Agenda — King City City Council, November 8, 2022

AGENDA

REGULAR MEETING OF THE

CITY OF KING CITY COUNCIL
AND
Sitting as SUCCESSOR AGENCY OF

THE RDA FOR THE CITY OF KING
TUESDAY NOVEMBER 08, 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
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, Please contact the City Clerk's Office (831-386-5925) at least 48 hours prior to the Meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting. * Please submit all correspondence for City Council PRIOR to the meeting with a copy to the City Clerk.

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 October 25, 2022, Council Meeting Recommendation: approve and file.

B. Consideration: City of King Check Register October 16, through October 31, 2022
Recommendation: receive and file.

C. Consideration: Amended Contract Services Agreement with First Tee Monterey County for Operation and Management of the King City Golf Course Recommendation: approve and authorize the City Manager to execute an amended Contract Services Agreement with First Tee Monterey County for operation and management of the King City Golf Course.

D. Consideration: An Ordinance of the City Council of the City of King Amending Title 12, Chapters 12.04 and 12.08 of the King City Municipal Code Adopting the 2022 California Building and Fire Codes
Recommendation: waive the second reading by title only and adopt an Ordinance of the City Council of the City of King Amending Title 12, Chapters

12.04 and 12.08 of the King City Municipal Code Adopting the 2022 California Building and Fire Codes.

E. 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 Additional 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 additional 30-day period pursuant to the Ralph M.

Brown act as amended by AB 361.

F. Consideration: State Local Agency Technical Assistance Grant and Broadband Planning Study
Recommendation: 1) authorize the City Manager to accept a Local Agency Technical Assistance Grant in an amount up to $500,000, certify the City will comply with all requirements, and execute all required documents; and 2) approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with Golden State Connect Authority to implement the Local Agency Technical Assistance Grant.

G. Consideration: Amendment to Architectural Services Agreement with Reiss Design Studio, PC
Recommendation: approve and authorize the City Manager to execute an Amendment to the Architectural Services Agreement with Reiss Design Studio, PC for on-call as needed architectural services to increase the not-toexceed amount from $75,000 to $150,000.

10. PUBLIC HEARINGS
None

11. REGULAR BUSINESS
None

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.

Monthly Schedule, September 2022
Mike LeBarre, Mayor, King City California
MONTHLY MEETINGS:
9-2 Monterey County Water Resource Agency (MCWRA),
Personal and Administration Committee, Zoom
9-2 Monterey County Water Resource Agency (MCWRA),
Finance Committee, Zoom
9-2 House America/HUD, Zoom
9-2 Monterey County Mayors Association (MCMA), Zoom
9-2 CA Mayors Association, Zoom
9-7 Transportation Agency of Monterey County (TAMC),
Executive Committee, Zoom
9-7 Transportation Agency of Monterey County (TAMC), Bicycle and Pedestrian Facilities Committee, Zoom
9-12 Monterey-Salinas Transit (MST) Board of Directors, Zoom 9-12 Transportation Agency of Monterey County (TAMC), Rail Policy Committee, Chair, Zoom
9-13 King City Council, Council Chambers
9-16 House America/HUD, Zoom
9-19 Monterey County Water Resource Agency (MCWRA),
Board of Directors, Zoom
9-21 Monterey Bay Air Resource District (MBARD) Board of Directors, Zoom
9-23 Monterey County Water Resource Agency (MCWRA),
Special meeting, Zoom
9-23 California Council of Governments (CalCOG) Board of Directors, Zoom
9-26 Salinas Valley Mayors and Managers (SVMM), Zoom
9-26 Leadership Council/Continuum of Care, Zoom
9-27 King City Council, Council Chambers
9-28 Transportation Agency of Monterey County (TAMC), Board of Directors, 1st Vice Chair, Zoom
9-29 South Salinas Valley Broadband Authority (SSVBA),
Greenfield
9-30 Monterey County Water Resource Agency (MCWRA),
Special meeting, Zoom
LOCAL-STATE-FEDERAL BRIEFINGS:
9-1 Whitehouse Briefing, Zoom
9-8 Whitehouse Briefing, Zoom
9-15 Whitehouse Briefing, Zoom
9-22 Whitehouse Briefing, Zoom
9-29 Whitehouse Briefing, Zoom

ADDITIONAL MEETINGS/EVENTS
9-7 KION interview/Heat Wave, King City
9-8 SART/CART Collaboration meeting, Zoom
9-9 Fort Hunter Liggett Patriot Day Ceremony, FHL
9-9 Meeting with CPMS students receive letters, City Hall 9-12 Blue Zones Project Quarterly meeting, Monterey
9-13 Trashion Show/Alliance on Aging, King City
9-14 104.3 SMG Radio Interview w/John Michael, Phone
9-20 Monterey County Regional Water Forum, Zoom
9-28 Rotary Luncheon/Desal, King City
9-28 CPUC local gov’t liason meeting, City Hall
7(A)
Monthly Schedule, October 2022
Mike LeBarre, Mayor, King City California
MONTHLY MEETINGS:
10-3 Transportation Agency of Monterey County (TAMC), Rail Policy Committee, Chair, Zoom
10-5 Transportation Agency of Monterey County (TAMC),
Executive Committee, Zoom
10-5 Transportation Agency of Monterey County (TAMC),
Bicycle and Pedestrian Facilities Committee, Zoom
10-7 Monterey County Water Resource Agency (MCWRA),
Personal and Administration Committee, Zoom
10-7 Monterey County Water Resource Agency (MCWRA),
Finance Committee, Zoom
10-7 House America/HUD, Zoom
10-7 Monterey County Mayors Association (MCMA), Zoom
10-7 CA Mayors Association, Zoom
10-11 King City Council, Council Chambers
10-13 Special Leadership Council/Continuum of Care, Zoom 10-17 Monterey-Salinas Transit BOPC Committee (MST), Zoom 10-17 Monterey-Salinas Transit (MST) Board of Directors, Zoom 10-17 Monterey County Water Resource Agency (MCWRA),
Board of Directors, Zoom
10-19 Monterey Bay Air Resource District (MBARD) Board of Directors, Zoom
10-21 House America/HUD, Zoom
10-25 King City Council, Council Chambers
10-26 Transportation Agency of Monterey County (TAMC),
Board of Directors, 1st Vice Chair, Zoom
10-26 Leadership Council/Continuum of Care, Zoom
10-27 Monterey County Convention & Visitors Bureau (MCCVB), Advisor, Zoom
LOCAL-STATE-FEDERAL BRIEFINGS:
10-5 District 3 Supervisor Lopez/Mayors Briefing, Zoom
10-6 Whitehouse Briefing, Zoom
10-13 Whitehouse Briefing, Zoom
10-20 Whitehouse Briefing, Zoom
10-27 Whitehouse Briefing, Zoom

ADDITIONAL MEETINGS/EVENTS
10-3 Supervisor Lopez District 3 Listening Session, City Hall 10-5 South County ITN Steering Committee, Zoom
10-7 Welcome CalPOLY Planning Laboratory Students, City Hall 10-10 Speak at Assemblymember Riva’s Leadership Class, Zoom 10-12 104.3 SMG Radio Interview w/John Michael, Phone
10-12 Speak at Rotary Lunch/Sales Tax Measure, King City 10-18 Governor’s Office Regional Infrastructure Investments Roundtable Listening Session w/ Former LA Mayor Villaraigosa, CSUMB Seaside
10-19 Park and Recreation Commissioner Interview, City Hall 10-19 Monterey Military Base Compatible Use Study Working Group Meeting #4, Zoom
10-21 Coast Rail Coordinating Council (CRCC)/TAMC PreSacramento Rail Legislative Day Briefing, Zoom 10-24 Coast Rail Coordinating Council (CRCC)/TAMC
Sacramento Rail Legislative Day Briefing, Zoom
10-26 Supervisor Lopez San Lucas New Sidewalks Ribbon
Cutting, San Lucas School
10-27 Meeting with Resident, City Hall
10-28 Senator Caballero Fire Engine and Phase 3 Cameras Grant Check Presentation Press Conference, King City Fire Department 10-31 Reading to San Lucas Students, San Lucas School

Page 1 of 3 ends

City Council Meeting
October 25, 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, Carlos DeLeon, Mayor Pro Tem Carlos Victoria.

Council member Darlene Acosta, Rob Cullen were absent.

City Staff: City Manager Steve Adams; City Attorney Roy Santos; City Clerk, Erica Sonne.

3.__FLAG SALUTE:

The flag salute was led by Mayor LeBarre.

4. CLOSED SESSION ANNOUNCEMENTS:

None

5.__PRESENTATIONS:

Mayor LeBarre presented a commendation to Peter Anderson’s son and daughter for all of Mr.

Anderson’s work and service to the community over the years

6. PUBLIC COMMUNICATIONS:

Karen Jernigan, N. Mildred, brought in a book hot off the presses about the California Mission Walk. On page 267 it mentions King City. The walk is from San Diego to Sonoma. Ms. Jernigan wanted to know that the publication is out. Also the front cover of the book is Mission San Antonio.

7. COUNCIL COMMUNICATIONS:

Mayor Pro Tem Victoria stated he had nothing to report tonight however his happy to see high school students here tonight for the council meeting.

Council Member DeLeon had nothing to report out tonight.

Mayor LeBarre stated that he would be attending the ribbon cutting for the San Lucas sidewalks that Supervisor Chris Lopez worked hard on. Mayor LeBarre purchased a bicycle to donate from the City of King City residents for the raffle. 5th annual Trunk or treat is October 31st at the fairgrounds. He had Rail meetings in Sacramento which was positive as everyone wants to see that happen. He will get Public Works Director Octavio Hurtado the information on funding.

8. CITY STAFF REPORTS AND COMMENTS:

City Manager Steven Adamsstated one new maintenance worker start this week and the new HR Manager will start next week. We just need to fill the Code Enforcement officer and we will be fully staffed. CTC approved 1 million to the Bike Path and Mr. Adams recognized our Public Works Director for doing so much work on this. We also received $500,000 for the planning stage of the Broadband. 10a.m. on Friday Senator Caballero will be here at the Fire Station to present the 1 million dollar grant check to the City for the Fire Department for Fire Engine and $250,000 for additional security cameras. 9(A)

Page 2 of 3 ends

City Attorney Roy Santos had nothing to report.

9. CONSENT AGENDA
A. Consideration: Meeting Minutes of October 11, 2022, Council Meeting B. Consideration: City of King Check Register October 1, through October 15, 2022 C. Consideration: City of King Check KCCP Payments for the Month of September 2022 D. Consideration: An Ordinance Establishing Duties and Responsibilities of the City Clerk E. Consideration: Appointment to the Parks and Recreation Commission F. Consideration: Agreement with Hanna-Brunetti for Engineering Services.

G. Consideration: A Resolution Approving the Purchase of the Tyler Technologies Financial System Upgrade
H. Consideration: Successor Agency Check Register October 1, through October 15, 2022 Action: Motion to approve consent agenda items A—H by and Victoria seconded by DeLeon.

AYES: Council Members: LeBarre, DeLeon, Victoria
NOES: Council Members:

ABSENT: Council Members: Acosta, Cullen
ABSTAIN: Council Members:

10. PUBLIC HEARINGS:

A. Consideration: An Ordinance of the City Council of the City of King Amending Title 12, Chapters

12.04 and 12.08 of the King City Municipal Code Adopting the 2022 California Building and Fire Codes City Manager Adams introduced this item.

Chief Building Official Mark McClain further introduced this item.

Mayor LeBarre read the ordinance title into the record “An Ordinance of the City Council of the City of King Amending Title 12, Chapters 12.04 and 12.08 of the King City Municipal Code Adopting the 2022 California Building and Fire Codes.”
Mayor LeBarre opened the public hearing, hearing and seeing no one come forward, Mayor LeBarre closed the public hearing.

Action: introduce an ordinance adopting the 2022 California Title 24 building and fire codes 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 DeLeon and seconded by Victoria.

AYES: Council Members: LeBarre, DeLeon, Victoria
NOES: Council Members:

ABSENT: Council Members: Acosta, Cullen,
ABSTAIN: Council Members:

11. REGULAR BUSINESS:

A. Consideration: Clean California King City Highway Beautification Project Recommendation: approve the Clean California King City Highway Beautification Project as designed by Caltrans.

Page 3 of 3 ends

City Manager Adams introduced this item.

Action: Motion to City Council approve the Clean California King City Highway Beautification Project as designed by Caltrans by Victoria and seconded by DeLeon.

