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 28, 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
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1. CALL TO ORDER
2. ROLL CALL: Council Members Oscar Avalos, Carlos DeLeon, Robert Cullen, Mayor Pro Tem Carlos Victoria, and Mayor Mike LeBarre
3. FLAG SALUTE
4. CLOSED SESSION ANNOUNCEMENTS
5. SPECIAL PRESENTATIONS
None
6. PUBLIC COMMENT
Any member of the public may address the Council for a period not to exceed three minutes’ total on any item of interest within the jurisdiction of this Council that is not on the agenda. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda. Comments should be directed to the Council as a whole and not to any individual Council Member. Slanderous, profane or personal remarks against any Council Member, staff member or member of the audience is not permitted.
7. COUNCIL COMMUNICATIONS & COMMITTEE REPORTS
Individual Council Members may comment on Council business, his or her Council activities, City operations, projects or other items of community interest. Council Members may also request staff to report back at a subsequent meeting on any matter or take action to direct staff to prepare a staff report for a future agenda.
8. STAFF COMMUNICATIONS
Comments presented by the City Manager, City Attorney or other staff on City business and/or announcements.
9. CONSENT AGENDA
The following items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Members of the audience may speak on any item(s) listed on the Consent Agenda. Any Council Member, the City Manager, or the City Attorney may request that an item be withdrawn from the Consent Agenda to allow for full discussion.
The Council may approve the remainder of the Consent Agenda on one motion. Items withdrawn from the Consent Agenda may be considered by separate motions at the conclusion of the discussion of each item.
A. Consideration: Meeting Minutes of November 14, 2023, Council Meeting Recommendation: approve and file.
B. Consideration: City of King Check Register November 1, through November 15, 2023
Recommendation: receive and file.
C. Consideration: Consideration: City of King KCCP Payments for the Month of October 2023
Recommendation: receive and file.
D. Consideration: Ordinance Establishing Regulations on Short-Term Rentals of Residential Properties
Recommendation: waive the second reading by title only and adopt 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.
E. Consideration: Cancellation of Regular Meeting on December 26, 2023 Recommendation: cancel the regularly scheduled meeting on December 26, 2023.
10. PUBLIC HEARINGS
None
11. REGULAR BUSINESS
A. Consideration: King City Community Power 2024 Rates and Allocation of Headroom Revenues
Recommendation: approve 1) allocating approximately $200,000 of King City Community Power (KCCP) headroom funding for reduction of rates in 2024 to approximately 4% below PG&E rates; and 2) appropriating $50,000 for installation of electric vehicle charging stations and/or purchase of electric vehicles.
B. Consideration: Cultural Resources Standard Conditions of Approval and Mitigation Measures
Recommendation: approve standard conditions of approval and mitigation measures for development projects regarding protection of cultural resources.
C. Consideration: Direction Regarding Historic Downtown Corridor Building Paint Color Restrictions
Recommendation: provide direction regarding potential restrictions of building paint colors in the historic downtown corridor.
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, SEIU, KCCEA
Gov. Code Section: 54957.6
13. ADJOURNMENT
The City of King is an equal opportunity provider and employer.
City Council Meeting
November 14, 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
Council member Rob Cullen is absent.
City Staff: City Manager Steve Adams; City Attorney Roy Santo; City Clerk, Erica Sonne.
3.__FLAG SALUTE:
The flag salute was led by Mayor LeBarre.
4. CLOSED SESSION ANNOUNCEMENTS:
None
5.__SPECIAL PRESENTATIONS:
A. Swearing in of Robert Ramon, New Police Officer, by Chief Hunt with his wife pinning on his badge.
6. PUBLIC COMMUNICATIONS:
None
7. COUNCIL COMMUNICATIONS:
Mayor Pro Tem Victoria stated he had nothing to report tonight.
Council Member Avalos stated he had nothing to report tonight, just a reminder of Rotary Surf and Turf.
Council Member DeLeon stated he had nothing to report tonight, however he wanted to wish everyone a Happy Thanksgiving.
Mayor LeBarre stated he had nothing to report tonight.
8. CITY STAFF REPORTS AND COMMENTS:
City Manager Adams stated he had nothing to report tonight.
City Attorney Roy Santos stated he had nothing to report tonight.
9. CONSENT
A. Consideration: Meeting Minutes of October 24, 2023, Council Meeting B. Consideration: City of King Check Register October 16, through October 31, 2023 C. Consideration: Special Meeting Minutes of October 27, 2023, Council Meeting D. Consideration: Acceptance of the Rava Employee Housing Subdivision Street Improvements E. Consideration: Appointments to the Police Department Advisory Board 9(A)
F. Consideration: Consideration of Easement Modification Agreement at APN 026-517-022, Located at 100 King Street
G. Consideration: Contract Services Agreement for Community Development Block Grant (CDBG) Grant Writing, Administration and Labor Compliance
H. Consideration: Certification of Local Funding for Purchase of a Fire Rescue Utility Truck I. Consideration: Amendment to Master Fee Schedule Modifying Airport T-Hangar Rental Fees J. Consideration: Consideration of Homeless Temporary Start-Up Rental Assistance Program Action: Motion to approve consent agenda items A - J by Victoria seconded by DeLeon.
AYES: Council Members: LeBarre, DeLeon, Victoria, Avalos, NOES: Council Members:
ABSENT: Council Members: Cullen
ABSTAIN: Council Members:
10. PUBLIC HEARINGS:
A. Consideration: Ordinance Establishing Regulations on Short-Term Rentals of Residential Properties
Community Development Director Doreen Liberto introduced this item.
Mayor LeBarre read the ordinance title into the record.
Mayor LeBarre opened the public hearing, seeing no one come forward with comments Mayor LeBarre closed the public hearing.
Action: Motion to waive first reading of the Ordinance and approve introduction of the Ordinance by DeLeon seconded by Avalos.
AYES: Council Members: LeBarre, DeLeon, Victoria, Avalos, NOES: Council Members:
ABSENT: Council Members: Cullen
ABSTAIN: Council Members:
11. REGULAR BUSINESS
A. Consideration: Unfunded Priority Needs Plan
City Manager Steve Adams introduced this item. He feels taking an Educate the Community approach would be helpful.
Public Works Director/City Engineer Octavio Hurtado further introduced this item on streets.
Police Chief James Hunt further introduced this item on police department staff needs.
Public Works Director/City Engineer Octavio Hurtado further introduced this item on public works Maintenance positions.
City Manager Adams had the architect Shanna Reiss give a short PowerPoint on the Recreation Center remodel.
Recreation Manager Andrea Wasson spoke to the conditions of the Recreation Center and the needs.
Mayor LeBarre and the City Council like the proactive approach being moved towards and thanked staff for all their hard work on this document.
Action: Motion to approve the proposed Unfunded Priority Needs Plan and direct staff to proceed with the proposed community outreach program and develop funding recommendations by Avalos seconded by DeLeon.
AYES: Council Members: LeBarre, DeLeon, Victoria, Avalos, NOES: Council Members:
ABSENT: Council Members: Cullen
ABSTAIN: Council Members:
B. Consideration: Housing Element Amendment to the General Plan Workshop Community Development Director Liberto introduced this item.
Principal Planner Scott Bruce further introduced this item.
The City Council received a presentation on an overview of the draft Housing Element Update recommendations. There was no public comment.
Action: Motion to move forward with the Housing Element Amendment to the General Plan by DeLeon seconded by Victoria.
