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 24, 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
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 September 10, 2024
Recommendation: approve and file
9(A) SEPTEMBER 10, 2024 MINUTES_.PDF
Consideration: City Of King Check Register September 1, Through September 15, 2024 Recommendation: receive and file.
9(B) CITY COUNCIL AP 9-24-24.PDF
Consideration: Allocation Of American Rescue Plan Act (ARPA) Interest Revenue Recommendation: appropriate interest earnings from the American Rescue Plan Act (ARPA) revenues in the amount of approximately $130,00 as follows: 1) up to $100,000 for the Downtown Outdoor Dining Program; and 2) any remaining unexpended amount to the Visitor and History Center project. 9(C) ARPA INTEREST ALLOCATION.PDF
3. 4.
5. 6.
7. 8.
9. A.
Documents:
B.
Documents:
C.
Documents:
$100,000 for the Downtown Outdoor Dining Program; and 2) any remaining unexpended amount to the Visitor and History Center project. 9(C) ARPA INTEREST ALLOCATION.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) CC FOOD TRUCK STAFF REPORT.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.
.
Pursuant to Government Code Section 54956.8 to confer with legal counsel and real property negotiators: City Manger Steven Adams and City Attorney Roy C. Santos, concerning the possible terms and conditions of acquisition of Parcel #026-193-012 and portions of Parcel #026-193-010 and Parcel #026-193-007.
ADJOURNMENT
The City of King is an equal opportunity provider and
employer
Documents:
10. 11.
A.
Documents:
12. A.
13.
City Council Meeting
September 10, 2024
1.__CALL TO ORDER:
Regular Meeting called to order at 6:00pm by Mayor LeBarre.
2.__ROLL CALL:
City Council: Mayor Mike LeBarre, Council member Carlos DeLeon, Mayor Pro Tem Carlos Victoria, Council member Rob Cullen, Council members Oscar Avalos.
City Staff: City Manager Steven Adams; City Attorney Roy Santos; City Clerk, Erica Sonne.
3.__FLAG SALUTE:
The flag salute was led by Mayor LeBarre.
4. CLOSED SESSION ANNOUNCEMENTS:
None
5.__SPECIAL PRESENTATIONS:
Mayor LeBarre presented Jacob’s Heart Proclamation to representative Esmeralda Rivera Luna.
Mayor LeBarre stated that item 11(A) will be continued tonight at heard at the next meeting.
6. PUBLIC COMMUNICATIONS:
A homeless lady came in to inquire about the Days Inn homeless facility because she was at a meeting in 2022 and they said 2024 it would be open. She was told that the date now would be Fall of 2025. She asked about the Monarch Inn and if there were vacancies. She was told unfortunately no vacancies. She was told to come into City Hall to get information on getting some help.
7. COUNCIL COMMUNICATIONS:
Council Member Avalos stated that the Chamber of Commerce is putting on an El Grito Parade this Sunday at 10:30 with a celebration following the parade for Mexican Independence Day. Music, food vendors etc.
Council Member DeLeon stated he had nothing to report this evening.
Council Member Cullen stated that the Highlights for the Salinas Valley Solid Waste Authority are in the packet. If anyone has any questions, please let him know. He thanked the Police Department for what they did for his District block party while not as large as others it went well. Rotary will be having their meeting at the Golf Course with First Tee to receive a presentation on the Student Learning Center which they are coordinating on to raise funds for. He will not be at the next City Council meeting.
Mayor Pro Tem Victoria thanked everyone who participated in putting on council member Cullen’s block party. Tomorrow is his AMBAG Meeting. He also commented on how many other communities will be celebrating independence this weekend as will be the El Grito celebration. 9(A)
Mayor LeBarre stated he will be participating in the Patriots Day Celebration at Fort Hunter Liggett. He will be attending El Grito as well. Next month is King City’s turn to host Monterey County Mayors meeting.
8. CITY STAFF REPORTS AND COMMENTS:
City Manager Adams stated he had nothing to report tonight.
City Attorney Santos stated he had nothing to report tonight.
9. CONSENT
A. Consideration: Meeting Minutes of August 27, 2024, Council Meeting B. Consideration: City of King Check Register August 21, through August 31, 2024 C. Consideration: Designation and Liquidation of Obsolete Electronic Equipment D. Consideration: An Ordinance Amending Municipal Code Chapter 17.26 (Highway Service Zoning District) to Exclude Residential Development, Change Landscaping Requirements and Other Minor Changes
E. Consideration: An Ordinance Amending 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 F. Consideration: Notice of Completion King City Downtown Streetscape Project Intersection Improvements
G. Consideration: 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 H. Consideration: City of King KCCP Payments for the Month of August 2024 Action: Motion to approve consent agenda items A-H by Victoria seconded by Avalos.
AYES: Council Members: LeBarre, DeLeon, Victoria, Cullen, Avalos, NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
10. PUBLIC HEARINGS:
None
11. REGULAR BUSINESS
A. Consideration: Discussion Regarding Mobile Food Vendor Regulations This item was pulled earlier in the meeting a will be heard at the next meeting.
