Agenda — King City City Council, October 10, 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 OCTOBER 10, 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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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. Kendra Howell, Blue Zones Project Monterey County

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 Any Council Member, the City Manager, or the City Attorney may request that an item be withdrawn from the Consent Agenda to allow for full discussion.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 Items withdrawn from the Consent Agenda may be considered by separate motions at the conclusion of the discussion of each item.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 26, 2023, Council Meeting Recommendation: approve and file.

B. Consideration: City of King Check Register September 16, through September 30, 2023
Recommendation: receive and file.

C. Consideration: An Amendment to Chapter 7.25 Noise Control Standards Recommendation: waive the second reading by title only and adopt an Ordinance amending Chapter 7.25 of the King City Municipal Code pertaining to prohibited noise making conduct.

D. Consideration: An Ordinance Amending Parking Restrictions Recommendation: waive the second reading by title only and adopt an Ordinance Chapter 10.22 to amend parking restrictions on portions of Broadway Street and Canal Street.

E. Consideration: An Ordinance Amending Chapter 17.09 Property Maintenance Standards
Recommendation: waive the second reading by title only and adopt an Ordinance amending Chapter 17.09 of the King City Municipal Code pertaining to restrictions on paving and parking in front yard areas.

F. Consideration: Office of Traffic Safety STEP Grant
Recommendation: Adopt a Resolution authorizing the Chief of Police to accept the Selective Traffic Enforcement Program (“STEP”) grant and enter into the resultant grant agreement and any amendments with the California Office of Traffic Safety (OTS).

G. Consideration: Award of Bid for the 2023 King City Sediment Removal Project Recommendation: 1) award the base bid for the 2023 King City Sediment Removal Project as proposed by low bidder, Specialty Construction Company, in the amount of $71,995.00; and 2) authorize the City Manager to execute the contract and approve change orders up to 25%.

10. PUBLIC HEARINGS
None

11. REGULAR BUSINESS
A. Consideration: Rejection of All Proposals Received by the Cities of Gonzales, Soledad, Greenfield and King (Cities) for Collection of Solid Waste, Recyclables and Organic Waste
Recommendation: 1) reject all proposals received from the Request for Proposals (RFP) for collection of solid waste, recyclables and organic waste for all the South Monterey County cities; and 2) direct staff to enter into discussions with both the South Monterey County incumbent waste haulers for an extension of the City’s current franchise agreement with Waste Management or participation in the extension of the franchise agreement of the other South Monterey County cities with Tri-Cities Disposal & Recycling.

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.

Page 1 of 4 ends

City Council Meeting
September 26, 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
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. National Alcohol and Drug Addition Recovery Month Proclamation presented to Denise Velasquez by Mayor Mike LeBarre. Hailey from San Luis Obispo County spoke on her experience and explained that Sun Street was lifesaving and life changing for her.

Mayor LeBarre asks for a motion to change the order of 10(B) and 10(C). On a motion by Councilmember Avalos and a second by Councilmember DeLeon the order was changed to take item 10(C) before item 10(B). Motion carried 5-0.

6. PUBLIC COMMUNICATIONS:

Liz Hall, Waste Management, Public Sector Manager announced out last drop off event numbers and stated that the next community drop-off event would be Saturday, October 14, 2023, 8a.m.-10:30a.m. until dumpsters are full at the Salinas Valley Fairgrounds on Division St. She further explained that an Expanded Household Hazardous Waste Collection (antifreeze, batteries, latex paint, pesticides, fertilizers etc.) will be available by appointment as space is limited. King City in Bloom will be doing a cleanup event the same day from 8:30a.m.-10a.m.

7. COUNCIL COMMUNICATIONS:

Council Member DeLeon stated he had nothing to report tonight.

Mayor Pro Tem Victoria stated he had nothing to report tonight.

Council Member Avalos stated he had nothing to report tonight.

Council Member Cullens reminded that his district 5 block party is Thursday September 28th at 5:30p.m.- 7:30p.m. 300 Block of Forden Dr.

Mayor LeBarre stated the city paid for his attendance to be a panelist for the League of California Cities annual conference held in Sacramento to speak on homelessness. The conference was well attended. 9(A)

Page 2 of 4 ends

8. CITY STAFF REPORTS AND COMMENTS:

City Manager Adams stated work expected to start on housing for the unhoused at San Antonio and Broadway this week. Work expected to start on Downtown Plaza this week as well. Streetscape plan work is on schedule so it should not interfere with the Christmas Parade. Senator Caballero will be here at City Hall Monday October 9th at 9:00 a.m. to present a check for City park upgrades including tennis courts.

