AGENDA
REGULAR MEETING OF THE
CITY OF KING CITY COUNCIL
AND
Sitting as SUCCESSOR AGENCY OF
THE FORMER CDA FOR THE CITY OF KING
AND
Sitting as PUBLIC FINANCING AUTHORITY
FOR THE CITY OF KING
TUESDAY OCTOBER 28, 2025
6:00 P.M.
CITY HALL
212 S. VANDERHURST AVENUE
KING CITY, CALIFORNIA 93930
The City Council meeting will be conducted in hybrid in-person/virtual format.
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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:
Council Members Oscar Avalos, Robert Cullen, Carlos Victoria, Mayor Pro Tem Carlos DeLeon, and Mayor Mike LeBarre
FLAG SALUTE
CLOSED SESSION ANNOUNCEMENTS
SPECIAL PRESENTATIONS
PUBLIC COMMENT
Any member of the public may address the Council for a period not to exceed three minutes’ total on any item of interest within the jurisdiction of this Council that is not on the agenda. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda. Comments should be directed to the Council as a whole and not to any individual Council Member.
Slanderous, profane or personal remarks against any Council Member, staff member
1. 2.
3. 4.
5. 6.
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 October 14 2025 Council Meeting Recommendation: approve and file.
9(A) 10-14-2025 MINUTES_.PDF
Consideration: City Of King Check Register October 1, Through October 15, 2025 Recommendation: receive and file
9(B) OCTOBER 1-15, 2025 CHECK REGISTER.PDF
Consideration: An Ordinance Amending Chapter 5.34 Of The King City Municipal Code Pertaining To Itinerant Vendors
Recommendation: waive the second reading by title only and adopt an Ordinance amending provisions of Chapter 5.34 of Title 5 of the King City Municipal Code pertaining to itinerant vendors.
9(C) ITINERANT VENDOR ORDINANCE.PDF
Consideration: Meeting Minutes Of October 14, 2025 Special Meeting Recommendation: approve and file.
7. 8.
9. A.
Documents:
B.
Documents:
C.
Documents:
D.
Documents:
Consideration: Meeting Minutes Of October 14, 2025 Special Meeting Recommendation: approve and file.
9(D) 10-14-2025 SPECIAL MEETING MINUTES_.PDF
Consideration: Memorandum Of Understanding With The King City Police Sergeants Association
Recommendation: ratify the Memorandum of Understanding between the City of King and the King City Police Sergeants’ Association (KCPSA) for the period of July 1, 2025 through June 30, 2027.
9(E) KCPSA MOU.PDF
Consideration: A Letter Acknowledging And Supporting CHISPA Applying For Disaster Recovery Funding
Recommendation: authorize the Community Development Director to sign the attached letter acknowledging and supporting Chispa’s application for Disaster Recovery Funding.
9(F) LETTER OF SUPPORT.PDF
PUBLIC HEARINGS
Consideration: Introduction Of An Ordinance Amending Chapter 15:44 Of The King City Municipal Code Pertaining To Sewer-Collection Of Fees And Charges Recommendation: It is recommended the City Council introduce to be read by title only an Ordinance amending provisions of Chapter 15.44 of Title 15 of the King City Municipal Code pertaining to sewer-collection of fees and charges, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.
10(A) SEWER COLLECTION FEE LATE PENALTIES.PDF
REGULAR BUSINESS
Consideration: Airport Capital Improvement Plan (ACIP) For Fiscal Year 2027-2031 Recommendation: approve Resolution No. 2025-5063 to approve the Airport Capital Improvement (ACIP) for 2027-2031 for Mesa Del Rey Airport and authorize submittal of the ACIP to the Federal Aviation Administration and California Department of Transportation.
11(A) AIRPORT CAPITOL IMPROVMENT PLAN (ACIP).PDF
Consideration: First Tee Monterey County Operational Agreement D.
Documents:
E.
Documents:
F.
Documents:
10. A.
Documents:
11. A.
Documents:
B.
11(A) AIRPORT CAPITOL IMPROVMENT PLAN (ACIP).PDF
Consideration: First Tee Monterey County Operational Agreement Recommendation: 1) approve and authorize the City Manager to execute an amendment to the contract services agreement with Future Citizens Foundation DBA (First Tee Monterey County “First Tee”) for operation and management of the King City Golf Course; 2) approve and authorize the City Manager to execute a new Golf Course Operator Agreement with First Tee effective January 1, 2026; and 3) authorize the City Manager to make non-substantive changes to the agreement as necessary in a form approved by the City Attorney.
11(B) FIRST TEE AGREEMENT.PDF
CITY COUNCIL CLOSED SESSION
Announcement(s) of any reportable action(s) taken in Closed Session will be made in open session and repeated at the beginning of the next Regular City Council meeting as this portion of the meeting is not recorded.
Public Employee Appointment Pursuant To Government Code Section §54957 Title: City Manager
Conference With Legal Counsel – Anticipated Litigation Significant Exposure To Litigation Pursuant To Government Code Section §54956.9(D): One (1) Case.
ADJOURNMENT
The City of King is an equal opportunity provider and employer.
Documents:
B.
Documents:
12. A.
B.
13.
City Council Meeting
October 14, 2025
1.__CALL TO ORDER:
Regular Meeting called to order at 6:00pm by Mayor LeBarre.
2.__ROLL CALL:
City Council: Mayor Mike LeBarre, Mayor Pro Tem Carlos DeLeon, Council member Rob Cullen, Council member Carlos Victoria, Council members Oscar Avalos.
City Staff: City Manager Steven Adams, City Attorney Roy Santos; City Clerk Erica Sonne
3.__FLAG SALUTE:
The flag salute was led by Mayor LeBarre.
4. CLOSED SESSION ANNOUNCEMENTS:
No reportable action.
5.__SPECIAL PRESENTATIONS:
None
6. PUBLIC COMMUNICATIONS:
None
7. COUNCIL COMMUNICATIONS:
Councilmember Avalos stated he had nothing to report tonight.
Mayor Pro Tem DeLeon stated he would be attending Ciclovia this weekend and making opening remarks.
Councilmember Victoria stated unification meeting for the school districts is happening tonight. He thanked the Mayor and City Manager for meeting with the Mexican consulate.
Councilmember Cullen stated he read the reports on the unification and found it interesting. Solid waste Authority is tomorrow. Everyone is retiring now the Community Foundation Director is retiring.
Mayor LeBarre thanked Mayor Pro Tem DeLeon for opening the Ciclovia event in his absence this weekend. He plans on attending the unification meeting after this meeting tonight.
8. CITY STAFF REPORTS AND COMMENTS:
City Manager Adams stated Ciclovia is this weekend from noon to 4. 8 Food vendors and 35 participating agencies and entertainment. They had lots of sponsors this year. It will be being shared on social media all this week.
City Attorney Santos stated he is keeping up to date with all the legislation that the governor is signing and new changes coming on January 1st.
