Agenda packet, regular meeting, first session — King City City Council, September 10, 2024

AGENDA

REGULAR MEETING OF THE

CITY OF KING CITY COUNCIL
AND
Sitting as SUCCESSOR AGENCY OF

THE FORMER CDA FOR THE CITY OF KING
AND
Sitting as PUBLIC FINANCING AUTHORITY

FOR THE CITY OF KING
TUESDAY SEPTEMBER 10, 2024
6:00 P.M.

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

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

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

1. 2.

3. 4.

5. Victoria, and Mayor Mike LeBarre

FLAG SALUTE

CLOSED SESSION ANNOUNCEMENTS

SPECIAL PRESENTATIONS
Jacob's Heart Proclamation 2024 Presentation
2024 JACOBS HEART PROCLAMATION.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 August 27, 2024 City Council Meeting Recommendation: approve and file.
9(A) 08-27-2024 MINUTES_.PDF
Consideration: City Of King Check Register August 21, Through August 31, 2024 Recommendation: receive and file.
9(B) KC CHECK REGISTER 091024.PDF
Consideration: Designation And Liquidation Of Obsolete Electronic Equipment Recommendation: adopt a Resolution deeming certain City and Police Department owened electronic equipment as obsolete equipment and direct the liquidation by properly disposing of items deemed obsolete, unneeded, or unusable.

3. 4.

5. A.

Documents:

6. 7.

8. 9.

Documents:

C.
9(B) KC CHECK REGISTER 091024.PDF
Consideration: Designation And Liquidation Of Obsolete Electronic Equipment Recommendation: adopt a Resolution deeming certain City and Police Department owened electronic equipment as obsolete equipment and direct the liquidation by properly disposing of items deemed obsolete, unneeded, or unusable. 9(C) KCPD STAFF REPORT OBSOLETE ELECTRONICS.PDF
Consideration: An Ordinance Amending Municipal Code Chapter 17.26 (Highway Service Zoning District)To Exclude Residential Development, Change Landscaping Requirements And Other Minor Changes
Recommendation: waive the second reading by title only and adopt an Ordinance amending Chapter 17.26 to exclude residential development, change landscaping requirements and other minor changes.
9(D) 2ND READING CC 9-10 24 STAFF REPORT HS ZONING DISTRICT PDF.PDF
Consideration: An Ordinance Amending Chapter 17.50 Of Title 17 Of The King City Municipal Code And Establishing Municipal Code Sections 17.50.070 Through 17.50.077 Pertaining To Architectural Control And Entitled Historic Downtown Area Design And Colors
Recommendation: waive second reading by title only and adopt an Ordinance amending provisions of Chapter 17.50 of Title 17 of the King City Municipal Code and establishing Municipal Code Sections 17.50.070 through 17.50.077 pertaining to architectural control and entitled Historic Downtown Area Design and Colors. 9(E) 2ND READING AMENDING CHAPTER 17.50.PDF
Consideration: Notice Of Completion King City Downtown Streetscape Project Intersection Improvements
Recommendation: 1) approve Resolution No. 2024-5007 accepting completion of the King City Downtown Streetscape Project – Intersection Improvements; and 2) authorize City Manager to execute and file a Notice of Completion with the Monterey County Recorder’s Office.
9(F) BULBOUT PROJECT NOTICE OF ACCEP .PDF
Consideration: Award Of Bid For The 2024 King City Street Project, Including Adopting Finding Of A Catergorical Exemption, Pursuant To Section 15301 Of The CEQA Guidelines
Recommendation: 1) award a contractor services agreement for the Division Street Resurfacing Project to Papich in the amount of $ $1,648,999.70; authorize the City Manager to execute the agreement and approve change orders up to 10% and 3) adopt a finding of a Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines.
9(G) 2024 KC STREET PROJECT FINAL.PDF
Consideration: City Of King KCCP Payments For The Month Of August 2024 C.

Documents:

H.
9(G) 2024 KC STREET PROJECT FINAL.PDF
Consideration: City Of King KCCP Payments For The Month Of August 2024 Recommendation: receive and file.
9(H) KC AP KCCP 091024.PDF

PUBLIC HEARINGS

REGULAR BUSINESS
Consideration: Discussion Regarding Mobile Food Vendor Regulations Recommendation: Receive presentation on mobile food vendor regulations and options, receive public comment, and direct staff to make no changes to the current regulations.
11(A) FOOD TRUCK STAFF REPORT.PDF
Consideration: Memorandum Of Understanding With The Housing Authority Of The County Of Monterey For Purchase And Sale Of Real Property Recommendation: approve and authorize the City Manager to execute a Memorandum of Understanding (“MOU”) with the Housing Authority of the County of Monterey (“HACM”) to purchase the real property at 1130 Broadway Street from the City when acquired.
11(B) HOUSING AUTHORITY OF THE COUNTY OF MONTEREY MOU.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.

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

Documents:

10. 11.

Documents:

12. 13.
5(A)

Page 1 of 4 ends

City Council Meeting
August 27, 2024

1.__CALL TO ORDER:

Regular Meeting called to order at 6:01pm 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 (Absent).

City Staff: City Manager Steven Adams; City Attorney Shannon Chaffin (remote); City Clerk, Erica Sonne.

3.__FLAG SALUTE:

The flag salute was led by Mayor LeBarre.

4. CLOSED SESSION ANNOUNCEMENTS:

None

5.__SPECIAL PRESENTATIONS:

Mayor LeBarre presented September National Recovery Month 2024 proclamation to Sun Street Center.

Alejandra Moreno, Jose Sanchez, Yaneli Maldonaldo, Angelina and Juanita were present and thanked the Council for the proclamation. The City Council thanked the Sun Street personnel for all their work and the great services they provide.

6. PUBLIC COMMUNICATIONS:

Jennifer Randel stated that there is a cat problem, and the King City animal control does handle cats at all.

She gave the animal control a set of kittens and took them back because she didn’t know what they would do with them. She found a program called Our Neighborhood Pet Project in Greenfield that will neuter and spade the cats. She has taken a few dozen and she has 8 kittens at her house now. She got push back from Chief of Police, the Captain and Sergeant’s. She feels that the City shouldn’t contract with SPCA any longer. She doesn’t want to be doing all this.

A gentleman that was born in Watsonville, an American citizen homeless. The project is not moving forward here in King City for the homeless and he is disappointed. He feels like there is no support.

7. COUNCIL COMMUNICATIONS:

Council Member Cullen stated that there is a citizen committee on the Sales Tax Measure and if anyone needs any information to let him know. Spectrum internet, there has been a whole lot of outages. He ask the City Manager to reach out. Community Foundation for Monterey County board meeting was tonight and a committee inside this board have been looking into needs for low income, housing, job readiness, English proficiency. Invitations for the annual celebration of philanthropy were sent to the Council. His District block party September 4th Villa Dr.

Mayor Pro Tem Victoria started his district block party last week and it very well. He invited his new neighbors, and they were very surprised and happy about meeting their new neighbors.

Council Member DeLeon stated he had nothing to report this evening. 9(A)

Page 2 of 4 ends

Mayor LeBarre stated he participated in Speaker Rivas press conference on bills that the governor signed on protecting retail and grocery stores. Last Friday was the Coast Rail Coordinating Council. A presentation was given from a group called Dream Star that wants to run rail at night from down south to San Jose hopefully San Francisco aimed at people that would usually fly could ride in luxury on the rail to the airports. He will explore this more as he would like to involve Fort Hunter Liggett to service the troops.

Bridge lights are out. He met someone who lives in SLO and works at Hartnell, and he complemented the City on the downtown improvements.

8. CITY STAFF REPORTS AND COMMENTS:

City Manager Adamsstated the streetlights have been surveyed on which streetlights are out by the Police Department and they will maintain a spreadsheet for a more comprehensive program. The City will take care of the ones that are the Cities and there will be more push to get PG&E to repair their lights.

City Attorney Chaffin stated that on September 12th the court will meet in San Jose on Grocery Outlet. If anyone would like to join. He will send information.

9. CONSENT
A. Consideration: Meeting Minutes of August 13, 2024, Council Meeting B. Consideration: City of King Check Register August 1, through August 19, 2024 C. Consideration: An Ordinance Establishing Chapter 7.72 of Title 7 of the King City Municipal Code Pertaining to Shopping Cart Regulations
D. Consideration: 2024 Local Agency Biennial Notice on Conflict-of-Interest Code E. Consideration: Amendment to Master Fee Schedule
Councilmember DeLeon pulled Item number 9(C) and 9(E) due to a possible conflict.

Action: Motion to approve consent agenda items A, B, & D by Victoria seconded by Cullen.

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

ABSENT: Council Members: Avalos,
ABSTAIN: Council Members:

Councilmember DeLeon recused himself from the meeting due to a possible conflict and left the room.

Action: Motion to approve consent agenda items C & E by Cullen seconded by Victoria.

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

ABSENT: Council Members: Avalos, DeLeon,
ABSTAIN: Council Members:

Councilmember DeLeon returned to the meeting.

10. PUBLIC HEARINGS:

A. Consideration: An Ordinance Amending Chapter 17.26 of Title 17 of the King City Municipal Code Pertaining to Highway Service District Zoning
Community Development Director Doreen Liberto introduced this item.

Page 3 of 4 ends

Mayor LeBarre read the title into the record.

Mayor LeBarre opened the Public Hearing, seeing no one come forward, Mayor LeBarre closed the public hearing.

Action: Motion to introduce by title only an Ordinance establishing Chapter 17.26 of Title 17 of the King City Municipal Code Pertaining to Highway Service District Zoning, waive first reading of the Ordinance, and set the second reading and adoption for the next regularly scheduled Council meeting on September 10, 2024 by Cullen seconded by Victoria.