She will be in on the ribbon cutting for the new firetruck as well at the fire station at 9:15a.m.

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

9. CONSENT
A. Consideration: Meeting Minutes of September 12, 2023, Council Meeting B. Consideration: City of King Check Register September 1, through September 15, 2023 C. Consideration: Amendment to Master Fee Schedule
D. Consideration: City of King KCCP Payments for the Month of August 2023 E. Consideration: Riverbed Wildfire Prevention Plan Consultant Services Agreement 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 G. Consideration: Award of a Consultant Services Agreement for Preparation of a Transportation Analysis of Vehicle Miles Traveled (VMT)
H. Consideration: Consultant Services Agreement for Labor Compliance Monitoring Services for the Downtown Plaza Project
I. Consideration: Consideration of Adjustments to Cannabis Tax Rates J. Consideration: Consultant Services Agreement for Labor Compliance Monitoring Services for the Downtown Streetscape Project
Council member Cullen pulled item H and J.

Action: Motion to approve consent agenda items A- G and I by Victoria seconded by Cullen.

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

ABSENT: Council Members:

ABSTAIN: Council Members:

City Attorney Santos stated that Council member Cullen owns property with in 500ft of Item H and J. He recused himself and left the room
Action: Motion to approve consent agenda items H and J by DeLeon seconded by Avalos.

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

ABSENT: Council Members: Cullen
ABSTAIN: Council Members:

Council member Cullen came back to the meeting.

10. PUBLIC HEARINGS:

A. Consideration: An Ordinance Amending Chapter 7.25 Noise Control Standards City Manager Adams introduced this item.

Page 3 of 4 ends

Mayor LeBarre opened the public hearing.

Nancy Nino handed out what she was going to speak on. She expressed her gratitude to Steve Adams for providing her with a platform for her to be heard and thanked the Mayor and City Council for their hard work for the community. She is appreciative of the welcoming to this small town. She is a realtor. She spoke on her boyfriend’s experience living on Grove Place and the noise that he had to deal with from Haven Dr. and other nights from other areas. After three months he sold his home to rent in a quieter neighborhood. In the last three months she has had 2 clients wanting to move from in town to Pine Canyon because of the noise in town. She has clients in Pine Canyon that have declined in town options because of the noise. Between May and July she called the noise hotline 6 times.

Karen Jernigan, 206 N. Mildred, she spoke to noise from the loud vehicles going up and down her street.

Mayor LeBarre closed the public hearing. He read the ordinance by title only.

Mayor Pro Tem Victoria would like a list of infractions in the last 6 months. He feels everyone is happy the way it is.

City Council would like the noise to be monitored and see what has developed in six months to a year.

Action: Motion to 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 public hearing, waive first reading of the Ordinance and approve the introduction of the Ordinance by Cullen seconded by DeLeon.

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

ABSTAIN: Council Members:

C. Consideration: An Ordinance Amending Chapter 17.09 Property Maintenance Standards City Manager Adams introduced this item.

Mayor LeBarre opened the public hearing seeing and hearing no one come forward he closed the public hearing. He read the ordinance by title only.

Action: Motion to 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 by Avalos seconded by Victoria.

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

ABSENT: Council Members:

ABSTAIN: Council Members:

Council Member Cullen left the meeting at 7:09p.m.

B. Consideration: An Ordinance Amending Parking Restrictions City Manager Adams introduced this item.

Page 4 of 4 ends

Mayor LeBarre opened the public hearing seeing and hearing no one come forward he closed the public hearing. He read the ordinance by title only.

Action: Motion to 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 by Avalos seconded by Victoria.

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

ABSENT: Council Members: Cullen
ABSTAIN: Council Members:

11. REGULAR BUSINESS
A. Consideration: Downtown Street Tree Master Plan
City Manager Adams introduced this item.

Karen Jernigan thanked for the effort to being beautiful trees to our town. She would like to make sure they keep them trimmed as to not cover the signs of the business.

Mayor LeBarre suggested planting all the types of trees at the Corp yard so they could be seen before planted around town.

Action: Motion to approve a Street Tree Master Plan for the Broadway Street downtown area from First Street to San Lorenzo Street by Avalos seconded by DeLeon.

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

ABSENT: Council Members: Cullen
ABSTAIN: Council Members:

12. CITY COUNCIL CLOSED SESSION
None
ADJOURNMENT:

Mayor LeBarre adjourned the meeting at 7:27p.m.

