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Agenda

King City City Council
February 14, 2023

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February 14, 2023
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King City City Council
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AGENDA

REGULAR MEETING OF THE

CITY OF KING CITY COUNCIL
AND
Sitting as SUCCESSOR AGENCY OF

THE RDA FOR THE CITY OF KING
TUESDAY FEBRUARY 14, 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. Proclamation Honoring Darlene Acosta

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 January 24, 2023, Council Meeting Recommendation: approve and file.

B. Consideration: City of King Check Register January 16, through January 31, 2023
Recommendation: receive and file.

C. Consideration: Successor Agency Check Register January 16, through January 31, 2022
Recommendation: receive and file.

D. Consideration: A Resolution of the City Council of the City of King Making Findings Related to the Continued Existence of a State of Emergency Due to COVID-19 and Re-Authorizing the Conduct of Public Meetings of the Legislative Bodies of the City Via Remote Teleconferencing for an Additional 30-Day Period Pursuant to the Ralph M. Brown Act as Amended by Assembly Bill No. 361
Recommendation: adopt a Resolution making findings related to the continued existence of a State of Emergency due to COVID-19 and re-authorizing the conduct of public meetings of the legislative bodies of the city via remote teleconferencing for an additional 30-day period pursuant to the Ralph M.

Brown act as amended by AB 361.

E. Consideration: First Amendment to Lease Agreement for Temporary Use of City Property for Food Truck
Recommendation: 1) approve and authorize the City Manager to execute a First Amendment to the Lease Agreement with R Truck, Inc. for temporary use of the City’s property at 332 Broadway Street for operation of a food truck; and 2) authorize the City Manager to make other non-substantive modifications to the Lease Agreement, if necessary, in a form approved by the City Attorney.

F. Consideration: Server Room Expansion and Relocation Project Recommendation: 1) approve the proposed City server room expansion and relocation project and authorize the City Manager to approve the City’s IT consultant to perform the work; 2) appropriate $85,000 for the project from the Police Facilities Development Impact Fee Fund; and 3) adopt a finding of a Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines.

G. Consideration: New Lease Agreement for City-Owned House at 424 Pearl Street
Recommendation: 1) approve and authorize the City Manager to execute a new lease for the City-owned property at 424 Pearl Street; and 2) authorize the City Manager to make non-substantive modifications to the Lease Agreement, if necessary, in a form approved by the City Attorney.

10. PUBLIC HEARINGS
None

11. REGULAR BUSINESS
A. Consideration: 1) award a modified time and materials contract for the Visitor and History Center Remodel Project to the low bidder Two Team Construction in the amount not to exceed $80,000; 2) authorize the City Manager to approve change orders up to 35%; 3) appropriate an additional $50,000 for the project from a grant received from T-Mobile; and 4) adopt a finding of a Categorical Exemption pursuant to Section 15301 of the CEQA Guidelines.

B. Consideration: Alternatives for Filling Councilmember Vacancy in District 1 Recommendation: 1) consider whether to fill the vacancy in Council District 1 by appointment or by a special election; 2) if Council chooses to fill by appointment, approve a Resolution adopting a process for filing the vacancy; or 3) if Council chooses to fill by election, direct staff to present a Resolution calling an election to the Council at the next meeting.

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.

A. Conference with Legal Counsel – Liability Claims (Pursuant to Government Code Section 54956.95) Consideration of Claim Nos. 2023-002, 2023-003, 2023-004, 2023-005, and 2023-006, tort claims alleging dangerous conditions on public property arising from a train versus vehicle collision at/near Cattleman Road on 10/15/2022.

13. ADJOURNMENT
The City of King is an equal opportunity provider and employer. 5(A)

Page 1 of 3 ends

City Council Meeting
January 24, 2023

1.__CALL TO ORDER:

Regular Meeting called to order at 6:00pm by Mayor LeBarre.

2.__ROLL CALL:

City Council: Mayor Mike LeBarre, Council member, Carlos DeLeon, Rob Cullen Mayor Pro Tem Carlos Victoria
Council member Darlene Acosta is absent.

City Staff: City Manager Steve Adams; Assistant City Attorney Shannon Chaffin (Teleconference); City Clerk, Erica Sonne.

3.__FLAG SALUTE:

The flag salute was led by Interim Chief Hunt.

