Agenda packet, regular meeting, first session — King City City Council, November 26, 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 NOVEMBER 26, 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
Salinas Valley Draft Safe Routes To School Plan TAMC Presentation

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 November 12, 2024
Recommendation: approve and file.
9(A) 11-12-2024 CITY COUNCIL MEETING MINUTES_.PDF
Consideration: City Of King Check Register November 1, Through November 15, 2024 Recommendation: receive and file.
9(B) CITY AP 112624.PDF
Consideration: City Of King KCCP Payments For The Month Of October 2024 Recommendation: receive and file.

3. 4.

5. A.

6. 7.

8. 9.

Documents:

Consideration: City Of King KCCP Payments For The Month Of October 2024 Recommendation: receive and file.
9(C) CITY AP KCCP PAYMENT.PDF
Consideration: Office Of Traffic Safety Step Grant
Recommendation: 1) adopt a Resolution authorizing the Chief of Police to accept the "(STEP)" grant in the amount of $65,000 and enter into the grant agreement and any amendments, with the California Office of Traffic Safety (OTS); and 2) appropriate the proceeds from the grant for the proposed traffic safety expense. 9(D) OTS GRANT.PDF
Consideration: A Contract With Zonda Advisory To Prepare A Housing Market Analysis Recommendation: approve and authorize the City Manager to execute a contract services agreement with Zonda for preparation of a housing demand study in an amount not to exceed $50,000; and 2) appropriate $50,000 for the study form existing affordable housing in-lieu fee revenue.
9(E) HOUSING MARKET ANALYSIS.PDF
Consideration: Allocation Of Affordable Housing In-Lieu Fee Revenue Recommendation: 1) appropriate $50,000 of affordable housing in-lieu fee revenue for expenses related to the Monarch Inn temporary homeless shelter program; and 2) appropriate $50,000 of affordable housing in-lieu fee revenue for expenses related to acquisition and improvements to the former Days Inn property for the permanent supportive housing project.
9(F) AFFORDABLE HOUSING IN-LIEU.PDF
Consideration: Agreement For Safe Routes To School Education And Encouragement Services
Recommendation: 1) approve and authorize the City Manager to execute an agreement with the Transportation Agency for Monterey County (“TAMC”) in an amount not to exceed $2,294,631.46 of Active Transportation Program (“ATP”) grant funds to provide Safe Routes to School Education & Encouragement services for the period ending December 31, 2030; and 2) authorize the City Manager, or his designee, to take such other further actions as may be necessary to fulfill the intent of the agreement, including approvals of future modifications or amendments that do not significantly alter the scope of work or change the approved agreement term or amount.
9(G) STAFF REPORT (TAMC NON INFRASTRUCTURE AGREEMENT).PDF Consideration: City Employee Computer Replacement
Recommendation: approve and authorize the City Manager to execute a purchase order for the replacement of 22 employee workstation and laptop computers and related equipment for the purchase price of $60,667.90; and 2) adopt a Resolution authorizing a 5-year loan from the Sewer Fund to the General Fund to finance the C.

Documents:

Consideration: City Employee Computer Replacement
Recommendation: approve and authorize the City Manager to execute a purchase order for the replacement of 22 employee workstation and laptop computers and related equipment for the purchase price of $60,667.90; and 2) adopt a Resolution authorizing a 5-year loan from the Sewer Fund to the General Fund to finance the purchase costs.
9(H) 11.26.24 COMPUTER REPLACEMENTS.PDF
Consideration: Reallocation Of American Rescue Plan Act (ARPA) Revenues Recommendation: 1) increase the allocation of American Rescue Plan Act (ARPA) funds to the Visitor and History Center project by $100,000 and decrease the General Fund allocation by $100,000; and 2) decrease the allocation of ARPA funds for the Downtown Restaurant Outdoor Dining Area Grant program by $100,000 and allocate $100,000 from the General Fund for the program.
9(I) REALLOCATION OF AMERICAN RESCUE PLAN ACT (ARPA)
REVENUES.PDF

PUBLIC HEARINGS

REGULAR BUSINESS
Consideration: King City Community Power 2025 Rates And Allocation Of Headroom Revenues
Recommendation: adopt a Resolution approving: 1) the setting of all 2025 King City Community Power (KCCP) rates equal to applicable PG&E energy rates; 2) the allocation of approximately $230,000 of KCCP earned headroom funding for customer rebates, including a rebate to the Monarch Inn equal to the standard CARE discount; and 3) the transfer of $170,000 in earned headroom funding from KCCP to the City, to fund the electric charging station lot project and other budgetary needs of the community.
11(A) KCCP 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.

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

Documents:

10. 11.

Documents:

12. 13.

Page 1 of 3 ends

City Council Meeting
November 12, 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, Council members Oscar Avalos, Mayor Pro Tem Carlos Victoria, Council member Rob Cullen (absent).

City Staff: City Attorney Roy Santos; City Clerk, Erica Sonne, Finance Director, Mike Howard.

3.__FLAG SALUTE:

The flag salute was led by Detective Gurley.

4. CLOSED SESSION ANNOUNCEMENTS:

None

5.__SPECIAL PRESENTATIONS:

A. Award Presentation for Sergeant Partida and Detective Gurley by Chief Hunt. Council members and Mayor congratulated and thanked the detective and sergeant for their dedication and a job well done. Detective Gurley and Sergeant Partida spoke as well of the appreciation of fellow staff, family that supported them so they could do their jobs.

6. PUBLIC COMMUNICATIONS:

Terry Garcia community member spoke on the failed sales tax measure and the need for officers, public works staff and that our facilities need maintenance. She posed the question of what is going to be done now that the sales tax measure failed. The city is still growing and evolving, which is great. She questioned the use of funds on what.

Raed Agram owner of the King City Shopette, the Laundry next to it and the third next to that. He is having an issue with people drinking in the parking lot by people they just hang out there from when they hung out when the former owner owned the building. He has called the police, and they have come to help. He wanted to appreciate the police department for that. He is still concerned about when he opens the liquidation store with 10% tobacco products. He is working on getting his business license and has spoken to the City Manager. He just wanted to be up front about what he is dealing with and what business he is applying for the business license for.

7. COUNCIL COMMUNICATIONS:

Council Member DeLeon congratulated Council member Cullen and Victoria on their win.

Mayor Pro Tem Victoria congratulated Council member DeLeon on his win. His AMBAG meeting is tomorrow.

Council Member Avalos stated that the Rotary Crab Dinner is the 22nd of this month. The last day to purchase tickets is this week. Dinner and dancing should be a good time. 9(A)

Page 2 of 3 ends

Mayor LeBarre stated that it was a nice “thank you” event for Senator Caballero who no longer represents our district. King City will be represented by Senator Laird. King City received 25 million dollars for our rail station for passenger rail service. It will start Economic Development opportunities, new housing, new business, new mixed use.

8. CITY STAFF REPORTS AND COMMENTS:

City Manager Adams had nothing to report tonight.

City Attorney Santos stated Solid Waste Authority will be next week on the 21 st
. City Manager Adams is
out sick tonight.

9. CONSENT
A. Consideration: Meeting Minutes of October 22, 2024, Council Meeting B. Consideration: City of King Check Register October 16, through October 31, 2024 C. Consideration: Special Meeting Minutes of October 22, 2024, Council Meeting D. Consideration: Agreement with the County of Monterey for Award of Encampment Resolution Funding (ERF) for the Temporary Homeless Shelter and Homeless Rental Assistance Programs E. Consideration: Agreement with Step Up on Second Street for Homeless Rental Assistance Program
Action: Motion to approve consent agenda items A-E by Avalos seconded by Victoria.

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

ABSENT: Council Members: Cullen
ABSTAIN: Council Members:

10. PUBLIC HEARINGS:

A. Consideration: Close Out of Community Development Block Grant Agreements 20-CDBG-CV2-3- 00005 and 20-CDBG-CV2-3-00014 with the State of California Mayor LeBarre read the title of the item into the record.

Paul Ashby, with Adams Ashby Group, introduced this item.

City Attorney Santos stated that in talking with City Manager Adams we would request authorization from the Council for the City Manager execute an amendment to the Adams Ashby agreement extending it in order for them to complete the wrap up of the grant closing process.

Mayor LeBarre opened the public hearing, hearing and seeing no public comment Mayor LeBarre closed the public hearing.

Action: Motion to review the past use of funds and program performance for the City of King Community Development Block Grant (CDBG) contracts 20-CDBG-CV2-3-00005 and 20-CDBG-CV2-3-00014 and direct staff to submit the required close out documents per the program requirements. Including additional request by the City Attorney by DeLeon seconded by Avalos.

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

Page 3 of 3 ends

ABSENT: Council Members: Cullen
ABSTAIN: Council Members:

11. REGULAR BUSINESS
A. Consideration: Purchase of the Tyler Technologies Utility Billing Module Finance Director Mike Howard introduced this item. The council would like to know if Cal Water would include something in their bill letting people know that they will get a separate bill for the sewer after a certain date and when they sign up for water Cal Water will let the City know so they can have them sign up for sewer. Finance Director Howard will check with them.

Action: 1) adopt a Resolution approving the purchase of the Tyler Technologies utility billing module and authorizing the City Manager to execute an agreement for the system acquisition, services, and licensing in the amount of $57,965; and 2) approve a budget amendment of $57,965 to The Sewer Enterprise Fund by Victoria seconded by LeBarre.

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

ABSENT: Council Members: Cullen
ABSTAIN: Council Members:

12. CITY COUNCIL CLOSED SESSION
A. Conference with Legal Counsel – Liability Claims (Pursuant to Government Code Section 54956.95) Consideration of Claim No. 2024-005 Claimant stated that construction by the City created a nuisance and blocked access for retail customers creating a loss of business and profits.

B. Conference with Legal Counsel – Regarding Pending Litigation Pursuant to Government Code Section 54956.9. Cases: 2
ADJOURNMENT:

Mayor LeBarre adjourned the meeting at 6:53p.m. to closed session. Mayor LeBarre adjourned the meeting at 7:15p.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: NOVEMBER 26, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER
NOVEMBER 1 THROUGH NOVEMBER 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.

