AGENDA
REGULAR MEETING OF THE
CITY OF KING CITY COUNCIL
AND
Sitting as SUCCESSOR AGENCY OF
THE RDA FOR THE CITY OF KING
TUESDAY AUGUST 8, 2023
6:00 P.M.
CITY HALL
212 S. VANDERHURST AVENUE
KING CITY, CALIFORNIA 93930
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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
A. Swearing in of Officer Javier Lopez Zavala by Chief James Hunt
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 Any Council Member, the City Manager, or the City Attorney may request that an item be withdrawn from the Consent Agenda to allow for full discussion.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 Items withdrawn from the Consent Agenda may be considered by separate motions at the conclusion of the discussion of each item.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 July 11, 2023, Council Meeting Recommendation: approve and file.
B. Consideration: City of King Check Register July 1, through July 15, 2023 Recommendation: receive and file.
C. Consideration: City of King KCCP Payments for the Month of June 2023 Recommendation: receive and file.
D. Consideration: An Amendment to Chapter 7.25 Noise Control Standards Recommendation: waive the second reading by title only and adopt an Ordinance amending Chapter 7.25 of the King City Municipal Code pertaining to noise.
E. Consideration: Agreement for City Facility Cleaning Services Recommendation: 1) approve and authorize the City Manager to execute a Contract Services Agreement with Magic Cleaning Services for ongoing cleaning of City facilities; 2) approve elimination of one part-time Maintenance Aid position; and 3) allocate an additional $16,000 from the General Fund unappropriated balance for FY 2023-24.
F. Consideration: Appointment to the Planning Commission Recommendation: adopt a Resolution appointing Teri Storelli to the Planning Commission.
G. Consideration: Amendment to Council Policy Regarding Support an Opposition to Legislation and Grant Applications
Recommendation: adopt a Resolution amending the criteria under which the Mayor and City Manager are designated authority to send letters of support or opposition to legislation and grant applications.
H. Consideration: Notice of Completion – 2022 King City Sidewalk Improvements Project
Recommendation: 1) adopt Resolution No. 2023-4951 accepting completion of the 2022 King City Sidewalk Improvements Project; and 2) authorize City Manager to execute and file a Notice of Completion with the Monterey County Recorder’s Office.
I. Consideration: FY 2021-22 AB1600 Impact Fee Report
Recommendation: adopt a Resolution receiving and accepting the FY 2021- 22 AB 1600 Impact Fee Report.
J. Consideration: Deferral of Enforcement of Downtown Business Temporary Sign Regulations in the Public Right-of-Way by Downtown Businesses Recommendation: adopt a Resolution deferring enforcement of prohibitions on displaying temporary signage and other promotional items on the business frontage and in the public right-of-way for businesses located on Broadway Street from Russ Street to First Street through December 31, 2023.
K. Consideration: Award of Bid for the 2023 King City Slurry Project Including Adopting Finding of A Categorical Exemption, Pursuant to Section 15301 of the CEQA Guidelines
Recommendation: 1) award the base bid for the 2023 King City Slurry Project as purposed by low bidder, Pavement Coatings Inc., in the proposed amount of $550,000; 2) authorize the City Manager to approve change orders up to 10 percent; and 3) adopt a finding of Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines.
10. PUBLIC HEARINGS
A. Consideration: Closeout of City of King 20-CDBG-12002 and 17-CDBG-12024 Community Development Block Grant Agreements with the State of California Recommendation: 1) review the past use of funds and program performance for the City of King Community Development Block Grant (CDBG) contracts 20-CDBG-12002 – Sidewalk Infrastructure Improvement Project and 17- CDBG-12024 – Youth Services Public Service Program; 2) open the public hearing, receive public input regarding the outcome and accomplishments of the funding received under the contract, and close the public hearing; and 3) and direct staff to submit the required close out documents per the program requirements.
11. REGULAR BUSINESS
None
12. CITY COUNCIL CLOSED SESSION
Announcement(s) of any reportable action(s) taken in Closed Session will be made in open session and repeated at the beginning of the next Regular City Council meeting as this portion of the meeting is not recorded.
A. Conference with Legal Counsel – Liability Claims (Pursuant to Government Code Section 54956.95) Consideration of Claim No. 2023- 008 claim destroyed tire and tow to Salinas for tire replacement after hitting curb.
B. Conference with Legal Counsel – Liability Claims (Pursuant to Government Code Section 54956.95) Consideration of Claim No. 2023- 009 claim pool manager phone damaged after being pushed into the pool by a patron.
C. Conference with Legal Counsel – Liability Claims (Pursuant to Government Code Section 54956.95) Consideration of Claim No. 2023- 010 relating to Cari McCormick Notice of Class Action CRD Complaint.
D. Conference With Legal Counsel— Pending Litigation
Pending Litigation Pursuant to Government Code Section 54956.9(d): (One case) Working Families of Monterey County and Efrain Aguilera v. The King City Planning Commission and King City City Council
13. ADJOURNMENT
The City of King is an equal opportunity provider and employer.
City Council Meeting
July 11, 2023
1.__CALL TO ORDER:
Regular Meeting called to order at 6:00pm by Mayor LeBarre.
2.__ROLL CALL:
City Council: Mayor Mike LeBarre Council member, Mayor Pro Tem Carlos Victoria, Oscar Avalos, Rob Cullen, Carlos DeLeon.
City Staff: Public Works Director/City Engineer Roy Santos; City Attorney Roy Santos; City Clerk, Erica Sonne.
3.__FLAG SALUTE:
The flag salute was led by Mayor LeBarre.
4. CLOSED SESSION ANNOUNCEMENTS:
None
5.__SPECIAL PRESENTATIONS:
None
6. PUBLIC COMMUNICATIONS:
Griselda Torres spoke on Line 34 Bus Stop. She will be meeting with the Mayor and Public Works Director/City Engineer next week.
7. COUNCIL COMMUNICATIONS:
Council Member Cullen stated that the Highlights from the Solid Waste Authority meeting are in the packet. He had a community member speak to him about a business building being painted black in the downtown area. He and Mayor LeBarre would like to have this item on a future meeting.
Council Member DeLeon stated he had nothing to report tonight.
Council Member Avalos announced that District 1 Block Party will be on Thursday July 13th with a jump house, food, fire truck and more 5:30-7:30p.m.
Mayor Pro Tem Victoria stated that District 4 Block Party will be August 24th everyone is invited. He attended Council member DeLeon’s block party which was good and plans on attending Council member Avalos’ block party.
Mayor LeBarre stated he attended Speaker Rivas swearing in and it was well attended. He explained that sometimes he receives requests for Letter of Support from our representatives and the turnaround time to have them sent back doesn’t allow for time to bring it to council. He would like to have an amendment to legislative authority on an upcoming agenda. The council is in consensus.
8. CITY STAFF REPORTS AND COMMENTS:
Public Works Director/City Engineer Octavio Hurtado stated nothing to report tonight. 9(A)
City Attorney Roy Santos requested an amendment to the agenda as Items 9(D) was noticed as a Public Hearing but was placed on consent by mistake.
Mayor LeBarre asked for a motion to move the Vehicle Miles Traveled to the Public Hearing section as it was advertised as a public hearing and put in the wrong section of the agenda. On a motion by Cullen and a second by Victoria the Vehicle Miles Traveled item was moved to the Public Hearing section of the agenda as 10(A) and 10(A) would become 10(B). Motion carried 5-0.
9. CONSENT
A. Consideration: Meeting Minutes of June 27, 2023, Council Meeting B. Consideration: City of King Check Register June 16, through June 30, 2023 C. Consideration: Successor Agency Check Register June 16, through June 30, 2023 D. This item was moved to the Public Hearing section to be heard.
E. Consideration: Blue Zones Project Community Activities Action: Motion to approve consent agenda items A—E with D being moved to public hearing section by DeLeon seconded by Avalos.
AYES: Council Members: LeBarre, Avalos, Cullen, DeLeon, Victoria NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
10. PUBLIC HEARING:
B. Consideration: Resolution Designating the Use of Vehicle Miles Traveled as the Metric for Conducting Transportation Analyses Pursuant to the California Environmental Quality Act (CEQA) and Establishing the Thresholds of Significance to Comply with California Senate Bill 743 Mayor LeBarre read the title of the resolution into the record.