9(A)
9. CONSENT
A. Consideration: Meeting Minutes of September 23, 2025 Council Meeting B. Consideration: City of King Check Register September 16, through September 30, 2025 C. Consideration: Meeting Minutes of September 23, 2025 Special Council Meeting D. Consideration: Cancellation of Regular Meetings on November 11, 2025 and December 23, 2025 E. Consideration: Guidelines for Ciclovia Participants and Vendors F. Consideration: Memorandum of Understanding with the King City Police Officers Association G. Consideration: Award of Bid for the 2025 King City Sewer Replacement Project, Including Adopting Finding of a Categorical Exemption, Pursuant to Section 15301 of the CEQA Guidelines H. Consideration: Award of Bid for the 2025 King City Sediment Removal Project I. Consideration: City of King KCCP Payments for the Month of September 2025 J. Consideration: Temporary Closure of King City Golf Course Action: Motion to approve consent agenda items A-J by Victoria seconded by Avalos.
AYES: Council Members: LeBarre, DeLeon, Victoria, Cullen, Avalos NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
10. PUBLIC HEARINGS:
A. Consideration: Ordinance Amending Chapter 5.34 of the King City Municipal Code Pertaining to Itinerant Vendors
Mayor LeBarre read the ordinance title into the record.
City Manager Adams introduced this item.
Council member Victoria would like to provide information to vendors when they get asked to move along if they do not have the proper license for selling so they would know how to participate the correct way.
Mayor LeBarre opened the public hearing, seeing no one come forward Mayor LeBarre, closed the public hearing.
Action: Motion to It is recommended the City Council introduce to be read by title only an Ordinance amending provisions of Chapter 5.34 of Title 5 of the King City Municipal Code pertaining to itinerant vendors, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance by Cullen seconded by DeLeon.
AYES: Council Members: LeBarre, DeLeon, Victoria, Cullen, Avalos NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
11. REGULAR BUSINESS
None
12. CITY COUNCIL CLOSED SESSION
A. Conference with Legal Counsel Regarding Initiating Litigation Pursuant to Government Code Section 54956.9(d)(4).
Cases: One (1)
ADJOURNMENT:
Mayor LeBarre adjourned the meeting at 6:15p.m. to closed session adjourning at 6:49p.m.
Approved Signatures:
Mayor Mike LeBarre City Clerk, Erica Sonne
City of King City of King
Item No. 9(B)
REPORT TO THE CITY COUNCIL
DATE: OCTOBER 28, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER
OCTOBER 1 THROUGH OCTOBER 15, 2025
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.
10/16/2025 9:52:33 AM Page 1 of 15
Check Report
King City, CA By Check Number
Date Range: 10/01/2025 - 10/15/2025
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: POOL-WFB-POOL - WELLS FARGO BANK
Payment Type: EFT
GREEN ACCT GREEN'S ACCOUNTING 10/06/2025 EFT 0.00 15,868.94 10361 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount July 2025 Invoice 10/03/2025 July 2025 Finance Services 0.00 15,868.94 100-1500-61501 Accounting Services July 2025 Finance Services 7,900.00 100-1800-61200 Postage, Shipping & Freig… July 2025 Finance Services 68.94 310-0000-61501 Accounting Services July 2025 Finance Services 4,740.00 410-0000-61501 Accounting Services July 2025 Finance Services 3,160.00 ALVAREZ ALVAREZ TECHNOLOGY GROUP INC 10/13/2025 EFT 0.00 7,080.10 10362 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 77805 Invoice 10/10/2025 IT Services 0.00 247.50
100-2000-61560 Maintenance Agreements IT Services 247.50 77845 Invoice 10/10/2025 IT Services 0.00 82.50
100-6100-68131 Computers & Printers IT Services 82.50
77941 Invoice 10/10/2025 Computer Services 0.00 6,750.10 100-2000-61560 Maintenance Agreements Computer Services 6,750.10 CAROLLO CAROLLO ENGINEERS INC 10/13/2025 EFT 0.00 190,484.38 10363 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount FB67476 Invoice 06/30/2025 Upgrade - KC WWTP May 2025 0.00 190,484.38 310-0000-61500 Professional Services Upgrade - KC WWTP May 2025 190,484.38 EIKHOF EIKHOF DESIGN GROUP INC 10/13/2025 EFT 0.00 7,679.50 10364 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 2025-159 Invoice 06/30/2025 KC Golf Course Rehab 0.00 370.00 117-0000-61500 Professional Services KC Golf Course Rehab 370.00 2025-237 Invoice 10/10/2025 KC Golf Course Rehab 0.00 832.50 117-0000-61500 Professional Services KC Golf Course Rehab 832.50 2025-263 Invoice 10/10/2025 KC Golf Course Rehab 0.00 1,202.50 117-0000-61500 Professional Services KC Golf Course Rehab 1,202.50 2025-264 Invoice 10/10/2025 CDBG Pavement Project 0.00 1,647.00 100-2800-68110 Capital - Improvements CDBG Pavement Project 1,647.00 2025-265 Invoice 10/10/2025 Grocery Outlet Inspection 0.00 1,237.50 120-0000-47400 Developer Deposits Grocery Outlet Inspection 1,237.50 2025-266 Invoice 10/10/2025 Sewer Main Replacement Project 0.00 2,390.00 310-0000-61500 Professional Services Sewer Main Replacement Project 2,390.00 GIS GONZALES IRRIGATION SYSTEMS INC 10/13/2025 EFT 0.00 34.57 10365 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount KC129361 Invoice 10/10/2025 Canal St Irrigation Repair 0.00 18.47 100-2400-61227 Supplies-Landscaping Canal St Irrigation Repair 18.47 KC129379 Invoice 10/10/2025 Rec Center Irrigation Repair 0.00 16.10 100-2400-61227 Supplies-Landscaping Rec Center Irrigation Repair 16.10 KIDDER MATHEWS KIDDER MATHEWS INC. 10/13/2025 EFT 0.00 1,000.00 10366 Check Report Date Range: 10/01/2025 - 10/15/2025
10/16/2025 9:52:33 AM Page 2 of 15