11/18/2024 11:05:40 AM Page 1 of 6
Check Report
King City, CA By Check Number
Date Range: 11/01/2024 - 11/15/2024
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Bank Code: POOL-WFB-POOL - WELLS FARGO BANK
Payment Type: EFT
SEIU SEIU LOCAL 521 11/08/2024 EFT 0.00 476.25 10078
INV0000228 Invoice 11/08/2024 SEIU UNION DUES 0.00 476.25 ADAMS ADAMS ASHBY GROUP LLC 11/08/2024 EFT 0.00 1,281.50 10079 6248 Invoice 11/06/2024 DOWNTOWN PLAZA PARK PROJECT 0.00 1,281.50 CSGCON CSG CONSULTANTS INC 11/08/2024 EFT 0.00 856.25 10080 B241761 Invoice 11/06/2024 CSG BUILDING PLAN REVIEW 0.00 856.25 FIRST AL FIRST ALARM INC 11/08/2024 EFT 0.00 385.05 10081 848543 Invoice 11/06/2024 ALARM SYSTEM 0.00 385.05
MO BAY SYS MONTEREY BAY OFFICE PRODUCTS MONTEREY BAY SYSTEMS INC 11/08/2024 EFT 0.00 513.04 10082 479921 Invoice 11/06/2024 KONICA COPIER MAINTENANCE 0.00 513.04 MAGICC NORMA L DOMINGUEZ 11/08/2024 EFT 0.00 13,400.00 10083 5018 Invoice 11/06/2024 PARK/JANITORIAL SERVICES 0.00 7,320.00 6019 Invoice 11/06/2024 MONARCH INN TEMPORARY HOMELESS S… 0.00 6,080.00 SPECTRUMT SPECTRUM ENTERPRISE Charter Communication 11/08/2024 EFT 0.00 1,710.78 10084 113362301102124 Invoice 11/06/2024 INTERNET 0.00 1,710.78 SPCA THE SPCA FOR MONTEREY COUNTY 11/08/2024 EFT 0.00 7,840.00 10085 09-24 Invoice 11/06/2024 SPCA 0.00 7,840.00
TORO TORO PETROLEUM CORP 11/08/2024 EFT 0.00 10,340.42 10086 CL77071 Invoice 11/06/2024 FUEL 0.00 1,591.34
CL79027 Invoice 11/06/2024 FUEL 0.00 1,576.24
CL79606 Invoice 11/06/2024 FUEL 0.00 1,801.89
CL79849 Invoice 11/06/2024 GAS 0.00 3,526.49
CL80027 Invoice 11/06/2024 FUEL 0.00 1,844.46
Total EFT: 0.00 36,803.29
Check Report Date Range: 11/01/2024 - 11/15/2024
11/18/2024 11:05:40 AM Page 2 of 6
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Payment Type: Regular
KC VET KING CITY VETERINARY HOSPITAL 11/05/2024 Regular 0.00 -368.00 71902 KC VET KING CITY VETERINARY HOSPITAL 11/05/2024 Regular 0.00 -116.00 71971 AFLAC AFLAC 11/08/2024 Regular 0.00 188.42 72004
INV0000212 Invoice 11/08/2024 PAYROLL DEDUCTION - INSURANCE 0.00 85.58 INV0000213 Invoice 11/08/2024 PAYROLL DEDUCTION - INSURANCE 0.00 102.84 ANTHEM BLU ANTHEM BLUE CROSS 11/08/2024 Regular 0.00 3,439.04 72005 INV0000214 Invoice 11/08/2024 HEALTH INSURANCE DEDUCTION 0.00 3,439.04 CAL PERS R CAL PERS RETIREMENTSYSTEM 11/08/2024 Regular 0.00 33,235.43 72006 INV0000220 Invoice 11/08/2024 PERS PEPRA MISC EMPLOYER 0.00 4,193.49 INV0000221 Invoice 11/08/2024 PERS PEPRA MISC EMPLOYEE 0.00 4,129.55 INV0000222 Invoice 11/08/2024 PERS PEPRA SAFETY EMPLOYER 0.00 7,210.73 INV0000223 Invoice 11/08/2024 PERS PEPRA SAFETY EMPLOYEE 0.00 7,205.51 INV0000224 Invoice 11/08/2024 PERS MISC CLASSIC EMPLOYER 0.00 1,576.57 INV0000225 Invoice 11/08/2024 PERS MISC CLASSIC EMPLOYEE 0.00 911.72 INV0000226 Invoice 11/08/2024 PERS SAFETY CLASSIC EMPLOYER 0.00 5,549.48 INV0000227 Invoice 11/08/2024 PERS SAFTEY CLASSIC EMPLOYEE 0.00 2,458.38 CACHLDSUP CALIFORNIA STATE DISBURSEMENT UNIT 11/08/2024 Regular 0.00 522.00 72007 INV0000229 Invoice 11/08/2024 M. DILLON CHILD SUPPORT 0.00 522.00 K.C.P.O.A. K.C.P.O.A. 11/08/2024 Regular 0.00 825.00 72008 INV0000218 Invoice 11/08/2024 KCPOA UNION DUES 0.00 825.00 K.C.P.S.A. K.C.P.S.A. 11/08/2024 Regular 0.00 340.00 72009 INV0000219 Invoice 11/08/2024 KCPSA UNION DUES 0.00 340.00 ICMA RETIR MISSION SQUARE-302397 11/08/2024 Regular 0.00 8,648.22 72010 INV0000209 Invoice 11/08/2024 EMPLOYER MATCH - ICMA DC 0.00 710.36 INV0000210 Invoice 11/08/2024 EMPLOYER MATCH - ICMA DC 0.00 639.27 INV0000211 Invoice 11/08/2024 EMPLOYER MATCH - ICMA DC 0.00 443.82 INV0000215 Invoice 11/08/2024 DEF COMP EMPLOYEE 0.00 4,624.87 INV0000216 Invoice 11/08/2024 DEF COMP EMPLOYEE 0.00 1,957.33 INV0000217 Invoice 11/08/2024 DEF COMP EMPLOYEE 0.00 272.57 AT&T A T & T 11/06/2024 Regular 0.00 281.61 72011
10/20/24-7181 Invoice 11/06/2024 PHONE SERVICE 0.00 281.61 ACEHIGH ACE HIGH DESIGNS INC 11/06/2024 Regular 0.00 223.96 72012 53057 Invoice 11/06/2024 TRUNK OR TREAT 0.00 223.96
KCTVHARD ALCANTAR HARDWARE INC 11/06/2024 Regular 0.00 114.91 72013 573656 Invoice 11/06/2024 RANGE 0.00 80.70
573868 Invoice 11/06/2024 EXTRA KEYS FOR STORAGE LOCKERS 0.00 17.36 573958 Invoice 11/06/2024 ZIP TIES 0.00 16.85
AMAZON AMAZON CAPITAL SERVICES INC 11/06/2024 Regular 0.00 1,902.09 72014 14MW-7RTR-VQ… Invoice 11/06/2024 OFFICE SUPPLIES 0.00 121.45 17H6-47JK-QYMK Invoice 11/06/2024 OFFICE SUPPLIES 0.00 495.27 17M7-1FCX-QL4L Invoice 11/06/2024 TRUNK O TREAT BAGS 0.00 260.00 1C4H-M1VG-RXQY Invoice 11/06/2024 OFFICE SUPPLIES 0.00 8.69 1DN7-P7HW-TTC4 Invoice 11/06/2024 PRINTER CARTRIDGES 0.00 394.77 1MQJ-7Q7K-D47N Invoice 11/06/2024 OFFICE SUPPLIES 0.00 9.29 1NPC-JQWY-Q6JW Invoice 11/06/2024 TRUNK O TREAT BAGS 0.00 260.00 1QW9-FMKJ-PXQT Invoice 11/06/2024 TRUNK O TREAT DECOR 0.00 153.29 1RX6-36KT-NFXQ Invoice 11/06/2024 OFFICE SUPPLIES 0.00 147.16 1YMT-19CH-FRVT Invoice 11/06/2024 LAPTOP BAG 0.00 52.17 CARMEL FIR ART BLACK 11/06/2024 Regular 0.00 5,375.00 72015 124477 Invoice 11/06/2024 FIRE ALARM SYSTEM 0.00 250.00 124478 Invoice 11/06/2024 FIRE ALARM SYSTEM 0.00 250.00 Check Report Date Range: 11/01/2024 - 11/15/2024
11/18/2024 11:05:40 AM Page 3 of 6
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 124479 Invoice 11/06/2024 FIRE ALARM SYSTEM 0.00 250.00 124480 Invoice 11/06/2024 FIRE ALARM SYSTEM 0.00 250.00 2024-09 Invoice 11/06/2024 ANNUAL FIRE INSPECTION 0.00 4,375.00 AT & T AT & T 11/06/2024 Regular 0.00 159.79 72016
10/22/24-0003 Invoice 11/06/2024 INTERNET 0.00 159.79
AT&T - C AT&T Calnet 3 11/06/2024 Regular 0.00 61.44 72017 000022486367 Invoice 11/06/2024 KCPD LINE 0.00 30.72
000022486955 Invoice 11/06/2024 911 LINE 0.00 30.72
TGO BBKTDC LLC 11/06/2024 Regular 0.00 4,724.15 72018
11/01/24 Invoice 11/06/2024 HOMELESS RENT ASSISTANCE PROGRAM 0.00 2,272.99 11/01/24A Invoice 11/06/2024 HOMELESS RENT ASSISTANCE PROGRAM 0.00 2,451.16 BENITEZ SECURITY BENITEZ SECURITY SERVICES 11/06/2024 Regular 0.00 5,376.00 72019 2433 Invoice 11/06/2024 MONARCH INN TEMPORARY HOMELESS S… 0.00 2,688.00 2452 Invoice 11/06/2024 SECURITY FOR MONARCH INN HOMELESS … 0.00 2,688.00 BONNER CAROLYN JOY BONNER 11/06/2024 Regular 0.00 200.00 72020 10/28/24 Invoice 11/06/2024 SOCOS SINGER 0.00 200.00
DIMES MEDI DIMES MEDIA CORPORATION 11/06/2024 Regular 0.00 275.00 72021 4252 Invoice 11/06/2024 KRKC ADS CICLOVIA 0.00 75.00
4295 Invoice 11/06/2024 KRKC ADS CICLOVIA 0.00 200.00
DMV RENEWA DMV RENEWAL 11/06/2024 Regular 0.00 77.00 72022 10/30/24 Invoice 11/06/2024 POLARIS REGISTRATION 0.00 77.00 KURRELS ELIZABETH KURRELS 11/06/2024 Regular 0.00 210.00 72023 NOV 24 Invoice 11/06/2024 GRAPHICS FOR SENATOR CABALLERO CERT 0.00 210.00 EMC PLANN EMC PLANNING GROUP, INC. 11/06/2024 Regular 0.00 418.56 72024 24-149-1 Invoice 11/06/2024 ENVIRONMENTAL REVIEW FOR EV CHARG… 0.00 418.56 RANDY FIDENCIO AMADO CID 11/06/2024 Regular 0.00 240.00 72025 INV0044 Invoice 11/06/2024 BOUNCEHOUSES FOR CICLOVIA 0.00 240.00 HDLCO HDL COREN & CONE 11/06/2024 Regular 0.00 1,375.00 72026 SIN044240 Invoice 11/06/2024 PROPERTY TAX ADMIN OCT-DEC 2024 0.00 1,375.00 HINDERLITE HINDERLITER DELLAMAS & ASSOC 11/06/2024 Regular 0.00 5,916.17 72027 SIN044496 Invoice 11/06/2024 SALES TAX ADMIN OCT-DEC 24 0.00 5,916.17 TIRE KING JOSE RODRIGUEZ TIRE KING & AUTO EXPRESS 11/06/2024 Regular 0.00 4,470.76 72028 90367 Invoice 11/06/2024 AUTO REPAIR & MAINTENANCE 0.00 246.00 90433 Invoice 11/06/2024 AUTO REPAIR & MAINTENANCE 0.00 3,510.25 90483 Invoice 11/06/2024 AUTO REPAIR & MAINTENANCE 0.00 170.53 90525 Invoice 11/06/2024 AUTO REPAIR & MAINTENANCE 0.00 243.98 90573 Invoice 11/06/2024 CAR WASH 0.00 300.00
KCVC INC KCVC, INC 11/06/2024 Regular 0.00 484.00 72029 1166290 Invoice 11/06/2024 SICK CAT 0.00 184.00
1166472 Invoice 11/06/2024 SICK CAT 0.00 184.00
1167869 Invoice 11/06/2024 VET SERVICES 0.00 116.00
LANGUAGE LANGUAGE LINE SERVICES INC 11/06/2024 Regular 0.00 4,190.17 72030 11437058 Invoice 11/06/2024 TRANSLATION SERVICES 0.00 4,190.17 M BASIA MBASIA C/O Alliant Insurance Services 11/06/2024 Regular 0.00 349.40 72031 09/30/24 Invoice 11/06/2024 LIABILITY CLAIM ADMIN 0.00 349.40 MONARCH IN MELDI LLC 11/06/2024 Regular 0.00 49,658.00 72032 10/18/24 Invoice 11/06/2024 MONARCH INN TEMP HOMELESS SHELTER… 0.00 49,658.00 MOTOROLA, MOTOROLA INC 11/06/2024 Regular 0.00 33,817.81 72033 Check Report Date Range: 11/01/2024 - 11/15/2024
11/18/2024 11:05:40 AM Page 4 of 6
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 32985 Invoice 11/06/2024 RADIOS 0.00 33,817.81
NAOMI NUSS NAOMI BIANCA NUSSBAUM 11/06/2024 Regular 0.00 5,000.00 72034 11/01/24 Invoice 11/06/2024 DOWNTOWN PLAZA ART SELECTION CON… 0.00 5,000.00 ODP ODP BUSINESS SOLUTIONS, LLC 11/06/2024 Regular 0.00 356.91 72035 388712696001 Invoice 11/06/2024 OFFICE SUPPLIES 0.00 136.43 388712696002 Invoice 11/06/2024 OFFICE SUPPLIES HANGING FOLDERS 0.00 44.11 389264921001 Invoice 11/06/2024 OFFICE SUPPLIES 0.00 117.30 389808657001 Invoice 11/06/2024 OFFICE SUPPLIES - STAMPS 0.00 9.78 389809793001 Invoice 11/06/2024 OFFICE SUPPLY STAMPS 0.00 27.18 389809797001 Invoice 11/06/2024 BREAKROOM SUPPLY- PAPER TOWEL 0.00 22.11 PURE WATER PENINSULA PURE WATER INC 11/06/2024 Regular 0.00 44.70 72036 442823 Invoice 11/06/2024 WATER FOR CITY HALL 0.00 44.70 PBGFS PITNEY BOWES GLOBAL FINANCIAL SERVICES LLC11/06/2024 Regular 0.00 757.01 72037 10/11/24 Invoice 11/06/2024 POSTAGE 0.00 757.01
RAZZOLINK RAZZO LINK INC RAZZOLINK 11/06/2024 Regular 0.00 34.90 72038 408301 Invoice 11/06/2024 MAINTENANCE AGREEMENT ON CITY WEB… 0.00 34.90 REISS REISS DESIGN STUDIO, PROFESSIONAL CORPORATION 11/06/2024 Regular 0.00 5,172.50 72039 2146-015 Invoice 11/06/2024 ARCHITECT SERVICES 0.00 5,172.50 SPEAK SPEAKWRITE BILLING DEPT 11/06/2024 Regular 0.00 3.84 72040 D70CA195 Invoice 11/06/2024 TRANSCRIPTION SERVICES 0.00 3.84 ADAMSS STEVEN ADAMS 11/06/2024 Regular 0.00 73.70 72041 10/25/24 Invoice 11/06/2024 MBAMG MEETING 0.00 73.70
SUN STREET SUN STREET CENTERS 11/06/2024 Regular 0.00 1,000.00 72042 KING-RKC-106 Invoice 11/06/2024 OCT CLEANING OF BROADWAY 0.00 1,000.00 EDJONES THE ED JONES CO INC 11/06/2024 Regular 0.00 230.06 72043 57004 Invoice 11/06/2024 CODY HUGHES FLAT BADGE 0.00 230.06 TRANSU TRANSUNION RISK AND ALTERNATIV 11/06/2024 Regular 0.00 75.00 72044 412260-202410-1 Invoice 11/06/2024 TRULOOKUP 0.00 75.00 TULARE TULARE COUNTY JAIL INDUSTRIES ENGRAVING PROGRAM 11/06/2024 Regular 0.00 47.74 72045 20832 Invoice 11/06/2024 NAME PLAQUES 0.00 47.74
TYLER TECH TYLER TECHNOLOGIES INC 11/06/2024 Regular 0.00 23,736.71 72046 025-483664 Invoice 11/06/2024 ANNUAL LICENSE FEES 0.00 22,826.71 025-484812 Invoice 11/06/2024 SYSTEM CONVERSION LICENSING 0.00 910.00 VERIZON WI VERIZON WIRELESS 11/06/2024 Regular 0.00 1,548.97 72047 9976118126 Invoice 11/06/2024 CITY CELL PHONES 0.00 560.71 Check Report Date Range: 11/01/2024 - 11/15/2024
11/18/2024 11:05:40 AM Page 5 of 6
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 9976405769 Invoice 11/06/2024 MDTS 0.00 988.26
Total Regular: 0.00 204,696.97
Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code POOL-WFB Summary
Bank Drafts
EFT's
44 0
2 0
9 0.00

0.00 0.00

0.00 0.00
55 0.00
Payment
205,180.97

0.00 -484.00

0.00 36,803.29
241,500.26
Payable
Count
89 0
0 0
14 103
Check Report Date Range: 11/01/2024 - 11/15/2024
11/18/2024 11:05:40 AM Page 6 of 6
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
44 0
2 0
9 0.00

0.00 0.00

0.00 0.00
55 0.00
205,180.97

0.00 -484.00

0.00 36,803.29
241,500.26
89 0
0 0
14 103
Fund Name Period Amount
Fund Summary
999 Pooled Cash Fund 11/2024 241,500.26
241,500.26
Item No. 9(C)

REPORT TO THE CITY COUNCIL
DATE: NOVEMBER 26, 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 OCTOBER 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.

