King City City Council
January 10, 2023

Agenda
JANUARY-10-2023-AGENDA-PACKET.PDF
Meeting Materials
11D-RESOLUTION-OF-THE-CITY-COUNCIL-CONFIRMING-THE-CITY-MANAGERDIRECTOR-OF-EMERGENCY-SERVICES-PROCLAMATION-OF-EXISTENSE-OFA-LOCAL-EMERGENCY.PDF JANUARY-10-SUPPLEMENTAL-AGENDA.PDF

1. Documents:

2. Documents:

AGENDA

REGULAR MEETING OF THE

CITY OF KING CITY COUNCIL
AND
Sitting as SUCCESSOR AGENCY OF

THE RDA FOR THE CITY OF KING
AND
Sitting as PUBLIC FINANCING AUTHORITY

FOR THE CITY OF KING
TUESDAY JANUARY 10, 2023
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. None

6. PUBLIC COMMENT
Any member of the public may address the Council for a period not to exceed three minutes’ total on any item of interest within the jurisdiction of this Council that is not on the agenda. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda. Comments should be directed to the Council as a whole and not to any individual Council Member. Slanderous, profane or personal remarks against any Council Member, staff member or member of the audience is not permitted.

7. COUNCIL COMMUNICATIONS & COMMITTEE REPORTS
Individual Council Members may comment on Council business, his or her Council activities, City operations, projects or other items of community interest. Council Members may also request staff to report back at a subsequent meeting on any matter or take action to direct staff to prepare a staff report for a future agenda.

8. STAFF COMMUNICATIONS
Comments presented by the City Manager, City Attorney or other staff on City business and/or announcements.

9. CONSENT AGENDA
The following items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Members of the audience may speak on any item(s) listed on the Consent Agenda. Any Council Member, the City Manager, or the City Attorney may request that an item be withdrawn from the Consent Agenda to allow for full discussion.

The Council may approve the remainder of the Consent Agenda on one motion. Items withdrawn from the Consent Agenda may be considered by separate motions at the conclusion of the discussion of each item.

A. Consideration: Meeting Minutes of December 13, 2022, Council Meeting Recommendation: approve and file.

B. Consideration: City of King Check Register December 1, through December 31, 2022
Recommendation: receive and file.

C. Consideration: Successor Agency Check Register December 1, through December 31, 2022
Recommendation: receive and file.

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

E. Consideration: Special Meeting Minutes of December 05, 2022, Council Meeting
Recommendation: approve and file.

F. 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.

G. Consideration: An Ordinance Amending Abandoned Vehicle Restrictions in the City
Recommendation: waive the second reading by title only and adopt an Ordinance amending Chapter 10.26 of the King City Municipal Code pertaining to abandoned vehicles.

H. Consideration: Federal Aviation Administration and Caltrans Division of Aeronautics Grant Funding Application for Mesa Del Rey Airport Electrical Improvements
Recommendation: 1) adopt Resolution No. 2023-4924 to authorize the Public Works Director/Airport Manager to submit, accept, and execute a grant agreement with the Federal Aviation Administration (FAA) and Caltrans Division of Aeronautics for the Airport Improvement Program Fiscal Year 2023 Electrical Improvements; and 2) adopt a finding of a Categorical Exemption, pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines.

I. Consideration: Designating the Public Works Director/City Engineer to Sign Documents Related to the Chispa Mills Ranch Affordable Housing Project Recommendation: designate and authorize the Public Works Director/City Engineer to sign documents related to the CHISPA Mills Ranch Affordable Housing Project.

J. Consideration: Side Letters of Agreement with The King City Confidential Employees Association and The Service Employees International Union Local 521
Recommendation: 1) approve and authorize the City Manager to execute a First Side Letter of Agreement with the King City Confidential Employees Association (KCCEA) to amend provisions regarding holidays in their Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025; and 2) approve and authorize the City Manager to execute a First Side Letter of Agreement with the Service Employees International Union Local 521 (SEIU) to amend provisions regarding holidays in their Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025.

K. Consideration: Contract Services Agreement with CivicPlus for Website Services
Recommendation: 1) approve and authorize the City Manager to execute a contract services agreement with CivicPlus for redesign, development and implementation of a new website utilizing CivicEngage; 2) authorize the City Manager to make non-substantive changes to the agreement in a format approved by the City Attorney; and 3) appropriate $28,500 from the unappropriated General Fund balance for the project.

L. Consideration: 2023 Fireworks Permit Process
Recommendation: adopt a Resolution setting forth the number of permits to sell fireworks and the method of selection of permit holders.

M. Consideration: Contract Services Agreement with Bartle Wells Associates for Wastewater Financial Analysis and Rate Study
Recommendation: 1) approve and authorize the City Manager to execute a contract services agreement with Bartle Wells Associates for a Wastewater Financial Analysis and Rate Study; 2) authorize the City Manager to make non-substantive changes to the agreement in a format approved by the City Attorney; and 3) appropriate $28,000 from the Wastewater Fund for the study.

10. PUBLIC HEARINGS
None

11. REGULAR BUSINESS
A. Consideration: Preliminary FY 2023-24 and FY 2024-25 Budget Goals Recommendation: 1) approve by motion the proposed preliminary budget goals for FY 2023-24 and FY 2024-25; and 2) approve a date for the budget workshop.

B. Consideration: Proposed Local Sales Tax Community Engagement Process Recommendation: approve the recommended community engagement process for proposal and consideration of a potential 2024 local sales tax measure.

C. Consideration: Cannabis Cultivation Business Tax Rate Plan Recommendation: adopt a Resolution establishing future reductions in the cannabis cultivation business tax rate triggered by increases in square footage of total citywide operations.

12. CITY COUNCIL CLOSED SESSION
Announcement(s) of any reportable action(s) taken in Closed Session will be made in open session and repeated at the beginning of the next Regular City Council meeting as this portion of the meeting is not recorded.

None

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

Not official minutes of the meeting.

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

BOARD OF DIRECTORS

M E E T I N G HI G H L I G H T S
December 15, 2022

FAREWELL
Proclamations honoring the departing Board members were presented. The Authority appreciates the insight, dedication, professionalism, and commitment each member demonstrated during their service on the Authority Board of Directors. We wish them well in all their future endeavors.

Christie Cromeenes - Mrs. Cromeenes represented her jurisdiction well and faithfully, since being elected to the City of Salinas City Council. She shared her extensive knowledge and experience to ensure judicious actions by the Authority Board since her appointment on January 1, 2019. Mrs. Cromeenes served as the Authority Vice President in 2021 and 2022 and utilized her leadership role to engage in finding resolution to conflicts that led to significant decisions and helped move the agency forward.

John Phillips - Mr. Phillips represented his jurisdiction well and faithfully, since being appointed to the Authority Board of Directors in 2015 and shared his extensive experience and knowledge to ensure judicious actions by the Authority Board. He was instrumental in all significant decisions providing immeasurable contributions towards the Authority’s Mission, Vision, and Values, and did it professionally and wholeheartedly.

Drew Tipton - Mr. Tipton was elected to the City of Greenfield City Council in November 2018 and has represented his jurisdiction well and faithfully since his appointment to the Authority Board on January 1, 2019. He served as Authority Alternate Vice President in 2021 and 2022 and utilized his leadership role, knowledge, and experience to ensure judicious actions by the Authority Board for the better interest of all residents of the Salinas Valley.

APPROVAL OF SALARIES, BENEFITS, AND AMENDMENTS
The Board approved the resolution adopting Salaries and Benefits for the Field Operations Supervisors as Unrepresented Employees and Salary Schedule effective July 11, 2022. It also approved amendments to the Memorandum of Understanding between the Authority and the Administration, Finance, and Resource Recovery Benefits Committee, the At-Will Management Employees, and the contract with the General Manager.

FINANCIAL REPORT FOR MONTH ENDED OCTOBER 2022 (33.3% OF THE FISCAL YEAR) Revenue collected $ 8,570,099 (36.4% of Estimated Revenue of $23,271,850) Expenditures for operations $ 8,069,705 (38.7% of Operating Budget of $20,725,000) Cash balance $ 32,036,189
7(A)
Not official minutes of the meeting.
“Manejar los residuos sólidos del Valle de Salinas como un recurso, promocionando prácticas sostenibles y ecológicamente racionales y practicas costos eficaces a través de un sistema integrado de reducción, reutilización, reciclaje, tecnología innovadora, servicio al cliente y educación.”

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

JUNTA DIRECTIVA

N O T A S DE S T A C A D A S
15 de diciembre 2022
(Agencia gubernamental de gestión de residuos sólidos)

DESPEDIDA
Se presentaron proclamaciones en honor a los miembros del Consejo salientes. La Agencia aprecia la perspicacia, la dedicación, el profesionalismo y el compromiso que demostró cada miembro durante su servicio el Consejo de la Agencia. Les deseamos lo mejor en todos sus proyectos futuros.

