King City City Council
December 13, 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 DECEMBER 13, 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
A. Proclamation for Chief of Police Keith Boyd

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. ELECTIONS
A. Consideration: Resolution No. 2022-4915 Canvassing and Declaring the Result of the November 8, 2022 Election
Recommendation: adopt Resolution No. 2022-4915, Canvassing and Declaring the Result of the Consolidated General Election held in the City of King on November 8, 2022.

B. Oath of Office Administered by the City Clerk to Darlene Acosta, and Mike LeBarre
C. Comments by Newly Elected Council Members
D. Consideration: Selection of Council Officers
Recommendation: 1) City Clerk preside over nomination and election of Mayor by a vote of the Council for a period of two years; 2) Mayor preside over nominations and election of Mayor Pro Tem for a period of two years; and 3) the newly elected Mayor chair the remainder of the meeting.

E. Consideration: Regional Board and Committee Assignments Recommendation: Select Council representatives and alternates to the following regional Boards and Committees:

1. Transportation Agency of Monterey County (TAMC)

2. Association of Monterey Bay Area Governments (AMBAG)

3. Salinas Valley Solid Waste Authority

4. Monterey Bay Unified Air Pollution Control District

5. Monterey Salinas Transit (MST)

6. Oversight Board for the Successor Agency

7. 4 Cities 4 Peace

8. King City Schools - Liaison

9. Salinas Valley Fair – Liaison

10. 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 November 22, 2022, Council Meeting Recommendation: approve and file.

B. Consideration: City of King Check Register November 16, through November 30, 2022
Recommendation: receive and file.

C. Consideration: City of King KCCP Payments for the Month of October 2022 Recommendation: receive and file.

D. 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.

E. Consideration: State Water Resources Control Board Financial Assistance Application and Agreement Authorizing Resolution for the Wastewater Treatment Plant and Recycled Water Project
Recommendation: adopt a Resolution authorizing the City Manager to submit an application, negotiate and enter into an agreement with the State Water Resources Control Board for financial assistance for construction of the new wastewater treatment plant and recycled water project.

F. Consideration: Adjustments to the FY 2022-23 Job Classification Plan Recommendation: adopt a Resolution amending the FY 2022-23 Job Classification Plan to implement recommended pay increases for selected part-time positions to address compliance with new State of California minimum wage requirements.

G. Consideration: Authorization to Enter Into 10-Year Agreement with Axon Enterprises, Inc. for Law Enforcement Small Unmanned Aerial Systems and Interview Room Services
Recommendation: authorize the City Manager to execute a 10-year agreement in a form approved by the City Attorney for law enforcement small unmanned aerial systems and interview room services with AXON Enterprises.

H. Consideration: Designation and Liquidation of Surplus Equipment Recommendation: adopt a Resolution deeming certain City-owned equipment as surplus equipment and direct the liquidation by properly disposing of items that are obsolete, unneeded and unusable.

I. Consideration: A Resolution of the Successor Agency to the Former King City Community Development Agency Approving the Recognized Obligation Payment Schedule 23-24 for the Period of July 1, 2023 Through June 30, 2024 Recommendation: Successor Agency adopt Resolution SA-2022-02 approving the ROPS 23-24, for the period of July 1, 2023 through June 30, 2024.

J. Consideration: A Resolution of the Successor Agency to the Former King City Community Development Agency Approving the Establishment of the Last and Final Recognized Obligation Payment Schedule
Recommendation: Successor Agency adopt Resolution SA-2022-03 approving the establishment of the Last and Final Recognized Obligation Payment Schedule.

11. PUBLIC HEARINGS
A. Consideration: An Ordinance Amending Abandoned Vehicle Restrictions in the City
Recommendation: introduce an Ordinance amending Chapter 10.26 of the King City Municipal Code pertaining to abandoned vehicles 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.

12. REGULAR BUSINESS
A. Consideration: Memorandum of Understanding Between City of King and USA Waste of California (Dba Waste Management) In Regard to Negotiations for Amendments to the Exclusive Solid Waste, Recycling and Organics Collection Services Program Agreements
Recommendation: adopt and authorize the City Manager to execute a Memorandum of Understanding (MOU) to negotiate amendments to the Franchise Agreement with Waste Management for garbage, recycling, and organics collection services in order to promptly implement new laws and regulations in effect as of January 1, 2022.

B. Consideration: CPI Adjustments to Cannabis Tax Rates Recommendation: 1) adopt a Resolution increasing cannabis tax rates for manufacturing and testing by CPI (4.2%) effective January 1, 2023; and 2) direct staff to prepare a Resolution for City Council consideration that would establish future reductions in the cannabis cultivation tax rate triggered by increases in square footage of operations.

C. Consideration: Purchase of Pierce Quint Areal Fire Apparatus Recommendation: approve and authorize the City Manager to execute an agreement with Golden State Fire Apparatus for the purchase of a new Pierce Quint aerial fire apparatus at a price of $1,135,546.35 contingent upon confirmation from the State that the City will be reimbursed for the purchase.

13. 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.

A. None

14. ADJOURNMENT
The City of King is an equal opportunity provider and employer.

Monthly Schedule, December 2022 Have a Merry Christmas and a Happy New Year Mike LeBarre, Mayor, King City California
MONTHLY MEETINGS:
12-2 Monterey County Water Resource Agency (MCWRA),
Personal and Administration Committee, Zoom
12-2 Monterey County Water Resource Agency (MCWRA),
Finance Committee, Zoom
12-2 House America/HUD, Zoom
12-2 Monterey County Mayors Association (MCMA), Zoom
12-2 CA Mayors Association, Zoom
12-5 Transportation Agency of Monterey County (TAMC), Rail Policy Committee, Chair, Cancelled
12-5 Special King City Council, Council Chambers
12-7 Transportation Agency of Monterey County (TAMC),
Executive Committee, Cancelled
12-7 Transportation Agency of Monterey County (TAMC), Board of Directors, 1st Vice Chair, Zoom
12-7 Transportation Agency of Monterey County (TAMC),
Bicycle and Pedestrian Facilities Committee, Zoom
12-9 Monterey County Water Resource Agency (MCWRA),
Strategic Planning Session, Laguna Seca
12-12 BOPC Committee (MST) Chair, Zoom
12-12 Monterey-Salinas Transit (MST) Board of Directors, Zoom 12-12 South Salinas Valley Broadband Authority (SSVBA), Greenfield
12-13 King City Council, Council Chambers
12-14 Leadership Council/Continuum of Care, Zoom
12-16 House America/HUD, Zoom
12-19 Monterey County Water Resource Agency (MCWRA),
Board of Directors, Zoom
12-21 Monterey Bay Air Resource District (MBARD) Board of Directors, Zoom
12-26 Salinas Valley Mayors and Managers (SVMM), Cancelled 12-27 King City Council, Cancelled
LOCAL-STATE-FEDERAL BRIEFINGS:
12-1 Whitehouse Briefing, Zoom
12-8 Whitehouse Briefing, Zoom
12-15 Whitehouse Briefing, Zoom
12-19 District 3 Supervisor Lopez/Mayors Briefing, Zoom 12-22 Whitehouse Briefing, Zoom

ADDITIONAL MEETINGS/EVENTS
12-2 Meet with COL. Brown Congressional Liaison, City Hall 12-2 Christmas Parade, King City
12-6 Reading to San Lucas Students, San Lucas School
12-6 Building Back Business Luncheon, King City
12-6 Board of Supervisor Water Forum, Zoom
12-9 Grocery Outlet Demure Trial, Monterey
12-10 MCWRA General Manager Retirement Party, Laguna Seca 12-12 Monterey-Salinas Transit (MST) Inaugural Launch of New Bus Service, King City
12-14 City Hall Christmas Party, King City
12-16 Reading to San Lucas Students, San Lucas School
12-17 Wreaths Across America Ceremony, King City
12-21 104.3 SMG Radio Interview w/John Michael, Phone
7(A)
Not official minutes of the meeting.

RE D U C E R E U S E R E C Y C L E
“To manage Salinas Valley solid waste as a resource, promoting sustainable, environmentally sound and cost-effective practices through an integrated system of waste reduction, reuse, recycling, innovative technology, customer service, and education.”

BOARD OF DIRECTORS

M E E T I N G HI G H L I G H T S
November 17, 2022
Recycling Recognition
The following local businesses were recognized by the
Authority at the Board meeting for improving existing
recycling programs, continuing recycling education
to employees, and implementing food scraps
diversion programs. Thank you for diverting properly
and working towards a future without landfills!
❖ Constellation Brands in Gonzales & Soledad
❖ Carl’s Jr. in Soledad
❖ Mi Tierra in Salinas
Edible Food Recovery Grant Award for
Fiscal Year 2022-23
The second round of grant funds were awarded to
help expand capacity for our local Edible Food
Recovery Program. The pilot grant program awarded
five local non-profits with $20,000 each at the June
Board meeting. Similar to the pilot grant awards, the
applications for this second funding cycle were
scored based on various criteria including: a costeffective and reasonable budget, ability to serve more than one community, and percent of increased
capacity. Moving forward the grant funds will be
awarded on an annual basis and will continue to
total $100,000 (split between the Authority and
ReGen Monterey, each contributing $50K).

Congratulations to the following recipients:
❖ Salvation Army, Salinas awarded $14,500
❖ Salvation Army, Monterey County awarded
$20,000
❖ Salvation Army, Sand City awarded $16,850
❖ Boys & Girls Club, Monterey County awarded
$16,850
❖ St. George’s Episcopal Church, Salinas awarded
$20,000
AMERESCO Landfill Gas/Biogas Utilization
Proposal
A presentation was given to the Board on the
potential partnership and project opportunity with
Ameresco. Ameresco has partnered with the
Authority since 2009 in the purchase of Landfill Gas to generate electricity. Two years ago, Machado &
Sons, Inc. approached Ameresco with a partnership
proposal on a new project idea to convert
agricultural wastes and landfill gas to Renewable
Natural Gas. Sean Kilgrow with Machado & Sons, Inc.
detailed the process, the potential benefits,
development status, and the challenges of the
project.

Discussion Regarding Madison Lane
Transport Operation
A summarized history of the Transportation
Agreement signed between Republic Services of
Salinas and the Authority was provided to the Board.

The request to use a sub-hauler for transportation and
the denial response from Republic Services, the
concerns expressed in the response, and the reasons
for the Authority deeming the concerns not accurate
where detailed to the Board by staff and General
Legal Counsel.

Guidelines Related to Board Agendas and
Supporting Documentation
The Brown Act noticing and agenda posting
requirements, and the Authorities current process
were detailed to the Board.

Appointment of Nominating committee
for 2023 Election of Officers
With the year coming to an end the selection of the
Nominating Committee took place. The Board and
Nominating Committee is faced with a unique
situation as all three current officers have served twoyear terms and both the Vice President and Alternate Vice President were not re-elected for their
respective council seats. Past practice of the Board
has been to nominate a member of the Executive
Committee to be Board President.

To view the full meeting video, visit our YouTube Channel https://www.youtube.com/@svswa831.

FINANCIAL REPORT FOR MONTH ENDED SEPTEMBER 2022 (25.0% OF THE FISCAL YEAR) Revenue collected $ 6,445,449 (27.4% of Estimated Revenue of $23,271,850) Expenditures for operations $ 6,913,230 (33.2% of Operating Budget of $20,725,000) Cash balance $ 31,142,472
7(A)
Not official minutes of the meeting.
“Manejar los residuos sólidos del Valle de Salinas como un recurso, promocionando prácticas sostenibles y ecológicamente racionales y practicas costos eficaces a través de un sistema integrado de reducción, reutilización, reciclaje, tecnología innovadora, servicio al cliente y educación.”

R E D U C I R R E U T I L I Z A R R E C I C L A R

JUNTA DIRECTIVA

N O T A S DE S T A C A D A S
17 de noviembre 2022
(Agencia gubernamental de gestión de residuos sólidos)
Reconocimiento de Reciclaje
Las siguientes empresas locales fueron reconocidas por
la Agencia en la reunión del Consejo por mejorar los
programas de reciclaje existentes, continuar con la
educación sobre reciclaje para los empleados y
implementar programas de desvío de restos de comida.
¡Gracias por desviar correctamente y trabajar por un
futuro sin vertederos!
❖ Constellation Brands en Gonzales & Soledad
❖ Carl´s Jr. en Soledad
❖ Mi Tierra en Salinas
Subvención de Recuperación de Alimentos
Comestibles para el Año Fiscal 2022-23
La segunda ronda de fondos de la subvención se
otorgó para ayudar a expandir la capacidad de
nuestro Programa local de recuperación de alimentos
comestibles. El programa piloto de subvenciones otorgó
a cinco organizaciones sin fines de lucro locales $20,000 cada una en la reunión del Consejo de junio. De
manera similar a las adjudicaciones de subvenciones
piloto, las solicitudes para este segundo ciclo de
financiación se calificaron en función de varios criterios, entre ellos: un presupuesto beneficioso y razonable, la capacidad de servir a más de una comunidad y el
porcentaje de capacidad aumentada. En el futuro, los
fondos de la subvención se otorgarán anualmente y
seguirán sumando un total de $100,000 (divididos entre
la Autoridad y ReGen Monterey, cada uno de los cuales
contribuirá con $50,000). Felicidades a los siguientes
destinatarios:
❖ Salvation Army, Salinas recibió $14,500
❖ Salvation Army, Condado de Monterey recibió
$20,000
❖ Salvation Army, Sand City recibió $16,850
❖ Boys & Girls Club, Condado de Monterey recibió
$16,850
❖ Iglesia Episcopal de St. George, Salinas recibió
$20,000
Propuesta de Utilización de Biogás/Gas de Vertedero
de AMERESCO
Se hizo una presentación al Consejo de la potencial
asociación y oportunidad de proyecto con Ameresco.