4. CLOSED SESSION ANNOUNCEMENTS:

None

5.__PRESENTATIONS:

Police Department Annual Award Ceremony for awards to exceptional actions by Officer Gurley, Sergeant Lux, Sergeant Dow, churches for Faith in Blue and business owners (La Plaza Bakery, Tacos La Potranca, Donut King, El Toro Taco Shop, California gourmet pizza, Castro’s Surf n Turf, La Michocana Paleteria, that helped contribute to events that engaged the Police Department with the community.

City Council is very pleased with all the positive community engagement that is building trust and a stronger since of community and thanked everyone.

6. PUBLIC COMMUNICATIONS:

None

7. COUNCIL COMMUNICATIONS:

Council Member Cullen reported from Solid Waste Authority that they had an on the job employee death.

In the history of the authority this is the first that this has happened. There are new executive committee members. Tomorrow Rotary is having Nick Nelson from First Tee. Fair board meeting is this Thursday. He thanked Fire Department, Police Department and everyone involved in helping with the recent storm. He would like to see some awards be given to those volunteers and citizens that went above and beyond.

Mayor Pro Tem Victoria had nothing to report out tonight.

Council Member DeLeon had nothing to report out tonight.

Mayor LeBarre received a call from Congress women Lofgren checking in to see how King City faired through the storm. It was nice to be able to talk about King City being prepared ahead of time. She speaks about King City in Santa Clara and what we are doing here in King City. 9(A)

Page 2 of 3 ends

8. CITY STAFF REPORTS AND COMMENTS:

City Manager Steve Adams stated February 1, 2023, is the State of City Address and February 2, 2023, 5:50p.m. is the bilingual State of the City Address here in Council chambers.

Assistant City Attorney Shannon Chaffin had nothing to report.

9. CONSENT
A. Consideration: Meeting Minutes of January 10, 2022, Council Meeting B. Consideration: City of King Check Register January 1, through January 15, 2023 C. Consideration: Successor Agency Check Register January 1, through January 15, 2023 D. Consideration: King KCCP Payments for The Month of December 2022 E. Consideration: A Resolution of the City Council of the City of King Making Findings Related to the Continued Existence of a State of Emergency Due to COVID-19 and Re-Authorizing the Conduct of Public Meetings of the Legislative Bodies of the City Via Remote Teleconferencing for an Additional 30-Day Period Pursuant to the Ralph M. Brown Act as Amended by Assembly Bill No. 361 Action: Motion to approve consent agenda items A—E by and Cullen seconded by Victoria.

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

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

10. PUBLIC HEARING:

None

11. REGULAR BUSINESS
A. Consideration: Workshop Regarding Land Use Element (Opportunity Area #1) Community Development Director Liberto introduced this item including Planning Commission comments.

Principal Planner Scott Bruce further introduced this item with a PowerPoint.

City Council provided staff direction regarding LUE polices, designations and regulations involving Opportunity 1 and provided comments regarding the proposed Monarch Inn senior housing project concept plan which they are in favor of.

Council member Cullen will be recusing himself for the first closed session item due to a conflict.

12. CITY COUNCIL CLOSED SESSION
A. Conference with Legal Counsel – Liability Claims (Pursuant to Government Code Section 54956.95) Consideration of claim no. 2023-01 by Claimant Jose Rito Gutierrez Gomez principal for Rito Insurance Agency, alleging his business was defamed, harmed, and sustained reputation harm, by King City’s press release in King City, CA on 7/14/2022.

Page 3 of 3 ends

B. Conference with Labor Negotiators
Agency Representative: Steven Adams
Employee Organization: KCPSA
Gov. Code Section: 54957.6
ADJOURNMENT:

Mayor LeBarre adjourned the meeting at 7:27p.m. to closed session. Back in session with no reportable action Mayor LeBarre adjourned the meeting at 8:13p.m. on a motion by Victoria and a second by DeLeon. Motion carried 3-0.

Approved Signatures:

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

REPORT TO THE CITY COUNCIL
DATE: FEBRUARY 14, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER
JANUARY 16 THROUGH JANUARY 31, 2023
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: FEBRUARY 14, 2023
TO: HONORABLE CHAIR AND MEMBERS OF THE BOARD
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF SUCCESSOR AGENCY CHECK
REGISTER FOR JANUARY 16 THROUGH JANUARY 31, 2023
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: FEBRUARY 14, 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
FEBRUARY 14, 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
FEBRUARY 14, 2023
PAGE 3 OF 5
The findings were last approved by the City Council at the January 24, 2023 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
FEBRUARY 14, 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, unless the Governor reconsiders extending the State of Emergency, this will be the last extension and Council Members will only be able to attend Council meetings remotely under restricted circumstances beginning the first meeting in March.

