AGENDA
REGULAR MEETING OF THE
CITY OF KING CITY COUNCIL
AND
Sitting as SUCCESSOR AGENCY OF
THE RDA FOR THE CITY OF KING
TUESDAY NOVEMBER 14, 2023
6:00 P.M.
CITY HALL
212 S. VANDERHURST AVENUE
KING CITY, CALIFORNIA 93930
The City Council meeting will be conducted in hybrid in-person/virtual format.
To join the meeting virtually, please use the link below to join the Zoom meeting:
https://bit.ly/3e0zvaR
Meeting ID: 881 5287 9536
Or by telephone: 1-669-900-9128
Passcode: 052933
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, Please contact the City Clerk's Office (831-386-5925) at least 48 hours prior to the Meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting. * Please submit all correspondence for City Council PRIOR to the meeting with a copy to the City Clerk.
1. CALL TO ORDER
2. ROLL CALL: Council Members Oscar Avalos, Carlos DeLeon, Robert Cullen, Mayor Pro Tem Carlos Victoria, and Mayor Mike LeBarre
3. FLAG SALUTE
4. CLOSED SESSION ANNOUNCEMENTS
5. SPECIAL PRESENTATIONS
A. Swearing in of Robert Ramon, New Police Officer, by Chief Hunt
6. PUBLIC COMMENT
Any member of the public may address the Council for a period not to exceed three minutes’ total on any item of interest within the jurisdiction of this Council that is not on the agenda. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda. Comments should be directed to the Council as a whole and not to any individual Council Member. Slanderous, profane or personal remarks against any Council Member, staff member or member of the audience is not permitted.
7. COUNCIL COMMUNICATIONS & COMMITTEE REPORTS
Individual Council Members may comment on Council business, his or her Council activities, City operations, projects or other items of community interest. Council Members may also request staff to report back at a subsequent meeting on any matter or take action to direct staff to prepare a staff report for a future agenda.
8. STAFF COMMUNICATIONS
Comments presented by the City Manager, City Attorney or other staff on City business and/or announcements.
9. CONSENT AGENDA
The following items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Members of the audience may speak on any item(s) listed on the Consent Agenda. Any Council Member, the City Manager, or the City Attorney may request that an item be withdrawn from the Consent Agenda to allow for full discussion.
The Council may approve the remainder of the Consent Agenda on one motion. Items withdrawn from the Consent Agenda may be considered by separate motions at the conclusion of the discussion of each item.
A. Consideration: Meeting Minutes of October 24, 2023, Council Meeting Recommendation: approve and file.
B. Consideration: City of King Check Register October 16, through October 31, 2023
Recommendation: receive and file.
C. Consideration: Special Meeting Minutes of October 27, 2023, Council Meeting Recommendation: approve and file.
D. Consideration: Acceptance of the Rava Employee Housing Subdivision Street Improvements
Recommendation: adopt Resolution No.2023-4971, accepting Subdivision Street Improvements for the Rava Employee Housing Subdivision.
E. Consideration: Appointments to the Police Department Advisory Board Recommendation: adopt a Resolution appointing Kara King, Shannon Mallory Cromer, and Charlemagne Tertulien to the Police Department Advisory Committee.
F. Consideration: Consideration of Easement Modification Agreement at APN 026-517-022, Located at 100 King Street
Recommendation: 1) adopt Resolution No. 2023-4972, accepting the proposed Easement Modification Agreement; and 2) authorize the City Manager to execute the Easement Modification Agreement.
G. Consideration: Contract Services Agreement for Community Development Block Grant (CDBG) Grant Writing, Administration and Labor Compliance Recommendation: 1) approve and authorize the City Manager to execute a Consultant Services Agreement with Adams Ashby Group for Community Development Block Grant (CDBG) Grant Writing, Administration and Labor Compliance; and 2) authorize the City Manager to make non-substantive changes as necessary approved as to form by the City Attorney.
H. Consideration: Certification of Local Funding for Purchase of a Fire Rescue Utility Truck
Recommendation: 1) adopt a Resolution certifying the commitment of local funding for the purchase of a Fire Rescue Utility Truck to meet the requirements of a USDA Community Facilities Grant; and 2) increase the amount budgeted and appropriated from the Fire Facilities Development Impact Fee Fund to $175,000.
I. Consideration: Amendment to Master Fee Schedule Modifying Airport THangar Rental Fees Recommendation: adopt a Resolution amending the Master Fee Schedule to increase the rental rates for T-hangers at the Mesa Del Rey Airport by 25% effective January 1, 2024 and an additional 25% effective January 1, 2025.
J. Consideration: Consideration of Homeless Temporary Start-Up Rental Assistance Program
Recommendation: adopt a Resolution approving rental assistance for up to three months for permanent housing for homeless families currently participating in the City’s Interim Temporary Homeless Shelter Program.
10. PUBLIC HEARINGS
A. Consideration: Ordinance Establishing Regulations on Short-Term Rentals of Residential Properties
Recommendation: introduce an Ordinance amending Chapter 5.24 and adding Chapter 7.67 to the King City Municipal Code pertaining to short-term rental of residential properties to be read by title only, open the public hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve introduction of the Ordinance.
11. REGULAR BUSINESS
A. Consideration: Unfunded Priority Needs Plan
Recommendation: 1) approve the proposed Unfunded Priority Needs Plan; and 2) direct staff to proceed with the proposed community outreach program and develop funding recommendations.
B. Consideration: Housing Element Amendment to the General Plan Workshop Recommendation: 1) receive presentation on an overview of the draft Housing Element Update recommendations; 2) receive public input; and 3) provide comments and direction.
12. CITY COUNCIL CLOSED SESSION
Announcement(s) of any reportable action(s) taken in Closed Session will be made in open session and repeated at the beginning of the next Regular City Council meeting as this portion of the meeting is not recorded.
A. Conference with Labor Negotiators
Agency Representative: Steven Adams
Employee Organization: KCPOA, KCPSA
Gov. Code Section: 54957.6
13. ADJOURNMENT
The City of King is an equal opportunity provider and employer.
Monthly Schedule, August 2023
Mike LeBarre, Mayor, King City California
MONTHLY MEETINGS:
8-2 Transportation Agency of Monterey County (TAMC),
Executive Committee, Salinas
8-3 Special South Salinas Valley Broadband Authority (SSVBA), Greenfield
8-4 Monterey County Water Resource Agency (MCWRA),
Personal and Administration Committee, Salinas
8-4 Monterey County Water Resource Agency (MCWRA),
Finance Committee, Salinas
8-4 Monterey County Mayors Association (MCMA), Seaside
8-7 Transportation Agency of Monterey County (TAMC), Rail Policy Committee, Chair, Salinas
8-8 King City Council, Council Chambers
8-14 Monterey-Salinas Transit (MST) Board of Directors, Monterey
8-16 Monterey Bay Air Resource District (MBARD) Board of Directors, Monterey
8-21 Monterey County Water Resource Agency (MCWRA),
Board of Directors, Salinas
8-22 Transportation Agency of Monterey County (TAMC), PreMeeting Briefing-Board of Directors, Zoom 8-23 Transportation Agency of Monterey County (TAMC), PreMeeting Briefing-Executive Committee, Salinas 8-23 Special Leadership Council/Continuum of Care, Zoom 8-28 Salinas Valley Mayors and Managers (SVMM), Gonzales LOCAL-STATE-FEDERAL BRIEFINGS:
8-3 HUD Briefing, Zoom
8-10 Whitehouse Briefing, Zoom
8-17 HUD Briefing, Zoom
8-31 Whitehouse Briefing, Zoom
ADDITIONAL MEETINGS/EVENTS
8-1 104.3 SMG Radio Interview w/John Michael, Phone
8-3 Special Joint MCWRA Board Leadership Committee, Salinas 8-18 Coast Rail Coordinating Council (CRCC), Santa Cruz 8-25 TAMC/Caltrans Speed Zone Discussion, Zoom
8-28 LAFCO Board of Director, Salinas
8-30 104.3 SMG Radio Interview w/John Michael, Phone
7(A)
Monthly Schedule, September 2023
Mike LeBarre, Mayor, King City California
MONTHLY MEETINGS:
9-1 Monterey County Water Resource Agency (MCWRA),
Personal and Administration Committee, Salinas
9-1 Monterey County Water Resource Agency (MCWRA),
Finance Committee, Salinas
9-1 Monterey County Mayors Association (MCMA), Greenfield 9-1 Transportation Agency of Monterey County (TAMC), PreMeeting Briefing-Executive Committee, Zoom 9-6 Transportation Agency of Monterey County (TAMC),
Executive Committee, Salinas
9-11 Monterey-Salinas Transit BOPC Committee (MST), Zoom 9-11 Monterey-Salinas Transit (MST) Board of Directors, Zoom 9-11 Transportation Agency of Monterey County (TAMC), Rail Policy Committee, Chair, Salinas
9-12 King City Council, Council Chambers
9-18 Monterey County Water Resource Agency (MCWRA),
Board of Directors, Salinas
9-20 Monterey Bay Air Resource District (MBARD) Board of Directors, Zoom
9-20 Special Leadership Council/Continuum of Care, Zoom 9-25 Salinas Valley Mayors and Managers (SVMM), Soledad 9-25 Transportation Agency of Monterey County (TAMC), PreMeeting Briefing-Board of Directors, Zoom 9-26 King City Council, Council Chambers
9-27 Transportation Agency of Monterey County (TAMC), Board of Directors, Chair, Salinas
LOCAL-STATE-FEDERAL BRIEFINGS:
9-11 District 3 Supervisor Lopez/Mayors Briefing, Zoom
9-5 HUD Briefing, Zoom
9-12 Whitehouse Briefing, Zoom
9-19 HUD Briefing, Zoom
9-26 Whitehouse Briefing, Zoom
ADDITIONAL MEETINGS/EVENTS
9-6 South County ITN Steering Committee, Zoom
9-11 Fort Hunter Liggett Patriot Day Ceremony, FHL
9-13 Blue Zone S&L Committee, Zoom
9-19 to 9-21 League of California Cities Conference, Sacramento 9-26 104.3 SMG Radio Interview w/John Michael, Phone
9-26 KCUSD Bond Oversight Committee, King City
9-28 See Monterey Board of Director, Advisor, Zoom
9-30 Sol Treasures Annual Fundraiser, King City
7(A)
Monthly Schedule, October 2023
Mike LeBarre, Mayor, King City California
MONTHLY MEETINGS:
10-2 Transportation Agency of Monterey County (TAMC), PreMeeting Briefing-Executive Committee, Zoom 10-2 Transportation Agency of Monterey County (TAMC), Rail Policy Committee, Chair, Salinas
10-4 Transportation Agency of Monterey County (TAMC),
Executive Committee, Salinas
10-6 Monterey County Water Resource Agency (MCWRA),
Personal and Administration Committee, Salinas
10-6 Monterey County Water Resource Agency (MCWRA),
Finance Committee, King City
10-6 Monterey County Mayors Association (MCMA), King City 10-9 Monterey-Salinas Transit BOPC Committee (MST), Zoom 10-9 Monterey-Salinas Transit (MST) Board of Directors, Zoom 10-10 King City Council, Council Chambers
10-12 Leadership Council/Continuum of Care, Zoom
10-16 Monterey County Water Resource Agency (MCWRA),
Board of Directors, Salinas
10-18 Monterey Bay Air Resource District (MBARD) Budget and Personnel Committee, Monterey
10-18 Monterey Bay Air Resource District (MBARD) Board of Directors, Monterey
10-19 South Salinas Valley Broadband Authority (SSVBA), Greenfield
10-23 Salinas Valley Mayors and Managers (SVMM), Greenfield 10-23 Transportation Agency of Monterey County (TAMC), PreMeeting Briefing-Board of Directors, Zoom 10-24 King City Council, Council Chambers
10-25 Transportation Agency of Monterey County (TAMC),
Board of Directors, Chair, Salinas
10-27 Special King City Council, Council Chambers
10-30 Transportation Agency of Monterey County (TAMC), PreMeeting Briefing-Executive Committee, Zoom LOCAL-STATE-FEDERAL BRIEFINGS:
10-5 HUD Briefing, Zoom
10-12 Whitehouse Briefing, Zoom
10-16 District 3 Supervisor Lopez/Mayors Briefing, Zoom 10-19 HUD Briefing, Zoom
10-26 Whitehouse Briefing, Zoom
ADDITIONAL MEETINGS/EVENTS
10-3 CSUMB President/King City Briefing, King City
10-9 Sen Caballero Check Presentation, King City
10-13 TAMC Rail Policy Committee/Santa Cruz County Regional Transportation Committee (SCCRTC) Rail Station Tour, Pajaro 10-19 Continuum of Care Homelessness Summit, Salinas
10-20 Coast Rail Coordinating Council (CRCC), Santa Barbara 10-23 TAMC Elkhorn Slough Check Presentation w/ Sen. Laird and Asm. Addis, Moss Landing
10-24 104.3 SMG Radio Interview w/John Michael, Phone
10-26 KCPD Officer Maldonado Farewell Lunch, King City
10-26 CSUMB/King City Internship Discussion, Zoom
10-26 See Monterey Board of Director, Advisor, Zoom
7(A)
Not official minutes of the meeting.