Community Development Director Liberto introduced this item.
Michael Schmidt with Kimley-Horn further introduced this item with a PowerPoint presentation.
Mayor LeBarre opened the public hearing. Hearing and seeing no one come forward Mayor LeBarre closed the public hearing.
Karen Jernigan encouraged the Council and staff to keep things simple as possible as this seems confusing.
Action: Motion to adopt Resolution No. 2023-4956, designating the use of vehicle miles traveled as the metric for conducting transportation analyses pursuant to the California Environmental Quality Act and establishing the thresholds of significance to comply with California Senate Bill 743 by Cullen seconded by Victoria.
AYES: Council Members: LeBarre, Avalos, Cullen, DeLeon, Victoria NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
A. Consideration: An Amendment to Chapter 7.25 Noise Control Standards Recommendation: introduce an Ordinance amending Chapter 7.25 of the King City Municipal Code pertaining to prohibited noise making conduct to be read by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.
Mayor LeBarre read the title of the ordinance into the record.
City Attorney Roy Santos introduced this item.
Mayor LeBarre opened the public hearing. Hearing and seeing no one come forward Mayor LeBarre closed the public hearing.
Action: Motion to waive first reading of the Ordinance and approve the introduction of the Ordinance. by Avalos seconded by DeLeon.
AYES: Council Members: LeBarre, Avalos, Cullen, DeLeon, Victoria NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
11. REGULAR BUSINESS
None
12. CITY COUNCIL CLOSED SESSION
None
ADJOURNMENT:
Mayor LeBarre adjourned the meeting at 6:34p.m. on a motion by Cullen and seconded by Victoria.
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: AUGUST 8, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER JULY 1 THROUGH JULY 15, 2023
RECOMMENDATION:
It is recommended City Council receive and file.
BACKGROUND:
At least once a month, the City Treasurer shall submit to the City Council, a copy of the invoices paid for the previous month.
DISCUSSION:
The purpose of this item is to provide the Council an opportunity to review and monitor ongoing expenditures. These documents are attached.
COST ANALYSIS:
There is no fiscal impact as a result of this action.
ENVIRONMENTAL REVIEW:
No Environmental Review required for this item.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
1. Receive and file the report; or
2. Provide other direction to staff regarding requests for additional information.
Item No. 9(C)
REPORT TO THE CITY COUNCIL
DATE: AUGUST 8, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING KCCP PAYMENTS FOR
THE MONTH OF JUNE 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.
01222.0001/909928.1
Item No. 9(D)
REPORT TO THE CITY COUNCIL
DATE: AUGUST 8, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROY C. SANTOS, CITY ATTORNEY
RE: CONSIDERATION OF AN AMENDMENT TO CHAPTER 7.25
NOISE CONTROL STANDARDS
RECOMMENDATION:
It is recommended the City Council waive the second reading by title only and adopt an Ordinance amending Chapter 7.25 of the King City Municipal Code pertaining to noise.
BACKGROUND:
Previously the City utilized King City Municipal Code Chapters 7.24 (Sound Amplifying Equipment) and 7.25 (Prohibited Noise Making Conduct) as the primary methods to address noise incidents which were established in 2009.
The primary restriction has been that no amplified noise is allowed after 10:00 p.m. During the hours of 9:00 a.m. to 10:00 p.m., noise could not be created at an excessive level. However, the subjective nature of this restriction made it difficult to enforce without claims that the Police Department were treating individuals unfairly. As a result, the City Council directed staff to prepare changes to the Ordinance.
The City Council approved repeal of Chapters 7.24 and 7.25 and adopted a new Ordinance, Chapter 7.25 Noise Control Standards, in July 2022. The new Ordinance established a specific limit on volume of noise during daytime hours measured in decibels. The Police Department acquired decibel readers in order to enforce the restrictions. The City has received some complaints regarding the level of noise allowed prior to 10:00 p.m., but complaints have been reduced when compared to the prior regulations.
The Police Department continues to maintain a balance between education and enforcement when addressing noise incidents while at the same time ensuring the concerns and complaints of the community are met in a fair and equitable manner. The City Council recently adopted a Memorandum of Understanding
CITY COUNCIL
CONSIDERATION OF AN AMENDMENT TO CHAPTER 7.25 NOISE
CONTROL STANDARDS
AUGUST 8, 2023
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01222.0001/909928.1
(MOU) with the County of Monterey and Salinas Valley Fair regarding enforcement authority and application of local regulations on activities at the Salinas Valley Fairgrounds. During discussion of the MOU, concerns were raised by the City Council regarding the application and enforcement of Chapter
7.25 as it relates to the Salinas Valley Fair and the Fairgrounds.
As a result, City Council directed staff to prepare an amendment to the Ordinance which was drafted by staff and presented to City Council at the July 11th Council meeting. The City Council voted to introduce the Ordinance at that time. It is now being presented for adoption.
DISCUSSION:
Concerns primarily involved confusion regarding language referring to the application of noise restrictions only in residential zones. City Council’s desire was to eliminate any ambiguity in the Ordinance that could cause disagreements due to its interpretation. As a result, the City Attorney’s Office has prepared an amendment to Chapter 7.25 which it believes will address the City Council’s concerns and ensure the regulations enacted within Chapter 7.25 apply to all properties within the city limits, including the Salinas Valley Fair and fairgrounds.
The proposed amendments will change the exterior and interior noise standards set in Section 7.25.050 and 7.25.060 as follows:
Section 7.25.050 Exterior noise standards.
A. It is unlawful except as otherwise specified in this chapter for any person at any location within the City to create any noise which causes the noise levels on an affected property, when measured in the designated noise area, to exceed the
specified exterior noise standards.
B. The following exterior noise standards, unless otherwise specifically indicated in this Chapter, shall apply to all properties within the city limits of the City of King.
a. 9:00 am to 10:00 pm
i. Maximum Level, 80 dB
b. 10:00 pm to 9:00 am
i. It is unlawful for any person to use or operate or
permit the use or operation of any sound
amplifying equipment outdoors or indoors when
used or operated to reach persons outdoors
Section 7.25.060 Interior noise standards.
A. In an apartment, condominium, town house, duplex or multiple dwelling unit it shall be unlawful for any person to create any noise from inside his unit that causes the noise level when
CITY COUNCIL
CONSIDERATION OF AN AMENDMENT TO CHAPTER 7.25 NOISE
CONTROL STANDARDS
AUGUST 8, 2023
PAGE 3 OF 4
01222.0001/909928.1
measured in a neighboring unit to exceed the specified exterior noise standards.
B. The following interior noise standards, unless otherwise specifically indicated in this Chapter, shall apply to all properties within the city limits of the City of King.
a. 9:00 am to 10:00 pm
i. Maximum Level, 55 dB
b. 10:00 pm to 9:00 am
It is unlawful for any person to use or operate or permit the use or operation of any sound amplifying equipment indoors when used or operated to reach persons outdoors.
During the consideration of the MOU, the Salinas Valley Fair indicated that they supported complying with the City’s noise restrictions. The MOU includes provisions that require this. If the noise restrictions result in impacts on events at the Fairgrounds in the future that cause problems, staff may return to Council in the future with additional recommended changes.
COST ANALYSIS:
No additional costs will be incurred as a result of this amendment.
ENVIRONMENTAL REVIEW:
This matter is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as it does not have the potential for resulting in either a direct physical change to the environment, or a reasonably foreseeable indirect physical change in the environment. No further action is required under CEQA for City Council action.