AYES: Council Members: LeBarre, DeLeon, Victoria, Avalos, NOES: Council Members:
ABSENT: Council Members: Cullen
ABSTAIN: Council Members:
12. CITY COUNCIL CLOSED SESSION
A. Conference with Labor Negotiators
Agency Representative: Steven Adams
Employee Organization: KCPOA, KCPSA
Gov. Code Section: 54957.6
ADJOURNMENT:
Mayor LeBarre adjourned the meeting at 7:38p.m. to closed session and the meeting was adjourned at 8:00p.m. with no reportable action.
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 28, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER
NOVEMBER 1 THROUGH OCTOBER 15, 2023
RECOMMENDATION:
It is recommended City Council receive and file.
BACKGROUND:
At least once a month, the City Treasurer shall submit to the City Council, a copy of the invoices paid for the previous month.
DISCUSSION:
The purpose of this item is to provide the Council an opportunity to review and monitor ongoing expenditures. These documents are attached.
COST ANALYSIS:
There is no fiscal impact as a result of this action.
ENVIRONMENTAL REVIEW:
No Environmental Review required for this item.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
1. Receive and file the report; or
2. Provide other direction to staff regarding requests for additional information.
KING CITY CITY HALL
Check Register Report
Check
Date
Check
Number
Status Amount
November 1 - 15, 2023
BANK:
Vendor
Number Vendor Name Check Description
WELLS FARGO BANK Page: 1
Time: 9:24 am
Date: 11/20/2023
Void/Stop
Date
Reconcile
Date
WELLS FARGO BANK Checks
70434 11/09/23 Printed A & G PUMP A & G PUMPING INC Porta Potty Rental 424.00 70435 11/09/23 Printed A T T A T & T Internet-139650003 159.79 70436 11/08/23 Void 11/08/23 Void Check 0.00
70437 11/09/23 Printed KCTVHARD ALCANTAR HARDWARE INC Trunk or Treat 305.49 ALVAREZ TECHNOLOGY 1,586.17
GROUP
70438 11/09/23 Printed ALVAREZL Computer Lease & Late Fees 70439 11/09/23 Printed RANDY FIDENCIO AMADO CID Trunk or Treat 150.00 AMAZON CAPITAL SERVICES 147.32
INC
70440 11/09/23 Printed AMAZON DC Solenoid - San Antonio Park 70441 11/09/23 Printed AT & T AT & T Phone - #831 386-9066 718 1 278.41 70442 11/09/23 Printed AT & T-FIR AT & T MOBILITY Cell Phones - #287299743011 1,139.97 70443 11/09/23 Printed AT&T - C AT&T 911 Line - #9391036550 101.16 70444 11/09/23 Printed AVALOSGAB GABRIEL ORTIZ AVALOS Reimb For HOP Application 150.00 70445 11/09/23 Printed AXON AXON ENTERPRISE INC Taser Instructor 876.02 70446 11/09/23 Printed BENITEZJ JESUS BENITEZ Security - 11/4/23 1,764.00 RICHARD A BENSON 12,002.37
PLUMBING
70447 11/09/23 Printed BENSON Slide Pump Repair
70448 11/09/23 Printed BONNER CAROLYN JOY BONNER Socos 200.00 70449 11/09/23 Printed CNC ELECTR CLARK N CLEVENGER Spark Pug for Chain Saw. 357.58 70450 11/09/23 Printed UMSTEAD EL CLIFTON T UMSTEAD Replace Pump #2 7,195.85 70451 11/09/23 Printed COASTAL COASTAL TRACTOR Wire Connectors 618.36 70452 11/09/23 Printed CONTREVERO VERONICA CONTRERAS MBASIA Summit & Meeting. 127 Miles. 83.18 70453 11/09/23 Printed CORTEZG GERARDO CORTEZ Refund - Rec Center Security Deposit. 500.00 70454 11/09/23 Printed CSC OF SAL CSC OF SALINAS Grinder Grease Supplies 199.15 70455 11/09/23 Printed DAVE'S REP DAVE'S REPAIR SERVICE Annual Fuel Station Testing. 2,395.00 DEPARTMENT OF 951.97
CONSERVATION
70456 11/09/23 Printed DEPT CONS Strong Motion Services 70457 11/09/23 Printed DIMES MEDI DIMES MEDIA CORPORATION KRKC Ads 50.00 70458 11/09/23 Printed EL PAJARO EL PAJARO COMMUNITY Covid-19 CDBG Business Assistance 106,064.63 Grants
70459 11/09/23 Printed ENGIE ENGIE SERVICES US INC Repair/Replacement of Damaged Broken 12,985.26 Solar Panels
FRANK'S GARDENING 450.00
SERVICE
70460 11/09/23 Printed FRANK'S GA Monthly Garden Service 70461 11/09/23 Printed CUESTAP JOHN E ODUM Salazar - Psych 550.00 70462 11/09/23 Printed TIRE KING JOSE RODRIGUEZ New Tire Loader 1,201.92 KIMLEY-HORN & 19,703.60
ASSOCIATES INC
70463 11/09/23 Printed KIMLEY-HOR KC Bulbout - Broadway St KING CITY INDUSTRIAL 541.96
SUPPLY
70464 11/09/23 Printed KC IND Sewer Machine Repairs
70465 11/09/23 Printed KSSTATE KS STATEBANK Street Sweeper Pmt #3354913 9,649.12 LANGUAGE LINE SERVICES 523.58
INC
70466 11/09/23 Printed LANGUAGE Translation Services
LEXISNEXIS RISK 328.12
SOLUTIONS FL I
70467 11/09/23 Printed LEXISN Lexis Nexis
70468 11/09/23 Printed WILDHORSE M-K-S DODSON INC Propane Bottle Fill. Propane Weed Torch. 43.28 70469 11/09/23 Printed MAGNUME MAGNUM ELECTRONICS INC Battery Charger, Charger Plug. 1,089.74 70470 11/09/23 Printed MBAS MBAS INC Testing Sample 531.00 MONTEREY COUNTY 500.00
BUSINESS
70471 11/09/23 Printed MCBC Monterey County Business Council Membership
MONTEREY COUNTY HEALTH 52.00
DEPT
70472 11/09/23 Printed MO HEALTH Bates Exam
70473 11/08/23 Void 11/08/23 Void Check 0.00
70474 11/08/23 Void 11/08/23 Void Check 0.00
MONTEREY COUNTY TAX 12,924.46
COLLECTOR
70475 11/09/23 Printed MOCO TAX Property Tax - FY 23-24 #245-111-050-000
70476 11/09/23 Printed NEWSV NEW SV MEDIA INC LUE & General Plan Workshops Nov 7 & 252.32 14th
70477 11/09/23 Printed O'REILLY A O'REILLY AUTOMOTIVE INC Battery #113 252.66 70478 11/09/23 Printed OFFICE DEP OFFICE DEPOT Office Supplies 262.61 70479 11/09/23 Printed STARSAN PACIFIC AG RENTALS LLC Equipment Booster Pump 150.22 PARTS & SERVICE CTR- NAPA 217.20
INC
70480 11/09/23 Printed PARTS & SE Battery for WW Generator
KING CITY CITY HALL
Check Register Report
Check
Date
Check
Number
Status Amount
November 1 - 15, 2023
BANK:
Vendor
Number Vendor Name Check Description
WELLS FARGO BANK Page: 2
Time: 9:24 am
Date: 11/20/2023
Void/Stop
Date
Reconcile
Date
WELLS FARGO BANK Checks
PENINSULA PURE WATER 93.45
INC
70481 11/09/23 Printed PURE WATER Water - City Hall
70482 11/09/23 Printed PAC PG&E Vidio Cameras #2142711617-9 93.77 70483 11/09/23 Printed PAC PG&E Electricity - #2351260399-6 99.75 PURCHASE POWER*PITNEY 500.00
BOWES
70484 11/09/23 Printed PURCHASE P Postage #8000-9000-0111-3376 70485 11/09/23 Printed QUILL CORP QUILL CORPORATION Office Supplies - Envelopes 225.90 70486 11/09/23 Printed SENTRY SENTRY ALARM SYSTEMS City Hall Alarm System Vist. 270.24 70487 11/09/23 Printed TLENGINE TL ENGINEERING Ausonio Apt EIR Review. 2,420.00 70488 11/09/23 Printed TOPES TOPE'S TREE SERVICE INC Tree Removal - 581 Pearl St-KC 8,650.00 70489 11/09/23 Printed RC LANDSCA MARLEN RIOS TORRES Little League Contract Service Mowing 400.00 TRANSUNION RISK AND 75.00
ALTERNATIV
70490 11/09/23 Printed TRANSU TLO
US BANCORP EQUIPMENT 244.08
FINANCE
70491 11/09/23 Printed U.S. BANCO Copier Contract - #1152697 70492 11/09/23 Printed KCVC MEGAN M VIOLAND Euthanasia 145.00 70493 11/09/23 Printed WASSONA ANDREA WASSON MBASIA Summit 66.30 70494 11/09/23 Printed SOILSERV WILBUR-ELLIS COMPANY Defoamer Waste Water Pesticide 90.69 Application.