R E D U C E R E U S E R E C Y C L E
“To manage Salinas Valley solid waste as a resource, promoting sustainable, environmentally sound and cost-effective practices through an integrated system of waste reduction, reuse, recycling, innovative technology, customer service, and education.”
BOARD OF DIRECTORS
M E E T I N G HI G H L I G H T S
October 19, 2023
CONSENT AGENDA ITEMS APPROVED
▪ An agreement with Recon Refractory and Construction, Inc to replace the Crazy Horse Landfill gas flare ceramic blanket on the medium sized gas flare that was originally installed in 1998. ▪ A policy related to membership in businesses and professional organizations, which was requested by the Board at its August Board meeting.
▪ The Regular Board of Directors and Executive Committee meetings calendar for the calendar year 2024. To view or download the calendar visit our website at https://svswa.org/government/agendas-meeting-schedules/. ▪ The release and distribution of a Request for Proposals for Design and Engineering Services for two potential facility design projects and one paving project the Authority is currently examining.
SALINAS VALLEY SOLID WASTE AUTHORITY YOUTH COUNCIL
Authority staff introduced the newly established Youth Council and its members; Kelly Billman, Jenny de la Rosa, Gabriela Jaramillo, Jaena Serrano, Mahi Shah, Reuben Zamora, and Angelen Zavala. The council is made up of high school and college students from the Salinas Valley. The objective of the Youth Council is to function as a voice for teens, facilitate youth service-learning projects, facilitate on campus environmental learning, learn, and grow as environmental and political leaders in their communities. The 2023-24 Youth Council chose to work on a group project instead of individual projects. The project will be a Sustainability Fair to be held on April 6, 2024. The event will bring together members of the community to learn about ways that they can help take simple steps to put the five R’s of Refuse, Reduce, Reuse, Recycle and Rot into practice in their everyday lives. Some of the activities will include BINGO for Books, a sewing workshop, a Fix it workshop, a kids activities area, and more. More information on the event will become available soon.
ANNUAL MARKETING REPORT
The Authority staff strives to reach customers to provide as much valuable information as possible.
The Board was presented statistics demonstrating the outreach conducted via social media, paid media, newsletters, videos, podcasts, and paid school assembly shows.
The report described the events, litter cleanups, presentations, door to door visits and training that the Resource Recovery department staff completed in their efforts to assist businesses and the communities within the Salinas Valley. 2022-23 SALINAS VALLEY SOLID WASTE AUTHORITY ANNUAL REPORT The report proudly highlighted the accomplishments, events, and activities of the past fiscal year. It included statistics on the finances, marketing, media, and outreach & education at schools and businesses, and so much more. Some of the highlighted accomplishments include the progress made to the Johnson Canyon Landfill Education Center, and the extensive community outreach conducted to inspire the public to take initiative to become more resourceful and reduce waste and take part in creating a better environment. To view the full report, visit our website at https://svswa.org/about-us/annual-reports/.
LANDFILL GAS SALE AGREEMENT AND LEASE AGREEMENT WITH VESPENE ENERGY, INC.
The Authority was approached by Vespene Energy, Inc. (Vespene) for a partnership that would allow for beneficial use of the landfill gas (LFG) from the Crazy Horse Landfill. Vespene utilizes a unique power generation system that can use the lower quality gas found at older landfills such as Crazy Horse to generate electricity to power a portable data centers that will be located at the landfill. Vespene will pay the Authority royalty payments for the use of the gas, which is estimated at $3.2 million over 10 years. To move the project forward, the Board of Directors approved entering into a lease and LFG purchase agreement with Vespene Energy.
FIN AN CIAL REPORT FOR MON TH EN DED AUGUST 2023 (16.7% OF THE FISCAL YEAR) Revenue collected $ 4,663,008 (19.0% of Estimated Revenue of $24,571,300) Expenditures for operations $ 5,860,271 (26.9% of Operating Budget of $21,760,000) Cash balance $ 33,294,129
7(A)
Not official minutes of the meeting.
“Manejar los residuos sólidos del Valle de Salinas como un recurso, promocionando prácticas sostenibles y ecológicamente racionales y practicas costos eficaces a través de un sistema integrado de reducción, reutilización, reciclaje, tecnología innovadora, servicio al cliente y educación.”
R E D U C I R R E U T I L I Z A R R E C I C L A R
JUNTA DIRECTIVA
N O T A S DE S T A C A D A S
19 de octubre 2023
(Agencia gubernamental de gestión de residuos sólidos)
ARTÍCULOS DE LA AGENDA DE CONSENTIMIENTO APROBADOS
▪ Un acuerdo con Recon Refractory and Construction, Inc para reemplazar la manta cerámica de la antorcha de gas del Rellono Sanitario Crazy Horse en la antorcha de tamaño mediano que se instaló originalmente en 1998. ▪ Una póliza relacionada con la membresía en empresas y organizaciones profesionales, que fue solicitada por el Consejo Directivo en su reunión de agosto.
▪ El calendario de reuniones regulares del Consejo Directivo y del Comité Ejecutivo para el año calendario 2024. Para ver o descargar el calendario visite nuestra página web en https://svswa.org/government/agendas-meeting-schedules/. ▪ La publicación y distribución de una Solicitud de Propuestas para Servicios de Diseño e Ingeniería para dos posibles proyectos de diseño de instalaciones y un proyecto de pavimentación que la Agencia está examinando actualmente.
CONSEJO JUVENIL DE SALINAS VALLEY SOLID WASTE AUTHORITY El personal de la agencia presentó al recién creado Consejo Juvenil y a sus miembros; Kelly Billman, Jenny de la Rosa, Gabriela Jaramillo, Jaena Serrano, Mahi Shah, Rubén Zamora y Angelén Zavala. El consejo está formado por estudiantes de secundaria y universitarios del Valle de Salinas. El objetivo del Consejo Juvenil es funcionar como una voz para los adolescentes, facilitar proyectos de aprendizaje-servicio para jóvenes, facilitar el aprendizaje ambiental en el campus, aprender y crecer como líderes ambientales y políticos en sus comunidades. El Consejo Juvenil 2023-24 optó por trabajar en un proyecto grupal en lugar de proyectos individuales. El proyecto será una Feria de Sostenibilidad que se llevará a cabo el 6 de abril de 2024. El evento reunirá a miembros de la comunidad para aprender formas en las que pueden ayudar a tomar pasos simples para poner en práctica las cinco R (en inglés) de Rechazar, Reducir, Reutilizar, Reciclar y Compostar en la práctica en su vida cotidiana. Algunas de las actividades incluirán BINGO para Libros, un taller de costura, un taller de componer, un área de actividades para niños y más. Pronto habrá más información disponible sobre el evento.
INFORME ANUAL DE COMERCIALIZACIÓN
El personal de la Agencia se esfuerza por llegar a los clientes para brindarles la mayor cantidad de información valiosa posible. Al Consejo se le presentaron estadísticas que demuestran la divulgación realizada a través de las redes sociales, medios pagos, boletines informativos, videos, podcasts y programas de asambleas escolares pagados. El informe describió los eventos, limpieza de basura, presentaciones, visitas puerta a puerta y capacitación que el personal del departamento de Recuperación de Recursos completó en sus esfuerzos por ayudar a las empresas y las comunidades dentro del Valle de Salinas.
INFORME ANUAL DE SALINAS VALLEY SOLID WASTE AUTHORITY 2022-23 El informe destacó con orgullo los logros, eventos y actividades del pasado año fiscal. Incluía estadísticas sobre finanzas, marketing, medios de comunicación, extensión y educación en escuelas y empresas, y mucho más. Algunos de los logros destacados incluyen el progreso realizado en el Centro Educativo del Vertedero Johnson Canyon y la amplia extensión comunitaria realizada para inspirar al público a tomar la iniciativa para ser más ingenioso y reducir los desechos y participar en la creación de un mejor medio ambiente. Para ver el informe completo, visite nuestra página web en https://svswa.org/about-us/annual-reports/.
CONTRATO DE VENTA DE GAS DE VERTEDERO Y CONTRATO DE ARRENDAMIENTO CON VESPENE ENERGY, INC.
Vespene Energy, Inc. (Vespene) se acercó a la Agencia para solicitar una asociación que permitiría el uso beneficioso del gas de vertedero (LFG por sus siglas en inglés) del vertedero Crazy Horse. Vespene utiliza un sistema de generación de energía único que puede utilizar el gas de menor calidad que se encuentra en vertederos más antiguos, como Crazy Horse, para generar electricidad para alimentar centros de datos portátiles que se ubicarán en el vertedero. Vespene pagará a la Agencia pagos de regalías por el uso del gas, que se estiman en 3,2 millones de dólares en 10 años. Para hacer avanzar el proyecto, el Consejo aprobó aprobar un contrato de arrendamiento y compra de biogás con Vespene Energy.