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

ABSENT: Council Members: Avalos
ABSTAIN: Council Members:

B. Consideration: An Ordinance An Ordinance of the City Council of the City of King Amending Chapter

17.50 of Title 17 of the King City Municipal Code and Establishing Municipal Code Sections 17.50.070 through 17.50.077 Pertaining to Architectural Control and Entitled Historic Downtown Area Design and Colors
Community Development Director Doreen Liberto introduced this item.

Mayor LeBarre read the title of this ordinance into the record.

Mayor LeBarre opened the Public Hearing, seeing no one come forward, Mayor LeBarre closed the public hearing.

Action: Motion to introduce by title only an Ordinance establishing Chapter 17.50 of Title 17 of the King City Municipal Code and Establishing Municipal Code Sections 17.50.070 through 17.50.077 Pertaining to Architectural Control and Entitled Historic Downtown Area Design and Colors, waive first reading of the Ordinance, and waive first reading of the Ordinance, and approve the introduction of the Ordinance by Cullen seconded by DeLeon.

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

ABSENT: Council Members: Avalos
ABSTAIN: Council Members:

11. REGULAR BUSINESS
None

12. CITY COUNCIL CLOSED SESSION
A. Conference with Legal Counsel – Anticipated Litigation Pursuant to Government Code Section 54956.9. Claim: One Case: Claim for monetary damages by the Laundry Lounge, Anthony Mora and Maria Lopez relating to alleged lost profits arising from a criminal incident/shooting which occurred at a neighboring property.

Page 4 of 4 ends

ADJOURNMENT:

Mayor LeBarre adjourned the meeting to closed session at 6:42p.m. There being no further business Mayor LeBarre adjourned the meeting at 6:52p.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: SEPTEMBER 10, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER
AUGUST 21 THROUGH AUGUST 31, 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: SEPTEMBER 10, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMES HUNT, CHIEF OF POLICE
RE: CONSIDERATION OF DESIGNATION AND LIQUIDATION OF

OBSOLETE ELECTRONIC EQUIPMENT
RECOMMENDATION:

It is recommended the City Council adopt a Resolution deeming certain City and police department owned electronic equipment as obsolete equipment and direct the liquidation by properly disposing of items deemed obsolete, unneeded, or unusable.

BACKGROUND:

In June of 2023, The City migrated the server room from the old server room located in a small room at the Police Station to the new server room located in one of the repurposed jail cells in the decommissioned jail facility. This move was made to accommodate new electronic equipment that the old server room did not have space for.

In the process, several servers and other pieces of electronic equipment owned by the City were replaced with newer models to accommodate increased demands for data storage. As a result, the City was left with several pieces of outdated and unusable pieces of electronic equipment.

Additionally, the Police Department identified several other pieces of electronic equipment in its inventory that were deemed obsolete, unneeded, or unusable. This equipment cannot be repurposed for use by other City departments and has no resale value as it is outdated.

DISCUSSION:

The City has worked to provide current technology and modern equipment to all city employees to assist in providing outstanding service to the community. Items listed in Exhibit 1 are multiple generations of purchased equipment behind and are simply old and obsolete. They have no identified purpose and are no longer needed. Without an avenue

RESOLUTION NO. 2024-5006

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING DECLARING CERTAIN

ELECTRONIC EQUIPMENT OBSOLETE AND PROVIDING FOR THE DISPOSITION OF

SAID PROPERTY
WHEREAS, the City of King (“City”) is the owner of specific property, including computers, computer parts, and other technology items outlined in Exhibit 1; WHEREAS, the City has found that said computers, computer parts, equipment, and technology items are no longer useable or have outlived their useable life span; WHEREAS, the City desires to dispose of said computers, computer parts, and other technology items for the common benefit of the community; and WHEREAS, the City derives the right to dispose of said property through Government Code Section 37350.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of King that it declares the computers, computer parts, and other technology items listed in Exhibit 1 as obsolete and authorizes the City Manager to dispose of said property.

PASSED AND ADOPTED at a regular meeting of the City Council on the 13th day of September, 2022, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
_____________________________
Michael LeBarre, Mayor
ATTEST:
_________________________________
Steven Adams, City Clerk
APPROVED AS TO FORM:
__________________________________
Roy Santos, City Attorney
EXHIBIT 1
Obsolete Electronic Equipment Report
Manufacture Model Serial #
Amazon Basics Computer Speakers U213 U2131810004453
APC Black-ups BR Pro 1500G 4B1306P29925
APC Black-ups BR Pro 1500G 4B1306P29929
APC Smart-ups SMT1500C 3S18Z5X36943
APC Smart-ups SUA1500 AS013310667
APC Smart-ups SMT2200 AS1622150053
Ativa Paper Shredder MDM 8000 OFF1401009095
Communications
Prodicts, Inc.

DC Remote 0103039 RD11-9-CA
Dell Flat Panel Monitor 1704FPTt CN-0Y4299-71618-55K-APW9 Dell 65W AC Adapter DA-1650-05D2 CN-0F7970-71615-624-260F Dell Naexmail AD-64 00085-175-538-673
Dell PowerEdge E07S JTohZK1
Dell Keyboard SK-8175 CN-0T347F-71616-9AU-0MFEA00
Dell Optiplex GX520 80045-470-478-626
Dell Flat Panel Monitor P170ST CN-OVHPX3-74445-15Q-D7HU D-Link Gigabit Desk Top Switch GO-SW-5G R3712FA000547
Eyemax 16Channel Full HD Security DVR System
XVST Magic-16m
PM16RPN0251
Eyemax 16Channel Full HD Security DVR System
XVST Magic-16m
PM16RPN0305
FSP Group Inc. Switching Power Adapter 9NA1204606 H00001259 FSP Group Inc. Switching Power Adapter 9NA1204606 H00000782 Genuine HID Products ProxKey III Keyfob 1346LNSMN-Pack50- 110315
53051-53075,53080-
53082,53084-53089,53091-
53094, 53097-53100
Havis Docking Station DS-Dell-602-2 141545-122
Havis Docking Station DS-Dell-602-3 3449925-0049
Havis Docking Station DS-Dell-602-4 3449925-0048
HP AC/DC Adapter HP 0950-3807 BUT0134286283
HP ProLiant ML 130 Tower Server 470065-
052
MX2927001X
HP Printer B5L25A JPCCM4C0VK
HP USB Keyboard KB57211 672647-003
HP Mouse MOFYUO 672652-001
HP Hard Drive SPS-DRV-HDD 5PKYBUDE
HP Hard Drive SPS-DRV-HDD 5PKXYDXE
HP Ethernet Adapter 4090FHW
LG/Microsoft M-Disc 180468593
Lind Electronics, Inc. Automobile Adapter DE2045-3274 FD 10R-06 7693 Lind Electronics, Inc. Automobile Adapter DE2045-3274 FD 10R-04 7693 Louroe Electronics Distribution Amplifier DA-4 18000228 Louroe Electronics Audio Level Controller LE-289 IF-8 63003724 Magnetek Triad Power Transformer F-192x 17-9138
Mikro Tik Wireless Router Groove 52HPn 98F80990C15C
Mikro Tik Wireless Router Groove 52HPn D0210C24437F1039 Mikro Tik Wireless Router Groove 52HPn 98F8099AD65D
Mikro Tik Wireless Router Groove 52HPn 98F809E183B3
Mikro Tik Wireless Router Groove 52HPn 98F80904D141
Mikro Tik Wireless Router Groove 52HPn 98F809C432A0
Mikro Tik Wireless Router Groove 52HPn 98F80913AEF1
Nady Systems Nady LT-3 Transmitter BEK9E33852T
Netgear Mobile Router MR1100 6A8107NS56F95
Netgear Mobile Router MR1100 6A8107N4529BE
Netgear ProSafe 10/100 Switch FS108V2 1D41773S02A44
Netgear ProSafe 16 Port Gigabit Switch GS116V2 2W436A59008E7 PhyBridge Inc. Phylink Adapter PL-PA011 10160903C4
Plugable Thunderbolt Docking Station TBT3-UDZ 3446A02312 PRWT Vehicle Power Adapter PWK-CE160450 200400669
Raymer Audio Amplifier 701 B-66453
Raymer Telephone Talkback Amplifier VOX-15 108806
Seagate Backup Plus Portable Drive 1K9AP6-502
2 TB
NA7ZD6GH
ShoreTel Shorephone Gig Poe Adapter PD3501G/ACC16396571000004960 Sierra Wireless Airlink GX450 LA71351012001005
Sierra Wireless Airlink GX450 LA71350302001005
Sierra Wireless Airlink GX450 LA71350745001005
Sierra Wireless Airlink GX450 LA71350615001005
Sierra Wireless Airlink GX450 LA71220695001005
Sierra Wireless Airlink GX450 LA71350090001005
Sierra Wireless Airlink GX450 LA71350713001005
TAIO Jetta Laptop 7700T
Triad Transformer
Corporation
Dry Disk Rectangle Transformer F-67U 17-8744
Tripp-Lite Omnivs800 9744AY0OM 661600181
Verizon MiFi Mobile Hotspot 6620L 990003328785239
Verizon MiFi Mobile Hotspot 6620L 990003328785155
Verizon MiFi Mobile Hotspot 8800L 990009317064759
Verizon MiFi Mobile Hotspot 8800L 990009317065376
Verizon MiFi Mobile Hotspot 8800L 990009317060120
Viking Electronic Inc. Executive Micro-Key l 3-8B 248425 WatchGuard DVR 4REDVR WGA0480-101 DVR2-060720
WatchGuard DVR 4REDVR WGA0480-101 DVR2-060688
WatchGuard DVR 4REDVR WGA0480-101 DVR2-060785
WatchGuard DVR 4REDVR WGA0480-101 DVR2-060779
WatchGuard DVR 4REDVR WGA0480-101 DVR2-060700
WatchGuard DVR 4REDVR WGA0480-101 DVR2-060832
WatchGuard DVR 4REDVR WGA0480-101 DVR2-060775
WatchGuard 4RE Display WGA00370-400 DIS6-013251
WatchGuard 4RE Display WGA00370-400 DIS6-013261
WatchGuard 4RE Display WGA00370-400 DIS6-012936
WatchGuard 4RE Display WGA00370-400 DIS6-013242
WatchGuard 4RE Display WGA00370-400 DIS6-013241
WatchGuard 4RE Display WGA00370-400 DIS6-013252
WatchGuard 4RE Display WGA00370-400 DIS6-013244
WatchGuard Panoramic X2 Camera WGA00543-200 CAM7-120630 WatchGuard Panoramic X2 Camera WGA00543-200 CAM7-120672 WatchGuard Panoramic X2 Camera WGA00543-200 CAM7-120840 WatchGuard Panoramic X2 Camera WGA00543-200 CAM7-120623 WatchGuard Panoramic X2 Camera WGA00543-200 CAM7-120633 WatchGuard Panoramic X2 Camera WGA00543-200 CAM7-120629 WatchGuard Panoramic X2 Camera WGA00543-200 CAM7-120616 WatchGuard Vista Wifi Base WGA00586 00:1D:96:07:51:EC
WatchGuard Vista Wifi Base WGA00586 00:1D:96:04:22:48
WatchGuard Vista Wifi Base WGA00586 00:1D:96:04:16:CE
WatchGuard Vista Wifi Base WGA00586 00:1D:96:04:16:55
WatchGuard Vista Wifi Base WGA00586 00:1D:96:04:22:4E
WatchGuard Vista Wifi Base WGA00586 00:1D:96:04:22:51
WatchGuard Vista Wifi Base WGA00586 00:1D:96:04:16:80
WatchGuard Smart POE GigE Switch WGA00574 00:1D:96:04:68:80 WatchGuard Smart POE GigE Switch WGA00574 00:1D:96:04:68:66 WatchGuard Smart POE GigE Switch WGA00574 00:1D:96:04:68:5F WatchGuard Smart POE GigE Switch WGA00574 00:1D:96:04:5B:AC WatchGuard Smart POE GigE Switch WGA00574 00:1D:96:04:68:60 WatchGuard Smart POE GigE Switch WGA00574 00:1D:96:04:68:82 WatchGuard Smart POE GigE Switch WGA00574 00:1D:96:04:68:67 Western Digital My Passport Ultra WDBBKD0020BBK-05 WX11A45NES28 Item No. 9(D)