Ameresco se ha asociado con la Autoridad desde 2009
en la compra de Gas del Relleno Sanitario para generar
electricidad. Hace dos años, Machado & Sons, Inc. se
acercó a Ameresco con una propuesta de sociedad
sobre una nueva idea de proyecto para convertir
desechos agrícolas y gas de vertedero en gas natural
renovable. Sean Kilgrow de Machado & Sons, Inc.
detalló el proceso, los beneficios potenciales, el estado de desarrollo y los desafíos del proyecto.

Discusión Sobre la Operación de Transporte de
Madison Lane
Se proporcionó al Consejo un historial resumido del
Acuerdo de Transporte firmado entre Republic Services
of Salinas y la Autoridad. La solicitud de utilizar un
subtransportista para el transporte y la respuesta de
denegación de Republic Services, las inquietudes
expresadas en la respuesta y las razones por las que la Agencia consideró que las inquietudes no son precisas
cuando el personal y el Asesor Jurídico General las
detallaron al Consejo.

Pautas Relacionadas con las Agendas del Consejo y la
Documentación de Respaldo
Los requisitos de notificación y publicación de la
agenda de la Ley Brown Act, y el proceso actual de las
Agencia fueron detallados al Consejo.

Nombramiento del Comité de Nominaciones para la
Elección de Funcionarios de 2023
Con el año llegando a su fin se llevó a cabo la selección del Comité de Nominaciones. El Consejo y el Comité de
Nominaciones se enfrentan a una situación especial ya
que los tres funcionarios actuales han servido términos de dos años y tanto la vicepresidenta como el
vicepresidente suplente no fueron reelegidos para sus
respectivos puestos en el consejo. La práctica anterior del Consejo ha sido nominar a un miembro del Comité
Ejecutivo para que sea el Presidente del Consejo.

Para ver el video completo de la reunión, visite nuestro canal de YouTube https://www.youtube.com/@svswa831.

INFORME FINANCIERO DEL MES FIN ALIZADO EN SEPTIEMBRE 2022 (25.0% DEL AÑ O FISCAL) Ingresos recaudados $ 6,445,449 (27.4% del Ingreso Estimado de $23,271,850) Gastos de operaciones $ 6,913,230 (33.2% del Presupuesto Operativo de $20,525,000) Saldo de caja $ 31,142,472
Item No. 9 (A)

REPORT TO THE CITY COUNCIL
DATE: DECEMBER 13, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF RESOLUTION 2022-4915 CANVASSING
AND DECLARING THE RESULT OF THE NOVEMBER 8, 2022

ELECTION
RECOMMENDATION:

It is recommended the City Council adopt Resolution No. 2022-4915, Canvassing and Declaring the Result of the Consolidated General Election held in the City of King on November 8, 2022.

BACKGROUND:

On November 8, 2022, a General Municipal Election was held in the City for the purpose of electing two City Council members The City’s election was consolidated with the Statewide General Election and conducted by the Monterey County Election Department. The County Election Department was responsible for canvassing all votes cast and certifying the election results.

DISCUSSION:

The number of total ballots cast for City Council was 420. Results of the election are as follows:

District 1
Darlene Acosta received 267 (100%) votes.

District 2
Michael LeBarre received 153 (100%) votes.

RESOLUTION NO. 2022-4915 1
RESOLUTION NO. 2022-4915

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING CANVASSING

AND DECLARING THE RESULT OF THE CONSOLIDATED
GENERAL ELECTION HELD IN THE CITY OF KING ON NOVEMBER 8, 2022 WHEREAS, on Tuesday, the 8
th day of November 2022, a presidential general election was held in the City of King in accordance with law, and the votes were received and canvassed, and the results thereof were ascertained, determined and declared in all respects as required by law;
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of King, as follows:

1. That the total number of votes cast for election to the City Council in District 1 was 267 and District 2 was 153; and

2. That the following persons received the following votes for the office of City Councilmembers:

Darlene Acosta (District 1) 267
Michael LeBarre (District 2) 153

3. That the following persons were each elected to serve a term of four years:

Darlene Acosta
Michael LeBarre

4. That the number of votes given at each precinct to each person is set forth in the Final Official Report hereunto attached, marked “Exhibit A”, and by reference made a part hereof; and
PASSED AND ADOPTED by the City Council of the City of King at a regular meeting duly held on the 13th day of December 2022, by the following vote:

AYES, and in favor thereof, Councilmembers:

NAYS, Councilmembers:

ABSENT, Councilmembers:

ABSTAINING, Councilmembers:

Mike LeBarre, Mayor
RESOLUTION NO. 2022-4915 2
ATTEST:

Erica Sonne, City Clerk of the City of King
APPROVED AS TO FORM:

Roy Santos, City Attorney

City Council Meeting
November 22, 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, Rob Cullen Mayor Pro Tem Carlos Victoria.

Council member Darlene Acosta, (Teleconference).

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

3.__FLAG SALUTE:

The flag salute was led by Mayor LeBarre.

4. CLOSED SESSION ANNOUNCEMENTS:

None

5.__PRESENTATIONS:

None

6. PUBLIC COMMUNICATIONS:

None

7. COUNCIL COMMUNICATIONS:

Council Member Cullen thanked Mayor LeBarre for coming to the last Rotary meeting with Col. Lamb from Hunter Liggett.

Mayor Pro Tem Victoria stated he had nothing to report tonight.

Council Member DeLeon had nothing to report out tonight.

Mayor LeBarre stated that the MOU for Camp Roberts is signed and will be a great benefit. Chief Boyd was chosen as undersheriff for Monterey County Sheriff’s. It is sad we are loosing him but it will benefit Monterey County.

8. CITY STAFF REPORTS AND COMMENTS:

City Manager Steve Adams had nothing to report.

City Attorney Roy Santos had nothing to report.

9. CONSENT AGENDA
A. Consideration: Meeting Minutes of November 8, 2022, Council Meeting B. Consideration: City of King Check Register November 1, through November 15, 2022 C. Consideration: Successor Agency Check Register November 1, through November 15, 2022 10(A)

D. 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
E. Consideration: Contract Services Agreement for Building Inspection, Plan Review and Parcel Map Review Services
Action: Motion to approve consent agenda items A—E by and Cullen seconded by Victoria.

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

ABSENT: Council Members:

ABSTAIN: Council Members:

10. PUBLIC HEARINGS:

None

11. REGULAR BUSINESS:

A. Consideration: Mills Ranch Phase 2B Subdivision Final Tract Map Conformance and Acceptance of Streets and Easements
Community Development Director Liberto introduced this item.

Action: Motion to 1) affirm the action of the Planning Commission of November 15. 2022 determining that the Mills Ranch Phase 2B Subdivision Final Map is in substantial conformance with the approved Vesting Tentative Map; 2) authorize and direct the Planning Commission Secretary to certify the Final Tract Map as in substantial conformance with the approved Vesting Tentative Map; 3) authorize the City Engineer to execute the Mills Ranch Phase 2B Subdivision Final Map and 4) accept on behalf of the public the streets and easements offered for dedication by and Victoria seconded by DeLeon.

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

ABSENT: Council Members:

ABSTAIN: Council Members:

12. CITY COUNCIL CLOSED SESSION
None
ADJOURNMENT:

Mayor LeBarre adjourned the meeting at 6:07p.m. on a motion by Victoria and a second by DeLeon.

Motion carried 5-0.

Approved Signatures:

Mayor, Michael LeBarre City Clerk, Erica Sonne
City of King City of King
Item No. 10(B)

REPORT TO THE CITY COUNCIL
DATE: DECEMBER 13, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER
NOVEMBER 16 THROUGH NOVEMBER 30, 2022
RECOMMENDATION:

It is recommended City Council receive and file.

BACKGROUND:

At least once a month, the City Treasurer shall submit to the City Council, a copy of the invoices paid for the previous month.

DISCUSSION:

The purpose of this item is to provide the Council an opportunity to review and monitor ongoing expenditures. These documents are attached.

COST ANALYSIS:

There is no fiscal impact as a result of this action.

ENVIRONMENTAL REVIEW:

No Environmental Review required for this item.

ALTERNATIVES:

The following alternatives are provided for Council consideration:

1. Receive and file the report; or

2. Provide other direction to staff regarding requests for additional information.

Item No. 10(C)

REPORT TO THE CITY COUNCIL
DATE: DECEMBER 13, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING KCCP PAYMENTS FOR
THE MONTH OF OCTOBER 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.

Exhibit 1
Item No. 10 (D)

REPORT TO THE CITY COUNCIL
DATE: DECEMBER 13, 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
DECEMBER 13, 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
DECEMBER 13, 2022
PAGE 3 OF 4
The findings were last approved by the City Council at the November 22, 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) January 12, 2023, 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 13th day of December, 2022 by the following vote:

AYES, Council Members:

NAYS, Council Members:

ABSENT, Council Members:

ABSTAIN, Council Members:

APPROVED:
_______________________________
Mike LeBarre, Mayor
ATTEST:
___________________________________
Erica Sonne, City Clerk
APPROVED AS TO FORM:
____________________________________
Roy Santos, City Attorney
I, ________________________, City Clerk of the City of King, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of King on the date and by the vote indicated herein.

Item No. 10 (E)

REPORT TO THE CITY COUNCIL
DATE: DECEMBER 13, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF STATE WATER RESOURCES CONTROL

BOARD FINANCIAL ASSISTANCE APPLICATION AND

AGREEMENT AUTHORIZING RESOLUTION
RECOMMENDATION:

It is recommended the City Council adopt a Resolution authorizing the City Manager to submit an application, negotiate and enter into an agreement with the State Water Resources Control Board for financial assistance for construction of the new wastewater treatment plant project and recycled water project.

BACKGROUND:

At the September 12, 2017 meeting, the City Council approved a Wastewater Treatment Facilities Plan prepared by Carollo Engineers, Inc. to replace and upgrade the City’s wastewater treatment plant (WWTP). Upgrade of the plant was determined to be required in order to meet State standards and to accommodate future capacity needs. The primary requirement involves upgrading the plant to provide “secondary” treatment. An option was included in the plan to construct an additional upgrade to provide “tertiary” treatment in order to generate recycled water for reuse. The City Council also later approved contracting with Carollo Engineers, Inc. under a joint agreement with Cal Water for preparation of a Recycled Water Feasibility Study. The majority of costs of the study were funded through a State grant.

In September 2021, the California Regional Water Quality Control Board, Central Coast Region (Regional Board), adopted a new General Order regulating municipal wastewater treatment facilities of 100,000 gallon per day capacity and larger, which has made upgrade of the City’s WWTP even more urgent. As part of this General Order, new more stringent effluent limitations are required to be met consistent with the Regional Board’s Basin Plan Objectives for protection of

CITY COUNCIL

CONSIDERATION OF STATE WATER RESOURCES CONTROL BOARD

FINANCIAL ASSISTANCE APPLICATION AND AGREEMENT AUTHORIZING

RESOLUTION
DECEMBER 13, 2022
PAGE 2 OF 3
water quality. The City’s existing WWTP is a pond system and is not capable of achieving nitrogen removal as required in the General Permit.

At the July 12, 2022 meeting, the City Council awarded a contract to Carollo Engineers, Inc. for design of the new WWTP project. Design and environmental review are now under way. Carollo Engineers and City staff are also concurrently working on development of funding strategies and pursuing grant opportunities.

DISCUSSION:

The WWTP project will be the highest cost project in the City’s history, and cost projections have been increasing significantly due to the cost for supplies and materials and escalating inflation. Therefore, significant grant funding will be critical for the project to be financially feasible. The City has submitted preliminary information to the State Water Resources Control Board for consideration of financial assistance for the project. Due to an increase in State funding available for wastewater and water projects and the City’s status as a disadvantaged community, staff has received initial feedback that it could be eligible for financial assistance of up to 100% of the project costs.

Therefore, staff is working with the consultants to move forward with project planning as quickly as possible to obtain potential funding while it is still available. This will involved steps to complete the environmental review process, proceed with design, prepare updated cost estimates, and prepare a plan to show how the City will fund ongoing maintenance if the project is funded and constructed. The funding request will include costs for the secondary treatment, tertiary treatment, installation of additional recycled water distribution lines, and other associated costs for the full project.

The first step in the process necessary to submit a financial assistance application is to adopt an Authorizing Resolution. The Resolution will authorize the City Manager to submit the application, negotiate the grant, and enter into an agreement for the funding with the State Water Resources Control Board.

COST ANALYSIS:

The City’s consultants are currently updating cost estimates for the project.

Based on prior projections, the funding request will likely be in the range of $90 million. While the Resolution authorizes the City Manager to enter into the Agreement for purposes of complying with the application process, staff will

Financial Assistance Application
(Rev. 12/2019)

Clean Water State Revolving Fund
Water Recycling Funding Program

AUTHORIZING RESOLUTION/ORDINANCE
RESOLUTION NO: 2 0 2 2 - 4 9 1 7

WHEREAS THE CITY OF KING DESIRES TO APPLY FOR FUNDING FOR THE KING CITY WASTEWATER

TREATMENT PLANT AND RECYCLED WATER PROJECT
(insert appropriate findings)

RESOLVED BY THE CITY COUNCIL OF THE
(insert name of Governing Board of the Entity)
CITY OF KING (the “Entity”), AS FOLLOWS:
(insert Entity name)
The CITY MANAGER (the “Authorized Representative”) or designee is (insert Title of Authorized Representative)
hereby authorized and directed to sign and file, for and on behalf of the Entity, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of KING CITY WASTEWATER TREATMENT PLANT AND RECYCLED WATER PROJECT (the “Project”). (insert Project Name)
This Authorized Representative, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.

The Authorized Representative, or his/her designee, is designated to represent the Entity in carrying out the Entity’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the Entity and compliance with applicable state and federal laws.