INFORME FINANCIERO DEL MES FIN ALIZADO EN AGOSTO 2023 (16.7% DEL AÑ O FISCAL) Ingresos recaudados $ 4,663,008 (19.0% del Ingreso Estimado de $24,571,300) Gastos de operaciones $ 5,860,271 (26.9% del Presupuesto Operativo de $21,760,000) Saldo de caja $ 33,294,129
City Council Meeting
October 24, 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 (remote); City Attorney Roy Santos (remote); City Clerk, Erica Sonne.
3.__FLAG SALUTE:
The flag salute was led by Mayor LeBarre.
4. CLOSED SESSION ANNOUNCEMENTS:
None
5.__SPECIAL PRESENTATIONS:
Monterey Salinas Transit, Michelle Overmeyer, Director of Planning and Innovation presented important updates on MST with a PowerPoint presentation.
6. PUBLIC COMMUNICATIONS:
Liz Hall, Contract Compliance Representative III - Public Sector Manager for Waste Management reported on the last drop off event for 2023 stating it was very successful.
7. COUNCIL COMMUNICATIONS:
Council Member Cullens thanked Waste Management for the clean-up event. He asked if they could coincide with Halloween and 4th of July. He stated that the Clean-up event went well 30 bags of trash were picked up by King City in Bloom. Salinas Valley Recycles formed a Youth Council and the young people came to the meeting and introduced themselves. He would like to see a Youth Council for King City. Salinas Valley Recycles Youth Council will be participating in a Sustainability Fair. They had an overview of annual marketing and media campaigns. Businesses can do a free on-site waste audit. Landfill gas to energy project concept with an on-site data center using that energy to run the data center and you lease space at the data center to generate revenue. Cal Coast Small Business Development Center will be looking for a new host and the Monterey County Business Council is interested so hopefully they put in an application.
He will not be present at the next City Council meeting. He has tickets for the surf and turf fundraiser for rotary.
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. 9(A)
Mayor LeBarre stated on Monday TAMC held a funding event for 1 million dollars for climate resiliency for a study at the Elk Horn slue on sea water intrusion and rise. We are one of the first counties to do this in the state and so it lines us up well when money starts coming in. He further stated that The Coalition of Homeless Services Providers Beyond Government Award is presented to Steve Adams “Never doubt that a small group of thoughtful committed citizens can change the world; indeed, it’s the only thing that ever has.” – Margaret Mead This is from the CHISPA and Lead Me Home continue of care of Monterey and San Benito Counties. Mayor LeBarre stated that this is well deserved. Everyone there greatly admires Steve. He is one of the best City Managers they have ever worked with. Responsive, active, emotionally involved.
8. CITY STAFF REPORTS AND COMMENTS:
City Manager Adams reminded of special meeting on Friday at 1:30pm. He stated that staff is working with Chalone Peaks school on Youth through Government Program with one of the teachers. Homeless update is that Shangri-la is to take funding of the housing for the homeless at Monarch Inn. Tomorrow is the final 2023 Walk, Bike, Run until spring. Raffle grand prize and free food.
City Attorney Roy Santos stated he had nothing to report tonight.
9. CONSENT
A. Consideration: Meeting Minutes of October 10, 2023, Council Meeting B. Consideration: City of King Check Register October 1, through October 15, 2023 C. Consideration: City of King KCCP Payments for the Month of September 2023 D. Consideration: A Resolution of the City Council of the City of King Establishing Settlement and Waiver Authority for City Manager.
E. Consideration: Award of a Consultant Services Agreement for Airport Planning and Environmental Consulting Services
F. Consideration: Award of a Consultant Services Agreement for Airport Architectural and Engineering Consulting Services
G. Consideration: Successor Agency Check Register October 1, through October 15, 2023 Action: Motion to approve consent agenda items A - G by Victoria seconded by Avalos.
AYES: Council Members: LeBarre, DeLeon, Victoria, Avalos, Cullen NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
10. PUBLIC HEARINGS:
None
11. REGULAR BUSINESS
A. Consideration: Regional Board and Committee Assignments City Clerk Erica Sonne introduced this item.
Council member Avalos is interested. City Council appointed Oscar Avalos as alternate for the Salinas Valley Solid Waste Authority.
12. CITY COUNCIL CLOSED SESSION
None
ADJOURNMENT:
Mayor LeBarre adjourned the meeting at 6:47p.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: NOVEMBER 14, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER
OCTOBER 16 THROUGH OCTOBER 31, 2023
RECOMMENDATION:
It is recommended City Council receive and file.
BACKGROUND:
At least once a month, the City Treasurer shall submit to the City Council, a copy of the invoices paid for the previous month.
DISCUSSION:
The purpose of this item is to provide the Council an opportunity to review and monitor ongoing expenditures. These documents are attached.
COST ANALYSIS:
There is no fiscal impact as a result of this action.
ENVIRONMENTAL REVIEW:
No Environmental Review required for this item.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
1. Receive and file the report; or
2. Provide other direction to staff regarding requests for additional information.
Special City Council Meeting
October 27, 2023
1.__CALL TO ORDER:
Special Meeting called to order at 1:30pm by Mayor LeBarre.
2.__ROLL CALL:
City Council: Mayor Mike LeBarre, Council member, Rob Cullen, Carlos DeLeon Council member Oscar Avalos, Mayor Pro Tem Carlos Victoria absent City Staff: City Manager Steve Adams; City Attorney Roy Santos (Teleconference); City Clerk, Erica Sonne.
3.__FLAG SALUTE:
The flag salute was led by Mayor LeBarre.
4. PUBLIC COMMUNICATIONS:
None
5. REGULAR BUSINESS:
A. Consideration: A Regional Early Action Planning (“Reap”) 2.0 Grant Recommendation: adopt the attached Resolution approving participation of the City in the Regional Early Action Planning (“REAP”) Grant 2.0 Program and authorizing the City Manager to execute a Memorandum of Understanding (“MOU”) with the Association of Monterey Bay Area Governments (“AMBAG”) and any other required documents for receipt of the REAP 2.0 Grant.
City Manager Steve Adams introduced this item.
Action: Motion to adopt the attached Resolution approving participation of the City in the Regional Early Action Planning (“REAP”) Grant 2.0 Program and authorizing the City Manager to execute a Memorandum of Understanding (“MOU”) with the Association of Monterey Bay Area Governments (“AMBAG”) and any other required documents for receipt of the REAP 2.0 Grant by Cullen and seconded by DeLeon.
AYES: Council Members: LeBarre, Cullen, DeLeon,
NOES: Council Members:
ABSENT: Council Members: Victoria, Avalos,
ABSTAIN: Council Members:
ADJOURNMENT:
Mayor LeBarre adjourned the meeting at 1:35p.m.
Approved Signatures:
Mayor Mike LeBarre City Clerk, Erica Sonne
City of King City of King
9(C)
Item No. 9 (D)
STAFF REPORT
DATE: NOVEMBER 14, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, PUBLIC WORKS DIRECTOR / CITY
ENGINEER
RE: CONSIDERATION OF ACCEPTANCE OF THE RAVA EMPLOYEE
HOUSING SUBDIVISION STREET IMPROVEMENTS
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No.2023-4971, accepting Subdivision Street Improvements for the Rava Employee Housing Subdivision.
BACKGROUND:
On March 9, 2021, the City Council approved the Final Parcel Map for the Rava Employee Housing Project and accepted on behalf of the public, subject to their improvements in accordance with City standards, street improvements, easements and vacations offered for dedication. The public improvements have been installed in accordance with the approved improvement plans for the Rava Employee Housing Final Parcel Map.
DISCUSSION:
The City has verified that all public improvements within the Final Parcel Map have now been completed for the following streets:
1. Bitterwater Road
2. Chestnut Avenue
3. Lynn Street
Council’s acceptance of the identified subdivision improvements, which consists of the street and public infrastructure within the street right-of-way being accepted, will release Jerry J. Rava II from all further maintenance responsibilities aside from the general upkeep due to construction activities under the terms of the Conditions of Approval and approved improvement plans. This exludes liability for repair or
RESOLUTION NO. 2023-4971
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING CITY
ACCEPTING PUBLIC STREET IMPROVEMENTS FOR THE RAVA EMPLOYEE
HOUSING PROJECT ON BITTERWATER ROAD AND CHESTNUT AVENUE WHEREAS, on March 3, 2021, the Planning Commission approved the Tentative Parcel Map to subdivide the Rava Employee Housing Project; WHEREAS, on March 9, 2021, the City Council approved the Final Parcel Map to subdivide Block 63 as shown on Attachment 1 recorded in the County of Monterey Public Records in Volume 24 Cities and Towns Page 5.
WHEREAS, the approval of the Final Map included acceptance of public street dedications, easements and vacations as shown on Attachment 1 (Parcel Map).
WHEREAS, the Public Works Department has verified that all public improvements have now been completed for the following streets:
1. Bitterwater Road
2. Chestnut Avenue
3. Lynn Street
WHEREAS, all required inspections of work have been completed, inspected and approved by the City Public Works Department; and
WHEREAS, the City’s acceptance of the identified subdivision improvements will release Jerry J. Rava II from all further maintenance responsibilities and liability under the terms of the Conditions of Approval and approved improvement plans excluding necessary maintenance due to construction and liability for repairs or reconstruction of defective work for the term of (1) year.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of King City accepts the completion of said work for public maintenance.
PASSED AND ADOPTED by the City Council of the City of King at a regular meeting duly held on the 14th day of November 2023, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
EXHIBIT 1
ABSTAIN, Councilmembers:
ATTEST: Mike LeBarre, Mayor
Erica Sonne, City Clerk
APPROVED AS TO FORM:
_________________________________
Roy Santos, City Attorney
Item No. 9 (E)
REPORT TO THE CITY COUNCIL
DATE: NOVEMBER 14, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF APPOINTMENTS TO THE POLICE
DEPARTMENT ADVISORY BOARD
RECOMMENDATION:
It is recommended the City Council adopt a Resolution appointing Kara King, Shannon Mallory Cromer, and Charlemagne Tertulien to the Police Department Advisory Committee.
BACKGROUND:
The City Council established the Police Department Advisory Committee in 2017.
The purpose includes the following: 1) to provide input to the Police Chief on Police Department efforts to improve public safety and community outreach; and 2) to bring forward concerns, issues and suggestions from the community on police services for consideration. The Committee is composed of one board member appointed from each district recommended by the respective district councilmember and four at-large members recommended by the City Manager and Police Chief.
The Advisory Committee ceased to meet during the pandemic and has not yet resumed regular meetings. The Police Department would now like to fill vacancies and begin meeting again.
DISCUSSION:
There are currently three vacancies, which includes two at-large members and one member from District 1. The City Manager and Police Chief recommend Kara King and Shannon Mallory Cromer be appointed to the at-large positions.