REPORT TO THE CITY COUNCIL
DATE: SEPTEMBER 10, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DOREEN LIBERTO, AICP, COMMUNITY DEVELOPMENT

DIRECTOR
RE: CONSIDERATION OF AN ORDINANCE AMENDING MUNICIPAL
CODE CHAPTER 17.26 (HIGHWAY SERVICE ZONING DISTRICT)

TO EXCLUDE RESIDENTIAL DEVELOPMENT, CHANGE

LANDSCAPING REQUIREMENTS AND OTHER MINOR

CHANGES
RECOMMENDATION:

It is recommended the City Council waive the second reading by title only and adopt an Ordinance amending Chapter 17.26 to exclude residential development, change landscaping requirements and other minor changes.

BACKGROUND:

The City is diligently working on several communitywide programs, including economic development to improve the local economy, updating the General Plan Land Use Element, and updating the Subdivision and Zoning Ordinances. A primary objective is to maintain and expand existing businesses and attract new businesses. Therefore, it is important to include enough commercially designated areas to accommodate business growth. The H-S Zoning District allows residential development, which may detract from commercial development.

Staff is recommending that all residential uses be prohibited in the H-S Zoning District to ensure there is sufficient land for commercial development. The Planning Commission considered this item on August 20th and recommended the City Council adopt the Ordinance with a minor amendment regarding the use of canopy trees. On August 27th, the City Council introduced the Ordinance and set the second reading and adoption for September 10th.

CONSIDERATION OF AN ORDINANCE AMENDING MUNICIPAL CODE
CHAPTER 17.26 (HIGHWAY SERVICE ZONING DISTRICT) TO EXCLUDE

RESIDENTIAL DEVELOPMENT, CHANGE LANDSCAPING REQUIREMENTS

AND OTHER MINOR CHANGES

CITY COUNCIL
SEPTEMBER 10, 2024
PAGE 2 OF 4
DISCUSSION:

The City has been actively working on economic projects to assist in business retention and expansion and attracting new businesses. The goal is to assist in creating jobs, providing goods and services, and facilitating new commerce. The South Monterey cities are working with the Monterey County Business Council (MCBC) to identify retail and hotel sites. MCBC has contracted with Kosmont Companies to prepare a Retail/Hotel Market Analysis. The sites being considered as part of the analysis are in the H-S Zoning District. The existing H-S Zoning District permits residential uses (trailers and mobile home developments).

Allowing residential uses in the H-S Zoning District reduces available land for commercial development.

The H-S Zoning District does not typically provide an appropriate location for residential housing. The proximity to the highway creates air quality and noise impacts. In addition, locating housing next to commercial uses creates inconsistent land uses, often resulting in complaints involving noise from late night operations, traffic, trash, and other concerns. Staff is recommending the H-S Zoning District be strictly for commercial. The proposed Ordinance states residential development is not permitted.

The Ordinance provides new landscaping standards to minimize the creation of “heat islands and to make it more feasible for commercial developers to address the City’s landscaping requirements.” Heat islands are areas that create higher temperatures due to infrastructure (e.g., parking lots) that absorb and re-emit the sun’s heat more than natural landscaping. trees and vegetation (e.g., bushes, shrubs, and tall grasses) lower surface and air temperatures by providing shade and cooling through evaporation and transpiration, also called evapotranspiration. There is also minor clean up language in the Ordinance.

Given the lack of available large commercial properties and high costs of development, it is difficult for developers to address parking requirements with the amount of landscaping also required. The proposed change measures the amount of landscaping by the tree canopy size rather than the surface area of the landscaping. This change will both assist developers to comply while at the same time providing an incentive to plant shade trees rather than shrubs and small trees.

The changes also now allow bumper overhand areas to be landscaped instead of paved to provide another option to meet the minimum landscaping required.

CONSIDERATION OF AN ORDINANCE AMENDING MUNICIPAL CODE
CHAPTER 17.26 (HIGHWAY SERVICE ZONING DISTRICT) TO EXCLUDE

RESIDENTIAL DEVELOPMENT, CHANGE LANDSCAPING REQUIREMENTS

AND OTHER MINOR CHANGES

CITY COUNCIL
SEPTEMBER 10, 2024
PAGE 3 OF 4
The Planning Commission considered recommended the following change, which has been incorporated:

Canopy trees shall may be provided throughout the parking area and perimeter at the equivalent of one tree for every four spaces to provide shade. The area of the tree canopy shall be counted as part of the landscaping. Thirty percent of the total shall be 24-inch container trees and 70% shall be 15-gallon container trees.

ENVIRONMENTAL REVIEW:

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

COST ANALYSIS:

There are no costs associated with this action.

ALTERNATIVES:

The following recommendations are provided for City Council consideration:

1. Conduct the second reading and adopt the proposed Ordinance;

2. Modify the Ordinance and re-introduce;

3. Do not adopt the proposed Ordinance;

4. Request additional information; or

5. Provide staff with other direction.

Exhibits:

1. Ordinance

2. Planning Commission Resolution No. 2024-337

01222.0001/979923.1 1
ORDINANCE NO. 2024-831

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KING AMENDING CHAPTER 17.26 OF TITLE 17 OF THE KING CITY MUNICIPAL CODE PERTAINING

TO THE HIGHWAY SERVICE ZONING DISTRICT
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, it is the intent of the City to amend the Highway Service Zoning District; and
WHEREAS, on August 6, 2024, the Planning Commission (Commission) conducted a duly noticed public hearing on the Ordinance and accepted public comments, and public testimony and evidence, both written and oral, after which public testimony was closed and due to the Commission not being in consensus with 3 present commissioners the item was continued to the August 20, 2024 Planning Commission meeting; and
WHEREAS, on August 13, 2024, the City Council (Council) conducted a duly noticed public hearing on the Ordinance and opened for public comments, and continued the item to the September 10, 2024 meeting due to Planning Commission action on August 6th.

WHEREAS, on August 20, 2024, the Planning Commission (Commission) conducted a continued duly noticed public hearing on the Ordinance and accepted public comments, and public testimony and evidence, both written and oral, after which public testimony was closed and the Commission recommended the City Council adopt the Ordinance; and
WHEREAS, on September 10, 2024 the City Council (Council) conducted a continued duly noticed public hearing on the Ordinance and accepted public comments, and public testimony and evidence, both written and oral, after which public testimony was closed and the Council conducted the first reading of the Ordinance.

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 EXHIBIT 1
01222.0001/979923.1 2
environmentally destructive components of unregulated cannabis cultivation. (CEQA Guidelines §§ 15307 and 15308.)
SECTION 3. Chapter 17.26 of Title 17 of the King City Municipal Code specifically identified below is amended to read as follows:

Chapter 17.26. H-S—HIGHWAY SERVICE DISTRICT
Title 17. Zoning
Chapter 17.26. H-S—HIGHWAY SERVICE DISTRICT
§ 17.26.010. Purpose.

The purpose of the H-S district is to provide a district for vehicular-oriented uses with sufficient architectural and landscaping controls to protect the amenities of the areas.

The following regulations shall apply in all H-S districts and shall be subject to the provisions of Chapters 17.48 through 17.52 of this title. § 17.26.020. Uses permitted without CUP.