Approved Signatures:

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

REPORT TO THE CITY COUNCIL
DATE: OCTOBER 10, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER
SEPTEMBER 16 THROUGH SEPTEMBER 30, 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: OCTOBER 10, 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 waive the second reading by title only and adopt an Ordinance amending Chapter 7.25 of the King City Municipal Code pertaining to prohibited noise making conduct.

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 by modifying the location where decibel readings are conducted. The proposed Ordinance was presented at the September 26, 2023 meeting, and the introduction was approved.

CITY COUNCIL
CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 7.25 NOISE

CONTROL STANDARDS
OCTOBER 10, 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. Adopt the Ordinance;

2. Modify the Ordinance to specify a different location for taking the measurement and re-introduce;

3. Modify the Ordinance to add other changes;

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

5. Provide staff other direction.

01222.0001/903428.1
ORDINANCE NO. 2023-820

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KING AMENDING CHAPTER 7.25 NOISE CONTROL STANDARDS, OF TITLE 7 OF THE KING CITY

MUNICIPAL CODE PERTAINING TO PROHIBITED NOISE MAKING CONDUCT WHEREAS, the City of King (“the City”) has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City, California Constitution Article XI, section 7; and
WHEREAS, pursuant to the City’s express statutory authority and its police power, the City desires to enact reasonable regulations on noise levels within the city limits; and WHEREAS, the City has a compelling interest in protecting the public health, safety, and welfare of its citizens, residents, visitors and businesses, and in preserving the peace and quiet of the neighborhoods within the City by regulating noise levels within the city limits; and WHEREAS, this Ordinance is intended to regulate noise levels within the city limits to ensure the health, safety and welfare of both businesses and city residents; and WHEREAS, nothing in this Ordinance shall be construed to: (1) allow any person to engage in conduct that endangers others or causes a public nuisance; or (2) allow any activity relating to noise levels within the city limits which are illegal under state or federal law; and NOW THEREFORE, the City Council of the City of King does hereby ordain as follows:

SECTION 1. The above recitals are incorporated hereby by reference.

SECTION 2. The Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment. (CEQA Guidelines § 15061(b)(3).) Further, the adoption and implementation of this Ordinance is not a project, as defined in CEQA Guidelines section 15378, because it has no potential for resulting in physical change to the environment, either directly or indirectly, and is therefore not subject to environmental review under CEQA pursuant to CEQA Guidelines section 15060(c)(3).

SECTION 3. Chapter 7.25, of Title 7, of the King City Municipal Code is hereby amended to read as follows:

Chapter 7.25

NOISE CONTROL STANDARDS
Section 7.25.050 Exterior noise standards.

A. It is unlawful except as otherwise specified in this chapter for any person at any location within the City to create any noise which causes the noise levels on an affected property, when measured in the designated noise area, to exceed the specified exterior noise standards when measured from the public right-of-way adjacent to the property where the noise is created. 01222.0001/903428.1
B. The following exterior noise standards, unless otherwise specifically indicated in this Chapter, shall apply to all properties within the city limits of the City of King.
a. 9:00 am to 10:00 pm
i. Maximum Level, 80 dB
b. 10:00 pm to 9:00 am
i. It is unlawful for any person to use or operate or permit the use or operation of any sound amplifying equipment outdoors or indoors when used or operated to reach persons outdoors.

Section 7.25.060 Interior noise standards.

A. In an apartment, condominium, town house, duplex or multiple dwelling unit it shall be unlawful for any person to create any noise from inside his unit that causes the noise level when measured in a neighboring unit to exceed the specified exterior noise standards.

B. The following interior noise standards, unless otherwise specifically indicated in this Chapter, shall apply to all properties within the city limits of the City of King.
a. 9:00 am to 10:00 pm
i. Maximum Level, 55 dB
b. 10:00 pm to 9:00 am
i. It is unlawful for any person to use or operate or permit the use or operation of any sound amplifying equipment indoors when used or operated to reach persons outdoors.

SECTION 4: EFFECTIVE DATE.

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

I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the _____ 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:
01222.0001/903428.1
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. 9 (D)

REPORT TO THE CITY COUNCIL
DATE: OCTOBER 10, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF AN ORDINANCE AMENDING PARKING

RESTRICTIONS
RECOMMENDATION:

It is recommended the City Council waive the second reading by title only and adopt an Ordinance amending Chapter 10.22 to amend parking restrictions on portions of Broadway Street and Canal Street.