ALTERNATIVES:
The following alternatives have been identified for City Council consideration:
1. Modify the ordinance to establish a different areas of application for the regulations enacted by Chapter 7.25;
2. Direct staff to draft an alternative decibel level criteria for the Salinas Valley Fair and fairgrounds;
3. Do not waive the second reading of the ordinance amendment and direct staff not to make changes to the existing ordinance; or
4. Provide staff other direction.
01222.0001/903428.1
ORDINANCE NO. 2023-817
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KING AMENDING CHAPTER 7.25 NOISE CONTROL STANDARDS, OF TITLE 7 OF THE KING CITY
MUNICIPAL CODE PERTAINING TO PROHIBITED NOISE MAKING CONDUCT WHEREAS, the City of King (“the City”) has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City, California Constitution Article XI, section 7; and
WHEREAS, pursuant to the City’s express statutory authority and its police power, the City desires to enact reasonable regulations on noise levels within the city limits; and WHEREAS, the City has a compelling interest in protecting the public health, safety, and welfare of its citizens, residents, visitors and businesses, and in preserving the peace and quiet of the neighborhoods within the City by regulating noise levels within the city limits; and WHEREAS, this Ordinance is intended to regulate noise levels within the city limits to ensure the health, safety and welfare of both businesses and city residents; and WHEREAS, nothing in this Ordinance shall be construed to: (1) allow any person to engage in conduct that endangers others or causes a public nuisance; or (2) allow any activity relating to noise levels within the city limits which are illegal under state or federal law; and NOW THEREFORE, the City Council of the City of King does hereby ordain as follows:
SECTION 1. The above recitals are incorporated are hereby by reference.
SECTION 2. The Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment. (CEQA Guidelines § 15061(b)(3).) Further, the adoption and implementation of this Ordinance is not a project, as defined in CEQA Guidelines section 15378, because it has no potential for resulting in physical change to the environment, either directly or indirectly, and is therefore not subject to environmental review under CEQA pursuant to CEQA Guidelines section 15060(c)(3).
SECTION 3. Chapter 7.25, of Title 7, of the King City Municipal Code is hereby amended to read as follows:
Chapter 7.25
NOISE CONTROL STANDARDS
Section 7.25.050 Exterior noise standards.
A. It is unlawful except as otherwise specified in this chapter for any person at any location within the City to create any noise which causes the noise levels on an affected property, when measured in the designated noise area, to exceed the specified exterior noise standards.
B. The following exterior noise standards, unless otherwise specifically indicated in this Chapter, shall apply to all properties within the city limits of the City of King.
01222.0001/903428.1
a. 9:00 am to 10:00 pm
i. Maximum Level, 80 dB
b. 10:00 pm to 9:00 am
i. It is unlawful for any person to use or operate or permit the use or operation of any sound amplifying equipment outdoors or indoors when used or operated to reach persons outdoors Section 7.25.060 Interior noise standards.
A. In an apartment, condominium, town house, duplex or multiple dwelling unit it shall be unlawful for any person to create any noise from inside his unit that causes the noise level when measured in a neighboring unit to exceed the specified exterior noise standards.
B. The following interior noise standards, unless otherwise specifically indicated in this Chapter, shall apply to all properties within the city limits of the City of King.
a. 9:00 am to 10:00 pm
i. Maximum Level, 55 dB
b. 10:00 pm to 9:00 am
i. It is unlawful for any person to use or operate or permit the use or operation of any sound amplifying equipment indoors when used or operated to reach persons outdoors.
SECTION 4: EFFECTIVE DATE.
This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation.
I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the __11th___ day of ____July___ 2023, and adopted the Ordinance after the second reading at a regular meeting held on the _8th___ day of ___August___ 2023, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
ERICA SONNE, City Clerk
01222.0001/903428.1
CITY OF KING
By:
MIKE LEBARRE, Mayor
APPROVED AS TO FORM:
By:
ROY C. SANTOS, City Attorney
Aleshire & Wynder, LLP
I, ______________________________, City Clerk of the City of King, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of King on the date and by the vote indicated herein.
Item No. 9 (E)
REPORT TO THE CITY COUNCIL
DATE: AUGUST 8, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF AGREEMENT FOR CITY FACILITY
CLEANING SERVICES
RECOMMENDATION:
It is recommended the City Council: 1) approve and authorize the City Manager to execute a Contract Services Agreement with Magic Cleaning Services for ongoing cleaning of City facilities; 2) approve elimination of one part-time Maintenance Aid position; and 3) allocate an additional $16,000 from the General Fund unappropriated balance for FY 2023-24.
BACKGROUND:
During the pandemic, the City issued a request for bids for janitorial services to expand cleaning of City facilities to reduce the potential spread of COVID-19.
The contract was awarded to Magic Cleaning Services. The increased services were paid from Federal COVID-19 funds. Those funds are no longer available.
In the FY 2023-24/FY 2024-25 Biennial Budget, it was determined to be more cost effective to provide janitorial services with in-house staff except for cleaning of park restrooms on weekends.
The service was planned to be provided primarily by a part-time Maintenance Aid and a new full-time Maintenance Worker position approved in the budget. A new contract was executed with Magic Cleaning Services which was limited to cleaning park restrooms on weekend days to avoid the need for in-house staff to work overtime each weekend. The City has also entered into a short-term contract with Magic Cleaning Services to provide weekly cleaning of the rooms at the Monarch Inn for the interim homeless shelter program, which was authorized by the City Council at the July 11th meeting.
The Maintenance Aid position is now vacant, and the City has experienced some difficulty in filing it. Magic Cleaning Services also provided a new proposal,
CITY COUNCIL
CONSIDERATION OF AGREEMENT FOR CITY FACILITY CLEANING
SERVICES
AUGUST 8, 2023
PAGE 2 OF 3
which is much more cost effective than the prior contract. As a result, staff now recommends eliminating the part-time Maintenance Aid position and enter into a new contract with Magic Cleaning Services.
DISCUSSION:
The City has experienced some issues in providing in-house janitorial services.
Due to vacant positions, it requires pulling staff from other maintenance responsibilities. Most of the staff are trained primarily in park and street maintenance, so assigning them janitorial responsibilities also impacts morale and productivity. Given the current workload, staff has determined it would serve a priority need if the new Maintenance Worker could be dedicated entirely to other maintenance responsibilities.
With the new proposal received by Magic Cleaning Services, it was determined that the majority of the cost could be covered by the savings from eliminating the part-time Maintenance Aid position. As a result, for a small additional cost, it will enable the Public Works Department to increase overall parks and infrastructure maintenance and at the same time increase the reliability of facility cleaning.
A temporary 2-month contract within the City Manager’s contracting authority was executed on July 13
th to make this change, which will expire on August 30th .
Therefore, it is recommended the City Council approve a similar contract effective September 1st to continue the contract cleaning services for the remainder of the fiscal year. The service contract will be reevaluated for FY 2024-25. A copy of the proposed agreement is attached as Exhibit 1.
COST ANALYSIS:
It is recommended that 10% of the contract cost be charged to the Sewer Fund.
This results in an increased cost to the General Fund of $16,000. Below is a summary of the projected changes in expenses and funding.
Expenses:
Annual Cost of Agreement $65,000
Funding:
Savings from Elimination of Maintenance Aid Position $21,500 Savings from Replacement of Weekend Cleaning Contract $21,000 Charge 10% of Service to Sewer Fund $6,500
Total Funding $49,000
Net Impact to the General Fund: $16,000
Item No. 9 (F)
REPORT TO THE CITY COUNCIL
DATE: AUGUST 8, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF APPOINTMENT TO THE PLANNING
COMMISSION
RECOMMENDATION:
It is recommended the City Council adopt a Resolution appointing Teri Storelli to the Planning Commission.
BACKGROUND:
According to the Municipal Code, the Mayor, City Manager and Commission or Committee Chair shall recommend appointments. All appointments shall then be made by the City Council by resolution.
DISCUSSION:
There is currently a vacancy on the Planning Commission due to the appointment of Oscar Avalos to the City Council, which was duly advertised. An application was received from Teri Storelli, which is attached. The Mayor, City Manager and Chair reviewed the applications received, interviewed the applicants, and recommended her appointment. Ms. Storelli meets the requirements of the Planning Commission membership. The term of Ms.
Storelli’s appointment would expire in March 2025.
COST ANALYSIS:
There is no cost impact from the recommended action.