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. 2023-4927

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) March 1, 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 14th day of February, 2023 by the following vote:

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

ABSENT, Council Members: Acosta
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 (E)

REPORT TO THE CITY COUNCIL
DATE: FEBRUARY 14, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF FIRST AMENDMENT TO LEASE

AGREEMENT FOR TEMPORARY USE OF CITY PROPERTY

FOR FOOD TRUCK
RECOMMENDATION:

It is recommended the City Council: 1) approve and authorize the City Manager to execute a First Amendment to the Lease Agreement with R Truck, Inc. for temporary use of the City’s property at 332 Broadway Street for operation of a food truck; and 2) authorize the City Manager to make other non-substantive modifications to the Lease Agreement, if necessary, in a form approved by the City Attorney.

BACKGROUND:

At the September 27, 2022, meeting, the City Council approved a Lease Agreement with R Truck, Inc. to locate a food truck at the City vacant lot at the northeast corner of Broadway Street and Vanderhurst Avenue on a temporary basis. The food truck is owned and operated by the owners of Luigi’s and Pastabilities’ restaurants.

The City has been meeting with the owners for several months as part of efforts to attract new restaurants to the downtown area. The purpose of the food truck was to test the market in hopes it would lead to them leasing or purchasing a building for a “brick and mortar” restaurant on a long-term basis. The lease is for use of the lot Thursdays through Saturdays, 3:00 p.m. to 9:00 p.m. through February 15, 2023.

EXHIBIT 1

Item No. 9 (F)

REPORT TO THE CITY COUNCIL
DATE: FEBRUARY 14, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF SERVER ROOM EXPANSION AND

RELOCATION PROJECT
RECOMMENDATION:

It is recommended the City Council: 1) approve the proposed City server room expansion and relocation project and authorize the City Manager to approve the City’s IT consultant to perform the work; 2) appropriate $85,000 for the project from the Police Facilities Development Impact Fee Fund; and 3) adopt a finding of a Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines.

BACKGROUND:

The servers for the City’s computer system are currently housed in a small room in the Police Station. Other connected and related equipment are located in the basement of City Hall. As the City has expanded its technology capabilities and systems, servers necessary to house the software and data have been added.

At this time, there are deficiencies with the current room, which is cause for concern given the amount of investment in the equipment and the importance of keeping the equipment in operation at all times. As a result, it is proposed to move and expand the server room.

DISCUSSION:

A number of issues exist with the current server room and connections. First, the room is too small, which makes it difficult for technicians to make necessary repairs and adjustments when needed. Second, since the room is too small, it has been difficult to maintain the room properly cooled and ventilated to ensure the equipment does not overheat. Third, the City Hall basement is not an ideal location for housing the other connected equipment since it is not readily accessible and is dusty.

CITY COUNCIL

CONSIDERATION OF SERVER ROOM EXPANSION AND RELOCATION

PROJECT
FEBRUARY 14, 2023
PAGE 2 OF 3
Several years ago, the City Council approved elimination of use of the jail in the Police Station. Therefore, this space is available for reuse. It has been determined it could provide an optimal storage area for the computer servers due to size, climate control and security. It would also allow some of the equipment from the City Hall basement to be relocated in the same room as the servers.

Alvarez Technology Group, the City’s IT consultants, has prepared an evaluation, design of the room and cost estimate. In October, the current servers will become obsolete and no longer maintained. Staff will be preparing recommendations in the near future on how to fund and replace the servers.

Therefore, staff recommends proceeding with the server room project now in order to prepare it in time to house installation of the new equipment before the existing equipment expires.

COST ANALYSIS:

The cost estimate received from Alvarez Technology Group is $83,098.

Sufficient funding is available in the Police Facility Development Impact Fee Fund. Since the need for the project is caused by the expansion of technology to accommodate services to address the needs of the growing population, staff believes this project is eligible for the expenditure of these funds. Therefore, there will be no impact to the City’s General Fund from the proposed action.