BACKGROUND:

In 2021, the City Council adopted new parking restrictions in the downtown area to address concerns about the lack of parking for customers. A two-hour limit was established. However, after security concerns were expressed by employees on the 300 block of Broadway Street regarding having to park a longer distance from the front of their store, it was determined to implement the restrictions in a phased approach. It was approved to begin with the 200 block, since that was where the majority of complaints occurred, and then expand to the other blocks once improvements are made and more activity occurs in those segments.

It was also later agreed to defer enforcement until the downtown streetscape improvements are completed. This was proposed to avoid more disruption than necessary and to allow placement of the signs to occur as part of the improvements. As a result, no enforcement has taken place.

Since that time, staff have been working with local businesses on a number of efforts and have received additional concerns about the lack of available onstreet parking. Given new businesses being planned and the upcoming completion of the Downtown Streetscape and Downtown Plaza projects, staff

CITY COUNCIL

CONSIDERATION OF AN ORDINANCE AMENDING PARKING

RESTRICTIONS
OCTOBER 10, 2023
PAGE 2 OF 3
recommend the City Council consider expanding the 2-hour parking restrictions at this time.

In addition, the City has received a request from the Grace Lutheran Church for consideration of time restrictions on a segment of Canal Street consisting of 1 to 2 spaces.

All business and property owners on Broadway Street in the area impacted were notified of the public hearing on September 26th. The Council introduced the Ordinance at that meeting.

DISCUSSION:

Staff believe it would be a good time to coordinate downtown parking changes with the other improvements under way. It would be most efficient and easier for the public to adjust to if all the changes were implemented at the same time.

When the improvements are completed, staff anticipate an increase in parking demand. Most importantly, staff believe it would improve understanding, compliance and enforcement if parking restrictions were consistent throughout the downtown area.

Therefore, if approved, signage would be installed as part of the final stage of the streetscape improvements. Enforcement would begin with warnings when the streetscape improvements are completed and then transition to citations following a public education period.

Staff also recommend adding parking restrictions on a small portion of Canal Street adjacent to Grace Lutheran Church. Long-term parking has been utilizing the spaces in that area. As a result, it causes problems for funerals and other activities where a vehicle needs to be parked in front of the church. This will be consistent with the action taken in response to a similar request from St. John the Baptist Catholic Church.

The language in the Municipal Code referring to parking restrictions on 3rd Street in front of St. John the Baptist Catholic Church was inadvertently deleted during the last update to this section. Therefore, it is included in the Ordinance and identified as a new change even though it was previously adopted by the City Council.

COST ANALYSIS:

The cost to implement this item is projected to be $5,000 to $10,000 for signage.

01222.0001/330347.1
ORDINANCE NO. 2023-818

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 01222.0001/903428.1 -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.

NOES:

ABSTAIN:

ABSENT:

ATTEST
ERICA SONNE, City Clerk

CITY OF KING
By:

MIKE LEBARRE, Mayor
APPROVED AS TO FORM:

By:

Item No. 9 (E)

REPORT TO THE CITY COUNCIL
DATE: OCTOBER 10, 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 waive the second reading by title only and adopt an Ordinance amending Chapter 17.09 of the King City Municipal Code pertaining to restrictions on paving and parking in front yard areas.

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.

01222.0001/903428.1
ORDINANCE NO. 2023-819

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 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.
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 7.09.050 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.

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:

Item No. 9 (F)

REPORT TO THE CITY COUNCIL
DATE: OCTOBER 10, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMES HUNT, CHIEF OF POLICE
RE: CONSIDERATION OF OFFICE OF TRAFFIC SAFETY STEP
GRANT
RECOMMENDATION:

Adopt a Resolution authorizing the Chief of Police to accept the Selective Traffic Enforcement Program (“STEP”) grant and enter into the resultant grant agreement and any amendments, with the California Office of Traffic Safety (OTS).

BACKGROUND:

Since 2018, the King City Police Department has seen an increase in traffic collisions involving injury, with the highest number occurring in 2022. In 2022, 27 collisions resulted in 39 people being injured. This number was an increase from 2021 when 26 collisions resulted in 37 people being injured. In 2022, the King City Police Department made 50 arrests for driving under the influence of alcohol (DUI) and had 14 collisions where alcohol was cited as a factor. In 2021, the King City Police Department made 33 DUI arrests and had 12 collisions where alcohol was cited as a factor.