Exhibit 1
Item No.9(D)

REPORT TO THE CITY COUNCIL
DATE: NOVEMBER 26, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMES HUNT, CHIEF OF POLICE
RE: CONSIDERATION OF OFFICE OF TRAFFIC SAFETY STEP
GRANT
RECOMMENDATION:

It is recommended City Council: 1) adopt a Resolution authorizing the Chief of Police to accept the "(STEP)" grant in the amount of $65,000 and enter into a grant agreement and any amendments with the California Office of Traffic Safety (OTS); and 2) appropriate the proceeds from the grant for the proposed traffic safety expenses.

BACKGROUND:

In 2023, the King City Police Department (KCPD) took a total of 91 traffic collision reports, which was a decrease from 2022 when KCPD took a total of 124 traffic collision reports. However, in 2023, 32 of the traffic collision reports taken involved injuries with 47 people reporting injuries. This was an increase from 2022 when 27 of the traffic collision reports involved injuries of 39 people.

Additionally, in 2023, KCPD took 18 traffic collision reports where alcohol was cited as a factor, an increase from 14 in 2022. In 2023, the King City Police Department made 42 arrests for driving under the influence of alcohol (DUI), down from the 50 arrests KCPD made in 2022. In 2023, KCPD issued 109 traffic citations.

The increase in traffic collisions with reported injuries and traffic collisions citing alcohol as a factor are concerning. KCPD makes traffic enforcement a priority, but traffic enforcement program has not been as robust as desired due to staffing issues. KCPD is now fully staffed and more prepared to address traffic complaints and traffic-related issues. In years prior, KCPD was awarded a STEP grant which was utilized to provide advanced training to our officers in the field of DUI enforcement and conduct DUI and traffic enforcement specific operations.

This will continue with funds provided by this STEP grant. With a continued

CITY COUNCIL

CONSIDERATION OF OFFICE OF TRAFFIC SAFETY STEP GRANT
NOVEMBER 26, 2024
PAGE 2 OF 3
partnership between KCPD and OTS, the Police Department will provide extra enforcement efforts and training to our officers, which will assist us in our efforts to make the city safer for everyone.

DISCUSSION:

The STEP grant focuses on a comprehensive approach to enforce and encourage compliance with seat belt use, impaired driving, speed limit, and other traffic laws. Education and enforcement are two very important components of collision reduction. The acceptance of the STEP grant will allow the King City Police Department to bolster its enforcement and education efforts in all of the problem areas mentioned.

The grant award for $65,000 will allow the King City Police Department to perform overtime operations related to DUI checkpoints and saturation patrols as well as traffic enforcement operations linked to distracted driving and primary collision factors. These comprehensive programs have a long-lasting impact in reducing both fatal and injury collisions. The grant will also fund expenses related to training personnel to identifying persons driving under the influence of alcohol and/or drugs.

The City has previously been awarded an OTS grant and has successfully managed the award activities. Staff urge the Council to accept the STEP grant in the amount of $65,000 and approve the budget amendment to use these funds for the approved activities.

COST ANALYSIS:

The total cost of this project will not exceed $65,000. Grant revenues will be deposited into a specified budget code to directly offset expenditures. This grant will fund overtime, benefits, equipment, training costs, and reduce additional General Fund expenditures resulting in a zero net difference to the approved budget.

ENVIRONMENTAL REVIEW:

The OTS STEP grant 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.

ALTERNATIVES:

The following alternatives are provided for City Council consideration:

RESOLUTION NO. 2024-5018

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING ACCEPTING AN OFFICE OF TRAFFIC SAFETY (OTS) STEP GRANT.

WHEREAS, the City of King (“City”) is committed to providing for the health and welfare of its community and providing educational outreach and enforcement of laws related to vehicular and traffic safety;
WHEREAS, the City was awarded a one-year Office of Traffic Safety, Selective Traffic Enforcement Program Grant in the amount of $65,000 on October 1, 2024, as outlined in Exhibit 1;
WHEREAS, the City is in need of supplemental funding to support its efforts in providing increased education and enforcement of traffic laws and safety enforcement and education; and WHEREAS, the City will accept the grant funds awarded by the Office of Traffic Safety in its November 4, 2024, email.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of King does herby authorize and resolve as follows:

1. Approved the acceptance of the Office of Traffic Safety S.T.E.P. Grant; and

2. Certifies that said applicant will expend grant funds per the grant requirements; and

3. Appoints the City manager or a designee, to execute and submit all documents including, but not limited to, agreements, amendments, payment requests and so on, which may be necessary for the completion of the project.

PASSED AND ADOPTED at a regular meeting of the City Council on the November 26, 2024, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
_____________________________
Michael LeBarre, Mayor
ATTEST:
_________________________________
Erica Sonne, City Clerk
APPROVED AS TO FORM:
__________________________________
Roy Santos, City Attorney
EXHIBIT 1

Item No. 9 (E)

REPORT TO THE CITY COUNCIL
DATE: NOVEMBER 26, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DOREEN LIBERTO, AICP, COMMUNITY DEVELOPMENT

DIRECTOR
RE: CONSIDERATION OF A CONTRACT WITH ZONDA ADVISORY

TO PREPARE A HOUSING MARKET ANALYSIS
RECOMMENDATION:

It is recommended the City Council: 1) approve and authorize the City Manager to execute a contract services agreement with Zonda Advisory for preparation of a Housing Market Analysis in an amount not to exceed $50,000; and 2) appropriate $50,000 for the study from existing affordable housing in-lieu fee revenue.

BACKGROUND:

Providing additional housing is a top priority in King City due to the serious housing shortage and high rents. A Housing Market Analysis will assist in attracting developers to build housing. A few developers interested in housing development have requested a housing analysis to determine the type of housing development that will sell in King City and the level of demand. Staff had previously proposed to seek a CDBG planning grant to fund a comprehensive housing study, which was approved by the City Council. However, staff has determined that the time required to apply for and obtain approval for the grant will exceed the time desired to make progress in addressing this important need.

Earlier this year, staff sent a Request for Proposal (RFP) to several consultants specializing in housing market analyses studies. Four proposals were submitted to the City. The four proposals range in price from $29,911 to $149,055. After reviewing the proposals, three were selected for further consideration. After rating the three proposals, staff recommend that Zonda Advisory receive a contract for $49,345. (Reference Exhibit 1: Zonda Advisory Proposal.)

CITY COUNCIL/CITY

CONSIDERATION OF A CONTRACT WITH ZONDA ADVISORY TO PREPARE

A HOUSING MARKET ANALYSIS
NOVEMBER 26, 2024
PAGE 2 OF 3
DISCUSSION:

The main objective for a housing market analysis is to understand the property supply and demand trends, values and other relevant factors to attract development. Some of the items Zonda Advisory will consider include:
• Housing Market Inventory and Assessment: A summary of housing supply, including existing and planned housing stock in the City and surrounding areas (Salinas and Luis Obispo Paso Robles Metropolitan Statistical Area (MSA) to establish the impact on King City’s housing stock.
• For Sale Housing Assessment: Identify the housing location, and its access to public transit, civic centers, and proximity to commercial and retail uses.
• Economic Overview: Identify primary supply and demand conditions for new housing in the region and provide a five-year forecasts for housing demand. Historic and future trends for building permits, existing home prices, employment, population, and growth.
• Demographic Overview: Define profiles for buyers and renters, quantify population and household growth by age, income, education, job sector, etc.
• Household Composition Inventory: Analyze status quo and five-year forecast regarding household demographics.
• Traffic Patterns: Identify employment centers and commuter patterns. • Land Stock & Future Supply: Compile data on land stock (e.g., past, existing and proposed development).

The final project will be a market report which includes conclusions and recommendations for market-based housing opportunities by type.

COST ANALYSIS:

The City currently has a balance of $150,000 in affordable housing in lieu fee revenue. The existing affordable housing in-lieu fee revenue will pay for the Housing Market Analysis and has been determined to be an eligible use since funding the study is an instrumental step in producing more housing stock and lowering housing prices. The remaining amount of the funds will be recommended to be programmed for the homeless permanent supportive housing project.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item.

Exhibit 1

EXHIBIT 2

Item No. 9 (F)

REPORT TO THE CITY COUNCIL
DATE: NOVEMBER 26, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF ALLOCATION OF AFFORDABLE

HOUSING IN-LIEU FEE REVENUE
RECOMMENDATION:

It is recommended the City Council: 1) appropriate $50,000 of affordable housing in-lieu fee revenue for expenses related to the Monarch Inn temporary homeless shelter program; and 2) appropriate $50,000 of affordable housing in-lieu fee revenue for expenses related to acquisition and improvements to the former Days Inn property for a permanent supportive housing project.

BACKGROUND:

The City has affordable housing in-lieu fee revenue available and a number of eligible uses in need of funding.

DISCUSSION:

Since the City is receiving less PLHA funding than originally projected, the budget for the permanent supportive housing project is once again short of being fully funded. In addition, while the operational costs for the extension of the Monarch Inn temporary homeless shelter program are fully funded, staff are anticipating additional expenses at the conclusion of the program to repair damage and refurnish the rooms. Therefore, additional budgeted funds are being pursued.

It is recommended that $50,000 from the affordable housing in-lieu fee funds be allocated for the permanent supportive housing project and $50,000 be allocated for the Monarch Inn temporary homeless shelter program. The remaining $50,000 is being recommended for a housing demand study.

Item No. 9(G)

REPORT TO THE CITY COUNCIL
DATE: NOVEMBER 26, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, PUBLIC WORKS DIRECTOR/CITY

ENGINEER
RE: CONSIDERATION OF AGREEMENT FOR SAFE ROUTES TO

SCHOOL EDUCATION AND ENCOURAGEMENT SERVICES
RECOMMENDATION:

It is recommended the City Council: 1) approve and authorize the City Manager to execute an agreement with the Transportation Agency for Monterey County (“TAMC”) in an amount not to exceed $2,294,631.46 of Active Transportation Program (“ATP”) grant funds to provide Safe Routes to School Education & Encouragement services for the period ending December 31, 2030; and 2) authorize the City Manager, or his designee, to take such other further actions as may be necessary to fulfill the intent of the agreement, including approvals of future modifications or amendments that do not significantly alter the scope of work or change the approved agreement term or amount.

BACKGROUND:

In 2023 City was awarded $11,043,000 in Active Transportation Program (ATP) Cycle 6 Small Urban & Rural Component funds for the San Antonio Drive Bike Path & Safe Routes to Schools Improvements Project. King City partnered with TAMC and Monterey County Health Department to provide non-infrastructure programming as part of the grant. This agreement will outline the roles and responsibilities of each partner to enable TAMC and Monterey County Health Department to be reimbursed for work on the project.

DISCUSSION:

The San Antonio Path & Safe Routes to School Project is a partnership between the City of King, TAMC, Monterey County Health Department, King City Union Elementary School District and South Monterey County High School District. The purpose of this project is to create safer routes to schools in King City through the

CITY COUNCIL

CONSIDERATION OF AGREEMENT FOR SAFE ROUTES TO SCHOOL

EDUCATION AND ENCOURAGEMENT SERVICES
NOVEMBER 26, 2024
PAGE 2 OF 3
construction of a separated path along San Antonio Drive and complete streets design along Broadway Street in front of King City High School and to provide bicycle and pedestrian safety education and encouragement programs to schools and the greater community. All communications and project materials will be in English and in Spanish.

The non-infrastructure portion of the project is fully funded through a $2,294,631.46 Cycle 6 Active Transportation Program grant. King City is the lead applicant, and TAMC is the sub-applicant. The City will administer the overall grant and manage the construction portion of the project. TAMC staff will manage the non-infrastructure portion of the grant including contracts with the Monterey County Health Department and Ecology Action.

TAMC will be responsible for overseeing the project delivery, coordinating partnership involvement, hiring and managing a consultant, working with students and community members to develop sidewalk art marking safe routes to schools, conducting Walk & Roll to School Day events, developing and installing traffic gardens, managing a community steering committee, and administering the noninfrastructure portion of the grant.

Monterey County Health Department will be responsible for leading the safe routes to school kick-off activities with the school community, piloting a balance bike program, developing an open street event program, conducting walking presentations to seniors, facilitating health in all policies and civic engagement programs, conducting before and after counts for the safety presentations to 3rd and 4th graders, developing and launching a safety campaign for motorists, delivering safety presentations for 3rd and 4th grades for Del Rey and Santa Lucia Elementary Schools, and submitting quarterly invoices and reports to TAMC.