ENVIRONMENTAL REVIEW:

Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Categorical Exemption set forth in CEQA Guidelines, section 15301 as this project is a minor alteration of the existing structure, and while the server room will be expanded, it will not expand the overall building or existing uses. Furthermore, staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project.

ALTERNATIVES:

The following alternatives are provided for City Council consideration:

1. Approve staff’s recommendations;

2. Direct staff to pursue cost reductions by relocating the server room, but eliminate relocation of equipment from City Hall;

3. Direct staff to bid the project separately from the City’s IT consultant contract;

Item No. 9 (G)

REPORT TO THE CITY COUNCIL
DATE: FEBRUARY 14, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF NEW LEASE AGREEMENT FOR CITYOWNED HOUSE AT 424 PEARL STREET RECOMMENDATION:

It is recommended the City Council: 1) approve and authorize the City Manager to execute a new lease for the City-owned property at 424 Pearl Street; and 2) authorize the City Manager to make non-substantive modifications to the Lease Agreement if necessary in a form approved by the City Attorney.

BACKGROUND:

In 2009, the City Council approved a lease with the existing tenants for the house located at 424 Pearl Street. The property had formerly been acquired and used for City offices, but was no longer needed when staff and program reductions were implemented.

The rent was last increased and the lease agreement updated in 2017. The current rent amount is $1,450 per month, which has fallen behind the market. It is important for the City to charge market rates for leases in order to avoid problems of the lease being considered a gift of public funds. Therefore, an increase is recommended at this time.

DISCUSSION:

It is proposed to reach market rates by increasing rent on a gradual basis to avoid a difficult one-time financial impact on the tenants. The new proposed lease amount is $1,500 per month. An updated lease agreement with the new proposed rent is attached for Council consideration. It would become effective on April 1, 2023.

EXHIBIT 1

Item No. 11 (A)

REPORT TO THE CITY COUNCIL
DATE: FEBRUARY 14, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, PE, PUBLIC WORKS DIRECTOR/CITY

ENGINEER
RE: CONSIDERATION OF AWARD OF MODIFIED TIME AND

MATERIALS CONTRACT FOR THE KING CITY VISITOR AND

HISTORY CENTER REMODEL PROJECT, INCLUDING

ADOPTING FINDING OF A CATEGORICAL EXEMPTION
PURSUANT TO SECTION 15301 OF THE CEQA GUIDELINES
RECOMMENDATION:

It is recommended the City Council: 1) award a modified time and materials contract for the Visitor and History Center Remodel Project to the low bidder Two Team Construction in the amount not to exceed $80,000; 2) authorize the City Manager to approve change orders up to 35%; 3) appropriate an additional $50,000 for the project from a grant received from T-Mobile; and 4) adopt a finding of a Categorical Exemption pursuant to Section 15301 of the CEQA Guidelines.

BACKGROUND:

In 2017, the City Council approved a draft Downtown Streetscape Conceptual Plan, which included a proposal to create a downtown plaza on the property at the northeast corner of Broadway Street and Vanderhurst Avenue. At the February 13, 2018 meeting, the City Council approved a purchase and sale agreement to acquire the property. At the April 9, 2019 meeting, the City Council then approved a contract with RRM Design Group to prepare conceptual design for the downtown plaza project. The results were presented at the September 10, 2019 meeting and a preferred design option was approved by the City Council.

The property includes three parcels. The downtown plaza is proposed to be constructed on the front two parcels. Demolition of the front building has been completed. Staff proposed to convert the rear building at 110 N. Vanderhurst

CITY COUNCIL

CONSIDERATION OF AWARD OF MODIFIED BID FOR THE KING CITY VISITOR AND HISTORY CENTER; INCLUDING ADOPTING FINDING OF A CATEGORICAL EXEMPTION, PURSUANT TO SECTION 15301 OF THE

CEQA GUIDELINES
FEBRUARY 14, 2023
PAGE 2 OF 4
Avenue to a Visitor and History Center. A number of planning meetings have been held with representatives of the Chamber of Commerce & Agriculture and local historians John and Karen Jernigan to plan the design for the facility. In July 2022, the City entered into a lease with the Chamber of Commerce to operate the facility. The Jernigans have agreed to coordinate the historical displays and archives.

