King City City Council
April 25, 2023

AGENDA

REGULAR MEETING OF THE

CITY OF KING CITY COUNCIL
AND
Sitting as SUCCESSOR AGENCY OF

THE RDA FOR THE CITY OF KING
TUESDAY APRIL 25, 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 Oscar Avalos, Carlos DeLeon, Robert Cullen, Mayor Pro Tem Carlos Victoria, and Mayor Mike LeBarre

3. FLAG SALUTE

4. CLOSED SESSION ANNOUNCEMENTS

5. SPECIAL PRESENTATIONS
None

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

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

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

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 Any Council Member, the City Manager, or the City Attorney may request that an item be withdrawn from the Consent Agenda to allow for full discussion.

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 Items withdrawn from the Consent Agenda may be considered by separate motions at the conclusion of the discussion of each item.

A. Consideration: Meeting Minutes of April 11, 2023, Council Meeting Recommendation: approve and file.

B. Consideration: Meeting Minutes of March 22, 2023, Special Council Meeting Recommendation: approve and file.

C. Consideration: City of King Check Register April 1, through April 15, 2023 Recommendation: receive and file.

D. Consideration: King KCCP Payments for The Month of March 2023 Recommendation: receive and file.

E. Consideration: Purchase of Police Station Personal Storage Lockers Recommendation: approve and authorize the City Manager to execute a contract with Systems and Space Incorporated for $59,015 for the purchase and installation of 30 personal storage lockers in the Police Station locker rooms; and 2) appropriate $19,015 from the SLEFS Fund and $40,000 from the Police Facility Development Impact Fee Fund for the cost of the purchase.

F. Consideration: Final Parcel Map PM22-000001
Recommendation: 1) affirm the action of the Planning Commission of April 18, 2023 determining that the Final Parcel Map PM22-000001 is in substantial conformance with the approved Tentative Parcel Map Case No. 2018-002; 2) authorize the City Engineer to execute the Final Parcel Map PM22-000001; and 3) authorize the City Clerk to transmit the Final Parcel Map to the County Recorder of the County of Monterey for filing, pursuant to the Subdivision Map Act and Chapter 16 of the Municipal Code.

G. Consideration: Network Server Replacement
Recommendation:1) approved and authorize the City Manager to execute a purchase of new servers and related equipment for the City’s computer network; and 2) appropriate $105,000 from the General Fund unappropriated fund balance for the cost of the purchase.

H. Consideration: Modification of Community Development Department Staffing Recommendation: 1) approve new job descriptions for positions of Community Development Director and part-time Planner; 2) allocate one new Community Development Director position and one part-time Planner position; 3) eliminate one full-time Planner position; and 4) adopt a Resolution approving an amended salary schedule.

I. Consideration: Riverview Gardens Landscape Maintenance District Annual Assessment for Fiscal Year 2022-23
Recommendation: 1) adopt Resolution No. 2023-4939, initiating proceedings and ordering the assessment engineer, Harris & Associates, to prepare and file a report for the Riverview Gardens Landscape Maintenance District, pursuant to provisions of the Landscaping and Lighting Act of 1972 of the Streets and Highways Code of the State of California; 2) adopt Resolution No. 2023-4940, preliminarily approving the Engineer's Report which generally describes the improvements or any substantial changes to the improvements for the Riverview Gardens Landscape Maintenance District, pursuant to provisions of the Landscaping and Lighting Act of 1972 of the Streets and Highways Code of the State of California; and 3) adopt Resolution No. 2023- 4941, announcing intention to levy and collect assessments within the Riverview Gardens Landscape Maintenance District and fixing time and place for public hearing on the levy of the proposed assessment, pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California.

J. Consideration: Side Letters of Agreement with the King City Police Sergeants’ Association and the King City Police Officers’ Association Recommendation: 1) approve and authorize the City Manager to execute a First Side Letter of Agreement with the King City Police Sergeants’ Association (KCPSA) to modify compensation and extend the term of the Memorandum of Understanding (MOU); and 2) approve and authorize the City Manager to execute a First Side Letter of Agreement with the King City Police Officers’ Association (KCPOA) to modify compensation and extend the term of the MOU; and 3) adopt a Resolution updating the Classification Plan to reflect the salary range change effective June 3, 2023.

K. Consideration: Centralized Weather-Based Irrigation Controller System Recommendation: 1) approve and authorize the City Manager to execute a contract services agreement with Valley Soil, Inc. for design, purchase and installation of a centralized weather-based irrigation controller system; and 2) appropriate $35,000 from grant revenue and the General Fund unappropriated fund balance for the cost of the purchase.

10. PUBLIC HEARINGS
None

11. REGULAR BUSINESS
A. Consideration: Regional Board and Committee Assignments Recommendation: select a Councilmember alternate to the Salinas Valley Solid Waste Authority Board of Directors and provide staff direction on any other changes requested to regional board and committee assignments.

B. Consideration: Measure X Regional Funding Agreement for Preparation of the King City Traffic Garden Project
Recommendation: 1) approve and authorize the City Manager to execute a Measure X Regional Funding Agreement with the Transportation Agency for Monterey County (TAMC); and 2) authorize City Manager to execute a change order in the amount of $44,500 to Monterey Peninsula Engineering to construct the proposed traffic garden in San Antonio Park.

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—Pending Litigation
Pending Litigation Pursuant to Government Code Section 54956.9(d): (One case)
Working Families of Monterey County and Efrain Aguilera v. The King City Planning Commission and King City City Council

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
March 16, 2023

SITES IMPROVEMENTS AND UPDATES
Water Agreement - In June 2021, the Authority contracted with Geo Logic Associates to perform a well-siting study for the Johnson Canyon and Jolon Road landfills. The study concluded that there was no location within the 163-acre Johnson Canyon site that was suitable for a production well that would produce the yield site operations requires. Staff analyzed the options available determining that the option to enter into a water purchase agreement with a neighbor that has an existing production well with a proven yield was the most appropriate. The neighbor to the north, George Amaral Ranches, was contacted and through discussions agreed to enter into a 30-year long-term water purchase agreement. The agreement calls for George Amaral Ranches to deliver up to 80,000 gallons of water per day to the northwest corner of our parcel.

Jolon Road Transfer Station Tipping Pad Cover - To improve the working conditions for staff and improve the customers’ experience during inclement weather, while minimizing windblown plastic litter, staff recommended the installation of a fabric shelter structure over the tipping pad at the Jolon Road Transfer Station. The Board approved an agreement with Clear Span for the Fabric Cover Structure that will provide customers from South County with a covered disposal area year-round. The contract includes engineering, manufacturing, and installation of a 14,400 square foot fabric covered structure.

Construction of the foundation will be procured through local contractors once the initial engineering is completed by Clear Span.

Johnson Canyon Landfill Education Center – An update on the progress being made at the new Johnson Canyon Education Center was provided to the Board. The building has been installed and the insulation and electrical work are currently being done. The building includes a large meeting space to hold classes and introductions to tours. The exhibit hall will be a selfguided walk through with different exhibits that visitors can learn from. The office space will house all outreach materials needed for tours, as well as a drop in desk for Resource Recovery staff to use as needed. The water tank, the water line, and three faucets have been installed. Wally’s raised beds are being constructed and include the irrigation, and gopher mesh barriers. There are big plans for the garden including incorporating a math and science curriculum based on its design. The progress has been possible thanks to the Engineering and Operations staff. They have been instrumental in planning and finding the most appropriate solutions for what is trying to be accomplished with the space. This year Resource Recovery staff will be launching a new program for high school students. The Youth Council, which will allow each high school in the Authority service area to have allocated slots to ensure representation from all areas, will give fifteen students the opportunity to learn and work together throughout the school year. They will do three group service-learning projects focusing on inland environmental issues. Students will present to the Board after each project is completed and will attend meetings to learn about local governance and political processes.

FISCAL YEAR 2023-24 OPERATING BUDGET AND DISPOSAL AND SERVICE FEES EFFECTIVE JULY 1, 2023 A public hearing was held to consider the Disposal and Service Fees effective July 1, 2023, with a unanimous approval vote. The Operating and CIP budget of $24,555,000 were also considered and approved by the Board. The budget is balanced and includes increases to the organics program tipping fees, the transportation surcharge fees, and a rate adjustment to AB 939 and/or Solid Waste Tipping Fees.

SOUTH COUNTY FRANCHISE PROCUREMENT REQUEST FOR PROPOSALS An update was provided to the Board on the Request for Proposals (RFP) for the new franchise procurement for the South Monterey County Cities (Gonzales, Soledad, Greenfield, and King City). The RFP is set to be issued on March 17, 2023, with a proposal submittal deadline of June 30, 2023. This would allow sufficient time to conduct interviews, view presentations, conducted contract negotiations, agreement deliberation, and preparation before the current contract end term of June 30, 2025.

FINANCIAL REPORT FOR MONTH ENDED JANUARY 2023 (58.3% OF THE FISCAL YEAR) Revenue collected $ 14,406,854 (60.6% of Estimated Revenue of $23,764,900) Expenditures for operations $ 12,363,218 (57.6% of Operating Budget of $21,450,000) Cash balance $ 33,822,044
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
16 de marzo 2023
(Agencia gubernamental de gestión de residuos sólidos)

MEJORAS Y ACTUALIZACIONES DE LOS ESTABLECIMIENTOS
Acuerdo de Agua - en junio 2021, la Agencia contrató a Geo Logic Associates para realizar un estudio de ubicación de pozos para los basureros de Johnson Canyon y Jolon Road. El estudio concluyó que no había ninguna ubicación dentro de los 163 acres de Johnson Canyon que fuera adecuada para un pozo de producción que pudiera producir el rendimiento que requieren las operaciones del basurero.

El personal analizó las opciones disponibles y determinó que la opción de entrar en un contrato de compra de agua con un vecino que tiene un pozo de producción existente con un rendimiento comprobado era la más adecuada. Se contactó al vecino del norte, George Amaral Ranches, y a través de conversaciones acordaron entrar en un contrato de compra de agua a largo plazo de 30 años. El acuerdo requiere que George Amaral Ranches entregue hasta 80,000 galones de agua por día a la esquina noroeste de nuestra parcela.

Cubierta de la Plataforma de la Estación de Transferencia de Jolon Road - para mejorar las condiciones de trabajo del personal y mejorar la experiencia de los clientes durante las inclemencias del tiempo, al mismo tiempo que minimizar la basura plástica arrastrada por el viento, el personal recomendó la instalación de una estructura de refugio de tela sobre la plataforma de volteo en la Estación de Transferencia Jolon. El Consejo aprobó un acuerdo con Clear Span para la estructura de la cubierta de tela que brindará a los clientes del sur del condado un área de eliminación cubierta durante todo el año. El contrato incluye ingeniería, fabricación e instalación de una estructura cubierta de tela de 14,400 pies cuadrados. La construcción de los cimientos se adquirirá a través de contratistas locales una vez que Clear Span complete la ingeniería inicial.

Centro Educativo del Vertedero Johnson Canyon - Se proporcionó al Consejo una actualización sobre el progreso realizado en el nuevo Centro de Educación Johnson Canyon.

El edificio ha sido instalado y actualmente se están realizando los trabajos de insolación y electricidad. El edificio incluye un gran espacio para reuniones para tener clases e introducciones a los recorridos. La sala de exposiciones será un recorrido autoguiado con diferentes exhibiciones de las que los visitantes pueden aprender. El espacio de la oficina albergará todos los materiales de divulgación necesarios para los recorridos, así como un escritorio para que el personal de recuperación de recursos lo use según sea necesario. Se han instalado el tanque de agua, la línea de agua y tres llaves. Las camas de jardín elevadas de Wally se están construyendo e incluyen el riego y las barreras de malla de tuza. Hay grandes planes para el jardín, incluida la incorporación de un plan de estudios de matemáticas y ciencias basado en su diseño. El avance ha sido posible gracias al personal de Ingeniería y Operaciones. Han sido fundamentales en la planificación y la búsqueda de las soluciones más adecuadas para lo que se intenta lograr con el espacio. Este año, el personal de recuperación de recursos lanzará un nuevo programa para estudiantes de secundaria. El Consejo Juvenil, permitirá que cada escuela secundaria en el área de servicio de la Agencia tenga cupos asignados para garantizar la representación de todas las áreas, brindará a quince estudiantes la oportunidad de aprender y trabajar juntos durante el año escolar. Harán tres proyectos grupales de aprendizaje de servicios centrados en problemas ambientales del interior.

Los estudiantes presentarán al Consejo después de que se complete cada proyecto y asistirán a reuniones para aprender sobre el gobierno local y los procesos políticos.

PRESUPUESTO OPERATIVO DEL AÑO FISCAL 2023-24 Y TARIFAS DE DISPOSICIÓN Y SERVICIO EFECTO EL 1 DE JULIO DE 2023 Se llevó a cabo una audiencia pública para considerar las tarifas de disposición y servicio a partir del 1 de julio de 2023, con un voto de aprobación unánime. El presupuesto operativo y del CIP de $24,555,000 también fueron considerados y aprobados por el Consejo. El presupuesto está equilibrado e incluye aumentos en las tarifas de disposición del programa orgánico, las tarifas de recargo de transporte y un ajuste de tarifa a AB 939 y/o tarifas de disposición de desechos sólidos.

SOLICITUD DE PROPUESTAS PARA LA ADQUISICIÓN DE FRANQUICIAS DEL SUR DEL CONDADO Se proporcionó una actualización al Consejo sobre la Solicitud de propuestas (RFP por sus siglas en ingles) para la adquisición de nuevas franquicias para las ciudades del sur del condado de Monterey (Gonzales, Soledad, Greenfield y King City). El RFP se difundirá el 17 de marzo de 2023, con una fecha límite para la presentación de propuestas del 30 de junio de 2023. Esto permitiría suficiente tiempo para realizar entrevistas, ver presentaciones, realizar negociaciones de contratos, deliberar acuerdos y preparar antes de que se finalice el contrato actual con el término del 30 de junio de 2025.