In 2022, the King City Police Department took 124 traffic collision reports, which was a decrease from 2021 when the Police Department took 131 traffic collision reports. While there was a decrease in the total number of traffic collision reports year to year, 2022 saw an increase in the number of traffic collision reports involving injury, collision reports citing alcohol as a factor, and collision reports involving a hit and run.

The King City Police Department makes traffic enforcement a priority in our jurisdiction. However, despite these efforts, traffic complaints and concerns remain the number one issue facing the department. In years prior, the Police Department has been successful in being awarded STEP grants which were

CITY COUNCIL

CONSIDERATION OF OFFICE OF TRAFFIC SAFETY STEP GRANT
OCTOBER 10, 2023
PAGE 2 OF 3
utilized to provide advanced training to officers in the field of DUI enforcement.

With a continued partnership between the King City Police Department and OTS, the Police Department will provide extra enforcement efforts and training to our officers, which will continue to make our city safer for everyone.

DISCUSSION:

The STEP grant focuses on a comprehensive approach to enforce and encourage compliance with seat belt use, impaired driving, speed limit, and other traffic laws. Education and enforcement are two very important components of collision reduction. The acceptance of the STEP grant will allow the King City Police Department to bolster its enforcement and education efforts in all of the problem areas mentioned.

The grant award for $72,000 will allow the King City Police Department to perform overtime operations related to DUI checkpoints and saturation patrols as well as traffic enforcement operations linked to distracted driving and primary collision factors. These comprehensive programs have a long-lasting impact in reducing both fatal and injury collisions. The grant will also fund expenses related to training personnel to identifying persons driving under the influence of alcohol and/or drugs.

The City has previously been awarded an OTS grant and has successfully managed the award activities. Staff recommends the Council approve accepting the STEP grant in the amount of $72,000 and approve the budget amendment to use these funds for the approved activities.

COST ANALYSIS:

The total cost of this project will not exceed $72,000. Grant revenues will be deposited into a specified budget code to directly offset expenditures. This grant will fund overtime, benefits, equipment, training costs, and reduce additional General Fund expenditures resulting in a zero net difference to the approved budget.

8/23/2023 12:19:10 PM Page 1 of 16
State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT24096

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
King City From:

To:
10/01/2023
09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT
King City Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $72,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Anthony Shaw
Sergeant
[email protected]
(831) 386-5996
415 Bassett Street
King City, CA 93930
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

James Hunt
Chief of Police
[email protected]
(831) 386-5944
415 Bassett Street
King City, CA 93930
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Mike Howard
Finance Director
[email protected]
(831) 674-5562
212 N. Vanderhurst
King City, CA 93930
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
EXHIBIT 1
8/23/2023 12:19:10 PM Page 2 of 16

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $72,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$72,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $72,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

V1ZFGBFWF7H9
212 S. Vanderhurst Ave
King City
93930-2922
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
8/23/2023 12:19:10 PM Page 3 of 16
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT24096

1. PROBLEM STATEMENT
The King City Police Department provides law enforcement services for the City of King. The City of King has a population of about 14,000. We are in southern Monterey County within the Salinas Valley portion of the Central Coast along US 101. The City of King is just under 4 square miles and includes a high school and 5 lower public schools, a major hospital, a golf course, and a municipal airport. The City of King is surrounded by agricultural land and has three Migrant Camps within our city that houses migrant workers. The City of King is a stopping point for people traveling along US 101. Our town offers many small locally owned stores and restaurants as well as many gas stations in and around the exits for people traveling through.

In addition to the 6 public schools within the City of King, there is a Community College Campus, and an Aviation School. There are also several pre-schools, Co-Ops, and private schools where people from neighboring cities travel to further their education. This increases our traffic volume during the morning commute and creates a heavy afternoon commute. As a result, we have high pedestrian and bicycling activity within our community.

Since 2018, the King City Police Department has seen an increase in injury traffic crashes. With the highest number of injury traffic crashes being in 2022 with 27 injury crashes resulting in 39 people being injured. The number was up from 2021 with 26 injury crashes resulting in 37 people being injured. In 2022, the King City Police Department made 50 DUI arrests, and had 14 crashes where alcohol was related. In 2021, the King City Police Department made 33 DUI arrests, and had 12 crashes where alcohol was related.

In 2022, the King City Police Department took 124 crash reports, which was a decrease from 2021 where the police department took 131 crash reports. While there was a decrease in the total number of traffic crash reports, there was an increase in the number of injury traffic crash reports, alcohol related traffic crash reports, and hit and run traffic crash reports in 2022.