Total Checks: 61 Checks Total (excluding void checks): 213,283.65 WELLS FARGO BANK EFTs
1065520 11/09/23 Reconciled 11/09/23 ADAMS ADAMS ASHBY GROUP LLC Waste Water Treatment Plant Design 622.50 CDBG Grant Adm
1065521 11/09/23 Reconciled 11/09/23 A & W ALESHIRE & WYNDER LLP Legal Services-Grocery Outlet Litigation 15,764.70 ALLSTAR FIRE EQUIPMENT 353.71
INC
1065522 11/09/23 Reconciled 11/09/23 ALLSTAR Repair 3 SCBA Packs ALVAREZ TECHNOLOGY 4,944.50
GROUP INC
1065523 11/09/23 Reconciled 11/09/23 ALVAREZ IT Services - December 2023 1065524 11/09/23 Reconciled 11/09/23 AM SUPPLY AMERICAN SUPPLY CO Janitorial Supplies 719.35 1065525 11/09/23 Reconciled 11/09/23 CARMEL FIR ART BLACK Fire Sprinkler System Inspection 500.00 COASTLINE MARKETING 125.00
GROUP INC
1065526 11/09/23 Reconciled 11/09/23 COASTL Website Maintenance Service 1065527 11/09/23 Reconciled 11/09/23 CSGCON CSG CONSULTANTS INC Mills Ranch Phase 3 Professional 37,804.75 Services
1065528 11/09/23 Reconciled 11/09/23 MAGICC NORMA L DOMINGUEZ Park & City Janitorial Services 15,240.00 1065529 11/08/23 Void 11/08/23 Void Check 0.00
1065530 11/08/23 Void 11/08/23 Void Check 0.00
1065531 11/09/23 Reconciled 11/09/23 EARTH DESI EARTH DESIGN INC Building Permit - 740 Spreckels Rd 23,617.71 1065532 11/09/23 Reconciled 11/09/23 EIKHOF EIKHOF DESIGN GROUP INC Professional Services Golf 38,510.25 Course-2023-004
GONZALES IRRIGATION 646.85
SYSTEMS
1065533 11/09/23 Reconciled 11/09/23 GIS Repair Irrigation @ Skate Park 1065534 11/09/23 Reconciled 11/09/23 LA HEARNE LA HEARNE COMPANY Replacement Hoes Weeding 330.07 ROSSI BROS TIRE & AUTO 86.95
SERVICE
1065535 11/09/23 Reconciled 11/09/23 ROSSI BROS Oil Change - 4 X 4 Truck 1065536 11/09/23 Reconciled 11/09/23 SPECTRUMT SPECTRUM ENTERPRISE Internet - 113362301 1,230.23 1065537 11/09/23 Reconciled 11/09/23 TORO TORO PETROLEUM CORP Fuel - Acct #1679 4,391.51 Total EFTs: 18 EFTs Total (excluding void checks): 144,888.08 Total Payments: 79 Bank Total (excluding void checks): 358,171.73 Total Payments: 79 Grand Total (excluding void checks): 358,171.73 Item No. 9(C)
REPORT TO THE CITY COUNCIL
DATE: NOVEMBER 28, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING KCCP PAYMENTS FOR
THE MONTH OF OCTOBER 2023
RECOMMENDATION:
It is recommended City Council receive and file.
BACKGROUND:
At least once a month, the City Treasurer shall submit to the City Council, a copy of the invoices paid for the previous month.
DISCUSSION:
The purpose of this item is to provide the Council an opportunity to review and monitor ongoing expenditures. These documents are attached.
COST ANALYSIS:
There is no fiscal impact as a result of this action.
ENVIRONMENTAL REVIEW:
No Environmental Review required for this item.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
1. Receive and file the report; or
2. Provide other direction to staff regarding requests for additional information.
Item 9(D)
REPORT TO THE CITY COUNCIL
DATE: NOVEMBER 28, 2023
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DOREEN LIBERTO, AICP, COMMUNITY DEVELOPMENT
DIRECTOR
RE: CONSIDERATION OF AN ORDINANCE ESTABLISHING
REGULATIONS ON SHORT-TERM RENTALS OF RESIDENTIAL
PROPERTIES
RECOMMENDATION:
It is recommended that the City Council waive the second reading by title only and adopt 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.
BACKGROUND:
On November 14, 2023, the City introduced an Ordinance regarding short-term rentals of residential properties. Short-term vacation rentals made popular by websites like Airbnb, VRBO, and Tripping allow hosts to rent their residences to visitors for 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 City recently received an inquiry regarding the potential use of a residence for a short-term rental business. As a result, staff believes it is a good time to establish some level of regulations to provide consistent direction to interested property owners. The Ordinance was drafted by the City Attorney.
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 that 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 28, 2023
CONSIDERATION OF ORDINANCE ESTABLISHING REGULATIONS ON SHORTTERM RENTALS OF RESIDENTIAL PROPERTIES PAGE 2 OF 4
The proposed Ordinance will require the issuance of an administrative use permit, 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.
Approved businesses will be required to pay the transient occupancy tax and adhere 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.
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.
CITY COUNCIL
NOVEMBER 28, 2023
CONSIDERATION OF ORDINANCE ESTABLISHING REGULATIONS ON SHORTTERM RENTALS OF RESIDENTIAL PROPERTIES PAGE 3 OF 4
On-Site Parking
Space
A parking plan is required and must provide 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 proposed Ordinance;
2. Direct staff to modify the Ordinance and re-introduce it;
3. Do not adopt the Ordinance;
4. Request additional information; or
5. Provide staff with 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.
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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.
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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.
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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:
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ROY C. SANTOS, City Attorney
Aleshire & Wynder, LLP
I, ______________________________, City Clerk of the City of King, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of King on the date and by the vote indicated herein.