Ms. King submitted an application for the Parks and Recreation Commission and Ms. King submitted a general application for all boards and committees. After discussing these vacancies with them, both expressed an interest in serving on
RESOLUTION NO. 2023-4968
A RESOLUTION OF CITY COUNCIL OF CITY OF KING, CALIFORNIA
APPOINTING KARA KING, SHANNON MALLORY CROMER AND CHARLEMAGNE
TERTULIEN TO THE POLICE DEPARTMENT ADVISORY COMMITTEE
WHEREAS, the City Council established the Police Department Advisory Committee in 2017 to provide community input to the Police Department on issues and efforts to improve public safety; and
WHEREAS, there are currently three vacancies on the Police Department Advisory Committee; and
WHEREAS, applications have been received from qualified individuals; and WHEREAS, two individuals have been recommended by the City Manager and Police Chief and one position from District 1 recommended by Council Member Avalos consistent with the structure and procedures of the Police Advisory Committee set forth when it was established.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of King, California that Kara King, Shannon Mallory Cromer, and Charlemagne Tertulien are hereby appointed to the Police Department Advisory Committee.
PASSED AND ADOPTED at a regular meeting of the City Council on the 14th day of November, 2023, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
_________________________________
Mike LeBarre, Mayor
ATTEST:
_________________________________
Erica Sonne, City Clerk
APPROVED AS TO FORM:
__________________________________
Roy Santos, City Attorney
Item No. 9(F)
STAFF REPORT
DATE: NOVEMBER 14, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, PUBLIC WORKS DIRECTOR / CITY
ENGINEER
RE: CONSIDERATION OF EASEMENT MODIFICATION AGREEMENT
AT APN 026-517-022, LOCATED AT 100 KING STREET
RECOMMENDATION:
It is recommended the City Council: 1) adopt Resolution No. 2023-4972, accepting the proposed Easement Modification Agreement; and 2) authorize the City Manager to execute the Easement Modification Agreement.
BACKGROUND:
Pacific Gas and Electric Company (PG&E) is upgrading its communication systems in a continuing effort to provide safe and reliable service to its customers.
To facilitate this project, PG&E is proposing to secure an Easement Modification Agreement to allow for the installation of underground utility lines necessary for the communication line being installed. It is currently located at the Pocket Park at the corner of King Street and Beech Street identified as Monterey County Assessor’s Parcel Number 026-517-022 and a physical address of 100 King Street. The proposed easement is a modification to an existing 10 foot overhead electrical easement totaling roughly 1,340 square feet.
DISCUSSION:
There are currently two easements on the Pocket Park parcel. One is for the above mentioned overhead electrical poles and lines and one is for an underground gas line. The purpose of the underground use is to construct PG&E’s All-Dielectric Self-Supporting (ADSS) Fiber Conduit Installation Project.
EXHIBIT 1
EXHIBIT 2
Item No. 9 (G)
REPORT TO THE CITY COUNCIL
DATE: NOVEMBER 14, 2023
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF CONTRACT SERVICES AGREEMENT
FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
GRANT WRITING, ADMINISTRATION AND LABOR
COMPLIANCE
RECOMMENDATION:
It is recommended the City Council: 1) approve and authorize the City Manager to execute a Consultant Services Agreement with Adams Ashby Group for Community Development Block Grant (CDBG) Grant Writing, Administration and Labor Compliance; and 2) authorize the City Manager to make non-substantive changes as necessary approved as to form by the City Attorney.
BACKGROUND:
A contract services agreement with Adams Ashby Group was approved by the City Council in 2017 and renewed for a 5-year period in 2018 to prepare and administer CDBG grants for the City. The City has submitted a number of CDBG applications and has been successful in receiving approval for several of them.
These include $500,000 for the ProYouth HEART after-school expanded learning program, $3.5 million for sidewalk improvements, $250,000 for design of the wastewater treatment plant, and the CARES Act CDBG funding programs.
Those included business assistance grants, the COVID-19 Community Assistance Coordinator, and housing and utility assistance programs. Adams Ashby Group has also assisted the City in providing long-range monitoring for the City’s King Station HOME grant and assistance with other grants administered by the California Department of Housing and Community Development (HCD).
The City’s contract with Adams Ashby Group expired in October 2023. As a result, staff issued a Request for Proposal (RFP) consistent with CDBG and other HCD requirements. It was distributed to a long list of consultants and posted on the Public Purchase website.
CITY COUNCIL
CONSIDERATION OF CONTRACT SERVICES AGREEMENT FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) GRANT WRITING,
ADMINISTRATION AND LABOR COMPLIANCE
NOVEMBER 14, 2023
PAGE 2 OF 3
DISCUSSION:
Two proposals were received from the following firms:
• Adams Ashby Group
• Michael Baker International
The proposals were evaluated by a Review Committee consisting of the City Manager, City Engineer and Planner. They were reviewed based on the following criteria:
• Capacity to perform the required scope of work
• Assigned staff’s experience
• Proposal pricing
• Availability
Based on that evaluation, the Review Committee recommends the City Council approve a contract services agreement with Adams Ashby Group. A copy of the contract, RFP and proposal are attached. It is proposed the contract be established for a 5-year term, which is the longest allowed by CDBG regulations.
COST ANALYSIS:
The cost for preparing applications is $3,000 to $7,500 depending on the type of grant. Other grant administration costs are outlined in the contract and proposal, but those costs are all funded from the grants. Therefore, the application costs are the only ones that impact the City’s General Fund budget.
ENVIRONMENTAL REVIEW:
The contract for grant assistance is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as it does not have the potential for resulting in either a direct physical change to the environment or a reasonably foreseeable indirect physical change in the environment. Environmental review has already been completed for the sidewalk plan when it was approved. No further action is required under CEQA for City Council action.
ALTERNATIVES:
The following alternatives are presented for Council consideration:
1. Approve staff’s recommendations;
2. Modify and approve the Agreement;
EXHIBIT 1
EXHIBIT 2
EXHIBIT 3
Item No. 9 (H)
REPORT TO THE CITY COUNCIL
DATE: NOVEMBER 14, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF CERTIFICATION OF LOCAL FUNDING
FOR PURCHASE OF A FIRE RESCUE UTILITY TRUCK
RECOMMENDATION:
It is recommended the City Council: 1) adopt a Resolution certifying the commitment of local funding for the purchase of a Fire Rescue Utility Truck to meet the requirements of a USDA Community Facilities Grant; and 2) increase the amount budgeted and appropriated from the Fire Facilities Development Impact Fee Fund to $175,000.
BACKGROUND:
When the FY 2021-22/FY 2022-23 Biennial Budget was approved, the City Council authorized funding for a new Fire Rescue Utility Truck in the Capital Improvement Program. The Fire Department submitted a request during the budget process to replace the current vehicle, which has reached its useful life.
It is 20 years old and has over 125,000 miles.
The vehicle is a critical emergency access apparatus. It is used primarily to respond to vehicle accidents and smaller fires. Its smaller size and mobility make it both more efficient and effective to position at an accident to utilize lifesaving equipment when compared to a large fire engine.
At the August 10, 2021 meeting, the City Council authorized the City Manager to execute a purchase agreement with Golden State Apparatus for purchase of the equipment. Unfortunately, production of the vehicle experienced substantial delays due to supply chain issues.
A portion of the costs are being funded by a USDA grant. One of their requirements is to provide evidence that the City’s local share of the funding is
CITY COUNCIL
CONSIDERATION OF CERTIFICATION OF LOCAL FUNDING FOR
PURCHASE OF A FIRE RESCUE UTILITY TRUCK
NOVEMBER 14, 2023
PAGE 2 OF 3
available. The City Council adopted a resolution certifying the availability of local funding at the May 9, 2023 meeting. However, the supply chain issues resulted in an additional minor cost increase. As a result, staff is recommending Council adopt an updated resolution.
DISCUSSION:
After over two years of delays, the City was notified that the vehicle is ready for delivery. Production required a substitute chassis to be identified and ordered, which increased the cost. The original approval of the purchase included a combination of funds from the USDA grant, Fire Facilities Development Impact Fee revenue, and General Fund revenue. However, staff has now confirmed the local portion of the cost can be funded entirely by the Fire Facilities Development Impact Fee Fund, which will eliminate any impact on the General Fund.
Staff determined that the most effective way to provide proof of the local funding would be through a City Council certification approved by adoption of a resolution. An updated resolution has been prepared and is presented for City Council consideration. It sets forth the balance of the funds available and commits the amount needed for the purchase. While the cost increase is a minor amount, staff recommends updating the resolution in order to ensure there are no issues with requesting and receiving the USDA grant payment.
COST ANALYSIS:
The projected balance in the Fire Facilities Development Impact Fee Fund in FY 2023-24 is approximately $180,000, which is sufficient to address the entire local share of the cost. The total cost of the fire rescue utility truck is $254,480.53.
This represents an increase over the last estimate of only about $3,000. Of this amount, $82,100 will be paid from the USDA grant and $172,380.53 will be paid from the Fire Facilities Development Impact Fee Fund. Staff recommend programming $175,000 in the FY 2023-24 budget for the purchase in case there are any unanticipated costs associated with placing the vehicle into service.
ENVIRONMENTAL REVIEW:
The purchase of an emergency vehicle is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as they do not have the potential for resulting in either a direct physical change to the environment or a reasonably foreseeable indirect physical change in the environment. No further action is required under CEQA for City Council action.
RESOLUTION NO. 2023-4970
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING CERTIFYING FUNDING
AVAILABLE FOR THE PURCHASE OF A FIRE RESCUE UTILITY TRUCK WHEREAS, the City Council of the City of King approved and authorized the City Manager to execute a purchase agreement for a new fire rescue utility truck on August 10, 2021; and
WHEREAS, the vehicle is a critical emergency access apparatus and enables the City’s Fire Department to reach emergency incidents with lifesaving equipment in locations that are difficult to position large fire engines; and
WHEREAS, the United States Department of Agriculture (USDA) has approved a Community Facilities Grant for a portion of the funding needed to make the acquisition of this vital equipment economically feasible; and
WHEREAS, USDA requires the City to provide evidence of the local funding share necessary to pay the remaining costs associated with the purchase; and WHEREAS, the price of the vehicle has increased due to a change in the chassis required because of supply chain issues; and
WHEREAS, the final cost of the vehicle purchase is $254,480.53, which will be paid with $82,100 from the USDA Community Facilities Grant and $172,380.53 from the King City Fire Facilities Development Impact Fee Fund; and
WHEREAS, the City Council has appropriated additional funding in order to address the difference in cost and delays.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of King certifies that a total amount of $175,000 has been budgeted and appropriated from the King City Fire Facilities Development Impact Fee Fund for the purchase of the new fire rescue utility truck; and
BE IT FURTHER RESOLVED that the City Council of the City of King certifies that the FY 2023-24 projected balance of the King City Fire Facilities Development Impact Fee Fund is $180,000, which is sufficient to address the funding needed at the time the purchase will occur; and
BE IT FURTHER RESOLVED that the City Council of the City of King certifies that if due to any unforeseen circumstance, the King City Fire Facilities Development Impact Fee Fund does not have a sufficient balance in FY 2023-24, the City has sufficient General Fund reserves, and the City Council will allocate additional funding from the General Fund to pay for any portion or all of the balance.
