AGENDA
REGULAR MEETING OF THE
CITY OF KING CITY COUNCIL
AND
Sitting as SUCCESSOR AGENCY OF
THE RDA FOR THE CITY OF KING
AND
Sitting as PUBLIC FINANCING AUTHORITY FOR THE CITY OF KING TUESDAY MAY 28, 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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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
2023 Waste Haulers Annual Performance Report, Patrick Mathews, General Manager, Salinas Valley Solid Waste Authority
1. 2.
3. 4.
5. A.
FLAG SALUTE
CLOSED SESSION ANNOUNCEMENTS
SPECIAL PRESENTATIONS
2023 Waste Haulers Annual Performance Report, Patrick Mathews, General Manager, Salinas Valley Solid Waste Authority
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 Any Council Member, the City Manager, or the City Attorney may request that an item be withdrawn from the Consent Agenda to allow for full discussion.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 Items withdrawn from the Consent Agenda may be considered by separate motions at the conclusion of the discussion of each item.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 May 14, 2024
Recommendation: approve and file.
9(A) 05-14-2024 MINUTES_.PDF
Consideration: City Of King Check Register May 1, Through May 15, 2024 Recommendation: receive and file.
9(B) CC CITY AP 052824.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 Dispensaries Recommendation: waive the second reading by title only and adopt Ordinance amending Municipal Code Chapter 17.03 of Title 17 of the King City Municipal Code pertaining to commercial cannabis dispensaries.
9(C) 52824 CANNABIS DISPENSARY ORDINANCEPDF
3. 4.
5. A.
6. 7.
8. 9.
A.
Documents:
B.
Documents:
C.
Documents:
amending Municipal Code Chapter 17.03 of Title 17 of the King City Municipal Code pertaining to commercial cannabis dispensaries.
9(C) 5.28.24 CANNABIS DISPENSARY ORDINANCE.PDF
Consideration: Mills Ranch Phase 3 Subdivision Final Tract Map Conformance Recommendation: City Council adopt Resolution No. 2024-4994 to:1) affirm the action of the Planning Commission of May 7, 2024 determining that the Mills Ranch Phase 3 Subdivision Final Map is in substantial conformance with the approved Vesting Tenative Map; 2) authorize and direct the Planning Commission Secretary to certify the Final Tract Map as in substantial conformance with the approved Vesting Tentative Map; 3) authorize the City Engineer to execute the Mills Ranch Phase 3 Subdivision Final Map, and 4) accept on behalf of the public the streets and easements offered for dedication.
9(D) CC SR MILLS RANCH FINAL MAP PHASE 3 PC SR.PDF
Consideration: FY 2024-25 Street Improvement Project, Including Adoption Of Finding Of A Categorical Exemption, Pursuant To Section 15301 Of The CEQA Guidelines Recommendation: 1) adopt a Resolution designating street projects for revenues from SB 1 - The Road Repair and Accountability Act of 2017 for FY 2024-25; 2) approve the FY 2024-25 Street Improvement Project; 3) approve a tentative 5-year plan for future street projects; and 4) adopt a finding of a categorical exemption, pursuant to Section 15301 of the CEQA Guidelines.
9(E) 05.28.24 SR STREET PROJECT CM .PDF
Consideration: Rejection Of All Bids For The King City - City Hall Remodel Project, Including Adopting Finding Of A Categorical Exemption, Pursuant To Section 15301 Of The CEQA Guidelines
Recommendation: 1) reject all bids for the King City - City Hall Remodel Project; 2) enter into negotiations with the apparent low bidder on a modified project; and 3) adopt a finding of a Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines.
9(F) STAFF REPORT CITY HALL REMODEL PROJECT2.PDF
Consideration: Public Financing Authority Check Register May 1, 2024 Through May 15, 2024
Recommendation: City Council acting as the Public Finance Authority Board receive and file.
9(G) CC FIN AUTH AP 052824.PDF
PUBLIC HEARINGS
Consideration: USA Waste Of California (DBA Waste Management) Garbage And Recycling Collection Service Fees For Fiscal Year 2024-25 Documents:
D.
Documents:
E.
Documents:
F.
Documents:
G.
