Agenda
JUNE-13-2023-CITY-COUNCIL-MEETING-AGENDA-PACKET-1.PDF
Meeting Materials
ITEM-9.D.-REVISED-STAFF-REPORT-6-13-23-COUNCIL-MEETING.PDF ITEM-11.B.-REVISED-STAFF-REPORT-6-13-23-COUNCIL-MEETING.PDF
1. Documents:
2. Documents:
AGENDA
REGULAR MEETING OF THE
CITY OF KING CITY COUNCIL
AND
Sitting as SUCCESSOR AGENCY OF
THE RDA FOR THE CITY OF KING
TUESDAY JUNE 13, 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 May 9, 2023, Council Meeting Recommendation: approve and file.
B. Consideration: City of King Check Register May 16, through May 31, 2023 Recommendation: receive and file.
C. Consideration: FY 2023-24 Job Classification Plan
Recommendation: adopt a Resolution approving the FY 2023-24 Job Classification Plan.
D. Consideration: New Job Descriptions and Side Letters of Agreement with the King City Confidential Employees Association and the Service Employees International Union Local 521
Recommendation: 1) approve job descriptions for the new Community Engagement Coordinator and Police Records Technician positions; 2) approve and authorize the City Manager to execute a Third Side Letter of Agreement with the King City Confidential Employees Association (KCCEA) amending their Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025 to add the Community Engagement Coordinator as a represented position; and 3) approve and authorize the City Manager to execute a Third Side Letter of Agreement with the Service Employees International Union Local 521 (SEIU) to amend their MOU for the period of July 1, 2022 through June 30, 2025 to add the Police Records Technician as a represented position.
E. Consideration: School Resource Officer Program Memorandum of Understanding
Recommendation: 1) approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with the South Monterey County Joint Union High School District (SMCJUHSD) and the King City Union School District (KCUSD) for cost sharing for the School Resource Officer (SRO) program; and 2) authorize the City Manager to make minor non-substantive changes to the MOU as necessary in a form approved by the City Attorney.
F. Consideration: Road to Success Youth Diversion Program Memorandum of Understanding
Recommendation: 1) approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with the South Monterey County Joint Union High School District (SMCJUHSD), the King City Union School District (KCUSD), and Sun Street Centers for funding and operation of the Road to Success youth diversion program; and 2) authorize the City Manager to make minor non-substantive changes to the MOU as necessary in a form approved by the City Attorney.
G. Consideration: Police Officer Recruit Employment Agreement Recommendation: authorize the City Manager to execute an employment agreement in a form approved by the City Attorney for temporary payment of a Police Officer Recruit position at Police Officer salary while attending the Police Academy.
H. Consideration: Memorandum of Understanding with California Water Service Company Regarding Sale of Recycled Water
Recommendation: approve and authorize the City Manager to execute a Memorandum of Understanding (“MOU”) with California Water Service (“Cal Water”) establishing a framework to negotiate a future recycled water wholesaler-retailer agreement.
I. Consideration: ProHousing Designation Program
Recommendation: adopt a Resolution authorizing submittal of an application and. participation in. the California Department of Housing and Community Development (“HCD”) Prohousing Designation Program.
J. Consideration: Special Meeting Minutes of May 30, 2023, Council Meeting Recommendation: approve and file.
K. Consideration: Sixth Amendment to the Employment Agreement for City Manager Services
Recommendation: approve the sixth amendment to the employment agreement with City Manager Steven Adams.
10. PUBLIC HEARINGS
A. Consideration: Riverview Gardens Landscape Maintenance District Annual Assessment for Fiscal Year 2023-24
Recommendation: open the Public Hearing to accept public testimony regarding the levy and collection of assessments for the Riverview Gardens Landscape Maintenance District, close the public hearing, and adopt Resolution No. 2023-4950 approving the report and ordering the levy and collection of assessments 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.
B. Consideration: USA Waste of California (DBA Waste Management) Garbage and Recycling Collection Service Fees for Fiscal Year 2023-24 Recommendation: 1) adopt a Resolution approving USA Waste of California (DBA Waste Management, hereinafter “WM”) garbage and recycling collection adjusted rates for Fiscal Year 2023-24 effective July 1, 2023, resulting in a
6.51% increase; 2) approve a Memorandum of Understanding (MOU) with Waste Management amending the calculations to the annual garbage and recycling collection service fees to include bad debt recovery; and 3) direct staff to develop and implement a lien process for delinquent refuse accounts to be effective July 1, 2024.
11. REGULAR BUSINESS
A. Consideration: FY 2023-24 / FY 2024-25 Biennial Budget and FY 2023-24 Appropriation Limit
Recommendation: 1) adopt a Resolution approving the FY 2023-24/ FY 2024- 25 Biennial Budget; and 2) adopt a Resolution establishing the appropriation limit from tax proceeds for FY 2023-24.
B. Consideration: Interim Riverbed Homeless Strategy
Recommendation: 1) approve the recommended Interim Salinas Riverbed Area Homeless Strategy; 2) authorize the City Manager to execute an agreement with Meldi, LLC in a form approved by the City Attorney to lease up to a maximum of 16 rooms at the Monarch Inn for temporary housing for the period of July 15, 2023 through October 31, 2023 for $135,000; 3) appropriate $190,000 from the General Fund unappropriated fund balance to implement the program; 4) authorize the City Manager to execute funding agreements with Shangri-La Industries, the Monterey County Coalition of Homeless Service Providers, and the County of Monterey to provide funding assistance and reimburse the City for a portion of the costs for the program; 5) authorize the City Manager to execute an agreement with Step Up on Second Street for the provision of site management services; and 6) approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with the County of Monterey regarding enforcement authority on Parcel 245-081-031-000 in the unincorporated area of Monterey County.
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.
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
May 18, 2023
FEE ALLOCATIONS FOR ASSEMBLY BILL 939 (AB 939) PROGRAMS At the April Board meeting the Board President requested a presentation explaining the fee allocations of AB 939 for each member agency. Authority staff compiled and presented at this meeting a report on all the programs and services included in the total budget, the allocations for each jurisdiction based on the previous three years of franchise landfill tonnages in detail, and the extensive public outreach and education activities conducted under AB 939. The total budget needed to support AB 939 is $5.06 million, with $4.1 million coming from AB 939 Fee contributions and the remainder of the budget being funded through disposal (solid waste) tipping fees or other funding sources. The Board requested the breakdown of the costs allocation by jurisdictions to be presented at the June meetings.
City/County Contribution* ($) Percentage Use Allocation* ($) Percentage Salinas $ 2,428,615 59% $ 2,915,873 58%
Monterey Co. $ 987,520 24% $ 831,589 16%
King City $ 213,915 5% $ 558,249 11%
Greenfield $ 183,760 5% $ 235,216 5%
Soledad $ 196,570 5% $ 337,442 7%
Gonzales $ 92,620 2% $ 182,429 3%
TOTAL $ 4,103,000 $ 5,060,798
EXTENSION OF THE COUNTY OF MONTEREY LITTER ABATEMENT SERVICES MEMORANDUM OF UNDERSTANDING The partnership between the County of Monterey, ReGen Monterey, and the Authority began in 2018. At that time the Board agreed to the request from the County of Monterey to support expanding the Litter Abatement Program that provides illegal dumping clean-up and litter abatement services along roadsides in the rural areas of the county.
The memorandum of understanding (MOU) would provide funding of $100,000 per fiscal year. The extension to the MOU is the second extension and will continue to provide funding of $100,000.00 per year for fiscal years 2023-24 and 2024-25. Details of other litter abatement services provided by the Authority were also provided to the Board.
JOHNSON CANYON LANDFILL WATER AGREEMENT
Access to an ample supply of fresh water is critical for the operation of the Johnson Canyon Landfill. Water is used for dust control, fire suppression, and compost moisture conditioning. To save money by avoiding obtaining fresh water supplies from off-site locations, a long-term water agreement with the neighbor, George Amaral Ranches, Inc., was approved at the April Board meeting. After the approval, representatives of George Amaral Ranches, Inc. approached Authority staff requesting to make a minor amendment to the agreement that provides that any future state, federal or local regulations effecting the water delivery would allow the agreement to be amended by mutual agreement or termination if such mutual agreement cannot be reached. The modification also requires that the prorated share of the remaining years of the 30-year water service agreement payment be reimbursed to the Authority in the event it is terminated.
FINANCIAL REPORT FOR MONTH ENDED MARCH 2023 (75% OF THE FISCAL YEAR) Revenue collected $ 18,620,015 (78.4% of Estimated Revenue of $23,764,900) Expenditures for operations $ 15,024,007 (70.0% of Operating Budget of $21,450,000) Cash balance $ 34,607,944
*Based on tonnage, activities, events, and facility data. 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
18 de mayo 2023
(Agencia gubernamental de gestión de residuos sólidos)
ASIGNACIONES DE TARIFAS PARA PROGRAMAS DE LEY DE ASAMBLEA 939 (AB 939 POR SUS SIGLAS EN INGLES) En la reunión del Consejo de abril, el presidente del Consejo solicitó una presentación que explicara las asignaciones de tarifas de AB 939 de cada agencia miembro. El personal de la agencia compiló y presentó en esta reunión un informe sobre todos los programas y servicios incluidos en el presupuesto total, las asignaciones para cada jurisdicción con base en los tres años anteriores de tonelaje de vertedero de franquicia en detalle, y las actividades amplias de divulgación y educación pública realizadas bajo AB 939. El presupuesto total necesario para respaldar AB 939 es de $5.06 millones, con $4.1 millones provenientes de las contribuciones de la tarifa AB 939 y el resto del presupuesto se financia a través de tarifas de eliminación (desechos sólidos) u otras fuentes de financiación. El Consejo solicitó que se presentara el desglose de la asignación de costos por jurisdicciones en las reuniones de junio.