CERTIFICATION
I do hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the CITY COUNCIL OF THE CITY OF KING held (insert name of Governing Board of the Entity)
on DECEMBER 13, 2022 .
(Date)
(Name, Signature, and Seal of the Clerk or Authorized Record Keeper of the Governing Board of the Agency) This resolution was passed and adopted this 13th day of December, 2022 by the following vote:

AYES, Council Members:

NAYS, Council Members:

ABSENT, Council Members:

ABSTAIN, Council Members:

Financial Assistance Application
(Rev. 12/2019)

Clean Water State Revolving Fund
Water Recycling Funding Program
APPROVED:
______________________________
Mike LeBarre, Mayor
ATTEST:
__________________________________
Erica Sonne, City Clerk
APPROVED AS TO FORM:
__________________________________
Roy Santos, City Attorney
Item No. 10 (F)

REPORT TO THE CITY COUNCIL
DATE: DECEMBER 13, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF ADJUSTMENTS TO FY 2022-23 JOB

CLASSIFICATION PLAN
RECOMMENDATION:

It is recommended the City Council adopt a Resolution amending the FY 2022-23 Job Classification Plan to implement recommended pay increases for selected part-time positions to address compliance with new State of California minimum wage requirements.

BACKGROUND:

The City maintains a Job Classification Plan that sets forth all existing job classifications and salary ranges. It is also a requirement of CalPERS that the City Council adopt the City’s Salary Classification Plan on an annual basis.

On January 1, 2023, State law increased the minimum wage to $15.50 per hour for employers with 26 or more employees. As a result, it is necessary to make adjustments to some of the City’s part-time hourly pay rates. A Resolution and updated Job Classification Plan are attached for Council consideration.

DISCUSSION:

Due to an increase in the minimum wage, it is necessary to increase the pay rate for some of the City’s part-time positions in Recreation that are currently set at the 2022 minimum wage. A 3% increase is proposed for 3 part-time Recreation Department positions – Aquatic Aide, Pool Cashier, and Recreation Aide – with base wages that would fall below the new State minimum wage law. Similar increases are proposed to other positions in the series of part-time Recreation Department positions to avoid compaction and to maintain pay rates competitive with other jurisdictions. These

RESOLUTION NO. ________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING
AMENDING THE CLASSIFICATION PLAN FOR FY 2022-23
WHEREAS, the City of King maintains job descriptions for each position and a Classification Plan that sets forth all existing job classifications and salary steps; and WHEREAS, adoption of an annual Classification Plan is required by CalPERS; and WHEREAS, the City Council desires to make changes to the pay rates for selected parttime positions to comply with the State of California increase in the minimum wage, to avoid compaction issues in pay rates between positions that have a supervisory relationship, and to maintain competitive pay rates to hire and maintain professional and competent staff.

NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of King approves amendments to the FY 2022-23 Classification Plan as set forth in Exhibit A.

This resolution was passed and adopted this 13
th day of December, 2022 by the following vote:

AYES, Council Members:

NAYS, Council Members:

ABSENT, Council Members:

ABSTAIN, Council Members:

APPROVED:

Mike LeBarre, Mayor
ATTEST:

Erica Sonne, City Clerk
APPROVED AS TO FORM:

Roy Santos, City Attorney

Item No. 10 (G)

REPORT TO THE CITY COUNCIL
DATE: DECEMBER 13, 2022

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: KEITH BOYD, CHIEF OF POLICE
RE: CONSIDERATION OF AUTHORIZATION TO ENTER INTO 10-
YEAR AGREEMENT WITH AXON ENTERPRISES, INC. FOR

LAW ENFORCEMENT SMALL UNMANNED AERIAL SYSTEMS

AND INTERVIEW ROOM SERVICES
RECOMMENDATION:

It is recommended that the City Council authorize the City Manager to execute a 10-year agreement in a form approved by the City Attorney for law enforcement small unmanned aerial systems and interview room services with AXON Enterprises.

BACKGROUND:

In December 2021, the City Council authorized the Police Department to enter into a 10-year agreement with AXON Enterprises, Inc. for comprehensive technology programs to create operational efficiency while leveraging costs for long term savings. Two components of the overall system, small unmanned aerial systems and interview room monitoring, were not included in the proposed contract at that time to ensure Police Department staff were able to implement the other components first. Over the past year, the Police Department conducted a review of operations to assess future needs related to its Small Unmanned Aerial System (sUAS) drone program and its interview room monitoring capabilities. A key factor of the review was the ability to create cost savings and increased efficiencies through inter-operable systems.

The review found:
 In December 2021, the Police Department sUAS program did not exist.

Since that time, the Police Department created a sUAS program with five staff members obtaining their Federal Aviation Administration 107 sUAS pilot’s licenses while purchasing two Skydio drones allowing for day or night deployments. Over the past year the program has flown approximately 50 missions for events such as wildland fires, crime scene

CITY COUNCIL
CONSIDERATION OF AUTHORIZATION TO ENTER INTO 10-YEAR
AGREEMENT WITH AXON ENTERPRISES, INC. FOR LAW ENFORCEMENT

SMALL UNMANNED AERIAL SYSTEMS AND INTERVIEW ROOM SERVICES DECEMBER 13, 2022
PAGE 2 OF 5
investigations, perimeter searches for at-large suspects, and 4th of July fireworks enforcement.
 The current interview room at the Police Department lacks fixed audio and video recording capability. In addition, audio recordings captured using portable devices were inconsistent due to the lack of sound proofing and acoustics in the room. Police Department personnel utilizing the interview room have been forced to use body worn cameras placed on a table in the room to conduct audio video recordings. In doing so, personnel had to expose themselves to risks as a suspect could use the camera to harm an officer.
 The Police Department has invested heavily with respect to records management, body worn cameras, drone technology, use of force, crisis intervention, and de-escalation training to meet ever changing legal mandates. The Police Department actively monitors trends impacting law enforcement throughout the country in an effort to predict future mandates they may encounter. The integration of small unmanned aerial technology and interview room services would continue this investment into modernizing and professionalizing the department.

DISCUSSION:

Law enforcement technology is advancing at a rapid pace while at the same time mandates created by legislative bodies and the expectations of the public are growing. As the Police Department looks to the future, staff continually look for ways to create operational efficiencies, create long term cost savings/controls for the City, and continue to establish and expand on ways to increase transparency and build public trust. Currently, the Police Department has a long-term agreement in place with AXON Enterprises, Inc. initiated in December 2021. It has created significant operational efficiency through the interoperability of technology services and has placed the department on the forefront of technology in Monterey County. As the Police Department continued its ongoing operational review it found its sUAS program and interview room capabilities were lacking.

Although the Police Department has invested in two drones over the past year to launch its sUAS program and had success through the use of its drones, the program’s operational efficiency is challenged due to the Skydio drones being stand-alone technology not integrated with the existing AXON program other than through the manual downloading of data from the drones and the subsequent manual uploading of the data into our AXON system.

CITY COUNCIL
CONSIDERATION OF AUTHORIZATION TO ENTER INTO 10-YEAR
AGREEMENT WITH AXON ENTERPRISES, INC. FOR LAW ENFORCEMENT

SMALL UNMANNED AERIAL SYSTEMS AND INTERVIEW ROOM SERVICES DECEMBER 13, 2022
PAGE 3 OF 5
Currently, the Police Department possesses one Skydio 2+ and one Skydio X2 drone. Each drone has varying operational flight capabilities through a pay for feature service. Each drone requires the use of the Skydio Autonomy Enterprise feature at an annual cost of $750 for the S2+ and $1,999 for the X2. In addition, each drone has the capability to perform 3D mapping scans which can be used not only for crime or collision scene documentation, but also to assist other City departments. The annual cost to enable the 3D scan feature in the S2+ is $2,999 and $4,199 for the X2 bringing the current combined operational costs for the Police Department’s sUAS program to $9,947 per year. Since the Police Department does not have a long-term contract in place with Skydio, that cost is expected to increase in the future.

The Police Department has determined the ability to integrate the existing Skydio drones into the current AXON program exists and would create increased operational efficiencies with expanded services to the benefit of the department.

The City would have the ability to track the use of the drones, their flight hours, their maintenance, and our annual reporting requirements through the AXON technology instead of manually as it is done now. In addition, currently when a drone is in flight, only the pilot can view what is being captured by the drone and then the pilot has to relay that information to other officers for actionable intelligence. By utilizing AXON Air, we would be able to live stream drone video to all staff through our existing AXON Respond feature in the same manner we now live stream body worn cameras.

In assessing the Police Department interview room capabilities, it was determined our ability to use a fixed audio and video recording system did not exist and that the acoustics of the room itself hindered the quality of recordings using portable recording devices. Over the past three months staff has purchased and installed sound proofing tiles in the interview which has made a difference in the quality of the audio recorded from the room. A long-term solution is needed for audio/video recording and staff has determined the AXON Interview service can seamlessly be integrated with our existing AXON program.

The following is a summary of each system incorporated in this proposal:
 AXON Air
Axon Air is an end-to-end drone solution. It delivers secure wireless livestreaming to provide critical situational awareness, improving outcomes for public safety and communities. Integrated evidence management and program management offers operational efficiency across the agency. Wireless livestreaming to Axon Respond enables

CITY COUNCIL
CONSIDERATION OF AUTHORIZATION TO ENTER INTO 10-YEAR
AGREEMENT WITH AXON ENTERPRISES, INC. FOR LAW ENFORCEMENT

SMALL UNMANNED AERIAL SYSTEMS AND INTERVIEW ROOM SERVICES DECEMBER 13, 2022
PAGE 4 OF 5
effective decision making, improved de-escalation practices, and better outcomes for officers and the community. Seamless integration with Axon Evidence ensures integrity and availability throughout the chain of command. Easily manage pilots, flight logs, data and hardware to build a more accountable, transparent drone program.
 AXON Interview
AXON Interview features a 24/7 buffer that can store weeks of continuous video and audio to local storage. You can bookmark, annotate, and comment on footage in real time. It is a cloud-based system that streamlines the interview process. The easy functionality and simplified user interface allow staff to simplify the interview process. Confidence in recordings is not sacrificed and allows for a complete chain of custody with audio and video ensuring defensible evidence. Recordings are integrated with the AXON network and its industry leading security program.

The 10-year agreement for AXON Air and Interview is recommended for increased long-term savings. An AXON Air 10-year agreement allows the City to maintain a fixed price $11,726 per year for the term of the agreement. Although this is a $1,779 initial annual increase compared to the current fees charged by Skydio, it locks the costs in for 10-years.

A $47,044 10-year agreement is also recommended for AXON Interview City to maintain an average fixed price of $4,704 per year for the term of the agreement.

With AXON Interview the Police Department will receive a fixed high-resolution camera with audio and video recording capability, a tablet for controlled access of the interview room, continual recording of the interview room 24 hours per day year-round, a server for temporary data storage prior to data uploading to our existing AXON system, unlimited data storage, installation of the equipment and training for staff. In addition, staff based on security profiles will have the ability to monitor live streaming of interviews and provide notes into the video file or feedback to the interviewer in a manner not capable at this time.

COST ANALYSIS:

Costs for AXON Air and Interview would total $16,430 annually. Approximately $10,000 is already utilized annually by the Police Department within its budget for annual drone services. In addition, the Police Department recommends reducing costs by $2,500 annually by terminating its call for service community survey monitoring contract due to the low response return rate. The remaining $3,983 to

CITY COUNCIL
CONSIDERATION OF AUTHORIZATION TO ENTER INTO 10-YEAR
AGREEMENT WITH AXON ENTERPRISES, INC. FOR LAW ENFORCEMENT

SMALL UNMANNED AERIAL SYSTEMS AND INTERVIEW ROOM SERVICES DECEMBER 13, 2022
PAGE 5 OF 5
fund this agreement exists within the Police Department budget and no additional funding would be requested for this agreement.

ENVIRONMENTAL REVIEW:

The contract is not considered a “project” for the purposes of the California Environmental Quality Act (CEQA). Therefore, the change does not have the potential for resulting in either a direct physical change to the environment or a reasonably foreseeable indirect physical change in the environment. No further action is required under CEQA for City Council action.

