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 OCTOBER 8, 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
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* Please submit all correspondence for City Council PRIOR to the meeting with a copy to the City Clerk.
CALL TO ORDER
ROLL CALL:
Coucil Members Oscar Avalos, Carlos DeLeon, Robert Cullen, Mayor Pro Tem Carlos Victoria, and Mayor Mike LeBarre
FLAG SALUTE
CLOSED SESSION ANNOUNCEMENTS
1. 2.
3. 4.
Coucil Members Oscar Avalos, Carlos DeLeon, Robert Cullen, Mayor Pro Tem Carlos Victoria, and Mayor Mike LeBarre
FLAG SALUTE
CLOSED SESSION ANNOUNCEMENTS
SPECIAL PRESENTATIONS
PUBLIC COMMENT
Any member of the public may address the Council for a period not to exceed three minutes’ total on any item of interest within the jurisdiction of this Council that is not on the agenda. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda. Comments should be directed to the Council as a whole and not to any individual Council Member.
Slanderous, profane or personal remarks against any Council Member, staff member or member of the audience is not permitted.
COUNCIL COMMUNICATIONS & COMMITTEE REPORTS
Individual Council Members may comment on Council business, his or her Council 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 Any Council Member, the City Manager, or the City Attorney may request that an item be withdrawn from the Consent Agenda to allow for full discussion.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 24, 2024
Recommendation: approve and file.
9(A) 09-24-2024 CITY COUNCIL MEETING MINUTES.PDF
Consideration: City Of King Check Register September 16, Through September 30, 2024 Recommendation: receive and file.
9(B) SEPTEMBER 16-30 CHECK REGISTER.PDF
Consideration: Cancellation Of Regular Meeting On December 24, 2024 Recommendation: cancel the regularly scheduled meeting on December 24, 2024. 9(C) CANCELLATION OF REGULAR MEETING ON DECEMBER 24,
2024.PDF
Consideration: Public Participation Plan
Recommendation: adopt the proposed Public Participation Plan in accordance with 24
3. 4.
5. 6.
7. 8.
9. A.
Documents:
B.
Documents:
C.
Documents:
D.
9(C) CANCELLATION OF REGULAR MEETING ON DECEMBER 24,
2024.PDF
Consideration: Public Participation Plan
Recommendation: adopt the proposed Public Participation Plan in accordance with 24 CFR Part 570, the California Department of Housing and Community Development's (HCD) Public Participation Plan, and Chapter 4 of the Grants Management Manual. 9(D) PUBLIC PARTICIPATION PLAN - CDBG.PDF
Consideration: Residential Anti-Displacement And Relocation Plan Recommendation: adopt the proposed Residential Anti-Displacement and Relocation Plan, which outlines the City's strategies for minimizing displacement and providing relocation assistance to residents affected by City initiated or supported development projects.
9(E) ANTI-DISPLACEMENT AND RELOCATION PLAN - CDBG.PDF
Consideration: Amendment No. 2 To The Riverbed Wildfire Prevention Plan Consultant Services Agreement
Recommendation: approve and authorize the City Manager to execute the second amendment to the Consultant Services Agreement with EMC specifically to Exhibit "C" Project Schedule of the Riverbed Wildfire Prevention Plan. 9(F) AMENDMENT NO. 2 TO THE RIVERBED WILDFIRE PREVENTION PLAN CONSULTANT SERVICES AGREEMENT.PDF
Consideration: Award Of Bid For King City 2024 Tennis/Pickleball Court Project, Including Adopting Finding Of A Categorical Exemption, Pursuant To Section 15301 Of The CEQA Guidelines
Recommendation: 1) award the base bid for the King City Tennis/Pickleball Court Project as proposed by low bidder, Vintage Contractors Inc., in the amount of $117,070; 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.
9(G) AWARD OF BID FOR KING CITY TENNIS-PICKLEBALL COURT PROJECT.PDF
Consideration: Amended Purchasing And Procurement Policy Recommendation: adopt a Resolution approving as amended Purchasing and Procurement Policy.
9(H) AMENDED PURCHASING AND PROCUREMENT POLICY.PDF
PUBLIC HEARINGS
REGULAR BUSINESS
Documents:
D.
Documents:
E.
Documents:
F.
Documents:
G.
Documents:
H.
Documents:
10. 11
9(H) AMENDED PURCHASING AND PROCUREMENT POLICY.PDF
PUBLIC HEARINGS
REGULAR BUSINESS
Consideration: 2024 Community Development Block Grant (CDBG) Notice Of Funding Availability (NOFA) Application - Neighborhood Availability Improvement Project, Including Finding Of A Categorical Exemption Pursuant To Section 15301 Of The CEQA Guidelines And Finding Of A NEPA Categorical Exclusion Pursuant To Section 58.5 Of 24 CFR, Part 58
Recommendation: 1) adopt a Resolution approving the submission of the 2024 Community Development Block Grant (CDBG) Notice of Funding Availability (NOFA) application for the Neighborhood Street Improvement Project and authorizing the Mayor to execute all necessary documents related to the application; and 2) adopt a Resolution finding the project is exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, adopting a Class 1 Categorical Exemption, and finding that the project qualifies for a National Environmental Protection Act (NEPA) Categorical Exclusion subject to Section 58.5 of 24 CFR, Part 58; and 3) instruct the City Clerk to file a Notice of Exemption with the County Clerk. 11(A) 2024 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) NOTICE OF FINDING AVAILIABLITY (NOFA) APPLICATION.PDF
Consideration: Second Amendment To Monarch Inn Lease Agreement Recommendation: 1) approve and authorize the City Manager to execute a Second Amendment to the Lease Agreement for the Monarch Inn for the temporary homeless shelter program; and 2) appropriate $135,000 from the General Fund unappropriated fund balance for a portion of the rent costs.