Cuidad/Condado Contribución* ($) Porcentaje Asignación de Uso* ($) Porcentaje Salinas $ 2,428,615 59% $ 2,915,873 58%
Co. Monterey $ 987,520 24% $ 831,589 16%
King City $ 213,915 5% $ 558,249 11%
Greenfield $ 183,760 5% $ 235,216 5%
Soledad $ 196,570 5% $ 337,442 7%
Gonzales $ 92,620 2% $ 182,429 3%
TOTAL $ 4,103,000 $ 5,060,798
EXTENSIÓN DEL MEMORANDO DE ENTENDIMIENTO PARA LOS SERVICIOS DE REDUCCIÓN DE BASURA DEL CONDADO DE
MONTEREY
La asociación entre el Condado de Monterey, ReGen Monterey y la Agencia comenzó en 2018. En ese momento, el Consejo aceptó la solicitud del Condado de Monterey para apoyar la expansión del Programa de reducción de basura que brinda servicios de limpieza y reducción de basura a lo largo de los caminos en las zonas rurales del condado. El memorando de entendimiento (MOU por sus siglas en inglés) proporcionaría una financiación de $100.000 por año fiscal. La extensión del MOU es la segunda extensión y continuará brindando financiamiento de $100,000.00 por año para los años fiscales 2023-24 y 2024-25. También se proporcionaron al Consejo detalles de otros servicios de reducción de basura proporcionados por la Agencia.
ACUERDO DE AGUA PARA EL BASURERO JOHNSON CANYON
El acceso a un amplio suministro de agua fresca es fundamental para el funcionamiento del basurero de Johnson Canyon. El agua se utiliza para el control del polvo, la extinción de incendios y el acondicionamiento de la humedad del compost. Para ahorrar dinero al evitar obtener suministros de agua fresca de lugares fuera del área, se aprobó un acuerdo de agua a largo plazo con el vecino, George Amaral Ranches, Inc., en la reunión del Consejo de abril. Después de la aprobación, los representantes de George Amaral Ranches, Inc. contactaron al personal de la Agencia solicitando hacer una enmienda menor al acuerdo que establece que cualquier futura regulación estatal, federal o local que afecte la entrega de agua permitiría que el acuerdo sea enmendado por acuerdo mutuo o rescisión si no se puede llegar a tal acuerdo mutuo. La modificación también requiere que la parte prorrateada de los años restantes del pago del contrato de servicio de agua de 30 años se reembolse a la Agencia en caso de que se termine.
INFORME FINANCIERO DEL MES FIN ALIZADO EN MARZO 2023 (75% DEL AÑ O FISCAL) Ingresos recaudados $ 18,620,015 (78.4% del Ingreso Estimado de $23,764,900) Gastos de operaciones $ 15,024,007 (70.0% del Presupuesto Operativo de $21,450,000) Saldo de caja $ 34,607,944
*Basado en tonelaje, actividades, eventos, y datos de instalaciones.
City Council Meeting
May 23, 2023
1.__CALL TO ORDER:
Regular Meeting called to order at 6:00pm by Councilmember DeLeon.
2.__ROLL CALL:
City Council: Council member, Oscar Avalos, Rob Cullen, Carlos DeLeon, Mayor Mike LeBarre and Mayor Pro Tem Carlos Victoria are absent.
City Staff: Public Works Director/City Engineer; City Attorney Roy Santos via zoom; City Clerk, Erica Sonne.
3.__FLAG SALUTE:
The flag salute was led by Councilmember Cullen.
4. CLOSED SESSION ANNOUNCEMENTS:
None
5.__SPECIAL PRESENTATIONS:
A. Public Works Director Octavio Hurtado introduced Doug Bilse, Principal Transportation Engineer at Transportation Agency for Monterey County who spoke on National Public Works Week. National Public Works Week Proclamation presented to City of King Public Works by Councilmember DeLeon.
City Council thanked all of City Public Works for their hard work.
B. Alliance on Aging Transportation Program presentation by Transportation Coordinator Maribel Trejo with a PowerPoint presentation.
6. PUBLIC COMMUNICATIONS:
None
7. COUNCIL COMMUNICATIONS:
Council Member Avalos stated that the SVF ended this week with the sale of 704 animals. Attendance seemed to be up from last year.
Council Member Cullen stated Solid Waste Authority meeting highlights were in the packet and he was at the fair all day everyday, and it was a great event. He mentioned that the Post Office dedication honoring Rudy Banuelos is this Friday at 12:30pm.
Council Member DeLeon had nothing to report tonight.
8. CITY STAFF REPORTS AND COMMENTS:
Public Works Director/City Engineer reported actively going after grants for Multimodal station, RSTP Roundabout as well.
9(A)
City Attorney Roy Santos apologized for not being present in person.
9. CONSENT
A. Consideration: Meeting Minutes of May 9, 2023, Council Meeting B. Consideration: City of King Check Register May 1, through May 15, 2023 C. Consideration: King City Community Power Paid Invoices April 2023 D. Consideration: FY 2023-24 Street Improvement Project, Including Adoption of Finding of a Categorical Exemption, Pursuant to Section 15301 of the CEQA Guidelines E. Consideration: Authorization to Purchase Phase 3.2 of the Citywide Security Camera System from Surveillance Grid Integration Incorporated and the Gridassure Annual Maintenance & Service Contract
F. Consideration: Modification to Outdoor Dining Area Improvements Grant Program G. Consideration: Successor Agency Check Register May 1, through May 15, 2023 H. Consideration: Public Financing Authority Check Register May 1, through May 15, 2023 Action: Motion to approve consent agenda items A—H by and Cullen seconded by Avalos.
AYES: Council Members: Cullen, DeLeon, Avalos
NOES: Council Members:
ABSENT: Council Members: LeBarre, Victoria
ABSTAIN: Council Members:
10. PUBLIC HEARING:
A. Consideration: A Resolution Of The City Council Of The City Of King Approving The Amended Wastewater Treatment Plan And Recycled Water Project And Adopting The Mitigated Negative Declaration And Mitigation Monitoring And Report Plan For The King City Wastewater Treatment Plan And Recycled Water Project (Sch No. 2023030751)
Public Works Director Hurtado introduced this item.
Community Development Director Doreen Liberto further introduced this item.
Councilmember DeLeon opened the public hearing. Hearing and seeing no one come forward Councilmember DeLeon closed the public hearing.
Action: Motion to 1) adopt a Resolution approving the final Wastewater Treatment Plant/Recycled Water Project scope of work; and 2) adopt the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Report Program by and Cullen seconded by Avalos.
AYES: Council Members: Cullen, DeLeon, Avalos
NOES: Council Members:
ABSENT: Council Members: LeBarre, Victoria
ABSTAIN: Council Members:
11. REGULAR BUSINESS
None
12. CITY COUNCIL CLOSED SESSION
A. Public Employee Performance Evaluation Pursuant to Government Code Section 54957:
Title: City Manager
B. CONFERENCE WITH LABOR NEGOTIATORS – Government Code section 54957.6.
Unrepresented employees: Chief of Police; Director of Public Works; Community Development Director.
C. 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
ADJOURNMENT:
Councilmember Cullen adjourned the meeting to closed session at 6:32p.m. Councilmember DeLeon adjourned the meeting at 7:01p.m.
Approved Signatures:
Mayor Mike LeBarre City Clerk, Erica Sonne
City of King City of King
Item No. 9(B)
REPORT TO THE CITY COUNCIL
DATE: JUNE 13, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER MAY
16 THROUGH MAY 31, 2023
RECOMMENDATION:
It is recommended City Council receive and file.
BACKGROUND:
At least once a month, the City Treasurer shall submit to the City Council, a copy of the invoices paid for the previous month.
DISCUSSION:
The purpose of this item is to provide the Council an opportunity to review and monitor ongoing expenditures. These documents are attached.
COST ANALYSIS:
There is no fiscal impact as a result of this action.
ENVIRONMENTAL REVIEW:
No Environmental Review required for this item.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
1. Receive and file the report; or
2. Provide other direction to staff regarding requests for additional information.
Item No. 9 (C)
REPORT TO THE CITY COUNCIL
DATE: JUNE 13, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF FY 2023-24 JOB CLASSIFICATION PLAN RECOMMENDATION:
It is recommended the City Council adopt a Resolution approving the FY 2023-24 Job Classification Plan.
BACKGROUND:
The City maintains a Job Classification Plan that sets forth all existing job classifications and salary ranges. It is also a requirement of CalPERS that the City Council adopt on an annual basis the City’s Salary Classification Plan.
DISCUSSION:
The FY 2023-24 Job Classification Plan incorporates the salary increases approved in the labor agreements and side letter of agreements with each of the City’s unions and represented groups, authorized adjustments to department director salaries, new positions included in the recommended budget, and the amendment to the City Manager contract. The proposed plan also includes a recommended increase to the Police Officer Recruit salary by the same percentage increase applied to the Police Officer classification, a 5% increase in the pay rate for Fire Department officers, and an increase in the per call pay for firefighters from $17 to $18.
COST ANALYSIS:
The increases have all been incorporated into the FY 2023-24 Budget so not additional appropriation is needed.
RESOLUTION NO. 2023-4949
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING
AMENDING THE CLASSIFICATION PLAN FOR FY 2023-24
WHEREAS, the City of King maintains job descriptions for each position and a Classification Plan that sets forth all existing job classifications and salary steps; and WHEREAS, adoption of an annual Classification Plan is required by CalPERS; and WHEREAS, the City Council desires to make changes to the salary range for the Public Works Superintendent to maintain competitive compensation rates.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of King approves amendments to the FY 2023-24 Classification Plan as set forth in Exhibit A.
This resolution was passed and adopted this 13th day of June, 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
Item No. 9 (D)
REPORT TO THE CITY COUNCIL
DATE: JUNE 13, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF NEW JOB DESCRIPTIONS AND SIDE
LETTERS OF AGREEMENT WITH THE KING CITY
CONFIDENTIAL EMPLOYEES ASSOCIATION AND THE
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 521
RECOMMENDATION:
It is recommended the City Council: 1) approve job descriptions for the new Community Engagement Coordinator and Police Records Technician positions; 2) approve and authorize the City Manager to execute a Third Side Letter of Agreement with the King City Confidential Employees Association (KCCEA) amending their Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025 to add the Community Engagement Coordinator as a represented position; and 3) approve and authorize the City Manager to execute a Third Side Letter of Agreement with the Service Employees International Union Local 521 (SEIU) to amend their MOU for the period of July 1, 2022 through June 30, 2025 to add the Police Records Technician as a represented position.
BACKGROUND:
The proposed budget includes two new budget classifications – a Community Engagement Coordinator position and a Police Records Technician position.
Therefore, staff have drafted new job descriptions for City Council consideration.
