AGENDA
REGULAR MEETING OF THE
CITY OF KING CITY COUNCIL
AND
Sitting as SUCCESSOR AGENCY OF
THE RDA FOR THE CITY OF KING
TUESDAY JANUARY 23, 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
CALL TO ORDER
ROLL CALL:
Coucil Members Oscar Avalos, Carlos DeLeon, Robert Cullen, Mayor Pro Tem Carlos Victoria, and Mayor Mike LeBarre
FLAG SALUTE
CLOSED SESSION ANNOUNCEMENTS
SPECIAL PRESENTATIONS
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.
COUNCIL COMMUNICATIONS & COMMITTEE REPORTS
Individual Council Members may comment on Council business, his or her Council activitiesCity operationsprojects or other items of community interestCouncil
1. 2.
3. 4.
5. 6.
7. soud be dected to te Coucas a oe ad ot to ay dduaCouc Member. Slanderous, profane or personal remarks against any Council Member, staff member or member of the audience is not permitted.
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.
STAFF COMMUNICATIONS
Comments presented by the City Manager, City Attorney or other staff on City business and/or announcements.
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 Any Council Member, the City Manager, or the City Attorney may request that an item be withdrawn from the Consent Agenda to allow for full discussion.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.
Consideration: Meeting Minutes Of January 12, 2024 City Council Meeting Recommendation: approve and file.
01-09-2024 MINUTES_.PDF
Consideration: City Of King Check Register January 1, Through January 15, 2024 Recommendation: receive and file.
9(B)CITY OF KING CITY AP JANUARY 1-15, 2024.PDF
Consideration: An Ordinance Prohibiting Parking In Public Alleys Recommendation: waive the second reading by title only and adopt an Ordinance amending Municipal Code Chapter 10.22 to prohibit parking in the public alleys. 9(C) ORDINANCE ADOPTION PROHIBITING PARKING IN ALLEYS.PDF Consideration: An Ordinance Pertaining To Hotel, Motel And Motor Lodge Regulations Recommendation: waive second reading by title only and adopt an Ordinance amending Municipal Code Chapter 7.65 of Title 7 pertaining to hotel, motel and motor lodge occupancy regulations.
9(D) ADOPTION OF ORDINANCE AMENDING LONG TERM STAYS.PDF Consideration: King City Community Power Discount For Master Metered Accounts Recommendation: approve King City Community Power (KCCP) master metered accounts with the 1% percent rate reduction provided to commercial accounts.
7. 8.
9. A.
Documents:
B.
Documents:
C.
Documents:
D.
Documents:
E.
9(D) ADOPTION OF ORDINANCE AMENDING LONG TERM STAYS.PDF Consideration: King City Community Power Discount For Master Metered Accounts Recommendation: approve King City Community Power (KCCP) master metered accounts with the 1% percent rate reduction provided to commercial accounts. 9(E) KCCP MASTER METERED ACCOUNTS.PDF
Consideration: City Of King KCCP Payments For The Month Of December 2023 Recommendation: receive and file.
9(F) CITY OF KING CITY AP KCCP DECEMBER 2023.PDF
Consideration: Temporary Homeless Shelter Program Funding Memorandum Of Understanding
Recommendation: 1) approve and authorize the City Manager to execute a modified Memorandum of Understanding (MOU) with the County of Monterey, Coalition of Homeless Services Providrs and Step Up on Second Street, Inc. for funding for the cost of the temporary homeless shelter program; and 2) authorize the City manager to make any non-substantive changes needed in a form approved by the City Attorney. 9(G) INTERIM HOMELESS PROGRAM FUNDING MOU.PDF
PUBLIC HEARINGS
REGULAR BUSINESS
Consideration: An Ordinance Establishing Chapter 8.41, Of Title 8, Special Assessment For Unpaid Billing For Refuse And Recycling Services
Recommendation: 1) waive second reading by title only and adopt 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; and 2) approve a Memorandum of Understanding by and between the City and Waste Management, Inc. (WM) setting forth the responsibilites for both parties in the process.
11(A) ADOPTION REFUSE SPECIAL ASSESSMENT PROCESS
ORDINANCE.PDF
Consideration: Award Of A Consultant Services Agreement For Project Approval And Environmental Document (PA&ED) For The San Antonio Drive Path And Safe Routes To Schools Improvements Project
Recommendation: authorize the City Manager to execute a consultant services agreement up to a not to exceed amount of $349,176.44 in a form approved by the City Attorney with Kimley Horn & Associates Inc. for preparation of the Project Approval & Environmental Document (PA&ED) Phase of the San Antonio Drive Path and Safe Routes to Schools Improvement Project.