Christie Cromeenes - La Sra. Cromeenes representó bien y fielmente su jurisdicción, desde que fue elegida para el Concejo Municipal de la Cuidad de Salinas. Compartió su amplio conocimiento y experiencia para garantizar acciones sensatas por parte del Consejo de la Agencia desde su nombramiento el 1 de enero de 2019. La Sra.

Cromeenes se desempeñó como vicepresidenta de la Agencia en el 2021 y 2022 y utilizó su papel de liderazgo para participar en la búsqueda de soluciones a los conflictos que condujo a decisiones importantes y ayudó a que la agencia avanzara.

John Phillips - El Sr. Phillips representó bien y fielmente a su jurisdicción, desde que fue nombrado miembro del Consejo Directivo de la Agencia en el 2015 y compartió su amplia experiencia y conocimiento para garantizar acciones juiciosas por parte del Consejo de la Agencia. Jugó un papel decisivo en todas las decisiones importantes que proporcionaron contribuciones inconmensurables hacia la misión, la visión y los valores de la Autoridad, y lo hizo de manera profesional y sincera.

Drew Tipton - El Sr. Tipton fue designado para el Concejo Municipal de la Ciudad de Greenfield en noviembre del 2018 y ha representado bien y fielmente su jurisdicción desde su nombramiento al Consejo de la Agencia el 1 de enero de 2019. Se desempeñó como vicepresidente Alterno de la Agencia en el 2021 y 2022 y utilizó su papel de liderazgo, conocimiento y experiencia para asegurar acciones juiciosas por parte del Consejo de la Agencia para el mejor interés de todos los residentes del Valle de Salinas.

APROBACIÓN DE SALARIOS, BENEFICIOS Y ENMIENDAS
El Consejo aprobó la resolución que adopta Salarios y Beneficios para los Supervisores de Operaciones de Campo como Empleados No Representados y Escala de Salarios a partir del 11 de julio de 2022. También aprobó enmiendas al Memorándum de Entendimiento entre la Agencia y el Comité de Beneficios de Administración, Finanzas y Recuperación de Recursos, los Empleados de la Gerencia a Voluntad, y el contrato con el Gerente General.

INFORME FINANCIERO DEL MES FIN ALIZADO EN OCTUB RE 2022 (33.3% DEL AÑ O FISCAL) Ingresos recaudados $ 8,570,099 (36.4% del Ingreso Estimado de $23,271,850) Gastos de operaciones $ 8,069,705 (38.7% del Presupuesto Operativo de $20,525,000) Saldo de caja $ 32,036,186

City Council Meeting
December 13, 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 and Council member Darlene Acosta, (Teleconference).

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

3.__FLAG SALUTE:

The flag salute was led by Chief Boyd.

4. CLOSED SESSION ANNOUNCEMENTS:

None
6:05 p.m. Council Member Acosta joined the meeting.

5.__PRESENTATIONS:

Mayor LeBarre presented a proclamation to Chief Keith Boyd for his service during his time here in King City.

6. PUBLIC COMMUNICATIONS:

Liz Hall- Waste Management gave an update on the community events run this year and how much recycling of items happened.

Griselda Torres, 406 N. Mildred Ave., spoke about the MST bus stops and disapproving of them. She and her neighbors were not aware of them being put in.

Sierra Betancourt, 644 Collins St., spoke about the MST bus stop and strange people waiting on or near her property for the bus, she doesn’t like it. She spoke to more trash because of more people being in front of her property.

Greg Bailey 641 King St., spoke about the MST bus stop and not being informed that this was going to happen. He is concerned about liability since it is on his property that someone could get hurt. He also is concerned about cars racing up and down King St. between the elementary schools and blowing through stop signs at the Mildred King St crossing. He has reached out to the Police Department and been blown off.

7. COUNCIL COMMUNICATIONS:

Council Member Cullen stated he had nothing to report tonight.

Mayor Pro Tem Victoria stated he had nothing to report tonight, however he wanted to thank the Police Department and Public Works for the help for the parade on Sunday. 9(A)

Council Member DeLeon had nothing to report out tonight.

Mayor LeBarre thanked Council member Cullen for setting up the Building Back Business Better lunch. He felt it was a great success.

8. CITY STAFF REPORTS AND COMMENTS:

City Manager Steve Adams stated that 2
nd annual Operation Santa Claus is Friday, and they need volunteers. New toy donation box is here at City Hall until Friday. Council you are invited to the City’s Christmas Party tomorrow. Progress is being made at the golf course.

City Attorney Roy Santos had nothing to report.

9. ELECTIONS
A. Consideration: Resolution No. 2022-4915 Canvassing and Declaring the Result of the November 8, 2022, Election
Action: Motion to 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, by Cullen seconded by DeLeon.

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

ABSENT: Council Members:

ABSTAIN: Council Members:

B. Oath of Office Administered by the City Clerk to Darlene Acosta, and Mike LeBarre Council member Acosta was sworn in on Monday by the City Clerk and City Clerk Erica Sonne swore in Council member Mike LeBarre.

C. Comments by Newly Elected Council Members
Council member Acosta stated she was thankful and that it is an honor and a pleasure and that she will faithfully and fully live out her duties.

Council member LeBarre stated that it is an honor to work with the City Council, staff, police department, fire department working together for what is better for our city.

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.

Nomination of Rob Cullen by Carlos Victoria for Mayor.

Nomination of Michael LeBarre by Carlos DeLeon.

Council member Cullen decided not to except the nomination.

Council member Michael LeBarre excepted the nomination.

Action: Motion to appoint Michael LeBarre Mayor of City Council by Council member Cullen and seconded

by Mayor Pro Tem Victoria.

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

ABSENT: Council Members:

ABSTAIN: Council Members:

Nomination of Mayor Pro Tem for Mayor Pro Tem Victoria by Council member Darlene Acosta.

Mayor Pro Tem Victoria excepted the nomination.

Action: Motion to appoint Mayor Pro Tem Victoria Mayor Pro Tem for 2 more years by Cullen and seconded by Acosta.

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

ABSENT: Council Members:

ABSTAIN: Council Members:

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
Action: Motion to board and committee assignments by DeLeon and seconded by Cullen.

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

ABSENT: Council Members:

ABSTAIN: Council Members:

10. CONSENT AGENDA:

A. Consideration: Meeting Minutes of November 22, 2022, Council Meeting B. Consideration: City of King Check Register November 16, through November 30, 2022 C. Consideration: City of King KCCP Payments for the Month of October 2022 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: State Water Resources Control Board Financial Assistance Application and

Agreement Authorizing Resolution for the Wastewater Treatment Plant and Recycled Water Project
F. Consideration: Adjustments to the FY 2022-23 Job Classification Plan G. Consideration: Authorization to Enter Into 10-Year Agreement with Axon Enterprises, Inc. for Law Enforcement Small Unmanned Aerial Systems and Interview Room Services H. Consideration: Designation and Liquidation of Surplus Equipment 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
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
Council member DeLeon pulled Item G.

Action: Motion to approve consent agenda items A—F and H-J by and Victoria seconded by Cullen.

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

ABSENT: Council Members:

ABSTAIN: Council Members:

Council Member DeLeon asked Chief Boyd to speak to item G explaining it. Chief Boyd gave an overview of this item.

Action: Motion to approve consent agenda item G by and DeLeon seconded by Acosta.

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

ABSENT: Council Members:

ABSTAIN: Council Members:

11. PUBLIC HEARING:

A. Consideration: An Ordinance Amending Abandoned Vehicle Restrictions in the City Chief of Police Keith Boyd introduced this item.

Mayor LeBarre opened the public hearing.

Greg Bailey asked what constitutes an abandon vehicle. Chief Boyd explained what an abandon vehicle is.

Seeing no one else come forward he closed the public hearing.

Mayor LeBarre read the title into the record.

Action: Motion to 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 by and DeLeon seconded by Cullen.

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

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

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 City Manager Adams introduced this item.

Elia Zavala, Waste Management further introduced this with a PowerPoint.

Patrick Mathews further introduced this item with the end of the PowerPoint Action: Motion to 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, by and Cullen seconded by DeLeon.

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

ABSENT: Council Members:

ABSTAIN: Council Members:

B. Consideration: CPI Adjustments to Cannabis Tax Rates City Manager Adams introduced this item.

Action: Motion to 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 by and Victoria seconded by Acosta.

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

ABSENT: Council Members:

ABSTAIN: Council Members:

C. Consideration: Purchase of Pierce Quint Areal Fire Apparatus City Manager Adams introduced this item.

Chief Nichols is available for questions. The engine will fit in the fire department garage even though it looks very large.

Rich Myers with Golden States was available for questions. He confirmed today with the lady from Pierce the engine is almost finished. At the end of January, it should be complete, inspected and shipped to California. It could be in King City sometime in February.

Action: Motion to 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 by Cullen seconded by DeLeon.