Creating the new positions also requires side letters of agreement with the appropriate labor groups to amend existing MOUs to add them as represented positions.
CITY COUNCIL
CONSIDERATION OF NEW JOB DESCRIPTIONS AND SIDE LETTERS OF
AGREEMENT WITH THE KING CITY CONFIDENTIAL EMPLOYEES
ASSOCIATION AND THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 521
JUNE 13, 2023
PAGE 2 OF 3
DISCUSSION:
The Community Engagement Coordinator position will replace the temporary COVID-19 Community Assistance Coordinator position that was funded by grants. This new position will be responsible for community outreach efforts and activities, public relations and information, maintaining the website, social media, event planning, public assistance, economic development and coordination with local businesses, and grant assistance. The recruitment process is under way and staff hope to fill the position by July 2023.
The Police Records Technician will replace the second Code Enforcement Officer position, which staff has experienced difficulty filling. The new position will perform many of the code enforcement administrative tasks in order to free up the Code Enforcement Officer to dedicate most of his/her time to field operations. The position will also provide backup to the Police Department front counter, assume responsibility for processing cannabis work permits, coordinate evidence, and other records and administrative tasks. The position will be primarily responsible for conducting a major inventory of evidence that is currently needed. The recruitment process will begin in July.
Job descriptions are included as exhibits for Council consideration. Side letters to the MOUs with KCCEA and SEIU are also attached, which have been discussed with and agreed to by both labor groups.
COST ANALYSIS:
The net cost impact of the new positions will be approximately $100,000, which is included in the proposed FY 2023-24/ FY2024-25 Biennial Budget.
ENVIRONMENTAL REVIEW:
Job descriptions 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.
Item No. 9 (E)
REPORT TO THE CITY COUNCIL
DATE: JUNE 13, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF SCHOOL RESOURCE OFFICER
MEMORANDUM OF UNDERSTANDING
RECOMMENDATION:
It is recommended the City Council: 1) approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with the South Monterey County Joint Union High School District (SMCJUHSD) and the King City Union School District (KCUSD) for cost sharing for the School Resource Officer (SRO) program; and 2) authorize the City Manager to make minor non-substantive changes to the MOU as necessary in a form approved by the City Attorney.
BACKGROUND:
The King City Comprehensive Plan to End Youth Violence was adopted by the City Council on January 24, 2017. The plan includes 23 recommended measures that were developed by a Community Task Force. The measures fall under 5 categories, which consist of prevention, intervention, enforcement, reentry, and public outreach.
One of the key prevention measures recommended was to establish an oncampus probation officer program and a school resource officer program. The City began with implementation of the on-campus probation officer program in 2017, which has been co-funded by the Probation Department, SMCJUHSD, and KCUSD under an MOU. The second 3-year MOU will expire at the end of June 2023.
The on-campus probation officer program was an effective first step. Staff are now proposing to proceed to the next step in the Comprehensive Plan to End Youth Violence by establishing the SRO program.
CITY COUNCIL
CONSIDERATION OF SCHOOL RESOURCE OFFICER MEMORANDUM OF
UNDERSTANDING
JUNE 13, 2022
PAGE 2 OF 4
DISCUSSION:
The on-campus probation officer program has served the City well. It was a costeffective first step since the costs were shared between four agencies. At the time it was formed, the City was rebuilding it’s police department. Therefore, it was not equipped to provide an SRO, and there was a concern an SRO would be diverted to other emergencies on an ongoing basis. Over time, the Probation Officer program has become primarily focused on probationers. Now that the Police Department has advanced and reached full or near full staffing, staff believe it could operate an effective SRO program.
The purpose of the SRO program is to expand the Police Department’s presence on school campuses and become more proactive in preventing gang activity. The SRO’s primary objective will be to identify at-risk youth and develop and implement strategies to prevent them from progressing on a destructive path.
Given the progress the Police Department has made in investigating and deterring gang violence, the next step will be to prevent new members from joining gangs in order to make permanent changes toward increasing safety.
Specific duties of the SRO as outlined in the MOU include the following:
• Interact with students on campus before and after school, between classes, during lunch period, and at school activities.
• Respond to reports of illegal activity by students.
• Investigate crimes and incidents involving students.
• Identify at-risk youth, determine issues at the cause of negative behavior, and develop and implement strategies to connect the at-risk youth to resources available to address existing issues.
• Coordinate with teachers and school administrators on public safety programming, activities, and any interventions involving individual students. • Serve as a liaison between the schools and the King City Police Department on public safety issues involving the schools, including traffic, parking, truancy, drug and alcohol use, gang activity and violence. • Coordinate referral of youth involved in offenses to the Road to Success diversion program.
CITY COUNCIL
CONSIDERATION OF SCHOOL RESOURCE OFFICER MEMORANDUM OF
UNDERSTANDING
JUNE 13, 2022
PAGE 3 OF 4
• Attend, as needed, regular interagency meetings of the participating agencies.
• Attend special school activities, such as sporting events, performances, etc. when requested by school administrators.
• Attend annual trainings and perform duties consistent with the King City Police Department requirements of a Police Officer.
It is proposed to not renew the agreement for the on-campus probation officer program and replace it with the SRO program. Similar to the on-campus probation officer, time would be shared between the high school and middle school. The goal will be to expand the program to two SRO positions in the future if the proposed local sales tax measure is successful in 2024. Staff have also submitted a federal grant application to fund the position for a period of 3 years. If approved, it would enable expansion of the program sooner. Two SROs would enable one to be assigned on a full-time basis to each school district.
To implement the program, approval of an MOU with SMCJUHSD and KCUSD is recommended. An initial 3-year term is proposed, which includes provisions to expand to two SRO positions if the local sales tax measure is approved. The SMCJUHSD Board is scheduled to consider the MOU at their meeting on June 13th. The KCUSD Board is scheduled to consider it at their meeting on June 21st.
The goal is to begin the program on August 1st to prepare for the beginning of the school year. If approved, the Police Department will solicit interest among existing staff and likely select an existing officer for the assignment.
COST ANALYSIS:
The costs of the program include salary, benefits, overtime and any equipment required. Staff is not recommending administrative overhead costs be charged to the other agencies. The cost sharing formula in the MOU is as follows:
City of King 37.5%
SMCJUHSD 37.5%
KCUSD 25.0%
The formula reflects the amount of time the officer is anticipated to spend at each school. Actual costs will be based on who is appointed to the position. Based on this formula, the anticipated maximum cost to the City will be $75,000. The cost of renewing the on-campus probation officer agreement would have been approximately $60,000 annually. Therefore, there will likely be no net cost to the
Item No. 9 (F)
REPORT TO THE CITY COUNCIL
DATE: JUNE 13, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF ROAD TO SUCCESS YOUTH DIVERSION
PROGRAM MEMORANDUM OF UNDERSTANDING
RECOMMENDATION:
It is recommended the City Council: 1) approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with the South Monterey County Joint Union High School District (SMCJUHSD), the King City Union School District (KCUSD), and Sun Street Centers for funding and operation of the Road to Success youth diversion program; and 2) authorize the City Manager to make minor non-substantive changes to the MOU as necessary in a form approved by the City Attorney.
BACKGROUND:
The King City Comprehensive Plan to End Youth Violence was adopted by the City Council on January 24, 2017. The plan includes 23 recommended measures that were developed by a Community Task Force. The measures fall under 5 categories, which consist of prevention, intervention, enforcement, reentry, and public outreach.
One of the key intervention measures recommended was to establish a youth diversion program. This was accomplished by contracting with Sun Street Centers to provide the Road to Success Program. It was initially established in 2018 as a joint effort with the other South County cities funded by a State grant.
Since that time, it has been funded partially or fully by other grants. Most recently, the City was able to expand the program utilizing a CalVIP grant approved by the Board of State and Community Corrections (BSCC). It is no longer a joint program, but the Program Manager position is shared with the City of Greenfield.
CITY COUNCIL
CONSIDERATION OF ROAD TO SUCCESS YOUTH DIVERSION PROGRAM
MEMORANDUM OF UNDERSTANDING
JUNE 13, 2022
PAGE 2 OF 4
The CalVIP grant is due to expire June 30th. Therefore, staff propose to maintain the program by jointly funding it with SMCJUHSD and KCUSD. An MOU has been drafted to continue to contract for the program with Sun Street Centers funded through the partnership.
DISCUSSION:
The Road to Success is designed for youth, first time offenders of crimes. Youth that come into contact with the Police Department due to an offense for the first time and are determined to be good candidates for the program are referred by the Police Department if they agree to participate in lieu of an arrest. Referrals are also made directly by the schools in lieu of expulsion or suspension.
This 3 to 6-month program seeks to prevent school expulsion and/or entry into the juvenile justice system by offering youth offenders individualized diversion plans that include substance abuse intervention and education, participation in pro-social activities, individual and/or family counseling, parent workshops, and community service hours. Diversion plans are developed in collaboration with the student, their parents and a case management specialist with the goal of offering a path to success through education, employment, community involvement, Life Skills Training and counseling.
Early intervention includes providing an assessment of individual needs, referrals to outside agencies, individual counseling, and recreational activities with incentives; evidence-based training that addresses youth drug abuse and cooccurring psychological, situational and life skills deficits; and coordination with school regarding attendance and grades. For each youth admitted into the program, one parent must also complete 8+ hours of parent education through Life Skills Training. Each youth completes 8-10 weeks of Life Skills Training covering topics such as anger management, coping with anxiety, and making healthy choices. Each individual case plan requires youth to become involved in their community by completing community service hours at local agencies/organizations. Hours are completed by volunteering at local churches, elementary & middle schools, city/county libraries, businesses such as beauty salons & barber shops, through Sun Street Centers Safe Teen Empowerment Project in South County or through community clean-ups at parks or beaches.
A Community Activity Board comprised of community volunteers describes the diversion process, reviews the reasons the offender committed the offense and discusses the impact of that offense. They then formulate a diversion agreement that includes community service hours, restitution to the victim and/or counseling.