INFORME FINANCIERO DEL MES FIN ALIZADO EN EN ERO 2023 (58.3% DEL AÑ O FISCAL) Ingresos recaudados $ 14,406,854 (60.6% del Ingreso Estimado de $23,764,900) Gastos de operaciones $ 12,363,218 (57.6% del Presupuesto Operativo de $21,450,000) Saldo de caja $ 33,822,044

City Council Meeting
April 11, 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, Oscar Avalos, Rob Cullen, Carlos DeLeon, Mayor Pro Tem Carlos Victoria
City Staff: City Manager Steve Adams; City Attorney Roy Santos; City Clerk, Erica Sonne.

3.__FLAG SALUTE:

The flag salute was led by Mayor LeBarre.

4. CLOSED SESSION ANNOUNCEMENTS:

None
Council member Cullen made a motion to add an Emergency item to the closed session portion of the meeting tonight. Seconded by Council member Victoria.

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

ABSENT: Council Members:

ABSTAIN: Council Members:

Council member Avalos made a motion to change the order of the Regular Business items to hearing Item 11(A) after 11(B) and 11(C). Seconded by Council member DeLeon.

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

ABSENT: Council Members:

ABSTAIN: Council Members:

5.__PRESENTATIONS:

None

6. PUBLIC COMMUNICATIONS:

Paul Slocum gave a presentation showing a few pictures of golf course (loss of 4 greens) and explaining what needs to be done before the next flood with the culvert that is under the freeway that is plugged on the side away from the golf course so no water can go through and now goes around where it shouldn’t be, they are asking for the City to get in there and level it so it flows away from the golf course. He also mentioned that there could be an economic loss for the fair/city as they are losing parking of trailers down in the bowl area.

7. COUNCIL COMMUNICATIONS:

Council Member Cullen apologized for not being present at the last meeting when Council member Avalos was sworn in. He welcomed him. He stated that the fair Kick-off dinner is this weekend and tickets are still 9(A)

on sale. Salinas Valley Solid Waste Authority approved a budget allocation for the Jolon transfer station to put in a weather protection cover. Budget passed with a .9% tipping fee.

Mayor Pro Tem Victoria ask if the CHP or Sheriff were requested to help out in town.

Council Member Avalos stated that the fair Kick-off is this Saturday and he has tickets for sale.

Council Member DeLeon had nothing to report tonight.

8. CITY STAFF REPORTS AND COMMENTS:

City Manager Adams stated that he is on the Salinas Valley Basin Groundwater Sustainability Agency board and they are working on rate increase requests. We have a new addition to the chambers, a beautiful picture of historical King City.

City Attorney Roy Santos nothing reported tonight.

9. CONSENT
A. Consideration: Meeting Minutes of March 28, 2023, Council Meeting B. Consideration: City of King Check Register March 16, through March 31, 2023 C. Consideration: Side Letters of Agreement
D. Consideration: Side Letters of Agreement With the King City Confidential Employees Association and the Service Employees International Union Local 521
E. Consideration: Transportation Agency for Monterey County Master Funding Agreement F. Consideration: Support for SB 524, SB 621 and SB 870 Action: Motion to approve consent agenda items A—F by and Victoria seconded by Cullen.

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

ABSENT: Council Members:

ABSTAIN: Council Members:

10. PUBLIC HEARING:

None

11. REGULAR BUSINESS
B. Consideration: Citywide Parkway/Parking Strip Beautification Project, Including Adopting a Finding of a Categorical Exemption, pursuant to Section 15304 of the CEQA Guidelines City Manager Steve Adams introduced this item with a PowerPoint presentation.

Action: Motion to 1) approve the King City Parkway/Parking Strip Beautification Project; 2) adopt a Resolution authorizing the City Manager to submit a Clean California Local Grant Program application and to execute all necessary documents on behalf of the City if the grant is approved; and 3) adopt a Categorical Exemption, pursuant to Section 15304 of the CEQA Guidelines by DeLeon seconded by Victoria.

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

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

C. Consideration: Citywide Electric Vehicle Charging Station Plan City Manager Steve Adams introduced this item.

Action: Motion to Approve a citywide plan for installation of electric vehicle charging stations on City properties by Cullen seconded by DeLeon.

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

ABSENT: Council Members:

ABSTAIN: Council Members:

Council member Cullen recused himself due to a conflict before the next item was heard and left the room.

A. Consideration: Award of Bid for the King City Downtown Streetscape Plan – Intersection Improvements
Public Works Director/City Engineer Hurtado introduced this item.

Action: Motion to 1) award the base bid for the King City Downtown Streetscape Project – Intersection Improvements as proposed by the low bidder, Monterey Peninsula Engineering in the amount of $3,882,454.00; 2) authorize the City Manager to approve change orders not to exceed ten percent; 3) appropriate $275,000 from the General Fund unappropriated fund balance for the project; 4) acknowledge the error in the Additive Alternate A made by the low bidder; and 5) adopt findings of a Categorical Exemption, pursuant to section 15301 of the CEQA guidelines and NEPA Categorical Exclusion, subject to section 58.5 (pursuant to 24 CRF 58.35 (a)(1) by Victoria seconded by DeLeon.

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

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

12. CITY COUNCIL CLOSED SESSION
A. Conference with Labor Negotiators Pursuant to Gov. Code Section: 54957.6 Agency Representative: Steven Adams
Employee Organization: KCPOA, KCPSA

ADJOURNMENT:

Mayor LeBarre adjourned the meeting to closed session at 7:25p.m. Mayor LeBarre adjourned the meeting at 7:48p.m.

Approved Signatures:

Mayor Mike LeBarre City Clerk, Erica Sonne
City of King City of King

Special City Council Meeting
March 22, 2023

1.__CALL TO ORDER:

Regular Meeting called to order at 6:01pm by Mayor LeBarre.

2.__ROLL CALL:

City Council: Mayor Mike LeBarre, Council member, Carlos DeLeon, Rob Cullen Mayor Pro Tem Carlos Victoria
City Staff: City Manager Steve Adams (Teleconference); City Attorney Roy Santos (Teleconference); City Clerk, Erica Sonne.

3.__FLAG SALUTE:

The flag salute was led by Mayor LeBarre.

4. PUBLIC COMMUNICATIONS:

None

5. REGULAR BUSINESS:

A. Consideration: Appointment to Councilmember Vacancy in District 1 Recommendation: 1) provide each applicant an opportunity to make a statement of up to a maximum of 5 minutes each followed by Council questions; 2) provide an opportunity for public comment; 3) following Council discussion, rank the candidates on the attached form, which will be tallied and the results announced by the City Clerk; and 4) adopt a Resolution appointing of one of the applicants to fill the Council seat in District 1.

City Manager Steve Adams introduced this item for consideration.

City Attorney Roy Santos further introduced this item for consideration.

Each applicant (Michael Oliveira, Erica Gonzales, Oscar Avalos) did a 5-minute introduction of themselves.

Mayor and Councilmembers did about four rounds of questions.

Karen Jernigan, Mildred Ave., District 3, is encouraged by the people that applied. She feels they represent a diverse group. Any of them would be good. Any not appointed apply for Planning Commission or the Parks and Recreation Commission. She thanked them for applying.

Ranking forms were filled out and the City Clerk tallied them and reported out the totals.

Michael Oliveira - 5
Erica Gonzales - 8
Oscar Avalos - 11
Action: Motion to adopt a Resolution appointing Oscar Avalos to fill the Council seat in District 1 by and LeBarre seconded by Victoria.

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

ABSENT: Council Members:
9(B)

ABSTAIN: Council Members:

ADJOURNMENT:

Mayor LeBarre adjourned the meeting at 7:07p.m.

Approved Signatures:

Mayor Mike LeBarre City Clerk, Erica Sonne
City of King City of King
Item No. 9(C)

REPORT TO THE CITY COUNCIL
DATE: APRIL 25, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER APRIL
1 THROUGH APRIL 15, 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(D)

REPORT TO THE CITY COUNCIL
DATE: APRIL 25, 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 MARCH 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.

Exhibit 1
Item No. 9 (E)

STAFF REPORT
DATE: APRIL 25, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMES HUNT, INTERIM CHIEF OF POLICE
RE: CONSIDERATION OF PURCHASE OF POLICE STATION

PERSONAL STORAGE LOCKERS
RECOMMENDATION:

It is recommended City Council: 1) approve and authorize the City Manager to execute a contract with Systems and Space Incorporated for $59,015 for the purchase and installation of 30 personal storage lockers in the Police Station locker rooms; and 2) appropriate $19,015 from the SLEFS Fund and $40,000 from the Police Facility Development Impact Fee Fund for the cost of the purchase.

BACKGROUND:

The Police and Public Works Departments coordinated in designing proposed improvements to the Police Station that included remodeling of the locker rooms and restrooms. The project was designed to improve safety and increase storage space.

On May 22, 2022, the Council awarded the contract for the locker room remodel to Two Team Construction in the amount of $69,000. The scope of work included the remodel of the locker rooms per the plans consisting of removing existing lockers and non-load bearing walls as well as restroom improvements including fixtures, doors and flooring. However, there was no allowance for the purchase and installation of personal storage lockers for uniforms and equipment used by officers during patrol and investigative duties. Two Team Construction finished the remodel of both locker rooms and restrooms in March 2023.

DISCUSSION:

The final phase of the Police Station Locker Room Remodel Project is being presented for the City Council’s consideration. This final phase is the purchase, shipment, and installation of the storage lockers in the men’s and women’s locker

CITY COUNCIL

CONSIDERATION OF PURCHASE OF POLICE STATION PERSONAL

STORAGE LOCKERS
APRIL 25, 2023
PAGE 2 OF 3
rooms. These lockers will store the uniforms and equipment of individual officers as well as the general materials for use in patrol and investigative functions.

Bids were solicited for the project, but Systems and Space Incorporated was the only bid that included installation. Systems and Space Incorporated is a member of Sourcewell, a nationwide/statewide government contracted cooperative purchasing agency of which King City is a member, which meets the City’s competitive bidding requirements.

The bid includes the purchase, shipping, and installation of 22 lockers in the men’s locker room and 8 in the women’s locker room. The additional lockers allow for the growth of the Police Department in the coming years negating the necessity to remodel and/or purchase additional lockers.

COST ANALYSIS:

Systems and Space Incorporated submitted a bid of $59,015. Funding for this project is available through a combination of available funds from the Supplemental Law Enforcement Fund (SEESF/COPS Grant Contract) and the Police Impact Fee fund. Therefore, there will be no impact on the General 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 Council consideration:

1. Approve staff’s recommendations;

2. Direct staff to identify other options for the purchase, shipping, and installation of personal storage lockers for the men’s and women’s locker rooms;

3. Postpone the decision and request additional information; or

4. Provide staff other direction.

Exhibits:

1. Systems and Space Incorporated Bid for Personal Storage Lockers.

1 Systems and Space Inc.

Proposal to Improve Space Management
and Storage Capacity
King City Police Department
King City PD – Freestyle Men’s & Women’s Lockers
March 3, 2023
Submitted To: Captain Robert Masterson
King City Police Department
415 Bassett St
King City, CA 93930
Submitted By: Matt Meyer
Systems Planner
Systems & Space, Inc.
500 Boulder Court, Suite B
Pleasanton, CA 94566
(925) 426-1955
We have set the standard in customer care - Because we understand the composition and characteristics that are intrinsic to space management and capacity planning.

Exhibit 1
2 Business
Healthcare
Library
Museum
Design
This proposal includes an architectural drawing to allow for visual acceptance. The drawing outlines room dimensions, system dimensions, stored media - existing plus increased capacities and storage weight.

Floor Loading
Floor load data that applies to the project is subject to interpretation by a certified structural engineer. SSI is providing reference data for determining load and distribution conditions. Floor load and considerations are to be reviewed and evaluated by a qualified engineer. It is the responsibility of client to have this system approved for the floor loading if needed.

SYSTEMS & SPACE, INC. can assist with the floor load assessment process. We will work directly with your structural engineer or we can provide a certified structural engineer and consulting. A complete analysis, including any required building modifications, designs and supporting structural calculations, will be prepared for a fixed fee. The fee will be determined by the complexity of the project and pricing will be submitted at your request.

Delivery, Installation, Training and Warranty
Components and materials will be shipped approximately 6-8 weeks upon receipt of purchase order and completed checklist. A field service supervisor and job crew leader will be assigned prior to the system installation. They will remain with the project until completion to control all scheduling, freight, elevator access and all phases of the installation to assure complete satisfaction with minimal disruption to your staff. Spacesaver warrants that all equipment shall be free from defects in materials and workmanship for five (5) years from the date of the customer’s written acceptance of installation – to assure complete satisfaction. This proposal is based on installation utilizing a Monday-Friday workweek and nonunion hours of 8:00 AM – to 5:00 PM. Should you require different hours, other options are available. SSI will provide unlimited training to all users to assure optimal use of your system.

Extended Warranty Programs
Extended warranty programs are available to protect and preserve your investment. These programs include 1st priority service response and covered check-up appointments throughout the years.

For more information, simply ask your Systems Planner.

Why Spacesaver?
SPACESAVER is the industry leader in high-density mobile file systems. Spacesaver has been in business since 1972 and has more installations than all of its competitors. For material protection, storage efficiency, durability, reliability, security, safety, and accessibility, Spacesaver is the state of the art solution for all your storage requirements.

Who Is Systems & Space?
SYSTEMS & SPACE, INC. (SSI) is a
premier provider of space, storage and
filing solutions for today’s business
environment. Since 1988 we’ve been
developing complete storage and space
management strategies and solutions – for
all types of businesses. We are experts at
individual systems analysis, systems
hardware, engineering and
implementation. Our mission is to deliver
your project on time, within budget – and
trouble free.

Executive Summary
SYSTEMS & SPACE, INC., is pleased to
present this proposal to the space
management team at your company. The
attached detailed architectural drawings
outline your specific requirements and our
solution. This proposal is available for
acceptance 30 days from the cover date.

Why Systems & Space, Inc.?
In order to complete this project on time,
with high quality results, it is essential to
select a company that can work within
your timelines, budget and meet your
planning requirements, now and for the
long term.