E.
Documents:
F.
Documents:
G.
Documents:
10. 11.
A.
Documents:
B.
Documents:
agreement up to a not to exceed amount of $349,176.44 in a form approved by the City Attorney with Kimley Horn & Associates Inc. for preparation of the Project Approval & Environmental Document (PA&ED) Phase of the San Antonio Drive Path and Safe Routes to Schools Improvement Project.
11(B)_CONTRACT SERVICES WITH KIMLEY HORN FOR PAED (SAN
ANTONIO BIKE PATH PROJECT) .PDF
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.
Confernce With Legal Council - Regarding Commencing Litigation Pursuant To Government Code Section 54956.9. Cases: 1
ADJOURNMENT
The City of King is an equal
opportunity provider and employer.
Documents:
12. A.
13.
City Council Meeting
January 9, 2024
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; City Clerk, Erica Sonne.
3.__FLAG SALUTE:
The flag salute was led by Mayor LeBarre.
4. CLOSED SESSION ANNOUNCEMENTS:
None
5.__SPECIAL PRESENTATIONS:
None
6. PUBLIC COMMUNICATIONS:
None
7. COUNCIL COMMUNICATIONS:
Mayor Pro Tem Victoria stated he had nothing to report tonight. AMBAG meeting tomorrow and Happy New Year to everyone.
Council Member Cullen stated beside Happy New Year to everyone he said the Salinas Valley Waste Management Retreat was good.
Council Member Avalos stated he had nothing to report tonight.
Council Member DeLeon stated he had nothing to report tonight.
Mayor LeBarre stated that MST let employees that usually don’t drive a bus drive a bus for educational purposes. MST is looking for bus drivers. He is meeting with Congresswomen Lofgren on items that the City may need for this next funding cycle.
8. CITY STAFF REPORTS AND COMMENTS:
City Manager Adamsstated that the Newsletter is out to print and will be mailed next week. The Unfunded Priority Needs Plan will be distributed to every household and business on January 30th. State of the City is January 31st in English and January 30th here at City Council Chambers in Spanish. City Wide Survey will go out February 5th.
City Attorney Roy Santos had nothing to report.
9. CONSENT
A. Consideration: Meeting Minutes of December 12, 2023, Council Meeting B. Consideration: City of King Check Register December 1, through December 31, 2023 C. Consideration: Consideration: City of King KCCP Payments for the Month of November 2023 D. Consideration: 2024 Fireworks Permit Process
E. Consideration: Adjustments To FY 2023-24 Job Classification Plan and Job Descriptions F. Consideration: Consideration of Selection of Wind Sculpture for Broadway Street/San Antonio Drive Roundabout Project
G. Consideration: Amendment to Contract Services Agreement with First Tee Monterey County for Operation and Management of the King City Golf Course H. Consideration: Amendment to the Master Fee Schedule to Establish a Fee for Short-Term Rental Permits
I. Consideration: Extension of Interim Temporary Homeless Shelter Program J. Consideration: Authorizing Resolution for Homekey Project Mayor LeBarre stated that supplemental information for item 9(I) was distributed here at the meeting and is available on the table for audience.
Action: Motion to approve consent agenda items A – J by Victoria seconded by DeLeon.
AYES: Council Members: LeBarre, DeLeon, Victoria, Avalos, Cullen NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
10. PUBLIC HEARINGS:
A. Consideration: An Ordinance Establishing Chapter 8.41, of Title 8, Special Assessment for Unpaid Billing for Refuse and Recycling Services
City Manager Steve Adams introduced this item.
There was clarification on staff involvement, the number of notices going out, and how far back the debt goes. Staff involvement is minimal, the number of notices in total will be 5 for the clients, and the debt is anything after July 2024.
Mayor LeBarre opened the Public Hearing and read the title of the ordinance into the record.
Ricardo Vasquez a Waste Management customer stated that he is hardly at his home and it is cheaper for him to go to the dump once a month than have the service. He brought pictures of his yard and how clean it is. The City Manager stated that it is the law to have refuse picked up for public health and safety issue and that is why the City has an ordinance in place. The Mayor stated that he understands as well however this is not why we are here this evening. The Mayor offered to meet with Mr. Vasquez outside of the meeting. Mr. Vasquez left his information for the Mayor.