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

ABSENT: Council Members:

ABSTAIN: Council Members:

13. CITY COUNCIL CLOSED SESSION
None
ADJOURNMENT:

Mayor LeBarre adjourned the meeting at 7:54p.m. on a motion by Cullen and a second by Victoria.

Motion carried 5-0.

Approved Signatures:

Mayor, Michael LeBarre City Clerk, Erica Sonne
City of King City of King
Item No. 9(B)

REPORT TO THE CITY COUNCIL
DATE: JANUARY 10, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER
DECEMBER 1 THROUGH DECEMBER 31, 2022
RECOMMENDATION:

It is recommended City Council receive and file.

BACKGROUND:

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

DISCUSSION:

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

COST ANALYSIS:

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

ENVIRONMENTAL REVIEW:

No Environmental Review required for this item.

ALTERNATIVES:

The following alternatives are provided for Council consideration:

1. Receive and file the report; or

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

Item No. 9(C)

REPORT TO THE SUCCESSOR AGENCY TO THE FORMER KING CITY CDA DATE: JANUARY 10, 2023
TO: HONORABLE CHAIR AND MEMBERS OF THE BOARD
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF SUCCESSOR AGENCY CHECK
REGISTER FOR DECEMBER 1 THROUGH DECEMBER 31, 2022
RECOMMENDATION:

It is recommended the City Council acting as the Successor Agency Board receive and file.

BACKGROUND:

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

DISCUSSION:

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

COST ANALYSIS:

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

ENVIRONMENTAL REVIEW:

No Environmental Review required for this item.

ALTERNATIVES:

The following alternatives are provided for Council consideration:

1. Receive and file the report; or

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

Item No. 9(D)

REPORT TO THE CITY COUNCIL
DATE: JANUARY 10, 2023
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 NOVEMBER 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.

City Council Special Meeting
December 5, 2022

1.__CALL TO ORDER:

Special Meeting called to order at 5:00pm by Mayor LeBarre.

2.__ROLL CALL:

City Council: Mike LeBarre, Council member Darlene Acosta (teleconference), Rob Cullen, Carlos DeLeon, Mayor Pro Tem Carlos Victoria (teleconference).

City Staff: City Manager Steven Adams (teleconference); City Attorney Shannon Chaffin (by teleconference); City Clerk, Erica Sonne.

3.__FLAG SALUTE:

The flag salute was led by Mayor LeBarre.

4. PUBLIC COMMUNICATIONS:

None

5. Closed Session:

A. Conference With Legal Counsel – Pending Litigation
Pending litigation pursuant to Government Code Section 54956.9(d): (One case) WORKING FAMILIES OF MONTEREY COUNTY and EFRAIN AGUILERA, Petitioners, v. KING CITY PLANNING COMMISSION and KING CITY COUNCIL, Respondents, BEST DEVELOPMENT GROUP LLC, Real Party in Interest.

Council went into closed session at 5:03p.m.

Closed session ended at 5:46pm, came back to open session, no reportable actions.

Action: Motion to adjourn by Cullen and seconded by DeLeon.

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

ABSENT for motion: Council Members: Acosta, Victoria
ABSTAIN: Council Members:

ADJOURNMENT:

Mayor LeBarre adjourned the meeting at 5:48p.m.

Approved Signatures:

Mayor, Michael LeBarre City Clerk, Erica Sonne
City of King City of King
9(E)
Item No. 9 (F)

REPORT TO THE CITY COUNCIL
DATE: JANUARY 10, 2023
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
JANUARY 10, 2023
PAGE 2 OF 5
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
JANUARY 10, 2023
PAGE 3 OF 5
The findings were last approved by the City Council at the December 13, 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:

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
JANUARY 10, 2023
PAGE 4 OF 5
• If a member is exposed to COVID-19 and choses to participate virtually in order to limit the risk of exposing others;
• An increase in cases cause a change in restrictions that may require virtual attendance or make it preferable if masks were required; and • Other circumstances that may make it feasible to attend a meeting virtually when in-person attendance is not possible.

The City Attorney has drafted the attached Resolution, which will enable the City to maintain virtual attendance by Council, board and commission members at meetings if approved by a majority of the Council.

The Governor has announced that the COVID-19 State of Emergency will end on February 28, 2023. Therefore, beginning in March, the rules governing Council meetings will return to the original Brown Act provisions. As a result, Council Members will only be able to attend Council meetings remotely under restricted circumstances at that time.

COST ANALYSIS:

There are no anticipated costs for this action.

ENVIRONMENTAL REVIEW:

This action 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. Adopt the Resolution

2. Modify and adopt the Resolution;

RESOLUTION NO. 2023-4921

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) February 9, 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 10
th day of January, 2023 by the following vote:

AYES, Council Members:

NAYS, Council Members:

ABSENT, Council Members:

ABSTAIN, Council Members:

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

Item No. 9 (G)

REPORT TO THE CITY COUNCIL
DATE: JANUARY 10, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMES HUNT, INTERIM CHIEF OF POLICE
RE: CONSIDERATION OF AN ORDINANCE AMENDING

ABANDONED VEHICLE RESTRICTIONS IN THE CITY
RECOMMENDATION:

It is recommended the City Council conduct the second reading by title only and adopt an ordinance amending Chapter 10.26 of the King City Municipal Code pertaining to abandoned vehicles.

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
JANUARY 10, 2023
PAGE 2 OF 3
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 role 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 consistent with the current standards of law.

Therefore, 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. An ordinance was drafted to make this amendment. Introduction of the ordinance was approved by the City Council at the December 13, 2022 meeting.

DISCUSSION:

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.

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. 9(H)

REPORT TO THE CITY COUNCIL
DATE: JANUARY 10, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
BY: OCTAVIO HURTADO, DIRECTOR OF PUBLIC WORKS

MARICRUZ AGUILAR, PLANNER
RE: CONSIDERATION OF FEDERAL AVIATION ADMINISTRATION AND

CALTRANS DIVISION OF AERONATICS GRANT FUNDING

APPLICATION FOR MESA DEL REY AIRPORT ELECTRICAL

IMPROVEMENTS
RECOMMENDATION:

It is recommended City Council: 1) adopt Resolution No. 2023-4924 to authorize the Public Works Director/Airport Manager to submit, accept, and execute a grant agreement with the Federal Aviation Administration (FAA) and Caltrans Division of Aeronautics for the Airport Improvement Program Fiscal Year 2023 Electrical Improvements; and 2) adopt a finding of a Categorical Exemption, pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines.

BACKGROUND:

The proposed electrical improvements were originally the Additive Alternative No. 2 of the Airport Improvement Program (AIP) 2017 Runway Lighting Rehabilitation Project (Design Grant). In 2018, the City received AIP 2018 for Construction of the Runway Lighting Rehabilitation Project, and Alternative No. 2 of the design was not included in the base bid. On November 16, 2022, the Airport Advisory Committee (AAC) approved the Airport Capital Improvement Plan (ACIP) for 2023-2028 which includes the repackaging, bidding and construction of Additive Alternate 2 electrical improvements.

On November 29, 2022, the City submitted a pre-application checklist to the Federal Aviation Administration (FAA) to pursue a grant request for Fiscal Year 2023 for airport electrical improvements installation of Precision Approach Path Indicators (PAPI) and Runway End Identifier Lights (REIL) at Runway 11 (Construction Phase). NEPA environmental review and approval was done on August 3, 2017, as part of the AIP 2017 grant application.

CITY COUNCIL

CONSIDERATION OF FEDERAL AVIATION ADMINISTRATION AND CALTRANS

DIVISION OF AERONATICS GRANT FUNDING APPLICATION FOR MESA DEL REY

AIRPORT ELECTRICAL IMPROVEMENTS
JANUARY 10, 2023
PAGE 2 OF 4
DISCUSSION:

The proposed project entails installing a new Precision Approach Path Indicator (PAPI) and a Runway End Identifier (REIL) at Runway 11 and a new cross-airfield duct bank to the existing wind cone and the proposed REIL electrical system. These light improvements will assist pilots by guiding them to the runway. They are especially useful in foggy conditions. The total project area is 285,000 square feet. Approximately 6,000 square feet are at the Runway 11 end, 129,000 square feet are adjacent to the north of Runway 11-29, and 150,000 square feet are south of Runway 11-29. It is anticipated that the project will require one month to complete. Construction staging will be proposed at the south end of the apron with contractor access via a vehicle gate on Airport Drive. The haul route will be limited to the existing airfield pavement.

The installation of the PAPI and REIL electrical system will provide airport users with an additional level of safety during day/nighttime and low visibility periods. The construction of conduits and circuits will increase reliability of these systems. See Figure 1 below for the location of the proposed improvements.