ALTERNATIVES:

The following alternatives have been identified for City Council consideration:

1. Approve staff’s recommendations.

2. Direct staff to identify other options for a sUAS and Interview Room systems.

3. Postpone the decision and request additional information; or

4. Provide staff other direction.

Exhibits:

1. AXON Enterprise, Inc. AXON AIR 10 Year Quote #Q-434317— 44896.022TS

2. AXON Enterprise, Inc. AXON Interview 10 Year Quote #Q-436056- 44894.896DB
Submitted by: _____________________________________
Keith Boyd, Chief of Police
Approved by: _____________________________________
Steven Adams, City Manager

Q-434317-44896.022TS
Issued: 11/30/2022
Quote Expiration: 12/15/2022
Estimated Contract Start Date: 12/15/2022
Account Number: 133264
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
415 Bassett St King City Police Dept. - CA Tamiko Sianen Keith Boyd 415 Bassett St 415 Bassett St Phone: +16285027875 Phone: (831) 385-4848 King City, CA 93930-2988 King City, CA 93930-2988 Email: [email protected] Email: [email protected] USA USA Fax: Fax: (831) 385-4976
Email:

Quote Summary Discount Summary
Program Length 120 Months Average Savings Per Year ($2,336.68) TOTAL COST $117,258.33
ESTIMATED TOTAL W/ TAX $117,258.33 TOTAL SAVINGS ($23,366.77) Payment Summary
Date Subtotal Tax Total
Nov 2022 $11,725.85 $0.00 $11,725.85
Nov 2023 $11,725.85 $0.00 $11,725.85
Nov 2024 $11,725.85 $0.00 $11,725.85
Nov 2025 $11,725.85 $0.00 $11,725.85
Nov 2026 $11,725.85 $0.00 $11,725.85
Nov 2027 $11,725.85 $0.00 $11,725.85
Nov 2028 $11,725.85 $0.00 $11,725.85
Nov 2029 $11,725.85 $0.00 $11,725.85
Nov 2030 $11,725.85 $0.00 $11,725.85
Nov 2031 $11,725.68 $0.00 $11,725.68
Total $117,258.33 $0.00 $117,258.33
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
Exhibit 1

Quote Unbundled Price: $93,891.56
Quote List Price: $93,891.56
Quote Subtotal: $117,258.33
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total A la Carte Hardware
12230 AXON AIR, SKYDIO AUTONOMY ENTERPRISE FOR
X2E (1YR TERM) 1 56 $166.58 $154.92 $8,675.49 $0.00 $8,675.49 A la Carte Software
100112 AXON AIR, E.COM PILOT DATA LIC 5 120 $30.00 $27.90 $16,740.00 $0.00 $16,740.00 100551 AXON AIR, PROGRAM MANAGEMENT FOR SKYDIO
DRONES 2 120 $0.00 $0.00 $0.00 $0.00 $0.00
100464 AXON AIR, SKYDIO AUTONOMY ENTERPRISE FOR
S2+ 1 60 $62.41 $59.29 $3,557.37 $0.00 $3,557.37
12232 AXON AIR, SKYDIO 3D SCAN FOR X2E 1 60 $349.91 $332.41 $19,944.87 $0.00 $19,944.87 100447 AXON AIR, SKDYIO CONNECT LICENSE WITH 3D
SCAN SUPPORT 1 60 $208.25 $193.67 $11,620.35 $0.00 $11,620.35 100580 AXON AIR, UAS LICENSE (CLASS 2) 1 60 $216.67 $586.54 $35,192.16 $0.00 $35,192.16 100579 AXON AIR, UAS LICENSE (CLASS 1) 1 60 $116.67 $214.21 $12,852.60 $0.00 $12,852.60 12234 AXON AIR, SKYDIO CONNECT LICENSE 1 56 $166.58 $154.92 $8,675.49 $0.00 $8,675.49 Total $117,258.33 $0.00 $117,258.33

Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
A la Carte 12230 AXON AIR, SKYDIO AUTONOMY ENTERPRISE FOR X2E (1YR TERM) 1 03/15/2023 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 100112 AXON AIR, E.COM PILOT DATA LIC 5 12/15/2022 12/14/2032 A la Carte 100447 AXON AIR, SKDYIO CONNECT LICENSE WITH 3D SCAN SUPPORT 1 12/15/2022 12/14/2027
A la Carte 100464 AXON AIR, SKYDIO AUTONOMY ENTERPRISE FOR S2+ 1 12/15/2022 12/14/2027 A la Carte 100551 AXON AIR, PROGRAM MANAGEMENT FOR SKYDIO DRONES 2 12/15/2022 12/14/2032 A la Carte 12232 AXON AIR, SKYDIO 3D SCAN FOR X2E 1 12/15/2022 12/14/2027 A la Carte 12234 AXON AIR, SKYDIO CONNECT LICENSE 1 04/15/2023 12/14/2027 A la Carte 100579 AXON AIR, UAS LICENSE (CLASS 1) 1 12/15/2027 12/14/2032 A la Carte 100580 AXON AIR, UAS LICENSE (CLASS 2) 1 12/15/2027 12/14/2032

Payment Details
Nov 2022
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 100112 AXON AIR, E.COM PILOT DATA LIC 5 $1,674.00 $0.00 $1,674.00 Year 1 100447 AXON AIR, SKDYIO CONNECT LICENSE WITH 3D SCAN SUPPORT 1 $1,162.04 $0.00 $1,162.04 Year 1 100464 AXON AIR, SKYDIO AUTONOMY ENTERPRISE FOR S2+ 1 $355.74 $0.00 $355.74 Year 1 100551 AXON AIR, PROGRAM MANAGEMENT FOR SKYDIO DRONES 2 $0.00 $0.00 $0.00 Year 1 100579 AXON AIR, UAS LICENSE (CLASS 1) 1 $1,285.26 $0.00 $1,285.26 Year 1 100580 AXON AIR, UAS LICENSE (CLASS 2) 1 $3,519.22 $0.00 $3,519.22 Year 1 12230 AXON AIR, SKYDIO AUTONOMY ENTERPRISE FOR X2E (1YR TERM) 1 $867.55 $0.00 $867.55 Year 1 12232 AXON AIR, SKYDIO 3D SCAN FOR X2E 1 $1,994.49 $0.00 $1,994.49 Year 1 12234 AXON AIR, SKYDIO CONNECT LICENSE 1 $867.55 $0.00 $867.55 Total $11,725.85 $0.00 $11,725.85
Nov 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 100112 AXON AIR, E.COM PILOT DATA LIC 5 $1,674.00 $0.00 $1,674.00 Year 2 100447 AXON AIR, SKDYIO CONNECT LICENSE WITH 3D SCAN SUPPORT 1 $1,162.04 $0.00 $1,162.04 Year 2 100464 AXON AIR, SKYDIO AUTONOMY ENTERPRISE FOR S2+ 1 $355.74 $0.00 $355.74 Year 2 100551 AXON AIR, PROGRAM MANAGEMENT FOR SKYDIO DRONES 2 $0.00 $0.00 $0.00 Year 2 100579 AXON AIR, UAS LICENSE (CLASS 1) 1 $1,285.26 $0.00 $1,285.26 Year 2 100580 AXON AIR, UAS LICENSE (CLASS 2) 1 $3,519.22 $0.00 $3,519.22 Year 2 12230 AXON AIR, SKYDIO AUTONOMY ENTERPRISE FOR X2E (1YR TERM) 1 $867.55 $0.00 $867.55 Year 2 12232 AXON AIR, SKYDIO 3D SCAN FOR X2E 1 $1,994.49 $0.00 $1,994.49 Year 2 12234 AXON AIR, SKYDIO CONNECT LICENSE 1 $867.55 $0.00 $867.55 Total $11,725.85 $0.00 $11,725.85
Nov 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 100112 AXON AIR, E.COM PILOT DATA LIC 5 $1,674.00 $0.00 $1,674.00 Year 3 100447 AXON AIR, SKDYIO CONNECT LICENSE WITH 3D SCAN SUPPORT 1 $1,162.04 $0.00 $1,162.04 Year 3 100464 AXON AIR, SKYDIO AUTONOMY ENTERPRISE FOR S2+ 1 $355.74 $0.00 $355.74 Year 3 100551 AXON AIR, PROGRAM MANAGEMENT FOR SKYDIO DRONES 2 $0.00 $0.00 $0.00 Year 3 100579 AXON AIR, UAS LICENSE (CLASS 1) 1 $1,285.26 $0.00 $1,285.26 Year 3 100580 AXON AIR, UAS LICENSE (CLASS 2) 1 $3,519.22 $0.00 $3,519.22 Year 3 12230 AXON AIR, SKYDIO AUTONOMY ENTERPRISE FOR X2E (1YR TERM) 1 $867.55 $0.00 $867.55 Year 3 12232 AXON AIR, SKYDIO 3D SCAN FOR X2E 1 $1,994.49 $0.00 $1,994.49 Year 3 12234 AXON AIR, SKYDIO CONNECT LICENSE 1 $867.55 $0.00 $867.55 Total $11,725.85 $0.00 $11,725.85
Nov 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 100112 AXON AIR, E.COM PILOT DATA LIC 5 $1,674.00 $0.00 $1,674.00 Year 4 100447 AXON AIR, SKDYIO CONNECT LICENSE WITH 3D SCAN SUPPORT 1 $1,162.04 $0.00 $1,162.04

Nov 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 100464 AXON AIR, SKYDIO AUTONOMY ENTERPRISE FOR S2+ 1 $355.74 $0.00 $355.74 Year 4 100551 AXON AIR, PROGRAM MANAGEMENT FOR SKYDIO DRONES 2 $0.00 $0.00 $0.00 Year 4 100579 AXON AIR, UAS LICENSE (CLASS 1) 1 $1,285.26 $0.00 $1,285.26 Year 4 100580 AXON AIR, UAS LICENSE (CLASS 2) 1 $3,519.22 $0.00 $3,519.22 Year 4 12230 AXON AIR, SKYDIO AUTONOMY ENTERPRISE FOR X2E (1YR TERM) 1 $867.55 $0.00 $867.55 Year 4 12232 AXON AIR, SKYDIO 3D SCAN FOR X2E 1 $1,994.49 $0.00 $1,994.49 Year 4 12234 AXON AIR, SKYDIO CONNECT LICENSE 1 $867.55 $0.00 $867.55 Total $11,725.85 $0.00 $11,725.85
Nov 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 100112 AXON AIR, E.COM PILOT DATA LIC 5 $1,674.00 $0.00 $1,674.00 Year 5 100447 AXON AIR, SKDYIO CONNECT LICENSE WITH 3D SCAN SUPPORT 1 $1,162.04 $0.00 $1,162.04 Year 5 100464 AXON AIR, SKYDIO AUTONOMY ENTERPRISE FOR S2+ 1 $355.74 $0.00 $355.74 Year 5 100551 AXON AIR, PROGRAM MANAGEMENT FOR SKYDIO DRONES 2 $0.00 $0.00 $0.00 Year 5 100579 AXON AIR, UAS LICENSE (CLASS 1) 1 $1,285.26 $0.00 $1,285.26 Year 5 100580 AXON AIR, UAS LICENSE (CLASS 2) 1 $3,519.22 $0.00 $3,519.22 Year 5 12230 AXON AIR, SKYDIO AUTONOMY ENTERPRISE FOR X2E (1YR TERM) 1 $867.55 $0.00 $867.55 Year 5 12232 AXON AIR, SKYDIO 3D SCAN FOR X2E 1 $1,994.49 $0.00 $1,994.49 Year 5 12234 AXON AIR, SKYDIO CONNECT LICENSE 1 $867.55 $0.00 $867.55 Total $11,725.85 $0.00 $11,725.85
Nov 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 6 100112 AXON AIR, E.COM PILOT DATA LIC 5 $1,674.00 $0.00 $1,674.00 Year 6 100447 AXON AIR, SKDYIO CONNECT LICENSE WITH 3D SCAN SUPPORT 1 $1,162.04 $0.00 $1,162.04 Year 6 100464 AXON AIR, SKYDIO AUTONOMY ENTERPRISE FOR S2+ 1 $355.74 $0.00 $355.74 Year 6 100551 AXON AIR, PROGRAM MANAGEMENT FOR SKYDIO DRONES 2 $0.00 $0.00 $0.00 Year 6 100579 AXON AIR, UAS LICENSE (CLASS 1) 1 $1,285.26 $0.00 $1,285.26 Year 6 100580 AXON AIR, UAS LICENSE (CLASS 2) 1 $3,519.22 $0.00 $3,519.22 Year 6 12230 AXON AIR, SKYDIO AUTONOMY ENTERPRISE FOR X2E (1YR TERM) 1 $867.55 $0.00 $867.55 Year 6 12232 AXON AIR, SKYDIO 3D SCAN FOR X2E 1 $1,994.49 $0.00 $1,994.49 Year 6 12234 AXON AIR, SKYDIO CONNECT LICENSE 1 $867.55 $0.00 $867.55 Total $11,725.85 $0.00 $11,725.85
Nov 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 7 100112 AXON AIR, E.COM PILOT DATA LIC 5 $1,674.00 $0.00 $1,674.00 Year 7 100447 AXON AIR, SKDYIO CONNECT LICENSE WITH 3D SCAN SUPPORT 1 $1,162.04 $0.00 $1,162.04 Year 7 100464 AXON AIR, SKYDIO AUTONOMY ENTERPRISE FOR S2+ 1 $355.74 $0.00 $355.74 Year 7 100551 AXON AIR, PROGRAM MANAGEMENT FOR SKYDIO DRONES 2 $0.00 $0.00 $0.00 Year 7 100579 AXON AIR, UAS LICENSE (CLASS 1) 1 $1,285.26 $0.00 $1,285.26 Year 7 100580 AXON AIR, UAS LICENSE (CLASS 2) 1 $3,519.22 $0.00 $3,519.22 Year 7 12230 AXON AIR, SKYDIO AUTONOMY ENTERPRISE FOR X2E (1YR TERM) 1 $867.55 $0.00 $867.55 Year 7 12232 AXON AIR, SKYDIO 3D SCAN FOR X2E 1 $1,994.49 $0.00 $1,994.49