This resolution was passed and adopted this 14th day of November, 2023 by the following vote:
AYES, Council Members:
NAYS, Council Members:
ABSENT, Council Members:
ABSTAIN, Council Members:
CC Resolution No.
APPROVED:
Mike LeBarre, Mayor
ATTEST:
Erica Sonne, City Clerk
APPROVED AS TO FORM:
Roy Santos, City Attorney
Item No. 9 (I)
REPORT TO THE CITY COUNCIL
DATE: NOVEMBER 14, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF AMENDMENT TO MASTER FEE
SCHEDULE MODIFYING AIRPORT T-HANGAR RENTAL FEES
RECOMMENDATION:
It is recommended the City Council adopt a Resolution amending the Master Fee Schedule to increase the rental rates for T-hangars at the Mesa Del Rey Airport by 25% effective January 1, 2024 and an additional 25% effective January 1, 2025.
BACKGROUND:
The Mesa Del Rey Airport currently has 23 T-hangars that are rented for storage of aircrafts. The existing rental fees are $157 per month. The City Council adopted a Resolution in November 2021 approving annual rate increases of 10% for a 5-year period. Prior to that time, rates had not been increased since 2017.
Lease agreements for each T-hangar were also updated at that time. Each agreement includes the following provision:
The CITY reserves the right to revise rental amounts in subsequent periods by amending the Master Fee Schedule, subject to approval by the City Council of the City of King. CITY shall notify TENANT in writing of any changes to the monthly renal amount at least thirty (30) days prior to the effective date.
An additional rental fee increase is proposed at this time. Rent is invoiced semiannually due on January 1st and July 1st. Therefore, approval at this time will provide staff the time necessary to send a notification to each lessee for the increase to be effective on January 1, 2024.
CITY COUNCIL
CONSIDERATION OF AMENDMENT TO MASTER FEE SCHEDULE
MODIFYING AIRPORT T-HANGAR RENTAL FEES
NOVEMBER 14, 2023
PAGE 2 OF 3
DISCUSSION:
Despite the annual increases recently approved, the City’s General Fund continues to subsidize the Mesa Del Rey Airport operation. The City currently has a significant waiting list for T-hangars so demand exceeds supply. Despite annual inspections, the City also continues to experience problems with tenants leasing the hangars to use for storage of non-aviation related items given the low lease rates.
The City recently experienced a significant increase in property insurance costs which includes the T-hangar structures. In addition, staff recently prepared a citywide assessment of deferred maintenance items and determined the cost of needed maintenance on the existing T-hangars will cost over $200,000.
Therefore, additional revenue is necessary and an increase in fees is not projected to result in any vacancies.
Staff recently prepared an analysis that determined adding T-hangars would be cost prohibitive due to the cost of construction. Staff are proposing to gradually increase the current hangar rates and then develop a two-tiered rate for new hangars to make addition of more hangars economically viable. It will be helpful to increase rates on the existing hangars to reduce the severity of the rate differential when the two-tiered rate is established.
The increases will also help the City maintain compliance with Federal Aviation Administration (FAA) regulations since they require the City to charge market rates for rental of any airport property. Staff has determined that the City’s rates are currently lower than most other comparable airport hangar rentals.
The proposed T-hangar rate schedule for the next 2-year period is as follows:
Existing $157 per month
2024 $196 per month
2023 $245 per month
COST ANALYSIS:
The proposed fee adjustment will result in an increase in revenue of approximately $24,000 over a 2-year period.
ENVIRONMENTAL REVIEW:
The Master Fee Schedule adjustments are not a “project” for the purposes of the California Environmental Quality Act (CEQA) as they do not have the potential for resulting in either a direct physical change to the environment or a reasonably
RESOLUTION NO. 2023-4969
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING
APPROVING AN UPDATED MASTER FEE SCHEDULE AND INCREASES TO
MESA DEL REY AIRPORT T-HANGAR RENTAL FEES
WHEREAS, the City of King maintains a Master Fee Schedule of all user fees; and WHEREAS, the purpose of user fees is for users of services to pay the cost of providing that service; and
WHEREAS, the City reviews and updates the Master Fee Schedule on a periodic basis to ensure that fees accurately reflect changes in costs to provide services; and WHEREAS, the City has determined an increase in the rental fees for Mesa Del Rey Airport T-hangars is necessary to generate additional revenues required to fund ongoing maintenance, repairs and insurance of the T-hangars; and WHEREAS, the City is required by Federal Aviation Administration (FAA) regulations to charge market rates for lease of any Airport property and it has been determined that the City’s rates are lower than other comparable airports.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of King hereby approves the Master Fee Schedule attached and included herein as Exhibit A to incorporate changes to Mesa Del Rey Airport T-hangar rental fees effective January 1, 2024.
BE IT FURTHER RESOLVED that the City Council of the City of King hereby approves an additional annual increase of 25% to the Mesa Del Rey Airport T-hangar rental fees effective January 1, 2025.
This resolution was passed and adopted this 14th day of November, 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
CC Resolution No.
APPROVED AS TO FORM:
__________________________________
Roy Santos, City Attorney
Item No. 9 (J)
REPORT TO THE CITY COUNCIL
DATE: NOVEMBER 14, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF HOMELESS TEMPORARY START-UP
RENTAL ASSISTANCE PROGRAM
RECOMMENDATION:
It is recommended the City Council adopt a Resolution approving rental assistance for up to three months for permanent housing for homeless families currently participating in the City’s Interim Temporary Homeless Shelter Program.
BACKGROUND:
The City has experienced an ongoing significant level of homelessness, which has become a major issue facing many jurisdictions. A substantial number of homeless individuals were previously residing in encampments in the Salinas Riverbed area.
As a result, the City undertook a number of proactive efforts to address this problem. The most significant action has been development and approval of the homekey permanent supportive housing project at the former Days Inn site.
However, due to delays in the project, the City Council approved an Interim Homeless Strategy at the June 13, 2023 meeting. It included leasing 18 rooms at the Monarch Inn and relocating homeless individuals from the riverbed encampments on a temporary basis until the homekey project is ready for them to be transferred there.
Participants of the Monarch Inn Interim Temporary Homeless Shelter Program include two families. There are also two families housed in trailers temporarily provided through a partnership between the City and a local church. They will not be eligible for the future permanent supportive housing project due to the size of their family since it would exceed occupancy limits set by Federal standards.
Therefore, the ultimate goal for them is instead to transition to some type of
CITY COUNCIL
CONSIDERATION OF HOMELESS TEMPORARY START-UP RENTAL
ASSISTANCE PROGRAM
NOVEMBER 14, 2023
PAGE 2 OF 3
permanent housing arrangement. To accomplish this, some type of initial rental assistance would be needed.
DISCUSSION:
The Interim Temporary Homeless Shelter Program funded by the City and other partner agencies concluded on October 31st. Shangri-La Industries, the homekey project developer, has agreed to assume the cost of continuing the program until the permanent supportive housing project is completed.
Meanwhile, the City has been working in partnership with other agencies to locate opportunities for permanent housing for the families residing at the Monarch Inn. Some of the agencies have agreed to offer temporary start-up rental assistance if the City will also commit a portion of the funding in order to help the families pay their deposit and rent for the first 6 to 12 months.
This could be a critical step in accomplishing the ultimate goal of helping the families to relocate to a long-term independent housing situation. It would require the City to potentially provide up to three months rental assistance. Staff are also working on identifying other supplemental housing assistance programs that could assist. The families have always been the City’s top priority of its homeless efforts due to the number of children involved.
The City is not able to simply single out families and individuals for financial assistance. Therefore, City Council approval of a formal program with criteria for selecting recipients is needed. In this case, the criteria would be focused on limiting the assistance to families already participating in the City’s Interim Temporary Homeless Shelter Program. This will restrict it to a limited number of recipients in a fair and equitable manner.
COST ANALYSIS:
It is projected that the City will have a balance of $15,000 to $20,000 from the amount appropriated for the Interim Temporary Homeless Shelter Program. The total cost of rental assistance is not anticipated to exceed this amount.
Therefore, no additional appropriation is requested.
ENVIRONMENTAL REVIEW:
Temporary financial assistance is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as they do not have the potential for resulting in either a direct physical change to the environment or a reasonably
RESOLUTION NO. 2023-4973
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING APPROVING A HOMELESS
TEMPORARY START-UP RENTAL ASSISTANCE PROGRAM
WHEREAS, homelessness is a significant and challenging issue in King City and throughout California; and
WHEREAS, homelessness deprives individuals, and particularly children, from reaching their potential and negatively impacts quality of life for the overall community; and WHEREAS, ending homelessness is a major Federal, State and City objective; and WHEREAS, the City has partnered with other agencies to establish an Interim Homeless Temporary Shelter Program and is working with a developer and other partnering agencies to develop a homekey permanent supportive housing project to address homelessness; and WHEREAS, homeless families are currently participating in the Interim Temporary Homeless Shelter Program and they include a large number of children; and WHEREAS, these families were victims of a fire and the City has assisted them in providing short-term temporary housing with the ultimate goal of providing a pathway for the families to find and maintain long-term independent housing arrangements; and WHEREAS, housing is a difficult challenge for all low-income families due to the shortage and high cost in King City and throughout California.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of King approves establishing a program of providing up to three (3) months of rental assistance to families with two (2) or more children who are currently participating in the City’s Interim Temporary Homeless Shelter Program and are able to independently secure a long-term rental lease.
This resolution was passed and adopted this 14th day of November, 2023 by the following vote:
AYES, Council Members:
NAYS, Council Members:
ABSENT, Council Members:
ABSTAIN, Council Members:
APPROVED:
Mike LeBarre, Mayor
CC Resolution No. 4973
ATTEST:
Erica Sonne, City Clerk
APPROVED AS TO FORM:
Roy Santos, City Attorney
Item No. 10 (A)
REPORT TO THE CITY COUNCIL
DATE: NOVEMBER 14, 2023
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DOREEN LIBERTO, AICP, COMMUNITY DEVELOPMENT
DIRECTOR
RE: CONSIDERATION OF ORDINANCE ESTABLISHING
REGULATIONS ON SHORT-TERM RENTALS OF RESIDENTIAL
PROPERTIES
RECOMMENDATION:
It is recommended that the City Council introduce an Ordinance amending Chapter
5.24 and adding Chapter 7.67 to the King City Municipal Code pertaining to shortterm rental of residential properties to be read by title only, open the public hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve introduction of the Ordinance.
BACKGROUND:
Short-term vacation rentals made popular by websites like Airbnb, VRBO, and Tripping allow hosts to rent their residences to visitors for a period of less than 30 days. Cities are increasingly adopting short-term rental ordinances to protect the character of residential neighborhoods and preserve rental and affordable housing. The proposed ordinance requires the issuance of an administrative use permit, payment of the transient occupancy tax, business license and other information to determine whether the short-term use is consistent with the residential neighborhood for rentals of less than 30 days.