Figure 1

CITY COUNCIL

CONSIDERATION OF FEDERAL AVIATION ADMINISTRATION AND CALTRANS

DIVISION OF AERONATICS GRANT FUNDING APPLICATION FOR MESA DEL REY

AIRPORT ELECTRICAL IMPROVEMENTS
JANUARY 10, 2023
PAGE 3 OF 4
COST ANALYSIS:

FAA provides grants of up to 90% of the cost. The remaining 10% is to be covered by local share. However, the City/Sponsor may apply for the State Matching Grant for FAA Airport Improvement Program (“Caltrans 5% Matching Funds”), which would help offset the local share amount.

The total project estimate is $525,000. The Federal Grant amount is proposed to be $472,500, Caltrans Grant request would be $23,625 and the City’s responsibility will be $28,875. If awarded Fund 15 Airport will be used to cover the local match requirement.

The local match can be provided as in-kind, staff time and contract staff time for project management. The City may also use it’s annual $10,000 CAAP funds to assist in the local match contribution.

ENVIRONMENTAL REVIEW:

Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Class 1 Categorical Exemption set forth in CEQA Guidelines, section 15301 as this project is for the electrical improvements on an existing facility and addition of safety devices for the existing airport runway that will provide an added level of safety to airport users during day/nighttime and low visibility periods. The electrical improvements will not result in the expansion of the airport runway. Furthermore, none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project.

The City submitted a Documented Categorical Exclusion form to the FAA for consideration of this project pursuant to FAA Order 1050.1F as it relates to the National Environmental Protection Act (“NEPA”). On August 3, 2017, the City received notification from FAA that the proposed project has complied with NEPA and that no further federal environmental disclosure documentation for this project was necessary for NEPA purposes.

ALTERNATIVES:

The following alternatives are provided for Council consideration:

1. Adopt the Resolution No. 2023-4924;

2. Modify and adopt the Resolution No. 2023-4924;

3. Do not approve submittal of the application; or

4. Provide staff other direction.

RESOLUTION NO. 2023-4924

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING

AUTHORIZING THE SUBMITTAL OF AN APPLICATION AND ACCEPTANCE OF

GRANT FUNDS FROM THE FEDERAL AVIATION ADMINISTRATION AND

CALTRANS DIVISON OF AERONAUTICS FOR THE MESA DEL REY AIRPORT

ELECTRICAL IMPROVEMENTS FOR INSTALLATION OF PRECISION APPROACH PATH INDICATORS (PAPI) AND RUNWAY END IDENTIFIER LIGHTS (REILs) AT RUNWAY 11, AIRPORT IMPROVEMENT PROGRAM 2023
WHEREAS, each year the City of King (City) is required to submit a five-year proposed Airport Capital Improvement Plan (ACIP) to the Federal Aviation Administration (FAA) and California Department of Transportation, Division of Aeronautics (Caltrans) to allow for appropriate planning and budgeting for future projects; and
WHEREAS, on November 16, 2022, the Airport Advisory Committee (AAC) approved the transmittal of the Mesa Del Rey Airport five-year ACIP to the FAA and Caltrans for FY 2023-2028; and
WHEREAS, the FAA and Caltrans requires the City of King to submit in this fiscal year a preliminary and final Airport Improvement Program (AIP) 2023 grant application for the repackaging and readvertising of the Mesa Del Rey Airport Electrical Improvements, installation of PAPIs and REILs at Runway 11; and WHEREAS, the proposed electrical improvements were originally designed as Additive Alternative No. 2 of Airport Improvement Program (AIP) 2017 Runway Lighting Rehabilitation Project (AIP 2017 Design Grant); and
WHEREAS, the AIP 2018 Construction Grant of the Runway Lighting Rehabilitation Project Additive Alternative No. 2 was not included in the base bid; and WHEREAS, a Categorical Exclusion form to the FAA for consideration of this project pursuant to FAA Order 1050.1F as it relates to the National Environmental Protection Act (“NEPA”) was submitted to FAA cleared by FAA on August 3, 2017, the City received notification from FAA that the proposed project has complied with NEPA and that no further federal environmental disclosure documentation for this project was necessary for NEPA purposes NEPA environmental review and approval was done on August 3, 2017 as part of the AIP 2017 grant application; and WHEREAS, the City has determined that the application and acceptance of grant funding, and scope of work for the electrical improvements is exempt (Categorical Exemption pursuant to CEQA Guidelines Section 15300, Class 1) existing facilities exterior alterations involving installation of a new PAPI and REIL electrical system for added safety elements at Runway 11, no expansions; and
Exhibit 1
WHEREAS, the City to complete an application for federal and state funding Fiscal Year 2023 for Electrical Improvements at Mesa Del Rey Airport for a new Precision Approach Path Indicator (PAPI) and a Runway End Identifier (REIL) at Runway 11 and a new cross-airfield duct bank to the existing wind cone and the proposed REIL electrical system (Construction Phase); and WHEREAS, the acceptance of this AIP grant funding requires the City to adopt a resolution authorizing the acceptance of an allocation of AIP grant funds, execution of the grant agreements, and certify the availability of local matching funds in connection with the project; and
WHEREAS, the City Council desires the City to receive the maximum of available FAA and Caltrans grants to be used for this project; and WHEREAS, the City Council authorizes the Public Works Director/Airport Manager to submit the FAA Grant Application for Fiscal Year 2023; and NOW, THEREFORE, BE IT RESOLVED, that at acceptance of the Federal Assistance for Fiscal Year 2023, the Public Works Director/Airport Manager of the City of King is authorized to enter into and sign the grant agreement and any subsequent amendments with the Federal Aviation Administration and Caltrans for the purpose of this grant.

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

1. Submittal of the preliminary and final application for FAA and Caltrans AIP grants for the Mesa Del Rey Airport Electrical Improvements installation of PAPIs and REILs at Runway 11 is hereby approved.

2. Upon a grant offer being received from the FAA and Caltrans, including amendments thereto are hereby approved and accepted when received, consistent with the constitutional and local law requirements.

3. The Public Works Director/Airport Manager and/or Designee are hereby authorized and empowered to execute on behalf of the City of King all required documentation upon prior approval as to form by the City Attorney.

PASSED AND APPROVED at a regular meeting of the City Council of the City of King City held January 10, 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

ATTEST: Michael LeBarre, Mayor
Erica Sonne, City Clerk
APPROVED AS TO FORM:
_____________________________________
Roy Santos
City Attorney
Exhibit 2
Item No.9 (I)

REPORT TO THE CITY COUNCIL
DATE: JANUARY 10, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DOREEN LIBERTO, AICP, COMMUNITY DEVELOPMENT

DIRECTOR
RE: CONSIDERATION OF DESIGNATING THE PUBLIC WORKS

DIRECTOR/CITY ENGINEER TO SIGN DOCUMENTS RELATED

TO THE CHISPA MILLS RANCH AFFORDABLE HOUSING

PROJECT
RECOMMENDATION:

It is recommended City Council designate and authorize the Public Works Director/City Engineer to sign documents related to the CHISPA Mills Ranch Affordable Housing Project.

BACKGROUND:

On August 10, 2021, the City Council designated and authorized the Chief of Police, Keith Boyd to sign documents related to the CHISPA Mills Ranch Affordable Housing Project (“Project”) since the City Manager lives within 500-feet of the Project. Since the Chief is leaving his post to accept the undersheriff position with the Monterey County Sheriff’s Office, the Public Works Director/City Engineer should be designated and authorized to sign documents on behalf of the City.

DISCUSSION
In August 2020, the Planning Commission approved architectural review for the CHISPA Mills Ranch Affordable Housing Project (“Project”). The 40-units Project will be located on five separate lots (8 units on each lot) created as part of the Mills Ranch Specific Plan in the mid-2000s. These lots were identified as part of Mills Ranch Inclusionary Housing program. There are several grants that may be used to help build the Project. The City Manager lives within 500-feet of the parcels, and therefore cannot participate in discussions on the Project. On August 10, 2021, the City Council designed the Police Chief to sign documents. Since the Police Chief is leaving his post, it is recommended the Public Works Director/City Engineer, be designated and authorized to sign documents on the Project.

Item No. 9 (J)

REPORT TO THE CITY COUNCIL
DATE: JANUARY 10, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
BY: VERONICA CONTRERAS, HUMAN RESOURCES MANAGER
RE: CONSIDERATION OF SIDE LETTERS OF AGREEMENT WITH

THE KING CITY CONFIDENTIAL EMPLOYEES ASSOCIATION

AND THE SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521
RECOMMENDATION:

It is recommended the City Council: 1) approve and authorize the City Manager to execute a First Side Letter of Agreement with the King City Confidential Employees Association (KCCEA) to amend provisions regarding holidays in their Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025; and 2) approve and authorize the City Manager to execute a First Side Letter of Agreement with the Service Employees International Union Local 521 (SEIU) to amend provisions regarding holidays in their Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025.

BACKGROUND:

Provisions in the existing MOU with KCCEA and SEIU set forth employment practices and policies regarding holiday leave. One of the items that has been negotiated in the past is closure of City offices between the Christmas and New Year’s Day holidays. Employees are paid utilizing a combination of holiday and personal leave during this period. However, given different work schedules, the implementation of these provisions is somewhat complicated and can be confusing.