AYES: Council Members: LeBarre, DeLeon, Victoria
NOES: Council Members:

ABSENT: Council Members: Acosta, Cullen
ABSTAIN: Council Members:

12. CITY COUNCIL CLOSED SESSION
A. Conference with Legal Counsel – Liability Claims (Pursuant to Government Code Section 54956.95) Consideration of claim no. 2022-08 by Claimant Maribel Patino regarding a motor vehicle incident allegedly involving a city vehicle occurring in King City, CA on 4/18/22.

ADJOURNMENT:

Mayor LeBarre adjourned the meeting at 6:58p.m. to closed session. On a motion by DeLeon and a second by Victoria Mayor LeBarre adjourned the meeting at 7:12p.m. Motion carried 3-0.

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: NOVEMBER 8, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER
OCTOBER 16 THROUGH OCTOBER 31, 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: NOVEMBER 8, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF AMENDED 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 approve and authorize the City Manager to execute an amended Contract Services Agreement with First Tee Monterey County for operation and management of the King City Golf Course.

BACKGROUND:

At the October 11th meeting, the City Council approved an agreement with First Tee Monterey County to operate the King City Golf Course beginning November 1 st
. The City and First Tee have been working on a number of efforts to prepare for the transition and address repair needs identified in the agreement.

First Tee has experienced some challenges with their landscape maintenance contractor with regard to complying with the prevailing wage requirements for irrigation repairs in the Agreement. As a result, staff is recommending an amendment to the Agreement to address this issue.

DISCUSSION:

In the approved Agreement, the City committed to provide funding for initial irrigation repairs. Any City funded maintenance work triggers State prevailing wage requirements, so the Agreement set forth these requirements for that work.

Staff is recommending the Agreement be amended to instead provide funding for up front capital costs (i.e. golf carts, etc.) but at a slightly lower amount. First Tee can substitute other funding for the irrigation work. This will be mutually

01222.0001/830296.1 1

CITY OF KING

CONTRACT SERVICES AGREEMENT

FOR GOLF COURSE OPERATOR SERVICES
________________
THIS PROFESSIONAL SERVICES AGREEMENT (herein “Agreement”) is made and entered into this ______ day of _______, 2022, by and between the CITY OF KING, a California municipal corporation (“City”) and Future Citizens Foundation DBA First Tee - Monterey County (herein “Operator”).

NOW, THEREFORE, the parties hereto agree as follows:

Termination of Prior Agreement. The previous agreement entered into between the City and Operator executed on October 11, 2022, is hereby terminated and this Agreement shall supercede said agreement.

1. SERVICES OF OPERATOR

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Operator shall perform the work or services in operating the King City Golf Course (“Golf Course”), as set forth in the “Scope of Services” attached hereto as Exhibit “A”, and in conformance with the “Special Requirements, King City Golf Course Maintenance Specifications attached hereto as Exhibit “B”, both of which are incorporated herein by reference.

Operator warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 Licenses, Permits, Fees and Assessments. Operator shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement, including a City business license.

1.4 Operator will determine all rates charged at the Golf Course (including but not limited to golf green fees, cart fees, driving range), but rates shall not exceed the mean of those charged by other public golf courses within a 65 mile driving distance from the King City Golf Course without City approval.

2. REMUNERATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Operator or City shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of One Hundred and Eighty Thousand Dollars ($180,000) (“Contract Sum”) paid by City to Operator.

Exhibit 1
2 01222.0001/830296.1

2.2 Capital Expenses. Operator hereby relinquishes any claim to reimbursement for capital expenses. City is not liable or obligated to contribute any sum as and for capital expenses during the term of this agreement nor is Operator obligated except insofar as it is required to use its best efforts to repair the Golf Course and restore some level of operation and play to the Golf Course. Operator and City shall consult and agree on how to fund all projects beyond the normal maintenance of the Golf Course (e.g. irrigation repairs, building repairs, carpentry, roofing, etc.). Operator shall not make, or suffer to be made, any material alterations of the Golf Course or any part thereof without the prior written consent of City. Operator shall keep the Golf Course premises and City's property in and on which such premises are situated free from any liens arising out of any work performed, material furnished, or obligations incurred by Operator. Notwithstanding the above, the City has identified the following needed improvements (“Needed Improvements”), which are programmed to be addressed by the City as follows:
(a) City shall make repairs to the irrigation well to maintain it in an operational condition by November 1, 2022 and shall continue to make periodic repairs to the well as needed. City shall replace the well or provide for an alternative water source by October 31, 2027 contingent upon adoption of the local sales tax measure on the ballot in November 2022. (b) City shall reimburse Operator for start-up capital equipment in an amount not to exceed $40,000.
(c) City shall complete 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) remove and replace sheets of exterior grade plywood under the garage structure; 4) repair or replace the water heater; 5) repair or replace the roof as determined necessary by a roofing contractor; and 6) construct replacement of the men’s and women’s restroom with one gender neutral ADA compliant restroom, or provide temporary portable ADA-compliant men’s and women’s restroom(s).
(d) City shall 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.
(e) City shall patch all holes in the Golf Course pedestrian/golf cart bridge by November 1, 2022. City shall renovate the bridge with a new wood base and paved surface by October 31, 2027 contingent upon adoption of the Local Sales Tax Measure on the ballot in November 2022, or other similar ballot measure passed by the voters for such local sales tax thereafter.

2.3 Annual Memberships. If the Agreement is terminated under the terms set forth in Section 8 of the Agreement prior to the end of the Agreement term, Operator shall pay City a prorated amount of any revenue received from annual golf course memberships during that calendar year for the portion of the calendar year remaining after the date of termination. 3 01222.0001/830296.1

3. PERFORMANCE SCHEDULE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance. Operatorshall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Operator, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Operator, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Operator shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Operator be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Operator’s sole remedy being extension of the Agreement pursuant to this Section.

4. TERM

4.1 This Agreement shall commence on November 1, 2022 and shall continue until December 31, 2027 unless otherwise terminated in accordance with Article 8 of this Agreement or extended upon the mutual consent of the parties.

4.2 There shall be a mutual option to renegotiate this Agreement for one (1) additional five (5) year period, which must be exercised in the sixty (60) day period prior to the end of the first term. Additional terms may be included in the renegotiation including, but not limited to, compensation to the City.

5. COORDINATION OF WORK

5.1 Representative of Operator. The C.E.O. of First Tee - Monterey County is hereby designated as being the representative of Operator authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith.

All personnel of Operator and any authorized agents shall be under the exclusive direction of the representative of Operator. Operator shall utilize only competent personnel to perform services pursuant to this Agreement. Operator shall make every reasonable effort to maintain the stability and continuity of Operator’s staff and subcontractors, and shall keep City informed of any changes. 4 01222.0001/830296.1

5.2 Contract Officer. City Manager [or such person as may be designated by the City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).

5.3 Prohibition Against Subcontracting or Assignment. Except for the maintenance of the Golf Course, Operator shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City, which approval shall not be unreasonably withheld. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. Operator may establish ancillary, wholly-owned subsidiaries and/or related entities for purposes of isolating operations, such as a learning center, golf course operator and/or restaurant/bar owner with prior express approval of City, which shall not be unreasonably withheld.

5.4 Independent Operator. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Operator, its agents or employees, perform the services required herein, except as otherwise set forth. Operator shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Operator shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.

6. INSURANCE AND INDEMNIFICATION

6.1 Insurance Coverages. The Operator shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $2,000,000.00 per occurrence or if a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Operator against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Operator in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001) including “any auto”. A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $250,000.00 per person and $500,000.00 per occurrence and property damage liability limits of 5 01222.0001/830296.1
$500,000.00 per occurrence or (ii) combined single limit liability of $1,000,000.00. Said policy shall include coverage for owned, non-owned, leased, hired cars, and any other automobile. (d) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

Subcontractors. Operator shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

6.2 General Insurance Requirements.

All of the above policies of insurance except Worker’s Compensation and Professional Liability shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Operator’s insurance.

The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by First Class US mail return to the City.

In the event any of said policies of insurance are cancelled, the Operator shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Operator has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City’s Risk Manager or other designee of the City due to unique circumstances.

4.3 Indemnification. To the full extent permitted by law, Operator agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Operator, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Operator is legally liable (“indemnitors”), or arising from Operator’s or indemnitors’ reckless or willful misconduct, or arising from Operator’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this 6 01222.0001/830296.1
Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions.

Further, Operator agrees to indemnify, defend and hold harmless the Indemnified Parties from any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with any tree, bush, shrub or any other landscaping upon the golf course property.

The indemnity obligation shall be binding on successors and assigns of Operator and shall survive termination of this Agreement. The Operator’s obligation to defend as stated herein is an obligation to reimburse the Client for reasonable defense costs and is limited solely to third-party allegations that the Operator was negligent, and Operator shall only be responsible for defense reimbursement costs proportionate to the finally determined percentage of liability based upon the comparative fault of the Operator, as determined by a court of competent jurisdiction.

7. RECORDS, REPORTS, AND RELEASE OF INFORMATION

7.1 Records. Operator shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating profits and loses, any money received by the Operator arising from or as a result of this Agreement, to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have the right to inspect, audit and/or review the books and records at any time during normal business hours of the City, including the right to copy and make records and transcripts from such records, for the duration of this Agreement and for one (1) year after the termination or expiration of the Agreement.

7.2 Books, accounts and records shall be kept in accordance with generally accepted accounting principles and practices consistently applied.

7.3 Reports. Operator shall submit to City a monthly and year-end financial report detailing all revenues and expenses related to operation of the Golf Course in a form determined by the Contract Officer, including a balance sheet, statement of operations and other financial data reasonably requested by City. Operator shall also periodically prepare and submit to the Contract Officer such other reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.

7.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Operator in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Operator. Operator shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
7 01222.0001/830296.1
(b) Operator shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Operator gives the City notice of such court order or subpoena.
(c) If Operator provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Operator for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Operator’s conduct.
(d) Operator shall promptly notify the City should Operator be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Operator or be present at any deposition, hearing or similar proceeding. Operator agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Operator.

7.5 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Operator in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Operator shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder.

Moreover, Operator with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

8. ENFORCEMENT OF AGREEMENT AND TERMINATION

8.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Monterey, State of California.

8.2 Disputes; Default. In the event that Operator is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Operator for any work performed after the date of default. Instead, the City may give notice to Operator of the default and the reasons for the default. The notice shall include the timeframe in which Operator may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Operator is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Operator does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.
8 01222.0001/830296.1

8.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

Notwithstanding any contrary provision herein, Operator shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

8.4 Termination for Default of Operator. If termination is due to the failure of the Operator to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Operator shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Operator for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

9. MISCELLANEOUS

9.1 Covenant Against Discrimination. Operator covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Operator shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class

9.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Operator, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Operator or to its successor, or for breach of any obligation of the terms of this Agreement.

9.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of King 212 S. Vanderhurst Avenue, King City, CA 93930 and in the case of the Operator, to the person(s) at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the change of address in writing.

Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9 01222.0001/830296.1

9.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

9.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

9.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.

9.8 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.9 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Operator warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or 10 01222.0001/830296.1
consequence of obtaining or being awarded any agreement. Operator further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Operator is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Operator’s Authorized Initials _______

9.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

9.12 Operator is aware of the fact that this is a management contract and not a lease. Operator understands that City retains all rights to access its own property to inspect the Golf Course and facilities for compliance with all environmental laws and other requirements of this Agreement.

9.13 Uponexpiration ofthetermofthisAgreement, orupon thepriortermination of this Agreement, Operator agrees and covenants to cooperate fully with City or City's designated successor operator in the smooth and businesslike transfer ofthe operations of Golf Course including but not limited to assignment of accounts, contracts, policies, licenses, permits and improvements in connection with the Golf Course to City's designee, and Operator agrees and covenants to execute all documentsrequired or convenient to accomplish any such transfer in a timely, effective and efficient manner. On the expiration or on the termination of this Agreement for any reason, all Golf Course property and interests therein will be promptly turned over to City. Operator shall execute and deliver to City all documents necessary to legally effectuate each of the transactions.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF KING, a municipal corporation
Steven Adams, City Manager
ATTEST:
11 01222.0001/830296.1
Erica Sonne, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Roy C. Santos, City Attorney
OPERATOR:

By:

Name:

Title:

By:

Name:

Title:

Address:

Two corporate officer signatures required when Operator is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. OPERATOR’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO OPERATOR’S BUSINESS ENTITY.
01222.0001/830296.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF MONTEREY
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 01222.0001/830296.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

A-1
EXHIBIT “A”

SCOPE OF SERVICES
Operator shall provide the following services:

1. Manage all golf course operations, including course rounds and clubhouse.

2. Operate the Golf Course open for year-round play seven days a week, including holidays, except for Christmas Day, during the following hours unless alternate operating schedule hours are proposed and approved by the City:
(a) Spring March 1 – May 31 6:30 a.m. – 7:00 p.m.
(b) Summer July 1 – August 15 6:00 a.m. – 8:00 p.m.
(c) Fall August 16 – October 31 6:00 a.m. – 7:00 p.m.
(d) Winter November 1 – February 28 7:00 a.m. – 5:00 p.m.