At the February 22, 2022 meeting, the City Council approved a contract with Reiss Design Studio, PC for on-call as needed architectural services, which included design of the Visitor and History Center. The architect facilitated additional meetings with the stakeholders in preparation of the final design. The proposed exterior is presented below:

Improvement Plans and Specifications were put out to bid for the project, which consists of remodeling the existing 1100 SF historical building. The remodel will include a new interior layout, new mechanical system, and modifications to the exterior elevations to bring back the historical character of the original building.

The City received the following bids:

CITY COUNCIL

CONSIDERATION OF AWARD OF MODIFIED BID FOR THE KING CITY VISITOR AND HISTORY CENTER; INCLUDING ADOPTING FINDING OF A CATEGORICAL EXEMPTION, PURSUANT TO SECTION 15301 OF THE

CEQA GUIDELINES
FEBRUARY 14, 2023
PAGE 3 OF 4
Contractor Base bid
Staples Construction $794,500.00
Two Team Construction $537,606.00
DISCUSSION:

The project bids unfortunately came in substantially over the budgeted amount for this project. The existing building is in poor condition and will require gutting the building down to the existing structural wall and ceiling. After meeting with the apparent low bidder, it was determined that bids reflected the level of uncertaincies of existing conditions.

As a result, it is staff’s recommendation to move forward with a modified contract with a not to exceed clause to proceed with the first phases of the project. Work would be limited to interior demolition and rough carpentry of the new interior layout. Remaining work will then be completed in steps after evaluating the most cost effective approach to each task. This will allow subconsultants to provide more competitive bids and reduce the cost of construction.

Staff recommends the City Council award a modified time and materials contract for the Visitor and History Center Remodel Project to the low bidder, Two Team Construction, in the amount not to exceed $80,000 and authorize the City Manager to approve change orders up to 35%.

COST ANALYSIS:

The City recently received a grant from T-Mobile in the amount of $50,000 for this project. The remaining costs will be funded from development impact fees included in the FY 2021-22/FY 2022-23 Biennial Budget.

ENVIRONMENTAL REVIEW:

Staff has performed a preliminary environmental assessment of this project and has determined that if it falls within the Categorical Exemption set forth in Section 15301 of the CEQA guidelines because the contract is for remodel of an existing facility that will not expand the building or use. Furthermore, staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project.

EXHIBIT 1
01222.0001/856956.1
Item No. 11(B)

REPORT TO THE CITY COUNCIL
DATE: FEBRUARY 14, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
ROY C. SANTOS, CITY ATTORNEY
RE: CONSIDERATION OF ALTERNATIVES FOR FILLING
COUNCILMEMBER VACANCY IN DISTRICT 1
RECOMMENDATION:

It is recommended the City Council: 1) consider whether to fill the vacancy in Council District 1 by appointment or by a special election; 2) if Council chooses to fill by appointment, approve a Resolution adopting a process for filling the vacancy; or 3) if Council chooses to fill by election, direct staff to present a Resolution calling an election to the Council at the next meeting.

BACKGROUND:

Council Member Acosta has submitted her resignation from the City Council effective on February 14, 2023, which now creates a vacancy for the City Council District 1 seat. A copy of the resignation letter is attached. Under State law, the City Council must either call a special election or fill the vacancy by appointment before Saturday, April 15, 2023, (which is within 60 days of the vacancy). The successor councilmember may serve until the expiration of Councilmember Acosta’s term, which is December 2026. The person appointed or elected must be a resident of District 1, a registered voter, and a United States citizen 18 years of age or older. To meet this timeline, staff is presenting alternatives and requesting City Council to provide direction on how to proceed.

DISCUSSION
Election Process
If the Council chooses to fill the vacancy by election, the Council must adopt a Resolution by April 15, 2023, calling for a special election at the next regularly established election 01222.0001/856956.

CITY COUNCIL

CONSIDERATION OF ALTERNATIVES FOR FILLING COUNCILMEMBER VACANCY IN DISTRICT 1
FEBRUARY 14, 2023
PAGE 2 OF 5
date not less than 114 days from the call of the election. That date is June 8, 2023. The City Council seat would remain vacant until that time.

Appointment Process
If the Council chooses to fill the vacancy by appointment, the attached Resolution provides an appointment process. The process requires posting of the vacancy with an invitation from residents of District 1 to submit an application. Applications for appointment will be considered at a regular or special meeting of the City Council. Applicants will have an opportunity to address the Council and the public will have an opportunity to comment.