ENVIRONMENTAL REVIEW:
This matter is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as it does not have the potential for resulting in either a direct
RESOLUTION NO. 2023-4959
A RESOLUTION OF CITY COUNCIL OF CITY OF KING, CALIFORNIA
APPOINTING TERI STORELLI TO THE PLANNING COMMISSION
WHEREAS, consistent with the State Law, City of King Municipal Code and City Charter, City Council has the authority to appoint Planning Commission Members for the City of King; and WHEREAS, there is currently a vacancy on the Planning Commission; and WHEREAS, the vacancy was duly publicized to the community; and WHEREAS, an application was received from Teri Storelli, which was reviewed per the process set forth in the King City Municipal Code for appointment of Commission vacancies; and WHEREAS, appointment of Teri Storelli was recommended by the Mayor, City Manager and Commission Chair as set forth in the King City Municipal Code.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of King, California that Teri Storelli is hereby appointed to the City of King Planning Commission.
PASSED AND ADOPTED at a regular meeting of the City Council on the 8 th day of
August, 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
Item No. 9 (G)
REPORT TO THE CITY COUNCIL
DATE: AUGUST 8, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF AMENDMENT TO COUNCIL POLICY
REGARDING SUPPORT AND OPPOSITION TO LEGISLATION
AND GRANT APPLICATIONS
RECOMMENDATION:
It is recommended the City Council adopt a Resolution amending the criteria under which the Mayor and City Manager are designated authority to send letters of support or opposition to legislation and grant applications.
BACKGROUND:
The City receives frequent requests to send letters of support or opposition to State and Federal legislation. In addition, organizations often request letters of support for grant applications. It would be labor intensive to prepare reports for the City Council to formally act on every request. In addition, many of the cases involve items with deadlines or a time sensitive nature.
At the February 28, 2017 meeting, the City Council adopted a Resolution authorizing the Mayor and City Manager discretion to respond to such requests under specified criteria. At the July 11, 2023 meeting, the Mayor requested, and City Council concurred, to consider modifying the policy to provide authority to respond to requests received by local legislators.
DISCUSSION:
Under the current policy, the Mayor and City Manager are authorized to submit letters of support and opposition regarding legislation and related legislative or regulatory activities under the following circumstances:
CITY COUNCIL
CONSIDERATION OF AMENDMENT TO COUNCIL POLICY REGARDING
SUPPORT AND OPPOSITION TO LEGISLATION AND GRANT
APPLICATIONS
AUGUST 8, 2023
PAGE 2 OF 3
• Requests for positions from the League of California Cities that they have endorsed;
• Items that involve issues or programs consistent with positions, actions or efforts the City Council has previously approved; and
• Other items important to the interests of the City that involve deadlines which prevent the item from being presented to the City Council for consideration at their next meeting.
The Mayor and City Manager are also authorized to send letters of support for grant applications by outside organizations that will fund projects and programs that can be shown to benefit King City and do not legally bind the City to any funding commitment.
The City has formed strong partnerships with local State and Federal legislators who frequently request the City to support their legislative efforts. Due to the partnerships that have been formed, these requests have increased over the past year. They typically involve short response times when moving through the legislative committee approval process. The Mayor and staff try to be as supportive as possible, particularly since these legislators have been instrumental in helping to allocate State funding for a number of important City programs and projects. However, the short timeframes often make it difficult.
As a result, the Mayor requested the policy be expanded. A Resolution is attached for City Council consideration that would amend the policy to include items that involve requests from the City’s State and Federal legislators on proposed bills they have sponsored or support if determined by the Mayor and/or City Manager that the legislation will benefit King City. Adoption is respectfully recommended.
COST ANALYSIS:
The proposed policy will reduce staff time and increase effectiveness by reducing the number of items that would require preparing staff reports for City Council.
ALTERNATIVES:
The following alternatives are provided for City Council consideration:
1. Adopt the Resolution;
2. Modify the criteria in the Resolution and then adopt;
RESOLUTION NO. 2023-4961
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING
GRANTING AUTHORIZATION INVOLVING POSITIONS ON LEGISLATION
AND SUPPORT FOR GRANT APPLICATIONS
WHEREAS, the City is frequently requested to take positions on legislation affecting local control and the interests of the City; and
WHEREAS, the City is often requested to provide letters of support for grant applications from outside organizations that will benefit the City through projects, programs and increased services, and
WHEREAS, it is labor intensive and difficult for the City Council to formally act on every request; and
WHEREAS, there is often a time sensitive nature of such requests in order to influence decisions; and
WHEREAS, it is important for the City to be responsive to such requests in order to have maximum influence over decisions that impact the community; and WHEREAS, the City Council adopted a policy on February 28, 2017 providing the Mayor and City Manager authority to submit positions on behalf of the City and City Council for specified categories of matters; and
WHEREAS, the City has formed strong partnerships with local State and Federal legislators who frequently request the City to support their legislative efforts, which have frequently involved short response times when moving through the legislative committee approval process; and
WHEREAS, the City desires to amend the legislative position process to better support the City’s local legislators.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the Mayor and City Manager shall be authorized to submit letters of support and opposition regarding legislation and related legislative or regulatory activities in the following circumstances:
1. In response to requests for positions from the League of California Cities that they have endorsed;
2. On items that involve issues or programs consistent with positions, actions or efforts the City Council has previously approved;
3. On items that involve requests from the City’s State and Federal legislators on proposed bills they have sponsored or support if determined by the Mayor and/or City Manager that the legislation will benefit King City;
4. On other items important to the interests of the City that involve deadlines which prevent the item from being presented to the City Council for consideration at their next meeting.
BE IT FURTHER RESOLVED that the Mayor and City Manager shall be authorized to send letters of support for grant applications by outside organizations that will fund CC Resolution No. 2023-4959
01222.0001/325812.1
projects and programs that can be shown to benefit King City and do not legally bind the City to any funding commitment.
This resolution was passed and adopted this 8
th day of August, 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 (H)
REPORT TO THE CITY COUNCIL
DATE: AUGUST 8, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, PUBLIC WORKS DIRECTOR / CITY
ENGINEER
RE: CONSIDERATION OF NOTICE OF COMPLETION - 2020 KING
CITY SIDEWALK PROJECT
RECOMMENDATION:
It is recommended City Council: 1) approve Resolution No. 2023-4957 accepting completion of the 2020 King City Sidewalk Project; and 2) authorize City Manager to execute and file a Notice of Completion with the Monterey County Recorder’s Office.
BACKGROUND:
Improvement Plans and Specifications were put out to bid for the 2020 King City Sidewalk Project. The project implemented the City’s Citywide Sidewalk Improvement Plan. At the April 13, 2021 meeting, the City Council awarded a contract to CalPortland Construction.
The project corrected ADA deficiencies and sidewalk gaps for uninterrupted travel to schools for students and shopping for seniors in the area of the City designated as a disadvantaged community. It also encompassed the older neighborhoods established prior to current ADA standards.
The project provided pedestrian pathway deficiency improvements as follows:
• Install missing curb ramps
• Replacement of non-compliant curb ramps
• Installation of missing sidewalk segments
• Replacement of non-compliant sidewalks and driveways
CITY COUNCIL
CONSIDERATION OF NOTICE OF COMPLETION – 2020 KING CITY
SIDEWALK PROJECT
AUGUST 8, 2023
PAGE 2 OF 3
DISCUSSION:
The project was successfully completed by CalPortland in 375 working days including weather days and project suspension days during the Salinas Valley Fair. All work has now been completed and inspected by the City Engineer to confirm it was performed per the specifications.
The overall project replaced over 147,000 square feet of out of compliance sidewalk, driveways and curb ramps and installed over 12,000 square feet of new sidewalk throughout the community. The City will now budget a portion of funds from the General Fund each year to make other sidewalk improvements not addressed through this project on a gradual basis.
COST ANALYSIS:
The City of King received a Community Development Block Grant (CDBG) in the amount of $3,500,000.00 to be used for public facilities and improvements and general administration. This includes funding for general administration, activity delivery, project management and inspections. A summary of the project revenues and expenses is as follows:
CDBG Grant Amount $3,500,000.00
Construction Cost $3,178,024.02
Construction Management $248,683.93
CDBG Administration $81,435.00
Total Expenditures to Date on Project $3,508,142.95
ENVIRONMENTAL REVIEW:
Environmental review was completed at the time the project was approved. No additional environmental review is required at this time.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
1. Approve Resolution No. 2023-4951, a resolution of the City Council of the City of King City accepting completion of the 2020 King City Sidewalk Project; and authorize City Manager to execute and file a Notice of Completion with the Monterey County Recorder’s Office;
2. If Council is aware of any problems with the work, provide direction to staff to address the deficiencies;
RESOLUTION NO. 2023-4957
ACCEPTANCE OF COMPLETION OF
2020 KING CITY SIDEWALK PROJECT
RESOLVED, by the City Council of the City of King, California, that WHEREAS, Project Engineer of said City has filed with the City Manager of the City of King a recommendation of acceptance as to the completion of all the work provided to be done under and pursuant to contract between said City and CalPortland Construction Company, dated July 19, 2021; and
WHEREAS, it appears to the satisfaction of the City Council that said work under said contract has been fully completed and done as provided in said contract plans and specifications therein referred to.