If the community development director, or designee, determines that all the following circumstances exist regarding a development proposal, a conditional use permit may not be required; for the uses listed under Chapter 17.26.30 of this chapter; however, the project shall be subject to either architectural review or business license clearance:
(1) The project will be occupying an existing building or will require an addition to an existing structure that will not result in an increase of more than twenty-five percent of the floor area of the structure before the addition, or five hundred square feet, whichever is less;
(2) The proposed use is the same or similar in character to the existing use, as determined by the community development director, or designee. Exceptions may be allowed if the community development director determines that the new use is less intensive than the existing use; and
(3) The project is exempt from CEQA review and there is no possibility of a significant impact on the environment.
§ 17.26.030. Uses permitted subject to obtaining conditional use permit.

Uses subject to conditional use permits are as follows:
(1) Professional office and related uses, including:
(i) General offices and professional offices;
(ii) Financial services and institutions.
(2) Commercial uses, including:
(i) Grocery stores, and convenience stores (convenience stores, which are not limited to stores located on premises of and operated in conjunction with, another use permitted by this section. The term “convenience store,” as used in this section 01222.0001/979923.1 3
means a store stocking a limited supply of foods, beverages, and related types of goods and merchandise customarily found in grocery stores and occupying a total area of not more than two thousand five hundred square feet. All sales and merchandise displays shall be contained within the building; (ii) Department stores, including furniture stores and clothing stores; (iii) General retail stores;
(iv) Home improvement stores, hardware stores.
(3) Restaurants including:
(i) With and without entertainment and/or serving alcoholic beverages; (ii) Fast food restaurants with and without drive-thru windows. (4) Medical use, including:
(i) Veterinary offices and animal hospitals, excluding exterior kennels, pens or runs;
(ii) Emergency care centers.
(5) Auto-related service and repair, including:
(i) Gasoline service stations, provided that all operations except the servicing of gasoline, oil or water be carried on within a building and that there be no sales of goods not customarily related to the sale of gasoline;
(ii) Motor vehicle, trailer, farm machinery sales and service and tire recapping. (6) Hotel/motel, including:
(i) Hotels and motels.
(7) Public/quasi-public uses, including:
(i) Churches Religious Institutions;
(ii) Clubs, lodges;
(iii) Community centers;
(iv) Private and public recreation centers;
(v) Public utilities and public service substations, microwave facilities, reservoirs, pumping plants and similar installations.
(8) All residential uses are prohibited. Residential uses including (i) Trailer courts or mobile home courts subject to construction and performance standards set out in Chapter 17.64 of this title.
(9) Unclassified uses, including:
(i) Plant nurseries, car wash and building materials entirely within a building; (ii) Sale of fresh fruits and vegetables to be displayed within a structure or upon a deck or other appurtenance or structure; provided, that any such use shall meet all parking and landscaping requirements of the King City Municipal Code. (10) Drinking establishments.
(11) Other uses similar to, and no more objectionable than the uses identified above, as determined by the planning commission, pursuant to Municipal Code Section 17.02.050. § 17.26.040. Accessory buildings and uses permitted.
(a) Accessory buildings for storage are permitted if constructed simultaneously with or subsequent to the main building on the same lot.
(b) Accessory uses which are incidental to the uses permitted. 01222.0001/979923.1 4
(c) Permanent non-flashing signs appurtenant to a permitted use when attached to the building. See Chapter 17.54 for performance standards on size and height. § 17.26.050. Maximum building height.

With the exception of hotels and motels, no building shall be more than two stories and thirty feet in height. Hotels and motels shall be no more than four stories and fifty feet in height.
§ 17.26.060. Minimum building site.

Unless optional design standards are used as set out in Section 17.26.110, the following shall apply:
(1) Minimum Building Site.

Use Minimum Building Site
Motor vehicle, trailers, farm machinery
sales
20,000 square feet
Trailer courts 3 acres
Public and private recreation uses 1 acre
Churches, clubs and lodges 20,000 square feet
Hotels, motels, restaurants and service
stations
2,000 20,000 square feet
All other uses 6,000 square feet
(2) Minimum Lot Width. The minimum lot width shall be one hundred square feet. § 17.26.070. Maximum building site coverage.

The maximum coverage of a lot by all structures shall not exceed fifty percent of the lot area.
§ 17.26.080. Minimum yards required.

Unless otherwise required in Chapters 17.48 through 17.52, establishing plan lines, or unless optional design standards have been used as set out in Section 17.26.110, the following requirements shall apply:
(1) Front Yard. Each lot in the H-S district shall have a front yard extending across the full width of the subject property of not less than ten feet. (2) Side Yard. There shall be a side yard on each side of the lot extending from the front yard to the rear yard of not less than ten feet on an interior lot line. A corner lot shall have side yard abutting the street of not less than twenty feet. (3) Rear Yard. Each lot shall have a rear yard extending across the full width of the lot of not less than twenty feet.
01222.0001/979923.1 5
Location Setback
Front Yard 10 feet
Side Yard
Interior Lot
Corner Lot
10 feet
20 feet
Rear Yard 20 feet
§ 17.26.090. Fences—Walls.

Fences and walls are permitted but not required. Such fences and walls shall not exceed six feet in height, and where the same are located adjacent to any access into a public street the same shall not exceed three feet in height.
§ 17.26.100. Alley access.

Where a building on a lot abuts an alley and has access to such alley, such building shall be located not less than thirty feet from the opposite side of such abutting alley. § 17.26.110. Optional design and improvement standards.

When a development has been approved by the planning commission under the optional design and improvement standards of the subdivision title, such approved building sites, coverage and yards under such plan shall be considered as the requirements of this title. § 17.26.120. Minimum off-street parking.

The provision of Chapter 17.52 shall apply in determining the amount of parking space that must be provided for each use. Parking space shall be improved as set forth in said chapter.
§ 17.26.130. Architectural elevations, site plans and landscaping approval.

Architectural elevations, including a color and materials board, and site plans shall be considered by the planning commission as part of the conditional use permit review. Draft landscaping plans shall be submitted by the applicant and approved by the planning commission as part of the project review.prior to the issuance of any building permit. Final landscaping plans shall be submitted as part of the building permit submittal.

Minimum landscaping required shall be twenty percent of the land area landscaped with suitable plants, trees and shrubs. All parking and service areas, including driveways, when located adjacent to residential districts shall be screened and separated from such property by a solid wall, view-obscuring fence and compact evergreen hedge six feet in height, except as provided elsewhere in the code.

These standards are intended to reduce urban heat islands and provide an attractive landscaping appearance.
01222.0001/979923.1 6
Standard Minimum Requirement
Landscaped Area 15%
Plantings
• Trees Canopy trees shall be provided
throughout the parking area and
perimeter at the equivalent of one tree for
every four spaces to provide shade. The
area of the tree canopy shall be counted
as part of the landscaping. Thirty percent
of the total shall be 24-inch inch container
trees and 70% shall be 15-gallon
container trees.
• Shrubs Twenty-five (25%) of the mix of shrubs
should come in 5-gallon containers and
the balance in 1-gallon containers.
• Groundcover Groundcover should be live plant
material. Bark, colored rock, gravel and
similar materials may be used in
combination with a living ground cover
but be incidental to live plant material.

Parking Areas Ten (10%) percent of the parking areas
shall be landscaped with trees that have
large canopies and ground cover.

Bumper Overhand Areas To increase parking lot landscaping area, a parking stall area may be landscaped
with low-growth, hearty materials in lieu of
paving, allowing a bumper overhand
while maintain the required parking
dimensions.

Plant Material The plants shall be drought tolerate and adaptable to the King City environment.

Maintenance All landscaped areas shall be
permanently always maintained in a
healthy and sound condition, in
compliance with the approved Landscape
Plan. Irrigation systems and their
components shall be maintained in a fully
functional manner consistent with the
originally approved design. The
maintenance required shall include
adjusting, checking, and repairing
irrigation equipment; resetting automatic
controllers; aerating and de-thatching turf
areas; adding/replenishing fertilizer,
mulch, and soil amendments; insect
control; the replacement of dead or
01222.0001/979923.1 7
diseased plants; pruning; watering; and
weeding all landscaped areas.

Parking lots shall include trees to provide shade and reduce the temperature. Tree selection, planting approach and irrigation should provide for rapid growth and sustained health of shade trees. Small ornamental trees are appropriate for accent planting but should not be used as shade trees. Trees and landscaping elements shall be used to organize large parking areas into recognizable smaller segments that reflect pedestrian circulation and site organization and scale. All landscaping areas shall meet the requirements of the Municipal Code Chapter 15.50.

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 8
APPROVED AS TO FORM:

By:

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

Exhibit 2

Item No. 9(E)

REPORT TO THE CITY COUNCIL
DATE: SEPTEMBER 10, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DOREEN LIBERTO, AICP, COMMUNITY DEVELOPMENT

DIRECTOR
RE: CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER

17.50 OF TITLE 17 OF THE KING CITY MUNICIPAL CODE

PERTAINING TO ARCHITECTURAL CONTROL AND
ESTABLISHING MUNICIPAL CODE SECTIONS 17.50.070
THROUGH 17.50.077 ENTITLED HISTORIC DOWNTOWN AREA

DESIGN & COLORS
RECOMMENDATION:

It is recommended the City Council waive second reading by title only and adopt an Ordinance amending provisions of Chapter 17.50 of Title 17 of the King City Municipal Code and establishing Municipal Code Sections 17.50.070 through

17.50.077 pertaining to architectural control and entitled Historic Downtown Area Design and Colors.

BACKGROUND:

In response to planning efforts, code enforcement priorities, and upcoming potential development projects, the City staff is recommending an ordinance to establish architectural standards on building design and colors within the Historic Downtown Area. The ordinance includes preferred standards from the Historic Corridor Revitalization Plan (HCRP) which underwent an extensive community outreach process and was adopted by the City Council on January 11, 2011. The purpose is to preserve and protect the historic character of the City’s downtown area.