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 44552 Invoice 10/10/2025 225 Broadway Street Appraisal 0.00 1,000.00 100-1100-61502 Consultants 225 Broadway Street Appraisal 1,000.00 MONARCH IN MELDI LLC 10/13/2025 EFT 0.00 57,861.00 10367 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 092925 Invoice 10/10/2025 Monarch Inn Temporary Homeless Shelter… 0.00 57,861.00 121-0000-61500 Professional Services Monarch Inn Temporary Homele… 57,861.00 CYPRESSW MILES CLIFFORD FARMER CYPRESS WATER SERVICE INC 10/13/2025 EFT 0.00 26,405.80 10368 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 25711 Invoice 06/30/2025 MBAS Laboratory Fees 0.00 3,101.00 310-0000-61800 Repairs & Maintenance MBAS Laboratory Fees 3,101.00 26148 Invoice 10/10/2025 Normal Operations 0.00 10,836.20 310-0000-61800 Repairs & Maintenance Normal Operations 10,836.20 26149 Invoice 10/10/2025 Normal Operations - WWTP 0.00 12,468.60 310-0000-61800 Repairs & Maintenance Normal Operations - WWTP 12,468.60 MAGICC NORMA L DOMINGUEZ 10/13/2025 EFT 0.00 16,520.00 10369 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 5030 Invoice 10/10/2025 Janitorial Services 0.00 10,760.00 100-1400-61500 Professional Services Janitorial Services 10,760.00 6030 Invoice 10/10/2025 Monarch Inn Temporary Homeless Shelter… 0.00 5,760.00 121-0000-61500 Professional Services Monarch Inn Temporary Homele… 5,760.00 PACIFIC CR PACIFIC CREST ENGINEERING INC 10/13/2025 EFT 0.00 1,035.00 10370 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 15543 Invoice 10/10/2025 Q3 2025 Close Landfill Semi-Annual 0.00 1,035.00 112-0000-64155 Ground Water Well Testi… Q3 2025 Close Landfill Semi-Ann… 1,035.00 SMITHE SMITH & ENRIGHT LANDSCAPING INC 10/13/2025 EFT 0.00 665.00 10371 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 2383 Invoice 10/10/2025 Landscape Maint. Aug 2025 0.00 665.00 100-2400-61500 Professional Services Landscape Maint. Aug 2025 665.00 SPECTRUMT SPECTRUM ENTERPRISE Charter Communication 10/13/2025 EFT 0.00 1,754.15 10372 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 113362301092125 Invoice 10/10/2025 Internet 0.00 1,754.15 100-1800-61700 Telephone/Data/Pager Internet 1,754.15
SPCA THE SPCA FOR MONTEREY COUNTY 10/13/2025 EFT 0.00 6,757.60 10373 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 091025 Invoice 10/10/2025 SPCA 0.00 6,757.60
100-1600-61550 Animal Services SPCA 6,757.60
TORO TORO PETROLEUM CORP 10/13/2025 EFT 0.00 4,220.76 10374 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount CL90347 Invoice 10/10/2025 Fuel 0.00 2,837.52
100-1600-61840 Fuel & Oil Fuel 2,837.52
CL90513 Invoice 10/10/2025 Fuel 0.00 1,383.24
Check Report Date Range: 10/01/2025 - 10/15/2025
10/16/2025 9:52:33 AM Page 3 of 15
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 100-1400-61840 Fuel & Oil Fuel 172.97
100-2100-61840 Fuel & Oil Fuel 52.65
100-2400-61840 Fuel & Oil Fuel 185.58
310-0000-61840 Fuel & Oil Fuel 536.65
410-0000-61840 Fuel & Oil Fuel 338.28
410-0000-61840 Fuel & Oil Fuel 97.11
Total EFT: 0.00 337,366.80
Check Report Date Range: 10/01/2025 - 10/15/2025
10/16/2025 9:52:33 AM Page 4 of 15
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payment Type: Regular
MONARCH IN MELDI LLC 10/01/2025 Regular 0.00 -76,919.88 73252 MONARCH IN MELDI LLC 10/01/2025 Regular 0.00 76,919.88 73343 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 090325 Invoice 09/12/2025 Monarch Inn Temporary Homeless Shelter 0.00 76,919.88 121-0000-61500 Professional Services Monarch Inn Temporary Homele… 26,065.44 121-0000-61500 Professional Services Monarch Inn Temporary Homele… 50,854.44 AFLAC AFLAC 10/10/2025 Regular 0.00 91.47 73344
Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001081 Invoice 10/10/2025 PAYROLL DEDUCTION - INSURANCE 0.00 44.30 100-0000-21171 LTD Insurance Payable PAYROLL DEDUCTION - INSURA… 31.01 310-0000-21171 LTD Insurance Payable PAYROLL DEDUCTION - INSURA… 8.86 410-0000-21171 LTD Insurance Payable PAYROLL DEDUCTION - INSURA… 4.43 INV0001082 Invoice 10/10/2025 PAYROLL DEDUCTION - INSURANCE 0.00 47.17 100-0000-21171 LTD Insurance Payable PAYROLL DEDUCTION - INSURA… 38.31 310-0000-21171 LTD Insurance Payable PAYROLL DEDUCTION - INSURA… 6.77 410-0000-21171 LTD Insurance Payable PAYROLL DEDUCTION - INSURA… 2.09 ANTHEM BLU ANTHEM BLUE CROSS 10/10/2025 Regular 0.00 4,085.84 73345 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001083 Invoice 10/10/2025 HEALTH INSURANCE DEDUCTION 0.00 4,085.84 100-0000-21150 Health Insurance Payable EE HEALTH INSURANCE DEDUCT… 3,667.30 120-0000-21150 Health Insurance Payable EE HEALTH INSURANCE DEDUCT… 2.18 310-0000-21150 Health Insurance Payable EE HEALTH INSURANCE DEDUCT… 269.17 410-0000-21150 Health Insurance Payable EE HEALTH INSURANCE DEDUCT… 147.19 CAL PERS R CAL PERS RETIREMENTSYSTEM 10/10/2025 Regular 0.00 33,736.92 73346 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001090 Invoice 10/10/2025 PERS PEPRA MISC EMPLOYER 0.00 4,813.51 100-0000-21130 PERS Payable PERS PEPRA MISC EMPLOYER 4,191.43 120-0000-21130 PERS Payable PERS PEPRA MISC EMPLOYER 1.30 310-0000-21130 PERS Payable PERS PEPRA MISC EMPLOYER 420.64 410-0000-21130 PERS Payable PERS PEPRA MISC EMPLOYER 200.14 INV0001091 Invoice 10/10/2025 PERS PEPRA MISC EMPLOYEE 0.00 4,686.52 100-0000-21131 PERS Payable - EE PERS PEPRA MISC EMPLOYEE 4,080.88 120-0000-21131 PERS Payable - EE PERS PEPRA MISC EMPLOYEE 1.26 310-0000-21131 PERS Payable - EE PERS PEPRA MISC EMPLOYEE 409.51 410-0000-21131 PERS Payable - EE PERS PEPRA MISC EMPLOYEE 194.87 INV0001092 Invoice 10/10/2025 PERS PEPRA SAFETY EMPLOYER 0.00 5,686.91 100-0000-21130 PERS Payable PERS PEPRA SAFETY EMPLOYER 5,686.91 INV0001093 Invoice 10/10/2025 PERS PEPRA SAFETY EMPLOYEE 0.00 5,589.38 100-0000-21131 PERS Payable - EE PERS PEPRA SAFETY EMPLOYEE 5,589.38 INV0001094 Invoice 10/10/2025 PERS MISC CLASSIC EMPLOYER 0.00 1,620.54 100-0000-21130 PERS Payable PERS MISC CLASSIC EMPLOYER 1,014.73 310-0000-21130 PERS Payable PERS MISC CLASSIC EMPLOYER 256.40 410-0000-21130 PERS Payable PERS MISC CLASSIC EMPLOYER 349.41 INV0001095 Invoice 10/10/2025 PERS MISC CLASSIC EMPLOYEE 0.00 932.84 100-0000-21131 PERS Payable - EE PERS MISC CLASSIC EMPLOYEE 584.35 310-0000-21131 PERS Payable - EE PERS MISC CLASSIC EMPLOYEE 147.73 410-0000-21131 PERS Payable - EE PERS MISC CLASSIC EMPLOYEE 200.76 INV0001096 Invoice 10/10/2025 PERS SAFETY CLASSIC EMPLOYER 0.00 7,216.98 100-0000-21130 PERS Payable PERS SAFETY CLASSIC EMPLOYER 7,216.98 INV0001097 Invoice 10/10/2025 PERS SAFTEY CLASSIC EMPLOYEE 0.00 3,190.24 Check Report Date Range: 10/01/2025 - 10/15/2025