While the King City Police Department continues to make traffic enforcement and DUI enforcement a priority in our community, we have continued to see an increase in traffic crashes throughout our town. Speeding vehicles continue to be an issue within our city, due to the number of vehicles that drive through our city to get to cities within the Central Valley Region of California. We also have a large agricultural community, which leads to commercial vehicles traveling within the city, which can cause some drivers to become impatient and attempt to pass these vehicles in areas where passing is not allowed. In an attempt to combat the speeding issues, a major project that was recently completed included conducting a speed and engineering survey on most streets within the city. With the completion of this project the local speed limits can be enforced with the utilization of radar and lidar.

King City Police Department makes traffic enforcement a priority in our jurisdiction however, despite our efforts, traffic complaints and concerns remain the number one issue facing our department. The King City Police Department continues to hire new officers to fill the spots of those that have left for other agencies. The Police Department was awarded a STEP grant and has utilized this grant to provide advanced training to our officers in the field of DUI enforcement. The King City Police Department has generated a plan and put this plan in action to conduct uninterrupted enforcement which has allowed our officers to address the needs of our communities traffic related issues. With a continued partnership between the King City Police Department and OTS, we can continue to provide extra enforcement efforts and training to our officers, which will continue to make our city safer for everyone in it.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes. 8/23/2023 12:19:10 PM Page 4 of 16

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 4 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 2

7. Send law enforcement personnel to the DRE Recertification training. 2

8. Send law enforcement personnel to SFST Instructor training. 1

9. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
2 10. Conduct DUI Saturation Patrol operation(s). 12

11. 12. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
7 13. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
1 14. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 2 8/23/2023 12:19:10 PM Page 5 of 16

15. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 16. Participate in highly visible collaborative DUI Enforcement operations. 4

17. Participate in highly visible collaborative Traffic Enforcement operations. 2

18. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
1 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is 8/23/2023 12:19:10 PM Page 6 of 16
happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
8/23/2023 12:19:10 PM Page 7 of 16
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
8/23/2023 12:19:10 PM Page 8 of 16
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT24096

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
402PT-24 20.600 State and Community Highway
Safety
$40,000.00
164AL-24 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$32,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-24 $3,500.00 2 $7,000.00
DUI Saturation Patrols 164AL-24 $1,200.00 12 $14,400.00 Collaborative DUI Enforcement 164AL-24 $1,500.00 4 $6,000.00 Benefits 164OT @1.45% 164AL-24 $27,400.00 1 $397.00
Traffic Enforcement 402PT-24 $1,250.00 7 $8,750.00
Distracted Driving 402PT-24 $1,250.00 1 $1,250.00
Pedestrian and Bicycle Enforcement 402PT-24 $1,250.00 2 $2,500.00 Collaborative Traffic Enforcement 402PT-24 $1,500.00 2 $3,000.00 Benefits 402OT @ 1.45% 402PT-24 $16,000.00 1 $232.00
Category Sub-Total $43,529.00
B. TRAVEL EXPENSES
In State Travel 402PT-24 $4,268.00 1 $4,268.00
$0.00
Category Sub-Total $4,268.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
Changeable Message Sign Trailer with
Radar
402PT-24 $20,000.00 1 $20,000.00
Category Sub-Total $20,000.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-24 $4,203.00 1 $4,203.00
Category Sub-Total $4,203.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $72,000.00
8/23/2023 12:19:10 PM Page 9 of 16
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT24096

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Benefits 164OT @1.45% - Total Benefits:

Medicare 1.45%
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Benefits 402OT @ 1.45% - Total Benefits:

Medicare 1.45%

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the California Traffic Safety Summit (November 7-8, 2023, in Orange County) and the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
Changeable Message Sign Trailer with Radar - Fully equipped changeable message sign trailer(s) with a radar device and digital display that is portable and fully programmable and will determine and display the speed of vehicles or post traffic safety information and messages during OTS funded operations.