SSI possesses the capability to ensure the
success of this project because:
• SSI understands the scope of your specific
planning requirements
• SSI engineering, project management
experience and system planning are
unparalleled in the industry
• SSI has a longstanding partnership with
Spacesaver Corporation
• SSI offers extended warranty programs to
preserve your investment for years to
come.

The SSI management team is committed at
every level to the success of your project.

This proposal will demonstrate to you that selecting SSI as your storage solution partner will create smarter storage initiatives and help uncover the space needed to grow.

Government
Partners in Progressive Storage Solutions
Justice
3 Drawing No. Description Investment
20596-MENS
LOCKERS-R2
20596-
WOMENS

LOCKERS
Spacesaver Freestyle Lockers (Men’s & Women’s Locker Rooms) Quantities & Sizes:
• [F1] – (28) – 18”W x 24”D x 72”H Personal Storage Lockers • [F2] – (2) – 24”W x 24”D x 72”H Personal Storage Lockers [F1] & [F2] include:
• Shelf/Hanger Combo
• External Drawer
• (2) Single Hooks
• Hasp Lock (user provided pad lock)
• End panel on exposed end
$59,015.00
**Please see drawing for configurations and dimensions**

The Investment includes all materials, tax, freight and installation for the Spacesaver system.

Systems & Space, Inc. is not responsible for any additional engineering fees. If a client elects to pay for our Seismic Calculation Services, it includes a standard set of calculations. Any additional engineering or product modifications will be an add on cost to the client.

Our price is valid for 60 days from the date of this proposal.

Sourcewell Contract Purchases
The Sourcewell has awarded Spacesaver with a national competitively bid contract governed by a national municipal contracting agency.

When purchasing under the Sourcewell contract, please use the following guidelines in preparing your purchase orders:

The purchase order will be made payable to: Systems & Space, Inc.

Please include the following information on your purchase order: Sourcewell Contract Number: 010920-SPC

Remit purchase order to: Systems & Space, Inc.
500 Boulder Court, Suite B
Pleasanton, CA 94566
CALIFORNIA STATE CONTRACTOR’S LICENSE NUMBER 599899
DIR CONTRACTOR’S REGISTRATION NUMBER 1000007450
Payment Terms *30% Deposit with order *40% Order ships from factory *30% Balance due upon completion 
Client Approval Print Name Date
Systems Planner: Matt Meyer Project #20596
Systems & Space Inc. Guarantees the Success of Your Project! 4 Critical Path to Installation: 12-Week Standard Lead Time Order placed – (see attached checklist)
• Week 1 – Systems Ordered by SSI
• Week 11 – Product Ships from Manufacturer
• Week 12 – SSI receives product and begins installation based on date set with King City Police Department Installation Information:

1. Company Name

2. Contact name at installation area

3. Street Address

4. Suite, Bldg., or Floor

5. City, State, Zip Code

6. Contact Phone # __________________________ Pager/Cell #

7. Fax # __________________________ E-Mail Address
Billing Information:

8. Company Name:

9. Accounting Department Contact Name

10. Billing Address

11. Suite, Bldg., or Floor

12. City, State, Zip Code

13. Contact Phone # ___________________________ Pager/Cell #

14. Fax # __________________________E-Mail Address
Acknowledgement Information:

15. Company Name

16. Contact name to send order Acknowledgement to

17. Street Address

18. Suite, Bldg., or Floor

20. City, State, Zip Code

21. Contact Phone # ___________________________Pager/Cell Systems Planner: Matt Meyer Project #20596
5 Checklist for Ordering & Developing Spacesaver System Review and sign off on drawings
Choose shelving colors from Spacesaver Color Selector:

Choose end panels from WilsonArt Laminate book:

Attach purchase order and deposit to proposal
Sign and date acceptance areas on proposal
Client’s Move Date:

General Contractor’s Name:

Phone # Fax #
Mobile # Email
Finished Floor Covering Type: Carpet or Tile (Circle one) Finished Floor Covering Installation Date:

If project is Existing Construction, is client considering replacing Finished Floor Covering? Yes / No Tile or Carpet (Circle one)
Is there a Construction/Move schedule available? Yes or No Project Completion Date:

Non union hours of Installation are Monday through Friday 8:00 AM to 5:00 PM.

After 5 PM and anytime on Saturday and Sunday is overtime.

Security: Do SSI personnel need access badges, escorts, etc? Parking: Are permits required? Yes or No

Client Approval Print Name Date

Systems Planner: Matt Meyer Project #20596
6 TERMS & CONDITIONS FOR PRODUCTS, SYSTEMS & INSTALLATIONS

1. GENERAL: These terms & conditions shall apply to sales from SYSTEMS & SPACE, INC. to BUYER and to any quotation by SYSTEMS & SPACE, INC. for sales. These terms & conditions shall not be superseded by any terms & conditions in BUYER’S order. If a Contract Agreement will be issued in lieu of, or in addition to execution of this proposal, Buyer agrees to include this proposal as an Exhibit to the Contract Agreement.

2. PRICING: This proposal is valid for 30 days from the date of the proposal.

3. PAYMENT TERMS: The Buyer shall issue a 30% deposit to SYSTEMS & SPACE INC. with order with balance due upon completion. If the BUYER issues a purchase order for goods and/or services, the BUYER shall state the deposit amount on BUYER’s purchase order. A monthly finance charge of 1 ½% per month shall accrue to the BUYER on all outstanding invoices beyond 30 days.

4. ENGINEERING DATA: The proposal, drawings and/or specifications of any quotation are confidential engineering data, and represent SYSTEMS & SPACE, INC.’S investment in engineering skill and development, and remain the property of SYSTEMS & SPACE, INC. Such are submitted with the understanding that the information will not be disclosed or used in any manner detrimental to SYSTEMS & SPACE, INC. All specifications and dimensions of proposal, drawings are approximate, and are subject to changes during detailed engineering.

5. DELIVERY: Shipping or delivery dates are approximate. SYSTEMS & SPACE, INC. shall not be liable for delays in or failure of delivery due to changes requested by BUYER, or causes beyond its control. At the request of BUYER, BUYER shall make payment as though shipment has been made as specified and for any expenses incurred by SYSTEMS & SPACE, INC. due to BUYER’S request in delaying shipment.

6. STORAGE: If product is stored for more than 30 days at SYSTEMS & SPACE, Inc. due to delays in delivery caused by BUYER, SYSTEMS & SPACE INC. will charge BUYER at the rate of 1% of BUYER’s invoice per month pro-rated daily.

7. SPECIALS: Special items not considered as standard inventory by SYSTEMS & SPACE, INC. and/or manufactured by SYSTEMS & SPACE, INC. to BUYER’S specifications or job requirements, will become the sole property of the BUYER and will not be accepted for return.

8. INSURANCE: SYSTEMS & SPACE, INC. carries Workers’ Compensation insurance with statutory limits as required by law. In addition, SYSTEMS & SPACE, INC. carries General Liability Insurance with $1M occurrence/$2M general aggregate/$2M completed operations, and Auto Liability with $1M combined single limit. Upon request, entities shall be named as Additional Insured under endorsement CG D2 48 080 05.

9. CANCELLATION: On all cancelled orders, BUYER shall compensate SYSTEMS & SPACE, INC. for its performance, commitments and damage as follows: BUYER shall pay SYSTEMS & SPACE, INC. a cancellation fee not to exceed the original purchase price.

10. CONSTRUCTION AREA: BUYER shall provide SYSTEMS & SPACE, INC. with a free and clear construction site. All materials and/or construction shall be removed from the area. BUYER will furnish SYSTEMS & SPACE, INC. with adequate electrical power to efficiently operate the power tools required for the installation.

11. UNLOADING, SPOTTING AND STORAGE: BUYER shall provide SYSTEMS & SPACE, INC. with adequate unloading facilities, and sufficient access to those facilities to insure SYSTEMS & SPACE, INC.’S efficient unloading procedure. Adequate aisles shall be provided by the BUYER to provide efficient handling of the materials from the unloading of storage area to the construction site.

12. COMMENCEMENT OF INSTALLATION AT JOB SITE: SYSTEMS & SPACE, INC. will not be obligated to commence work at job site until receipt of written notice from BUYER that BUYER’S building is ready for use and necessary utilities and equipment are supplied there as well.

13. CHANGES IN WORK: Should the BUYER order changes in the work, such orders and adjustments shall be made in writing to SYSTEMS & SPACE, INC. The contract price shall be adjusted according to the changes in the work specified.

14. COMPLETION: Installation shall be deemed completed upon use of any equipment by BUYER.

15. FLOORS: BUYER is responsible for the load bearing capacity of the floor upon which the proposed installation shall be constructed.

16. FLOOR COVERING: Existing floor covering may require removal prior to the start of our scope of work. Removal and replacement of existing floor covering is specifically excluded from this proposal. Should the client wish Systems & Space, Inc. to remove the existing floor covering, please consult your Systems Planner for a quote for this work. Please note that while Systems & Space, Inc. will use every precaution to maintain the integrity of the existing floor covering, we cannot guarantee that the existing floor covering will be suitable for reuse. Client acknowledges that installation of new floor covering may be required, at an additional cost to client.

17. SURVEYS, PERMITS AND REGULATIONS: BUYER shall procure and pay for all permits, inspections, and/or structural calculations required by any governmental authority for any part of the work performed by SYSTEMS & SPACE, INC., except if otherwise stated.

18. TESTING: All material and equipment for testing the installation shall be provided at BUYER’S expense. At the time that SYSTEMS & SPACE, INC. states to the BUYER that the work is complete, the BUYER will inspect the work and if the work is in conformity with the terms and provisions of the proposal, the BUYER shall accept the same and deliver to SYSTEMS & SPACE, INC. a signed statement of acceptance. If the BUYER fails to so notify SYSTEMS & SPACE, INC. or if the BUYER fails to make such inspection, the work shall be conclusively deemed accepted by the BUYER.

19. LABOR RELATIONS: SYSTEMS & SPACE, INC. is a non-union contractor. Unless specifically outlined in the project specifications and/or bid documentation, our bid will not be based upon compliance with the terms and conditions of any labor agreements. Any requirement to comply with labor agreements identified after submission of this bid will require an increase in our contract amount to reflect this change. Our proposal is based upon an eight (8) hour workday during normal business hours (unless otherwise specified). No provisions have been made for overtime or shift premium pay.

20. LEGAL ACTION: In the event that any legal action is initiated regarding the breach of any terms or conditions of this agreement, the prevailing party shall be entitled to receive in addition to any damages suffered, their court costs and attorney’s fees incurred. 
Client Approval Print Name Date
Systems Planner: Matt Meyer Project#20596
NOTICE: This proposal contains information that is proprietary to Systems & Space, Inc. and is intended for the use of City of King City only.

No part of this proposal or the enclosed CAD drawings may be used, reproduced or disclosed to any other party without prior consent of Systems & Space, Inc.
7 References
Companies who have entrusted SYSTEMS & SPACE, INC.
with developing space and capacity solutions for their organizations.

Item No. 9 (F)

REPORT TO THE CITY COUNCIL
DATE: APRIL 25, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, CE, PUBLIC WORKS DIRECTOR/CITY

ENGINEER
RE: CONSIDERATION OF FINAL PARCEL MAP PM22-000001

CONFORMANCE AND PUBLIC STREET DEDICATION
RECOMMENDATION:

It is recommended that Council: 1) affirm the action of the Planning Commission of April 18, 2023 determining that the Final Parcel Map PM22-000001 is in substantial conformance with the approved Tentative Parcel Map Case No. 2018-002; 2) authorize the City Engineer to execute the Final Parcel Map PM22- 000001; and 3) authorize the City Clerk to transmit the Final Parcel Map to the County Recorder of the County of Monterey for filing, pursuant to the Subdivision Map Act and Chapter 16 of the Municipal Code.

BACKGROUND:

The Planning Commission approved a Tentative Parcel Map (TPM Case No. 2018-002) to subdivide two existing lots into three lots located at 327 and 331 North Russ Street at their meeting on October 16, 2018. Pursuant to Municipal Code Chapter 16.32, the Planning Commission must review the draft final parcel map for consistency with the Tentative Parcel Map before the City Engineer can sign the Final Parcel Map and then recommend the City Council direct the City Clerk to transmit the Final Parcel Map to the County Recorder for recordation.

DISCUSSION:

Staff reviewed the Final Parcel Map and confirmed that it is in substantial conformance with the approved Tentative Parcel Map. On April 18, 2023, the Planning Commission determined the Final Parcel Map was in substantial conformance with the approved Tentative Parcel Map, authorized the Planning Commission Secretary to certify the Final Parcel Map as being in substantial conformance and recommended the City Council direct the City Clerk transmit the Final Parcel Map to the County Recorder’s office once deeds are recorded.

Item No. 9 (G)

REPORT TO THE CITY COUNCIL
DATE: APRIL 25, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF NETWORK SERVER UPGRADE
RECOMMENDATION:

It is recommended the City Council 1) approve and authorize the City Manager to execute a purchase of new servers and related equipment for the City’s computer network; and 2) appropriate $117,000 from the General Fund unappropriated fund balance for the cost of the purchase.

BACKGROUND:

The City’s network servers are 5 years old. In October 2023, they will reach their end-of-life and will no longer be supported. Given the time it takes for delivery and installation, it is important to order the equipment at this time to allow sufficient time for the new servers to be operational prior to the existing servers being placed out of service.

DISCUSSION:

The City computer network system includes 5 servers. Technical issues have begun to occur and all need to be replaced. The bid for replacement was obtained from Alvarez Technology Group, the City’s IT service provider. A copy of the invoice is attached.

All servers are running on Windows Standard 2012r2. Without this replacement, the City would be at risk of losing its cyber security insurance and other vendor regulations. Staff would also like to proceed as soon as possible because the new accounting software system cannot be implemented until the new servers have been installed.