On August 6th, the Planning Commission held a public hearing, received public comment, and passed Planning Commission Resolution No. 2024-336

CITY COUNCIL
CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 17.50 OF THE KING CITY MUNICIPAL CODE AND ESTABLISHING SECTIONS §17.50.070 – §17.50.077 HISTORIC DOWNTOWN AREA DESIGN & COLORS
SEPTEMBER 10, 2024
PAGE 2 OF 4
recommending City Council adopt the ordinance amending Chapter 17.50 Architectural Control. On August 27th, the City Council introduced the ordinance and set the second reading for September 10th.

The Amendments to Chapter 17.50 are summarized as follows:
• Amendments to Municipal Code Sections §17.50.010 through §17.50.060:

Include updating with current zone district information, deleting trip reduction checklist, updating expiration and extension time to be consistent with other municipal code sections.
• Establishing Municipal Code Sections §17.50.070 through §17.50.077 to include:
o Preferred Building Styles: Establish standards for building style and character. The preferred building style selection was taken from the Historic Corridor Revitalization Plan.
o Preferred Exterior Building Materials: Establish standards for preferred building materials and prohibited materials.
o Preferred Windows, Doors and Other Details: Establish preferred standards for windows, doors and identify prohibited materials within the Historic Downtown Area.
o Colors: Establish standards when selecting exterior paint colors and limitations on bold and bright colors within the Historic Downtown Area. o Application Review Process: Establish a review process for review of exterior design and colors under three categories: Exempt Projects, Administrative Architectural Review and Architectural Review by the Planning Commission.
o Prohibited Outdoor Storage: Establish standards for prohibiting metal storage containers and rubbish outside of any property within in the Historic Downtown Area.
o Fencing: Establish fencing regulations for properties within the Historic Downtown Area.

The proposed Ordinance makes some corrections to the existing Architectural Control to be consistent with other sections of the Municipal Code and establish standards to protect the historic character of the City’s downtown area. Some of the City’s most distinguishing historic resources are in the City’s downtown area. Many structures have undergone façade improvements, specifically the structures located within the 300 block of Broadway Street. The City has been working together with properties owners in the Historic Downtown Area to restore the buildings to their original condition and preserve the architectural designs. These buildings add tremendous value to the community. The purpose of this ordinance is to take part in the historic restoration and preservation of these historic buildings and to establish standards for any future development in the Historic Downtown Area.

COST ANALYSIS:

There are no costs associated with this action.

ENVIRONMENTAL REVIEW:

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

ALTERNATIVES:

The following alternatives are provided for Council consideration:

1. Conduct the second reading of the proposed Ordinance;

2. Modify the Ordinance;

3. Do not conduct the second reading of the proposed Ordinance;

4. Request additional information; or

5. Provide other direction to staff.

1 ORDINANCE NO. 2024-832

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KING AMENDING CHAPTER 17.50 OF TITLE 17 OF THE KING CITY MUNICIPAL CODE

PERTAINING TO ARCHITECTURAL CONTROL AND ESTABLISHING MUNICIPAL CODE SECTIONS 17.50.070 THROUGH 17.50.077 ENTITLED HISTORIC

DOWNTOWN AREA DESIGN & COLORS
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, the City has a compelling interest in protecting the public health, safety, and welfare of its citizens, residents, visitors and businesses, and in protecting the appearance and condition of neighborhoods for overall quality of life; and WHEREAS, this Ordinance is intended to establish standards for architectural design and building colors for the preservation of the historic character in the Historic Downtown Area; and WHEREAS, on August 6, 2024, the Planning Commission recommended approval of the ordinance and associated findings under the California Environmental Quality Act to the City Council.

WHEREAS, the City wishes to enact regulations governing the color and design of the Historic Downtown Area; and
NOW THEREFORE, the City Council of the City of King does hereby ordain as follows:

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

SECTION 2. The Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment. (CEQA Guidelines § 15061(b)(3).) 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 establishing standards to preserve and protect the historic character of the City’s downtown area. (CEQA Guidelines §§ 15307 and 15308.) Finally, no exceptions to the Categorical Exemptions are applicable under CEQA Guidelines section 15300.2.

SECTION 3. The amendments to Sub-Sections of Chapter 17.50, and establishing Section 17.50.070 through 17.50.077, of Title 17, of the King City Municipal Code specifically identified below is amended to read as follows; all other portions of Chapter 17.50 not amended remain in full force and effect:

Chapter 17.50

ARCHITECTURAL CONTROL
Exhibit 1
2 § 17.50.010 Architectural approval—Fee.

In case an application is made for a permit for any building or structure in any R-3, R-4, H-C, HS, C-NC, M, S-C or P-D district, said application shall be accompanied by architectural drawings or sketches, showing the elevations of the property building or structure and site plans showing proposed landscape or other treatment of the grounds around such building or structure, together with an architectural review fee as set by resolution of the city council. Such drawings, sketches and site plans shall be considered by the planning commission in an endeavor to provide that the architectural and general appearance of such buildings or structures and grounds be in keeping with the character of the neighborhood and such as not to be detrimental to the orderly and harmonious development of the city, or to impair the desirability of investment or occupation in the neighborhood. Applicants for projects for multi-family and apartment complexes in R-3 and R-4 zones will complete and submit with the application an architectural feature checklist on a form to be provided by the Community Development Department building and planning director.

Applicants for projects within the VC, VB and FSC district shall comply with requirements set forth in Sections 17.50.70 through 17.50.77.
§ 17.50.015 Trip reduction checklist.

The application shall also be accompanied by the trip reduction checklist as required by Section

12.24.240. The city shall include within its architectural review the requirements of Chapter

12.24 of this code, entitled “Trip Reduction Requirements.” § 17.50.017 Landscape permit.

A separate landscape permit shall be required with an application for a permit provided for in Section 17.50.010. The permit shall require that a specific landscaping plan be provided that shall show the proposed landscaping plan for the project. Additionally, the plan shall show proposed planting areas, bushes, trees and irrigation systems to serve these areas. It shall be a requirement of the landscaping permit that the landscaping be maintained, and the property shall be inspected by the city on an annual basis to assure that this requirement is complied with.

Violation of this subsection shall be subject to the provisions of Section 17.02.080. § 17.50.020 Architectural committee—Authority.

The planning commission may appoint an architectural committee of three of its members which shall exercise the architectural considerations provided for in Section 17.50.010. § 17.50.030 Commission decision appeal.

In case the applicant is not satisfied with the action of the planning commission or committee, he may, within fifteen days, appeal in writing as provided in this title. § 17.50.040 Work required prior to building permit issuance.

No permit shall be issued in any case where architectural consideration is required until such drawings and sketches have been approved by the planning commission, committee or council and all buildings, structures and grounds shall be constructed and improved in accordance with such approved drawings and sketches.
3 § 17.50.050 One Two year expiration—Cancellation of building permit.

If construction in accordance with the drawings and sketches approved under this chapter has not commenced within one two years after the date of the approval, then the approval shall immediately expire and any building permit issued in reliance thereon shall be deemed canceled and revoked.
§ 17.50.060 Six months One year extension.

An approval under this chapter may be extended for up to one year six months if application for an extension is: (1) made before the expiration of the one year approval previously provided for in Section 17.50.050; (2) approved by the planning commission or committee; and (3) approved by the council.
§ 17.50.070 Historic Downtown Design and Colors.

The purpose for this section is to implement the community’s vision for the Historic Downtown Area related to design and colors. Figure 1 shows the area included in the Historic Downtown Area, and as outlined in the Historic Corridor Revitalization Plan (HCRP).

Figure 1 Historic Downtown Area
4 §17.50.071. Architectural Design and Colors
This section provides guidance on the architectural form of new development and redevelopment projects to reinforce the City’s historic character within the area outlined in Figure 1.

A. Preferred Building Styles
Building styles and characters are shown in Figure 2.

Figure 2 – Preferred Building Style (Commercial and Residential) 5 B. Preferred Materials
Buildings should be clad in wood clapboard, wood drop siding, brick or stone. Roofs should be made of narrow standing seam metal, corrugated metal panel, slate, composition shingle or clay tile. Roof flashing, rain gutters and downspouts, vents, and other roof protrusions shall be finished to complement the adjacent materials and/or colors. Preferred materials are shown in Figure 3. Outdoor lighting that is flashing, running, scintillating or similar lighting is prohibited in the Historic Downtown Area.

Figure 3 – Preferred Materials
C. Preferred Windows, Doors and Other Details
Appropriate window styles for the historic downtown area include transom windows for ground floor store fronts, bay and dormers windows for upper floors as well as round-top 6 windows and square windows with window caps. Figure 4 provides some examples of preferred windows and doors. Figure 5 provides examples of other architectural details. Use of mirrored glass and dark tinting with no visibility from public right-of-way in ground floor facades shall be prohibited. Adhesive window tinting not done professionally shall be considered a nuisance and subject to Title 7.51 code enforcement procedures. 7 Figure 4 – Example of Windows and Doors
8 Figure 4 – Other Preferred Architectural Details
9 D. Colors
The right combination of paint colors can accentuate the important architectural features and unify the façade. Due to protective qualities, building components that were historically painted should remain painted. Surfaces that were not historically painted, such as stone and brick, should remain natural and unpainted to retain their historic texture and appearance.

Appropriate paint schemes differ depending on the architectural style and era of a building.

Choose colors that are appropriate to the architectural style and compliment the building and its surroundings. The use of muted, natural colors and finishes is encouraged. Bright colors such as red, yellow, purple and orange or dark colors such as black shall typically be limited to ten percent of the building and as an accent color.