Documents:
10. A.
9(G) CC FIN AUTH AP 052824.PDF
PUBLIC HEARINGS
Consideration: USA Waste Of California (DBA Waste Management) Garbage And Recycling Collection Service Fees For Fiscal Year 2024-25 Recommendation: adopt a Resolution approving USA Waste of California (DBA Waste Management, hereinafter "WM") garbage and recycling collection adjusted rates for Fiscal Year 2024-25 effective July 1, 2024, resulting in a 2.89% increase. 10(A) STAFF REPORT WM FY24-25 RATES.PDF
REGULAR BUSINESS
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.
ADJOURNMENT
The City of King is an equal opportunity provider and employer.
10. A.
Documents:
11. 12.
13.
City Council Meeting
May 14, 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: Police Chief James Hunt; 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. National Public Works Week Proclamation excepted by Gerardo Vasquez on be half on the entire King City Public Works department from Mayor LeBarre.
6. PUBLIC COMMUNICATIONS:
Griselda Torres, N. Mildred St. is upset that MST put a bus stop in front of her house. She and her neighbor were never informed and given the opportunity to say no. They have no parking; they have to deal with people hanging around as it stops every ½ hour to pick up and drop off. There are two other places for buses to stop in less than a ½ a mile on either side of this one that people could use. She would like something to be done.
7. COUNCIL COMMUNICATIONS:
Mayor LeBarre stated we received some great news last Friday when we found out that arrests had been made for the murders that occurred in March. He thanked our officers with special thanks to Seg./Det.
Partida and Officer Gurley and all law enforcement that was involved. Every law enforcement came to help us catch these criminals. He is very proud. Congresswomen Lofgren presented the City with a check for $600,000 for a downtown electric charging station project. He thanked Mayor Pro Tem for making sure that the money was secure for our area from AMBAG. There was a nice spread put out by Veronica our HR manager. Congresswomen Lofgren enjoys this area.
Council Member Cullen stated the Solid Waste Authority meeting highlights are in the packet. He attended Mo. Co. Business Council Gala a couple of awards were given. Rancho Ceilo was honored as high school competing against college schools. 6 – 1
st place awards and 2- 2nd place awards were won by them. He wished everyone luck at the Fair.
Mayor Pro Tem Victoria stated he was happy of the news of the arrest with special thanks to Det. Partida and Officer Gurley. He also wanted to mention with the fair coming up that to help keep us all safe “if you see something say something”, if you see something suspicious say something. We are all responsible to keep our community safe.
9(A)
Council Member Avalos stated that Thursday – Sunday is the Fair. On Saturday there was a grand reopening of the Expo building at the fairgrounds and it was named in honor of Nate Holaday who was a great supporter of the Salinas Valley Fair.
Council Member DeLeon stated he wanted to add on to what the Mayor said about the press conference last week. It just goes to show you what happens when you invest into the City. If we wouldn’t have invested in the technology and camera system we wouldn't have been able to crack this case. This tags on to what we are going to discuss later, about how important it is to invest in our town. When we pool our resources and stick together good things happen. He hasn’t seen any bad happen yet when we invest properly and if we can include all aspects of the City and not just the Police Department its going to be an even better town. He thanked the Chief again.
8. CITY STAFF REPORTS AND COMMENTS:
Chief Hunt stated he appreciates all the support coming from the community and City Council. He said good comes out of everyone working together. It is still an open and active investigation. He couldn’t be prouder of his staff.
City Attorney Santos had nothing to report tonight.
9. CONSENT
A. Consideration: Meeting Minutes of April 23, 2024, Council Meeting B. Consideration: City of King Check Register April 16, through April 30, 2024 C. Consideration: An Ordinance Amending Chapter 7.26 of Title 7 of the King City Municipal Code Regarding Public Parks Regulations
D. Consideration: King City Police Department Annual Report on Military Weapons for Reporting Period March 10, 2023, Through May 14, 2024
E. Consideration: Amendment to the Master Fee Schedule
F. Consideration: City of King KCCP Payments for the Month of April 2024 Action: Motion to approve consent agenda items A -F 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: Unfunded Priority Needs Plan
Police Chief Hunt introduced the Unfunded Priority Needs Plan with a PowerPoint presentation.
Mayor LeBarre opened the hearing
Karen Jernigan, N. Mildred, she has long said that sales tax is a fair tax and she encourages City Council on moving forward with this idea.
Mayor LeBarre hearing and seeing no one else come forward, closed the public hearing.