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 100-0000-21131 PERS Payable - EE PERS SAFTEY CLASSIC EMPLOYEE 3,190.24 CACHLDSUP CALIFORNIA STATE DISBURSEMENT UNIT 10/10/2025 Regular 0.00 780.00 73347 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001099 Invoice 10/10/2025 M. DILLON CHILD SUPPORT 0.00 780.00 100-0000-21175 Wage Levys M. DILLON CHILD SUPPORT 780.00 CRANEFINANCE CRANE FINANCE 10/10/2025 Regular 0.00 295.80 73348 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001084 Invoice 10/10/2025 WAGE ASSIGNMENT 0.00 295.80 100-0000-21175 Wage Levys WAGE ASSIGNMENT 295.80
K.C.P.O.A. K.C.P.O.A. 10/10/2025 Regular 0.00 675.00 73349 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001088 Invoice 10/10/2025 KCPOA UNION DUES 0.00 675.00 100-0000-21173 KCPOA Union Dues KCPOA UNION DUES 675.00 K.C.P.S.A. K.C.P.S.A. 10/10/2025 Regular 0.00 425.00 73350 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001089 Invoice 10/10/2025 KCPSA UNION DUES 0.00 425.00 100-0000-21174 KCPSA Union Dues KCPSA UNION DUES 425.00 ICMA RETIR MISSION SQUARE-302397 10/10/2025 Regular 0.00 8,557.07 73351 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001078 Invoice 10/10/2025 EMPLOYER MATCH - ICMA DC 0.00 782.11 100-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 664.77 310-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 64.26 410-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 53.08 INV0001079 Invoice 10/10/2025 EMPLOYER MATCH - ICMA DC 0.00 655.25 100-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 569.25 120-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 4.11 310-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 81.89 INV0001080 Invoice 10/10/2025 EMPLOYER MATCH - ICMA DC 0.00 454.92 100-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 341.19 310-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 113.73 INV0001085 Invoice 10/10/2025 DEF COMP EMPLOYEE 0.00 4,759.81 100-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 4,197.43 120-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 10.76 310-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 521.62 410-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 30.00 INV0001086 Invoice 10/10/2025 DEF COMP EMPLOYEE 0.00 1,663.71 100-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 1,483.24 310-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 50.89 410-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 129.58 INV0001087 Invoice 10/10/2025 DEF COMP EMPLOYEE 0.00 241.27 100-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 227.24 310-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 14.03 SEIU SEIU LOCAL 521 10/10/2025 Regular 0.00 547.53 73352 Check Report Date Range: 10/01/2025 - 10/15/2025
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001098 Invoice 10/10/2025 SEIU UNION DUES 0.00 547.53 100-0000-21196 City Reimb Payable SEIU UNION DUES 407.10 120-0000-21196 City Reimb Payable SEIU UNION DUES 0.24
310-0000-21196 City Reimb Payable SEIU UNION DUES 70.08 410-0000-21196 City Reimb Payable SEIU UNION DUES 70.11 UNITED STA UNITED STATES POSTAL SERVICE 10/08/2025 Regular 0.00 1,223.09 73353 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 100825 Invoice 10/08/2025 Ciclovia Mailer Postage 0.00 1,223.09 100-1000-61300 Community Promotion Ciclovia Mailer Postage 1,223.09 A & G PUMP A & G PUMPING INC 10/10/2025 Regular 0.00 212.00 73354 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 25-103151 Invoice 10/10/2025 Porta Potty Rental WWTF 0.00 212.00 310-0000-61500 Professional Services Porta Potty Rental WWTF 212.00 KCTVHARD ALCANTAR HARDWARE INC 10/10/2025 Regular 0.00 752.53 73355 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 581378 Invoice 06/30/2025 Stop Sign Supplies 0.00 22.78 410-0000-61229 Supplies-Street Signs Stop Sign Supplies 22.78 581991 Invoice 10/10/2025 Ladder - Airport 0.00 141.36
110-0000-61800 Repairs & Maintenance Ladder - Airport 141.36 582097 Invoice 10/10/2025 Work / Repairs Pool Area / Patio 0.00 35.81 100-2500-61800 Repairs & Maintenance Work / Repairs Pool Area / Patio 35.81 582603 Invoice 10/10/2025 Street Sign Install 0.00 143.32 410-0000-61229 Supplies-Street Signs Street Sign Install 143.32 583758 Invoice 10/10/2025 Restroom Repair - Skate Park 0.00 37.23 100-2400-61800 Repairs & Maintenance Restroom Repair - Skate Park 37.23 584218 Invoice 10/10/2025 Replacement Light Bulbs 0.00 22.83 100-2100-61800 Repairs & Maintenance Replacement Light Bulbs 22.83 584330 Invoice 10/10/2025 Janitorial Supplies 0.00 28.25 100-2400-61224 Janitorial Supplies Janitorial Supplies 28.25 584347 Invoice 10/10/2025 New Nozzle, Brass, Hose WWTP 0.00 20.64 310-0000-61800 Repairs & Maintenance New Nozzle, Brass, Hose WWTP 20.64 584411 Invoice 10/10/2025 Trash Cans - Plaza Restroom 0.00 58.70 100-2400-61810 Tools & Minor Equipment Trash Cans - Plaza Restroom 58.70 584581 Invoice 10/10/2025 Cleaning Supplies - City Hall 0.00 70.63 100-1800-61224 Janitorial Supplies Cleaning Supplies - City Hall 70.63 584585 Invoice 10/10/2025 Gas - Tools 0.00 59.05
100-1700-61810 Tools & Minor Equipment Gas - Tools 59.05 584819 Invoice 10/10/2025 Rotary Kit 0.00 48.93
100-2100-61810 Tools & Minor Equipment Rotary Kit 48.93 584975 Invoice 10/10/2025 Graffiti Cover Spray Paint 0.00 17.38 100-2400-61800 Repairs & Maintenance Graffiti Cover Spray Paint 17.38 584980 Invoice 10/10/2025 Dry Erase Markers 0.00 24.76
100-1700-61210 Office Supplies Dry Erase Markers 24.76
585012 Invoice 10/10/2025 Cleaning Supplies 0.00 20.86
100-1700-61803 Fire Station Maintenance Cleaning Supplies 20.86 TRUJILLOA ALICIA TRUJILLO 10/10/2025 Regular 0.00 125.30 73356 Check Report Date Range: 10/01/2025 - 10/15/2025
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 092725 Invoice 10/10/2025 Travel / Rec Events 0.00 70.70 100-2600-62000 Travel, Meetings & Traini… Travel / Rec Events 70.70 093025 Invoice 10/10/2025 City Events 0.00 54.60