3. Pay all Golf Course operational expenses.

4. Collect all fees and revenues. Maintain rates as followed unless an alternate rate schedule is proposed and approved by the City:
(a) Regular: 9 Holes - $17 18 Holes - $32
(b) Weekend 9 Holes - $20 18 Holes - $38
(c) Early Bird, First Hour: 9 Holes - $14 18 Holes - $26 (d) Twilight, 3:30 p.m.: Various - $12
(e) Senior: 9 Holes - $14 18 Holes - $26
(f) Junior (Under 17): 9 Holes - $14 18 Holes - $26
(g) Active Military: 9 Holes - $14 18 Holes - $26
(h) Holiday: 9 Holes - $20 18 Holes - $38
(i) Cart Fee: 9 Holes - $17 18 Holes - $22
(j) Monthly TBD
(k) Annual TBD
(l) Corporate TBD
*Rates subject to change upon notice by Operator to City, and shall not be applicable to the Public without prior express approval of City, which shall not be unreasonably withheld.

5. Employ, train and supervise all Golf Course personnel.

6. Maintain records and finances in a manner that allows the City to audit accounting procedures, internal controls, records, supporting documents and any additional documents/practices throughout the duration of this agreement.

7. Carry outitsduties andresponsibilitiesincompliance with all applicable local, state and federal laws, regulations and ordinances.

8. Keep and maintain the premises and all buildings, structures, improvements, fixtures, trade fixtures, equipment and utility systems in good, safe, operable, useable and sanitary condition.

9. Maintain all grounds and landscaping consistent with industry best practices and standards, including but not limited to, the obligation to mow, edge, trim, reseed, fertilize, aerate, irrigate and renovate turf areas, as well as provide weed, disease and pest control, turf maintenance, maintenance of irrigation systems, and provide the necessary maintenance of any structures and equipment associated with the premises in accordance with the Maintenance Standards provided in Exhibit B.

10. Employ a golf instructor on the premises.

11. With the City’s approval, implement any proposed capital improvement projects requiring investments that exceed the City’s budgeted projects.

12. Provide snack/food and beverage concessionaire services to players, which shall include obtaining and maintaining a liquor license.

13. Purchase and sell pro shop merchandise.

14. Purchase and maintain an operational fleet of a minimum of 10 golf carts, as well as pull carts, for public rent.

15. Develop and maintain golf instruction programs.

16. Provide comprehensive golf instructional programming and life skill straining for youth ages 7 to 17, including daytime programming and transportation, school site programming, after school programming, and day camps.

17. Establish, maintain and promote leagues and tournaments, with a particular emphasis on working with local service clubs and community organizations.

18. Develop, implement and maintain a comprehensive marketing program, including a major rebranding initiative.

19. Establish and meet on a monthly basis with a Community Advisory Committee to assist in establishing, prioritizing and implementing program, operation and marketing goals.

A-2
EXHIBIT “B”

SPECIAL REQUIREMENTS

KING CITY GOLF COURSE

MAINTENANCE SPECIFICATIONS

ALL MATERIALS ARE SUBJECT TO SUBSTITUTION BY MATERIALS AND PRODUCTS

OF REASONABLY EQUIVALENT QUALITY
Operator shall perform the following maintenance services as indicated in these specifications except where artificial turf, if any, is used. Any such turf shall be replaced and or repaired to maintain the consistent use and appearance thereof. Standards and frequency may be modified from time to time for the proper maintenance of golf course facilities.

1. Greens Maintenance
Maintain all greens according to accepted playability as determined by the CITY and industry-wide standards at all times observing the following minimum requirements:
(a) Change location of cups and repair balls marks as needed, not allowing noticeable turf wear.
(b) Mow greens on a schedule that will produce a consistent and high-quality putting surface comparable to other local courses and facilities. The frequency, schedule, and height of cut will be appropriate for the type of grass grown, season of the year, and current weather conditions.

Mower will be of accepted industry standards designed specifically for mowing golf greens. (c) Verticutting, topdressing, overseeding, and aerification will be done on a schedule that will produce a consistent and quality putting surface. The frequency and schedule of these maintenance practices will vary from season to season and from year to year. (d) Operator shall have the soil analyzed within thirty (30) days after the start of the term of the Agreement and once every year thereafter. Apply fertilizer in the quantity, type and frequency recommended by soil analysis in a manner to provide uniform growth of turf. (e) Operator agrees to use chemicals approved by the industry as well as the State of California and the CITY and will follow the proper procedures in their application. Greens will be treated on an as needed basis for insect, disease, weeds, and other pests. A complete list and records of all chemicals used will be maintained by Operator and open for inspection by the CITY with proper notice.

B-1

2. Tee Maintenance
Maintain all tees according to accepted playability as determined by the CITY and industry-wide standards at all times observing the following minimum requirements:
(a) Service tees daily by moving tee markers. benches. emptying trash receptacles and servicing ball washers as needed, but not allow undue turf wear and damage. (b) Mow tees on a schedule that will produce a quality tee surface comparable to other local courses and facilities. The frequency, schedule, and height of cut will be appropriate for the type of grass grown, season of the year, and current weather conditions. Mower will be of accepted industry standards designed specifically for mowing golf greens. (c) Verticut tees as needed for thatch removal.
(d) Aerify tees and top dress as needed.
(e) Repair worn and damaged turf areas as they occur to ensure playable tees at all times.
(f) Treat tees for control of insects, disease. weeds and other pests as necessary) to maintain healthy turf.

3. Fairway Maintenance
(a) Maintain all fairways according to accepted playability as reasonably determined by the CITY and industry-wide standards at all times observing the following minimum requirements:
(b) Mow fairways with a reel-type mower at a height acceptable to industry standards with consideration of the time of year and type of grass. (c) Verticut and aerify fairways as necessary for turf health and acceptable playing conditions.
(d) Top-dress or re-sod worn or bare areas of fairways as necessary. (e) Treatturftocontrol weeds, diseases.Insects, and other pests asnecessary to maintain weed free and healthy turf.

B-3

4. Aprons Fringes
Maintain aprons and fringes at an acceptable level as determined by the CITY at all times observing the following minimum requirements.
(a) Mow aprons with a reel-type mower depending on the type of grass and time of year.
(b) Verticut and aerify aprons (fringes) as necessary for turf health and acceptable playing conditions.
(c) Top-dress or re-sod worn or bare areas of the aprons as necessary. (d) Treat turf to control weeds, disease, insects and other pests.

5. Maintenance of Other Turf Areas
Maintain turf and landscaped lawn areas at an acceptable level as determined by the CITY at all times observing the following minimum requirement. (a) Mow at least once per week May through October and as growth requires November through April.
(b) Verticut and aerify as necessary to promote health growth. (c) Resod, re-seed, or top-dress worn or bare areas as necessary. (d) Treat turf to control weeds. disease, insects and other pests as necessary to maintain a healthy turf.

7. Maintenance of Accessory Equipment
Maintain all golf course accessory equipment in clean, safe, and functioning condition at all times including but not limited to the following:
(a) All signs.
(b) Outdoor benches.
(c) Tee markers and mats
B-3
(d) Ball washers and including tee towels and soap.
(e) Out-of-Bounds markers
(f) Directional flags and poles
(g) Greens flags, poles, and cups
(h) Practice greens markers and cups
(i) Trash receptacles
(j) Cup-cutting equipment

8. Irrigation
Maintain entire irrigation system in good repair, functioning properly and conforming to all related codes and regulations at all times, reasonable wear and tear excepted. Irrigate as required to maintain adequate moisture for growth rate and appearance. Operator shall have the authority to change the irrigation schedule as the need develops. Adequate soil moisture shall be determined by visual observation, plant resiliency, turgidity, examining cores removed by soil prove, moisture sensor devices and programming irrigation controllers accordingly.
(a) Consideration must be given to soil texture. structure. porosity water retention, capacity, drainage, compaction, precipitation rate, run on infiltration rate, percolation rate, evaporation rate, transpiration, seasonal temperature, prevailing wind conditions. time of day or night. type of grass plant and root structure. This may include syringing during the day and watering during periods of windy weather.
(b) In areas where wind creates problems of spraying onto private or other properly or road rights-of-way, the controllers shall be set to operate during the period of lowest wind velocity that would normally occur at night.
(c) Operator shall be responsible for monitoring all irrigation systems within the premises and correct for coverage, adjustments, clogging of lines and removal of obstacles, including plant materials that obstruct the spray.

B-4
- -
(d) Check system frequently and adjust and or repair any sprinkler heads causing excessive run-off, including slope areas, or which throw directly onto roadway paving or walks within rights-of-way.
(e) All controllers shall be inspected frequently and adjusted as needed or when circumstances warrant.
(f) Operator shall observe and notice deficiencies occurring from the original design and review these findings with the CITY so necessary improvements can be considered. shall repair all leaking or defective valves with in forty-eight (48) hours following written notification from the CITY of such a deficiency.
(g) Operator shall certify that all irrigation systems are fully operational. Such certification shall be acceptable in form and content to the CITY and shall be submitted on a quarterly basis.
(h) In the event of a reduction of the volume of water supplied to a golf course during peak demand periods the priority of water distribution by Operator shall be:
(1) Greens
(2) Tees
(3) Other turf and landscaped areas

9. Tree Maintenance
Maintain all trees on the premises in a safe, healthy, structurally sound and aesthetically pleasing condition at all times. Implement an on-going maintenance program to trim, shape, prune, thin out and treat. Operator's program shall include, but not be limited to the following:
(a) Prune trees to maintain and stimulate proper health and growth by cutting out dead, diseased, weak, insect-infested and damage limbs. (b) Regularly prune trees to maintain clearance of all areas of pedestrian and vehicular traffic and tree extensions over and through fence-lines and into roadways and adjacent streets.

Such pruning shall provide safe vehicular and pedestrian visibility and clearance in order to prevent or eliminate hazardoussituations.
(c) Trim and shape trees to provide a symmetrical appearance typical of the species.

B-5
(d) Remove downed trees caused by weather, natural causes or otherwise. Stumps shall he removed below grade and wood chips removed and the resultant hole backfilled to grade. Removed trees shall be replaced with similar species or other species approved by City within 6 months.
(e) Keep surrounding turf mowed and trimmed to the trunks of trees on the premises. (f) Operator shall, within one year from the commencement of the term of this agreement, prepare and submit for CITY's approval, a comprehensive tree maintenance program.

10. Other Required Duties
(a) Remove all litter daily from golf course grounds. Remove all trash and debris resulting from golf course maintenance as it occurs. Clean, repair and replace trash receptacles as necessary to maintain clean, safe and sanitary conditions at all times. (b) Maintain shrub and groundcover plantings and lawn areas in a manner to promote healthy growth and an aesthetically pleasing appearance at all times. (c) Maintain all sand traps in raked, edged, and weed free condition at all times, replacing sand as necessary to maintain a consistent depth. Replace rakes as necessary. (d) Take whatever preventative steps are necessary to protect all slope areas from erosion, fire and rodent damage at all times.
(e) Control rodent and other animal pests as necessary to prevent erosion and destruction of planting on golf course property and migration to surrounding neighborhoods. (f) Maintain and repair as necessary surface flow lines, swells, catch basins, grates, sub-surface drainage system and other drainage structures in clear weed-free and properly functioning condition at all times.
(g) Observe all legal requirements and safety regulations in the use and storage of chemicals, hazardous materials. supplies, and equipment at all times according to National/State OSHA standards and local policies.
(h) Protect the Golf Course from damage during periods of frost, rainy weather and other unusual conditions.