Most of the City’s employees now work a 9/80 schedule. Under this schedule, they work 9-hour days Monday through Thursday. On Fridays, they alternate

CITY COUNCIL

CONSIDERATION OF SIDE LETTERS OF AGREEMENT WITH THE KING

CITY CONFIDENTIAL EMPLOYEES ASSOCIATION AND SERVICE
EMPLOYEES INTERNATIONAL UNION LOCAL 521
JANUARY 10, 2023
PAGE 2 OF 3
working an 8-hour day and having every other Friday off. Most of the issues identified relate to instances where their alternating Friday off falls on a holiday.

City and union/association representatives recently met to clarify concerns regarding the existing MOU holiday leave language. As a result, the first side letters of agreement have been drafted and agreed upon for Council consideration to address these clarifications.

DISCUSSION:

The proposed side letters of agreement replace the existing holiday leave sections. The amendments attempt to provide easier to understand language and address the following primary needed clarifications:
1) Under the 9/80 schedule, if an employee’s regularly scheduled Friday off falls on the day after Thanksgiving, they receive credit towards one of the days City offices are closed between Christmas and New Year’s Day.

However, that provision was not accurately stated in the existing MOUs, so the error was corrected in the side letters of agreement. 2) Under the 9/80 schedule, if an employee’s regularly scheduled Friday falls on the day after Thanksgiving, that would have been an 8-hour workday.

Therefore, they should receive credit for 8 rather than the full 9 hours of the workday it is transferred to. This was not clarified in the original MOU and is addressed in the side letters of agreement.
3) The City has scheduled staff so some now have their alternating days off on Mondays rather than Fridays. As a result, it was necessary to clarify how their holidays are addressed when one falls on their regularly scheduled alternating Monday off.

COST ANALYSIS:

The amendments provide clarification only and do not change any substantive terms of the MOUs. Therefore, there is no cost impact from the recommended action.

ENVIRONMENTAL REVIEW:

Labor agreements are not a “project” for the purposes of the California Environmental Quality Act (CEQA) as they do not have the potential for resulting in either a direct physical change to the environment or a reasonably foreseeable

FIRST SIDE LETTER OF AGREEMENT

BETWEEN THE KING CITY CONFIDENTIAL EMPLOYEES ASSOCIATION

AND THE CITY OF KING
This side letter is entered into by and between the King City Confidential Employees Association (“KCCEA”) and the City of King (“City”).

RECITALS
A Memorandum of Understanding (MOU) between the King City Confidential Employees Association (“KCCEA”) and the City is in effect for the period of July 1, 2022 to June 30, 2025.

1. 2. The parties have discussed the provisions regarding holidays and work schedules that include rotational days off and have mutually agreed to add the guidelines listed below in Article IV, Section 5 of the current MOU.

AGREEMENT
It Is therefore agreed that the City and KCCEA will Implement the following changes, effective January 10, 2023:

1. ARTICLE IV; SECTION 5 is amended to read as follows:

SECTION 5 - HOLIDAY LEAVE

5.1 The City shall provide employees holiday pay as stated herein.

5.2 The following days shall be approved City holidays:

January 1 (New Year’s Day)
The third Monday in January (Dr. Martin Luther King, Jr.) The third Monday in February (President’s Day)
The last Monday in May (Memorial Day)
June 19 (Juneteenth)
July 4 (Independence Day)
The first Monday in September (Labor Day)
November 11 (Veteran’s Day)
Thanksgiving Day
Day after Thanksgiving
December 24 (Christmas Eve)
December 25 (Christmas)
One day between Christmas and New Year’s Day
In order to be paid for a holiday, the employee must work the scheduled work period immediately before and after the holiday, unless the employee is absent

5.3 Exhibit 1
from the scheduled work period immediately before and after as a result of authorized paid leave.

Full time employees shall be allowed time off with pay at the employee’s straight time hourly rate for any holiday provided in this MOD, unless required to report to work by the department head in order to maintain City services.

Employees subject to the wage and hour provisions of the United States Fair Labor Standards Act required to work on a holiday shall receive either paid time, calculated at one and one-half {V/t) times their prevailing pay rate, or compensatory leave time, credited at one and one-half (114) hours, for each hour worked on the holiday.

Floating Holidays
Employees shall be credited with three (3) floating holidays, (total of twenty-four, 24 hours) on January 1 of each calendar year.

Floating holidays not taken within the calendar year, January 1 through December 31, shall be forfeited.
a.
b.

5.4 5.5

5.6 If a holiday falls on a Saturday, the prior Friday shall be considered the holiday.

If a holiday falls on a Sunday, Monday shall be considered the holiday.

City operations shall be closed between Christmas Eve and New Year’s Day.

Employees will utilize vacation leave, compensatory time, and/or floating holidays for any days that are normally working days during that period.

5.7 5.8

5.9 Under a 9/80 work schedule, the following shall apply; 9/80 Schedule for Reference
9/80 Schedule - 9 workdays, 80 hours over a two-week period

SUN MON TUBS WED THURS FRI SAT
9 9 9 9 8
9 9 9 9 OFF
When any day granted as a holiday falls on the rotational Friday off (when the employee would not be regularly scheduled to work), the prior Thursday shall be considered the holiday,
if the alternating day off is scheduled on a day other than Friday, and a holiday falls on the alternating day off, the following day shall be considered the holiday.

Employees not normally scheduled to work on the Friday after Thanksgiving shall instead receive eight (8) hours towards holiday pay to be used on one of the days between Christmas Eve and New Year’s Day.
a.
b.
c.

All provisions approved in this First Side Letter of Agreement amending the existing MOD shall be incorporated herein and remain in effect through the extension of the MOL) as provided by this side letter of agreement. All other terms and conditions of employment outlined in the MOL) and previous side letters remain unchanged and in full effect.

Agreed to this day of January, 2023.

FOR THE CITY OF KING: FOR THE ASSOCIATION:

Steven Adams, City Manager Andrea Wasson, President
Exhibit 2

Item No. 9 (K)

REPORT TO THE CITY COUNCIL
DATE: JANUARY 10, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF CONTRACT SERVICES AGREEMENT

WITH CIVICPLUS FOR WEBSITE SERVICES
RECOMMENDATION:

It is recommended the City Council: 1) approve and authorize the City Manager to execute a contract services agreement with CivicPlus for redesign, development and implementation of a new website utilizing CivicEngage; 2) authorize the City Manager to make non-substantive changes to the agreement in a format approved by the City Attorney; and 3) appropriate $28,500 from the unappropriated General Fund balance for the project.

BACKGROUND:

The City last updated its website nearly seven years ago. The technology format of the website is outdated with limited capabilities. The current design is also not user friendly regarding the ability of the public to easily find the information they are looking for. As a result, staff included a goal and funding in the existing FY 2021-22/ FY 2022-23 Biennial Budget to acquire professional services to create a new City website.

The City distributed a Request for Proposal for redesign, development and implementation of a new City website in June 2022. The proposals were due on July 21, 2022. Two proposals were received, one from CivicPlus and the second from Granicus. These are the leading public sector website firms in the country.

A staff selection committee reviewed the proposals, interviewed the firms, ranked the proposals, contacted references, viewed websites of other clients, and made a final selection.

CITY COUNCIL

CONSIDERATION OF CONTRACT SERVICES AGREEMENT WITH

CIVICPLUS FOR WEBSITE SERVICES
JANUARY 10, 2023
PAGE 2 OF 3
DISCUSSION:

The selected firm is CivicPlus and the website software product is called CivicEngage. A copy of the proposed Agreement is attached in Exhibit 1, and a copy of their proposal is attached in Exhibit 2.

CivicPlus is based in Manhattan, Kansas and has over 12,000 customers. The website will be customized for the City of King, but since they have designed many city agency websites, it will reduce the work on staff by utilizing their website framework and expertise. The products are state-of-the-art, which will significantly enhance the ability of the public to access information and conduct business online. CivicPlus websites are attractive and functional. Their firm also provides 24/7 technical assistance.

Despite the extensive staff support CivicPlus will supply, the process will be labor intensive for City staff. The schedule to design and launch the new site is projected to take 18 to 32 weeks.

COST ANALYSIS:

Costs of the two proposals were relatively close to the same, but CivicPlus was slightly less. The cost of the Agreement will be $30,943.60 the first year, including the design development process. Ongoing support and software costs will start at $10,366 the second year and increase by a maximum of 5% each year thereafter.

The City Council budgeted $22,500 in the FY 2021-22/FY 2022-23 Biennial Budget for the project. However, $20,000 of that was budgeted in FY 2021-22, which was not expended because the project was delayed due to the pandemic.

Therefore, it needs to be reappropriated and increased in order to address the costs of the proposed Agreement.