Liz Hall, Waste Management explained that the rates have increased the last three times because of others not paying their bills and it is being spread among other clients. With this ordinance the people that aren’t paying their bills can be held accountable.
Mayor LeBarre closed the public hearing.
Action: Motion to adopt a 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 by Cullen seconded by DeLeon.
AYES: Council Members: LeBarre, DeLeon, Victoria, Avalos, Cullen NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
B. Consideration: An Ordinance Prohibiting Parking in Public Alleys City Manager Steve Adams introduced this item.
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 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 by Avalos seconded by Victoria.
AYES: Council Members: LeBarre, DeLeon, Victoria, Avalos, Cullen NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
C. Consideration: An Ordinance Pertaining to Hotel, Motel and Motor Lodge Regulations City Manager Steve Adams introduced this item.
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 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, waive first reading of the Ordinance, and approve the introduction of the Ordinance by Cullen seconded by Avalos.
AYES: Council Members: LeBarre, DeLeon, Victoria, Avalos, Cullen NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
11. REGULAR BUSINESS
A. Consideration: A Youth in Government Program
City Manager Steve Adams introduced this item.
Teacher Sam Smith spoke to what they want to do with this program for the students.
Action: Motion to approve 1) approve the proposed Youth in Government Program with Chalone Peaks Middle School; and 2) appropriate $7,500 from the unappropriated General Fund reserve by Victoria seconded by Avalos.
AYES: Council Members: LeBarre, DeLeon, Victoria, Avalos, Cullen NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
B. Consideration: King City Community Power Customer Rebate Gift Card Program City Manager Steve Adams introduced this item.
Kelly Foley, Pilot Energy further introduced this item.
Council would like to review the letter going out.
Council would like a rate reduction for apartment buildings and mobile home parks like the commercial buildings would receive.
Action: Motion to 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 with the addition of delaying the cards being distributed by Victoria seconded by Avalos.
AYES: Council Members: LeBarre, DeLeon, Victoria, Avalos, Cullen NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
This item will be brought back at the next meeting as well.
12. CITY COUNCIL CLOSED SESSION
A. Conference with Legal Counsel – Regarding Commencing Litigation Pursuant to Government Code Section 54956.9. Cases: 1
ADJOURNMENT:
Mayor LeBarre adjourned the meeting at 7:21p.m. to closed session and the meeting was adjourned at 8:00p.m. with no reportable action.
Approved Signatures:
Mayor Mike LeBarre City Clerk, Erica Sonne
City of King City of King
Item No. 9(B)
REPORT TO THE CITY COUNCIL
DATE: JANUARY 23, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER
JANUARY 1 THROUGH JANUARY 15, 2024
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 23, 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 waive the second reading by title only and adopt an Ordinance amending Municipal Code Chapter 10.22 prohibiting parking in public alleys.
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 by staff, which is attached and was introduced by City Council at the January 9th meeting.
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 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 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.
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
I, ______________________________, City Clerk of the City of King, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of King on the date and by the vote indicated herein.
Item No. 9 (D)
REPORT TO THE CITY COUNCIL
DATE: JANUARY 23, 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 waive the second reading by title only and adopt an Ordinance amending Municipal Code Chapter 7.65 of Title 7 pertaining to hotel, motel and motor lodge occupancy regulations.
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. It was unanimously introduced by City Council at the meeting on January 9th.
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. 9 (E)
REPORT TO THE CITY COUNCIL
DATE: JANUARY 23, 2024
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF KING CITY COMMUNITY POWER
DISCOUNT FOR MASTER METERED ACCOUNTS
RECOMMENDATION:
It is recommended the City Council approve providing King City Community Power (KCCP) master metered accounts with the 1% percent rate reduction provided to commercial accounts.
BACKGROUND:
At the November 28, 2023 meeting, staff and Pilot Energy (“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 researched and developed recommendations on how to purchase and distribute gift cards, which were presented to the City Council at the January 9th meeting. One area that presented a difficulty was master metered residential accounts, such as mobile home parks. Therefore, recommendations to address these accounts are presented for consideration at this time.
DISCUSSION:
There are only a few accounts in this category. They operate with a master account, which means the owner pays the entire electricity bill and then bills each unit separately based upon some type of agreement. Therefore, there is no way to know how much each unit is paying or how to issue them a gift card.