11(B) SECOND AMENDMENT TO MONARCH INN LEASE AGREEMENT.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.
Conference With Legal Counsel – Regarding Commencing Litigation Pursuant To Government Code Section 54956.9. Case: 1
ADJOURNMENT
The City of King is an equal opportunity provider and employer.
Documents:
10. 11.
A.
Documents:
B.
Documents:
12. A.
13.
City Council Meeting
September 24, 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 (absent), 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:
None
6. PUBLIC COMMUNICATIONS:
None
7. COUNCIL COMMUNICATIONS:
Council Member DeLeon stated he had nothing to report this evening.
Council Member Avalos stated he had nothing to report this evening.
Mayor Pro Tem Victoria stated that he wasn’t able to make El Grito but thanked the Chamber for the El Grito celebration.
Mayor LeBarre stated that El Grito was nice. He attended the Fort Hunter Liggett Micro Grid celebration.
The Coastal Commission meeting was in Monterey and the Surf Project is moving forward which means that people can ride the bus for $2.00 and go where they need to go.
8. CITY STAFF REPORTS AND COMMENTS:
City Manager Adams stated he had nothing to report tonight.
Assistant City Attorney Chaffin updated the Council on Grocery Outlet.
Mayor LeBarre stated that item 9(C) would be pulled for discussion.
9. CONSENT
A. Consideration: Meeting Minutes of September 11, 2024, Council Meeting B. Consideration: City of King Check Register September 1, through September 15, 2024 C. Consideration: Allocation of American Rescue Plan Act (ARPA) Interest Revenue Action: Motion to approve consent agenda items A and B by Victoria seconded by Avalos.
AYES: Council Members: LeBarre, DeLeon, Victoria, Avalos, NOES: Council Members:
ABSENT: Council Members: Cullen,
ABSTAIN: Council Members:
City Manager Adams stated that he’d like to modify the recommendation in the suggested distribution of funding recommending $25,000 be used for the downtown electric vehicle charging station design and the rest allocated to Outdoor Dining Grants and any remaining unexpended amount the Visitor and History Center Project.
Action: Motion to approve consent agenda item C by Avalos seconded by DeLeon.
AYES: Council Members: LeBarre, DeLeon, Victoria, Avalos, NOES: Council Members:
ABSENT: Council Members: Cullen,
ABSTAIN: Council Members:
10. PUBLIC HEARINGS:
None
11. REGULAR BUSINESS
A. Consideration: Discussion Regarding Mobile Food Vendor Regulations Community Development Director Doreen Liberto introduced this item with a PowerPoint presentation.
Francisco Chavez owner of La Potranca de Jalisco at 201 Broadway. He is for a person getting a business started but he would like to keep the regulations the way they are because a food truck close to his business could take away from his business. He further explained that he has had lots of positive comments from travelers passing through about the new look of the downtown and he knows that people get tacos and walk down and get ice cream in one direction or walk the other direction to the bakery and get a pastry. They stay longer and spend more money.
Joel Silvester from Taqueria 3 Hermanas has a food truck that he can only sell for 2 days a week at La Cucina and it’s not enough for he and his family to live off of. He would like to be able to sell more days a week. He needed clarification on what they were talking about. Temporary Use Permits for food trucks are for 6 months on private property and can be extended for 6 months to try to get a permanent location in a brick and mortar. He has come into the city but has been told no even though he has found a location to get set up. He will meet with the planning department next week.
Tina Lopez, owner of La Cucina and Joel is one of her vendors. She feels that 6 months to a year to transition to a brick and mortar is fair. He has come to inquire at City Hall about more time if he can find a location, but he has been told no. She does have many people that want to sell the same things come and she can’t because of the marketplace she has, she wants choices.
Andrew Marmolejo agrees with keeping the regulations the same. He feels that the way things are right now is fair for everyone and it works. He doesn’t feel that small business food trucks and such doesn’t make our town look trashy it enhances it.
City Manager Adams clarified that we have had several food trucks show interest. We wanted to give them the opportunity to start and try it before they go into a brick and mortar.
Lots of discussion and many concerns voiced by the City Council.
City Council is in consensus to receive a presentation on mobile food vendor regulations and options, and directed staff to bring back areas of regulations, restrictions of where TUP’s can be, a list of where food trucks can be, and how many food trucks to allow in the city at a later meeting.
12. CITY COUNCIL CLOSED SESSION
None
ADJOURNMENT:
Mayor LeBarre adjourned the meeting at 6:59p.m. to closed session. There being no further business Mayor LeBarre adjourned the meeting at 7:10p.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: OCTOBER 8, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER
SEPTEMBER 16 THROUGH SEPTEMBER 30, 2024
RECOMMENDATION:
It is recommended City Council receive and file.