B-6
(i) Maintain walkways, steps, handrails on walkways and cart paths in a safe, clean, edged, weed-free condition at all times
(j) Maintain and repair all fencing and fence lines in pleasing conditions at all times. (k) Maintain parking lots, fencing, service road areas and driveways in a safe, clean and weed-free condition at all times
(l) Inspect the following frequently and repair as needed:
(1) All area lighting systems for safe and functioning conditions. (2) All golf course buildings and accessory structures for clean, safe and secure conditions.
(3) All golf course parking lots and walkways.
(m) Operator shall maintain all approaches and accessory structures within the golf course in a safe and stable condition at all times. (n) Operator shall maintain and keep in good repair all drainage swells and structures that traverse the golf course. All surface drains and swales shall be kept clear of debris so that water will have unimpeded passage to their outlets. All inlets to sub-drains shall be kept clear of leaves, paper and other debris to insure unimpeded passage of water.

B-7
C-1
01222.0001/830296.1
EXHIBIT “C”

SCHEDULE OF COMPENSATION

1. For the period of November 1, 2022 through December 31, 2022, City shall pay Operator ten thousand dollars ($10,000) per month on the first day of each calendar month. The City’s monthly payment to Operator shall be subject to reimbursement at the end of the calendar year if Operator’s Net Operating Loss (as defined below) is less than tweny thousand dollars ($20,000). In addition, if Operator has Net Operating Profit (as defined below), Operator shall pay the City one-half of the Net Operating Profit. Net Operating Loss shall mean the amount that Operating Expenses exceed Revenues (as defined below) for the calendar year after the cost for Golf Course maintenance services, including but not limited to irrigation system repairs, expenses pursuant to the terms of Exhibit B and the total revenue amount necessary to pay for said costs are deducted. Therefore, Golf Course maintenance services expenses shall be paid directly with Golf Course revenues, and no portion of the City’s subsidy amount shall be used to pay for costs associated with Golf Course maintenance services for the term of this agreement. Net Operating Profit shall mean the amount Revenues exceed Operating Expenses for the calendar year. Within 45 days after the end of the calendar year, Operator shall provide City with a detailed operating statement showing all Revenues and Operating Expenses. If the Net Operating Loss is less than $20,000, Operator shall reimburse the City the difference between $20,000 and the Net Operating Loss within 45 days after the end of the calendar year. If Operator has a Net Operating Profit for the calendar year, Operator shall reimburse the City $20,000 plus one-half of the Net Operating Profit. All such payments to the City shall be made within 45 days after the end of the calendar year.

2. For the period of January 1, 2023 through December 31, 2023, City shall pay Operator nine thousand, one hundred and sixty-six dollars and sixty-seven cents ($9,166.67) per month on the first day of each calendar month. The City’s monthly payment to Operator shall be subject to reimbursement at the end of the calendar year if Operator’s Net Operating Loss is less than one hundred ten thousand dollars ($110,000). In addition, if Operator has Net Operating Profit (as defined below), Operator shall pay the City one-half of the Net Operating Profit . Within 45 days after the end of the calendar year, Operator shall provide City with a detailed operating statement showing all Revenues and Operating Expenses. If the Net Operating Loss is less than $110,000, Operator shall reimburse the City the difference between $110,000 and the Net Operating Loss within 45 days after the end of the calendar year. If Operator has a Net Operating Profit for the calendar year, Operator shall reimburse the City $110,000 plus one-half of the Net Operating Profit. All such payments to the City shall be made within 45 days after the end of the calendar year.

3. For the period of January 1, 2024 through December 31, 2024, City shall pay Operator four thousand one hundred and sixty-six dollars and sixty-seven cents ($4,166.67) per month on the first day of each calendar month. The City’s monthly payment to Operator shall be subject to reimbursement at the end of the calendar year if Operator’s Net Operating Loss is less than fifty thousand dollars ($50,000). In addition, if Operator has Net Operating Profit, Operator shall pay the City one-half of the Net Operating Profit. Within 45 days after the end of the calendar year, Operator shall provide City with a detailed operating statement showing all Revenues and Operating Expenses. If the Net Operating Loss is less than $50,000, Operator shall reimburse the 01222.0001/830296.1
City the difference between $50,000 and the Net Operating Loss within 45 days after the end of the calendar year. If Operator has a Net Operating Profit for the calendar year, Operator shall reimburse the City $50,000 plus one-half of the Net Operating Profit. All such payments to the City shall be made within 45 days after the end of the calendar year.

4. For the period of January 1, 2025 through December 31, 2027, City shall pay no subsidy to Operator. Within 45 days after the end of each calendar year, Operator shall provide City with a detailed operating statement showing all Revenues and Operating Expenses. If Operator has a Net Operating Profit for each calendar year, Operator shall pay the City one-half of the Operating Profit within 45 days after the end of each calendar year.

5. Revenues derived from operation of the Golf Course shall include all revenue for goods and services sold at the Golf Course, including but not limited to greens fees, cart fees, driving range, pro shop, fees charged for golf lessons and instruction, club member fees, sales of food, beverage, merchandise or services, events and any other course related concession (“Revenues”). Revenues shall exclude any payments from the City to Operator pursuant to this Exhibit “C” – Schedule of Compensation. Revenues shall not include program fees for First Tee Youth Programs that are charged for programming not included in the calculation of Golf Course operation expenditures.

6. Operating Expenses for the operation and maintenance of the Golf Course (“Operating Expenses”) shall include, but not be limited to, the direct expenditures for (a) payroll, payroll taxes and benefits for onsite full-time and part-time Golf Course staff; (b) Golf Course maintenance expenses pursuant to Exhibit B (Maintenance Specifications); (c) insurance (liability, property and workers’ compensation); (d) licenses, permits and fees; (e) marketing, advertising and promotion; (f) computer services, information technology, telephone, internet, bank service charges, credit card fees, POS systems and security/alarm services; (g) golf cart rental/lease payments and golf cart repairs/maintenance; (h) utilities (gas and electric); (i) office supplies and office equipment rental; (j) depreciation on capital equipment (e.g. Golf Course maintenance equipment, golf carts, office furniture and equipment; (k) professional fees (e.g. legal, accounting, consulting, etc.); and (l) cost of goods sold for food, beverage, merchandise, etc. In addition to the direct expenditures above, the Operator shall charge expenditures for overhead costs for staff, equipment and supplies also utilized by Operator for other operations. Such expenditures shall be determined based upon the actual time and cost of said items utilized for the King City Golf Course or charged based upon an allocation plan agreed upon by City that sets forth the percentage of costs dedicated for the King City Golf Course in proportion to other operations (“Indirect Expenditures”). For the calendar year 2022 and 2023, the maximum amount for Indirect Expenditures shall not exceed $3,000 per month. Operator and the City shall review the Indirect Expenditures allocation each year and negotiate in good-faith the amount to be charged by Operator. Operating Expenses shall exclude expenditures related to operating The First Tee Monterey County youth programs.
01222.0001/830296.1
C-3
D-1
01222.0001/830296.1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE

1. Operator shall assume responsibility and open the Golf Course for basic operations on November 1, 2022.

2. Operator shall provide full staffing, equipment and golf carts no later than June 1, 2023.

3. Operator shall provide youth summer day camp programs beginning June 2023.

4. Operator shall provide daytime onsite and school site programming no later than September 2023.

Item No. 9 (D)

REPORT TO THE CITY COUNCIL
DATE:

TO:

FROM:

RE:

NOVEMBER 8, 2022

HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
MARK McCLAIN, BUILDING OFFICIAL

CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF KING AMENDING TITLE 12, CHAPTERS 12.04
AND 12.08 OF THE KING CITY MUNICIPAL CODE ADOPTING
THE 2022 CALIFORNIA BUILDING AND FIRE CODES
________________________________________________________________ RECOMMENDATION:

It is recommended City Council conduct second reading of an ordinance adopting the 2022 California Title 24 building and fire codes to be read by title only, open the hearing, allow for public testimony, close the hearing, waive second reading of the Ordinance, and adopt the proposed Ordinance.

BACKGROUND:

The California Building Standards Commission (CBSC) has published the latest (2022) editions of the Building and Fire codes for the State of California. They will become effective for every state agency and local municipality as of January 1, 2023. Cities and counties are mandated to adopt the State’s new construction codes every three years with or without local amendments. Amendments are permitted provided that they are not less restrictive than the State code.

Amendments to these codes must be supported by findings demonstrating that they are reasonably necessary to protect the health, welfare, and safety of the citizens of King City due to local climatic, geological, and topographical conditions.

City Council conducted the first reading of the proposed ordinance and held a public hearing on October 25, 2022, in which no public comment was received.

The City Council voted unanimously to introduce the ordinance.

CITY COUNCIL

CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KING AMENDING TITLE 12, CHAPTERS 12.04 AND 12.08 OF THE KING CITY MUNICIPAL CODE ADOPTING THE 2019 CALIFORNIA BUILDING AND

FIRE CODES
NOVEMBER 8, 2022
PAGE 2 OF 4
DISCUSSION:

The new codes contain 12 parts that incorporate the latest national standards in the International Building, Residential, and Fire Codes, National Electrical Code, and the Uniform Mechanical and Plumbing Codes. The new CBSC gives high priority to maintaining elevated levels of fire and emergency safety standards throughout the state. Access to persons with disabilities remains a high priority in California, and the standards include federal Department of Justice certification requirements, which ensure compliance with federal regulations. Additionally, the standards incorporate the latest seismic safety standards ensuring that buildings will be designed and constructed utilizing the latest technology to reduce loss in the event of an earthquake.

Key elements of the new codes include California’s ongoing commitment to being a leader in energy efficiency. Among these changes include the ability to now construct homes and business that are solely electric if equipped with a solar photovoltaic system. Other changes include making HVAC systems more energy efficient, and new requirements for non-residential construction.

In accordance with state law, local jurisdictions, through amendments, incorporate additional regulations that address special circumstances in the community, based on geographical, topographical, or climatic conditions, provided said changes and modifications are not less restrictive than the State Codes. Amendments to the new CBSC must be adopted by the local jurisdiction and submitted to the State Building Standards Commission prior to enactment.

Accordingly, the city’s Building Official, upon evaluation of both the new CBSC and building code amendments currently in effect, is proposing a number of local amendments to the CBSC, most of which are the inclusion of the Appendix chapters of each model code. All of the amendments are supported by findings identified in the first part of the proposed ordinance.

The California Fire Code has been incorporated into the attached ordinance and is the source of the majority of proposed amendments. The City’s Fire Chief is recommending a number of local amendments to the model California Fire Code in order to maintain the high level of fire protection the City currently provides, including modified requirements for fire sprinklers in new commercial and residential occupancies, regulations for pallet storage and photovoltaic regulations to ensure fire fighter safety. Again, many of these amendments are being carried forward from the existing King City Fire Code or are being implemented to be consistent across jurisdictions in Monterey County. As a

CITY COUNCIL

CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KING AMENDING TITLE 12, CHAPTERS 12.04 AND 12.08 OF THE KING CITY MUNICIPAL CODE ADOPTING THE 2019 CALIFORNIA BUILDING AND

FIRE CODES
NOVEMBER 8, 2022
PAGE 3 OF 4
result, staff continues to believe it is important to maintain consistency in the area and recommends approval.

Supplemental appendix provisions recommended for adoption include the following:

1. California Building Code (CBC) Appendix Chapters H-Signs, I-Patio Covers & J-Grading.

2. California Residential Code (CRC) Appendix Chapters G-Swimming Pools and Hot Tubs & H-Patio Covers.

3. California Plumbing Code (CPC) Appendix Chapters G-Graywater Systems and I-Installation Standards.

4. California Green Building Standards Code (CalGreen) with amendments to reflect King City’s C & D recycling ordinance.

5. California Fire Code (CFC) with all Appendix Chapters except Appendix Chapter “A” and amendments to technical provisions in:
a. Chapter 3 (pallet storage added).
b. Chapter 12 (Energy Systems; signage requirements for photovoltaic systems).

Below is a table showing the proposed amendments to fire sprinkler thresholds in comparison to the 2022 CA Fire Code.

