AGENDA
REGULAR MEETING OF THE
CITY OF KING CITY COUNCIL
AND
Sitting as SUCCESSOR AGENCY OF
THE RDA FOR THE CITY OF KING
TUESDAY May 14, 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.
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Passcode: 052933
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* Please submit all correspondence for City Council PRIOR to the meeting with a copy to the City Clerk.
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
National Public Works Week Proclamation
5(A) NATIONAL PUBLIC WORKS WEEK.PDF
PUBLIC COMMENT
1. 2.
3. 4.
5. A.
Documents:
6 National Public Works Week Proclamation
5(A) NATIONAL PUBLIC WORKS WEEK.PDF
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 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 Any Council Member, the City Manager, or the City Attorney may request that an item be withdrawn from the Consent Agenda to allow for full discussion.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 Items withdrawn from the Consent Agenda may be considered by separate motions at the conclusion of the discussion of each item.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 April 23, 2024 City Council Meeting Recommendation: receive and file.
9(A) 04-23-2024 MINUTES_.PDF
Consideration: City Of King Check Register April 16, Through April 30, 2024 Recommendation: receive and file
9(B) CC CITY AP 051424.PDF
Consideration: An Ordinance Amending Chapter 7.26 Of Title 7 Of The King City Municipal Code Regarding Public Parks Regulations
Recommendation: waive the second reading by title only and adopt Ordinance Amending Chapter 7.26 of Title 7 of the King City Municipal Code Regarding Public Parks Regulations.
9(C) PARK HOURS ORDINANCE.PDF
Consideration: King City Police Department Annual Report On Military Weapons For Reporting Period March 162023Through May 142024
A.
Documents:
6. 7.
8. 9.
A.
Documents:
B.
Documents:
C.
Documents:
D.
9(C) PARK HOURS ORDINANCE.PDF
Consideration: King City Police Department Annual Report On Military Weapons For Reporting Period March 16, 2023, Through May 14, 2024
Recommendation: approve the King City Police Department Annual Report on Military Weapons.
9(D) 5-14-2024 STAFF REPORT MILITARY WEAPONS - CAPT EDITS.PDF Consideration: Amendment To The Master Fee Schedule
Recommendation: adopt a Resolution amending the Master Fee Schedule to adjust fees for Summer Day Camp program.
9(E) MASTER FEE SCHEDULE - SUMMER DAY CAMP FEE
CORRECTION.PDF
Consideration: City Of King KCCP Payments For The Month Of April 2024 Recommendation: receive and file.
9(F) CC CITY AP KCCP 051424.PDF
PUBLIC HEARINGS
Consideration: Unfunded Priority Needs Plan
Recommendation: 1) consider public comments; 2) approve the Unfunded Priority Needs Plan; and 3) direct staff to prepare a Local Sales Tax Measure for Council to consider placing on the November 2024 ballot.
10(A) UNFUNDED PRIORITY NEEDS PLAN.PDF
Consideration: An Ordinance Of The City Of King Amending Chapter 17.03 Of Title 17 Of The King City Municipal Code Pertaining To Commercial Cannabis Activity Recommendation: introduce to be read by title only an Ordinance amending provisions Chapter 17.03 of Title 17 of the King City Municipal Code pertaining to commercial cannabis activity to allow cannabis storefront dispensaries within the City , open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve introduction of the Ordinance.
10(B) CANNABIS DISPENSARY APPLICATION PACKAGE.PDF
REGULAR BUSINESS
Consideration: Implementation Of AB 413 State Parking Restriction Requirements Recommendation: 1) receive a presentation on the impacts of AB 413 restricting parking adjuacent to intersections; 2) consider alternative approaches to responding to the new State requirements; and 3) direct staff to delay any implementation measures Documents:
D.
Documents:
E.
Documents:
F.
Documents:
10. A.
Documents:
B.
Documents:
11. A.
10(B) CANNABIS DISPENSARY APPLICATION PACKAGE.PDF
REGULAR BUSINESS
Consideration: Implementation Of AB 413 State Parking Restriction Requirements Recommendation: 1) receive a presentation on the impacts of AB 413 restricting parking adjuacent to intersections; 2) consider alternative approaches to responding to the new State requirements; and 3) direct staff to delay any implementation measures until October 2024 and work on efforts to seek amendments to the State legislation. 11(A) STATE PARKING RESTRICTION STAFF REPORT.PDF
Consideration: Extension Of The Interim Temporary Homeless Shelter Program Recommendation: 1) approve and authorize the City Manager to amend the lease agreement for the Monarch Inn through February 11, 2025 and increase the number of rooms leased to 20; 2) approve and authorize th City Manager to amend the Memorandum of Understanding (MOU) with the County of Monterey, Coalition of Homeless Services Providers and Step Up for funding for the cost of the program; and 3) authorize the City Manager to execute extension of agreements with Magic Cleaning Services and Benitez Security Services, Inc. for cleaning and security. 11(B) INTERIM HOMELESS PROGRAM EXTENSION.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.
Public Employee Perfomance Evaluation Pursuant To Government Code Section 54957 Conference With Legal Counsel - Liability Claims (Pursuant To Government Code Section 54956.95) Consideration Of Claim No. 2023-007 Claim Alleging A Bolt Flipped Up While Weed Eating And Broke The Window..
Conference With Legal Counsel - Liability Claims (Pursuant To Government Code Section 54956.95) Consideration Of Claim No. 2024-003 Claim Alleging Severe Injuries From An Incident Where An Amtrack Train Struck A Truck.
Conference With Legal Counsel - Anticipated Litigation Pursuant To Government Code Section 54956.9. Cases: 1
ADJOURNMENT
The City of King is an equal opportunity provider and employer.
11. A.
Documents:
B.
Documents:
12. A.
B.
C.
D.
13. 5(A)
City Council Meeting
April 23, 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 member Rob Cullen, Council members Oscar Avalos.
City Staff: City Manager Steve Adams; City Attorney Roy Santos; City Clerk, Erica Sonne.
3.__FLAG SALUTE:
The flag salute was led by Mayor LeBarre.
4. CLOSED SESSION ANNOUNCEMENTS:
None
5.__SPECIAL PRESENTATIONS:
A. Collins Street Salinas Valley Safe Routes to Schools Pilot Project Presentation from Amelia Conlen from TAMC. City Council is in favor of this project.
6. PUBLIC COMMUNICATIONS:
John McPherson, Executive Director of Alliance on Aging came to announce that they are working on a local age and disability action plan.
Tim Morland, Vertis Director of Compliance, he was here to talk about a Notice of Violation for a variety of issues dealing with Water Discharge with fines up to $1000.00 a day and how they could work it out so they don’t get fines from now until August when they can get on the docket for the waterboard. He can promise continued coordination with the City to get this done. It is very important to them. They hire a lot of King City residents. He was informed that he should come and ask to have a formal hearing on the next agenda.
Jonas, moved here, his mother moved here and his significant other. He is committed to the project. The economics of greenhouse taxes is going to be their undoing. He is working from 6a.m. – 6p.m. 7 days a week to make this project work. He would like to get his taxes decreased. Monterey only charges $1.50 and King City charges $5.00. He wants to stay here but it will be difficult if his taxes stay up.
7. COUNCIL COMMUNICATIONS:
Council Member DeLeon stated he had nothing to report tonight.
Mayor Pro Tem Victoria stated he had nothing to report tonight.