Councilmember DeLeon stated that he is usually not in favor of raising taxes but when it comes to sales tax and unfunded priorities, he is approached with questions of why we can’t do what other Cities do with businesses they have coming in and he says this is how they do it sales tax. If we want to be in line with other cities, we have to do what they do and invest. As staff as done research it comes from gas sales. He would greatly in favor of passing this.
Councilmember Cullen supports this as well.
Mayor Pro Tem Victoria stated that if you come to the meetings, you can see the great things that are happening so if you are in favor help us spread the word to why we should raise the sales tax.
Mayor LeBarre stated that deferred maintenance is debt. We are moving towards maintenance which will free up many dollars for other things. Sales tax is the way to go.
Action: Motion to approve the Unfunded Priority Needs Plan and direct staff to prepare a Local Sales Tax Measure for Council to consider placing on the November 2024 ballot by Cullen seconded by Victoria.
AYES: Council Members: LeBarre, DeLeon, Victoria, Cullen, Avalos NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
B. 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 Dispensaries City Attorney Santos introduced the ordinance.
Mayor LeBarre read the ordinance into the record but title only “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”.
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 introduction of the Ordinance by DeLeon seconded by Cullen.
AYES: Council Members: LeBarre, DeLeon, Victoria, Cullen, Avalos NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
11. REGULAR BUSINESS
A. Consideration: Implementation of AB 413 State Parking Restriction Requirements Recommendation: 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.
Public Works Director/City Engineer introduced this item.
John Jernigan, N. Mildred, feels that our town is already impacted with a lack of parking, however there are a few areas that need attention. He feels that its something else enacted by the state that they don’t understand small towns.
Action: Motion to direct staff to delay any implementation measures until October 2024 and work on efforts to seek amendments to the State legislation by DeLeon seconded by Avalos.
AYES: Council Members: LeBarre, DeLeon, Victoria, Cullen, Avalos NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
B. Consideration: Extension of the Interim Temporary Homeless Shelter Program Police Chief Hunt introduced this item.
Action: Motion to 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 by LeBarre seconded by Victoria.
AYES: Council Members: LeBarre, DeLeon, Victoria, Cullen, Avalos NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
12. CITY COUNCIL CLOSED SESSION
A. Public Employee Performance Evaluation Pursuant to Government Code Section 54957:
Title: City Attorney
B. 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.
C. 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.
D. Conference with Legal Counsel - Anticipated Litigation Pursuant to Government Code Section 54956.9. Cases: 1
ADJOURNMENT:
Mayor LeBarre adjourned the meeting at 6:58p.m. to closed session and adjourned the meeting at 7:34p.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 28, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER MAY 1
THROUGH MAY 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: MAY 28, 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 waive the second reading by title only and adopt Ordinance amending Municipal Code Chapter 17.03 of Title 17 of the King City Municipal Code pertaining to commercial cannabis dispensaries.
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 independent third party consultant to evaluate the pre-applications, and those meeting the criteria would be chosen through a lottery system.
CITY COUNCIL
CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 17.03 OF TITLE 17 OF THE KING CITY MUNICIPAL CODE PERTAINING TO
COMMERICAL CANNABIS ACTIVITIY
MAY 28, 2024
PAGE 2 OF 3
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 and introduced by the City Council at the May 14, 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.
Staff believes potential liability has been significantly reduced because there is a low likelihood that more than two pre-applications will be received at the same time. The Ordinance proposes to allow pre-applications to be submitted on an
01222.0001/979923.1 1
ORDINANCE NO. 2024-827
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. (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 based upon meeting the following criteria:
(A) The site of the proposed dispensary must be available, consistent with all city zoning and land use restrictions, suitable for the proposed use, and potential neighborhood and community impacts shall be 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 economically viable. (C) Principals must demonstrate a prior history of positive sales and maintenance of a retail cannabis business, legal compliance, and positive community relations. (D) A comprehensive operations and security plan for the proposed dispensary shall address, 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.
01222.0001/979923.1 6
(E) The business shall promote employment opportunities for city of King residents through actions proposed to hire, train and promote local employees. (F) The proposed facility must include improvements to 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. (6) 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 applicant shall submit an application for a commercial cannabis storefront dispensary operations permit which complies with the requirements of this chapter.
(7) 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.
(8) 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.