E. Signage
Signs in the Historic Downtown Area should enhance historic buildings and the ambience of the area. Signs should complement the human scale and encourage a pedestrian friendly environment. Signs should not overpower a building’s façade but attract customers to the business through a design that harmonizes with the building and its surroundings. Signage requirements are contained in Chapter 17.55 (Signs).
§17.50.072 – Application Review Process
A. Exterior Alterations. As used in this chapter, changes to a building within the Historic Downtown Area fall under three basic categories.

1. Exempt Projects from Architectural Review.
a. Non-structural modifications such as routine maintenance and restoration of buildings, which include in-kind replacement of deteriorated or damaged building fabric and materials.

2. Administrative Architectural Review.
a. An Administrative Architectural Review application shall be submitted to the Community Development Director for review and approval of new building colors if non-standard colors are proposed, including red, pink, yellow, orange, purple, or black. The application shall contain color scheme samples. i. If the Community Development Director determines that the public interest would be better served by the Planning Commission decision, then the Administrative Architectural Review shall be processed as an Architectural Review needing Planning Commission approval and be subject to applicable fees.

3. Projects Needing Architectural Review by the Planning Commission. a. Exterior structural modifications or alterations that change the historic integrity of the building or historic integrity of the building colors resulting in a change to the architectural style of the building.
10 §17.50.073 – Findings of Fact
Required Findings of Fact. To approve an application, all the following findings shall be made in the affirmative.

1. The proposal is consistent with the general plan and zoning ordinance.

2. The proposal is consistent with Chapter 17.50.

3. The proposal is compatible with the historic nature of the subject building and surrounding area.
§17.50.074 – Penalties & Nuisance.

Properties that have undergone exterior changes without following the standards set forth in Chapter 17.50 shall be considered a nuisance and violation of Article 3 Management of Real Property of the King City Municipal Code - Nuisances § Title 7.51. §17.50.075 – Prohibited Outdoor Storage in the Historic Downtown Area.

A. Metal Storage Containers. Metal Storage Containers are prohibited from being kept and permanently stored on any property within the Historic Downtown Area which exceed and/or violates the temporary use restrictions as set forth in Municipal Code Section 7.60.050(f). Metal storage containers mean any steel cargo container, shipping container freight container, truck trailer, portable storage container, cargo boxes, ISO containers, or sea vans that are reusable, enclosed or open vessel, used to store any articles, goods, belongings, commodities or similar uses.

B. Outdoor Storage of Rubbish. It is prohibited to keep any rubbish stored outside of any property within the Historic Downtown Area. Rubbish means all matters and materials not defined as garbage, but which are rejected by the owners or producers thereof as useless, unusable or not viable, and includes boxes, carton, packing materials, metal vessels or shelving, tin cans, bottles, crockery, paper, rags, straw, sawdust, metals and boards.
§17.50.076 – Prohibited Fencing
Enclosing of a parking lot with chain link fence, barbed wire, razor wire, wire mesh, electrified fences or similar fence shall be prohibited on any property within the Historic Downtown Area. §17.50.077 – Appeals
An applicant denied approval of an Administrative Architectural Review application may appeal to the Planning Commission in writing within fifteen calendar days of receipt of the director’s decision. Appeals from any action of the Planning Commission must be made in writing along with submittal of the appeal fee by an aggrieved party within fifteen calendar days from the date of receipt of notice of action of the commission, as per Municipal Code Section 2.12.050. The City Council is the appeal board with respect to any actions(s), as specified in Section 2.12.040 of the King City Municipal Code, taken by the Planning Commission. 11 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 27day of August 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
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.

Exhibit 2

Item No. 9 (F)

REPORT TO THE CITY COUNCIL
DATE: SEPTEMBER 10, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, PUBLIC WORKS DIRECTOR / CITY

ENGINEER
RE: CONSIDERATION OF NOTICE OF COMPLETION - KING CITY
DOWNTOWN STREETSCAPE PROJECT – INTERSECTION

IMPROVEMENTS
RECOMMENDATION:

It is recommended City Council: 1) approve Resolution No. 2024-5007 accepting completion of the King City Downtown Streetscape Project – Intersection Improvements; and 2) authorize City Manager to execute and file a Notice of Completion with the Monterey County Recorder’s Office.

BACKGROUND:

Improvement Plans and Specifications were put out to bid for the King City Downtown Streetscape Project – Intersection Improvements. The project’s objective was to revitalize the downtown area, create a more pedestrian and activity-oriented downtown, and promote business and job development. At the April 11, 2023 meeting, the City Council awarded a contract to Monterey Peninsula Engineering.

The project scope included the construction of new bulb-outs on Broadway Street at the Second Street, Third Street, Vanderhurst Avenue and Russ Street intersections; redesign and construction of the medians to replace pavement with native landscaping and wind sculptures; and installation of decorative crosswalk markings.

The proposed bulb-out construction project included:
• Demolition of existing site improvements, including flatwork, curbs, gutters, sidewalks, existing utilities, and select trees.

CITY COUNCIL
CONSIDERATION OF NOTICE OF COMPLETION – KING CITY DOWNTOWN STREETSCAPE PROJECT – INTERSECTION IMPROVEMENTS
SEPTEMBER 10, 2024
PAGE 2 OF 4
• Construction of 4 intersections with curb extensions and site-built features, including pavement, seat walls, site furnishings, landscaping and infiltration wells, and other miscellaneous minor improvements. • Site utilities, including storm drain, sewer, and electrical. • New irrigation system including new point of connection/water service. • New tree, shrub and turf-grass planting.

DISCUSSION:

The project was successfully completed by Monterey Peninsula Engineering in 375 working days including weather days. A final walk-thru was performed on March 25, 2024. All work has now been completed and inspected by the City Engineer to confirm it was performed per the approved plans and specifications.

COST ANALYSIS:

The project has been completed under budget, which represents over $300,000 in savings to the General Fund. The funding plan for this project includes the following sources to be used for public facilities and improvements and general administration. This includes funding for general administration, activity delivery, and project management including inspection, materials testing and DIR compliance. A summary of the project budgeted revenues and actual expenses is as follows:

CIP Project 23-02 – Budgeted Revenues:

General Fund $475,000
RSTP Competitive Grant $950,000
TAMC Set-aside $90,000
TAMC Measure X 241,295
Federal Community Project Funding $1,000,000
ARPA Funds $2,025,000
Total $4,781,295
Project Expenditures:

Design $219,350.00
Construction Cost: $4,177,041.33
Construction Management: $136,850.80
Earth Systems $40,228.50
Kimley-Horn $72,722.50
TL Engineering $460.00
Adam Ashby $20,469.80
David Amaya $3,000.00
Total: $136,880.80

RESOLUTION No. 2024-5007

ACCEPTANCE OF COMPLETION OF

KING CITY DOWNTOWN STREETSCAPE PROJECT
RESOLVED, by the City Council of the City of King, California, that WHEREAS, the City entered into a contract to perform the work with the low bidder, Monterey Peninsula Engineering per the approved plans and specifications on April 11, 2023; and
WHEREAS, City Engineer has inspected and performed a final walkthrough of the project on March 25, 2024 and recommends acceptance as to the completion of all the work provided to be done under said contract; and
WHEREAS, it appears to the satisfaction of the City Council that said work under said contract has been fully completed and done as provided in said contract plans and specifications therein referred to.

NOW, THEREFORE, IT IS ORDERED AS FOLLOWS:

1. That acceptance of completion of said work be, and is hereby, made and ordered.

2. That the City Manager is directed to execute and file with the recorder of the County of Monterey, notice of acceptance of completion thereof, as required by law.

PASSED AND ADOPTED by the City Council of the City of King at a regular meeting duly held on the 10th day of September, 2024, by the following vote:

AYES, and in favor thereof, Councilmembers:

NAYS, Councilmembers:

ABSENT, Councilmembers:

ABSTAINING, Councilmembers:

Mike LeBarre, Mayor
ATTEST:

Erica Sonne, City Clerk
APPROVED AS TO FORM:

Roy Santos, City Attorney
Exhibit 1
WHEN RECORDED MAIL TO:

City of King City
Department of Public Works
212 S Vanderhurst Avenue
King City, CA 93930

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

That the public work described as King Downtown Streetscape Project was constructed pursuant to a contract between the City of King City, 212 S Vanderhurst Avenue King City, CA 93930 and Monterey Peninsula Engineering, P.O. Box 400, Marina CA 93933. The date of completion of said work was July 8, 2024, which was the date said public entity accepted said work to the satisfaction of the City Engineer. The City of King City herby accepts the project as completed in accordance with the plans and specifications.

CITY OF KING CITY
__________________________________

STEVEN ADAMS

CITY MANAGER
September 10, 2024
DATE

VERIFICATION
I Steven Adams do herby certify that I am the City Manager of the public entity named above; that I am authorized to verify the foregoing notice; that I have read same; and that it is true of my knowledge.

I certify under penalty of perjury that the forgoing is true and correct.

Subscribed at City of King, California, this 10th day of September, 2024 __________________________________

STEVEN ADAMS

CITY MANAGER
EXHIBIT 2

STATE OF CALIFORNIA) SS

COUNTY OF MONTEREY)
Steven Adams, being first duly sworn, deposes and says:

That he is an officer of the City of King, a municipal corporation; to wit: the City Manager; that he has read the above and foregoing Notice of Completion, and that the same is true of his own knowledge except as to matters which are therein stated on his information or belief, and as to those maters that he believes them to be true.

Subscribed and sworn before me this _______ day of ____________, 2024. ____________________________________
Notary Public
State of California

CITY OF KING CITY
ATTN: OCTAVIO HURTADO
212 S. VANDERHURST AVE.