Ecology Action will be responsible for providing traffic safety education to 2nd and 5 th graders and safety assemblies to middle school students, developing and implementing walking school buses, coordinating and host Family Fun, and submitting quarterly invoices and reports to TAMC.

The project will kick-off in December 2024 and is expected to last approximately 3 years to December 2027. The project schedule is subject to change and may be impacted by the construction portion of the project.

COST ANALYSIS:

The San Antonio Path & Safe Routes to School Project is funded entirely through a $2,294,631.46 ATP Grant. TAMC will be reimbursed an amount not to exceed $2,294,631.46 which will include $375,767.45 for work performed by the TAMC,

N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2024\November 26, 2024 City Council Meeting Agenda\ATPC6_SanAntonioPath_PartnerAgrmt_City.docx

TRANSPORTATION AGENCY FOR MONTEREY COUNTY

AND CITY OF KING

AGREEMENT FOR PROFESSIONAL SERVICES

RELATED TO SAN ANTONIO PATH & SAFE ROUTES TO SCHOOL PROJECT APPROVED BY TRANSPORTATION AGENCY BOARD ON: AUG 28, 2024 This is an agreement (“Agreement”) between the Transportation Agency for Monterey County, hereinafter called “TAMC,” and the City of King, hereinafter called “CITY”.

PURPOSE
The purpose of this Agreement is to set forth the roles and responsibilities of the CITY and TAMC with respect to the implementation of the San Antonio Path & Safe Routes to School Project, hereinafter the “PROJECT.”

RECITALS
WHEREAS, the Active Transportation Program (“ATP”) was created by California Senate Bill 99 (Chapter 359, Statutes of 2013) and Assembly Bill 101 (Chapter 354, Statutes of 2013) to encourage increased use of active modes of transportation; WHEREAS, in September 2013, the State of California consolidated certain existing federal and state transportation programs into a single, “Active Transportation Program” (SB 99 and AB 101). The Active Transportation Program encourages increased bicycling and walking as a means of transportation, increased safety and travel options for people who aren’t traveling by vehicle, enhances public health with a special emphasis on reducing childhood obesity, and ensures that disadvantaged communities fully benefit from the program; WHEREAS, since that time, the TAMC, as well as the County of Monterey, by and through its Health Department (“MCHD”), have sought and received grants from the California Department of Transportation (“Caltrans”) and others, in order to implement specific projects and programs geared towards increasing and sustaining active transportation in Monterey County.

WHEREAS, the Legislature of the State of California has enacted legislation by which certain State and federal-aid funds may be made available for use on local transportation related projects of public entities qualified to act as recipients of these state and/or federal-aid funds; WHEREAS, TAMC is responsible for regional transportation planning and implementation and has Master Fund agreements with Caltrans to receive federal and state funds; WHEREAS, on November 8, 2016, the voters of Monterey County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq. (the “Act”), approved the Transportation Safety & Investment Plan Measure X (TAMC Ordinance No. 2016-01) on the Monterey County Ballot, thereby authorizing Exhibit 1
City of King – ATP C6 San Antonio Path & SRTS Project Agreement Approved on August 28, 2024
2 TAMC to impose and administer the proceeds from a three-eighths cent transaction and use tax (“Measure X”).

WHEREAS, in February 2018, the TAMC Board adopted the Measure X Safe Routes to School Guidelines, which set goals for safe routes to school in Monterey County. The Measure X Safe Routes to School program is aimed at developing safe, healthy and affordable transportation options for children, educating children and the community how to safely walk, bicycle and carpool, and encouraging children to use active transportation that will lead to a healthier lifestyle.

WHEREAS, the City of King applied as the applicant and Transportation Agency applied as subapplicant to the Active Transportation Program for the San Antonio Path & Safe Routes to School Project grant; and
WHEREAS, the PROJECT was awarded Two-Million Two-Hundred Ninety-Four Thousand Six-Hundred Thirty-One Dollars and Forty-Six Cents ($2,294,631.46) in Active Transportation Grant Program funds for Non-Infrastructure programming; and WHEREAS, TAMC requires a sub-consultants to deliver the PROJECT and the MCHD and Ecology Action “EA” can provide the needed specialized services; and WHEREAS, the PROJECT will provide an opportunity to implement Safe Routes to School education and encouragement programs at Del Rey Elementary School, Santa Lucia Elementary School and Chalone Middle School, as further described in the Scope of Work and Schedule, attached hereto and incorporated herein as “Exhibit A”; and WHEREAS, as described herein and in Exhibit A, TAMC will be responsible for overseeing the PROJECT delivery, coordinating partnership involvement, hiring and managing a consultant, working with students and community members to develop sidewalk art marking safe routes to schools, conducting Walk & Roll to School Day events, developing and installing traffic gardens, managing a community steering committee, and administering the non-infrastructure portion of the grant; and
WHEREAS, as described herein and in Exhibit A, MCHD, will lead the safe routes to school kick-off activities with the school community, piloting a balance bike program, developing an open street event program, conducting walking presentations to seniors, facilitating health in all policies and civic engagement programs, conducting before and after counts for the safety presentations to 3rd and 4th graders, developing and launching a safety campaign for motorists, delivering safety presentations for 3rd and 4th grades for Del Rey and Santa Lucia Elementary Schools, and submitting quarterly invoices and reports to TAMC.

WHEREAS, as described herein and in Exhibit A, EA, will be responsible for providing traffic safety education to 2nd and 5th graders and safety assemblies to middle school students, developing and implementing walking school busses, coordinating and host Family Fun, and submitting quarterly invoices and reports to TAMC.

City of King – ATP C6 San Antonio Path & SRTS Project Agreement Approved on August 28, 2024
3 NOW, THEREFORE, the parties hereto agree as follows:

1. Term of Agreement. The term of this Agreement shall begin upon August 28, 2024, contingent upon approval by the City of King and TAMC Board of Directors. MCHD and EA shall commence work only after a Notice to Proceed has been issued by TAMC’s Project Manager specified in Paragraph 32. Unless earlier terminated as provided herein, this Agreement shall remain in force until December 31, 2030, unless extended by amendment of the Agreement. TAMC acknowledges that this Agreement is not binding until it is fully executed and approved by the City of King.

2. Payments to MCHD and EA; maximum liability. Subject to the limitations set forth herein, TAMC shall pay to MCHD and EA the amounts provided in Exhibit B: Budget, upon receipt and acceptance of deliverables listed therein. Each payment by TAMC shall be for a specific deliverable or services outlined in Exhibit A: Scope of Work and Schedule. The maximum amount payable to the MCHD under this Agreement is set forth in Exhibit B: Budget and shall not exceed the amount of One-Million Five-Hundred Seventy-Eight Thousand Two-Hundred Eight Dollars and Thirty-One Cents ($1,578,208.31). If there is any conflict between the terms of this Agreement and the terms of either Exhibit A (Scope of Work and Schedule) or Exhibit B (Budget), the terms of this Agreement shall prevail. TAMC does not guarantee any minimum amount of dollars to be spent under this Agreement.

3. Employment of MCHD & EA. TAMC hereby engages MCHD and MCHD hereby agrees to perform the services set forth in Exhibit A: Scope of Work and Schedule, in conformity with the terms of this Agreement. MCHD and EA will complete all work in accordance with the work schedule set forth in Exhibit A: Scope of Work and Schedule. (a) The brief description for this work is as follows:
i. Participate in monthly coordination meetings;
ii. Advertise and conduct safe routes to school kick-off activities with school community;
iii. Facilitate communications with school staff and identify a school contact/liaison; iv. Collect before and after pedestrian safety education data; v. Conduct pedestrian and bicycle safety presentations; vi. Pilot a balance bike program;
vii. Implement walking school buses;
viii. Organize and host Family Fun Festivals;
ix. Develop an open street event program;
x. Conduct walking presentations to seniors;
xi. Facilitate health in all policies and civic engagement programs; xii. Develop and launch a safety campaign for motorists; xiii. Submit quarterly progress reports and invoices to TAMC; and xiv. Take such other actions as may be necessary to fulfill its obligations under the Agreement.

City of King – ATP C6 San Antonio Path & SRTS Project Agreement Approved on August 28, 2024
4 (b) MCHD and EA represents that MCHD and EA and their agents, subcontractors and employees performing work hereunder are specially trained, experienced, competent, and appropriately licensed to perform the work and deliver the services required by this Agreement.
(c) MCHD and EA, their agents, subcontractors, and employees, shall perform all work in a safe, skillful, and professional manner and in compliance with all applicable laws and regulations. All work performed under this Agreement that is required by law to be performed or supervised by licensed personnel shall be performed in accordance with such licensing requirements. MCHD and EA shall ensure for itself and for any subcontractors under this Agreement that the applicable requirements of Labor Code section 1725.5, concerning the registration of contractors for public works, shall be in force and maintained for the term of this Agreement.
(d) MCHD and EA shall furnish, at its own expense, all materials and equipment necessary to carry out the terms of this Agreement, except as otherwise provided herein. MCHD and EA shall not use TAMC premises, property (including equipment, instruments, or supplies) or personnel for any purpose other than in the performance of its obligations hereunder.
(e) MCHD’s and EA’s Project Managers shall be specified in Exhibit A and Paragraph 32. If MCHD or EA desires to change the project manager, MCHD and EA shall get written approval from TAMC of the new project manager. (f) MCHD and EA shall submit progress reports at least quarterly. The report should be sufficiently detailed for the Project Manager to determine if MCHD and EA is performing to expectations and if the work is on schedule; to communicate interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
(g) MCHD’s and EA’s Project Managers shall meet with TAMC’s Project Manager, as needed, to discuss progress on the contract.

4. Payment Provisions and Allowable Costs:
(a) The following Standard Payment Provisions apply to all contracts, regardless of the Method of Payment specified in Paragraph (b):
i. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement.
ii. Reimbursement for travel costs, if eligible under the Method of Payment as specified below, shall not exceed the Short-Term Travel Lodging Rates and Requirements listed on the Caltrans website, according to the Code of Regulations (CCR), Administrative Code, Title 2.
iii. When milestone or task-by-task cost estimates are included in the Budget, MCHD and EA shall seek approval from the TAMC Project Manager prior to City of King – ATP C6 San Antonio Path & SRTS Project Agreement Approved on August 28, 2024
5 any adjustment to compensation across work tasks. In the event that TAMC determines that a change to the Scope of Work and Schedule is required, such changes shall be approved and documented in writing by the TAMC Project Manager.
iv. Progress payments will be made quarterly in arrears based on services provided and allowable incurred costs. If MCHD or EA fails to submit the required deliverable items according to the schedule set forth in Exhibit A:

Scope of Work and Schedule, TAMC shall have the right to delay payment or terminate this Agreement in accordance with the provisions of Paragraph 6, Termination.
v. Invoices shall be mailed to TAMC’s Contract Administrator at the address contained in Paragraph 33 (Notices). Invoices shall be submitted no later than 45 calendar days after the performance of work for which MCHD or EA is billing. Invoices shall detail the work performed on each milestone or task.

Invoices shall follow the format stipulated in Exhibit B: Budget and the Invoice Cover Sheet Format, attached hereto as Exhibit C, and shall reference this Agreement’s project title as specified in Section 3. MCHD and EA will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by TAMC’s Contract Administrator of itemized invoices approved by the TAMC Project Manager.
vi. The final invoice must contain the final cost and all credits due TAMC including any equipment purchased under the provisions of Paragraph 25 (Equipment Purchase) of this Agreement and shall be submitted within 60 calendar days after completion of MCHD’S and EA’s work on the PROJECT.
vii. No additional compensation will be paid to MCHD or EA unless there is a change in the scope of the work. Changes in the scope of work that do not increase compensation may be approved by the TAMC Project Manager.

Changes in the scope of work that would increase compensation must be authorized by an amendment to this Agreement approved by the TAMC Board of Directors.
viii. Salary increases will be reimbursable only for Actual Cost-Plus Fixed Fee or Rates of Compensation contracts and only if the increase is specified in Exhibit B: Budget. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. ix. The total amount payable by TAMC resulting from this Agreement shall not exceed the amount specified in Section 2 of this Agreement. x. All subcontracts in excess of $25,000 shall contain the above provisions. (b) Method of Payment: The method of payment for this Agreement will be based on Actual Cost Plus a Fixed Fee.

City of King – ATP C6 San Antonio Path & SRTS Project Agreement Approved on August 28, 2024
6 i. TAMC will reimburse MCHD and EA for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by MCHD and EA in performance of the work.

MCHD and EA will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, equipment rental, overhead, and other estimated costs set forth in Exhibit B: Budget.
ii. In no event will MCHD or EA be reimbursed for overhead costs at a rate that exceeds the approved overhead rate set forth in Exhibit B. iii. In addition to the allowable incurred costs, TAMC will pay MCHD and EA a fixed fee as specified in Exhibit B: Budget. The fixed fee is nonadjustable for the term of the Agreement, unless such adjustment is made by written amendment of this Agreement.