100-1100-62009 Travel, Meetings & Traini… City Events 54.60 ALLTE ALL-TEMP REFRIGERATION HEATING & AIR CONDITIONING, INC. 10/10/2025 Regular 0.00 1,000.00 73357 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 30192 Invoice 10/10/2025 Pool Repairs 0.00 850.00
100-2500-61800 Repairs & Maintenance Pool Repairs 850.00 30695 Invoice 10/10/2025 Repair 0.00 150.00
100-2500-61800 Repairs & Maintenance Repair 150.00
AMAZON AMAZON CAPITAL SERVICES INC 10/10/2025 Regular 0.00 2,059.53 73358 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 11R3-RQVN-93DT Invoice 10/10/2025 Sign In Book - WWTF 0.00 10.76 310-0000-61810 Tools & Minor Equipment Sign In Book - WWTF 10.76 14RD-QT7Y-L7L6 Invoice 10/10/2025 Printer Cartridges 0.00 249.14 100-2600-61210 Office Supplies Printer Cartridges 249.14 17DY-VV17-LL4R Invoice 10/10/2025 Prime Membership 0.00 847.16 100-1600-68130 Capital - Computer Prime Membership 847.16 196K-PPLL-3CCK Invoice 10/10/2025 New Locks for Park Restrooms 0.00 48.14 100-2400-61800 Repairs & Maintenance New Locks for Park Restrooms 48.14 1F7H-9KVL-DJMK Invoice 10/10/2025 Office Supplies 0.00 499.49 100-1600-61210 Office Supplies Office Supplies 499.49
1LJH-VCJ9-D7N1 Invoice 10/10/2025 Pool Chemicals 0.00 117.42 100-2500-61270 Chemicals Pool Chemicals 117.42
1PMH-QF9G-9FKF Invoice 10/10/2025 Halloween Candy Bag 0.00 204.80 100-2600-61220 Operational Supplies Halloween Candy Bag 204.80 1V4Y-NXHK-DJ1J Invoice 10/10/2025 Office Supplies 0.00 43.48 100-2600-61210 Office Supplies Office Supplies 43.48
1Y9D-PC9C-F3YG Invoice 10/10/2025 Daycamp 0.00 39.14
100-2600-61220 Operational Supplies Daycamp 39.14
CARMEL FIR ART BLACK 10/10/2025 Regular 0.00 750.00 73359 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 125393 Invoice 10/10/2025 Fire Alarm System 0.00 250.00 100-1400-61500 Professional Services Fire Alarm System 250.00 125398 Invoice 10/10/2025 Fire Alarm System 0.00 250.00 100-1400-61500 Professional Services Fire Alarm System 250.00 125403 Invoice 10/10/2025 Fire Alarm System 0.00 250.00 100-1400-61500 Professional Services Fire Alarm System 250.00 AT&T - C AT&T Calnet 3 10/10/2025 Regular 0.00 292.63 73360 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 000024111330 Invoice 10/10/2025 Phone PD Line 0.00 31.08 100-1600-61595 911 Dispatch Services Phone PD Line 31.08 000024111331 Invoice 10/10/2025 Cell Phone 0.00 156.53
100-1700-61710 Cellular Phones Cell Phone 156.53
000024111918 Invoice 10/10/2025 911 Line 0.00 31.08
100-1600-61595 911 Dispatch Services 911 Line 31.08
Check Report Date Range: 10/01/2025 - 10/15/2025
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 000024112498 Invoice 10/10/2025 Phone Bill 0.00 34.89
100-1700-61700 Telephone/Data/Pager Phone Bill 34.89
000024112499 Invoice 10/10/2025 Phone Service 0.00 39.05 100-1800-61710 Cellular Phones Phone Service 39.05
BENITEZ SECURITY BENITEZ SECURITY SERVICES 10/10/2025 Regular 0.00 8,512.00 73361 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 3105 Invoice 10/10/2025 Monarch Inn Temporary Homeless Shelter… 0.00 2,880.00 121-0000-61500 Professional Services Monarch Inn Temporary Homele… 2,880.00 3157 Invoice 10/10/2025 Monarch Inn Temporary Homeless Shelter… 0.00 2,816.00 121-0000-61500 Professional Services Monarch Inn Temporary Homele… 2,816.00 3183 Invoice 10/10/2025 Monarch Inn Temporary Homeless Shelter… 0.00 2,816.00 121-0000-61500 Professional Services Monarch Inn Temporary Homele… 2,816.00 C&NTRACTOR C & N ENTERPRISES 10/10/2025 Regular 0.00 11,033.78 73362 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount E23166 Invoice 10/10/2025 Motor for Small Mower 0.00 11,033.78 100-2400-61898 Equipment Repair & Main… Motor for Small Mower 11,033.78 CALIFOR CALIFORNIA BUILDING STANDARDS COMMISSION10/10/2025 Regular 0.00 276.21 73363 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 093025 Invoice 10/10/2025 Revolving Fun (BSASRE) 0.00 276.21 100-1400-61775 SMIP Green Fees Revolving Fun (BSASRE) 276.21 CTOWT CALIFORNIA TOWING & TRANSPORT 10/10/2025 Regular 0.00 150.00 73364 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 213332 Invoice 10/10/2025 Towing for Unit #102 0.00 150.00 100-1600-61830 Vehicle Repairs & Mainte… Towing for Unit #102 150.00 CASEY PRIN CASEY PRINTING INC 10/10/2025 Regular 0.00 233.81 73365 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 241672 Invoice 10/10/2025 Ciclovia Poster and Flyer Printing 0.00 233.81 100-1000-61300 Community Promotion Ciclovia Poster and Flyer Printing 233.81 SAME DAY S CHARLES C. SALMINA Same Day Shred 10/10/2025 Regular 0.00 100.00 73366 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 64257 Invoice 10/10/2025 Shreding Services 0.00 100.00
100-1600-61500 Professional Services Shreding Services 100.00 STALEY CHRISTOPHER HENRY STALEY 10/10/2025 Regular 0.00 1,800.00 73367 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 25-008 Invoice 10/10/2025 Background 0.00 1,800.00
100-1600-63000 Recruitment & Advertising Background 1,800.00 CNC ELECTR CLARK N CLEVENGER CNC ELECTRIC AND OUTDOOR POWER 10/10/2025 Regular 0.00 203.31 73368 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 8520 Invoice 10/10/2025 Starter Repair Case 7220 0.00 203.31 310-0000-61801 Equipment Repair & Main… Starter Repair Case 7220 203.31 COASTAL COASTAL TRACTOR 10/10/2025 Regular 0.00 1,690.72 73369 Check Report Date Range: 10/01/2025 - 10/15/2025
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount IK10100 Invoice 10/10/2025 Oil & Antifreeze 0.00 125.06 310-0000-61801 Equipment Repair & Main… Oil & Antifreeze 125.06 WK17723 Invoice 10/10/2025 Service Large Mower 0.00 1,565.66 100-2400-61898 Equipment Repair & Main… Service Large Mower 1,565.66 COFSC COUNTY OF SANTA CLARA Office of the Sheriff 10/10/2025 Regular 0.00 1,315.40 73370 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 1800095240 Invoice 10/10/2025 CopLink 0.00 1,315.40
100-1600-61500 Professional Services CopLink 1,315.40