Item No. 9(F)
REPORT TO THE CITY COUNCIL
DATE: JANUARY 23, 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 DECEMBER 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 (G)
REPORT TO THE CITY COUNCIL
DATE: JANUARY 23, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF TEMPORARY HOMELESS SHELTER
PROGRAM FUNDING MEMORANDUM OF UNDERSTANDING
RECOMMENDATION:
It is recommended the City Council: 1) approve and authorize the City Manager to execute a modified Memorandum of Understanding (MOU) with the County of Monterey, Coalition of Homeless Services Providers and Step Up on Second Street, Inc. for funding for the cost of the temporary homeless shelter program; and 2) authorize the City Manager to make any non-substantive changes needed in a form approved by the City Attorney.
BACKGROUND:
At the last meeting, the City Council approved an extension of the lease for 18 rooms at the Monarch Inn for a temporary homeless shelter program and an MOU with the County, Homeless Coalition and Step Up for funding for the program. At a meeting with representatives of the parties involved in the MOU, it was decided to make minor modifications to the allocation amounts from some of the funding sources. Therefore, the MOU has been modified for City Council approval of the updated document.
DISCUSSION:
The only changes are a small reduction in the funding that will be drawn down from the Homeless Coalition HHAP funds and a small increase in funding from the County HHAP funds for the interim homeless shelter program. All parties have agreed to the terms of the MOU, but it will still need to be processed and approved by the County Board of Supervisors once approved by the City Council.
CITY COUNCIL
CONSIDERATION OF TEMPORARY HOMELESS SHELTER PROGRAM
FUNDING MEMORANDUM OF UNDERSTANDING
JANUARY 23, 2024
PAGE 2 OF 3
COST ANALYSIS:
No expenditures of City General Fund monies are proposed. The revised funding plan reflected in the MOU is as follows:
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 $327,281.05
Homeless Coalition HHAP Round 2 $47,942.95
County of Monterey HHAP Round 3 $81,000.00
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.
ALTERNATIVES:
The following alternatives have been identified for City Council consideration:
1. Approve staff’s recommendations;
2. Direct staff to pursue other changes to the terms of the MOU;
3. Do not approve the funding changes; or
4. Provide staff other direction.
Exhibit 1
Item No. 11 (A)
REPORT TO THE CITY COUNCIL
DATE: JANUARY 23, 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) waive the second reading by title only and adopt 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; and 2) approve a Memorandum of Understanding by and between the City and Waste Management, Inc. (WM) setting forth the responsibilities of both parties in the process.
BACKGROUND:
One of the factors in the calculation of annual WM rate increases for refuse and recycling services under the terms of the current franchise agreement is loss of revenue due to delinquent payments. WM 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, 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 special assessment 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.
CITY COUNCIL
CONSIDERATION OF AN ORDINANCE ESTABLISHING CHAPTER 8.41, OF TITLE 8, SPECIAL ASSESSMENT FOR UNPAID BILLING FOR REFUSE AND
RECYCLING SERVICES
JANUARY 23, 2024
PAGE 2 OF 4
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 special assessment process for refuse and recycling delinquent accounts to lower rates in the future. The Ordinance was drafted and presented to the City Council at the January 9, 2024 meeting, which was unanimously introduced. It is now being presented for adoption.
DISCUSSION:
The City has been reluctant to implement a 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 an MOU, which is also being presented for City Council consideration. The MOU between WM and the City sets forth the responsibilities of both parties in the process. The process has been designed to minimize the impact on City staff resources by assigning most of the responsibilities to WM. WM will mail 4 warnings to each customer and property owner with delinquent accounts and a notification of a public hearing.
Once the deadline is passed, the debt will be transferred to the City and no additional payments will be accepted to prevent the City from having to process customer payments.
CITY COUNCIL
CONSIDERATION OF AN ORDINANCE ESTABLISHING CHAPTER 8.41, OF TITLE 8, SPECIAL ASSESSMENT FOR UNPAID BILLING FOR REFUSE AND
RECYCLING SERVICES
JANUARY 23, 2024
PAGE 3 OF 4
The public hearing is required and will be held by the City Council in June to approve the assessments to be placed on property tax bills. The assessments would also include a fee to reimburse the cost of any City staff time spent on the process.
Prior to the meeting, staff conducted a significant amount of outreach to the community to 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 also appeared in the City newsletter regarding the second reading.