Item No. 9 (H)

REPORT TO THE CITY COUNCIL
DATE: APRIL 25, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: MODIFICATION OF COMMUNITY DEVELOPMENT STAFFING
RECOMMENDATION:

It is recommended the City Council: 1) approve new job descriptions for positions of Community Development Director and part-time Planner; 2) allocate one new Community Development Director position and one part-time Planner position; 3) eliminate one full-time Planner position; and 4) adopt a Resolution approving an amended salary schedule.

BACKGROUND:

The current staffing of the Community Development Department includes a parttime contract Community Development Director and Principal Planner, a full-time Planner and a full-time Planning Technician. A number of changes have occurred that require restructuring of the department. First, the Community Development Director and Principal Planner have both announced their retirements planned for the end of the year. Second, the Planner has personal commitments that no longer enable her to work full-time at City Hall. Staff has analyzed the City’s needs and constraints and are presenting recommended adjustments for City Council’s consideration.

DISCUSSION:

There currently is a shortage of planning consultants. As a result, it would be difficult to find another part-time planning consultant to serve as the Community Development Director, particularly in this area. In addition, with the absence of the full-time Planner, the City will need additional high-level planning staff available in the office on a daily basis. Therefore, staff recommends a full-time Community Development Director position be created.

CITY COUNCIL

MODIFICATION OF COMMUNITY DEVELOPMENT STAFFING
APRIL 25, 2023
PAGE 2 OF 3
One of the major priority budget goals for this year approved by City Council is to begin the process of a comprehensive update of the Municipal Code. The last Code update occurred in 1973. If the City contracts for consultant services to prepare the proposed update, it will likely cost several hundreds of thousands of dollars.

Since the existing Planner has a high level of familiarity with the Municipal Code, it is recommended to create a part-time Planner position for the incumbent rather than fill the vacancy with an additional full-time employee. The part-time Planner would work remotely the majority of hours in addition to a half-day at City Hall once a week to review progress and receive direction. The responsibilities would consist primarily of the Municipal Code update, grant administration, and other tasks that would be effective to accomplish remotely.

This proposal would result in one full-time Community Development Director, a part-time Planner (25 hours per week), and a full-time Planning Technician. It would provide for two full-time staff in City Hall on a regular basis and a feasible strategy to update the Municipal Code. Staff believes this is an appropriate staffing level for a Community Development Department for a city the size of King City and will best meet the needs of the City given available financial resources.

COST ANALYSIS:

The changes would result in a cost increase of approximately $25,000.

ENVIRONMENTAL REVIEW:

Personnel changes 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 indirect physical change in the environment. No further action is required under CEQA for City Council action.

ALTERNATIVES:

The following alternatives have been identified for City Council consideration:

1. Do not approve the changes and direct staff to work on identifying a potential part-time contract Community Development Director;

2. Do not approve the proposed part-time Planner position and contract out update of the Municipal Code;

3. Maintain the full-time Planner to increase full-time staffing to 3; or

4. Provide staff other direction.

Item No. 9 (I)

REPORT TO THE CITY COUNCIL
Date: APRIL 25, 2023
To: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
From: MIKE HOWARD, FINANCE DIRECTOR
Subject: CONSIDERATION OF RIVERVIEW GARDENS LANDSCAPE

MAINTENANCE DISTRICT ANNUAL ASSESSMENT FOR FISCAL YEAR
2023-24
RECOMMENDATION:

It is recommended the City Council;
1) Adopt Resolution No. 2023-4939, initiating proceedings and ordering the assessment engineer, Harris & Associates, to prepare and file a report for the Riverview Gardens Landscape Maintenance District, pursuant to provisions of the Landscaping and Lighting Act of 1972 (“Act”) of the Streets and Highways Code of the State of California;
2) Adopt Resolution No. 2023-4940, preliminarily approving the Engineer's Report which generally describes the improvements or any substantial changes to the improvements for the Riverview Gardens Landscape Maintenance District, pursuant to provisions of the Landscaping and Lighting Act of 1972 of the Streets and Highways Code of the State of California; and
3) Adopt Resolution No. 2023-4941, announcing intention to levy and collect assessments within the Riverview Gardens Landscape Maintenance District and fixing time and place for public hearing on the levy of the proposed assessment, pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California.

BACKGROUND:

The Riverview Gardens Landscape Maintenance District was formed in 1998 for the purpose of providing maintenance services to landscaping and appurtenant improvements for the Riverview Gardens development and assessing those properties which benefit from this service. Each year the City Council must, by law, order the preparation of an Engineer's Report describing the existing and proposed maintenance

CITY COUNCIL

CONSIDERATION OF RIVERVIEW GARDENS LANDSCAPE MAINTENANCE DISTRICT ANNUAL ASSESSMENT FOR FISCAL YEAR 2023-24
APRIL 25, 2023
PAGE 2 OF 3
services, and conduct a public hearing to establish and order the amount of assessment for the next fiscal year.

At the time the District was formed, the engineer included an annual assessment adjustment equal to the April Consumer Price Index for the San Francisco-OaklandHayward areas (“CPI”). Each year since the District was formed, a new maximum assessment was established by applying the April CPI to the Maximum Assessment for the prior year. The City may assess the District parcels any amount up to the established Maximum Assessment for that year, but may not exceed that amount. Included in the Engineer’s Report is a table showing the Maximum Assessment and the Actual Assessment for each year since the District was formed.

DISCUSSION:

The Resolutions provide notice to the members of the District and citizens of the City of King of the City’s intent to again levy and collect assessments fees for the previously formed landscaping and lighting district. In addition, the Resolutions establish that the City Council: (1) finds that the public interest and convenience requires, and (2) declares its intention to order the levy of and to collect assessments against the assessable lots and parcels of property within an existing assessment district designated “Landscaping and Lighting Maintenance District “Riverview Gardens Landscape Maintenance District” (“District”). The assessment is levied pursuant to the provisions of the Act for the fiscal year commencing July 1, 2022 and ending June 30, 2023 to pay for the costs and expenses of the improvements described in the Resolution. In addition, the Resolution will establish the purpose of the Landscaping and Lighting District No. 2, which is for the operation and maintenance of street lighting, public landscaping, and all related appurtenances located within public right-of-way, dedicated easements, or dedicated public properties of the tracts and public lands in the City of King. Lastly, it establishes the scope of improvements which will be provided within the District.

COST ANALYSIS:

The District was established to fund the ongoing maintenance and servicing of the improvement. The properties within the District are assessed annually through the Monterey County tax roll. The costs to maintain and service the improvements for Fiscal Year 2023-24 has been estimated at $20,863.80. Each of the 45 parcels in the District benefits equally from the improvements and as a result, each parcel is assessed the same amount. For Fiscal Year 2022-23, that amount is $463.64. If the assessments are not charged to the properties within the District, the costs to maintain the improvements will have to be funded in some other way.

Please note that the April 2023 CPI was not available at the time this Report was produced. 6% was used as an estimate for the April CPI. This will allow the City Council to reduce the approved assessment rate at the Public Hearing without violating

RESOLUTION NO. 2023-4939

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING INITIATING

PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS AND ORDERING

THE PREPARATION OF ANNUAL ASSESSMENT REPORTS FOR THE CITY OF KING’S RIVERVIEW GARDENS LANDSCAPE MAINTENANCE DISTRICT FOR FISCAL YEAR 2023/24
WHEREAS, the City Council of the City of King has previously formed a special maintenance district pursuant to the terms of the “Landscaping and Lighting Act of 1972” (the 1972 Act”), being Division 15, Part 2 of the Streets and Highways Code of the State of California (commencing with Section 22500). Said special maintenance district is known and identified as Riverview Gardens Landscape Maintenance District (hereafter referred to as the District”); and,
WHEREAS, the City Council has retained Harris & Associates (“Harris”) for the purpose of assisting with the annual levy of the District and to prepare and file with the City Clerk, the Engineer’s Report (“Report”) for the District in accordance with the 1972 Act; and, NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

SECTION 1. ENGINEER’S REPORT: The City Council wishes to initiate proceedings for the preparation of the Engineer’s Report (“Report”) and hereby orders Harris to prepare and file with the City Clerk, the Report concerning the annual levy and collection of assessments for the District. Said levy and collection shall be for the fiscal year commencing July, 1, 2023 and ending June 30, 2024 in accordance with Chapter 3, Section 22622 of the 1972 Act.

SECTION 2. PROPOSED IMPROVEMENTS: The improvements within the District may include, but are not limited to: turf, shrubs, plants and trees, landscaping, irrigation and drainage systems, graffiti removal, masonry walls, and associated appurtenances within the public rightof-ways or specific easements. Services provided include all necessary service, operations, administration and maintenance required to keep the improvements in a healthy, vigorous and/or satisfactory operating condition. For specific improvements within the District please refer to the Report.

PASSED AND ADOPTED at a regular meeting of the City Council this 25th day of April 2023, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
______________________________
Mike Lebarre, Mayor
EXHIBIT 1
Resolution 2023-4939
ATTEST:
___________________________
Erica Sonne, City Clerk
APPROVED AS TO FORM:
___________________________
Roy Santos, City Attorney
RESOLUTION NO. 2023-4940

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING FOR

PRELIMINARY APPROVAL OF THE ANNUAL ASSESSMENT REPORT

REGARDING THE PROPOSED LEVY AND COLLECTION OF ASSESSMENTS

FOR THE RIVERVIEW GARDENS LANDSCAPE MAINTENANCE DISTRICT FOR FISCAL YEAR 2023/24
WHEREAS, the City Council, pursuant to the provisions of the “Landscape and Lighting Act of 1972” (the “1972 Act”), being Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) did by previous Resolution, order the preparation of an Engineer’s Report (the “Report”) for the special maintenance district known and designated as Riverview Gardens Landscape Maintenance District (the “District”); and,
WHEREAS, there has now been presented to the City Council the Report as required by Chapter 1, Article 4, Section 22566 of the 1972 Act; and, WHEREAS, the City Council has carefully examined and reviewed the Report as presented and is preliminarily satisfied with said Report, each and all of the budget items and documents as set forth therein and is satisfied that the assessment amounts, on a preliminary basis, have been spread in accordance with the special benefit received from the improvements, operation, maintenance and services to be performed within the District as set forth in said Report; and,

NOW, THEREFORE BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL, FOR THE DISTRICT, AS FOLLOWS:

SECTION 1. That the above recitals are true and correct.

SECTION 2. That the Report as presented, consisting of the following:
a. A Description of Improvements to be maintained and serviced. b. A description of the annual Costs and Expenses of the District. c. The Method of Apportionment of Assessments.
d. An Assessment Roll showing the assessments to be levied against each assessable parcel in the District.
e. A Diagram showing the boundaries of the District.
is hereby approved on a preliminary basis and is ordered to be filed in the office of the City Clerk as a permanent record and to remain open to public inspection.

SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report.

EXHIBIT 2
Resolution 2023-4940
PASSED AND ADOPTED at a regular meeting of the City Council this 25th day of April 2023, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
______________________________
Mike Lebarre, Mayor
ATTEST:
___________________________
Erica Sonne, City Clerk
APPROVED AS TO FORM:
___________________________
Roy Santos, City Attorney
RESOLUTION NO. 2023-4941

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING DECLARING ITS

INTENT TO LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR THE

RIVERVIEW GARDENS LANDSCAPE MAINTENANCE DISTRICT FOR FISCAL YEAR 2023/24
WHEREAS, the City Council has, by previous Resolutions formed said special maintenance district, and has initiated proceedings for Fiscal Year 2022/23, pursuant to the provisions of the “Landscape and Lighting Act of 1972” (the “1972 Act”), being Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) that provides for the levy and collection of assessments by Monterey County to pay for the annual maintenance and servicing costs of all improvements and facilities related thereto. Said special maintenance district is known and identified as Riverview Gardens Landscape Maintenance District (hereafter referred to as the “District”); and, WHEREAS, the City Council has retained Harris & Associates (“Harris”) for the purpose of assisting with the annual levy of the District and to prepare and file an Engineer’s Report (the “Report”) for the District, in accordance with the 1972 Act; and,

NOW, THEREFORE BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL, FOR THE DISTRICT, PURSUANT TO CHAPTER 3, SECTION 22624 OF THE 1972 ACT, AS FOLLOWS:

Section 1 Intention: The City Council hereby declares that it is its intention to seek the annual levy of the District pursuant to the 1972 Act, over and including the land within the District boundaries and to levy and collect assessments on all benefitting land to pay the annual costs of the maintenance and servicing of the improvements located within the District. The City Council finds that the public’s best interest requires such levy and collection.

Section 2 District Boundaries: The boundaries of the District are described in the Report. Please refer to the Report for a full and complete description of the specific boundaries and diagram.

Section 3 Description of Improvements: The improvements within the District may include, but are not limited to: turf, shrubs, plants and trees, landscaping, irrigation and drainage systems, graffiti removal, masonry walls, and associated appurtenances within the public rights-of-way or specific easements. Services provided include all necessary service, operations, administration and maintenance required to keep the improvements in a healthy, vigorous and/or satisfactory operating condition.

Section 4 Proposed Assessment Amounts: For Fiscal Year 2023/24, the proposed assessments are shown in the Report. Said Report also details any changes or increases in the annual assessments.

EXHIBIT 3
Section 5 Public Hearing: The City Council hereby declares its intention to conduct a Public Hearing annually concerning the levy of assessments for the District in accordance with Chapter 3, Section 22626 of the 1972 Act.

Section 6 Notice: The City Council shall give notice of the time and place of the Public Hearing to all property owners within the District by causing the publishing of this Resolution once in the local newspaper not less than ten (10) days before the date of the Public Hearing and by posting a copy of this Resolution on the official bulletin board customarily used by the City for the posting of notices. All interested persons shall be afforded the opportunity to hear and be heard.

Section 7 Notice of Public Hearing: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday June 13, 2023 at 6:00 p.m. at City Hall, located at 212 South Vandenhurst Avenue, King City.

Section 8 The City Clerk is hereby authorized and directed to give notice of said Public Hearing as provided by the 1972 Act.