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:

Exhibit 1

EXHIBIT 2

Item No. 9 (L)

REPORT TO THE CITY COUNCIL
DATE: JANUARY 10, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF 2023 FIREWORKS PERMIT PROCESS
RECOMMENDATION:

It is recommended the City Council adopt a Resolution setting forth the number of permits to sell fireworks and the method of selection of permit holders.

BACKGROUND:

In 2011, the City Council adopted Ordinance Number 691 establishing Chapter

7.34 of the King City Municipal Code governing the limited allowance of the sale and use of safe and sane fireworks in the City limits. Section 7.34.030(c) calls for the City Council, in the calendar month of January, to set by Resolution or by minute order the number of permits to be issued for the sale of safe and sane fireworks, the form of application for such permit and for the method of selection.

DISCUSSION:

A number of changes have been implemented to the fireworks booth permit process the past several years to address concerns identified by non-profit groups that have participated. Staff believes the process has worked well since the last changes were made with no complaints, so no changes are recommended this year. The Resolution sets forth that a maximum of three fireworks booth permits will be issued with no permits allotted to pre-designated groups. If more than three applications are received, a lottery will be conducted at the March 28, 2023 Council Meeting. Due to a lower number of applications, no lottery has been necessary the past few years.

This action deals only with safe and sane fireworks. The City has received a number of ongoing complaints regarding the amount of illegal fireworks that are discharged during the July 4th holiday period. As a result, fine amounts and

Item No. 9 (M)

REPORT TO THE CITY COUNCIL
DATE: JANUARY 10, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF CONTRACT SERVICES AGREEMENT

WITH BARTLE WELLS ASSOCIATES FOR WASTEWATER

FINANCIAL ANALYSIS AND RATE STUDY
RECOMMENDATION:

It is recommended the City Council: 1) approve and authorize the City Manager to execute a contract services agreement with Bartle Wells Associates for a Wastewater Financial Analysis and Rate Study; 2) authorize the City Manager to make non-substantive changes to the agreement in a format approved by the City Attorney; and 3) appropriate $28,000 from the Wastewater Fund for the study.

BACKGROUND:

At the May 28, 2019 meeting, the City Council adopted wastewater rate increases, which took effect on July 1, 2019. The recommended rates were established based upon a comprehensive rate study prepared under contract by Bartle Wells Associates. It included approved rate increases over a 5-year period.

Therefore, the City is in the 4
th year of the 5-year rate plan. An additional rate
study was not anticipated to be needed until 2024. However, due to the City’s State grant application for funding to construct the new wastewater treatment plant and recycled water project, staff is recommending the City commence the next wastewater rate study at this time.

DISCUSSION:

Staff and the City’s wastewater treatment plant engineering design consultants are preparing an application for State funding for the proposed new wastewater

CITY COUNCIL

CONSIDERATION OF CONTRACT SERVICES AGREEMENT WITH BARTLE

WELLS ASSOCIATES FOR WASTEWATER FINANCIAL ANALYSIS AND

RATE STUDY
JANUARY 10, 2023
PAGE 2 OF 4
treatment plant and recycled water project. As part of the grant process, the City will need to demonstrate that customer rates will support operation of the project.

The original rate study was designed to ensure rates would generate the revenue needed for both the project capital and operational costs. However, a number of changes have occurred since that time, so the study needs to be updated to provide the data necessary for the grant process.

There are three major changes in the cost assumptions that need to be addressed through the rate study update. First, projected project costs have increased dramatically. Second, State funding has increased so assumptions for grant funding have increased. Third, given the increase in State funding, staff is proposing the City apply for a grant that would fund construction of both the secondary treatment plant and the tertiary treatment (recycled water) project.

The original rate study assumed the City would only fund the secondary treatment and the tertiary treatment facility would be funded by Cal Water.

Therefore, the net result may be that the cost to the City for construction will decrease due to State grant funds, while the cost of operation may increase by adding the tertiary treatment facility.

There are a lot of variables in the process since the City does not yet know how much State funding will be awarded, how the financial relationship will be structured with Cal Water regarding recycled water, and what type of subsidies and customer agreements will be involved in sale of the recycled water. Project cost estimates are also being refined through the design process. In addition, some of the initial financial analysis is needed as quickly as possible for the grant application process and can’t wait for the full rate study process and adoption.

As a result, it is proposed to conduct the rate study in three phases.

The proposed phased scope of work is as follows:

Phase I – An initial update of the financial model and evaluation of rate projections that account for new grant assumptions, updated operating and capital cost estimates for the wastewater treatment plant project, and extension of 2 – 3 years of additional rate adjustments.

Phase II – A subsequent update of the financial model and evaluation of rate projections based on revised cost estimates, feedback from the State on grant funding amounts, concepts on what the participation of Cal Water will be regarding recycled water funding and service, and what the rates and subsidy will be for recycled water.

CITY COUNCIL

CONSIDERATION OF CONTRACT SERVICES AGREEMENT WITH BARTLE

WELLS ASSOCIATES FOR WASTEWATER FINANCIAL ANALYSIS AND

RATE STUDY
JANUARY 10, 2023
PAGE 3 OF 4
Phase III – A final update of the financial and rate projections based on direction received from the State on grant funding, final operating and capital cost projections, and terms of an arrangement made with Cal Water regarding recycled water. This phase will include development of a final wastewater rate study, assistance with the Proposition 218 rate increase process, participation in a public workshop, and presentation of findings and recommendations to City Council.

Staff was pleased with the work from Bartles Wells Associates during the prior rate study. Since the data is needed quickly, it is recommended to contract with the same consultant to avoid the time required for a request for proposal (RFP) process, and they already have the financial model and base data needed to begin.

COST ANALYSIS:

The proposed total cost of all three phases of the study is $28,000, which will be funded from the Wastewater Fund.

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 recommendations;

2. Request changes to the Agreement;

3. Direct staff to instead prepare and distribute an RFP for consultant services;

4. Do not approve staff’s recommendations and do not contract for a rate study at this time; or

5. Provide staff other direction.

Exhibits:

1. Proposed Contract Services Agreement

2. Bartle Wells Associates Proposal

Item No. 11 (A)

REPORT TO THE CITY COUNCIL
DATE: JANUARY 10, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF PRELIMINARY FY 2023-24 AND FY 2024- 25 BUDGET GOALS
RECOMMENDATION:

It is recommended the City Council: 1) approve by motion the proposed preliminary budget goals for FY 2023-24 and FY 2024-25; and 2) approve a date for the budget workshop.

BACKGROUND:

The first step in the City’s budget process is to establish budget goals and priorities, which staff will use to develop budget recommendations. Each department was requested to submit annual operational goals based on what they believe can be accomplished assuming existing staffing and budget resources remain relatively the same as FY 2022-23 or those where funding sources have been identified. The proposed goals were then reviewed and approved by the City Manager in order to coordinate individual department goals to address overall City needs.

Major citywide goals are also recommended by the City Leadership Team, which were discussed and agreed to at the recent annual staff retreat. The major citywide goals are an identification of important priorities for the City. Unlike the operational goals, they are not based upon projected revenues. Instead, the intent is to agree on areas where any available discretionary revenues and staff resources will be directed. As a result, they provide important direction to staff to assist in preparation of the budget recommendations. Establishment of major citywide priority goals is part of an attempt to target the City's efforts on a few critical areas in order to more effectively make important progress. The recommendations are developed early in the year in an attempt to provide more time for budget analysis and preparation.

CITY COUNCIL
CONSIDERATION OF PRELIMINARY FY 2023-24 AND FY 2024-25 BUDGET GOALS
JANUARY 10, 2023
PAGE 2 OF 10
It is important to note that minimal discretionary revenues are anticipated at this time due to failure of the local sales tax measure. Staff is assuming the budget will primarily be status quo for the upcoming two years. However, that makes the establishment of major priorities even more important to help staff be strategic with any excess revenues identified and to direct staff resources in the high priority areas.

DISCUSSION:

There are some changes to the recommended major priorities this budget cycle which reflects the progress that has been made on prior goals, such as paying off the debt, implementation of the Comprehensive Plan to End Youth Violence, and downtown revitalization. The recommended major priority goals for the upcoming budget include the following:
• Maintain existing service levels and programs and complete existing priority projects.
• Repair and upgrade City facilities, street and wastewater infrastructure. • Plan and obtain grant funding for sustainability and resiliency projects. • Expand community outreach efforts.
• Promote and facilitate the development of increased housing units. • Begin the process or begin to reserve funding for a comprehensive upgrade of the Municipal Code.

The following are recommended budget goals for each City department:

City Manager
• Coordinate with the Salinas Valley Waste Authority to solicit proposals for refuse and recycling services with other South Monterey County jurisdictions.
• Update the City’s Personnel Rules and Regulations.
• Launch the new City’s website.
• Coordinate with the other South Monterey County cities to obtain funding and construction of the proposed broadband system.