NOW, THEREFORE, IT IS ORDERED AS FOLLOWS:
1. That acceptance of completion of said work be, and is hereby, made and ordered.
2. That the City Manager is directed to execute and file with the recorder of the County of Monterey, notice of acceptance of completion thereof, as required by law.
PASSED AND ADOPTED by the City Council of the City of King at a regular meeting duly held on the 8th day of August, 2023, by the following vote:
AYES, and in favor thereof, Councilmembers:
NAYS, Councilmembers:
ABSENT, Councilmembers:
ABSTAINING, Councilmembers:
Mike LeBarre, Mayor
ATTEST:
Erica Sonne, City Clerk
APPROVED AS TO FORM:
Roy Santos, City Attorney
Exhibit 1
WHEN RECORDED MAIL TO:
City of King City
Department of Public Works
212 S Vanderhurst Avenue
King City, CA 93930
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
That the public work described as 2020 King Sidewalk Project was constructed pursuant to a contract between the City of King City, 212 S Vanderhurst Avenue King City, CA 93930 and CalPortland Construction, 1625 E. Donovan Road, Santa Maria, CA 93454. The date of completion of said work was August 8, 2023, which was the date said public entity accepted said work to the satisfaction of the City Engineer. The City of King City hereby accepts the project as completed in accordance with the plans and specifications.
CITY OF KING CITY
__________________________________
STEVEN ADAMS
CITY MANAGER
August 8, 2023
DATE
VERIFICATION
I Steven Adams do hereby certify that I am the City Manager of the public entity named above; that I am authorized to verify the foregoing notice; that I have read same; and that it is true of my knowledge.
I certify under penalty of perjury that the forgoing is true and correct.
Subscribed at City of King, California, this 8
th day of August, 2023
__________________________________
STEVEN ADAMS
CITY MANAGER
Exhibit 2
STATE OF CALIFORNIA) SS
COUNTY OF MONTEREY)
Steven Adams, being first duly sworn, deposes and says:
That he is an officer of the City of King, a municipal corporation; to wit: the City Manager; that he has read the above and foregoing Notice of Completion, and that the same is true of his own knowledge except as to matters which are therein stated on his information or belief, and as to those maters that he believes them to be true.
Subscribed and sworn before me this _______ day of ____________, 2023. ____________________________________
Notary Public
State of California
212 S. V A N D E R H U R S T A V E N U E ● K I N G C I T Y , C A 9 3 9 3 0 P H O N E : ( 8 3 1 ) 3 8 5 - 3 2 8 1 ● F AX : ( 8 3 1 ) 385 - 6 8 8 7 WWW . K I N G C I T Y . C O M
M E M O R A N D U M
Date: August 8, 2023
To: Steve Adams, City Manager
From: Octavio Hurtado, Public Works Director / City Engineer Re: 2020 King City Sidewalk Improvement Project
Contract No.: 20-CDBG-12002/CDFA #14.228
Retention Payment No. 019
Contractor: CalPortland Construction
P.O. Box 1280
Santa Maria, CA 93456
Funding Source:
CDBG, Fund 52-000-570.200
_____________________________________________________________________ We have reviewed the following submitted invoice:
CalPortland Construction Payment Request #19, Invoice No 95832066, dated 08/01/2023, and compared the items listed with the work in progress. The quantities shown in the invoice are in general conformance with the quantities of work performed and such materials, equipment or supplies were installed in furtherance of the construction of the project.
Original Approved Bid $2,665,810.00
Adjustment in contract quantities $349,978.70
CCO 1 $1,473.96
CCO 2 $1,047.97
CCO 3 DEWR #3-7 $3,615.61
CCO 3 DEWR #3-7 remaining balance $4,339.75
CCO 4 DEWR#8-12 $5,768.58
CCO 5 DEWR#13 $1,070.58
CCO 6 $86,460.00
CCO 7 $34,766.54
CCO 8 DEWR #14-18 $15,323.48
CCO 9 DEWR #20-22 $7,560.51
CCO 10 DEWR #23 $808.34
Approved $3,178,024.78
Work completed to date $3,178,024.02
Less 05% retention of $ (158,901.20)
Total approved Billing to Date $ 3,178,024.02
Less prior approved Progress Payments $(3,019,122.82)
We recommend retention payment in the amount of $ 158,901.20 The actual quantities of all items installed in the field appear to be in conformance with quantities of work performed. If there any questions or concerns, feel free to call.
OH:oh 202116
Exhibit 3
Item No.
REPORT TO THE CITY COUNCIL
DATE: AUGUST 8, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
BY: MIKE HOWARD, DIRECTOR OF FINANCE
RE: CONSIDERATION OF FY 2021-2022 AB 1600 IMPACT FEE
REPORT
RECOMMENDATION:
It is recommended City Council adopt a Resolution receiving and accepting the FY 2021-2022 AB 1600 Impact Fee Report.
BACKGROUND:
Government Code Sections 66000 et seq. (enacted by AB 1600) requires local agencies to provide an accounting of impact fees imposed on development projects. These fees are intended to mitigate certain cost impacts of development projects on existing City facilities and infrastructure.
The basic accounting and reporting responsibilities require the City to provide a detailed reporting of the use of development impact fees every five years. The City must comply with two basic requirements. First, the City must report findings on the amount collected for each fee, the use of the fees, and any unexpended fees at year-end. The second requirement provides that the City shall establish separate capital facility accounts for improvements funded by each development impact fee. The City is required to make available to the public specific information on each account.
DISCUSSION:
Attached is the Impact Fee Report for the past ten years ending in Fiscal Year 2021-2022. The attached report presents the information required per AB 1600 and is organized by fund. As the report indicates, the City has utilized these 9(I)
RESOLUTION NO. ________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING
RECEIVING AND ACCEPTING FY 2021-2022 AB 1600 IMPACT FEE REPORT WHEREAS, the City of King has established development impact fees to mitigate certain cost impacts of development projects on existing City facilities and infrastructure; and WHEREAS, said fees have been established based upon an approved engineering study to determine the proportional costs to mitigate the impacts of each project; and WHEREAS, Government Code Sections 66000 et seq. (enacted by AB 1600) requires local agencies to provide an accounting of impact fees imposed on development projects; and WHEREAS, the Impact Fee Report attached as Exhibit A sets forth an accounting history of the revenue received from each impact fee, along with uses of the funds and other data and information required by Government Code Sections 66000 et seq.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of King hereby receives and accepts the FY 2021-22 AB 1600 Impact Fee Report:
This resolution was passed and adopted this 8
th day of August, 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
Library Expansion Facilities Fees
Fiscal Year 2021-2022
Description of Fee:
This fee was established to generate resources necessary to offset the proportional impacts of new development on the City’s capital infrastructure. Specifically, capital infrastructure to the Library services. Fees are only charged to projected vested as of August 21, 2010.
Fee Amount:
Single Family Dwelling (per unit) -$500.61
Multiple Family Dwelling (per unit) -$533.76
Mobil Home Dwelling (per unit) -$494.90
Commercial Lodging (per unit) -
Commercial Lodging (per unit) -
Commercial (per square foot) -
Industrial (per square foot) -
Beginning and Ending Balances:
Please reference fund worksheet.
Amount of Fees collected and interest earned:
Please reference fund worksheet.
Amount of other revenue:
N/A
Public Improvement, amount of fee used and total percentage of project cost:
Construction is planned for a new library historical archive annex adjacent to the planned Downtown Plaza. Impact fee funds are projected to fund 25% of the project costs for the renovation.