PASSED AND ADOPTED at a regular meeting of the City Council this 25th day of April 2023, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
______________________________
Mike Lebarre, Mayor
ATTEST:
___________________________
Erica Sonne, City Clerk
APPROVED AS TO FORM:
___________________________
Roy Santos, City Attorney

CITY OF KING
PRELIMINARY ENGINEER’S REPORT
FISCAL YEAR 2023-24

RIVERVIEW GARDENS LANDSCAPE

MAINTENANCE DISTRICT
May 2023

PREPARED BY
Harris & Associates
450 Lincoln Avenue, Suite 103
Salinas, CA 93901
www.weareharris.com
EXHIBIT 4
Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2023-24

TABLE OF CONTENTS
STATEMENT OF ASSESSMENT ENGINEER….……………………………………………………………..1 PART 1 – PLANS AND SPECIFICATIONS……………………………………………………………………..3 PART 2 – ESTIMATE OF COSTS………………………………………………………………………………….4 PART 3 – ASSESSMENT DIAGRAM…………………………………………………………………………….7 PART 4 – METHOD OF APPORTIONMENT………………………………………………………………...8 APPENDIX A – ASSESSMENT ROLL…………………………………………………………………………..12 APPENDIX B – DISTRICT DIAGRAM.………………………………………………………………………...15 Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2023-24
1 STATEMENT OF ASSESSMENT ENGINEER
AGENCY: CITY OF KING
PROJECT: RIVERVIEW GARDENS LANDSCAPE MAINTENANCE DISTRICT TO: THE CITY COUNCIL

CITY OF KING

STATE OF CALIFORNIA
ENGINEER’S REPORT FOR FISCAL YEAR 2023-24
The preparation of this Annual Engineer’s Report (“Report”) is in conformance with the obligation of the City Council for the Riverview Gardens Landscape Maintenance District of the City of King to provide landscaping services for each lot or parcel of land in the district in proportion to the estimated benefit to be received by each such lot or parcel of land for Fiscal Year 2023-24.

Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 Division 15 of the Streets and Highways Code of the State of California, commencing with Section 22500) (“Act”), Article XIIID, Section 4(a) of the State of California Constitution, and in accordance with the City of King’s Resolution being adopted by the City Council for the:

RIVERVIEW GARDENS LANDSCAPE MAINTENANCE DISTRICT
(Hereinafter referred to as the “District”),
I, Alison Bouley, authorized representative of the District, the duly appointed Assessment Engineer submit the following Report consisting of the following four (4) parts and Appendices:

PART 1
Description of Improvements: This part provides a general description of improvements maintained in the District. Plans and specifications for the improvements are on file with the City and are hereby made a part of this Report by reference.

PART 2
Estimate of Cost: This part contains the cost estimate of the proposed maintenance including incidental costs and expenses for Fiscal Year 2023-24.

PART 3
District Diagram: This part incorporates a Diagram of the District showing the external boundaries of the District. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Monterey County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report. The District Diagram is filed under separate cover with the office of the City Clerk. A copy of the District Diagram is included herein as Appendix B.

Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2023-24
2 PART 4
Method of Apportionment of the Assessments: This part describes the method of apportionment of assessments, based upon parcel classification of land within the District in proportion to the estimated special benefits to be received. The costs and expenses of the District have been assessed upon the parcels of land within the boundaries of District pursuant to the initial methodology established Resolution No. 3757 approved on the 19 th day of May, 1998.

Appendices
Appendix A – Assessment Roll
Appendix B – District Diagram
In conclusion, it is my opinion that the costs and expenses of the District have been assessed to the lots and parcels within the boundaries of the District in proportion to the estimated benefits to be received by each lot or parcel from the services provided.

DATED this day of , 2023
_____________________________________
Alison Bouley P.E., Assessment Engineer
R.C.E. No. C61383
Engineer of Work
Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2023-24
3 PART 1 – PLANS AND SPECIFICATIONS
The District was formed for the purpose of ensuring the ongoing operation, maintenance and servicing of certain landscape improvements within the boundaries of the District. Said improvements are detailed below under “Improvements and Services Provided”.

The Riverview Gardens Landscape Maintenance District is within the boundaries of the City and is located south of Willow Street, east of San Antonio Drive, and generally north of King City high school.

The District is comprised of the residential development known as Riverview Gardens and includes forty-five (45) developed single-family residential parcels.

The plans and specifications for the improvements, showing the general nature, location, and the extent of the improvements, are on file with the City and are incorporated herein by reference.

IMPROVEMENTS AND SERVICES PROVIDED
The following are the specific improvements maintained and serviced within the District:
• Landscape maintenance along the Willow Street frontage, including ground cover, shrubs, trees and irrigation system. Landscaping total approximately 12,275 square feet. • Masonry wall maintenance, including graffiti abatement at the entrance to the tract. Masonry wall is 300 linear feet by 6 feet high.
• Utilities including water and electricity for landscaping.

Maintenance includes all necessary repair, service, and replacement of improvements, including the masonry wall, water and electrical energy to run the irrigation system, fertilizer, weeding, debris removal, etc.

Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2023-24
4 PART 2 – ESTIMATE OF COST
The estimated budget for the annual maintenance and servicing of the improvements and the proportionate share of administration costs of the District have been prepared based on the estimated and recent historical costs of the District.

The estimated 2023-24 District budget is shown below.

ESTIMATE OF COST

DIRECT COSTS
Utility – Water and Electricity $4,200.00
Supplies – Irrigation $265.00
Contract Services – Landscape Maintenance (12,275 sf @0.46/sf) (ex: tree & shrub maintenance and replacement, sprinkler repairs, etc.) $6,540.00
Masonry Wall – Maintenance and Graffiti Abatement $180.00 Professional Services – Public Works (inspection & oversight) $530.00 Direct Costs Sub-Total $11,715.00

ADMINISTRATIVE COSTS
Professional Services – Engineer’s Report Preparation $1,500.00 City Administration Fee (10% of Direct Costs) $1,171.50 County Administration Fee (0.25% of Balance to Assessment) $52.16 Rounding Adjustment (to make an even penny for tax roll purposes) $0.00 Administrative Costs Sub-Total $2,723.66
SUBTOTAL DIRECT AND ADMINISTRATIVE COSTS $14,438.66
Operating Reserve Collection/(Reduction) $883.00
Capital Reserve Collection/(Reduction) $5,542.00
TOTAL BALANCE TO ASSESSMENT $20,863.66
Total Assessable Parcels/Units 45
ASSESSMENT PER PARCEL/UNIT $463.64
Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2023-24
5 The 1972 Act requires that a special fund be set-up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments or to fund costs which are greater than revenue from the assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. Estimated beginning and ending fund balances for Fiscal Year 2022-23 are shown in the following table.

Section 22569 (a) of the 1972 Act allows the District assessments to “…include a reserve (Operating Reserve) which shall not exceed the estimated costs of maintenance and servicing to December 10 of the fiscal year, or whenever the city expects to receive its apportionment of special assessments and tax collections from the county, whichever is later.”

DISTRICT FUND BALANCES

OPERATING RESERVE FUND
Estimated Reserve Fund Beginning Balance as of July 1, 2023 $6,336.39 Operating Reserve Collection/(Reduction) – Fiscal Year 2023-24 883.00 Estimated Reserve Fund Balance Ending June 30, 2024 $7,219.39

CAPITAL RESERVE FUND
Estimated Reserve Fund Beginning Balance as of July 1, 2023 $3,115.01 Capital Reserve Collection/(Reduction) – Fiscal Year 2023-24 5,542.00 Estimated Reserve Fund Balance Ending June 30, 2024 $8,657.01 Operating Reserve collections will continue until such time as the fund balance reaches approximately 50% of the annual budget. This is necessary to fund the District costs for the first 6 months of the fiscal year. After the Operating Reserve has been fully funded (50% of annual costs), any future collections will be to maintain the fund balance at the proper level (approximately 50% of the annual costs).

Capital Reserve collection is intended for the eventual replacement of the masonry wall at the entrance of the development. Masonry walls typically have an expected useful life of approximately 30 years. The wall was installed in 1998, leaving approximately seven years of useful life, as of Fiscal Year 2023-24. The allowable District assessment is insufficient for Capital Reserve collections at this time, but future budgets may include amounts to contribute to the replacement of the masonry wall.

Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2023-24
6 DESCRIPTION OF COST ESTIMATE ITEMS
• Utility – Water & Electricity: The costs to provide water and electrical utilities for the landscaping improvements within the District.
• Supplies – Irrigation: The costs to replace batteries providing electrical power to the irrigation system.
• Contract Services – Landscape Maintenance: The contracting costs associated with performing the landscape maintenance duties associated with the improvements within the District. In Fiscal Year 2021-22 the City hired a landscape contractor to perform these services. Annual costs will be adjusted to reflect the actual contract costs in future years. • Masonry Wall: Costs associated with the maintenance of the masonry wall, including graffiti removal, painting and repairs. This cost is currently equal to $0.10/sf, but may be adjusted as necessary to cover actual costs.
• Professional Services Special – Public Works: Costs associated with individuals within the Public Works Department who contribute time to inspection of the improvements, and oversight of the work performed by the landscape contractor.
• Professional Services – Engineer: The contracting costs associated with hiring a consultant for the preparation of an engineer’s report, resolutions, staff reports, notices, assessment roll and budget. • City Administration Fee: Costs associated with individual City Staff and Management (City Clerk, City Council, City Manager, Finance Director, City Engineer, etc.) who contribute time to the annual administration and oversight of the District, and totals 10% of Direct Costs. This may include but is not limited to, preparation for and attendance of meetings, legal counsel, printing, preparation and posting of public notices, mailing, budgeting, etc.
• County Administration Fee – The County costs related to placement of the annual assessment charges onto the tax roll and the generation of annual tax bills related thereto. This charge is 0.25% of the total amount levied for the District.
• Contingency – This item includes costs related to the unplanned repair or replacement of any of the improvements, including the irrigation system.
• Operating Reserve Collection/(Contribution): This item shows any collections which adds to the Operating Reserve Fund balance, or contributions made from the Operating Reserve Fund, to offset the annual budget.
• Capital Reserve Collection/(Contribution): Collections for replacement costs related to the masonry wall, irrigation system and trees at the end of their useful life or due to accident or natural disaster. • Estimated Reserve Fund Balances: These items show the estimated Operating and Capital Reserve Fund amounts at the beginning and end of the fiscal year. The estimated ending balance reflects any collections or reductions from the estimated beginning balance.

Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2023-24
7 PART 3 – ASSESSMENT DIAGRAM
A diagram showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District has been submitted to the office of the City Clerk of the City, and is hereby made a part hereof by reference.

A copy of the assessment diagram for the District is included in Appendix B of the Report.

Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2023-24
8 PART 4 – METHOD OF APPORTIONMENT
General
Street and Highways Code Section 22573 requires that maintenance assessments be levied according to benefit rather than according to assessed value. This section states:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
— Streets and Highways Code Section 22573
The 1972 Act permits the designation of areas of benefit within any individual assessment district if "by reason of variations in the nature, location, and extent of the improvements, the various areas will received different degrees of benefit from the improvements." (Sec. 22574). Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax." In November 1996, the voters of California adopted Proposition 218, which has been codified as Articles XIIIC and XIIID of the California Constitution. Proposition 218 imposed a number of substantive and procedural requirements on taxes, assessments, and property-related fees imposed by local governments in California.

The method of apportionment described in this Report, and confirmed by the City Council, utilizes commonly accepted engineering practices established pursuant to the 1972 Act and the California Constitution for the allocation of special benefit assessments. The calculation of assessments is based upon the parcel type and the services and improvements provided to equitably apportion the costs based on the special benefit received by each lot or parcel. The special benefit received by each lot or parcel is over and above any general benefit conferred upon said lots or parcels or to the public at large.

SPECIAL BENEFIT
The improvements and associated costs have been allocated to the assessable properties within the District based upon the special benefit received by those properties. The improvements for which the properties are assessed have been identified as necessary, were installed and are being maintained as part of the development plans specifically for each tract. As such, the improvements and continuing maintenance and servicing of those improvements are strictly the obligation of the properties within the District.

General Benefit
Although the improvements may be visible to passersby or to the public at large, the improvements were installed as a requirement of the development of the tract and are for the sole benefit of those properties. It has been determined therefore, any access or use by properties or individuals outside the District is completely incidental and the costs of operating, maintaining and servicing said improvements therefore provides no measurable benefit to outside properties or individuals.

Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2023-24
9 Definition of Special Benefit
The method of apportionment described in this Report is based on the premise that each assessable parcel or unit receives distinct and special benefits from the improvements and services provided, including the visual desirability provided by well-maintained landscaping. In accordance with Article XIII D, Section 4 of the California Constitution:
“Special benefit means a particular and distinct benefit over and above general benefits conferred on real property located in the District or the public at large” The special benefits associated with local landscaping improvements are specifically:
• Enhanced desirability of properties due to proximity and accessibility of the improvements. • Improved aesthetic appeal provided by a positive representation of the development, neighborhood and the community.
• Reduced vandalism and other criminal activity.

ASSESSMENT RANGE FORMULA
It is generally recognized that most budgetary items will be impacted by inflation in future years. In accordance with the California Constitution, Section 53739 (b)(1), assessments “may be adjusted for inflation pursuant to a clearly defined formula…” A formula for an inflationary adjustment is therefore included as part of the maximum assessment for this District and was approved by the property owner(s) at the time of formation. The formula, as described below, allows for annual adjustments to the budget and the assessments.

To impose a new assessment or increased assessment in excess of the Maximum Assessment Rate for the current fiscal year, as provided by the following Assessment Range Formula, the City must comply with the provisions of the California Constitution, Article XIII D, Section 4c that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting. Property owners must approve the proposed new or increased assessment via a property owner protest balloting process before any such new or increased assessment can be imposed.

A protest occurs when, at the public hearing, the returned assessment ballots opposed to the new or increased assessment outweigh the returned ballots in favor of the new or increased assessment, weighting those assessment ballots by the financial obligation of each parcel.

The definition of new or increased assessments includes any assessment which, 1) did not previously exist or, 2) exceeds a previously approved assessment amount or assessment range formula. Any assessment range formula must have been previously adopted by the agency and approved by the property owners.

