Agenda — King City City Council, January 9, 2024

AGENDA

REGULAR MEETING OF THE

CITY OF KING CITY COUNCIL
AND
Sitting as SUCCESSOR AGENCY OF

THE RDA FOR THE CITY OF KING
AND
Sitting as PUBLIC FINANCING AUTHORITY

FOR THE CITY OF KING
TUESDAY JANUARY 9, 2024
6:00 P.M.

CITY HALL
212 S. VANDERHURST AVENUE
KING CITY, CALIFORNIA 93930
The City Council meeting will be conducted in hybrid in-person/virtual format.

To join the meeting virtually, please use the link below to join the Zoom meeting:
https://bit.ly/3e0zvaR
Meeting ID: 881 5287 9536
Or by telephone: 1-669-900-9128
Passcode: 052933
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, Please contact the City Clerk's Office (831-386-5925) at least 48 hours prior to the Meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting. * Please submit all correspondence for City Council PRIOR to the meeting with a copy to the City Clerk.

1. CALL TO ORDER

2. ROLL CALL: Council Members Oscar Avalos, Carlos DeLeon, Robert Cullen, Mayor Pro Tem Carlos Victoria, and Mayor Mike LeBarre

3. FLAG SALUTE

4. CLOSED SESSION ANNOUNCEMENTS

5. SPECIAL PRESENTATIONS

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 December 12, 2023, Council Meeting Recommendation: approve and file.

B. Consideration: City of King Check Register December 1, through December 31, 2023
Recommendation: receive and file.

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

D. Consideration: 2024 Fireworks Permit Process
Recommendation: adopt a Resolution setting forth the number of permits to sell fireworks and the method of selection of permit holders.

E. Consideration: Adjustments To FY 2023-24 Job Classification Plan and Job Descriptions
Recommendation: adopt a Resolution amending the FY 2023-24 Job Classification Plan to implement recommended pay increases for selected positions to address compliance with new minimum wage requirements, creation of a new classification of Recreation and Event Coordinator, and an adjustment to the City Clerk salary; 2) approve the job description for the Recreation and Event Coordinator position and an amended job description for the City Clerk position; 3) approve elimination of the Community Engagement Coordinator and part-time Recreation Supervisor positions; 4) approve a third side letter of agreement with the King City Confidential Employees Association (KCEA); and 5) approve a fourth side letter of agreement with the Service Employees International Union Local 521 (SEIU).

F. Consideration: Consideration of Selection of Wind Sculpture for Broadway Street/San Antonio Drive Roundabout Project
Recommendation: 1) approve and authorize the City Manager to execute a contract with Eric Peltzer for design and construction of a wind sculpture in the Broadway Street/San Antonio Drive roundabout project; 2) authorize the City Manager to make non-substantive changes to the Agreement as necessary in a form approved by the City Attorney; and 3) authorize staff to make minor changes to the sculpture design as appropriate for the change in location.

G. Consideration: Amendment to Contract Services Agreement with First Tee Monterey County for Operation and Management of the King City Golf Course Recommendation: 1) approve and authorize the City Manager to execute a First Amendment to the Contract Services Agreement with First Tee Monterey County for operation and management of the King City Golf Course to address loss of revenues due to the 2023 winter floods; 2) appropriate an additional $117,500 for the King City Golf Course.

H. Consideration: Amendment to the Master Fee Schedule to Establish a Fee for Short-Term Rental Permits
Recommendation: adopt a Resolution amending the Master Fee Schedule to add a fee for an Administrative Use Permit for short-term rental of residential properties.

I. Consideration: Extension of Interim Temporary Homeless Shelter Program Recommendation: 1) approve and authorize the City Manager to extend the lease agreement for 18 rooms in the Monarch Inn through July 10, 2024; 2) approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with the County of Monterey, Coalition of Homeless Services Providers and Step Up for funding for the cost of the program; 3) authorize the City Manager to execute agreements with Magic Cleaning Services and Benitez Security Services, Inc. for cleaning and security; and 4) appropriate $483,524 in additional funding from the sources set forth in the MOU.

J. Consideration: Authorizing Resolution for Homekey Project Recommendation: adopt a Resolution authorizing the City Manager to execute all documents and agreements related to the Homekey project and addressing other requirements set forth by the California Department of Housing and Community Development related to the Homekey project.

10. PUBLIC HEARINGS
A. Consideration: An Ordinance Establishing Chapter 8.41, of Title 8, Special Assessment for Unpaid Billing for Refuse and Recycling Services Recommendation: 1) introduce an Ordinance establishing Chapter 8.41, of Title 8, of the King City Municipal Code pertaining to a special assessment for refuse and recycling service delinquent accounts to be read by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance; and 2) approve appropriation of $6,000 from the unappropriated General Fund reserve for public outreach expenses.

B. Consideration: An Ordinance Prohibiting Parking in Public Alleys Recommendation: introduce an Ordinance amending Municipal Code Chapter 10.22 to prohibit parking in alleys on public right-of-way to be read by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.

C. Consideration: An Ordinance Pertaining to Hotel, Motel and Motor Lodge Regulations
Recommendation: introduce an Ordinance amending Municipal Code Chapter 7.65 of Title 7 pertaining to hotel, motel and motor lodge occupancy regulations to be read by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.

11. REGULAR BUSINESS
A. Consideration: A Youth in Government Program
Recommendation: 1) approve the proposed Youth in Government Program with Chalone Peaks Middle School; and 2) appropriate $7,500 from the unappropriated General Fund reserve.

B. Consideration: King City Community Power Customer Rebate Gift Card Program
Recommendation: approve and authorize the City Manager and Pilot Energy (“Pilot”) to implement recommendations for distribution of rate reduction reimbursements through gift cards to King City Community Power (“KCCP”) residential customers.

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

A. Conference with Legal Counsel – Regarding Commencing Litigation Pursuant to Government Code Section 54956.9. Cases: 1

13. ADJOURNMENT
The City of King is an equal opportunity provider and employer.

Monthly Schedule, November 2023 HAPPY THANKSGIVING!
Mike LeBarre, Mayor, King City California
MONTHLY MEETINGS:
11-1 Transportation Agency of Monterey County (TAMC),
Executive Committee, Salinas
11-3 Monterey County Water Resource Agency (MCWRA),
Personal and Administration Committee, Salinas
11-3 Monterey County Water Resource Agency (MCWRA),
Finance Committee, Salinas
11-3 Monterey County Mayors Association (MCMA), Marina
11-6 Transportation Agency of Monterey County (TAMC), Rail Policy Committee, Chair, Salinas
11-13 Monterey-Salinas Transit BOPC Committee (MST), Zoom 11-13 Monterey-Salinas Transit (MST) Board of Directors, Zoom 11-14 King City Council, Council Chambers
11-20 Monterey County Water Resource Agency (MCWRA),
Board of Directors, Salinas
11-20 Transportation Agency of Monterey County (TAMC), PreMeeting Briefing-Board of Directors, Zoom 11-22 Transportation Agency of Monterey County (TAMC),
Board of Directors, Chair, Salinas
11-27 Salinas Valley Mayors and Managers (SVMM), King City 11-28 King City Council, Council Chambers
LOCAL-STATE-FEDERAL BRIEFINGS:
11-2 HUD Briefing, Zoom
11-9 Whitehouse Briefing, Zoom
11-16 HUD Briefing, Zoom

ADDITIONAL MEETINGS/EVENTS
11-22 104.3 SMG Radio Interview w/John Michael, Phone
7(A)
Monthly Schedule, December 2023 MERRY CHRISTMAS!
Mike LeBarre, Mayor, King City California
MONTHLY MEETINGS:
12-1 Monterey County Water Resource Agency (MCWRA),
Personal and Administration Committee, Salinas
12-1 Monterey County Water Resource Agency (MCWRA),
Finance Committee, Salinas
12-1 Monterey County Mayors Association (MCMA), Monterey 12-4 Transportation Agency of Monterey County (TAMC), Rail Policy Committee, Chair, Cancelled
12-5 Transportation Agency of Monterey County (TAMC), PreMeeting Briefing-Board of Directors, Zoom 12-6 Transportation Agency of Monterey County (TAMC), Board of Directors, Chair, Salinas
12-8 Monterey County Water Resource Agency (MCWRA),
Board of Directors/Board of Supervisors Joint General Manager Review, Salinas
12-11 Monterey-Salinas Transit (MST) Board of Directors, Monterey
12-12 King City Council, Council Chambers
12-13 Special Leadership Council/Continuum of Care, Zoom 12-18 Monterey County Water Resource Agency (MCWRA),
Board of Directors, Salinas
12-20 Monterey Bay Air Resource District (MBARD) Budget and Personnel Committee, Monterey
12-20 Monterey Bay Air Resource District (MBARD) Board of Directors, Monterey
12-12 King City Council, Cancelled
LOCAL-STATE-FEDERAL BRIEFINGS:
12-7 HUD Briefing, Zoom
12-14 Whitehouse Briefing, Zoom
12-21 HUD Briefing, Zoom

ADDITIONAL MEETINGS/EVENTS
12-5 CalSTA Secretary/Rail Project, Zoom
12-5 Homekey Project Update, Zoom
12-6 South County ITN Steering Committee, Zoom
12-7 KCRW Interview, Phone
12-7 City Christmas Party, City Hall
12-8 TAMC/Panetta Ribbon Cutting Spence Road, Salinas
12-8 Homekey Project Update, Zoom
12-12 KCUSD Bond Oversight Committee, King City
12-12 Wreaths Across America Ceremony, King City
12-20 104.3 SMG Radio Interview w/John Michael, Phone
7(A)

Page 1 of 3 ends

City Council Meeting
December 12, 2023

1.__CALL TO ORDER:

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

2.__ROLL CALL:

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

City Staff: City Manager Steve Adams; City Attorney Roy Santo (teleconference); City Clerk, Erica Sonne.

