO THE CONTINUED EXISTENCE OF A STATE OF EMERGENCY DUE TO COVID-19 AND RE-AUTHORIZING THE CONDUCT OF
PUBLIC MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY VIA REMOTE TELECONFERENCING FOR AN ADDITIONAL 30-DAY PERIOD PURSUANT TO THE RALPH M. BROWN ACT AS AMENDED BY ASSEMBLY BILL NO. 361
WHEREAS, the City Council of the City of King (“City”) are committed to preserving and nurturing public access and participation in meetings of the legislative bodies (as that term is defined in Government Code §54952, including commissions, boards and committees subject to the Brown Act) of the City (collectively, the “Legislative Bodies”); and WHEREAS, all meetings of the Legislative Bodies are open and public as required by the Ralph M. Brown Act, codified as Government Code §§ 54950 et seq., so that any member of the public may attend, participate, and observe the Legislative Bodies conduct their business; and WHEREAS, the Brown Act, at Government Code § 54953(e), as amended by Assembly Bill (AB) 361 effective October 1, 2021, makes provision for remote teleconferencing participation in public meetings by members of a Legislative Body without compliance with the provisions of Government Code § 54953(b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition under Government Code § 54953(e) is that the meeting is held during a state of emergency that has been declared by the Governor pursuant to Government Code § 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code § 8558; and
WHEREAS, a proclamation can be made under circumstances including conditions when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or human-caused disasters
WHEREAS, it is further required that state or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, starting in March 2020, in response to the spread of COVID-19 in the State of California, the Governor proclaimed a state of emergency for the State of California and thereafter issued a number of executive orders aimed at containing COVID-19; and WHEREAS, on March 20, 2020, the City Council adopted Resolution No. 2020-4753 declaring and proclaiming the existence of a local emergency in the City in response to COVID-19.
The Legislative Bodies have since conducted many of their meetings via remote teleconferencing consistent with the declaration of local emergency and executive orders issued by the Governor; and
WHEREAS, the executive orders issued by the Governor, among other things, waived requirements of the Brown Act expressly or impliedly requiring the physical presence of members of the legislative body, the clerk or other personnel of the body, or of the public as a condition of participation in or for the purpose of establishing a quorum for a public meeting. Without limitation, the orders waived the following requirements of Government Code §54953(b)(3):
• the requirement that local agencies provide notice of each teleconference location from which a member of the legislative body will be participating in a public meeting; • the requirement that each teleconference location be accessible to the public; • the requirement that members of the public be able to address the legislative body at each teleconference conference location;
• the requirement that local agencies post agendas at all teleconference locations; and • the requirement that at least a quorum of the members of the local body participate from locations within the boundaries of the territory over which the local body exercises jurisdiction; and
WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which rescinded the modifications made by the aforementioned executive orders, effective September 30, 2021. On September 16, 2021, the Governor signed AB 361, creating a modified set of provisions for local agencies for compliance with the Brown Act relative to remote meetings. AB 361 was made effective on October 1, 2021. These modifications include the following:
• In each instance in which notice of the time of the teleconferenced meeting is given or the agenda for the meeting is posted, the legislative body shall also give notice of the manner by which members of the public may access the meeting and offer public comment;
• The agenda shall identify and include an opportunity for all persons to attend via a callin option or an internet-based service option; • The legislative body shall allow members of the public to access the meeting, and the agenda shall include an opportunity for members of the public to address the legislative body directly;
• In the event of a disruption which prevents the local agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internetbased service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internetbased service option is restored; and • Written/remote public comment must be accepted until the point at which the public comment period is formally closed; registration/sign-up to provide/be recognized to provide public comment can only be closed when the public comment period is formally closed.
WHEREAS, the Governor’s proclaimed state of emergency and the City’s proclaimed local emergency related to COVID-19 remain in effect and encompass the jurisdictional boundaries of the City and Successor Agency. State of California and County of Monterey Public Health officials have recommended measures to promote social distancing, and the Centers for Disease Control and Prevention (“CDC”) continue to recommend physical distancing; and WHEREAS, as a consequence of the persisting state of emergency and the imposed or recommended social distancing measures, the Legislative Bodies may conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code § 54953, as authorized by subdivision (e) of Government Code § 54953, and that the Legislative Bodies may comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of Government Code § 54953; and WHEREAS, consistent with AB 361, during the effectiveness of this Resolution, the Legislative Bodies and their staff may choose to avail themselves with AB 361 and give notice of the manner by which members of the public may access the Legislative Bodies’ meetings and offer public comment; identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option; and allow members of the public to access the meeting, and the agenda shall include an opportunity for members of the public to address the Legislative Body directly.