BACKGROUND:
At least once a month, the City Treasurer shall submit to the City Council, a copy of the invoices paid for the previous month.
DISCUSSION:
The purpose of this item is to provide the Council an opportunity to review and monitor ongoing expenditures. These documents are attached.
COST ANALYSIS:
There is no fiscal impact as a result of this action.
ENVIRONMENTAL REVIEW:
No Environmental Review required for this item.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
1. Receive and file the report; or
2. Provide other direction to staff regarding requests for additional information.
Item No. 9 (C)
REPORT TO THE CITY COUNCIL
DATE: OCTOBER 8, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF CANCELLATION OF REGULAR MEETING
ON DECEMBER 24, 2024
RECOMMENDATION:
It is recommended that the City Council cancel the regularly scheduled meeting on December 24, 2024.
BACKGROUND:
The City Council has traditionally cancelled the second regularly scheduled meeting in December. This year, this meeting would fall on the 24 th of
December.
DISCUSSION:
The second meeting in December this year falls on December 24 th
. Since
Christmas Eve falls on a Tuesday and Christmas Day on a Wednesday, employees will receive their Christmas Eve holiday on December 24 th
. There are
also normally many activities and scheduling conflicts around the holidays, a number of employees request leave, and City Hall is closed during that week.
Cancelling the meeting allows the Council and staff to enjoy the holidays with their families and friends.
COST ANALYSIS:
The meeting cancellation typically results in a small savings in overtime pay.
Item No. 9 (D)
REPORT TO THE CITY COUNCIL
DATE: OCTOBER 8, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF PUBLIC PARTICIPATION PLAN
RECOMMENDATION:
It is recommended the City Council adopt the proposed Public Participation Plan in accordance with 24 CFR Part 570, the California Department of Housing and Community Development’s (HCD) Public Participation Plan, and Chapter 4 of the Grants Management Manual.
BACKGROUND:
The City of King receives federal funding through the U.S. Department of Housing and Urban Development (HUD) under the Community Development Block Grant (CDBG) program and State funding through the California Department of Housing and Community Development (HCD). These programs require the City to ensure that residents, particularly those who are low- and moderate-income, are provided with opportunities to participate in the planning, implementation, and evaluation of funded activities.
Federal regulations at 24 CFR Part 570 and HCD’s Public Participation Plan, as detailed in Chapter 4 of the Grants Management Manual, require the City to adopt a formal Public Participation Plan. This plan outlines the strategies and procedures the City will use to engage the public in meaningful ways, ensuring that their input is considered in the decision-making process.
DISCUSSION:
The proposed Public Participation Plan has been developed to meet the requirements of 24 CFR Part 570, HCD’s Public Participation Plan, and Chapter 4 of the Grants Management Manual. Key elements of the plan include:
CITY COUNCIL
CONSIDERATION OF PUBLIC PARTICIPATION PLAN
OCTOBER 8, 2024
PAGE 2 OF 3
1. Public Notice and Accessibility: Ensuring that all public meetings and notices are accessible to residents, including those with disabilities and those who speak languages other than English. The plan includes provisions for providing adequate notice of public hearings and making materials available in formats that are accessible to all residents.
2. Public Hearings: Conducting at least two public hearings to solicit input from residents on the City’s housing and community development needs and to review program performance. These hearings will be scheduled at times and locations that are convenient and accessible to the public.
3. Outreach to Low- and Moderate-Income Residents: Implementing targeted outreach strategies to ensure that low- and moderate-income residents, as well as other historically underserved populations, are aware of and able to participate in public participation activities. This may include partnerships with community organizations, use of social media, and distribution of materials through local networks.
4. Consideration of Public Comments: Establishing a process for considering and responding to public comments on proposed plans and activities. This includes ensuring that public input is documented and considered in the final decision-making process.
5. Ongoing Review and Updates: The plan provides for regular review and updates to ensure that it remains responsive to community needs and complies with changing regulations and best practices.
Adoption of this plan will not only ensure compliance with federal and state requirements but will also promote greater transparency, accountability, and community involvement in the City’s decision-making processes.
COST ANALYSIS:
There is no direct fiscal impact associated with the adoption of the Public Participation Plan. Implementation of the plan’s activities will be supported by existing City resources and, where applicable, through funding provided by HUD and HCD programs.
ENVIRONMENTAL REVIEW:
This action is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as it does not have the potential for resulting in either a direct physical change to the environment or a reasonably foreseeable indirect physical
Item No. 9 (E)
REPORT TO THE CITY COUNCIL
DATE: OCTOBER 8, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF RESIDENTIAL ANTI-DISPLACEMENT
AND RELOCATION PLAN
RECOMMENDATION:
It is recommended the City Council adopt the proposed Residential AntiDisplacement and Relocation Plan, which outlines the City’s strategies for minimizing displacement and providing relocation assistance to residents affected by City-initiated or supported development projects.
BACKGROUND:
The City of King is dedicated to fostering sustainable development while protecting the rights and well-being of its residents. Development projects, particularly those involving public or private investment supported by the City can sometimes lead to the displacement of residents, particularly those in low-income and vulnerable communities.