3.__FLAG SALUTE:

The flag salute was led by Mayor LeBarre.

4. CLOSED SESSION ANNOUNCEMENTS:

None

5.__SPECIAL PRESENTATIONS:

A. Aubrie Mackenzie, New Police Records Technician, was sworn in by Chief Hunt.

6. PUBLIC COMMUNICATIONS:

None

7. COUNCIL COMMUNICATIONS:

Council Member Cullen apologized for missing the City Holiday party. He announced that he would be attending the Salinas Valley Solid Waste Authority board retreat. Wishing everyone Merry Christmas and Happy New Year.

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

Council Member Avalos stated he had nothing to report tonight.

Council Member DeLeon stated he had nothing to report tonight.

Mayor LeBarre stated that last week was his last TAMC meeting as chair. TAMC approved some SB125 funds that is onetime monies for eligible funds for transportation projects and King City named as one of the projects.

8. CITY STAFF REPORTS AND COMMENTS:

City Manager Adams stated that we are scheduled to launch our new website at 8:30a.m. tomorrow. Just wanted to remind that City Hall will be closed December 25 – January 2nd. Mayor was largely responsible for money for the rail and he asked the Mayor to comment.

City Attorney Roy Santos stated he had nothing to report tonight. 9(A)

Page 2 of 3 ends

Chief of Police Hunt stated that investigators did a great job, and someone was arrested for a shooting on November 26th.

9. CONSENT
A. Consideration: Meeting Minutes of November 28, 2023, Council Meeting B. Consideration: City of King Check Register November 16, through November 30, 2023 C. Consideration: Climate Investments Wildfire Prevention Grant Application D. Consideration: Termination of Contract Services Agreement with Earth Design International E. Consideration: Application of Anthem Employee Medical Insurance Plan F. Consideration: Side Letters of Agreement with the King City Police Sergeants’ Association and Police Officers’ Association
Action: Motion to approve consent agenda items A – F by Cullen seconded by Victoria.

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

ABSENT: Council Members:

ABSTAIN: Council Members:

10. PUBLIC HEARINGS:

A. Consideration of 6th Cycle Interim Housing Element
Community Development Director Doreen Liberto introduced this item.

Principal Planner Scott Bruce further introduced this item.

City Attorney Roy Santos explained that after some discussion the language mentioning the repeal portion of the cycle 5 housing element was removed from the resolution.

Comments from Planning Commissioner Storelli were discussed, and the MST comments will be incorporated into the draft document as recommended by the Planning Commission.

Program 9 was explained by Principal Planner Scott. Currently there is not funding available for this program. City Manager Adams stated he was concerned about additional work for staff that goes on for years. Possibly the Housing Authority could be addressed to see if they could manage it.

Mayor LeBarre opened the Public Hearing and read the title of the resolution into the record. Hearing and seeing no one come forward Mayor LeBarre closed the public hearing.

Action: Motion to adopt a Resolution amending the City of King General Plan and approving the Interim 6 th Cycle Housing Element with the edit to the Resolution that was mentioned by Cullen seconded by Avalos.

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

ABSENT: Council Members:

ABSTAIN: Council Members:

Page 3 of 3 ends

11. REGULAR BUSINESS
A. Consideration: Extension of the Interim Temporary Homeless Shelter Program City Manager Steve Adams introduced this item.

Action: Motion to approve 1) approve extension of the Interim Temporary Homeless Shelter Program and related expenditures; 2) approve a lease agreement for 18 rooms in the Monarch Inn through January 10, 2024; 3) authorize the City Manager to execute agreements with Magic Cleaning Services and Benitez Security Services, Inc. for cleaning and security; 4) appropriate $133,000 from HHAP (Homeless Housing, Assistance and Prevention) and PLHA (Permanent Local Housing Allocation Program) grant funding for the program; 5) adopt a Resolution allocating $60,300 in HHAP for the program; and 6) authorize staff to provide and execute other documents and agreements necessary to secure these grant funding sources by Victoria seconded by DeLeon.

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

ABSENT: Council Members:

ABSTAIN: Council Members:

12. CITY COUNCIL CLOSED SESSION
A. Conference with Legal Counsel – Liability Claims (Pursuant to Government Code Section 54956.95) Consideration of Claim No. 2023-011 Margarita Valdez Garcia, 2023- 012 Guillermo Jose Garcia, 2023-013 Jason Valdez Garcia, 2023-014 Clarissa Garcia relating to the alleged wrongful death of Jose Garcia Paniagua.

B. Conference with Legal Counsel – Regarding Commencing Litigation Pursuant to Government Code Section 54956.9.

Cases: 2
ADJOURNMENT:

Mayor LeBarre adjourned the meeting at 6:45p.m. to closed session and the meeting was adjourned at 7:32p.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: JANUARY 9, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER
DECEMBER 1 THROUGH DECEMBER 31, 2023
RECOMMENDATION:

It is recommended City Council receive and file.

BACKGROUND:

At least once a month, the City Treasurer shall submit to the City Council, a copy of the invoices paid for the previous month.

DISCUSSION:

The purpose of this item is to provide the Council an opportunity to review and monitor ongoing expenditures. These documents are attached.

COST ANALYSIS:

There is no fiscal impact as a result of this action.

ENVIRONMENTAL REVIEW:

No Environmental Review required for this item.

ALTERNATIVES:

The following alternatives are provided for Council consideration:

1. Receive and file the report; or

2. Provide other direction to staff regarding requests for additional information.

Item No. 9(C)

REPORT TO THE CITY COUNCIL
DATE: JANUARY 9, 2024
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 NOVEMBER 2023
RECOMMENDATION:

It is recommended City Council receive and file.

BACKGROUND:

At least once a month, the City Treasurer shall submit to the City Council, a copy of the invoices paid for the previous month.

DISCUSSION:

The purpose of this item is to provide the Council an opportunity to review and monitor ongoing expenditures. These documents are attached.

COST ANALYSIS:

There is no fiscal impact as a result of this action.

ENVIRONMENTAL REVIEW:

No Environmental Review required for this item.

ALTERNATIVES:

The following alternatives are provided for Council consideration:

1. Receive and file the report; or

2. Provide other direction to staff regarding requests for additional information.

Item No. 9 (D)

REPORT TO THE CITY COUNCIL
DATE: JANUARY 9, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF 2024 FIREWORKS PERMIT PROCESS
RECOMMENDATION:

It is recommended the City Council adopt a Resolution setting forth the number of permits to sell fireworks and the method of selection of permit holders.

BACKGROUND:

In 2011, the City Council adopted Ordinance Number 691 establishing Chapter

7.34 of the King City Municipal Code governing the limited allowance of the sale and use of safe and sane fireworks in the City limits. Section 7.34.030(c) calls for the City Council, in the calendar month of January, to set by Resolution or by minute order the number of permits to be issued for the sale of safe and sane fireworks, the form of application for such permit and for the method of selection.

DISCUSSION:

Periodic adjustments have been made to the fireworks booth permit process to address concerns identified by non-profit groups that have participated. No changes have been made for several years, and staff believe the process has worked well since that time with no complaints. Therefore, no changes are recommended this year. The Resolution sets forth that a maximum of three fireworks booth permits will be issued with no permits allotted to pre-designated groups. If more than three applications are received, a lottery will be conducted at the March 26, 2024 Council Meeting. Due to a lower number of applications, no lottery has been necessary the past few years.

This action deals only with safe and sane fireworks. The City has received a number of ongoing complaints regarding the amount of illegal fireworks that are discharged during the July 4th holiday period. As a result, enforcement has

RESOLUTION NO. 2024-4977

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING

SETTING FORTH THE NUMBER OF PERMITS TO SELL FIREWORKS

AND THE METHOD OF SELECTION OF PERMIT HOLDERS
WHEREAS, in 2011 the City Council adopted Ordinance Number 691 establishing Chapter 7.34 of the King City Municipal Code governing the limited allowance of the sale and use of safe and sane fireworks in the City limits; and
WHEREAS, Section 7.34.030(c) calls for the City Council, in the calendar month of January, to set, by Resolution or by minute order, the number of permits to be issued for the sale of safe and sane fireworks, the form of application for such permit and for the method of selection, and
WHEREAS, Section 7.34.040 (a) allows the City Council to set a fee for applying for such permit; and
WHEREAS, Section 7.34.100 allows the City Council to establish a regulatory fee for those entities that do receive a permit to reimburse the City for costs associated with administering and enforcing the permit process and activities allowed under the permits.

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

1. The number of fireworks sale permit holders for the calendar year shall be set at three to be awarded to non-profit community organizations.

2. The permit recipients shall be selected by lottery conducted by the City Manager or designee at a public time and place, which shall be notified to all applicants.

3. Permit fees shall be established at $35 for application, $375 for a fireworks sale permit, and $150 if an inspection is requested after business hours.