01222.0001/979923.1 7
(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
14th
May
28th May
01222.0001/979923.1 8
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: MAY 28, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DOREEN LIBERTO, AICP, COMMUNITY DEVELOPMENT
DIRECTOR
OCTAVIO HURTADO, PE, CITY ENGINEER
RE: CONSIDERATION OF MILLS RANCH PHASE 3 SUBDIVISION
FINAL TRACT MAP CONFORMANCE
RECOMMENDATION:
It is recommended the City Council adopt Resolution No. 2024-4994 to:
1) affirm the action of the Planning Commission of May 7, 2024 determining that the Mills Ranch Phase 3 Subdivision Final Map is in substantial conformance with the approved Vesting Tentative Map; 2) authorize and direct the Planning Commission Secretary to certify the Final Tract Map as in substantial conformance with the approved Vesting Tentative Map; 3) authorize the City Engineer to execute the Mills Ranch Phase 3 Subdivision Final Map, and 4) accept on behalf of the public the streets and easements offered for dedication.
BACKGROUND:
Nino Homes, LLC, Applicant, is requesting to record the final map for Phase 3 within the Mills Ranch Project. A Vesting Tentative Tract Map was approved in 2005 by the City Council and the map’s life has subsequently been extended through State legislation. Municipal Code Chapter 16.32 addresses final maps.
Planning Commission and City Council review is required prior to final map recordation. On May 7, 2024, the Planning Commission adopted Resolution No. 2024-332 finding the final map in substantial conformance with the approved Vesting Tentative Map and authorized the Planning Commission Secretary to certify the Final Track Map in substantial conformance with the approved Vesting Tentative Map.
Exhibit 1
·
·
NOTARY ACKNOWLEDGEMENT
OWNERS' STATEMENT
MILLS RANCH PHASE 3
WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
SURVEYOR'S STATEMENT
CITY CLERK'S STATEMENT
COUNTY RECORDER'S STATEMENT
CITY ENGINEER'S STATEMENT
CITY SURVEYOR'S STATEMENT
STATEMENT OF SECRETARY OF PLANNING COMMISSION
AVIGATION EASEMENT
SIGNATURE OMISSIONS
ABANDONMENT OF PUBLIC EASEMENTS
DEDICATION CERTIFICATE
EXHIBIT 2
BASIS OF BEARINGS
LINE TABLE LINE TABLE
CURVE TABLE
E
I N
E
S
ON W
E N H IT S
G
R
LEGEND
BASIS OF BEARINGS
NOTE
MILLS RANCH PHASE 3
WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
V I C T O R I A A V E N U E
B O S T O N L A N E B R A N D Y W I N E L A N E B R U N I A P L R O M A W A Y 206 205204203 202 230
227 228 229
225 226210 211 212 213 214 208 209
219 218 217 216215
222 221 220
207
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236
242
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248
255
256
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259 260
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245 246 247
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234 231 233 235 232
271
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276
19.63 AC
PARCEL A
SEE SHT 4
SEE SHT 5
SEE SHT 6
LINE TABLE LINE TABLE
CURVE TABLE
MILLS RANCH PHASE 3
WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
E
I N
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S
ON W
E N H IT S
G
R
NOTES
LEGEND
B R U N I A P L A C E
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222 221 220
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230
210 211 212 213 214 207 208 209
204 203 202 206 205
234 233 232 235
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L I V I N G S T O N A V E N U E
C A R M O N A D R I V E
MILLS RANCH PHASE 3
WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
E
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ON W
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G
R
SEE SHEET 6
SEE SHEET
5 NOTES
LEGEND
A U R O R A W A Y
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L I V I N G S T O N A V E N U E
PARCEL A
236 256
257
230
215
C A R M O N A D R I V E
MILLS RANCH PHASE 3
WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA SEE SHEET
4 SEE SHEET 6 SEE SHEET
3 E
I N
E
S
ON W
E N H IT S
G
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NOTES
LEGEND
V I C T O R I A A V E N U E
B O S T O N L A N E
204 203 202 206 205
236
A U R O R A W A Y
256
257