Fire Sprinkler Thresholds- CA Fire Code Section 903.2
Occupancy Classification 2022 CA Fire Code Threshold Proposed Amendment Threshold A-1 12,000 sq/ft 500 sq/ft
A-2 5,000 sq/ft 500 sq/ft
A-3 12,000 sq/ft 500 sq/ft
A-4 12,000 sq/ft 500 sq/ft
A-5 1,000 sq/ft 500 sq/ft
B Not Required 500 sq/ft
E 12,000 sq/ft 500 sq/ft
F-1 12,000 sq/ft 500 sq/ft
F-1 (wood working) 2,500 sq/ft 500 sq/ft
M, item 1 12,000 sq/ft 500 sq/ft
M, item 3 24,000 sq/ft 500 sq/ft
M, item 4 5,000 sq/ft 500 sq/ft
S-1 12,000 sq/ft 500 sq/ft
S-1 (repair garages) 12,000 sq/ft (single story) 500 sq/ft U (private garages) Not Required 500 sq/ft

1 ORDINANCE No. 2022-814

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KING
CALIFORNIA, AMENDING PORTIONS OF CHAPTER 12.04, CONSTRUCTION CODES ADOPTED IN TITLE 12 OF THE KING CITY MUNICIPAL CODE WHEREAS, the State of California every three years adopts certain model codes with State Amendments known as the California Code of Regulations, Title 24, Parts 1 through 12, also known as the California Building Standards Code, as defined in the California Building Standards Law commencing with Section 18901 of the Health and Safety Code, and;
WHEREAS, the 2022 California Building Codes adopted by the California Build Standards Commission will become effective on January 1, 2023, and; WHEREAS, a city may establish more restrictive building standards reasonably necessary due to local climatic, geological or topographical conditions, and;
WHEREAS, the City Council of the City of King City desires to amend Chapters 12.04 in Title 12 (Building and Construction) of the City of King Municipal Code, and;
WHEREAS, the City Council of the City of King further wishes to amend those portions of the California Code of Regulations Title 24 as identified herein; NOW, THEREFORE, the people of the chartered City of King City do ordain as follows:

SECTION 1. King City Municipal code is hereby amended by deleting sections 12.04.005, 12.04.010, 12.04.020, 12.04.040, 12.04.050 and 12.04.080 of Chapter 12.04 in its entirety and replace it with the following:

Chapter 12.04 Construction Codes Adopted:

12.04.005 Purpose and Authority- The purpose of this ordinance is to adopt by reference the 2022 edition of the California Building Standards Code Title 24 Exhibit 1
2 identified herein, and the 2021 edition of the International Property Maintenance Code subject to the definitions, clarifications, and the amendments set forth in this Ordinance. The purpose of this Ordinance is also to provide minimum requirements and standards for the protection of the public safety, health, property, and general welfare of the City of King City. This ordinance is adopted under the authority of Government Code Subsection 50022.2 and Health and Safety Code Section 18941.5
California Building Standards Title 24
PART 1---California Administrative Code
PART 2---California Building Code Volume 1 & 2 including listed Appendix chapters.

PART 2.5-California Residential Code including listed Appendix chapters.

PART 3---California Electrical Code including listed Appendix chapters.

PART 4---California Mechanical Code including the Appendix chapters.

PART 5---California Plumbing Code including listed Appendix chapters.

PART 6---California Energy Code including the listed Appendix chapters.

PART 8---California Historical Building Code including listed Appendix chapters.

PART 9---California Fire Code including the listed Appendix chapters.

PART 10- California Existing Building Code including listed Appendix Chapters PART 11-California Green Building Standards Code.

PART 12-California Referenced Standards Code including listed Appendix chapter.

12.04.10 EXEMPTIONS FOR PENDING APPLICATIONS:

This Chapter shall be known as the City of King City Building Code, and may be cited as such, and will be referred to herein as “this Code” (a) The provisions of the codes as adopted and amended herein, shall not apply to any building or structure for which application for a building permit was made prior to January 1, 2023. Such buildings or structure shall be erected, constructed, enlarged, altered or repaired in accordance with the provisions of this chapter in effect at the date of said application. (b) All permit applications made after January 1, 2023, shall be processed in accordance with the provisions of the codes as adopted and amended herein.

12.04.020 DEFINITIONS:
“Building Code” means the California Building Code, or CBC 2022 edition based on the 2021 International Building Code, promulgated by the International Code Council including the appendix thereto, together with those omissions, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations and this title.
3 “Residential Code” means the California Residential Code, or CRC 2022 edition based on the 2021 International Residential Code, including the appendix thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations and this title. “Building Official” means the Chief Building Official, or a regularly authorized deputy.
“Existing Building” is a building legally erected prior to January 1, 2023. “Fire Code” means the California Fire Code, or CFC 2022 edition based on the 2021 International Fire Code as adopted and amended by the City of King. “Mechanical Code” is the California Mechanical Code or CMC 2022 based on the 2021 Uniform Mechanical Code including the appendix thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations and this title.
“Occupancy” is the purpose for which a building, or part thereof, is used or intended to be used.
“Permit” is an official document or certificate issued by the Building Official authorizing performance of a specified building, plumbing, mechanical, or electrical activity or any combination of such permits issued jointly by the Building Official. “Plumbing Code” is the California Plumbing Code or 2022 CPC based on the 2021 Uniform Plumbing Code including the appendix thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations and this title.
“Structure” is that which is built or constructed, an edifice or building of any kind, or any work artificially built up or composed of parts joined together in some definite manner.
“Green Building Code” is the California Green Building Standards Code 2022 promulgated by the International Code Council and as adopted in Title 24 of the California Code of Regulations and this title.
“Technical Codes” refer to those codes adopted by this Chapter containing the provisions for design and maintenance of buildings and structures and building service equipment as herein defined which include but are not limited to the California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Administrative Code, California Fire Code, California Historical Building Code the International Property Maintenance Code.

12.04.040-HISTORIC BUILDINGS
4 Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a building, structure or its building service equipment may be made without conforming to the requirements of the technical codes and in accordance with the provisions of the 2022 California Historical Building Code when authorized by the building official, provided. (1) The building or structure has been designated by official action of the legally constituted authority of the city as having special historical or architectural significance.
(2) Unsafe conditions as described in this title are corrected. (3) The restored building or structure and its building service equipment will be no more hazardous based on life safety, fire safety, and sanitation than the existing building. (Ord.636 (2), (2002)

12.04.050-ADOPTION OF INTERNATIONAL AND UNIFORM CODES
The following publications are hereby adopted by reference and incorporated in this Code, except as expressly amended or superseded the provisions of this Chapter.
(a) California Administrative Code, 2022 Edition- specific to administrative regulations of/for the California Building Standards Commission (BSC), the Department of Housing and Community Development (HCD-2), the Office of the State Fire Marshal (SFM), the Division of the State Architect (DSA), the Office of Statewide Planning and Development (OSHPD), the Department of Health Services (DHS), the Occupational Safety and Health Standards Board (OSHA), the California Energy Commission (CEC) the Department of Food and Agriculture (AGR), the Department of Youth Authority (AU), et al.
(b) California Building Code, 2022 Edition- based on the 2021 International Building Code including, among the Appendices- Appendix Chapter C; (Group U- Agricultural Buildings), Appendix Chapter I; (Patio Covers), Appendix Chapter H; (signs) and Appendix Chapter J; (Grading) as modified, as published by the International Code Council (ICC) as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations.
(c) California Residential Code, 2022 Edition- based on the 2021 International Residential Code including, among the Appendices- Appendix Chapter H; (Patio Covers) and Appendix Chapter V; (Swimming Pool Safety Act) as published by the International Code Council (ICC) as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations. (d) California Electrical Code, 2022 Edition- based on the 2020 National Electrical Code as published by the National Fire Protection Association, as 5 adopted by the California Building Standards Commission in Title 24 of the California Code of Regulations.
(e) California Mechanical Code, 2022 Edition- based on the 2021 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials, and as amended and adopted by the California Building Standards Commission in Title 24 of the California Code of Regulations.
(f) California Plumbing Code, 2022 Edition- based on the 2021 Uniform Plumbing Code including among the appendices- Appendix Chapter A (Recommended Rules for Sizing the Water Supply System; Appendix Chapter B (Explanatory Notes on Combination Waste and Vent Systems); Appendix Chapter D (Sizing Storm Water Drainage Systems); Appendix Chapter I (Installation Standards); Appendix Chapter L (Alternative Plumbing Systems); as published by the International Association of Plumbing and Mechanical Officials, and as adopted by the California Building Standards Commission in Title 24 of the California Code of Regulations.
(g) California Energy Code 2022 Edition including Appendices as adopted by the California Building Standards Commission in Title 24 of the California Code of Regulations.
(h) California Historical Building Code 2022 Edition as adopted by the California Building Standards Commission in Title 24 of the California Code of Regulations.
(i) California Fire Code, 2022 Edition- based on the 2021 International Fire Code as published by the International Code Council (ICC) and as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations, with local amendments.
(j) California Existing Building Code, 2022 Edition- based on the 2021 International Existing Building Code published by the International Code Council (ICC) as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations.
(k) California Green Code, 2022 Edition as adopted by the California Standards Commission in Title 24 of the California Code of Regulations. (l) California Referenced Standards Code 2022 Edition including Appendices as adopted by the California Building Standards Commission in Title 24 of the California Code of Regulations.
(m) International Property Maintenance Code, 2021 Edition published by the International Code Council.

12.040.080-AMENDMENTS TO THE 2021 CALIFORNIA BUILDING CODES:

California Building Code part 2, 2022 Edition:
6 (a) Administration Chapter 1 volume 1 of the 2022 California Building Code, is hereby adopted and amended as follows:
(b) Subsection 103.1 Creation of enforcement agency, is amended to read as follows:

Subsection 103.1- The Building and Safety Department is hereby created and the official in charge thereof shall be known as the Building Official. (c) Section 105 Permits is amended to read as follows:

Subsection 105.5 Expiration. Every Grading, Building, Fire, Plumbing, Mechanical, and electrical permit issued by the city under this code shall expire by limitation and become null and void two (2) years after the date of issuance (The maximum allowable length for all permits is 2 years (2), unless otherwise noted. Extensions will not normally be considered.

Applicants with extenuating circumstances may submit written request and a filing fee to the Building Official. Such requests are required to outline extenuating circumstances that did not allow for the completion of the work as permitted). Or if the building or work authorized by such permit is not commenced within 180 days from the date of issuance, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced.
(d) Suspension and /or abandonment shall be determined by lack of progress inspections for a period of more than 180 days since a previous documented inspection. If a permit has expired, no work can recommence until a new permit is obtained.

Section 105.5.1.2- The cost of a new permit, the purpose of which is to facilitate completion of work for which a permit has expired, will be based on a quantitative estimation of inspections deemed necessary for completion. If costs for providing services to the project exceed the estimated fees collected at permit issuance, additional fees will apply. Said fees will be in accordance with the City’s Building Department Fee Schedule established by resolution of the City Council. It is the responsibility of the permittee to schedule all inspections necessary for a permit to remain current and valid. All inspections for this purpose must verify progress.

Section 105.5.2- Permits may be issued for a limited period of time when deemed necessary by the Building Official to abate dangerous, substandard, and/or illegal conditions. In such cases, the Building Official will establish the expiration at 30, 60, 90, or 180 days depending on the health and/or safety hazards. Such permit team limitations may be shorter if deemed appropriate and/or necessary by the Building Official.

Section 109.2 Fees- Is hereby amended to read as follows:

Section 109.2.1 Building permit fees- All permit fees to include Building, Electrical, Mechanical, Plumbing, and Grading permit fees shall be in accordance with the 7 schedule of fees adopted by resolution of the City Council of the City of King City from time to time.

Section 109.2.1 –Plan Review Fee- When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Plan review fees will be in addition to building permit fees for building, electrical, mechanical and plumbing work and shall be established by the City’s Building Department Fee Schedule established by resolution of the City Council. The plan review fee for grading shall be in accordance with the schedule established by the City Council. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged in accordance with the schedule established by the City Council for such fee.

Section 113- Board of Appeals – Is amended to read as follows:

The board of appeals established by Section 113 shall be the city council.

Whenever any code adopted by reference establishes a board of appeals, that board shall be the City Council and the provisions of Sections 12.06.040 and

12.06.050 shall supersede the provisions of the adopted code.

Grading Appendix J Volume 11 of the 2022 California Building Code is hereby adopted and amended as follows:

Section J110 Erosion Control- is hereby amended to read as follows:

General—Building and access envelopes shall be delineated on the development plans when necessary to keep disturbance out of particularly erodible areas.

Exposed soil shall be protected from erosion by temporary and/or permanent measures. Such protection may consist of mulching, plastic sheeting, and/or vegetation.

Runoff Control—where concentrated runoff will occur, it will be carried in pipe or culvert conduits or over a non-erodible surface (paved, rocked, or vegetated) to catchment basins clearly shown on the development plan. All conduits must have proper energy dissipaters at the point of discharge when necessary to prevent erosion.

