King City City Council
September 26, 2023

AGENDA

REGULAR MEETING OF THE

CITY OF KING CITY COUNCIL
AND
Sitting as SUCCESSOR AGENCY OF

THE RDA FOR THE CITY OF KING
TUESDAY SEPTEMBER 26, 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.

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Passcode: 052933
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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. National Alcohol and Drug Addition Recovery Month Proclamation

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 Any Council Member, the City Manager, or the City Attorney may request that an item be withdrawn from the Consent Agenda to allow for full discussion.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 Items withdrawn from the Consent Agenda may be considered by separate motions at the conclusion of the discussion of each item.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 September 12, 2023, Council Meeting Recommendation: approve and file.

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

C. Consideration: Amendment to Master Fee Schedule
Recommendation: adopt a Resolution amending the Master Fee Schedule to apply an inflationary adjustment effective January 1, 2024 and approving an administrative policy granting staff authority for fee reductions and waivers under specified circumstances.

D. Consideration: City of King KCCP Payments for the Month of August 2023 Recommendation: receive and file.

E. Consideration: Riverbed Wildfire Prevention Plan Consultant Services Agreement
Recommendation: approve and authorize the City Manager to execute a Consultant Services Agreement with EMC for preparation of the Riverbed Wildfire Prevention Plan.

F. Consideration: Rejection of All Bids for the 2023 King City Street Project, Including Adopting Finding of a Categorical Exemption, Pursuant to Section 15301 of the CEQA Guidelines
Recommendation: 1) reject all bids for the 2023 King City Street Project; 2) complete the community outreach on the bike path alternatives and include access ramp improvements on; 3) rebid project with proposed bike path design and access ramp improvements; 4) appropriate an additional $119,120 towards the Annual Street Improvement Program for 2023-24 and 5) adopt a finding of a Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines.

G. Consideration: Award of a Consultant Services Agreement for Preparation of a Transportation Analysis of Vehicle Miles Traveled (VMT) Recommendation: authorize the City Manager to execute a consultant services agreement up to a not to exceed in the amount of $28,000 in a form approved by the City Attorney with Kimley-Horn for the completion of a transportation analysis of Vehicle Miles Traveled (VMTs) as pertains to Senate Bill 743 and as required for the completion of the General Plan Land Use Element Update.

H. Consideration: Consultant Services Agreement for Labor Compliance Monitoring Services for the Downtown Plaza Project
Recommendation: approve and authorize the City Manager to execute a consultant services agreement up to a not to exceed amount of $25,000 with Adams Ashby Group, Inc., for the labor compliance monitoring services of the Downtown Plaza/Park construction project.

I. Consideration: Consideration of Adjustments to Cannabis Tax Rates Recommendation: adopt a Resolution establishing new cannabis business tax rates effective October 1, 2023.

J. Consideration: Consultant Services Agreement for Labor Compliance Monitoring Services for the Downtown Streetscape Project Recommendation: approve and authorize the City Manager to execute a consultant services agreement up to a not to exceed amount of $50,000 with Adams Ashby Group, Inc. for labor compliance monitoring services for the Downtown Streetscape Improvements Project.

10. PUBLIC HEARINGS
A. Consideration: An Ordinance Amending 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, clothe hearing, waive first reading of the Ordinance and approve the introduction of the Ordinance.

B. Consideration: An Ordinance Amending Parking Restrictions Recommendation: introduce an Ordinance amending Municipal Code Chapter

10.22 to amend parking restrictions on portions of Broadway Street and Canal Street 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.

C. Consideration: An Ordinance Amending Chapter 17.09 Property Maintenance Standards
Recommendation: introduce an Ordinance amending Chapter 17.09 of the King City Municipal Code pertaining to restrictions on paving and parking in front yard areas 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.

11. REGULAR BUSINESS
A. Consideration: Downtown Street Tree Master Plan
Recommendation: approve a Street Tree Master Plan for the Broadway Street downtown area from First Street to San Lorenzo Street.

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

None

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

City Council Meeting
September 12, 2023

1.__CALL TO ORDER:

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

2.__ROLL CALL:

City Council: Mayor Mike LeBarre Council member Carlos DeLeon, Mayor Pro Tem Carlos Victoria, Council members Oscar Avalos and Rob Cullen were absent.

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

3.__FLAG SALUTE:

The flag salute was led by Mayor LeBarre.

4. CLOSED SESSION ANNOUNCEMENTS:

None

5.__SPECIAL PRESENTATIONS:

A. Swearing in of Maria Hernandez, New Code Enforcement Officer, by Chief Hunt B. Jacob’s Heart Proclamation presented to Alicia Diaz- Infante via Zoom for Jacob’s heart.

6. PUBLIC COMMUNICATIONS:

Margarita Lopez welcomed Maria Hernandez, the new code enforcement officer, to the team. She thanked Chief Hunt for his work and dedication, especially dealing with an issue right away answering her email responding professionally explaining what happened so she could inform those who reached out to her which helps restore faith in the Police Department. She appreciates him greatly.

7. COUNCIL COMMUNICATIONS:

Council Member Cullens stated the Solid Waste Authority Building on Jolon Road Transfer Station will be installed by late October. September 28, 2023, is his district Block Party near Forden Park. He spoke fondly of Supervisor Lou Calcagno and would like the meeting adjourned in his memory and honor tonight.

Mayor Pro Tem Victoria stated AMBAG meeting is tomorrow. He also stated that his block party was a success, and he will be attending Council member Cullen’s in a couple of weeks.

Council Member Avalos stated that the Salinas Valley Fair Expo Building remodel is complete and hosted its first Volleyball game tonight. He encouraged people to stop by and take a look at it.

Council Member DeLeon stated he had nothing to report tonight.

Mayor LeBarre stated he attended Fort Hunter Liggett’s Patriot Day Ceremony continuing to remember 911. He is heading to Sacramento next week for League of Cities he is attending and speaking.
9(A)

8. CITY STAFF REPORTS AND COMMENTS:

City Manager Adams thanked the Mayor Pro Tem for attending the Blue Zones walk/bike/run last week and stated that the first Blue Zones Walk/Bike/Run was successful and reminded that the Blue Zones Community Walk/Bike/Run will be Wednesday September 13th at 6:00pm starting in Town Square.

City Attorney Roy Santos stated he had nothing to report tonight.

9. CONSENT
A. Consideration: Meeting Minutes of August 22, 2023, Council Meeting B. Consideration: City of King Check Register August 16, through August 31, 2023 Action: Motion to approve consent agenda items A- B by Cullen seconded by Victoria.

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

ABSENT: Council Members:

ABSTAIN: Council Members:

10. WORKSHOP:

A. Consideration: Land Use Element and Housing Element Update Recommendation: 1) conduct a workshop and receive a presentation on the process of preparing updates to the Land Use Element and Housing Element; 2) provide an opportunity for public input and questions; 3) discuss concepts and alternatives; and 4) provide staff direction on alternatives involving the Land Use Element opportunity areas.

Community Development Director Doreen Liberto introduced this item and Principal Planner Scott Bruce further introduced this item with a PowerPoint presentation.

Opportunity Zone 1, 2, and 3 were gone over with most of the discussion on Opportunity Zone 2. Council’s opinion on Opportunity Zone 2 is that the Mayor likes Mixed Use Residential for that area and Council member Cullen would like to see 218 N. First St. stay in Opportunity Zone 2. Council member DeLeon asked if staff could have further discussion on Opportunity Zone 2.

David Gill part owner of 218 N. First St. would like to see the TUP that they currently have go beyond the 10 years since they do not have a high or better use for the property.

City Attorney Roy Santos explained no more extensions past the 10 years is allowed.

There is an option of changing the use to permanent with a CUP and meeting all the requirements for the CUP.

City Council consensus is to keep 218 N. First St. in Opportunity Zone 2 and to try to work with the property owners to keep it housing.

11. REGULAR BUSINESS
A. Consideration: Cannabis Cultivation Tax Rate Study Findings Mark Lovelace from HDL presented the study findings.

Council directed staff to prepare a resolution amending the cannabis cultivation tax rate to be $5.00 a square foot as floor.

Jonas Lalezaheh 150 Don Bates would like to see the tax be based on a percentage.

City Attorney Roy Santos explained that this sq. ft. rate was voted in so the City cannot change it without taking it to the people to vote on it.

12. CITY COUNCIL CLOSED SESSION
None
ADJOURNMENT:

Mayor LeBarre adjourned the meeting at 8:28p.m. in memory of Lou Calcagno.

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: SEPTEMBER 26, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER
SEPTEMBER 1 THROUGH SEPTEMBER 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: SEPTEMBER 26, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF AMENDMENT TO MASTER FEE

SCHEDULE
RECOMMENDATION:

It is recommended the City Council adopt a Resolution amending the Master Fee Schedule to apply an inflationary adjustment effective January 1, 2024 and approving an administrative policy granting staff authority for fee reductions and waivers under specified circumstances.

BACKGROUND:

The City maintains a Master Fee Schedule of all user fees. Fees are based upon the cost to provide each service. Staff are recommending an amendment to the Master Fee Schedule to address ongoing inflationary increases in the City’s cost to provide its services.

In addition, the City receives a number of periodic fee waiver requests from community non-profit organizations. Almost all fee waivers currently require City Council approval. Staff are recommending a policy to designate authority to approve some of the most routine requests.

DISCUSSION:

Staff are recommending fee adjustments to the majority of the City’s user fees.

The recommendations were based on applying a 5% increase and then rounding to the nearest dollar. The increases were applied to all fees except for those set by State law, those established by Ordinance in the Municipal Code, franchise fees, cannabis fees, airport t-hangar fees and development impact fees. This amount is consistent with both recent inflation rates and employee salary and benefit cost increases.

CITY COUNCIL

CONSIDERATION OF AMENDMENT TO MASTER FEE SCHEDULE
SEPTEMBER 26, 2023
PAGE 2 OF 3
Approval of a policy is also recommended designating authority to the City Manager to approve fee waivers in certain circumstances. Fee waiver requests come up on a periodic basis from community and social service organizations.

These typically involve use of City facilities and permit requests by non-profit organizations, community service organizations, and other government agencies.

Since all fee waivers require City Council approval, some requests that are relatively routine increase staff work, can delay projects and events, and can create a burden and uncertainty for organizations if they need to pay the fee up front and request reimbursement after the waiver is considered.

There are some fee reductions that are set forth in the Fee Schedule. The City Council has also previously adopted guidelines for fee waivers and reductions for certain items. The proposed policy is intended to address situations that aren’t currently covered under prior City Council approvals. Examples of previous circumstances include fee waivers for volunteer community beautification projects, encroachment permits for public events or City related efforts, etc.

The recommended policy would authorize the City Manager to approve fee reduction and fee waiver requests up to $7,500 for activities benefiting the general public. Requests would be limited to non-profit organizations, not-forprofit community service organizations, and other government agencies in most circumstances. Some limited exceptions include encroachment permits involving downtown projects and programs, as well as fundraisers conducted to benefit an individual or family in need due to special circumstances.

COST ANALYSIS:

The total increased annual revenue is projected to be roughly $15,000.

ENVIRONMENTAL REVIEW:

The Master Fee Schedule adjustments 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 are provided for City Council consideration:

1. Adopt the Resolution;

2. Make other changes to the Master Fee Schedule and adopt the Resolution;

3. Modify and adopt the Resolution to approve the fee adjustments but not the new Policy;

RESOLUTION NO. 2023-4963

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING

APPROVING AN UPDATED MASTER FEE SCHEDULE
WHEREAS, the City of King maintains a Master Fee Schedule of all user fees; and WHEREAS, the purpose of user fees is for users of services to pay the cost of providing that service; and
WHEREAS, the City reviews and updates the Master Fee Schedule on a periodic basis to ensure that fees accurately reflect changes in costs to provide services; and WHEREAS, to maintain appropriate cost recovery, the City Council desires to apply an increase of 5% to certain fees based upon staff cost of living salary adjustments and inflationary increases over the past year for supplies and equipment: and WHEREAS, the City Council desires to establish a policy granting authority to the City Manager for routine fee reduction and waiver requests received from non-profit and not-for-profit organizations for permit, facility and other user fees associated with projects and events determined to serve and benefit the general public; and WHEREAS, the City has established fees based on an analysis of actual staff costs to process each item in order to charge fees at an amount limited to the reimbursement of City costs for the service provided to the user.

NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of King hereby approves the Master Fee Schedule attached and included herein as Exhibit A to incorporate a routine inflationary adjustment effective January 1, 2024; BE IT FURTHER RESOLVED THAT the City Council of the City of King hereby adopts Administrative Policy 029 Fee Reductions and Waivers attached and included herein as Exhibit B to authorize the City Manager to approve fee waivers under circumstances set forth in the Policy.

This resolution was passed and adopted this 26th day of September, 2023 by the following vote:

AYES, Council Members:

NAYS, Council Members:

ABSENT, Council Members:

ABSTAIN, Council Members:

CC Resolution No.

01222.0001/325812.1
APPROVED:
______________________________
Mike LeBarre, Mayor
ATTEST:
__________________________________
Erica Sonne, City Clerk
APPROVED AS TO FORM:
__________________________________
Roy Santos, City Attorney

Policy Number:
029
Policy Name:

Fee Reductions and Waivers
Issued:
9/26/23
Revised:

Policy Purpose:

The purpose of this policy is to establish guidelines and authority for reductions and waiver of user fees.

To Whom Does This Policy Apply:

All City employees associated.

Issued By:

Steven Adams, City Manager
Date approved by the City Council: 09/26/23

EXHIBIT B
King City Issue 9/26/23 Page 1 of 3 029 Reductions and Waivers I. PURPOSE
The purpose of this policy is to establish guidelines and authority for approval of requests to reduce and/or waive user fees.

II. POLICY
Fee reductions and/or waivers shall be considered for non-profit and not-for-profit organizations, and private parties in limited circumstances, for activities that have been determined to provide a general benefit for the community.

III. AUTHORITY
The City Manager shall be designated the authority to decrease or waive fees as set forth in Section IV of this Policy up to $7,500.

IV. GUIDELINES
A. Criteria

1. User fee reduction or waiver requests will be considered for nonprofit, not-for-profit and government agencies.

2. Fee reductions or waivers will be considered for private parties only for items set forth in this Policy or by Council Resolution for specified programs where there is a public benefit.

3. The City may request proof of the organization’s tax registration status to verify eligibility.

4. Fee reductions and waivers do not apply under this policy for Garage Sale Permits, Fireworks Permits, Building Permits, Development Impact Fees, Cannabis Permits and Wastewater Fees.

5. Fee reductions and waivers do not apply under this policy for any fees that already have an established non-profit or other fee reduction amount set forth in the Master Fee Schedule.

6. Any fee reduction or waiver requests excluded in this section or not set forth within this Policy shall require approval by City Council Resolution.

B. Fee Reductions
User fees for non-profit and not-for-profit organizations may receive a reduction of 50% up to $7,500 consistent with the restrictions and definitions King City Issue 9/26/23 Page 2 of 3 029 Reductions and Waivers in Section IV.A of this Policy if approved by the City Manager for activities that provide a public benefit.

C. Fee Waivers

1. Requests for fee waivers may be approved by the City Manager up to $7,500 for permits for activities for non-profit and not-for-profit organizations that will have a demonstrated benefit to the entire community. Such circumstances shall require that the activity and/or project requiring the permit shall have a public benefit and shall be accessible, open to, and/or viewable by the public at-large.

2. Facility fees will be waived for government agencies excluding major events or incidents at City parks, Mesa Del Rey Airport, or in other areas of public right-of-way.

3. Facility fees may be waived for non-profit or not-for-profit organizations for activities serving a public benefit and open to the general public.

4. Building and sign permit fees will be waived for all projects that fall under an approved Downtown Façade Enhancement Grant.

5. Encroachment permit fees shall be waived if they meet the following requirements:
a. for the purpose of providing downtown outdoor dining tables and chairs approved by the City and consistent with City regulations;
b. for the purpose of providing flower boxes or other items designed to beautify the downtown area approved by the City consistent with other City regulations;
c. for the purpose of other improvements or activities in the public right-of-way associated with or necessary for
implementation of a City project or program; and
d. do not restrict in any way Americans with Disabilities (ADA) access requirements.

6. Fees may be waived for activities by a private party for the purpose of conducting a fundraiser for the benefit of a local individual or family in need due to circumstances such as an illness, disaster, etc.

King City Issue 9/26/23 Page 3 of 3 029 Reductions and Waivers

7. Fees may be waived for events, programs or projects where the City is an approved co-sponsor or where the activity falls under an overall program that the City Council is a co-sponsor.

8. Fees for special events may be waived if the event is a long-standing community event supported by the City where fees have historically not been charged in the past.

9. Fees for garage sale permits are waived for all non-profit organizations.

Item No. 9(D)

REPORT TO THE CITY COUNCIL
DATE: SEPTEMER 26, 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 AUGUST 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 (E)

REPORT TO THE CITY COUNCIL
DATE: SEPTEMBER 26, 2023
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DOREEN LIBERTO, AICP, COMMUNITY DEVELOPMENT

DIRECTOR
RE: CONSIDERATION OF RIVERBED WILDFIRE PREVENTION

PLAN CONSULTANT SERVICES AGREEMENT
RECOMMENDATION:

It is recommended the City Council approve and authorize the City Manager to execute a Consultant Services Agreement with EMC for preparation of the Riverbed Wildfire Prevention Plan.

BACKGROUND:

In 2022, the City was granted a $224,000 grant from the State of California Department of Forestry and Fire Protection (“Cal Fire”) – Office of the State Fire Marshal to prepare a Riverbed Wildfire Prevention Plan (“Plan”).

The Plan will focus on protecting King City, the adjacent communities, including the Pine Canyon, structures (e.g., houses), infrastructure, and the Salinas River/San Lorenzo Creek corridor. The Plan will address innovative nature-based solutions to reduce disasters caused by climate change, such as drought, wildfires, recharge groundwater, and pollution control. The Plan will provide strategies to reduce fuel breaks and provide a space for firefighters to control wildfires, reduce hazardous fuels along the Salinas River/San Lorenzo Creek corridor, and improve emergency access for firefighters and other emergency vehicles in the event of a wildfire. The City coordinated the project description with the local Cal Fire San Benito Monterey Unit.

DISCUSSION:

A Plan will be prepared to mitigate the risk of wildfire along the San Lorenzo Creek/Salinas River corridor adjacent to King City and areas in unincorporated Monterey County. The Salinas River is one of the largest watersheds - approximately 4,160 square miles between Monterey County and San Luis Obispo

CITY COUNCIL

CONSIDERATION OF RIVERBED WILDFIRE PREVENTION PLAN

CONSULTANT SERVICES AGREEMENT
SEPTEMBER 26, 2023
PAGE 2 OF 3
County. The project area includes portions of the San Lorenzo Creek which runs through the city and backs to residential areas. It is also noted that San Lorenzo Creek is a tributary to the Salinas River, and it flows into the Salinas River in this area.

Occurrence of fires has increased along the Salinas Riverbed over the past couple of years as a result of additional extreme heat days, flammable vegetation along the creek, and the homeless population. Within the last few years, Cal Fire, with the City of King’s Fire Department assistance, responded to several fires in this area. In May 2022, a Riverbed wildfire displaced homeless individuals, caused one death, and inflicted damage to plants and wildlife habitat.

This area is also located within a flood zone that requires an ongoing flood prevention program during the winter months. The City, jointly with CalFire, the County, property owners, business owners and other stakeholders, will review the areas along the San Lorenzo Creek and Salinas River adjacent to King City to develop a workable Plan.

In June 2023, the City distributed a Request for Qualifications/Request for Proposal (RFQ/RFP) to several consultants. Only one proposal was submitted to the City. EMC Planning Group and Deer Creek Resources submitted a joint proposal (Reference Exhibit 1). City staff and Cal Fire reviewed the proposal and recommended EMC Planning Group and Deer Creek Resources be awarded the contract. The contract will be with EMC Planning Group.

The Plan will include preparation of an Initial Study/Mitigated Negative Declaration (“IS/MND”) in accordance with the California Environmental Quality Act (“CEQA”), which will identify future permits needed to implement the Plan and address as many environmental issues as possible to expedite obtaining the future permits.

It is anticipated the Plan will be completed by July 2024. Stakeholder meetings will begin immediately after the contract is executed.

ENVIRONMENTAL REVIEW:

Pursuant to CEQA, this matter is not a “project” for the purposes of CEQA Guidelines Section 15378 as there is no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In the alternative, the City has also performed a preliminary environmental assessment of this project pursuant to CEQA and, pursuant to CEQA Guidelines Section 15061(b)(3), there is no possibility that this matter may have a significant impact on the environment because the action is to authorize a contract to write a Riverbed Fire Prevention Plan.

Proposal
King City Riverbed
Wildfire Prevention Plan
& Environmental Review
July 13, 2023
Prepared by
EMC Planning Group &
Deer Creek Resources
EXHIBIT 1
This document was produced on recycled paper.

PROPOSAL

KING CITY RIVERBED

WILDFIRE PREVENTION PLAN
& ENVIRONMENTAL REVIEW

PREPARED FOR
King City
Steve Adams, City Manager
212 S. Vanderhurst Avenue
King City, CA 93930
Tel 831.386.5917
[email protected]

PREPARED BY
EMC Planning Group Inc.
601 Abrego Street
Monterey, CA 93940
Tel 831.649.1799
Stuart Poulter, AICP, MCRP, Senior Planner
[email protected]
www.emcplanning.com
Deer Creek Resources
1100 Fortress Street, Suite 2
Chico, CA 95973
Tel 530.891.0471
Zeke Lunder, Director
[email protected]
www.deercreekgis.com
July 13, 2023
Table of Contents

1.0 STATEMENT OF QUALIFICATIONS ..........................................................................1-1

1.1 Project Team...........................................................................................................................1-1

1.2 EMC Planning Group............................................................................................................1-4

1.3 Deer Creek Resources..........................................................................................................1-10

2.0 SCOPE OF WORK.......................................................................................................2-1 Task 1 Stakeholder Outreach Plan and Community Outreach (EMC Planning Group and Deer Creek Resources) ................................................2-1 Task 2 Riverbed Wildfire Prevention Plan (Deer Creek Resources)...................................2-4 Task 3 Environmental (CEQA) Review (EMC Planning Group) ......................................2-8 Task 4 Meeting Participation (EMC Planning Group and Deer Creek Resources) .......2-13

3.0 PROPOSED SCHEDULE..............................................................................................3-1

4.0 PROPOSED BUDGET .................................................................................................4-1

5.0 PROFESSIONAL REFERENCES ..................................................................................5-1

5.1 EMC Planning Group............................................................................................................5-1

5.2 Deer Creek Resources............................................................................................................5-1 Attachments
Attachment A EMC Planning Group Resumes
Attahcment B Deer Creek Resources Statement of Qualifications and Staff Resumes Figures
Figure 2-1 King City Riverbed Wildfire Prevention Plan – Proposed Project Area (with 1,000-foot Buffer)............................................................................................ 2-5 Section 1.0 Statement of Qualifications 1-1 EMC Planning Group King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023

1.0 Statement of Qualifications

1.1 Project Team
EMC Planning Group and Deer Creek Resources have teamed to provide King City with an interdisciplinary team experienced in wildfire protection planning and CEQA-compliance environmental analysis. The table below presents the individual team members who are expected be assigned to the project based on the Scope of Work presented later in this proposal.

EMC Planning Group/Deer Creek Resources Project Team
EMC Planning Group
Staff Project Role Experience
Teri Wissler Adam
Senior Principal Principal-in-Charge 31 years of project management experience in CEQA and NEPA compliance.

Stuart Poulter, AICP, MCRP
Senior Planner Project Manager
8 years of experience in land-use planning including housing and safety elements, wildfire planning, CEQA/NEPA compliance including extensive training and environmental review practice with wildfire hazards, and project management.

Ron Sissem, MRP
Senior Principal
Greenhouse Gas
Analysis Specialist
36 years of project management experience in greenhouse gas assessment and analysis, land-use planning, entitlement management, and CEQA compliance.

Zane Mortensen, MS
Associate Planner Air Quality Modeling 4 years of experience in the field of environmental planning.

Shoshana Lutz
Associate Planner
Environmental
Analyst
6 years of experience in preparing CEQA/NEPA compliance documentation.

Janet Walther, MS
Principal Biologist
Biological Resources
Lead
21 years of experience in the field of biology, biological resources, and permitting and regulatory compliance.

Patrick Furtado, MS
Senior Biologist
Biological Resources
Analyst
13 years of experience in the field of biology, biological resources, and regulatory compliance.

Katherine Hardisty-Cranstone
Assistant Biologist
Biological Resources
Analyst 5 years in the field of biology.

Vanessa Potter, RPA, MA
Registered Professional
Archaeologist
Archaeological
Resources Analyst
10 years of experience in the fields of archaeology and anthropology.

Matt Papurello
Assistant Planner
GIS and Graphics
Technician
2 years of experience in ArcGIS and mapping.

Section 1.0 Statement of Qualifications 1-2 EMC Planning Group King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 Deer Creek Resources
Staff Project Role Experience
Zeke Lunder
Director & Pyrogeographer
Riverbed Wildfire
Prevention Plan
Project Manager
Zeke founded Deer Creek Resources in 2011 and built it into California’s go-to outfit for wildfire analysis and mapping. He has been working as a geographer on wildfire and forestry projects since 1995 and is a certified Fire Manager by the Association for Fire Ecology.

Eric McPherren
Technical Project Manager &
Geospatial Analyst
Plan
Preparation/Mapping
Eric has a background in Physics (BS), Structural Geology (MS), GIS/mapping, and teaching college courses. He has work
published in the Journal of Structural Geology under the title of “The effects of Dissolution–Precipitation Creep on quartz fabrics within the Purgatory Conglomerate, Rhode Island.” This work involved the mapping of regionally deformed geologic units, as well as examining crystal fabrics. This work led Eric to an internship with the Mt. Rainier National Park, ice velocity surveys, and field work supporting LiDAR flights. Since 2017, Eric has represented Deer Creek Resources as a GIS Specialist and Equipment Technician supporting operations on many of
California’s most historic fires. Since early 2022, Eric has filled the roles of geospatial analyst and project manager with Deer Creek Resources in addition to his previous incident support responsibilities.

Spencer Holmes
Data Manager
Mapping Data
Manager
Spencer maintains DCR’s geospatial data library, develops and maintains internal management systems, and supports daily needs of Firestorm and DCR Leadership. He has over six years of experience in land use planning, wetland delineation, vegetation mapping, and environmental document preparation, and is skilled in all major GIS software platforms. Spencer has GIS experience on over 35 major forest fires. Spencer serves as DCR’s primary cartographer and creates all maps.

Nate Daly
Researcher & Writer
Plan Preparation Nate’s background is in journalism, writing and editing. He joined DCR in 2022 and helped complete the Olympic Valley CWPP and is currently leading the outreach, research and communication on the American River Parkway CWPP and the Redding CWPP.

Andrea Bustos &
José Luis Duce Aragüés
Bilingual Public Engagement
Outreach
Assistance/Informati
onal Document
Preparation
Andrea Bustos and José Luis Duce Aragüés are Prescribed Fire Training Specialists for the Watershed Research and Training Center based in Hayfork, California. Andrea is from Ecuador and José is from Spain and are both native Spanish speakers. They bring a wealth of experience and knowledge to their work, having collaborated with communities in many countries around the world.

Organizational Chart
The project team organizational chart outlining the flow of work is provided on the following page.

The chart identifies EMC Planning Group and Deer Creek Resources staff anticipated to work on the project. Resumes for the EMC Planning Group staff members are included in Attachment A, and resumes for the Deer Creek Resources staff members are included in Attachment B.

Qualifications for EMC Planning Group and Deer Creek Resources are provided in the following sections.

RON SISSEM
Principal Planner

JANET ILSE
Senior Biologist

AARON ACKERMAN
Associate Planner E. J. KIM
Desktop Publishing Specialist

VICKIE BERMEA
Human Resouces/Administrative Assistant

BILL GOGGIN
Senior Planner

SALLY RIDEOUT
Principal Planner

BARB KINISON BROWN
Senior Planner

ANDREA EDWARDS
Senior Planner/Certied Arborist

MICHELLE NORMANDIN
Senior Planner/Designer RICHARD JAMES, AICP
Principal Planner

ASHLEY HEFNER
Associate Planner

MICHAEL GROVES, AICP
Senior Principal

CRIS STAEDLER, AICP
Senior Principal

TERI WISSLER ADAM
Senior Principal

ORGANIZATIONAL CHART

TERI WISSLER ADAM
Senior Principal
Principal-in-Charge

STUART POULTER, AICP, MCRP
Senior Planner
Project Manager
Air Quality/GHG/Energy
Zane Mortensen, MS
Associate Planner
Air Quality Modeling
Ron Sissem, MRP
Senior Principal
Greenhouse Gas Specialist
Janet Walther, MS
Principal Biologist
Biological Team Manager
Patrick Furtado, MS
Senior Biologist
Field Biologist/Report Preparation
Katherine Hardisty-Cranstone
Assistant Biologist
Field Biologist

DEER CREEK RESOURCES
Zeke Lunder
Director and Pyrogeographer
Eric McPherren
Technical Project Manager and Geospatial Analyst
Spencer Holmes
Data Manager
Nate Daly
Researcher and Writer
Andrea Bustos
Bilingual Public Engagement
José Luis Duce Aragüés
Bilingual Public Engagement Biological Resources
Cultural Resources
Vanessa Potter, RPA, MA
Registered Professional Archaeologist
Cultural Resources/Report Preparation
Other Environmental Resources
Shoshanna Lutz
Associate Planner
Report Preparation
Graphics/GIS
Matt Papurello
Assistant Planner
GISTechnician

ENVIRONMENTAL ANALYSTS/TECHNICAL SPECIALISTS

PROJECT MANAGEMENT TEAM
Section 1.0 Statement of Qualifications 1-4 EMC Planning Group King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023

1.2 EMC Planning Group
EMC Planning Group is a full-service interdisciplinary land use and environmental planning firm located in Monterey, California. Since its inception in 1978, EMC Planning Group has been guided by exceptional commitment to clients and to client satisfaction. Our firm has earned a reputation for being responsive, attuned to client needs, skilled in developing and implementing strategies to meet client goals, and producing quality products. EMC Planning Group is a State of California certified small business, and a locally-certified green business.

Over the course of 45 years in business, EMC Planning Group has gained rich experience in a broad range of planning and development disciplines. Our firm translates that experience into concrete, focused results in a time and cost-effective manner. EMC Planning Group’s receipt of numerous awards and national recognition is one indicator that our clients and peers acknowledge our expertise.

EMC Planning Group’s success and longevity are due in large part to the diversity, talents, and creativity of its team members. Our land use planners, environmental planners and analysts, biologists, archaeologists, and land use designers are skilled professionals with the ability to deliver practical, yet innovative solutions to land use planning, development design, environmental review, and regulatory compliance challenges.