Council Member Avalos thanked all for attending the Fair Kick-off dinner that was interrupted with a power outage. They are working on something for the live auction to continue. 9(A)
Council Member Cullen stated that it was unfortunate that the electricity went out, however the emergency lights came on and you were able to see where you were walking. He gave a suggestion for the live auction. The Solid Waste Authority cleanup event was very successful. The rate hearing for Waste Management is set for May 28th. Community Foundation Meeting he was on just before coming to this meeting. He will be doing a virtual boot camp tomorrow, Thursday and Friday. Monterey Business Gala Event is Friday he will be attending representing King City.
Mayor LeBarre stated late last week he had a meeting with the Department of Transportation for Multimodal project. Last MST meeting getting an update on the circular here in town. He asked that they look into bringing it in on Saturdays. The Monterey Bay Air Resources District meeting he found out that they are offering incentives for Cities $20,000 for new vehicles and $15,000 for used vehicles for electric vehicles exchange for medium, heavy duty and light vehicles.
8. CITY STAFF REPORTS AND COMMENTS:
City Manager Adams stated he wanted to remind the Council that we have the Unfunded Community needs video out for sharing. He also stated that there was a field trip of the Portola Butler students of City Hall, Police Department, and Fire Department with a meet and greet with the Mayor.
City Attorney Santos had nothing to report tonight.
9. CONSENT
A. Consideration: Meeting Minutes of April 9, 2024, Council Meeting B. Consideration: City of King Check Register April 1, through April 15, 2024 C. Consideration: King City Chamber of Commerce & Agriculture City-Wide Yard Sale and Sidewalk Sale
D. Consideration: Riverview Gardens Landscape Maintenance District Annual Assessment for Fiscal Year 2024-25
Action: Motion to approve consent agenda items A -D by Victoria seconded by Avalos.
AYES: Council Members: LeBarre, DeLeon, Victoria, Cullen, Avalos NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
10. PUBLIC HEARINGS:
A. Consideration: An Ordinance Amending Chapter 7.26 of Title 7 of the King City Municipal Code Regarding Public Parks Regulations
City Manager Adams introduced the Ordinance amending Chapter 7.26 of Title 7 of the King City Municipal Code pertaining to public park hours stating an addition of the tennis courts to the ordinance and a copy is before them and available for the public.
Mayor LeBarre read the title of the ordinance into the record.
Mayor LeBarre opened the hearing, hearing and seeing no one come forward, Mayor LeBarre closed the public hearing.
Action: Motion to waive first reading of the Ordinance and approve the introduction of the Ordinance with revised additions by Cullen seconded by Victoria.
AYES: Council Members: LeBarre, DeLeon, Victoria, Cullen, Avalos NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
11. REGULAR BUSINESS
A. Consideration: FY 2023-24 Mid-Year Financial Report and Consideration of Mid-Year Budget Adjustments
Finance Director Mike Howard further introduced this item.
Action: Motion for City Council to receive and accept the City’s Fiscal Year 2023-24 Mid-Year Financial Progress Report and approve the Mid-Year Budget Adjustments by Cullen seconded by Avalos.
AYES: Council Members: LeBarre, DeLeon, Victoria, Cullen, Avalos NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
12. CITY COUNCIL CLOSED SESSION
A. Conference with Legal Counsel – Pending Litigation Pursuant to Government Code Section 54956.9(d). Case: HCD v. SHANGRI-LA INDUSTRIES LLC; ET AL Case # 24STCV00629 ADJOURNMENT:
Mayor LeBarre adjourned the meeting at 6:48p.m. to closed session and adjourned the meeting at 7:20p.m.
Approved Signatures:
Mayor Mike LeBarre City Clerk, Erica Sonne
City of King City of King
Item No. 9(B)
REPORT TO THE CITY COUNCIL
DATE: MAY 14, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER APRIL
16 THROUGH APRIL 30, 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: MAY 14, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER
7.26 OF TITLE 7 OF THE KING CITY MUNICIPAL CODE
REGARDING PUBLIC PARKS REGULATIONS
RECOMMENDATION:
It is recommended the City Council waive the second reading by title only and adopt an Ordinance amending Chapter 7.26 of Title 7 of the King City Municipal Code pertaining to public park hours.
BACKGROUND:
With the development of the new Mills Ranch Central Park about to begin, staff have been reviewing park rules. As a result, a recommendation has been identified to modify public park hours set forth in the Municipal Code.
Current Municipal Code provisions prohibit the public from being in the public parks from 10:00 p.m. to 6:00 a.m. unless approved by the City Manager. Staff recommends this be amended to be dusk to dawn, which is the typical restriction in many cities. The recommendation was presented to the Parks and Recreation Commission at their meeting on April 15th, and a recommendation to the City Council to adopt the change was approved. The City Council introduced the Ordinance at the April 23, 2024 meeting.
DISCUSSION:
The current prohibition starting at 10:00 p.m. results in a significant period of time when the parks are open to the public during dark hours, and many of the parks are not well lit. This is a particular concern during winter hours when the after dark period can exceed 4 hours. The City experiences a significant amount of vandalism at the parks, which increases during nighttime hours. It also raises concerns of other criminal activity and can result in disturbances to neighboring residents.
Item No.: 9(D)
STAFF REPORT
DATE: MAY 14, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMES HUNT, CHIEF OF POLICE
RE: CONSIDERATION OF KING CITY POLICE DEPARTMENT
ANNUAL REPORT ON MILITARY WEAPONS FOR REPORTING
PERIOD MARCH 16, 2023 THROUGH MAY 14, 2024
RECOMMENDATION:
It is recommended City Council approve the King City Police Department Annual Report on Military Weapons.
BACKGROUND:
Assembly Bill 481, codified in Government Code sections 7070 through 7075, requires law enforcement agencies to have a “military equipment” use policy adopted by ordinance in place by May 1, 2022, in order to fund, acquire, or use any military equipment. As a result, on April 28, 2022, City Council approved Urgency Ordinance No. 809 authorizing the addition of Policy 708 titled “Military Equipment” to the King City Police Department Policy Manual and codifying it in King City Municipal Code Chapter 7.70 titled “Military Equipment.” Government Code section 7072 requires a law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 to submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The report shall include, at a minimum:
• A summary of how the military equipment was used and the purpose of its use.
• A summary of any complaints or concerns received concerning the military equipment.
CITY COUNCIL
CONSIDERATION OF KING CITY POLICE DEPARTMENT ANNUAL REPORT ON MILITARY WEAPONS FOR REPORTING PERIOD MARCH 16, 2023 THROUGH MAY 14, 2024
PAGE 2 OF 3
• The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. • The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
• The quantity possessed for each type of military equipment. • If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
Additionally, within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting for the public to discuss and ask questions regarding the report and the agency’s use of military equipment.
DISCUSSION:
The King City Police Department held the community engagement meeting required per statute on April 10, 2024, at 5:30 PM in the Council Chambers.
The meeting was advertised on social media and was entered into the community calendar on the City of King website.
Pursuant to Government Code section 7072, the attached King City Police Department Memorandum (Attachment A) will serve as the King City Police Department annual report for military equipment use.
A change to this year’s report is the addition of Bravo Company MFG BCM 750 AR-15 Rifles. These purchases were approved last year but have not yet been delivered.