4. The application is approved as attached and included herein as Exhibit A, which shall be available to the public on February 1, 2024 and due to City Hall by 5:00 p.m., March 7, 2024.

This resolution was passed and adopted this 9
th day of January, 2024 by the following vote:

AYES, Council Members:

NAYS, Council Members:

ABSENT, Council Members:

ABSTAIN, Council Members:

APPROVED:
_______________________________
Mike LeBarre, Mayor
ATTEST:
___________________________________
Erica Sonne, City Clerk
APPROVED AS TO FORM:
____________________________________
Roy Santos, City Attorney
Exhibit A

Item No. 9 (E)

REPORT TO THE CITY COUNCIL
DATE: JANUARY 9, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF ADJUSTMENTS TO FY 2023-24 JOB

CLASSIFICATION PLAN AND JOB DESCRIPTIONS
RECOMMENDATION:

It is recommended the City Council: adopt a Resolution amending the FY 2023- 24 Job Classification Plan to implement recommended pay increases for selected positions to address compliance with new minimum wage requirements, creation of a new classification of Recreation and Event Coordinator, and an adjustment to the City Clerk salary; 2) approve the job description for the Recreation and Event Coordinator position and an amended job description for the City Clerk position; 3) approve elimination of the Community Engagement Coordinator and part-time Recreation Supervisor positions; 4) approve a third side letter agreement with the King City Confidential Employees Association (KCEA); and 5) approve a fourth side letter of agreement with the Service Employees International Union Local 521 (SEIU).

BACKGROUND:

Three issues and needs have been identified that result in staff recommendations to adjust pay rates, staffing and assignment of responsibilities at this time. As a result, staff is presenting a number of recommendations that involve changes to the Job Classification Plan, job descriptions, and labor agreements.

First, the California minimum wage has increased again effective January 1, 2024. The new minimum wage is $16 per hour. This affects a few of the City’s hourly part-time positions. Therefore, adjustments to part-time pay rates are necessary prior to the end of the first pay period of 2024 in order to be in compliance.

CITY COUNCIL
CONSIDERATION OF ADJUSTMENTS TO FY 2023-24 JOB

CLASSIFICATION PLAN AND JOB DESCRIPTIONS
JANUARY 9, 2024
PAGE 2 OF 4
Second, the approved FY 2023-24 Budget included funding for the new positions of full-time Community Engagement Coordinator and part-time Recreation Supervisor. Since that time, new ongoing expenditures have been identified that will result in a negative balance in the FY 2024-25 Budget. This consists primarily of an increase in the City’s CalPERS pension costs above what was budgeted. As a result, staff are recommending changes to the new staffing in order to maintain a balanced budget.

Third, City Hall customer service staff currently are all assigned to provide technical assistance to individual departments. With limited resources, staffing was structured this way in order to meet department needs while also providing necessary backup capabilities to ensure effective customer service coverage at all times. The only negative aspect of this structure is that they each have different supervisors, so it does not always provide for the best level of coordination. Staff meet weekly with all supervisors to coordinate activities.

However, increased workload has resulted in periodic conflicts of staff schedules and the ability to assist each other when more than one employee has a pressing deadline to meet. As a result, a new office manager function is being proposed to address this need.

DISCUSSION:

To address the minimum wage requirements, it is recommended to increase pay rates to $16 per hour for any positions currently below that level. In the Recreation Department, some positions are part of a series, such as Lifeguard, Assistant Pool Manager and Pool Manager. For these positions, other pay rates have been adjusted to maintain the same percentage differential between positions in the series.

In order to maintain a FY 2024-25 balanced budget, it is recommended to eliminate the Community Engagement Coordinator and part-time Recreation Supervisor positions, which were both new positions included in this budget and not yet filled. It is recommended to instead establish a new full-time Recreation and Event Coordinator. This position would perform the responsibilities of the Recreation Supervisor, which primarily include organizing sports and other recreation programs. In addition, it would help coordinate major events, such as National Night Out, the proposed annual Cyclovia event, and Police Department block parties.

This would address one of the primary functions of the Community Engagement Coordinator. However, other functions will need to be reduced, eliminated or assigned to other staff. Coordination of events is often assigned to Recreation Departments since they are responsible for public activities and programs.

CITY COUNCIL
CONSIDERATION OF ADJUSTMENTS TO FY 2023-24 JOB

CLASSIFICATION PLAN AND JOB DESCRIPTIONS
JANUARY 9, 2024
PAGE 3 OF 4
Therefore, staff believes this will be an appropriate organization structure for the new position and function.

The office manager responsibilities are proposed to be assigned to the City Clerk position. This will provide one person for staff to contact when customer service staff need to adjust schedules involving lunch, breaks, and appointments. She will also help coordinate staff assignments and prioritize tasks when they have competing priorities for their time and need to assist each other. A modification to salary for the position is recommended in recognition of the increased responsibilities.

COST ANALYSIS:

The changes will result in a projected net savings of approximately $50,000.

ENVIRONMENTAL REVIEW:

Personnel changes are not a “project” for the purposes of the California Environmental Quality Act (CEQA) as they do not have the potential for resulting in either a direct physical change to the environment or a reasonably foreseeable indirect physical change in the environment. No further action is required under CEQA for City Council action.

ALTERNATIVES:

The following alternatives have been identified for City Council consideration:

1. Approve staff’s recommendations;

2. Direct staff to make modifications to the pay rates and/or job responsibilities and then approve;

3. Approve only the required change of increasing pay rates for those positions currently under $16 per hour; or

4. Provide staff other direction.

Exhibits:

1. Resolution and Job Classification Plan

2. Recreation and Event Coordinator Job Description

3. City Clerk Job Description

4. Third Side Letter of Agreement with KCCEA

5. Fourth Side Letter of Agreement with SEIU

RESOLUTION NO. 2024-4978

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING
AMENDING THE CLASSIFICATION PLAN FOR FY 2023-24
WHEREAS, the City of King maintains job descriptions for each position and a Classification Plan that sets forth all existing job classifications and salary steps; and WHEREAS, adoption of an annual Classification Plan is required by CalPERS; and WHEREAS, the City Council desires to make changes to comply with State of California minimum wage requirements, to modify the responsibilities and salary of the City Clerk position, and to create a new position of Recreation and Event Coordinator.

NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of King approves amendments to the FY 2023-24 Classification Plan as set forth in Exhibit A.

This resolution was passed and adopted this 9
th day of January, 2024 by the following vote:

AYES, Council Members:

NAYS, Council Members:

ABSENT, Council Members:

ABSTAIN, Council Members:

APPROVED:
___
Mike LeBarre, Mayor
ATTEST:

Erica Sonne, City Clerk
APPROVED AS TO FORM:

Roy Santos, City Attorney
Exhibit 1
Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Item No. 9 (F)

REPORT TO THE CITY COUNCIL
DATE: JANUARY 9, 2024
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF SELECTION OF WIND SCULPTURE FOR

BROADWAY STREET/SAN ANTONIO DRIVE ROUNDABOUT

PROJECT
RECOMMENDATION:

It is recommended the City Council: 1) approve and authorize the City Manager to execute a contract with Eric Peltzer for design and construction of a wind sculpture in the Broadway Street/San Antonio Drive roundabout project; 2) authorize the City Manager to make non-substantive changes to the Agreement as necessary in a form approved by the City Attorney; and 3) authorize staff to make minor changes to the sculpture design as appropriate for the change in location.

BACKGROUND:

In 2017, the City Council approved the City’s Wind Sculptures in Public Places Plan. The concept was first proposed in the City’s Downtown Streetscape Plan.

The purpose was to create a theme for the City’s public art program to increase interest in art features and attract visitors. It was believed the concept of wind sculptures (kinetic art) could be effective because this style of sculpture adds movement to the art. As a result, the plan proposed encouraging, facilitating and funding art pieces on private and public property featuring wind sculptures at strategic locations throughout the City over time.

Since that time, wind sculptures were included in the design for the Downtown Streetscape Project medians, the Downtown Plaza, and the Step Up homekey permanent supportive housing project at the former Days Inn site. Grant funding has been secured for each of the projects. Staff solicited proposals for consultants to provide technical assistance with the selection process. At the

CITY COUNCIL

CONSIDERATION OF SELECTION OF BROADWAY STREET WIND

SCULPTURES
JANUARY 9, 2024
PAGE 2 OF 5
September 27, 2022 meeting, the City Council approved a contract with the recommended consultant and the selection process.

The process involved issuing a Request for Qualifications (RFQ) to qualified artists. Two finalists for each project were then asked to respond to a Request for Proposals (RFP). The selection of finalists and recommendations for the final award of contracts were developed by an Art Selection Committee. The Committee included representatives from the following:
• Monterey County Arts Council
• Sol Treasures
• King City in Bloom
• City Manager
• Recreation Coordinator
At the March 28, 2023 meeting, the City Council approved contracts for the wind sculptures at the Downtown Plaza and Streetscape projects. City Council also approved selection of the sculpture for the Step Up homekey permanent supportive housing project, which resulted in a contract between the artist Eric Peltzer and Shangri-La Industries, the homekey project developer.

Since that time, the City also received approval of a grant to construct the roundabout proposed at Broadway Street and San Antonio Drive. A wind sculpture has been included in the design. Therefore, a proposal needs to be developed to select the wind sculpture for the project.