DISCUSSION:
A short-term rental means transient occupancy of and/or rental of an existing single-family residence for short-term lodging for less than thirty (30) consecutive days. The proposed ordinance allows short-term rentals in certain residential and commercial zones which allow residential uses. Section 5.24.160 (Hotels-MotelsApartment houses-Rooming houses-Short-term Rentals) is amended and Chapter
7.67 (Short-Term Rentals) is added to the Municipal Code as part of the proposed ordinance.
CITY COUNCIL
NOVEMBER 14, 2023
CONSIDERATION OF ORDINANCE ESTABLISHING REGULATIONS ON SHORTTERM RENTALS OF RESIDENTIAL PROPERTIES ORDINANCE PAGE 2 OF 4
Some of the requirements to receive an approved short-term rental include:
• Receiving an administrative use permit.
• Providing a valid transient occupancy tax certificate/letter. • Obtaining a business license.
• Inspecting rental as part of the administrative use permit initial application and renewal of the administrative use permit.
• Adhering to standards of operation.
Table 1 provides a summary of the proposed ordinance.
Table 1
Some Short-Term Rental Requirements
General Requirements
Permitted Zone
Single Family Residential District (R-1), Medium Density Residential District (R-2), Medium Density ResidentialNeighborhood (R-2/N), Medium High Density Residential District (R-3), Medium High Density Residential-Neighborhood (R-3/N), Multiple Family Residential and Professional Offices District (R-4), Multiple Family Residential-Neighborhood (R4/N), Agricultural District (A), and Neighborhood Commercial District (C-N).
Rental Period Less than 30 days
Prohibited Shortterm Uses and
Structures
Caretaker houses or quarters, guest houses, ADUs, junior ADUs, tiny houses, travel trailers, campers, motorhomes, fifth wheels, boats, tents, sheds, portion of the house (i.e., bedroom), or like structures or units.
Exemptions to the
Ordinance
1. Hotel/motels, lodges, resorts, bed and breakfast operations, timeshares, or boarding or rooming houses of more than thirty (30) days.
2. Mobile home parks, organized camps, and/or special
occupancy parks.
3. Occupancy of public or permitted private campgrounds.
4. Rental of a residential unit for period of at least thirty (30) days within any City zoning district where residential use is permitted.
Maximum
Occupancy
Based on the analysis of the number of compliant bedrooms within the proposed short-term rental, and in no case shall exceed 10 persons.
Noise/Outdoor
Activities
Between 10:00 p.m. to 8:00 a.m., daily, any noise originating from outside locations or from inside the short-term rental unit that can be easily detected from adjoining properties is prohibited.
CITY COUNCIL
NOVEMBER 14, 2023
CONSIDERATION OF ORDINANCE ESTABLISHING REGULATIONS ON SHORTTERM RENTALS OF RESIDENTIAL PROPERTIES ORDINANCE PAGE 3 OF 4
Some Requirements of An Administrative Use Permit (AUP) Application Life of
Permit/Renewal
An AUP is valid for 3 years. A renewal is valid for an additional 3 years.
On-Site Parking
Space
A parking plan is required which requires parking on-site. The number of parking spaces is based on the maximum occupancy on the property.
Site Plan
The site plan shall show: property boundaries, generators, propane tanks, driveway, structures, waste receptacles, offstreet parking areas, fire devices, hose bibs, patio areas, decks, exterior lights, and any other like facilities.
Interior Floor Plan
The interior floor plan shall show all accessible spaces such as bedrooms, bathrooms, kitchen, laundry room, dining rooms, family rooms, and living rooms. The plan shall also show any appliances, entrances and exits, fire extinguishers,
smoke/carbon monoxide alarms, and other interior space uses.
COST ANALYSIS:
There are no costs associated with this action.
ENVIRONMENTAL REVIEW:
The proposed 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, this Ordinance is not a project, as defined in CEQA Guidelines section 15378, because it has no potential for resulting in a 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).
ALTERNATIVES:
The following recommendations are provided for City Council consideration:
1. Adopt the Ordinance;
2. Direct staff to modify the Ordinance;
3. Do not adopt the Ordinance;
4. Request additional information; or
5. Provide staff other direction.
Exhibits:
1. Proposed Ordinance
01222.0001/936539.2
ORDINANCE NO. 2023-821
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KING AMENDING CHAPTER 5.24 AND ADDING CHAPTER 7.67 TO THE KING CITY MUNICIPAL
CODE PERTAINING TO SHORT TERM RENTALS OF RESIDENTIAL PROPERTIES WHEREAS, the City of King (“City” or “King 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 short term rentals of residential properties 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 short term rentals of residential properties within the city limits; and
WHEREAS, this Ordinance is intended to regulate short term rentals of residential properties within the city limits to ensure the health, safety, and welfare of both businesses and city residents.
NOW THEREFORE, the City Council of the City of King does hereby ordain as follows:
SECTION 1. The above recitals are hereby incorporated by reference.
SECTION 2. Section 5.24.160 of Chapter 5.24 of Title 5 of the King City Municipal Code is hereby amended to read as follows:
5.24.160 Hotels—Motels—Apartment houses – Rooming houses – Short-Term Rentals.
Every person conducting or carrying on the business of operating any hotel or motel, or any rooming house, boarding house, apartment house, lodging house, house court, bungalow court, or short-term rental as defined in Chapter 7.67, or conducting or carrying on the business of renting or letting rooms, apartments or other accommodations for dwelling, sleeping, housekeeping or lodging, having five or more units or rooms, shall pay an annual license fee based on the number of rooms or units as set by resolution.
SECTION 3. Chapter 7.67 is hereby added to Title 7 of the King City Municipal Code, to read as follows:
Chapter 7.67 SHORT-TERM RENTALS
Section 7.67.010. Purpose and intent.
The purpose of this chapter is to provide the legal framework for the use of residential property as a short-term rental, being rented for a period of less than thirty (30) days.
Exhibit 1
01222.0001/936539.2
Section 7.67.030. Definitions.
A. “Accessory dwelling unit” means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons. An accessory dwelling unit includes: (1) an efficiency unit, as defined in Health and Safety Code section 17958.1; and (2) a manufactured home, as defined in Health and Safety Code section 18007. This definition shall be interpreted to be consistent with the definition for “accessory dwelling unit” in Government Code section 65852.2.
B. “Bedroom” means a room within an existing residence that contains a minimum of seventy (70) square feet and that meets all requirements of the California Residential Code per the California Building Standards Code, Title 24, Part 2.5 including all life safety provisions (smoke alarms, compliant method of egress, etc.).
C. “Local Contact Person” means a person available by telephone on a twenty-four (24) hour basis for short-term rental management. This person shall be able to be physically on site of the short-term rental within thirty (30) minutes, and have full access to the rental location as well as the authority to manage the rental, including the ability to address physical conditions or circumstances that constitute an immediate threat to public health and safety. A property owner, agent or professional property management company that meets the availability and response requirements may serve as the local contact person.
D. “Short-Term Rental” means transient occupancy of and/or rental of an existing single-family residence for short-term lodging for a period of time less than thirty (30) consecutive days as may be advertised or offered by a property owner, or by residential management service, or on a property management website.
E. “Transient Occupancy Tax” or “TOT” means a tax imposed for any short-term rental or lodging as defined by Chapter 3.12 of Title 3 of the King City Municipal Code.
Section 7.67.050 Short-Term Rental Permit
A. Short-Term Rental Permit Requirement
It is unlawful for any person to advertise, offer, maintain, operate, or use a property as a short-term rental in King City without possession of a lawfully issued short-term rental permit, as specified herein.
B. Permitted locations.
1. Short-term rentals are only authorized to be permitted within the following zones: Single Family Residential District (R-1), Medium Density Residential District (R-2), Medium Density Residential-Neighborhood (R-2/N), Medium High Density Residential District (R-3), Medium High Density ResidentialNeighborhood (R-3/N), Multiple Family Residential and Professional Offices District (R-4), Multiple Family Residential-Neighborhood (R-4/N), Agricultural District (A), and Neighborhood Commercial District (C-N).
2. Short-term rentals may only be permitted on a legally created parcel.
3. A short-term rental as a portion of a residential structure, such as a bedroom, is prohibited.
01222.0001/936539.2
4. Multiple short-term rentals within a single residential structure are prohibited.
5. More than one (1) short-term rental upon a legally created parcel is prohibited.
6. Uses and structures prohibited as a short-term rental include: caretaker houses or quarters, guest houses, ADUs, junior ADUs, tiny houses, travel trailers, campers, motorhomes, fifth wheels, boats, tents, sheds, or like structure or unit.
7. Qualifying properties must be owned by the record owner/applicant as of the effective date of this ordinance. The record owner of any property that has changed ownership after the effective date of this ordinance shall not be qualified to receive an short-term rental permit for a minimum period of two (2) years following the recording date of transfer of ownership of the property in question.
C. Exemptions.
Uses that are exempt from a short-term rental short-term rental permit include the following:
1. Hotel/motels, lodges, resorts, bed and breakfast operations, timeshares, or boarding or rooming houses of more than thirty (30) days.
2. Mobile home parks, organized camps, and/or special occupancy parks.
3. Occupancy of public or permitted private campgrounds.
4. Rental of a residential unit for period of at least thirty (30) days within any City zoning district where residential use is permitted.
D. Short-term rental Permit Process
An application for an short-term rental permit for a short-term rental shall be submitted to the Community Development Department, on a form developed by the Community Development Department. The application may be submitted by the property owner, or an agent duly authorized to represent the property owner. The application shall contain the following information:
1. Applicant information. The property owner or agent name and contact information, Assessor’s parcel number, physical and/or mailing address, and phone number for the short-term rental shall be listed on the application. Evidence confirming that the record owner of the property has owned the property as of the effective date of the ordinance codified in this section, or a minimum of two years has passed since the record owner obtained title to the property, shall be provided.
2. Local Contact Person/Management Representative. The name(s), address, phone numbers, email address, and any other contact information for the Local Contact Person, and any other property management representative, shall be provided with the permit application.
01222.0001/936539.2
3. Rental Unit Type. If more than one residence is located on the property, the application shall specify the residential unit which is the subject of the application for an short-term rental permit for a short-term rental. Multiple short-term rentals shall be prohibited on any single, legal parcel.
4. Maximum Occupancy. The maximum occupancy allowed in any short-term rental as defined herein shall be based on the analysis of the number of the compliant bedrooms within the proposed short-term rental, and in no case shall exceed 10 persons (California Code of Regulations Title 24, Part 2, Section 310.4). “Occupancy,” for purposes of determining “maximum occupancy,” is defined as two people per bedroom, and occupants shall include any children.
5. Transient Occupancy Tax (TOT). The applicant shall provide a valid TOT certificate/letter confirming that the short-term rental unit is currently registered for participation in the TOT collection process.