Federal and state regulations, including the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA) and the California Relocation Assistance Law, mandate that the City provide relocation assistance to residents who are displaced due to such projects. These regulations also require the City to develop and adopt an Anti-Displacement and Relocation Plan to ensure that displaced residents receive fair and adequate assistance. The plan is also required to submit the City’s Community Development Block Grant application.
DISCUSSION:
1. Minimizing Displacement: The plan outlines strategies for evaluating potential displacement during the planning stages of development projects and explores alternatives to minimize displacement whenever possible.
CITY COUNCIL
CONSIDERATION OF RESIDENTIAL ANTI-DISPLACEMENT AND
RELOCATION PLAN
OCTOBER 8, 2024
PAGE 2 OF 3
2. Relocation Assistance: The plan specifies the types of relocation assistance that will be provided to displaced residents, including financial assistance for moving expenses, support in finding replacement housing, and additional assistance for vulnerable populations such as elderly and disabled residents.
3. Public Engagement: The plan emphasizes the importance of involving the community, particularly those who are most at risk of displacement, in the planning and decision-making processes for development projects. This includes public meetings, consultations, and opportunities for residents to provide input.
4. Compliance with Legal Requirements: The plan ensures that the City complies with all relevant federal and state laws regarding displacement and relocation assistance, thereby protecting the City from potential legal challenges.
5. Monitoring and Reporting: The plan includes provisions for monitoring the implementation of displacement and relocation activities and reporting on outcomes to ensure transparency and accountability.
By adopting this plan, the City of Corning will not only comply with legal requirements but also affirm its commitment to equitable and sustainable development that protects the rights and well-being of all residents.
COST ANALYSIS:
The implementation of the Residential Anti-Displacement and Relocation Plan may involve costs related to providing relocation assistance to displaced residents. These costs will be considered as part of the overall budget for each applicable development project and will be funded through existing City resources or project-specific funding. However, most of these costs are already required by State and Federal law. Therefore, the policy is not anticipated to create new costs.
ENVIRONMENTAL REVIEW:
This action is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as it does not have the potential for resulting in either a direct physical change to the environment or a reasonably foreseeable indirect physical change in the environment. No further action is required under CEQA for City Council action.
Item No. 9 (F)
REPORT TO THE CITY COUNCIL
DATE: OCTOBER 8, 2024
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DOREEN LIBERTO, AICP, COMMUNITY DEVELOPMENT
DIRECTOR
RE: CONSIDERATION OF AMENDMENT NO. 2 TO THE RIVERBED
WILDFIRE PREVENTION PLAN CONSULTANT SERVICES
AGREEMENT
RECOMMENDATION:
It is recommended the City Council approve and authorize the City Manager to execute the second amendment to the Consultant Services Agreement with EMC specifically to Exhibit “C” Project Schedule of the Riverbed Wildfire Prevention Plan.
BACKGROUND:
In 2022, the City was granted a $224,000 grant from the State of California Department of Forestry and Fire Protection (“Cal Fire”) – Office of the State Fire Marshal to prepare a Riverbed Wildfire Prevention Plan (“Plan”). Of the $224,000 grant, $190,000 was allocated specifically for the contract services of preparation of the Plan. On September 26, 2023, the City Council approved and authorized a consultant services agreement with EMC for the preparation of the Riverbed Wildfire Prevention Plan for $180,315. On September 27, 2023, the original contract was executed. On March 12, 2024, the first amendment to the contract was approved to increase the contract cost to $185,727.50 to account for additional services involving public outreach.
The original terms of the contract were for a one-year period expiring on September 27, 2024. Per Section 3.2 of the contract, the Contract Officer is allowed to approve an extension for 30 consecutive days. That extension approval was granted on September 24, 2024 and extended the contract to October 27, 2024. Therefore, the contact is now about to expire and needs to be extended again to complete the project.
CITY COUNCIL
CONSIDERATION OF AMENDMENT NO. 2 TO THE RIVERBED WILDFIRE
PREVENTION PLAN CONSULTANT SERVICES AGREEMENT
OCTOBER 8, 2024
PAGE 2 OF 3
DISCUSSION:
EMC’s updated project schedule anticipates having the Riverbed Wildfire Prevention Plan completed by November 10, 2024. Staff’s recommendation is to extend the contract date until January 31, 2025 in case there are any delays in public hearings and if needed for the update of the Safety Element. The Safety Element update is planned to be ready for approval early next year and is part of the CalFire grant deliverables.
Therefore, Amendment No. 2 includes an updated Exhibit “C” to the original contract’s Project Schedule as referenced in Exhibit 1 below. The amended project schedule is necessary to finalize the Riverbed Wildfire Prevention Plan.
COST ANALYSIS:
The proposed does not include any amendments to the contract award amount.
ENVIRONMENTAL REVIEW:
Pursuant to CEQA, this matter is not a “project” for the purposes of CEQA Guidelines Section 15378 as there is no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In the alternative, the City has also performed a preliminary environmental assessment of this project pursuant to CEQA and, pursuant to CEQA Guidelines Section 15061(b)(3), there is no possibility that this matter may have a significant impact on the environment because the action is to authorize a contract to write a Riverbed Fire Prevention Plan.