EMC Planning Group Services
The following services listed below are representative of those EMC Planning Group delivers to its extensive public and private sector clients.
 Land Use Planning: development site selection and evaluation, site planning and design, master planning, architectural and landscape design, permit processing, entitlement process coordination and management, local agency formation commission application processing, and project representation;
 Advanced/General Planning: general plans, specific plans, local coastal programs, zoning codes, housing elements, sphere-of-influence studies, area plans, and vibrancy plans;  Wildfire Resilience Planning and Mitigation Assistance: (In collaboration with the Chicobased, wildfire mapping firm of Deer Creek Resources) wildfire hazard and risk analyses and environmental review/assessment for forest resilience, vegetation management, and wildfire planning projects;
 CEQA and NEPA Compliance Services: initial studies, environmental assessments, environmental impact reports, environmental impact statements, noticing, and findings;  Biological Resources: biological resources assessment, special-status species surveys, wetland delineations, habitat conservation plans, and compliance permitting; Section 1.0 Statement of Qualifications 1-5 EMC Planning Group King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023  Air Quality Analysis: criteria air pollutant emissions, air quality dispersion modeling, and hazard risk assessments using the California Emissions Estimator Model (CalEEMod), Emissions Factor Model (EMFAC), the California Hot Spots Analysis and Reporting Program (HARP), and air dispersion models (ISCST3, AERMOD, & AERSCREEN), regulatory and legislative analysis, impact analysis, and emissions reduction/mitigation strategies;  Greenhouse Gas Analysis: greenhouse gas emissions modeling using CalEEMod and EMFAC, regulatory and legislative analysis, impact analysis, and emissions reduction/mitigation strategies;  Archaeological and Cultural Resources: archaeological surveys, testing, and monitoring, National Public Register eligibility assessments, preparation of cultural resources reports in compliance with CEQA, NEPA, and National Historic Preservation Act (NHPA) Section 106 NEPA compliance; tribal consultation;
 Public Outreach: develop and implement public outreach programs; and  Procedural Planning: contract planning staff services including development review, permit processing and management, policy and regulatory analyses, application preparation and completeness review, land use plan/specific plan preparation, zoning regulation preparation/review, preparation of project consideration packages (staff report, resolutions and ordinances, findings, etc.), environmental documentation preparation, public noticing, preparation of specialized technical documentation, coordinate and manage technical consultants, prepare and monitor project schedules and budgets, public outreach/participation, etc.

Operating Philosophy and Approach
EMC Planning Group maintains a staff of up to 25 team members who assume a variety of roles and responsibilities, and who carry out a full-range of tasks from planning and highly-technical assessments to administrative tasks. This structure allows EMC Planning Group to maintain flexibility with regard to responding to client requests, tracking project management, and controlling costs. Each project is assigned a principal-in-charge and/or a project manager depending on the complexity of the project. An assistant project manager (depending on the size of the project), as well as the necessary number of team members required to assist with research and development, writing sections of environmental documentation, preparation of graphics, and production of the documents may also be assigned.

Staff meetings at EMC Planning Group are held every Monday morning to discuss project schedules and workload. Project meetings are held as necessary and on an impromptu basis to address issues immediately. Monthly progress reports and/or regular communications are prepared to keep the lead agency informed of the work under preparation. New issues or potential challenges are reported in a timely manner.

Section 1.0 Statement of Qualifications 1-6 EMC Planning Group King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 For each project, EMC Planning Group utilizes existing data as appropriate, some of which may require professional peer review. Multi-disciplinary teams that include specialists are also formed to align with the needs of the project.

Qualifications and Past Experience
Qualifications: Wildfire Resilience Planning and Mitigation Assistance EMC Planning Group’s wildfire planning team, working in collaboration with the Chico-based, wildfire mapping firm of Deer Creek Resources, is qualified to assist jurisdictions and private clients with conducting wildfire hazard and risk analyses for a variety of projects utilizing advanced GIS based modeling and mapping tools, as well as environmental review for forest resilience, vegetation management, and wildfire planning projects. We have experience working with various counties, cities, special districts, and agencies, in collaboration with state, regional, and local fire districts, on projects within State-designated “High” and “Very High” Fire Hazard Severity Zones (within both the Local and State Responsibility Areas) and within the Wildland Urban Interface (WUI).

Land Use Planning and Hazard Mitigation
Working in close cooperation with client and collaborating experts, EMC Planning Group staff will assist with:
 Identifying and collecting the background information needed to support a rational and robust project wildfire hazard identification process;
 Preparing project descriptions that are suitable and legally adequate throughout the entire project development and implementation process;
 Conduct feasibility review for single projects or, where there are several potential projects, determine action priorities; and
 Optimize project location based on fire history, vegetation, terrain and assets at risk.

Environmental Review/Assessment
EMC Planning Group staff have extensive experience with CEQA and NEPA compliance. In addition, EMC Planning Group staff have training conducting programmatic environmental review utilizing the recently adopted statewide California Vegetation Treatment Program (CalVTP) and Programmatic EIR. EMC can also prepare any necessary environmental permit applications for vegetation treatment or other wildfire resilience projects and then assist in compliance activities associated with those permits. EMC Planning Group’s wildfire planning team has the environmental and land use experience that is necessary to assist our clients to successfully navigate the complex wildfire planning and permitting process.

Section 1.0 Statement of Qualifications 1-7 EMC Planning Group King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 Past Experience
Town of Corte Madera 6th Cycle (2023 – 2031) Housing Element, Safety Element, and Land Use Update Subsequent EIR - 2021-2023
Client: Town of Corte Madera
EMC Planning Group prepared a subsequent EIR (SEIR) for the Town of Corte Madera’s 6th Cycle (2023-2031) Housing Element Update. The primary action being taken is the 6th Cycle (2023-2031) Housing Element Update. However,
updating the housing element also requires updates to the Safety Element and the Land Use Element of the Town’s 2009 General Plan along with amending Title 18 (Zoning) of the Town of Corte Madera Municipal Code. The SEIR evaluated environmental issues associated with Wildfire Hazards, Visual Resources and Aesthetics, Air Quality, Biological Resources, Energy, Greenhouse Gas Emissions, Noise, Public Services, Utilities, and Transportation (VMT). The Final SEIR was certified by the Town Council in January 2023 and the general plan element amendments were formally adopted by the Town Council in June 2023.

City of Mill Valley 2023 – 2031 General Plan Housing and Land Use Element Update and Zoning Amendments Subsequent EIR - 2022-2023
Client: City of Mill Valley
EMC Planning Group prepared a subsequent EIR for the City of Mill Valley’s 6th Cycle (2023-2031) Housing Element
Update. Updating the Mill Valley Housing Element to address the goals, policies and programs contained in the Housing Element also requires updates to the Land Use Element of the General Plan along with amending Title 20 (Zoning) of the City of Mill Valley Municipal Code. The proposed project includes amendments to the City of Mill Valley 2040 General Plan (general plan) elements (including amending the Housing Element and Land Use Element); map amendments, (including the General Plan Land Use Map and Zoning Map); and amend the City of Mill Valley Municipal Code. The Housing Element Update identifies 265 parcels or “sites” appropriate for the development of housing for a range of income levels. Of the 265 sites analyzed in this SEIR, 170 sites are identified in the Housing Element sites inventory, which is required by state law to illustrate that the City has enough sites to accommodate at least 865 new housing units at a range of income levels. The environmental analysis focused on Wildfire Hazards, Aesthetics, Air Quality, Biological Resources, Energy, Greenhouse Gas Emissions, Noise, Public Services, Transportation (VMT), Tribal Cultural Resources, and Utilities. The draft subsequent EIR was released for public review in January 2023 and the final subsequent EIR was certified, in conjunction with formal adoption of the 6th Cycle Housing Element Update, by the Mill Valley City Council in May 2023.

Section 1.0 Statement of Qualifications 1-8 EMC Planning Group King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 110 Wood Road – Los Gatos Meadows Senior Living Community EIR - 2020-2022 Client: Town of Los Gatos
EMC Planning Group prepared an EIR for the proposed
redevelopment of a senior living community in the Town of Los Gatos in an area that has abundant tree cover, primarily oak woodland immediately adjacent to aa designated high fire hazard zone. The project includes the demolition of an older, vacant senior housing facility in the hills above downtown Los Gatos, and construction of a new senior living community. The proposed project includes the following:
 Eight, three- to five-story buildings rising from a ground level base containing the main building entry and reception, health center, and garage;
 174 independent residential apartments totaling 334,574 square feet with 57 one-bedroom apartments and 117 two-bedroom apartments;
 A 20,588 square foot health center with 17 supporting care units specializing in assisted living care, memory care and respite care;
 35,429 square feet of total amenity space (including fitness and dining areas);  35,280 square feet for back of house and mechanical space; and  91,827 square feet of parking space, with 77 standard parking spaces in the new garage.

The EIR focused on the following key environmental issues: impacts to visual resources (building massing and height) from various locations within the Town and from State Route 17, biological resources including removal of large protected trees and special-status plant species, wildfire hazards including adequate emergency access to and surrounding the project site, geologic concerns, noise, public services, sewer capacity, solid waste, vegetation, growth inducement, water supply and groundwater, cultural resources, transportation (vehicle miles traveled), air quality, greenhouse gas emissions, and energy resources.

In addition to the preparation of the EIR, EMC Planning Group also prepared a focused specialstatus plant survey for the project due to the presence of two special-status plant species on-site during biological surveys as part of the analysis of potential impacts to biological resources. EMC Planning Group also prepared the CEQA findings. The EIR was completed in 12 months and the final EIR was adopted by the Town Council in January 2022.

Section 1.0 Statement of Qualifications 1-9 EMC Planning Group King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 Carmel Area Fire Defense Plan Initial Study/Mitigated Negative Declaration - 2017-2018 Client: Pebble Beach Community Services District
EMC Planning Group prepared an initial study and mitigated negative declaration for the proposed Cypress Fire Protection District Fire Defense Plan, the Carmel Highlands Fire Protection District Fire Defense Plan, and an update to the Pebble Beach Community Services District Fire Defense Plan. Combined, the three plans represent a coordinated and consistent policy approach to maintain emergency access routes and provide standards for systematic fuel reduction programs within each district. fire clearance within each district consistent with the CALFIRE BEU. San Benito – Monterey Unit of CAL FIRE (CAL FIRE BEU) and goals set by stakeholders and California Fire Plan. Stakeholders include California State Parks, Caltrans, Monterey Peninsula Regional Parks District, and Monterey County. The fire district plans are policy documents that set forth standards for fire road maintenance and fuel management activities, and the actions that are necessary to implement them. Hazardous fuel reduction activities include vegetation management and removal through the use of mechanized equipment, hand tools, herbicide applications, prescribed burns, and enhanced herbivory.

The three districts are located in the CAL FIRE BEU Battalion 2 service area, and cover a majority of the developed coastal area from the cities of Pacific Grove and Monterey south to Mal Paso Creek and the Victorine Ranch in unincorporated Monterey County, approximately five miles south of the Carmel River. All three districts contain high fire hazard areas and span several Monterey County planning areas, for which a number of area and land use plans provide policy guidance for activities within the district boundaries. The initial study analyzed the impacts to the environment that would result from implementation of each district’s plan policies and appropriate policy mitigation measures were developed as needed to provide procedures that will avoid or minimize identified significant, or potentially significant, impacts to a less-than-significant level. The mitigation measures would then be incorporated into the final policy documents prior to the respective district’s implementation of its plan. The proposed maintenance and access policies were evaluated within the context of the physical characteristics and regulatory context for each district to determine if significant impacts would occur as a result of their implementation, and appropriate mitigation measures as policy were developed as needed to reduce potentially significant impacts to a less-than-significant level. The mitigation measures would then be incorporated into the final policy documents. All topics in Appendix G of the CEQA Guidelines were analyzed mitigation measures were identified to avoid or minimize impacts to a less than significant level for biological resources, cultural resources, geology/soils, hazardous materials, and noise.

EMC Planning group also conducted reconnaissance-level biological surveys prior to the implementation of CAL FIRE/Neighborhood Association defensible space program activities within a portion of the Cypress Fire Protection District Boundary. Reports summarizing the Section 1.0 Statement of Qualifications 1-10 EMC Planning Group King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 findings of the surveys, identification of protected plant and animal resources and their habitat were also prepared, proposed activities were evaluated and measures were recommended to avoid or minimize impacts to biological resources that could potentially occur from their implementation Paraiso Springs Resort EIR - 2012-2019
Client: County of Monterey
EMC Planning Group prepared an EIR for a proposed 235-
acre resort in rural, southern Monterey County west of the cities of Soledad and Gonzales, in the foothills of the Santa Lucia mountains, in a very high wildfire hazard severity zone. The proposed project includes an after the fact
demolition permit for demolition of nine historic cottages; a combined development permit consisting of a general
development plan to allow the phased redevelopment of a resort, including 103 hotel rooms; a use permit for the creation of 77 timeshare units; a vesting tentative map for the creation of 60 airspace condominium units; a standard subdivision to allow the merger and subdivision of approximately 235 acres into 23 lots; a use permit for removal of 185 protected oak trees; and a use permit for development on slopes in excess of 30 percent. The environmental issues addressed in the EIR include impacts related to wildfire, visual impacts, air quality, sensitive biological resources including the removal of protected oak trees, demolition of historic resources, archaeological resources, greenhouse gas emissions, surface and groundwater quality impacts, noise, traffic impacts, water demand, and wastewater generation.

1.3 Deer Creek Resources
Established in 2011, Deer Creek Resources (DCR) is the resource management division of Firestorm Wildland Fire Suppression, Inc. Firestorm has been in the wildland fire and forestry business since 1996 and is California’s largest wildland firefighting contractor with over 250 federally-qualified wildland firefighters.

In addition to wildland firefighting, Firestorm/DCR is a leader in wildland fire hazard mitigation, prescribed fire, and forestry services. DCR have completed forestry projects on over 30,000 acres, including thinning, piling, mastication, fuelbreak construction, ecological restoration, post-fire erosion control, and trail maintenance. DCR have successfully implemented ecological burning on over 225,000 acres on forests and rangelands throughout the United States.

DCR uses mapping, innovative wildfire analytics, and applied science to help communities and landowners prepare for wildfire, manage watersheds and wildlands, and increase the transparency of land management decision making. DCR use our expert knowledge of wildfire behavior and land management to develop tangible wildfire hazard mitigation projects that affect real changes on the ground.

Section 1.0 Statement of Qualifications 1-11 EMC Planning Group King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 DCR’s pre-fire plans improve public safety and benefit the landscape by:
 Identifying places where a wildfire might trap and kill people or destroy property  Establishing priorities for fuel reduction and habitat restoration  Integrating wildfire management with other land management objectives  Reducing the risk of natural resource damage from severe fire and fire suppression activities  Improving fire suppression effectiveness, as well as firefighter safety  Preventing infrastructure losses/property damage during wildfire incidents DCR staff use the following tools to assess fire hazard across landscapes:
 Geographic Information Systems (GIS)
 Cartography/mapmaking
 Satellite imagery, aerial photography, and LiDAR
 Fixed-wing aerial imagery, orthophotography and UAV piloting  Ground-based fuel mapping and surveys
 Numeric wildfire behavior models
 Qualitative data via interviews with knowledgeable locals  Application of peer-reviewed science
DCR’s wildfire mitigation experts have helped to develop wildfire pre-plans in the Lassen Foothills, Klamath Mountains, Lake Tahoe Basin, Central Coast, Klamath Mountains, and for Plumas, El Dorado, Amador, Monterey, Nevada, and Yuba Counties. Our staff developed a major hazardous fuels reduction project for University of California’s Lick Observatory on Mount Hamilton, in Santa Clara County, and also developed the Plumas County Hazardous Fuel Assessment & Strategy. DCR recently completed a community wildfire protection plan (CWPP) for the Olympic Valley and are currently developing CWPPs for the American River Parkway in Sacramento and for the City of Redding.

DCR has provided professional GIS mapping services for major planning efforts including the South Lassen Watersheds Project, the Northern Sacramento Valley Integrated Regional Water Management Plan (NSV-IRWM) and Upper Feather River IRWM projects. Among other things, DCR have performed vegetation mapping of coastal wetlands for public agencies, developed field mapping applications for petroleum pipeline right-of-way inspectors, built map-based asset catalogs for major winery properties, and used aerial LiDAR data to conduct a timber inventory across 65,000 acres. DCR can also perform UAV and fixed-wing aerial surveys to create orthomosaic images of landscapes, from five acres to 50,000.

Section 1.0 Statement of Qualifications 1-12 EMC Planning Group King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 DCR’s pre-fire plans improve public safety and benefit the landscape by integrating wildfire management with other land management objectives to reduce the risk of natural resource damage from severe fire or fire suppression activities and preventing infrastructure and property losses.

DCR have experience with all aspects of wildland fire management and mitigation throughout California. DCR’s mapping crews have provided GIS support to CAL FIRE and the USDA Forest Service on several of the most destructive urban-interface fires in California’s history.

Firestorm has implemented wildfire hazard mitigation vegetation management projects resulting in tens of thousands of acres being treated. DCR understand the workflow of wildfire mitigation, from project conception to implementation, and emphasize follow-up and regular maintenance to maintain favorable conditions.

Deer Creek Resources Project Team
DCR staff have qualifications in GIS, cartography, wildfire science, forestry, incident mapping and fuels planning. In addition, oversight and advice may be provided by veteran wildland firefighters and credentialed prescribed fire experts at Firestorm. Attachment C, Deer Creek Resources Statement of Qualifications and Staff Resumes, provides a more detailed statement of qualifications for Deer Creek Resources and a detailed curriculum vitae for Deer Creek Resources director and founder, Zeke Lunder.

Related Experience & Professional References
American River Parkway Community Wildfire
Protection Plan – 2022-2023 (In Progress)
Client: American River Parkway Foundation
CWPP in process covering the entirety of the American
River Parkway from Nimbus Dam to the confluence with
the Sacramento River. Completed CWPP will supplement
the Sacramento Regional Parks Natural Resource
Management Plan for the American River Parkway,
providing guidance on hazard mitigation and wildfire
response. The CWPP will allow the Regional Parks and
other stakeholders to be eligible for grant funding
programs related to wildfire.

Olympic Valley Community Wildfire Protection Plan – 2021-2022 Client: Olympic Valley Public Service District
CWPP identifies and prioritizes fuel reduction and wildfire prevention strategies within the Olympic Valley Fire Department’s service area. The plan addresses wildfire response, hazard mitigation, community preparedness, home hardening and structure protection. The CWPP will be used to Section 1.0 Statement of Qualifications 1-13 EMC Planning Group King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 guide the District’s Fuels Management Program and will allow the Olympic Valley community to be eligible for many wildfire prevention grant funding programs. The Olympic Valley Public Service District Board approved the CWPP in November 2022.

South Lassen Watershed Assessment – 2021
Client: U.S. Department of the Interior, Bureau of Reclamation Assessed landscape-scale wildfire hazards and suppression/management options on 850,000 acres in Northeastern California. Facilitated collaborative mapping exercises, modeled potential fire spread, and used GIS analysis to prioritize areas for mechanical thinning and prescribed fire. Much of the project area burned during Dixie Fire, and DCR evaluated accuracy of fire behavior models after the fire.

City of Chico Community Wildfire Protection Plan – 2020-2021 Client: City of Chico
Using a collaborative process, DCR developed a CWPP
that assessed wildfire risks, community preparedness,
defensibility and potential hazard mitigation projects for Chico and the surrounding areas. The project extensively described the greater Chico area’s wildfire risk, simulated potential wildfire disasters within the urban area, identified critical risk areas and high-risk neighborhoods,
recommended specify fuel treatment projects, policy
enforcement improvements and public outreach initiatives to elevate the community’s relationship with wildfire risk.

This project is summarized in a Story Map available at:
deercreekgis.com/digital-storytelling
Western El Dorado County Community Wildfire Protection Plan Update – 2021-2022 Client: El Dorado Fire Safe Council
DCR updated Western El Dorado County’s CWPP, tracking the progress of fire mitigation and fuel reduction projects initiated by the original 2017 plan. The updated document, created in partnership with WildlandRx and the El Dorado Fire Safe Council, covered multiple communities and towns, providing officials, organizations and shareholders with a new “road map” to address their current fire hazards.

Lick Observatory Wildfire Safety Project – 2016-2017
Client: University of California
DCR designed a wildfire safety vegetation management plan, wrote detailed work and maintenance specifications, helped choose a contractor, and supervised implementation of this $650,000 project.

This project cut and removed hazardous wildfire fuels around irreplaceable historic telescopes at a major mountain top observatory outside of San Jose, California.

Section 1.0 Statement of Qualifications 1-14 EMC Planning Group King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 This project was tested when the SCU Lightning Complex wildfires burned across the area in 2020.

The high-intensity fire impacted the site at night and all major facility buildings survived with minimal air support.

Section 2.0 Scope of Work 2-1 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023

2.0 Scope of Work
The City of King (City) seeks to provide wildland fire protection and fuels management along portions of the Salinas River and San Lorenzo Creek (proposed project area) through the preparation of a Riverbed Wildfire Prevention Plan (proposed project). It is noted the proposed project area is located within a Local Responsibility Area (LRA) and is located in areas designated as a “Non-Very High Fire Hazard Severity (VHFHS)” Zone or part of an “Incorporated City” by the California Department of Forestry and Fire Protection (CAL FIRE) Monterey County Very High Fire Hazard Severity Zones in LRA As Recommended by CAL FIRE (November 2008).

Our team proposes the following scope of work:

Task 1 Stakeholder Outreach Plan and Community Outreach (EMC Planning Group and Deer Creek Resources)
The development of the King City Riverbed Wildfire Prevention Plan (“Riverbed Wildfire Prevention Plan” or “the Plan”) is a collaborative effort that will involve multiple jurisdictions, requiring a commitment from agency leaders and staff to implement the Plan. In addition, potential stakeholders include residents of the area, nearby public agencies including Monterey County, other City staff, the San Benito-Monterey (CAL FIRE) Unit, and organized groups, including, but not limited to, neighborhood associations, property owners’ associations, and the Fire Safe Council for Monterey County. Stakeholder engagement will be led by EMC Planning Group and Deer Creek Resources, with City staff providing technical support and facilitation services.

Task 1.1 Stakeholder Outreach Plan
EMC Planning Group and Deer Creek Resources, in collaboration with City staff, will develop a Stakeholder Outreach Plan to solicit stakeholder and community input during the preparation of the Riverbed Wildfire Prevention Plan.

A draft Stakeholder Outreach Plan will be developed early in the process to determine the best path forward associated with stakeholder and community outreach. EMC Planning Group and Deer Creek Resources will submit the draft Stakeholder Outreach Plan to City for review and comment.

After receiving comments and edits from City staff, a final Stakeholder Outreach Plan will be completed and serve as the blueprint for outreach going forward in the process.

Section 2.0 Scope of Work 2-2 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 Task 1.2 Stakeholder Working Group(s) and Stakeholder Meetings EMC Planning Group and Deer Creek Resources, in collaboration with City and County staff, will develop a stakeholder working group and convene at least two (2) stakeholder meetings in the early phases of the project to gather information and input from knowledgeable representatives from the following primary collaborators:

Government/Special Districts
 California Department of Forestry and Fire Protection (CAL FIRE) (San Benito-Monterey Unit)
 South Monterey County Fire Protection District
 County of Monterey Housing and Community Development (Planning)  Resource Conservation District (RCD) of Monterey County  Monterey County Office of Emergency Services
 King City Community Development Department
 King City Public Works Department
 King City Fire Department
 King City Police Department
Non-Government Agency Involvement
 Fire Safe Council for Monterey County
Note: additional stakeholder agencies, community groups and/or individual community members may be identified as important stakeholders to include in the stakeholder outreach process later in coordination with City staff.

The first stakeholder meeting will occur in the initial phases of the project to gather input on initial mapping and modeling efforts. The second workshop shall occur within one month after the initial Community Risk Assessment is completed in Task 2.1 (before the Riverbed Wildfire Prevention Plan is prepared).

Stakeholder Member Responsibilities
Stakeholder members will work in concert to accomplish the following tasks:
 Identify appropriate landscape-scale hazard reduction areas throughout the Plan area;  Develop an Implementation Plan for this project;
 Represent their agency’s commitment to the Plan effort during community meetings; and  Work to create bottom-up interest in community wildfire resilience.

Section 2.0 Scope of Work 2-3 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 Task 1.3 Community Outreach
The City and EMC Planning Group shall work together to identify appropriate existing websites social-media channels to keep stakeholders informed on the progress and status of the Riverbed Wildfire Prevention Plan planning process and to collect input.

Information on the Plan (including public meetings, workshops, draft documents, etc.) will be disseminated through multiple outlets (press releases, public notices, websites, social media) with the support, guidance, and approval of the City. Deer Creek Resources will develop video and graphic content about the Plan project throughout the project.

Community Meetings
With the assistance of City staff, EMC Planning Group and Deer Creek Resources shall hold three (3) community meetings. City staff will coordinate the advertisement and logistics of all public meetings. EMC Planning Group and Deer Creek Resources will facilitate the meetings, which will include a collaborative mapping session. EMC Planning Group will prepare summary notes from each community meeting with the potential to be included as an appendix to the Riverbed Wildfire Prevention Plan. Deer Creek Resources can also provide bilingual translation and materials for the meeting specifically associated with Deer Creek Resources-generated mapping and wildfire information. Tentatively, subject to further discussion with City staff, EMC Planning Group and Deer Creek Resources anticipates at least two of these community meetings to be held in-person with one being held virtually.

The intent of the community meetings will be to provide a forum where interested parties can contribute to a conversation about setting priorities for wildfire hazard mitigation projects within the project area. The format of presentations will be informal and interactive providing attendees with information on the approach, the Riverbed Wildfire Prevention planning process, and the tools used in the Plan analyses while offering them opportunity to validate the initial analyses and provide input into the development of risk and hazard mitigation strategies. EMC Planning Group and Deer Creek Resources will use paper and digital maps to facilitate these meetings, and most note-keeping will be done onto large-scale paper maps of the project area.

A virtual stakeholder meeting/workshop can also be conducted to gather comments upon release of the draft Riverbed Wildfire Prevention Plan.

Any additional requests for additional meetings will be charged on an hourly basis via a contract amendment to EMC Planning Group and Deer Creek Resources.

Educational Information Materials
EMC Planning Group, in collaboration with Deer Creek Resources and City staff, will develop bilingual educational information in the form of maps, flyers, social media outreach, and other marketing materials, on fire prevention measures for residents living within King City and the surrounding area.

Section 2.0 Scope of Work 2-4 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 Task 2 Riverbed Wildfire Prevention Plan (Deer Creek
Resources)
This project will create a Riverbed Wildfire Prevention Plan (Plan) for the City of King City (City).

The Deer Creek Resources (DCR) project team will use geographic information systems (GIS) data analysis, expert knowledge, including knowledge of nature-based solutions, and field surveys to create a wildfire risk map and prioritize wildfire hazard mitigation projects. The plan will provide guidance and strategies for increasing the overall wildfire resilience of the community, and seek to protect and enhance the habitat and ecological value of the project area.

Task 2.1 Community Risk Assessment
Assess Existing Conditions
DCR will develop an existing conditions assessment using remote sensing, field surveys and fire behavior modeling. DCR will follow the goals of the project, evaluate natural and man-made resources, review local and state laws and regulations, and evaluate access for vegetation management and fire incident emergencies. Modeling will demonstrate potential fire scenarios under existing fuel conditions.

Remote Sensing & Preliminary Hazard Assessment
DCR will calculate vegetation density using digital image analysis and aerial photo interpretation for the riverbed area. DCR will capture current conditions during a two-day field visit and with fixed wing aerial or UAV photography.

Field Survey & Validation
DCR will survey wildfire hazards on all conservation easements, proofing aerial photos with on-theground observations. DCR’s field survey will include a 1,000-foot buffer outside the riverbed area.

Analysis & Fire Behavior Modeling
DCR will use field-collected data and other remote-sensing data, along with representative fireseason weather data to run predictive wildfire behavior models to demonstrate potential wildfire behavior under current conditions. The outputs of these models will be delivered as paper and digital maps. The model analysis area will extend 1,000 feet outside of the project area in all directions. Figure 2-1, King City Riverbed Wildfire Prevention Plan – Proposed Project Area (with 1,000-foot Buffer), presents the proposed project area as understood from the RFP and based on DCR’s proposed mapping approach. DCR will use the most current science-based modeling tools and data sources to complete a city-wide hazard assessment and defensibility analysis using factors such as vegetation, topography, and weather. Specifically, DCR will use wildfire spread modeling software to present a “worst-case scenario” analysis, with a 1000-foot buffer surrounding the project area. 2017 LiDAR data is available for the modeling process, and weather data and fire spread rates and mechanisms observed during the 2019 Lonoak Fire and 2020 Circle Fire will be used to calibrate the model runs. This modeling allows efficient planning for mitigation projects, evacuation plans and predictive analysis.

King City Riverbed Wildfire Prevention Plan Proposal
Proposed Project Area (with 1,000-foot buffer)
Figure 2-1
Source: Deer Creek Resources 2023
0 1400 feet
Section 2.0 Scope of Work 2-6 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 This side intentionally left blank.

Section 2.0 Scope of Work 2-7 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 Task 2.2 Riverbed Wildfire Prevention Plan
Community Base Map(s)
DCR has developed a work process that is largely map-driven, with meeting and collaboration session notes captured on printed project maps. DCR shall produce a series of maps that clearly communicate the concepts and findings with the public and stakeholders. Maps will be available in paper form and as digital assets. Collaborating with its staff, DCR will assist the City to:
 Identify inhabited areas and high-value assets at elevated fire risk.  Define hazard severity categories as zones.
 Based on the completion of the hazard and risk analysis, DCR shall produce maps depicting the results, including, but not limited, to:
• Base data (vegetation types, density, slopes, fire history, inhabited areas, infrastructure, etc.); • Fire spread modeling under multiple spatial and weather scenarios; • Ember exposure zones;
• Parks, greenways, preserves and open spaces;
• Vegetation management project areas; and
• Specific fire safe recommendations for neighboring residential areas and businesses Prepare Riverbed Wildfire Prevention Plan
DCR will deliver a draft Plan that includes a narrative description of the project area, discussion of current fuel conditions, and summary of assessment methods. All maps will be provided in PDF format. Geotagged photos will be delivered with Google Earth KML files.

The plan will include vegetation management recommendations and a prioritized project list for the City. The Plan will also include an Action Plan and Assessment Strategy to identify roles and responsibilities, funding needs, and timetables to carry out priority vegetation management projects.

Implementation details will include timing recommendations for work, identify emergency and work crew access, and provide estimated costs. Best practice guidelines for vegetation removal will be developed. In addition, DCR will work with EMC Planning Group staff to identify the needed permits to work within the San Lorenzo Creek and Salinas River areas, as well as analyze and include in the Plan data, analysis and information needed for permit applications for regulatory agencies (e.g., U.S. Fish and Wildlife, CDFW, FEMA, Section 404 Clean Water Act, Streambed Alteration Agreement, etc.). EMC Planning Group will also contribute draft policy/program language for inclusion in the City’s General Plan Safety Element update to ensure consistency with the Riverbed Wildfire Prevention Plan.