NOW, THEREFORE, the City Council of the City of King does resolve as follows:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein by reference.
SECTION 2. The City Council has considered the existing conditions of the state of emergency in the City and, consistent with the provisions of Government Code § 54953(e), hereby finds and determines that: (1) a proclaimed statewide state of emergency and a proclaimed local emergency related to COVID-19 are both currently in effect and persist in the jurisdictional boundaries of the City; and (2) State, local and CDC officials have imposed or recommended measures to promote social distancing in connection with the COVID-19 emergency.
SECTION 3. The City Council hereby acknowledges the Governor’s proclaimed state of emergency and the City’s proclaimed local emergency (as may have been amended since their initial proclamation) which encompass their jurisdictional boundaries.
SECTION 4. The Legislative Bodies and staff are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, which may include the alternative of conducting all open and public meetings of the Legislative Bodies in accordance with Government Code § 54953(e) and other applicable provisions of the Brown Act.
SECTION 5. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) November 10, 2022, or (ii) such time as the City Council adopts a subsequent resolution in accordance with Government Code § 54953(e)(3) to extend the time during which the Legislative Bodies may continue to teleconference without compliance with paragraph (3) of subdivision (b) of Government Code § 54953.
SECTION 6. Should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
This resolution was passed and adopted this 11th day of October, 2022 by the following vote:
AYES, Council Members:
NAYS, Council Members:
ABSENT, Council Members:
ABSTAIN, Council Members:
APPROVED:
_______________________________
Mike LeBarre, Mayor
ATTEST:
___________________________________
Erica Sonne, City Clerk
APPROVED AS TO FORM:
____________________________________
Roy Santos, City Attorney
I, ________________________, City Clerk of the City of King, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of King on the date and by the vote indicated herein.
Item No. 9 (J)
REPORT TO THE CITY COUNCIL
DATE: OCTOBER 11, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF ELIMINATION OF THE FIRE FACILITIES,
VEHICLES AND EQUIPMENT DEVELOPMENT IMPACT
SUPPLEMENTAL FEE FOR BUILDINGS WITH 3 OR MORE
STORIES
RECOMMENDATION:
It is recommended the City Council adopt a Resolution amending the City of King Master Fee Schedule to eliminate the Fire Facilities, Vehicles and Equipment Development Impact Supplemental Fee for buildings with 3 or more stories.
BACKGROUND:
At the May 28, 2019 meeting, the City Council approved establishing a fee on development of buildings with 3 or more stories. The purpose of the fee was to fund purchase of a Quint aerial apparatus, which is a fire engine with a ladder attachment. The proposal was part of a plan to allow increased height of buildings in designated areas deemed appropriate. Therefore, the need for the apparatus was caused by proposals to increase the height of buildings, and the cost and fee were directly related to the projects that were assessed the fee.
The Quint aerial apparatus will replace an existing engine over 30 years old, but also includes a ladder to serve buildings of greater height. This will help maintain the City’s fire rating and enhance firefighting capabilities by enabling the Fire Department to apply water from above the buildings.
DISCUSSION:
The City recently received approval for a State grant of $1 million for the purchase of the Quint aerial apparatus. The grant will pay for the majority of costs for the fire engine purchase. The remainder of the cost can be funded from
Item No. 10 (A)
REPORT TO THE CITY COUNCIL
DATE: OCTOBER 11, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF AN ORDINANCE ESTABLISHING DUTIES
AND RESPONSIBILITIES OF THE CITY CLERK
RECOMMENDATION:
It is recommended the City Council introduce an Ordinance establishing Municipal Code Chapter 2.09 pertaining to the City Clerk to be read by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.
BACKGROUND:
In 2011, due to budget constraints, the City Council adopted an Ordinance transferring City Clerk responsibilities to the City Manager on an ex officio basis if so designated by the City Council. The City Council adopted a new Memorandum of Understanding (MOU) with the King City Confidential Employees Association (KCCEA) on June 14, 2022 and a new Classification Plan on June 28, 2022 reclassifying the Executive Assistant/Deputy City Clerk position to City Clerk. Subsequently, the City Manager appointed Erica Sonne to serve as City Clerk effective on July 2, 2022.