5. Retention of Funds.
(a) Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section.

6. Termination.
(a) Either party reserves the right to terminate this Agreement upon thirty (30) calendar days’ written notice to the other party with the reasons for termination stated in the notice.
(b) TAMC may also terminate this Agreement at any time for good cause effective immediately upon written notice to MCHD or EA. “Good cause” includes, without limitation, the failure of MCHD to perform the required services at the time and in the manner provided herein, as well as failure to comply with the provisions of Paragraphs 13 and 14, relating to audits, below. Notwithstanding TAMC’s right to terminate for good cause effective immediately upon written notice thereof, TAMC shall provide prior notice to MCHD or EA of any ground for termination then being considered, and also provide MCHD or EA with a good faith opportunity to avoid termination, as reasonably determined by TAMC in its absolute discretion. If TAMC terminates this Agreement for good cause, TAMC may be relieved of the payment of any consideration to MCHD or EA, and TAMC may proceed with the work in any manner, which it deems proper.

Costs incurred by TAMC thereby shall be deducted from any sum otherwise due MCHD or EA.
(c) It is also mutually understood between the CITY, TAMC and MCHD and EA that this Agreement may have been written before ascertaining the availability of funds, or appropriation of funds, for the mutual benefit of both parties, in order to City of King – ATP C6 San Antonio Path & SRTS Project Agreement Approved on August 28, 2024
7 avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made. This Agreement is valid and enforceable only if sufficient funds are made available to the CITY for the purpose of this Agreement. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds. TAMC retains the right to direct MCHD or EA immediately to stop work and to terminate this Agreement for convenience, pursuant to Paragraph 6(a) above, in order to address any reduction of funds.
(d) Termination of this Agreement shall not terminate MCHD’s or EA’s duty to defend, indemnify and hold harmless TAMC, as provided in Paragraphs 8 and 20.

7. Cost Principles and Administrative Requirements.
(a) MCHD and EA agrees that the contract Cost Principles and Procedures, 48 Code of Federal Regulations (CFR), Chapter 1, Part 31.000 et seq., Federal Acquisition Regulations System, shall be used to determine the cost allowability of individual items.
(b) MCHD and EA also agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Costs Principles and Audit Requirements.
(c) Any costs for which payment has been made to MCHD and EA under this Agreement that are determined by subsequent audit to be unallowable under 2 CFR Part 200 are subject to repayment by MCHD and EA to TAMC. (d) MCHD and EA shall maintain accounting systems related to the work to be performed pursuant to this Agreement that conform to Generally Accepted Accounting Principles (GAAP).
(e) All subcontracts in excess of $25,000 shall contain the above provisions.

City of King – ATP C6 San Antonio Path & SRTS Project Agreement Approved on August 28, 2024
8 8. Indemnification.
(a) To the fullest extent permitted by law, including California Civil Code sections 2782 and 2782.6, MCHD and EA shall defend (with legal counsel reasonably acceptable to TAMC), indemnify and hold harmless TAMC, its officers, agents, and employees, from and against any and all claims, losses, costs, damages, injuries (including injury to or death of an employee of MCHD or EA, expenses and liabilities of every kind, nature and description (including incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of MCHD or EA or, anyone directly or indirectly employed by them, or anyone that they control (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify TAMC, its officers, agents, and employees, shall not apply to the extent that such Liabilities are caused in part by the sole negligence, active negligence, or willful misconduct of TAMC, its officers, agents, and employees. To the extent there is an obligation to indemnify under this Paragraph, MCHD and EA shall be responsible for incidental and consequential damages resulting directly or indirectly, in whole or in part, from MCHD’s or EA’s negligence, recklessness, or willful misconduct.
(b) Notwithstanding any other provision of this Agreement, MCHD’s or EA’s obligation to defend, indemnify and hold harmless TAMC shall survive the termination or expiration of the Agreement for a term to include the applicable statute of limitations related to the MCHD’s or EA’s performance pursuant to the Agreement.

9. Insurance.
(a) Without limiting MCHD’s or EA’s duty to indemnify as set forth in this Agreement, MCHD and EA shall maintain, at no additional cost to TAMC throughout the term of this Agreement a policy or policies of insurance or self-insurance with the following coverage and minimum limits of liability:
✓ Commercial general liability insurance, including but not limited to premises, personal injury, products, and completed operations, with a combined single limit of One Million Dollars ($1,000,000) per occurrence.
✓ Comprehensive automobile insurance covering all motor vehicles, including owned, leased, hired and non-owned vehicles used in providing services under this Agreement, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence.
(b) All insurance required under this Agreement shall be with a company acceptable to TAMC and authorized by law to transact insurance business in the State of California.

Unless otherwise provided in this Agreement, all such insurance shall be written on City of King – ATP C6 San Antonio Path & SRTS Project Agreement Approved on August 28, 2024
9 an occurrence basis; or, if any policy cannot be written on an occurrence basis, such policy shall continue in effect for a period of two years following the date of MCHD’s or EA’s completion of performance hereunder.
(c) Each policy of insurance required under this Agreement shall provide that TAMC shall be given written notice at least thirty days in advance of any change, cancellation or non-renewal thereof. Each policy shall provide identical coverage for each subcontractor performing work under this Agreement, or be accompanied by a certificate of insurance for each subcontractor showing identical insurance coverage. (d) Commercial general liability and automobile liability policies shall provide an endorsement naming TAMC, its officers, agents, and employees, as additional insureds and shall further provide that such insurance is primary to any insurance or self-insurance maintained by TAMC, and that no insurance of any additional insured shall be called upon to contribute to a loss covered by MCHD’s or EA’s insurance. (e) TAMC shall not be responsible for any premiums or assessments on the policy.

10. Workers’ Compensation Insurance. If during the performance of this Agreement, MCHD or EA employs one or more employees, then MCHD or EA shall maintain a workers’ compensation plan covering all of its employees as required by Labor Code Sec. 3700, either (a) through workers’ compensation insurance issued by an insurance company, with coverage meeting the statutory limits and with a minimum of One Million Dollars ($1,000,000) per occurrence for employer’s liability, or (b) through a plan of self-insurance certified by the State Director of Industrial Relations, with equivalent coverage. If MCHD or EA elects to be self-insured, the certificate of insurance otherwise required by this Agreement shall be replaced with consent to self-insure issued by the State Director of Industrial Relations. The provisions of this paragraph apply to any subcontractor employing one or more employees, and MCHD or EA shall be responsible for all subcontractors’ compliance herewith.

11. Safety Provisions.
(a) MCHD and EA shall comply with Division of Occupational Safety and Health (CALOSHA) regulations applicable to MCHD and EA regarding necessary safety equipment or procedures. MCHD and EA shall comply with safety instructions issued by TAMC Safety Officer and other TAMC representatives. MCHD and EA personnel shall wear hard hats and safety vests at all times while working on a construction project site.
(b) If applicable to work to be performed by MCHD and EA identified in the Scope of Work (Exhibit A), and pursuant to the authority contained in Section 591 of the Vehicle Code, TAMC has determined that such areas are within the limits of the PROJECT and are open to public traffic. MCHD and EA shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.

MCHD and EA shall take all reasonably necessary precautions for safe operation of City of King – ATP C6 San Antonio Path & SRTS Project Agreement Approved on August 28, 2024
10 its vehicles and the protection of the traveling public from injury and damage from such vehicles.
(c) Any subcontract entered into as a result of this Agreement, shall contain all of the provisions of this Section.
(d) MCHD and EA must have a CAL-OSHA permit(s), as outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five feet or deeper.

12. Certificate of Insurance and Taxpayer Identification. Prior to the execution of this Agreement by TAMC, MCHD and EA shall submit a completed federal W-9 form, Request for Taxpayer Identification Number and Certification, and file certificates of insurance with TAMC’s contract administrator evidencing that MCHD and EA has in effect the insurance required by this Agreement. MCHD and EA shall file a new or amended certificate promptly after any change is made in any insurance policy, which would alter the information on the certificate then on file. Acceptance or approval of insurance shall in no way modify any indemnification provision of this Agreement.

13. Retention of Records/Audit.
(a) For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the Agreement pursuant to Government Code 8546.7, MCHD and EA, and TAMC shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement.

All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The state, State Auditor, TAMC, Federal Highway Administration, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of MCHD and its certified public accountants (CPA) work papers that are pertinent to the Agreement and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. (b) Subcontracts in excess of $25,000 shall contain this provision.

City of King – ATP C6 San Antonio Path & SRTS Project Agreement Approved on August 28, 2024
11 14. Audit Review Procedures.
(a) Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by TAMC’S Director of Finance and Administration.
(b) Not later than 30 days after issuance of the final audit report, MCHD and EA may request a review by TAMC’S Director of Finance and Administration of unresolved audit issues. The request for review will be submitted in writing. (c) Neither the pendency of a dispute nor its consideration by TAMC will excuse MCHD and EA from full and timely performance, in accordance with the terms of this Agreement.

15. Inspection of Work. MCHD and EA shall permit TAMC and the State to review and inspect the PROJECT activities and files at all reasonable times during the performance period of this Agreement including review and inspection on a daily basis.

16. Confidentiality; Return of Records. Either party and its officers, employees, agents, and subcontractors shall comply with all federal, State and local laws providing for the confidentiality of records and other information. Either party shall not disclose any confidential information received from the other party or prepared in connection with the performance of this Agreement without the express permission of the other party. Either party shall promptly transmit to the other party all requests for disclosure of any such confidential information. Either party shall not use any confidential information gained through the performance of this Agreement except for the purpose of carrying out its obligations hereunder. When this Agreement expires or terminates, either party shall return to the other party all records, which either party utilized or received from the other party under this Agreement.

17. Amendments and Modifications. No modification or amendment of this Agreement shall be valid unless it is set forth in writing and executed by the parties hereto.

18. Statement of Compliance/Non-Discrimination.
(a) MCHD’s and EA’S signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that MCHD and EA has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.
(b) During the performance of this Agreement, MCHD and EA shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. MCHD City of King – ATP C6 San Antonio Path & SRTS Project Agreement Approved on August 28, 2024
12 and EA shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

MCHD and EA shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. MCHD and EA shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

19. Harassment. TAMC maintains a strict policy prohibiting unlawful harassment, including sexual harassment, in any form, including verbal, physical and visual harassment by any employee, supervisor, manager, officer or Board member, or agent of the employer. Vendors, contractors, and consultants shall not engage in conduct that has an effect of unreasonably interfering with a TAMC employee’s work performance or creates an intimidating, hostile or offensive work environment.

20. Independent Contractor. In its performance under this Agreement, MCHD and EA is at all times acting and performing as an independent contractor and not as an employee of TAMC or any of its member jurisdictions. No offer or obligation of employment is intended in any manner, and MCHD and EA shall not become entitled by virtue of this Agreement to receive any form of benefits accorded to employees including without limitation leave time, health insurance, workers’ compensation coverage, disability benefits, and retirement contributions.

MCHD and EA shall be solely liable for and obligated to pay directly all applicable taxes, including without limitation federal and State income taxes and social security arising out of MCHD’s and EA’S performance of this Agreement. In connection therewith, MCHD and EA shall defend, indemnify, and hold harmless TAMC from any and all liability, which TAMC may incur because of MCHD’s and EA’s failure to make such payments.

21. Ownership of Data.
a) Upon completion of all work under this Agreement, ownership and title to all reports, documents, plans, specifications, and estimates produce as part of this Agreement will automatically be vested in TAMC; and no further agreement will be necessary to transfer ownership to TAMC. MCHD and EA shall furnish TAMC all necessary copies of data needed to complete the review and approval process.
b) It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine-readable form, are intended for one-time use in the connection with the PROJECT for which this Agreement has been entered into. c) MCHD and EA are not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by TAMC of the machine-readable information and data City of King – ATP C6 San Antonio Path & SRTS Project Agreement Approved on August 28, 2024
13 provided by MCHD and EA under this Agreement; further, MCHD and EA are not liable for claims, liabilities, or losses arising out of, or connected with any use by TAMC of the PROJECT documentation on other projects for additions to the PROJECT, or for the completion of the PROJECT by others, except only such use as many be authorized in writing by MCHD and EA.

22. Confidentiality of Data.
a) All financial, statistical, personal, technical, or other data and information relative to TAMC’s operations, which are designated confidential by TAMC and made available to MCHD and EA in order to carry out this Agreement, shall be protected by MCHD and EA from unauthorized use and disclosure.
b) Permission to disclose information on one occasion, or public hearing held by TAMC relating to the Agreement, shall not authorize MCHD and EA to further disclose such information, or disseminate the same on any other occasion. c) MCHD and EA shall not comment publicly to the press or any other media regarding the Agreement or TAMC’s actions on the same, except to TAMC’s staff, MCHD’s and EA’s own personnel involved in the performance of this Agreement, at public hearings or in response to questions from a Legislative committee.
d) MCHD and EA shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by TAMC, and receipt of TAMC’S written permission.
e) Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Article.

23. Compliance with Terms of State Grant. If any part of this Agreement has been or will be funded pursuant to a grant from the State government in which TAMC is the grantee, MCHD and EA shall comply with all provisions of such grant applicable to MCHD’s and EA’s work hereunder, and said provisions shall be deemed a part of this Agreement as though fully set forth herein.

24. Prevailing Wages.
a) MCHD and EA shall comply with all prevailing wage requirements, including California Labor Code section 1770, et seq., and any Federal or local laws or ordinances, that may be applicable to the work to be performed pursuant to this Agreement. b) Any subcontract entered into as a result of this Agreement, if for more than $25,000 for public works, shall contain all the provisions of this Paragraph 26.

City of King – ATP C6 San Antonio Path & SRTS Project Agreement Approved on August 28, 2024
14 c) When prevailing wages may apply to the services described in the Scope of Work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination found on the DIR website.