Section 2.0 Scope of Work 2-8 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 After reviewing and addressing City staff edits, a final Plan will be submitted by DCR for consideration and approval by the City. This scope and cost assume up to five (5) hard copies of the final Plan will be provided to City staff for distribution. Additional hard copies can be provided at an additional cost.

Task 3 Environmental (CEQA) Review (EMC Planning
Group)
EMC Planning Group proposes the following scope of work associated with environmental review of the proposed project. Based on EMC’s current understanding of the project, it is assumed the project would likely require preparation of an initial study/mitigated negative declaration (IS/MND); however, if any significant and unavoidable impacts are determined in the course of preparing the environmental review documentation, an environmental impact report (EIR) would be required and a separate cost and scope would be prepared.

Task 3.1 Project Management and Administration
This task includes project management tasks, including but not limited to, client consultation, team management, administration, etc. In addition to project management tasks, Task 4.2 includes time and budget assumptions for Zoom meetings and telephone conferences.

Task 3.2 Research and Development
This task includes the following: review all project-related materials that have been prepared by the City; and review appliable background documentation including, but not limited to, the King City General Plan, King City General Plan EIR, the 2014 Monterey County Salinas River Management Program EIR, the 2019 Salinas River Long-Term Management Plan, and any environmental documentation on projects in the general vicinity. These will be obtained from City and/or County staff, if available.

Task 3.3 Tribal Consultation Assistance
This task includes assistance with tribal consultation pursuant to Assembly Bill (AB) 52. It includes, preparation of consultation offer letter(s), based upon the City’s list of tribes requesting consultation, and attendance at one virtual consultation meeting. Additional support can be provided if desired by City staff.

Task 3.4 Initial Study/Mitigated Negative Declaration
Task 3.4.1 Administrative Draft Initial Study
An administrative draft initial study will be prepared to address the potential environmental impacts associated with implementation of the Riverbed Wildfire Prevention Plan. The administrative draft initial study will also address all environmental issues addressed in the CEQA Guidelines Appendix G Checklist. The overall approach will be a thorough documentation of existing Section 2.0 Scope of Work 2-9 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 conditions, environmental analysis, careful identification of probable impacts, and presentation of applicable thresholds and mitigation measures and will be sufficient so all necessary permits can be issued by applicable permitting agencies. EMC Planning Group will evaluate whether the project, with incorporation of mitigation measures, would result in significant environmental impacts. Brief explanations will be provided for topics for which no impact is expected and/or for which applicable reference documents can be cited to show there is no impact. Expanded analyses will be prepared for impacts with potential significance. In addition, the initial study/ will include recommended policy/program language for the City to utilize in updating their General Plan Safety Element.

One (1) electronic copy will be provided for City staff review and comment. The administrative draft initial study will be submitted in alignment with the submittal of the draft Riverbed Wildfire Prevention Plan.

Task 3.4.2 Field Surveys and Technical Analyses
The following field surveys and technical analyses will be conducted in support of and to inform the CEQA analysis.

Task 3.4.2.1 Biological Resources
Research
EMC Planning Group biologists will identify and analyze biological resource issues and potential constraints associated with implementation of the City’s proposed Riverbed Wildfire Prevention Plan.

Reconnaissance-level Field Survey and Report
Upon completion of the literature review (including previous biological resource assessments prepared for the County’s 2014 Monterey County Salinas River Management Program EIR) and preliminary identification of potentially occurring sensitive biological resources, EMC Planning Group biologists will conduct a reconnaissance survey of the entire project site to identify the locations of sensitive biological resources, and of potentially occurring sensitive resources. EMC Planning Group biologists will also note the location of habitats potentially supporting special-status species, streams and associated riparian vegetation, and wetlands. EMC will preliminarily note the location of sensitive resources and habitat potentially supporting these resources. EMC Planning Group will then provide a brief technical memorandum or letter report with a map identifying the locations of potential resources identified during the survey.

Incorporate Findings into Initial Study and Riverbed Wildfire Prevention Plan Upon completion of the reconnaissance survey and recording/reporting of findings, EMC Planning Group biologists will incorporate those findings into the biological resources section of the initial study. EMC Planning Group biologists also work with Deer Creek Resources to incorporate the findings of these survey and mapping efforts in the Riverbed Wildfire Prevention Plan, so that Section 2.0 Scope of Work 2-10 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 treatment methods will result in avoidance and minimization of impacts to biological resources identified. The letter report and initial study will provide a list of recommended protocol-level focused surveys; provide the rationale for conducting the surveys; supply information on geographic scope and protocol requirements of each survey; and present the preliminary spatial data.

Based on the results of the reconnaissance survey, EMC Planning Group will also advise Deer Creek Resources and the City on potential refinements of the Riverbed Wildfire Prevention Plan to avoid impacts to sensitive biological resources. In addition, EMC Planning Group will serve as a liaison with USFWS and CDFW so that the Riverbed Wildfire Prevention Plan, proposed surveys, and other measures avoid take of species listed under the federal Endangered Species Act and the California Endangered Species Act and are consistent with other agency requirements.

Optional/Potential Future Tasks
EMC’s findings during the reconnaissance-level survey will determine the level of effort required for focused protocol-level biological surveys, which must be completed at the appropriate season to determine the presence of potentially occurring resources, such as rare plants and special-status wildlife. EMC Planning Group can conduct these additional surveys (if needed) under a separate scope of work, if determined necessary.

Under a separate scope of work, EMC Planning Group can also prepare the Biological Resource Training for Workers and any pre-construction surveys or monitoring needed to complete any of the identified mitigation measures.

Assumptions
The biological resources scope of work above is based on the following assumptions:
 The City and/or County will arrange access to all portions of the project area for EMC biologists to conduct their reconnaissance-level field survey;  EMC Planning Group will provide a separate scope of work and cost for any surveys to be conducted beyond the reconnaissance survey;
 No focused or protocol surveys for special-status species will be conducted under this scope of work;
 No formal delineation of waters of the United States/waters of the state will be performed;  Impacts to special-status plant and wildlife species can be avoided or minimized to the extent that Incidental Take Authorization from CDFW and/or USFWS are not required. EMC Planning Group can work with the City and/or County to obtain these permits under a separate scope of work, if determined necessary; and
 Impacts to potentially jurisdictional wetlands, waterways, and riparian vegetation can be avoided or minimized to the extent that permitting from the U.S. Army Corps of Engineers, Regional Section 2.0 Scope of Work 2-11 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 Water Quality Control Board and CDFW will not be required. EMC Planning Group can work with the City and/or County to obtain these permits under a separate scope of work, if determined necessary.

Task 3.4.2.2 Cultural Resources
EMC Planning Group archaeologist, Vanessa Potter, RPA, MA, will perform an archaeological/cultural resource investigation of the project area and prepare an associated Phase 1 archaeological investigation report. The archaeological investigation and associated report will be conducted consistent with the CEQA regulations associated with archaeological, historical, and tribal cultural resources. It is noted that the Monterey County “Archaeological Sensitivity Map” shows the entire project area as having a “Low” archaeological sensitivity; however, areas to the immediate west, south, and east of the project area have “Moderate” to “High” archaeological sensitivity (Monterey County 2023). EMC Planning Group understands that the City is the lead agency on this project for purposes of CEQA compliance, and that at this point, no federal nexus has been identified that would require compliance with Section 106 of the National Historic Preservation Act. The specific tasks required to prepare the archaeological investigation report include a California Historical Resources Information System (CHRIS) records search, background research, fieldwork, and report preparation, as identified below.

Research
EMC Planning Group will request a CHRIS archaeological records search from the Northwest Information Center (NWIC) at Sonoma State University that houses cultural resource records for Monterey County. The records search results will provide a listing of all recorded archaeological sites and investigations completed within the proposed project area. In addition to a review of previously prepared site records and reports, the records search will also review historical maps of the project area, ethnographies, the National Register of Historic Places, the California Register of Historical Resources, the California Historic Property Data File, and the lists of California State Historical Landmarks, California Points of Historical Interest, and Archaeological Determinations of Eligibility.

EMC Planning Group will also contact the NAHC to request a review of their Sacred Lands File and obtain a list of tribal representatives with potential knowledge of cultural resources within the project area.

Reconnaissance-level Field Survey
The archaeological survey will consist of an intensive-level pedestrian survey, conducted by an EMC Planning Group archaeologist, for all accessible portions of the proposed project area. The EMC Planning Group archaeologist will survey the proposed project area for cultural resources, implementing requirements and guidance provided in the Cultural Resources Review Procedures for CAL FIRE Projects (CAL FIRE 2020).

Section 2.0 Scope of Work 2-12 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 Archaeological Investigation Report
EMC Planning Group will prepare an archaeological investigation technical report that will summarize the methods and results of the cultural resources records search, background research, pedestrian survey, and NAHC Sacred Land Files search results and based on the results of the Sacred Lands File search, will present recommendations for appropriate management pursuant to applicable state and local regulations.

Incorporate Findings into Initial Study and Riverbed Wildfire Prevention Plan Upon completion of the reconnaissance survey and archaeological report, as well as tribal consultation pursuant to AB52, EMC Planning Group will incorporate those findings into the cultural resources and tribal cultural resources section of the initial study. The EMC Planning Group archaeologist will also work with Deer Creek Resources to incorporate the findings of these survey and mapping efforts in the Riverbed Wildfire Prevention Plan, so that treatment methods will result in avoidance and minimization of impacts to cultural and/or tribal cultural resources identified.

Task 3.4.3 Screencheck Initial Study/Mitigated Negative Declaration EMC Planning Group will make necessary edits to the administrative draft initial study once comments and edits are received from City staff, and will prepare a screencheck draft of the initial study and mitigated negative declaration. EMC Planning Group will submit one screencheck draft of the IS/MND for final review by the City.

Task 3.4.4 Public Review IS/MND and Public Noticing/Distribution EMC Planning Group will then complete the public review IS/MND and will provide a final PDF as well as all appendices with technical reports and other supporting documentation. The IS/MND will then be released for a required 30-day public review period. This scope and cost include five (5) hard copies of the public review IS/MND be provided for the City’s use and distribution.

Distribution, and preparing CEQA notices, are included as well. Public noticing and distribution tasks include:
 Prepare the Notice of Intent, Notice of Completion, and Notice of Determination;  Post the MND and other required noticing materials with the State Clearinghouse electronically (note: EMC Planning Group will arrange with City staff to be granted access as a “submitter” for the City via the State Clearinghouse’s CEQASubmit submittal portal);  Distribute Notice of Intent to local, state and federal agencies to access the MND on the City’s website;
 Post Notice of Intent with the County Clerk;
 Arrange for publication of the Notice of Intent in the local newspaper; and Section 2.0 Scope of Work 2-13 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023  File Notice of Determination with the County Clerk and State Clearinghouse after project approval.

Note: Costs for publication in a local newspaper, County Clerk fees, and CDFW filing fees are not included in the budget.

Task 3.4.5 Response to Comments and Mitigation Monitoring and Reporting Program EMC Planning Group will prepare response to public comments received on the MND during the 30-day public review period. A response to comments memorandum will be provided. This scope and cost assume no more than twenty (20) agency and public comment letters would be received by the City during the public review period.

In addition, EMC Planning Group will prepare a draft and final mitigation monitoring and reporting program (MMRP) for adoption by the City. Provide one (1) electronic copy.

Task 4 Meeting Participation (EMC Planning Group and Deer Creek Resources)
Task 4.1 Kick-Off Meeting/Site Visit
EMC Planning Group and Deer Creek Resources will attend a kick-off meeting with City and County staff, along with CAL FIRE and any other applicable agency staff. The purpose is to further articulate the project description and project schedule, and to discuss other topics including communications protocols, key environmental issues, potential public controversy, etc.

EMC Planning Group staff would also conduct a site investigation to document existing conditions at the project site and in the vicinity, catalogue land use and resource issues, and prepare photo documentation for use in the IS/MND.

Task 4.2 Periodic Meetings with City Staff and Other Agencies EMC Planning Group and Deer Creek Resources has budgeted up to four additional periodic (virtual) one-hour meetings with City, County, CAL FIRE, and other applicable agency staff to provide project updates and address ongoing information needs and questions. The time and frequency of these periodic check-in meetings will be determined at the kick-off meeting.

Task 4.3 Community Meetings
Three (3) community meetings will be held throughout the planning process and facilitated by EMC Planning Group and Deer Creek Resources, in close coordination with City staff. Two of these meetings will be held in-person and one held virtually. See Task 1 (Stakeholder Outreach Plan) for additional details.

Section 2.0 Scope of Work 2-14 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 Task 4.4 Planning Commission Hearing
EMC Planning Group and Deer Creek Resources has budgeted to attend one Planning Commission hearing to present the final Riverbed Wildfire Prevention Plan and CEQA documentation to consider approval/adoption recommendation to City Council. EMC Planning Group will be prepared to support City staff with responses to questions from commissioners. The meeting would be attended in-person by EMC Planning Group staff and virtually by DCR staff.

Task 4.5 City Council Hearing
EMC Planning Group and Deer Creek Resources has budgeted to attend one City Council hearing to consider approval/adoption of the final Riverbed Wildfire Prevention Plan and CEQA documentation. EMC Planning Group and DCR staff will be prepared to support City staff with responses to questions from City Council members. The meeting would be attended in-person by EMC Planning Group staff and virtually by DCR staff.

Section 3.0 Proposed Schedule 3-1 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023

3.0 Proposed Schedule
Included on the following page is a proposed project schedule that identifies specific completion dates for various tasks and deliverables identified in the RFQ/P. We’ve attempted to meet the City’s desired project completion date of mid-2024.

Section 3.0 Proposed Schedule 3-2 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 This side intentionally left blank.

Activity Name Start Date Finish Date
10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 4 11 18 25 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 Oct 2023 Nov 2023 Dec 2023 Jan 2024 Feb 2024 Mar 2024 Apr 2024 May 2024 Jun 2024 Jul 2024 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 4 11 18 25 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 Authorization to Proceed 9/22/23 9/22/23Kick-Off Meeting/Site Visit 10/4/23 10/4/23Stakeholder Outreach Plan and Community Outreach 9/25/23 1/10/24 Draft Stakeholder Outreach Plan 9/25/23 10/6/23Lead Agency Review 10/9/23 10/13/23Final Stakeholder Outreach Plan 10/16/23 10/20/23Stakeholder Meeting (1) 10/25/23 10/25/23Community Meeting (1) 11/1/23 11/1/23Community Meeting (2) 11/15/23 11/15/23Stakeholder Meeting (2) 12/6/23 12/6/23Community Meeting (3) (Virtual) 1/10/24 1/10/24 Riverbed Wildfire Prevention Plan 10/9/23 5/3/24
Review Existing Documentation/Assess Existing Conditions 10/9/23 11/10/23Field Survey/Stakeholder Meeting(s)/Fire & Fuels Modeling 11/13/23 1/12/24Draft Riverbed Wildfire Prevention Plan 1/15/24 3/8/24Lead Agency Review 3/11/24 4/12/24Final Riverbed Wildfire Prevention Plan 4/15/24 5/3/24 Environmental (CEQA) Review 9/22/23 7/17/24
Research & Development 9/25/23 1/12/24Tribal Consultation Assistance 9/25/23 1/12/24Admin Draft Initial Study 1/15/24 3/8/24Lead Agency Review 3/11/24 3/29/24Field Surveys and Technical Analyses 9/22/23 11/22/23 Biological Resources 9/22/23 11/22/23Cultural Resources 9/22/23 11/22/23 Screencheck Initial Study 4/1/24 4/12/24Lead Agency Review 4/15/24 4/19/24Public Review IS/ MND and Noticing/Distribution 4/22/24 4/25/2430-Day Public Review Period 4/26/24 5/28/24Response to Comments and MMRP 5/29/24 6/14/24Public Hearings (PC & CC) 7/9/24 7/16/24File Notice of Determination 7/17/24 7/17/24 123456789
10 11
121314151617181920212223242526272829303132
King City Riverbed Wildfire Prevention Plan & Environmental Review Schedule July 13, 2023
Section 3.0 Proposed Schedule 3-4 EMC Planning Group
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Section 4.0 Proposed Budget 4-1 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023

4.0 Proposed Budget
Included on the following page is a detailed one-page budget, with proposed staff time and costs included for each task. The budget includes and identifies specific consultant and subconsultant team members and hours estimated for specific tasks (with each team member’s individual billing rate noted). A total cost breakdown for each item/deliverable and a total proposal cost is included as well.

Note: the total proposed cost shown in the attached budget spreadsheet is approximately $18,000 below the City’s identified consultant services allocation ($198,000) in the RFQ/P. If desired by the City, this $18,000 could be held in contingency to be utilized at the discretion of the City as the need arises throughout the project process. This idea can be discussed further with City staff if selected Section 4.0 Proposed Budget 4-2 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 This side intentionally left blank.

Task
Senior Principal
Senior Planner
Associate Planner
Registered Professional Archaeologist
Principal Biologist
Senior Biologist
Assistant Biologist
Graphics
Production Manager
Administrative/
Production
Zeke Lunder – Fuels Design Project
Eric McPherren – Mapping/Fire Behavior
Spencer Holmes – Field Survey & Data Mgmt. & Maps
Nate Daly – Field Survey
Nate Daly - Research, Writing & Editing/Report Revisions José Luis Duce Aragüés - Bilingual Public Engagement
Andrea Bustos & - Bilingual Public Engagement
Jose Luis Duce Aragues - Travel Rate
Andrea Bustos - Bilingual Travel Rate
$275 $195 $165 $125 $210 $170 $125 $140 $125 $115 $250 $180 $150 $150 $200 $400 $400 $300 $300 Task 1 - (Stakeholder Outreach Plan and Community Outreach) 4.0 16.0 12.0 2.0 2.0 4.0 2.0 2.0 Subtotal Task A (Hours) 4 16 12 2 2 0 0 4 2 2 44 0 0 0 0 0 8 8 14 14 44 Per Diem and Mileage Billed for Bilingual Public Engagement $1,026 Subtotal Task A (Cost) $1,100 $3,120 $1,980 $250 $420 $0 $0 $560 $250 $230 $7,910 $0 $0 $0 $0 $0 $3,200 $3,200 $4,200 $4,200 $14,800 Total $1,026 $22,710 $1,026 $23,736 $1,583 $25,319 Task 2 - (Riverbed Wildfire Prevention Plan)Community Risk Assessment (includes Assess Existing Conditions and Analysis & Fire Behavior Modeling) 2 5 2 2 11 $2,195 0 60 48 32 16 0 0 0 0 156 $22,800 Per Diem, Mileage Billed, and Aerial Photography $8,994 $24,995.00 Riverbed Wildfire Prevention Plan (includes Community Base Maps and Plan Preparation) 2 5 2 2 1 1 13 $2,460 40 0 32 0 63 0 0 0 0 135 $14,800 $17,260.00 Subtotal Task B (Hours) 4 10 0 4 4 0 0 1 1 0 24 40 60 80 32 79 0 0 0 0 291 Subtotal Task B (Cost) $1,100 $1,950 $0 $500 $840 $0 $0 $140 $125 $0 $4,655 $10,000 $10,800 $12,000 $4,800 $15,800 $0 $0 $0 $0 $53,400 Total $8,994 $58,055 $8,994 $67,049 $6,239 $73,288 Task 3 - (Environmental Review - CEQA)3.1 Project Management and Administration 8 12 4 24 $5,000 0 $0 Postal/Deliverables $50 $5,000.00 $50.00 $5,050.00 $5,050.003.2 Research and Development 4 8 10 22 $4,310 0 $0 Production Costs $600 $4,310.00 $600.00 $4,910.00 $4,910.00

3.3 Tribal Consultation Assistance 2 8 2 12 $2,360 0 $0 Travel Costs $400 $2,360.00 $400.00 $2,760.00 $2,760.00

3.4 Initial Study/MND 0 $0 0 $0 Miscellaneous (including CNDDB, CHRIS Searches) $600 $0.00 $600.00 $600.00 $600.003.4.1 Administrative Initial Study 4 14 20 8 4 50 $8,750 0 $0 $8,750.00 $0.00 $8,750.00 $8,750.00

3.4.2 Field Surveys and Technical Analyses 0 $0 0 $0 $0.00 $0.00 $0.00 $0.00

3.4.2.1 Biological Resources 2 10 26 22 4 2 66 $10,630 0 $0 $10,630.00 $0.00 $10,630.00 $10,630.00

3.4.2.2 Cultural Resources 2 2 38 4 2 48 $6,500 0 $0 $6,500.00 $0.00 $6,500.00 $6,500.00

3.4.3 Screencheck Draft IS/MND 2 10 14 4 1 4 2 37 $6,480 0 $0 $6,480.00 $0.00 $6,480.00 $6,480.003.4.4 Public Review IS/MND and Public Noticing/Distribution 1 8 2 2 1 1 1 1 2 19 $3,290 0 $0 $3,290.00 $0.00 $3,290.00 $3,290.003.4.5 Response to Comments and Mitigation Monitoring and Reporting Program 4 10 2 2 2 20 $3,970 0 $0 $3,970.00 $0.00 $3,970.00 $3,970.00 Subtotal Task C (Hours) 29 72 46 48 14 31 22 19 11 6 298 0 0 0 0 0 0 0 0 0 0 Subtotal Task C (Cost) $7,975 $14,040 $7,590 $6,000 $2,940 $5,270 $2,750 $2,660 $1,375 $690 $51,290 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total $1,650 $51,290 $1,650 $52,940 $248 $53,188 Task 4 - (Meeting Participation)4.1 Kick-Off Meeting/Site Visit 66 12 $2,820 0 0 4 0 4 0 0 0 0 8 $600 $3,420.00 $0.00 $3,420.00 $3,420.00

4.2 Periodic Meetings with City Staff and Other Agencies 4 12 4 6 4 30 $5,880 4 0 2 0 4 0 0 0 0 10 $1,300 $7,180.00 $0.00 $7,180.00 $7,180.00

4.3 Community Meetings (c) 8 16 16 4 2 2 48 $9,000 4 0 4 0 0 0 0 0 0 8 $1,600 $10,600.00 $0.00 $10,600.00 $10,600.004.4 Planning Commission Hearing 28 10 $2,110 1 0 0 0 1 0 0 0 2 $250 $2,360.00 $0.00 $2,360.00 $2,360.004.5 City Council Hearing 28 10 $2,110 1 0 0 0 1 0 0 0 0 2 $250 $2,360.00 $0.00 $2,360.00 $2,360.00 Subtotal Task D (Hours) 22 50 16 4 6 4 0 4 2 2 110 10 0 10 0 10 0 0 0 0 30 Subtotal Task D (Cost) $6,050 $9,750 $2,640 $500 $1,260 $680 $0 $560 $250 $230 $21,920 $2,500 $0 $1,500 $0 $2,000 $0 $0 $0 $0 $6,000 $27,920 $0 $27,920 $600 $28,520 TOTAL ESTIMATED HOURS 59 148 74 58 26 35 22 28 16 10 50 60 90 32 89 8 8 14 14 TOTAL ESTIMATED LABOR BUDGET $16,225 $28,860 $12,210 $7,250 $5,460 $5,950 $2,750 $3,920 $2,000 $1,150 $12,500 $10,800 $13,500 $4,800 $17,800 $3,200 $3,200 $4,200 $4,200 $159,975 $11,670 $171,645 $8,670 $180,315

TOTAL LABOR BUDGET PER FIRM
NOTES:
a. Markup does not include EMC Planning Group labor.
b. This proposal is valid for 90 days
c. Bilingual public engagement at community meetings included under Task 1 King City Riverbed Wildfire Prevention Plan

LABOR (HOURS) EXPENSES BUDGET
Expense Cost
Labor
($)
Expenses
($)
Subtotal
($)
Deer Creek Resources
$85,775 $74,200
EMC Planning Group
EMC Planning Group
Costs
EMC Planning Group
Hours
Markup*
Subtotal
($)
Deer Creek Resources
Hours
Deer Creek Resources
Costs
Section 4.0 Proposed Budget 4-4 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 This side intentionally left blank.

Section 5.0 Professional References 5-1 EMC Planning Group King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023

5.0 Professional References

5.1 EMC Planning Group
Town of Corte Madera
Martha Battaglia, Senior Planner
(415) 927-5791/[email protected]
City of Mill Valley
Danielle Staude, Senior Planner
(415) 384-4812/[email protected]
Town of Los Gatos
Sean Mullin, AICP, Senior Planner
(408) 354-6823/[email protected]
Pebble Beach Community Services District
Mike Niccum, General Manager
(831) 647-5604/[email protected]
County of Monterey
Mike Novo, Management Specialist
(831) 755-5176/[email protected]

5.2 Deer Creek Resources
American River Parkway Foundation
Dianna Poggetto, Executive Director
916-943-5355/[email protected]
Olympic Valley Public Service District
Jessica Asher, P.E., Board Secretary & Executive Assistant 530-583-4692, ext. 213/[email protected]
Section 5.0 Professional References 5-2 EMC Planning Group King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 Sierra Institute
Jonathan Kusel
530-284-1002/[email protected]
City of Chico Fire Department
Steve Standridge, Fire Chief
530-897-3400/[email protected]
El Dorado County Fire Safe Council
Ken Pimlott, Chair
530-647-1700/[email protected]
University of California Observatories
Anna Korrosy, Associate Director
831-459-5044/[email protected]
EMC Planning Group Resumes

ATTACHMENT
A
Teri Wissler Adam

SENIOR PRINCIPAL

PROFESSIONAL EXPERIENCE
Ms. Wissler Adam joined the firm in 1991 and has been a principal since 2001. Her area of expertise is in California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) compliance.

Ms. Wissler Adam directs the CEQA and NEPA compliance projects for the firm. She has been responsible for a large variety of private projects, including residential, commercial, industrial, mixed-use, and large specific plan and general plan projects. She has also managed several projects for public facilities, such as recycled water projects, roadway projects, bikeway projects, bridge projects, elementary schools, high schools, and college campuses, and other public facilities, such as health clinics, landfills, child development centers, and federal research facilities. She has represented public clients throughout Monterey County, San Benito County, Santa Clara County, Merced County, San Luis Obispo County, San Mateo County, Santa Cruz County, and as far south as Los Angeles County.

EDUCATION
B.S. California Polytechnic State University
at San Luis Obispo, Business
Administration, Concentration in
Environmental Management, 1991

PROFESSIONAL ACHIEVEMENTS
 Presenter, CEQA Seminar, Lorman
Education Services
 Presenter, CEQA Workshop, Association
of Environmental Professionals
 Member, Association of Environmental
Professionals
 Contributor, Environmental Mitigation
Handbook, California’s Coalition for
Adequate School Housing, February 2009
 Past Director/President/Newsletter Editor,
Monterey Bay Area Chapter, Association
of Environmental Professionals

PROFESSIONAL ASSOCIATION
 Member, Association of Environmental
Professionals
STAFF RESUME | EMC Planning Group
Stuart Poulter, AICP, MCRP

SENIOR PLANNER

PROFESSIONAL EXPERIENCE
Mr. Poulter joined the firm in 2015. His responsibilities include project management and preparation of initial studies and environmental impact reports in compliance with the California Environmental Quality Act (CEQA), with a primary interest and project experience in addressing impacts associated with historical (built) resources and wildfire hazards.

Mr. Poulter has demonstrated experience across a range of project types including recreation facilities, school sites, residential subdivisions, transportation facilities, coastal development/infrastructure, and commercial/ tourism development. In addition, Mr. Poulter provides staff support services to various municipal planning departments, where he processes permit applications including: general plan, specific plan, and zoning amendments; tentative maps; urban service area amendments; conditional use/coastal development permits; staff level historic evaluations; and architectural and site reviews. Processing development applications includes plan review and comments to the applicant, preparation of staff reports, findings, and resolutions, and presentations at public hearing. Additionally, he provides private clients with permit processing and entitlement assistance, constraints analysis, land use assessments, and feasibility analyses.

Prior to joining the firm and while completing his graduate degree in City and Regional Planning at Cal Poly-San Luis Obispo, Mr. Poulter worked as an environmental planning intern/technician in the private sector where he was responsible for the preparation of environmental documents in compliance with CEQA/NEPA and the preparation of permit application packages for various coastal and inland projects.

EDUCATION
M.C.R.P. California Polytechnic State
University-San Luis Obispo,
City and Regional Planning Program,
Environmental Planning
Concentration, 2015
B.A. Santa Clara University, History, 2008

PROFESSIONAL CERTIFICATION
AICP – American Institute of Certified Planners,
2018-Present

PROFESSIONAL ASSOCIATIONS
 Secretary, Monterey Bay-Silicon Valley
Chapter Board of Directors, Association of
Environmental Professionals, 2017-2019
 Member, Association of Environmental
Professionals, 2014-Present
 Member, American Planning Association,
California Chapter, 2014-Present

PROFESSIONAL DEVELOPMENT

COURSES
 Introduction to Land Use Planning for
Wildfires in California, CAL FIRE &
Community Wildfire Planning Center
(CWPC), March 2023
 CLE International – CEQA Conference
(San Francisco), December 2022
 Cultural Resource Management: CEQA,
NEPA and Section 106, UC Davis
Continuing and Professional Education,
January 2022

PUBLICATIONS
 Master’s Capstone Project: Recreational
Trail Signage Plan and Draft Trail Map for
California Polytechnic State University, San
Luis Obispo. June 2015. California
Polytechnic State University, San Luis
Obispo.

STAFF RESUME | EMC Planning Group
Ron Sissem, MRP

SENIOR PRINCIPAL

PROFESSIONAL EXPERIENCE
Mr. Sissem worked for EMC Planning Group for three years writing environmental impact reports in the 1980s before taking on international assignments with USAID and the World Bank. His international experience includes national resource and protected area management in Mongolia, environmental auditing/impact evaluation to address business development lending risks in Bosnia and Herzegovina, clean technology deployment in India to reduce greenhouse gas emissions, and environmental compliance for USAID-funded economic development projects.

In 2002, Mr. Sissem returned to EMC Planning Group and has been a principal since 2016. His primary responsibilities are to manage large land planning and environmental review projects. He assists public agencies with California Environmental Quality Act (CEQA) compliance for diverse, complex projects; manages preparation of specific plans and general plans; and manages planning and entitlement processes for private clients.

Mr. Sissem is the firm’s climate change/greenhouse gas emissions specialist. He manages climate change impact analyses for CEQA documents, consults local agencies on integrating climate planning strategies/policy/emission reduction measures into advanced planning documents (e.g. general plans and specific plans), and consults developers on climate change mitigation project design.