DISCUSSION:
When the change was made in 2011, the prior section in the Municipal Code outlining responsibilities of the City Clerk appears to have been deleted. The City Attorney has prepared an Ordinance attached for City Council consideration that will reinstitute provisions regarding the duties and responsibilities of the City Clerk. It is particularly important to ensure there is no ambiguity regarding oversight of the election process in case an election issue was to arise that required an official determination. It is recommended the City Council introduce the Ordinance.
01222.0001/821167.1
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KING ESTABLISHING CHAPTER 2.09 OF TITLE 2 OF THE KING CITY MUNICIPAL CODE PERTAINING
TO THE CITY CLERK
WHEREAS, the City of King (“the City”) has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City, California Constitution Article XI, section 7; and
WHEREAS, pursuant to the City’s express statutory authority and its inherent police power, the City desires to enact reasonable regulations for the establishment of the City Clerk position, compensation for the City Clerk, and the duties and responsibilities of the City Clerk.
NOW THEREFORE, the City Council of the City of King does hereby ordain as follows:
SECTION 1. The above recitals are incorporated are hereby by reference.
SECTION 2. The Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment. (CEQA Guidelines § 15061(b)(3).) Further, the adoption and implementation of this Ordinance is not a project, as defined in CEQA Guidelines section 15378, because it has no potential for resulting in physical change to the environment, either directly or indirectly, and is therefore not subject to environmental review under CEQA pursuant to CEQA Guidelines section 15060(c)(3).
SECTION 3. Chapter 2.09, of Title 2, of the King City Municipal Code is hereby established to read in its entirety as follows:
Chapter 2.09
CITY CLERK
Section 2.09.010 Creation and Appointment.
The office of City Clerk is created and established pursuant to Government Code section 36501. The city council has vested the city manager with its power to appoint or dismiss the City Clerk pursuant to California Government Code Section 34586.
Section 2.09.020 Performance Reviews and Compensation.
The City Manager shall be delegated by the City Council the power and responsibility of conducting performance reviews and setting the salary of the City Clerk.
Section 2.09.030 Duties and Responsibilities.
A. The City Clerk shall have all of the powers, duties and responsibilities granted to and imposed upon the office of the City Clerk by the applicable provisions of the Government Code, other general laws of the State, the provisions of this code, and the ordinances and resolutions of the City of King.
B. The principal functions of the City Clerk shall be to:
01222.0001/821167.1
1. Attend all regular meetings of the City Council except when excused by the City Manager, and be responsible for the timely recording and maintaining of a record of all the actions of the City Council;
2. Keep all ordinances and resolutions of the City Council in such a manner that the information contained therein will be readily accessible and open to the public. The City Clerk shall attest to each resolution and ordinance adopted by the City Council and, as to ordinances requiring publication, that the ordinance has been published or posted in accordance with law;
3. Prepare requirements, schedule and maintain all records of the Council and of the office of the City Clerk, and prepare the records retention schedule for City departments in such manner that the information contained therein will be readily accessible and open to the public pursuant to the California Public Records Act, Government Code Section 6250 et seq., until such time as any of the records may be destroyed or reproduced and the original destroyed, in accordance with State law;
4. Serve as the official custodian of all City records;
5. Receive, organize, prepare and reply to requests regulated by the California Public Records Act;
6. Serve as custodian of the seal of the City;
7. Prepare the City Council agendas, in conjunction with and under the direction of the City Manager;
8. Perform the duties prescribed by the Elections Code in conducting municipal elections;
9. Perform the duties imposed upon city clerks by the California Political Reform Act;
10. Be responsible for the maintenance and distribution of the City’s Municipal Code;
11. Receive and forward to appropriate departments all claims filed against the City and its officers, agents or employees, pursuant to the provisions of the Tort Claims Act, Government Code Section 900 et seq., and 26 of this code;
12. Administer all official oaths of office;
13. Certify all official records of the City;
14. Display decorum and conduct befitting a holder of a public office; work cooperatively and positively with employees, managers, commissioners and members of the public; maintain exceptional customer service at all times; and
15. Perform such other duties as assigned.
01222.0001/821167.1
SECTION 4: EFFECTIVE DATE.