6. Business License: The applicant shall also provide evidence that a business license for the operation of the short-term rental, as required by Chapter 5.24 of Title 5 of the Municipal Code, has been obtained, and that the business license fee has been duly submitted.
7. On-Site Parking. The application for short-term rental permit shall contain a parking plan for the short-term rental property. The parking of vehicles and/or trailers shall be restricted to off-street locations on the property containing the short-term rental. The number of parking spaces required shall be calculated on the basis of the maximum occupancy on the property.
8. Site Plan. A site plan of the property shall be submitted as part of the application and contain the following information if applicable: property boundaries, generators, propane tanks, driveway, structures, waste receptacles, offstreet parking areas, fire devices, hose bibs, patio areas, decks, exterior lights, and any other like facilities.
9. Interior Floor Plans. An interior floor plan of the short-term rental unit showing all accessible spaces such as bedrooms, bathrooms, kitchen, laundry room, dining rooms, family rooms, and living rooms. The plan shall also show any appliances, entrances and exits, fire extinguishers, smoke/carbon monoxide alarms, and other interior space uses.
10. Waste/Trash Removal. The method of waste collection and disposal shall be identified on the application, and the location of waste cans shall be conveniently located for occupant use and not located within any front yard area.
11. Fire Extinguishers/Smoke Alarms. On-site fire extinguishers (charged and certified), smoke and carbon monoxide alarms, and exterior hoses shall be identified on the site plan and interior floor plan as required herein.
E. Issuance of Administrative Permit.
1. Issuance: The short-term rental permit shall be issued administratively by the Department if the proposed short-term rental conforms to this ordinance. 01222.0001/936539.2
2. Permit Term and Renewal: A short-term rental permit shall be limited to a three (3) year term, unless revoked, suspended or terminated by the City. Property owners may seek a renewal of an short-term rental permit for additional terms of three (3) years each, but a new application shall be submitted with the appropriate fee. Any renewed short-term rental permit may include new or amended conditions of approval.
3. Permit Authorization. The short-term rental permit authorizes the property owner to conduct only such uses as described in the permit and in accordance with the terms and conditions of the permit and this chapter. Any short-term rental permit issued under this policy is not transferable.
4. Amendments. Transfers of property ownership, a change of the local contact person, or any other change in the short-term rental, shall require notification in writing to the City Community Development Department. Should a property containing a short-term rental be transferred/sold during the term of an short-term rental permit, the permit shall be void upon effective date of transfer of ownership. Property that transfers ownership subsequent to the effective date of the ordinance codified in this section shall not qualify for an short-term rental permit for two years following the effective date of the property transfer.
5. Renewals. An short-term rental permit for the short-term rental may be renewed for additional terms of three years. The renewal application must be submitted prior to the expiration of the current short-term rental permit. The renewal application must contain any updated application information.
6. Fee. The City shall collect a reasonable fee, as set by resolution, for the recovery of costs associated with application review, permit issuance, and permit monitoring of the short-term rental permit.
G. Property Inspection. Short-term rentals shall be inspected by city staff as part of the initial application for, or the renewal of, the short-term rental permit by City Community Development Department to ensure compliance with this chapter. Refusal to allow an on-site inspection shall be deemed an abandonment of the application or grounds for revocation of the short-term rental permit.
H. Standards of Operation.
All short-term rentals authorized by an short-term rental permit are required to comply with the following standards:
1. Responsibility of Property Owner. It is the responsibility of the property owner, and the management company or local contact person responsible for the short-term rental, to assure compliance with this chapter.
2. Local Contact Person. The owner of the property containing the short-term rental shall appoint/hire a local contact person, or a property management company, who shall meet the requirements of a local contact person under this chapter. The name and all contact information of the local contact person shall be provided to the occupants, clearly posted within the residence.
01222.0001/936539.2
3. Emergency Communications. A working, landline telephone is required to be installed and operational within the short-term rental.
4. Noise/Outdoor Activities. Between 10:00 p.m. to 8:00 a.m., daily, any noise originating from outside locations or from inside the short-term rental unit that can be easily detected from adjoining properties is prohibited. This requirement shall be posted inside the short-term rental in a readily visible location.
5. Pets and/or Animals. Traditional domestic pets (dogs and cats), if allowed by the property owner, shall be under control at all times, and are not allowed to run free on the rental property unless the property is secured by an enclosure. No other animals shall be permitted within short-term rentals.
6. Exterior Lighting. Exterior lighting is required for all entrances and exits located in the short-term rental. Any other exterior lighting shall not have glare or illumination directed toward adjacent properties.
7. Parking. A parking plan showing all parking locations shall be provided for the property containing the short-term rental and sufficient parking spaces shall be provided for the “maximum occupancy” for the short-term rental.
8. Address Posted. The short-term rental shall have the address of the property posted in a position visible from the street fronting the property.
9. Rental Rules/Emergency Contacts/Visitor Information. The short-term rental shall have a binder available to the occupants that is readily accessible and complete with visitor information, maps of the area, emergency contact numbers, name and contact information for the “local contact person” or property manager, listing of available services, contact information for utilities, emergency service organizations, law enforcement information, and other pertinent information required for the guest(s) renting the home.
10. Fire Extinguishers, Smoke Alarms, and Carbon Monoxide Detectors. All short-term rentals shall have at least two five-pound fire extinguishers in the interior of the rental. Carbon monoxide and smoke detectors in good working order shall be located within any short-term rental as required by the California Building Code.
11. Water Supply. Short-term rentals not served by regulated public or private water systems shall have the water supply tested by the owner and cleared, according to standards of the County Environmental Health Department.
12. Exterior Water Source. Short-term rentals shall have operable exterior hoses of no less than 100 feet in length connected to at least two exterior hose bibs.
These hoses shall be equipped with nozzles that are designed for on-off operation.
13. Solid Waste Disposal. All solid waste and refuse generated during the rental of the property shall be properly disposed of in compliance with the City Municipal Code, and trash shall be properly disposed of after each rental is conducted. 01222.0001/936539.2
14. Sewage Disposal. Guests shall be provided information from the owner on how to properly dispose of waste. Guests should be informed if waste disposal is not connected to a utility sewer system, and if so how the septic system functions.
I. Prohibitions and Restrictions.
The following are prohibited uses on properties containing short-term rentals:
1. Incidental Camping. No incidental overnight camping shall be permitted on the exterior grounds of a property containing a short-term rental including but not limited to the occupancy of tents, recreational vehicles, campers, travel trailers, motorhomes, camp trailers, or any like use.
2. Special Events. Receptions, weddings, retreats, and any other similar events are prohibited on the property containing a short-term rental.
3. Subletting. Guests and occupants of a short-term rental shall not sublease the occupancy and use of a short-term rental, or otherwise bypass the requirement for an short-term rental permit.
J. Violations.
1. Any person who violates the provisions of this chapter may be deemed guilty of an infraction under Chapter 1.04 of the Municipal Code.
2. Correction of any noted violation of this chapter shall be corrected within a reasonable time as specified by the City Community Development Department.
3. In addition to any other remedy for the violations of this section, the Community Development Director or his/her designee may suspend or revoke a short-term rental short-term rental permit. Failure of the property owner to timely correct any noted deficiencies or noted violations shall be a basis for suspension or revocation of any issued short-term rental short-term rental permit.
K. No Property Rights Conferred.
Short-term rental short-term rental permits do not provide a vested interest or entitlement in the continued operation of a short-term rental upon a change of property ownership. Short-term rental permits are revocable permits and shall not run with the land. The continued operation of a short-term rental upon change of ownership will result in a violation of this chapter.
L. Appeals
The appeal of a denial of, or revocation of, an short-term rental permit for a short-term rental, shall be governed by the provisions of Sections 7.51.608 through 7.51.610 of Chapter 51 of Title 7 of the King City Municipal Code. Such appeals may only be made by an affected property owner or an authorized agent.
SECTION 4.
The provisions of this section are declared to be separate and severable. The invalidity of any clause, phrase, sentence, paragraph, subdivision, section, or portion of this section, or the 01222.0001/936539.2
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this section, or the validity of its application to other persons or circumstances.
SECTION 5.
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, 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 6:
This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation.
I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the _____ day of _________________ 2023, and adopted the Ordinance after the second reading at a regular meeting held on the ____ day of _______________ 2023, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
ERICA SONNE, City Clerk
CITY OF KING
By:
MIKE LEBARRE, Mayor
APPROVED AS TO FORM:
By:
01222.0001/936539.2
ROY C. SANTOS, City Attorney
Aleshire & Wynder, LLP
I, ______________________________, City Clerk of the City of King, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of King on the date and by the vote indicated herein.
Item No. 11 (A)
REPORT TO THE CITY COUNCIL
DATE: NOVEMBER 14, 2023
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF UNFUNDED PRIORITY NEEDS PLAN
RECOMMENDATION:
It is recommended the City Council: 1) approve the proposed Unfunded Priority Needs Plan; and 2) direct staff to proceed with the proposed community outreach program and develop funding recommendations.
BACKGROUND:
The City of King experienced a serious financial crisis over the past two decades and accumulated a $5 million negative balance in its General Fund by 2016.
Since then, the City has implemented a number of strategies to pay off its debt, which was accomplished in 2021. The City’s budget has remained balanced for several years and it has now accomplished the goal of establishing a financial reserve.
However, there are still major priorities that are unable to be addressed in the annual operating budget. Many of these items are the result of years of deferred maintenance and expenditures that occurred in the extended period of financial challenges. As a result, these items create effects similar to the former negative fund balance because they represent key costs that must be addressed in the future and impact the long-term financial stability of the City.
At the January 10, 2023 meeting, the City Council approved a proposed community engagement process for pursuing a supplemental revenue source to address unfunded needs. The first step in the process was to develop a specific plan for proposed future priority expenditures. Staff has titled it the Unfunded Priority Needs Plan which is being presented at this time for City Council consideration.
CITY COUNCIL
CONSIDERATION OF UNFUNDED PRIORITY NEEDS PLAN
NOVEMBER 14, 2023
PAGE 2 OF 4
DISCUSSION:
The objective of the Plan is to increase transparency by presenting in detail the costs and funding necessary to address what staff have identified as the most important unmet needs in the future. It is proposed to be a 12-year plan, which is based on the projected timeframe to achieve all the goals identified.
The following five key categories of needs have been identified as the top priorities:
• Street Improvements:
It is proposed to perform a grind and overlay of every street with a PCI below 50 and a slurry seal project on all streets with a PCI of above 50 within a 12-year period. The Plan sets forth a detailed schedule of improvements for each street in the City.
• Police Staffing:
In order to continue the progress that has been made in addressing gang and youth violence problems, it is proposed to fund one additional School Resource Officer position and one additional officer position. • Deferred Maintenance of City Facilities:
An assessment of City facilities was prepared by staff, and a 12-year schedule is outlined for addressing the major deficiencies identified. The most significant cost item is renovation and remodel of the Recreation Center.