DISCUSSION:

Due to problems with the homekey project, Shangri-La has not paid the artist for work and costs incurred thus far. Significant additional delays in the homekey project are projected and a timeline for the artist to receive payment is unknown.

The Art Selection Committee’s evaluation of wind sculpture proposal for the Step Up project was very high. A meeting of the Art Selection Committee was recently held in order to discuss potential solutions to this issue. It was decided to recommend the homekey project wind sculpture be moved to the roundabout.

This will enable the artist to proceed to be paid and complete the project. Since the design is well liked by the selection committee, it will be beneficial because the roundabout will provide a much more visible location. It is a large project, so it should be appropriate for the new site. In addition, the artist has created similar designs for a roundabout in another city, so he has the experience needed to make the adjustment.

CITY COUNCIL

CONSIDERATION OF SELECTION OF BROADWAY STREET WIND

SCULPTURES
JANUARY 9, 2024
PAGE 3 OF 5
Staff reviewed the proposed concept with the artist and he accepted. Below is information on the proposed piece:

Artist: Eric Peltzer
Title: Pacific Flyway
Materials: Stainless Steel
Height: 19 feet
Theme: The piece portrays birds in flight. It serves symbolically to turn the viewers gaze upwards, as in human aspirations, imagining and reaching for higher things, both in water and in flight.

Features: The top portion of the piece will spin, creating a vision of spiraling toward the sky. The artist added the bronze feature at the request of the Art Selection Committee.

CITY COUNCIL

CONSIDERATION OF SELECTION OF BROADWAY STREET WIND

SCULPTURES
JANUARY 9, 2024
PAGE 4 OF 5
Staff is reviewing the dimensions of the sculpture with the roundabout design consultants to determine if any minor changes are appropriate given the change in location. Therefore, staff is requesting authority to approve minor design changes as appropriate.

COST ANALYSIS:

The cost of the sculpture is $115,000, which will be paid from the RSTP grant.

ENVIRONMENTAL REVIEW:

The sculpture is part of the roundabout project. A negative declaration for the roundabout project was approved in May 2021 and a notice of determination was filed.

ALTERNATIVES:

The following alternatives are presented for Council consideration:

1. Approve staff’s recommendations;

2. Direct staff to request the Art Selection Committee to consider alternative pieces or to solicit additional proposals;

3. Approve staff’s recommendations, but direct staff to request the artist to make minor changes to the designs; or

4. Provide other direction to staff.

Exhibit 1

Item No. 9 (G)

REPORT TO THE CITY COUNCIL
DATE: JANUARY 9, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF AMENDMENT TO CONTRACT SERVICES

AGREEMENT WITH FIRST TEE MONTEREY COUNTY FOR

OPERATION AND MANAGEMENT OF THE KING CITY GOLF
COURSE
RECOMMENDATION:

It is recommended the City Council: 1) approve and authorize the City Manager to execute a First Amendment to the Contract Services Agreement with First Tee Monterey County for operation and management of the King City Golf Course to address loss of revenues due to the 2023 winter floods; 2) appropriate an additional $117,500 for the King City Golf Course.

BACKGROUND:

At the October 11, 2022 meeting, the City Council approved an agreement with First Tee Monterey County to operate the King City Golf Course beginning November 1, 2022. The Council then approved an amended agreement at the November 8, 2022 meeting to address issues with the landscape maintenance contract.

The 2023 winter floods caused substantial damage to the Golf Course, which has had a significant impact on the operations and revenues. Staff is recommending the agreement be amended to increase the payments to First Tee to address a portion of the financial impact. A copy of the proposed amendment is attached.

DISCUSSION:

The agreement with First Tee has established a strong partnership with the City to both improve the Golf Course operation and expand youth services to the community. Staff believe it has been very positive. First Tee has made a

CITY COUNCIL

CONSIDERATION OF AMENDMENT TO CONTRACT SERVICES

AGREEMENT WITH FIRST TEE MONTEREY COUNTY FOR OPERATION

AND MANAGEMENT OF THE KING CITY GOLF COURSE
JANUARY 9, 2024
PAGE 2 OF 3
number of improvements to the Clubhouse and facility, has been helpful to work with on planning for the renovation of the Golf Course, has significantly expanded youth programming despite the limited availability of the Golf Course, and is planning other substantial improvements in the future.

Since only a few holes have been operational on the Golf Course since the floods, there has been a significant impact on the operator’s projected revenues.

They are a non-profit agency, so financial losses are primarily paid for through their charitable contributions received. Therefore, staff believe that it is appropriate to treat this situation differently than a contractual arrangement with a for-profit private company.

The Golf Course is known to flood periodically, which typically renders a few of the holes inoperable for 3 to 4 months while they dry out. Since that should be anticipated, it is the position of staff that the operator would be responsible for any costs associated with normal flooding. However, the damage from this storm was much more severe. Therefore, as partners in this effort, staff believe it would be fair to share in the cost impact.

Under the terms of the agreement, the City’s subsidy to the operation is due to decrease in January 2024 and be eliminated in 2025. As a result, the financial loss will increase further in 2024 because the necessary improvements are not projected to occur until spring or summer 2024 while staff works with the Federal Emergency Management Agency (FEMA) to apply for a disaster reimbursement.

The following changes are recommended to be added to the agreement:
• The City will provide a one-time payment equal to one-half of the financial loss due to the 2023 storms.
• The City will maintain the current monthly subsidy in 2024 until the full Golf Course reopens.

Staff met with representatives from First Tee, who agreed to the changes and felt the proposal would be a fair and welcome resolution.

COST ANALYSIS:

Attached is a financial report provided by First Tee Monterey County. It shows that the financial loss for 2023 is approximately $240,000. A portion of that represents overhead costs that are not part of the formula for determining profit and loss as set forth in the agreement. If those costs are deleted, the true loss is

Exhibit 1

Exhibit 2

Item No. 9 (H)

REPORT TO THE CITY COUNCIL
DATE: JANUARY 9, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF AMENDMENT TO THE MASTER FEE

SCHEDULE TO ESTABLISH A FEE FOR SHORT-TERM RENTAL

PERMITS
RECOMMENDATION:

It is recommended the City Council adopt a Resolution amending the Master Fee Schedule to add a fee for an Administrative Use Permit for short-term rental of residential properties.

BACKGROUND:

At the November 28, 2023 meeting, the City Council adopted an ordinance to allow and create regulations for short-term rental of residential properties. Under the provisions of the ordinance, short-term rentals require an Administrative Use Permit and a Business License. In order to implement the permit process, a fee needs to be established, which is recommended at this time.

DISCUSSION:

Staff utilize a two-step process when determining fee amounts. Under State law, user fees cannot exceed the City’s cost of administering the fee item. Therefore, the first step is to determine the cost of processing the permit. Staff projects the following staff time and staff costs will be required on average to process an Administrative Use Permit for short-term rentals:

Position Hours Per Hour Cost Total Cost
Community Development Director .75 $115.36 $86.52
Building Official 1.0 $130.00 $130.00
Planning Technician 2.5 $31.44 $78.60
Overhead Costs 5% $14.76
Total $309.88

RESOLUTION NO. 2023-4979

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING

APPROVING AN UPDATED MASTER FEE SCHEDULE
WHEREAS, the City of King maintains a Master Fee Schedule of all user fees; and WHEREAS, the purpose of user fees is for users of services to pay the cost of providing that service; and
WHEREAS, on November 28, 2023, the City Council adopted an ordinance which created a requirement for an Administrative Use Permit in order to utilize residential properties for short-term rental use: and
WHEREAS, the City Council desires to establish a fee in order to recover the City’s costs for issuing said permits; and
WHEREAS, the City has established the fee based on an analysis of actual staff costs to process an average permit.

NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of King hereby approves the Master Fee Schedule attached and included herein as Exhibit A to establish the fee for a Short-Term Rental Administrative Use Permit effective January 15, 2024; This resolution was passed and adopted this 9
th day of January, 2024 by the following vote:

AYES, Council Members:

NAYS, Council Members:

ABSENT, Council Members:

ABSTAIN, Council Members:

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

Item No. 9 (I)

REPORT TO THE CITY COUNCIL
DATE: JANUARY 9, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF EXTENSION OF THE INTERIM

TEMPORARY HOMELESS SHELTER PROGRAM
RECOMMENDATION:

It is recommended the City Council: 1) approve and authorize the City Manager to extend the lease agreement for 18 rooms in the Monarch Inn through July 10, 2024; 2) approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with the County of Monterey, Coalition of Homeless Services Providers and Step Up for funding for the cost of the program; 3) authorize the City Manager to execute agreements with Magic Cleaning Services and Benitez Security Services, Inc. for cleaning and security; and 4) appropriate $483,524 in additional funding from the sources set forth in the MOU.

BACKGROUND:

The City has experienced an ongoing significant level of homelessness. A substantial number of homeless individuals formerly resided in encampments in the Salinas Riverbed area, which created a number of issues regarding unsafe living conditions, environmental damage, public safety concerns, and fire hazards. The City has undertaken a number of efforts to do its part in addressing homelessness in a proactive manner. The most significant step was application and approval of a Homekey project, which is proposed to be a permanent supportive housing facility. The former Days Inn hotel was acquired, but the City has experienced significant delays due to serious financial problems and mismanagement of the project by the developer (Shangra-La Industries, LLC).