ALTERNATIVES:
The following recommendations are provided for City Council consideration:
1. Authorize the City Manager to execute the amended contract with EMC;
2. Direct staff to modify EMC’s proposal;
3. Do not authorize the City Manager to execute the amended contract with EMC;
4. Request additional information; or
5. Provide staff other direction.
Exhibits:
1. Updated Project Schedule Contract Agreement Exhibit “C”
September 24, 2024
Doreen Liberto, AICP, MDR
Community Development Director
City of King
212 South Vanderhurst Avenue
King City, CA 93930
Re: King City Riverbed Wildfire Prevention Plan
Updated Exhibit “C” (Schedule of Performance)
Dear Doreen,
Per your request, EMC Planning Group is submitting an updated project schedule (dated August 16, 2024). The updated project schedule replaces the original Exhibit “C” (Schedule of Performance) for our original Contract Professional Services Agreement associated with the above referenced project, which was originally executed on September 27, 2023. The contract is currently in the process of being extended for an additional 30 days beyond the current expiration date (September 27, 2024) while City staff seek to approve an extension to the contract beyond those 30 additional days.
Please let me know if you have any questions after reviewing this updated exhibit. We greatly appreciate the opportunity to work with City staff on this project.
Sincerely,
Stuart Poulter, AICP, MCRP
Senior Planner
Attachment – Updated Project Schedule (dated August 16, 2024); Exhibit “C” (Schedule of Performance) for Contract Professional Services Agreement Exhibit 1
Activity Name Start Date Finish Date
24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 4 11 18 25 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 1 8 15 22 29 6 13 20 27 3 10 17 24 Oct 2023 Nov 2023 Dec 2023 Jan 2024 Feb 2024 Mar 2024 Apr 2024 May 2024 Jun 2024 Jul 2024 Aug 2024 Sept 2024 Oct 2024 Nov 2024 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 4 11 18 25 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 1 8 15 22 29 6 13 20 27 3 10 17 24 Authorization to Proceed 9/27/23 9/27/23Kick-Off Meeting/Stakeholder Meeting (1) 10/11/23 10/11/23Stakeholder Outreach Plan and Community Outreach 11/15/23 8/7/24 Stakeholder Meeting (2) 11/15/23 11/15/23Site Visit/Stakeholder Meeting (3) 12/6/23 12/6/23Community Meeting (1) 2/28/24 2/28/24Community Meeting (2) 8/7/24 8/7/24Stakeholder Meeting (4) 5/23/24 5/23/24 Riverbed Wildfire Prevention Plan 10/23/23 9/27/24
Review Existing Documentation/Assess Existing Conditions 10/23/23 12/1/23Site Visit/Field Survey/Stakeholder Meeting(s)/Fire & FuelsModeling 12/4/23 2/23/24
Admin Draft Draft Riverbed Wildfire Prevention Plan 2/5/24 3/1/24Lead Agency Review 3/4/24 3/22/24Revised Draft Riverbed Wildfire Prevention Plan 3/25/24 4/5/24Lead Agency Review 4/8/24 4/26/24Public Review Draft Riverbed Wildfire Prevention Plan 4/29/24 5/8/24Final Riverbed Wildfire Prevention Plan 9/3/24 9/27/24 Environmental (CEQA) Review 9/27/23 11/13/24
Research & Development 9/27/23 7/12/24Tribal Consultation Assistance 9/27/23 9/30/24Admin Draft Initial Study 5/9/24 7/15/24Lead Agency Review 7/16/24 7/19/24Field Surveys and Technical Analyses 9/27/23 5/31/24 Biological Resources 9/27/23 5/31/24Cultural Resources 9/27/23 5/28/24 Public Review IS/MND and Noticing/Distribution 7/22/24 7/30/2430-Day Public Review Period 7/31/24 8/30/24Response to Comments and MMRP 9/3/24 9/20/24Public Hearings (PC & CC) 10/15/24 11/12/24File Notice of Determination 11/13/24 11/13/24 123456789
10 11
12131415161718192021222324252627282930
King City Riverbed Wildfire Prevention Plan & Environmental Review Schedule August 16, 2024*Dates shown are tentative and subject to change Item No. 9 (G)
REPORT TO THE CITY COUNCIL
DATE: OCTOBER 8, 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 KING CITY
TENNIS/PICKLEBALL COURT 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 King City Tennis/Pickleball Court Project as proposed by low bidder, Vintage Contractors Inc., in the amount of $117,070; 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 King City Tennis/Pickleball Court Project. The project consists of removal and replacement of the existing court surface, removal and replacement of existing tennis court nets, posts and footings, installation of new pickleball nets, posts and footings, and installation of new 4 ft chain link pickleball mid-court fencing.
DISCUSSION:
The tennis courts are in dire need of renovation. Several years of neglect have left them in poor condition, including cracks in the pavement, flaking of the court surface and chipping paint on the base and side lines. In the last two years, layers of dirt have accumulated on the surface of each of the courts due to flooding which has deemed the facility almost unplayable.