210 211 212 213 214 207 208 209
231 235 234 233 232
272
273
275
274
276
PARCEL A
237
255
258
CURVE TABLE
271
272
269
270
PARCEL A
MILLS RANCH PHASE 3
WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
E
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S
ON W
E N H IT S
G
R
SEE SHEET 4 SEE SHEET 5
LEGEND SEE SHEET
3 SEE RIGHT
SEE LEFT
V I C T O R I A A V E N U E
NOTES
CC Resolution 2024-4994
RESOLUTION NO. 2024-4994
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING, CALIFORNIA APPROVE TRACT MAP FOR MILLS RANCH PHASE 3, CITY OF KING, MONTEREY
COUNTY, CALIFORNIA AND ACCEPTING THE STREETS AND PUBLIC SERVICE
EASEMENT
WHEREAS, on March 28, 2005, the City Council certified the EIR on the Mills Ranch Project; and
WHEREAS, on August 30, 2005, the City Council (“Council”) approved a Tentative Vesting Tentative Tract Map (VTM) with conditions of approval; and WHEREAS, the applicant (“Nino Homes, LLC”) has requested the City record the Final Tract Map (FTM); and
WHEREAS, the City has determined that the FTM is statutorily exempt from the California Environmental Quality Act (“CEQA”) Statutory Exemptions, Title 14 of the California Code of Regulations Section 15268, (b) (3) Ministerial Projects, approval of final subdivision maps; and
WHEREAS, on May 7, 2024, and pursuant to Municipal Code Chapter 16, the Planning Commission (Commission) found that the FTM is in substantial conformance with the approved VTM and conditions of approval; and
WHEREAS, on May 7, 2024, the Planning Commission of King City duly recommended the City Council approve the FTM, direct the City Engineer to sign the FTM; and direct the City Clerk to transmit the FTM to the County Recorder of the County of Monterey for filing; and
WHEREAS, prior to recordation of the FTM, an improvement agreement shall be submitted to the City Clerk by the applicant for approval by the City Attorney; and WHEREAS, prior to recordation of the FTM, the City Attorney approved improvement agreement shall be recorded by the City Clerk.
NOW, THEREFORE IT BE RESOLVED, that the City Council of King City duly approve the FTM, direct the City Engineer to sign the FTM, accept on behalf of the public, the streets and easements offered for dedication for public use in conformance with the terms of the offer of dedication; and direct the City Clerk to transmit the FTM to the County Recorder of the County of Monterey for filing.
PASSED AND ADOPTED by the City Council on the 28th day of May 2024, by the following vote:
AYES, and in favor thereof,
NAYS, Councilmembers:
ABSENT, Councilmembers:
ABSTAINING, Councilmembers:
EXHIBIT 3
CC Resolution 2024-4994
Mike LeBarre, Mayor
ATTEST:
Erica Sonne, City Clerk of the City of King
APPROVED AS TO FORM:
Roy Santos, City Attorney
Item No. 9 (E)
REPORT TO THE CITY COUNCIL
DATE: MAY 28, 2023
TO: CITY COUNCIL
FROM: OCTAVIO HURTADO, PUBLIC WORKS DIRECTOR/CITY
ENGINEER
RE: CONSIDERATION OF FY 2024-25 STREET IMPROVEMENT
PROJECT, INCLUDING ADOPTION OF FINDING OF A
CATEGORICAL EXEMPTION, PURSUANT TO SECTION 15301
OF THE CEQA GUIDELINES
RECOMMENDATION:
It is recommended the City Council: 1) adopt a Resolution designating street projects for revenues from SB 1 - The Road Repair and Accountability Act of 2017 for FY 2024-25; 2) approve the FY 2024-25 Street Improvement Project; 3) approve a tentative 5-year plan for future street projects; and 4) adopt a finding of a categorical exemption, pursuant to Section 15301 of the CEQA Guidelines.
BACKGROUND:
A Street Improvement Program 5-Year Capital Improvement Project is being proposed again as part of the Recommended FY 2023-24/FY 2024-25 Biennial Budget. The primary sources of funding include the Transportation Agency for Monterey County (TAMC) Measure X sales tax funds and the SB 1 funds approved by the State.
In conjunction with TAMC, the City has developed a Pavement Management System. The system takes into account data on the condition of each street to determine recommended streets for overlay and slurry seal improvements to manage the projects over time in the most cost-efficient manner. Therefore, this system is used to help identify recommended streets for resurfacing and slurry seal treatments each year.