Item No. 9 (E)
REPORT TO THE CITY COUNCIL
DATE: NOVEMBER 28, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF CANCELLATION OF REGULAR MEETING
ON DECEMBER 26, 2023
RECOMMENDATION:
It is recommended that the City Council cancel the regularly scheduled meeting on December 26, 2023.
BACKGROUND:
The City Council has traditionally cancelled the second regularly scheduled meeting in December. This year, this meeting would fall on the 26 th of
December.
DISCUSSION:
The second meeting in December this year falls on December 26 th
. Since
Christmas Eve falls on a Sunday and Christmas Day on a Monday, employees will receive their Christmas Eve holiday on December 26th. There are also normally many activities and scheduling conflicts around the holidays, a number of employees request leave, and City Hall is closed during that week. Cancelling the meeting allows the Council and staff to enjoy the holidays with their families and friends.
COST ANALYSIS:
The meeting cancellation typically results in a small savings in overtime pay.
Item No. 11 (A)
REPORT TO THE CITY COUNCIL
DATE: NOVEMBER 28, 2023
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF KING CITY COMMUNITY POWER 2024
RATES AND ALLOCATION OF HEADROOM REVENUES
RECOMMENDATION:
It is recommended the City Council approve: 1) allocating approximately $200,000 of King City Community Power (KCCP) headroom funding for reduction of rates in 2024 to approximately 4% below PG&E rates; and 2) appropriating $50,000 for installation of electric vehicle charging stations and/or purchase of electric vehicles.
BACKGROUND:
The City launched its KCCP Community Choice Aggregation (CCA) program on July 2, 2018. The City entered into an agreement with Pilot Power Group (“Pilot”) on December 12, 2017 to operate KCCP. At the February 28, 2023 meeting, the City Council approved renewal of the Agreement for an additional 7-year period.
The new Agreement included provisions that committed to maintaining an ongoing minimum reserve equal to all of the recurring expenses recorded for the prior twelve months, divided by twelve, which is approximately $400,000.
Headroom is the discretionary revenue available after accounting for the reserve and all expenditures. It was agreed at that time that no headroom would be expended until November 2023 when actual net revenue amounts could be determined. This ensures that only actual available revenue is expended rather than projected revenues.
In 2022, KCCP needed to reevaluate its financial position due to a number of circumstances. Rate adjustments had not been made at the appropriate frequency, energy costs rose significantly due to the war in Ukraine, and there was an inability to make long-term energy purchases due to the fact that the KCCP Agreement was reaching the end of its term. Since that time, tremendous
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CONSIDERATION OF KING CITY COMMUNITY POWER 2024 RATES AND
ALLOCATION HEADROOM REVENUES
NOVEMBER 28, 2023
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progress has been made and KCCP finances have stabilized. The $400,000 reserve is in place and approximately $250,000 of headroom is available. A copy of the KCCP Annual Analysis and updated pro forma is attached. It is now time to allocate the headroom, which is being presented to City Council for direction and approval.
DISCUSSION:
The primary options identified for allocation of the headroom include lowering rates, installation of electric vehicle charging stations, purchase of electric vehicles, and funding of climate resiliency projects such as backup power sources at City facilities. Funds committed to rate payers could be approved in the form of a rate decrease in the upcoming year or a one-time rebate or credit.
When the City made the original decision to launch KCCP, the other options available were to either remain with PG&E for power purchases or join Monterey Bay Community Power (MBCP), which was a Community Choice Aggregation (CCA) joint powers authority being formed with the other cities in Monterey, Santa Cruz and San Benito counties. The City Council decided to form KCCP in order to maintain control over rates and to be able to target discretionary revenues to address local needs. Specific goals included maintaining lower rates, funding home solar installation for low-income households, providing clean energy, and to install solar streetlights.
The program has been successful thus far in achieving its initial goals. Rates charged have been significantly lower than both PG&E and MBCP. Solar panels were installed in approximately 100 low-income households. Solar lights were installed on Jayne Street and the skate park. A $371,000 in-kind donation of renewable credits to KCCP through Pilot enabled it to become the smallest California CCA to achieve 100% renewable credit for its entire customer base in 2020, and Pilot made an additional $10,000 donation to help fund the solar lighting at the skate park. KCCP has also provided annual payments to cover City costs in the range of $30,000 to $90,000 on an annual basis. The total value of these benefits is estimated to be in the range of $2 million.
MBCP recently expanded to include cities in San Luis Obispo and Santa Barbara Counties, which is now called Central Coast Community Energy (3CE). 3CE recently approved a large decrease in rates. Since they maintain a different rate structure as KCCP, it is difficult to provide an accurate rate comparison. It is estimated that their rates are now approximately 15% lower on average than KCCP depending upon the rate category of any given customer.
CITY COUNCIL
CONSIDERATION OF KING CITY COMMUNITY POWER 2024 RATES AND
ALLOCATION HEADROOM REVENUES
NOVEMBER 28, 2023
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One of the ongoing goals of KCCP has been to maintain rates competitive with both PG&E and 3CE. It has been successful over the life of KCCP, but it is important to assess the status on an ongoing basis. The current differential in rates is a concern if it becomes a long-term trend.
Staff recommends the following at this time:
• Allocate $200,000 of the headroom revenue to rate reduction, which will result in rates approximately 4% below PG&E across the board. • Allocate the additional $50,000 headroom for purchase of electric vehicle charging stations and/or electric vehicles, which is an important goal for the City.
• Monitor rate comparisons with 3CE over the next two to three year period. • If KCCP is not able to establish a plan for achieving competitive rates at some point in the future by the end of the evaluation period, staff will provide options and recommendations for City Council to consider regarding the future direction of KCCP at that time.
The current rate differential only represents one point in time. Since KCCP rates have been lower than 3CE over most of the life of KCCP, it is not recommended to consider any long-term direction alternatives until rates and revenues can be evaluated over a sufficient period of time.
COST ANALYSIS:
Recommendations maintain $30,000 in annual revenue to reimburse the City for staffing costs, which is consistent with the FY 2023-24/FY 2024/25 Biennial Budget. It will add $50,000 for efforts to fund installation of electric vehicle charging stations and City conversion to electric vehicles.
ENVIRONMENTAL REVIEW:
The allocation of KCCP funding is not considered a “project” for the purposes of the California Environmental Quality Act (CEQA). Therefore, this item does not have the potential for resulting in either a direct physical change to the environment or a reasonably foreseeable indirect physical change in the environment. No further action is required under CEQA for City Council action.
ALTERNATIVES:
The following alternatives are presented for Council consideration:
1. Approve staff’s recommendations;
Exhibit 1
Item No. 11 (B)
REPORT TO THE CITY COUNCIL
DATE: NOVEMBER 28, 2023
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DOREEN LIBERTO, AICP, COMMUNITY DEVELOPMENT
DIRECTOR
RE: CONSIDERATION OF CULTURAL RESOURCES STANDARD
CONDITIONS OF APPROVAL AND MITIGATION MEASURES
RECOMMENDATION:
It is recommended that the City Council approve standard conditions of approval and mitigation measures for development projects regarding protection of cultural resources.
BACKGROUND:
The State Native American Heritage Commission defines cultural resources related to remains and sites associated with human activities and include the following:
• Prehistoric and ethnohistoric Native American archaeological sites; • Historic archaeological sites;
• Historic buildings; and
• Elements or areas of the natural landscape which have traditional cultural significance.