Nov 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 7 12234 AXON AIR, SKYDIO CONNECT LICENSE 1 $867.55 $0.00 $867.55 Total $11,725.85 $0.00 $11,725.85
Nov 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Year 8 100112 AXON AIR, E.COM PILOT DATA LIC 5 $1,674.00 $0.00 $1,674.00 Year 8 100447 AXON AIR, SKDYIO CONNECT LICENSE WITH 3D SCAN SUPPORT 1 $1,162.04 $0.00 $1,162.04 Year 8 100464 AXON AIR, SKYDIO AUTONOMY ENTERPRISE FOR S2+ 1 $355.74 $0.00 $355.74 Year 8 100551 AXON AIR, PROGRAM MANAGEMENT FOR SKYDIO DRONES 2 $0.00 $0.00 $0.00 Year 8 100579 AXON AIR, UAS LICENSE (CLASS 1) 1 $1,285.26 $0.00 $1,285.26 Year 8 100580 AXON AIR, UAS LICENSE (CLASS 2) 1 $3,519.22 $0.00 $3,519.22 Year 8 12230 AXON AIR, SKYDIO AUTONOMY ENTERPRISE FOR X2E (1YR TERM) 1 $867.55 $0.00 $867.55 Year 8 12232 AXON AIR, SKYDIO 3D SCAN FOR X2E 1 $1,994.49 $0.00 $1,994.49 Year 8 12234 AXON AIR, SKYDIO CONNECT LICENSE 1 $867.55 $0.00 $867.55 Total $11,725.85 $0.00 $11,725.85
Nov 2030
Invoice Plan Item Description Qty Subtotal Tax Total
Year 9 100112 AXON AIR, E.COM PILOT DATA LIC 5 $1,674.00 $0.00 $1,674.00 Year 9 100447 AXON AIR, SKDYIO CONNECT LICENSE WITH 3D SCAN SUPPORT 1 $1,162.04 $0.00 $1,162.04 Year 9 100464 AXON AIR, SKYDIO AUTONOMY ENTERPRISE FOR S2+ 1 $355.74 $0.00 $355.74 Year 9 100551 AXON AIR, PROGRAM MANAGEMENT FOR SKYDIO DRONES 2 $0.00 $0.00 $0.00 Year 9 100579 AXON AIR, UAS LICENSE (CLASS 1) 1 $1,285.26 $0.00 $1,285.26 Year 9 100580 AXON AIR, UAS LICENSE (CLASS 2) 1 $3,519.22 $0.00 $3,519.22 Year 9 12230 AXON AIR, SKYDIO AUTONOMY ENTERPRISE FOR X2E (1YR TERM) 1 $867.55 $0.00 $867.55 Year 9 12232 AXON AIR, SKYDIO 3D SCAN FOR X2E 1 $1,994.49 $0.00 $1,994.49 Year 9 12234 AXON AIR, SKYDIO CONNECT LICENSE 1 $867.55 $0.00 $867.55 Total $11,725.85 $0.00 $11,725.85
Nov 2031
Invoice Plan Item Description Qty Subtotal Tax Total
Year 10 100112 AXON AIR, E.COM PILOT DATA LIC 5 $1,674.00 $0.00 $1,674.00 Year 10 100447 AXON AIR, SKDYIO CONNECT LICENSE WITH 3D SCAN SUPPORT 1 $1,161.99 $0.00 $1,161.99 Year 10 100464 AXON AIR, SKYDIO AUTONOMY ENTERPRISE FOR S2+ 1 $355.71 $0.00 $355.71 Year 10 100551 AXON AIR, PROGRAM MANAGEMENT FOR SKYDIO DRONES 2 $0.00 $0.00 $0.00 Year 10 100579 AXON AIR, UAS LICENSE (CLASS 1) 1 $1,285.26 $0.00 $1,285.26 Year 10 100580 AXON AIR, UAS LICENSE (CLASS 2) 1 $3,519.18 $0.00 $3,519.18 Year 10 12230 AXON AIR, SKYDIO AUTONOMY ENTERPRISE FOR X2E (1YR TERM) 1 $867.54 $0.00 $867.54 Year 10 12232 AXON AIR, SKYDIO 3D SCAN FOR X2E 1 $1,994.46 $0.00 $1,994.46 Year 10 12234 AXON AIR, SKYDIO CONNECT LICENSE 1 $867.54 $0.00 $867.54 Total $11,725.68 $0.00 $11,725.68

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

\s1\ \d1\
Signature Date Signed
11/30/2022

Q-436056-44894.896DB
Issued: 11/29/2022
Quote Expiration: 12/31/2022
Estimated Contract Start Date: 04/01/2023
Account Number: 133264
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
415 Bassett St King City Police Dept. - CA Daniel Birt Keith Boyd 415 Bassett St 415 Bassett St Phone: Phone: (831) 385-4848 King City, CA 93930-2988 King City, CA 93930-2988 Email: [email protected] Email: [email protected] USA USA Fax: Fax: (831) 385-4976
Email:

Quote Summary Discount Summary
Program Length 120 Months Average Savings Per Year ($654.96) TOTAL COST $47,043.60
ESTIMATED TOTAL W/ TAX $48,151.20 TOTAL SAVINGS ($6,549.60) Payment Summary
Date Subtotal Tax Total
Mar 2023 $4,509.36 $110.76 $4,620.12
Apr 2023 $1,950.04 $0.00 $1,950.04
Mar 2024 $4,509.36 $110.76 $4,620.12
Mar 2025 $4,509.36 $110.76 $4,620.12
Mar 2026 $4,509.36 $110.76 $4,620.12
Mar 2027 $4,509.36 $110.76 $4,620.12
Mar 2028 $4,509.36 $110.76 $4,620.12
Mar 2029 $4,509.36 $110.76 $4,620.12
Mar 2030 $4,509.36 $110.76 $4,620.12
Mar 2031 $4,509.36 $110.76 $4,620.12
Mar 2032 $4,509.32 $110.76 $4,620.08
Total $47,043.60 $1,107.60 $48,151.20
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
Exhibit 2

Quote Unbundled Price: $40,494.00
Quote List Price: $47,880.00
Quote Subtotal: $47,043.60
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
IR1CA Interview Room 1 Camera Advanced 1 120 $337.45 $399.00 $392.03 $47,043.60 $1,107.60 $48,151.20 Total $47,043.60 $1,107.60 $48,151.20

Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
Interview Room 1 Camera Advanced 50118 INTERVIEW - MIC - WIRED (STANDARD MIC) 1 03/01/2023 Interview Room 1 Camera Advanced 50294 INTERVIEW - SERVER - LITE 1 03/01/2023 Interview Room 1 Camera Advanced 50298 INTERVIEW - CAMERA - OVERT DOME 1 03/01/2023 Interview Room 1 Camera Advanced 50322 INTERVIEW - TOUCH PANEL PRO 1 03/01/2023 Interview Room 1 Camera Advanced 74056 INTERVIEW - TOUCH PANEL WALL MOUNT 1 03/01/2023 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Interview Room 1 Camera Advanced 50037 INTERVIEW - SOFTWARE - CLIENT (PER TOUCH PANEL-PC) 1 04/01/2023 03/31/2033 Interview Room 1 Camera Advanced 50039 INTERVIEW - SOFTWARE - CLIENT MAINTENANCE (PER TOUCH PANEL-P 1 04/01/2023 03/31/2033
Interview Room 1 Camera Advanced 50041 INTERVIEW - SOFTWARE - STREAMING SERVER LICENSE (PER SERVER) 2 04/01/2023 03/31/2033
Interview Room 1 Camera Advanced 50043 INTERVIEW - SOFTWARE - STREAMING SERVER MAINTENANCE (PER SER 2 04/01/2023 03/31/2033
Interview Room 1 Camera Advanced 50045 UNLIMITED INTERVIEW ROOM CLOUD STORAGE 1 04/01/2023 03/31/2033 Interview Room 1 Camera Advanced 73840 EVIDENCE.COM BASIC LICENSE 1 04/01/2023 03/31/2033 Services
Bundle Item Description QTY
Interview Room 1 Camera Advanced 85170 INTERVIEW - SERVICE - STANDARD INSTALL AND SETUP (PER ROOM) 1 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date Interview Room 1 Camera Advanced 50448 EXT WARRANTY, INTERVIEW ROOM 1 03/01/2024 03/31/2033

Payment Details
Mar 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 IR1CA Interview Room 1 Camera Advanced1 $4,509.36 $110.76 $4,620.12 Total $4,509.36 $110.76 $4,620.12
Apr 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment IR1CA Interview Room 1 Camera Advanced1 $1,950.04 $0.00 $1,950.04 Total $1,950.04 $0.00 $1,950.04
Mar 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 IR1CA Interview Room 1 Camera Advanced1 $4,509.36 $110.76 $4,620.12 Total $4,509.36 $110.76 $4,620.12
Mar 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 IR1CA Interview Room 1 Camera Advanced1 $4,509.36 $110.76 $4,620.12 Total $4,509.36 $110.76 $4,620.12
Mar 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 IR1CA Interview Room 1 Camera Advanced1 $4,509.36 $110.76 $4,620.12 Total $4,509.36 $110.76 $4,620.12
Mar 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 IR1CA Interview Room 1 Camera Advanced1 $4,509.36 $110.76 $4,620.12 Total $4,509.36 $110.76 $4,620.12
Mar 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 6 IR1CA Interview Room 1 Camera Advanced1 $4,509.36 $110.76 $4,620.12 Total $4,509.36 $110.76 $4,620.12
Mar 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Year 7 IR1CA Interview Room 1 Camera Advanced1 $4,509.36 $110.76 $4,620.12 Total $4,509.36 $110.76 $4,620.12

Mar 2030
Invoice Plan Item Description Qty Subtotal Tax Total
Year 8 IR1CA Interview Room 1 Camera Advanced 1 $4,509.36 $110.76 $4,620.12 Total $4,509.36 $110.76 $4,620.12
Mar 2031
Invoice Plan Item Description Qty Subtotal Tax Total
Year 9 IR1CA Interview Room 1 Camera Advanced 1 $4,509.36 $110.76 $4,620.12 Total $4,509.36 $110.76 $4,620.12
Mar 2032
Invoice Plan Item Description Qty Subtotal Tax Total
Year 10 IR1CA Interview Room 1 Camera Advanced 1 $4,509.32 $110.76 $4,620.08 Total $4,509.32 $110.76 $4,620.08

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

Exceptions to Standard Terms and Conditions
Party understands and agrees that a 7-year hardware warranty is being provided and that the 10-year listed hardware warranty is a system error and therefore not valid \s1\ \d1\
Signature Date Signed
11/29/2022
Item No. 10 (H)

REPORT TO THE CITY COUNCIL
DATE: DECEMBER 13, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: KEITH BOYD, CHIEF OF POLICE
RE: CONSIDERATION OF DESIGNATION AND LIQUIDATION OF

SURPLUS EQUIPMENT
RECOMMENDATION:

It is recommended the City Council adopt a Resolution deeming certain Cityowned equipment as surplus equipment and direct the liquidation by properly disposing of items that are obsolete, unneeded, or unusable.

BACKGROUND:

Multiple City departments have conducted an inventory of City-owned equipment.

The inventory identified certain items that are no longer being used, and there is no expectation for these items to be used in the future or ability for them to be salvaged by another City department or outside entity. Technology continues to evolve in areas such as computers, electronic equipment, office equipment, and accessories. The City has worked to provide current technology and functional office equipment to all city employees to assist in providing outstanding service to the community. Items listed in Exhibit 1 (Surplus Equipment) are several generations of purchased equipment behind and have been warehoused in the Police Department instead of being repurposed or properly disposed of.

DISCUSSION:

The Police Department is in the middle of phase two of the remodeling project previously approved by City Council. In preparation for the second phase, the Police Department is inventorying its current equipment and looking to properly remove surplus equipment from the building and its inventory. During this process, several items were considered for liquidation. Each item was reviewed for its potential for repurposing or sale. The bulk of items for consideration during this phase of liquidation are office chairs and non-locking file cabinets.

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING DECLARING CERTAIN

PROPERTY SURPLUS AND PROVIDING FOR THE DISPOSITION OF SAID PROPERTY WHEREAS, the City of King (“City”) is the owner of specific property, including chairs, file cabinets, other technology items, and miscellaneous evidence processing products as outlined in Exhibit 1;
WHEREAS, the City has found that said chairs, file cabinets, other technology items, and miscellaneous evidence processing products are no longer useable or have outlived their useable life span;
WHEREAS, the City desires to dispose of said chairs, file cabinets, other technology items, and miscellaneous evidence processing products for the common benefit of the community; and
WHEREAS, the City derives the right to dispose of said property through Government Code Section 37350.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of King that it declares the chairs, file cabinets, other technology items, and miscellaneous evidence processing products listed in Exhibit 1 as surplus and authorizes the City Manager to dispose of said property.

PASSED AND ADOPTED at a regular meeting of the City Council on the 13th day of December 2022, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
_____________________________
Michael LeBarre, Mayor
ATTEST:
_________________________________
Steven Adams, City Clerk
APPROVED AS TO FORM:
__________________________________
Roy Santos, City Attorney
EXHIBIT 1
December 13, 2022
Surplus Equipment Report
Brand S/N Item Description
Turnstone 1608023 Office chair
Turnstone 1608026 Office chair
Turnstone 1608020 Office chair
Turnstone 1608019 Office chair
Turnstone 1608022 Office chair
Turnstone 1608013 Office chair
Turnstone 1608014 Office chair
Turnstone 1608028 Office chair
Turnstone 1608033 Office chair
Turnstone 1608030 Office chair
Turnstone 1608015 Office chair
KFI None Office chair
ESS None Office chair
ESS None Office chair
Raynor None Office chair
Raynor None Office chair
Nation Business Furniture 05MK4442570FF Office chair
Office Star Products None Office chair
Office Star Products None Office chair
Cosco None Office chair
Cosco None Office chair
Hon None 3 file cabinet
Hon None 5 file cabinet
Unk brand None 4 file cabinet
Hon None 5 file cabinet
Unk brand None 5 file cabinet
Anderson Hickey Co None 4 file cabinet
Unk brand None 4 file cabinet
Hon None 4 file cabinet
Hon None 4 file cabinet
Unk brand None Black plastic cases
Cannon Worn off Camera w/ flash in case
DC remote 0103039 Radio phone
Pelouze None Digital scale
Tripp-Lite None Surge protector
NIK None Narcotics ID kits
Del DCSLPC1 Desk top computer
Unk brand None
Dilapidated evidence processing
items.

Item No. 10 (I)

REPORT TO THE SUCCESSOR AGENCY TO THE FORMER CDA
DATE: DECEMBER 13, 2022
TO: HONORABLE CHAIR AND MEMBERS OF THE SUCCESSOR
AGENCY
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF A RESOLUTION OF THE SUCCESSOR

AGENCY TO THE FORMER KING CITY COMMUNITY

DEVELOPMENT AGENCY APPROVING THE RECOGNIZED
OBLIGATION PAYMENT SCHEDULE 23-24 FOR THE PERIOD
OF JULY 1, 2023 THROUGH JUNE 30, 2024
RECOMMENDATION:

It is recommended that the Successor Agency adopt Resolution SA-2022-02 approving the ROPS 23-24, for the period of July 1, 2023 through June 30, 2024.