Due to the ongoing delays, the City and a number of partners developed an interim plan to shelter a large number of homeless living in the riverbed at the Monarch Inn hotel. The City Council approved an overall Interim Riverbed Homeless Strategy at the June 13, 2023 meeting. Implementation began in July

CITY COUNCIL

CONSIDERATION OF EXTENSION OF THE INTERIM TEMPORARY

HOMELESS SHELTER PROGRAM
JANUARY 9, 2024
PAGE 2 OF 4
2023, which has been successful and operated within the budget approved by City Council.

The Homekey project was projected to be complete by October 2023. Therefore, an agreement was established for 18 rooms with the motel owner through the end of October 2023. When the Homekey project experienced further delays, the developer proposed to assume funding the program but has not followed through. This created an urgent situation to avoid removing participants from shelter with only a few days of warning. As a result, staff and partnering agencies have developed a new funding plan to extend the interim homeless shelter program to maintain the participants in shelter at this time.

The first portion of the funding plan was approved by City Council at the December 12, 2023 meeting, which enabled an extension of the lease through January 10, 2024. Staff is now recommending approval of the remainder of the funding plan and extension of the lease through July 10, 2024.

DISCUSSION:

Staff have been meeting and partnering with a long list of parties to pursue strategies to address problems with the Homekey project, which is currently in foreclosure due to gross mismanagement by the developer, Shangra-La Industries, LLC. In the meantime, staff have also been working with partnering agencies to fund extension of the temporary shelter program in order to continue to house the homeless individuals there until a resolution is reached on the Days Inn permanent supportive housing project. The recommended action will fund and extend the lease agreement through July 10, 2024.

One of the key factors in the original arrangement with the Monarch Inn owner to temporarily house homeless individuals was an agreement they reached with Shangri-La Industries to sell the property for a low-income senior housing project.

Escrow was due to close in January 2024. Since this no longer appears to be likely, the owner intends to return to leasing it to a farm labor contractor.

Therefore, additional provisions have been added to the lease in recognition of the impact utilization of the facility for a homeless shelter will have on the owner’s desire to utilize it for farmworker housing. Under the terms of the new lease, the owner will be exempt from transient occupancy taxes (TOT) through the end of 2026. In addition, they will be allowed to compensate for the loss of use for farmwork housing during this year by utilizing 100% of the rooms for extended stays through 2026. This will be contingent upon adoption of an ordinance modifying the City’s regulations limiting long-term stays in motels, which will also be considered by City Council at this meeting.

CITY COUNCIL

CONSIDERATION OF EXTENSION OF THE INTERIM TEMPORARY

HOMELESS SHELTER PROGRAM
JANUARY 9, 2024
PAGE 3 OF 4
COST ANALYSIS:

The financial summary of the proposed program has been updated since the discussion at the December 12th meeting. Please note that no expenditures of City General Fund monies are proposed. In addition, the funding plan will reimburse the City for $60,000 incurred for the program during the period of July through October 2023 that Shangri-La Industries, LLC had committed to fund and never paid.

The following tables present a summary of the costs and revenues:

Cost Items Amount
Monarch Inn Rent $364,500.00
Cleaning Services $51,840.00
Security $48,384.00
Step Up Staffing $81,000.00
July - October 2023 Unreimbursed Costs $60,000.00
Miscellaneous Expenses $10,800.00
Total $616,524.00
Revenue Sources Amount
Homeless Coalition HHAP Round 3 $358,281.05
Homeless Coalition HHAP Round 2 $47,942.95
County of Monterey HHAP Round 3 $50,000.00
City of King PLHA $60,300.00
County of Monterey ARPA $100,000.00
Total $616,524.00
ENVIRONMENTAL REVIEW:

The Temporary Homeless Shelter Program is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as it is temporary and does not involve construction or modification to buildings, property or facilities. Therefore, it does not have the potential for resulting in either a direct physical change to the environment or a reasonably foreseeable indirect physical change in the environment. No further action is required under CEQA for City Council action.

Exhibit 1

Exhibit 2

Item No. 9 (J)

REPORT TO THE CITY COUNCIL
DATE: JANUARY 9, 2024
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF AUTHORIZING RESOLUTION FOR

HOMEKEY PROJECT
RECOMMENDATION:

It is recommended the City Council adopt a Resolution authorizing the City Manager to execute all documents and agreements related to the Homekey project and other requirements set forth by the California Department of Housing and Community Development (HCD) related to the Homekey project.

BACKGROUND:

Due to the problems experienced with the Homekey project caused by gross mismanagement by the developer, a number of agreements and documents are being modified by HCD. Most recently, the City has been requested to submit a new Authorizing Resolution by January 17th. Therefore, it will be presented to City Council for consideration at the January 9th meeting in order to meet this deadline.

DISCUSSION:

Staff have not yet received direction from HCD on the format or required language of the Resolution at the time the staff report was prepared. Therefore, it will be distributed to City Council separately. Staff believes the primary requirement will be to authorize the City Manager to execute all agreements and documents. However, it may include additional requirements provided by HCD.

COST ANALYSIS:

There is no cost impact from this item.

Item No. 10 (A)

REPORT TO THE CITY COUNCIL
DATE: JANUARY 9, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF AN ORDINANCE ESTABLISHING CHAPTER

8.41, OF TITLE 8, SPECIAL ASSESSMENT FOR UNPAID BILLING

FOR REFUSE AND RECYCLING SERVICES
RECOMMENDATION:

It is recommended the City Council: 1) introduce an Ordinance establishing Chapter

8.41, of Title 8, of the King City Municipal Code pertaining to a special assessment for refuse and recycling service delinquent accounts to be read by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance; and 2) approve an appropriation of $6,000 from the unappropriated General Fund reserve for public outreach expenses.

BACKGROUND:

One of the factors in the calculation of annual Waste Management (WM) rate increases for refuse and recycling services under the terms of the current Franchise agreement is loss of revenue due to delinquent payments. Waste Management continues to experience increases in delinquent customer accounts resulting in a considerable amount of bad debt. It is a difficult problem because refuse collection is not like most goods and services that can be cancelled if someone does not pay their bill. Ensuring everyone’s refuse is collected is important for public health. In addition, other jurisdictions that provide water utility service are able to turn off water service, but King City does not have that option since it has a private water purveyor.

Section 7.5 of the 2017 Revised and Restated Franchise Agreement stipulates that the City intended to adopt a new Ordinance in the Municipal Code to provide for the transfer of WM’s delinquent charges to property taxes as a special assessment or property lien. If the City failed to adopt the special assessment/property lien, WM would then have the option to recover losses due to delinquent customer accounts through an adjustment to the customer rate caps. The City has not yet pursued the

CITY COUNCIL
CONSIDERATION OF AN ORDINANCE ESTABLISHING CHAPTER 8.41, OF TITLE 8, SPECIAL ASSESSMENT FOR UNPAID BILLING FOR REFUSE AND

RECYCLING SERVICES
JANUARY 9, 2024
PAGE 2 OF 4
special assessment/property lien process. As a result, rates have increased to cover the bad debt, which means those who pay their bills are paying for the service for those who do not.

In July 2021, a bad debt rate component was approved with 7.4% assumed bad debt as the new base rate. At that time, it was agreed that every year this component will be adjusted based on the bad debt of the previous year. Currently, bad debt recovery accounts for 8% of the rates, which means eliminating the delinquent accounts would result in an 8% reduction in rates.

Therefore, the special assessment process is the best option available to provide rate relief to customers. As a result, at the June 13, 2023 meeting, the City Council agreed to proceed with establishing a lien or special assessment process for refuse and recycling delinquent accounts to lower rates in the future.

DISCUSSION:

The City has been reluctant to implement a lien or special assessment process due to the impact on landlords and legal concerns. It is also more challenging for King City than many other cities that have implemented such a process due to the number of low-income households and the number of rental units. Under a special assessment process, delinquent payments at the end of the year would be placed on the property owner’s property tax bill. Therefore, it would create a new burden on landlords because they would be responsible for payments when their tenants failed to pay their refuse and recycling bills. Some landlords may want to respond by paying the bills themselves and adding the cost to the rents.

To address this, staff recommended City Council consider utilizing a phased approach to implement the special assessment process. This will provide time for landlords to make adjustments and work with their tenants before the changes take effect, and it will prevent them being charged for delinquent payments that occurred prior to having an opportunity to take action to prevent them.

Implementation requires adoption of an ordinance and approval of a Memorandum of Understanding (MOU) with WM whereby WM would assign the debt to the City.

Once a year, the City Council would need to conduct a public hearing to approve the assessments to be placed on property tax bills. It is recommended the MOU also include a fee that would reimburse the City for costs incurred in conducting the process.

The City Attorney has prepared the Ordinance for City Council consideration. It is recommended the City Council introduce the Ordinance at this meeting. Prior to the meeting, staff conducted a significant amount of outreach to the community to

CITY COUNCIL
CONSIDERATION OF AN ORDINANCE ESTABLISHING CHAPTER 8.41, OF TITLE 8, SPECIAL ASSESSMENT FOR UNPAID BILLING FOR REFUSE AND

RECYCLING SERVICES
JANUARY 9, 2024
PAGE 3 OF 4
provide an opportunity for input from landlords and property owners. A phone announcement was provided to all customers by WM. The City provided social media announcements, a notice sent to all multi-family housing property owners with a business license, information included on the City’s website, a press release, and notifications to property managers. An article will also appear in the City newsletter regarding the second reading of the Ordinance by the City Councill if it is introduced at this meeting.