The Resolution proposes a submission deadline of March 10, 2023 for applications. This deadline will allow for posting of the vacancy and application process on the City website and for publication in the newspaper. The Council can then consider the received applications at the March 14, 2023 City Council regular meeting or at a special meeting.

The Council may choose an alternate submission deadline and schedule special meetings as needed to accommodate the appointment process and ensure appointment is made before April 15, 2023.

The City Council may also direct staff to coordinate other steps involved in promoting and/or considering applications. Some examples include the following:
• Hold a public forum or debate where the public may ask candidates questions; • Hold a special City Council meeting, request each applicant to make a statement, Council ask questions to each applicant, and then offer the public an opportunity to present questions;
• Develop a rating or ranking system for City Council to evaluate candidates prior to voting on a selection; and/or
• Appoint a citizen committee to provide recommendations.

Legal Requirements for Filling a Vacancy
Government Code section 36512(b) addresses the options available to the City Council to fill a vacancy on the City Council and reads:

If a vacancy occurs in an elective office, the council shall, within 60 days of the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy.

1. Special Election
Government Code section 36512(b) (1) reads:
01222.0001/856956.

CITY COUNCIL

CONSIDERATION OF ALTERNATIVES FOR FILLING COUNCILMEMBER VACANCY IN DISTRICT 1
FEBRUARY 14, 2023
PAGE 3 OF 5
If the Council calls a special election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person elected to fill a vacancy holds office for the unexpired term of the former incumbent. (emphasis added).

SB 970 was recently enacted and is effective January 1, 2021. SB 970 has amended Election Code section 1000 to read as follows:
(a) The first Tuesday after the first Monday in March of each even-numbered year that is evenly divisible by four. [next one is March 5, 2024] (b) The first Tuesday after the first Monday in March of each odd-numbered year. [next one is March 2, 2021]
(c) The second Tuesday of April in each even-numbered year. [next one is April 12, 2022]
(d) The first Tuesday after the first Monday in June in each even-numbered year that is not evenly divisible by four. [next one is June 7, 2022] (e) The first Tuesday after the first Monday in November of each year. [next one is November 2, 2021]
If the vacancy occurs on February 14, 2023, then 114 days from that date is June 8, 2023.

However, in order to meet the language in Elections Code Section 36512 (b) (1) regarding “not less than 114 days after the vacancy date” means that a special election may not occur before that date.

2. Appointment
There is no prescribed process in the Government Code regulating how an appointment to the City Council is to be made. The process is a matter of City Council discretion. Attached is a Resolution establishing an appointment process similar to the current process for appointments to City boards and commissions. Certain blanks will be filled in depending on when Council wishes to have this matter brought back to the Council.

If someone were appointed to the position, then that person would only hold office for the remainder of the current term for District 1.

In order to be eligible to be considered for appointment, any applicant must be a resident of District 1, a registered voter, and a United States citizen 18 years of age or older. (Government Code section 36502; Elections Code section 321) 01222.0001/856956.

CITY COUNCIL

CONSIDERATION OF ALTERNATIVES FOR FILLING COUNCILMEMBER VACANCY IN DISTRICT 1
FEBRUARY 14, 2023
PAGE 4 OF 5
COST ANALYSIS:

According to the Monterey County Elections Office, if the election is held as a stand-alone special election that includes poll places and vote by mail, the estimated cost range is $14 to $20 per registered voter. If the election is held as a stand-alone mail ballot election, the estimated range is $12 to $18 per registered voter. There are currently 1,051 registered voters in District 1. Therefore, the estimated cost would be somewhere between $12,000 to $21,000 depending upon the process. The appointment process would cost less than $500 for publishing and posting.

ENVIRONMENTAL REVIEW:

The ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change in the environment, directly or indirectly. Most of the terms and scope of city discretion are guided by existing State and Federal law. The ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Alternatively, the ordinance is exempt from CEQA because the City Council’s adoption of the ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment (State CEQA Guidelines, § 15061(b)(3)).