It is proposed that the debt applied to the first special assessment 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.
Based on the recommendations, the following schedule of key dates apply to the process, which includes a minor modification from the one provided at the prior meeting:
July 1, 2024 First billing period applicable to the new special assessment process.
September 1, 2024 First customer invoices issued that will be applied to the special assessment 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 June 1
st to pay past due amount to avoid debt being sent to
the City for a special property tax assessment.
June 1-7, 2025 WM will provide the final list of delinquent accounts to the City and City will distribute a public hearing notice.
June 15 - 30, 2025 City Council will hold a public hearing to provide an opportunity for customers to protest delinquent debt
assessments.
July 2025 City will submit assessment amounts to the County Assessors Office for the tax roll.
EXHIBIT 1
EXHIBIT 2
Item No. 11(B)
REPORT TO THE CITY COUNCIL
DATE: JANUARY 23, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, PUBLIC WORKS DIRECTOR/CITY
ENGINEER
RE: CONSIDERATION OF AWARD OF A CONSULTANT SERVICES
AGREEMENT FOR PROJECT APPROVAL & ENVIRONMENTAL
DOCUMENT (PA&ED) FOR THE SAN ANTONIO DRIVE PATH
AND SAFE ROUTES TO SCHOOLS IMPROVEMENTS PROJECT
RECOMMENDATION:
It is recommended the City Council authorize the City Manager to execute a consultant services agreement up to a not to exceed amount of $349,176.44 in a form approved by the City Attorney with Kimley Horn & Associates Inc. for preparation of the Project Approval & Environmental Document (PA&ED) Phase of the San Antonio Drive Path and Safe Routes to Schools Improvement Project.
BACKGROUND:
In 2023, City was awarded a $11,043,000 Active Transportation Program (ATP) Cycle 6 Small Urban & Rural Component grant for the San Antonio Drive Path and Safe Routes to Schools Improvements Project.
The project proposal includes 1.6 miles of paved bicycle and pedestrian paths along San Antonio Drive and Broadway Street; intersection improvements on Broadway Street at Fransiscan Way, Canal Street and Mildred Avenue; and safe routes to school improvements throughout portions of the City that include ADA curb ramps and sidewalk gap closures. The initial proposed concept for intersection improvements consists of small roundabouts.
CITY COUNCIL
CONSIDERATION OF AWARD OF A CONSULTANT SERVICES
AGREEMENT FOR PROJECT APPROVAL & ENVIRONMENTAL DOCUMENT (PA&ED) FOR THE SAN ANTONIO PATH & SAFE ROUTES TO SCHOOLS
PROJECT
JANUARY 23, 2024
PAGE 2 OF 5
On September 26, 2023, the City released a Request for Proposal for the PA&ED Phase of the San Antonio Drive Path and Safe Routes to Schools Improvement Project. The RFP was posted on the City website and uploaded to Public Purchase website for thirty days. At the time of the submittal deadline, the City received one proposal from Kimley Horn & Associates Inc. After the selection review committee completed the evaluation of the RFP response, a high ranking was scored and the Committee proceeded with a recommendation to award.
DISCUSSION:
The project will reduce the number of travel lanes along San Antonio Drive, shorten pedestrian crossing distances, and mitigate exposure to motorized traffic by installing a protected bike trail. This project will improve pedestrian and bicyclist connectivity as illustrated in the location map below.
CITY COUNCIL
CONSIDERATION OF AWARD OF A CONSULTANT SERVICES
AGREEMENT FOR PROJECT APPROVAL & ENVIRONMENTAL DOCUMENT (PA&ED) FOR THE SAN ANTONIO PATH & SAFE ROUTES TO SCHOOLS
PROJECT
JANUARY 23, 2024
PAGE 3 OF 5
The Project Approval & Environmental Document (PA&ED) Phase includes the constructability review of the project in conformance with the California Environmental Quality Act (CEQA). It will establish project limits and identify mitigation measures, the proposed work plan, schedule, environmental requirements, and construction impacts.
This phase also includes concept phase approval to determine the preferred intersection control alternative at Franciscan Way, Canal Street and Mildred Avenue. The initial grant application included design concepts for small roundabouts at each intersection to coordinate with the primary roundabout at Broadway Street and San Antonio Drive. The study will determine if the roundabout concept will work effectively or if other alternatives are preferred. To make this determination, the consultant will evaluate intersection operations and develop conceptual intersection control alternatives, concept level drawings, and an estimate of probable construction costs.