CITY COUNCIL
CONSIDERATION OF AWARD OF BID FOR THE KING CITY
TENNIS/PICKLEBALL COURT PROJECT, INCLUDING ADOPTING FINDING OF A CATEGORICAL EXEMPTION, PURSUANT TO SECTION 15301 OF THE
CEQA GUIDELINES
OCTOBER 8, 2024
PAGE 2 OF 3
The demand for pickleball courts has increased in recent years and the game has gained popularity nationwide. Pickleball is a fun, social and effective way to exercise for all ages and athletic abilities. In 2023, the Sports Fitness Industry Association deemed it the fastest-growing sport in America for the third consecutive year, and there is a demand for it in King City. Last fall, the King City Rotary Club hosted an indoor pickleball tournament with 32 attendees and a local King City Pickleball group plays once a week on the existing, yet modified, tennis court.
Therefore, the project proposes to convert one tennis court to four pickleball courts. This will create a complex with two tennis courts and four pickleball courts. By improving our existing courts and adding pickleball courts, the City will be offering new and exciting recreational opportunities for all ages and abilities.
The City received the following bids:
Contractor Base bid
Vintage Contractors Inc. $117,070.00
Staff believe this is a competitive and good bid.
COST ANALYSIS:
King City received a $400,000 State community project grant made possible by Senator Caballero for Park Recreation Center Facility Improvements, which includes the rehabilitation of the King City Tennis Courts. Therefore, the project will be entirely funded through the grant and will have no impact on the City General Fund.
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 have determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project.
Exhibit 1
Item No. 9 (H)
REPORT TO THE CITY COUNCIL
DATE: OCTOBER 8, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF AMENDED PURCHASING AND
PROCUREMENT POLICY
RECOMMENDATION:
It is recommended the City Council adopt a Resolution approving an amended Purchasing and Procurement Policy.
BACKGROUND:
In February 2016, the City Council approved the City’s purchasing and procurement policy. Municipal Code Section 2.45 sets forth that the City Council shall adopt by Resolution the City’s purchasing policy. It also establishes that “the City Manager is assigned overall purchasing responsibilities for all the departments and divisions of the City.”
The City is currently in the process of submitting a grant application for the Community Development Block Grant (CDBG) program. CDBG is a funding program of the US Department of Housing and Urban Development (HUD) administered by the California Department of Housing and Community Development (HCD).
Federally funded programs have strict purchasing and procurement requirements. The City must demonstrate that it has in the place the polices and procedures to meet these requirements. As a result, staff recommends amending the City’s Purchasing and Procurement Policy to add a section specifically addressing Federally funded projects.
DISCUSSION:
The proposed amendment adds Section K to address Federally funded projects.
The policy establishes different thresholds for large and small purchase
RESOLUTION NO. 2024-5012
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING
AMENDING THE PURCHASING AND PROCUREMENT POLICY
WHEREAS, the City Council desires to maintain purchasing and procurement procedures that utilize the City’s funds to address needs in the community and provide public services as cost effectively and efficiently as possible; and
WHEREAS, the City Council desires to implement policies and procedures that represent best practices; and
WHEREAS, the City Council desires to maintain appropriate checks and balances to ensure accountability in the City’s use of public funds; and WHEREAS, the City Council desires to implement purchasing and procurement procedures compliant with Federal requirements for Federally funded projects; and WHEREAS, City of King Municipal Code Section 2.45 sets forth that the City Council shall adopt by Resolution the City’s purchasing policy; and WHEREAS, the purchasing policy provisions have been established based upon applicable laws, an analysis of policies utilized by other jurisdictions and a comprehensive review of the City’s practices.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of King approves the Purchasing and Procurement Policy set forth in Exhibit A, directs the City Manager to implement said policy, and authorizes the City Manager to make minor revisions from time to time to address changing conditions in order to meet the intent of the adopted policy.
This resolution was passed and adopted this 8
th day of October, 2024 by the following vote:
AYES, Councilmembers:
NAYS, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
APPROVED:
________________________________
Mike LeBarre, Mayor
ATTEST:
___________________________________
Erica Sonne, City Clerk
CC Resolution No. 2024-5012
APPROVED AS TO FORM:
____________________________
Roy Santos, City Attorney
Item No. 11 (A)
REPORT TO THE CITY COUNCIL
DATE: OCTOBER 8, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF 2024 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) NOTICE OF FUNDING AVAILABILITY
(NOFA) APPLICATION – NEIGHBORHOOD STREET
IMPROVEMENT PROJECT, INCLUDING FINDING OF A
CATEGORICAL EXEMPTION PURSUANT TO SECTION 15301
OF THE CEQA GUIDELINES AND FINDING OF A NEPA
CATEGORICAL EXCLUSION PURSUANT TO SECTION 58.5 OF
24 CFR, PART 58
RECOMMENDATION:
It is recommended the City Council: 1) adopt a Resolution approving the submission of the 2024 Community Development Block Grant (CDBG) Notice of Funding Availability (NOFA) application for the Neighborhood Street Improvement Project and authorizing the Mayor to execute all necessary documents related to the application; and 2) adopt a Resolution finding the project is exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, adopting a Class 1 Categorical Exemption, and finding that the project qualifies for a National Environmental Protection Act (NEPA) Categorical Exclusion subject to Section 58.5 of 24 CFR, Part 58; and 3) instruct the City Clerk to file a Notice of Exemption with the County Clerk.