EDUCATION
M.R.P. University of North Carolina at Chapel
Hill, Urban and Regional Planning, 1995
B.S. University of California at Santa Barbara,
Geography, 1982
B.A. University of California at Santa Barbara,
Environmental Studies, 1982

PROFESSIONAL ACHIEVEMENTS
 Awards, City of Salinas Economic
Development Element, 2014
 Outstanding Planning DocumentAssociation of Environmental Professional (2016)
 Economic Planning and Development
Award of Excellence-American Planning
Association, California Chapter,
Northern Section (2015)
 Economic Planning and Development
Award of Merit-American Planning
Association California Chapter (2015)
 Presenter, Advanced CEQA Workshop,
Association of Environmental Professionals
(2009, 2010, 2013)
 Authored “A Guide to Maximizing Profits and
Business Stability through Environmental
Management,” produced by the World Bank
 Federation of Bosnia, Ministry of
Environment Achievement Award for
advancement of environmental management
in Bosnia
STAFF RESUME | EMC Planning Group
Zane Mortensen, MS

ASSOCIATE PLANNER

PROFESSIONAL EXPERIENCE
Mr. Mortensen joined the firm in April 2022, as an Assistant Planner to provide support in the preparation of environmental planning and land use documents for a variety of development projects such as residential sites, schools, subdivisions, specific plans, hospitals, and recreational facilities. Primary responsibilities involve conducting air quality and greenhouse gas emissions modeling and analysis, as well as the preparation of environmental review documentation in compliance with CEQA/NEPA regulatory standards.

In May 2019, he was awarded a Master’s of Science degree from the Environmental Science Graduate Program at California State University, Monterey Bay (CSUMB). During his academic career, he developed a range of skills to apply to environmental issues within the community while working on projects for both State and County entities. He also had the opportunity to participate in research focused on the development of water treatment technology aimed at remediating agricultural pollutants from local tributaries.

Upon receiving his Master’s of Science degree in Environmental Science from CSUMB, Mr. Mortensen was hired by the Rural Community Assistance Corporation to facilitate planning efforts that supported drinking water, wastewater, and stormwater infrastructure development for low-income rural communities. His role largely involved overseeing State funded consolidation efforts between small rural community water systems and larger local utility providers.

EDUCATION
M.S. California State University Monterey Bay,
Environmental Science, 2019
B.S. California State University Monterey Bay,
Environmental Science Technology and
Policy, 2017
A.S. Cerritos College, Natural Sciences, 2015
A.A. Cerritos College, Automotive Mechanical
Repair, 2013

CERTIFICATIONS & TRAINING
 UC San Diego CEQA Practice
Certification, current enrollment
 The Safe Drinking Water Act, 2019
 Advanced Water Treatment, 2019
 Successful completion Grade I
Wastewater Plant Operator Examination,
2014

PUBLICATIONS
 Current Conditions and Restoration
Scenarios for the Carmel River and
Riparian Corridor at the Rancho Cañada
Parcel of Palo Corona Park: Carmel Valley
CA, Central Coast Watershed Studies,
March 2019
 Hydrology and Water Quality of the Big Sur
Land Trust Property in Carr Lake, Central
Coast Watershed Studies, April 2019
 Isolation of Microbial Populations with the
Ability to Use Pesticides as a Sole Carbon
Source in Multichannel Woodchip
Bioreactors under a Controlled
Environment, American Chemical Society,
October 2018
STAFF RESUME | EMC Planning Group
Shoshana Lutz

ASSOCIATE PLANNER

PROFESSIONAL EXPERIENCE
Mrs. Lutz joined the firm in 2017 with the primary responsibility of writing initial studies, environmental impact reports, and categorical exemptions in compliance with the California Environmental Quality Act (CEQA). Mrs. Lutz also prepares categorical exclusions under the National Environmental Policy Act (NEPA).

She has experience across a range of project types including residential and commercial development, school sites, recreation facilities, and coastal development/infrastructure. In addition to her environmental work, Mrs. Lutz provides private clients with permit processing and entitlement assistance as well as ongoing municipal planning assistance and representation at public meetings.

Prior to joining EMC Planning Group, Mrs. Lutz worked for the City of Carmel-by-the-Sea in the Community Planning and Building Department. Her responsibilities included assisting with preliminary plan check review for building and planning applications, conducting preliminary site assessments on residential properties, and conducting preliminary design reviews in residential and commercial areas.

EDUCATION
B.S. California State University Monterey Bay,
Environmental Science Technology and
Policy, Emphasis in Ecology and Natural
Resources, 2014

PROFESSIONAL ASSOCIATION
 Member, Association of Environmental
Professionals
STAFF RESUME | EMC Planning Group
Janet Walther, MS

PRINCIPAL BIOLOGIST

PROFESSIONAL EXPERIENCE
Ms. Walther joined the firm in 2003 and has been working in the field of biology since 2000. She is responsible for performing botanical and wildlife surveys; wetland and waters of the U.S. determinations; data analysis; and reports in support of management agreements, permits, and mitigation monitoring. She assists clients in complying with the Federal Endangered Species Act, California Endangered Species Act, Sections 401 and 404 of the Clean Water Act, California Fish and Game Code, and local (county and/or city) regulations.

Ms. Walther works with clients to design projects to avoid or minimize impacts to threatened and endangered species. Where impacts are unavoidable, she helps create mitigation strategies and the application documents necessary to obtain the required permits, including habitat conservation and land management plans.

In addition to her experience in biological survey and reporting, Ms.

Walther is responsible for preparation of environmental documents in compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). She produces a variety of graphics for use in environmental and natural resources documents and routinely works with ArcGIS, AutoCAD, and Adobe
Illustrator/Photoshop.

In previous positions, Ms. Walther inventoried both native and nonnative species in compliance with regulatory requirements, and assisted in preparing California Energy Commission Applications for Certification for four major power plant projects in California. She also conducted biological survey work in southern California and the High Desert and wetland and endangered species survey work in Nevada, Arizona, Georgia, and Florida.

EDUCATION
M.S. California State University Monterey Bay,
Coastal Watershed Science and Policy,
2014
B.S. California Polytechnic State University at
San Luis Obispo, Ecology and Systematic
Biology, 2000 - Concentration:

Environmental Management

CERTIFICATES AND TRAINING
 Biology and Management of California Tiger
Salamander Workshop, Elkhorn Slough
Coastal Training Program, 2007
 Biology and Management of California Redlegged Frog Workshop, Elkhorn Slough Coastal Training Program, 2007
 OSHA 40-hr HAZWOPER Certificate, 2001
and 8-hr Refresher Training, 2002-2007
 California Pesticide Application Certification,
2003/2004
 Army Corps of Engineers Wetland
Delineation Training, 2002

PROFESSIONAL ACHIEVEMENT
 Contributor, Environmental Mitigation
Handbook, California’s Coalition for
Adequate School Housing, February 2009
STAFF RESUME | EMC Planning Group
Patrick Furtado, MS

SENIOR BIOLOGIST

EDUCATION
M.S. San Francisco State University; Conservation Biology, 2012 B.S. University of California, Berkeley; Forestry and Natural Resource Management, 2007

CERTIFICATES AND TRAINING
Society of Wetland Scientists – Certified as Professional Wetland Scientist, PWS #3041, 2018
Morphology and Identification of Flowering Plants Workshop, Jepson Herbarium, 2006
Rare Plants of Eastern San Luis Obispo County Workshop, California Native Plant Society, 2010
Basic Wetland Delineation, San Francisco State University, Romberg Tiburon Center’s Wetland Science Series, 2010
Classification of Vernal Pool Plant Communities Workshop, California Native Plant Society, 2010
Plant Taxonomy Training, California Native Plant Society, 2010 Phylogeny, Taxonomy, and Name Changes in the California Flora Workshop, Jepson Herbarium, 2011
Measuring and Monitoring Plant Populations and Vegetation, California Native Plant Society, 2012
Wetland Hydrology Workshop, San Francisco State University, Romberg Tiburon Center’s Wetland Science Series, 2012
Grassland Ecology, Identification, and Monitoring Workshop, California Native Grasslands Association, 2012
California Natural Diversity Database Training, California Department of Fish and Wildlife, 2013
Wetland Indicator Plants Workshop, San Francisco State University, Romberg Tiburon Center’s Wetland Science Series, 2013
Amphibians of the San Francisco Bay Area Workshop, Laguna de Santa Rosa Foundation, 2014
Tidal Wetland Restoration and the Horizontal Levee Workshop, San Francisco Bay, National Estuarine Research Reserve, 2014 California Tiger Salamander Ecology Workshop, Laguna de Santa Rosa Foundation, 2015
Rare Pond Species Survey Techniques Workshop, Laguna de Santa Rosa Foundation, 2015
Field Practices: Hands-On Restoration Implementation and Maintenance, California Native Grasslands Association, 2015

PROFESSIONAL AND ACADEMIC ASSOCIATIONS
The Wildlife Society – Western Section
California Native Plant Society

PROFESSIONAL EXPERIENCE
Mr. Furtado joined the firm in 2020 and has been working in the fields of biology and regulatory compliance since 2008. He has extensive experience conducting field surveys in central California, in particular with special-status species such as burrowing owl, northern spotted owl, western
snowy plover, bank swallow, Swainson's hawk, Ridgway’s
rail, coho salmon, mission blue butterfly, vernal pool
branchiopods, giant garter snake, San Francisco garter
snake, San Francisco dusky-footed woodrat, salt marsh
harvest mouse, San Joaquin kit fox, and Tidestrom’s lupine.

He has been approved by the U.S. Fish and Wildlife Service as a qualified biologist for several projects involving California red-legged frog and California tiger salamander.

He conducts nesting bird surveys, focused botanical
inventories, and large-scale vegetation mapping. He is a plant and wildlife biologist with experience across a wide diversity of California habitats.

He helped design, implement, and monitor a variety of
wetland and riparian restoration projects. He has also
conducted regulatory agency coordination for wetland
issues with the U.S. Army Corps of Engineers, California Department of Fish and Wildlife, Regional Water Quality Control Board, and California Coastal Commission.

Mr. Furtado specializes in biological fieldwork, resource management, regulatory permitting, planning, and
preparation of technical reports. His expertise extends across a wide range of California ecosystems including
fresh and salt water marsh, riparian woodland, vernal pool, grassland, chaparral, oak woodland, coastal scrub, and
coniferous forest. He integrates multiple disciplines
including wildlife surveys, remote sensing and GIS analysis, riparian and wetland hydrology, plant systematics and
taxonomy, vegetation mapping and classification, fluvial geomorphology, habitat assessment, soil classification, wetland delineation, historical ecology, and invasive species management.

STAFF RESUME | EMC Planning Group
Katherine Hardisty-Cranstone

ASSISTANT BIOLOGIST

EDUCATION
B.S. Colorado State University;
Fish, Wildlife, and Conservation Biology,
Concentration in Wildlife Biology, 2017
Field Studies: Todos Santos, Mexico; Karatu,
Tanzania

CERTIFICATES AND TRAINING
• Western Burrowing Owl Workshop, July 2022
• SWPPP Certification, August 2022

PUBLICATIONS
• Author, Rust in Peace: Abandoned and run
around, derelict vessels have turned the
Delta into a shifting graveyard that moves
with the tide, Outdoor California, Volume 80,
No. 4, July 2019

PROFESSIONAL EXPERIENCE
Mrs. Hardisty-Cranstone joined EMC Planning Group in May 2023 as an Assistant Biologist. Responsibilities include general biological field surveys; focused surveys/habitat assessments for special-status wildlife species; jurisdictional wetland and waterway delineation; regulatory agency coordination,
permitting and compliance support; and the preparation of resources technical reports and CEQA/NEPA biological
resource impact analysis.

Mrs. Hardisty-Cranstone’s skills include plant collection and identification, trail maintenance, and invasive species removal.

She is additionally proficient at GIS mapping, ArcGIS, and ArcMAP. Previous experience includes working as an Assistant Biologist for Rana Creek Cohabitat Co where she performed vegetation surveys, nesting bird surveys, construction
monitoring, day and night surveys for, bats, California red-legged frogs, and California tiger salamanders, and assisted in California red-legged frog relocation efforts. In addition, she wrote biological assessments for the California Coastal Commission, CEQA/NEPA compliance, and county, state,
and federal agencies.

During her university years, Mrs. Hardisty-Cranstone worked for the Colorado State University Herbarium and performed vegetation surveys and plant collections. She also spent time with the Colorado Conservation Corps performing fuels
mitigation work in the foothills of Fort Collins.

STAFF RESUME | EMC Planning Group
Vanessa Potter, MA, RPA

REGISTERED PROFESSIONAL

ARCHAEOLOGIST

EDUCATION
M.A. San Jose State University,
Applied Anthropology, 2010
B.A. University of Hawaii, Manoa;
Anthropology, 2000
AWARDS
 Microgrant in Applied Anthropology from San
Jose State University, 2009

PUBLICATIONS
An Inventory of Paleoindian Ornamentation, Current Research in the Pleistocene, Volume 22, 2005
A class III cultural resources survey of 38.25 acres near Ina and Artesiano roads, Town of Marana, Pima County, Arizona, Published Tucson, Arizona: WestLand Resources, 2005.

A class III cultural resources survey of 5.36 acres near Cortaro Farms Road, Pima County, Arizona: Desert Son Survey, Tucson, Arizona: WestLand Resources, 2005.

A class III cultural resources survey of approximately 0.1 acres in Willcox, State Route 186: SR 186 Willcox ADOT permit, Tucson, Arizona: WestLand Resources, 2005.

A class III cultural resources survey of approximately 3.5 acres near State Route 77, for the Steam Pump Development, Oro Valley, Pima County, Arizona, Tucson, Arizona: WestLand Resources, 2005.

A class III cultural resources survey of approximately 6.9 acres for State Route 287 in Casa Grande, Arizona: SR 287 Casa Grande ADOT permit, Tucson, Arizona: WestLand Resources, 2005.

Class III cultural resources survey of 54.35 acres near Snyder Hill Road and Desert Sunrise Trail: Snyder Hill Estates, Tucson Arizona:

WestLand Resources, 2005
A class III cultural resources survey of 2.28 acres near River Road and First Avenue, Pima County, Arizona, 1090 East River Road due diligence, Tucson, Arizona: WestLand Resources, 2005
A class III cultural resources survey at the Highway 80 and Country Club 35-acre property, Cochise County, Arizona, Tucson, Arizona:

WestLand Resources, 2006
A class III cultural resources survey of 21 acres at Pima Mine Road, Pima County, Arizona, Tucson, Arizona: WestLand Resources, 2006
A class III cultural resources survey of 22 acres in Benson, Cochise County, Arizona: White Rock Canyon, Tucson, Arizona: WestLand Resources, 2006
A class III cultural resources survey of 55 acres west of Benson, Cochise County, Arizona, Tucson, Arizona: WestLand Resources, 2006

PROFESSIONAL EXPERIENCE
Ms. Potter joined EMC Planning Group in June 2023
and is a Registered Professional Archaeologist (RPA).

Ms. Potter is responsible for conducting
archaeological surveys, database inquiries, Sacred
Lands records searches, Native American
consultation, archaeological testing, and making
recommendations for listing through the California
Register of Historical Resources (CHRIS) and the
National Register of Historic Places (NRHP). Other
responsibilities include preparing cultural resources
sections of environmental documentation in
compliance with the California Environmental Quality
Act (CEQA) and the National Environmental Policy
Act (NEPA).

Ms. Potter has worked in the fields of Archaeology
and Anthropology since 2000, and specializes in
resources management, ethnography, and project
curation. Previous work experience includes founding
her own ethnographic analysis company. She also held
the positions of Research Assistant and Project
Assistant within the Archaeology departments for
various universities and research institutes.

STAFF RESUME | EMC Planning Group
Matthew Papurello

ASSISTANT PLANNER & GIS/GRAPHICS TECHNICIAN

PROFESSIONAL EXPERIENCE
Mr. Papurello joined the firm in 2021. His responsibilities include creating and editing shapefiles, as well as, maintaining an up to date database of these shapefiles to be used in ESRI ArcGIS for the spatial analysis of ongoing and future projects. He is also experienced in Adobe Suites for graphical illustration and preparation. Mr. Papurello is also responsible for assisting with project research and various other planning projects.

Prior to joining the firm, while completing his coursework at CSU Monterey Bay, Mr. Papurello worked on a team of 4 students which completed a Before-After Contol-Impact (BACI) study on the Carmel River. The purpose of the study was to monitor the effect of dam removal on salmonid spawning habitat. Mr. Papurello’s primary duties on this project were to provide graphics produced on ArcMap for spatial analysis, as well as, field data collection.

EDUCATION
B.A. California State University Monterey Bay,
Environmental Science Technology and
Policy, 2020

TRAINING
 ESRI ArcGIS Map Making and
Spatial Analysis Course
 Was on a team which performed a
Before-After Contol-Impact (BACI) study
on Carmel River post San Clemente Dam
removal project
Deer Creek Resources Statement of Qualifications
and Staff Resumes

ATTACHMENT
B
Statement of Qualifications
Deer Creek Resources
1100 Fortress, Ste 2
Chico, California, 95973
530-891-0471
[email protected]
deercreekresources.com
Established in 2011, Deer Creek Resources (DCR) is the resource management division of Firestorm Wildland Fire Suppression, Inc. Firestorm has been in the wildland fire and forestry business since 1996, and is California’s largest wildland firefighting contractor with over 250 federally-qualified wildland firefighters.

In addition to wildland firefighting, Firestorm/DCR is a leader in prescribed fire, wildland fire hazard mitigation and forestry services. We have completed forestry projects on over 30,000 acres, including thinning, piling, mastication, fuelbreak construction, ecological restoration, postfire erosion control, and trail maintenance. Additionally, we have successfully implemented ecological burning on over 225,000 acres on forests and rangelands throughout the United States.

DCR uses mapping, cutting-edge wildfire analytics, and applied science to help communities and landowners prepare for wildfire, manage watersheds and wildlands, and increase the transparency of land management decision making. We use our expert knowledge of wildfire behavior and land management to develop tangible wildfire hazard mitigation projects that affect real changes on the ground.

Our pre-fire plans improve public safety and benefit the landscape by:
● Identifying places where a wildfire might trap and kill people or destroy property ● Establishing priorities for fuel reduction and habitat restoration ● Integrating wildfire management with other land management objectives ● Reducing the risk of natural resource damage from severe fire and fire suppression activities
● Improving fire suppression effectiveness, as well as firefighter safety ● Preventing infrastructure losses/property damage during wildfire incidents We use the following tools to assess fire hazard across landscapes:
● Geographic Information Systems (GIS)
● Cartography/mapmaking
● Satellite imagery, aerial photography, and LiDAR
● Tree-ring analyses (dendrochronology)
● Ground-based fuel mapping/surveys
● Numeric wildfire behavior models
● Qualitative data via interviews with knowledgeable locals ● Application of peer-reviewed science
Experience:

DCR’s wildfire mitigation experts have helped to develop wildfire pre-plans in the Lassen Foothills, Klamath Mountains, Lake Tahoe Basin, Central Coast, Klamath Mountains, and for Plumas, El Dorado, Amador, Monterey, Nevada, and Yuba Counties. Our staff developed a major hazardous fuels reduction project for Lick Observatory, on Mount Hamilton, in Santa Clara County, and also developed the Plumas County Hazardous Fuel Assessment & Strategy.

DCR has also provided professional GIS mapping services for major planning efforts including the South Lassen Watersheds Project, the Northern Sacramento Valley Integrated Regional Water Management Plan (NSV-IRWM) and Upper Feather River IRWM projects. Among other things, we have performed vegetation mapping of coastal wetlands for public agencies, developed field mapping applications for petroleum pipeline right-of-way inspectors, built mapbased asset catalogs for major winery properties, and used aerial LiDAR data to conduct a timber inventory across 65,000 acres.

Project List:

For our full project history, please visit https://www.deercreekgis.com/deer-creek-project-history/ Olympic Valley Community Wildfire Protection Plan – 2021-2022 CWPP identifies and prioritizes fuel reduction and wildfire prevention strategies within the Olympic Valley Fire Department’s service area. The plan addresses wildfire response, hazard mitigation, community preparedness, home hardening and structure protection. The CWPP will be used to guide the District’s Fuels Management Program and will allow the Olympic Valley community to be eligible for many wildfire prevention grant funding programs. The Olympic Valley Public Service District Board approved the CWPP in November 2022.

City of Chico Community Wildfire Protection Plan (CWPP) – 2021-2022 DCR mapped wildfire hazards and modeled potential fire spread within the urban area of Chico, California. Our project data scientists developed fire behavior model inputs from aerial LiDAR point cloud data, conducted interviews and public engagement, surveyed high-risk areas by foot and bike, and presented a final report as a PDF and web story map.

LiDAR-based wildfire spread vector mapping from DCR’s City of Chico CWPP.

City of Chico Vegetative Fuels Management Plan EIR – 2020-2021 DCR led the project’s wildfire hazard assessment team, using LiDAR survey data, aerial photos, and extensive fieldwork to map wildland vegetation, characterize fuel loading, summarize potential fire behavior, and develop vegetation management objectives for lands owned and managed by the City of Chico. DCR developed a burn plan to increase use of prescribed fire in management of City of Chico-owned lands.

Big Chico Creek Forest Management Plan - 2020
DCR provided fire behavior and prescribed burning specialists for planning and design of a 1,500-acre fuels reduction and forest health project in the Big Chico Creek Watershed, near Forest Ranch, Ca. This project is a collaboration between Butte County Fire Safe Council, CSUC's Big Chico Creek Ecological Reserve, and several local landowners. This CEQA document will support partial implementation of a Forest Management Plan, also to be developed by BCRCD, covering 7,500 acres of the watershed. DCR mapped wildfire fuel loading conditions and developed large prescribed burning units in ponderosa pine and black oak forest areas.

Community Wildfire Risk Pilot Project – 2019
DCR provided a subject matter expert on a CAL FIRE Forest Health Program-funded project that seeks to reduce wildfire risk by providing better analytical methods and information for planning fuel treatments and implementing defensible space in the Wildland Urban Interface (WUI) and intermix.

Wildfire: Assessing and Preparing for Risks under Climate Change – 2019 The California Energy Commission is funding applied research and development to fill gaps in knowledge of fire science and apply that new knowledge to improve models to assess wildfire risk for grid operations and planning. DCR Director Zeke Lunder is contributing to the Extreme Weather & Wildfire Team, delivering advice on fire progression and fire weather events from an operational/field perspective; the Fuel Mapping & Fire Physics Team, delivering advice on field conditions during megafires; and the Wildfire Forecasting Team, delivering advice on the integration of risk forecasts into fire management and wildfire mitigation plans for investorowned utilities.

Lick Observatory Wildfire Safety Project – 2016-17
DCR designed a wildfire safety vegetation management project, helped select a contractor, and supervised implementation. This project cut and removed hazardous wildfire fuels around a major mountain top observatory outside of San Jose, California.

Lick Observatory Wildfire Safety Project
This project was tested when large wildfires burned across the area in 2020. All of the major buildings at the observatory survived with minimal air support.

Oroville Dam Spillway Response – 2017-2018
DCR provided rapid-assessment mapping on the Oroville Dam project site when the Spillway emergency began in February 2017. We created maps for the original emergency response teams, and did technical mapping work to support geological surveys of the bedrock beneath the spillway. Field geologists brought their field data to us, and a DCR geologist and mapping expert turned their field notes and hand-drawn maps into a high-resolution mapping dataset which was used to design the reinforcements and anchors for the new spillway.

Klamath River Prescribed Fire Training Exchange (TREX) – Ongoing since 2014 We are part of the core team organizing and executing annual prescribed fire projects in the Klamath Mountains. We help provide participants and communities along the Klamath River with experience and training on how to plan and implement controlled burns, protect communities from wildfires, and prepare for managing wildfires for resource benefits.

Western Klamath Restoration Partnership – 2015-2016
This project used airborne LiDAR data to characterize forest canopy structure for about 25,000 acres in the Klamath Mountains near Somes Bar, California. This mapping will be used to design thinning and prescribed burning projects to improve community and firefighter safety across this fire-prone part of the planet.

Upper Feather River Watershed Integrated Regional Water Management Plan We provided mapping and website design to support a major planning project to establish priorities for water management-related projects across the watershed that provides 75% of the water used by the California State Water Project. One of our major tasks on this project was the design of a map-based document library.

Lake Tahoe Basin Community Wildfire Protection Plan Update – 2015 Cartography showing completed and proposed hazardous fuels reduction projects for fire districts throughout the Lake Tahoe Basin.

Sierra County Community Wildfire Protection Plan – 2015 We assembled a project GIS, facilitated community collaborative mapping meetings, edited community-provided mapping data, and produced planning and final report maps.

Integrating Traditional Ecological Knowledge into Community Wildfire Protection Planning – 2014
We facilitated collaborative mapping efforts with agency staff, Karuk and Yurok tribal members, and community practitioners of forestry. These meetings identified areas where large-scale cultural burning projects could improve acorn production, open up traditional travel routes, improve elk habitat, and protect communities along the Klamath. In addition, we participated in the 2014 Klamath River ‘TREX’ community-based prescribed burning training, filling mapping support, ignition, and firefighting roles.

Community Wildfire Protection Plan for the Yuba County Foothills – 2014 Mapped wildfire hazard, facilitated collaborative mapping meetings, and established and prioritized hazardous fuels reduction projects for communities in the foothills and mountains of Yuba County, California.

Example of DCR’s work on the Yuba Foothills CWPP to delineate mitigation project priority based upon modeled fire behavior, proximity to main roads, and assets at risk.

Zeke Lunder, Pyrogeographer
807 Moss Ave, Chico, California, 95926. 530-966-8186
Education
California State University, Chico – 1996 – Bachelor of Arts in Geography.

CSU, Chico Geography Department Staff – 1998-2000.

University of Alaska, Fairbanks, 2000 – Summer Intensive in Ecosystem/Fire Ecology.

Continuing education with Association for Fire Ecology and TREX events since 1998.

Skills
Wildland fuels management, prescribed fire planning and implementation, LiDAR and remote sensing, wildland fire behavior calculations, graphic arts, industrial design, equipment repair, metal fabrication, crisis communications, backcountry operations, safety management, and operational leadership.

Wildland Fire Management Experience
Large fire management, prescribed fire, and fire ecology field experience in the Sierra Nevada Mountains, California Coast Range and Foothills, Great Basin, Cascades, Northern Rockies, Pacific Northwest, Great Plains, Southern Appalachian Mountains, New Mexico, and Alaska.

Certified as a Professional Wildland Fire Manager by the Association for Fire Ecology.

Current NWCG Wildland Fire Qualifications
Planning Section Chief Type 3, Situation Unit Leader (SITL), Fire Effects Monitor (FEMO), GIS Specialist (GISS).

Founder, Subject Matter Expert
The Lookout - Wildfire Intelligence and News ~ 2021
The Lookout is a digital communications company focused on wildfire, forestry, and fisheries/water issues in Northern California. We publish on our website, Twitter, and YouTube channel.

Director, Wildfire Analyst & Prescribed Fire Specialist Firestorm Wildland Fire Suppression/Deer Creek Resources ~ 2017-present Assessment of fire behavior, wildfire suppression effectiveness, and fire effects during active wildfires. Planning Section Chief, coordinating operations for prescribed fire projects and training events. Prescribed fire educator providing support to grassroots burn associations.

Subject matter expert on wildland fire management, technology, crisis communications and fire ecology for clients including CAL FIRE and the California Energy Commission. Pyrogeographer in feature-length documentaries including “Rebuilding Paradise” and “Bring Your Own Brigade.”
Other work includes wildfire risk assessments for private landowners, design and layout of prescribed burning projects, postfire restoration planning, and predictive wildfire spread modeling.

Founder, Chief of Operations
Deer Creek Resources ~ 2011-2016
Deer Creek Resources is a wildfire management consultancy. Responsible for training, strategic planning, project development, and leadership of the company. Projects included design and fabrication of emergency response support equipment, deploying and managing onsite GIS facilities during wildfire assignments, vegetation mapping, wildfire pre-planning, and serving on leadership teams for prescribed fire training exchanges (TREX). Since 2011, DCR staff have supported mapping operations on 200 major (Type I or II) wildfire incidents in Oregon and California, and helped lead over 12 TREX prescribed fire training exchange events.

GIS/Pre-Disaster Planning Manager, Duty Officer
NorthTree Fire International ~ 2000 – 2010
Directed onsite wildfire mapping operations, supervised pre-disaster planning projects. Wrote FEMA hazard mitigation grants and supervised implementation of major wildfire hazard reduction projects. Captain on prescribed fire projects. Emergency clients included the Bureau of Land Management, National Park Service, CAL FIRE, the US Forest Service, and the Union Pacific Railroad. Intelligence Chief on major hazmat train derailment and landslide reconstruction projects. Duty Officer supporting contract wildland firefighting (engines, tenders, helibase support, and GIS operations), industrial safety/confined space rescue, incident management support, fuels management, and mobile live fire training operations.

Pre-Fire Planning Specialist
CSU, Chico Watershed Projects, 1998-2000.

Authored fire management chapters for U.S. Fish and Wildlife Service-funded watershed assessments in the Deer, Big Chico, and Butte Creek watersheds above Chico, California.

Planned and conducted aerial photography missions, used satellite imagery, timber harvest history information, and extensive field-surveys to map hazardous wildfire fuels and prioritize large areas for forest thinning.

Forestry Technician
USDA US Forest Service, Lassen National Forest – 1995-1997.

Performed fuels/stand inventories, timber marking on shaded-fuelbreak thinning projects, GPS mapped stand boundaries. Wildland firefighting crewmember, firefighter on Type III fire engine, prescribed fire ignitions crew, taught GIS mapping to District staff.

Summary
Versatile Scientist with years of experience in a variety of scientific fields, all requiring attention to detail, problem solving, and creativity.

Education
GIS Certificate Program, Lane Community College, 2014
M.S. Structural Geology, Boston College, 2010
B.S. Physics, University of Iowa, 2005
Employment History
GIS Specialist Deer Creek Resources (May 2017 – Current)  Collect, manage, and QC project data, using Esri software – both onsite and remotely  Produce daily map products to represent project status  Provide data for field operations by making it available to through online maps  Record, and report daily project acreage that is In Progress or Completed  Build and manage AGOL Dashboard to summarize relevant project details for client  Manage photo collections and train field staff on use of Collector and submitting quality data  On-Call consultation on use of data collection devices, and plotters  Developed field data collection SOP for setup, proper data collection, and photo point capture  Devised data architecture for organizing project data and presenting project media to the client  Address crews during morning briefings regarding the project’s GIS requirements  Provided over 1000 hours of GIS support to 15 of the largest fires in California history  Design and produce map atlases, briefing maps, digital media tied to generated QR codes, and other large-format paper map products on a 24/7 schedule, keeping up with wildfires as they spread  Process GIS data, satellite imagery, and other geo-spatial data products as requested  Perform data management, file backup, GPS data conversions  Tow generators and trailers, repaired equipment, ordered supplies, and completed daily invoices  Frequent troubleshooting of printers, networks, satellite internet, WiFi problems, and other IT tasks  Remotely supported Firestorm prescribed burn operations for the North Orinda Shaded Fuel Break Part Time Instructor Lane & Linn-Benton Community Colleges (Jan 2018 – June 2020)  Designed and improved course curriculum, including labs, study guides, slides, and videos  Setup lab materials and equipment
 Encouraged and inspired students not only academically, but also to see the value of science as part of being an informed citizen of a world where our actions have environmental consequences 24454 Warthen Rd
Elmira, OR 97437
(509) 654-0806
[email protected]
Eric McPherren
Remote Sensing Field Technician Quantum Spatial (May 2014 – May 2017)  Prioritized, located, and gathered ground GPS control, weather, and other point data  Managed data and meta-data documentation
 Corrected static control points using CORs network via Opus Projects  Maintained vehicles and survey equipment in the field  Coordinated with in-office staff and field crew for project operations, managed logistics  Tactfully interacted with public and land owners locally  Recorded hours, expenses, and wrote detailed daily survey logs Interpretive Ranger Mt Rainier National Park - Geocorps (June – Sept 2012 & 2013)  Volunteered over 80 hours as part of a field survey team collecting remote spatial measurements of glacial features to develop quantitative data relating to ice velocities within the Nisqually Glacier  Traveled through remote wilderness, carrying equipment needed for consecutive days  Presented guided walks, evening programs, and junior ranger programs to educate and inspire visitors  Acted as first responder to multiple medical emergencies.