Building Site Runoff—Runoff from the building site shall be controlled by berms, swales, ditches, structures, vegetative filter strips and/or catch-basins to prevent the escape of sediment from the site. At least one percent (1%) grade will be required toward an improved storm drainage or catch-basin facility, either existing or planned.

Runoff Retention—Permanent holding of runoff on the site through percolation to the ground shall be required during and after construction, by the use of catchbasin, retention grading, pavement collection and recharge systems, and/or individual systems for housing units such as drywells or cisterns. 8 Topsoil—to promote regrowth of vegetation, the topsoil shall be stockpiled and reapplied upon completion of grading on slopes of less than 5:1 (20%) Soil Placement and Disposal—The placing or disposal of soil, silt or other organic and earthen materials from construction and other soil-disturbance activities at locations above the anticipated high-water line of any stream in the basin where they may be washed into said waters by rainfall or runoff in quantities deleterious to fish, wildlife and other beneficial uses, is prohibited.

Temporary Vegetation—Temporary vegetation sufficient to stabilize the soil as permanent vegetation cover is maturing shall be established on all disturbed areas as needed and as each stage of grading is completed.

Winter Operation— (October 15 to April 15
(1) Land disturbance or development operations may be restricted or temporarily halted between October 15 and April 15 (the normal rainy season) and/or other times whenever the city Building inspector determines that the weather, soil, slope and general site conditions may cause serious accelerated erosion or sediment damage either on-site or downstream.

When work is allowed, native ground cover shall not be cleared, destroyed, burned, or disturbed more than 15 days prior to grading or construction work unless approved in advance by the city building inspector. (2) When land development work is allowed during the normal rainy season, adequate erosion and sediment control measures including sediment catchbasins must be in place and effective during any land disturbance. (3) All cut and fill slopes without established vegetation between October 15 and April 15 shall be mulched. The mulching shall be anchored by punching or tacking into the soil or by the use of netting. A minimum of 1,000 pounds of straw, or equivalent, per each 10,000 square feet of slope surface will be required to be anchored. An additional amount may be required by the city building inspector.
(4) All erosion control plantings and mulching shall be closely monitored throughout the winter and runoff problems corrected promptly.

Dust—Dust from grading operations must be controlled. The permittee may be required to keep adequate equipment on the grading site to prevent dust problems.

Erosion Control Coordination with Project Installation. (1) All vegetative and/or structural measures required to safely discharge any accelerated run-off generated by the project shall be installed during the first or initial construction phase of the project.
(2) Land shall be developed in increments of workable size which can be completed in a single construction season. Erosion and sediment control measures shall be coordinated with a sequence of grading, development 9 and construction operations and all necessary erosion control measures shall be put in effect to the commencement of the next work increment and/or winter rainy season.
(3) Prior to completion and final acceptance of the project, all erosion control measures must be in place and all exposed base soil shall be mulched, fertilized and otherwise prepared so that it is planted to a permanent vegetative cover. The city building inspector may require watering of planted areas to initiate and assure growth.

Existing major Developments—as part of an expansion or intensification of existing major developments, silt and grease traps or sediment catch-basins shall be required.

Maintenance—all on-site erosion control facilities shall be properly maintained by the owners for the life of the project so that they do not become nuisances with stagnant water, heavy algae growth, insect breeding, odors, discarded debris, and/or safety hazards. Vegetative maintenance required may include mowing, fertilization, irrigation and/or reseeding.

California Electrical Code, 2022 Edition
(a) Article 89 – General Code Provisions of the 2022 California Electrical Code is here-by amended as follows:
(1) Subsection 89.108.4.2.1-All permit fees to include Building, Electrical, Mechanical, Plumbing, and grading permit fees shall be in accordance with the schedule of fees adopted by resolution of the City Council of the city of King City from time to time.

Subsection 89.108.4.2.2 Plan Review Fee- When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Plan review fees will be in addition to building permit fees for building, electrical, mechanical and plumbing work and shall be established by the City’s Building Department Fee Schedule established by resolution of the City Council. The plan review fee for grading shall be in accordance with the schedule established by the City Council. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged in accordance with the schedule established by the City Council for such fee.

California Mechanical Code, 2022 Edition.
(a) Administration Chapter 1 of the 2022 California Mechanical Code, is hereby adopted and amended as follows:
(1) Section 104.3.2 Plan Review Fees- is hereby deleted and amended to read as follows:
10 Subsection 104.3.2 Plan Review Fee- When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Plan review fees will be in addition to building permit fees for building, electrical, mechanical and plumbing work and shall be established by the City’s Building Department Fee Schedule established by resolution of the City Council. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged in accordance with the schedule established by the City Council for such fee.
(2) Section 104.5 Fees- is hereby deleted and amended to read as follows:

Section 104.5- Mechanical permit fee: All permit fees to include Building, Electrical, Mechanical, Plumbing, and Grading permit fees shall be in accordance with the schedule of fees adopted by resolution of the City Council of the City of King from time to time.

California Plumbing Code, 2022 Edition
(a) Administration Chapter 1 of the 2022 California Plumbing Code, is here-by adopted and amended as follows:
(1) Section 104.3.2 Plan Review Fees- Is hereby deleted and amended to read as follows:

Section 104.3.2 Plan Review Fee- When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specification for review. Plan review fees will be in addition to building permit fees for Building, Electrical, Mechanical, Plumbing and Grading work and shall be established by the City’s Building Department Fee Schedule established by resolution of the City Council. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged in accordance with the schedule established by the City Council for such fee.
(2) Section 104.5 Fees- is hereby deleted and amended to read as follows:

Section 104.5- Plumbing Permit Fee: All permit fees to include Building, Electrical, Mechanical, Plumbing and Grading permit fees shall be in accordance with the schedule of fees adopted by resolution of the City Council of the City of King from time to time.

California Fire Code, 2022 Edition
Section 101.1 of the California Fire Code is hereby amended to read as follows:
11 101.1 Title. These regulations shall be known as the City of King Fire Code, hereinafter referred to as “this code.”
Section 101.2.1 is amended to read as follows:
101.2.1 Appendices. Provisions in all appendices to this code are hereby adopted in their entirety and shall apply.

Section 102.1 is amended to read as follows:
102.1 Construction and design provisions. The construction and design provisions of this code shall apply to:

1. Structures, facilities and conditions arising after the adoption of this code.

2. Existing structures, facilities and conditions not legally in existence at the time of adoption of this code.

3. Existing structures, facilities and conditions where required in Chapter 11 when identified in specific sections of this code.

4. Existing structures, facilities and conditions that, in the opinion of the fire code official, constitute a distinct hazard to life and property.

5. Existing structures alterations and repairs.

5.a. All new work performed in alterations and/or repairs to existing structures shall comply with the current provisions of this Chapter.

5.b. When alterations and/or repairs result in the removal, alteration, modification, replacement and/or repair of fifty percent or more of the external walls of a building, or result in the removal, alteration, modification, replacement and/or repair of fifty percent or more of the existing internal structural and/or nonstructural framework, independently or in combinations thereof, within a five-year period, the entire building shall be made to conform to the current provisions of this Chapter.

5.c. Calculations of linear wall measurements shall be shown on all plans submitted for building permits, on the cover page in the project description of said plans.

5.d. The determination under this section of the requirement for upgrading any existing structure to full conformance with the current provisions of this Chapter shall be at the sole discretion of the fire code official.

Section 103 is added to read as follows:
103.0 Responsibility for enforcement. Within the City of King, responsibility for enforcement of this code shall be under the direction of the Fire Chief.

Section 104.1.1 is added to read as follows:
103.5 Police powers. The fire code official and his deputies shall have the powers of police officers in performing their duties under this code. When 12 requested to do so by the fire code official, the chief of police of the City of King is authorized to assign such available police officers as necessary to assist the fire code official in enforcing the provisions of this code.

Section 105.5.0 is added to read as follows:
105.5.0 Agricultural Explosive Devices. An operational permit is required for storage or use of any agricultural explosive device including “bird bombs”.

Section 112.2 is amended to read as follows:
112.2 Owner/occupant responsibility. Correction and abatement of violations of this Code shall be the responsibility of the owner. If an occupant creates, or allows to be created, hazardous conditions in violation of this Code, the occupant shall be held responsible for the correction and abatement of such hazardous conditions.

Section 122.4 is amended to read as follows:
112.4 Violation penalties. Persons who shall violate any provision of this Code or shall fail to comply with any of the requirements thereof or shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this Code, shall be guilty of an infraction, punishable by a fine in conformance with the City of King Municipal Code.

Section 113.4 is amended to read as follows:
113.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of an infraction as specified in Section 112.4 of this code.

Section 202 of the California Fire Code is hereby amended to add as follows:

ALL WEATHER SURFACE. A road surface constructed to the minimum standards adopted by the jurisdiction.

BRIDGE. A structure to carry a roadway over a depression or obstacle.

IDLE PALLET. A pallet or similar product storage and/or lifting device not currently in use and empty of product.

Section 503.2.6.1 is added to read as follows:
503.2.6.1 Private bridge engineering. Every private bridge hereafter constructed shall meet the following engineering requirements:
13 1. The weight shall be designed for a minimum of HS-20 loading as prescribed by the AASHTO.

2. The unobstructed vertical clearance shall be not less than 15 feet clear.

3. The width shall be a minimum of 20 feet clear. The fire code official may require additional width when the traffic flow may be restricted or reduce the width to a minimum of 12 feet for Occupancy Group U or R-3 occupancies.

4. The maximum grade change of the approach to and from any private bridge shall not exceed 8% for a minimum distance of 10 feet.

Section 503.2.6.2 is added to read as follows:
503.2.6.2 Private bridge certification. Every private bridge hereafter constructed shall be engineered by a licensed professional engineer knowledgeable and experienced in the engineering and design of bridges.

Certification that the bridge complies with the design standards required by this code and the identified standards, and that the bridge was constructed to those standards, shall be provided by the licensed engineer, in writing, to the fire code official. Every private bridge, including existing and those constructed under this code, shall be certified as to its maximum load limits every ten (10) years or whenever deemed necessary by the fire code official. Such recertification shall be by a licensed professional engineer knowledgeable and experienced in the engineering and design of bridges. All fees charged for the purpose of certification or recertification of private bridges shall be at the owner’s expense.

Section 503.2.7 is amended to read as follows:
503.2.7 Grade. The grade of fire apparatus access roads shall be no greater than 15% unless specifically approved by the fire code official.

Section 503.2.7.1 is added to read as follows:
503.2.7.1 Paving. All fire apparatus access roads over eight percent (8%) shall be paved with a minimum 0.17 feet of asphaltic concrete on 0.34 feet of aggregate base. All fire apparatus access roads over fifteen percent (15%) where approved shall be paved with perpendicularly grooved concrete.

Section 503.7 is added to read as follows:
503.7 Fire apparatus access road names. All fire apparatus access road names shall be issued by the jurisdictional authority.

Section 507.5.2 is amended to read as follows:
507.5.2 Inspection, testing and maintenance. Fire hydrant systems shall be subject to periodic tests as required by the fire code official. Fire hydrant systems shall be maintained in an operative condition at all times and shall be 14 repaired where defective. Additions, repairs, alterations and servicing shall comply with approved standards. Records of tests and required maintenance shall be maintained. When required by the fire code official, hydrants shall be painted in accordance with the most current edition of NFPA 291. Records of test and required maintenance shall be maintained and forwarded to the fire code official upon request.

Section 605.3.1 is added to read as follows:
605.3.1.1 Spark arresters. An approved spark arrester shall be installed on all chimneys, incinerators, smokestacks or similar devices using solid fuel for conveying smoke or hot gases to the outer air.
605.3.1.2 Spark arresters shall have openings in accordance with Section 2113.9.2(3) of the California Building Code and Section 1003.9.2 of the California Residential Code with minimum openings of 3/8” and maximum openings of ½”.

Section 901.1.1 is added to read as follows:
901.1.1 Responsibility. The owner of the protected premises shall be responsible for all fire protection systems within the protected premises, whether existing or installed under this code.

Section 901.2.2 is added to read as follows:
901.2.2 Additional documentation. Additional documentation as required by the fire code official shall be provided to the fire code official in an acceptable format.