ALTERNATIVES:

1. Direct staff to prepare a Resolution to call for a special election;

2. Adopt the Resolution to establish an appointment process;

3. Adopt the Resolution to establish an appointment process with a later due date for applications to provide more time to solicit applicants;

4. Amend and adopt the Resolution to establish an appointment process;

5. Adopt the Resolution to establish an appointment process and provide additional direction regarding steps to advertise and consider applicants;

6. Postpone the decision until the February 28th meeting to obtain additional public input; or

7. Provide staff other direction.

Exhibits:

1. Darlene Acosta Resignation Letter

2. Resolution Approving Process for Filling Vacancy by Appointment

3. Sample Application Form

EXHIBIT 1
01222.0001/856981.1
RESOLUTION NO. 2023-4928

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING APPROVING A

PROCESS FOR FILLING A VACANCY ON THE CITY COUNCIL BY

APPOINTMENT
WHEREAS, Councilmember Darlene Acosta has resigned from her position as a City Councilmember for the City of King resulting in a vacancy for her position as councilmember of District 1; and
WHEREAS, under Elections Code 36512 the City Council must fill a vacancy on the City Council within sixty (60) days from the commencement of the vacancy by election or by appointment; and
WHEREAS, the City Council has determined that it is in the best interest of the City to fill the vacancy by appointment.

NOW, THEREFORE, the City Council of the City of King hereby resolves as follows:

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

SECTION 2. The City Council hereby adopts a process for filling the vacancy on the City Council by appointment as follows:

A. Invitation for Applications.

The City Clerk shall post a notice of the vacancy and invite applications from City of King residents for appointment to the vacancy. The notice shall be posted at City Hall and on the City’s website. The City Clerk shall employ the usual communication methods to alert City residents, interested groups, and individuals who have requested copies of City Council agendas. The notice shall be submitted to the newspaper of general circulation which prints the City’s legal notices. The notice shall provide a deadline of ______________ for submission of applications and provide that applications may be submitted electronically, in person, or by mail.

B. Application Form.

The City Clerk shall post an application form on the City’s website and provide a copy of an application form to any person who requests an application. The application form shall be similar to that used for filling of positions on City Boards and Commissions and include that the applicant must be at least 18 years old, a resident of District 1 in the City of King and a registered voter. The application must be signed and dated by the applicant.

EXHIBIT 2
01222.0001/856981.1
C. Consideration of Applications and Appointment.

1. The Council shall consider the applications at a regular meeting or special meeting of the City Council to be held before Saturday, April 15, 2023. Persons who have submitted an application shall have an opportunity to address the Council and the Council may ask questions of the applicants.

2. The public shall have the opportunity to comment upon the candidates as a part of the agenda item.

3. No discussion of the candidates may be had in closed session.

4. An appointment will be approved by resolution and deemed to have been made upon a motion made and seconded and having received at least four (4) affirmative votes. Upon an appointment having been made, the successful candidate shall, at that meeting or at a subsequent regular City Council meeting, take the oath of office and be seated with the City Council. No appointment shall be deemed to have been completed and become effective until the appointee takes the oath of office.

SECTION 3.Powers and Duties of Appointed Person.

The person appointed to the City Council shall serve the unexpired term for Councilmember Acosta. The appointed Councilmember shall have all of the rights, privileges, and duties of an elected Councilmember. The appointed Councilmember shall complete and file all conflict of interest disclosure forms as are required by law and shall be bound by and obey all other requirements pertaining to membership on the City Council.

SECTION 4. California Environmental Quality Act (CEQA) Finding.

This resolution is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), Review for Exemption, because it can be seen with certainty that the project will not have a significant effect on the environment; therefore the project is not subject to CEQA.

SECTION 5. Implementation of Appointment Process.

The City Manager, City Clerk, and City Attorney are authorized and directed to take such actions as may be necessary or convenient to give effect to the foregoing action.

SECTION 5. Effective Date.

This resolution shall take effect upon adoption.

This resolution was passed and adopted this 14th day of February 2023 by the following vote:
01222.0001/856981.1
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 C. Santos, City Attorney

CITY OF KING

APPLICATION

FOR APPOINTMENT TO

CITY COUNCIL
Please print or type the following information:

Name:

Address:

Telephone (day): e-mail:

City Council District you are applying for:

Describe your interest in becoming a member of City Council:

Background relevant to City Council:

Other comments:

Applicant’s Signature Date
RETURN TO: City Hall, 212 S. Vanderhurst Ave., King City, CA 93930 Ph (831) 386-5971 * Fx (831) 385-6887
Applicant must be at least 18 years old, a resident of District you are applying for in the City of King and a registered voter.

EXHIBIT 3

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