CITY COUNCIL
CONSIDERATION OF ROAD TO SUCCESS YOUTH DIVERSION PROGRAM
MEMORANDUM OF UNDERSTANDING
JUNE 13, 2022
PAGE 3 OF 4
Staff believe the program has been successful and offers a valuable tool in the City’s overall gang and violence prevention efforts. An estimated 97 youth have been served by the program since its inception and 61 have completed it. Of those completing the program, the success rate of those not repeating offenses within the next 12 months is 89%. Therefore, staff recommend it be continued by jointly funding it through an MOU with SMCJUHSD and KCUSD. An initial 3-year term is proposed. The SMCJUHSD Board is scheduled to consider the MOU at their meeting on June 13th. The KCUSD Board is scheduled to consider it at their meeting on June 21st. This will enable the program to continue uninterrupted at the completion of the CalVIP grant.
COST ANALYSIS:
The total annual cost of the program is $200,000, which will increase by CPI each year. The recommended cost allocation is as follows:
City of King 37.5%
SMCJUHSD 37.5%
KCUSD 25.0%
The initial annual cost to the City will be $75,000, which will be paid with ARPA funds and an anticipated grant from Chevron Corporation for the first two years.
Therefore, there will not be an impact to the General Fund until FY 2025-26.
Funding has been incorporated into the FY 2023-24/FY 2024-25 Bienniel Budget.
ENVIRONMENTAL REVIEW:
The youth diversion program is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as it does not have the potential for resulting in either a direct physical change to the environment or a reasonably foreseeable indirect physical change in the environment. No further action is required under CEQA for City Council action.
ALTERNATIVES:
The following alternatives have been identified for City Council consideration:
1. Approve staff’s recommendations;
2. Direct staff to modify the terms of the MOU;
3. Approve funding for the program, but direct staff to decrease costs by reducing the staffing level of the program;
4. Do not approve the MOU and terminate the Road to Success Diversion Program; or
5. Provide staff other direction.
Item No. 9 (G)
REPORT TO THE CITY COUNCIL
DATE: JUNE 13, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF POLICE OFFICER RECRUIT
EMPLOYMENT AGREEMENT
RECOMMENDATION:
It is recommended the City Council authorize the City Manager to execute an employment agreement in a form approved by the City Attorney for temporary payment of a Police Officer Recruit position at Police Officer salary while attending the Police Academy.
BACKGROUND:
Recruitment of qualified police officer candidates has become extremely competitive. One of the most critical components of the City’s efforts to rebuild and reform its Police Department has been the recruitment of high quality police officer staff. A number of strategies have been implemented to maintain success in accomplishing this. One of the measures was creation of a recruit position.
The City sponsors recruit police officers as they attend the police academy by paying for the costs of the academy and a salary during their attendance.
The City has experienced a unique situation in the hiring process of one of its newest recruits. As a result, staff are recommending the City Council authorize the City Manager to execute an agreement to temporarily pay the recruit at the police officer salary rather than recruit salary during participation in the academy.
DISCUSSION:
The City has an opportunity to hire a highly qualified probation officer to fill one of its police officer vacancies. Since training is different for probation officers than police officers, the individual will still need to complete the academy. It is an unusual situation for the City to sponsor someone in the academy who is already
Item No. 9 (H)
REPORT TO THE CITY COUNCIL
DATE: JUNE 13, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF MEMORANDUM OF UNDERSTANDING
WITH CALIFORNIA WATER SERVICE COMPANY REGARDING
SALE OF RECYCLED WATER
RECOMMENDATION:
It is recommended the City Council approve and authorize the City Manager to execute a Memorandum of Understanding (“MOU”) with California Water Service (“Cal Water”) establishing a framework to negotiate a future recycled water wholesaler-retailer agreement.
BACKGROUND:
Staff have been working on preparing an application to the State Water Resources Control Board for financial assistance to construct the Wastewater Treatment Plant and Recycled Water Project. As part of the process to obtain funding for the tertiary treatment facility, the City is required to provide evidence of customers for the recycled water that would be created. Staff have begun the process of negotiating an arrangement with Cal Water of how recycled water could be delivered and sold. Staff are presenting an initial MOU for consideration that would establish a framework for proceeding with the negotiation process.
DISCUSSION:
There are legal restrictions on the City’s ability to sell water directly to customers in Cal Water’s service area. Therefore, if the City receives State grant funds sufficient to construct a tertiary treatment facility to produce recycled water and the distribution system, staff recommends the City establish an agreement to sell the water to Cal Water on a wholesale basis. An MOU has been negotiated that sets forth the intent to negotiate this type of agreement and arrangement.
CITY COUNCIL
CONSIDERATION OF MEMORANDUM OF UNDERSTANDING WITH
CALIFORNIA WATER SERVICE COMPANY REGARDING SALE OF
RECYCLED WATER
JUNE 13, 2023
PAGE 2 OF 3
The MOU would serve only as a first step in the process and would provide documentation the City can submit to the State Water Resources Control Board to demonstrate the intent and progress being made. It would not create any legal commitment by the City or Cal Water at this time.
The intent proposed by staff would be to negotiate a water pricing structure that would sell recycled water to Cal Water at a wholesale rate. The rate would be set at a level sufficient for Cal Water to sell retail recycled water at a rate below the potable water price to serve as an incentive for major users to subscribe to the water service for irrigation. It would also be designed to enable Cal Water to experience their normal markup amount but to preclude them from making additional profit above that amount.
The City is also in discussions with a local agriculture business adjacent to the plant site that could purchase a portion or all of the water directly from the City for irrigation. The advantage would be that it would require much less distribution costs since the water could be distributed almost directly from the plant.
Disadvantages would likely include the need for a lower sale price since it would be replacing well water and may preclude the ability to serve some of the City’s parks. Staff anticipates the City will probably want to pursue a combination of the two options.
This arrangement differs from staff’s original proposal made when the Wastewater Treatment Plant Facilities Plan was approved by City Council in 2017. The change is due to more grant funding being available at this time than originally anticipated. If sufficient funding is not obtained from the State, a different arrangement will be proposed that would involve a request to Cal Water to pay a portion or all of the construction costs. It would involve an arrangement more closely matching the original proposal.
COST ANALYSIS:
There is no cost impact of this action.
ENVIRONMENTAL REVIEW:
The MOU 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 at this time.
RESOLUTION NO. 2023-4953
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING AUTHORIZING
THE SUBMITTAL OF AN APPLICATION TO THE STATE TO PARTICIPATE IN THE
PROHOUSING DESIGNATION PROGRAM
WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program (“PDP” or “Program”), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and
WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive applications for specified housing and infrastructure funding; and WHEREAS, the Department of Housing and Community Development (“Department”) has adopted emergency regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d); and
WHEREAS, Staff has conducted an assessment of the type of environmental document that may be needed and determined with certainty that there is no possibility that the Prohousing Application activity will have a significant effect on the environment, and therefore is not submit to CEQA, pursuant to CEQA Guidelines sections 15061 (b) (3) (the common-sense exemption); and
WHEREAS, the City of King (“Applicant”) desires to submit an application for a Prohousing Designation (“Application”).
THEREFORE, IT IS RESOLVED THAT:
1. Applicant is hereby authorized and directed to submit an Application to the Department.
2. Applicant acknowledges and confirms that it is currently in compliance with applicable state housing law.
3. Applicant acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production.
Examples of such local laws, policies, and action include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. Applicant further acknowledges and confirms that it commits itself to affirmatively furthering fair housing pursuant to Government Code section 8899.50.
PAGE 2 OF 2
4. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the “Program Documents”).
5. Applicant acknowledges and agrees that it shall be subject to the Application; the terms and conditions specified in the Program Documents; the Program Regulations; and any and all other applicable laws.
6. The City Manager is authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program.
PASSED AND ADOPTED at a regular meeting of the City Council on the 13th day of June, 2023, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
The undersigned of Applicant, does hereby attest and certify that the foregoing is a true and full copy of a resolution of the Applicant’s governing body adopted at a duly convened meeting on the date above-mentioned, and that the resolution has not been altered, amended, or repealed.
APPROVED:
________________________________
Mike LeBarre, Mayor
ATTEST:
__________________________________
Erica Sonne, City Clerk
APPROVED AS TO FORM:
_____________________________________
Roy Santos, City Attorney
Special City Council Meeting
May 30, 2023
1.__CALL TO ORDER:
Regular Meeting called to order at 4:04pm by Mayor LeBarre.
2.__ROLL CALL:
City Council: Mayor Mike LeBarre, Council member, Rob Cullen Mayor Pro Tem Carlos Victoria
Council member Oscar Avalos and Carlos DeLeon absent
City Staff: City Manager Steve Adams; City Attorney Roy Santos (Teleconference); City Clerk, Erica Sonne; Mike Howard, Finance Director; Octavio Hurtado Public Works Director; Doreen Liberto, Community Development Director; Mark McClain, Chief Building Official; Tom Nuck, Fire Department Admin Asst.; James Hunt, Police Chief; Andrea Wasson, Recreation Manager.
3.__FLAG SALUTE:
The flag salute was led by Mayor LeBarre.
4. PUBLIC COMMUNICATIONS:
None
5. REGULAR BUSINESS:
A. Consideration of Recommended FY 2023-24/FY 2024-25 Biennial Budget Recommendation: 1) receive a presentation of the proposed FY 2023-24/ FY 2024-25 Biennial Budget; 2) provide direction on any desired changes; and 3) direct staff to draft a Resolution for adoption of the Budget at the June 13, 2023, meeting.
City Manager Steve Adams introduced this item with a PowerPoint presentation.
Finance Director Mike Howard further introduced this item.
City Manager Adams went over Long-Range Financial Plan Scenario I and II.
City Council received the presentation of the proposed FY2021-22/ FY2022-23 Budget with each department speaking on their accomplishments and goals.
City Council thanked for the amount of work accomplishing everything that has been accomplished. They feel every department is vital. The Mayor stated that when he speaks of King City, he brags about King City working as a team.
City Council directed staff to draft a Resolution for adoption of the Budget at the June 13, 2023 meeting
6. 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. Public Employee Performance Evaluation Pursuant to Government Code Section 54957:
Title: City Manager
9(J)
B. CONFERENCE WITH LABOR NEGOTIATORS – Government Code section 54957.6.
Unrepresented employees: Chief of Police; Director of Public Works; Community Development Director.
ADJOURNMENT:
Mayor LeBarre adjourned the meeting at 5:51p.m. to closed session. Mayor LeBarre adjourned the meeting at 6:06p.m.