State law requires consultation with Native American Tribes on cultural resources issues, including SB 18 which took effect in 2004 and AB 52 which took effect in 2015. The City recognizes the importance of consultation and seeks to protect and preserve these resources from damage or destruction.
CITY COUNCIL
NOVEMBER 28, 2023
CONSIDERATION OF STANDARD CULTURAL RESOURCES CONDITIONS
OF APPROVAL AND MITIGATION MEASURES
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In 2018, staff prepared standard conditions of approval/mitigation measures (COA/MM) to address cultural resource protection. Recently, the City has been contacted by new leaders of the Xolon Salinan Tribe about when Native American monitors should be present during ground disturbance. To address recent comments, the staff recommends the standard COA/MM pertaining to cultural resources be updated.
The City Attorney’s Office prepared the attached recommended updated COA/MM. The intent of the updated COA/MM is to establish consistent and specific requirements for when on-site monitoring will be required to avoid disputes on each individual project with tribal representatives and applicants, to ensure the requirements are consistent with legal restrictions, and to maintain processes that are both effective in protecting cultural resources while at the same time do not create an undue financial burden on the applicant.
DISCUSSION:
Senate Bill 18 became effective in 2004 and requires that local governments notify the appropriate tribal representatives of proposed amendments or adoption of a general plan or specific plan. Assembly Bill 52 became effective in 2015 and broadened the requirements for tribal consultation. It created a more formal structure for California’s tribes to provide meaningful input to protect their cultural heritage during the California Environmental Quality Act (“CEQA”) process.
AB 52 requires notification:
• on projects for which a Notice of Preparation, Notice of Mitigated Negative Declaration or Notice of Negative Declaration is filed on or after July 1, 2015.
• of a tribe(s) that is traditionally and culturally affiliated to the geographic area where a project is located and has requested that the lead agency provide notification to the tribe of projects in the tribe’s area of traditional and cultural affiliation.
The Native American Tribes’ representatives have requested Native American monitors be present during ground disturbance. The City’s existing standard COA/MM requires an archaeologist be present if cultural resources are unearthed. The existing standard COA/MM states that a tribal monitor may be required if excavation is greater than four feet. The City Attorney’s office has
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NOVEMBER 28, 2023
CONSIDERATION OF STANDARD CULTURAL RESOURCES CONDITIONS
OF APPROVAL AND MITIGATION MEASURES
PAGE 3 OF 5
indicated the City cannot require the presence of a Native American Monitor if there is no evidence of cultural resources.
The City Attorney’s Office revised the standard COA/MM and wrote standard conditions of approval for when there is no substantial evidence that archaeological resources or tribal cultural resources are on a project site (Exhibit 1) and standard mitigation measures for when there is substantial evidence a project may encounter subsurface tribal cultural resources (Exhibit 2).
Exhibit 1 (standard condition of approval) proposes that an onsite archaeologist, selected and paid for by the applicant and to the City’s approval, take the lead in collaborating with the applicant, City, and applicant’s contractor and discuss the appropriate course of action if cultural resources are uncovered.
The archaeologist must meet the Secretary of the Interior qualifications for an archaeologist and have demonstrated expertise and experience in the identification of tribal artifacts and tribal cultural resources.
If a Qualified Archaeologist determines there is a potential tribal cultural resource, the applicant will contact the tribes that are traditionally and culturally affiliated with the geographic area and provide the tribes with reasonable opportunities to inspect the find. In consultation with the tribe, a Qualified Tribal Monitor agreed on by the tribes shall verify the find and prepare a mitigation plan with recommendations concerning how to preserve and protect the tribal cultural resources. The mitigation plan will be submitted to the Community Development Director for approval. The applicant shall pay for the Qualified Tribal Monitor’s time. The hourly rate shall not exceed those of the Qualified Archaeologist. If several qualified tribes are involved and cannot agree on a monitor, the Qualified Archaeologist shall monitor the ground disturbance activities.
Exhibit 2 (mitigation measure when there is substantial evidence the project may encounter the subsurface tribal cultural resources) includes the protocol in Exhibit 1 and adds a requirement that before commencing ground disturbance activities, at least one hour of Worker Environmental Awareness Program training to construction crews shall be conducted. The training provided by an archaeologist shall provide guidance for the identification of tribal cultural resources.
Copies of Exhibit 1 and Exhibit 2 were sent by Certified Mail to the Salinan Tribe of San Luis Obispo, Monterey, San Benito, and the Xolon Salinan Tribe.
01222.0005/654774.1
EXHIBIT 1
CITY’S STANDARD CONDITION OF APPROVAL
CULTURAL RESOURCES
(No Substantial Evidence That Archaeological Resources
or Tribal Cultural Resources are on Project Site)
Standard Cultural Resource Conditions: The following cultural resource conditions of approval (COA) are applicable to all approved applications. Prior to and during construction of each phase or individual construction activity undertaken as part of the project and to mitigate potential impacts to cultural resources, the following steps shall be taken and documented in writing:
• Prior to excavation and construction on the project site, the prime construction contractor and any subcontractor(s) shall be cautioned on the legal and/or regulatory implications of knowingly destroying historic or prehistoric cultural resources or removing artifacts such as, but not limited to, prehistoric ground stone, projectile points, shell middens, or debitage, human remains, historic materials such as, but not limited to, bottles or cans and other cultural materials from the project site.
Responsibility: Project Applicant, Prime Construction Contractor, Subcontractors Timing: Prior to excavation and construction
Funding: Project Applicant
• Prior to any demolition, excavation, or construction, the project applicant shall identify a Qualified Archaeologist to be on call if any cultural resources are identified, or if required by the City when project excavation of four (4’) feet or great is needed. A Qualified Archaeologist shall meet the Secretary of the Interior qualifications for an archaeologist and have demonstrated expertise and experience in the identification of tribal artifacts and tribal cultural resources, The City shall approve the selected archaeologist prior to issuance of the any permit that includes soil disturbance.
Responsibility: Project Applicant, City (compliance monitoring) Timing: Prior to any demolition, excavation or construction.
Funding: Project Applicant
• Prior to soil disturbing activities to search for surface evidence of historic or prehistoric cultural resources, if a project survey has not been conducted as part of the project application process, the Qualified Archaeologist shall conduct a pedestrian survey of the project site. The archaeologist shall be authorized to perform spot check monitoring of subsurface construction for potential cultural resources, and analyze and evaluate artifacts or resources that may be uncovered. The qualified archaeologist shall also have the authority to temporarily halt excavation and construction activities in the immediate vicinity (within a 50-meter radius, or approximately 164-feet) of a find if significant or potentially significant cultural resources are exposed and/or adversely affected by construction operations.
Responsibility: Project Applicant’s Archaeologist, City (compliance monitoring) Timing: Prior to soil disturbing activities to search for surface evidence of historic or prehistoric cultural resources.
01222.0005/654774.1
Funding: Project Applicant
• In the event of a find, reasonable time shall be allowed for the qualified archaeologist to conduct additional subsurface testing, analysis, and reporting, if warranted.
During this time, excavation and construction shall not be allowed in the immediate vicinity of the find within a 50-meter radius (or approximately 164-feet), or within a larger area as determined by the qualified archaeologist. However, activities may continue in other areas of the project site if so, determined by the qualified archaeologist. • If any find is determined to be significant by the qualified archaeologist, representatives of the project developer or construction contractor and the City, and the qualified archaeologist, shall meet to determine the appropriate course of action.