BACKGROUND:

Pursuant to Health and Safety Code § 34172 (a)(1), the King City Community Development Agency was dissolved on February 1, 2012. Consistent with the provisions of the Health and Safety Code, the City Council previously elected to serve in the capacity of the Successor Agency to the King City Community Development Agency, (the “Successor Agency”). In the past, Health and Safety Code § 34177 (1)(1), required the Successor Agency to prepare a Recognized Obligation Payment Schedule (“ROPS”) before each six-month fiscal period, which corresponds to equal halves of a fiscal year (i.e., July through December and January through June). Current law now requires the preparation and approval or a ROPS for an entire fiscal year.

The ROPS is the basis for the Successor Agency’s authority to make payment due for enforceable obligations. Subsequent to its approval by the Successor Agency, the ROPS must also be approved by the County Consolidated Oversight Board (“OS Board”) to the Successor Agency and is reviewable by the County Auditor-Controller, the County Administrative Officer, the California Department of Finance and the California State Controller’s Office.

SUCCESSOR AGENCY TO THE FORMER KING CITY CDA

CONSIDERATION OF A RESOLUTION OF THE SUCCESSOR AGENCY TO

THE FORMER KING CITY COMMUNITY DEVELOPMENT AGENCY
APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE 23-24 FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2024
DECEMBER 13, 2022
PAGE 2 OF 4
DISCUSSION:

Successor Agency staff has prepared ROPS 23-24 for the period of July 1, 2023 through June 30, 2024, which consists of several spreadsheets that are appended to the attached Exhibit “SA” as Attachment ‘1’.

Pursuant to Health and Safety Code § 34177 (m), the County Consolidated Oversight Board-approved ROPS for the period of July 1, 2023 through June 30, 2024 must be submitted to the County Auditor-Controller, County Administrative Officer, the State Controller and the State Department of Finance not later than February 1, 2023.

Upon approval of the ROPS by the County Consolidated Oversight Board, and pursuant to Health and Safety Code § 34177 (l)(2), a copy of this staff report and the attached resolution will be submitted to the County Auditor-Controller, County Administrative Officer, the State Controller and the State Department of Finance within the prescribed timeframe.

The ROPS 23-24 has relative no changes from the ROPS 23-24. Staff has reduced the amount requested for Administration costs to $100,000 from the $250,000 on ROPS 22-23. Each Agency is under pressure to reduce its administration costs as we move further in the wind-down of the former CDA.

The ROPS 23-24 is being submitted at the same time as the Last and Final ROPS as required by the Department of Finance. In the event that the Last and Final ROPS is not approved, the Successor Agency will have an approve ROPS to continue to make payments for the required obligations of the Successor Agency.

Approval of the attached Resolution will authorize the Successor Agency Director, or designee, to:

1. Post the ROPS for the period of July 1, 2023 through June 30, 2024 on the City’s website;

2. Transmit the ROPS for the period of July 1, 2023 through June 30, 2024 to the County Auditor-Controller, County Administrative Officer, the State Controller, and the State Department of Finance within the timeframe prescribed by the Health and Safety Code; and

SUCCESSOR AGENCY TO THE FORMER KING CITY CDA

CONSIDERATION OF A RESOLUTION OF THE SUCCESSOR AGENCY TO

THE FORMER KING CITY COMMUNITY DEVELOPMENT AGENCY
APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE 23-24 FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2024
DECEMBER 13, 2022
PAGE 3 OF 4

3. Make ministerial revisions to the ROPS which may include, but is not limited to, restating the information included within the ROPS in any format that may be requested by the State Department of Finance, take such other actions and execute such other documents as are necessary to effectuate the intent of the Resolution, and to implement the ROPS for the period of July 1, 2023 through June 30, 2024 on behalf of the Successor Agency, including authorizing and causing such payments.

COST ANALYSIS:

Pursuant to Health and Safety Code § 34177, the Successor Agency is legally required to continue to make payments due for enforceable obligations. The Successor Agency’s approval of ROPS 21-22 will ensure that the Successor Agency has the authority to continue to pay its enforceable obligations. The recommended action does not, in itself, cause any new financial obligations

ENVIRONMENTAL
The actions of this item have been reviewed with respect to applicability of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, § 15000 et seq., hereafter the “Guidelines”), and the City’s environmental guidelines. The recommended action does not constitute a “project” for purposes of CEQA, as that term is defined by Guidelines § 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per § 15378(b) (5) of the Guidelines.

ALTERNATIVES:

The following alternatives are provided for Council consideration:

1. Approve Resolution SA-2022-02 approving ROPS 23-24, for the period of July 1, 2023 through June 30, 2024; or

2. Provide other direction to staff.

Exhibits:

1. Resolution No. SA-2022-02 with Attached “1” King City Successor Agency’s ROPS 23-24 (July 1, 2023 through June 30, 2024)

Item No. 10 (J)

REPORT TO THE SUCCESSOR AGENCY TO THE FORMER CDA
DATE: DECEMBER 13, 2022
TO: HONORABLE CHAIR AND MEMBERS OF THE SUCCESSOR
AGENCY
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF A RESOLUTION OF THE SUCCESSOR

AGENCY TO THE FORMER KING CITY COMMUNITY

DEVELOPMENT AGENCY APPROVING THE ESTABLISHMENT

OF THE LAST AND FINAL RECOGNIZED OBLIGATION

PAYMENT SCHEDULE
RECOMMENDATION:

It is recommended that the Successor Agency adopt Resolution SA-2022-03 approving the establishment of the Last and Final Recognized Obligation Payment Schedule.

BACKGROUND:

Pursuant to Health and Safety Code § 34172 (a)(1), the King City Community Development Agency was dissolved on February 1, 2012. Consistent with the provisions of the Health and Safety Code, the City Council previously elected to serve in the capacity of the Successor Agency to the King City Community Development Agency, (the “Successor Agency”). In the past, Health and Safety Code § 34177 (1)(1), required the Successor Agency to prepare a Recognized Obligation Payment Schedule (“ROPS”) before each six-month fiscal period, which corresponds to equal halves of a fiscal year (i.e., July through December and January through June). Current law now requires the preparation and approval or a ROPS for an entire Fiscal Year.

Pursuant to HSC section 34179.7(o)(1), commencing with the ROPS covering the period from July 1, 2016 to June 30, 2017 and thereafter, agencies shall submit the County Consolidated Oversight Board approved annual ROPS to Finance and the County Auditor-Controller by February 1, 2016 and each February 1 thereafter, which corresponds to the full fiscal year. The ROPS is the basis for the Successor Agency’s authority to make payments due for enforceable obligations.

SUCCESSOR AGENCY TO THE FORMER KING CITY CDA

CONSIDERATION OF A RESOLUTION OF THE SUCCESSOR AGENCY TO

THE FORMER KING CITY COMMUNITY DEVELOPMENT AGENCY

APPROVING THE ESTABLISHMENT OF THE LAST AND FILAN

RECOGNIZED OBLIGATION PAYMENT SCHEDULE
DECEMBER 13, 2022
PAGE 2 OF 4
Pursuant to Section 34191.6(a) of the Health and Safety Code, beginning January 1, 2016, successor agencies have the option to submit a last and final recognized obligation payment schedule if all the following conditions are met:
(1) The remaining debt of a successor agency is limited to administrative costs and payments pursuant to enforceable obligations with defined payment schedules including, but not limited to, debt service, loan agreement, and contracts.
(2) All remaining obligations have been previously listed on a Recognized Obligation Payment Schedule and approved for payment by the Department pursuant to Sections 34177(m) or 34177(o) of the Health and safety Code. (3) The successor agency is not a party to outstanding or unresolved litigation, except as specified in Section 34.191.6(a)(3) of the Health and Safety Code.

The Successor Agency staff has prepared the proposed Last and Final Recognized Obligation Payment Schedule (the “Last and Final ROPS”), substantially in the form shown in Attachment “A”, attached hereto and incorporated herein by this reference.

DISCUSSION:

Successor Agency staff has prepared the Last and Final ROPS, which consists of several spreadsheets that are appended to the attached Exhibit “A” as Attachment ‘1’. Pursuant to Health and Safety Code § 34177 (m), the County Consolidated Oversight Board approved Last and Final ROPS must be submitted to the County Auditor-Controller, County Administrative Officer, the State Controller and the State Department of Finance.

Upon approval of the Last and Final ROPS by the County Consolidated Oversight Board, and pursuant to Health and Safety Code § 34177 (l)(2), a copy of this staff report and the attached resolution will be submitted to the County Auditor-Controller, County Administrative Officer, the State Controller and the State Department of Finance within the prescribed timeframe.

Approval of the attached Resolution will authorize the Successor Agency Director, or designee, to:

1. Post the Last and Final ROPS on the City’s website;

SUCCESSOR AGENCY TO THE FORMER KING CITY CDA

CONSIDERATION OF A RESOLUTION OF THE SUCCESSOR AGENCY TO

THE FORMER KING CITY COMMUNITY DEVELOPMENT AGENCY

APPROVING THE ESTABLISHMENT OF THE LAST AND FILAN

RECOGNIZED OBLIGATION PAYMENT SCHEDULE
DECEMBER 13, 2022
PAGE 3 OF 4

2. Transmit the Last and Final ROPS to the County Auditor-Controller, County Administrative Officer, the State Controller, and the State Department of Finance within the timeframe prescribed by the Health and Safety Code; and

3. Make ministerial revisions to the Last and Final ROPS which may include, but is not limited to, restating the information included within the Last and Final ROPS in any format that may be requested by the State Department of Finance, take such other actions and execute such other documents as are necessary to effectuate the intent of the Resolution, and to implement the Last and Final ROPS on behalf of the Successor Agency, including authorizing and causing such payments.

COST ANALYSIS:

Pursuant to Health and Safety Code § 34177, the Successor Agency is legally required to continue to make payments due for enforceable obligations. The County Oversight Board’s approval of Last and Final ROPS will ensure that the Successor Agency has the authority to continue to pay its enforceable obligations. The recommended action does not, in itself, cause any new financial obligations.

In the past, the City has received funding through the ROPS to reimburse staffing costs associated with winding down the former Redevelopment Agency. A portion of this revenue offset the City’s staffing costs in the General Fund. If the Last and Final ROPS is approved, those costs and revenues will be eliminated and the Agency’s administration fee will be greatly reduced to between $15,000 and $20,000 which will be limited to payments of debt service obligations and annually audits. Therefore, staff is projecting this will result in an ongoing impact to the budget by reducing General Fund revenues in the amount of about $85,000 annually.

ENVIRONMENTAL REVIEW:

The actions of this item have been reviewed with respect to applicability of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, § 15000 et seq., hereafter the “Guidelines”), and the City’s environmental guidelines. The recommended action does not constitute a “project” for purposes of CEQA, as that term is defined by Guidelines § 15378, because this Resolution is an organizational or

Item No. 11 (A)

REPORT TO THE CITY COUNCIL
DATE: DECEMBER 13, 2022

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: KEITH BOYD, CHIEF OF POLICE
RE: CONSIDERATION OF AN ORDINANCE AMENDING

ABANDONED VEHICLE RESTRICTIONS IN THE CITY
RECOMMENDATION:

It is recommended the City Council introduce an Ordinance amending Chapter

10.26 of the King City Municipal Code pertaining to abandoned vehicles to be read by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.

BACKGROUND:

The Police Department is receiving increased complaints regarding suspected abandoned vehicles parked throughout the City on public and private property.

Currently the Police Department predominantly uses sections of the California Vehicle Code relating to excessive parked time and expired vehicle registration to address abandoned vehicles. Use of these codes has limitations as vehicles can be moved throughout the City to avoid exceeding time limits for parking or registrations are made current on dilapidated vehicles. In an effort to properly address abandoned vehicles, the Police Department began a review of King City Municipal Code 10.26 (Abandoned Vehicles) prior to initiating vehicle tows specifically based on parameters established in the California Vehicle Code relating to abandoned vehicles. Chapter 10.26 of the Municipal Code was last amended by the City Council in 1993. In addition, Chapter 10.26 placed considerable authority with the Director of Public Works for the removal of abandoned vehicles, establishment of fees, and the review of appeals.

Due to its past issues with the towing of vehicles, the Police Department has worked to maintain a balance between education and enforcement when addressing abandoned vehicle incidents while at the same time ensuring the concerns and complaints of the community are met in a fair and equitable manner.

CITY COUNCIL

CONSIDERATION OF AN ORDINANCE AMENDING ABANDONED VEHICLE

RESTRICTIONS IN THE CITY
DECEMBER 13, 2022
PAGE 2 OF 3
DISCUSSION:

The Police Department review of Chapter 10.26 found the ordinance provided for the City Manager or his designee to designate a vehicle abatement officer, peace officers to remove abandoned vehicles, and for the Director of Public Works to perform abandoned vehicle removal as well. In discussions with the Director of Public Works, it was confirmed the Public Works Department is not in a position to perform this roll and is not suited for the legal requirements necessitated at the conclusion of towing a vehicle. The procedures outlined in Chapter 10.26 are sound and inline with the current standards of law. It is proposed to amend any sections of the chapter referencing the role of the Director of Public Works to instead assign the role to the Chief of Police.

Structurally, the Chief of Police, as the chief executive of the Police Department, is more suited for the tasks currently outlined in the chapter for the Director of Public Works. The Police Department has systems, policies, and procedures in place for the handling of towed vehicles, report documentation, and the entry of the vehicle into automated databases to properly reflect its legal status as towed.