Laboratory Technician Dow Chemical (April 2011 – May 2012)  Aided in the research and development of nano-catalysts for electroless copper plating techniques  Safely disposed of hazardous chemicals using regulation methods  Utilized PPE and proper methods to safely complete dangerous chemical tests  Trained coworkers in the use of the lab’s atomic absorption flame spectrometer and microscopes  Frequently recorded inventory of chemical stocks and organized lab spaces.

Research Assistant Boston College Geology Dept. (May 2008 - Dec 2010)  Utilized structural field mapping with sample collection and analysis in the development of a masters thesis regarding the effects of dissolution-precipitation creep on crystal fabric textures  Meticulously organized samples, methodically recorded cobble dimensions and orientations, grain sizes and orientations
 Carried out extensive crystal lattice investigations using the Scanning Electron Microscope for Electron Backscattered Diffraction analysis.

Selected Skills and Accomplishments
• Assisted Aerial LiDAR surveying of Redwood National Park • Consistently praised for fixing technological problems others had given up on • Designed and built our family’s Tiny home!
Key Traits
Technological Aptitude Life-long Learner
Attention to Detail Resourceful Problem Resolution
Exceptional Spatial Reasoning Cool under Pressure
Related Knowledge, Skills, and Certifications
Fully signed NWCG GISS Taskbook, ESRI ArcGIS Suite (From ArcGIS 6.8 through ArcGIS Pro 2.8) MS Office suite, Adobe Suite, Optical Microscopy, Channel 5 SEM, Spectroscopy, Google Earth, Trimble GPS (R7, R8, R10, TSC2, TSC3)
Spencer Thomas Holmes
876 Palmetto Avenue Chico, CA 95926 530-591-5230 [email protected] Summary
I’d like to apply and advance my geospatial skillset as a multi-disciplinary team member with proven track record of delivering clear, concise, and timely maps and other media. I am experienced with interacting with public and nongovernmental groups in emergency and/or high-risk incidences or projects. I had the opportunity to produce maps on wildland fire incidents that, I trust, contributed to saving natural resources, property and lives. I applied my physical science knowledge on critical projects where engineers and other specialist depend accurate information.

Work Experience
GIS Project Manager Dates
Deer Creek Resources - Chico, CA 06/2021 to Present
Deer Creek Resources is a GIS firm that assists state and federal agencies, providing mapping support for large-scale wildfire and other emergency incidents. We utilize mapping and cutting-edge wildfire science to help communities and landowners prepare for wildfire and are experts in prescribed fire planning and implementation.

In my current position I manage multiple projects such as providing mapping assistance for Community Wildfire Protection Plans, fire prevention mapping, and making wildfire pre-attack maps for agencies and private landowners. I also assist in training new staff on active incidents.

Incident Mapping Specialist Dates
Deer Creek Resources - Chico, CA 06/2017 to 06/2021
Deer Creek Resources is a GIS firm that assists state and federal agencies, providing mapping support for large-scale wildfire and other emergency incidents. We utilize mapping and cutting-edge wildfire science to help communities and landowners prepare for wildfire and are experts in prescribed fire planning and implementation.

In this position, I analyzed geospatial data, in real-time, producing maps, and multimedia. I’ve worked on high profile incidents, including the Oroville Dam Spillway Failure, Carr Fire, and Camp Fire, producing GIS deliverables in fast-paced and high-pressure environments.

I assure all equipment such as plotters, printers, computers, and servers function properly. Also, assist with prescribed burn projects as a Fire Effects Monitor Trainee, providing mapping assistance and monitoring fire behavior.

GIS Assistant II Dates
Geographical Information Center - Chico, CA 11/2015 to 06/2017 The Geographical Information Center is a GIS firm, associated with California State University, Chico. They processes GIS data and create maps for organizations such as California Department of Water Resources, Caltrans, and the US Fish and Wildlife Service.

In this position, I worked in a team environment assisting with the following: data input and management, collecting and processing GPS data, data analysis, metadata development, and, cartographic output. Projects included hydrology maps of watershed resources. I completed projects in a timely and professional manner, requiring minimal supervision. I supervised interns; troubleshooting complex GIS problems. I developed workflows to streamline projects, and maximize efficiency.

GIS Analyst II Dates
Sub Terra Consulting - Chico, CA 10/2016 to 03/2017

SPENCER THOMAS HOLMES RESUME
Sub Terra Consulting is a firm that provides private, tribal, federal, state, and local government clients consultation services in heritage resource regulatory compliance in Northern California and throughout the western states. This firm provides services in the survey, analysis, and/or recovery of cultural and paleontological resources.

I was responsible creating and updating a GIS database of known potential fossil locations in Northern California using geoprocessing tools and advanced ArcGIS functions. Duties included creating geodatabases in ArcCatalog, vectorization of existing paper geologic maps using ArcScan, production of the final product, and troubleshooting using ArcMap. This database was put together using existing GIS data and by digitizing paper geologic maps.

GIS Assistant I Dates
Geographical Information Center - Chico, CA 03/2014 to 11/2015 The Geographical Information Center is a GIS firm, associated with California State University, Chico. They processes GIS data and create maps for organizations such as California Department of Water Resources, Caltrans, and the US Fish and Wildlife Service.

This position required excellent organizational skills and an understanding of relational databases, familiarity with GPS technology and equipment, the ability to prioritize tasks, the ability to adjust to change and working under deadlines. I maintained a positive attitude while accomplishing monotonous tasks.

GIS Technician Dates Dates
Trails Atlas – Chico, CA 08/2013 to 07/2014
Trails Atlas is a web-based recreational map-making start-up company based in Portland, Oregon.

I was responsible for finding accurate base layers, mapping and digitizing data to create accurate hiking trail maps. I edited public data to display pertinent information for easily usable trail maps. Techniques includes heads-up digitizing, georeferencing, data mining, performing quality control review for GIS data layers, cross-referencing information to ensure accuracy, and interpreting existing aerial and satellite imagery. The job required analytic and problem solving skills.

I ground-truthed sections of recreational trails using mapping grade GPS units and ArcPad.

Field Paleontologist Dates
Great Basin National Park – Baker, NV 05/2012 to 08/2012 In this position I was responsible for creating an inventory of fossils found within the park. This project involved surveying, GPS mapping, and photo documentation for paleontological features in Cambrian to Devonian period strata within the park. Fieldwork consisted of searching for fossils in bedrock and colluvium in a rough desert and mountain environment often traversing steep and uneven terrain. I worked closely and effectively with coworkers and employees of other divisions.

I safely conducted multi-day expeditions in the park, requiring extended backpacking trips. Work required independent use of maps and compasses for route finding in roadless areas. Fieldwork included keeping detailed field notes on physical conditions and relative fossil concentrations of marine invertebrate body and trace fossils. This required documenting each discovery by logging GPS coordinates, assigning field reference numbers, and photographing or drawing the feature(s) and capturing observations on other pertinent data. I mapped stratigraphic units and provided accurate locations of surveyed features. This required careful attention to organization and detail. I summarized my work in an end of season report.

The findings from this fieldwork was presented to the Geological Society of America’s annual conference in Charlotte, North Carolina where I received recognition from my supervisor for my contributions to the project.

SPENCER THOMAS HOLMES RESUME
Education:

California State University, Chico
B.S. Geology, Degree in Progress—144 Semester hours
Additional Information:

Proficient with ArcGIS, Terrasync, GPS Pathfinder, and Microsoft Office, Qualified NWCG GISS. GIS and GPS Skills.

Backcountry navigation, orienteering, and mountaineering Skills.

NATE DALY
447 Lilac Ln.

Chico, CA 95926
[email protected]
505-948-2034
Professional Experience
Deer Creek Resources, 2022-Present, Chico, CA
Planning Project Manager & Writer
● Led wildfire hazard assessment and fuels treatment projects management. ● Coordinated with fire science experts and GIS team to ensure customer needs were being met. ● Primary researcher, write and editor on wildfire prevention plans.

Goldstar Events, Inc./TodayTix Group, 2011-Present, Remote Employee Customer Service Team Lead, Copywriter, Ticket Fulfillment Specialist & Social Media ● Wrote and edited creative copy and editorial content, marketing events to a broad audience of live entertainment fans following SEO best practices.
● Coordinate ticket fulfillment with Ticketmaster, AXS, Cirque du Soleil and other major partners. ● Provided customer service to more than a million members via in-house CRM system.

Chico News & Review, 2018-2019, Chico, CA
Calendar Editor & Writer
● Researched local events, maintained database and composed write-ups for thousands of events. ● Participated in pitch meetings and contributed short articles to the weekly paper.

Air Force Research Laboratory, Space Vehicles Directorate, 2011-2012, Albuquerque, NM Corporate Communications, Marketing Specialist
● Conceived and composed communication products to serve the directorate’s mission. ● Attended trade shows and events to promote the laboratory.

PR Newswire, 1999–2010, Albuquerque, NM and San Francisco, CA Editorial Supervisor: 2006–2010, Senior Editor: 2004–2006, Editor: 1999–2004 ● Provided excellent customer service to high priority public relations professionals. ● Proofread and edited news and press releases in accordance with in-house and AP style. ● Produced highly accurate work under strict deadlines and heavy volume in a team setting. ● Supervised editorial teams. Recruited, interviewed, hired and trained staff.

Freelance Writing and Editing Experience
Chico News & Review, Under the Radar Magazine, ALARM Magazine, Weekly Alibi, The Lookout, Deer Creek Resources, Pottery Barn, Children’s Grief Center, Loon Outdoors and many private clients Education
California Polytechnic State University, San Luis Obispo Bachelor of Science in Journalism - 1999
Staff - Andrea Bustos — The Watershed Research &
Training Center
Andrea bustos - Prescribed Fire training Specialist
As a Prescribed Fire Training Specialist at the WRTC, Andrea’s focus is on prescribed fire and land management. During her professional career she has found that landscape interaction comprehension is needed to reduce fire risk in fire and landscape management actions.

Andrea is an enthusiastic, self-motivated, progress-driven fire practitioner and Spanish native speaker with a developed background in this profession. In the most recent years of her career she has developed and implemented burn plans and has designed, planned, supported, and implemented training programs, community prevention projects ('escuelas de campo'), environmental education, institutional relationship strategies, national regulations, budget and funding management, and skills that she knows will bring value to the WRTC, CalPBAs and CAL-TREX events.

In this short journey in the fire world, Andrea has found out that this natural element is not only a powerful tool for land management, but also an incredible means for social assertion and defense for people and their landscapes. Right now, she is working with inspiring professionals that share her passion of nature and all of its intricate relationships. Here at the WRTC, there is no limit to continuing motivating, learning, and sharing knowledge.

Andrea is a fire practitioner, a passionate geographer, and has a Master’s degree in Remote Sensing.

Email Andrea: [email protected]
Staff - Andrea Bustos — The Watershed Research & Training Center https://www.thewatershedcenter.com/staff-andrea-bustos 1 of 1 7/12/2023, 10:46 AM
Staff - Jose Luis — The Watershed Research &
Training Center
José Luis Duce Aragüés - Prescribed Fire Training Specialist José Luis Duce Aragüés (he, him) is a fire practitioner from Spain, learning, sharing, and improving his skills related with all aspects of fire, working with The WRTC as a Prescribed Fire Training Specialist, through the RFFC (Regional Forest and Fire Capacity) program, and under the Fire Management Program with an incredible group of lovely people.

José has been practicing fire for some years in different parts of the world and in different ecosystems. “As a fire student, what I have learned is that fire belongs to people, to communities, and to the landscape. It has always been like that and, for good or for bad, it will always be like that. So, here I am, offering my small portion of responsibility to give Mother Earth, ‘Mama Tierra’, back, what She has given to us, and honoring and respecting those who taught and transferred to me what I know, ready to spread the good fire around, keeping on learning and sharing my little experience and knowledge.”
José is based in Weaverville (CA) but will be traveling (and ready to travel) around the whole state of California primarily, trying to find ways to add, improve, and develop local capacities and charismatic leaders who want to take the torch and share what they know and feel.

Email José: [email protected]
Staff - Jose Luis — The Watershed Research & Training Center https://www.thewatershedcenter.com/staff-jose-luis 1 of 1 7/12/2023, 10:47 AM
01222.0001/643601.1 1
EXHIBIT 2

CITY OF KING

CONTRACT PROFESSIONAL SERVICES AGREEMENT
THIS CONTRACT PROFESSIONAL SERVICES AGREEMENT (herein “Agreement”) is made and entered into this ____ day of _____________ 2023, by and between the CITY OF KING, a municipal corporation (“City”) and EMC Planning Group Inc. (herein “Consultant”).

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 California Labor Law. If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.

1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “B” and incorporated herein by this reference, but not exceeding the maximum contract amount of One Hundred Eighty Thousand and Three Hundred Fifteen Dollars ($180,315) (“Contract Sum”).

2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “B”, and shall detail charges for all necessary and 2 01222.0001/643601.1
actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of One Hundred Eighty Thousand and Three Hundred Fifteen Dollars ($180,315) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “C” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such 3 01222.0001/643601.1
delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding 1 year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “C”).

4. COORDINATION OF WORK

4.1 Representative of Consultant. Michael Groves is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer. Esmeralda Alvarez [or such person as may be designated by the City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).

4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.

5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. 4 01222.0001/643601.1
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

I Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or 5 01222.0001/643601.1
be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
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(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity to the extent arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or to the extent arising from Consultant’s or indemnitors’ reckless or willful misconduct, or to the extent arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of 7 01222.0001/643601.1
City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.

6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.

6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other 8 01222.0001/643601.1
materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder.

Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. section 101, such documents and materials are hereby deemed “works made for hire” for the City.

7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Monterey, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California.

7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to City, 9 01222.0001/643601.1
except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. The Consultant shall be entitled to compensation for all services rendered prior to the effective date of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of termination, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “B”. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

8. MISCELLANEOUS

8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class

8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of King, 212 S Vanderhurst Ave, King City, CA 93930, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 10 01222.0001/643601.1

8.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.

8.8 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

8.9 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a 11 01222.0001/643601.1
result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures On The Following Page]
12 01222.0001/643601.1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF KING, a municipal corporation
Steven D. Adams, City Manager
ATTEST:

Erica L. Sonne, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Roy C. Santos, City Attorney
CONSULTANT:

EMC Planning Group, Inc.

By:

Name: Michael Groves
Title: President and Senior Principal
Address: 601 Abrego Street
Monterey, CA 93940
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. 13 01222.0001/643601.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF MONTEREY
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 14 01222.0001/643601.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF MONTEREY
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

Section 2.0 Scope of Work 2-1 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023

2.0 Scope of Work
The City of King (City) seeks to provide wildland fire protection and fuels management along portions of the Salinas River and San Lorenzo Creek (proposed project area) through the preparation of a Riverbed Wildfire Prevention Plan (proposed project). It is noted the proposed project area is located within a Local Responsibility Area (LRA) and is located in areas designated as a “Non-Very High Fire Hazard Severity (VHFHS)” Zone or part of an “Incorporated City” by the California Department of Forestry and Fire Protection (CAL FIRE) Monterey County Very High Fire Hazard Severity Zones in LRA As Recommended by CAL FIRE (November 2008).

Our team proposes the following scope of work:

Task 1 Stakeholder Outreach Plan and Community Outreach (EMC Planning Group and Deer Creek Resources)
The development of the King City Riverbed Wildfire Prevention Plan (“Riverbed Wildfire Prevention Plan” or “the Plan”) is a collaborative effort that will involve multiple jurisdictions, requiring a commitment from agency leaders and staff to implement the Plan. In addition, potential stakeholders include residents of the area, nearby public agencies including Monterey County, other City staff, the San Benito-Monterey (CAL FIRE) Unit, and organized groups, including, but not limited to, neighborhood associations, property owners’ associations, and the Fire Safe Council for Monterey County. Stakeholder engagement will be led by EMC Planning Group and Deer Creek Resources, with City staff providing technical support and facilitation services.

Task 1.1 Stakeholder Outreach Plan
EMC Planning Group and Deer Creek Resources, in collaboration with City staff, will develop a Stakeholder Outreach Plan to solicit stakeholder and community input during the preparation of the Riverbed Wildfire Prevention Plan.

A draft Stakeholder Outreach Plan will be developed early in the process to determine the best path forward associated with stakeholder and community outreach. EMC Planning Group and Deer Creek Resources will submit the draft Stakeholder Outreach Plan to City for review and comment.

After receiving comments and edits from City staff, a final Stakeholder Outreach Plan will be completed and serve as the blueprint for outreach going forward in the process.

EXHIBIT “A”

SCOPE OF SERVICES
Section 2.0 Scope of Work 2-2 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 Task 1.2 Stakeholder Working Group(s) and Stakeholder Meetings EMC Planning Group and Deer Creek Resources, in collaboration with City and County staff, will develop a stakeholder working group and convene at least two (2) stakeholder meetings in the early phases of the project to gather information and input from knowledgeable representatives from the following primary collaborators:

Government/Special Districts
California Department of Forestry and Fire Protection (CAL FIRE) (San Benito-Monterey Unit)
South Monterey County Fire Protection District
County of Monterey Housing and Community Development (Planning) Resource Conservation District (RCD) of Monterey County Monterey County Office of Emergency Services
King City Community Development Department
King City Public Works Department
King City Fire Department
King City Police Department
Non-Government Agency Involvement
Fire Safe Council for Monterey County
Note: additional stakeholder agencies, community groups and/or individual community members may be identified as important stakeholders to include in the stakeholder outreach process later in coordination with City staff.

The first stakeholder meeting will occur in the initial phases of the project to gather input on initial mapping and modeling efforts. The second workshop shall occur within one month after the initial Community Risk Assessment is completed in Task 2.1 (before the Riverbed Wildfire Prevention Plan is prepared).

Stakeholder Member Responsibilities
Stakeholder members will work in concert to accomplish the following tasks:

Identify appropriate landscape-scale hazard reduction areas throughout the Plan area; Develop an Implementation Plan for this project;
Represent their agency’s commitment to the Plan effort during community meetings; and Work to create bottom-up interest in community wildfire resilience.

Section 2.0 Scope of Work 2-3 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 Task 1.3 Community Outreach
The City and EMC Planning Group shall work together to identify appropriate existing websites social-media channels to keep stakeholders informed on the progress and status of the Riverbed Wildfire Prevention Plan planning process and to collect input.

Information on the Plan (including public meetings, workshops, draft documents, etc.) will be disseminated through multiple outlets (press releases, public notices, websites, social media) with the support, guidance, and approval of the City. Deer Creek Resources will develop video and graphic content about the Plan project throughout the project.

Community Meetings
With the assistance of City staff, EMC Planning Group and Deer Creek Resources shall hold three (3) community meetings. City staff will coordinate the advertisement and logistics of all public meetings. EMC Planning Group and Deer Creek Resources will facilitate the meetings, which will include a collaborative mapping session. EMC Planning Group will prepare summary notes from each community meeting with the potential to be included as an appendix to the Riverbed Wildfire Prevention Plan. Deer Creek Resources can also provide bilingual translation and materials for the meeting specifically associated with Deer Creek Resources-generated mapping and wildfire information. Tentatively, subject to further discussion with City staff, EMC Planning Group and Deer Creek Resources anticipates at least two of these community meetings to be held in-person with one being held virtually.

The intent of the community meetings will be to provide a forum where interested parties can contribute to a conversation about setting priorities for wildfire hazard mitigation projects within the project area. The format of presentations will be informal and interactive providing attendees with information on the approach, the Riverbed Wildfire Prevention planning process, and the tools used in the Plan analyses while offering them opportunity to validate the initial analyses and provide input into the development of risk and hazard mitigation strategies. EMC Planning Group and Deer Creek Resources will use paper and digital maps to facilitate these meetings, and most note-keeping will be done onto large-scale paper maps of the project area.

A virtual stakeholder meeting/workshop can also be conducted to gather comments upon release of the draft Riverbed Wildfire Prevention Plan.

Any additional requests for additional meetings will be charged on an hourly basis via a contract amendment to EMC Planning Group and Deer Creek Resources.

Educational Information Materials
EMC Planning Group, in collaboration with Deer Creek Resources and City staff, will develop bilingual educational information in the form of maps, flyers, social media outreach, and other marketing materials, on fire prevention measures for residents living within King City and the surrounding area.

Section 2.0 Scope of Work 2-4 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 Task 2 Riverbed Wildfire Prevention Plan (Deer Creek
Resources)
This project will create a Riverbed Wildfire Prevention Plan (Plan) for the City of King City (City).

The Deer Creek Resources (DCR) project team will use geographic information systems (GIS) data analysis, expert knowledge, including knowledge of nature-based solutions, and field surveys to create a wildfire risk map and prioritize wildfire hazard mitigation projects. The plan will provide guidance and strategies for increasing the overall wildfire resilience of the community, and seek to protect and enhance the habitat and ecological value of the project area.

Task 2.1 Community Risk Assessment
Assess Existing Conditions
DCR will develop an existing conditions assessment using remote sensing, field surveys and fire behavior modeling. DCR will follow the goals of the project, evaluate natural and man-made resources, review local and state laws and regulations, and evaluate access for vegetation management and fire incident emergencies. Modeling will demonstrate potential fire scenarios under existing fuel conditions.

DCR will calculate vegetation density using digital image analysis and aerial photo interpretation for the riverbed area. DCR will capture current conditions during a two-day field visit and with fixed wing aerial or UAV photography.

DCR will survey wildfire hazards on all conservation easements, proofing aerial photos with on-theground observations. DCR’s field survey will include a 1,000-foot buffer outside the riverbed area.

Analysis & Fire Behavior Modeling
DCR will use field-collected data and other remote-sensing data, along with representative fireseason weather data to run predictive wildfire behavior models to demonstrate potential wildfire behavior under current conditions. The outputs of these models will be delivered as paper and digital maps. The model analysis area will extend 1,000 feet outside of the project area in all directions. Figure 2-1, King City Riverbed Wildfire Prevention Plan – Proposed Project Area (with 1,000-foot Buffer), presents the proposed project area as understood from the RFP and based on DCR’s proposed mapping approach. DCR will use the most current science-based modeling tools and data sources to complete a city-wide hazard assessment and defensibility analysis using factors such as vegetation, topography, and weather. Specifically, DCR will use wildfire spread modeling software to present a “worst-case scenario” analysis, with a 1000-foot buffer surrounding the project area. 2017 LiDAR data is available for the modeling process, and weather data and fire spread rates and mechanisms observed during the 2019 Lonoak Fire and 2020 Circle Fire will be used to calibrate the model runs. This modeling allows efficient planning for mitigation projects, evacuation plans and predictive analysis.

King City Riverbed Wildre Prevention Plan Proposal
Proposed Project Area (with 1,000-foot bu er)
Figure 2-1
Source: Deer Creek Resources 2023 0 1400 feet
Section 2.0 Scope of Work 2-6 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 This side intentionally left blank.

Section 2.0 Scope of Work 2-7 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 Task 2.2 Riverbed Wildfire Prevention Plan
Community Base Map(s)
DCR has developed a work process that is largely map-driven, with meeting and collaboration session notes captured on printed project maps. DCR shall produce a series of maps that clearly communicate the concepts and findings with the public and stakeholders. Maps will be available in paper form and as digital assets. Collaborating with its staff, DCR will assist the City to:

Identify inhabited areas and high-value assets at elevated fire risk.

Define hazard severity categories as zones.

Based on the completion of the hazard and risk analysis, DCR shall produce maps depicting the results, including, but not limited, to:

Base data (vegetation types, density, slopes, fire history, inhabited areas, infrastructure, etc.); Fire spread modeling under multiple spatial and weather scenarios; Ember exposure zones;
Parks, greenways, preserves and open spaces;
Vegetation management project areas; and
Specific fire safe recommendations for neighboring residential areas and businesses Prepare Riverbed Wildfire Prevention Plan
DCR will deliver a draft Plan that includes a narrative description of the project area, discussion of current fuel conditions, and summary of assessment methods. All maps will be provided in PDF format. Geotagged photos will be delivered with Google Earth KML files.

The plan will include vegetation management recommendations and a prioritized project list for the City. The Plan will also include an Action Plan and Assessment Strategy to identify roles and responsibilities, funding needs, and timetables to carry out priority vegetation management projects.

Implementation details will include timing recommendations for work, identify emergency and work crew access, and provide estimated costs. Best practice guidelines for vegetation removal will be developed. In addition, DCR will work with EMC Planning Group staff to identify the needed permits to work within the San Lorenzo Creek and Salinas River areas, as well as analyze and include in the Plan data, analysis and information needed for permit applications for regulatory agencies (e.g., U.S. Fish and Wildlife, CDFW, FEMA, Section 404 Clean Water Act, Streambed Alteration Agreement, etc.). EMC Planning Group will also contribute draft policy/program language for inclusion in the City’s General Plan Safety Element update to ensure consistency with the Riverbed Wildfire Prevention Plan.

Section 2.0 Scope of Work 2-8 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 After reviewing and addressing City staff edits, a final Plan will be submitted by DCR for consideration and approval by the City. This scope and cost assume up to five (5) hard copies of the final Plan will be provided to City staff for distribution. Additional hard copies can be provided at an additional cost.

Task 3 Environmental (CEQA) Review (EMC Planning
Group)
EMC Planning Group proposes the following scope of work associated with environmental review of the proposed project. Based on EMC’s current understanding of the project, it is assumed the project would likely require preparation of an initial study/mitigated negative declaration (IS/MND); however, if any significant and unavoidable impacts are determined in the course of preparing the environmental review documentation, an environmental impact report (EIR) would be required and a separate cost and scope would be prepared.

Task 3.1 Project Management and Administration
This task includes project management tasks, including but not limited to, client consultation, team management, administration, etc. In addition to project management tasks, Task 4.2 includes time and budget assumptions for Zoom meetings and telephone conferences.

Task 3.2 Research and Development
This task includes the following: review all project-related materials that have been prepared by the City; and review appliable background documentation including, but not limited to, the King City General Plan, King City General Plan EIR, the 2014 Monterey County Salinas River Management Program EIR, the 2019 Salinas River Long-Term Management Plan, and any environmental documentation on projects in the general vicinity. These will be obtained from City and/or County staff, if available.

Task 3.3 Tribal Consultation Assistance
This task includes assistance with tribal consultation pursuant to Assembly Bill (AB) 52. It includes, preparation of consultation offer letter(s), based upon the City’s list of tribes requesting consultation, and attendance at one virtual consultation meeting. Additional support can be provided if desired by City staff.

Task 3.4 Initial Study/Mitigated Negative Declaration
Task 3.4.1 Administrative Draft Initial Study
An administrative draft initial study will be prepared to address the potential environmental impacts associated with implementation of the Riverbed Wildfire Prevention Plan. The administrative draft initial study will also address all environmental issues addressed in the CEQA Guidelines Appendix G Checklist. The overall approach will be a thorough documentation of existing Section 2.0 Scope of Work 2-9 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 conditions, environmental analysis, careful identification of probable impacts, and presentation of applicable thresholds and mitigation measures and will be sufficient so all necessary permits can be issued by applicable permitting agencies. EMC Planning Group will evaluate whether the project, with incorporation of mitigation measures, would result in significant environmental impacts. Brief explanations will be provided for topics for which no impact is expected and/or for which applicable reference documents can be cited to show there is no impact. Expanded analyses will be prepared for impacts with potential significance. In addition, the initial study/ will include recommended policy/program language for the City to utilize in updating their General Plan Safety Element.

One (1) electronic copy will be provided for City staff review and comment. The administrative draft initial study will be submitted in alignment with the submittal of the draft Riverbed Wildfire Prevention Plan.

Task 3.4.2 Field Surveys and Technical Analyses
The following field surveys and technical analyses will be conducted in support of and to inform the CEQA analysis.

Research
EMC Planning Group biologists will identify and analyze biological resource issues and potential constraints associated with implementation of the City’s proposed Riverbed Wildfire Prevention Plan.

Reconnaissance-level Field Survey and Report
Upon completion of the literature review (including previous biological resource assessments prepared for the County’s 2014 Monterey County Salinas River Management Program EIR) and preliminary identification of potentially occurring sensitive biological resources, EMC Planning Group biologists will conduct a reconnaissance survey of the entire project site to identify the locations of sensitive biological resources, and of potentially occurring sensitive resources. EMC Planning Group biologists will also note the location of habitats potentially supporting special-status species, streams and associated riparian vegetation, and wetlands. EMC will preliminarily note the location of sensitive resources and habitat potentially supporting these resources. EMC Planning Group will then provide a brief technical memorandum or letter report with a map identifying the locations of potential resources identified during the survey.

Incorporate Findings into Initial Study and Riverbed Wildfire Prevention Plan Upon completion of the reconnaissance survey and recording/reporting of findings, EMC Planning Group biologists will incorporate those findings into the biological resources section of the initial study. EMC Planning Group biologists also work with Deer Creek Resources to incorporate the findings of these survey and mapping efforts in the Riverbed Wildfire Prevention Plan, so that Section 2.0 Scope of Work 2-10 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 treatment methods will result in avoidance and minimization of impacts to biological resources identified. The letter report and initial study will provide a list of recommended protocol-level focused surveys; provide the rationale for conducting the surveys; supply information on geographic scope and protocol requirements of each survey; and present the preliminary spatial data.

Based on the results of the reconnaissance survey, EMC Planning Group will also advise Deer Creek Resources and the City on potential refinements of the Riverbed Wildfire Prevention Plan to avoid impacts to sensitive biological resources. In addition, EMC Planning Group will serve as a liaison with USFWS and CDFW so that the Riverbed Wildfire Prevention Plan, proposed surveys, and other measures avoid take of species listed under the federal Endangered Species Act and the California Endangered Species Act and are consistent with other agency requirements.