COST ANALYSIS:
There are no associated costs to approving the Annual Military Weapons Report. There are no plans for the purchase of additional military equipment during the next reporting period.
ENVIRONMENTAL REVIEW:
This matter is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as it does not have the potential for resulting in either a direct physical change to the environment, or a reasonably foreseeable indirect
Revised 08/17/21
MEMORANDUM
Date: May 14, 2024
TO: City Council
FR: Chief of Police James Hunt
RE: Annual Military Weapons Report March 16, 2023 – May 14, 2024 The King City Police Department possesses the following equipment in inventory that meets the definition of military equipment as described in Government Code section 7070.
• Skydio S2 Unmanned Aerial System (UAS)
• Skydio X2 Unmanned Aerial System (UAS)
• Remington 870 12-Guage Less Lethal Shotguns
• Colt AR-15 Patrol Rifles
• Colt M4 Patrol Rifles
• Bravo Company MFG BCM 750 AR-15 Patrol Rifles (On Order – Approved 2023)
Summary of Use and Purpose
Skydio S2 & X2 Unmanned Aerial Systems (UAS):
Purpose - To be deployed when its view would assist officers or incident commanders with the following situations, which include, but are not limited to:
• Major collision investigations.
• Search for missing persons.
• Natural disaster management.
• Crime scene photography.
• Public safety and life preservation missions.
• In response to specific requests from local, state or federal fire authorities for fire response and/or prevention.
Use – During this reporting period, the unmanned aerial systems were deployed on multiple missions including, but not limited to:
• Protect public safety by providing an aerial view for firefighters battling fires. • Protect public safety by providing an aerial view of illegal fireworks during the Fourth of July. Assisted with fire prevention and enforcement actions. 415 Bassett Street
King City, CA 93930
Phone 831.385.4848
Fax 831.385.4976
Attachment A
Revised 08/17/21
• Enhance officer safety by providing an aerial view of residences during tactical operations, service of search warrants and search for armed suspects.
Remington 870 12 – Gauge Less Lethal Shotguns:
Purpose - To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:
• Self-destructive, dangerous and/or combative individuals. • Riot/crowd control and civil unrest incidents.
• Circumstances where a tactical advantage can be obtained. • Potentially vicious animals.
• Training exercises or approved demonstrations.
Use – During this reporting period, the Remington 870 12-Guage Less Lethal Shotguns were deployed for use in the service of search warrants and incidents involving potentially armed and/or physically resistive subjects. However, no less lethal beanbag rounds were actually discharged at an individual.
Colt AR-15/M4 & Bravo Company MFG BCM 750 AR-15 Patrol Rifles:
Purpose – Allows officers to address lethal threats and heavily armed individuals from greater distances with greater precision.
Authorized Use: Situations for use of patrol rifles may include, but are not limited to:
• Confronting persons known to be armed.
• Service of search and/or arrest warrants.
• Yard searches for wanted people fleeing the police.
• Active shooter situations at schools, business, residences, etc.
Use – During this reporting period, the Colt AR-15 patrol rifles were deployed during the service of multiple search warrants, when dealing with subjects know to be armed and during searches for wanted individuals avoiding law enforcement contact. The Colt AR15 patrol rifles were displayed but no discharged. The Colt M4 patrol rifles were not deployed during this reporting period. Two (2) new Bravo Company MFG BCM 750 AR15 patrol rifles were ordered with Council’s approval of the 2023 Annual military weapons report but have not yet been delivered.
Summary of Complaints
There were no citizen complaints concerning the use of military equipment.
Results of Internal Audits
Revised 08/17/21
Skydio S2 Unmanned Aerial System:
All UAS deployments are reviewed by the sergeant managing the UAS team for compliance with department policy. After review, all deployments were determined to be in policy.
Skydio X2 Unmanned Aerial System:
All UAS deployments are reviewed by the sergeant managing the UAS team for compliance with department policy. After review, all deployments were determined to be in policy.
Remington 870 12-Gauge Less Lethal Shotguns:
All use of force incidents are reviewed at each level in the chain of command. The Remington 870 12-Guage Less Lethal Shotguns were displayed during this reporting period but not discharged. Each time they were displayed, a use of force report was generated and reviewed by the chain of command. After review, all deployments were deemed to be within policy.
Colt AR-15/M4 & Bravo Company MFG BCM 750 AR-15 Patrol Rifles:
All use of force incidents are reviewed at each level in the chain of command. The Colt AR-15 patrol rifles were displayed during this reporting period but not discharged.
Anytime they were displayed, a use of force report was generated and reviewed by the chain of command. After review, all deployments were deemed to be within policy. The Colt M4 patrol rifles were not deployed during this reporting period.
Violations of the Military Equipment Use Policy
There were no violations of the military equipment policy and, subsequently, no actions taken.
Total Annual Cost
Skydio S2 & X2 Unmanned Aerial Systems (UAS):
No new drones were purchased during this reporting period and there were no maintenance or training costs.
The Police Department uses AXON Air to manage the UAS Program. This service allows real time livestreaming of UAS video, integration with AXON Evidence and comprehensive program management tools for both UAS systems. The total annual cost for this service is $11,726.
The total annual cost of the UAS program during this reporting period totaled Revised 08/17/21
approximately $11,726.
Remington 870 12-Gauge Less Lethal Shotguns:
No new Remington 870 Shotguns were purchased during this reporting period nor was any new less lethal projectile ammunition.
A total of 80 less lethal projectile rounds were used for training during this reporting period. The ammunition used came from existing inventory and had a monetary value of $704.
No overtime hours were used during this reporting for less lethal shotgun training. All training was done while officers/sergeants were on their normally scheduled shifts.
The total annual cost of the Remington Less Lethal Shotguns totaled approximately $704.
Colt AR-15/M4 & Bravo Company MFG BCM 750 AR-15 Patrol Rifles. (2) new Bravo Company MFG BCM 750 AR-15 patrol rifles were ordered during this reporting period. The total cost to purchase and outfit the rifles was $1071.80.
No new rifle ammunition was purchased during this reporting period.
A total of 620 rifle rounds were used for training during this reporting period. The ammunition used came from existing inventory and had a monetary value of $390.
No overtime hours were used during this reporting for patrol rifle training. All training was done while officers/sergeants were on their normally scheduled shifts The total cost of the Colt AR-1/M4 & Bravo Company MFG BCM 750 AR-015 Patrol Rifles for this reporting period was approximately $1,461.80.
Quantity Possessed
• One (1) Skydio S2 Unmanned Aerial System (UAS)
• One (1) Skydio X2 Unmanned Aerial System (UAS)
• Eight (8) Remington 870 12-Guage Less Lethal Shotguns • Seven (7) Colt AR-15 Patrol Rifles
• Two (2) Colt M4 Patrol Rifles
• Two (2) Bravo Company MFG BCM 750 AR-15 Patrol Rifles (on order) Future Military Equipment Purchases
The King City Police Department has no plans to purchase any new military equipment during this reporting period.
Item No. 9 (E)
REPORT TO THE CITY COUNCIL
DATE: MAY 14, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF AMENDMENT TO MASTER FEE
SCHEDULE
RECOMMENDATION:
It is recommended the City Council adopt a Resolution amending the Master Fee Schedule to adjust the fee for the Summer Day Camp program.