In addition, Police Department Records Unit personnel are trained in the legal requirements of filing tow paperwork with the registered owner of the vehicle, the Department of Motor Vehicles, and internally.

Enforcement procedures will continue primarily on a complaint driven basis under the same process used to respond to abandoned vehicle incidents, Upon the approval and implementation of the amended ordinance, the Police Department will be in a position to develop the operational procedures and documents required to address abandoned vehicles on public and private property.

COST ANALYSIS:

No costs to the City are projected with this amended ordinance.

ENVIRONMENTAL REVIEW:

This matter is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as it does not have the potential for resulting in either a direct physical change to the environment, or a reasonably foreseeable indirect physical change in the environment. No further action is required under CEQA for City Council action.

ALTERNATIVES:

The following alternatives have been identified for City Council consideration:

Exhibit 1

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KING AMENDING CHAPTER 10.26 OF TITLE 10 OF THE KING CITY MUNICIPAL CODE

PERTAINING TO ABANDONED VEHICLES
WHEREAS, the City of King (“the City”) has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City, California Constitution Article XI, section 7; and
WHEREAS, pursuant to the City’s express statutory authority and its police power, the City desires to enact reasonable regulations on abandoned vehicles within the city limits; and WHEREAS, the City has a compelling interest in protecting the public health, safety, and welfare of its citizens, residents, visitors and businesses, and in preserving the peace of the neighborhoods within the City by regulating abandoned vehicles within the city limits; and WHEREAS, this Ordinance is intended to regulate abandoned vehicles within the city limits to ensure the health, safety and welfare of both businesses and city residents; and WHEREAS, nothing in this Ordinance shall be construed to: (1) allow any person to engage in conduct that endangers others or causes a public nuisance; or (2) allow any activity relating to the abandonment of vehicles within the city limits which are illegal under state or federal law; and
NOW THEREFORE, the City Council of the City of King does hereby ordain as follows:

SECTION 1. The above recitals are incorporated are hereby by reference.

SECTION 2. The Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment. (CEQA Guidelines § 15061(b)(3).) Further, the adoption and implementation of this Ordinance is not a project, as defined in CEQA Guidelines section 15378, because it has no potential for resulting in physical change to the environment, either directly or indirectly, and is therefore not subject to environmental review under CEQA pursuant to CEQA Guidelines section 15060(c)(3).

SECTION 3. Chapter 10.26, of Title 10, of the King City Municipal Code are hereby amended and replaced to read as follows:

Chapter 10.26
ABAND0NED VEHICLES
Section 10.26.020 Definitions.

For purposes of this chapter, “abandoned vehicle” includes the following:

Abandonment. In reference to highways, “abandonment” is presumed to have occurred if a vehicle is left seventy-two hours or more on the highway, or is parked, resting, or otherwise immobilized on any highway or public right-of-way; or it lacks an engine, or transmission, or wheels, or tires, or doors, or windshield, or any other part or equipment necessary to operate safely on the highway. Such vehicles are Exhibit 2
presumed to be a hazard to public health, safety and welfare and may be removed immediately upon discovery by a peace officer or other designated employee.

Employee. An “employee” means a city employee designated by the Chief of Police to do all that is necessary to abate abandoned vehicles.

Highway. A “highway” means a way or place, of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular traffic. “Highway” includes a street and all or any part of the entire width of the right-of-way of said highway.

Peace officer. A “peace officer” means an individual as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.

Vehicle. A “vehicle” is a device in, upon, or by which any person or property is or may be propelled, moved or drawn upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks.

Vehicle, Abandoned. A vehicle is an “abandoned vehicle” if it is left on a highway, public property, or private property in such inoperable or neglected condition that it may be reasonably concluded that the owner intends to relinquish all further rights or interests in it. An “abandoned vehicle” includes a public nuisance vehicle.

Vehicle Abatement Officer. A “vehicle abatement officer” is the city manager or his designee as designated by the city council to perform the functions specified in Section 22669 (Removal of Abandoned Vehicles) of the California Vehicle Code.

Vehicle, Dismantled. A “dismantled vehicle” is any vehicle that is partially or wholly disassembled.

Vehicle, Inoperative. An “inoperative vehicle” is any motor vehicle that cannot be moved under its own power.

Vehicle, Public Nuisance. A “public nuisance vehicle” is any vehicle or parts thereof that is abandoned, wrecked, dismantled or inoperative, that is left on public or private property, not including highways; or that creates a condition tending to reduce the value of private property, or promotes blight and deterioration, or invites plundering, or creates fire hazards, or constitutes an attractive nuisance or endangers the health and safety of minors, or harbors rodents or insects, or jeopardizes health, safety and general welfare.

Vehicle, Wrecked. A “wrecked vehicle” is any vehicle that is damaged to such an extent that it cannot be operated upon the highway. A vehicle which has been wrecked in a traffic accident, and which has been removed from the roadway to a storage facility, but which has not been claimed by its owner will not be considered an abandoned vehicle. (Ord. 560 § 1 (Exh. A), 1993) Section 10.26.050 Enforcement authority.
(a) Except as otherwise provided in this chapter or by law, the city council designates that the provisions of this chapter shall be administered and enforced by the Chief of Police or his designee. (b) In the enforcement of this chapter, the “vehicle abatement officer,” as defined in Section 10.26.020, having reasonable grounds to believe that a vehicle has been abandoned as determined pursuant to Section 22523 of the California Vehicle Code, may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle, and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this chapter. (Authority: Vehicle Code Section 22663) (Ord. 560 § 1 (Exh. A), 1993)
Section 10.26.072 Appeal of abatement costs.

Any appeal challenging the abatement cost assessed in Section 10.26.070 must be submitted in writing to the City Manager within fifteen days of receiving notice of an assessment. Said appeal will be reviewed by the City Manager or his designee. Their written findings must be mailed to the appealing party within fifteen days of receiving said party’s letter of appeal. (Ord. 560 § 1 (Exh. A), 1993) Section 10.26.080 Abandoned vehicles on public or private property, excluding a highway
Upon discovery, on public or private property, excluding a highway, of an abandoned vehicle or a vehicle which lacks an engine, or transmission, or wheels, or tires, or doors, or windshield, or other major part or equipment necessary to operate safely on the highway, the Chief of Police, or his designee, shall have the authority to cause the abatement and removal of said vehicle in accordance with the procedure prescribed in this section.
(1) Notice of intention to abate and remove a vehicle or part thereof as a public nuisance shall be given in writing at least ten days before such abatement and removal, unless the property owner and owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. A notice of intention is not required for removal of a vehicle or part thereof inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than two hundred dollars by a person specified in California Vehicle Code Section 22855, and is determined to be a public nuisance presenting immediate threat to public health or safety, provided the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition under California Vehicle Code Section 22662 of such a low-valued vehicle or part for which evidence of registration was recovered pursuant to Section 10.26.120, the department of public works shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part. If the vehicle or part is not claimed and removed within twelve days after the notice is mailed, from a location specified in California Vehicle Code Section 22662, final disposition may proceed.

Neither the city or its contractor shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this section. (Authority: Vehicle Code Section 22661(c)) (2) Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and the owner of the vehicle. The statement shall include notice to the property owner that he or she may appear in person at a hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land with his or her reasons for such denial, in lieu of appearing. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner, and he or she has not acquiesced in its presence, the local authority shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner. (Authority: Vehicle Code Section 22661(g)) (3) The notice of intention to abate and remove shall be mailed by registered or certified mail to the owner of the land as shown on the last equalized assessment roll, and to the last registered and legal owner of record, unless the vehicle is in such condition that identification numbers are not available to determine ownership. (Authority: Vehicle Code Section 22661(d)) (Ord. 560 § 1 (Exh. A), 1993) Section 10.26.090 Removal – Request for hearing.
(a) A public hearing shall be held before the city manager of the city, or his designee, upon request for such hearing by the owner of the vehicle or the owner of the land on which such vehicle is located. The request shall be made in writing to the city manager, or his designee, within ten days after the mailing of notice of intention to abate and remove the vehicle. (Authority: Vehicle Code Section 22661(e)) (b) The owner of the land on which the vehicle is located is authorized to appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on his or her land within such time period with his or her reason for such denial. This statement shall be construed as a request for a hearing which does not require the presence of the owner submitting such request. (Authority: Vehicle Code Section 22661(g))
(c) If such a request is not received within such period, the Chief of Police, or his designee, shall cause the removal of said vehicle. In such cases, the city manager, or his designee, shall assess administrative and removal costs. (Authority: Vehicle Code Section 22661(e)) (d) Fifteen days’ notice of hearing shall be mailed to all parties requesting a hearing and to all land owners who have submitted sworn written statements denying liability. (Ord. 560 § 1 (Exh. A), 1993) Section 10.26.100 Removal – Hearing procedure.
(a) All hearings under this chapter shall be before the city manager of the city, or his designee, at 212 South Vanderhurst Avenue, King City, California 93930, who shall hear all relevant facts and testimony.

Said facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the private property or public property. The city manager, or his designee, shall not be limited by the technical rules of evidence. The owner of land on which the vehicle is located, or his or her written designee, may appear in person at the hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial.
(b) The city manager, or his designee, may impose such conditions and take such other appropriate action as he is authorized under the California Vehicle Code under the circumstances to carry out the purpose of this chapter. Any such action may delay the time for removal of the vehicle or part thereof, if the circumstances justify it. At the conclusion of the hearing, the Chief of Police, or his designee, may find that a vehicle or part thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as provided in this chapter, and determine the administrative costs and the costs of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if available at the site. (c) If an interested person makes a written presentation to the city manager, or his designee, but does not appear, that person shall be notified in writing of any decision within five working days. (Ord. 560 § 1 (Exh. A), 1993)
SECTION 4: EFFECTIVE DATE.

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

I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the _____ day of _________________ 2022, and adopted the Ordinance after the second reading at a regular meeting held on the ____ day of _______________ 2022, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
STEVEN ADAMS, City Clerk

CITY OF KING
By:

MIKE LEBARRE, Mayor
APPROVED AS TO FORM:

By:

ROY C. SANTOS, City Attorney
Aleshire & Wynder, LLP
I, ______________________________, City Clerk of the City of King, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of King on the date and by the vote indicated herein. `
Item No. 12(A)

REPORT TO THE CITY COUNCIL
DATE: DECEMBER 13, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
BY: PATRICK MATHEWS, GENERAL MANAGER

ELIA ZAVALA, CONTRACTS AND GRANTS ANALYST

SALINAS VALLEY SOLID WASTE AUTHORITY
RE: CONSIDERATION OF MEMORANDUM OF UNDERSTANDING

BETWEEM CITY OF KING AND USA WASTE OF CALIFORNIA
(DBA WASTE MANAGEMENT) IN REGARD TO NEGOTIATIONS

FOR AMENDMENTS TO THE EXCLUSIVE SOLID WASTE,

RECYCLING AND ORGANICS COLLECTION SERVICES

PROGRAM AGREEMENTS
RECOMMENDATION:

It is recommended the City Council adopt approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) to negotiate amendments to the Franchise Agreement with Waste Management’s for garbage, recycling, and organics collection services in order to promptly implement new laws and regulations in effect as of January 1, 2022.

BACKGROUND:

The City’s Revised and Restated Franchise Agreement (Franchise Agreement) with USA Waste of California, dba Waste Management for Exclusive Solid Waste Handling, Recycling and Organics Collection Services was approved on June 27, 2017, with a term ending June 30, 2025. Since then, SB 1383 was passed setting forth a variety of programmatic and policy-related requirements for jurisdictions, generators, and other entities to support the State’s methane emission reduction goals.

The proposed MOU commits the City and Waste Management to immediately implement, or to the extent already implemented, continue to conduct, its solid waste, recyclables, and organics collection services in compliance with the

CITY COUNCIL

CONSIDERATION OF MEMORANDUM OF UNDERSTANDING BETWEEM CITY

OF KING AND USA WASTE OF CALIFORNIA (DBA WASTE MANAGEMENT) IN

REGARD TO NEGOTIATIONS FOR AMENDMENTS TO THE EXCLUSIVE SOLID

WASTE, RECYCLING AND ORGANICS COLLECTION SERVICES PROGRAM

AGREEMENTS
DECEMBER 13, 2022
PAGE 2 OF 3
mandates of AB 341, AB 1826, AB 1594, SB 1383 and KCMC Chapter 8.40. It also states that both parties will negotiate in good faith a complete restatement of the Franchise Agreement that sets forth in detail the programmatic/operational obligations of Franchisee under these laws and regulations. In addition, a regional Request for Proposal for a new franchise agreement for the four south valley cities (King City, Greenfield, Soledad, and Gonzales) will be issued beginning in early 2023; the timeline for award of the new agreement aligns with the termination of this MOU and current franchise agreements.

DISCUSSION:

Senate Bill (SB) 1383, as enacted in 2017 and adopted by CalRecycle in 2020 establishes statewide targets to reduce the statewide disposal of organic waste by 50 percent by 2020 and 75 percent by 2025. It also requires that 20 percent of edible food that is currently disposed be recovered for human consumption by 2025. The City’s current Franchise Agreement with Waste Management needs to be amended to address regulations pertinent to the waste hauler collection.

In 2020, Salinas Valley Solid Waste Authority, the City’s Franchise Agreement administrator, began working with its legal counsel, the City, and Waste Management to revise the existing Franchise Agreement to address the new SB 1383 waste collection regulations.

The initial revision to the Franchise Agreement opened the door to other necessary updates not related to SB 1383 which required further discussions and negotiations.

Therefore, an alternate approach was discussed and concurred in efforts to not further delay mandate compliance. All parties agreed on the preparation of an MOU that memorializes the commitment to comply with the mandate requirements and that these stipulations will be negotiated in good faith into a new and revised restated Franchise Agreement. With that said, Waste Management has already begun to implement required changes as required by the law.