BACKGROUND:
The City of King is preparing to submit a 2024 CDBG application in response to the NOFA released on August 30, 2024, by the California Department of Housing and Community Development (HCD). The NOFA outlines the availability of approximately $34 million in federal funding allocated through the United States Department of Housing and Urban Development (HUD) to support nonentitlement communities like King City. The primary goals of the CDBG program are to develop viable urban communities through the provision of decent
CITY COUNCIL
CONSIDERATION OF 2024 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) NOTICE OF FUNDING AVAILABILITY (NOFA) APPLICATION –
NEIGHBORHOOD STREET IMPROVEMENT PROJECT
OCTOBER 8, 2024
PAGE 2 OF 4
housing, a suitable living environment, and economic opportunities, primarily benefiting low- and moderate-income (LMI) persons.
In previous years, King City has successfully received CDBG funding for several projects. Most notably, the City was awarded funds for sidewalk improvements in low-income neighborhoods as part of the 2020 CDBG funding round, which significantly improved infrastructure in underserved areas. The City also received funding in 2018 for a housing rehabilitation program that benefited low-income homeowners, in 2017 for the ProYouth project, a 2021 planning grant for design of the wastewater treatment plant project, and 3 awards under the CDBG-CV funding for business assistance, subsistence payment and a Covid Coordination.
For the 2024 NOFA, eligible jurisdictions including King City are encouraged to submit projects that address critical infrastructure and community needs. The City has prioritized the Neighborhood Street Improvement Project for funding, focusing on improving transportation infrastructure in the most underserved neighborhoods. Streets included in this project are located in census tracts with a high concentration of low and moderate income (LMI) residents, making the project eligible for CDBG funding.
At the July 9, 2024 meeting, the City Council conducted a public hearing to receive public comment on possible applications, review the recommended projects to be considered, and receive information on other programs or projects that should be considered by other agencies or citizens. At the conclusion, City Council directed staff to prepare for consideration a CDBG application for the proposed Neighborhood Street Improvement Project.
DISCUSSION:
The City of King Neighborhood Street Improvement Project consists of grinding, lining, overlaying and striping of the street surface and relandscaping of the planting strips on the following street locations: Luckett Street (from San Lorenzo St to Mildred Ave); Talbot Street (from Canal St to Mildred Ave) - San Lorenzo Street (from Broadway St to Division St), Monte Vista Place (from Talbot St to Reich St); Vanderhurst Ave (from Broadway St to Division St), 7th Street (from Bassett St to Division St), Park Place (from West End to East End), Fairview Drive (Park Pl to Division St), Reich St (from Canal St to San Lorenzo St) and Third St (from Boardway St to Division St). The project would result in approximately 369,708 square feet of pavement work.
Relandscaping of the planting strips is also proposed to help beautify the neighborhoods. It is intended to be an initial pilot project for a citywide planting
CITY COUNCIL
CONSIDERATION OF 2024 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) NOTICE OF FUNDING AVAILABILITY (NOFA) APPLICATION –
NEIGHBORHOOD STREET IMPROVEMENT PROJECT
OCTOBER 8, 2024
PAGE 3 OF 4
strip project that has been designed but not yet funded. Most of the sidewalks in this area were repaired, replaced or added through a prior CDBG grant project.
Therefore, this project will complement those improvements by enhancing the street and the area between the street and the new sidewalks. Landscaping will consist of replacement of dirt, weeds and grass with decomposed granite, stepping stones, and shrubs where irrigation exists and planting of street trees where they are missing. This portion of the project will be bid separately and included only if funding is available after the street resurfacing contract is awarded. The project cost estimate is primarily based upon the projected cost of the pavement work, so the planting strip improvements may need to be a future phase of the project.
Under the 2024 CDBG NOFA guidelines, the City can apply for up to $3.6 million in funding across multiple eligible activities, including infrastructure projects. The Neighborhood Street Improvement Project is expected to qualify under these guidelines as it meets key CDBG objectives by improving infrastructure in a predominantly LMI community and aligning with the City’s broader goals of enhancing public safety and economic development.
The City’s proposal will be subject to CDBG’s rigorous application process, including meeting federal cross-cutting requirements (e.g., environmental reviews, labor standards), ensuring compliance with the Build America Buy America Act (BABA), and addressing the program’s equity and inclusion mandates. The City will continue to work closely with residents and stakeholders to ensure that the project reflects the community’s needs and priorities.
These streets are located in neighborhoods with a high concentration of low- to moderate-income households, making them eligible for CDBG funding.
Pavement rehabilitation will improve road safety, reduce long-term maintenance costs, and enhance the quality of life for residents. This project aligns with the City’s strategic priorities, including improving infrastructure and addressing the needs of disadvantaged communities. It is also consistent with the City’s Unfunded Priority Needs Plan. Public outreach efforts included community meetings to inform residents and gather feedback on the project.
COST ANALYSIS:
The total project cost is estimated at $3.3 million, which will be fully funded through the CDBG allocation if the application is successful. The application cost is $7,500.