BACKGROUND:
The City maintains a Master Fee Schedule of all user fees. Fees are based upon the cost to provide each service. At the September 26, 2023 meeting, the City Council approved amendment to the Master Fee Schedule to address ongoing inflationary increases in the City’s cost to provide its services.
Staff has discovered an error in the schedule involving fees for the Recreation Department Summer Day Camp Program. The prior fees were not reflected accurately. As a result, the increase resulted in a fee that would involve a much larger increase than was intended. Therefore, staff is recommending a new Master Fee Schedule be approved to correct the error.
DISCUSSION:
The Summer Day Camp fee listed in the Master Fee Schedule is $16 per day and $79 per week. The actual fee charged last summer was $10 per day and $50 per week. This would represent a 60% increase, but it was staff’s intent and recommendation to implement 5% increases for most fees. Therefore, the attached Resolution would modify the fee to be $11 per day and $55 per week.
COST ANALYSIS:
Enrollment would drop if the $16 fee were implemented, so the decrease in the fee will not decrease revenue.
RESOLUTION NO. 2024-4993
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING
APPROVING AN UPDATED MASTER FEE SCHEDULE
WHEREAS, the City of King maintains a Master Fee Schedule of all user fees; and WHEREAS, the purpose of user fees is for users of services to pay the cost of providing that service; and
WHEREAS, the Master Fee Schedule includes fees for the Summer Day Camp and other Recreation programs; and
WHEREAS, the City Council desires to correct an error in the Summer Day Camp fee.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of King hereby approves the Master Fee Schedule attached and included herein as Exhibit A to modify the Summer Day Camp fee.
This resolution was passed and adopted this 14th day of May, 2024 by the following vote:
AYES, Council Members:
NAYS, Council Members:
ABSENT, Council Members:
ABSTAIN, Council Members:
APPROVED:
______________________________
Mike LeBarre, Mayor
ATTEST:
__________________________________
Erica Sonne, City Clerk
APPROVED AS TO FORM:
__________________________________
Roy Santos, City Attorney
Item No. 9(F)
REPORT TO THE CITY COUNCIL
DATE: MAY 14, 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 APRIL 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. 10 (A)
REPORT TO THE CITY COUNCIL
DATE: MAY 14, 2023
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF UNFUNDED PRIORITY NEEDS PLAN
RECOMMENDATION:
It is recommended the City Council: 1) consider public comments; 2) approve the Unfunded Priority Needs Plan; and 3) direct staff to prepare a Local Sales Tax Measure for Council to consider placing on the November 2024 ballot.
BACKGROUND:
The City of King experienced a serious financial crisis over the past two decades and accumulated a $5 million negative balance in its General Fund by 2016.
Since then, the City has implemented a number of strategies to pay off its debt, which was accomplished in 2021. The City’s budget has remained balanced for several years and it has now accomplished the goal of establishing a financial reserve. Meanwhile, other major priorities were funded, including increasing public safety and revitalizing the downtown.
However, there are still major priorities that are unable to be addressed in the annual operating budget. Many of these items are the result of years of deferred maintenance and expenditures that occurred in the extended period of financial challenges. These items create an effect similar to the former negative fund balance because they represent key costs that must be addressed in the future and impact the long-term financial stability of the City.
At the January 10, 2023 meeting, the City Council approved a proposed community engagement process for pursuing a supplemental revenue source to address unfunded needs. The first step in the process was to develop a detailed plan for proposed future priority expenditures. Staff has titled it the Unfunded Priority Needs Plan. A draft was presented by staff and approved by City Council at the November 14, 2023 meeting. An extensive proposed community outreach was also approved. It was agreed to conduct the community outreach effort and
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then hold a public hearing at the May 14, 2024 meeting to review input received, provide direction to staff on any agreed upon changes, and then review and provide direction on a proposed revenue strategy to implement the plan.
DISCUSSION:
Summary of Unfunded Priority Needs Plan
The objective of the Plan is to increase transparency by presenting in detail the costs and funding necessary to address what staff have identified as the most important unmet needs in the future. It is proposed to be a 12-year plan, which is based on the projected timeframe to achieve all the goals identified.
The following five key categories of needs have been identified as the top priorities:
• Street Improvements:
It is proposed to perform a grind and overlay of every street with a PCI below 50 and a slurry seal project on all streets with a PCI of above 50 within a 12-year period. The Plan sets forth a detailed schedule of improvements for each street in the City.
• Police Staffing:
In order to continue the progress made in addressing gang and youth violence problems, it is proposed to fund one additional School Resource Officer position and one additional officer position.
• Deferred Maintenance of City Facilities:
An assessment of City facilities was prepared by staff, and a 12-year schedule is outlined for addressing the major deficiencies identified. The most significant cost item is renovation and remodel of the Recreation Center.
• Public Works Staffing:
An additional maintenance worker position is needed to maintain new parks that will soon be constructed at Mills Ranch and to better address overall maintenance needs.
• Long-Term Financial Stability:
The City’s long-range financial planning effort recently identified a need for additional funding to address long-term projected gaps between ongoing revenues and expenditures, to continue building adequate reserves, and to address unanticipated expenses.
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An important factor of the City’s Unfunded Priority Needs Plan is that it is heavily waited on capital improvements. Therefore, as the City addresses its infrastructure needs, the associated costs will gradually decrease and free up financial resources for other future financial challenges. As a result, it will help to maintain long-term financial stability well beyond the projected time frame of the Plan.
No changes were identified through the community outreach process. Therefore, it is recommended the City Council approve the final plan with no amendments.
Community Outreach
The community outreach effort has included the following items:
• A Stakeholder Group was formed to assist with the outreach effort and provide feedback.
• A full copy of the Plan was printed in both English and Spanish and distributed to each household.
• A comprehensive presentation of the Plan was provided at the State of the City Address by the Mayor and staff.
• An educational video was filmed and distributed on social media. Close to 300 views have occurred.
• A postcard summarizing the Plan and promoting the public hearing was printed and distributed to each household.
• A 30-second video spot summarizing the Plan and promoting the public hearing was produced and distributed on social media.
• An ad publicizing the Plan and public hearing was aired on KRKC. • A press release on the Plan and public hearing was issued. • Information was highlighted on the City website.
Revenue Strategies
The following revenue strategies and recommendations have been identified:
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CONSIDERATION OF UNFUNDED PRIORITY NEEDS PLAN
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Local Sales Tax:
It is recommended the City Council approve placing on the November ballot a ½ cent local sales tax measure. The advantages of this option include the following:
• The City’s local sales tax rate is lower than most other cities, particularly in the Central Coast region. Therefore, the tax rate will still be comparable to most other jurisdictions after the increase.
• The majority of revenue will be generated by people from outside the community who are visiting businesses adjacent to Highway 101 for gas and food. Therefore, it will reduce the tax burden on local residents. • It would generate roughly the amount of revenue needed to implement the Plan.
• Revenues will grow as the City is successful in improving the community and attracting new businesses and jobs. It also increases with inflation, which can help to address unanticipated increases in expenses.
Staff recommends the local sales tax measure be proposed as a general tax and not a special tax. This will mean the funds will not be restricted or earmarked for any specific use. It will become discretionary General Fund revenues for overall budget purposes. This is important to maintain flexibility, so it can potentially address other needs if economic or other circumstances change. Approval of a general tax will require a majority vote. A special tax would require a 2/3 vote.