Responsibility: Project Archaeologist, Project Applicant, Construction Contractor, City (compliance monitoring)
Timing: Prior to any work within a 50-meter radius, or approximately 164-feet, of the find Funding: Project Applicant
• All cultural materials recovered as part of the testing or monitoring program shall be subject to scientific analysis, professional museum curation, and reporting prepared according to current professional standards. A copy of the report and analysis shall be provided to the California Historical Resources Information System Northwest Information Center for recordation.
Responsibility: Project Archaeologist, City (compliance monitoring) Timing: After Report and Analyses is completed
Funding: Project Applicant
• If the Qualified Archaeologist determines the find is a potential tribal cultural resource, the Qualified Archeologist shall immediately establish an appropriate sensitive area boundary around the find where ground disturbance activities may not take place until authorization from the Qualified Archaeologist. This boundary may be different than the 50 meter radius initially established. The Applicant shall contact the tribes that are traditionally and culturally affiliated with the geographic area where the project site is located (tribes) and provide the tribes a reasonable opportunity to inspect the find. In consultation with the tribes that actually inspected the find, the monitor shall verify the appropriateness of the sensitive area boundary and prepare a mitigation plan that contains recommendations concerning appropriate measures to be implemented to preserve and protect the tribal cultural resource and other tribal cultural resources that may be found at the project site consistent with recommended mitigation protocols set forth in PRC, sections 21083.2 and 21084.3, with preservation in place or leaving the resource in an undisturbed state being the preferred approach to mitigation, and for the monitoring of all future ground disturbance activities on the project site for additional tribal cultural resources, subject to the requirements set forth below, including the depth below surface grade when monitoring is required. This mitigation plan shall be submitted to the Community Development Director for approval. After the Community Development Director approves the mitigation plan, the Applicant shall comply with the recommendations in the mitigation plan and maintain written documentation of compliance available for City inspection at the project site, or at applicant’s place of 01222.0005/654774.1
business, for at least one year after issuance of the final Certificate of Occupancy. Any disagreements regarding the content or implementation of the mitigation plan shall be submitted to the Community Director for a final decision after consultation with the Qualified Archaeologist/Qualified Tribal Monitor, the tribes that actually inspected the original find and the Applicant. After the mitigation plan is approved ground disturbance activities may restart within the sensitive area boundary only with the Qualified Archeologist’s approval after consulting with the tribes that actually inspected the original find. In addition to payment of all fees and costs of the Qualified Archaeologist, the Applicant shall pay any reasonable fees assessed by the tribes that actually inspected the find to (1) inspect the find, (2) consult on the mitigation plan and/or (3) provide a Qualified Tribal Monitor, as described below, to monitor ground disturbance activities if required by the mitigation plan. The tribes’ fees for services provided shall not exceed the hourly fees and rates of the Qualified Archaeologist. If the mitigation plan requires monitoring of all ground disturbance activities at the project site, the Applicant shall first attempt to retain a Qualified Tribal Monitor meeting the requirements below to monitor the ground disturbance activities. However, if after a reasonable period of time, as determined by the Community Development Director, the Applicant is unable to retain a Qualified Tribal Monitor meeting the requirements below or because the Qualified Tribal Monitor’s hourly rates exceed those of the Qualified Archaeologist and/or multiple qualified tribes request to provide monitoring by a Qualified Tribal Monitor and they are unable to reach agreement among themselves as to the provision of a single Qualified Tribal Monitor for the project site, the Applicant may retain the Qualified Archaeologist, who satisfies the monitor requirements set forth below, to monitor the ground disturbance activities. The selected Qualified Archaeologist or Qualified Tribal Monitor shall not delegate any monitoring obligations to a third party without first obtaining the Applicant’s approval.
Monitor Requirements: Only a Qualified Archaeologist or a Qualified Tribal Monitor shall be permitted to monitor ground disturbance activities at the project site as part of the implementation of the mitigation plan. A Qualified Archaeologist or Qualified Tribal Monitor is not permitted to delegate the task of monitoring ground disturbance activities to persons that do not meet the requirements of a Qualified Archaeologist or Qualified Tribal Monitor. The Qualified Archaeologist or Qualified Tribal Monitor shall be contractually required to monitor ground disturbance activities at the project site at all times identified by the Applicant when ground disturbance activities are scheduled to take place. The Qualified Archaeologist or Qualified Tribal Monitor shall not be paid for time at the project site when ground disturbance activities were not scheduled to take place, unless the Applicant or its representative has requested the monitor’s presence at the project site. In addition, the Qualified Tribal Monitor shall have demonstrated expertise and experience in the identification of tribal artifacts, shall be a member of a tribe that is traditionally and culturally affiliated with the geographic area where the project site is located and shall demonstrate the following to the reasonable satisfaction of the Applicant:
i. The Qualified Tribal Monitor has the Tribe’s authority to make daily decisions on Native American beliefs, wishes or policy and that consultation with other tribal 01222.0005/654774.1
members with authority and/or experience shall be infrequent and will not delay project progress.
ii. The Qualified Tribal Monitor has the tribe’s authority to consult with the Qualified Archaeologist on the archaeological investigations. iii. The Qualified Tribal Monitor shall report to the appropriate tribal members on project progress, activities, finds and problems by whatever methods are appropriate. iv. The Qualified Tribal Monitor has the tribe’s authority to lodge a formal complaint with the appropriate governmental agency, such as the City or the Native American Heritage Commission.
v. The Qualified Tribal Monitor shall be available to monitor ground disturbance activities at all times during scheduled construction days and hours. vi. The Qualified Tribal Monitor shall submit to the Construction Contractor a daily log setting forth the hours that monitoring took place, whether any tribal artifacts were identified and, if so, whether the tribal artifact was determined to be a tribal cultural resource.
Responsibility: Project Contractor, Project Applicant, City (compliance monitoring)
Timing: In Event of Discovery of a tribal artifact or tribal cultural resource Funding: Project Applicant
In accordance with State CEQA Guidelines, Section 15064.5 (e)(1)(A)(B), in the event of the discovery or recognition of any human remains on the project site during development, the following steps shall be taken:
• There shall be no further excavation or disturbance of the site or any area reasonably suspected to overlie adjacent human remains until the County coroner is contacted to determine that no investigation of the cause of death is required. Possible indications of burials could include a layer of shells placed over the burial. • If the coroner determines the remains to be Native American, then the coroner shall contact the Native American Heritage Commission (“Commission”) within twenty-four (24) hours.
The Commission shall identify the person or persons it believes to be the most likely descendent (“MLD”) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98.
Responsibility: Project Contract, Project Applicant, City (compliance monitoring) Timing: In Event of Discovery or Recognition of any Human Remains Funding: Project Applicant
• Where the following conditions occur, the landowner or their authorized representative shall 01222.0005/654774.1
rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if the:
a) Commission is unable to identify an MLD or the MLD failed to make a recommendation within forty-eight (48) hours after being notified by the Commission; b) Descendent identified fails to make a recommendation; or c) Landowner or their authorized representative rejects the recommendation of the descendent, and the mediation by the Commission fails to provide measures acceptable to the landowner.