Optional/Potential Future Tasks
EMC’s findings during the reconnaissance-level survey will determine the level of effort required for focused protocol-level biological surveys, which must be completed at the appropriate season to determine the presence of potentially occurring resources, such as rare plants and special-status wildlife. EMC Planning Group can conduct these additional surveys (if needed) under a separate scope of work, if determined necessary.

Under a separate scope of work, EMC Planning Group can also prepare the Biological Resource Training for Workers and any pre-construction surveys or monitoring needed to complete any of the identified mitigation measures.

Assumptions
The biological resources scope of work above is based on the following assumptions:

The City and/or County will arrange access to all portions of the project area for EMC biologists to conduct their reconnaissance-level field survey; EMC Planning Group will provide a separate scope of work and cost for any surveys to be conducted beyond the reconnaissance survey;
No focused or protocol surveys for special-status species will be conducted under this scope of work;
No formal delineation of waters of the United States/waters of the state will be performed; Impacts to special-status plant and wildlife species can be avoided or minimized to the extent that Incidental Take Authorization from CDFW and/or USFWS are not required. EMC Planning Group can work with the City and/or County to obtain these permits under a separate scope of work, if determined necessary; and
Impacts to potentially jurisdictional wetlands, waterways, and riparian vegetation can be avoided or minimized to the extent that permitting from the U.S. Army Corps of Engineers, Regional Section 2.0 Scope of Work 2-11 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 Water Quality Control Board and CDFW will not be required. EMC Planning Group can work with the City and/or County to obtain these permits under a separate scope of work, if determined necessary.

EMC Planning Group archaeologist, Vanessa Potter, RPA, MA, will perform an archaeological/cultural resource investigation of the project area and prepare an associated Phase 1 archaeological investigation report. The archaeological investigation and associated report will be conducted consistent with the CEQA regulations associated with archaeological, historical, and tribal cultural resources. It is noted that the Monterey County “Archaeological Sensitivity Map” shows the entire project area as having a “Low” archaeological sensitivity; however, areas to the immediate west, south, and east of the project area have “Moderate” to “High” archaeological sensitivity (Monterey County 2023). EMC Planning Group understands that the City is the lead agency on this project for purposes of CEQA compliance, and that at this point, no federal nexus has been identified that would require compliance with Section 106 of the National Historic Preservation Act. The specific tasks required to prepare the archaeological investigation report include a California Historical Resources Information System (CHRIS) records search, background research, fieldwork, and report preparation, as identified below.

Research
EMC Planning Group will request a CHRIS archaeological records search from the Northwest Information Center (NWIC) at Sonoma State University that houses cultural resource records for Monterey County. The records search results will provide a listing of all recorded archaeological sites and investigations completed within the proposed project area. In addition to a review of previously prepared site records and reports, the records search will also review historical maps of the project area, ethnographies, the National Register of Historic Places, the California Register of Historical Resources, the California Historic Property Data File, and the lists of California State Historical Landmarks, California Points of Historical Interest, and Archaeological Determinations of Eligibility.

EMC Planning Group will also contact the NAHC to request a review of their Sacred Lands File and obtain a list of tribal representatives with potential knowledge of cultural resources within the project area.

Reconnaissance-level Field Survey
The archaeological survey will consist of an intensive-level pedestrian survey, conducted by an EMC Planning Group archaeologist, for all accessible portions of the proposed project area. The EMC Planning Group archaeologist will survey the proposed project area for cultural resources, implementing requirements and guidance provided in the Cultural Resources Review Procedures for CAL FIRE Projects (CAL FIRE 2020).

Section 2.0 Scope of Work 2-12 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 Archaeological Investigation Report
EMC Planning Group will prepare an archaeological investigation technical report that will summarize the methods and results of the cultural resources records search, background research, pedestrian survey, and NAHC Sacred Land Files search results and based on the results of the Sacred Lands File search, will present recommendations for appropriate management pursuant to applicable state and local regulations.

Incorporate Findings into Initial Study and Riverbed Wildfire Prevention Plan Upon completion of the reconnaissance survey and archaeological report, as well as tribal consultation pursuant to AB52, EMC Planning Group will incorporate those findings into the cultural resources and tribal cultural resources section of the initial study. The EMC Planning Group archaeologist will also work with Deer Creek Resources to incorporate the findings of these survey and mapping efforts in the Riverbed Wildfire Prevention Plan, so that treatment methods will result in avoidance and minimization of impacts to cultural and/or tribal cultural resources identified.

Task 3.4.3 Screencheck Initial Study/Mitigated Negative Declaration EMC Planning Group will make necessary edits to the administrative draft initial study once comments and edits are received from City staff, and will prepare a screencheck draft of the initial study and mitigated negative declaration. EMC Planning Group will submit one screencheck draft of the IS/MND for final review by the City.

Task 3.4.4 Public Review IS/MND and Public Noticing/Distribution EMC Planning Group will then complete the public review IS/MND and will provide a final PDF as well as all appendices with technical reports and other supporting documentation. The IS/MND will then be released for a required 30-day public review period. This scope and cost include five (5) hard copies of the public review IS/MND be provided for the City’s use and distribution.

Distribution, and preparing CEQA notices, are included as well. Public noticing and distribution tasks include:

Prepare the Notice of Intent, Notice of Completion, and Notice of Determination; Post the MND and other required noticing materials with the State Clearinghouse electronically (note: EMC Planning Group will arrange with City staff to be granted access as a “submitter” for the City via the State Clearinghouse’s CEQASubmit submittal portal); Distribute Notice of Intent to local, state and federal agencies to access the MND on the City’s website;
Post Notice of Intent with the County Clerk;
Arrange for publication of the Notice of Intent in the local newspaper; and Section 2.0 Scope of Work 2-13 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 File Notice of Determination with the County Clerk and State Clearinghouse after project approval.

Note: Costs for publication in a local newspaper, County Clerk fees, and CDFW filing fees are not included in the budget.

Task 3.4.5 Response to Comments and Mitigation Monitoring and Reporting Program EMC Planning Group will prepare response to public comments received on the MND during the 30-day public review period. A response to comments memorandum will be provided. This scope and cost assume no more than twenty (20) agency and public comment letters would be received by the City during the public review period.

In addition, EMC Planning Group will prepare a draft and final mitigation monitoring and reporting program (MMRP) for adoption by the City. Provide one (1) electronic copy.

Task 4 Meeting Participation (EMC Planning Group and Deer Creek Resources)
Task 4.1 Kick-Off Meeting/Site Visit
EMC Planning Group and Deer Creek Resources will attend a kick-off meeting with City and County staff, along with CAL FIRE and any other applicable agency staff. The purpose is to further articulate the project description and project schedule, and to discuss other topics including communications protocols, key environmental issues, potential public controversy, etc.

EMC Planning Group staff would also conduct a site investigation to document existing conditions at the project site and in the vicinity, catalogue land use and resource issues, and prepare photo documentation for use in the IS/MND.

Task 4.2 Periodic Meetings with City Staff and Other Agencies EMC Planning Group and Deer Creek Resources has budgeted up to four additional periodic (virtual) one-hour meetings with City, County, CAL FIRE, and other applicable agency staff to provide project updates and address ongoing information needs and questions. The time and frequency of these periodic check-in meetings will be determined at the kick-off meeting.

Task 4.3 Community Meetings
Three (3) community meetings will be held throughout the planning process and facilitated by EMC Planning Group and Deer Creek Resources, in close coordination with City staff. Two of these meetings will be held in-person and one held virtually. See Task 1 (Stakeholder Outreach Plan) for additional details.

Section 2.0 Scope of Work 2-14 EMC Planning Group
King City Riverbed Wildfire Prevention Plan & Environmental Review July 13, 2023 Task 4.4 Planning Commission Hearing
EMC Planning Group and Deer Creek Resources has budgeted to attend one Planning Commission hearing to present the final Riverbed Wildfire Prevention Plan and CEQA documentation to consider approval/adoption recommendation to City Council. EMC Planning Group will be prepared to support City staff with responses to questions from commissioners. The meeting would be attended in-person by EMC Planning Group staff and virtually by DCR staff.

Task 4.5 City Council Hearing
EMC Planning Group and Deer Creek Resources has budgeted to attend one City Council hearing to consider approval/adoption of the final Riverbed Wildfire Prevention Plan and CEQA documentation. EMC Planning Group and DCR staff will be prepared to support City staff with responses to questions from City Council members. The meeting would be attended in-person by EMC Planning Group staff and virtually by DCR staff.
01222.0001/643601.1 B-1
EXHIBIT “B”

SCHEDULE OF COMPENSATION
I. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as a part of the final payment upon satisfactory completion of services.

II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.

III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

IV. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.

V. Consultant’s billing rates for all personnel are attached as Exhibit B-1.

Task $275 $195 $165 $125 $210 $170 $125 $140 $125 $115 $250 $180 $150 $150 $200 $400 $400 $300 $300 Task 1 - (Stakeholder Outreach Plan and Community Outreach) 4.0 16.0 12.0 2.0 2.0 4.0 2.0 2.0 Subtotal Task A (Hours) 4 16 12 2 2 0 0 4 2 2 44 0 0 0 0 0 8 8 14 14 44 Per Diem and Mileage Billed for Bilingual Public Engagemen t $1,026 Subtotal Task A (Cost) $1,100 $3,120 $1,980 $250 $420 $0 $0 $560 $250 $230 $7,910 $0 $0 $0 $0 $0 $3,200 $3,200 $4,200 $4,200 $14,800 Total $1,026 $22,710 $1,026 $23,736 $1,583 $25,319 Task 2 - (Riverbed Wildfire Prevention Plan) Community Risk Assessment (includes Assess Existing Conditions and Analysis & Fire Behavior Modeling) 2 5 2 2 11 $2,195 0 60 48 32 16 0 0 0 0 156 $22,800 Per Diem, Mileage Billed, and Aerial Photography $8,994 $24,995.00 Riverbed Wildfire Prevention Plan (includes Community Base Maps and Plan Preparation) 2 5 2 2 1 1 13 $2,460 40 0 32 0 63 0 0 0 0 135 $14,800 $17,260.00 Subtotal Task B (Hours) 4 10 0 4 4 0 0 1 1 0 24 40 60 80 32 79 0 0 0 0 291 Subtotal Task B (Cost) $1,100 $1,950 $0 $500 $840 $0 $0 $140 $125 $0 $4,655 $10,000 $10,800 $12,000 $4,800 $15,800 $0 $0 $0 $0 $53,400 Total $8,994 $58,055 $8,994 $67,049 $6,239 $73,288 Task 3 - (Environmental Review - CEQA) 3.1 Project Management and Administration 8 12 4 24 $5,000 0 $0 Postal/Deliverables $50 $5,000.00 $50.00 $5,050.00 $5,050.00

3.2 Research and Development 4 8 10 22 $4,310 0 $0 Production Costs $600 $4,310.00 $600.00 $4,910.00 $4,910.00

3.3 Tribal Consultation Assistance 2 8 2 12 $2,360 0 $0 Travel Costs $400 $2,360.00 $400.00 $2,760.00 $2,760.00

3.4 Initial Study/MND 0 $0 0 $0 Miscellaneous (including CNDDB, CHRIS Searches) $600 $0.00 $600.00 $600.00 $600.00

3.4.1 Administrative Initial Study 4 14 20 8 4 50 $8,750 0 $0 $8,750.00 $0.00 $8,750.00 $8,750.00

3.4.2 Field Surveys and Technical Analyses 0 $0 0 $0 $0.00 $0.00 $0.00 $0.00

3.4.2.1 Biological Resources 2 10 26 22 4 2 66 $10,630 0 $0 $10,630.00 $0.00 $10,630.00 $10,630.00

3.4.2.2 Cultural Resources 2 2 38 4 2 48 $6,500 0 $0 $6,500.00 $0.00 $6,500.00 $6,500.00

3.4.3 Screencheck Draft IS/MND 2 10 14 4 1 4 2 37 $6,480 0 $0 $6,480.00 $0.00 $6,480.00 $6,480.00

3.4.4 Public Review IS/MND and Public Noticing/Distribution 1 8 2 2 1 1 1 1 2 19 $3,290 0 $0 $3,290.00 $0.00 $3,290.00 $3,290.00

3.4.5 Response to Comments and Mitigation Monitoring and Reporting Program 4 10 2 2 2 20 $3,970 0 $0 $3,970.00 $0.00 $3,970.00 $3,970.00 Subtotal Task C (Hours) 29 72 46 48 14 31 22 19 11 6 298 0 0 0 0 0 0 0 0 0 0 Subtotal Task C (Cost) $7,975 $14,040 $7,590 $6,000 $2,940 $5,270 $2,750 $2,660 $1,375 $690 $51,290 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total $1,650 $51,290 $1,650 $52,940 $248 $53,188 Task 4 - (Meeting Participation) 4.1 Kick-Off Meeting/Site Visit 6 6 12 $2,820 0 0 4 0 4 0 0 0 0 8 $600 $3,420.00 $0.00 $3,420.00 $3,420.00

4.2 Periodic Meetings with City Staff and Other Agencies 4 12 4 6 4 30 $5,880 4 0 2 0 4 0 0 0 0 10 $1,300 $7,180.00 $0.00 $7,180.00 $7,180.00

4.3 Community Meetings (c) 8 16 16 4 2 2 48 $9,000 4 0 4 0 0 0 0 0 0 8 $1,600 $10,600.00 $0.00 $10,600.00 $10,600.00

4.4 Planning Commission Hearing 2 8 10 $2,110 1 0 0 0 1 0 0 0 2 $250 $2,360.00 $0.00 $2,360.00 $2,360.00

4.5 City Council Hearing 2 8 10 $2,110 1 0 0 0 1 0 0 0 0 2 $250 $2,360.00 $0.00 $2,360.00 $2,360.00 Subtotal Task D (Hours) 22 50 16 4 6 4 0 4 2 2 110 10 0 10 0 10 0 0 0 0 30 Subtotal Task D (Cost) $6,050 $9,750 $2,640 $500 $1,260 $680 $0 $560 $250 $230 $21,920 $2,500 $0 $1,500 $0 $2,000 $0 $0 $0 $0 $6,000 $27,920 $0 $27,920 $600 $28,520 TOTAL ESTIMATED HOURS 59 148 74 58 26 35 22 28 16 10 50 60 90 32 89 8 8 14 14 TOTAL ESTIMATED LABOR BUDGET $16,225 $28,860 $12,210 $7,250 $5,460 $5,950 $2,750 $3,920 $2,000 $1,150 $12,500 $10,800 $13,500 $4,800 $17,800 $3,200 $3,200 $4,200 $4,200 $159,975 $11,670 $171,645 $8,670 $180,315 TOTAL LABOR BUDGET PER FIRM NOTES: a. Markup does not include EMC Planning Group labor. b. This proposal is valid for 90 days c. Bilingual public engagement at community meetings included under Task 1 King City Riverbed Wildfire Prevention Plan
LABOR (HOURS) EXPENSES BUDGET Expense Cost Labor
($) Expenses($) Subtotal ($) Deer Creek Resources
$85,775 $74,200
EMC Planning Group Markup* Subtotal ($)
EXHIBIT “B-1”

SCHEDULE OF COMPENSATION
C-1
01222.0001/643601.1
EXHIBIT “C”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule attached as Exhibit C-1.

II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

Activity Name Start Date Finish Date
10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 4 11 18 25 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 Oct 2023 Nov 2023 Dec 2023 Jan 2024 Feb 2024 Mar 2024 Apr 2024 May 2024 Jun 2024 Jul 2024 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 4 11 18 25 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 Authorization to Proceed 9/22/23 9/22/23
Kick-Off Meeting/Site Visit 10/4/23 10/4/23
Stakeholder Outreach Plan and Community Outreach 9/25/23 1/10/24 Draft Stakeholder Outreach Plan 9/25/23 10/6/23 Lead Agency Review 10/9/23 10/13/23
Final Stakeholder Outreach Plan 10/16/23 10/20/23
Stakeholder Meeting (1) 10/25/23 10/25/23 Community Meeting (1) 11/1/23 11/1/23 Community Meeting (2) 11/15/23 11/15/23 Stakeholder Meeting (2) 12/6/23 12/6/23 Community Meeting (3) (Virtual) 1/10/24 1/10/24 Riverbed Wildfire Prevention Plan 10/9/23 5/3/24 Review Existing Documentation/Assess Existing Conditions 10/9/23 11/10/23 Field Survey/Stakeholder Meeting(s)/Fire & Fuels Modeling 11/13/23 1/12/24 Draft Riverbed Wildfire Prevention Plan 1/15/24 3/8/24 Lead Agency Review 3/11/24 4/12/24
Final Riverbed Wildfire Prevention Plan 4/15/24 5/3/24
Environmental (CEQA) Review 9/22/23 7/17/24 Research & Development 9/25/23 1/12/24 Tribal Consultation Assistance 9/25/23 1/12/24
Admin Draft Initial Study 1/15/24 3/8/24
Lead Agency Review 3/11/24 3/29/24
Field Surveys and Technical Analyses 9/22/23 11/22/23
Biological Resources 9/22/23 11/22/23 Cultural Resources 9/22/23 11/22/23 Screencheck Initial Study 4/1/24 4/12/24
Lead Agency Review 4/15/24 4/19/24
Public Review IS/ MND and Noticing/Distribution 4/22/24 4/25/24 30-Day Public Review Period 4/26/24 5/28/24 Response to Comments and MMRP 5/29/24 6/14/24 Public Hearings (PC & CC) 7/9/24 7/16/24
File Notice of Determination 7/17/24 7/17/24
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King City Riverbed Wildfire Prevention Plan & Environmental Review Schedule July 13, 2023
EXHIBIT “C-1”

SCHEDULE OF PERFORMANCE
Item No.

STAFF REPORT
DATE: SEPTEMBER 26, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, PUBLIC WORKS DIRECTOR / CITY

ENGINEER
RE: CONSIDERATION OF REJECTION OF ALL BIDS FOR THE 2023

KING CITY STREET PROJECT, INCLUDING ADOPTING

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

It is recommended City Council: 1) reject all bids for the 2023 King City Street Project; 2) complete the community outreach on the bike path alternatives and include access ramp improvements in the project; 3) rebid the project with the proposed bike path design and access ramp improvements; 4) appropriate an additional $119,120 towards the Annual Street Improvement Program for 2023- 24; and 5) 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 Street Maintenance Project. The project consists of AC grinding and overlay on Division Street between Canal Street and First Street, Canal Place between Division Street and the end of street, and Collins Street from N Russ Street to N Third Street. These streets are in poor condition and represent staff’s recommended top priority for street improvements at this time.

After bids were received and as part of the 2023 Competitive Grants Program, the City of King was awarded a Quick-Built Grant of $119,120 by TAMC from the Regional Surface Transportation Program funds to add bike and pedestrian safety improvements to the project. In addition, staff has identified other modifications to the bids that are recommended to ensure the pavement life meets the needs of the City. As a result, staff is recommending rejecting all bids and rebidding the project for construction in spring or summer 2024. 9(F)

CITY COUNCIL
CONSIDERATION OF REJECTION OF ALL BIDS FOR THE 2023 KING CITY

STREET PROJECT, INCLUDING ADOPTING FINDING OF A CATEGORICAL EXEMPTION, PURSUANT TO SECTION 15301 OF THE CEQA GUIDELINES SEPTEMBER 26, 2023
PAGE 2 OF 4
DISCUSSION:

The Quick Build Grant Program serves two purposes. First, the Quick-Build Grant Program is for projects that can use semi-permanent and/or low-cost materials to install improvements that quickly addresses a safety need, continuously engages the community throughout the duration of the project, measures progress and performance, and provides a foundation for potential permanent infrastructure. Second, the grant can be used on existing street maintenance projects where changes can be made to create meaningful change to increase the modes of transportation or make significant safety improvements that where not budgeted in a typical street maintenance project.

The City was awarded a grant which includes performing community outreach, installing new bike lanes and crosswalks on Division Street, adding new access ramps at the intersection of Division Street and Park Place, and making crosswalk improvements to the intersection of Pearl Street and Russ Street that may include new access ramps and/or rapid flashing beacons. As the City prepares to restripe Division Street to include bike lanes, staff is performing community outreach to encourage everyone to complete a survey on the different design alternatives for the bike lane.

Due to some problems with the surface of one of the City’s recent street reconstruction projects, staff has also conducted an evaluation and comparison of recent projects. As a result, staff recommends some changes to the bid specifications to ensure the materials utilized are the most effective and durable.

Therefore, staff recommends rebidding the project with the final striping design and other changes in order to comply with the City’s procurement policy and to have one contractor complete the paving and bike lanes under one project. This will delay the project to spring or summer once the wet season is completed.

The City received the following bids:

Contractor Base bid
Coastal Paving & Excavating $1,097,798.00
Papich Construction $804,324.50
Monterey Peninsula Engineering $844,760.00
Although staff believes the bids were good, having the project designed with the modified scope due to increase funding will allow for an efficient execution of construction. The access ramps will be installed prior to paving, and striping will be performed a week after paving is complete.

CITY COUNCIL
CONSIDERATION OF REJECTION OF ALL BIDS FOR THE 2023 KING CITY

STREET PROJECT, INCLUDING ADOPTING FINDING OF A CATEGORICAL EXEMPTION, PURSUANT TO SECTION 15301 OF THE CEQA GUIDELINES SEPTEMBER 26, 2023
PAGE 3 OF 4
COST ANALYSIS:

The cost of the additional design and rebidding will be paid through the award of the Quick-Built Grant of $119,120 by TAMC.

King City’s Capital Improvement Project titled Annual Street Improvement Program, which includes annual street repaving and slurry projects, has a total appropriation of $1,436,570 budgeted for 2023-24. For this project, the total proposed appropriation with construction management and contingencies will be paid from King City’s SB1 funds (FY 2021-22 through 2023-24).

ENVIRONMENTAL REVIEW:

Staff has performed a preliminary environmental assessment of this project and has determined that if it falls within the Categorical Exemption set forth in Section 15301 of the CEQA guidelines because the contract is for the maintenance and repair of existing streets, which will not result in the expansion of capacity of these streets. Furthermore, staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project.

ALTERNATIVES:

The following alternatives are provided for Council consideration:

1. Reject all bids of the 2023 King City Street Project and rebid with approved bike lane design;

2. Award Base Bid of the 2023 King City Street Project as proposed by low bidder, Papich Construction Company Inc. in the proposed amount of $804,324.50;

3. Do not award the 2023 King City Street Project; or

4. Provide other direction to staff.

Exhibits:

1. Bid Summary

BID SUMMARY - July 27, 2023
2023 King City Street Project Job/File No.:
27-Jul-23
Description Quantity Unit Price Amount Price Unit Price Amount Price Unit Price Amount Price Base Bid
Grind 3” AC curb to curb maintaining 2% and install 3" AC curb to curb 200,365 SF $3.90 $781,423.50 $4.00 $801,460.00 $5.20 $1,041,898.00 Raise Existing Manholes to Grade 13 EA $1,137.00 $14,781.00 $2,200.00 $28,600.00 $2,900.00 $37,700.00 Raise Existing 14"x18' Conduilt Utility Boxes to Grade 7 EA $1,160.00 $8,120.00 $2,100.00 $14,700.00 $2,600.00 $18,200.00 Base Bid Total $804,324.50 $844,760.00 $1,097,798.00
Papich Construction Monterey Peninsula Engineering Coastal Paving &Excavating Hanna Brunetti
408-842-2173
7651 Eigleberry St Gilroy, CA
Fax 842-3662
printed
7/27/2023
EXHIBIT 1
Item No. 9 (G)

REPORT TO THE CITY COUNCIL
DATE: SEPTEMBER 26, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, CITY ENGINEER
RE: CONSIDERATION OF AWARD OF A CONSULTANT SERVICES

AGREEMENT FOR PREPARATION OF A TRANSPORTATION

ANALYSIS OF VEHICLE MILES TRAVELED (VMT)
RECOMMENDATION:

It is recommended the City Council authorize the City Manager to execute a consultant services agreement up to a not to exceed amount of $28,000 in a form approved by the City Attorney with Kimley-Horn for the completion of a transporation analysis of Vehicle Miles Traveled (VMTs) as pertains to Senate Bill 743 and as required for the completion of the General Plan Land Use Element Update.

BACKGROUND:

Kimley-Horn is on the City’s on-call list of consultants for specialized services.

The proposal includes utilizing the consultant to complete a transporation analysis of Vehicle Miles Traveled (VMTs) related to the preparation of the completion of the City’s General Plan Land Use Element (LUE) Update. The analysis would include evaluating VMTs as it pertains to Senate Bill 743 in the opportunity zones identified in the General Plan Land Use Element Update (LUE Update). The first phase of the analysis in the amount of $7,500 has been contracted under the authorization of the City Manager.

DISCUSSION:

As noted above, Kimley Horn will provide VMT analysis related to the primary land use changes in the LUE Update. The primary areas of change are three Opportunity Zones (Op Zone); 1, 2 and 3. Op Zone 1 is located at the west end of Broadway Street; Op Zone 2 is located at the intersection of Broadway Street and First Street, in the area surrounding the Multi-Modal Transit Center (MMTC) ; Op Zone 3 is located near the intersection of First Street and Highway 101.

CITY COUNCIL

CONSIDERATION OF AWARD OF A CONSULTANT SERVICES

AGREEMENT FOR PREPARATION OF A TRANSPORTATION ANALYSIS OF

VEHICLE MILES TRAVELED (VMT)
SEPTEMBER 26, 2023
PAGE 2 OF 3
Op Zone 1 allows intensification of use and focuses on higher density housing alternatives, Op Zone 2 allows mixed use commercial development and higher density housing alternatives that relate to the MMTC, Op Zone 3 allows and defines higher intensity development, including housing. These Land Use changes will then be implemented by the upcoming Development Code Update.

VMT has recently replaced level of service (LOS) as the standard methodology for evaluating traffic impacts under the California Environmental Quality Act (CEQA). LOS evaluated performance of intersections while VMT assesses the increase in vehicle trips caused by a project. Kimley Horn assisted the City in developing its computer model for calculating VMTs. Therefore, staff is recommending they also assist in the analysis of VMTs as it relates to the LUE update in order to complete the update in a timely manner.

Kimley Horn has indicated that their services will include the following:
• A vehicle miles traveled (VMT) analysis of the rezoned parcels for inclusion in the City’s CEQA document
• An assessment of the VMT reduction associated with the planned multi‐modal rail station
• An assessment of the unique VMT reduction associated with affordable housing
• An assessment of programmatic mitigation options
• A planning document summarizing the findings of the VMT analysis COST ANALYSIS:

This contract for completion of phase 2 of the transportation analysis shall not exceed $28,000. The cost for the services for phase 1 and phase 2 of the transporation analysis will be reimbursable under an SB 2 Grant.

ENVIRONMENTAL REVIEW:

The purpose of the recommended action is to contract for services that will be part of the environmental review process. Therefore, it is not a project for the purposes of CEQA and does not require any action by the City Council with regard to an environmental determination at this time.

ALTERNATIVES:

The following alternatives are presented for Council consideration:

kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95820 916.858.5800 August 25, 2023
Mr. Octavio Hurtado, P.E.

Director of Public Works
City of King City
212 South Vanderhurst Ave
King City, California 93930
RE: Proposal for Consulting Services for the City of King City Land Use Element Update Dear Octavio:

Kimley‐Horn and Associates, Inc. (“Kimley‐Horn” or “Consultant”) is pleased to submit this letter agreement (the “Agreement”) to the City of King City (“Client”) to provide consulting services for the City of King City’s Land Use Element Update (the “Project”).

PROJECT UNDERSTANDING
Kimley‐Horn understands that the City of King City is working on updating the City’s Land Use Element (LUE). The City’s LUE calls for increasing the density of specific opportunity zones for residential and non‐residential uses. Further, Kimley‐Horn understands that a primary purpose of the LUE is to encourage affordable housing mixed with retail commercial along the Broadway Corridor and near the Multi Modal Transit Station (MMTC), which are areas that are already developed. Kimley‐Horn understands that Opportunity Zone 3 (which is undeveloped at this time) will be a combination of Highway Service, Higher Density Housing (also with an affordable element), and retail/commercial.

In support of this effort, Kimley‐Horn understands that the City requires a transportation analysis to be completed that accomplishes the following:
1) A vehicle miles traveled (VMT) analysis of the rezoned parcels for inclusion in the City’s CEQA document
2) An assessment of the VMT reduction associated with the planned multi‐modal rail station 3) An assessment of the unique VMT reduction associated with affordable housing 4) An assessment of programmatic mitigation options
5) A planning document summarizing the findings of the VMT analysis Kimley‐Horn also understands that the project will be completed in phases. This letter agreement contains the scope and fee that comprise the second phase of the project effort after a previous agreement was provided to the City that includes the initial items needed to complete the Project.

SCOPE OF SERVICES – Phase 2
Kimley‐Horn will provide the Scope of Services specifically set forth below. This Scope of Services has been prepared based upon Kimley‐Horn’s understanding of the Project issues, and experience with similar projects and issues. This Scope assumesthat the City will provide Kimley‐Horn with the location and number of units for each parcel included in the Project. This Scope also assumes that at a future date the City will provide Kimley‐Horn with the percentage of the non‐residential development by employment category (e.g., commercial, office, etc.).

EXHIBIT 1

kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95820 916.858.5800

TASK 1.0: CEQA/SB 743 ANALYSIS
Task 1.1:     Vehicle Miles Traveled (VMT) Analysis
Kimley‐Horn will perform an evaluation of the Project’s Vehicle Miles Traveled (VMT) as pertains to Senate Bill 743 (SB 743) for up to three (3) scenarios:
 Up to three (3) opportunity zone alternatives which include increased densification and/or changes to land use in specific areas
Prior to completing the VMT analysis, Kimley‐Horn will work with City staff to finalize the land use mix (number of single‐family/multi‐family dwelling units and size of non‐residential uses by land use category in square feet) at the opportunity zone level for each opportunity zone in the City for each of the three alternatives.

Kimley‐Horn will then analyze the Project using the methodology contained within the City’s draft guidelines, expected to be approved at City Council on July 11, 2023. Each land use type will be evaluated separately at the Traffic Analysis Zone (TAZ) level, consistent with the City’s draft guidelines. Kimley‐Horn will compare the results of the VMT analysis against the thresholds contained in the City’s guidelines for each land use type. If it is determined that a TAZ or specific land use within a TAZ is above the threshold, Kimley‐Horn will calculate the total percentage decrease needed to achieve the City’s threshold.

As a part of this analysis, Kimley‐Horn will evaluate the incorporation of the planned multi‐modal rail station. This analysis will be completed by using the big data platform, Replica, to determine likely origins and destinations and/or existing ridership estimates to develop a VMT reduction that will then be applied to the various scenarios under consideration.

Kimley‐Horn will provide the results of this analysis to the City electronically over email and/or during an informal virtual discussion as described in Task 2.0 prior to completing Task 1.3.