The State requires the City to specifically designate the projects proposed to be funded with SB 1 funding. The window for submitting proposed SB 1 expenditures for FY 2024-25 ends June 30, 2024 with a second deadline to
CITY COUNCIL
CONSIDERATION OF FY 2024-25 STREET IMPROVEMENT PROJECT,
INCLUDING ADOPTION OF FINDING OF A CATEGORICAL EXEMPTION, PURSUANT TO SECTION 15301 OF THE CEQA GUIDELINES
MAY 28, 2023
PAGE 2 OF 4
submit of October 1, 2024. Updated Measure X and SB 1 revenue figures have been received for FY 2024-25. Therefore, staff have prepared a revised list of projects so staff can submit the required documentation for compliance with SB
1. Since many of the street projects utilize a variety of funding sources, the SB 1 report submittal provides a good time to outline and seek Council’s approval for the entire street improvement CIP. This enables staff to coordinate funding sources to address the highest priorities, integrate revenues in the most effective manner, and notify other utilities of upcoming projects so they can schedule their street work prior to resurfacing projects.
DISCUSSION:
The FY 2021-22 budgeted street improvements included repaving the South San Lorenzo Street area. It was delayed in order to coordinate with the sidewalk improvement project. Staff believe this area is a good candidate for CDBG funding. Therefore, staff will be recommending submittal of an application for a CDBG grant in the next round and recommends the schedule of future street improvements be modified at this time. Staff also recommend a delay in repaving Metz Road in order to coordinate with a future proposed Cal Water waterline upgrade project.
The Pavement Management System maintains staff’s recommended approach of reconstructing a few of the streets in the worst condition each year, while at the same time applying a slurry seal to some of the streets in better condition to prevent them from deteriorating to a point where reconstruction is necessary.
The slurry seal projects will follow the schedule set forth in the Unfunded Priority Needs Plan and will be recommended at a later time. Staff is requesting the City Council approve staff’s recommendations for present and future programmed street projects, which include the following:
FY 2024-25 Division Street
Collins Street (N. Russ St to N Third St)
FY 2025-26 San Antonio Drive (Willow St to Mildred Ave) Broadway Street (Russ Street to San Antonio Drive)
Bassett Street (First St to Russ St)
FY 2026-27 North Third Street (San Antonio Drive to Broadway Street) FY 2027-28 Metz Road (San Antonio Dr to 900 feet north of Airport Road)
CITY COUNCIL
CONSIDERATION OF FY 2024-25 STREET IMPROVEMENT PROJECT,
INCLUDING ADOPTION OF FINDING OF A CATEGORICAL EXEMPTION, PURSUANT TO SECTION 15301 OF THE CEQA GUIDELINES
MAY 28, 2023
PAGE 3 OF 4
FY 2028-29 Metz Road (Bitterwater Road to San Antonio Drive) The timing of these projects is consistent with the schedule set forth in the Unfunded Priority Needs Plan. Therefore, the schedule will be delayed if the proposed Sales Tax Measure is unsuccessful. In addition, repaving of the following streets are proposed to be funded by a CDBG grant staff will be recommending to apply for within the next few months, but the timing will be contingent upon approval of the grant:
San Lorenzo Street (Broadway Street to Pearl Street)
Luckett Street (San Lorenzo Street to Mildred Avenue)
Talbot Street (Canal Street to Mildred Avenue)
S. San Lorenzo Avenue (Pearl Street to Division Street) Monte Vista Place (Talbot Street to Reich Street)
7 th Street (Bassett Street to Division Street)
Park Place (West End to East End)
Fairview Drive (Park Place to Division Street)
Reich Street (Canal Street to San Lorenzo Street)
S. Vanderhurst Avenue (Broadway Street to Division Street) S. 3rd Street (Broadway Street to Division Street)
COST ANALYSIS:
The current balance of SB 1 funds is $666,163 and Measure X is $1,299,245.
The projected funds from SB 1 in FY 2024-25 are $353,610, the projected funds from Measure X are $536,156, and the projected funds from RSTP Fair Share are $82,884, which are recommended to be allocated in full to these projects.