Approved Signatures:
Mayor Mike LeBarre City Clerk, Erica Sonne
City of King City of King
Item No. 9 (K)
REPORT TO THE CITY COUNCIL
DATE: JUNE 13, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROY C. SANTOS, CITY ATTORNEY
RE: CONSIDERATION OF SIXTH AMENDMENT TO THE
EMPLOYMENT AGREEMENT FOR CITY MANAGER SERVICES
RECOMMENDATION:
It is recommended the City Council approve the sixth amendment to the employment agreement with City Manager Steven Adams.
BACKGROUND:
The City previously entered into an employment agreement for City Manager services (“Employment Agreement”) effective November 9, 2015, which was subsequently amended. At the May 23, 2023 meeting, pursuant to Section 12 of the Employment Agreement, the City Council convened in closed session for the purpose of conducting the annual performance evaluation of Mr. Adams and subsequently agreed to adjust Mr. Adams’ compensation. It is the purpose of the Sixth Amendment to ensure the retention of Mr. Adams’ services as City Manager and the performance of the duties of the office in a manner which serves the best interests of the City.
DISCUSSION:
The proposed terms are identical to the prior agreement with the exception of an adjustment in compensation and benefits. The only change is a 9% increase in base salary effective July 1, 2023. The salary increase consists of a Cost of Living Adjustment (COLA) and an equity adjustment. The purpose of the equity adjustment is to help make progress in addressing an existing disparity in salary identified in a salary survey of other South Monterey County cities and to avoid compaction issues with compensation of other internal positions.
CITY COUNCIL
CONSIDERATION OF SIXTH AMENDMENT TO THE EMPLOYMENT
AGREEMENT FOR CITY MANAGER SERVICES
JUNE 13, 2023
PAGE 2 OF 2
COST ANALYSIS:
The cost impact of the increase is projected to be approximately $18,500 in FY 2023-24. The cost has been addressed in the FY 2023-24 Budget and does not require an additional appropriation.
ENVIRONMENTAL REVIEW:
Employment contracts 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 contract amendment;
2. Make other amendments to the agreement;
3. Do not approve amending the agreement; or
4. Provide staff other direction.
Attachments:
1. Sixth Amendment to Employment Agreement for City Manager Services Prepared and Approved by: _____________________________________ Roy Santos, City Attorney
01222.0001/896681.1
AGREEMENT NO. 2023-01
SIXTH AMENDMENT TO EMPLOYMENT AGREEMENT FOR
CITY MANAGER SERVICES BETWEEN THE CITY OF KING AND
STEVEN ADAMS
This Sixth Amendment to the Employment Agreement for City Manager Services (“Sixth Amendment”) is made and entered into this 13th day of June, 2023, by and between STEVEN ADAMS, an individual (“Adams”), and the CITY OF KING, a Municipal Corporation (“City”), effective June 13, 2023. Adams and City are collectively referred to herein as (“Parties”).
RECITALS
A. The Parties previously entered into an Employment Agreement for City Manager Services (“Employment Agreement”), effective November 9, 2015, which was subsequently amended on or about November 9, 2016, (“First Amended Agreement”), on November 9, 2017, (“Second Amended Agreement”), on July 6, 2019, (“Third Amended Agreement”), on June 22, 2021, (“Fourth Amended Agreement”), and on June 28, 2022, (“Fifth Amended Agreement”), and incorporated herein by reference.
B. Pursuant to Section 12 (“Performance Evaluation”) of the original Employment Agreement, on May 23, 2023, the City Council convened in closed session for the purpose of conducting the annual performance evaluation of Mr. Adams, and on that same day discussed with the City Attorney, Mr. Roy C. Santos, negotiating with Mr. Adams regarding his compensation.
C. It is the purpose of this Sixth Amendment to ensure the retention of Mr. Adams’ services as City Manager and the performance of the duties of the office in a manner which serves the best interests of the City, subject always to the direction of the City Council.
AGREEMENT
NOW, THEREFORE, in recognition of Mr. Adams’ performance, consideration of the foregoing recitals, the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
1. Compensation.
A. Section 3 (“Compensation”) of the Employment Agreement as amended is hereby amended to provide a seven percent (7%) salary increase to Employee’s base salary, effective July 1, 2023; and
B. Section 3 (“Compensation”) of the Employment Agreement as amended is hereby amended to provide a five percent (5%) salary increase to Employee’s base salary, effective July 6, 2024; and
Attachment 1
01222.0001/896681.1
C. Section 3 (“Compensation”) of the Employment Agreement as amended is hereby amended to provide a two percent (2%) cost of living increase to Employee’s base salary, effective July 1, 2023.
2. Full Force and Effect. Except as set forth hereinabove, all terms and conditions of the Employment Agreement as amended shall remain in full force and effect.
3. Continuing Obligations. The Parties shall continue to comply with any and all requirements of the Employment Agreement as amended.
4. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same agreement.
IN WITNESS WHEREOF, the Parties have duly executed this Amendment on the day and year first above written.
CITY OF KING,
a Municipal Corporation
By: __________________________
Mike LeBarre, Mayor
Date:_______________________
STEVEN ADAMS,
an individual
By: ______________________________
Steven Adams
Date:_____________________________
ATTEST:
By: __________________________
Erica Sonne, CMC
City Clerk
Date:________________________
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By: __________________________
Roy C. Santos
City Attorney
Item No. 10 (A)
REPORT TO THE CITY COUNCIL
DATE: JUNE 13, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF RIVERVIEW GARDENS LANDSCAPE
MAINTENANCE DISTRICT ANNUAL ASSESSMENT FOR FISCAL YEAR
2023-24
RECOMMENDATION:
It is recommended that the City Council open the Public Hearing to accept public testimony regarding the levy and collection of assessments for the Riverview Gardens Landscape Maintenance District, close the public hearing, and adopt Resolution No. 2023-4950 approving the report and ordering the levy and collection of assessments 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.
BACKGROUND:
The Riverview Gardens Landscape Maintenance District (“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 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 it 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.
CITY COUNCIL
CONSIDERATION OF THE RIVERVIEW GARDENS LANDSCAPE MAINTENANCE DISTRICT ANNUAL ASSESSMENT FOR FISCAL YEAR 2023-24
JUNE 13, 2023
PAGE 2 OF 3
At the first Council meeting for this item, Council approved a rate based on a projected 6% CPI adjustment. The actual April 2023 CPI is 4.192%. This requires that the initially approved assessment rate of $463.68 be reduced to $455.78. The reduced assessment rate reflecting the actual April CPI has been updated in the attached Engineer’s Report.
DISCUSSION:
On April 25, 2023 the City Council adopted Resolutions and provided notice to the members of the District and citizens of King City 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 the District. The assessment will be levied pursuant to the provisions of the Act for the fiscal year commencing July 1, 2023 and ending June 30, 2024 to pay for the costs and expenses of the improvements described in the Resolution.
Revenues are used primarily for the ongoing maintenance of the shared landscaped areas on Willow Road. These areas were recently improved, and the maintenance is performed by a private contractor selected through a competitive bidding process. This helps ensure the City can provide accurate cost accounting and will maintain a regular maintenance schedule.
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 $20,510.10. This includes contract services for the maintenance and servicing of the improvements, utilities, engineering and administrative costs, Monterey County charges, and reserve collections. 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 2023-24, that amount is $455.78. 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.
ENVIRONMENTAL REVIEW:
The resolution is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. Most of the terms and scope of city discretion are guided by existing State and Federal law. The resolution declares the City’s intent to levy and collect assessment fees. The resolution does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Alternatively, the resolution is exempt from CEQA because the
RESOLUTION NO. 2023-4950
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING AMENDING AND/OR
APPROVING THE ANNUAL ASSESSMENT REPORT AND ORDERING THE LEVY AND
COLLECTION OF ASSESSMENTS FOR THE RIVERVIEW GARDENS LANDSCAPE MAINTENANCE DISTRICT FOR FISCAL YEAR 2023/24
WHEREAS, the City Council of the City of King has, by previous Resolutions, initiated proceedings and declared its intention to levy and collect annual assessments in a special maintenance district created pursuant to the terms of the “Landscaping and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “1972 Act”). Said special maintenance district is known and designated as Riverview Gardens Landscape Maintenance District, (the “District”);
WHEREAS, at this time all notice and Public Hearing requirements as required by the 1972 Act and Proposition 218 have been met relating to the levy of the annual assessments; and, WHEREAS, the City Council has received and reviewed the Engineer’s Report (the “Report”) and is now satisfied with the assessments, diagram and all other matters as contained in the Report as it is now submitted for final consideration and approval; and, WHEREAS, the assessments are in compliance with all laws pertaining to the levy of the District assessments; said assessments are levied without regard to property valuation and are in compliance with the provisions of Proposition 218 as the District was approved by a 100% vote of the property owners at the time of formation; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KING AS FOLLOWS:
RECITALS
Section 1. The above recitals are all true and correct.
Section 2. This City Council hereby finds and determines that the procedures for the consideration of the levy of the annual assessments have been undertaken in accordance with the 1972 Act and Proposition 218. The proposed assessments for Fiscal Year 2023/24 are not proposed to be increased beyond what was previously authorized at the time of formation of the District.
DETERMINATION AND CONFIRMATION
Section 3. The final assessments and diagram for the proceedings, as contained in the Report, are hereby approved and confirmed.
Based upon the Report and the testimony and other evidence presented at the Public Hearing, the City Council hereby makes the following determinations regarding the proposed assessments:
Exhibit 1
a. The proportionate special benefit derived by each assessed parcel has been determined in relationship to the entirety of the cost of the operations, maintenance and servicing of the improvements.
b. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel.
c. Only special benefits have been assessed.
The assessments for the District contained in the Report for Fiscal Year 2023/24 are hereby confirmed and levied upon the assessable lots or parcels within the District in the amounts set forth in the Report.
ORDERING OF MAINTENANCE
Section 4. The public interest and convenience requires and this legislative body does hereby order the maintenance work to be performed as said maintenance work is set forth in the Report and as previously declared and set forth in the Resolution of Intention.
FILING WITH SECRETARY
Section 5. The above referenced Report shall be filed in the Office of the City Clerk and shall remain open for public inspection.
ENTRY UPON THE ASSESSMENT ROLL
Section 6. The County Auditor shall enter onto the County Assessment roll, opposite each lot or parcel of land, the amount assessed thereupon, as shown in the Report.