COST ANALYSIS:

There is no cost impact at this time. A rate increase is projected in the future as SB 1383 requires waste haulers to update their container inventory (e.g., carts, bins, and drop boxes) to comply with mandated color requirements. The waste hauler is not required to update existing containers purchased prior to January 2022, but they will need to be replaced at the end of their useful life or by January 1, 2036, whichever comes first. Waste Management is evaluating its current inventor, future needs, and how these will impact customer rates in the future.

Item No. 12 (B)

REPORT TO THE CITY COUNCIL
DATE: DECEMBER 13, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF CPI ADJUSTMENTS TO CANNABIS TAX
RATES
RECOMMENDATION:

It is recommended the City Council: 1) adopt a Resolution increasing cannabis tax rates for manufacturing and testing by CPI (4.2%) effective January 1, 2023; and 2) direct staff to prepare a Resolution for City Council consideration that would establish future reductions in the cannabis cultivation tax rate triggered by increases in square footage of operations.

BACKGROUND:

Measure J was approved by the voters in the November 2016 election, which established tax rates for cannabis cultivation, nurseries, manufacturing, and testing. Measure P was approved by the voters in the November 2020 election, which added tax rates for cannabis retail sales and distribution, as well as updated some of the provisions from the original 2016 measure.

Measure J provides for an annual increase based on the Consumer Price Index (CPI) for the prior year for the San Francisco-Oakland-San Jose areas as published by the US Government Bureau of Labor Statistics. This year, a Resolution approving the CPI adjustments for only manufacturing and testing is recommended for City Council consideration.

DISCUSSION:

The existing cannabis tax rates are as follows:

CITY COUNCIL

CONSIDERATION OF CPI ADJUSTMENTS TO CANNABIS TAX RATES
DECEMBER 13, 2022
PAGE 2 OF 4
Cultivation: $10.04 per square feet
Nurseries $5.15 per square foot for the first 5,000 square feet and $2.57 per square foot for the remainder
Manufacturing $32,732 per year
Testing $32,732 per year
Retail 5% of gross receipts
Distribution 2% of gross receipts
The annual CPI increase does not apply to retail and distribution because those taxes are charged on gross receipts. It is assumed that an annual inflationary increase is already built into the tax structure for taxes on sales since the proceeds will increase as the price of the products increase.

The last full year of CPI is used for the adjustments. Therefore, the 2021 CPI is used for the 2022 increase. The annual CPI for the San Francisco-OaklandHayward region, the closest regional rate available, was 4.2% in 2020. The proposed new tax rates are as follows:

Cultivation: $10.04 per square feet
Nurseries $5.15 per square foot for the first 5,000 square feet and $2.57 per square foot for the remainder
Manufacturing $36,107 per year
Testing $36,107 per year
Retail 5% of gross receipts
Distribution 2% of gross receipts
Staff does not recommend increases to the cultivation and nursery rates this year due to concerns that the rates may already exceed those from other jurisdictions the City is competing with for businesses. In addition, profits are less than originally anticipated as a result of oversupply in the market.

Due to the economic challenges being faced by cultivation businesses, owners have requested the City to consider reductions in the cannabis cultivation tax rates. Staff has taken a number of steps to evaluate the request. A comparison with other jurisdictions found that the City’s rates are lower than some, but competitive with the majority of other jurisdictions. The City’s cannabis program consultant has confirmed the economic challenges currently being experienced by cannabis cultivation operations. They continue to recommend a rate of somewhere from $5 to $10 per square foot.

Therefore, the City’s rate remains at the top or slightly above the top of the recommended range. Since the proposed local sales tax measure failed, the City cannot afford a reduction in cannabis tax revenue at this time. However, the City’s Long Range Financial Plan includes projections for increased cannabis tax

CITY COUNCIL

CONSIDERATION OF CPI ADJUSTMENTS TO CANNABIS TAX RATES
DECEMBER 13, 2022
PAGE 3 OF 4
revenue in future years based on current development. In order to meet these projections, staff recommends establishing economic incentives for businesses under development to begin operation. Therefore, it is recommended the City establish a plan for future tax rate reductions that would be triggered by increased in operation square footage. This will assist businesses to be more profitable while at the same time increasing tax revenues to the City.

The following table shows the future adjustments recommended in order to achieve the City’s Long Range Financial Plan revenue projections along with the revenue amounts:

Phase Square Feet Tax Rate Total Revenue
Current 50,000 $10.04 $502,000
Phase I 90,000 $8.50 $765,000
Phase II 150,000 $7.00 $1,050,000
Therefore, under this proposal, the tax rate would drop to $8.50 per square foot when total cultivation operations reaches 90,000 square feet. Revenues would still increase to $765,000 and meet the projection of $800,000 when manufacturing tax revenues are added. The operations reaches 150,000 square feet, the rate would then drop to $7 per square foot.

The one risk in this recommendation is that it could place the City in a difficult position if the tax rate is reduced when a new business opens and then the business later ceases operation causing the square footage to drop back below the threshold. It may be difficult in this circumstance to return the tax rate to the prior level for the remaining business(s) even though the City Council would have the authority to do so since the rate would be well below the amount authorized by the tax measure. However, this scenario could be addressed at that time if it occurred. The lower rate would hopefully prevent the likelihood of that occurring by helping businesses to be successful by lowering costs.

COST ANALYSIS:

The initial budget impact of the proposed CPI tax rate increase is projected be an increase in annual cannabis tax revenue of $6,750.

ENVIRONMENTAL REVIEW:

This matter is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as it does not have the potential for resulting in either a direct physical change to the environment, or a reasonably foreseeable indirect physical change in the environment. No further action is required under CEQA for City Council action.

01222.0001/614435.1
RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING, CALIFORNIA,

APPROVING AN ANNUAL INCREASE TO THE COMMERCIAL CANNABIS TAX RATES

FOR MANUFACTURING AND NURSERIES BASED UPON THE CONSUMER PRICE INDEX

FOR ALL URBAN CONSUMERS IN THE SAN FRANCISCO-OAKLAND-SAN JOSE AREAS WHEREAS, in November of 2016, a majority of voters within the City of King passed a tax measure governing commercial cannabis cultivation, nurseries, manufacturing and testing within the city limits; and
WHEREAS, in November 2020, a majority of voters within the City of King passed an additional tax measure amending the November 2016 measure and adding a tax on commercial cannabis retail and distribution businesses; and
WHEREAS, the measures authorized the City of King to levy an annual tax beginning on January 1, 2017 in the amount of twenty-five dollars ($25.00) for the first five thousand (5,000) square feet of cannabis nursery cultivation canopy and then ten ($10.00) per square foot for all remaining cannabis cultivation canopy, five dollars ($5.00) for the first five thousand (5,000) square feet of cannabis nursery cultivation canopy and then two dollars and fifty cents ($2.50) per square foot for all remaining cannabis nursery cultivation canopy, and thirty thousand dollars ($30,000) per year for cannabis manufacturing and testing businesses; and WHEREAS, the tax measures authorized the City of King to increase the tax rates on commercial cannabis cultivation, nurseries, manufacturing and testing facilities beginning January 1, 2020 by utilizing the Consumer Price Index (CPI) for all urban consumers in the San FranciscoOakland-San Jose areas as published by the United States Government Bureau of Labor Statistics; and
WHEREAS, the City Council of the City of King desires to apply the authorized CPI increase to the annual tax rate for cannabis manufacturing and testing businesses effective January 1, 2023.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of King as follows:

1. The foregoing recitals are true and correct and are incorporated by reference.

2. The City Council of the City of King hereby approves the application of an annual increase to the commercial cannabis tax rate for commercial manufacturing and testing businesses up to the equivalent of the most recent change in the annual average of the Consumer Price Index (CPI) for all urban consumers in the San Francisco-Oakland-San Jose areas as published by the United States Government Bureau of Labor Statistics. Pursuant to the CPI for all urban consumers in the San Francisco-Oakland-San Jose areas, the most recent change in the annual average percentage was 4.2% in 2021, which will be applied to each tax rate amount.

3. The new annual tax rate for cannabis manufacturing and testing facilities shall be thirty-six thousand, one hundred and seven dollars ($36,107).

6. This Resolution shall be effective upon adoption.
01222.0001/614435.1
This resolution was passed and adopted this 13
th day of December, 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
Item No. 12 (C)

REPORT TO THE CITY COUNCIL
DATE: DECEMBER 13, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF PURCHASE OF PIERCE QUINT AERIAL

FIRE APPARATUS
RECOMMENDATION:

It is recommended the City Council: 1) approve and authorize the City Manager to execute an agreement with Golden State Fire Apparatus for the purchase of a new Pierce Quint aerial fire apparatus at a price of $1,135,546.35 contingent upon confirmation from the State that the City will be reimbursed for the purchase; 2) authorize the City Manager to execute an agreement with Golden State Fire Apparatus for an option to purchase the new Pierce Quint aerial fire apparatus in a form approved by the City Attorney if deemed necessary to hold the apparatus in stock at the agreed upon price.

BACKGROUND:

The City recently received approval from the State of California for $1 million for the purchase of a new fire engine with a ladder attachment. The grant is a budget earmark appropriation submitted by Senator Caballero.

Golden State Fire Apparatus is the dealer for Pierce equipment in this region.

Staff received a proposal from Golden State Fire Apparatus for the desired fire engine, which is a total cost of $1,135,546.65. The City is requesting the Council to authorize the purchase when the State confirms the City can proceed and will be reimbursed.

DISCUSSION:

The City’s Fire Department has a significant need to replace a 33-year old fire engine, which is reaching the end of its useful life. It is proposed to be replaced with a Quint Aerial apparatus, which will serve the purpose of the existing

CITY COUNCIL

CONSIDERATION OF PURCHASE OF PIERCE QUINT AERIAL FIRE

APPARATUS
DECEMBER 13, 2022
PAGE 2 OF 4
apparatus and at the same time provide the King City Fire Department with an aerial capability. Quints are a dual-purpose apparatus that serve as an engine and have a ladder attachment to vertically apply water from above buildings.

This is an important feature necessary for the City to move forward with proposals for 3 and 4-story buildings in appropriate locations to help address serious housing and economic development needs.

The Fire Department recommends purchasing a Pierce apparatus to standardize its equipment. Pierce has become the most commonly utilized model of fire apparatus in California. Most importantly, there is a Pierce maintenance provider in Paso Robles, which will save significant costs, down time, and staff time by having a conveniently accessible maintenance vendor nearby.

Staff is proposing to complete the purchase through Sourcewell, which is a purchasing cooperative. They hold a wide range of competitively solicited purchasing contracts, including Golden State Fire Apparatus. By utilizing Sourcewell, the purchase will comply with State and City competitive bidding requirements.

A major concern staff has been trying to address is that there is a tremendous turnaround time for large fire apparatus orders at this time. The wait for an order to arrive could be up to 3 years. Pierce has one Quint in stock at this time. Staff has been waiting for confirmation from the State to proceed to ensure they will provide reimbursement. Grant programs often restrict reimbursement of any expenses incurred or contracted prior to execution of a funding agreement with the State.

Golden State Fire Apparatus has agreed to issue an order for the Pierce engine and reserve it for King City until staff receives written confirmation that proceeding with a purchase agreement prior to a formal agreement with the State won’t jeopardize the State’s reimbursement. This will also lock the price in at the current 2022 rate. After January 1, 2023, the price for the engine is scheduled to increase by approximately $73,000.

The earmarks have not yet been assigned to a State department for implementation, so staff has not had a contact who can review the City’s request.

Excerpts from State legislation have been obtained through Senator Caballero’s office, which appear to indicate reimbursements of prior expenses are allowed, but staff has been attempting to obtain some type of confirmation in writing to minimize any significant risk of proceeding with the purchase contract.

If it becomes necessary due to further delays in the State funding process, staff has developed a strategy of acquiring an option to purchase with Golden State

CITY COUNCIL

CONSIDERATION OF PURCHASE OF PIERCE QUINT AERIAL FIRE

APPARATUS
DECEMBER 13, 2022
PAGE 3 OF 4
Fire Apparatus. The City would enter into an agreement with Golden State Fire Apparatus to continue to hold the Quint engine for King City for a non-refundable deposit of up to $135,000, the City’s portion of the purchase cost. This would provide Golden State Fire Apparatus the security they need to assume the financial risk of the purchase from Pierce. It should avoid the risk of violating the State’s grant restrictions since it would not be a contract for purchase, just a contract for an option to purchase. There would be minimal risk of any loss of funds since the State has announced the funds are approved, and it would result in a savings of at least $73,000 by preventing the 2022 price increase.

Since the Council will not meet again until January 10th, staff is requesting authorization for the purchase contingent upon a State response at this time.

This will enable staff to move forward and process a purchase agreement to secure the last remaining vehicle in stock as soon as confirmation is received.

COST ANALYSIS:

The cost of the Quint fire apparatus is $1,135,546.35. It will be funded by $1 million from the State funds and $135,546.35 from the Fire facility development impact fee fund. Apparatus is an eligible expense from fire facility development impact fee fund. The Fund currently has a balance of approximately, $214,000.

ENVIRONMENTAL REVIEW:

This matter is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as it does not have the potential for resulting in either a direct physical change to the environment, or a reasonably foreseeable indirect physical change in the environment. No further action is required under CEQA for City Council action.

ALTERNATIVES:

The following alternatives are provided for City Council consideration:

1. Approve staff’s recommendation;

2. Do not approve staff’s recommendation and request staff to return for authorization when the State has provided a formal agreement;

3. Direct staff to proceed with the purchase at this time based upon the input received from the State thus far and accept any existing minor risks of experiencing a problem with reimbursement; or

4. Provide staff other direction.