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT24096
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).
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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. 8/23/2023 12:19:10 PM Page 12 of 16
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 8/23/2023 12:19:10 PM Page 13 of 16

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 8/23/2023 12:19:10 PM Page 14 of 16
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—

PRIMARY TIER COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 8/23/2023 12:19:10 PM Page 15 of 16
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
8/23/2023 12:19:10 PM Page 16 of 16

DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving companyowned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

Item No. 9 (G)

STAFF REPORT
DATE:

TO:

FROM:

RE:

OCTOBER 10, 2023

HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

OCTAVIO HURTADO, PUBLIC WORKS DIRECTOR/CITY

ENGINEER
CONSIDERATION OF AWARD OF BID FOR THE 2023 KING

CITY SEDIMENT REMOVAL PROJECT
RECOMMENDATION:

It is recommended City Council: 1) award the base bid for the 2023 King City Sediment Removal Project as proposed by low bidder, Specialty Construction Company, in the amount of $71,995.00; and 2) authorize the City Manager to execute the contract and approve change orders up to 25%.

BACKGROUND:

On September 12, 2017, Council approved entering into an agreement to participate in the Salinas River Maintenance Program. The purpose of the agreement is to ensure compliance with the terms and conditions of the U.S.

Army Corps of Engineers’ 404 Permit, State Regional Water Quality Control Board 401 Certification, and the Program Guidelines.

A component of the Salinas River Stream Maintenance Program is to remove sediment along the San Lorenzo Creek. Maintenance of the San Lorenzo Creek Channel is a high priority to the City due to potential flooding during major storms. Sediment has built up over the years, reducing the flow capacity of the creek. To help minimize the damage to adjacent properties along the San Lorenzo Creek, Monterey County Water Resource Agency (MCWRA) has obtained environmental permits to perform various maintenance activities within the Salinas River and the San Lorenzo Creek. These permits consist of the U.S Army Corps of Engineers (USACE) General 404 Permit and the State of California Regional Water Quality Control Board (RWQCB) 401 Water Quality Permit. These permits restrict the activities performed within the Salinas River and the San Lorenzo Creek by the adjacent property owners.

CITY COUNCIL
CONSIDERATION OF AWARD OF BID FOR THE 2022 KING CITY SEDIMENT

REMOVAL PROJECT
OCTOBER 10, 2023
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The permits allow for 2,000 Cubic Yards of sediment to be removed within each permit year. The City prepared and submitted a work plan to remove sediment and transport it to a site upstream. The upstream site was sold by the City, but the rights to place sediment associated with this program were retained.

The City participated in the program in 2017 and removed the first 2,000 cubic yards of sediment along the Creek between US 101 bridge to the first golf course access bridge. In 2018, the City did not participate in the program due to budget constraints. In 2019 through 2022, the City resumed participation in the sediment removal program upstream from the US 101 bridge. This would be the sixth round of sediment removal to help reduce the potential of flooding.

DISCUSSION:

The City received an approved Verification Request Form (VRF) under Routine Maintenance Agreement No 1600-2016-0016-R4 for the proposed work.

Improvement Plans and Specifications were put out to bid for the 2023 King City Sediment Removal Project. The proposed project consists of sediment removal of 2,000 cubic yards out of the San Lorenzo Creek form the First Street bridge to the US 101 bridge. Sediment is to be trucked out along an established access route. No more than two feet in depth of sediment will be removed, and the upstream-to-downstream slope will be maintained. The areas where sediment removal will take place are devoid of vegetation, so vegetation removal will not occur. Access will follow existing routes. No new access routes will be created.

The City received the following bids:

Contractor Base bid
Specialty Construction Company Inc. $72,995.00
The Don Chapin Company Inc. $90,000.00
COST ANALYSIS:

Funding for this project was included in the 2023/2024 budget. The City appropriated $100,000 to prepare plans and specs, perform the work, and provide inspection and biological monitoring.

ENVIRONMENTAL REVIEW:

MCWRA has obtained environmental permits to perform various maintenance activities with the Salinas River and the San Lorenzo Creek. These permits consist of the U.S Army Corps of Engineers (USACE) General 404 Permit and the State of California Regional Water Quality Control Board (RWQCB) 401

EXHIBIT 1

EXHIBIT 2
Item No. 11 (A)

REPORT TO THE CITY COUNCIL
DATE: OCTOBER 10, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
BY: PATRICK MATHEWS, GENERAL MANAGER AND ELIA ZAVALA,

CONTRACTS AND GRANTS ANALYST, SALINAS VALLEY SOLID

WASTE AUTHORITY
RE: CONSIDERATION OF REJECTION OF ALL PROPOSALS

RECEIVED BY THE CITIES OF GONZALES, SOLEDAD,

GREENFIELD, AND KING (CITIES) FOR COLLECTION OF SOLID

WASTE, RECYCLABLES, AND ORGANIC WASTE
RECOMMENDATION:

It is recommended the City Council: 1) reject all proposals received from the Request for Proposals (RFP) for collection of solid waste, recyclables and organic waste for all the South Monterey County cities; and 2) direct staff to enter into discussions with both the South Monterey County incumbent waste haulers for an extension of the City’s current franchise agreement with Waste Management or participation in the extension of the franchise agreement of the other South Monterey County cities with Tri-Cities Disposal & Recycling.