This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation.
I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the _____ day of _________________ 2022, and adopted the Ordinance after the second reading at a regular meeting held on the ____ day of _______________ 2022, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
Erica Sonne, City Clerk
CITY OF KING
By:
MIKE LEBARRE, Mayor
APPROVED AS TO FORM:
By:
ROY C. SANTOS, City Attorney
Aleshire & Wynder, LLP
I, ______________________________, City Clerk of the City of King, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of King on the date and by the vote indicated herein.
Item No. 11 (A)
REPORT TO THE CITY COUNCIL
DATE: OCTOBER 11, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF CONTRACT SERVICES AGREEMENT
WITH FIRST TEE MONTEREY COUNTY FOR OPERATION AND
MANAGEMENT OF THE KING CITY GOLF COURSE
RECOMMENDATION:
It is recommended the City Council: 1) approve and authorize the City Manager to execute a Contract Services Agreement with First Tee Monterey County for operation and management of the King City Golf Course; and 2) appropriate $150,000 for FY 2022-23 for the Golf Course operation.
BACKGROUND:
The existing contract for operation of the King City Golf Course is due to expire on October 31st. The City recently issued a Request for Proposal (RFP) for selection of the operator in the future beginning on November 1st. At the conclusion of the process, the City Council selected The First Tee - Monterey County. Since that time, staff has been negotiating the terms of the contract, which is being presented at this time for City Council consideration.
DISCUSSION:
The motion approved by City Council at the August 30th special public workshop was to direct staff to present an agreement with First Tee Monterey County and to limit the commitment to funding for capital improvements to a 5-year period contingent upon approval of the Local Sales Tax Measure in November 2022.
Staff and representatives have reached agreement on the attached contract for City Council consideration. The City Attorney drafted the agreement and approved all changes.
CITY COUNCIL
CONSIDERATION OF CONTRACT SERVICES AGREEMENT WITH FIRST
TEE MONTEREY COUNTY FOR OPERATION AND MANAGEMENT OF THE
KING CITY GOLF COURSE
OCTOBER 11, 2022
PAGE 2 OF 4
The agreement is proposed for a 5-year agreement with the ability to extend for an additional 5-year term with mutual agreement of both parties. If First Tee assumes costs for capital projects, it was agreed that staff would recommend extensions at that time to ensure there is time to justify the investment.
The agreement will take effect on November 1st. Per the terms of the proposal, the City will pay First Tee a subsidy for any amount that expenditures exceed revenues up to $120,000 the first year, $60,000 the second year, and $0 after that. Costs will not include expenses for youth programming. First Tee will be responsible for all operations and maintenance.
Initial rates are set forth in the agreement. First Tee will have authority for rate increases unless they exceed the median for all golf courses within a 65 distance.
Staff is proposing the following commitment to improvements at the Golf Course:
• Complete repairs to the irrigation well to maintain it in an operational condition by November 1, 2022; continue to make periodic repairs to the well as needed; and replace the well or provide for an alternative water source by October 31, 2027 contingent upon adoption of the local sales tax measure.
• Reimburse First Tee for improvements to the irrigation system in an amount not to exceed $44,500.
• The following improvements to the Clubhouse building by March 1, 2023 contingent upon the availability of necessary contractor(s) and materials:
1) add pour stone material to the front entry door in order to address accessibility requirements;
2) replace the landing and create legal slope with patch and asphalt at the exit door to the lounge area;
3) replace the door(s) in the lounge area;
4) remove and replace sheets of exterior grade plywood under the garage structure;
5) repair or replace the water heater;
6) repair or replace the roof as determined necessary by a roofing contractor; and
7) construct replacement of the men’s and women’s restaurant with one gender neutral ADA compliant restroom and/or provide temporary portable ADA accessible restrooms.
CITY COUNCIL
CONSIDERATION OF CONTRACT SERVICES AGREEMENT WITH FIRST
TEE MONTEREY COUNTY FOR OPERATION AND MANAGEMENT OF THE
KING CITY GOLF COURSE
OCTOBER 11, 2022
PAGE 3 OF 4
• Patch existing potholes and restripe the Golf Course parking lot by November 1, 2022 and resurface the parking lot with a slurry seal treatment by November 1, 2025.