The following are projected funding sources and expenditures for the projects proposed to be programmed:
FY Project SB 1 Measure X RSTP
General Fund
24-25 Division St
Collins St
$340,628 $531,645 $30,000 $150,000
25-26 San
Antonio Dr
Broadway
St Bassett
St
$350,847 $542,275 $30,000 $150,000
26-27 N Third
Street
$361,372 $553,120 $30,000 $150,000
27-28 Metz $372,214 $564,182 $30,000 $150,000
RESOLUTION NO. 2024-4997
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY
SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of King City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City of King must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City of King, will receive an estimated $353,610 in RMRA funding in Fiscal Year 2024-25 from SB 1; and
WHEREAS, this is the seventh year in which the City of King is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate roads in the City that are in tremendous need of rehabilitation; and WHEREAS, the City has many streets in poor condition and this revenue will help the City establish an ongoing pavement management program that will significantly increase the overall quality of its road system over the next decade; and
WHEREAS, the SB 1 project list and overall investment in the City’s local street and road infrastructure will improve safety, road conditions, appearance of the City, and reduce future costs by enabling the City to maintain its street system in a more efficient manner.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of King, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The following list of proposed projects will be funded in-part or solely with fiscal year 2024- 25 Road Maintenance and Rehabilitation Account revenues:
Grind and Overlay of Division Street from Canal Street to South First Street 25 Year Useful Life
Projected Start Date: September 15, 2024
Projected Completion Date: November 15, 2025
Grind and Overlay of Collins Street from North Russ Street to North Third Street 25 Year Useful Life
Projected Start Date: September 15, 2024
Projected Completion Date: November 15, 2024
This resolution was passed and adopted this 28
th 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)
STAFF REPORT
DATE: MAY 28, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, PUBLIC WORKS DIRECTOR / CITY
ENGINEER
RE: CONSIDERATION OF REJECTION OF ALL BIDS FOR THE
KING CITY - CITY HALL REMODEL PROJECT, INCLUDING
ADOPTING FINDING OF A CATEGORICAL EXEMPTION,
PURSUANT TO SECTION 15301 OF THE CEQA GUIDELINES
RECOMMENDATION:
It is recommended City Council: 1) reject all bids for the King City - City Hall Remodel Project; 2) enter into negotiations with the apparent low bidder on a modified project; and 3) adopt a finding of a Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines.
BACKGROUND:
Improvement Plans and Specifications were put out to bid for the 2023 King City City Hall Remodel Project. The proposed project consists of an interior remodel of the 2,502 SF existing southern wing of existing 5,946 SF City Hall building located at 212 S. Vanderhurst Avenue in King City per the approved permit #B23-000172 construction drawings by Reiss Design Studio, PC. Improvements include new wood-framed offices for executive, management, & support City staff will be proposed. No load-bearing walls proposed. Project includes adding a lowheight gate at Lobby, to control access to staff areas. Carpet replacement will occur for the entirety of the City Hall building, not just the remodeled office portion. Minor mechanical, plumbing, and electrical upgrades are proposed. One existing door will be infilled with window at proposed Conference Room.
Alterations to building footprint are not otherwise proposed and exterior scope of work is limited extending existing mechanical equipment pad; and new/ upgraded mechanical equipment in attic.
The City received one bid that was over the project budget. After the bid the apparent low bidder reached out to staff and acknowledged the bid was over the
CITY COUNCIL
CONSIDERATION OF REJECTION OF ALL BIDS FOR THE 2023 KING CITY
STREET PROJECT, INCLUDING ADOPTING FINDING OF A CATEGORICAL EXEMPTION, PURSUANT TO SECTION 15301 OF THE CEQA GUIDELINES SEPTEMBER 26, 2023
PAGE 2 OF 3
project estimate and proposed to meet and evaluate the project to make changes which could bring the project within budget.
DISCUSSION:
The major cost components of the designed project were the HVAC and electrical components to provide necessary service to each individual office.
The main objection of project is to provide two Director’s offices and converting the City Clerks space into an office for finance and an additional conference room. The remaining proposed offices will remain with cubicles or be built with half walls to be able to use the existing HVAC and require less electrical work.
Staff is recommending rejecting all bids and enter negotiations with the apparent low bidder to rescope the project to accomplish the main objection of constructing two director’s offices and converting the City Clerks space into an office for finance and an additional conference room.
This will delay the project to spring or summer once the wet season is completed.
The City received the following bids:
Contractor Base bid
Blancas Construction $752,758.00
Although staff believes the bid was fair, having the project rescoped due to being over budget will allow the City to meet the project objections.
COST ANALYSIS:
King City’s Capital Improvement Project titled City Hall Remodel, has a total appropriation of $420,000 budgeted for 2023-24. Negotiations will be performed with the objection of coming in below the appropriation.