Task 1.2:     Mitigation Analysis
Kimley‐Horn will develop and evaluate mitigation alternatives for the City to consider for a single preferred future scenario. In general, this willrely on appropriate programmatic level Transportation Demand Measures (TDMs) as documented in the current CAPCOA VMT Reduction Handbook or based on other appropriate industry guidelines. In addition, a detailed assessment of affordable housing will be conducted as part of this analysis. This analysis will be completed using the big data platform, Replica, to determine trip lengths for travelers with less than 80‐percent of the median income and will be combined with Caltrans and/or ITE trip generation information to develop a unique VMT estimate for affordable housing. Note that although the development of an affordable housing VMT estimate will be completed in conjunction with the evaluation of mitigation options it will most likely be considered and used to refine the project description and not be identified as mitigation in the final documentation.

kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95820 916.858.5800

Kimley‐Horn willsummarize the results of this analysis on a brief call with the City as outlined in Task

2.0 below prior to completing Task 1.3.

Task 1.3:     Documentation
Kimley‐Horn will prepare a brief technical memorandum summarizing the efforts and findings resulting from the efforts described in Task 1.1 to 1.2. Kimley‐Horn will provide the Client with a draft memorandum in electronic (PDF) format and will respond to one set of non‐conflicting comments and provide the Client with a final memorandum.

TASK 2.0: PROJECT MANAGEMENT AND MEETINGS
Task 2.1:   Project Management
Michael Schmitt will be responsible for overall team management and coordination, and ongoing consultation with the City.

Task 2.2:     Meetings
All meetings will be virtual. It is anticipated that up to two (2) progress meetings will be scheduled for coordination purposes and to present the findings of the efforts described above. This Scope also includes attendance at up to one (1) public hearing to present the findings, either in person or virtual.

Additional Services
Any services not specifically provided for in the above scope, if requested by the Client, will be billed as additional services and performed at our then‐current hourly rates.

Information Provided by Client
Kimley‐Horn shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client’s consultants or representatives. The Client shall provide all information requested by Kimley‐Horn during the Project.

SCHEDULE
Kimley‐Horn is prepared to begin work immediately upon receipt of a signed Agreement and Client’s Notice to Proceed (NTP), and we will endeavor to meet your scheduling needs. We anticipate completion of Task 1.0 within five weeks of receipt of the NTP and all requested data and Project information. Completion of each subsequent task deliverable will depend on the nature and extent of Client and City comments; however, all efforts will be made to expedite any revisions and assist with response to comments.

FEE AND EXPENSES
Kimley‐Horn will perform the services specified in the Scope of Services in Tasks 1.0 through 2.2 for the total lump sum labor fee of $28,000. In addition to the lump sum labor fee, direct reimbursable expenses such as express delivery services, fees, air travel, sub‐consultant costs, and other direct

kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95820 916.858.5800

expenses will be billed at 1.10 times cost. All permitting, application, and similar project fees will be paid directly by the Client. Should the Client request Kimley‐Horn to advance any such project fees on the Client’s behalf, a separate invoice for such fees, with a ten percent (10%) markup, will be immediately issued to and paid by the Client.

Lump sum labor fees will be invoiced monthly based upon the overall percentage of services performed.  Reimbursable expenses will be invoiced based upon expenses incurred.  Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley‐ Horn project number.

CLOSURE
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference.  As used in the Standard Provisions, "Consultant" shall refer to Kimley‐Horn and Associates, Inc., and "Client" shall refer to the City of King City.

Kimley‐Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in an Adobe PDF format.  We can also provide a paper copy via regular mail, if requested.  Please provide the following information:

Please email all invoices to ________________________________________ Please copy ____________________________________________________

kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95820 916.858.5800

If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute this Agreement in the spaces provided below, and return to us. We will commence services only after we have received a fully‐executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter.

We appreciate the opportunity to provide these services to you. Please contact me at 916.330.3009 or at michael.schmitt@kimley‐horn.com, if you have any questions.

Sincerely,
KIMLEY‐HORN AND ASSOCIATES, INC.

Michael Schmitt, AICP CTP, PTP, RSP1     Chris Gregerson, PE, TE, PTP, PTOE Project Manager         PE No. C86812 & TR2860

Attachments:   Request for Information
Kimley‐Horn Standard Provisions

kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, CA 95820 916.858.5800

Agreed to this           day of                           , _______.

City of King City
SIGNED:

PRINTED NAME: _______________________
TITLE:_________________________________
Client’s Federal Tax ID: _______________________
Client’s Business License No.: __________________
Client’s Street Address:  _______________________
_______________________
Rev 6/2023
KIMLEY‐HORN AND ASSOCIATES, INC.

STANDARD PROVISIONS
1) Kimley-Horn's Scope of Services and Additional Services. Kimley-Horn will perform only the services specifically described in this Agreement. If requested by the Client and agreed to by Kimley-Horn, KimleyHorn will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay Kimley-Horn for any Additional Services an amount based upon KimleyHorn’s then-current hourly rates plus an amount to cover certain direct expenses including telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Other direct expenses will be billed at 1.15 times cost. 2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall:
a. Designate in writing a person to act as its representative, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions. b. Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project and all standards of development, design, or construction. c. Provide Kimley-Horn all available studies, plans, or other documents pertaining to the project, such as surveys, engineering data, environmental information, etc., all of which Kimley-Horn may rely upon. d. Arrange for access to the site and other property as required for Kimley-Horn to provide its services. e. Review all documents or reports presented by Kimley-Horn and communicate decisions pertaining thereto within a reasonable time so as not to delay Kimley-Horn. f. Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary. g. Obtain any independent accounting, legal, insurance, cost estimating, and feasibility services required by Client.
h. Give prompt written notice to Kimley-Horn whenever the Client becomes aware of any development that affects Kimley-Horn's services or any defect or noncompliance in any aspect of the project. 3) Period of Services. Unless otherwise stated herein, Kimley-Horn will begin work after receipt of a properly executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that Kimley-Horn does not control. If such delay or suspension extends for more than six months, Kimley-Horn’s compensation shall be renegotiated. 4) Method of Payment. Client shall pay Kimley-Horn as follows:
a. Invoices will be submitted periodically for services performed and expenses incurred. Invoices are due and payable upon presentation. Client shall pay Kimley-Horn a time price differential of one and one-half percent (1.5%) of the outstanding amount of each invoice that is overdue for more than 30 days. The Client shall also pay any applicable sales tax. All retainers will be held by Kimley-Horn and applied against the final invoice.

If the Client fails to make any payment due under this or any other agreement within 30 days after presentation, Kimley-Horn may, after giving notice to the Client, suspend services and withhold deliverables until all amounts due are paid, and may commence legal proceedings including filing liens to secure payment. b. If the Client relies on payment or proceeds from a third party to pay Kimley-Horn and Client does not pay Kimley-Horn’s invoice within 60 days of receipt, Kimley-Horn may communicate directly with such third party to secure payment.
c. If the Client objects to an invoice, it must advise Kimley-Horn in writing giving its reasons within 14 days of receipt of the invoice or the Client’s objections will be waived, and the invoice shall conclusively be deemed due and owing. If the Client objects to only a portion of the invoice, payment for all other portions remains due.
d. If Kimley-Horn initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall include the cost, at Kimley-Horn's normal hourly billing rates, of the time devoted to such proceedings by its employees.

Rev 6/2023
e. The Client agrees that the payment to Kimley-Horn is not subject to any contingency or condition. KimleyHorn may negotiate payment of any check tendered by the Client, even if the words “in full satisfaction” or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of Kimley-Horn to collect additional amounts from the Client.
5) Use of Documents. All documents and data prepared by Kimley-Horn are related exclusively to the services described in this Agreement and may be used only if the Client has satisfied all of its obligations under this Agreement. They are not intended or represented to be suitable for use or reuse by the Client or others on extensions of this project or on any other project. Any modifications by the Client to any of Kimley-Horn’s documents, or any reuse of the documents without written authorization by Kimley-Horn will be at the Client's sole risk and without liability to Kimley-Horn, and the Client shall indemnify, defend and hold Kimley-Horn harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. Kimley-Horn’s electronic files and source code remain the property of Kimley-Horn and shall be provided to the Client only if expressly provided for in this Agreement. Any electronic files not containing an electronic seal are provided only for the convenience of the Client and use of them is at the Client’s sole risk.

In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by Kimley-Horn, the hardcopy shall govern. 6) Intellectual Property. Kimley-Horn may use or develop its proprietary software, patents, copyrights, trademarks, trade secrets, and other intellectual property owned by Kimley-Horn or its affiliates (“Intellectual Property”) in the performance of this Agreement. Unless explicitly agreed to in writing by both parties to the contrary, Kimley-Horn maintains all interest in and ownership of its Intellectual Property and conveys no interest, ownership, license to use, or any other rights in the Intellectual Property to Client. Any enhancements of Intellectual Property made during the performance of this Agreement are solely owned by Kimley-Horn and its affiliates. If Kimley-Horn’s services include providing Client with access to or a license for Kimley-Horn’s (or its affiliates’) proprietary software or technology, Client agrees to the terms of the Software License Agreement set forth at https://www.kimley-horn.com/khts-software-license-agreement (“the License Agreement”) which terms are incorporated herein by reference.
7) Opinions of Cost. Because Kimley-Horn does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to the costs of construction and materials, are made solely based on its judgment as a professional familiar with the industry. Kimley-Horn cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Kimley-Horn's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. 8) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof, or upon thirty days’ written notice for the convenience of the terminating party. Kimley-Horn shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by Kimley-Horn as a result of such termination. 9) Standard of Care. The standard of care applicable to Kimley-Horn’s services will be the degree of care and skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by Kimley-Horn's performance of services, and it is agreed that Kimley-Horn is not a fiduciary with respect to the Client. 10) LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to the Client and Kimley-Horn, the risks are allocated such that, to the fullest extent allowed by law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the aggregate, of Kimley-Horn and Kimley-Horn's officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of or in any way related to the services under this Agreement from any Rev 6/2023
causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of Kimley-Horn or Kimley-Horn's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by Kimley-Horn under this Agreement or $50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee.

This Section is intended solely to limit the remedies available to the Client or those claiming by or through the Client, and nothing in this Section shall require the Client to indemnify Kimley-Horn. 11) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits.
12) Construction Costs. Under no circumstances shall Kimley-Horn be liable for extra costs or other consequences due to unknown conditions or related to the failure of contractors to perform work in accordance with the plans and specifications. Kimley-Horn shall have no liability whatsoever for any costs arising out of the Client’s decision to obtain bids or proceed with construction before Kimley-Horn has issued final, fully approved plans and specifications. The Client acknowledges that all preliminary plans are subject to substantial revision until plans are fully approved and all permits obtained. 13) Certifications. All requests for Kimley-Horn to execute certificates, lender consents, or other third-party reliance letters must be submitted to Kimley-Horn at least 14 days prior to the requested date of execution.

Kimley-Horn shall not be required to execute certificates, consents, or third-party reliance letters that are inaccurate, that relate to facts of which Kimley-Horn does not have actual knowledge, or that would cause Kimley-Horn to violate applicable rules of professional responsibility. 14) Dispute Resolution. All claims arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the American Arbitration Association as a condition precedent to litigation. Any mediation or civil action by Client must be commenced within one year of the accrual of the cause of action asserted but in no event later than allowed by applicable statutes.
15) Hazardous Substances and Conditions. Kimley-Horn shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Kimley-Horn's services will be limited to analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. Kimley-Horn will notify the Client of unanticipated hazardous substances or conditions of which Kimley-Horn actually becomes aware. Kimley-Horn may stop affected portions of its services until the hazardous substance or condition is eliminated. 16) Construction Phase Services.
a. If Kimley-Horn prepares construction documents and Kimley-Horn is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against Kimley-Horn in any way connected thereto. b. Kimley-Horn shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, equipment maintenance and inspection, sequence, schedule, safety programs, or safety practices, nor shall Kimley-Horn have any authority or responsibility to stop or direct the work of any contractor. KimleyHorn's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by KimleyHorn. Kimley-Horn neither guarantees the performance of contractors, nor assumes responsibility for any contractor’s failure to perform its work in accordance with the contract documents. c. Kimley-Horn is not responsible for any duties assigned to it in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and its means and methods; that the contractor shall indemnify the Client and Kimley-Horn for all claims and liability arising out of job site accidents; and that the Client and Kimley-Horn shall be made additional insureds under the contractor’s general liability insurance policy.

Rev 6/2023
17) No Third-Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits to anyone other than the Client and Kimley-Horn, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and Kimley-Horn. The Client shall not assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of services by Kimley-Horn, without the written consent of Kimley-Horn. Kimley-Horn reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If Kimley-Horn exercises this right, Kimley-Horn will maintain the agreed-upon billing rates for services identified in the contract, regardless of whether the services are provided by in-house employees, contract employees, or independent subconsultants.
18) Confidentiality. The Client consents to the use and dissemination by Kimley-Horn of photographs of the project and to the use by Kimley-Horn of facts, data and information obtained by Kimley-Horn in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, Kimley-Horn shall use reasonable care to maintain the confidentiality of that material. 19) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of California. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements, or understandings, whether written or oral.

Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by both parties. Any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by Kimley-Horn. If Client requires Kimley-Horn to register with or use an online vendor portal for payment or any other purpose, any terms included in the registration or use of the online vendor portal that are inconsistent or in addition to these terms shall be void and shall have no effect on Kimley-Horn or this Agreement. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The nonenforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement.

Item No. 9(H)

REPORT TO THE CITY COUNCIL
DATE: SEPTEMBER 26, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, PUBLIC WORKS DIRECTOR/CITY

ENGINEER
RE: CONSIDERATION OF A CONSULTANT SERVICES

AGREEMENT FOR LABOR COMPLIANCE MONITORING

SERVICES FOR THE DOWNTOWN PLAZA PROJECT
RECOMMENDATION:

It is recommended the City Council approve and authorize the City Manager to execute a consultant services agreement up to a not to exceed amount of $25,000 with Adams Ashby Group, Inc., for the labor compliance monitoring services for the Downtown Plaza/Park construction project.

BACKGROUND:

The proposal includes utilizing the consultant to conduct labor compliance monitoring services during the construction phase of the Downtown Plaza/Park Project. Compliance with HUD Section 3 requirements and State and Federal Prevaling Wage and Davis Bacon requirements is necessary since State and Federal grant funds are being used to fund this project.

DISCUSSION:

Adams Ashby Group will provide labor compliance monitoring services and technical assistance during the construction of the Downtown Plaza/Park Project.

They serve as the City’s CDBG consultants and have performed this function for CDBG capital projects. They are uniquely qualified and can begin work quickly since they are familiar with King City. In addition, the City has an existing contract with them which was the result of a competitive Request for Proposal selection process.

CITY COUNCIL

CONSIDERATION OF CONSULTANT SERVICES AGREEMENT FOR LABOR

COMPLIANCE MONITORING SERVICES FOR THE DOWNTOWN

PLAZA/PARK PROJECT
SEPTEMBER 26, 2023
PAGE 2 OF 3
Adams Ashby Group has indicated that their services will include technical assistance and labor compliance monitoring services as follows:
• General Project Tasks
o Review/Obtain DIR and DOL wage rates and classifications for job o Conduct craft matching process and provide highest wage rate for payment to contractor/City
o Verifying Contractor and Sub Contractor Eligibility
o Conduct Pre-construction conference meeting and provide labor compliance job handbooks;
o Communicate and coordinate with General Contractor to obtain all certificates and authorization documents for general and subs; o Obtain Apprenticeship Program Certifications and Registration for General Contractor and all subs; This includes DIR and DOL Certifications and wage rates
o Complete all required reports;
o Maintain project file in compliance with funding sources; • Payroll Reviews and Statement of Compliance
o Obtain and review weekly certified payrolls
o Obtain and maintain all required reporting documents for the funding sources
o Ensure compliance prior to payment
o Review construction logs and compare to payrolls submitted for compliance
o Review on-site interview data and compare to payrolls submitted o Verify Bona Fide Fringe Benefit plans and CAC payments • Reporting Documents
o Prepare Semi Annual Labor Standards Enforcement Reports o Final Wage Compliance Report
• On-site Employee Interviews
o Conduct on site employee interviews as needed - estimate 2-3 site visits
o Mail interviews will also be used to collect trade/wage data from employees

1 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into this 1 day of August, 2023, by and between the CITY OF KING, a public body, corporate and politic ("City") and Adams Ashby Group, Inc., a California corporation ("Consultant").

RECITALS
A. Consultant is specially trained, experienced, and competent to perform the professional services required by this Agreement.

B. Consultant possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions specified herein.

C. City desires to retain Consultant to render the professional services set forth in this Agreement.

AGREEMENT

1. Scope of Services. Consultant shall perform the labor compliance monitoring services described in the attached Attachment 1 that is incorporated by this reference. Consultant shall provide these services at the time, place, and in the manner specified in Attachment 1, subject to the direction of the City through its staff that may be provided from time to time.

Performance of the compliance monitoring services is sometimes referred to herein as “the Project.”

2. Work Through City Staff. Consultant shall perform its services pursuant to this Agreement solely through City staff. No communications, information or documentations shall be made directly to any applicant to the City without the prior written consent of the City. This shall not apply to the sole request of information or clarification of information by Consultant from the applicant. All requests shall be noted to City in an expeditious manner.

3. Time of Performance. Consultant’s services will commence upon execution of this Agreement. All work shall be completed no later than June 30, 2025.

4. Compensation. Without additional authorization from the City, compensation to be paid to Consultant shall not exceed TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) for each project outlined in Attachment I. Payment by City under this Agreement shall not be deemed a waiver of any defects, even if those defects were known to the City at the time of payment.

5. Method of Payment. Consultant shall submit billings to City specifying the project name and describing the work performed. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours expended and EXHIBIT 1
2 by whom, and a description of any reimbursable expenditures. Full payment of each task will only be made at such time as each task is completed.

City shall pay Consultant no later than 30 days after approval of the invoice by City staff.

Payments may be delayed by City if Consultant fails to provide services in accordance with the scope of work, unless the City has provided prior written consent to any delay in the schedule.

6. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, the term "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without the City’s prior written authorization.

7. Termination. This Agreement may be terminated by the City immediately for cause, or by either party without cause upon 15 days’ prior written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination upon submittal of an invoice for same.

8. Ownership of Documents; Confidentiality.

A. All plans, studies, documents, and other writings prepared by and for Consultant, its officers, employees, agents, and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of City upon payment to Consultant for such work. City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request by City. Consultant shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose.

B. All memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other documents and data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. These materials shall not, without the City’s prior written consent, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall these materials be disclosed to any person or entity not connected with the performance of services under this Agreement. Nothing furnished to Consultant that is otherwise known to Consultant, or is generally known, or has become known to the related profession shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to the Project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production, or other similar medium without the City’s prior written consent.

9. Consultant's Books and Records.

A. Consultant shall maintain all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for 3 services, or expenditures and disbursements charged to City, for a minimum period of three years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement.

B. Consultant shall maintain all records that document performance under this Agreement for a minimum period of three years, or for any longer period required by law, from the date of termination or completion of this Agreement.

C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address specified in Section 16 of this Agreement.

D. Where City has reason to believe that records or documents may be lost or discarded due to the dissolution or termination of Consultant's business, City may, by written request, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to these records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-ininterest.

10. Independent Contractor. In the performance of the work and services required by this Agreement, Consultant shall act as and be an independent contractor and not an agent, or employee of the City. Consultant shall obtain no rights to retirement or other benefits that accrue to City's employees, and Consultant expressly waives any claim it may have to any such rights.

11. Interest of Consultant.

A. Consultant represents that neither it nor any employee has any investment or interest in real property, and shall not acquire any such interest, direct or indirect, within the area covered by this Agreement, or any other source of income, interest in real property, or investment that would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further represents that, in the performance of its duties hereunder, no person having any such interest shall perform any services under this Agreement.

B. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
(1) will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City, or of any City official, other than normal Agreement monitoring; and
(2) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation, or counsel. (FPPC Reg. 18700(a)(2).)
4 12. Professional Ability of Consultant.

A. City is relying upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement.

Consultant shall therefore provide skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.

B. The primary provider of the services required by this Agreement shall be Lorie Adams and Paul Ashby. A list of other individuals assigned to the Project will be provided to City for its review and approval, and these individuals shall not be replaced without the City’s prior written consent.

13. Compliance with Laws. Consultant shall use the customary standard of care in its profession to comply with all applicable federal, state, and local statutes, codes, ordinances, and regulations.

14. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals that are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance, and approvals that are legally required of Consultant to practice its profession.

15. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers, from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith), arising out of Consultant’s performance of this Agreement, or Consultant’s failure to comply with any of its obligations contained in this Agreement; excluding, however, any claim arising out of the active negligence or willful misconduct of the City, its officers, agents, employees, or volunteers.

16. Insurance Requirements.

A. Job specific insurance requirements can be found on the attached Attachment

4. Other insurance provisions can be found below:

B. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an A.M. Best's rating of no less than A:VII and shall be endorsed with language substantially as follows:
(1) The City, its elected and appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work.
5 (2) The policy shall be considered primary insurance as respects the City, its elected and appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. (3) The insurance shall apply to each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. (4) The insurer waives all rights of subrogation against the City, its elected and appointed officers, officials, employees, and agents. (5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officers, officials, employees, agents, or volunteers. (6) The insurance provided by the policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after 30 days written notice has been received by the City.

C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of those deductibles or self-insured retentions.

D. Certificates of Insurance. Consultant shall provide to City certificates of insurance with original endorsements as evidence of the required insurance coverage.

Certificates of insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of King
212 S. Vanderhurst Avenue
King City, CA 93930
Attention: City Manager
If to Consultant: Adams Ashby Group
1000 Lincoln Road H-212
Yuba City, CA 95991
Attention: Paul Ashby

18. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral 6 communications, including correspondence, drafts, memoranda, and representations, are superseded in their entirety by this Agreement.

19. Amendments. This Agreement may be amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

20. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Consultant. Assignments of any or all rights, duties, or obligations of the Consultant under this Agreement will be permitted only with the express written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor.

Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay any monies due to any such subcontractor other than as may be required by law.

21. Waiver. Waiver of any breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach or default of the same or any other provision under this Agreement.

22. Severability. If any provision of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

23. Controlling Law; Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California, and any legal action relating to this Agreement shall take place in the Superior Court, County of San Joaquin.

24. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.

25. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS, and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

26. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy has been signed by both parties. 7 27. Authority to Enter Agreement. Consultant warrants that it has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants to the other that the signatories to this Agreement have the legal power, right, and authority to enter into this Agreement and to bind each party.

28. Prohibited Interests.

A. Consultant warrants that it has not employed or retained any person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement.

Further, Consultant warrants that it has neither paid nor agreed to pay any person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For any breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.

B. For the term of this Agreement, no member, officer, or employee of City, during the period of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

29. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

This Space Purposely Left Blank
8 TO EFFECTUATE THIS AGREEMENT, each of the parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth in the introductory paragraph on page 1 above.

CITY OF KING: CONSULTANT:
_________________________________ Adams Ashby Group, Inc. (Signature) (Type name of Consultant/form of organization)* Steven Adams, City Manager _
ATTEST: By: ___________________________________
(Signature)
_________________________________
(Signature) ___________________________________
Lorie Ann Adams, President
Erica Sonne, City Clerk
Address: 1000 Lincoln Road H-212
Yuba City, CA 95991
Telephone: (916) 449-3944
APPROVED AS TO FORM:
_________________________________
(Signature)
Roy Santos, City Attorney
9 ATTACHMENT 1

SCOPE OF WORK
- Technical Assistance related to administration of funds - Project coordination for the following projects:
o Downtown Plaza Park Project
- Labor compliance services for public improvements projects as follows:
• General Project Tasks
o Review/Obtain DIR and DOL wage rates and classifications for job o Conduct craft matching process and provide highest wage rate for payment to contractor/City
o Verifying Contractor and Sub Contractor Eligibility
o Conduct Pre-construction conference meeting and provide labor compliance job handbooks;
o Communicate and coordinate with General Contractor to obtain all certificates and authorization documents for general and subs;
o Obtain Apprenticeship Program Certifications and Registration for General Contractor and all subs; This includes DIR and DOL Certifications and wage rates o Complete all required reports;
o Maintain project file in compliance with funding sources; • Payroll Reviews and Statement of Compliance
o Obtain and review weekly certified payrolls
o Obtain and maintain all required reporting documents for the funding sources o Ensure compliance prior to payment
o Review construction logs and compare to payrolls submitted for compliance o Review on-site interview data and compare to payrolls submitted o Verify Bona Fide Fringe Benefit plans and CAC payments • Reporting Documents
o Prepare Semi Annual Labor Standards Enforcement Reports o Final Wage Compliance Report
• On-site Employee Interviews
o Conduct on site employee interviews as needed - estimate 2-3 site visits o Mail interviews will also be used to collect trade/wage data from employees Item No. 9 (I)

REPORT TO THE CITY COUNCIL
DATE: SEPTEMBER 26, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF ADJUSTMENTS TO COMMERCIAL

CANNABIS TAX RATES
RECOMMENDATION:

It is recommended the City Council adopt a Resolution establishing new commercial cannabis tax rates effective October 1, 2023.

BACKGROUND:

Measure J was approved by the voters in the November 2016 election, which established tax rates for cannabis cultivation, nurseries, manufacturing, and testing. Measure P was approved by the voters in the November 2020 election, which added tax rates for cannabis retail sales and distribution, as well as updated some of the provisions from the original 2016 measure.

Measure J provides for an annual increase based on the Consumer Price Index (CPI) for the prior year for the San Francisco-Oakland-San Jose areas as published by the US Government Bureau of Labor Statistics. The rates were last increased January 1, 2023, which included CPI adjustments for only manufacturing and testing.

The current tax rate for cultivation is $10.04 per square foot. The current market for cultivation is oversaturated, which has resulted in a significant decrease in price and profits and created a challenging environment for cultivation businesses to remain viable. As a result, the City received requests from existing cannabis businesses to lower tax rates. Other jurisdictions have significantly lowered their tax rates, including Monterey County.

CITY COUNCIL

CONSIDERATION OF ADJUSTMENTS TO COMMERCIAL CANNABIS TAX RATES
SEPTEMBER 26, 2023
PAGE 2 OF 5
At the January 10, 2023 meeting, City Council approved a proposed phased approach of reducing rates. The approved plan would have lowered rates gradually to $7 per square foot linked to increases in production in order to maintain and increase City revenues. However, production is not increasing. As a result, the City’s rates have become inconsistent with other jurisdictions and are creating a challenging competitive disadvantage for the existing and potential cannabis cultivation businesses.

At the March 28, 2023 meeting, staff recommended and City Council approved a contract with HdL Companies to prepare a fiscal analysis of cannabis cultivation tax rates. The study looked at three primary factors, which included the impact of the City’s tax rates on the only existing operator, comparison to other comparable jurisdictions, and current and future market conditions.

The results were presented to the City Council at the September 12th meeting along with a recommendation to direct staff to prepare a Resolution for City Council consideration to lower cultivation rates to $5 per square foot. The City Council approved the direction and staff have prepared the Resolution for consideration.

DISCUSSION:

The study indicated that the City’s existing cannabis cultivation operator is struggling financially but moving towards profitability. However, they did not provide the financial records necessary to be able to fully confirm their financial consideration.

HdL does not believe that changes to tax rates are likely to be a single deciding factor in the success or failure of cannabis cultivation businesses. Proximity to markets, cultivation infrastructure, operating efficiencies, and production under contract and distribution agreements are more indicative of business success.

They cite Santa Barbara and Ventura counties as examples where some of the largest operators in the state have located despite a relatively higher tax burden.

The study finds that King City’s tax rate is neither the highest nor the lowest in comparison to other jurisdictions. HdL recommended the City’s square footage tax rate be set to correspond to an equivalent gross receipts range of between

1.00% and 2.50%, which would equate to a roughly $5 to $11 square foot tax.

However, they also project there to be continuing reductions in cannabis pricing and pressures on tax rates. As a result, they recommend the City be prepared to further adjust tax rates in the future.

CITY COUNCIL

CONSIDERATION OF ADJUSTMENTS TO COMMERCIAL CANNABIS TAX RATES
SEPTEMBER 26, 2023
PAGE 3 OF 5
Staff recommends the tax rate for cultivation be reduced to $5 per square foot which is at the low end of the scale proposed by HdL for the following reasons:
• Many of the factors HdL cites as indicators for success of cannabis cultivation businesses are not key strengths in King City. • Given the tax rates established by the County of Monterey, staff believe a rate above $5 per square foot would maintain the City at a significant competitive disadvantage when compared to potential sites in the immediate area.
• The majority of other jurisdictions with a significant amount of cannabis cultivation activity have established differential rates for indoor and mixed light facilities. King City is not able to do that based on the language included in the tax measure approved by the voters. Therefore, a rate above $5 per square foot would be especially non-competitive for mixed light businesses and would deter mixed light facilities currently under development from opening.
• Based on the results of the study, it is likely the City will need to reduce the tax to $5 per square foot in the near future. Staff believes there is a benefit to creating a more consistent rate to provide stability and assurances to cannabis businesses and to the City for budgeting purposes.

Staff was conservative in its budget projections given the state of the market, so the $5 per square foot rate will enable the City to meet budget projections. At the same time, staff do not recommend decreasing the rate below $5 per square foot in the future. Therefore, it appears to be a good balancing point to establish as the floor of the tax range to maintain consistency over an extended period of time.
• The City’s existing operator is going to need to make investments in their facility in the near future to address important City regulatory issues.

Therefore, it will be in the City’s interests to help the necessary improvements be economically viable.
• There are significant opportunities for expansion by both the City’s existing cultivation operator and the potential new mixed light facility under development. Staff believes a reduced rate would provide a better vehicle for encouraging future expansion. Overall revenue amounts from expansions could increase more significantly than through maintaining a higher rate.

CITY COUNCIL

CONSIDERATION OF ADJUSTMENTS TO COMMERCIAL CANNABIS TAX RATES
SEPTEMBER 26, 2023
PAGE 4 OF 5
The existing cannabis tax rates are as follows:

Cultivation: $10.04 per square feet
Nurseries $5.15 per square foot for the first 5,000 square feet and $2.57 per square foot for the remainder
Manufacturing $36,107 per year
Testing $36,107 per year
Retail 5% of gross receipts
Distribution 2% of gross receipts
The proposed new rates are as follows:

Cultivation: $5 per square feet
Nurseries $5 per square foot for the first 5,000 square feet and $2.50 per square foot for the remainder
Manufacturing $36,107 per year
Testing $36,107 per year
Retail 5% of gross receipts
Distribution 2% of gross receipts
Staff proposes these new rates take effect on October 1, 2023 and remain in effect for 2024. An additional minor reduction has been proposed for nurseries so that its rate does not exceed the rate for cultivation. In addition, staff does not recommend CPI increases to the manufacturing or testing rates this year due to the same issues with the state of the market and reductions in other jurisdictions.