25. Equipment, Supplies or Consultant Services Purchases. (a) Prior authorization in writing by TAMC’s Contract Administrator shall be required before MCHD and EA enters into any unbudgeted purchase order, or subcontract exceeding Five Thousand Dollars ($5,000) for supplies, equipment, or unbudgeted MCHD and EA services. MCHD and EA shall provide an evaluation of desirability of incurring such costs.
(b) For purchase of any items, service or consulting work not covered in MCHD’s and EA’s Cost Proposal and exceeding Five Thousand Dollars ($5,000), prior authorization is required by TAMC’s Contract Administrator; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified.
(c) Any equipment purchased as a result of this Agreement is subject to the following:
i. MCHD and EA shall maintain an inventory of all nonexpendable property.

Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of Five Thousand Dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, TAMC shall receive a proper refund or credit for such equipment at the conclusion of the Agreement, or if the Agreement is terminated, MCHD and EA may either keep the equipment and credit TAMC in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established TAMC procedures for such sales and then credit TAMC in an amount equal to that sales price. If MCHD or EA elects to keep the equipment, fair market value shall be determined at MCHD’s or EA’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from and appraiser mutually acceptable to TAMC and MCHD or EA; if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by TAMC.

PROJECT
(d) MCHD and EA shall include these provisions into any subcontract in excess of Twenty-Five Thousand Dollars ($25,000).

26. Conflict of Interest.
(a) MCHD and EA shall disclose any financial, business, or other relationship with TAMC that may have an impact upon the outcome of this Agreement, or any ensuing TAMC construction project. MCHD and EA shall also list current clients who may have a City of King – ATP C6 San Antonio Path & SRTS Project Agreement Approved on August 28, 2024
15 financial interest in the outcome of this Agreement, or any ensuing TAMC construction project, which will follow.
(b) MCHD and EA hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement.
(c) Any subcontract in excess of $25,000 entered into as a result of this Agreement, shall contain all of the provisions of this Article.

27. Governing Laws. This Agreement shall be construed and enforced according to the laws of the State of California, and the parties hereby agree that the County of Monterey shall be the proper venue for any dispute arising hereunder.

28. Construction of Agreement. The parties agree that each party has fully participated in the review and revision of this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any exhibit or amendment. To that end, it is understood and agreed that this Agreement has been arrived at through negotiation, and that neither party is to be deemed the party which prepared this Agreement within the meaning of Civil Code Section 1654. Section and paragraph headings appearing herein are for convenience only and shall not be sued to interpret the terms of this Agreement.

29. Waiver. Any waiver of any term or condition hereof must be in writing. No such waiver shall be construed as a waiver of any other term or condition herein.

30. Successors and Assigns. This Agreement and all rights, privileges, duties and obligations hereunder, to the extent assignable or delegable, shall be binding upon and inure to the benefit of the parties and their respective successors, permitted assigns and heirs.

31. Time is of the Essence. The parties mutually acknowledge and agree that time is of the essence with respect to every provision hereof in which time is an element. No extension of time for performance of any obligation or act shall be deemed an extension of time for performance of any other obligation or act, nor shall any such extension create a precedent for any further or future extension.

32. Contract Administrators. MCHD’s and EA’s designated principal responsible for administering MCHD’s and EA’s work under this Agreement shall be Christabelle Oropeza, Program Manager and Leann Leon, Program Manager; TAMC’s designated Contract Administrator of this Agreement shall be Todd A. Muck, Executive Director. TAMC’s Project Manager under this Agreement shall be Ariana Green, Principal Transportation Planner.

City of King – ATP C6 San Antonio Path & SRTS Project Agreement Approved on August 28, 2024
16 33. Notices. Notices required under this Agreement shall be delivered personally or by electronic facsimile, or by first class or certified mail with postage prepaid. Notice shall be deemed effective upon personal delivery or facsimile transmission, or on the third day after deposit with the U.S. Postal Service. MCHD shall give TAMC prompt notice of any change of address. Unless otherwise changed according to these notice provisions, notices shall be addressed as follows:

To TAMC: Todd Muck To MCHD: Elsa Jimenez
Executive Director Director of Health
55-B Plaza Circle 1270 Natividad Rd
Salinas, CA 93901 Salinas, CA 93906
Tel: 831-775-0903 Tel: 831-755-4743
Fax: 831-775-0897 Fax: 831-796-8588
Email: [email protected] Email: [email protected] To EA : Jim Murphy To CITY: Doreen Liberto
Executive Director Community Dev. Director
877 Cedar St Unit 240 212 S. Vanderhurst Ave
Santa Cruz, CA 95060 King City, CA 93930
Tel: (831) 426-5925 Tel: (831) 385-3281
Fax: N/A Fax: N/A
Email: [email protected] Email: [email protected]

34. Non-exclusive Agreement. This Agreement is non-exclusive and both parties reserve the right to contract with other entities for the same or similar services.

35. Execution of Agreement. Any individual executing this Agreement on behalf of an entity represents and warrants that he or she has the requisite authority to enter into this Agreement on behalf of such entity and to bind the entity to the terms and conditions hereof. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.

36. Debarment and Suspension Certification.
(a) MCHD’s and EA’s signature affixed below shall constitute a certification under penalty of perjury under the laws of the State of California that the MCHD and EA has complied with Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (non-procurement),” which certifies that MCHD and EA or any person associated with MCHD and EA in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by an federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter City of King – ATP C6 San Antonio Path & SRTS Project Agreement Approved on August 28, 2024
17 involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to the TAMC.
(b) Exceptions will not necessarily result in denial of recommendation for award but will be considered in determining MCHD and EA responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. (c) Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration.

37. Rebates, Kickbacks or Other Unlawful Consideration Prohibited. MCHD and EA warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any TAMC employee. TAMC shall have the right, in its sole and absolute discretion to do any of the following for breach or violation of this warranty: to terminate the Agreement without liability; to pay for the value of the work actually performed; or to deduct from the compensation to be paid under this Agreement (or otherwise recover) the full amount of any such rebate, kickback or unlawful consideration.

38. Prohibition of Expending Local Agency, State or Federal Funds for Lobbying. (a) MCHD and EA certifies to the best of his, her or its knowledge and belief that:
i. No State, Federal or local agency appropriated funds have been paid, or will be paid, by or on behalf of MCHD or EA to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a member of the State Legislature or United States Congress; an officer or employee of the State Legislature or United States Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any State or Federal contract; in connection with the making of any State or Federal grant; in connection with the making of any State or Federal loan; in connection with the entering into of any cooperative agreement, and in connection with the extension, continuation, renewal, amendment, or modification of any State or Federal contract, grant, loan or cooperative agreement.
ii. If any funds other than Federal appropriated funds have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress; or an employee of a Member of Congress, in connection with this contract, grant, loan or cooperative agreement, then MCHD or EA shall complete and submit a Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (b) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a City of King – ATP C6 San Antonio Path & SRTS Project Agreement Approved on August 28, 2024
18 prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. MCHD and EA acknowledges that any person who fails to file the required certification shall be subject to a civil penalty of not less than Ten Thousand Dollars ($10,000) and not more than One Hundred Thousand Dollars ($100,000) for such failure.
(c) By signing this Agreement, MCHD and EA also agrees that MCHD and EA will require that the language of this certification will be included in all lower-tier subcontracts which exceed One Hundred Thousand Dollars ($100,000), and that all recipients of such subcontracts shall certify and disclose accordingly.

39. Exhibits. The following Exhibits are attached hereto and incorporated by reference:

Exhibit A – Scope of Work and Schedule
Exhibit B – Budget
Exhibit C – Invoice Cover Sheet Format

40. Entire Agreement. This document, including all exhibits hereto, and the Agreement entered into with MCHD and EA and Community-Based Organization constitutes the entire agreement between the parties, and supersedes any and all prior written or oral negotiations and representations between the parties concerning all matters relating to the subject of this Agreement.

City of King – ATP C6 San Antonio Path & SRTS Project Agreement Approved on August 28, 2024
19 IN WITNESS WHEREOF, TAMC and MCHD execute this Agreement as follows:

TAMC CITY
By: ____________________________ By: ____________________________ Todd Muck Doreen Liberto
Executive Director Community Development Director
Dated: ____________________________ Dated: ____________________________ APPROVED AS TO FORM:

By: ____________________________ By: ______________________________ TAMC Counsel Chief Deputy County Counsel
Dated: ________________________ Dated: ____________________________ APPROVED AS TO FISCAL PROVISIONS:

By: ____________________________
Deputy Auditor/Controller
Dated: ____________________________
For TAMC internal use:

Work Element number to be used for the contract:_____7106__________________________ City of King – ATP C6 San Antonio Path & SRTS Project Agreement Approved on August 28, 2024
20 EXHIBIT A: SCOPE OF WORK & SCHEDULE
Project Information
Grant Category Active Transportation Program
Grant Fiscal Year 2023-24
Project Title San Antonio Path & Safe Routes to School Project Organization
(legal name)
Transportation Agency for Monterey County, City of King, Monterey County Health Department, and Ecology Action
Introduction
The San Antonio Path & Safe Routes to School Project is a partnership between the City of King, Transportation Agency for Monterey County, Monterey County Health Department, King City Union Elementary School District and South Monterey County High School District. The purpose of this project is to create safer routes to schools in King City through the construction of a separated path along San Antonio Drive and complete streets design along Broadway Street in front of King City High School and to provide bicycle and pedestrian safety education and encouragement programs to schools and the greater community. All communications and project materials will be in English and in Spanish.

Tasks: Task numbering refers to the “grant 25-R form.

Task PC: Project Management & Coordination
Monterey County Health Department staff (Injury prevention = IP and Planning, Evaluation, and Policy = PEP) will maintain communication with Transportation Agency staff and Every Child:

Community-Supported Safe Routes to School grant partners on an on-going basis throughout all phases of the project. MCHD will be expected to attend and participate in monthly partner meetings organized and facilitated by TAMC. This task also includes ongoing tracking of the Health Department scope, schedule and budget; ongoing coordination with consultant team members; and preparing invoices and progress reports summarizing work performed and tasks completed.

Deliverables:
• Ongoing communication with Transportation Agency staff • Monthly Every Child: Community-Supported SRTS Partner Coordination Meetings (~34 meetings)
• Detailed project schedule
City of King – ATP C6 San Antonio Path & SRTS Project Agreement Approved on August 28, 2024
21 Task A: Project management & Coordination
Project kick-off meeting with partner agencies and subsequent monthly partner coordination meetings.

Deliverables:
• Meeting notes
• Log of meeting and notes
Task B: Safe Routes to School Kick-Off Events
MCHD IP will hold joint kick-off meetings with 2 elementary school principals and partners and identify at least one staff person at the school site to act as SRTS contact. MCHD IP will attend parent meetings to promote project and interest. MCHD IP will select kick off activities and dates with school input. MCHD IP will conduct minimum of 1 SRTS training on SRTS program to school liaisons. MCHD staff will coordinate scheduling directly with school sites and community support groups and keep Transportation Agency staff informed of meetings and communications. TAMC will secure agreements with school superintendents.

Deliverables:
• Contact list and meeting schedule at participating school sites • Schedule of kick off activities
• Contact list for school staff contacts
• Schedule of school liaison training
Task C: SRTS Outreach and Education at Schools
MCHD IP will work with TAMC and Consultant to create an environment conducive to behavior change by offering families opportunities through several programs that encourage safe walking/biking/scootering part or all the way to school. Presentations to be completed once per year for four years. Location of presentations to be determined through community and/or school engagement. MCHD IP will provide staffing support for walking school bus. MCHD IP will table at Family Fun Festivals. MCHD will order required supplies.

Deliverables:
• Copy of invoices/receipts.

Task C.1: Educational In-Class Pedestrian Safety Presentations (3rd & 4th Graders) MCHD IP will conduct bilingual in-class presentations to all 3rd and 4th grade classes at the 1 elementary school once a year for four years to educate youth on: the benefits of active transportation, rules of the road, to “stop, look and listen”, choosing safe routes, being visible, being alert, how to navigate intersections, sidewalk safety, and other traffic safety topics. As part of this task, the MCHD will conduct a survey of students to gauge student knowledge prior and post-training, and to assist with the overall program effectiveness evaluation. (7 presentations per year for four years 28 presentations total).

Deliverables:
• Presentation materials
• Schedule of presentations
• Pre-Education Survey
• Report on Pre- and Post-Education Survey Results
Task C.3: Develop Balance Bike Pilot Program
City of King – ATP C6 San Antonio Path & SRTS Project Agreement Approved on August 28, 2024
22 MCHD IP will develop balance bike program, identify locations/delivery method, order required equipment and promotional flyers, information packets. MCHD IP will conduct 5 sessions per kindergarten class of balance bike education (25 sessions/school at two schools is 50 sessions per year for 3 years).

Deliverables:
• List of locations
• Copy of locations and information packets
• Copy of session schedule
Task C.8: Kindergarten and Family Bike Rides
MCHD IP will conduct two kindergarten and family bike ride events (1/year for 4 years).

Deliverables:
• Schedule of bike ride events
• Copy of promotional flyers
• Copy of sign in sheet
Task E: SRTS Engagement and Education in the Community
MCHD IP to encourage participation in safe routes to school activities, physical activity and to engage the community, work with parents and families in their own living environment. Hold presentations, events and share resources at designated low income housing sites such as CHISPA housing.

Deliverables:
• List of locations
• Schedule of presentations
• Schedule of events
Task E.3: Informational Presentations on SRTS
MCHD IP will develop and identify locations for presentations on SRTS, nutrition and physical activity for all ages. (Four presentations/year for four years 16 presentations total).

Deliverables:
• List of locations
• Copy of presentation schedule
Task E.4: Walking or biking activity in community
MCHD IP will develop and promote at least 1 walking or biking activity each year for four years, may be completed virtually as needed. (1 activity per year for four years 4 events total).