B. Consideration: Memorandum of Understanding with the Housing Authority of the County of Monterey for Purchase and Sale of Real Property
City Manager Steven Adams introduced this item.
Action: Motion to 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.
by Cullen seconded by DeLeon.
AYES: Council Members: LeBarre, DeLeon, Victoria, Cullen, Avalos, NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
12. CITY COUNCIL CLOSED SESSION
None
ADJOURNMENT:
Mayor LeBarre adjourned the meeting at 6:17p.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 24, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER
SEPTEMBER 1 THROUGH SEPTEMBER 15, 2024
RECOMMENDATION:
It is recommended City Council receive and file.
BACKGROUND:
At least once a month, the City Treasurer shall submit to the City Council, a copy of the invoices paid for the previous month.
DISCUSSION:
The purpose of this item is to provide the Council an opportunity to review and monitor ongoing expenditures. These documents are attached.
COST ANALYSIS:
There is no fiscal impact as a result of this action.
ENVIRONMENTAL REVIEW:
No Environmental Review required for this item.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
1. Receive and file the report; or
2. Provide other direction to staff regarding requests for additional information.
Item No. 9 (C)
REPORT TO THE CITY COUNCIL
DATE: SEPTEMBER 24, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF ALLOCATION OF AMERICAN RESCUE
PLAN ACT (ARPA) INTEREST REVENUE
RECOMMENDATION:
It is recommended the City Council appropriate interest earnings from the American Rescue Plan Act (ARPA) revenues in the amount of approximately $130,00 as follows: 1) up to $100,000 for the Downtown Outdoor Dining Program; and 2) any remaining unexpended amount to the Visitor and History Center project.
BACKGROUND:
The American Rescue Plan Act (ARPA) is a $1.9 trillion economic stimulus bill passed by the United States Congress and signed into law by the President on March 11, 2021. ARPA provides $350 billion in emergency funding for eligible state, local, territorial, and tribal governments to respond to the COVID-19 emergency and bring back jobs. This portion of the stimulus bill is referred to as Coronavirus State and Local Fiscal Recovery Funds. The allocation approved for the City of King was $3,362,518.
At the March 8, 2022 meeting, the City Council approved staff’s recommended expenditure plan for the ARPA funds. It was later slightly modified in the FY 2023-24 Biennial Budget. The current allocation is as follows:
COVID-19 Community Assistance Coordinator $50,000
Enhanced Cleaning Services $247,000
Downtown Restaurant Outdoor Dining Area Grants $200,000 Downtown Streetscape Project $2,025,000
Visitor and History Center Project $176,171
Permanent Supportive Housing Project $100,000
CITY COUNCIL
CONSIDERATION OF ALLOCATION OF AMERICAN RESCUE PLAN ACT (ARPA) INTEREST REVENUE
SEPTEMBER 24, 2024
PAGE 2 OF 3
Council Chambers Audio Video Equipment $44,347
Installation of Security Cameras $435,000
Youth Diversion Program $85,000
Total $3,362,518
Funds must be expended by December 31, 2024. Since funds have been received prior to all expenditures occurring, interest revenue has accumulated that also needs to be spent by the deadline. Therefore, staff is recommending that revenue be appropriated at this time.
DISCUSSION:
The City has received additional applications for downtown restaurant outdoor dining grants, which will exceed the amount allocated for that program. Staff believe the improvements are a key component of the City’s downtown revitalization effort. Therefore, staff is recommending interest earnings be allocated for that program.
It has not yet been determined the exact figure of interest earnings or the amount of funds needed to fund the additional grant applications. As a result, it is recommended City Council approve appropriating the interest revenue needed to fund the remaining grants and the remaining unexpended interest revenue be allocated to the Visitor and History Center Project budget.
COST ANALYSIS:
The interest revenue is anticipated to be approximately $103,000. It is anticipated that approximately $50,000 to $75,000 will be needed for outdoor dining grants.
ENVIRONMENTAL REVIEW:
The funding allocations are not a “project” for the purposes of the California Environmental Quality Act (CEQA) as it does not have the potential for resulting in either a direct physical change to the environment or a reasonably foreseeable indirect physical change in the environment. No further action is required under CEQA for City Council action at this time.
Item No. 11 (A)
REPORT TO THE CITY COUNCIL
DATE: SEPTEMBER 24, 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 comments, 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.
This item was continued from September 10th to September 24th so staff could notify various stakeholders of the City Council discussion.
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
CITY COUNCIL
CONSIDERATION OF DISCUSSION REGARDING MOBILE FOOD VENDOR
REGULATIONS
SEPTEMBER 24, 2024
PAGE 2 OF 4
temporary place for selling goods and includes “mobile food facility” as defined in the California Retail Food Code (CRFC). The CRFC contains structural, 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
CITY COUNCIL
CONSIDERATION OF DISCUSSION REGARDING MOBILE FOOD VENDOR
REGULATIONS
SEPTEMBER 24, 2024
PAGE 3 OF 4
business development. The effort is specifically targeting more brick-and-mortar restaurants, which has been a significant challenge. Therefore, mobile food 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.
§ 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