DAVE'S REP DAVE'S REPAIR SERVICE David L Gambetta 10/10/2025 Regular 0.00 100.00 73371 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 39454 Invoice 10/10/2025 Monthly Site Inspection 0.00 100.00 110-0000-61500 Professional Services Monthly Site Inspection 100.00 DEPT CONS DEPARTMENT OF CONSERVATION DIV. OF ADMIN. SERVICES-ACCNT. 10/10/2025 Regular 0.00 661.83 73372 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 093025 Invoice 10/10/2025 Strong Motion Quarterly Report 0.00 661.83 100-1400-61770 SMIP Fees Strong Motion Quarterly Report … 661.83 DIMES MEDI DIMES MEDIA CORPORATION 10/10/2025 Regular 0.00 250.00 73373 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 5007 Invoice 10/10/2025 KRKC Advertising 0.00 250.00
100-2600-61125 Advertising KRKC Advertising 250.00
KURRELS ELIZABETH KURRELS 10/10/2025 Regular 0.00 200.00 73374 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 103025 Invoice 10/10/2025 Ciclovia and Poster Design 0.00 200.00 100-1000-61300 Community Promotion Ciclovia and Poster Design 200.00 FED EXP FEDEX 10/10/2025 Regular 0.00 60.59 73375
Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 8-990-01772 Invoice 10/10/2025 DOJ Lab Testing 0.00 60.59 100-1600-64170 Lab Tests DOJ Lab Testing 60.59
SANCHEZJ JANELLE SANCHEZ 10/10/2025 Regular 0.00 4,328.65 73376 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 100125 Invoice 10/10/2025 Advance Disability Pension Payments (AD… 0.00 4,328.65 100-0000-12010 Accounts Receivable - AD… Advance Disability Pension Pay… 4,328.65 TIRE KING JOSE RODRIGUEZ TIRE KING & AUTO EXPRESS 10/10/2025 Regular 0.00 3,305.20 73377 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 92742 Invoice 10/10/2025 Vehicle Repair 0.00 385.33
100-1600-61830 Vehicle Repairs & Mainte… Vehicle Repair 385.33 92750 Invoice 10/10/2025 Vehicle Repair 0.00 266.99
100-1600-61830 Vehicle Repairs & Mainte… Vehicle Repair 266.99 92821 Invoice 10/10/2025 Vehicle Repair 0.00 903.58
100-1600-61830 Vehicle Repairs & Mainte… Vehicle Repair 903.58 92838 Invoice 10/10/2025 Vehicle Repair 0.00 202.33
Check Report Date Range: 10/01/2025 - 10/15/2025
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 100-1600-61830 Vehicle Repairs & Mainte… Vehicle Repair 202.33 92912 Invoice 10/10/2025 Vehicle Repair 0.00 120.00
100-1600-61830 Vehicle Repairs & Mainte… Vehicle Repair 120.00 92918 Invoice 10/10/2025 Vehicle Repair 0.00 262.65
100-1600-61830 Vehicle Repairs & Mainte… Vehicle Repair 262.65 92968 Invoice 10/10/2025 Vehicle Repair 0.00 730.48
100-1600-61830 Vehicle Repairs & Mainte… Vehicle Repair 730.48 92972 Invoice 10/10/2025 Vehicle Repair 0.00 193.84
100-1600-61830 Vehicle Repairs & Mainte… Vehicle Repair 193.84 92999 Invoice 10/10/2025 Car Wash 0.00 240.00
100-1600-61509 Auto Detail Service Car Wash 240.00
KCVC INC KCVC, INC 10/10/2025 Regular 0.00 463.44 73378 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 1186085 Invoice 10/10/2025 KC Vet Hospital 0.00 463.44
100-1600-61550 Animal Services KC Vet Hospital 463.44
KIMLEY-HOR KIMLEY-HORN & ASSOCIATES INC 10/10/2025 Regular 0.00 4,547.05 73379 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 33201452 Invoice 10/10/2025 EV Charging Lot 0.00 4,547.05 120-0000-61500 Professional Services EV Charging Lot 4,547.05 KC IND KING CITY INDUSTRIAL SUPPLY 10/10/2025 Regular 0.00 265.57 73380 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 367940 Invoice 10/10/2025 Irrigation Riser Repair WWTF 0.00 257.09 310-0000-61800 Repairs & Maintenance Irrigation Riser Repair WWTF 257.09 368386 Invoice 10/10/2025 New Hose Nozzles 0.00 8.48
100-2100-61810 Tools & Minor Equipment New Hose Nozzles 8.48 LEGALNOT LEGAL NOTIFICATION SERVICES Inc. 10/10/2025 Regular 0.00 1,181.80 73381 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 1522 Invoice 10/10/2025 iSubpoena License 0.00 1,181.80 100-1600-68130 Capital - Computer iSubpoena License 1,181.80 LINCOLN LINCOLN AQUATICS 10/10/2025 Regular 0.00 333.89 73382 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount D8904178 Invoice 10/10/2025 Chlorine Test Supplies 0.00 333.89 100-2500-61220 Operational Supplies Chlorine Test Supplies 333.89 M BASIA MBASIA C/O Alliant Insurance Services 10/10/2025 Regular 0.00 628.75 73383 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 063025 Invoice 10/10/2025 Liability Claim Costs 0.00 628.75 100-2000-64179 Liability Claims Paid Liability Claim Costs 628.75 MMJUMPERS MM JUMPERS & PARTY RENTALS LLC 10/10/2025 Regular 0.00 1,421.16 73384 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 21249 Invoice 10/10/2025 Ciclovia Bounce House Rental 0.00 1,421.16 100-1000-61300 Community Promotion Ciclovia Bounce House Rental 1,421.16 MO HEALTH MONTEREY COUNTY HEALTH DEPT 10/10/2025 Regular 0.00 2,000.00 73385 Check Report Date Range: 10/01/2025 - 10/15/2025
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 091725 Invoice 10/10/2025 Retainer Fee for SARTS 0.00 2,000.00 100-1600-63001 Physical Exams Retainer Fee for SARTS 2,000.00 MYJEEP MY JEEP CHRYSLER DODGE 10/10/2025 Regular 0.00 2,565.00 73386 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount JECS346920 Invoice 10/10/2025 Unit #102 Repair 0.00 2,565.00 100-1600-61830 Vehicle Repairs & Mainte… Unit #102 Repair 2,565.00 NEWSV NEW SV MEDIA INC 10/10/2025 Regular 0.00 127.09 73387 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 155644 Invoice 10/10/2025 Notice of Adoption Temp Use & Special Ev… 0.00 127.09 100-1100-61100 Public Notices Notice of Adoption Temp Use & … 127.09 OPTERRA OPTERRA ENERGY SERVICES, LLC 10/10/2025 Regular 0.00 993.13 73388 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 90078676 Invoice 10/10/2025 WWTP Panel Purchase 0.00 993.13 310-0000-61800 Repairs & Maintenance WWTP Panel Purchase 993.13 PECKHAM PECKHAM & MCKENNEY 10/10/2025 Regular 0.00 9,333.33 73389 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 2 Invoice 10/10/2025 City Manager Recruitment Services 0.00 9,333.33 100-1100-63000 Recruitment & Advertising City Manager Recruitment Servi… 9,333.33 PURE WATER PENINSULA PURE WATER INC 10/10/2025 Regular 0.00 100.45 73390 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 459841 Invoice 10/10/2025 Water Delivery services 0.00 50.45 100-1800-61730 Utilities - Water Water Delivery services 50.45 459842 Invoice 10/10/2025 Water 0.00 50.00