BACKGROUND:

The City’s Revised and Restated Franchise Agreement (Agreement) with USA Waste of California, dba Waste Management (WM) for the subject services is due to expire on June 30, 2025. The Cities of Gonzales, Soledad, and Greenfield’s franchise agreement with Tri-Cities Disposal & Recycling is also due to expire on the same date. This contract term alignment allowed all South Monterey County Cities to jointly solicit competitive bids and evaluate service proposals and select the proposal that best serves the Cities’ needs. The proposals were received and reviewed by the evaluation committee made up of the South Monterey County city managers and their designated staff, coordinated by the Cities’ franchise administrator Salinas Valley Solid Watse Authority (SVSWA).

CITY COUNCIL

CONSIDERATION OF REJECTION OF ALL PROPOSALS RECEIVED BY THE

CITIES OF GONZALES, SOLEDAD, GREENFIELD, AND KING (CITIES) FOR

COLLECTION OF SOLID WASTE, RECYCLABLES, AND ORGANIC WASTE OCTOBER 10, 2023
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01222.0001/924972.1
The joint RFP was designed to attract competitive bids and rates due to the increased economies of scale. The RFP intended to select a contractor to provide uniform collection services for all four cities with some customizable options for each of the cities, such as waste transfer options, billing structure, and other additional services, including providing increased commercial bin recycling capacity equivalent to each customer’s weekly garbage capacity.

DISCUSSION:

On June 30, 2023, SVSWA received proposals from three companies. SVSWA compiled the proposals’ data for analysis by the RFP evaluation team. The proposals’ rates were compared to the equivalent services at the current contract rates and the results were not favorable resulting in significantly higher costs. In brief, the proposal rates ranged from an average of 33% to 55% increase in certain customer service rates, with some services reaching almost 100% increase.

After review and analysis of the proposals, the evaluation team unanimously reached consensus to reject all proposals based on the overall increased costs to customers from each of the proposers. Although the proposed contract included enhancement services (mostly to the City of King, the other cities would be receiving about the same services), the RFP did not meet the overarching goal of reducing customer rates based on the increased economies of scale. Waste Management also submitted an unsolicited proposal for servicing King City only which had slightly lower rates than their 4-City proposal. However, after further evaluation of that proposal, the recommendation is to reject that proposal as well due to the considerable increase in costs to customer rates.

The proposals received were from the following companies:
• GreenWaste Recovery, LLC
• Recology, Inc.
• USA Waste of California, Inc. (Waste Management)
In consideration of the timeline and the current contract expiring on June 30, 2025, staff requests authorization from City Council to enter into discussions with both of the current South Monterey County franchise haulers for a potential contract extension. The City Managers have all coordinated with the Salinas Valley Solid Waste Authority and all will be presenting recommendations to their city councils to reject all proposals.

RESOLUTION NO. 2023-4965

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING REJECTING ALL

PROPOSALS RECEIVED BY THE CITIES OF GONZALES, SOLEDAD, GREENFIELD, AND

KING (CITIES) TO SELECT A QUALIFIED CONTRACTOR TO COLLECT SOLID WASTE,

RECYCLABLES, AND ORGANIC WASTE WITHIN THE BOUNDARIES OF EACH CITY AS A

SINGLE FRANCHISE COLLECTION ZONE
WHEREAS, the City Council of the City of King authorized the Salinas Valley Solid Waste Authority to release for a Request for Proposals on behalf of the City of King due on June 30, 2023; and, WHEREAS, three proposals were received and evaluated; and, WHEREAS, the received proposals provided overall higher than expected customer rates; and,

NOW, THEREFORE, BE IT RESOLVED, BY CITY COUNCIL OF THE CITY OF KING that the City Manager is hereby authorized and directed for, and on behalf of, the City Council of the City of King to reject all proposals received on June 30, 2023; and, BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed for, and on behalf of, the City of King to carry out all that is necessary to give effect to that direction.

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:

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

King City City CouncilOctober 10, 2023

King City City Council
October 10, 2023