• Patch all holes in the Golf Course pedestrian/golf cart bridge by November 1, 2022 and renovate the bridge with a new wood base and paved surface by October 31, 2027 contingent upon adoption of the Local Sales Tax Measure.
Staff determined the most serious deficiencies that need to be addressed on an immediate basis due to liability. Other improvements will be completed over a 5- year period if the Local Sales Tax Measure is approved. City staff and First Tee will also coordinate to identify a way to replace some of these proposed improvements with temporary measures in order to provide more time for planning of long-term future goals for the facility. In addition, City staff and First Tee will coordinate in developing other funding strategies to make improvements that would be beneficial to complete sooner than specified in the proposed agreement.
COST ANALYSIS:
The total cost to the City for the first year of the agreement is projected to be a maximum of $250,000. City Council previously allocated $50,000 in the budget for the new Golf Course agreement. Of the $120,000 operational subsidy, $50,000 will be incurred in the next fiscal year. Therefore, staff is recommending an additional appropriation of $150,000 for FY 2022-23.
ENVIRONMENTAL REVIEW:
Operation of the Golf Course is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as they do not have the potential for resulting in either a direct physical change to the environment or a reasonably foreseeable indirect physical change in the environment. No further action is required under CEQA for City Council action.
ALTERNATIVES:
The following alternatives are provided for City Council consideration:
1. Approve staff's recommendation;
2. Direct staff to renegotiate changes to the agreement; or
3. Do not approve the agreement and provide staff other direction.
EXHIBIT 1
Item No. 11 (B)
STAFF REPORT
DATE: OCTOBER 11, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, PUBLIC WORKS DIRECTOR/CITY
ENGINEER
RE: CONSIDERATION OF AWARD OF BID FOR THE 2022 KING
CITY SEWER IMPROVEMENTS PROJECT, INCLUDING
ADOPTING FINDING OF A CATEGORICAL EXEMPTION,
PURSUANT TO SECTION 15301 OF THE CEQA GUIDELINES
RECOMMENDATION:
It is recommended City Council: 1) award the base bid for the 2022 King City Sewer Improvements Project as proposed by low bidder, Monterey Peninsula Engineering, in the amount of $1,999,687.97; 2) authorize the City Manager to approve change orders up to 10%; and 3) adopt a finding of a Categorical Exemption, pursuant to Class 1, Section 15301 (b) of the CEQA Guidelines.
BACKGROUND:
The City maintains approximately 33 miles of gravity sewer lines ranging in size from 6 inch up to 27 inches in diameter. The current minimum standard size sewer line is 8-inches. The 6-inch lines are generally located in the older part of the City and where constructed out of vitrified clay pipe (VCP).
In 2017, the City’s Collection Systems Master Plan was prepared by Carollo Engineers. The Master Plan is intended as the guiding document to plan and implement sewer collection system improvements to accommodate future growth and to propose sewer improvements required to correct existing deficiencies.
An important component of the study was to look at prioritizing the required capital improvements for the City’s sewer collection system. The improvements were prioritized based on two factors: 1) upgrading existing facilities to mitigate current deficiencies and to serve future customers; and 2) building new trunks necessary to serve future users. Lynn Street and Pearl Street have been identified as the highest distribution system improvements needed at this time.
CITY COUNCIL
CONSIDERATION OF AWARD OF BID FOR THE 2022 KING CITY SEWER
IMPROVEMENTS PROJECT, INCLUDING ADOPTING FINDING OF A
CATEGORICAL EXEMPTION, PURSUANT TO SECTION 15301 OF THE
CEQA GUIDELINES
OCTOBER 11, 2022
PAGE 2 OF 3
Improvement Plans and Specifications were put out to bid for the 2022 King City Sewer Improvements Project on August 26, 2022. The project consists of replacing the existing 6-inch clay sewer lines with 8-inch PVC sewer lines, connecting the existing sewer laterals to the new line, replacing the sanitary sewer manholes and providing trench restoration. In addition, the project includes grinding and paving 3 inches of asphalt concrete over the full width and length of the Lynn Street and Pearl Street.