Responsibility: Project Applicant, NAHC, MLD, City (compliance monitoring) Timing: After Discovery of Human Remains
Funding: Project Applicant
01222.0005/925547.1
EXHIBIT 2
STANDARD MITIGATION MEASURE RE MONITORING FOR TRIBAL CULTURAL RESOURCES (To Be Included As A Mitigation Measure When There Is
Substantial Evidence The Project May Encounter Subsurface Tribal Cultural Resources1)
Tribal Cultural Resource Conditions: The following tribal cultural resource conditions of approval (COA) are applicable to all approved applications when it has been determined that a project may encounter tribal artifacts during ground disturbance activities. Prior to and during construction of each phase or individual construction activity undertaken as part of the project and to mitigate potential impacts to tribal cultural resources, the following steps shall be taken and documented in writing:
• Prior to commencing any ground disturbance activities, the Applicant shall provide at least one (1) hour of Worker Environmental Awareness Program (WEAP) training to construction crews to be involved in ground disturbance activities at the project site that provides guidance for the identification of tribal cultural resources, as defined by Public Resources Code, section 21074, and information about the regulatory requirements for the protection of tribal cultural resources. The training shall be provided by an archaeologist meeting the Secretary of the Interior’s qualification standards for an archeologist with demonstrated qualifications and experience in the identification of tribal cultural resources (“Qualified Archeologist”) or by a member of a tribe that is traditionally and culturally affiliated with the geographic area where the project site is located that has demonstrated qualifications and experience in the identification of tribal cultural resources (“Qualified Tribal Monitor”). The Qualified Tribal Monitor’s fees for training shall not exceed the hourly rates/fees of a Qualified Archaeologist. The WEAP training may be “in person”, by video conference or in the form of a pre-recorded video presentation. The Applicant shall maintain on the project site, for City inspection, documentation establishing the WEAP training was completed for all members of the construction crew involved in ground disturbance activities.
Ground disturbance activities shall include excavating, digging, trenching, plowing, drilling, tunneling, quarrying, grading, leveling, removing peat, clearing, driving posts, auguring, backfilling, blasting, stripping topsoil or any similar activity at the project site .
1 Substantial evidence supporting the imposition of this mitigation measure would be evidence obtained through a search of the records maintained by the California Historical Resources Information System or the Native American Heritage Commission’s Sacred Lands File, or obtained from tribes that are traditionally and culturally affiliated with the region where the project site is located, or from other credible sources, that previously a tribal cultural resource was found either on the project site or within 50 meters of the boundary of the project site. 01222.0005/925547.1
The requirement for this WEAP training shall be included as a term in any contracts with construction contractors or subcontractors hired by the Applicant.
Responsibility: Project Applicant, Prime Construction Contractor, Subcontractors Timing: Prior to ground disturbance activities and construction Funding: Project Applicant
Prior to commencing any ground disturbance activities, the applicant shall first attempt to retain a Qualified Tribal Monitor meeting requirements set forth below to monitor ground disturbance activities at a depth of more than four (4) feet below surface grade.
The fees for monitoring performed by a Qualified Tribal Monitor shall not exceed the fees and hourly rates of Qualified Archaeologist for providing monitoring services. If after a reasonable period of time, as determined by the Community Development Director, the Applicant is unable to retain a Qualified Tribal Monitor meeting the requirements below or because the Qualified Tribal Monitor’s hourly rates exceed those of the Qualified Archaeologist and/or multiple qualified tribes request to provide monitoring by a Qualified Tribal Monitor and they are unable to reach agreement among themselves as to the provision of a single Qualified Tribal Monitor for the project site, the Applicant may retain a Qualified Archaeologist who satisfies the applicable “Monitor Requirements” below to monitor the ground disturbance activities.
Responsibility: Project Applicant, City (compliance monitoring) Timing: Prior to ground disturbance activities and construction Funding: Project Applicant
• If an object or artifact that may be a tribal cultural resource is found during ground disturbance activities on the project site, all activities within a 50 meter radius of the find shall cease until the monitor evaluates the find to determine if it is a potential tribal cultural resource . If the monitor determines the resource or object is clearly not a tribal cultural resource, the monitor shall document the find in the daily monitoring log required below. Ground disturbance activities may resume within the 50 meter radius area upon approval by the monitor.
Responsibility: Monitor, City (compliance monitoring)
Timing: Upon find of a potential tribal cultural resource Funding: Project Applicant
• If the monitor determines the find is a potential tribal cultural resource, the monitor shall immediately establish an appropriate sensitive area boundary around the find where ground disturbance activities may not take place until authorization from the monitor.
This boundary may be different than the 50 meter radius initially established. The Applicant shall contact the tribes that are traditionally and culturally affiliated with the geographic area where the project site is located (tribes) and provide the tribes a reasonable opportunity to inspect the find. In consultation with the tribes that actually 01222.0005/925547.1
inspected the find, the monitor shall verify the appropriateness of the sensitive area boundary and prepare a mitigation plan that contains recommendations concerning appropriate measures to be implemented to preserve and protect the tribal cultural resource and other tribal cultural resources that may be found at the project site consistent with recommended mitigation protocols set forth in PRC, sections 21083.2 and 21084.3, with preservation in place or leaving the resource in an undisturbed state being the preferred approach to mitigation, and for the monitoring of all future ground disturbance activities on the project site for additional tribal cultural resources, subject to the requirements set forth below, including the depth below surface grade when monitoring is required. This mitigation plan shall be submitted to the Community Development Director for approval. After the Community Development Director approves the mitigation plan, the Applicant shall comply with the recommendations in the mitigation plan and maintain written documentation of compliance available for City inspection at the project site, or at applicant’s place of business, for at least one year after issuance of the final Certificate of Occupancy. Any disagreements regarding the content or implementation of the mitigation plan shall be submitted to the Community Development Director for a final decision after consultation with the monitor, the tribes that actually inspected the original find and the Applicant. After the mitigation plan is approved ground disturbance activities may restart within the sensitive area boundary only with the monitor’s approval after consulting with the tribes that actually inspected the original find. In addition to payment of all fees and costs of the monitor, the Applicant shall pay any reasonable costs and fees assessed by the tribes that actually inspected the find to (1) inspect the find and (2) consult on the mitigation plan so long as the fees do not exceed the fees that would be charged by a Qualified Archaeologist.
Responsibility: Monitor, Applicant, City (compliance monitoring) Timing: Upon find of a potential tribal cultural resource Funding: Project Applicant
Monitor Requirements: Only a Qualified Archaeologist or a Qualified Tribal Monitor shall be permitted to monitor ground disturbance activities at the project site as part of the implementation of the mitigation plan. A Qualified Archaeologist or Qualified Tribal Monitor is not permitted to delegate the task of monitoring ground disturbance activities to persons that do not meet the requirements of a Qualified Archaeologist or Qualified Tribal Monitor. The Qualified Archaeologist or Qualified Tribal Monitor shall be contractually required to monitor ground disturbance activities at the project site at all times identified by the Applicant when ground disturbance activities are scheduled to take place. The Qualified Archaeologist or Qualified Tribal Monitor shall not be paid for time at the project site when ground disturbance activities were not scheduled to take place, unless the Applicant or its representative has requested the monitor’s presence at the project site. In addition, the Qualified Tribal Monitor shall demonstrate to the reasonable satisfaction of the Applicant the following prior to the scheduled date for the commencement of ground disturbance activities:
01222.0005/925547.1
i. The Qualified Tribal Monitor has the Tribe’s authority to make daily decisions on Native American beliefs, wishes or policy and that consultation with other tribal members with authority and/or experience shall be infrequent and will not delay project progress. ii. The Qualified Tribal Monitor has the tribe’s authority to consult with the Qualified Archaeologist on the archaeological investigations. iii. The Qualified Tribal Monitor shall report to the appropriate tribal members on project progress, activities, finds and problems by whatever methods are appropriate.
iv. The Qualified Tribal Monitor has the tribe’s authority to lodge a form complaint with the appropriate governmental agency, such as the City or the Native American Heritage Commission.