Identification of an approximate date by which construction of the public improvement or acquisition will commence/occur:
The renovation is anticipated to be completed by the end of 2023.
Description of each interfund transfer of loan made from the account or fund:
None.
The amount of refunds made pursuant to subdivision € of Section 66001 and any allocation pursuant to subdivision (f) of Section 66001:
None.
Exhibit A
Park and Open Space Acquisition Fees
Fiscal Year 2021-2022
Description of Fee:
This fee was established to generate resources necessary to offset the proportional impacts of new development on the City’s capital infrastructure. Specifically, this includes the acquisition and development of new parks, the construction of recreational facilities for the City and improvements of existing undeveloped parklands Fee Amount:
Single Family Dwelling (per unit) $1,661.75
Multiple Family Dwelling (per unit) $1,801.25
Mobil Home Dwelling (per unit) $1,721.00
Commercial Lodging (per unit) -
Commercial Lodging (per unit) -
Seasonal Employee Housing (per bed) $225.16
Commercial (per square foot) -
Industrial (per square foot) -
Beginning and Ending Balances:
Please reference fund worksheet.
Amount of Fees collected and interest earned:
Please reference fund worksheet.
Amount of other revenue:
N/A
Public Improvement, amount of fee used and total percentage of project cost:
Park Impact funds were used to acquire land for development of a downtown park/plaza/open space facility, as well as for design costs. A combination of grant funds, development impact fee funds and General Fund revenues will be used for construction of the Downtown Plaza and Park. The Development Impact Fee funds are projected to fund 20% of the overall project costs.
Identification of an approximate date by which construction of the public improvement or acquisition will commence/occur:
Construction is anticipated to be complete in Spring 2024.
Description of each interfund transfer of loan made from the account or fund:
None.
The amount of refunds made pursuant to subdivision € of Section 66001 and any allocation pursuant to subdivision (f) of Section 66001:
None.
Law Enforcement Facilities Fees
Fiscal Year 2021-2022
Description of Fee:
This fee was established to generate resources necessary to offset the proportional impacts of new development on the City’s capital infrastructure. Specifically, this funds projects needed for the City’s Police Department, including expansion of the Police Station and acquisition or additional communication equipment and vehicles.
Fee Amount:
Single Family Dwelling (per unit) $847.64
Multiple Family Dwelling (per unit) $134.88
Mobil Home Dwelling (per unit) $ 85.08
Commercial Lodging (per unit) $193.50
Seasonal Employee Housing (per bed) $10.64
Commercial (per square foot) $0.373
Industrial (per square foot) $0.003
Storage Units (per square foot) $0.206
Beginning and Ending Balances:
Please reference fund worksheet.
Amount of Fees collected and interest earned:
Please reference fund worksheet.
Amount of other revenue:
N/A
Public Improvement, amount of fee used and total percentage of project cost:
No funds were expended during the reporting period. Funds are being used for remodel of the Police Station to expand office/meeting space and will fund approximately 50% of the project costs.
Identification of an approximate date by which construction of the public improvement or acquisition will commence/occur:
These funds will be mostly expended by the end of FY 2023-24.
Description of each interfund transfer of loan made from the account or fund:
None.
The amount of refunds made pursuant to subdivision € of Section 66001 and any allocation pursuant to subdivision (f) of Section 66001:
None.
General Government Facilities Fees
Fiscal Year 2021-2022
Description of Fee:
This fee was established to generate resources necessary to offset the proportional impacts of new development on the City’s capital infrastructure. Specifically, this program provides for the completion and expansion of various City facilities, (specialty) equipment and vehicles.
Fee Amount:
Single Family Dwelling (per unit) $582.50
Multiple Family Dwelling (per unit) $582.50
Mobil Home Dwelling (per unit) $582.50
Commercial Lodging (per unit) $161.50
Employee Seasonal Housing (per bed) $72.81
Commercial (per square foot) $0.204
Industrial (per square foot) $0.204
Storage Units (per square foot) $0.204
Beginning and Ending Balances:
Please reference fund worksheet.
Amount of Fees collected and interest earned:
Please reference fund worksheet.
Amount of other revenue:
N/A
Public Improvement, amount of fee used and total percentage of project cost:
Funds have been used for expansion of accessibility for City facilities and technology upgrades necessary due to growth in the community. It has funded an estimated 80% of these costs. Remaining revenues have been allocated to remodel of a portion of City Hall to increase office space to accommodate new staff positions.
Identification of an approximate date by which construction of the public improvement or acquisition will commence/occur:
The remodel project is anticipated to be complete by the end of FY 2023-24, which will deplete all existing funding.
Description of each interfund transfer of loan made from the account or fund:
None.
The amount of refunds made pursuant to subdivision € of Section 66001 and any allocation pursuant to subdivision (f) of Section 66001:
None.
Fire Protection Facilities Fees
Fiscal Year 2021-2022
Description of Fee:
This fee was established to generate resources necessary to offset the proportional impacts of new development on the City’s capital infrastructure. Specifically, this program includes facilities necessary to support the level of service provided by the City’s volunteer Fire Department Chief and volunteer firefighters.
Fee Amount:
Single Family Dwelling (per unit) $693.57
Multiple Family Dwelling (per unit) $533.80
Mobil Home Dwelling (per unit) $351.72
Commercial Lodging (per unit) $0.216
Seasonal Employee Housing (per bed) $66.73
Commercial (per square foot) $0.160
Industrial (per square foot) $0.010
Storage Units (per square foot) $0.010
Buildings 3-Story and Above (building) Fee plus $30,000 Beginning and Ending Balances:
Please reference fund worksheet.
Amount of Fees collected and interest earned:
Please reference fund worksheet.
Amount of other revenue:
N/A
Public Improvement, amount of fee used and total percentage of project cost:
No funds were expended during the reporting period. The fund balance will be expended on acquisition and upgrade of an engine with a ladder attachment and a fire rescue utility truck. The impact fee revenue will fund approximately 20% of the costs. The majority of costs for both vehicles will be funded through grants.
Identification of an approximate date by which construction of the public improvement or acquisition will commence/occur:
Acquisition of the engine is complete and the fire rescue utility truck is anticipated to arrive by the end of FY 2023-24.
Description of each interfund transfer of loan made from the account or fund:
None.
The amount of refunds made pursuant to subdivision € of Section 66001 and any allocation pursuant to subdivision (f) of Section 66001:
None.
Storm Drainage Facilities Fees
Fiscal Year 2021-2022
Description of Fee:
This fee was established to generate resources necessary to offset the proportional impacts of new development on the City’s capital infrastructure. Specifically, these projects include the construction of new storm drain lines, channels and other facilities for the purposes of storm drainage collection.
Fee Amount:
Single Family Dwelling (per unit) $1,321.50
Multiple Family Dwelling (per unit) $475.00
Mobil Home Dwelling (per unit) $526.00
Commercial Lodging (per unit) $240.50
Seasonal Employee Housing (per bed) $59.38
Commercial (per square foot) $0.452
Industrial (per square foot) $0.365
Storage Units (per square foot) $0.246
Beginning and Ending Balances:
Please reference fund worksheet.
Amount of Fees collected and interest earned:
Please reference fund worksheet.
Amount of other revenue:
N/A
Public Improvement, amount of fee used and total percentage of project cost:
Funds were used to pay for planning and implementation of stormwater improvements needed to comply with Regional Water Quality Control Board requirements and account for approximately 50% of the costs.
Identification of an approximate date by which construction of the public improvement or acquisition will commence/occur:
Additional funds will be used for improvements to stormwater catch basins projected in FY 2023-24.
Description of each interfund transfer of loan made from the account or fund:
None.
The amount of refunds made pursuant to subdivision € of Section 66001 and any allocation pursuant to subdivision (f) of Section 66001:
None.
Public Meeting Facilities Fees
Fiscal Year 2021-2022
Description of Fee:
This fee was established to generate resources necessary to offset the proportional impacts of new development on the City’s capital infrastructure. Specifically, these projects include the construction of community/recreation centers for classes, meetings and other general public uses.