COST ANALYSIS:

The initial budget impact of the proposed changes could be a reduction in revenue in FY 2023-24 of $126,500. However, staff anticipated the need for this change, so revenues will still meet the current projected revenue amount in the FY 2023-24 budget. In addition, if the mixed-light facility under development opens, it would address a portion of the reduced revenue amount.

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.

01222.0001/614435.1
RESOLUTION NO. ___

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

APPROVING ADJUSTMENTS TO THE COMMERCIAL CANNABIS TAX RATES WHEREAS, in November of 2016, a majority of voters within the City of King passed a tax measure governing commercial cannabis cultivation, nurseries, manufacturing and testing within the city limits; and
WHEREAS, in November 2020, a majority of voters within the City of King passed an additional tax measure amending the November 2016 measure and adding a tax on commercial cannabis retail and distribution businesses; and
WHEREAS, the measures authorized the City of King to levy an annual tax beginning on January 1, 2017 in the amount of twenty-five dollars ($25.00) for the first five thousand (5,000) square feet of cannabis nursery cultivation canopy and then ten ($10.00) per square foot for all remaining cannabis cultivation canopy, five dollars ($5.00) for the first five thousand (5,000) square feet of cannabis nursery cultivation canopy and then two dollars and fifty cents ($2.50) per square foot for all remaining cannabis nursery cultivation canopy, and thirty thousand dollars ($30,000) per year for cannabis manufacturing and testing businesses; and WHEREAS, the City has contracted for preparation of a professional rate study to determine appropriate commercial cannabis tax rates based upon maintaining competitive rates with other jurisdictions, rates the industry can sustain given the state of the market, and rates that are viable given the financial condition of local businesses; and WHEREAS, based upon the results of the study, the City Council of the City of King desires to reduce the existing commercial cannabis tax rates for cultivation and nurseries.

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

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

2. The City Council of the City of King hereby approves a new annual commercial cannabis tax rate of five dollars ($5) per square foot of permitted cultivation canopy.

3. The City Council of the City of King hereby approves a new annual commercial cannabis tax rate of five dollars ($5) per square foot for the first five thousand (5,000) square feet of permitted nursery canopy and two dollars and fifty cents ($2.50) per square foot for the remainder.

4. Calculation of the square footage and the process and timeline for payment of the tax shall remain consistent with relevant terms set forth in tax measure.

5. All other commercial cannabis tax rates shall remain the same as currently levied.

6. This Resolution shall be effective on October 1, 2023.

This resolution was passed and adopted this 26th day of September, 2023 by the following vote:
01222.0001/614435.1
AYES, Council Members:

NAYS, Council Members:

ABSENT, Council Members:

ABSTAIN, Council Members:

APPROVED:
______________________________
Mike LeBarre, Mayor
ATTEST:
__________________________________
Erica Sonne, City Clerk
APPROVED AS TO FORM:
__________________________________
Roy Santos, City Attorney
Item No. 9 (J)

REPORT TO THE CITY COUNCIL
DATE: SEPTEMBER 26, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, PUBLIC WORKS DIRECTOR/CITY

ENGINEER
RE: CONSIDERATION OF CONSULTANT SERVICES AGREEMENT

FOR LABOR COMPLIANCE MONITORING SERVICES FOR THE

DOWNTOWN STREETSCAPE PROJECT
RECOMMENDATION:

It is recommended the City Council approve and authorize the City Manager to execute a consultant services agreement up to a not to exceed amount of $50,000 with Adams Ashby Group, Inc. for labor compliance monitoring services for the Downtown Streetscape Improvements Project.

BACKGROUND:

The proposal includes utilizing the consultant to conduct labor compliance monitoring services during the construction improvements of the Downtown Streescape Project. Compliance with HUD Section 3 requirements and State and Federal Prevaling Wage and Davis Bacon requirements is necessary since State and Federal grant funds are being used to fund these projects.

DISCUSSION:

Adams Ashby Group will provide labor compliance monitoring services and technical assistance during the construction of the Downtown Streetscape Project. They serve as the City’s CDBG consultants and have performed this function for CDBG capital projects. They are uniquely qualified and can begin work quickly since they are familiar with King City. In addition, the City has an existing contract with them which was the result of a competitive Request for Proposal selection process.

CITY COUNCIL

CONSIDERATION OF CONSULTANT SERVICES AGREEMENT FOR LABOR

COMPLIANCE MONITORING SERVICES FOR THE DOWNTOWN

STREETSCAPE PROJECT
SEPTEMBER 26, 2023
PAGE 2 OF 3
Adams Ashby Group has indicated that their services will include technical assistance and labor compliance monitoring services as follows:
• General Project Tasks
o Review/Obtain DIR and DOL wage rates and classifications for job o Conduct craft matching process and provide highest wage rate for payment to contractor/City
o Verifying Contractor and Sub Contractor Eligibility
o Conduct Pre-construction conference meeting and provide labor compliance job handbooks;
o Communicate and coordinate with General Contractor to obtain all certificates and authorization documents for general and subs; o Obtain Apprenticeship Program Certifications and Registration for General Contractor and all subs; This includes DIR and DOL Certifications and wage rates
o Complete all required reports;
o Maintain project file in compliance with funding sources; • Payroll Reviews and Statement of Compliance
o Obtain and review weekly certified payrolls
o Obtain and maintain all required reporting documents for the funding sources
o Ensure compliance prior to payment
o Review construction logs and compare to payrolls submitted for compliance
o Review on-site interview data and compare to payrolls submitted o Verify Bona Fide Fringe Benefit plans and CAC payments • Reporting Documents
o Section 3 Reports
o Prepare Semi Annual Labor Standards Enforcement Reports o Final Wage Compliance Report
• On-site Employee Interviews
o Conduct on site employee interviews as needed - estimate 2-3 site visits
o Mail interviews will also be used to collect trade/wage data from employees

1 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into this 1 day of August, 2023, by and between the CITY OF KING, a public body, corporate and politic ("City") and Adams Ashby Group, Inc., a California corporation ("Consultant").

RECITALS
A. Consultant is specially trained, experienced, and competent to perform the professional services required by this Agreement.

B. Consultant possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions specified herein.

C. City desires to retain Consultant to render the professional services set forth in this Agreement.

AGREEMENT

1. Scope of Services. Consultant shall perform the labor compliance monitoring services described in the attached Attachment 1 that is incorporated by this reference. Consultant shall provide these services at the time, place, and in the manner specified in Attachment 1, subject to the direction of the City through its staff that may be provided from time to time.

Performance of the compliance monitoring services is sometimes referred to herein as “the Project.”

2. Work Through City Staff. Consultant shall perform its services pursuant to this Agreement solely through City staff. No communications, information or documentations shall be made directly to any applicant to the City without the prior written consent of the City. This shall not apply to the sole request of information or clarification of information by Consultant from the applicant. All requests shall be noted to City in an expeditious manner.

3. Time of Performance. Consultant’s services will commence upon execution of this Agreement. All work shall be completed no later than June 30, 2025.

4. Compensation. Without additional authorization from the City, compensation to be paid to Consultant shall not exceed FIFTY THOUSAND DOLLARS ($50,000.00) for each project outlined in Attachment I. Payment by City under this Agreement shall not be deemed a waiver of any defects, even if those defects were known to the City at the time of payment.

5. Method of Payment. Consultant shall submit billings to City specifying the project name and describing the work performed. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours expended and by whom, and a description of any reimbursable expenditures. Full payment of each task will only be made at such time as each task is completed.

EXHIBIT 1
2 City shall pay Consultant no later than 30 days after approval of the invoice by City staff.

Payments may be delayed by City if Consultant fails to provide services in accordance with the scope of work, unless the City has provided prior written consent to any delay in the schedule.

6. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, the term "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without the City’s prior written authorization.

7. Termination. This Agreement may be terminated by the City immediately for cause, or by either party without cause upon 15 days’ prior written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination upon submittal of an invoice for same.

8. Ownership of Documents; Confidentiality.

A. All plans, studies, documents, and other writings prepared by and for Consultant, its officers, employees, agents, and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of City upon payment to Consultant for such work. City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request by City. Consultant shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose.

B. All memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other documents and data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. These materials shall not, without the City’s prior written consent, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall these materials be disclosed to any person or entity not connected with the performance of services under this Agreement. Nothing furnished to Consultant that is otherwise known to Consultant, or is generally known, or has become known to the related profession shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to the Project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production, or other similar medium without the City’s prior written consent.

9. Consultant's Books and Records.

A. Consultant shall maintain all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City, for a minimum period of three 3 years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement.

B. Consultant shall maintain all records that document performance under this Agreement for a minimum period of three years, or for any longer period required by law, from the date of termination or completion of this Agreement.

C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address specified in Section 16 of this Agreement.

D. Where City has reason to believe that records or documents may be lost or discarded due to the dissolution or termination of Consultant's business, City may, by written request, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to these records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-ininterest.

10. Independent Contractor. In the performance of the work and services required by this Agreement, Consultant shall act as and be an independent contractor and not an agent, or employee of the City. Consultant shall obtain no rights to retirement or other benefits that accrue to City's employees, and Consultant expressly waives any claim it may have to any such rights.

11. Interest of Consultant.

A. Consultant represents that neither it nor any employee has any investment or interest in real property, and shall not acquire any such interest, direct or indirect, within the area covered by this Agreement, or any other source of income, interest in real property, or investment that would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further represents that, in the performance of its duties hereunder, no person having any such interest shall perform any services under this Agreement.

B. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
(1) will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City, or of any City official, other than normal Agreement monitoring; and
(2) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation, or counsel. (FPPC Reg. 18700(a)(2).)
4 12. Professional Ability of Consultant.

A. City is relying upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement.

Consultant shall therefore provide skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.

B. The primary provider of the services required by this Agreement shall be Lorie Adams and Paul Ashby. A list of other individuals assigned to the Project will be provided to City for its review and approval, and these individuals shall not be replaced without the City’s prior written consent.

13. Compliance with Laws. Consultant shall use the customary standard of care in its profession to comply with all applicable federal, state, and local statutes, codes, ordinances, and regulations.

14. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals that are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance, and approvals that are legally required of Consultant to practice its profession.

15. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers, from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith), arising out of Consultant’s performance of this Agreement, or Consultant’s failure to comply with any of its obligations contained in this Agreement; excluding, however, any claim arising out of the active negligence or willful misconduct of the City, its officers, agents, employees, or volunteers.

16. Insurance Requirements.

A. Job specific insurance requirements can be found on the attached Attachment

4. Other insurance provisions can be found below:

B. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an A.M. Best's rating of no less than A:VII and shall be endorsed with language substantially as follows:
(1) The City, its elected and appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work.
5 (2) The policy shall be considered primary insurance as respects the City, its elected and appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. (3) The insurance shall apply to each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. (4) The insurer waives all rights of subrogation against the City, its elected and appointed officers, officials, employees, and agents. (5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officers, officials, employees, agents, or volunteers. (6) The insurance provided by the policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after 30 days written notice has been received by the City.

C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of those deductibles or self-insured retentions.

D. Certificates of Insurance. Consultant shall provide to City certificates of insurance with original endorsements as evidence of the required insurance coverage.

Certificates of insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of King
212 S. Vanderhurst Avenue
King City, CA 93930
Attention: City Manager
If to Consultant: Adams Ashby Group
1000 Lincoln Road H-212
Yuba City, CA 95991
Attention: Paul Ashby

18. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral 6 communications, including correspondence, drafts, memoranda, and representations, are superseded in their entirety by this Agreement.

19. Amendments. This Agreement may be amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

20. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Consultant. Assignments of any or all rights, duties, or obligations of the Consultant under this Agreement will be permitted only with the express written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor.

Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay any monies due to any such subcontractor other than as may be required by law.

21. Waiver. Waiver of any breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach or default of the same or any other provision under this Agreement.

22. Severability. If any provision of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

23. Controlling Law; Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California, and any legal action relating to this Agreement shall take place in the Superior Court, County of San Joaquin.

24. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.

25. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS, and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

26. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy has been signed by both parties. 7 27. Authority to Enter Agreement. Consultant warrants that it has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants to the other that the signatories to this Agreement have the legal power, right, and authority to enter into this Agreement and to bind each party.

28. Prohibited Interests.

A. Consultant warrants that it has not employed or retained any person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement.

Further, Consultant warrants that it has neither paid nor agreed to pay any person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For any breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.

B. For the term of this Agreement, no member, officer, or employee of City, during the period of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

29. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

This Space Purposely Left Blank
8 TO EFFECTUATE THIS AGREEMENT, each of the parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth in the introductory paragraph on page 1 above.

CITY OF KING: CONSULTANT:
_________________________________ Adams Ashby Group, Inc. (Signature) (Type name of Consultant/form of organization)* Steven Adams, City Manager _
ATTEST: By: ___________________________________
(Signature)
_________________________________
(Signature) ___________________________________
Lorie Ann Adams, President
Erica Sonne, City Clerk
Address: 1000 Lincoln Road H-212
Yuba City, CA 95991
Telephone: (916) 449-3944
APPROVED AS TO FORM:
_________________________________
(Signature)
Roy Santos, City Attorney
9 ATTACHMENT 1

SCOPE OF WORK
- Technical Assistance related to administration of funds - Project coordination for the following projects:
o Downtown Streetscape Project
- Labor compliance services for public improvements projects as follows:
• General Project Tasks
o Review/Obtain DIR and DOL wage rates and classifications for job o Conduct craft matching process and provide highest wage rate for payment to contractor/City
o Verifying Contractor and Sub Contractor Eligibility
o Conduct Pre-construction conference meeting and provide labor compliance job handbooks;
o Communicate and coordinate with General Contractor to obtain all certificates and authorization documents for general and subs;
o Obtain Apprenticeship Program Certifications and Registration for General Contractor and all subs; This includes DIR and DOL Certifications and wage rates o Complete all required reports;
o Maintain project file in compliance with funding sources; • Payroll Reviews and Statement of Compliance
o Obtain and review weekly certified payrolls
o Obtain and maintain all required reporting documents for the funding sources o Ensure compliance prior to payment
o Review construction logs and compare to payrolls submitted for compliance o Review on-site interview data and compare to payrolls submitted o Verify Bona Fide Fringe Benefit plans and CAC payments • Reporting Documents
o Section 3 Reports
o Prepare Semi Annual Labor Standards Enforcement Reports o Final Wage Compliance Report
• On-site Employee Interviews
o Conduct on site employee interviews as needed - estimate 2-3 site visits o Mail interviews will also be used to collect trade/wage data from employees Item No. 10 (A)

REPORT TO THE CITY COUNCIL
DATE: SEPTEMBER 26, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER

7.25 NOISE CONTROL STANDARDS
RECOMMENDATION:

It is recommended the City Council 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.

BACKGROUND:

The City has made a number of ongoing adjustments to its noise ordinance to make it as fair as possible and to balance the concerns of complainants and those desiring to conduct celebrations. During the hours of 10:00 p.m. and 9:00 a.m., no outside amplified noise is allowed. At Council’s direction, the restrictions during the hours of 9:00 a.m. and 10:00 p.m. were recently amended to create a specific limit of 80 dB. The purpose was to establish an objective and impartial methodology for determining the limit on noise during daytime hours.

The new restrictions have appeared to work generally well in most cases. A minimal number of complaints have been received. However, the City has received some complaints from individuals who believe the limit established is too high. Staff is recommending City Council consider an additional minor adjustment to help address some of the concerns that have been identified.

CITY COUNCIL
CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 7.25 NOISE

CONTROL STANDARDS
SEPTEMBER 26, 2023
PAGE 2 OF 3
DISCUSSION:

In order to enforce the daytime noise restrictions, the Police Department has obtained a decibel reader. The Ordinance specifies that the sound decibel level is measured at the affected property. The purpose of doing this was to determine the violation based upon the impact of the individual submitting the complaint. However, this has created a situation where the sound level allowed differs based upon where the complaint is being generated. Therefore, it is counterproductive to the goals of establishing objective and consistent restrictions. It makes it more difficult for residents to understand the level at which the noise they generate is excessive. Furthermore, it can create neighborhood disputes and prevents residents from reporting noise that negatively impacts them when they would prefer to submit an anonymous complaint.

To address these issues, staff are presenting an Ordinance for City Council consideration that will modify the provisions for where the measurement would be taken. Under the amended provisions, the noise level will instead be measured in the public right-of-way adjacent to the property that is generating the noise.

COST ANALYSIS:

There is no cost impact from the recommended action.

ENVIRONMENTAL REVIEW:

Staff has performed a preliminary environmental assessment of this project and, pursuant to CEQA Guidelines, section 15061(b)(3), has determined with certainty that there is no possibility that this project may have a significant effect on the environment. Therefore, this project is not subject to CEQA.

ALTERNATIVES:

The following alternatives are provided for City Council consideration:

1. Introduce the Ordinance;

2. Modify the Ordinance to specify a different location for taking the measurement;

3. Modify the Ordinance to add other changes;

4. Do not introduce the Ordinance and approve no changes; or

5. Provide staff other direction.

ORDINANCE NO. 2023 -

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
KING, CALIFORNIA, AMENDING CHAPTER 10.22 OF THE KING

CITY MUNICIPAL CODE, PARKING REGULATIONS, TO

AMEND PARKING RESTRICTIONS ON PORTIONS OF

BROADWAY STREET AND CANAL STREET
WHEREAS, the City of King (“City”) is authorized by the California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, California Vehicle Code section 22507 grants the City authority to restrict vehicles from parking on certain streets, during certain hours of the day; and WHEREAS, Chapter 10.22 Parking, section 10.22.030 “Parking limitations along certain streets” of the King City Municipal Code currently reads, “No person shall stop, stand or park any vehicle as defined in the following streets, or portions of streets, within the city for a period of time longer than that indicated opposite the name of each street between the respective hours set opposite the name of each street on any day (or on any one day and the next ensuing day) except as herein provided, as may be posted for short zones allowed for or provided herein:”; and WHEREAS, the City Council desires to amend said restrictions in the downtown core business area to better maintain available short-term parking for customers of retail businesses and long-term parking for business employees and residents, and to best meet the City’s overall parking needs; and
WHEREAS, effective parking management helps promote economic development by attracting customers to local businesses, which increases jobs, business activity and revenues that benefit the entire community; and
WHEREAS, the City Council has identified proposed changes to downtown parking restrictions that will best balance existing community needs, which were developed based upon outreach efforts to solicit community input; and
WHEREAS, the City Council also desires to address short-term public parking needs that exist at the southeast corner of Canal Street and Bassett Street to accommodate public activities and events at that location by restricting parking to 2 hours during the hours of 6:00 a.m. to 8:00 p.m.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KING FINDS AND ORDAINS AS FOLLOWS:

SECTION 1. The above recitals are all true and correct and are hereby adopted as findings.

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 01222.0001/330347.1
Exhibit 1
01222.0001/903428.1 -2-
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. The Sub-Section of Chapter 10.22, Section 10.22.030 of the King City Municipal Code hereby is amended to read as follows; all other portions of Chapter 10.22 not amended remain in full force and effect:

Chapter 10.22

PARKING REGULATIONS
Section 10.22.030 Parking limitations along certain streets.

No person shall stop, stand or park any vehicle as defined in the following streets or portions of streets within the city for a period of time longer than that indicated opposite the name of each street between the respective hours set opposite the name of each street on any day (or on any one day and the next ensuing day) except as herein provided, as may be posted for short zones allowed for or provided herein:

Street Time Period
(Consecutive
Minutes)
Hours Sides of
Streets
Portion Exceptions
Broadway
Street
120 8:00 a.m. to
6:00 p.m.

Both Between Second Street and
Third Street
First Street to San Lorenzo
Street
Sunday and
Holidays
South Third
Street
120 8:00 a.m. to
6:00 p.m.

Both Bassett Street to Broadway
Street
Sunday and
Holidays
North Third
Street
120 6:00 a.m. to
8:00 p.m.

East Between the southern end of
502 Third Street and a point
195 feet north
None
Canal Street 120 6:00 a.m. to
8:00 p.m.

East Between Bassett Street and the
beginning of the red curb
None
SECTION 4: EFFECTIVE DATE.

This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation.

I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the _____ day of _________________ 2023, and adopted the Ordinance after the second reading at a regular meeting held on the ____ day of _______________ 2023, by the following roll call vote:
01222.0001/903428.1 -3-
AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
ERICA SONNE, City Clerk

CITY OF KING
By:

MIKE LEBARRE, Mayor
APPROVED AS TO FORM:

By:

ROY C. SANTOS, City Attorney
Aleshire & Wynder, LLP
I, ______________________________, City Clerk of the City of King, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of King on the date and by the vote indicated herein.

Item No. 10 (C)

REPORT TO THE CITY COUNCIL
DATE: SEPTEMBER 26, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER

17.09 PROPERTY MAINTENANCE STANDARDS
RECOMMENDATION:

It is recommended the City Council introduce an Ordinance amending Chapter

17.09 of the King City Municipal Code pertaining to restrictions on paving and parking in front yard areas 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.

BACKGROUND:

One of the City’s current code enforcement priorities is enforcing restrictions on parking in front yards. Given the citywide parking shortage in residential neighborhoods, it has resulted in interest by many residents to pave more of their yard area. However, the Municipal Code only allows parking on an impervious surface, restricts more than 50% of the front yard area from being covered with an impervious surface, includes width limits for driveways, and requires a building permit for any installation of impervious surface greater and 25 square feet.

A couple items of confusion have arisen given these requirements. First, when this Municipal Code section was adopted, it didn’t anticipate the use of pervious pavers. They are described as pervious, but they are not as pervious as landscaping and drainage can differ significantly based on how they are installed.

The intent of the original restrictions was to require landscaping in the front yard area which is not accomplished if it is covered by pavers. Furthermore, if pavers are defined as a pervious surface, they would not qualify under the Municipal Code for parking. Therefore, installing them would defeat the purpose of creating more space to park vehicles.

CITY COUNCIL
CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 17.25

PROPERTY MAINTENANCE STANDARDS
SEPTEMBER 26, 2023
PAGE 2 OF 3
Second, the Zoning Code references impervious surfaces as outlined above, but the Nuisance Ordinance restricts parking vehicles on unpaved surfaces.

Therefore, there is an inconsistency in the language that further confuses the issue of whether pavers would be considered paved, unpaved, pervious or impervious. The Nuisance Ordinance also requires landscaping in front yards.

A cleanup ordinance has been drafted to address these issues. The Planning Commission recommended adoption at their meeting held on September 19th.

DISCUSSION:

Staff recommends adoption of the attached Ordinance which would address the inconsistencies. It will amend the Zoning Code to change all references to paved rather than impervious surfaces. It also identifies pavers as a specific example of a paved surface. Therefore, residents could use pavers as an allowed surface for a driveway or other areas of the yard, but they could not cover over 50% of the front yard area with pavers or other paved surfaces.

COST ANALYSIS:

There is no cost impact from the recommended action.

ENVIRONMENTAL REVIEW
Staff has performed a preliminary environmental assessment of this project and, pursuant to CEQA Guidelines, section 15061(b)(3), has determined with certainty that there is no possibility that this project may have a significant effect on the environment. Therefore, this project is not subject to CEQA.

ALTERNATIVES:

The following alternatives are provided for City Council consideration:

1. Introduce the Ordinance;

2. Modify the Ordinance to modify other restrictions involving parking or paving of front yards;

4. Do not introduce the Ordinance and approve no changes; or

5. Provide staff other direction.

Exhibits:

1. Ordinance

01222.0001/903428.1
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KING AMENDING CHAPTER 17.09 PROPERTY MAINTENANCE STANDARDS, OF TITLE 17 OF THE

KING CITY MUNICIPAL CODE PERTAINING TO RESTRICTIONS ON FRONT

YARD PAVING AND PARKING
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, the City has a compelling interest in protecting the public health, safety, and welfare of its citizens, residents, visitors and businesses, and in protecting the appearance and condition of neighborhoods for overall quality of life; and WHEREAS, this Ordinance is intended to clarify the definition of paving surfaces in front yard areas so restrictions on parking on front yards and requirements of maintaining landscaped areas shall be enforced in a fair, equitable and effective manner.

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

SECTION 1. The above recitals are incorporated 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. The Sub-Section of Chapter 17.09, Section 17.09.040 and Section

17.09.050 of Title 17, of the King City Municipal Code specifically identified below are hereby amended to read as follows; all other portions of Chapter 17.09 not amended remain in full force and effect:

Chapter 17.09

PROPERTY MAINTENANCE STANDARDS
Section 17.09.040 Front yard paving.
(a) No more than fifty percent of any residential front yard, not to exceed twenty-six feet in width, may be covered by impervious a paved surface such as concrete, exposed aggregate, asphalt, brick, pavers or stonework. Provided, however, that upon written application the planning commission may grant a request to install an impervious paved surface exceeding twenty-six feet in width if it finds that the proposed paving will be compatible with the appearance of the neighborhood wherein the property is located.

EXHIBIT 1
01222.0001/903428.1
(b) Any person wishing to install impervious paved surface flat work (as defined in subsection (a) of this section) exceeding twenty-five square feet in area in his or her front yard shall first obtain a permit from the director of building and planning. This requirement shall apply to remodeling or replacement work, as well as to initial construction.

Section 17.09.050 Restrictions on front yard parking.
(a) Except as stated in subsection (b) of this section, no person shall keep, store, or park any motor vehicle, whether operable or inoperable, on any portion of a front yard or corner lot side yard facing a street of any property used as a residence, except on an area that is covered with an impervious paved surface (as defined Section 17.09.040(a)). No owner, tenant, manager or occupant of property used as a residence shall allow or suffer any person to keep, store, or park any motor vehicle, whether operable or inoperable, on any portion of a front yard or corner lot side yard facing a street, except on an area that is covered with an impervious paved surface (as defined in Section 17.09.040(a)).
(b) For property that has no paved driveway, but does have a curb cut, motor vehicle parking on front yards shall be restricted to a space with a maximum width of eighteen feet extending perpendicular from the street at the curb cut in front of the property to the nearest point in the front of the garage. (c) Garages and carports (temporary and permanent), including temporary canvas, cloth, plastic or other similar constructed or kit enclosure units of any kind are not permitted in front or street side yard setback. (1) Garages and carports shall require building permits and shall meet all applicable requirements for setbacks for each zoning district, including front, side and rear yard setbacks established for each zoning district. (2) For modular vehicle canopy structures or other shading structures for vehicles and temporary vehicle shading, usually made of plastic pipe, steel or aluminum light framing and having a canvas or other non-permanent cloth cover, said structures up to two hundred forty square feet in area and not over fourteen feet in height will not require a building permit and shall meet the following requirements:
(i) Said vehicle canopy shade structure shall not be located in any front yard, rear yard, interior side yard or street side yard setback area. (ii) Said vehicle canopy shade cover may only be placed next to a structure if it has a documented fire rating. Proof of fire rating will be required. If the vehicle canopy does not have said fire rating, it shall be located a minimum of five feet from any structure.
01222.0001/903428.1
(iii) Said canopies shall have a maximum of three of the sides enclosed and shall have the side towards the street open.
(iv) Said temporary vehicle shade canopies shall be adequately anchored to the ground.
(v) Said temporary vehicle shade structures are not permitted in zoning districts other than R-1 without the approval of a conditional use permit approved by the planning commission.

SECTION 4: EFFECTIVE DATE.

This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation.

I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the _____ day of _________________ 2023, and adopted the Ordinance after the second reading at a regular meeting held on the ____ day of _______________ 2023, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
ERICA SONNE, City Clerk

CITY OF KING
By:

MIKE LEBARRE, Mayor
01222.0001/903428.1
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. 11 (A)

REPORT TO THE CITY COUNCIL
DATE: SEPTEMBER 26, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF DOWNTOWN STREET TREE

REPLACEMENT PLAN
RECOMMENDATION:

It is recommended the City Council approve a Downtown Street Tree Replacement Plan for the Broadway Street downtown area from First Street to San Lorenzo Street.

BACKGROUND:

The street tree inventory in the downtown area is primarily composed of magnolias which are not a tree currently included in the City’s street tree list.

They create significant sidewalk damage, are not considered attractive by most people, and make it difficult to maintain the downtown area due to the size of the leaves that fall. They will eventually outgrow the space in the sidewalk, so they will have to be replaced at some time in the future. Staff believe it would be best to replace them at this time before they cause more serious problems.

When the City’s downtown streetscape plan was created, it was recommended to replace the magnolias on a gradual basis to reduce costs and prevent a major lack of vegetation at any given time. The plan was prepared by RRM Design Group and included an extensive public participation process. Zelkova was selected as the new tree species for the downtown.

Some of the trees have begun to be replaced with Zelkovas. It has provided time to evaluate it as a street tree. The Zelkovas planted have generally grown very well. However, due to the size and shape, staff are concerned that it might create too massive of a canopy if planted throughout the entire downtown area.

Staff instead are recommending a combination of tree species be planted in the downtown area. As a result, the City contracted with RRM Design Group again

CITY COUNCIL

CONSIDERATION OF DOWNTOWN STREET TREE REPLACEMENT PLAN
SEPTEMBER 26, 2023
PAGE 2 OF 3
to assist with preparing an overall plan for street trees in the downtown area.

The plan is now being presented to City Council for consideration.

DISCUSSION:

The downtown has been defined as Broadway Street from First Street to San Lorenzo Avenue. Staff believes a combination of tree species instead of just one will provide an attractive appearance in the downtown area, will enable tree size and characteristics to be better customized for each location, and will provide a healthier urban forest by being more resistant to disease.

Staff recommends a combination of tree species that includes one large tree, one evergreen tree, one tree that provides fall colors and one flowering tree. The trees selected include Zelkova, Chinese Pistache, Crape Myrtle, and the Strawberry Tree. The Chinese Pistache will be planted in the new bulbouts. The other trees will be placed randomly to replace the Magnolias.

The consultant landscape architect evaluated each tree location and recommended one of the selected tree species for each tree replacement. In addition to tree replacements, a few new trees are proposed in locations where there are significant spaces between existing trees. Trees were selected based on their resistance to wind, appropriate to the King City climate, and ability to provide a variation of size, shape and color. The only concern identified with the trees is that the Strawberry Tree produces fruit, but staff believes it won’t create a significant issue given the limited number of that tree species included in the plan.

It is recommended that one of the tree species be planted each year. Therefore, it would reduce the visual impact at any given time and the new trees can be phased in gradually. This will allow one species to become established before additional trees are removed and a new species is introduced. It will also manage the number of trees staff will need to water at any given time. It is recommended the trees be replaced over a 4-year period. This year, the Chinese Pistache will be planted in the new bulbouts. The other trees would be planted over the next 3 years.

COST ANALYSIS:

The cost of the Chinese Pistache trees is already incorporated into the budget for the Downtown Streetscape Improvement Project. The remaining cost is estimated to be $135,000, which will result in an annual budget impact of $45,000. Additional funds would need to be appropriated for FY 2024-25 during the annual budget adjustment process to address this cost in order to proceed on schedule.