CITY COUNCIL
CONSIDERATION OF PRELIMINARY FY 2023-24 AND FY 2024-25 BUDGET GOALS
JANUARY 10, 2023
PAGE 3 OF 10
• Implement the new homeless permanent supportive housing project. • Coordinate a new Cyclovia event.
• Expand community outreach efforts.
• Develop and implement a comprehensive planning and public outreach effort on the long-range financial plan enhancement needs and local sales tax measure.
• Implement the City Hall remodel project.
• Complete downtown outdoor dining projects.
• Obtain grant funding for a citywide parking strip beautification project. • Coordinate preparation and submittal of a Community Development Block Grant application.
• Coordinate the grant application package submittal for funding for construction of the Wastewater Treatment Plant and Recycled Water Project funding.

City Attorney
• Increase participation in project review committee meetings and proactive legal review of project applications.
• Provide comprehensive staff code enforcement training for safety and enforcement.
• Provide employment law and ethics training.
• Draft a local sales tax measure for the 2024 ballot.
• Assist the Human Resources Manager with update of the City’s personnel regulations.

CITY COUNCIL
CONSIDERATION OF PRELIMINARY FY 2023-24 AND FY 2024-25 BUDGET GOALS
JANUARY 10, 2023
PAGE 4 OF 10
Building
• Continue to conduct all non-engineered and most engineered plan checking in-house.
• Continue to improve public access to the new permit tracking software (Citizenserve) which allows the applicants to track their projects throughout the review process and submit their application(s) digitally over the internet.
• Train and cross-train all front counter staff to take in building permit applications, payments, plan reviews, and permit submittals. • Conduct annual review of Building Permit files to ensure documents are purged per the City’s records retention policy.
• Continue to improve digital plan review processes in an effort to reduce paper waste.
• Decrease turn-around time on all plan reviews.
• Periodic updates to the Building Department’s web page and handouts. • Implementation of the newly adopted 2022 CA Building Codes.

Community Development
• Update City’s Zoning and General Plan land use maps to include all past amendments and process any corrections by utilizing the new GIS online ESRI membership.
• Transition processing of Cannabis Operations Permit Applications to the Citizenserve online system.
• Obtain grant funding for Union Pacific approval and grant funding for construction of the King City Multimodal Transit Center. • Continue to coordinate with the County of Monterey on development of strategies to obtain grant funding to establish a D’Anza trail along the Salinas River.

CITY COUNCIL
CONSIDERATION OF PRELIMINARY FY 2023-24 AND FY 2024-25 BUDGET GOALS
JANUARY 10, 2023
PAGE 5 OF 10
• Organize past Community Development electronic file and assist the Public Works Department in organizing the Airport electronic and hard copy files.
• Complete update of the Land Use Element by Fall of 2023. • Complete update of the Housing Element and other General Plan policies related to housing by December 2023.
• Expand the boundary of the East Ranch Business Park Specific Plan to incorporate the M-1, M-2, and M-3 Zones.
• Develop a program to monitor and enforce affordable housing agreements.

Finance
• Contract for a Transient Occupancy Tax audit program. • Complete the Fiscal Year Audits by November 30th.
• Implement of the upgrade of the new Financial software system. • Prepare and evaluation of transferring the business licenses system to the new Incode 10 Financial software system.
• Provide monthly financial reporting to the leadership team for continued budget management.
• Monitor the King City Community Power costing and prepare reporting of performance.
• Complete moving 40% of the City’s key vendors to the Automatic Clearing House (ACH) payment system.

Fire
• Purchase and install a new light bar for the Fire Department Utility Truck # 8561.
• Acquire and implement use of a Hurst edraulic combo tool and cutter package.

CITY COUNCIL
CONSIDERATION OF PRELIMINARY FY 2023-24 AND FY 2024-25 BUDGET GOALS
JANUARY 10, 2023
PAGE 6 OF 10
• Establish a rotation program to incrementally replace expired selfcontained breathing apparatus bottles. • Purchase additional 6” large diameter hose to support the new Quint aerial apparatus.
• Install security fending at exterior of Fire Station. • Expand hand-held radio equipment.
• Implement a Firefighter I certification program.
• Expand public disaster preparedness training.
• Complete coordination with agencies and large businesses in the development and inventory of emergency plans.

Police
• Expand the community outreach program to include monthly events held at local businesses, a weekly community meeting with the Chief of Police at a local business, and establishment of a Community Police Academy. • Establish a Police Chaplain Program.
• Continue replacement of mobile Data Computers in police vehicles to ensure each vehicle has one available for officers to use. • Continue to host POST certified classes at the King City Police Department to increase training opportunities and reduce training costs. • Establish a downtown foot patrol and business outreach program. • Expand the security camera system to increase coverage in areas where crime data indicates the need for additional coverage.
• Coordinate with the Monterey County Sheriff’s Department and other South County agencies to establish joint efforts including joint training, inter agency staffing and overtime needs, coordinated response to traffic related issues, and coordination of criminal investigations impacting the entire region.

CITY COUNCIL
CONSIDERATION OF PRELIMINARY FY 2023-24 AND FY 2024-25 BUDGET GOALS
JANUARY 10, 2023
PAGE 7 OF 10
• Audit records currently retained by the department and create a plan to purge records in accordance with established retention schedules. • Establish a School Resource Officer Program in partnership with both school districts with a focus on outreach activities to at-risk youth. • Expand the current Narcan training and distribution project. • Fully implement the provisions of the Tobacco Grant through community education, business outreach, compliance checks, and enforcement activities.
• Implement Code Enforcement of new State organics recycling requirements.

Public Works
• Complete construction of the Downtown Streetscape project. • Complete construction of the Downtown Plaza project.
• Complete project specifications, construction drawings and solicit bids for construction of the Bike Path project.
• Receive project approval, enter into necessary agreements with Union Pacific and Amtrak, complete project specifications and construction drawings of Phase I of the Multimodal Transportation Project and obtain grant funding for construction.
• Complete project specifications, construction drawings and solicit bids for construction for the Wastewater Treatment Plant and Recycled Water Project.
• Obtain grant funding and solicit bids for construction for the roundabout project at Broadway and San Antonio Drive.
• Design and implement crosswalk improvements adjacent to schools. • Repair and restore the Broadway Circle water fountain. • Complete additional prioritized Americans with Disabilities Act (ADA) improvements at various City facilities.

CITY COUNCIL
CONSIDERATION OF PRELIMINARY FY 2023-24 AND FY 2024-25 BUDGET GOALS
JANUARY 10, 2023
PAGE 8 OF 10
• Complete the 2023 and 2024 King City Street Project.
• Complete the 2023 and 2024 King City San Lorenzo Sediment Removal Projects.
• Complete the Mesa Del Rey Airport electrical improvements. • Design a plan for expansion of hangars at the Mesa Del Rey Airport. • Install a centralized irrigation system for all City parks. • Complete the 2024 and 2025 King City Tree Trimming project of all City street trees in the northwest and northeast quadrants of the City. • Complete the 2024 and 2025 King City Citywide Street Restriping projects.
• Continue employee training program to satisfy regulatory requirements and increase employees’ personal growth in the industry. • Prepare Mesa Del Rey Airport grounds and perimeter maintenance program and complete landscape improvements along airport frontage. • Develop Construction General Permit for Stormwater Compliance Monitoring Program.
• Solicit Statement of Interest and Qualifications for Engineering and Planning Consulting Services to retain the professional services of a qualified airport consulting firm.
• Continue to reduce trash in City streets as measured in the bi-annual trash assessment.

Recreation
• Obtain Lifeguard Instructor Certification so the City can provide low-cost pool certifications to pool staff.
• Offer expanded programming for water exercise, lap swimming and lessons, deep-water fitness and family swimming hours, and Teen Nights.

CITY COUNCIL
CONSIDERATION OF PRELIMINARY FY 2023-24 AND FY 2024-25 BUDGET GOALS
JANUARY 10, 2023
PAGE 9 OF 10
• Offer summer hiring incentives for staff, including mid-season step increases
• Monitor and track Sports Field Improvement Plan recommendations to periodically close and restore fields on an annual or biennial basis. • Partner with King City High School and other regional recreation programs to collaborate and expand programming in King City, such as outdoor youth fitness classes, off season sports camps and youth camps. • Continue to liaison with The First Tee for Monterey County for the City, and expand collaborative programming opportunities at golf course and Recreation Center.
• Expand use of tennis courts and organize small league and instructional classes.
• Develop a plan for renovation of the tennis courts to be ADA accessible, and expand uses to include pickleball.
• Identify opportunities for new senior activities, including exercise and activity classes and utilize the Meyer Center for senior activities. • Identify and apply for swimming lesson grants to provide King City children free swimming lessons.
• Attend Emergency Operations Center Public Information Officer (PIO) training.

A copy of the proposed budget calendar is attached. Please note that the Budget Workshop is proposed for Thursday, May 30, 2023 at 4:00 p.m.

COST ANALYSIS:

There is no fiscal impact of the recommended action. However, the major citywide goals are intended to be areas where additional funding is allocated in the future.