The consulting firm will be responsible for the following services:
1. Project Approval and Environmental Document (PA/ED): Project management, coordination and documentation concluding with the submittal of a Request for Authorization for the Plans, Specifications and Estimate (PS&E) phase and the Baseline Agreement. Project management services will include, but not be limited to, project administration, team/agency coordination, project schedule preparation, monthly progress meetings and reports, and overall leadership to ensure project success.
2. Public Outreach and Stakeholder Meetings and Coordination: Preparation of a Community Engagement Strategy to inform and seek input from the community, coordinate with other agencies, and provide presentations to the Planning Commission and City Council. Public outreach services assume two public workshops and one presentation at a combined Planning Commission and City Council meeting. The consultant will prepare any necessary presentation exhibits and documents for the concept phase approval based on the ICE equivalent report. They will also coordinate with Monterey Salinas Transit (MST) for all adjacent transit facilities on San Antonio Drive, Broadway Street and Mildred Avenue.
3. Facility Mapping and Coordination with Utilities: Review and analyze facilities along the project scope area to determine any impacts and provide conflict resolution. This will include utility identification, relocation, and coordination services. The consultant will provide any necessary survey and base
CITY COUNCIL
CONSIDERATION OF AWARD OF A CONSULTANT SERVICES
AGREEMENT FOR PROJECT APPROVAL & ENVIRONMENTAL DOCUMENT (PA&ED) FOR THE SAN ANTONIO PATH & SAFE ROUTES TO SCHOOLS
PROJECT
JANUARY 23, 2024
PAGE 4 OF 5
mapping. Using the conceptual plan exhibits as a starting point, the Project Team will further develop these into advance planning drawings for concept phase approval and to determine whether roundabouts are the preferred alternatives at the Franciscan Way, Canal Street and Mildred Avenue intersections.
4. Geotechnical Services: Provide draft and final Geotechnical Report.
5. Prepare NEPA and CEQA environmental documents, technical studies, etc.
The consultant will prepare the Administrative Draft Initial Study, analyze subject areas and required topics from the CEQA checklist, and address any impacts. They will also prepare necessary specific studies and/or technical memos to support the findings of the Initial Study. This phase will include Tribal Cultural Resources Consultation assistance, public review of the draft Initial Study/MND, Mitigation Monitoring and Reporting Program and responses to public/agency comments, required notices and document submittals assistance, environmental coordination and attending meetings.
The consultant team will then prepare the CEQA document for necessary clearance, but the City will be signatory and will review and assist as needed.
6. Preliminary Engineering: Refinement of the design concept. The consultant will prepare preliminary engineering drawings, 30% Design/GAD, drainage and stormwater analysis, and urban design palate concepts (preliminary and preferred landscaping and hardscape concept designs).
The objective is to receive approval from Caltrans on the PA&ED in order to proceed with the next phase, which will be solicitation of a consultant to prepare the PS&E (Construction Drawings).
COST ANALYSIS:
This contract for the PA&ED shall not exceed $349,176.44. The project has an approved allocation of $350,000 under PA&ED grant allocation. The cost for the services will be reimbursable under the ATP grant.
ENVIRONMENTAL REVIEW:
The purpose of the recommended action is to contract for services that will be part of the environmental review process. Therefore, it is not a project for the purposes of CEQA and does not require any action by the City Council with regard to an environmental determination at this time.