ASSESSMENT METHODOLOGY
The benefit formula used to determine the financial obligation for each parcel is based on the improvements benefitting the parcels, as well as the use, or type, of each parcel that benefits from said improvements. One of the more common approaches to fairly distributing District costs to the benefitting parcels in maintenance districts such as this utilizes a methodology referred to as the “Per Parcel” method of apportionment. This method, as confirmed by the City Council at the time the District was formed, identifies the fact that all the parcels in the District, each being single family residential, benefit equally from the improvements provided by the District.

Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2023-24
10 The initial maximum assessment for this District was established at the time of formation and was assessed for the first time during the 1998-99 fiscal year. That initial maximum assessment was $221.72 per parcel. This initial maximum assessment has been adjusted each subsequent fiscal year by the following Assessment Range Formula:
• The Maximum Assessment Rate allowed each fiscal year (the “Adjusted Maximum Assessment Rate”) shall be based on the initial maximum assessment established in Fiscal Year 1998-99, adjusted annually by the Bureau of Labor Statistics, Consumer Price Index for the month of April, All Urban Consumers, (“CPI”) for the San Francisco/Oakland/Hayward area. Should the Bureau of Labor Statistics revise or discontinue the preparation of such index, the City reserves the right to use such revised index or a comparable system to determine fluctuations in the annual cost of living.
• Each fiscal year, the CPI shall be applied to the Maximum Assessment Rate established the previous fiscal year to calculate the appropriate Adjusted Maximum Assessment Rate for the current fiscal year. • If the proposed annual assessment rate (levy per parcel) for the any year is less than or equal to the Adjusted Maximum Assessment Rate established for that fiscal year then the proposed annual assessment is not considered an increased assessment.

Beginning in the second fiscal year after the formation of the District (1999-00) and each fiscal year since, the Maximum Assessment Rate has been recalculated and a new Maximum Assessment Rate has been established for each fiscal year using the Assessment Range Formula described above. Based on the estimated April CPI shown in the table below, the Maximum Assessment Rate for the upcoming fiscal year (2023-24) shall be $463.69. The Maximum Assessment shown will be amended to reflect the actual April 2023 CPI when it is published. The final engineer’s report will also be updated prior to the public hearing to reflect the actual Maximum Assessment.

The Adjusted Maximum Assessment Rate has been calculated independent of the annual budget and proposed assessment rate for the given fiscal year. As stated above, if the proposed annual assessment for any fiscal year does not exceed the Adjusted Maximum Assessment Rate for that year, it is not considered to be an increased assessment under the terms of Proposition 218.

The table on the following page shows the annual April CPI increase, the Adjusted Maximum Assessment and the Actual Annual Assessment each year since the formation of the District:

Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2023-24
11 *The April 2023 CPI was not available at the time this Report was produced and presented to the City Council. 6% was used as an estimate. The actual April CPI and the appropriate change to the Adjusted Maximum Assessment will be updated for the Public Hearing and final approval of this Report.

The City assessed the parcels in the District for the first time in seven years, in Fiscal Year 2019-20, due to the fact that there were no improvements being maintained. The improvements have now been installed and are being maintained and serviced.

Fiscal April CPI Adjusted Max. Proposed
Year CPI % Calculation Assessment Assessment
1998-99 N/A N/A $221.72 $221.72
1999-00 4.60% 1.046000000 $231.92 $221.72
2000-01 3.80% 1.038000000 $240.73 $213.60
2001-02 5.80% 1.058000000 $254.69 $229.92
2002-03 2.10% 1.021000000 $260.04 $229.92
2003-04 2.20% 1.022000000 $265.76 $114.96
2004-05 0.50% 1.005000000 $267.09 $114.96
2005-06 2.10% 1.021000000 $272.70 $114.96
2006-07 3.20% 1.032000000 $281.43 $114.96
2007-08 3.30% 1.033000000 $290.72 $114.96
2008-09 2.90% 1.029000000 $299.15 $114.96
2009-10 0.80% 1.008000000 $301.54 $25.00
2010-11 1.70% 1.017000000 $306.67 $25.00
2011-12 2.80% 1.028000000 $315.25 $25.00
2012-13 2.10% 1.021000000 $321.87 $0.00
2013-14 2.40% 1.024000000 $329.60 $0.00
2014-15 2.80% 1.028000000 $338.83 $0.00
2015-16 2.40% 1.024000000 $346.96 $0.00
2016-17 2.70% 1.027000000 $356.33 $0.00
2017-18 3.80% 1.038000000 $369.87 $0.00
2018-19 3.20% 1.032000000 $381.70 $0.00
2019-20 4.00% 1.040000000 $396.97 $213.60
2020-21 1.11% 1.011102405 $401.38 $401.38
2021-22 3.80% 1.038000000 $416.63 $416.62
2022-23 4.99% 1.049961379 $437.44 $437.44
2023-24* 6.00% 1.060000000 $463.69 $463.64
Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2023-24
12 APPENDIX A – ASSESSMENT ROLL
Parcel Identification for each lot or parcel within the District shall be based on available parcel maps and other property data from the Monterey County Assessor’s office as they existed at the time this Report was prepared and adopted by the City Council.

A listing of parcels assessed within the District for Fiscal Year 2023-24, along with the corresponding assessment amounts, is included on the following page. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel(s) shall be based on the method of apportionment and assessment rate approved in this Report.

Therefore, if a single parcel has changed to multiple parcels, the assessment amounts applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.

Non-assessable lots or parcels include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of-way, including public greenbelts and parkways; utility rights-of-way; common areas; landlocked parcels; small parcels vacated by the County, bifurcated lots and any other property that cannot be developed or has specific development restrictions. These types of parcels are considered to receive little or no benefit from the improvements and are therefore, exempted from assessment.

Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2023-24
13 APN
Parcel
Type Units
2023-24 Maximum
Assessment Rate
2023-24 Proposed
Assessment Rate
2023-24 Proposed
Assessment
026-072-001 SFR 1.00 $463.69 $463.64 $463.64
026-072-002 SFR 1.00 $463.69 $463.64 $463.64
026-072-003 SFR 1.00 $463.69 $463.64 $463.64
026-072-004 SFR 1.00 $463.69 $463.64 $463.64
026-072-005 SFR 1.00 $463.69 $463.64 $463.64
026-072-006 SFR 1.00 $463.69 $463.64 $463.64
026-072-007 SFR 1.00 $463.69 $463.64 $463.64
026-072-008 SFR 1.00 $463.69 $463.64 $463.64
026-072-009 SFR 1.00 $463.69 $463.64 $463.64
026-072-010 SFR 1.00 $463.69 $463.64 $463.64
026-072-011 SFR 1.00 $463.69 $463.64 $463.64
026-072-012 SFR 1.00 $463.69 $463.64 $463.64
026-072-013 SFR 1.00 $463.69 $463.64 $463.64
026-072-014 SFR 1.00 $463.69 $463.64 $463.64
026-072-015 SFR 1.00 $463.69 $463.64 $463.64
026-072-016 SFR 1.00 $463.69 $463.64 $463.64
026-072-017 SFR 1.00 $463.69 $463.64 $463.64
026-072-018 SFR 1.00 $463.69 $463.64 $463.64
026-072-019 SFR 1.00 $463.69 $463.64 $463.64
026-072-020 SFR 1.00 $463.69 $463.64 $463.64
026-072-021 SFR 1.00 $463.69 $463.64 $463.64
026-072-022 SFR 1.00 $463.69 $463.64 $463.64
026-072-023 SFR 1.00 $463.69 $463.64 $463.64
026-072-024 SFR 1.00 $463.69 $463.64 $463.64
026-072-025 SFR 1.00 $463.69 $463.64 $463.64
026-072-026 SFR 1.00 $463.69 $463.64 $463.64
026-072-027 SFR 1.00 $463.69 $463.64 $463.64
026-072-028 SFR 1.00 $463.69 $463.64 $463.64
026-072-029 SFR 1.00 $463.69 $463.64 $463.64
026-072-030 SFR 1.00 $463.69 $463.64 $463.64
026-072-031 SFR 1.00 $463.69 $463.64 $463.64
026-072-032 SFR 1.00 $463.69 $463.64 $463.64
026-072-033 SFR 1.00 $463.69 $463.64 $463.64
026-072-034 SFR 1.00 $463.69 $463.64 $463.64
026-072-035 SFR 1.00 $463.69 $463.64 $463.64
026-072-036 SFR 1.00 $463.69 $463.64 $463.64
026-072-037 SFR 1.00 $463.69 $463.64 $463.64
026-072-038 SFR 1.00 $463.69 $463.64 $463.64
026-072-039 SFR 1.00 $463.69 $463.64 $463.64
Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2023-24
14 APN
Parcel
Type Units
2023-24 Maximum
Assessment Rate
2023-24 Proposed
Assessment Rate
2023-24 Proposed
Assessment
026-072-040 SFR 1.00 $463.69 $463.64 $463.64
026-072-041 SFR 1.00 $463.69 $463.64 $463.64
026-072-042 SFR 1.00 $463.69 $463.64 $463.64
026-072-043 SFR 1.00 $463.69 $463.64 $463.64
026-072-044 SFR 1.00 $463.69 $463.64 $463.64
026-072-045 SFR 1.00 $463.69 $463.64 $463.64
026-072-046 EXE 0.00 $463.69 $463.64 $0.00
026-072-047 EXE 0.00 $463.69 $463.64 $0.00
026-072-048 EXE 0.00 $463.69 $463.64 $0.00
TOTALS: 45.00 $20,863.80
SFR = Single Family Residence
EXE = Landscape easement
Engineer’s Report
Riverview Gardens Landscape Maintenance District
City of King
Fiscal Year 2023-24
15 APPENDIX B – ASSESSMENT DIAGRAM
Item No. 9 (J)

REPORT TO THE CITY COUNCIL
DATE: APRIL 25, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF SIDE LETTERS OF AGREEMENT WITH
THE KING CITY POLICE SERGEANTS’ ASSOCIATION AND
POLICE OFFICERS’ ASSOCIATION
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 Police Sergeants’ Association (KCPSA) to modify compensation and extend the term of the Memorandum of Understanding (MOU); and 2) approve and authorize the City Manager to execute a First Side Letter of Agreement with the King City Police Officers’ Association (KCPOA) to modify compensation and extend the term of the MOU; and 3) adopt a Resolution updating the Classification Plan to reflect the salary range change effective June 3, 2023.

BACKGROUND:

The current MOUs with KCPSA and KCPOA took effect on July 1, 2021 and are due to expire on June 30, 2024. Police Officer positions are extremely competitive to recruit for at this time. There is a shortage of qualified and interested candidates, particularly with the standards King City has established for its Police Department. The City currently has 3 existing Police Officer vacancies and 3 employees on leave, so the success of recruitment efforts is particularly important at this time. As a result, staff has been working to develop a number of strategic efforts to help the King City Police Department be as competitive as possible in attracting high quality Police Officer candidates.

DISCUSSION:

Staff believes the City has made extensive progress addressing the most significant factors in attracting quality candidates. The Police Department has a

CITY COUNCIL

CONSIDERATION OF SIDE LETTERS OF AGREEMENT WITH THE KING

CITY POLICE SERGEANTS ASSOCIATION AND POLICE OFFICERS

ASSOCIATION
APRIL 25, 2023
PAGE 2 OF 3
strong and well-respected leadership team; employee morale is good; the existing work environment is positive; the City offers extensive training and professional development opportunities; assignments provide a wide range of work experience and rewarding challenges; and salaries are now competitive.

The only item outside of the City’s control is that King City is in a remote location, which will always provide an added challenge. Therefore, it is important to compensate for that by working to maintain the salaries as competitive as possible while at the same time balancing costs with other needs and maintaining financial stability.

Staff is presenting a proposed amendment to the MOUs with the KCPSA and KCPOA that will help to address these goals. It is proposed to extend the MOUs one additional year so they would now expire on June 30, 2025. In exchange, an additional 5.5% salary increase would be provided. However, 2.5% of that would take effect this year and the remaining 3% would take effect in FY 2024-25. By doing this, it will maximize salaries at this time when the success of recruitment efforts is particularly urgent. In addition, it is recommended to move up the initial increase from July 1, 2023 to June 3, 2023 in order to enable staff to include the increased salary in ongoing recruitment efforts. The amendments have been agreed to by both unions.

COST ANALYSIS:

The change will result in a one-time cost increase in FY 2023-24 of approximately $75,000. Staff do not anticipate there would be much of a meaningful cost impact after that time.

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 indirect physical change in the environment. No further action is required under CEQA for City Council action.

ALTERNATIVES:

The following alternatives have been identified for City Council consideration:

1. Approve the Side Letters of Agreement;

2. Direct staff to pursue additional changes to the MOUs;

3. Do not approve amending the Side Letters of Agreement; or

4. Provide staff other direction.

RESOLUTION NO. 2023-4943

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING
AMENDING THE CLASSIFICATION PLAN FOR FY 2022-23
WHEREAS, the City of King maintains job descriptions for each position and a Classification Plan that sets forth all existing job classifications and salary steps; and WHEREAS, adoption of an annual Classification Plan is required by CalPERS; and WHEREAS, the City Council desires to adjust the salaries of the Police Sergeant and Police Officer classifications in order to maintain competitiveness in recruitment and retention efforts to maintain quality Police Department staffing.

NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of King approves amendments to the FY 2022-23 Classification Plan as set forth in Exhibit A effective June 3, 2023.

This resolution was passed and adopted this 25th day of April, 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
EXHIBIT 3

Item No. 9 (K)

REPORT TO THE CITY COUNCIL
DATE: APRIL 25, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF CENTRALIZED WEATHER-BASED

IRRIGATION CONTROLLER SYSTEM
RECOMMENDATION:

It is recommended the City Council 1) approve and authorize the City Manager to execute a contract services agreement with Valley Soil, Inc. for design, purchase and installation of a centralized weather-based irrigation controller system; and 2) appropriate $35,000 from grant revenue and the General Fund unappropriated fund balance for the cost of the purchase.