ENVIRONMENTAL REVIEW:
Staff has performed a preliminary environmental assessment of this project and has determined that if it falls within the Categorical Exemption set forth in Section 15301 of the CEQA guidelines because the contract is for the maintenance and repair of existing streets, which will not result in the expansion of capacity of these streets. Furthermore, staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project.
EXHIBIT 1
Item No.
REPORT TO THE PUBLIC FINANCING AUTHORITY
DATE: MAY 28, 2024
TO: HONORABLE CHAIR AND MEMBERS OF THE AUTHORITY
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF PUBLIC FINANCING AUTHORITY CHECK
REGISTER MAY 1, 2024 THROUGH MAY 15, 2024
RECOMMENDATION:
It is recommended the City Council acting as the Public Finance Authority Board 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 for the Public Financing Authority 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. 9(G)
Item No. 10 (A)
REPORT TO THE CITY COUNCIL
DATE: MAY 28, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
BY: PATRICK MATHEWS, GENERAL MANAGER
ELIA ZAVALA, CONTRACTS AND GRANTS ANALYST
SALINAS VALLEY SOLID WASTE AUTHORITY
RE: CONSIDERATION OF USA WASTE OF CALIFORNIA (DBA WASTE
MANAGEMENT) GARBAGE AND RECYCLING SERVICE FEES
FOR FISCAL YEAR 2024-25
RECOMMENDATION:
It is recommended the City Council adopt a Resolution approving USA Waste of California (DBA Waste Management, hereinafter “WM”) garbage and recycling collection adjusted rates for Fiscal Year 2024-25 effective July 1, 2024, resulting in a 2.89% increase.
BACKGROUND:
The City’s Revised and Restated Franchise Agreement (Agreement) with WM for the subject services was approved on June 27, 2017. The Agreement provides for annual rate adjustments to occur on July 1st of every year for the duration of the Agreement. City staff and the Salinas Valley Solid Waste Authority (SVSWA), the City’s franchise agreement administrator, have reviewed WM’s proposed rate increases and recommend approval.
DISCUSSION:
WM’s customer rates are composed of seven contractual rate components and the City’s franchise fee. Each year, these components are adjusted based upon the franchisee’s financial results for the period of January through December of the previous year. Each component is then assigned a percentage weight based on the proportionate share of its rate component costs to the total cost.
CITY COUNCIL
CONSIDERATION OF USA WASTE OF CALIFORNIA (DBA WASTE
MANAGEMENT) GARBAGE AND RECYCLING COLLECTION SERVICE FEES FOR FISCAL YEAR 2024-25
MAY 28, 2024
PAGE 2 OF 3
Below is a breakdown of the 2.89% rate adjustment for Fiscal Year 2024-25 by the different fee components as follows:
1. WM Service Fee Annual CPI 2.38%
2. WM Diesel Fuel -0.94%
3. Bad Debt Adjustment 0.33%
4. SVSWA Landfill Disposal 0.00%
5. SVSWA AB 939 Programs 1.12%
6. SVSWA Organic Waste Processing 0.00%
7. SVSWA Waste Transfer 0.00%
TOTAL 2.89%
The table below reflects the 2.89% fee increase allocated to the respective rate components to a residential customer with a 35-gallon garbage container and to a commercial customer with a 3-cubic yard bin with weekly service.
Weekly Service Residential
35 gal cart
Commercial
3cy bin
Current Rate 7/1/24 $42.83 $407.06
WM CPI 1.02 9.70
WM Fuel -0.40 -3.82
WM Bad Debt Adjustment 0.14 1.35
SVSWA Disposal 0 0
SVSWA AB 939 0.48 4.53
SVSWA Organics 0 0
SVSWA Transfer 0 0
Proposed Rate 7/1/25 $44.07 418.82
Increase Amount $1.24 11.76
Section 7.5 of the 2017 Revised and Restated Franchise Agreement stipulates that the City intended to adopt a new ordinance to provide for the transfer of WM’s delinquent charges to property taxes as a special assessment or property lien. If the City failed to adopt the special assessment/property lien, WM would then have the option to recover losses due to delinquent customer accounts through an adjustment to the customer rate caps.
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. In June 2023, the City Council approved a Memorandum of Understanding (MOU) approving the calculation methodology for annual bad debt adjustments going forward. It combined the bad debt calculation with the annual weighted percentage