29 EXHIBIT 1
REQUEST FOR PROPOSAL
San Antonio Drive Path and Safe Routes to Schools Project
SEE BELOW
MATCHLINE
MATCHLINE
SEE ABOVE
East leg of roundabout updated to
provide connection to Broadway
Street road diet and multi-use path
Provide driveway access to cemetery
Northeast curb return updated to provide connection to
multi-use path & protect City entrance sign
Access to King
City High School
East leg of roundabout updated to provide connection
to Broadway Street road diet and multi-use path
Provide driveway
access for large trucks
Access to King
City High School
See Section Rendering below
Downtown Streetscape Plan Intersection
Improvements Project
Broadway St
San Antonio Dr
Franciscan Wy
Broadway St
San Lorenzo St
S. Mildred Ave
Intersection Control
alternatives to be
evaluated during
PA&ED phase
Intersection Control
alternatives to be evaluated
during PA&ED phase
Intersection Control
alternatives to be
evaluated during
PA&ED phase
28 Intersection Control
alternatives to be
evaluated during
PA&ED phase
Proposed San Antonio Road Diet & Bike Path Layouts
Overall Network Map
San Antonio Dr
Amherst Drive
Bedford Avenue
Willow Street
Broadway Street
0 Scale 1” = 300’
450
Feet
150 300
Connect to
existing path Project Area Boundary
Project Area Boundary
Separate Project:
San Antonio/Broadway/US
101 Roundabout
Typical Street Sections
San Antonio Drive (near Willow Ave) PROPOSED PROPOSED EXISTING EXISTING San Antonio Drive (near Amherst Dr)
5’ 14’ Sidewalk5’ 4’ 12’ 12’ 5’ Buffer Bike Path Class I Buffer Travel Lane Travel Lane 58’
(E) Sidewalk
(E) Landscape
5’ 24’ Sidewalk
SidewalkLandscape
24’ 5’
Travel LaneTravel Lane
5’ 14’
(E) Sidewalk
(E) Landscape
Sidewalk
8’ 8’ 12’ 12’ 12’ 5’
Buffer
Bike PathClass I
Buffer
Travel LaneTurn LaneCenterTravel Lane
76’
5’ 14’ Sidewalk
Sidewalk
12’ 14’ 12’ 14’ 5’
Travel LaneTravel LaneTurn LaneCenterTravel LaneTravel LaneLandscape Willow Avenue
Amherst Drive
0 75
Feet
25 50
0 75
Feet
25 50
Additional Plan Area Enlargements
Bedford Avenue
Mildred Avenue
San Antonio Drive
Broadway Street
US 101 On-Ramp US 101 Off-Ramp
C
B
A
A B
C
Bus Stop
KEY MAP
0 75
Feet
25 50
0 75
Feet
0 75 25 50
Feet
25 50
Separate Project:
San Antonio/Broadway/US
101 Roundabout
BROADWAY ST
SAN ANTONIO DR
FRANCISCAN WAY
BROADWAY ST
CANAL ST
Separate Project:
San Antonio/Broadway/US
101 Roundabout
Intersection Control
alternatives to be
evaluated during
PA&ED phase
Intersection Control
alternatives to be
evaluated during
PA&ED phase
BROADWAY ST
S SAN LORENZO ST
S MILDRED AVE
N MILDRED AVE
N SAN LORENZO ST
BROADWAY BULBOUT
IMPROVEMENTS PROJECT
INSTALL CLASS II BIKE LANES
ALONG MILDRED AVE
TO SAN ANTONIO DRIVE
Intersection Control
alternatives to be
evaluated during
PA&ED phase
N MILDRED AVE
INSTALL CLASS II BIKE LANES
ALONG MILDRED AVE COLLINS ST WILLOW ST
N MILDRED AVE
INSTALL CLASS II BIKE LANES
ALONG MILDRED AVE KING ST HERITAGE CT HERITAGE CT SAN ANTONIO DR Proposed Broadway Street Road Diet & Bike Path Layouts
Broadway Street (Existing - San Antonio to Franciscan Way) Broadway Street (Existing - Franciscan Way to Mildred Ave) Mildred Avenue (Existing)
Ex. Sidewalk
Curb & Gutter
ROW
58'
Bike
Path
Ex. Sidewalk
Curb & Gutter
Broadway Street (Proposed - San Antonio to Franciscan Way) Ex. Sidewalk
Curb & Gutter
ROW
64'
Bike
Path
Ex. Sidewalk
Curb & Gutter
Broadway Street (Proposed - Franciscan Way to Mildred Ave) Ex. Sidewalk
Curb & Gutter
ROW
70'
Class II
Bike Lane
Ex. Sidewalk
Curb & Gutter
Class II
Bike Lane
Mildred Avenue (Proposed)
San Antonio Drive Path and Safe Routes - Schedule EXHIBIT 2 1 01222.0001/643601.1
CITY OF KING
CONTRACT PROFESSIONAL SERVICES AGREEMENT
THIS CONTRACT PROFESSIONAL SERVICES AGREEMENT (herein “Agreement”) is made and entered into this day of 2024, by and between the CITY OF KING, a municipal corporation (“City”) and Kimley Horn & Associates (herein “Consultant”).
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 California Labor Law. If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.
1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.
2. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “B” and incorporated herein by this reference, but not exceeding the maximum contract amount of Three hundred forty-nine thousand, one hundred seventy-six and forty-four cents. ($349,176.44) (“Contract Sum”).