Below are the results of a survey of existing sales tax rates for all cities in Monterey and San Luis Obispo counties:
City Amount
Greenfield 1 ¾ cents
Atascadero 1 ½ cents
Carmel 1 ½ cents
Del Rey Oaks 1 ½ cents
Grover Beach 1 ½ cents
Marina 1 ½ cents
Monterey 1 ½ cents
Morro Bay 1 ½ cents
Pacific Grove 1 ½ cents
Paso Robles 1 ½ cents
Salinas 1 ½ cents
San Luis Obispo 1 ½ cents
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Seaside 1 ½ cents
Soledad 1 ½ cents
Arroyo Grande 1 cent
Gonzales 1 cent
Pismo Beach 1 cent
Sand City 1 cent
King City 1 cent
Property Tax:
The primary feasible alternative to generate the funding needed would be a bond measure. If the Council selected this option, it is proposed that it be structured as a 12-year bond measure to avoid creating debt payments past the period of the proposed expenditures. Under this option, the City would issue bonds that would be repaid through property tax payments. The disadvantages of this option include the following:
• The full amount would be paid by King City property owners. • It would require a 2/3 voter approval.
• Both school districts are considering potential bond measures on the same ballot. It may be difficult to obtain voter approval for 3 bond measures, which would result in a significant property tax increase when the measures are combined.
• It would generate a defined amount of bond revenues set forth in the ballot measure, which cannot be adjusted for the period of the tax without another vote. Therefore, the revenues could be insufficient for the projected expenditures after several years if inflation occurs greater than anticipated. • Bond measures involve a significant amount of interest and debt issuance costs. Therefore, it would require taxing a higher amount to generate the same amount of revenue from a sales tax.
Cannabis Tax:
Cannabis taxes have been reduced due to the oversaturation of the cannabis industry. Therefore, this revenue source is decreasing and would be infeasible to generate the increase in revenues needed. It is also a very unstable revenue source.
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Transient Occupancy Tax:
TOT is too small of a revenue source to generate the amount of revenue needed from an increased rate.
Next Steps
If City Council directs staff to proceed with a sales tax measure, staff would draft a proposed measure and ballot argument, which would be presented to the City Council for comments at the June 11th meeting and for consideration of approval at the July 9
th meeting. The deadline for submitting a ballot measure to the County Elections Office is August 9th.
COST ANALYSIS:
A summary of the overall costs and associated revenue needs is presented on the last page of the Plan. It identifies that approximately $16.7 million in additional expenditures are needed over the 12-year period. An additional ½ cent sales tax would generate an initial annual amount of $1,250,000 escalated over time, which would result in over $17 million by the end of the 12-year period.
It is estimated that educational materials and the increased expense charged by the County Elections Office for the ballot measure will result in an increased cost to the City of $5,000 to $10,000.
ENVIRONMENTAL REVIEW:
The Plan is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as it does not have the potential for resulting in either a direct physical change to the environment or a reasonably foreseeable indirect physical change in the environment. Environmental review will be conducted on each project at the time it is proposed. No further action is required under CEQA for City Council action.
ALTERNATIVES:
The following alternatives are presented for Council consideration:
1. Approve staff’s recommendations;
2. Request changes and then approve the Plan and revenue strategy;
3. Approve the Plan, but direct staff to pursue a different revenue strategy;
4. Do not approve the Plan; or
5. Provide other direction to staff.
Item No. 10(B)
REPORT TO THE CITY COUNCIL
DATE: MAY 14, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER
17.03 OF TITLE 17 OF THE KING CITY MUNICIPAL CODE
PERTAINING TO COMMERICAL CANNABIS ACTIVITY
RECOMMENDATION:
It is recommended City Council introduce to be read by title only an Ordinance amending provisions Chapter 17.03 of Title 17 of the King City Municipal Code pertaining to commercial cannabis activity to allow cannabis storefront dispensaries within the City, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.
BACKGROUND:
At the January 26, 2016 meeting, the City Council first adopted an ordinance allowing cultivation of medical marijuana in the M-1 and M-2 zoning districts and the East Ranch Business Park Specific Plan area. Since that time, a number of amendments have been processed to also allow manufacturing, nurseries, testing, non-storefront dispensaries, distribution, deliveries, recreational cannabis products, and to address a number of issues and State legislative changes that have been identified. A cannabis tax measure was also proposed and approved in the November 2016 election ballot.
At the February 25, 2020 meeting, the City Council adopted an Ordinance to allow cannabis storefront retail dispensaries. A ballot measure adding a tax for cannabis retail dispensaries was approved by the voters in November 2020. A maximum of two permits are allowed to be issued at one time.
In case more than two applications were received, the City established a preapplication process to ensure the process was impartial and minimized potential liability. Objective criteria were established, the City contracted with an
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CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 17.03 OF TITLE 17 OF THE KING CITY MUNICIPAL CODE PERTAINING TO
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independent third party consultant to evaluate the pre-applications, and those meeting the criteria would be chosen through a lottery system.
Two pre-applications were received and approved. Neither successfully opened a business, so there are no longer any approved applicants, and the process needs to be reopened. However, the City’s consultants will no longer agree to review and issue determinations on pre-applications due to the number of legal actions that have occurred in other jurisdictions regarding cannabis retail business selection processes. Therefore, staff are proposing changes to the process so new applications can be accepted.
An additional issue involving cultivation businesses has been identified.
According to the City’s cannabis tax ordinance, the cultivation tax is charged per square foot based on the maximum area of canopy allowed by their license.
King City now has one cannabis processing business and a second one proposed. Processing was previously permitted as a cultivation business under both State licensing and the City’s Ordinance. However, a tax on processing would result in taxing the same product twice, and the rate cannot be determined because there is no canopy measurement under a processing permit. Staff does not believe the City’s intent was to tax processing of cannabis when the original measure was approved. The State has added a separate category for processing to their licensing which has created an inconsistency with the City’s Ordinance. Therefore, changes to the Ordinance are proposed to address this conflict.
The City Attorney has drafted a recommended Ordinance to address these items. The proposed Ordinance was recommended by the Planning Commission at their May 7, 2024 meeting.
DISCUSSION:
The proposed Ordinance modifies the process for selecting those eligible for the limited number of cannabis storefront retail dispensary permits to allow the evaluations to be conducted by staff. To simplify the changes, the same criteria are used, but the process will involve a determination of whether applicants meet the criteria versus providing a numeric score. This will enable staff to continue the process with minimal changes to the pre-application and instruction forms. If it is determined that an application does not meet the criteria, the pre-application will be found incomplete instead of disqualified, and the applicant will be provided the opportunity to address the deficiency.
01222.0001/979923.1 1
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KING AMENDING CHAPTER 17.03 OF TITLE 17 OF THE KING CITY MUNICIPAL CODE
PERTAINING TO COMMERCIAL CANNABIS ACTIVITY
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, in 1996, with the adoption of Proposition 215, the California voters approved the Compassionate Use Act (Health and Safety Code § 11362.5) to ensure that seriously ill Californians have the right to obtain and use cannabis for medical purposes where that medical use is deemed appropriate and has been recommended by a physician, without fear of criminal prosecution under limited, specified circumstances; and WHEREAS, in 2004, the State Legislature enacted SB 420 to clarify the scope of the Compassionate Use Act and provide additional statutory guidance regarding medical cannabis use.