It is proposed that the debt applied to the first lien process take effect on July 1, 2024. If adopted, it is recommended staff conduct additional outreach efforts during the period of February and March 2024, including a mailer sent to every property owner. It is proposed to present the MOU with WM at the January 23, 2024 meeting when adoption of the Ordinance is considered.

Based on the recommendations, the following schedule of key dates apply to the process:

July 1, 2024 First billing period applicable to the new lien process.

September 1, 2024 First customer invoices issued that will be applied to the lien process if not paid.

December 1, 2024 Last customer invoices issued that would apply to the 2025 tax roll if delinquent.

January 1, 2025 WM will send notice to customers with delinquent accounts.

February 1, 2025 WM will send second notice.

March 1, 2025 WM will send third notice.

April 1, 2025 WM will send fourth notice notifying customers they have until May 15th to pay past due amount to avoid debt being sent to the City for a special property tax assessment.

May 15, 2025 WM will provide the final list of delinquent accounts to the City and City will distribute a public hearing notice.

June 1 – 15, 2025 City Council will hold a public hearing to provide an opportunity for customers to protest delinquent debt
assessments.

July 1, 2025 City will submit assessment amounts to the County Assessors Office for the tax roll.

COST ANALYSIS:

It is estimated that the cost of the community outreach is approximately $6,000. An additional appropriation will be necessary.

01222.0001/948890.1
ORDINANCE NO. 2024-822

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KING ESTABLISHING CHAPTER 8.41, OF TITLE 8, SPECIAL ASSESSMENT FOR UNPAID BILLING WHEREAS, the City of King (“the City”) has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City, California Constitution Article XI, section 7; and
WHEREAS, pursuant to the City’s express statutory authority and its police power, the City desires to enact reasonable regulations on unpaid billing for solid waste services, including billing for all garbage, recycling, green waste and organic waste collections, 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 health and safety of the neighborhoods within the City by regulating unpaid billing for solid waste services within the city limits; and
WHEREAS, this Ordinance is intended to regulate unpaid billing for solid waste services within the city limits to ensure the health, safety and welfare of both businesses and city residents; and
WHEREAS, nothing in this Ordinance shall be construed to: (1) allow any person to engage in conduct that endangers others or causes a public nuisance; or (2) allow any activity relating to unpaid billing for solid waste services within the city limits which are illegal under state or federal law; and
NOW THEREFORE, the City Council of the City of King does hereby ordain as follows:

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

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

SECTION 3. Chapter 8.41, of Title 8, of the King City Municipal Code is hereby enacted to read in its entirety as follows:

Chapter 8.41

SPECIAL ASSESSMENT FOR UNPAID BILLING
Section 8.41.010 Authorized Billing.

All billing for garbage, recyclable material, green waste and organic waste collection shall be made by the City’s solid waste franchise hauler.
///
01222.0001/948890.1
Section 8.41.020 Unpaid Billing.

All billing for garbage, recyclable material, green waste and organic waste collection (“solid waste services”) shall become delinquent sixty (60) days after the billing date.

Section 8.41.030 Notice of Unpaid Billing.

If a bill remains unpaid after the date of delinquency, the franchise hauler shall be entitled to a reasonable delinquency fee, in addition to other fees set forth in its agreement with the City.

However, said delinquency fee shall not be assessed until fifteen (15) days after notification of the delinquency to the recipient of solid waste services and the owner of the property receiving the solid waste services if they are different. The franchise hauler shall simultaneously submit written notice to the City stating the following:
(1) The assessor’s parcel number of the property to which solid waste services were rendered;
(2) Confirmation the delinquency notice has been sent to the recipient of solid waste services; and
(3) The date and address to which notice was sent.

Section 8.41.040 Assigning Unpaid Billing to City.

Upon expiration of the fifteen (15) day notice to the consumer, the franchise hauler may assign said bill to the City for special assessment proceedings.

Section 8.41.050 Responsible Party.

Notwithstanding any provision in the King City Municipal Code to the contrary, a property owner shall be responsible for any unpaid billing for solid waste services assigned to the City by the franchise hauler. The City may place a special assessment on the property which received the solid waste services to recover the unpaid billing pursuant to the special assessment process provided in this Chapter.

Section 8.41.060 Unpaid Billing Special Assessment Process.

Upon the City’s timely receipt of the assignment from the franchise hauler and at the convenience of the City, which shall be once per year, city staff shall initiate proceedings in compliance with Government Code sections 38790.1 and 25831 to create a special assessment on the real property to which the solid waste collection services has been rendered.

Section 8.41.070 Additional Fees Subject to Special Assessment Process.

The special assessment may carry additional administrative charges, including but not limited to attorney’s fees, administrative costs and staff administrative time, incurred by the City to initiate and conduct the special assessment proceedings as required by this Chapter.

Section 8.41.080 Notice of Approved Special Assessment.

Once the special assessment has been approved, the property owner shall be notified by the City of the total special assessment amount, including any additional administrative fees and 01222.0001/948890.1
costs, which is due to the City and that the special assessment has or is going to be recorded against the property.

Section 8.41.090 Recording of Special Assessment.

The special assessment will be officially recorded in the Monterey County recorder’s office.

SECTION 4: EFFECTIVE DATE.

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

I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the _____ day of _________________ 2024, and adopted the Ordinance after the second reading at a regular meeting held on the ____ day of _______________ 2024, 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:

ROY C. SANTOS, City Attorney
Aleshire & Wynder, LLP
01222.0001/948890.1
I, ______________________________, City Clerk of the City of King, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of King on the date and by the vote indicated herein.

Item No. 10 (B)

REPORT TO THE CITY COUNCIL
DATE: JANUARY 9, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF AN ORDINANCE PROHIBITING PARKING IN

PUBLIC ALLEYS
RECOMMENDATION:

It is recommended the City Council: introduce an Ordinance amending Municipal Code Chapter 10.22 to prohibit parking in alleys on public right-of-way to be read by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.

BACKGROUND:

The City has a number of alleys that primarily traverse residential areas. Many residents access their property and garages from the alleyways. Staff have received periodic complaints from residents that neighbors are parking their vehicles in the alley, which blocks their access. The Police Department has provided warnings to the violators to move their vehicle and enforced 72-hour parking limits. However, the vehicles have eventually reappeared, so it has created an ongoing issue.

When staff researched creating a more long-term solution, it was discovered that there are no provisions in the Municipal Code that prohibit parking in the alleys.

Therefore, the Police Department is unable to issue citations. As a result, staff is recommending the City Council adopt an Ordinance prohibiting parking in alleys on the public right-of-way. An Ordinance has been prepared for City Council consideration, which is attached.

DISCUSSION:

The alleys have been neglected over time and resulted in a number of issues.

During the past two years, an increased effort has taken place to address issues of safety and maintenance. The Public Works Department has removed graffiti and trash and filled potholes. The Police Department has increased patrol. Staff are

ORDINANCE NO. 2024-823

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

CITY MUNICIPAL CODE, PARKING REGULATIONS,

TO PROHIBIT PARKING IN ALLEYS

IN THE PUBLIC RIGHT-OF-WAY
WHEREAS, the City of King (“City”) is authorized by the California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, California Vehicle Code section 22507 grants the City authority to restrict vehicles from parking on certain streets and during certain hours; and WHEREAS, alleys exist for the purpose of enabling residents to access their driveways and garages on private property with their vehicle; and
WHEREAS, the City has received complaints from residents who have experienced restricted access to enter or exit their property due to vehicles parked in the alley; and WHEREAS, the City Council desires to amend parking restrictions in order to prohibit parking in alleys of the City on the public right-of-way to enable the Police Department to address and prevent access restrictions.

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

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

SECTION 3. Chapter 10.22 of the King City Municipal Code is hereby amended to add Section 10.22.060 to read as follows; all other portions of Chapter 10.22 remain in full force and effect:

Section 10.22.060 Parking of vehicles in alleys prohibited on public right-of-way.

No person shall stop, stand or park any vehicle as defined in the Vehicle Code of California in any alley on the public right-of-way on any day.
01222.0001/903428.1 -2-
SECTION 4: EFFECTIVE DATE.

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
ERICA SONNE, City Clerk

CITY OF KING
By:

MIKE LEBARRE, Mayor
APPROVED AS TO FORM:

By:

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

Item No. 10 (C)

REPORT TO THE CITY COUNCIL
DATE: JANUARY 9, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF AN ORDINANCE PERTAINING TO HOTEL,

MOTEL AND MOTOR LODGE OCCUPANCY REGULATIONS
RECOMMENDATION:

It is recommended the City Council: introduce an Ordinance amending Municipal Code Chapter 7.65 of Title 7 pertaining to hotel, motel and motor lodge occupancy regulations to be read by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.

BACKGROUND:

In 2017, the City Council adopted an Ordinance that implemented restrictions on long-term hotel, motel and motor lodge stays in two phases. The first year restricted no more than 75% of rooms for long-term stays and the second year limited no more than 50% of rooms for long-term stays. The objectives of the Ordinance were to provide incentives for the development of higher quality of permanent housing for farm laborers and to address complaints that rooms in hotels and motels were no longer available for visitors due to ongoing contracts with farm labor contractors.