KING CITY, CA 93930
Payment Request # 9
PLEASE REMIT PAYMENT TO:

MONTEREY PENINSULA ENGINEERING Date: 5/8/2024
P.O. Box 400, Marina CA 93933 Job #: 2309
Phone: 831-384-4081 Invoice #: 04-23 RET
Fax: 831-883-1372 Thru: 4/30/2024

PAYMENT ACCEPTED BY CHECK ONLY
Job Name: 2023 KING CITY DOWNTOWN STREETSCAPE PLAN – INTERSECTION IMPROVEMENTS Job Location: VARIOUS INTERSECTIONS BROADWAY ST., KING CITY, CA Qty. Total Qty. Total
Item No. Description Unit Qty. Unit Cost Total Amount This Period This Period To Date To Date 1 MOBILIZATION LS 1 $320,000.00 $320,000.00 $0.00 1 $320,000.00 2 CONSTRUCTION STAKING LS 1 $40,000.00 $40,000.00 $0.00 1 $40,000.00 3 MONUMENT PRESERVATION LS 1 $11,700.00 $11,700.00 $0.00 1 $11,700.00 4 TRAFFIC CONTROL SYSTEM LS 1 $155,000.00 $155,000.00 $0.00 1 $155,000.00 5 PREPARE WATER POLLUTION CONTROL
PROGRAM LS 1 $55,000.00 $55,000.00 $0.00 1 $55,000.00
6 CLEARING AND GRUBBING LS 1 $60,000.00 $60,000.00 $0.00 1 $60,000.00 7 REMOVE PAVEMENT MARKINGS LS 1 $1,600.00 $1,600.00 $0.00 1 $1,600.00 8 ROAD EXCAVATION CY 2950 $100.00 $295,000.00 $0.00 3041 $304,100.00 9 REMOVE CONCRETE (CURB) LF 1082 $30.00 $32,460.00 $0.00 1166 $34,980.00 10 REMOVE CONCRETE (CURB AND GUTTER) LF 425 $33.68 $14,314.00 $0.00 425 $14,314.00 11 REMOVE CONCRETE (SIDEWALK) SF 15175 $6.50 $98,637.50 $0.00 16023 $104,149.50 12 AGGRETGATE BASE (CLASS II) CY 2635 $30.00 $79,050.00 $0.00 2690 $80,700.00 13 HOT MIX ASPHALT (TYPE A) TON 1716 $190.00 $326,040.00 $0.00 1789 $339,910.00 14 DETECTABLE WARNING SURFACE CY 1360 $30.00 $40,800.00 $0.00 1698 $50,940.00 15 MINOR CONCRETE (CURB RAMPS) EA 15 $5,500.00 $82,500.00 $0.00 15 $82,500.00 16 MINOR CONCRETE (CURB AND GUITTER) LF 1858 $80.00 $148,640.00 $0.00 2137 $170,960.00 17 FURNISH AND INSTALL SIDEWALK SF 17655 $13.00 $229,515.00 $0.00 18727 $243,451.00 18 FURNISH AND INSTALL SEAT WALL SF 170 $280.00 $47,600.00 $0.00 215 $60,200.00 19 12" THERMOPLASTIC STRIPING (WHITE) LF 1115 $4.00 $4,460.00 $0.00 1115 $4,460.00 20 8" THERMOPLASTIC STRIPING (WHITE) LF 598 $2.00 $1,196.00 $0.00 598 $1,196.00 21 6" THERMOPLASTIC STRIPING (YELLOW) LF 1845 $1.50 $2,767.50 $0.00 1845 $2,767.50 22 THERMOPLASTIC PAVEMENT MARKINGS SF 800 $8.00 $6,400.00 $0.00 800 $6,400.00 23 RELOCATE ROADSIDE SIGN EA 14 $500.00 $7,000.00 $0.00 14 $7,000.00 24 FURNISH AND INSTALL TC PATTERS XD SF 8717 $22.00 $191,774.00 $0.00 8717 $191,774.00 25 FURNISH AND INSTALL TYPE G1 FIELD
DRAIN EA 26 $10,000.00 $260,000.00 $0.00 26 $260,000.00 26 INSTALL 12" RCP PIPE LF 1210 $250.00 $302,500.00 $0.00 1210 $302,500.00 27 INSTALL INFILTRATION SYSTEM EA 4 $64,000.00 $256,000.00 $0.00 4 $256,000.00 28 INSTALL STORM DRAIN MANHOLE EA 4 $15,000.00 $60,000.00 $0.00 4 $60,000.00 29 REMOVE PIPE LF 170 $200.00 $34,000.00 $0.00 170 $34,000.00 30 ADJUST STORM DRAIN TO GRADE EA 7 $2,000.00 $14,000.00 $0.00 7 $14,000.00 31 ADJUST UTILITY BOX COVER TO GRADE EA 28 $1,000.00 $28,000.00 $0.00 28 $28,000.00 32 RELOCATE STREET LIGHT & FOUNDATION EA 9 $8,000.00 $72,000.00 $0.00 9 $72,000.00 33 RELOCATE FIRE HYDRANT EA 7 $7,500.00 $52,500.00 $0.00 0 $0.00 34 ADJUST WATER VALVE COVER TO GRADE EA 25 $1,000.00 $25,000.00 $0.00 0 $0.00 35 INSTALL RIP RAP CF 340 $50.00 $17,000.00 $0.00 340 $17,000.00 36 LANDSCAPE AND IRRIGATION LS 1 $500,000.00 $500,000.00 $0.00 1 $500,000.00

Page 1 of 2 ends

Exhibit 3
37 ELECTRICAL SYSTEM FOR STREET TREES LS 1 $10,000.00 $10,000.00 $0.00 1 $10,000.00 PCO 001 ADDITIONAL TREE REMOVAL LS 1 $2,242.50 $2,242.50 $0.00 1 $2,242.50 PCO 002.A

CONCRETE REMOVAL UNDER EXISTING
ROADWAY SF 18000 $8.37 $150,640.00 $0.00 18000 $150,640.00 PCO 002.B CREDIT FOR ROADWAY EXCAVATION CY 333 ($80.00) ($26,640.00) $0.00 333 ($26,640.00) PCO 004.01 TEMPORARY COLD MIX TAPERS ON T&M LS 1 $6,391.50 $6,391.50 $0.00 1 $6,391.50 PCO 006

SET A DOWNSPOUT OF AN EXISTING
BUILDING IN PLACE ON 2ND & BROADWAY LS 1 $1,326.45 $1,326.45 $0.00 1 $1,326.45 PCO 007 WIND STRUCTURE FOOTINGS LS 1 $16,107.25 $16,107.25 $0.00 1 $16,107.25 PCO 008 RELOCATE SEATWALL FOOTING LS 1 $4,478.73 $4,478.73 $0.00 1 $4,478.73 PCO 010
PROVIDE 10 NEW MANHOLE FRAMES AND
LIDS LS 1 $5,500.00 $5,500.00 $0.00 1 $5,500.00
PCO 09 RECYLE WATER PIPELINE LS 1 $53,000.00 $53,000.00 $0.00 1 $53,000.00 PCO 11 EXTRA SOIL IN CENTER MEDIAN LS 1 $1,753.75 $1,753.75 $0.00 1 $1,753.75 PCO 14 EXTRA SIGNS LS 1 $1,887.15 $1,887.15 $0.00 1 $1,887.15 Contract Total $4,099,141.33
Total to Date $4,113,289.33
Less Previous Payments ($3,907,624.87)
TOTAL RETENTION DUE $205,664.46

Page 2 of 2 ends

Item No. 9 (G)

REPORT TO THE CITY COUNCIL
DATE: SEPTEMBER 10, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, PUBLIC WORKS DIRECTOR/CITY

ENGINEER
RE: CONSIDERATION OF AWARD OF BID FOR THE 2024 KING

CITY STREET PROJECT, INCLUDING ADOPTING FINDING OF

A CATEGORICAL EXEMPTION, PURSUANT TO SECTION
15301 OF THE CEQA GUIDELINES
RECOMMENDATION:

It is recommended City Council: 1) award the base bid for the 2024 King City Street Project as proposed by low bidder, Papich Construction, in the amount of $1,648,999.70; 2) authorize the City Manager to approve change orders up to 10%; 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 2024 King City Street Maintenance Project. The project consists of grinding the road section, providing compaction of subbase, installing base rock and asphalt concrete, and striping and the addition of bike lanes on Division Street from Canal Street to First Street. The project also includes grinding and overlaying on Collins Street between N Russ Street and N Third Street. These streets are in poor condition and represent staffs recommended top priority for street improvements at this time.

DISCUSSION:

The project is consistent with the City’s Unfunded Priority Needs Plan prepared early this year and taken to Public Hearing at the May 14, 2024, City Council meeting. It is also consistent with the 5-Year Street and Sidewalk Improvement Capital Improvement Project (CIP) approved by the City Council at the May 28, 2024, meeting.

CITY COUNCIL
CONSIDERATION OF AWARD OF BID FOR THE 2024 KING CITY STREET

PROJECT, INCLUDING ADOPTING FINDING OF A CATEGORICAL
EXEMPTION, PURSUANT TO SECTION 15301 OF THE CEQA GUIDELINES SEPTEMBER 10, 2024
PAGE 2 OF 3
The City received the following bids:

Contractor Base bid
Papich Construction $1,648,999.70
Don Chapin Co $2,136,000.00
Cal Portland Construction $2,189,581.00
Coastal Paving & Excavating Inc. $2,109,109.00
MPE $2,102,956.50
Staff believe this is a competitive and good bid.

COST ANALYSIS:

King City’s Capital Improvement Project titled Annual Street Improvement Program, which includes annual street repaving and slurry projects, has a total appropriation of $3,462,084. The total proposed appropriation with construction management and contingencies for this project is $1,813,937.00. Of this amount, $290,145 will be paid from King City’s SB1 funds (FY 2022-23), $330,802 will be paid from King City’s SB1 funds (FY 2023-24), $353,610 will be paid from King City’s SB1 funds (FY 2024-25), $536,156 will be paid from FY 2024-25 Measure X sales tax funds administered through the Transportation Agency of Monterey County (TAMC), $150,000 will be paid by the General Fund and $87,224 will be paid for by the Wastewater Fund, and $66,000 will be paid by TAMC quick build grant.