2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “B” and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such EXHIBIT 3
2 01222.0001/643601.1
categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of _____________________($______) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “C” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.
3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay 3 01222.0001/643601.1
when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding 1 year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “C”).
4. COORDINATION OF WORK
4.1 Representative of Consultant. is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.
4.2 Contract Officer. [or such person as may be
designated by the City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).
4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.
4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.
5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in 4 01222.0001/643601.1
an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
I Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and certified endorsements for each subcontractor.
All coverage for subcontractors shall include all of the requirements stated herein.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
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(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 6 01222.0001/643601.1
(l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity to the extent arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or to the extent arising from Consultant’s or indemnitors’ reckless or willful misconduct, or to the extent arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
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6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.
6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.
6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.
6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. section 101, such documents and materials are hereby deemed “works made for hire” for the City.
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7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Monterey, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California.
7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.
7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. The Consultant shall be entitled to compensation for all services rendered prior to the effective date of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of termination, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “B”. In 9 01222.0001/643601.1
the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
8. MISCELLANEOUS
8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultantshall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.
8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of King, 212 S Vanderhurst Ave, King City, CA 93930, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.
Either party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
8.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.
8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties 10 01222.0001/643601.1
hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
8.6 Waiver. No delay or omission in the exercise of any right or remedy by nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.
8.8 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.9 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials
8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering 11 01222.0001/643601.1
into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures On The Following Page]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF KING, a municipal corporation
Steven Adams, City Manager
ATTEST:
Erica L. Sonne, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Roy C. Santos, City Attorney
CONSULTANT:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY
NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. 13 01222.0001/643601.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF MONTEREY
On , 2023 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
14 01222.0001/643601.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF MONTEREY
On , 2023 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01222.0001/643601.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
1. Project Approval and Environmental Document (PA/ED): Project management, coordination and documentation concluding with the submittal of Request for Authorization for the PS&E phase and the Baseline Agreement. Project management services, including but not limited to, project administration, team/agency coordination, prepare project schedule, monthly progress meetings and reports, and overall leadership to ensure project success.
2. Public Outreach and Stakeholder Meetings and Coordination: Prepare a Community Engagement Strategy to engage with the community and coordination with other agencies and presentations to Planning Commission and City Council. Public outreach services; assume two public workshops and one presentation at the City’s Planning Commission and City Council combined meeting. Prepare any necessary presentation exhibits and documents in preparation for concept phase approval based on ICE equivalent report. Coordinate with Monterey Salinas Transit (MST) for all adjacent transit facilities on San Antonio Drive, Broadway St and Mildred Avenue.
3. Facility Mapping and Coordination with Utilities: Review and analyze facilities along the project scope to determine any impacts and provide conflict resolution. Provide utility identification, relocation, and coordination services. Perform any necessary survey and base mapping. Using the conceptual plan exhibits as a starting point, Project Team is to further develop these into advance planning drawings, for concept phase approval to determine whether roundabouts are the preferred alternatives in Franciscan Way, Canal St and Mildred Avenue.
4. Geotechnical Services: Provide draft and final Geotechnical Report.
5. Prepare NEPA and CEQA environmental documents, technical studies, etc. Prepare an Admin Draft Initial Study analyze subject areas and required topics from the CEQA checklist and address any impacts. Prepare any necessary specific studies and/or technical memos to support the findings of the Initial Study. Tribal Cultural Resources Consultation assistance, public review draft Initial Study/MND, Mitigation Monitoring and Reporting Program and Responses to public/agency comments, required notices and document submittals assistance, environmental coordination and attending meetings. Consultant team to prepare CEQA document for necessary clearance but City will be signatory and will review and assist as needed.
6. Preliminary Engineering: Refine the design concept. Preparation of preliminary engineering drawings, 30% Design/GAD. Drainage and stormwater analysis, urban design palate concepts (preliminary and preferred landscaping and hardscape concept designs). 01222.0001/643601.1 B-1
EXHIBIT “B”
SCHEDULE OF COMPENSATION
I. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as a part of the final payment upon satisfactory completion of services.
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.
III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
IV. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
V. Consultant’s billing rates for all personnel are attached as Exhibit B-1.
EXHIBIT “C”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule attached as Exhibit C-1.
II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
01222.0001/643601.1 B-2