Section 901.4 is amended to read as follows:
901.4 Installation. Fire protection systems shall be maintained in accordance with the original installation standards for that system. All systems shall be extended, altered, or augmented as necessary to maintain and continue protection whenever the building is altered, remodeled or added to. Alterations to fire protection systems shall be done in accordance with applicable standards.

Section 901.4.8 is added to read as follows:
901.4.8 Nonoperational equipment. Any fire protection equipment that is no longer in service shall be removed.

Section 901.6.4 is added to read as follows:
901.6.4 Qualifications of Inspection, Testing and Maintenance Personnel.

All personnel performing any inspection, testing or maintenance of any fire 15 protection system shall be qualified. Where such inspection, testing and maintenance is performed by an outside service company, the company shall be appropriately licensed in accordance with the California Business & Professions Code or by the California State Fire Marshal.

Section 901.6.5 is added to read as follows:
901.6.5 Additional records. All documentation generated during any scheduled inspection or test of any fire protection system, whether required or voluntarily installed, shall be forwarded to the fire code official within 21 calendar days after the date of the inspection or test.

Section 901.11 is added to read as follows:
901.11 Fire Protection Features for Plant Processing and Extraction Facilities 901.11.1 Scope. This section applies to occupancies regulated by Chapter 38 of this Code.
901.11.2 Definitions.
901.11.2.1 Plant processing shall include all plant post-harvest operations, excluding retail sales of plant and related products.
901.112.2 Indoor cultivation shall be defined as all nursery or cultivation conducted in other than Group U occupancies (greenhouses). 901.11.3 Fire Protection Systems. All buildings or portions thereof housing plant post-harvest or indoor cultivation operations shall be protected as defined in this section.
901.11.3.1 Fire Sprinklers. Fire sprinklers shall be installed in accordance with 901.11.3.1.1, 901.11.3.1.2, or 901.11.3.1.3.
901.11.3.1.1 Installation. Fire sprinklers shall be installed in all buildings or portions thereof; such fire sprinkler systems shall be designed to Ordinary Group II design standards in the latest adopted edition of NFPA 13 and Section 903 of this code.
901.11.3.1.2 Group H. If the occupancy is classified as a Group H Occupancy the fire sprinkler system may be required to be designed and installed as an Extra Hazard fire sprinkler system.
901.11.3.1.3 Where permitted. Where permitted by the fire code official and not otherwise required by this code or the CBC, fire sprinklers may be eliminated in approved buildings less than 500 square feet.
16 901.11.3.2 Fire Alarm Systems. Fire alarm systems shall be installed in all buildings or portions thereof; such fire alarm systems shall include both fire sprinkler system monitoring and complete occupant notification as specified in the latest adopted edition of NFPA 72 and Section 907 of this code. 901.11.3.3 Special Hazard Systems. Where specified by appropriate UL listings for extraction booths utilizing volatile solvents, dry chemical fire protection systems shall be installed according to the latest adopted edition of NFPA 17. If there is no UL listing for the extraction booth, a dry chemical fire protection system shall be installed.
901.11.3.4 Portable Fire Extinguishers. Portable fire
extinguishers shall be installed in accordance with NFPA 10 and Section 906 of this code.

Section 903.2 is amended to read as follows:
903.2 Where required. Approved automatic sprinkler systems shall be provided in all new buildings and structures constructed, moved into or relocated within the jurisdiction.

Exceptions:
(1) Structures not classified as Group R occupancies and not more than 500 square feet in total floor area.
(2) Detached agricultural buildings, as defined by this code, located at least one hundred feet (100’) from any other structure or the property line, whichever is closer.
(3) Accessory structures associated with existing non-sprinklered R-3 occupancies (one or two-family dwellings) and less than 1500 square feet in total fire area.
(4) Where an insufficient water supply exists to provide for an automatic fire sprinkler system and/or where the fire code official permits alternate protection. (5) An accessory dwelling unit constructed in accordance with California state law and exempted by California state law.

The following sections are amended by changing requirements to 500 square feet for fire sprinkler installation, as follows (the complete text of the section is not provided):
903.2.1.1 Group A-1. Change 12,000 square feet to 500 square feet. 903.2.1.2 Group A-2. Change 5,000 square feet to 500 square feet. 903.2.1.3 Group A-3. Change 12,000 square feet to 500 square feet. 903.2.1.4 Group A-4. Change 12,000 square feet to 500 square feet. 903.2.1.5 Group A-5. Change 1,000 square feet to 500 square feet. 903.2.3 Group E. Change 12,000 square feet to 500 square feet. 903.2.4 Group F-1. Change 12,000 square feet to 500 square feet. 903.2.4.1 Woodworking. Change 2,500 square feet for woodworking operations to 500 square feet.
17 903.2.7 Item1 Group M. Change 12,000 square feet to 500 square feet. 903.2.7 Item 3 Group M. Change 24,000 square feet to 500 square feet. 903.2.9 Group S-1. Change 12,000 square feet to 500 square feet. 903.2.9.1 Repair Garages. Change 10,000 square feet (2 story buildings) and 12,000 square feet (1 story buildings) to 500 square feet. 903.2.9.2 Bulk storage of tires. Change 20,000 cubic feet to 500 square feet.

Section 903.2.8 is amended to read as follows:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided in all buildings with a Group R fire area, including, but not limited to, one- and two-family dwellings, townhomes, and manufactured homes and mobile homes located outside of licensed mobile home parks hereafter constructed, moved into or relocated within the jurisdiction, including all additions to buildings already equipped with automatic fire sprinkler systems.

Section 903.3.1.1.1 #8 is added to read as follows:

8. Passenger elevator shafts or associated passenger elevator mechanical rooms, where elevator shafts are constructed with a 2-hour fire resistive method.

Section 903.3.1.1.2 is deleted.

Section 903.3.1.2 is amended to read as follows:
903.3.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies up to and including four stories in height shall be permitted to be installed throughout in accordance with NFPA 13R as amended in Chapter 47 of this code.
903.3.1.2.1 Balconies and decks. Sprinkler protection shall be provided for exterior balconies, decks and ground floor patios of dwelling units were the building is of Type V construction, provided there is a roof or deck above. Sidewall sprinklers that are used to protect such areas shall be permitted to be located such that their deflectors are within 1 inch to 6 inches below the structural members and a maximum distance of fourteen (14) inches below the deck of the exterior balconies and decks that are constructed of open wood joist construction. 903.3.1.2.3 Attics. Where NFPA 13R sprinkler systems are installed, all attic areas shall be provided with sprinkler protection in accordance with NFPA 13. 903.3.1.2.4 Sprinkler control valves. Where NFPA 13R sprinkler systems are installed, sprinkler system control valves shall be installed in accordance with NFPA 13.
18 903.3.1.2.5 Bathrooms. Automatic sprinklers shall be installed in all bathrooms, regardless of square footage, where an electrical receptacle is installed. 903.3.1.2.6 Accessible storage areas. Automatic sprinklers shall be installed in all accessible storage areas.
903.3.1.2.7 Under-stair spaces. Automatic sprinklers shall be installed in all under-stair spaces including all under-stair closets.

Section 903.3.1.3 is amended to read as follows:
903.3.1.3 NFPA 13D sprinkler systems. Automatic fire sprinkler systems installed in one- and two-family dwellings; Group R-3 and R-4 congregate living facilities and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D as amended in Chapter 80. The requirements of this section supersede the requirements of the California Residential Code. 903.3.1.3.1 Hydrostatic Testing. All fire sprinkler systems installed in one- and two-family dwellings shall be tested for leakage by undergoing a hydrostatic test made at 200 psi for a two-hour duration.
903.3.1.3.2 Water Supply. Each water system supplying both domestic and fire protection systems shall have a single indicating-type control valve, arranged to shut off both the domestic and sprinkler systems. A separate shut-off valve for the domestic system only shall be permitted to be installed. The location of the control valve shall be approved by the fire code official. 903.3.1.3.3 Bathrooms. Automatic sprinklers shall be installed in all bathrooms, regardless of square footage, where an electrical receptacle is installed. 903.3.1.3.4 Garages. Automatic sprinklers shall be installed in all attached garages and other accessory structures and in all garages and other accessory structures located within 20 feet of the main residence. 903.3.1.3.5 Storage Areas. Automatic sprinklers shall be installed in all accessible storage areas.
903.3.1.3.5.1 Under Stair Locations. Automatic sprinklers shall be installed in all under-stair spaces including all closets.
903.3.1.3.6 Alarms. Local water flow alarms shall be provided on all sprinkler systems. Local water flow alarms shall be powered from the main kitchen refrigerator circuit. The local water flow alarm shall be clearly audible from within the master bedroom at an audibility level of not less than 75 dBa. Where no kitchen exists in the building, the water flow alarm shall be powered from the bathroom 19 lighting circuit. Where required by the fire code official, interior audible notification appliances or additional water flow alarms may be required to be installed at locations specified by the fire code official.
903.3.1.3.7 Automatic fire sprinklers shall be installed to protect all furnaces and heating system appliances.

Section 903.4.1 is amended to read as follows:
903.4.1 Monitoring. Alarm, supervisory and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station, remote supervising station or proprietary station as defined in NFPA 72, or, where approved by the fire code official, shall sound an audible signal at a constantly attended location. The fire alarm system installed to transmit such signals shall be considered a building fire alarm system.(exceptions remain unchanged)
Section 903.4.2 is amended to read as follows:
903.4.2 Alarms. One exterior approved audible appliance shall be connected to each automatic sprinkler system in an approved location. Sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a building fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Interior alarm notification appliances shall be installed as required by Section 903.4.2.1.

Section 903.4.2.1 is added to read as follows:
903.4.2.1 Notification. Where an automatic fire sprinkler system is installed in a building with more than one tenant or with over 100 sprinkler heads, audible and visible notification appliances shall be installed throughout the building as follows:
a. Audible notification appliances shall be installed so as to be audible at 15 dBa above average sound pressure level throughout the building. b. Visible notification appliances shall be installed in all public and common use areas, restrooms and corridors in accordance with the spacing requirements of NFPA 72.
c. Visible notification appliances can be eliminated in normally unoccupied portions of buildings where permitted by the fire code official.

EXCEPTION: The requirements of this section do not apply to Group R-3 Occupancies.

Section 903.4.3 is amended to read as follows:
20 903.4.3 Floor control valves. Approved indicating control valves and water flow switches shall be provided at the point of connection to the riser on each floor in all buildings over one story in height and shall be individually annunciated as approved by the fire code official.

Section 904.12.2 is amended to read as follows:
904.12.2 System interconnection. The actuation of the fire extinguishing system shall automatically shut down all fuel and electrical power located under the hood, except for the electrical power to the exhaust air supply. The fuel and electrical supply reset shall be manual.

Section 904.12.5.2 is amended to read as follows:
904.12.5.2 Extinguishing system service. Automatic fire extinguishing systems shall be serviced by a CSLB licensed C-16 contractor or a CSFM licensed “A” licensee at least every six months and after activation of the system. Inspection shall be performed by the owner at least monthly in accordance with the currently adopted edition of NFPA 17-A. The service contractor shall review the records of monthly inspections every six months, and deficiencies shall be reported to the fire code official. A service report shall be forwarded to the fire code official by the licensed service contractor within 21 days after every service on the appropriate AES form.

Section 907.1.6 is added to read as follows:
907.1.6 Multiple Fire Alarm Systems. Multiple fire alarm systems within a single protected premises are not permitted, unless specifically authorized by the fire code official.

Section 907.2 is amended to read as follows:
907.2 Exception 1. The manual fire alarm box is not required for fire alarm control units dedicated to elevator recall control.

Section 907.6.5 is amended to read as follows:
907.6.5 Access. Access shall be provided to each fire alarm system component for periodic inspection, maintenance and testing.

Section 907.6.6 is amended to read as follows:
907.6.6 Monitoring. Fire alarm systems, whether required by this chapter or the California Building Code or voluntarily installed, shall be monitored by an approved supervising station in accordance with NFPA 72 and this section. 21 Section 907.6.6.4 is added to read as follows:
907.6.6.4 Means of communication. The use of either POTS or cable telephone lines with a digital alarm communicator transmitter shall not be permitted.

EXCEPTION. Where no other communications methods are available, the use of telephone lines shall be permitted to be used on a temporary basis not to exceed one year from the date of final acceptance test or until permitted alternate means of communications are available.

Section 907.7.2 is amended to read as follows:
907.7.2 Completion documents. The following documentation shall be provided at the time of acceptance testing for all fire alarm system installations:

1. A record of completion in accordance with NFPA 72.

2. A contractor’s statement verifying that the system has been installed in accordance with the approved plans and specifications and has been 100% tested in accordance with NFPA 72.