COLLECTION AND PAYMENT
Section 7. The assessments shall be collected at the same time and in the same manner as County taxes are collected and all laws providing for the collection and enforcement of County Taxes shall apply to the collection and enforcement of the assessments.
FISCAL YEAR
Section 8. The assessments as above authorized and levied for these proceedings will provide revenue and relate to the fiscal year commencing July 1, 2023 and ending June 30, 2024.
PASSED AND ADOPTED at a regular meeting of the City Council this 13th day of June 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
FINAL ENGINEER’S REPORT
FISCAL YEAR 2023-24
RIVERVIEW GARDENS LANDSCAPE
MAINTENANCE DISTRICT
June 2023
PREPARED BY
Harris & Associates
450 Lincoln Avenue, Suite 103
Salinas, CA 93901
www.weareharris.com
Exhibit 2
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) $51.28 Rounding Adjustment (to make an even penny for tax roll purposes) $0.32 Administrative Costs Sub-Total $2,723.10
SUBTOTAL DIRECT AND ADMINISTRATIVE COSTS $14,438.10
Operating Reserve Collection/(Reduction) $883.00
Capital Reserve Collection/(Reduction) $5,189.00
TOTAL BALANCE TO ASSESSMENT $20,510.10
Total Assessable Parcels/Units 45
ASSESSMENT PER PARCEL/UNIT $455.78
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 5,189.00 Estimated Reserve Fund Balance Ending June 30, 2024 $8,304.01 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 actual April CPI shown in the table below, the Maximum Assessment Rate for the upcoming fiscal year (2023-24) shall be $455.78. Thisfinal engineer’s report has been updated for 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 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 4.19% 1.041917274 $455.78 $455.78
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 $455.78 $455.78 $455.78
026-072-002 SFR 1.00 $455.78 $455.78 $455.78
026-072-003 SFR 1.00 $455.78 $455.78 $455.78
026-072-004 SFR 1.00 $455.78 $455.78 $455.78
026-072-005 SFR 1.00 $455.78 $455.78 $455.78
026-072-006 SFR 1.00 $455.78 $455.78 $455.78
026-072-007 SFR 1.00 $455.78 $455.78 $455.78
026-072-008 SFR 1.00 $455.78 $455.78 $455.78
026-072-009 SFR 1.00 $455.78 $455.78 $455.78
026-072-010 SFR 1.00 $455.78 $455.78 $455.78
026-072-011 SFR 1.00 $455.78 $455.78 $455.78
026-072-012 SFR 1.00 $455.78 $455.78 $455.78
026-072-013 SFR 1.00 $455.78 $455.78 $455.78
026-072-014 SFR 1.00 $455.78 $455.78 $455.78
026-072-015 SFR 1.00 $455.78 $455.78 $455.78
026-072-016 SFR 1.00 $455.78 $455.78 $455.78
026-072-017 SFR 1.00 $455.78 $455.78 $455.78
026-072-018 SFR 1.00 $455.78 $455.78 $455.78
026-072-019 SFR 1.00 $455.78 $455.78 $455.78
026-072-020 SFR 1.00 $455.78 $455.78 $455.78
026-072-021 SFR 1.00 $455.78 $455.78 $455.78
026-072-022 SFR 1.00 $455.78 $455.78 $455.78
026-072-023 SFR 1.00 $455.78 $455.78 $455.78
026-072-024 SFR 1.00 $455.78 $455.78 $455.78
026-072-025 SFR 1.00 $455.78 $455.78 $455.78
026-072-026 SFR 1.00 $455.78 $455.78 $455.78
026-072-027 SFR 1.00 $455.78 $455.78 $455.78
026-072-028 SFR 1.00 $455.78 $455.78 $455.78
026-072-029 SFR 1.00 $455.78 $455.78 $455.78
026-072-030 SFR 1.00 $455.78 $455.78 $455.78
026-072-031 SFR 1.00 $455.78 $455.78 $455.78
026-072-032 SFR 1.00 $455.78 $455.78 $455.78
026-072-033 SFR 1.00 $455.78 $455.78 $455.78
026-072-034 SFR 1.00 $455.78 $455.78 $455.78
026-072-035 SFR 1.00 $455.78 $455.78 $455.78
026-072-036 SFR 1.00 $455.78 $455.78 $455.78
026-072-037 SFR 1.00 $455.78 $455.78 $455.78
026-072-038 SFR 1.00 $455.78 $455.78 $455.78
026-072-039 SFR 1.00 $455.78 $455.78 $455.78
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 $455.78 $455.78 $455.78
026-072-041 SFR 1.00 $455.78 $455.78 $455.78
026-072-042 SFR 1.00 $455.78 $455.78 $455.78
026-072-043 SFR 1.00 $455.78 $455.78 $455.78
026-072-044 SFR 1.00 $455.78 $455.78 $455.78
026-072-045 SFR 1.00 $455.78 $455.78 $455.78
026-072-046 EXE 0.00 $455.78 $455.78 $0.00
026-072-047 EXE 0.00 $455.78 $455.78 $0.00
026-072-048 EXE 0.00 $455.78 $455.78 $0.00
TOTALS: 45.00 $20,510.10
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. 10 (B)
REPORT TO THE CITY COUNCIL
DATE: JUNE 13, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
BY: PATRICK MATHEWS, GENERAL MANAGER AND ELIA ZAVALA,
CONTRACTS AND GRANTS ANALYST, SALINAS VALLEY SOLID
WASTE AUTHORITY
RE: CONSIDERATION OF USA WASTE OF CALIFORNIA (DBA WASTE
MANAGEMENT) GARBAGE AND RECYCLING SERVICE FEES
FOR FISCAL YEAR 2023-24
RECOMMENDATION:
It is recommended the City Council 1) adopt a Resolution approving USA Waste of California (DBA Waste Management, hereinafter “WM”) garbage and recycling collection adjusted rates for Fiscal Year 2023-24 effective July 1, 2023, resulting in a 6.51% increase; 2) approve a Memorandum of Understanding (MOU) with Waste Management amending the calculations to the annual garbage and recycling collection service fees to include bad debt recovery; and 3) direct staff to develop and implement a lien process for delinquent refuse accounts to be effective July 1, 2024.
BACKGROUND:
The City’s Revised and Restated Franchise Agreement (Agreement) with WM for the subject services was approved on June 27, 2017. The Agreement provides for annual rate adjustments to occur on July 1st of every year for the duration of the Agreement. City staff and Salinas Valley Solid Waste Authority (SVSWA), the City’s franchise agreement administrator, have reviewed WM’s proposed rate increases and recommend approval with an adjustment to the calculations to allocate bad debt adjustment.
CITY COUNCIL
CONSIDERATION OF USA WASTE OF CALIFORNIA (DBA WASTE
MANAGEMENT) GARBAGE AND RECYCLING COLLECTION SERVICE FEES FOR FISCAL YEAR 2023-24
JUNE 13, 2023
PAGE 2 OF 5
DISCUSSION:
Rate Increase Calculation
WM’s customer rates are composed of six contractual rate components and the City’s franchise fee. Each year, adjustments to these components are calculated based upon the franchisee’s financial results for the period of January through December of the previous year. Each component is then assigned a percentage weight based on the proportionate share of its rate component costs to the total cost.
Below is a breakdown of the 6.51% rate adjustment for Fiscal Year 2023-24 by the different fee components as follows:
1. WM Service Fee Annual CPI 1.77%
2. Bad Debt Adjustment 1.14%
3. WM Diesel Fuel 2.71%
4. SVSWA Landfill Disposal 0.00%
5. SVSWA AB 939 Programs 0.59%
6. SVSWA Organic Waste Processing 0.04%
7. SVSWA Waste Transfer 0.26%
TOTAL 6.51%
The table below reflects the 6.51% fee increase allocated to the respective rate components to a residential customer with a 35-gallon garbage container and to a commercial customer with a 3-cubic yard bin with weekly service.
Weekly Service Residential
35 gal cart
Commercial
3cy bin
Current Rate 7/1/20 $40.21 $382.18
WM CPI 0.71 6.77
WM Bad Debt Adjustment 1.09 10.34
WM Fuel 0.46 4.37
SVSWA Disposal 0.24 2.24
SVSWA AB939 0.02 0.15
SVSWA Organics 0.11 1.01
SVSWA Transfer 0.00 0.00
Proposed Rate 7/1/21 $42.83 407.06
Increase Amount $2.62 24.88
CITY COUNCIL
CONSIDERATION OF USA WASTE OF CALIFORNIA (DBA WASTE
MANAGEMENT) GARBAGE AND RECYCLING COLLECTION SERVICE FEES FOR FISCAL YEAR 2023-24
JUNE 13, 2023
PAGE 3 OF 5
Bad Debt Calculation Methodology MOU
One of the components is loss of revenue due to delinquent payments. Waste Management continues to experience increases in delinquent customer accounts resulting in a considerable amount of bad debt. It is a difficult problem because refuse collection is not like most goods and services that can be cancelled if someone does not pay their bill. Ensuring everyone’s refuse is collected is important for public health. In addition, other jurisdictions that provide water utility service are able to turn off water service, but King City does not have that option since it has a private water purveyor.
Section 7.5 of the 2017 Revised and Restated Franchise Agreement stipulates that the City intended to adopt a new Ordinance in the Municipal Code to provide for the transfer of WM’s delinquent charges to property taxes as a special assessment or property lien. If the City failed to adopt the special assessment/property lien, WM would then have the option to recover losses due to delinquent customer accounts through an adjustment to the customer rate caps. The City has not yet pursued the special assessment/property lien process. As a result, rates have increased to cover the bad debt, which means those who pay their bills are paying for the service for those who do not.
In July 2021 a bad debt rate component was approved with 7.4% assumed bad debt as the new base rate. At that time, it was agreed that every year this component will be adjusted based on the bad debt of the previous year. WM, SVSWA and City staff have worked to develop a calculation methodology for annual bad debt adjustments going forward which is described in the attached proposed MOU. The MOU proposes to combine the bad debt calculation with the annual weighted percentage change of WM’s Service Fee, which annual adjustment caps at a minimum of 2% and maximum 6%. During a year in which the Service Fee Component exceeds 6%, the amount above will be carried forward to a successive annual Service Fee adjustment until the Agreement terminates.