Item No. 11 (B)
REPORT TO THE CITY COUNCIL
DATE: OCTOBER 8, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF SECOND AMENDMENT TO MONARCH
INN LEASE AGREEMENT
RECOMMENDATION:
It is recommended the City Council: 1) approve and authorize the City Manager to execute a Second Amendment to the Lease Agreement for the Monarch Inn for the temporary homeless shelter program; and 2) appropriate $135,000 from the General Fund unappropriated fund balance for a portion of the rent costs.
BACKGROUND:
The City has experienced an ongoing significant level of homelessness. A substantial number of homeless individuals formerly resided in encampments in the Salinas Riverbed area, which created a number of issues regarding unsafe living conditions, environmental damage, public safety concerns, and fire hazards. The City has undertaken a number of efforts to do its part in addressing homelessness in a proactive manner. The most significant step was the application and approval of a Homekey project, which is proposed to be a permanent supportive housing facility. The former Days Inn hotel was acquired, but the City has experienced significant delays due to serious financial problems, fraud and mismanagement of the project by the developer (Shangra-La Industries, LLC).
Due to the ongoing delays, the City and a number of partners developed an interim plan to shelter a large number of homeless living in the riverbed at the Monarch Inn hotel. The City Council approved an overall Interim Riverbed Homeless Strategy at the June 13, 2023 meeting. Implementation began in July 2023, which has been successful and operated within the budget approved by City Council.
CITY COUNCIL
CONSIDERATION OF SECOND AMENDMENT TO MONARCH INN LEASE
AGREEMENT
OCTOBER 8, 2024
PAGE 2 OF 4
The original agreement was established for 18 rooms with the motel owner through the end of October 2023. The Homekey project experienced further problems, eventually leading to foreclosure of the former Days Inn property.
Staff and partnering agencies developed a new funding plan to extend the interim homeless shelter program. The purpose was to maintain the participants in shelter while strategies to address the Homekey project problems were pursued.
The first portion of the funding plan was approved by City Council at the December 12, 2023 meeting, which enabled an extension of the lease through January 10, 2024. At the January 9th meeting, another extension through July 10, 2024 was approved. Additional funding was obtained, and at the May 14, 2024 meeting, the City approved extending the lease to February 11, 2025.
Since then, the City has made significant progress in developing a strategy and obtaining funding to complete the proposed permanent supportive housing project. However, the City has also continued to experience significant challenges that are impacting the timeline. Therefore, the need for an additional extension is projected and proposed at this time.
DISCUSSION:
The most recent significant delay experienced has been challenges in reaching a fair purchase agreement to reacquire the property from the lender who obtained it through the foreclosure. As a result, it is proposed to extend the Monarch Inn lease to August 2025 in order to ensure there is adequate time to acquire the former Days Inn property and complete the improvements necessary before the occupants at the Monarch Inn are transferred.
In exchange for the lease extension, the owner has requested a number of changes in the lease. Following negotiations, he has agreed to the following terms:
• Lease term extension to August 11, 2025
• 10% increase in rent
• Extension of onsite security to 5 pm to 5 am
In addition, his insurance provider has threatened to cancel his policy unless the City names the motel as additional insured, which has been incorporated into the terms of the lease. If approved, staff can then request the appropriate documentation from MBASIA.
Staff believes this change will enable a smooth transition to the new facility, prevent displacement of the current occupants, and prevent an increase in homelessness. Approval is recommended at this time to help staff establish a
CITY COUNCIL
CONSIDERATION OF SECOND AMENDMENT TO MONARCH INN LEASE
AGREEMENT
OCTOBER 8, 2024
PAGE 3 OF 4
realistic schedule for completion of the project and to meet the deadline for avoiding cancellation of the facility’s insurance.
COST ANALYSIS:
The total projected cost of the extension is $479,128, which includes costs for rent, security, cleaning, and miscellaneous expenses. It is proposed to allocate $248,861 from Permanent Local Housing Allocation Program (PLHA) grant funds the City will be receiving from the State. The Coalition of Homeless Services Providers approved an additional $96,144 from interest they have earned on their Homeless Housing, Assistance and Prevention (HHAP) grant funds.
This leaves $134,123 to be funded from General Fund revenues, which is within the total amount previously authorized by the City Council for the overall project.
However, the Coalition of Homeless Services providers has approved an additional $153,856 from any future HHAP interest funds that become available.
As a result, staff projects that little if any of the General Fund appropriation will be expended.
Step Up on Second Street will continue to provide services at the facility.
However, they have obtained their own grant funds for their costs, so it does not impact the City’s budget.
ENVIRONMENTAL REVIEW:
The Temporary Homeless Shelter Program is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as it is temporary and does not involve construction or modification to buildings, property or facilities. Therefore, it does not have the potential for resulting in either a direct physical change to the environment or a reasonably foreseeable indirect physical change in the environment. No further action is required under CEQA for City Council action.
ALTERNATIVES:
The following alternatives have been identified for City Council consideration:
1. Approve staff’s recommendations;
2. Modify the term of the program;
3. Delay commitment to the extension until the existing lease agreement expires on February 11, 2025;
4. Approve only the terms to name the motel as additional insured;
5. Do not approve the recommendations and direct staff to proceed with removal of the participants; or
6. Provide staff other direction.