• Public Works Staffing:
An additional maintenance worker position is needed to maintain new parks that will soon be constructed at Mills Ranch and to better address overall maintenance needs.
• Long-Term Financial Stability:
The City’s long-range financial planning effort recently identified a need for additional funding to address long-term projected gaps between ongoing revenues and expenditures, to continue building adequate reserves, and to address unanticipated expenses.
An important factor of the City’s Unfunded Priority Needs Plan is that it is heavily waited on capital improvements. Therefore, as the City addresses its infrastructure needs, the associated costs will gradually decrease and free up financial resources for other future financial challenges. As a result, it will help to maintain long-term financial stability well beyond the projected time frame of the Plan.
CITY COUNCIL
CONSIDERATION OF UNFUNDED PRIORITY NEEDS PLAN
NOVEMBER 14, 2023
PAGE 3 OF 4
An extensive community outreach process is planned over the next several months. A stakeholder group will be formed to assist in the efforts. A full copy of the Plan will be printed in both English and Spanish and distributed to each household, a summary will later be printed and distributed again to each household, and a youtube video will be created and shared. A public hearing will then be scheduled at the May 14, 2024 regular City Council meeting to consider revenue strategy options and any recommended changes to the Unfunded Priority Needs Plan resulting from public input. City Council direction will be requested at that time on how to proceed.
COST ANALYSIS:
A summary of the overall costs and associated revenue needs is presented on the last page of the Plan. It identifies that approximately $16.7 million in additional expenditures are needed over the 12-year period. It is proposed to identify a strategy to create an additional revenue source generating an initial annual amount of $1,250,000 escalated over time, which would result in over $17 million by the end of the 12-year period.
Funding was included in the FY 2023-24/FY 2024-25 Biennial Budget for the community outreach process. The total projected cost of those efforts is estimated to be approximately $25,000. It originally included a professional survey, but it is now recommended to forego the survey in order to maximize the community outreach and education process.
ENVIRONMENTAL REVIEW:
The Plan is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as it does not have the potential for resulting in either a direct physical change to the environment or a reasonably foreseeable indirect physical change in the environment. Environmental review will be conducted on each project at the time it is proposed. No further action is required under CEQA for City Council action.
ALTERNATIVES:
The following alternatives are presented for Council consideration:
1. Approve staff’s recommendations;
2. Request changes and approve the Plan;
3. Modify the process for approval and/or community outreach;
4. Do not approve the Plan; or
5. Provide other direction to staff.
EXHIBIT 1
Item No. 11(B)
REPORT TO THE CITY COUNCIL
DATE: NOVEMBER 14, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DOREEN LIBERTO, AICP, COMMUNITY DEVELOPMENT
DIRECTOR
BY: SCOTT BRUCE, PRINCIPAL PLANNER
RE: CONSIDERATION OF HOUSING ELEMENT AMENDMENT TO THE
GENERAL PLAN WORKSHOP
RECOMMENDATION:
Staff recommends the City Council: 1) receive presentation on an overview of the draft Housing Element Update recommendations; 2) receive public input; and 3) provide comments and direction.
BACKGROUND:
As previously discussed, the current State certified Housing Element (HE) is valid until the end of 2023 (Cycle 5). The current HE was approved as an interim document in December 2015, revised in March 2016 and adopted as amended in November of 2016. As a Charter City, an approved HE is valid for a period of eight years. Once approved, the period of this Amended HE will be through December 2031 (end of Cycle 6).
Staff have been working on the HE and the LUE since early 2020. In January 2020, work began with the preparation of a Community Survey which included questions regarding housing and land use issues. In March of 2020, the survey was mailed to 4,881 homes in King City. The response rate was slightly over 9%, a positive number for this type of survey. In August of 2020, the results of the survey were presented to the Planning Commission and to the City Council. In Winter and Spring of 2022 and 2023 Cal Poly Planning Laboratories prepared and executed additional surveys.
CITY COUNCIL
CONSIDERATION OF 6TH HOUSING ELEMENT TO THE GENERAL PLAN
WORKSHOP
NOVEMBER 14, 2023
PAGE 2 OF 6
Staff provided updates to the Planning Commission, City Council and public in April 2021, May 2022 and January 2023 (workshops). As staff nears the completion of the Public Review Draft, staff are providing the City Council with an overview of information gathered, tools and policies used to address the identified issues, an anticipated timeline to completion, and an additional opportunity for public input. At this meeting, staff will provide an update and request input regarding the Public Review Draft of the Housing Element. The Public Review Draft was placed on the City’s website on November 1
st
, beginning the 30-day comment period. A copy of
the document is also available at the front counter at City Hall.
DISCUSSION:
What is a Housing Element?
Since 1969, housing elements have been a mandatory chapter of local General Plans in California. An HE provides an analysis of a community’s housing needs for all income levels and strategies to provide for those housing needs. It includes goals, policies, programs and objectives to guide future housing growth to meet the needs of residents of all income levels in King City. It also Identifies projected housing needs by income category and requires certification by the State Department of Housing and Community Development (HCD) for compliance with State housing laws. An HCD certified HE enables the City to be eligible for various State grants and funding sources. The State requires that the HE be updated and certified regularly to reflect the most recent trends in demographics and employment that may affect existing and future housing demand and supply. The HE is the only General Plan Element required to be approved by the State. The HE is updated every eight years and the upcoming 2023-2031 HE is the 6th Cycle Update. The current State certified HE is the 5th Cycle Update from 2014-2023.
Public Survey
The survey covered a range of issues including housing, availability of retail stores, height of buildings in Opportunity Zones, mixed-use in the Broadway Corridor / Downtown and future technologies. The responses from this survey have been incorporated into the preparation of the Housing Element and are being incorporated into the LUE Amendment which is currently in process. In December 2022, the Cal Poly Student Planning Laboratory attended the Christmas Parade and other community activities to conduct another survey and participated in other planning activities. These formal and informal surveys and planning activities informed their study of the City during Fall and Winter quarters. That information became available in Spring of 2023 and has helped inform the preparation of the Housing Element.
CITY COUNCIL
CONSIDERATION OF 6TH HOUSING ELEMENT TO THE GENERAL PLAN
WORKSHOP
NOVEMBER 14, 2023
PAGE 3 OF 6
Cycle 6 RHNA Requirements
Every eight years, the Association of Bay Area Governments (AMBAG), under the direction of the state of California Department of Housing and Community Development (HCD), issues a Regional Housing Needs Allocation (RHNA) for Monterey County. In 2015, the total allocation required of King City was 180 units.
The 2023 allocation is 702 units. The current number of total housing units in King City is 3,505. This means the 6th Cycle HE will have to include goals and policies that illustrate how the City will encourage 702 units to be built over the eight-year period. In turn, The LUE should reflect affordable housing to the extent possible.
For Cycle 6, King City will be able to achieve the RHNA target through units available in previous specific plans and vacant land zoned for high density residential development. No additional zoning or land use changes are required.
In this Housing Element Update, Opportunity Zones are being introduced as a technique to achieve some of the community goals and provide for additional housing in Cycle 7 and beyond. As previously discussed, the Opportunity Zones are intended to encourage affordable residential development and commercial development appropriate to the area. For example, “Gateways” to the City should include attractive retail, tourist oriented and residential development; and the area around the emerging MMTC should feature residential and retail uses that support the Center and the historic Downtown District. The land uses from the MMTC area will blend into and complement the historic Downtown District. The interchange at First Street and US 101 is another Gateway to the City. This area is an opportunity for more intense commercial development and higher density residential development.
Housing Element and Land Use Element Coordination
Responses to the previous surveys indicate that residents’ priorities include variety and affordability of housing, additional shopping opportunities and an active and vital downtown. The HE identifies current demographic trends, ownership patterns, housing affordability and types of housing that are included in the RHNA requirement. The Land Use Element identifies locations where new efforts to address these comments can be initiated. Accompanying that effort will be revision to the Zoning Code (a part of transitioning to “Development Regulations”) which provides height, coverage, setback, parking and similar standards – focused on the new Opportunity Zones, as previously discussed.
CITY COUNCIL
CONSIDERATION OF 6TH HOUSING ELEMENT TO THE GENERAL PLAN
WORKSHOP
NOVEMBER 14, 2023
PAGE 4 OF 6
HE Review Period
The November 1st release of the Cycle 6 Housing Element Public Review Draft started a 30-day review/comment period where staff will receive comments from residents, interested parties and individual elected and appointed officials. During this time staff will be providing minor refinements such as formatting, data checking and short summaries of particular data sets.
At the end of the 30 days, there will be a minimum 10-day period for the City to make response to the comments.
Presentation Topics
Staff will provide brief comments regarding the organization and elements of the Housing Element. Staff will also provide comments regarding analysis of current census data, the methods of achieving the Cycle 6 RHNA requirements and the method of introducing the Opportunity Zones. The units that are anticipated from the creation of the Opportunity Zones are not required to meet the Cycle 6 requirement.
The Chapters included in the Housing Element are:
• Chapter 1: Introduction
• Chapter 2: Existing Conditions
• Chapter 3: Special Housing Needs
• Chapter 4: Projected Housing Needs
• Chapter 5: Sites Inventory and Analysis
• Chapter 6: Governmental Constraints
• Chapter 7: Progress Toward Implementation
• Chapter 8: Goals, Policies and Programs
Processing Schedule
• November 14: Update at City Council
• December 1: 30 day comment period ends
• December 5: Housing Element Hearing – Planning Commission • December 12: Housing Element Hearing – City Council
• December 15: Submittal to CA Housing and Community Development (HCD)*
CITY COUNCIL
CONSIDERATION OF 6TH HOUSING ELEMENT TO THE GENERAL PLAN
WORKSHOP
NOVEMBER 14, 2023
PAGE 5 OF 6
*HCD review is allocated a maximum of 90 days. After that review, revisions will be made, and a second submittal is anticipated.
Planning Commission Comments
There were several comments from the Planning Commissioners at the meeting of November 7th. They included the following:
• Discussion occurred regarding the availability of treatment plant capacity to accommodate the new housing requirements. Staff explained that the large majority of units being identified to meet the requirement are in projects that are already entitled. The remainder are in previously zoned land (primarily Ausonio property) where infrastructure is adjacent and environmental review will be required prior to approvals. The main concern was treatment plant capacity.
• Discussion regarding the method of meeting Cycle 6 requirements. No land use or zoning changes are required. The requirements can be met through previously approved and currently zoned properties.
• Discussion occurred regarding notice. Staff explained that notice had been provided timely in the Rustler. The Commission suggested that additional notice on the City’s Facebook page may be helpful. Staff will post that information on the City’s page.
• Discussion occurred regarding translation of the document into Spanish, or to provide a summary in Spanish. Staff responded that translation has not occurred yet given the size of the document, but staff will explore ways to address the need for translation.
• Discussion occurred regarding future commercial opportunities in the Bitterwater Road and Metz Road area, responding to additional residential units in that area.
There were no members of the public in attendance, either electronically or in person.