Deliverables:
• Copy of flyer and materials
• Schedule of activity
• Location of community activity
Task F: Walking Presentations to Seniors
MCHD IP will prepare bilingual presentation materials and a list of learning objectives for the presentations. Each year MCHD IP will conduct four pedestrian bilingual in-person presentations to seniors in Salinas. These presentations are aimed at increasing physical activity and safety of seniors as they walk to other destinations and to support their engagement in active City of King – ATP C6 San Antonio Path & SRTS Project Agreement Approved on August 28, 2024
23 transportation. This includes educational presentations, demonstrations, and discussions.

Presentation material to include pedestrian safety, fall prevention when using wheelchairs and walkers (including preventative maintenance of this equipment) and nutrition. Some of these deliverables may be completed virtually if needed due to pandemic response efforts. As part of this task, MCHD IP will conduct a survey of seniors to gauge knowledge prior to and after the training, and to assist with the overall program effectiveness evaluation. (Four presentations per year for four years 16 total presentations)
Deliverables:
• Presentation materials
• List of learning objectives
• Pre- and Post-Education Survey
• Report on Pre- and Post-Education Survey Results
Task G: Health in all Policies Civic Engagement
MCHD PEP aims to create local champions for active transportation. To achieve this, MCHD PEP will facilitate two (2) meetings with community partners and residents to discuss the introduction of enLACE, PEP's civic engagement academy, with a focus on active transportation. In addition, two (2) more meetings will be held with school and community organization representatives to establish partnerships and create a list of potential participants. To generate interest and awareness for enLACE, one (1) community event will be organized. The academy itself will consist of eight (8) sessions, and MCHD PEP will hold an additional Health Equity training for key stakeholders to help them better understand how to support community advocates for active transportation needs. After the academy, MCHD PEP will organize a group of five to ten enLACE volunteers to help coordinate a Regional Community Health and Wellness convening, which will include, but not limited to, topics such as civic engagement and active transportation. Lastly, the team will co-facilitate 18 Safe Routes to School Steering Committee meetings with TAMC staff.

Deliverables:
• Community Engagement/Outreach
• Copies of meeting agendas, sign in sheets
• Schedule of meeting, events
• Photos
Task H: Community Open Streets Event
MCHD PEP will work with leading community advocacy organization to develop a first ever community Ciclovia, an open street active transportation event requiring considerable community involvement in the planning. The local model uses youth advocacy groups to lead and plan and implement the event, teaching youth valuable life skills. The health department partners with the community-based organizations to engage with the city and act as a trusted agency liaison for event implementation.

Deliverables:
• Flyers, agendas
• Final route and set date, time of event
• Attendee count, media coverage
Task I: Safety Campaign for Motorists
An educational safety campaign will be launched in collaboration with local businesses to reach and educate Salinas motorists, including truck drivers, on rules of the road to keep City of King – ATP C6 San Antonio Path & SRTS Project Agreement Approved on August 28, 2024
24 pedestrians, bicyclists, and motorists safe. The goal of the campaign is to reduce aggressive driver behavior in Salinas.

Deliverables:
• Campaign Objectives
• Schedule of meetings
• Copy of asset creations
• Copy of 12 month budget for media placement
• Copy of media schedule
Task J: Reporting
MCHD IP and PEP will provide quarterly reports complete with a summary of activities and pictures of events. The quarterly reports will be submitted electronically to TAMC with invoices.

Deliverables:
• Quarterly Reports
• Supporting documents and photos

ESTIMATED PROJECT SCHEDULE
The project will kick-off in September 2024 and is expected to last approximately 3 years to December 2027. The project schedule is subject to change and may be impacted by the construction portion of the project.

START END
September 2024 December 2027
City of King – ATP C6 San Antonio Path & SRTS Project Agreement Approved on August 28, 2024
25 EXHIBIT B: BUDGET
City of King – ATP C6 San Antonio Path & SRTS Project Agreement Approved on August 28, 2024
26 EXHIBIT C: Invoice Cover Page Format
[Project Title]
[Consultant Firm Name]
Invoice #
Invoice Date
Invoice Period
Task # Task Name Task
Budget
Previously
billed
Current
invoice
Remaining
Funds
% billed
to-date
% Task
Complete
Work performed
this period
1 2
3 4
TOTAL
Mr. Octavio Hurtado
Public Works Director
City of King City
212 S. Vanderhurst Avenue
King City, CA 93930
Dear Mr. Hurtado:

Your letter dated May 7, 2024 requested a fund allocation from the Active Transportation Program for the City of King City Safe Route to Schools and Community Programming - Citywide. This project is programmed in the Active Transportation Program (ATP), as amended.

The State hereby makes the following allocation on June 28, 2024, effective June 28, 2024.

At their June 28, 2024 meeting, the California Transportation Commission (CTC) allocated funding in the amount(s) shown below.

STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
July 17, 2024
05-MON-0-KNC
ATPSNIL-5194(009)
Adv Id: 0524000226
PPNO:05-3131B
Request No: 1
Allocation No. 2024-334 ATP FUND ALLOCATION
15 28
Senate District No.:

Assembly District
Amount
Programmed
Fiscal Year
Programmed
Amount Previously
Allocated
This
Request
Const $2,295,000 2024 $0 $2,295,000
Federal Funds
State Funds
$0
$2,295,000
Total
This allocation makes available $0 of federal funds* and $2,295,000 of State (or State-only) funds for a total of $2,295,000.
* A separate request for authorization to proceed (E-76) is required prior to the start of reimbursable work for projects receiving Federal funds.

The effective date of allocation serves as the authorization to proceed and establishes the date for the start of reimbursable work for State-only funded projects.
$2,295,000 $0 $2,295,000
CTC ATP Ltr.

Exhibit 2
Mr. Octavio Hurtado
July 17, 2024

Page 2 ends

ATPSNIL-5194(009)
For This Allocation:

Funds allocated for project E & P are available for expenditure until: Not Applicable.

Funds allocated for project PS & E are available for expenditure until: Not Applicable.

Funds allocated for project RW are available for expenditure until: Not Applicable.

Funds allocated for construction -- Agency has 6 month(s) after the date of allocation to award a contract.

After award of the contract, the Agency has up to 36 months to complete the construction or vehicle purchase contract.

The Commission may grant a one-time extension to each of the deadlines specified above if it finds that an unforeseen and extraordinary circumstance beyond the control of the responsible agency has occurred that justifies the extension. Please refer to the Local Assistance website at https://dot.ca.gov/programs/local-assistance for additional guidance.

The project's award information should be submitted to the District Local Assistance Engineer (DLAE) immediately after award of the construction contract. A copy of the project's award package also needs to be included with the submittal of the Administering Agency's first invoice to the Local Programs Accounting Branch. Please refer to Local Programs Procedures (LPP) LPP 01-06 for guidance regarding the contents of the project award package.

This allocation is not a commitment on the part of the State to make reimbursements until an Administering Agency - State Agreement (Master Agreement), if necessary, and a project specific program supplement are executed between the Agency and the State.

Your attention is directed to the Local Assistance Procedures Manual, LPPs and the current CTC guidelines for detailed instructions and information.

Sincerely,
for ROBERT NGUYEN , Chief
Office of Project Management Oversight - South
Division of Local Assistance
c: TAMC
Attachment: CTC Vote Box
bc: LPA
DLA AE Project Files
District 05 DLAE - Reinie Jones
CTC ATP Ltr.

CTC MEETING ACTION TAKEN REPORT / REVISED ESTIMATED TIMED AGENDA June 27-28, 2024 Office of CTC Liaison Page 44 of 63 As of: July 10, 2024 Division of Financial Programming
Note: This document was prepared by the Department, following the California Transportation Commission meeting, and is a reflection of the Department's interpretation of actions taken by the Commission Local Transportation Climate Adaptation Program (LTCAP) Allocation Tab Item Description Ref# Presenter Status Type* Agency* 137 Request of $1,770,000 for the locally-administered
LTCAP Roe Road Phase 2 project, off the State
Highway System, in Butte County. (PPNO 3890)
Resolution LTCAP-A-2324-05
June 28, 2024 – Day 2 – 03:28:04

2.5p.(1) Rebecca Light
Dee Lam
Approved. A D
Active Transportation Program (ATP) Allocations
Tab Item Description Ref# Presenter Status Type* Agency* 138 Request of $64,343,000 $39,343,000 for 42 41
locally-administered ATP projects, off the State
Highway System.

Resolution FATP-2324-35
(Related Items under Ref. 2.8a.(15) and 2.8a.(16))
 Project 5 – PPNO 2361 – Alameda County –
$25,000,000 – Withdrawn prior to the CTC meeting
(Change List – In the Book Item Memorandum –
revisions to the requested amount and the number of
projects)
June 28, 2024 – Day 2 – 03:28:04

2.5w.(1) Beverley NewmanBurckhard
Dee Lam
Approved. A D
139 Request of $447,000 for the State-Administered ATP
Gualala Downtown Streetscape Enhancement
Project, on the State Highway System, in Mendocino
County. (PPNO 4579)
Resolution FATP-2324-36
June 28, 2024 – Day 2 – 03:28:04

2.5w.(4) Beverley NewmanBurckhard
James R. Anderson
Approved. A D
ATP – Advance Allocations
Tab Item Description Ref# Presenter Status Type* Agency* 140 Request of $9,320,000 for six locally-administered
ATP projects, off the State Highway System,
programmed in Fiscal Year 2024-25.

Resolution FATP-2324-37
June 28, 2024 – Day 2 – 03:28:04

2.5w.(2) Beverley NewmanBurckhard
Dee Lam
Approved. A D
Amount by
Fund Type
CTC Financial Vote List June 27-28, 2024
Project #
Allocation Amount
Recipient

RTPA/CTC
District-County
Project Title
Location
Project Description
PPNO
Program/Year
Phase
Prgm'd Amount
Project ID
Budget Year
Item #
Fund Type
Program Code

2.5 Highway Financial Matters

2.5w.(1) Resolution FATP-2324-35 Locally-Administered Active Transportation Program Projects Off the State Highway System
$2,295,000
City of King City
TAMC
05-Monterey
San Antonio Drive Path & Safe Routes to Schools. Safe
routes to school and community programming to provide traffic safety educate and encourage community members of all
ages.

Small Urban and Rural
Outcome/Outputs: Conduct 1 SRTS kick-off event, 28
Pedestrian Safety Presentations to 3rd and 4th graders at two schools, 4 Bike and Walk to School events, 50 Balance Bike Education events for kindergartners, 4 Kindergartner and Family Bike Ride events, 36 Pedestrian Safety Presentations for 2nd graders, and approximately 139 other events
throughout the community.

CEQA - CE, 05/10/2024
PPNO 3131B is the Non-Infrastructure component to
PPNO 3131A.
05-3131B
ATP/23-24
CONST
$2,295,000
0524000226
2022-23
108-3290 RMRA $2,295,000

20.30.720.100
9 $150,000
City of Santa Maria
SBCAG
05-Santa Barbara
Active Santa Maria Safe Routes to School Corridor
Improvements. In Santa Maria on Fesler Street from Blosser Road to Bradley Road, on Bradley Road from Fesler Street to Stowell Road, and on Jones Street from College Avenue to Suey Road. This project will construct active transportation improvements on three corridors serving five Santa Maria schools and Allan Hancock College.

Statewide
Outcome/Outputs: Construct 6,525 feet of Class II bike lanes, 13,265 feet of Class III bike routes, 1,850 feet of Class IV bikeway, 32 Rectangular Rapid Flashing Beacons, 150 feet of new sidewalk, 200 feet of widened sidewalk, 775 feet of reconstructed sidewalk, 12 new curb ramps, 71 reconstructed ramps, 91 new crosswalks, 8 enhanced crosswalks, 1
shortened crossing, 4,650 feet of Class I trails, and 2,800 feet of removed travel lane.
05-3117
ATP/23-24
PA&ED
$150,000
0523000088
2023-24
108-3290 RMRA $150,000

20.30.720.100
10 Item No. 9 (H)

REPORT TO THE CITY COUNCIL
DATE: NOVEMBER 26, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF CITY EMPLOYEE COMPUTER

REPLACEMENT
RECOMMENDATION:

It is recommended the City Council approve and authorize the City Manager to execute a purchase order for the replacement of 22 employee workstation and laptop computers and related equipment for the purchase price of $60,667.90; and 2) adopt a Resolution authorizing a 5-year loan from the Sewer Fund to the General Fund to finance the purchase costs.

BACKGROUND:

The majority of the City’s computer workstations are now exceeding 5 years old.

The City’s IT contractor recommends all the computers purchased 5 years ago be replaced at this time. They are no longer able to install security updates, and they are projecting that many of these computers will soon begin to fail.

DISCUSSION:

During the last purchase, the City established a practice of replacing computers through a lease-purchase agreement. This helps establish a consistent annual cost to budget for each year rather than experiencing a large one-time expenditure every 5-year period.

However, interest rates have risen significantly. The financing proposal received included an interest rate of over 11%. As a result, it is instead recommended to establish an internal loan from the Wastewater Fund to the General Fund. It is proposed that the interest rate be set at 4.518%, which is the current rate the City receives on its investments through the Local Agency Investment Fund (LAIF).