Lien Process
The City has been reluctant to implement a lien process due to the impact on landlords and legal concerns. It is also more challenging for King City than many other cities that have implemented such a process due to the number of low-income households and the number of rental units. Under a lien process, delinquent payments at the end of the year would be placed on the property owner’s property tax bill. Therefore, it would create a new burden on landlords because they would be responsible for payments when their tenants failed to pay their refuse and recycling bills. Some landlords may want to respond by paying the bills themselves and adding the cost to the rents.
CITY COUNCIL
CONSIDERATION OF USA WASTE OF CALIFORNIA (DBA WASTE
MANAGEMENT) GARBAGE AND RECYCLING COLLECTION SERVICE FEES FOR FISCAL YEAR 2023-24
JUNE 13, 2023
PAGE 4 OF 5
To address this, staff recommends City Council consider utilizing a phased approach to implement a lien process. It is recommended the following steps be pursued:
June 2023 City Council direct staff to develop a lien process for delinquent refuse accounts.
September 2023 City Council approval of the process.
October 2023 – Formal notification and outreach to owners of rental units.
June 2024
July 2024 Lien process takes effect.
January 2025 First liens are applied.
July 2025 Rate reduction will take effect.
This process will provide time for landlords to make adjustments and work with their tenants before the changes take effect, and it will prevent them being charged for delinquent payments that occurred prior to having an opportunity to take action to prevent them.
If the City decides to implement a property lien process for bad debt recovery, the customer rates will be reduced by the last calculated amount of bad debt percentage. If implemented today, based on the current bad debt, customers would receive an 8% reduction in their rates. Therefore, the lien process is the best option available to provide rate relief to customers.
It would require the City to enter into an MOU with WM whereby the WM would assign the debt to the City. Once a year, the City Council would need to conduct a public hearing to approve the liens to be placed on property tax bills. It is recommended the MOU also include a fee that would reimburse the City for costs incurred in conducting the process.
COST ANALYSIS:
It is projected that the rate increase will increase franchise fee revenue to the City by approximately $44,000.
RESOLUTION NO. 2023-4954
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING APPROVING USA WASTE OF CALIFORNIA (WASTE MANAGEMENT) FISCAL YEAR 2023-24 GARBAGE COLLECTION AND DISPOSAL RATES EFFECTIVE JULY 1, 2023 WHEREAS, the City of King (City) has contracted for solid waste, recycling, and organic waste collection and processing services through a Franchise with Waste Management since 1996; and
WHEREAS, the current Revised and Restated Franchise Agreement approved on June 27, 2017, contains provisions for calculation of an annual increase in refuse and recycling collection rates effective on July 1st of each subsequent year during the term of the Franchise; and
WHEREAS, Waste Management has requested an annual adjustment in accordance with the terms of the Franchise Agreement for Fiscal Year 2023-24; and WHEREAS, the existing Franchise Agreement contains a provision that allows Council to adopt appropriate services fees for each account or special services and approve annual adjustments of the corresponding rates; and
WHEREAS, City staff and Salinas Valley Solid Waste Authority, as Contract Administrator, have reviewed Waste Management’s proposed increases to the service fees and found an increase of 6.51% to be compliant with the terms of the Franchise; and NOW THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of King that the Council hereby approves the Fiscal Year 2023-24 Garbage Collection and Disposal Rates, as set forth in the form attached hereto and marked “Exhibit A” and by this reference incorporated herein, to become effective July 1, 2023.
This resolution was passed and adopted this 13
th day of June, 2023 by the following vote:
AYES, Council Members:
NAYS, Council Members:
ABSENT, Council Members:
ABSTAIN, Council Members:
Exhibit 1
APPROVED:
______________________________
Mike LeBarre, Mayor
ATTEST:
__________________________________
Erica Sonne, City Clerk
APPROVED AS TO FORM:
__________________________________
Roy Santos, City Attorney
Item No. 11 (A)
REPORT TO THE CITY COUNCIL
DATE: JUNE 13, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF FY 2023-24/FY 2024-25 BIENNIAL
BUDGET AND FY 2023-24 APPROPRIATION LIMIT
RECOMMENDATION:
It is recommended City Council 1) adopt a Resolution approving the FY 2023-24/ FY 2024-25 Biennial Budget; and 2) adopt a Resolution establishing the appropriation limit from tax proceeds for FY 2023-24.
BACKGROUND:
Staff are pleased to present the Recommended Biennial Budget for FY 2023-24/ FY 2024-25 for City Council consideration. Approval by the City Council was recommended by the Budget Advisory Committee at their meeting on May 11th.
At a budget workshop on May 30, 2023, staff presented the budget recommendations to the City Council, and the City Council requested no changes.
The budget document has been distributed to the City Council and copies are available for the public on the City website and at City Hall. It includes a budget message, overview information, summary of General Fund accounts, summary of enterprise funds, summary of special funds, the Capital Improvement Program (CIP), the Long-Range Financial Plan, and the account detail. Please review the budget message for a more detailed discussion of the contents and analysis of the proposed budget.
The document is a proposed work plan for the upcoming two fiscal years based upon the collective expertise and consensus of the entire City staff leadership
CITY COUNCIL
CONSIDERATION OF FY 2023-24/FY 2024-25 BIENNIAL BUDGET AND FY 2023-24 APPROPRIATION LIMIT
JUNE 13, 2023
PAGE 2 OF 5
team. At the end of the first year, staff will present a year-end review and recommended budget adjustments for the second year.
DISCUSSION:
The recommended budgets make progress toward accomplishing each of the major budget goals/priorities that were approved by the City Council in the first step of the budget process. The major goals that were established for the budget include the following:
• Maintain existing service levels and programs and complete existing priority projects.
• Repair and upgrade City facilities, street and wastewater infrastructure. • Plan and obtain grant funding for sustainability and resiliency projects. • Expand community outreach efforts.
• Promote and facilitate the development of increased housing units. • Begin the process or begin to reserve funding for a comprehensive upgrade of the Municipal Code.
One of the most exciting features of this budget is that the City has been successful in building a meaningful fund balance in the General Fund. Despite some significant proposed one-time expenditures, the projected ending fund balance is $2,912,137 in FY 2023-24 and $2,966,579 in FY 2024-25. Among other benefits, this helps the City budget more accurately because it is less critical to estimate overly conservative to eliminate the potential for an unforeseen revenue shortfall. The last time the City had a positive General Fund balance was in 2005. Therefore, this represents a major accomplishment in fiscal management for the City.
The recommendations address a number of specific needs. The most significant changes in the General Fund expenditures include the following:
• Due to the retirement of the City’s part-time contract Community Development Director, it is proposed to add one full-time Community Development Director position. This will be accompanied by reducing the full-time Planner position to part-time, who will be primarily dedicated to accomplishing the budget goal of updating the Municipal Code.
CITY COUNCIL
CONSIDERATION OF FY 2023-24/FY 2024-25 BIENNIAL BUDGET AND FY 2023-24 APPROPRIATION LIMIT
JUNE 13, 2023
PAGE 3 OF 5
• A full-time Community Engagement Coordinator position is proposed to be added to enhance community outreach efforts, public assistance, community events, and grant efforts. The position will replace the existing temporary grant funded COVID-19 Community Assistance Coordinator. • A full-time School Resource Officer position is proposed to be added to expand the King City Police Department presence on school campuses, to provide more intervention capabilities with at-risk youth, and to achieve another objective in the Comprehensive Plan to End Youth Violence. The position will replace the existing on-campus Probation Officer position and be jointly funded with the South Monterey County Joint High School District and the King City Union Elementary School District. The majority of the City’s share will come from savings experienced by discontinuing the contract with the Monterey County Probation Department. • A part-time Recreation Supervisor position is proposed to be added in order address demands of coordinating the City’s recreation activities and will help expand youth and senior programs.
• A full-time Public Works Maintenance Worker position is proposed to be added to assume in-house janitorial responsibilities, which have been contracted during the pandemic utilizing grant funds. The position will also be assigned to increase cleaning of public spaces in the downtown area once construction of improvements is completed.
• Funding is budgeted for the Sun Street Centers Road to Success youth diversion program that was previously paid for by a grant that will terminate on June 30, 2023. This program will also be jointly funded with the South Monterey County Joint Union High School District and the King City Union Elementary School District.
Expenditures in the General Fund are proposed to exceed revenues by $858,859 in FY 2023-24. However, this is due to proposed one-time expenditures for capital projects to be funded by reserves. The primary purpose of these expenses is to complete projects currently under way. The majority of the funds are carryover expenditures that were budgeted but not expended in FY 2022-23.
The most significant General Fund Capital Improvement Project expenditures proposed to complete ongoing projects include the following:
• Downtown Streetscape Project
• Downtown Plaza
CITY COUNCIL
CONSIDERATION OF FY 2023-24/FY 2024-25 BIENNIAL BUDGET AND FY 2023-24 APPROPRIATION LIMIT
JUNE 13, 2023
PAGE 4 OF 5
• Visitor and History Center Project
• City Hall Remodel Project
The City Hall remodel is proposed to address existing office space needs. The projects are all funded primarily by grants and development impact fees.
General Fund revenues are only needed to complete the overall funding gaps due primarily to inflationary increases experienced over the last couple years.
One of the most important components of the Biennial Budget is the Long-Range Financial Plan. In this budget, two scenarios are presented. Scenario I is the Base Plan, which provides a 10-year projection of existing revenues and expenditures. This plan demonstrates that the recommended expenditures can be sustained over the next 10-year period while maintaining a reserve of at least 10% of the General Fund. However, it also indicates that annual expenditures will begin exceeding revenues in FY 2026-27 which presents a concern.
Scenario II is being referred to as the Unfunded Needs Plan. Despite the City’s success in paying off its debt and addressing major priorities, there are significant unfunded needs remaining. Scenario II identifies the highest priority unfunded needs and estimates the cost impact over the 10-year period to address them. The needs identified include the following:
• Street Improvements
• City Facility Deferred Maintenance and Upgrades
• Police Department Staffing
• Public Works Maintenance Staffing
• Building and Maintaining Financial Reserves
Consideration of an additional ½ cent sales measure is identified as a strategy to address the projected revenues needed. The amount of revenue that would be generated is programmed in the model and discussed in more detail in the budget message. The forecast demonstrates revenue could be generated to address each of the priority items identified while maintaining a 30% General Fund reserve.