Fee Amount:
Single Family Dwelling (per unit) $946.50
Multiple Family Dwelling (per unit) $1,027.00
Mobil Home Dwelling (per unit) $990.50
Commercial Lodging (per unit) -
Seasonal Employee Housing (per bed) -
Commercial (per square foot) -
Industrial (per square foot) -
Storage Units (per square foot) -
Beginning and Ending Balances:
Please reference fund worksheet.
Amount of Fees collected and interest earned:
Please reference fund worksheet.
Amount of other revenue:
N/A
Public Improvement, amount of fee used and total percentage of project cost:
Funds were used for acquisition of an existing building to convert to a public visitor center, history center and meeting space. The fund is projected to pay for 20% of the costs.
Identification of an approximate date by which construction of the public improvement or acquisition will commence/occur:
Completion of the project is projected by the end of 2023.
Description of each interfund transfer of loan made from the account or fund:
None.
The amount of refunds made pursuant to subdivision € of Section 66001 and any allocation pursuant to subdivision (f) of Section 66001:
None.
Aquatic Center Facilities Fees
Fiscal Year 2021-2022
Description of Fee:
This fee was established to generate resources necessary to offset the proportional impacts of new development on the City’s capital infrastructure. Specifically, projects include expansions to the pool surface and the utility/locker facility necessary to merely maintain the existing standard of service.
Fee Amount:
Single Family Dwelling (per unit) $343.00
Multiple Family Dwelling (per unit) $371.00
Mobil Home Dwelling (per unit) $355.00
Commercial Lodging (per unit) -
Seasonal Employee Housing (per bed) -
Commercial (per square foot) -
Industrial (per square foot) -
Storage Units (per square foot) -
Beginning and Ending Balances:
Please reference fund worksheet.
Amount of Fees collected and interest earned:
Please reference fund worksheet.
Amount of other revenue:
N/A
Public Improvement, amount of fee used and total percentage of project cost:
Funds have been expended on expansion of access related amenities. Future funds will be expended on upgrade of the utility/locker facility and/or a cover on one of the pools to expand availability to meet demand. Funds are projected to be used for 90% of the costs.
Identification of an approximate date by which construction of the public improvement or acquisition will commence/occur:
Expenditures are projected in FY 25-26.
Description of each interfund transfer of loan made from the account or fund:
None.
The amount of refunds made pursuant to subdivision € of Section 66001 and any allocation pursuant to subdivision (f) of Section 66001:
None.
Circulation (Streets, Bridges and Signals) System Fees
Fiscal Year 2021-2022
Description of Fee:
This fee was established to generate resources necessary to offset the proportional impacts of new development on the City’s capital infrastructure. Specifically, projects include future street widenings, additional traffic signals and intersection improvements and possibly bridges.
Fee Amount:
Single Family Dwelling (per unit) $2,872.07
Multiple Family Dwelling (per unit) $1,917.30
Mobil Home Dwelling (per unit) $1,502.57
Commercial Lodging (per unit) $1,510.73
Seasonal Employee Housing (per bed) $119.84
Commercial (per square foot) $3.480
Industrial (per square foot) $1.880
Storage Units (per square foot) $0.820
Beginning and Ending Balances:
Please reference fund worksheet.
Amount of Fees collected and interest earned:
Please reference fund worksheet.
Amount of other revenue:
N/A
Public Improvement, amount of fee used and total percentage of project cost:
Funds have been expended on planning and engineering for the Roundabout project at San Antonio Road and Broadway Street and the Multimodal Transportation Center project. Funds will account for approximately 2.5% of those project costs. Grants will be necessary to fund the remainder of the costs.
Identification of an approximate date by which construction of the public improvement or acquisition will commence/occur:
Construction of the roundabout is projected in FY 2024-25 and the Multimodal Transportation Center project is projected within a 5 – 7 year period.
Description of each interfund transfer of loan made from the account or fund:
None.
The amount of refunds made pursuant to subdivision € of Section 66001 and any allocation pursuant to subdivision (f) of Section 66001:
None.
Sewer Collection System Fees
Fiscal Year 2021-2022
Description of Fee:
This fee was established to generate resources necessary to offset the proportional impacts of new development on the City’s capital infrastructure. Specifically, projects include expansion of the City’s wastewater collection system as many of the existing collection lines were not designed nor constructed for the flows anticipated at this time.
The system will need to be expanded to accommodate this development-generated additional flow.
Fee Amount:
Single Family Dwelling (per unit) $2,463.03
Multiple Family Dwelling (per unit) $1,458.73
Mobil Home Dwelling (per unit) $1,458.73
Commercial Lodging (per unit) $552.99
Seasonal Employee Housing (per bed) $182.34
Commercial (per square foot) $0.668
Industrial (per square foot) $1.002
Storage Units (per square foot) $0.362
Beginning and Ending Balances:
Please reference fund worksheet.
Amount of Fees collected and interest earned:
Please reference fund worksheet.
Amount of other revenue:
N/A
Public Improvement, amount of fee used and total percentage of project cost:
Funds have been expended on preliminary design of upgrades to major sewer main lines.
Funds are being allocated for replacement of sewer lines on Lynn Street and Pearl Street, which is projected to fund 15% of the costs.
Identification of an approximate date by which construction of the public improvement or acquisition will commence/occur:
The sewer line replacement costs are occurring in FY 2023-24.
Description of each interfund transfer of loan made from the account or fund:
None.
The amount of refunds made pursuant to subdivision € of Section 66001 and any allocation pursuant to subdivision (f) of Section 66001:
None.
Wastewater Treatment Plant Fees
Fiscal Year 2021-2022
Description of Fee:
This fee was established to generate resources necessary to offset the proportional impacts of new development on the City’s capital infrastructure. Specifically, the City’s wastewater treatment plant was not designed for the rate of flow expected at General Plan build-out and will need to be expanded.
Fee Amount:
Single Family Dwelling (per unit) $4,523.50
Multiple Family Dwelling (per unit) $2,679.86
Mobil Home Dwelling (per unit) $2,679.86
Commercial Lodging (per unit) $1,014.68
Seasonal Employee Housing (per bed) $334.98
Commercial (per square foot) $1.227
Industrial (per square foot) $1.841
Storage Units (per square foot) $0.666
Beginning and Ending Balances:
Please reference fund worksheet.
Amount of Fees collected and interest earned:
Please reference fund worksheet.
Amount of other revenue:
N/A
Public Improvement, amount of fee used and total percentage of project cost:
Funds are being expended for upgrade and expansion of the Wastewater Treatment Plant. Development impact fee revenue are anticipated to account for 2.5% of the total costs and will be used primarily for design.
Identification of an approximate date by which construction of the public improvement or acquisition will commence/occur:
The balance of funds are anticipated to be expended by 2025.
Description of each interfund transfer of loan made from the account or fund:
None.
The amount of refunds made pursuant to subdivision € of Section 66001 and any allocation pursuant to subdivision (f) of Section 66001:
None.
Item No. 9 (J)
REPORT TO THE CITY COUNCIL
DATE: AUGUST 8, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF DEFERRAL OF ENFORCEMENT OF
DOWNTOWN BUSINESS TEMPORARY SIGN REGULATIONS
RECOMMENDATION:
It is recommended the City Council adopt a Resolution deferring enforcement of prohibitions on displaying temporary signage and other promotional items on the business frontage and in the public right-of-way for businesses located on Broadway Street from Russ Street to First Street through December 31, 2023.
BACKGROUND:
The City is undertaking an extensive downtown revitalization effort. A number of improvements are now under construction. These improvements are designed to attract more visitors in the future to support local businesses. However, it presents a significant impact on businesses during the construction period.
Staff have met with a number of the business owners who have expressed concerns about the impact of the construction on their sales. New signage is being created to display in the street to notify the public that businesses in the construction area are open and to encourage them to support local businesses during the construction period. Based on the feedback from the business owners, additional measures are recommended.
DISCUSSION:
It is recommended to temporarily cease any enforcement of regulations prohibiting businesses to display temporary banners on their storefront, signage on the sidewalk area, and other items such as merchandise, flags, wing signs, and balloons to attract customers to their business. This will help demonstrate the City’s support for local small business and provide them more tools to address the impacts of the construction.