RESOLUTION NO. 2024-5017

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING AUTHORIZING A

LOAN FROM THE WASTEWATER FUND TO THE GENERAL FUND
WHEREAS, the City of King employee computer workstations and laptop computers have reached the end of their useful life; and
WHEREAS, the City of King Sewer Fund has a current positive fund balance with funds accumulated for necessary infrastructure improvements and maintenance that will not be allocated until certain projects are programmed that the funds are intended to pay for; and WHEREAS, full funding for these projects is not projected to be achieved for a period of five (5) years; and
WHEREAS, the City maintains an ongoing practice of funding computer replacements on an annual basis to maintain consistent budget expenditures; and WHEREAS, funding is needed in the General Fund at this time due to a number of large unanticipated expenditures during the current fiscal year; and WHEREAS, financing the computer replacement costs will help maintain the City’s financial reserve policy; and
WHEREAS, the primary investment alternative for City funds is the State of California Local Agency Investment Fund (LAIF); and
WHEREAS, the current average interest rate paid by LAIF is 4.518%, which represents the lost opportunity for revenue from the investment of accumulated funds in the Wastewater Fund; and
WHEREAS, revenues derived from fees charged for sewer services are required to be utilized for expenses related to operation of the City's wastewater system; and WHEREAS, the City intends to fully repay the debt to the Wastewater Fund within five (5) years.

NOW, THEREFORE, BE !T HEREBY RESOLVED that the City Council of the City of King hereby authorizes a loan of up to sixty thousand, six hundred and sixty-seven dollars and ninety cents ($60,667.90) from the City of King Wastewater Fund to the City of King General Fund for a period not to exceed five (5) years at an interest rate of 4.518% to be charged annually and said loan shall be fully repaid prior to when said funds are needed to construct capital improvements and other expenses related to the operation of the City of King wastewater system, but no later than five years.

This resolution was passed and adopted this 26th day of November, 2024 by the following vote:

AYES, Council Members:

NAYS, Council Members:

ABSENT, Council Members:

ABSTAIN, Council Members:

APPROVED:
_____________________________
Mike LeBarre, Mayor
ATTEST:
__________________________________
Erica Sonne, City Clerk
APPROVED AS TO FORM:
___________________________________
Roy C. Santos, City Attorney
Alvarez
Technology Group
Exhibit1

Item No. 9 (I)

REPORT TO THE CITY COUNCIL
DATE: NOVEMBER 26, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF REALLOCATION OF AMERICAN

RESCUE PLAN ACT (ARPA) REVENUES
RECOMMENDATION:

It is recommended the City Council: 1) increase the allocation of American Rescue Plan Act (ARPA) funds to the Visitor and History Center project by $100,000 and decrease the General Fund allocation by $100,000; and 2) decrease the allocation of ARPA funds for the Downtown Restaurant Outdoor Dining Area Grant program by $100,000 and allocate $100,000 from the General Fund for the program.

BACKGROUND:

At the September 24th meeting, the City Council appropriated $100,000 from interest revenue from the ARPA funds for costs associated with completing the Downtown Restaurant Outdoor Dining Area Grant program. Currently, the City has a remaining balance of about $115,000 in ARPA funds and two outdoor dining projects in process that equal about $115,000. However, one project is not projected to be completed by the deadline to expend all the ARPA funds, which is December 31, 2025.

DISCUSSION:

Delays in the Sinaloense project have occurred due to the unavailability of a contractor to perform the work. This was a high priority project because it had been identified as a recommendation in the original streetscape plan. Therefore, it is recommended to transfer ARPA funds with General Fund budgeted funds between the Visitor and History Center and the Downtown Restaurant Outdoor Dining Area Grant program. This will provide more time to complete the outdoor dining area program.

Item No. 11 (A)

REPORT TO THE CITY COUNCIL
DATE: NOVEMBER 26, 2024
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF KING CITY COMMUNITY POWER 2025

RATES AND ALLOCATION OF HEADROOM REVENUES
RECOMMENDATION:

It is recommended the City Council adopt a Resolution approving: 1) the setting of all 2025 King City Community Power (KCCP) rates equal to applicable PG&E energy rates; 2) the allocation of approximately $230,000 of KCCP earned headroom funding for customer rebates, including a rebate to the Monarch Inn equal to the standard CARE discount.; and 3) the transfer of $170,000 in earned headroom funding from KCCP to the City, to fund the electric charging station lot project and other budgetary needs of the community.

BACKGROUND:

The City launched its KCCP Community Choice Aggregation (CCA) program on July 2, 2018. The City entered into an agreement with Pilot Power Group (“Pilot”) on December 12, 2017 to operate KCCP. At the February 28, 2023 meeting, the City Council approved renewal of the original agreement for an additional 7-year period (Agreement).

The Agreement includes provisions that commit KCCP to maintaining an ongoing minimum reserve of $400,000 (Reserve). In 2022, KCCP was in a concerning financial position due to a number of circumstances, all of which were fully vetted by the City Council. Since that time, tremendous progress has been made and KCCP finances have stabilized and the Reserve has remained fully funded since it was rebuilt in the 2022/23 Fiscal Year.

In 2024, qualifying residential customers received gift card rebates approximately equal to a 9% discount off of applicable PG&E energy rates, while commercial customers received a 1% bill discount. The 9% effective discount placed KCCP at the very top of all of the California CCA’s discounts for

CITY COUNCIL
CONSIDERATION OF KING CITY COMMUNITY POWER 2025 RATES AND

ALLOCATION OF HEADROOM REVENUES
NOVEMBER 26, 2024
PAGE 2 OF 5
residential customers. The total 2024 KCCP benefit to the community was almost $200,000, bringing the KCCP’s cumulative customer and community benefits to almost $2,000,000.

DISCUSSION:

In addition to the provision to maintain a Reserve, KCCP is also committed to spending only earned, rather than forecasted surplus revenues, known as “Headroom.” The combination of these two policies, along with prudent energy procurement practices and professional operations, maximizes KCCP’s probability of sustained fiscal solvency, continuation of localized community benefits, and the status as California’s smallest CCA.

Exhibit 1’s “King City Community Power Rate Schedule,” sets KCCP monthly rates equal to PG&E’s energy rates. This approach, while previously adopted in 2022 for fiscal restoration, provides the best support for the Reserve and earned Headroom policies. By following PG&E’s rates, the need to tap into the Reserve is greatly minimized, thus preserving the Reserve for catastrophic events. Setting KCCP rates equal to PG&E rates also results in the most accurate annual Headroom accounting because energy savings to customers, both residential and commercial, are distributed in the form of a rebate from earned income that can be distributed without regard to the ultimate accuracy of the forecasted budget.

Based on the popularity of 2024’s prepaid VISA residential rebate program, repeat of that program for 2025 is recommended. Allocation of $90,000 towards the 2025 program is approximately equal to an effective 6% discount for residential customers, once again placing KCCP at the very top of the California CCA list for residential discounts.

To implement a similar program for commercial customers, rebate checks are recommended. Allocation of $140,000 for the commercial rebate checks results in an approximate 3% effective discount for most commercial customers. This will also result in net rates charged to commercial customers to be the second lowest of CCA’s in California. You may recall that staff was concerned last year when it was determined that some of the KCCP rates were well above the rates charged by Central Coast Energy. However, this was found to only be for a small percentage of commercial customers due to a special rate provided to one customer rate class. Staff’s recommendations will result in lower customer rates than many of Central Coast Energy’s commercial customers, and all of their residential customers.

CITY COUNCIL
CONSIDERATION OF KING CITY COMMUNITY POWER 2025 RATES AND

ALLOCATION OF HEADROOM REVENUES
NOVEMBER 26, 2024
PAGE 3 OF 5
Staff also recommends approval of a one-time additional discount for the Monarch Inn due to its current operation as a homeless shelter. When the lease was extended, staff committed to pursuing rate discounts for the owner as one of the terms of the extension. It has been determined that they do not qualify for the PG&E CARE discount because the account is paid by the owner and not a non-profit agency. Since the City operates KCCP, the Council has authority over rate structure and guidelines. Therefore, staff recommends the Council approve a 20% discount equal to the CARE discounts since it meets all of the other criteria of the CARE program. Once the program transitions to the Days Inn site, they will be eligible for the full CARE discount because the account will be with Step Up or the Housing Authority. The total rebate to this customer should be approximately $1,800.

The rebates enable the City to more effectively manage the fiscal health of KCCP because only actual funds are reimbursed rather than projecting rate discounts in the future. In addition, they provide a more tangible form of rate discounts. That is, a $5 per month lower electric bill is not as noticeable as an annual $60 rebate.

To further support this outreach, Pilot will contact PG&E and possibly the California Public Utilities Commission (CPUC) to seek permission to reflect the rebates on the rate comparison publications. If this effort is unsuccessful, the impact of the rebates on effective rate discounts can be captured in other customer facing ways, such as including messaging in the rebate letters.

The processing of rebates would begin in early 2025 with an anticipated disbursement by late spring 2025. The remaining $170,000 of Headroom is recommended to be immediately transferred to the City for use in funding the electric charging station lot project and other budgetary needs of the community.

Staff recommends the following at this time:
• To maintain fiscal discipline and soundness, set both residential and commercial rates equal to PG&E energy rates;
• Allocate approximately $90,000 of Headroom for the funding of rebate gift cards to qualifying residential customers, in a manner similar or the same as the May 2024 gift card program. The impact of the gift card rebates is approximately equal to a 6% effective rate discount off of PG&E energy rates for most customers.
• Allocate approximately $140,000 of Headroom for the funding of rebate checks to qualifying commercial customers. The impact of the rebate checks is approximately equal to a 3% effective rate discount off of PG&E energy rates for most customers.

RESOLUTION NO. 2024-5016

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING

APPROVING ADJUSTMENTS TO THE KING CITY COMMUNITY POWER
RATE SCHEDULE AND HEADROOM ALLOCATION FOR CALENDAR YEAR 2025 WHEREAS, the City of King established the King City Community Power (KCCP) Community Choice Aggregation program to provide more cost-effective energy and related services offered to the community; and
WHEREAS, KCCP was launched on July 2, 2018; and
WHEREAS, the City Council has authority over setting all rates charged by KCCP and expenditures; and
WHEREAS, a 2025 calendar year rate and allocation of headroom analysis has been prepared by the City’s contract management firm administering KCCP; and WHEREAS, a recommended KCCP rate structure and allocation of headroom analysis for calendar year 2025 has been submitted that is designed to fund all necessary power purchases for KCCP customers, fund operations and services, maintain fiscal solvency, maintain prudent reserves, and provide rate rebates and other community benefits.

NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of King hereby approves a new Rate Schedule for KCCP attached and included herein as Exhibit 1, which will result in power generation rates that are equal to PG&E effective on January 1, 2025; and
BE IT FURTHER RESOLVED that the City Council of the City of King hereby approves the allocation of headroom of $230,000 towards customer rebates and $170,000 to fund the electric charging station lot project and other budgetary needs of the community.

This resolution was passed and adopted this 26
th day of November 26, 2024 by the following
vote:

AYES, Council Members:

NAYS, Council Members:

ABSENT, Council Members:

ABSTAIN, Council Members:

APPROVED:
______________________________
Mike LeBarre, Mayor
CC Resolution No.

Page 2 of 2 ends

ATTEST:
__________________________________
Erica Sonne, City Clerk
APPROVED AS TO FORM:
___________________________________
Roy Santos, City Attorney
EXHIBIT 1

KING CITY COMMUNITY POWER

RATE SCHEDULE
EFFECTIVE: January 1, 2025, until replaced or repealed
APPLICABILITY: All customer rate classes served by King City Community Power RATES:

All residential customer rate classes shall be identical to the customer’s otherwise applicable Pacific Gas and Electric Company rate schedule, and shall be charged a King City Community Power generation rate equal to the generation rate charged by Pacific Gas and Electric Company for the customer’s otherwise applicable rate schedule. On a monthly basis, King City Community Power shall update generation charges across all customer rate classes to equal any changes reflected in Pacific Gas and Electric Company’s otherwise applicable generation rates.

All commercial customer rate classes shall be identical to the customer’s otherwise applicable Pacific Gas and Electric Company rate schedule, and shall be charged a King City Community Power generation rate equal to the generation rate charged by Pacific Gas and Electric Company for the customer’s otherwise applicable rate schedule. On a monthly basis, King City Community Power shall update generation charges across all customer rate classes to equal any changes reflected in Pacific Gas and Electric Company’s otherwise applicable generation rates.

EXHIBIT 2

KING CITY COMMUNITY POWER
2025 CALENDAR YEAR BUDGET
(in thousands) 2025
Beginning Cash $413
Revenue
Sales $5,154
Bad Debt ($26)
Net Revenue $5,128
Cost of Goods
Energy Cost1 $3,007
Renewable Portfolio Standards and Resource Adequacy2 $1,093 Ancillary Service Charges $15
Total COGS $4,115
Gross Profit $1,013
Operating Expenses
Consulting Service Charges3 $243
LC Charges $103
Fees and Programs4 $445
Misc expenses $34
Total Operating Expenses $825
Net Income $188
Ending Cash $601
Notes:

1. KCCP is currently hedged until end of Dec 2028, which is reflected based on the energy trade contracts.

2. RPS compliance period starts in Jan 2025 and will need to be procured to satisfy the power content label and regulatory requirements. Currently, the model reflects projected cost to procure and is subjected to market conditions until deals are finalized. RA procurement for 2025 is complete and the RA rates will remain flat for 2025.

4. “Subject to the terms and conditions of the effective “Community Choice Aggregation Full Service Agreement” between the City of King and Pilot Power Group.

5. City Projects ~$170k paid out in 2024, Mailed rebate checks for commercial customers $140K and Gift cards for residential customers ~$90K, King City Fees $30K

King City City CouncilNovember 26, 2024

King City City Council
November 26, 2024