100-1600-61730 Utilities - Water Water 50.00
PAC PG&E 10/10/2025 Regular 0.00 57,859.68 73391
Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 092325 Invoice 10/10/2025 Electricity - City Cam 0.00 21.53 100-1600-61720 Utilities - Gas & Electricity Electricity - City Cam 21.53 092525 Invoice 10/10/2025 Electricity 0.00 154.35
310-0000-61720 Utilities - Gas & Electricity Electricity 154.35 100225 Invoice 10/10/2025 Electricity 0.00 57,683.80
100-1600-61720 Utilities - Gas & Electricity Electricity 3,866.85 100-1700-61720 Utilities - Gas & Electricity Electricity 769.87 100-1800-61720 Utilities - Gas & Electricity Electricity 3,658.79 100-2100-61720 Utilities - Gas & Electricity Electricity 811.37 100-2400-61720 Utilities - Gas & Electricity Electricity 2,413.62 100-2500-61720 Utilities - Gas & Electricity Electricity 9,756.10 100-2600-61720 Utilities - Gas & Electricity Electricity 737.26 110-0000-61720 Utilities - Gas & Electricity Electricity 107.05 310-0000-61720 Utilities - Gas & Electricity Electricity 28,274.28 410-0000-61720 Utilities - Gas & Electricity Electricity 7,288.61 PURCHASE P PURCHASE POWER*PITNEY BOWES 10/10/2025 Regular 0.00 1,071.07 73392 Check Report Date Range: 10/01/2025 - 10/15/2025
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 092125 Invoice 10/10/2025 Postage & Shipping 0.00 1,071.07 100-1800-61200 Postage, Shipping & Freig… Postage & Shipping 1,071.07 RAILPROS RAILPROS INC RAIL CONSULTING SERVICES 10/10/2025 Regular 0.00 24,938.00 73393 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 1300912405 Invoice 10/10/2025 KC Temporary Platform 0.00 22,665.86 222-0000-61500 Professional Services KC Temporary Platform 22,665.86 1300912736 Invoice 10/10/2025 KC Temporary Platform 0.00 2,272.14 222-0000-61500 Professional Services KC Temporary Platform 2,272.14 RAINBOW RAINBOW PRINTING DAVID INGERMANSON, INC.10/10/2025 Regular 0.00 605.19 73394 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 17370 Invoice 10/10/2025 Business Cards 0.00 605.19
100-1600-61350 Printing & Advertising Business Cards 605.19 RAZZOLINK RAZZO LINK INC RAZZOLINK 10/10/2025 Regular 0.00 69.80 73395 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 440828 Invoice 10/10/2025 Website Management ( Sept & Oct ) 0.00 69.80 100-2000-61560 Maintenance Agreements Website Management ( Sept & … 69.80 HILLR ROGER WILLIAM HILL 10/10/2025 Regular 0.00 240.00 73396 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 110 Invoice 10/10/2025 Ciclovia Entertainment 0.00 240.00 100-1000-61300 Community Promotion Ciclovia Entertainment 240.00 THE SALINA SALINAS NEWSPAPERS LLC The Californian 10/10/2025 Regular 0.00 330.33 73397 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 093025 Invoice 10/10/2025 Newspaper 0.00 330.33
100-1800-61220 Operational Supplies Newspaper 330.33
SVSWA SALINAS VALLEY SOLID WASTE AUTHORITY 10/10/2025 Regular 0.00 5,058.89 73398 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount FY25-26-Q1-201… Invoice 10/10/2025 Refuse & Recycling Franchise Agreement … 0.00 5,058.89 100-1100-61500 Professional Services Refuse & Recycling Franchise Ag… 5,058.89 VALLEY TRO SALVADOR PEREZCHICA Valley Trophies, Inc. 10/10/2025 Regular 0.00 189.55 73399 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 100125 Invoice 10/10/2025 Retirement Plaque 0.00 189.55 100-1100-61500 Professional Services Retirement Plaque 189.55 SUN STREET SUN STREET CENTERS 10/10/2025 Regular 0.00 5,414.48 73400 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount KING-R2S-124 Invoice 10/10/2025 Youth Diversion Program 0.00 5,414.48 100-2000-61500 Professional Services Youth Diversion Program 5,414.48 SURVEI SURVEILLANCEGRID INTEGRATION INC. 10/10/2025 Regular 0.00 41,458.00 73401 Check Report Date Range: 10/01/2025 - 10/15/2025
10/16/2025 9:52:33 AM Page 13 of 15
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 2153 Invoice 10/10/2025 City Cameras 0.00 41,458.00
413-0000-68110 Capital - Improvements City Cameras 41,458.00 T&T PAVE T & T PAVEMENT MARKINGS and Products, Inc. 10/10/2025 Regular 0.00 6,695.16 73402 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 2025516 Invoice 10/10/2025 Striping Paint 0.00 6,695.16 410-0000-65080 Street Maintenance Striping Paint 6,695.16 TEMP UNIF TEMPLETON UNIFORMS LLC 10/10/2025 Regular 0.00 922.36 73403 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 16132 Invoice 10/10/2025 Rain Pants & Jacket 0.00 461.18 100-1600-61340 Uniform Purchase Rain Pants & Jacket 461.18 16135 Invoice 10/10/2025 Rain Pants & Jacket 0.00 461.18 100-1600-61340 Uniform Purchase Rain Pants & Jacket 461.18 TRANSU TRANSUNION RISK AND ALTERNATIV 10/10/2025 Regular 0.00 75.00 73404 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 412260-202509-1 Invoice 10/10/2025 TLO 0.00 75.00
100-1600-61500 Professional Services TLO 75.00
TYLER TECH TYLER TECHNOLOGIES INC 10/10/2025 Regular 0.00 1,368.20 73405 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 025-528376 Invoice 10/10/2025 ERPO Pro ESS Annual Fees 0.00 1,368.20 100-2000-61500 Professional Services ERPO Pro ESS Annual Fees 1,368.20 U.S. POSTA U.S. POSTAL SERVICE 10/10/2025 Regular 0.00 1,223.09 73406 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 101425 Invoice 10/10/2025 Newsletter Postage 0.00 1,223.09 100-1100-61200 Postage, Shipping & Freig… Newsletter Postage 1,223.09 URBAN URBAN FUTURES INCORPORATED 10/10/2025 Regular 0.00 6,100.00 73407 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount CD-2024-068 Invoice 06/30/2025 Continuing Disclosure Reporting 2024 0.00 1,250.00 310-0000-61500 Professional Services Continuing Disclosure Reporting… 1,250.00 CD-2024-069 Invoice 06/30/2025 Continuing Disclosure Reporting 2024 0.00 4,850.00 475-0000-61500 Professional Services Continuing Disclosure Reporting… 4,850.00 U.S. BAN US BANK CORP PAYMENT SYSTEM 10/10/2025 Regular 0.00 4,643.98 73408 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 090825RM Invoice 10/10/2025 Credit Card Purchases 0.00 4,643.98 100-1600-61110 Membership Dues Cal Chief's Renewal 402.00 100-1600-62000 Travel, Meetings & Traini… Shaw/Zamora Training 100.00 100-1600-62001 Conference, Travel & Mea… Hotel Stay For Chief 2,402.71 100-1600-62001 Conference, Travel & Mea… Hotel Stay for Captain 1,249.98 100-1600-68130 Capital - Computer Zoom Business Account 489.29 VERIZON WI VERIZON WIRELESS 10/10/2025 Regular 0.00 988.26 73409 Check Report Date Range: 10/01/2025 - 10/15/2025