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

Item No. 11 (B)

REPORT TO THE CITY COUNCIL
DATE: JANUARY 10, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF PROPOSED LOCAL SALES TAX

COMMUNITY ENGAGEMENT PROCESS
RECOMMENDATION:

It is recommended the City Council approve the recommended community engagement process for proposal and consideration of a potential 2024 local sales tax measure.

BACKGROUND:

The City Council approved placing a local sales tax measure on the November 8, 2022 ballot to help address priority unfunded needs in the community. Measure I narrowly failed by 52.78% No to 47.22% Yes. The measure would have increased the local sales tax by .5 cent from 1 to 1.5%. The entire tax would sunset after 10 years, and it was estimated that it would have generated $1.2 million annually. The purpose of the revenue was to fund major needs identified in the City’s Long-Range Financial Plan, including enhancements to public safety, street improvements, park maintenance, deferred facility repairs and upgrades, sports program staffing, and unanticipated expenditures.

The impact of the measure failing means the City’s budget will likely be primarily status quo with few enhancements. Given the importance of addressing these needs, staff is recommending the City launch a more extensive community outreach effort in preparation of placing the measure on the November 2024 ballot. Since staff cannot be directly involved in advocating for the ballot measure, it is recommended the efforts to educate the public on the needs and plans for the funding well in advance of the election. Therefore, staff has developed recommendations for a comprehensive effort for consideration by the City Council.

CITY COUNCIL

CONSIDERATION OF PROPOSED LOCAL SALES TAX COMMUNITY

ENGAGEMENT PROCESS
JANUARY 10, 2023
PAGE 2 OF 5
DISCUSSION:

Issues
There were a number of issues that staff believe caused the measure to fail that are proposed to be addressed for the next attempt.
• The amount of community outreach was insufficient. The people that attended meetings where the objectives were presented were generally supportive, but a large portion of the general public did not fully understand the importance of the needs to be addressed. • No advocacy group or efforts materialized. As a result, many people leaned toward voting no since there was a heightened focus on the impact of the price of goods and services due to the existing high rate of inflation. • Not enough detail was provided to the public on the proposed expenditures. The Long-range Financial Plan provided general categories of proposed expenditures, but it would have been more effective for the public to know specific proposals on services and projects in order to obtain their support. For example, in addition to how the funds would be allocated, details on which facilities will be upgraded, what streets will be paved, and what public safety improvements will be implemented would enable the City to provide a more clear proposal to the public for expenditures.
• While the City obtained data from the public on priority needs, which was used in identifying the major needs, it did not have data on public opinion on funding measures that would help in designing outreach efforts.

Process
The following steps and schedule are recommended in preparation for the next local sales tax measure proposal.
7/1/23 Develop specific plan for local sales tax expenditures:

As part of the budget process, it is recommended staff prepare a detailed plan for future expenditures from the proposed local sales tax measure. In addition to the Long Range Financial Plan, a specific document will be drafted that details the proposed expenditures.

CITY COUNCIL

CONSIDERATION OF PROPOSED LOCAL SALES TAX COMMUNITY

ENGAGEMENT PROCESS
JANUARY 10, 2023
PAGE 3 OF 5
8/15/23 Select consultant to perform public opinion survey on proposed measure:

An RFP will be released for proposals to select a firm to prepare a public opinion survey. This step has been used by a majority of cities proposing tax measures.
10/31/23 Complete contract public opinion survey on proposed measure:

The survey will provide valuable data to use in addressing public concerns when designing the community engagement measures. 2/1/24 Distribute local sales tax expenditure plan to all households:

The document outlining the specific proposed expenditures will be sent to all households.
2/15/24 Begin outreach efforts to community groups on local sales tax measure plan.

Meetings and presentations will be scheduled with community groups to present and discuss the expenditure plan and proposed local sales tax measure.
3/1/24 Develop community stakeholder advocacy group.

Stakeholder groups with a direct interest in projects and services included in the expenditure plan will be contacted and requested to provide a representative to participate in a stakeholder advocacy group. The group will advise and participate in the community engagement measures. They will then have the option of ultimately coordinating advocacy efforts.
4/1/24 Schedule and promote public workshops on proposed local sales measure plan.

Public workshops will be scheduled to present the plan and proposed sales tax measure to the general public, to obtain public input, and to answer questions.
6/30/24 Develop youtube video on local sales tax measure plan and specific budget expenditure plan.
‘

CITY COUNCIL

CONSIDERATION OF PROPOSED LOCAL SALES TAX COMMUNITY

ENGAGEMENT PROCESS
JANUARY 10, 2023
PAGE 4 OF 5
The youtube video will feature City staff and officials explain the needs, proposed expenditure plan components, and the proposed revenue strategy. Once uploaded, an outreach effort will promote viewing the video by the public.
8/8/24 Approve placing measure on the November 2024 ballot.

Approval of placing the local sales tax measure on the ballot, along with the ballot argument, will be presented to City Council for consideration.
9/15/24 Schedule public information meetings with community groups on proposed measure.

City staff will schedule public informational meetings on the proposed measure. If the Stakeholder Group undertakes advocacy efforts, staff may also accompany members of the stakeholder group at public meetings to answer questions and provide factual information about the local sales tax measure.
10/15/24 Distribute public education information flyer to all households.

An informational public education flyer will be created and distributed to all households.

COST ANALYSIS:

The cost estimate for the process is as follows:

Consultant Services $25,000
Youtube Video Production $5,000
Mailers $5,000
Total $35,000
Costs will included in the FY 2023-24 budget.

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.

Item No. 11 (C)

REPORT TO THE CITY COUNCIL
DATE: JANUARY 10, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF CANNABIS CULTIVATION BUSINESS

TAX RATE PLAN
RECOMMENDATION:

It is recommended the City Council adopt a Resolution establishing future reductions in the cannabis cultivation business tax rate triggered by increases in square footage of total citywide 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.

The current tax rate for cultivation is $10.04 per square foot. The current market for cultivation is oversaturated, which has resulted in a significant decrease in price and profits and created a challenging environment for cultivation businesses to remain viable. As result, the City has received requests from existing cannabis businesses to lower tax rates and the City’s cannabis consultants have recommended working towards a rate in the range of $7.00 per square foot.

Staff developed a phased approach of reducing rates, which was presented to the City Council at the December 13, 2022 meeting for consideration. The Council directed staff to proceed. Therefore, a Resolution has been prepared for consideration that would enact the recommended strategy.

CITY COUNCIL

CONSIDERATION OF CANNABIS CULTIVATION BUSINESS TAX RATE PLAN
JANUARY 10, 2023
PAGE 2 OF 3
DISCUSSION:

A phased approach to reductions is recommended to avoid impacts to the City’s budget by reducing ongoing revenue. Since the proposed local sales tax measure failed, the City particularly cannot afford a reduction in cannabis tax revenue at this time.

The City’s Long Range Financial Plan also includes projections for increased cannabis tax revenue in future years based on current project applications. 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 increases in operation square footage. This will assist businesses to be more profitable while at the same time increase tax revenues to the City.

Under this proposal, the tax rate would drop to $8.50 per square foot when total cultivation operations reach 90,000 square feet. Revenues would still increase to $765,000 and meet the projection of $800,000 when manufacturing tax revenues are added. When operations reach 150,000 square feet, the rate would then drop to $7 per square foot.

One risk of this recommendation would be if a new business opens, the tax rate is reduced, 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(es) 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 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

01222.0001/614435.1
RESOLUTION NO. 2023-4923

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

APPROVING A PLAN FOR FUTURE ADJUSTMENTS TO THE COMMERCIAL CANNABIS

TAX RATES FOR CULTIVATION BASED UPON INCREASES TO TOTAL CITYWIDE

SQUARE FOOTAGE OF OPERATIONS
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 current tax rate for commercial cannabis cultivation is $10.04 per square foot; and
WHEREAS, oversaturation of the market for cannabis cultivation have threatened the economic viability of local businesses and the taxes they generate for the City; and WHEREAS, the City Council desires to set forth a plan for future decreases in the tax rate for commercial cannabis cultivation triggered by increases in the overall citywide square footage of operations in order to establish incentives for new businesses to open and increase City tax revenue while at the same time enhancing the economic viability of local cannabis cultivation businesses.

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 a reduction in the commercial cannabis cultivation tax rate from $10.04 per square foot of operations to $8.50 per square foot of operations at any time the total citywide square footage of commercial cannabis cultivation operations reaches 90,000 square feet.
01222.0001/614435.1

3. The City Council of the City of King hereby approves a reduction in the commercial cannabis cultivation tax rate from $8.50 per square foot of operations to $7.00 per square foot of operations at any time the total citywide square footage of commercial cannabis cultivation operations reaches 150,000 square feet.

4. This Resolution shall be effective upon adoption.

This resolution was passed and adopted this 10
th day of January, 2023 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