BACKGROUND:

The City has experienced a number of problems with the irrigation of its parks, which has created challenges to maintain the turf in good condition, particularly during the drought. Adjusting the irrigation timing is labor intensive, which is difficult given staffing constraints. Therefore, needed adjustments are often delayed when other urgent staffing demands occur. In the summer months, this has impacted the condition of the turf and in winter months, it results in unnecessary water usage and costs. Older irrigation systems at some of the fields, such as San Antonio Park, have experienced a history of leaks. In these cases, it is often difficult and time-intensive to locate the leak in order to make necessary repairs.

During the past year, California Water Service (Cal Water) awarded the City a $20,000 grant for a project related to parks and recreation that would benefit the community. They provided flexibility to the City on specific use of the funding.

Since a priority of the City has been to upgrade and improve maintenance of its parks and sports fields, staff proposed the installation of a centralized irrigation system. Staff felt this would be an appropriate request because it would provide the added benefit of helping to achieve Cal Water’s water conservation goals.

CITY COUNCIL

CONSIDERATION OF CENTRALIZED WEATHER-BASED IRRIGATION

CONTROLLER SYSTEM
APRIL 25, 2023
PAGE 2 OF 3
Cal Water approved the request, made arrangements for an irrigation consultant with the technical expertise necessary to design the system, and collaborated with City staff on development of the proposal.

DISCUSSION:

The goals of the project are to modernize the irrigation controller system to stateof-the-art Best Management Practices (BMPs). Attached is the proposal for equipment and costs to install a weather-based irrigation controller system (WBIC), which will save water through the use of smart irrigation controllers.

They monitor external climate factors and adjust accordingly for optimal water usage. When properly maintained, the changes in watering will impact overall volume and lead to savings through use and labor.

When adjustments need to be made manually, the system provides the capability to do so remotely to all parks through an employee’s cell phone. This will represent a significant savings in staff time when compared to the current practice of staff having to visit each site to make the adjustments. Through remote water management, overhead costs of frequent site visits will be reduced, as well as adjustments for community events scheduled on the fields during a normal watering time.

In addition, when malfunctions occur, the electrical self-diagnostics abilities prompt alerts to valve malfunctions. This provides for more accurate mediation of the problem.

A number of options were considered regarding the design of the system. The current proposed design is particularly cost effective because communication to the majority of controllers will take place through the City’s security camera system equipment. In designing the system, the irrigation consultant worked closely with the City’s security camera contractor to integrate the systems in order to provide this additional capability without installing redundant communication equipment.

COST ANALYSIS:

The proposed cost of the system is $33,933. Of that amount, $20,000 is being funded by the Cal Water grant. Staff recommends an appropriation of $15,000 from the General Fund unappropriated fund balance to cover the remainder of the costs and any other minor potential associated costs.

Item No. 11(A)

REPORT TO THE CITY COUNCIL
DATE: APRIL 25 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ERICA SONNE, CITY CLERK
RE: CONSIDERATION OF REGIONAL BOARD AND COMMITTEE

ASSIGNMENTS
RECOMMENDATION:

It is recommended City Council select a Councilmember alternate to the Salinas Valley Solid Waste Authority Board of Directors and provide staff direction on any other changes requested to regional board and committee assignments.

BACKGROUND:

During the codification of the Election at the December meeting when new or returning City Council Members take office, regional Board and Committee members/alternates are selected and appointed. Council Member Acosta was appointed as the alternate to the Salinas Valley Solid Waste Authority Board of Directors. Therefore, when she resigned, it created a vacancy in that position.

DISCUSSION:

The purpose of this item is to provide City Council an opportunity to discuss and appoint the alternate for the Salinas Valley Solid Waste Authority Board of Directors in the event the member is unavailable to attend a meeting or function.

The Council may also direct staff if it wants to consider any other changes in appointments given the recent change in the City Council membership.

COST ANALYSIS:

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

Item No. 11 (B)

REPORT TO THE CITY COUNCIL
DATE: APRIL 25, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, PUBLIC WORKS DIRECTOR / CITY

ENGINEER
RE: CONSIDERATION OF MEASURE X REGIONAL FUNDING

AGREEMENT FOR PREPARATION OF THE KING CITY

TRAFFIC GARDEN PROJECT
RECOMMENDATION:

It is recommended the City Council: 1) approve and authorize the City Manager to execute a Measure X Regional Funding Agreement with the Transportation Agency for Monterey County (TAMC); and 2) authorize City Manager to execute a change order in the amount of $44,500 to Monterey Peninsula Engineering to construct the asphalt for the proposed traffic garden in San Antonio Park.

BACKGROUND:

The Transportation Agency is working with King City to design and implement a traffic garden at San Antonio Park. The traffic garden will be a publicly accessible space for children to learn traffic safety and practice walking and rolling skills. In order to create space for the traffic garden, the City requires funding to pave a portion of the park where the horseshoe pits are currently located. This contract will provide the necessary funds to pave the space for the traffic garden.

DISCUSSION:

The King City Traffic Garden project is a community-designed traffic safety education tool. A traffic garden is a rideable course that is used to teach the rules of the road and provide a safe space for children to practice traffic safety, bicycling, scootering, and walking skills. The King City Traffic Garden will be

CITY COUNCIL

CONSIDERATION OF MEASURE X REGIONAL FUNDING AGREEMENT FOR

PREPARATION OF THE KING CITY TRAFFIC GARDEN PROJECT
APRIL 25, 2023
PAGE 2 OF 3
located in the popular San Antonio Park, adjacent to the existing skatepark, and will be easily accessible from the planned San Antonio bike path.

TAMC received an Active Transportation Program grant to design and stripe the traffic garden, but the grant does not include sufficient funding to do the site preparation needed at the desired location. As a result, additional funding is needed to pave the traffic garden site in the park to create a smooth riding and walking surface.

Safe Routes to School educational programming and tools are eligible expenses of Measure X funding, and the Safe Routes to School program has sufficient funds to provide up to $45,000 to King City to do the necessary site preparation for the King City Traffic Garden. After the site has been paved, TAMC will work with a striping contractor to install the traffic garden using the design developed by King City community members. The second community meeting to obtain feedback on the project was held by TAMC on April 11 at Hartnell College.

The work will be incorporated as a change order under the existing contract with Monterey Peninsula Engineering who will be paving Pearl Street. Therefore, it can be completed cost efficiently in a timely manner ahead of TAMC’s timeframe.

Under the agreement, the City will be responsible for construction of the asphalt portion of project, but it will be funded entirely by TAMC. TAMC will be responsible for the installation of the striping on the asphalt.

Once the site work is completed, TAMC will be scheduling a third and final public outreach meeting to select the final design. The implementation of the necessary striping will take place this summer. TAMC will be performing outreach to schools to hold educational events at the site during the school year.

The siting of the project will result in the elimination of the horseshoe pit area.

However, this area receives minimal use and staff recommends removing it because use of horseshoes in a busy area with children creates a significant liability risk for the City.

COST ANALYSIS:

The overall cost of the paving portion of the project is $44,500. There is no cost to the City from the recommended action. The agreement will enable reimbursement to the City for the paving for the project from TAMC.

REGIONAL FUNDING AGREEMENT

FOR THE SITE PREPARATION FOR THE KING CITY TRAFFIC GARDEN This Measure X Regional Funding Agreement ("Agreement") is made and entered into on _____________ by and between the City of King City ("Sponsor") and the Transportation Agency for Monterey County ("TAMC"), collectively referred to herein as “Parties,” or in the singular, as “Party.”

RECITALS
WHEREAS on November 8, 2016, the voters of Monterey County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq. (the “Act”), approved the Transportation Safety & Investment Plan Measure X (TAMC Ordinance No. 2016-01) on the Monterey County Ballot, thereby authorizing TAMC to impose and administer the proceeds from a threeeighths cent transaction and use tax (“Measure X”); and WHEREAS Measure X identifies Safe Routes to School programs and projects such as the King City Traffic Garden (the “Project”) as an eligible use of funds from Measure X revenues; and
WHEREAS Sponsor desires to receive Measure X regional funding from TAMC for the site preparation phase of the Project; and
WHEREAS up to $45,000 of Measure X funds are designated for the site preparation phase of the Project; and
WHEREAS TAMC is authorized to program funds to the Project and wishes to assist in the site preparation phase of the Project; and WHEREAS the Parties understand and agree that as between TAMC and Sponsor, any cost savings developed in implementing the Project will be retained by TAMC and may be re-programmed for other components of the Project or eligible Measure X projects;
NOW, THEREFORE, in consideration of the mutual promises and undertakings herein made and the mutual benefits to be derived therefrom, the Parties hereto represent, covenant and agree as follows:

SECTION I
Covenants of Sponsor

1.1 Project Definition. The Project Description and Scope of Work for the site preparation phase of the Project is attached hereto as Exhibit A. The Estimated Project Cost and Schedule is also attached hereto as Exhibit B.

EXHIBIT 1

1.2. Change in Project Scope. No change in the Project Description or Scope of Work as described in Exhibit A may be approved or implemented until it has been reviewed and approved by TAMC as an amendment to Exhibit A. Changes implemented without TAMC approval will not be eligible for reimbursement.

1.3. Eligible Costs. Eligible costs to be reimbursed by TAMC pursuant to this Agreement are those costs directly related to the Project’s implementation of site preparation as specified in Exhibit B. City of King City overhead costs are not eligible for reimbursement. In no event shall expenses incurred prior to the execution of this Agreement, or for purposes other than site preparation be considered eligible reimbursement costs under this Agreement.

1.4. Timing of TAMC Disbursements. TAMC shall issue payments in the form of reimbursements to Sponsor pursuant to a Request for Payment submitted by the Sponsor, as described in Section 1.5. As the Sponsor complies with the procedure set forth in Section 1.5, below, the Sponsor will submit its documentation in a sufficiently timely basis to allow TAMC to review Requests for Payment and to disburse funds directly to Sponsor within a period of twenty (20) business days. TAMC shall not be responsible for any penalties or charges related to late payments to Sponsor or Sponsor contractors, if TAMC has made a disbursement to the Sponsor within this period, or if TAMC has complied with Section 2.4 (“Suspension of Disbursements) for any invoices/Requests for Payments that are disputed. Sponsor understands that in no event shall payments from TAMC, when aggregated with previously approved reimbursement requests, exceed the amount listed as “Total Reimbursable Amount” in Exhibit B.

1.5. Invoices and Progress Reports. Starting at least three months after the execution of this Agreement, Sponsor will submit to TAMC a Request for Payment. This document will include the following specified information:

1.5.1. Invoices. Sponsor will provide TAMC with one (1) copy of all invoices submitted to Sponsor by every contractor, subcontractor, consultant, or subconsultant performing work related to the Project.

1.5.2. Request for Payments. A Request for Payment shall accompany the invoices. Requests for Payment shall consist of a cover letter stating the time period for which reimbursement is requested, a brief summary of work completed, the name of the Project, total amount requested and contact name and telephone number, as well as all invoices and progress reports for which the Sponsor requests reimbursement.

1.6. Use of Funds. Sponsor will expend funds consistent with the Project’s Scope of Work described in Exhibit A and Estimate of Cost described in Exhibit B or approved by TAMC pursuant to Section 1.2. Sponsor shall encumber the funds no later than the Project schedule as listed in Exhibit B.

1.7. Submittal of Documents. Sponsor will provide copies to TAMC of all executed contracts which relate to the Project’s Scope of Work, as described in Exhibit A, or approved by TAMC pursuant to Section 1.2. Sponsor will retain records pertaining to the Project for as long as required by law, but not less than a minimum of five (5) years following completion of the Project.

1.9. Cost Savings and Excess Costs

1.9.1. Cost Savings. As between Sponsor and TAMC, after the site preparation phase of the Project has been accepted by Sponsor as complete, any positive difference between the costs, as listed in Exhibit B or approved by TAMC pursuant to Section 1.2, and the total amount paid by TAMC shall be considered cost savings. All (100%) of the cost savings will be re-credited to TAMC for re-programming by TAMC on other components of the Project or eligible Measure X projects.

1.9.2. Excess Costs. In the event the actual Project cost exceeds the estimates shown in Exhibit B, this amount will be considered an excess cost. Sponsor is solely responsible for all costs over the amounts identified in Exhibit B as reimbursable project costs.

1.10. Errors and Omissions. Sponsor shall diligently monitor and manage all aspects of the work to be performed with funding from this Agreement and shall aggressively pursue any and all remedies, including full restitution and damages from any consultant, contractor or sub-contractor and their insureds and sureties suspected of any acts, errors, or omissions committed during business activities that economically or legally damage the Project.

SECTION II
Covenants of TAMC

2.1. Funding Commitments. TAMC shall provide funding to Sponsor in an amount not to exceed Forty-Five Thousand Dollars ($45,000) for eligible Project costs as specified in the Funding Summary included with Exhibit B consistent with the procedures described in Section 1.5.

2.1.1. Deadline to Submit Reimbursement Requests. Requests for Payment shall be submitted to TAMC on or before 5:00 p.m. on the tenth (10th) calendar day of the month in which the Sponsor requests reimbursement payments. Copies of invoices must be complete and legible, or the Request for Payment will be returned. TAMC shall make payments to Sponsor on or before the last day of the month for all timely submittals.

2.1.2. Late Submittals. If Sponsor fails to submit invoices, documentation or progress reports, as set forth in this agreement, to TAMC in a timely manner, then TAMC may delay the reimbursement payments until the required documentation is provided.

2.1.3. Costs Ineligible for Reimbursement. In addition to any other remedy detailed herein, or otherwise afforded by law, TAMC reserves the right to adjust current or future reimbursement payments to Sponsor if an invoice includes ineligible costs.

2.2. Delay or Suspension of Reimbursement Payments. Notwithstanding the reimbursement provisions listed above, if TAMC determines that an invoice includes ineligible costs, lacks adequate supporting documentation, the TAMC Project Manager or Fiscal Officer shall provide the Sponsor with a written dispute notice outlining the reason for the return and the proposed remedy, if one exists, which would make the invoice acceptable. TAMC will delay payment until within 15 days of when the revised invoice or requested documentation is received. If Sponsor disputes the TAMC finding or request, Sponsor may immediately submit a new invoice representing only the amounts which are not in dispute, while setting aside the disputed amounts for review in accordance with the provisions set forth below.