These statutes are codified at Health and Safety Code § 11362.7 et seq. and allow cities and counties to adopt supplemental rules and regulations; and WHEREAS, on October 9, 2015, almost 20 years after passage of the Compassionate Use Act, the Governor signed the Medical Marijuana Regulation and Safety Act (“Act”), comprised of California legislative bills AB 243, AB 266, and SB 643. The Act creates a comprehensive state licensing system for the commercial cultivation, manufacture, retail sale, transport, distribution, delivery, and testing of medical cannabis, all subject to local control. One of the purposes of the Act is to ensure uniformity among jurisdictions that wished to allow commercial cannabis operations; and
WHEREAS, on June 27, 2016, the Governor signed SB 837, effective immediately, changing the terms in the Act from “medical marijuana” or “marijuana” to “medical cannabis” or “cannabis”, and making other technical changes to the Act. SB 83 7 also adopted regulations relating to the use and diversion of water in connection with the cultivation of cannabis; and WHEREAS, in 2016, the City adopted Title 17, Chapter 17.03 et seq., of the King City Municipal Code pertaining to Medical Cannabis Activity. The Medical Cannabis Ordinance places complete bans and regulations on medical cannabis activity in the City based upon various health, safety and welfare and land use findings relating to cannabis cultivation, dispensing, and consumption, which findings are incorporated herein by reference; and WHEREAS, in November of 2016 the Adult Use of Marijuana Act (“AUMA”) was approved by a majority of California voters. The purpose of AUMA is to establish a comprehensive system to legalize, control and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical cannabis, including cannabis products. Adults, age 21 and older, will be allowed to possess cannabis and grow certain amounts at home for personal use; and 01222.0001/979923.1 2
WHEREAS, the AUMA did not provide for a specific effective date, thus the provisions of the AUMA regarding personal use, possession, and cultivation of cannabis became effective the day after the November 8, 2016; and
WHEREAS, the AUMA’s proposed Health & Safety Code section 11362.1(a)(3), will make it lawful under state and local law for any person twenty-one (21) years of age or older to “Possess, plant, cultivate, harvest, dry, or process not more than six living cannabis plants and possess the cannabis produced by the plants”; and
WHEREAS, the City wishes to enact regulations governing commercial cultivation of cannabis at this time; and
WHEREAS, the AUMA’s proposed Health & Safety Code section 11362.2(b) explicitly allows a city to “enact and enforce reasonable regulations to reasonably regulate” the cultivation of cannabis so long as the City does not prohibit the cultivation of up to six plants “inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure”; and WHEREAS, several California cities have reported negative impacts of cannabis cultivation and related activities, including but not limited to offensive odors, criminal activity, (such as trespassing, theft, violent robberies and robbery attempts, and the illegal sale and distribution of cannabis), and public health and safety concerns (such as fire hazards and problems associated with mold, fungus, and pests); and
WHEREAS, cannabis plants, as they begin to flower and for a period of two months or more, produce a strong odor, offensive to many people, and detectable far beyond property boundaries if grown outdoors or if grown indoors without proper ventilation, odor control, and other regulations; and
WHEREAS, due to the value of cannabis plants and their strong smell (which alerts others to their locations), cannabis cultivation has been linked to break-ins, robbery, armed robbery, theft and attendant violence and injury, creating an increased risk to public safety; and WHEREAS, unregulated cannabis cultivation can be harmful to the welfare of the surrounding community and its residents and constitute a public nuisance, in that cannabis cultivation has been shown to involve avoidance of environmental laws and regulations, and has resulted in the pollution of waters and navigable waterways in the State of California; and WHEREAS, the indoor cultivation of cannabis has potential adverse effects to the structural integrity of the buildings in which cannabis is cultivated, and the use of high wattage grow lights and excessive use of electricity increases the risk of fire, which presents a clear and present danger to the buildings, its occupants, and neighboring buildings and residents; and WHEREAS, unregulated indoor cultivation of cannabis can be harmful to the public health, safety and welfare, given electrical modifications risk fires, poor irrigation can cause mold, overloaded circuits can leave entire neighborhoods in the dark, plant chemicals can cause illness, improper carbon dioxide mixed with insufficient ventilation can cause injury or death, and structural changes put first responders in danger if they rush into the unknown; and 01222.0001/979923.1 3
WHEREAS, the Attorney General’s August 2008 Guidelines for the Security and NonDiversion of Marijuana Grown for Medical Use recognize that the cultivation or other concentration of cannabis in any location or premises without adequate security increases the risk that nearby homes or businesses may be negatively impacted by nuisance activity such as loitering and/or crime; and
WHEREAS, MMRSA and AUMA mandated comprehensive state licensing and regulatory framework for cultivation, manufacturing, distribution, transporting, testing and dispensing cannabis and cannabis products; however, implementing regulations have yet to be written and state licenses may not be available until 2018; and WHEREAS, there are numerous well publicized studies and reports, as well as numerous documented incident in Monterey County and throughout the State, which show that unregulated cannabis activities have a significant adverse effect on the community; and WHEREAS, the City finds that the absence of a formal regulatory framework the adverse impacts frequently associated with commercial cannabis activities will occur, resulting in an unregulated and potentially significant negative impact upon the environment and upon public health, safety, and welfare of the community; and
WHEREAS, outdoor cannabis cultivation and unregulated indoor cannabis cultivation are likely to generate these negative effects on the public health, safety, and welfare in the City, based on the experiences of other cities; and
WHEREAS, pursuant to the above-described express statutory authority and its police power, the City desires to explicitly prohibit the outdoor cultivation of commercial cannabis for both recreational and medical use; and
WHEREAS, pursuant to the above-described express statutory authority and its police power, the City also desires to enact reasonable regulations for the indoor cultivation, manufacturing, testing, distribution, or consumption of commercial recreational and medical cannabis; and
WHEREAS, absent clear regulation, cannabis cultivation in the City poses a potential threat to the public peace, health, and safety, and, unless the City takes action to regulate it, the secondary impacts described above are likely to occur very soon after the passage of the AUMA; and
WHEREAS, the City has a compelling interest in protecting the public health, safety, and welfare of its citizens, residents, visitors and businesses, and in preserving the peace and quiet of the neighborhoods within the City by regulating the commercial cultivation of recreational and medical cannabis; and
WHEREAS, nothing in this Ordinance shall be construed to: (1) allow any person to engage in conduct that endangers others or causes a public nuisance; or (2) allow any activity relating to the cultivation, manufacturing, testing, distribution, or consumption of cannabis which is illegal under state or federal law; and
01222.0001/979923.1 4
WHEREAS, it is the intent of the City to regulation commercial cannabis activities, both recreational and medical, within the boundaries of the City.
NOW THEREFORE, the City Council of the City of King does hereby ordain as follows:
SECTION 1. The above recitals are incorporated are hereby by reference.
SECTION 2. The Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment, and merely provides for ministerial regulations and procedures. (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 environmentally destructive components of unregulated cannabis cultivation. (CEQA Guidelines §§ 15307 and 15308.) SECTION 3. The Sub-Section of Chapter 17.03, Section 17.03.040, of Title 17, of the King City Municipal Code specifically identified below is amended to read as follows; all other portions of Chapter 17.03 not amended remain in full force and effect:
Chapter 17.03
COMMERCIAL CANNABIS ACTIVITY
Section 17.03.040 Licenses and permits.