The City has experienced an increasing problem of homelessness during the past several years. Local motels are often the only viable alternative for providing shelter to homeless individuals on a temporary basis. However, it has been difficult to find local motels that are willing to participate in temporary homeless shelter programs. Currently, the Monarch Inn is the only motel who has been willing to work with the City on a temporary shelter program, and no King City motels participate in the County cold weather voucher program. One of the disincentives to participate is that they are still able to lease 50% of their rooms to agricultural worker contractors for long-term occupancy. The purpose of the proposed Ordinance is to create incentives for small motels to participate in potential programs that assist homeless individuals.

01222.0001/382634.2 1
ORDINANCE NO. 2024-824

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KING AMENDING CHAPTER 7.65 OF TITLE 7 OF THE KING CITY MUNICIPAL PERTAINING TO

HOTEL, MOTEL AND MOTOR LODGE OCCUPANCY REGULATIONS AND

OPERATIONAL STANDARDS
WHEREAS, the City of King (“the City”) has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City, California Constitution Article XI, section 7; and
WHEREAS, pursuant to California Revenue and Taxation Code §§ 7280 et seq., the City of King (“City”) has the authority to levy a transient occupancy tax (“TOT”) upon the privilege of occupying a hotel, motel and motor lodge for a period of thirty (30) days or less; and WHEREAS, the City has established regulations on the long-term occupancy of hotels, motels and motor lodges to ensure the continued availability of transient visitor and automobile tourist lodging within the City, to ensure the continued use of hotels, motels and motor lodges in the manner intended to provide such lodging, ensure continued safe operation and use of hotels, motels and motor lodges, and ensure the continued collection of TOT general tax proceeds to assist in the funding of essential city services; and
WHEREAS, the City has experienced a serious issue of homelessness in the community which threatens the health and safety of individuals that are unsheltered; and WHEREAS, addressing homelessness provides an important public benefit for everyone in the community; and
WHEREAS, existing hotels, motels and motor lodges often provide the only feasible option of providing temporary shelter for homeless individuals until long-term permanent housing options can be developed; and
WHEREAS, owners of hotels, motels and motor lodges who offer use of their businesses for temporary shelter of homeless individuals sacrifice potential revenue from contracts for longterm occupancy use of their facilities; and WHEREAS, the City desires to address this loss of revenue resulting from use of their hotels, motels and motor lodges for temporary shelter of homeless individuals by temporarily exempting their businesses from certain provisions of Chapter 7.65 of the King City Municipal Code in order to make feasible more options for sheltering homeless on a temporary basis.

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. 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).) It is also exempt because it consists of regulations and restrictions on activities to assure the maintenance, restoration, or enhancement of natural resources and the environment by prohibiting 01222.0001/382634.2 2
environmentally destructive components of unregulated cannabis cultivation. (CEQA Guidelines §§ 15307 and 15308.)
SECTION 3. Chapter 7.65, of Title 7, of the King City Municipal Code is hereby amended to read as follows:

Chapter 7.65

HOTEL, MOTEL AND MOTOR LODGE OCCUPANCY REGULATIONS AND

OPERATIONAL STANDARDS
Section 7.65.100 Purpose and Intent.

The purpose of this Chapter is to establish occupancy regulations and operational standards for hotels, motels and motor lodges which will ensure the continued availability of transient visitor and automobile tourist lodging within the City and to ensure the continued use of hotels, motels and motor lodges in the manner intended to provide such lodging.

Section 7.65.101 Definitions.
“Long-term occupancy” shall mean any occupancy in a hotel, motel and/or motor lodge in the city for a period exceeding thirty (30) consecutive days or more than two hundred and forty (240) total days within a one (1) year period. “Short-term occupancy” shall mean any occupancy of a hotel, motel and/or motor lodge in the City for a period that does not fall within the definition of a long-term occupancy.

Section 7.65.102 Occupancy Regulations and Operational Standards.

The following occupancy regulations and operational standards shall apply to all hotels, motels and motor lodges in the City, unless specifically modified by a conditional use permit:
(a) Effective January 1, 2018, No property owner, operator and/or manager of a hotel, motel or motor lodge shall rent or let, or otherwise provide, any room therein to any person, firm, partnership, corporation, association or other business entity for a period that exceeds thirty (30) consecutive days or for a term that exceeds two hundred and forty (240) total days in any one (1) year period.
(b) No property owner, operator and/or manager of a hotel, motel or motor lodge shall rent or let, or otherwise provide, any room therein to the same individual, group of individuals, firm, partnership, corporation, association or other business entity twice in a twentyfour (24) hour period in fifty (50%) percent of the total available rooms. effective January 1, 2019.
01222.0001/382634.2 3
(c) On-site management shall be available twenty-four (24) hours a day. (d) Each guest room shall be provided regularly-scheduled maid and housekeeping services. Such services shall be provided at least once every three (3) days during any consecutive occupancy and at least once between each occupancy.
(e) In-room telephone service for emergency response purposes shall be provided in all guest rooms of the hotel, motel or motor lodge. (f) Persons responsible for the renting of a room in any hotel, motel or motor lodge shall provide their name and permanent address, as verified by presentation of a valid driver’s license or other valid identification, and the license number, state of license, make, model and year of any vehicle parked on-site or off-site. The registration information shall also include the dates of occupancy, length of stay and room rate. Such information shall be maintained for at least one year past the last day of stay of the guest.
(g) No room, suite or bed shall be assigned or rented more than twice within any twenty-four (24) hour period.
(h) The property owner, operator or manager shall comply with the provisions of Chapter 3.12 of Title 3 of the King City Municipal Code pertaining to the responsibility for the collection of transient occupancy tax.
(i) The business of the hotel, motel or motor lodge shall be conducted, at all times, in a manner that will allow the safe and quiet enjoyment of the surrounding neighborhood which includes, but is not limited to, security and operational measures to comply with this requirement.
(j) The property owner, operator or manager shall comply with all of the provisions of the King City Municipal Code.
(k) City manager is authorized to issue an exemption to any property owner, operator and/or manager of a hotel, motel or motor lodge with less than twenty-five (25) total rooms from subsections (a) and (b) of this section for a period up to thirty (30) months if a majority of rooms are leased to the City, County or a non-profit organization approved by City for the purpose of providing temporary shelter to individuals determined by City to be homeless or at risk of becoming homeless for a period of at least six (6) months. 01222.0001/382634.2 4
Section 7.65.103 Application to Existing Businesses.

The requirements of this Chapter shall apply to all hotels, motels and/or motor lodges in the City, whether it is new or was in existence prior to the effective date of this Ordinance.

Section 7.65.104 Application to Existing Tenants.
(a) Nothing in this Chapter shall require an existing tenant of a long-term occupancy, established prior to the effective date of this Chapter, to move out of a unit they are already occupying. Those pre-existing long-term occupancies may continue pursuant to the terms of the existing lease or agreement, until that tenancy terminates by its own terms under the law. (b) Whenever a long-term occupancy terminates, for whatever reason, the property owner, operator or manager shall not re-lease, rent or let, or otherwise provide that unit for a new long-term occupancy, except to the extent permitted pursuant to the mandatory requirements of this Chapter.

Section 7.65.105 Termination of Tenancy.

The provisions of this article shall not be used to terminate a tenancy in violation of the requirements of California Civil Code Section 1940 et seq.

Section 7.65.106 Violations.

In addition to the penalties provided by this Chapter, each such person shall be guilty of a new and separate offense for each and every day during any portion of which any violation of the provisions of this Chapter, or the provisions of any Chapter adopted by reference within the King City Municipal Code is committed, continued, or permitted by such person and shall be punished accordingly.

In all cases where the same offense is made punishable or is created by different clauses or sections of the King City Municipal Code, the City Attorney may elect under which to proceed.

Section 7.65.107 Criminal Penalties and Enforcement.

Violations of the provisions of this Chapter, or the provisions of any Chapter adopted by reference within the King City Municipal Code for conduct that is not otherwise considered lawful under State law, shall be considered misdemeanors and are punishable in accordance with Chapter 1.04.010 of the King City Municipal Code. Each and every day, or portion thereof, a violation exists is a new and separate offense. The City may also pursue all applicable civil and administrative remedies, including but not limited to injunctive relief and administrative citations.

Should a court of competent jurisdiction subsequently determine that the criminal penalty provision renders the provisions of this Chapter, or the provisions of any Chapter adopted by reference within the King City Municipal Code unlawful, the City intends that the misdemeanor provision be severable from the remaining 01222.0001/382634.2 5
penalty provisions and the City will only pursue non-criminal remedies for violations of this Chapter.

Section 7.65.108 Administrative Penalties.
(a) The administrative citation penalty for all violations of this Chapter, within a rolling twelve-month period, deemed Misdemeanors under the King City Municipal Code shall be as follows:
(1) First administrative citation: two hundred fifty and no/100ths dollars ($250.00) per violation;
(2) Second administrative citation: five hundred and no/100ths dollars ($500.00) per violation;
(3) Third administrative citation: one thousand and no/100ths dollars ($1,000.00) per violation; and
(4) One thousand and no/100ths dollars ($1,000.00) per
violation for each subsequent administrative citation.
(b) The administrative citation penalty for all violations of this Chapter, within a rolling twelve-month period, deemed Infractions under the King City Municipal Code shall be as follows:
(1) First administrative citation: one hundred and no/100ths dollars ($100.00) per violation;
(2) Second administrative citation: two hundred and no/100ths dollars ($200.00) per violation;
(3) Third administrative citation: five hundred and no/100ths dollars ($500.00) per violation; and
(4) Five hundred and no/100ths dollars ($500.00) per violation for each subsequent administrative citation.