Additional work was determined as necessary for Division Street construction.

Approximately $1.4 million is programmed in the Unfunded Priority Needs Plan for this project. Therefore, the additional cost may impact future projects, but staff hopes to address some of the gap through a decrease in using funds allocated for contingency and project management.

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.

CITY COUNCIL
CONSIDERATION OF AWARD OF BID FOR THE 2024 KING CITY STREET

PROJECT, INCLUDING ADOPTING FINDING OF A CATEGORICAL
EXEMPTION, PURSUANT TO SECTION 15301 OF THE CEQA GUIDELINES SEPTEMBER 10, 2024
PAGE 3 OF 3
ALTERNATIVES:

The following alternatives are provided for Council consideration:

1. Award Base Bid of the 2024 King City Street Project as proposed by low bidder, Papich Construction Company Inc. in the proposed amount of $1,648,999.70;

2. Reject bids and solicit new bids;

3. Do not award the 2024 King City Street Project; or

4. Provide other direction to staff.

Exhibits:

1. Bid Summary
Submitted by: _______________________________________________ Octavio Hurtado, Public Works Director/City Engineer
Approved by: ________________________________________________ Steven Adams, City Manager
EXHIBIT 1
Item No. 9(H)

REPORT TO THE CITY COUNCIL
DATE: SEPTEMBER 10, 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 AUGUST 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. 11 (A)

REPORT TO THE CITY COUNCIL
DATE: SEPTEMBER 10, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DOREEN LIBERTO, AICP, COMMUNITY DEVELOPMENT

DIRECTOR
RE: CONSIDERATION OF DISCUSSION REGARDING MOBILE

FOOD VENDOR REGULATIONS
RECOMMENDATION:

It is recommended the City Council receive a presentation on mobile food vendor regulations and options, receive public comment, and direct staff to make no changes to the current regulations.

BACKGROUND:

Over the past few years, the City has received several inquiries from mobile food vendors regarding regulations for operating on private property and within the public right-of-way. With the number of aspiring mobile food businesses and demand for their products on the rise, food vendors offer a viable path for small business incubation. They can be popular due to their convenience, lower prices, and ease of business startup. However, mobile food vendors compete for customers with brick-and-mortar restaurants.

Given the number of inquiries received, staff would like to confirm the City Council still supports the current regulations. This will provide an opportunity for proponents to share their input. No changes are recommended by staff.

DISCUSSION:

Current Regulations
The Municipal Code identifies mobile food facilities as “Itinerant Vendors.” (MC Section 5.34.010 (b)). An Itinerant Vendor means any person setting up a temporary place for selling goods and includes “mobile food facility” as defined in the California Retail Food Code (CRFC). The CRFC contains structural,

CITY COUNCIL

CONSIDERATION OF DISCUSSION REGARDING MOBILE FOOD VENDOR

REGULATIONS
SEPTEMBER 10, 2024
PAGE 2 OF 4
equipment and operational requirements for all retail food facilities. Chapter 10 of the CRFC addresses Mobile Food Facilities. Municipal Code Section 5.32.115 provides regulations concerning Itinerant Vendors. The County of Monterey Environmental Health Department issues health permits and inspects all retail food facilities focused on: 1. improperly holding temperatures, 2. poor personal hygiene, 3. inadequate cooking; 4. contaminated equipment; and 5. food from an unsafe course. The City has limited regulations related to the location and operational standards.

The City has issued Temporary Use Permits (TUP) to allow mobile food vendors.

However, vendors are allowed for only one year under a TUP. This enables mobile food vendors an opportunity to test the market and begin to establish their business before investing in a brick-and-mortar business. Mobile food vendors also have an opportunity to lease a space at the La Cocina, which has been permitted through a Conditional Use Permit (CUP) to operate on Wednesdays and Fridays.

Advantages of Mobile Food Vendors
Mobile food vendors offer a lower cost alternative to opening a brick-and-mortar restaurant and provide a feasible way in which to provide more prepared food options. Being mobile allows a food vendor to expand its customer base beyond the catchment area of a fixed location. Popular mobile food vendors attract foot traffic and encourage social interaction. In communities with lively food vendor scenes, local gatherings featuring multiple vendors often serve as attractions for residents and visitors alike.

Disadvantages of Mobile Food Vendors
Successful centralized food truck locations are typically found in highly dense cities with a population base sufficient to support both the food trucks and brick and mortar restaurants as people look for dining options. Despite economic and social opportunities, mobile food vendors pose challenges for communities as they try to balance competing interests, particularly small communities with economic development constraints. Restaurant owners often claim that mobile food vendors have an unfair advantage since they do not have to pay the costs for capital improvements, fees, and the same regulatory requirements.

The City has undertaken an extensive effort to revitalize the downtown area. It is largely focused on improvements designed to make the downtown a more vibrant and pedestrian oriented area to attract visitors who will help support more business development. The effort is specifically targeting more brick-and-mortar restaurants, which has been a significant challenge. Therefore, mobile food

CITY COUNCIL

CONSIDERATION OF DISCUSSION REGARDING MOBILE FOOD VENDOR

REGULATIONS
SEPTEMBER 10, 2024
PAGE 3 OF 4
vendors could disrupt the progress by providing lower cost alternatives in the areas where the City hopes to fill storefronts with food establishments. At the same time, allowing them in areas outside the downtown may draw people away from the locations the City is trying to concentrate activity, particularly in the evening.

In addition, mobile food vendors typically need to utilize a parking area to locate a food truck. This can impact valuable parking availability in the City’s commercial areas.

Regulation Considerations
The following include some of the considerations involved in mobile food vendor regulations:
• Location where food vendors are allowed and/or prohibited • Restrictions on days and/or times
• Restrictions on numbers allowed
• Operational standards
• Signage and promotion allowed
• Health and safety standards
• Permitting requirements and enforcement
COST ANALYSIS:

There are no costs associated with staff’s recommendation. Changes in the regulations could involve legal and administrative staffing costs.

ENVIRONMENTAL REVIEW:

The project is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Guidelines to Implement CEQA, which states that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question, the proposed Code Amendment, may have a significant effect on the environment, the activity is not subject to CEQA.

ALTERNATIVES:

1. Make no changes to the current regulations;

§ 5.34.115. Regulations concerning itinerant vendors.

The following regulations shall apply to itinerant vendors as defined in Section 5.34.010:
(Ord. 779 § 3, 2019)
(a) No itinerant vendor shall park or stand on a public sidewalk in a manner which blocks or prevents pedestrian traffic or violates any of the requirements of the Americans with Disabilities Act or California Disabled Persons Act.
(b) Itinerant vendors shall not stand or park in any parking lot of any public park in a manner which blocks or prevents vehicle traffic, pedestrian traffic or violates any of the requirements of the Americans with Disabilities Act or California Disabled Persons Act. Vendors within a park shall only park their vehicle, including, but not limited to, personal vehicle or mobile food truck, adjacent to a public park in spaces designated by signage. The designations shall be made and posted from time to time by the city manager or designee, who may limit the number of spaces for itinerant vendors. Vendor vehicles, including but not limited to personal vehicle or mobile food truck, not parked within the designated parking spaces shall constitute a public nuisance and shall be subject to the provisions of this code. (c) No chairs or tables are allowed to be placed on the sidewalk in a manner which blocks or prevents pedestrian traffic or violates any of the requirements of the Americans with Disabilities Act or California Disabled Persons Act.
(d) Vendors shall remove any debris from the sales, ensure a receptacle is available for the disposal of debris, and make sure that the area is kept clean. (e) School Zones. No itinerant vendor shall stand or park within three hundred feet of any school zone weekdays, Monday through Friday, from eight a.m. to four p.m. except for holidays and when school is not in session.
(f) Public Streets. Consistent with Section 10.22.050, no itinerant vendor shall stand or park on any street in a commercial zone any truck, trailer, wagon or push cart in a manner which blocks or prevents vehicle traffic, pedestrian traffic or violates any of the requirements of the Americans with Disabilities Act or California Disabled Persons Act. (g) Private Property. Itinerant vendors shall be permitted on developed private property only in commercial, industrial and open space zoning districts. The area occupied by each itinerant vendor on private property shall not exceed nine hundred square feet and shall be located on hard surface paving. Itinerant vendors are prohibited in residential zoning districts.

City of King, CA
Downloaded from https://ecode360.com/KI4948 on 2024-09-03 Exhibit 1
Item No. 11 (B)

REPORT TO THE CITY COUNCIL
DATE: SEPTEMBER 10, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF MEMORANDUM OF UNDERSTANDING

WITH THE HOUSING AUTHORITY OF THE COUNTY OF

MONTEREY FOR PURCHASE AND SALE OF REAL PROPERTY
RECOMMENDATION:

It is recommended the City Council approve and authorize the City Manager to execute a Memorandum of Understanding (“MOU”) with the Housing Authority of the County of Monterey (“HACM”) to purchase the real property at 1130 Broadway Street from the City when acquired.

BACKGROUND:

King 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 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 and established a goal to serve as a model for other small rural communities. The efforts have involved a partnership with the County of Monterey, Step Up on Second Street, Housing Authority for Monterey County, Coalition of Homeless Service Provides, school districts, and numerous social service agencies.

The most significant step was to apply for and receive approval for a Homekey project grant, which is proposed to be a permanent supportive housing facility.

The former Days Inn hotel was acquired by the developer of the project, Shangra-La Industries, LLC. However, the project experienced significant delays and then foreclosure of the property due to serious financial problems and mismanagement of the project by the developer.

Exhibit 1

King City City CouncilSeptember 10, 2024

King City City Council
September 10, 2024