(b) Authorized Commercial Cannabis Activities. Commercial cannabis operations within the city, which comprise the activities of indoor cultivation, mixed-light cultivation, nursery cultivation, retailer (storefront and/or non-storefront delivery), manufacturer, testing laboratory, distributor, and microbusiness are allowed subject to issuance and maintenance of the permits and entitlements set forth in this chapter and all other applicable city and state laws and regulations, and issuance and maintenance of a valid and current state license of a classification listed below, as provided for in Business and Professions Code Section 26050 and applicable state regulations:
(20) Cultivation – Only harvesting, drying, curing, grading, or trimming of cannabis.
(h) Issuance of a commercial cannabis storefront dispensary permit shall be governed by the following requirements and/or limitations:
(1) All commercial cannabis storefront dispensaries shall be prohibited except within the following designated area(s): the highway service area west of the freeway (excluding properties located on Canal Street), the C2 zone, and the First Street corridor and highway service zoned areas on First Street from Ellis Street to Highway 101. Further, storefront dispensaries shall be prohibited from being located directly adjacent to any residential zoned single-family or multifamily property. The terms “directly adjacent” mean sharing a property line border with the proposed storefront dispensary 01222.0001/979923.1 5
property. Only pre-applications that can demonstrate the applicant currently owns, leases or has an option to buy or lease the property proposed for the business within an area authorized for a commercial cannabis storefront dispensary shall be considered.
(2) Pre-applications shall be accepted at City Hall during normal business hours. The city manager or designee shall provide notice to the public that the city will be accepting pre-applications for issuance of a commercial cannabis storefront dispensary permit.
The public notice shall include, at a minimum, the time period within which to submit an application and where at the city to submit the pre-application. The time period to submit a pre-application with the city shall not exceed sixty days. Any pre-application, or portion thereof, not submitted to the city within the time period established within the public notice shall be deemed defective and excluded from consideration. (3) The applicant shall submit within their pre-application detailed materials establishing:
(A) Proposed Dispensary Site and Neighborhood Compatibility Plan. (B) Business and Operations Plan.
(C) Qualifications and Experience of Principals.
(D) Operations and Security Plan.
(E) Labor and Employment Plan.
(F) Improvement Plan and Schedule.
(4) The pre-application for a commercial cannabis storefront dispensary permit shall be reviewed by city and determined to be eligible an independent third party and provided a score between zero and six hundred The scoring will be based upon meeting the following criteria:
(A) Degree to which Tthe site of the proposed dispensary must beis available, consistent with all city zoning and land use restrictions, suitable for the proposed use, and potential neighborhood and community impacts shall be are minimized through building and site orientation and improvements, (including, but not limited to, signage, traffic, parking, lighting, appearance of building, prevention of access to minors, waste, odor and noise).
(B) The business plan must demonstrate the business is eEconomically viableility, capitalization of the proposed dispensary, schedule for completion and opening 01222.0001/979923.1 6
of the proposed dispensary, and level and quality of services to be provided at the proposed dispensary.
(C) PrincipalsExperience of owners, managers must demonstrate aand employees in the operation of a retail cannabis business (including, but not limited to, prior history of positive sales and, appearance and maintenance of a retail cannabis business, legal compliance, and management and positive community relations) and other experience related to the operation of a commercial cannabis business. (D) A comprehensiveThe operations and security plan for the proposed dispensary shall (addressincluding, but not be limited to, the non-diversion of cannabis and/or cannabis products, on-site security technology, and in-house and contract security personnel).
(E) The business shall promote eEmployment opportunities for city of King residents (including, but not limited to, estimated job creation, pay ratthrough es, and actions proposed to hire, and train and promote local employees). (F) The proposed facility must include Investment and improvementss toin the interior and exterior of the structure and property of the proposed dispensary to create an attractive and professional business appearance, including, but not limited to, new flooring, display cases, interior and exterior paint or wall coverings, and signage..
(5) Pre-applications not meeting all of the criteria will be deemed incomplete. If more preapplications are received than available permits, once one pre-application is deemed complete, the other pre-applications will be provided fifteen (15) calendar days to be deemed complete prior to approving any of the pre-applications. If at the end of the fifteen (15) calendar days, more pre-applications are deemed complete than available permits, the pre-applications for the number of permits available will be selected to continue with the permitting process through a lottery.The applicants which receive a score of five hundred or higher during the independent review process of their preapplication shall be placed into a lottery. Any applicant receiving a score of four hundred ninety-nine or less shall be excluded from the lottery process. (6) The city shall select applicant(s) during the lottery process based on the number of available commercial cannabis storefront dispensary permits. The applicant or applicants selected during the lottery process may receive a commercial cannabis storefront dispensary operations permit, provided each applicant individually meets all applicable requirements of this chapter, the King City Municipal Code and/or state and federal law and obtains all other required permits and approvals. Further, each selected 01222.0001/979923.1 7
applicant shall submit an application for a commercial cannabis storefront dispensary operations permit which complies with the requirements of this chapter. (7) The selection processes set forth within this subsection shall be utilized any time a commercial cannabis storefront dispensary permit becomes available. (78) The applicant shall comply with all requirements of the King City Municipal Code and state of California statute, regulation and/or guideline governing commercial cannabis businesses and/or storefront dispensaries.
(9) Within six months of the city issuing an applicant a commercial cannabis storefront dispensary permit, the permittee shall secure a license from the state of California to operate a cannabis storefront dispensary and provide a copy of the license to the city manager or his/her designee. Upon written request by the permittee and a showing of good cause, the city manager or his/her designee, in their sole discretion, may grant no more than one extension of time. The extension of time shall not exceed six months.
Failure to secure a state of California license to operate a cannabis storefront dispensary or to provide a copy of a state of California license to operate a cannabis storefront dispensary to the city manager or designee shall void the city issued commercial cannabis storefront dispensary permit. After receiving notice from the city of the expiration of the time period to secure a license, the permittee shall immediately cease any commercial cannabis operations at the storefront dispensary. (810)A selected storefront dispensary permit applicant shall obtain a city issued conditional use permit and all applicable building permits within nine months of successfully completing the pre-application process as set forth in this chapter; failure to meet the nine month timeline shall automatically terminate their pre-application approval and authorization to apply for and/or be issued a cannabis permit or other permits required to operate the storefront dispensary. Further, a selected storefront dispensary permit applicant shall obtain a city cannabis storefront dispensary operations permit and commence operations at the storefront dispensary within eighteen months of successfully completing the pre-application process as set forth in this chapter; failure to meet the eighteen-month timeline shall automatically terminate their pre-application approval and authorization to apply for and/or be issued a cannabis permit or other permits required to operate the storefront dispensary. Termination of a pre-application approval and authorization, cannabis permit application and/or cannabis permit pursuant to this section shall not be subject to appeal. Nothing in this section shall prevent or prohibit a selected applicant whose preapplication approval and authorization, cannabis permit application and/or cannabis permit has been terminated from re-applying to a future pre-application process. Current selected storefront dispensary permit applicants shall have twelve months from the enactment of this amendment by the city council to commence operations of their storefront dispensary; failure to commence operations of their storefront dispensary within the twelve-month timeline shall automatically terminate their pre-application approval and authorization 01222.0001/979923.1 8
to apply for and/or be issued a cannabis permit or other permits required to operate the storefront dispensary.