RESOLUTION NO. 2023-4960
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING
DEFERRING ENFORCEMENT OF DOWNTOWN BUSINESS
TEMPORARY SIGN REGULATIONS
WHEREAS, the City is constructing extensive downtown revitalization improvements to support local business and improve the downtown environment for the entire community; and WHEREAS, an active, successful and vital downtown benefits the entire community by creating opportunities for recreation, interaction, entertainment, and obtaining necessary goods and services; and
WHEREAS, the construction activities are negatively impacting downtown businesses on a temporary basis due to the effects noise, dust and road closures have on customers accessing the businesses; and
WHEREAS, the impacts on downtown businesses may threaten the economic viability of some businesses if they cannot withstand the financial impacts of a reduction in sales, which would negatively impact the benefit of the downtown area to the entire area; and WHEREAS, the City enforces a number of Municipal Code restrictions on temporary business signage to maintain an attractive and successful appearance in commercial areas, but the aesthetic impacts of signage is a lesser concern during periods where significant construction is temporarily damaging the appearance of the area; and WHEREAS, the City Council desires to implement temporary measures to support local small businesses and create ways to address the adverse impacts of construction activities on business customers and profits.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of King hereby directs the City Manager to defer enforcement or prohibitions on displaying the following types of signage by businesses located on Broadway Street from Russ Street to First Street through December 31, 2023 as long as it does not impact ADA access, parking spaces or vehicle access:
1. Temporary banners on storefronts;
2. Sandwich boards and other temporary freestanding signs on the sidewalk and public right-of-way;
3. Merchandise in front of the business; and
4. Balloons, flags, wing signs and streamers.
BE IT FURTHER RESOLVED that the City Manager shall be authorized to approve the temporary display of other promotional items determined to be consistent with the intent and objectives of the Resolution.
CC Resolution No. 2023-4959
01222.0001/325812.1
This resolution was passed and adopted this 8
th day of August, 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(K)
STAFF REPORT
DATE: AUGUST 8, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, PUBLIC WORKS DIRECTOR / CITY
ENGINEER
RE: CONSIDERATION OF AWARD OF BID FOR THE 2023 KING
CITY SLURRY PROJECT INCLUDING ADOPTING FINDING OF
A CATERGORICAL EXEMPTION, PURSUANT TO SECTION
15301 OF THE CEQA GUIDELINES
RECOMMENDATION:
It is recommended City Council: 1) award the base bid for the 2023 King City Slurry Project as proposed by low bidder, Pavement Coatings Inc, in the proposed amount of $550,000; 2) authorize the City Manager to approve change orders up to 10 percent; and 3) adopt a finding of a Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines.
BACKGROUND:
Improvement Plans and Specifications were put out to bid for the 2023 King City Slurry Project. The proposed project also consists of Slurry Seal on all of the streets in the Creekbridge development except the last phase of construction.
The project is consistent with the City’s Pavement Management Program. These streets are at the age where delaying surface treatment will cause permanent damage which will cost more to repair in the future and represent staff’s recommended top priority for street improvements currently.
DISCUSSION:
The City received the following bids:
Contractor Bid
VSS International $564,120.00
Pavement Coating Company $550,000.00
BID SUMMARY -July 27, 2023
Project: 2023 King City Slurry Project Job/File No.:
Date: 27-Jul-23
Item Description Quantity Unit Price Amount Price Unit Price Amount Price Base Bid
1 Microsurface (Type 3 Slurry Seal) 720,000 SF $0.45 $324,000.00 $0.49 $352,800.00 1 Striping (thermoplastic) 1 LS $226,000.00 $226,000.00 $211,320.00 $211,320.00 Base Bid Total $550,000.00 $564,120.00
Acknowledge Addendum 1 1
Pavement Coatings Co VSS International
City of King
831-385-3281
212 S. Vanderhurst, King City, CA printed
7/27/2023
Exhibit 1
Item No. 10 (A)
REPORT TO THE CITY COUNCIL
DATE: AUGUST 8, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF CLOSE OUT OF CITY OF KING 20-CDBG12002 and 17-CDBG-12024 COMMUNITY DEVELOPMENT
BLOCK GRANT AGREEMENTS WITH THE STATE OF
CALIFORNIA
RECOMMENDATION:
It is recommended the City Council: 1) review the past use of funds and program performance for the City of King Community Development Block Grant (CDBG) contracts 20-CDBG-12002 – Sidewalk Infrastructure Improvement Project and 17-CDBG-12024 – Youth Services Public Service Program; 2) open the public hearing, receive public input regarding the outcome and accomplishments of the funding received under the contract, and close the public hearing; and 3) and direct staff to submit the required close out documents per the program requirements.
BACKGROUND:
The City of King was awarded Community Development Block Grant funds from the Department of Housing and Community Development through two funding applications for 2017 and again in 2020 for the following contracts and activities:
• 17-CDBG-12024 – Public Service Program
o Youth Services
o Awarded $500,000
• 20-CDBG-12002 – Public Infrastructure
o Sidewalk Improvement Project
o Awarded $3,500,000
CITY COUNCIL
CONSIDERATION OF CLOSE OUT OF CITY OF KING 20-CDBG-12002 and 17-CDBG-12024 COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENTS WITH THE STATE OF CALIFORNIA
AUGUST 8, 2023
PAGE 2 OF 4
Per the requirements of the CDBG contract, the City is required to hold a public hearing to review the past use of funds and program/project performance for the City of King CDBG contracts. This agreement with the State of California Department of Housing and Community Development also requires the City to solicit citizen input regarding the outcome and accomplishments of the funding received under these contracts.
DISCUSSION:
17-CDBG-12024 – Public Service Program - Youth Services The City of King partnered with the non-profit organization ProYouth to implement the funding under this contract. ProYouth implemented the HEART program - HEART stands for Health, Enrichment, Academics, Recreation and Teamwork.
The program focused on the most at-risk youth through the schools and provided enrichment programs immediately after school. The initial program focused on three elementary school campuses and was able to expand to middle school during the funding cycle. The program was significantly impacted by COVID-19, so the State allowed the program to be extended to allow all of the funds to be expended. The program anticipated a total of 440 youth being served and this was met and exceeded. This was an LMC national objective and each person who participated met the requirements of the project. The program will continue in the community with other funding sources and the CDBG funding was part of the initial catalyst that allowed the program to begin and flourish.
20-CDBG-12002 – Public Infrastructure - Sidewalk Improvement Project The City of King worked on this project for a number of years and with the 5 th
application submittal was finally able to access funding for this much needed project. The project was driven by the community with multiple requests being made by the local citizens regarding the deficiencies in the City’s sidewalk transportation system. Due to funding criteria, the project was not able to meet the competitiveness of the grant programs and struggled to obtain funding until 2020.
The project was finally awarded funding. This was an LMA national objective and benefited the entire City of King. The project included the following:
• Sidewalk installed where non-existing
• Sidewalk repairs
• Curb and gutter replacement
• New ADA ramps
• Other repairs to ensure correction of pedestrian route deficiencies
CITY COUNCIL
CONSIDERATION OF CLOSE OUT OF CITY OF KING 20-CDBG-12002 and 17-CDBG-12024 COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENTS WITH THE STATE OF CALIFORNIA
AUGUST 8, 2023
PAGE 3 OF 4
The project is now complete.
COST ANALYSIS:
There was no direct cost impact to the City for the work completed under this contract. All costs were covered by the grant funding as follows:
17-CDBG-12024
Activity Grant Award Expended
General Administration $34,884.00 $84,844.00
Youth Program $465,116.00 $465,115.00
Total $500,000.00 $499,959.00
20-CDBG-12002
Activity Grant Award Expended
General Administration $125,000.00 $58,402.50
Infrastructure – Sidewalk Project $3,375,000.00 $3,308,523.51 Total $3,500,000.00 $3,366,926.01
The sidewalk expenditures are being finalized and the final draw is in process.
Currently a total of 96% of the funds allocated have been drawn for the contract.
The information provided above is based on the current balances through 6/13/2023 and one more draw for all expenditures is anticipated before the project is final which will fully expend the grant.
ENVIRONMENTAL REVIEW:
The close out of the grant is not considered a “project” for the purposes of the California Environmental Quality Act (CEQA). Therefore, it will 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.