DISCUSSION:
The Collection System Master Plan placed the small diameter sewer replacement program as project 3 in Phase 1 (2018-2027). Improvements to existing facilities will provide sufficient capacity to mitigate existing issues and to convey increased flows resulting from future growth. Capacity deficient sewer lines are to be upgraded to a larger diameter following the same slope of the existing lines.
The street resurfacing component of the project will take place after the sidewalk and curb ramp improvements are complete by the ongoing sidewalk improvement project funded by CDBG and is part of a larger effort to increase mobility, transportation connections and correct deficiencies along daily routes for the community.
The project need has been identified by a long history of sewer backups on these streets where Public Works staff are called out during working and non-working hours to run the sewer jetter and unplug the lines. For the past four years, staff has identified these streets as potential sewer spill hot spots and coordinates with Greenline to conduct quarterly sewer line cleaning to minimize sewer backups.
The City received the following bids:
Contractor Base bid
Granite Rock $2,093,257.75
Hartzell General Engineering $2,379,478.10
Specialty Construction $2,538,843.81
Anderson Construction $2,823,011.50
Monterey Peninsula Engineers $1,999,687.97
EXHIBIT 1
BID SUMMARY September 26, 2022
Project: King City - Sewer Improvements Job/File No.:
MPE Granite Rock Hartzell General Engineer Specialty Construction Anderson Contruction Bid Date: 26-Sep-22
Item Description Quantity Unit Price Amount Price Unit Price Amount Price Unit Price Amount Price Unit Price Amount Price Unit Price Amount Price Base Bid
1 Pothole & Verify Location & Dept of Existing Utilities 1 LS $78,500.00 $78,500.00 $45,000.00 $45,000.00 $135,000.00 $135,000.00 $47,000.00 $47,000.00 $30,000.00 $30,000.00 2 Furnish adequate Sheeting, shoring, &bracing 1 LS $20,000.00 $20,000.00 $10,000.00 $10,000.00 $92,000.00 $92,000.00 $11,000.00 $11,000.00 $20,000.00 $20,000.00 3 Demolition, Removal, Excavation, and Disposal 1 LS $35,000.00 $35,000.00 $68,000.00 $68,000.00 $21,000.00 $21,000.00 $25,000.00 $25,000.00 $16,000.00 $16,000.00 4 Furnish & Install 8" Sanitary Sewer Pipe- Lynn St 2,367 LF $181.00 $428,427.00 $185.00 $437,895.00 $198.00 $468,666.00 $182.00 $430,794.00 $245.00 $579,915.00 5 Furnish and Install 8" Sanitary Pipe- Pearl St 2,368 LF $166.00 $393,088.00 $185.00 $438,080.00 $185.00 $438,080.00 $183.00 $433,344.00 $235.00 $556,480.00 6 Furnish and Install Sanitary Sewer Manhole 12 EA $9,200.00 $110,400.00 $9,500.00 $114,000.00 $10,000.00 $120,000.00 $15,500.00 $186,000.00 $16,000.00 $192,000.00 7 Furnish and Install Work Area Trench Rest- Lynn St 2,377 LF $18.00 $42,786.00 $25.00 $59,425.00 $51.00 $121,227.00 $71.00 $168,767.00 $45.00 $106,965.00 8 Furnish and Install Work Area Trench Rest- Pearl St 2,378 LF $18.00 $42,804.00 $25.00 $59,450.00 $51.00 $121,278.00 $71.00 $168,838.00 $45.00 $107,010.00 9 4" Sanitary Sewer Leteral- Pipe and Pavement Rest 153 EA $400.00 $61,200.00 $500.00 $76,500.00 $530.00 $81,090.00 $1,350.00 $206,550.00 $1,000.00 $153,000.00 10 3" AC curb to curb 234,587 SF $3.31 $776,482.97 $3.25 $762,407.75 $3.30 $774,137.10 $3.63 $851,550.81 $4.50 $1,055,641.50 11 Raise Existing Manholes to Grade 5 EA $2,200.00 $11,000.00 $4,500.00 $22,500.00 $1,400.00 $7,000.00 $2,000.00 $10,000.00 $1,200.00 $6,000.00 Total $1,999,687.97 $2,093,257.75 $2,379,478.10 $2,538,843.81 $2,823,011.50 City of King
831-386-5936
212 S Vanderhurst Ave
King City, CA printed
9/30/2022
EXHIBIT 2