(9) Within six months of the city issuing an applicant a commercial cannabis storefront dispensary permit, the permittee shall secure a license from the state of California t operate a cannabis storefront dispensary and provide a copy of the license to the city manager or his/her designee. Upon written request by the permittee and a showing of good cause, the city manager or his/her designee, in their sole discretion, may grant no more than one extension of time. The extension of time shall not exceed six months.
Failure to secure a state of California license to operate a cannabis storefront dispensary or to provide a copy of a state of California license to operate a cannabis storefront dispensary to the city manager or designee shall void the city issued commercial cannabis storefront dispensary permit. After receiving notice from the city of the expiration of the time period to secure a license, the permittee shall immediately cease any commercial cannabis operations at the storefront dispensary.
SECTION 4: 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
01222.0001/979923.1 9
I, ______________________________, City Clerk of the City of King, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of King on the date and by the vote indicated herein.
Item No. 11 (A)
REPORT TO THE CITY COUNCIL
DATE: MAY 14, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF IMPLEMENTATION OF AB 413 STATE
PARKING RESTRICTION REQUIREMENTS
RECOMMENDATION:
It is recommended City Council: 1) receive a presentation on the impacts of AB 413 restricting parking adjacent to intersections; 2) consider alternative approaches to responding to the new State requirements; and 3) direct staff to delay any implementation measures until October 2024 and work on efforts to seek amendments to the State legislation.
BACKGROUND:
AB 413 was recently enacted by the State Legislature. It prohibits stopping, standing, or parking of a vehicle within 20 feet of the vehicle approach side of any unmarked or marked crosswalk or 15 feet of any crosswalk where a curb extension is present. The law is currently in effect, but enforcement through citations is not authorized to begin until January 1, 2025.
The legal definition of an unmarked crosswalk is considered the portion of a street that is in between sidewalks at an intersection unless there is a “no crossing” sign.
Therefore, the law essentially applies to every intersection in the City.
The City may establish a different distance by Ordinance if it includes a finding that the different distance is justified by established traffic safety standards. However, it would require the City to mark the different distance at each intersection by paint or a sign.
This will have a significant impact on available parking in King City since there is already a parking shortage throughout the community in most neighborhoods and commercial areas. Staff have been working on developing options on how best to implement the new requirements. The purpose of this item is to present a status report to City Council and seek initial direction. Since there is likely to be significant
CITY COUNCIL
CONSIDERATION OF IMPLEMENTATION OF AB 413 STATE PARKING
RESTRICTION REQUIREMENTS
MAY 14, 2024
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opposition from residents who will be losing parking in front of their house, it is also intended to help educate the community that these restrictions were enacted by the State and not the City. An article was included in the City Newsletter providing background on the new law and announcing this City Council item.
DISCUSSION:
This law will create several issues making it difficult to implement:
• High density residential areas already have significant parking shortages.
Some properties will lose most of their existing on-street parking. • The Creek Bridge and Mills Ranch subdivisions do not have driveways.
Therefore, homes depend on on-street parking, which will be negatively impacted.
• Since the State has also eliminated the City’s authority to restrict garage conversions, many residences no longer have garage parking and further depend upon on-street parking.
• The City does not have sufficient resources to proactively enforce the law at every intersection. However, lack of enforcement may create liability for the City if an accident occurs at an intersection where vehicles are illegally parked.
• The City installed angled parking around the perimeter of the downtown to increase much needed downtown parking, but this law will eliminate many if not all of the increase.
• It will be cost prohibitive to implement an alternate distance restriction citywide because it is infeasible to paint or sign every intersection.
Staff have been in discussions with Cal Cities (League of California Cities) in an attempt to find a way to seek an amendment to the legislation to exempt small rural cities or to reduce the impact. It is recommended the City defer further public education to October 2024 to provide more time to determine if those efforts have any potential for success.
If those efforts are not successful, the following is recommended:
• Begin public education in October 2024;
• Enforce on a complaint basis only; and
Item No. 11 (B)
REPORT TO THE CITY COUNCIL
DATE: MAY 14, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF EXTENSION OF THE INTERIM
TEMPORARY HOMELESS SHELTER PROGRAM
RECOMMENDATION:
It is recommended the City Council: 1) approve and authorize the City Manager to amend the lease agreement for the Monarch Inn through February 11, 2025 and increase the number of rooms leased to 20; 2) approve and authorize the City Manager to amend the Memorandum of Understanding (MOU) with the County of Monterey, Coalition of Homeless Services Providers and Step Up for funding for the cost of the program; and 3) authorize the City Manager to execute extension of agreements with Magic Cleaning Services and Benitez Security Services, Inc. for cleaning and security.
BACKGROUND:
The City has experienced an ongoing significant level of homelessness. A substantial number of homeless individuals formerly resided in encampments in the Salinas Riverbed area, which created a number of issues regarding unsafe living conditions, environmental damage, public safety concerns, and fire hazards. The City has undertaken a number of efforts to do its part in addressing homelessness in a proactive manner. The most significant step was the application and approval of a Homekey project, which is proposed to be a permanent supportive housing facility. The former Days Inn hotel was acquired, but the City has experienced significant delays due to serious financial problems, fraud and mismanagement of the project by the developer (Shangra-La Industries, LLC).
Due to the ongoing delays, the City and a number of partners developed an interim plan to shelter a large number of homeless living in the riverbed at the Monarch Inn hotel. The City Council approved an overall Interim Riverbed
CITY COUNCIL
CONSIDERATION OF EXTENSION OF THE INTERIM TEMPORARY
HOMELESS SHELTER PROGRAM
MAY 14, 2024
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Homeless Strategy at the June 13, 2023 meeting. Implementation began in July 2023, which has been successful and operated within the budget approved by City Council.
The original agreement was established for 18 rooms with the motel owner through the end of October 2023. When the Homekey project experienced further problems, staff and partnering agencies developed a new funding plan to extend the interim homeless shelter program. The purpose was to maintain the participants in shelter while strategies to address the Homekey project problems were pursued. The first portion of the funding plan was approved by City Council at the December 12, 2023 meeting, which enabled an extension of the lease through January 10, 2024. At the January 9th meeting, an additional extension through July 10, 2024 was approved.
New grant funding has now been approved to proceed with the Days Inn permanent supportive housing project through a partnership with the County of Monterey and the Housing Authority for Monterey County. However, it will take time to acquire the property, make the improvements and then move in tenants.
As a result, an additional extension is needed.
DISCUSSION:
It is proposed to extend the Monarch Inn lease and interim temporary homeless shelter program through February 11, 2025. This will provide 9 months to complete the project and avoid displacing any homeless individuals. The Monarch Inn owner has proposed to lease an additional 2 rooms that have become vacant. Committing to the additional 2 rooms helped reach agreement for the lease extension. There is a waiting list for participants, so expanding to 20 rooms will also help to further reduce homelessness.
Approval is recommended of an amendment to the lease agreement entered into on January 10th, which is attached and includes the extension and increase in rooms. Staff are also requesting authorization to extend the agreements for security and cleaning services.
COST ANALYSIS:
The increased cost for extending the program is approximately $530,000. This includes the cost of the lease, cleaning, security, Step Up staffing, and miscellaneous expenses. The majority of the cost will be paid from funds budgeted in the Encampment Resolution Funding (ERF) grant approved by the State for the permanent supportive housing project. A total of $465,000 was included in the grant application for the temporary shelter program. Of the
Exhibit 1
Exhibit A