2.3 Dispute Resolution Process.

2.3.1 If at any time either party hereto is considered to have failed to meet any of the conditions included in this Agreement, the parties shall meet and confer in a good faith effort to resolve the matter. Such meet and confer shall occur within thirty (30) days of a notice from one party to the other of non-compliance.

2.3.2 If, after meeting and conferring, there is still a dispute as to compliance or non-compliance with a term or condition of the Agreement, TAMC shall refer the matter to the eXcellent Oversight Committee for its review and recommendation. Consistent with the terms of the Ralph M.

Brown Act, the eXcellent Oversight Committee meeting may be a special meeting, provided that at least 72 hours prior notice is provided to the public and an agenda is posted. After considering the matter, the eXcellent Oversight Committee may make its recommendation to the parties to resolve the matter.

2.3.3 Pending the consideration and possible resolution of the issue by the eXcellent Oversight Committee, TAMC shall withhold disputed Measure X payments to the City of King City under this Agreement, except for allocations required for bond payments, which shall not be withheld.

2.3.4 If, after receiving the recommendation from the eXcellent Oversight Committee the parties are still in dispute over compliance or noncompliance of this Agreement, the matter shall be agendized at the next available TAMC Board meeting. Each party may submit up to five (5) pages in support of its position, as part of the agenda package to be submitted for such Board meeting. If the parties are still in dispute after the TAMC Board meeting, then the disputing party may file an action in Monterey Superior Court.

2.3.5 Resumption of funding distribution to the Sponsor can occur at any time during the life of Measure X but shall only occur after full repayment of any unauthorized expenditure(s) of Measure X funds, and confirmation by TAMC of Sponsor’s compliance with each of the conditions in this Agreement. Repayment of unauthorized expenditures may not be made by future Measure X funds.

2.4. Making of Payment Does Not Result In Waiver. TAMC payments pursuant to an approved Request for Payment does not result in a waiver of the right of TAMC to require fulfillment of all terms of this Agreement.

2.5. Right to Conduct Audit. TAMC shall, at TAMC’s expense, have the right to conduct an audit of all Sponsors’ records pertaining to the Agreement at any time during construction and up to a five (5) year period after completion of the Project. If any irregularities are found as a result of an audit, Sponsor shall reimburse TAMC for the cost of the audit.

SECTION III
Mutual Covenants

3.1. Term. This Agreement shall remain in effect until discharged or terminated as provided in Section 3.2 or Section 3.16.

3.2. Discharge/Termination. This Agreement shall be subject to discharge as follows:

3.2.1. Termination by Mutual Consent This Agreement may be terminated at any time by mutual consent of the Parties. At the time of any such mutual termination, TAMC shall be obligated to provide funding for only such Requests for Payment as may be outstanding and approved at the time of termination.

3.3. Indemnity. It is mutually understood and agreed, relative to the indemnification of TAMC and Sponsor:

3.3.1. Sponsor shall, to the full extent permitted by law, fully defend, indemnify, and hold harmless TAMC, its Board and Directors, and any officer, agent, or employee of TAMC, against any damage or liability occurring by reason of anything done or omitted to be done by Sponsor under the Agreement.

3.3.2. TAMC shall, to the full extent permitted by law, fully defend, indemnify, and hold harmless Sponsor, and any officer or employee of Sponsor, against any damage or liability occurring by reason of anything done or omitted to be done by TAMC under the Agreement.

3.3.3. Notwithstanding any other provision of this Agreement, each party’s obligation to defend, indemnify and hold harmless the other party, as expressed in these Indemnification Provisions, shall survive the termination or expiration of the Agreement for a term to include the applicable statute of limitations related to the Sponsor’s performance pursuant to the Agreement.

3.4. Liability. As TAMC is only providing certain funds and is not the primary or responsible agency for carrying out the Project herein identified, TAMC is not liable for any loss, cost, liability, damage, claim, lien, action, cause of action, demand or expense which may arise as a result of the acts or omissions of Sponsor or its agents, contractors, consultants, engineers, or representatives. Nor shall TAMC be liable for any loss, cost, liability, damage, claim, lien, action, cause of action, demand or expense which may arise because of TAMC’s provision of funds which may ultimately be utilized in, but not limited to, the acquisition of, the design, implementation, or construction of the Project herein described.

3.5 Contract Administrators. Sponsor’s designated principal responsible for administering Sponsor’s work under this Agreement shall be Octavio Hurtado, Public Works Director / City Engineer; TAMC’s designated administrator of this Agreement shall be Dave Delfino, Financial Officer. TAMC’s Project Manager under this Agreement shall be Ariana Green, Principal Transportation Planner.

3.6 Notices. Any notice which may be required under this Agreement shall be in writing and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below:

TAMC
Todd Muck
Executive Director
55B Plaza Circle
Salinas, California 93901

CITY OF KING CITY
Octavio Hurtado
Public Works Director / City Engineer
212 South Vanderhurst Ave
King City, CA 93930
Either Party may change its address by giving notice of such change to the other party in the manner provided in this Section 3.6. All notices and other communications shall be deemed communicated as of actual receipt or after the second business day after deposit in the United States mail.

3.7. Additional Acts and Documents. Each Party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of the Agreement.

3.8. No Promise or Representation of Approval. It is expressly agreed and understood that this Agreement is to fund the site preparation phase of the Project and each Party retains their full discretion to agree or disagree to terms and conditions relating to future actions with respect to the Project and that by entering into this Agreement neither TAMC nor the Sponsor is making any promise, representation or commitment to give special treatment to, or exercise its discretion favorably with respect to the final consideration and possible approval of the Project or any entitlement to develop the Project on TAMC property.

3.9. Integration. This Agreement represents the entire Agreement of the Parties with respect to the subject matter hereof. No representations, warranties, inducements, or oral agreements have been made by any of the Parties except as expressly set forth herein, or in other contemporaneous written agreements.

3.10. Amendment. This Agreement may not be changed, modified, or rescinded except in writing, signed by all Parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect.

3.11. Independent Agency. Sponsor renders its services under this Agreement as an independent agency and TAMC is also an independent agency under the Agreement. None of the Sponsor's agents or employees shall be agents or employees of TAMC and none of TAMC’s agents or employees shall be agents or employees of Sponsor.

3.12. Assignment. The Agreement may not be assigned, transferred, hypothecated, or pledged by any Party without the express written consent of the other Party.

3.13. Binding on Successors. This Agreement shall be binding upon the successor(s), assignee(s) or transferee(s) of TAMC or Sponsor, as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than as provided above.

3.14. Severability. Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either Party to enter into or carry out, such determination shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the Parties.

3.15. Counterparts. This Agreement may be executed in one or more counterparts and shall become effective when one or more counterparts have been signed by the Parties; each counterpart shall be deemed an original, but all counterparts shall constitute a single document.

3.16. Survival. The following provisions in this Agreement shall survive discharge:

3.16.1. Sponsor. As to Sponsor, the following sections shall survive discharge: Section 1.6 (obligation to apply funds to Project), Section 1.7 (obligation to provide copies and retain records), Section 1.8 (obligation to continue to manage Project).

3.16.2. TAMC. As to TAMC, the following section shall survive discharge:

Section 2.5 (right to conduct audit).

3.16.3. Both Parties. As to both Parties, the following sections shall survive discharge: Section 3. (indemnity) and Section 3.4 (liability), until the expiration of all relevant statutes of limitations.

3.17. Limitation. All obligations of TAMC under the terms of this Agreement are expressly contingent upon TAMC’s continued authorization to administer the reimbursable funds identified in the Funding Summary included with Exhibit B. If for any reason, TAMC’s right or ability to collect or expend such funds are terminated or suspended in whole or part so that it materially affects TAMC’s ability to fund the Project, TAMC shall promptly notify Sponsor, and the Parties shall consult on a course of action. If, after twenty-five (25) working days, a course of action is not agreed upon by the Parties, this Agreement shall be deemed terminated by mutual or joint consent. Any future obligation to fund this Project or any other project or projects of Sponsor, not already specifically covered by a separate Agreement, shall arise only upon execution of a new Agreement.

3.18. Time. Time is and shall be of the essence of this Agreement and each of its provisions in which performance is a factor.

3.19. Remedies Cumulative. No remedy or election of remedies provided for in this Agreement shall be deemed exclusive but shall be cumulative with all other remedies at law or in equity. Each remedy shall be construed to give the fullest effect allowed by law.

3.20. Applicable Law. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Venue shall be in Monterey County.

3.21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the provisions of this Agreement and shall not affect the construction or interpretation of any of its provisions.

3.22. No Continuing Waiver. The waiver by any Party of any breach of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same, or of any other provision of this Agreement.

3.23. No Rights in Third Parties. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies on any third-party, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third-party to any Party to this Agreement, nor shall any provision of this Agreement give any thirdparty any right of subrogation or action over or against any Party to this Agreement.

3.24. Signatory’s Warranty. Each Party warrants to each other that he or she is fully authorized and competent to enter into this Agreement in the capacity indicated by his or her signature and agrees to be bound by this Agreement as of the day and year first mentioned above upon the execution of this Agreement by each other Party.

IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the day and year first written above.

TRANSPORTATION AGENCY FOR
MONTEREY COUNTY:

By: _____________________________
Todd Muck
Executive Director, TAMC
CITY OF KING CITY:

By: __________________________
Mike LeBarre
Mayor, King City
Approved as to form:

By: ___________________________
Robert Brayer
TAMC Counsel
Approved as to form:

By: _________________________
Roy Santos
City Attorney, King City

EXHIBIT A
PROJECT DESCRIPTION and SCOPE OF WORK
Project Name: Site Preparation for King City Traffic Garden Project Contact: Octavio Hurtado, Public Works Director / City Engineer, City of King City
Project Manager: Octavio Hurtado, Public Works Director / City Engineer, City of King City

PROJECT DESCRIPTION
Responsible Agency: City of King City
Project Limits: The project site for the King City Traffic Garden is the ~6405 square foot space adjacent to the existing Skate Park in San Antonio Park.

Project Phase: Site Preparation
This phase of work includes removing the existing SOD, over-excavate for new section, compact subgrade, furnish & install 4” Class II Baserock section & 2” Type A 1/2” AC section at the King City Skate Park.

Project Purpose:

King City has a history of pedestrian and bicycle crashes resulting in injury to people of all ages including children. The purpose of this project is to create a smooth surface for a public traffic garden course which will be used to teach traffic safety and ultimately help prevent future crashes.

Transportation Benefit:

The King City Traffic Garden will be a publicly accessible and free space for children to learn and practice traffic safety, bicycling and walking.

SCOPE OF WORK
The King City Traffic Garden project is a community-designed traffic safety education tool. A traffic garden is a rideable course that is used to teach the rules of the road and provide a safe space for children to practice driving, bicycling, scootering and walking skills. The King City Traffic Garden will be located in the popular San Antonio Park adjacent to the existing skatepark and will be accessible by the future San Antonio bike path.

TAMC received an Active Transportation Program grant to design and stripe the traffic garden, but the grant does not include sufficient funding to do the site preparation needed for the desired location. As such, additional funding is needed to pave the traffic garden site in the park to create a smooth riding and walking surface.

Safe Routes to School educational programming and tools are eligible expenses of Measure X funding, and the Safe Routes to School program has sufficient funds to provide up to $45,000 to King City to do the necessary site preparation for the King City Traffic Garden.

After the site has been paved, TAMC will work with a striping contractor to install the traffic garden using the design developed by King City community members.

EXHIBIT B

COST & FUNDING SUMMARY
Project Phase Fund
Source
Fiscal
Year
Amount Reimbursable
by TAMC
Under This
Agreement?
Funding
Secured?
Site Preparation Measure X 2022/23 $45,000 Yes Yes
Total Reimbursable Amount: $45,000 Yes
Total Cost: $45,000 Yes

ESTIMATED SCHEDULE
• April/May 2023 – Formalize Funding
o Execute Funding Agreement with approval from TAMC Board & King City Council
• May 2023: Site Preparation
o Removal of existing SOD
o Furnish and install new AC lot
• Summer 2023 – Invoice & Closeout
o King City to invoice TAMC
o TAMC will closeout contract after payment is issued
Location/Lugar
16 EXHIBIT 2
Draft Design
18 Borrador del diseño
parking
roundabout
Sketch 2A
EXHIBIT 3
April 12, 2023
Octavio Hurtado, PE, QSD
City of King City
Public Works Director/City Engineer
212 South Vanderhurst Ave
King City, CA 93930
(831) 386-5927
[email protected]
Re: 2022 King City Sewer Improvements - PCO #005.0, Skate Park Paving M.P.E. proposes to provide all labor, equipment, and material required to strip existing SOD, over-excavate for new section, compact subgrade, furnish & install 4” Class II Baserock section & 2” Type A ½” AC section at the King City Skate Park.

Work to be Performed (Extra Work):
• Furnish & Install new AC skate lot - $44,500.00
Total Add: $44,500.000
It is mutually agreed that for such change the Contract price is increased by $44,500.00 (Forty Four Thousand Five Hundred Dollars and 0/00)
Conditions:
• New section to be 2” AC over 4” AB
• AC to be approved Type A ½” Medium/Course Graniterock mix • AB to be Clark Quarry Class II AB or MPE Class II AB
M.P.E. specifically excludes the following items:
• Shop drawings and calculations
• Scarification of subgrade
• Engineering, permits, and/or fees, other than included in original Contract • All bonds, as-builts, and/or construction staking, other than included in original Contract • All construction testing (including compaction testing and all special inspections) • SWPPP installation and/or maintenance, other than included in original Contract • Any items not specifically listed above
EXHIBIT 4
Please review the above cost proposal and, if acceptable, issue a change order for the work described. In addition, we request a Contract time extension of THREE (3) working day(s). If you have any questions, please feel free to contact me by phone at (831) 277-6132, or by email at [email protected].

Sincerely,
Darin Hopkins
Darin Hopkins
Project Manager