3. A contractor’s affidavit of personnel qualifications, indicating that all personnel involved with the installation of the fire alarm system meet the qualification requirements of the fire code official.

Section 1204.1.1 is added to read as follows:
1205.1.1 Signing and Marking. In addition to signing and marking requirements of the California Building Code and the California Residential Code, the following signing and marking is required:
1205.1.1.1 Main Panel Exterior Marking. A placard is required to be permanently affixed to the main service disconnect panel. The placard shall be red in color with white capital letters at least 3/4” in height and in a non-serif font, to read “SOLAR DISCONNECT INSIDE PANEL.” The placard shall be constructed of weather-resistant, durable plastic with engraved letters, or other approved material.
1205.1.1.2 Circuit Disconnecting Means Marking. A permanent label is to be affixed adjacent to the circuit breaker controlling the inverter or other photovoltaic system electrical controller. The label shall have contrasting color capital letters at least 3/8” in height and in a non—serif font, to read “SOLAR DISCONNECT.” The label shall be constructed of durable adhesive material or other approved material.
1205.1.1.3 Secondary Power Sources. Where photovoltaic systems are interconnected to battery systems, generator backup systems, or other secondary power systems, additional signage acceptable to the fire code official shall be required indicating the location of the secondary power source shutoff switch.
22 1205.1.1.4 Installer Information. Signage acceptable to the fire code official indicating the name and emergency telephone number of the installing contractor shall be required to be installed adjacent to the man disconnect.

Section 1205.2.1 is amended as follows:

Section 1205.2.1, Exceptions 1 and 2 are deleted in their entirety.

Section 1204.2.1.4 is added to read as follows:

Section 1204.2.1.4 Hip and Valley Layout. Hip and Valley Layouts. Modules shall be located no closer than one and one-half feet (1-1/2’) to a hip or valley if modules are to be placed on both sides of a hip or valley. Where modules are located on only one side of a hip or valley that is of equal length, the modules shall be permitted to be placed directly adjacent to the hip or valley.

Section 1206.15 is added to read as follows:
1206.15 Additional Signage. Signage acceptable to the fire code official shall be required indicating the location of the stationary fuel cell power system.

Section 3905.3 is added to read as follows:
3905.3. Fire Protection Systems. Fire protection systems in occupancies regulated by this chapter shall be in accordance with Section 901.11 of this Code.

International Property Maintenance Code, 2018 Edition
(A) Administration Chapter 1 Subsection 101.1 to read as follows:

Subsection 101.1 Title: These regulations shall be known as the International Property Maintenance Code of the City of King City, hereinafter referred to as “this code”
(B) Subsection 102.3 to read as follows:

Subsection 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Building Standards Code and other applicable laws and ordinances.
(C)Subsection 103.5 to read as follows:

Subsection 103.5 Fees. The fees for activities and services performed by the code official under this code shall be in accordance with the Schedule 23 of Fees adopted by resolution of the City Council of the City of King City from time to time.
(D)Subsection 111.2 to read as follows and delete Sections 111.2.1 through 111.2.5.

Subsection 111.2 Membership of board of appeals. The board of appeals shall be the City Council and shall be in accordance with Sections 12.06.040 and 12.06.050 of this code. (12.06.040 and 12.06.050 of this code) (E) Subsection 112.4 to read as follows:

Subsection 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $100 dollars or more than $1,000 dollars.

SECTION 2. The City Council hereby finds and determines all the amendments, deletions, and additions to the California Building Standards Code and other codes are necessary due to the following:

Climatic - The City of King experiences periods of high temperatures accompanied by low humidity and high winds each year. The City also experiences periods of intense rainfall, which creates the need for special drainage precautions.

Local Geological Conditions – City of King is located in the Salinas Valley in southern Monterey County, which is in a populated area having buildings constructed near a vast array of fault systems capable of producing major earthquakes. A severe seismic event could cause wide-spread damage, disrupt communications, damage gas mains, cause extensive electrical hazards, and place extreme demands on the limited and widely dispersed resources of rescue and fire-fighting resources resulting in failure to meet the fire and life safety needs of the community.

Local Topographical Conditions – The City of King being located adjacent to open vegetated areas subject to consistently high winds and potential fires, necessitates the amendments hereby adopted to address and clarify special needs to reduce fire hazard at the time of any disaster, natural or manmade, and to reduce hazards resulting from landslides, excessive erosion, and/or flooding.

SECTION 3. It is the intent of this ordinance to amend the King City Municipal Code. If the above amendment did not fully effectuate that intent, Council herby directs the City clerk to make any other such changes to the language 24 in the King City Municipal Code as necessary to effectuate the intent of this Ordinance. Such changes shall be considered clerical.

SECTION 4. All ordinance and parts in conflict herewith are hereby repealed.

This ordinance will become effective on January 1st, 2023.

SECTION 5. If any provision(s) of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, parts or portions thereof be declared invalid or unconstitutional.

SECTION 6. This Ordinance shall take effect on January 1, 2023, 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 25th day of October, 2022, and adopted the Ordinance after the second reading at a regular meeting held on the 8th day of November, 2022, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
ERICA SONNE, City Clerk

CITY OF KING
By: _______________________
MIKE LEBARRE, Mayor
25 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. 9 (E)

REPORT TO THE CITY COUNCIL
DATE: NOVEMBER 8, 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
NOVEMBER 8, 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
NOVEMBER 8, 2022
PAGE 3 OF 4
The findings were last approved by the City Council at the October 11, 2022 meeting. Therefore, the approval is necessary again at this time because the next meeting will be over 30 days from the last approval.

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-____

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) December 30, 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 8
th day of November, 2022 by the following vote:

AYES, Council Members:

NAYS, Council Members:

ABSENT, Council Members:

ABSTAIN, Council Members:

APPROVED:
_______________________________
Mike LeBarre, Mayor
ATTEST:
___________________________________
Steven Adams, 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 (F)

REPORT TO THE CITY COUNCIL
DATE: NOVEMBER 8, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF STATE LOCAL AGENCY TECHNICAL

ASSISTANCE GRANT AND BROADBAND PLANNING STUDY
RECOMMENDATION:

It is recommended the City Council: 1) authorize the City Manager to accept a Local Agency Technical Assistance Grant in an amount up to $500,000, certify the City will comply with all requirements, and execute all required documents; and 2) approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with Golden State Connect Authority to implement the Local Agency Technical Assistance Grant.

BACKGROUND:

At the May 10th meeting, the City Council approved a Joint Exercise of Powers Agreement creating the South Salinas Valley Broadband Authority. The purpose was to work jointly with the other South Monterey County cities and County of Monterey on efforts to obtain grant funding to plan for and construct new broadband infrastructure to King City.

The Golden State Connect Authority (GSCA) has been formed for the purpose of increasing access to reliable, affordable high-speed internet for rural area residents and businesses. The Authority is a JPA comprised of 38 rural counties.

Supervisor Chris Lopez currently serves on the GSCA Board of Directors Executive Committee.

In July 2021, the Governor signed Senate Bill 156, which allocated $6 billion to the California Public Utilities Commission for broadband deployment across four program areas:
• Middle Mile ($3.25 Billion) – state owned and operated, open-access middle mile infrastructure.

CITY COUNCIL

CONSIDERATION OF STATE LOCAL AGENCY TECHNICAL ASSISTANCE

GRANT AND BROADBAND PLANNING STUDY
NOVEMBER 8, 2022
PAGE 2 OF 4
• Federal Funding Account (FFA)/Last Mile ($2 Billion) – formula allocations calculated on a county basis to provide last mile grant funds to the designated unserved/underserved areas (Important note: monies, while allocated on a county basis, do not flow to the counties – they are available to providers who apply for funds and commit to delivering a minimum 100/100 service to ALL unserved/underserved addresses in the area in which they applied).
• Loan Loss Reserve fund ($750 Million) – available to municipalities to serve as security against financing models that attract private investment. • Local Agency Technical Assistance (LATA) Fund ($50 Million) – provided to eligible local agencies (including counties) to cover 100% of pre-deployment project costs that advance the deployment of broadband infrastructure.

The GSCA is assisting the SSVBA to apply for and administer grant funding.

They submitted an application for LATA funds on the City’s behalf. On October 17th, the City was notified that its application for LATA funding for the City of King Broadband Network Design project in the amount of up to $500,000 has been approved. The City is required to formally accept the grant within 30 days in order to receive it.

DISCUSSION:

The LATA program provides 100% funding to eligible applicants for identified projects that advance the deployment of broadband infrastructure. Counties (and other eligible entities – cities, utilities, co-ops, tribes, etc.) can apply for up to $500,000 to fund 100% of identified projects that are considered pre-deployment, i.e., not construction or equipment purchases. Applications that are submitted for $500,000 or less progress through a Ministerial Review process at the staff level.

The funding is provided on a reimbursement basis.

The grant award is predicated on the City’s agreement to provide technical assistance as detailed in its application. In its application, the City agreed and attested to comply with the specified Ministerial Review criteria as well as fulfilling all requirements, guidelines, and conditions associated with a grant of Local Agency Technical Assistance funds, including but not limited to execution and performance, payment, reporting and award acceptance requirements. Key requirements of the grant include:
• All costs are related to the development of broadband network deployment projects to benefit unserved or underserved Californians. These projects

CITY COUNCIL

CONSIDERATION OF STATE LOCAL AGENCY TECHNICAL ASSISTANCE

GRANT AND BROADBAND PLANNING STUDY
NOVEMBER 8, 2022
PAGE 3 OF 4
may include, but are not limited to, the costs of joint powers authority formation, environmental studies, network design, and engineering study expenses.
• Grants may not exceed $500,000 per local agency, per fiscal year. • A signed affidavit agreeing to comply with the terms, conditions and requirements of the grant; the jurisdiction of the Commission with respect to the disbursement and administration of the grant; and applicable state and federal rules concerning broadband services.
• Grantee must sign a Consent Form agreeing to the terms stated in the award letter as well as all LATA Rules and Requirements, Guidelines and Application Materials in D.22-06-026.
• Grantee must complete the reimbursable work product within 24 months. • Grantee must provide a copy of the final reimbursable work product.

The purpose of the LATA funds will be to develop low level, construction ready broadband network designs for the priority unserved/underserved areas of each jurisdiction. The process to get to low level designs will include three steps:

1. Conceptual Network Designs and Cost Estimation – This step will include the defining of specific project areas that include the unserved/underserved areas of the jurisdiction. Project areas must include access to Middle Mile infrastructure or access to open last mile infrastructure. Rough cost estimates will be associated with this step in the process to enable evaluation of proposed project areas.

2. Refined High Level Design and Foundational Planning – This step will provide more detailed network design and associated cost estimates with key project areas identified in Step 1. In addition, this step in the design process will include costs and planning associated with the accessory components (huts, permits, etc.) of the project area designs.

3. Low Level Design and Engineering – This step will result in construction ready, low level designs, as well as identification of all accessary component costs, locations, and concerns (if any) for the priority project area(s) within the jurisdiction.

The project management and grant administration will be done by GSCA in coordination with the Monterey Bay Economic Partnership (MBEP), who is providing the administrative support for the SSVBA. They will file the Quarterly

Item No. 9 (G)

REPORT TO THE CITY COUNCIL
DATE: NOVEMBER 8, 2022
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF AMENDMENT TO ARCHITECTURAL

SERVICES AGREEMENT WITH REISS DESIGN STUDIO, PC
RECOMMENDATION:

It is recommended the City Council approve and authorize the City Manager to execute an Amendment to the Architectural Services Agreement with Reiss Design Studio, PC for on-call as needed architectural services to increase the not-to-exceed amount from $75,000 to $150,000.

BACKGROUND:

At the February 22nd meeting, the City Council approved an Architectural Services Agreement with Reiss Design Studio, PC for on-call as needed architectural services. The term of the Agreement is five years, and the not-toexceed amount is $75,000 per year.

Staff has requested the architects to work on more projects than originally anticipated. Therefore, costs will likely exceed the amount of the contract prior to the end of the contract year. As a result, the not-to-exceed amount is recommended to be increased.

DISCUSSION:

The architects are currently preparing design plans and drawings for the following projects:
• Visitor and History Center
• 2 outdoor dining projects
• 1 façade enhancement project
• City Hall office remodel

Exhibit 1

King City City CouncilNovember 8, 2022

King City City Council
November 8, 2022