Monitor Authority: The monitor, consistent with the requirements of the mitigation plan agreed to by the Applicant, shall have the authority to temporarily pause ground disturbance activities within a 50 meter radius of a discovered potential tribal cultural resource for a duration long enough to examine the potential tribal cultural resource and determine if in fact it is a tribal cultural resource.
Monitor Responsibilities: The approved monitor of ground disturbance activities at the project site shall maintain daily monitoring logs which shall be submitted to the Applicant at the conclusion of the monitoring activities and shall be maintained by the Applicant for at least one (1) year after issuance of the last Certificate of Occupancy for the project site.
Substitution of Monitor: So as not to unnecessarily require ground disturbance activities to be halted or delayed, if a Qualified Archaeologist or Qualified Tribal Monitor is unable to monitor scheduled ground disturbance activities the Qualified Archaeologist or Qualified Tribal Monitor shall provide a substitute archaeologist or tribal monitor who (1) has demonstrated qualifications and experience in identifying tribal cultural resources; (2) meets the qualifications for a Qualified Archaeologist or Qualified Tribal Monitor; and, (3) is approved by the Applicant to monitor ground disturbance activities.
This substitute monitor shall monitor all ground disturbance activities until the Qualified Archaeologist or Qualified Tribal Monitor is able to resume his/her monitoring responsibilities.
Tribal Observance of Ground Disturbance Activities: The Applicant shall allow tribes that are traditionally and culturally affiliated with the geographic area where the project site is located to observe ground disturbance activities, as unpaid observers as follows. A minimum of seven (7) days prior to the scheduled beginning of any ground disturbance 01222.0005/925547.1
activities, the Applicant shall inform the tribe or tribes that is/are traditionally and culturally affiliated with the geographic area where the project site is located of the date for commencement of ground disturbance activities and be invited to, at its/their discretion, voluntarily observe any or all ground disturbing activities during construction. The Applicant shall provide the tribe(s) with 72 hours to accept or decline observation. The Applicant may require all tribal observers to comply with all job site safety requirements and sign a waiver of liability prior to entering the job site. Should the tribe(s) choose not to observe any or all of the ground disturbance activity, the City shall determine the Applicant has complied with this part of the standard condition.
CA LI FD RN J A
October 17, 2023
ATTN: Penny Pierce Hunt, Elder
Xolon Salinan Tribe
[email protected]
SENT VIA EMAIL
RE: City's Proposed Modified Cultural Resources Condition of Approval and Mitigation Measure Dear Elder Hunt,
The City is proposing to modify its standard condition of approval addressing inadvertent discovery of cultural resources during ground disturbance activities on a project site and its standard mitigation measure for monitoring of ground disturbance activities when there is substantial evidence that a project may impact tribal cultural resources. These modifications are in response to comments received from the Native American Tribes. Your input is important to the City.
Attached are copies of the standard condition of approval and mitigation measure for your review and comment. We would appreciate your comments on these by November 1, 2023. Thereafter, the City will schedule hearings on the standard condition and mitigation measure before both the Planning Commission and City Council for consideration and possible approval of these items.
Thank you for your courtesy and assistance. Do not hesitate to call me at (831) 386-5924 should you have any questions.
Sincerely,
& " 0----,./
Esmeralda Alvarez,
Planning Technician
Exhibits:
Exhibit 1: City's Standard Condition of Approval - Cultural Resources Exhibit 2: Standard Mitigation Measure RE Monitoring for Tribal Cultural Resources City Hall, 212 South Vanderhurst Ave. King City, CA 93930 Tel: (831) 385-3281 • Fax (831) 386-5968 • www.kingcity.com EXHIBIT 3
Item No. 11 (C)
REPORT TO THE CITY COUNCIL
DATE: NOVEMBER 28, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: DOREEN LIBERTO, AICP, COMMUNITY DEVELOPMENT DIRECTOR RE: DIRECTION REGARDING HISTORIC DOWNTOWN CORRIDOR PAINT
COLOR RESTRICTIONS
RECOMMENDATION:
It is recommended that the City Council provide direction regarding potential restrictions of building paint colors in the historic downtown corridor .
BACKGROUND:
At July 11, 2023 meeting, City Council Member Cullen asked staff to research whether there are City regulations regarding building colors in the downtown area. As a result, staff is reporting the results of staff’s research and requesting City Council direction.
DISCUSSION:
Staff has confirmed that there are currently no Municipal Code restrictions on building color in the downtown area. The Historic Corridor Revitalization Plan (“HCRP”) includes a combination of Guidelines and Regulations, which address preferred building styles/building characteristics. The HCRP states that it provides guidance regarding architectural form to reinforce the City’s historic character. The Downtown Historic Architectural Design Guidelines (included in the HCRP) attempt to reinforce the City’s historic character and cover building styles, materials, windows, doors, architectural detail, and signage. There is no specific mention of building color. Sign color is regulated for the area within the HCRP. The Sign Ordinances states: “Historic Corridor signs shall be of muted colors that coordinate with the colors of the building. Bright colors such as red, yellows and oranges shall be limited to ten percent or less of the total sign graphics.” If the City Council would like to establish restrictions, there are a couple options identified.
First, additional design/architectural design guidelines (“Guidelines”) and/or design/architectural regulations (“Regulations”) could be established for building facades
CITY COUNCIL
DIRECTION REGARDING HISTORIC DOWNTOWN CORRIDOR PAINT COLOR
RESTRICTIONS
NOVEMBER 28, 2023
PAGE 2 OF 3
in the historic downtown corridor. The Guidelines and Regulations establish policies and procedures for changes and improvements to property. Typically, Guidelines are recommended and Regulations are mandatory. Guidelines and Regulations often include aesthetic considerations, which may vary from one community to another, or vary from different areas or zoning designations of a community. Guidelines and Regulations are intended to supplement the General Plan and Zoning Ordinance. Some reasons for adopting Guidelines and Regulations include:
• Communicate to the development community, in advance of an application being filed, the design expectations.
• Facilitate the fair and consistent application of design objectives. • Protect investment throughout the City by encouraging consistently high-quality development.
• Facilitate safe, functional and attractive development. • Foster a sense of community and encourage pride of ownership.
Design standards can provide general recommendations (Guidelines) or mandatory requirements (Regulations). Standards can address the physical and built form of buildings, public spaces, streets, or landscaping. The City could adopt Guidelines or Regulations citywide, area/neighborhood specific, for specific zoning districts or for building type (e.g., residential structure).
The second option would be to require a design review process for any changes to building facades in the historic downtown corridor. These could be done independently or in addition to Guidelines and/or Regulations. It is sometimes difficult to establish effective Guidelines and Regulations for something like building colors because a specific color may look unattractive in one circumstance but look good in another if designed well.
Therefore, one advantage of relying solely on design review is that the review will be based on the overall quality design in its entirety rather than individual features. The disadvantage is that it can be subjective and could become overly restrictive depending on the individuals involved.
One of the disadvantages of either option is that more regulations and process required for simple façade improvements could hinder the efforts to encourage property owners to improve their businesses in the downtown area. Therefore, if the Council directs staff to develop changes, staff recommends that a high priority on limiting it to a simple and streamlined process.