Proposition 4 was passed by the voters in 1979, which established a State Constitutional limit on spending for each municipal agency based upon a formula that is calculated each fiscal year. The City’s Appropriation Limit for FY 2023-24 was calculated to be $24,167,953. The amount of the City’s appropriations determined to be subject to the “Gann Limit” is $8,626,761. Therefore, the proposed budget for FY 2023-24 is in compliance with the Appropriations Limit.
A Resolution making these findings is attached for City Council consideration.
RESOLUTION NO. 2023-4951
A RESOLUTION OF CITY COUNCIL OF CITY OF KING, CALIFORNIA ADOPTING FISCAL YEAR 2023-24/ FY 2024-25 BIENNIAL BUDGET AND
MAKING APPROPRIATIONS FOR THE AMOUNT BUDGETED
WHEREAS, a proposed Biennial Budget for the City of King for Fiscal Years commencing on July 1, 2023 and ending June 30, 2025 was submitted to the City Council and is on file with the City Clerk; and
WHEREAS, whereas the City Council also serves as the Board of Directors of the Successor Agency to the Dissolved King City Community Development Agency; and WHEREAS, proceedings for adoption of said Budget have been duly taken; and WHEREAS, the total proposed City budget is $27,719,877 in FY 2023-24 and $18,746,318 in FY 2024-25; and
WHEREAS, the proposed General Fund is $11,400,637 in FY 2023-24 and $10,782,319 in FY 2024-25.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of King, California that the Budget is adopted as the Biennial Budget for the City of King for the Fiscal Years commencing July 1, 2023 and ending June 30, 2025.
PASSED AND ADOPTED at a regular meeting of the City Council on the 13th day of June, 2023, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
APPROVED:
________________________________
Mike LeBarre, Mayor
PAGE 2 OF 2
ATTEST:
__________________________________
Erica Sonne, City Clerk
APPROVED AS TO FORM:
_____________________________________
Roy Santos, City Attorney
RESOLUTION NO. 2023-4952
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING ESTABLISHING
THE APPROPRIATIONS SUBJECT TO LIMIT FOR THE CITY OF KING FOR THE 2023-2024 FISCAL YEAR
WHEREAS, Section 37200 of the Government Code provides for the payment of demands based on the adoption of an annual budget; and
WHEREAS, the City Council has adopted a budget for the 2023-2024 fiscal year; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of King that:
1. In accordance with Section 2227 of the California Revenue & Taxation Code, the appropriations limit for the City of King for the 2023-2024 Fiscal Year, as set forth in Exhibits A & B, attached hereto, is $24,167,953.
2. Pursuant to Article XIIIB of the California Constitution, appropriations subject to limit for the 2023-2024, as set forth in Exhibit A, attached hereto, are $8,626,761.
3. The appropriation figures in the schedule attached hereto shall serve as the approved budget for the City of King for the 2023-2024 Fiscal Year, pursuant to Section 37200 of the Government Code of the State of California.
PASSED AND ADOPTED by the City Council of the City of King at a regular meeting duly held on the 13th day of June 2023, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
APPROVED:
________________________________
Mike LeBarre, Mayor
ATTEST:
_________________________
Erica Sonne, City Clerk
APPROVED AS TO FORM:
___________________________
Roy Santos, City Attorney
Item No. 11 (B)
REPORT TO THE CITY COUNCIL
DATE: JUNE 13, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF INTERIM RIVERBED HOMELESS
STRATEGY
RECOMMENDATION:
It is recommended the City Council: 1) approve the recommended Interim Salinas Riverbed Area Homeless Strategy; 2) authorize the City Manager to execute an agreement with Meldi, LLC in a form approved by the City Attorney to lease up to a maximum of 16 rooms at the Monarch Inn for temporary housing for the period of July 15, 2023 through October 31, 2023 for $135,000; 3) appropriate $190,000 from the General Fund unappropriated fund balance to implement the program; 4) authorize the City Manager to execute funding agreements with Shangri-La Industries, the Monterey County Coalition of Homeless Service Providers, and the County of Monterey to provide funding assistance and reimburse the City for a portion of the costs for the program; 5) authorize the City Manager to execute an agreement with Step Up on Second Street for the provision of site management services; and 6) approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with the County of Monterey regarding enforcement authority on Parcel 245-081- 031-000 in the unincorporated area of Monterey County.
BACKGROUND:
The City has experienced an ongoing significant level of homelessness, which has become a major issue facing many jurisdictions. A significant number of homeless individuals reside in encampments in the Salinas Riverbed area. This area is partially within the City limits but predominantly in the unincorporated County area.
It has resulted in a number of issues and complaints, which include: 1) unsafe living conditions, particularly for children; 2) fire hazards to residents of the
CITY COUNCIL
CONSIDERATION OF INTERIM RIVERBED HOMELESS STRATEGY
JUNE 13, 2022
PAGE 2 OF 5
encampments and adjacent residential neighborhoods; 3) damage to private property; 4) public safety concerns and violent acts on residents of the encampments; 5) environmental damage to the riverbed area and habitat; and 6) aesthetic degradation to open space areas. Examples of serious incidents include one death resulting from a major fire last summer and a recent shooting incident. The majority of encampments exist on private property, which has also created a significant trespassing issue.
The City has been very proactive with efforts aimed at addressing both the welfare and safety of homeless individuals and concerns expressed by the community. The City is committed to utilizing a balanced approach of enforcing legal restrictions in an effective manner, demonstrating compassion for the needs and well being of those without shelter, and developing effective problem-solving strategies to address issues rather than simply shifting problems to other areas.
In doing so, the City has established partnerships with a large list of government, non-profit and faith-based organizations.
Some of the efforts have included an ongoing coordination committee of service agency representatives working together to develop overall strategies to address overall homelessness as well as needs of individual cases in King City; temporary shelters and hotel rooms following fire and flood emergencies; temporary trailers for homeless families; coordination of education, medical, and social services for those in need; food distribution programs; transportation; and citizenship assistance.
The most significant effort has been development and approval of the homekey permanent supportive housing project at the former Days Inn site. It is a partnership with the developer, Shangri-La Industries, and the operator, Step Up On Second, Inc. It will provide approximately 45 rooms and full wraparound services, which is anticipated to address the need in the community for those residing in the riverbed area and on City streets.
Unfortunately, due to delays in the project, it is now anticipated that the project will not be operational until October 2023. The City is currently experiencing an escalation of construction activity on private property in the riverbed area. As a result, staff recommends an interim strategy be established in order to help facilitate an effective transition to the future permanent supportive housing project.
DISCUSSION:
Staff proposes to provide a temporary housing option until the permanent supportive housing project is operational and then begin enforcement of trespassing violations in coordination with the Monterey County Sheriff’s
CITY COUNCIL
CONSIDERATION OF INTERIM RIVERBED HOMELESS STRATEGY
JUNE 13, 2022
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Department. Staff have negotiated a tentative agreement with the Monarch Inn to lease 16 rooms for the period of July 15th to October 15th. It is proposed to cofund the cost with the County of Monterey, Monterey County Coalition of Homeless Service Providers, and Shangri-La Industries. Verbal commitments have been received from each of the organizations who are in the process of obtaining formal approval.
Step Up on Second Street, Inc. has committed to hiring a Service Coordinator to assist with oversight and coordination of the residents at the Monarch Inn.
Community Health Engagement (CHE), Dorothy’s Place, and Sun Street Centers have all agreed to provide some level of assistance with case management and support services.
It is hoped that the majority of people housed at the Monarch Inn will be eligible to participate in the permanent supportive housing project. Therefore, one of the key benefits of the Interim Strategy is that it will provide Step Up an opportunity to work with future residents to prepare a smooth transition to the permanent supportive housing project.
An MOU with the County of Monterey Sheriff’s Department is also proposed to coordinate ongoing enforcement activity. The MOU would provide authority to the City’s Police Department to assist with enforcement in the unincorporated County area of the riverbed. This will increase the effectiveness of the enforcement since the King City Police Department regularly patrols the adjacent area and is better equipped to monitor activity in the riverbed on a frequent basis.
Implementation of the proposed Interim Strategy consists of the following steps:
1. Staff will obtain legal written consent from property owners for enforcement and post no trespassing signs in the riverbed area.
2. Law enforcement personnel will provide pre-notification to individuals residing in the riverbed regarding future enforcement and a sufficient time period for relocation along with instructions regarding access to the Monarch Inn temporary housing.
3. Church representatives will contact and work with family members still in the riverbed area to relocate them to the trailers recently provided by the City.
4. On July 15th, those who express an interest in being assigned a room at the Monarch Inn will be provided agreements with conditions, and moving assistance would be coordinated with the social service organizations.
CITY COUNCIL
CONSIDERATION OF INTERIM RIVERBED HOMELESS STRATEGY
JUNE 13, 2022
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5. Once all individuals are provided an opportunity to move to the Monarch Inn, law enforcement from the Monterey County Sheriff’s Department and King City Police Department will begin enforcement of trespassing violations. Monterey County staff will also coordinate with the property owners on cleanup activities.
6. Any remaining rooms will be assigned to other homeless individuals in the community who are likely eligible for the permanent supportive housing project.
7. Monterey County Sheriff’s Department and King City Police Department will then continue to coordinate ongoing enforcement efforts.
8. Step Up on Second Street, Inc. staff will work with individuals residing at the Monarch Inn and other homeless individuals in the community to coordinate paperwork and eligibility requirements to prepare them for admission to the permanent supportive housing project. One of the 16 rooms will be dedicated as an office for the individual assigned.
Staff believes this Interim Strategy will provide the best option available to address existing issues, prevent an increase in trespassing activity, and lead to long-term solutions to the issues identified. However, it is also important to note that it will not include the same level of oversight and support services that will be provided at the future permanent supportive housing project. Therefore, some occurrence of problems is anticipated, and it should not be misinterpreted as an indication of the how the permanent supportive housing project will be operated.
In addition, there are risks of damage and liability above the deposit amount that the City will need to accept in order to proceed with this strategy.
COST ANALYSIS:
The total cost estimate for the program is as follows:
Lease of Monarch Inn Rooms $135,000
Deposit for Potential Damages $15,000
Cleaning Services $15,000
Supplies $5,000
Staffing Costs $20,000
Total $190,000
Exhibit 1