Section 7.65.109 Cost Recovery.

Failure to comply with the mandatory requirements of this Chapter and any other provision of the King City Municipal Code shall subject the property owner, operator and/or manager to the cost recovery provisions established within Chapter

7.51 of the King City Municipal Code.

Section 7.65.200 Liability.

Property owner, operator and/or manager of a hotel, motel or motor lodge shall be jointly and severally liable for the violation(s) of this Chapter, regardless of whether the City issues an administrative citation or initiates a code enforcement action. 01222.0001/382634.2 6
Section 7.65.201 Severability.

If any article, section, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Chapter. The Council hereby declares that it would have adopted this chapter and adopted each article, section, sentence, clause or phrase thereof, irrespective of the fact that any one or more articles, sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 4: EFFECTIVE DATE.

This Ordinance shall take effect and be in full force and effect from and after the effective dates identified within Chapter 7.65. Within thirty (30) calendar days after its adoption, the 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 _________________ 2017, and adopted the Ordinance after the second reading at a regular meeting held on the ____ day of _______________ 2017, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
ERICA SONNE, City Clerk

CITY OF KING
By:

MIKE LEBARRE, Mayor
01222.0001/382634.2 7
APPROVED AS TO FORM:

By:

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

Item No. 11 (A)

REPORT TO THE CITY COUNCIL
DATE: JANUARY 9, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF A YOUTH IN GOVERNMENT PROGRAM
RECOMMENDATION:

It is recommended the City Council: 1) approve the proposed Youth In Government Program with Chalone Peaks Middle School; and 2) appropriate $7,500 from the unappropriated General Fund reserve.

BACKGROUND:

In response to a request by City Council, staff presented recommendations for creation of a youth council at the January 12, 2021 Council Meeting. It was agreed to develop the youth council gradually by starting with two high school students and then later expand it to include 5 members from King City High School, 2 from Portola Butler, and 2 from Chalone Peaks Middle School.

Implementation was delayed due to the pandemic and then again due to competing priorities limiting the availability of staff time needed. Staff were recently approached by Chalone Peaks Middle School representatives interested in working with the City on creating opportunities for student involvement in local government activities. Staff and school representatives have developed a proposal for a collaborative Youth in Government program. As a result, staff are presenting recommendations to replace the youth council concept with a more comprehensive youth in government program at the middle school grade level.

DISCUSSION:

Issues
Original concerns identified regarding a youth council included the following:

CITY COUNCIL

CONSIDERATION OF A YOUTH IN GOVERNMENT PROGRAM
JANUARY 9, 2024
PAGE 2 OF 5
• It would involve a significant amount of staff time to coordinate, which could impact other programs and priorities.
• It would involve and impact only a small number of students. • The students who will likely participate are primarily those who tend to already be involved in other activities rather than a cross-section of the student population.
• A limited number of students selected for leadership positions often are unable to accurately represent the needs and opinions of a large student population with diverse backgrounds.
• If the youth council was established to meet on an ongoing basis, they tend to run out of meeting topics which leads to more staff time involved in creating new assignments and a gradual decrease in the usefulness of the group.

To address these issues, City and school staff developed recommendations for a three-tier program.

Tier 1 – Chalone Peaks Middle School Leadership Team
The first component of the program would include a leadership team composed of 5 - 10 students selected by the government teacher. The leadership team will be assigned one or two topics the City is involved in and would benefit from youth input. They would be responsible for educating themselves on the topic, interviewing staff, developing ways to solicit other student input, agreeing on findings and/or recommendations, and making a presentation to staff, commissions and/or the City Council.

City staff would provide initial guidance, provide information and answer questions, and coordinate scheduling the presentations. School staff will coordinate and supervise the ongoing work of the students. This task would take place in January to February.

Some potential topics include:
• How to get youth involved in the Blue Zones Project activities to promote a healthier diet and active lifestyle.
• Recreation program ideas and/or ideas for the proposed Recreation Center remodel project.
• Ideas for after-school activities for the ProYouth program. • Ideas regarding important features of future park development. • What do youth believe are important features of future housing development.

CITY COUNCIL

CONSIDERATION OF A YOUTH IN GOVERNMENT PROGRAM
JANUARY 9, 2024
PAGE 3 OF 5
Tier 2 – Chalone Peaks Middle School Youth in City Government Day The second component would involve the selection of 30 to 50 students to participate in a half-day program that would familiarize them with their City and local government. The program would consist of a greeting from the Mayor, tours of City Hall, Police Station and Fire Station, presentations from the City Manager and department directors, education on City programs and issues, mock council meetings, and other activities. At the mock council meeting, students would assume the roles of council members, staff and the public. They would be provided instructions prior to the event in order to assign and prepare for their roles.

Staff will coordinate the presentations and activities. School staff will be responsible for selecting the students, transporting them to City Hall, supervising them, and helping them prepare for the mock council meetings once instructions are provided by the City. This program is anticipated to take place in late March or early April.

Students have expressed an interest in this group also developing a larger project.

One of the options discussed was for them to be involved in organizing some type of major event, such as the proposed Cyclovia. Therefore, planning this year could be focused on an event taking place in Fall 2024. This would help the City to coordinate an event with a strong youth focus and participation.

Tier 3 – Chalone Peaks Middle School City Youth Service Day The goal of the third component of the program would be to involve either all the 8th grade students or 8
th grade students from the English Language Development (ELD) program. This tier of the program would include 150 to 300 students.

Students would meet at Aera Park in the morning for a half-day event where they would be greeted by the Mayor. City staff, teachers, and volunteers would then divide the students into groups. Staff would coordinate with King City in Bloom for assistance in providing volunteers for some of the projects. Each group would be transported to a different work site where they would be involved in a City service project. Some of the projects could include creek cleanup, painting walls and park bathrooms, trash pickup, and landscaping and beautification projects. At the conclusion of the project, they will return to Aera Park for a barbeque lunch. This event would be scheduled in late April or early May.

Conclusion
The program is proposed to be a collaborative effort between City and Chalone Peaks Middle School staff. Therefore, while the youth council proposal was delayed due to staffing concerns, staff believe this program will be feasible to begin at this time because responsibilities will be shared with school staff.

Item No. 11 (B)

REPORT TO THE CITY COUNCIL
DATE: JANUARY 9, 2024
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF KING CITY COMMUNITY POWER

CUSTOMER REBATE GIFT CARD PROGRAM
RECOMMENDATION:

It is recommended the City Council approve and authorize the City Manager and Pilot Energy (“Pilot”) to implement recommendations for distribution of rate reduction reimbursements through gift cards to King City Community Power (“KCCP”) residential customers.

BACKGROUND:

At the November 28, 2023 meeting, staff and Pilot presented recommendations for use of approximately $250,000 in “headroom” or discretionary excess revenue from 2023. It was agreed to allocate $50,000 for electric vehicle charging stations or vehicles, $35,000 for a 1% discount for all non-residential customers, and the remaining $165,000 for rate reductions for residential customers.

Staff and Pilot were directed to provide the residential rate reductions through distribution of one-time rebate gift cards. Pilot has researched and developed recommendations on how to purchase and distribute gift cards. There are some policy decisions involved in implementing the program. Therefore, staff is requesting Council authorization of the final recommendations before proceeding.

DISCUSSION:

The amount of each gift card will be based upon the billing amount for each customer over the 2023 12-month period. Based on Pilot’s analysis, the average gift card will be $60. Using a pro-rata share of total annual bills, some accounts would be mere pennies while the highest account would be $3,335. The total

CITY COUNCIL

CONSIDERATION OF KING CITY COMMUNITY POWER CUSTOMER

REBATE GIFT CARD PROGRAM
JANUARY 9, 2024
PAGE 2 OF 3
number of cards sent will be approximately 2,700. Cards would be issued in incremental $5 amounts and delinquent accounts would be excluded. Pilot recommends sending gift cards only to customers who have had annual bills exceeding a total of $50, which translates to a $5.00 gift card, and then capping gift cards at $250 per account.

The only accounts that exceed $250 are a few master metered accounts that serve apartment buildings and mobile home parks. The problem with issuing them large gift cards is that the account is under a commercial name, which would likely preclude the gift card from being used.

Pilot was able to negotiate a cost of $0.64 per card from Pre-Paid USA. The $0.64 per card includes KCCP’s logo on the cards, a personalized letter from KCCP, and all shipping and handling for mailing the cards direct to each customer address. This was a significant accomplishment because the initial quotes received ranged from $1.50 for cards with no logo to $3.77 and over for cards with logos. A total of five quotes were received.

COST ANALYSIS:

The cost impact of the recommended rebate card program is projected to be approximately $165,000 in KCCP headroom funding. Of this amount, the total cost for purchase of the gift cards will be approximately $1,700.

ENVIRONMENTAL REVIEW:

The allocation of KCCP funding to rebate gift cards 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;

2. Direct staff to modify the guidelines for issuing the gift cards and then approve;

3. Do not approve issuing the gift cards and direct staff to provide the discounts as an ongoing rate reduction on customer invoices; or

4. Provide staff other direction.

King City City CouncilJanuary 9, 2024

King City City Council
January 9, 2024