10/16/2025 9:52:33 AM Page 14 of 15
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 6123631866 Invoice 10/10/2025 MDTs 0.00 988.26
100-1600-61711 Mobile Network Connecti… MDTs 988.26
VIAHEAR VIA HEART PROJECT 10/10/2025 Regular 0.00 908.38 73410 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 4502 Invoice 10/10/2025 AED Supplies 0.00 908.38
100-2600-61220 Operational Supplies AED Supplies 908.38 VICTORMAN VICTOR MANUEL MEDINA-RAUDA 10/10/2025 Regular 0.00 600.00 73411 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 101 Invoice 10/10/2025 Ciclovia Entertainment 0.00 600.00 100-1000-61300 Community Promotion Ciclovia Entertainment 600.00 Total Regular: 0.00 274,551.29
Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code POOL-WFB Summary
Bank Drafts
EFT's
69 0
1 0
14 0.00
0.00 0.00
0.00 0.00
84 0.00
Payment
351,471.17
0.00 -76,919.88
0.00 337,366.80
611,918.09
Payable
Count
130
0 0
0 26
156
Check Report Date Range: 10/01/2025 - 10/15/2025
10/16/2025 9:52:33 AM Page 15 of 15
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
69 0
1 0
14 0.00
0.00 0.00
0.00 0.00
84 0.00
351,471.17
0.00 -76,919.88
0.00 337,366.80
611,918.09
130
0 0
0 26
156
Fund Name Period Amount
Fund Summary
999 Pooled Cash Fund 10/2025 611,918.09
611,918.09
Item No. 9 (C)
REPORT TO THE CITY COUNCIL
DATE: OCTOBER 28, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER
5.34 OF THE KING CITY MUNICIPAL CODE PERTAINING TO
ITINERANT VENDORS
RECOMMENDATION:
It is recommended City Council waive the second reading by title only and adopt an Ordinance amending provisions of Chapter 5.34 of Title 5 of the King City Municipal Code pertaining to itinerant vendors.
BACKGROUND:
The City has experienced issues and complaints regarding vendors selling items from the back of their trucks adjacent to the Salinas Valley Fairgrounds during the weekly flea market and other major events there and in the downtown area.
The City currently restricts itinerant vendors from operating next to schools and most parks. Staff are recommending the restrictions be expanded to include the Fairgrounds and City sponsored events on Broadway. The proposed Ordinance was introduced by the City Council at the October 14, 2025 meeting.
DISCUSSION:
When multiple vendors gather in these situations, it creates a mess in the street, causes traffic hazards, impacts the availability of parking for the activities, disrupts residential areas, is unfair to vendors that have been approved to participate in the event, and negatively impacts other businesses in the community. The City receives periodic complaints from residents and business owners. However, currently the City is limited in its ability to restrict the activity if they have obtained a City itinerant vendor permit.
The City is preempted by the State from prohibiting street vendors, but it can place restrictions on the areas they are allowed to operate due to public safety concerns. The proposed Ordinance would restrict itinerant vendors from selling,
ORDINANCE NO. 2025-838
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
KING, CALIFORNIA, AMENDING CHAPTER 5.34 OF TITLE 5 OF
THE KING CITY MUNICIPAL CODE, ITINERANT VENDORS,
SOLICITORS AND PEDDLERS
WHEREAS, the City of King (“City”) is authorized by the California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the City of King regulates itinerant vendors to protect public safety, traffic and pedestrian safety and neighborhood preservation; and WHEREAS, issues have occurred in response to a concentration of the sale of food and merchandise from trucks on the public right-of-way at certain locations.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KING FINDS AND ORDAINS AS FOLLOWS:
SECTION 1. The above recitals are all true and correct and are hereby adopted as findings.
SECTION 2. The Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment. (CEQA Guidelines § 15061(b)(3).) Further, the adoption and implementation of this Ordinance is not a project, as defined in CEQA Guidelines section 15378, because it has no potential for resulting in physical change to the environment, either directly or indirectly, and is therefore not subject to environmental review under CEQA pursuant to CEQA Guidelines section 15060(c)(3).
SECTION 3. The Sub-Section of Chapter 5.34, Section 5.34.115 of the King City Municipal code is hereby amended to read as follows; all other portions of Chapter 5.34 remain in full force and effect.
Section 5.34.115. Regulations concerning itinerant vendors The following regulations shall apply to itinerant vendors as defined in Section 5.34.010:
(a) No itinerant vendor shall park or stand on a public sidewalk in a manner which blocks or prevents pedestrian traffic or violates any of the requirements of the Americans with Disabilities Act or California Disabled Persons Act.
(b) Itinerant vendors shall not stand or park in any parking lot of any public park in a manner which blocks or prevents vehicle traffic, pedestrian traffic or violates any of the requirements of the Americans with Disabilities Act or California Disabled Persons Act.
Vendors within a park shall only park their vehicle, including, but not limited to, personal vehicle or mobile food truck, adjacent to a public park in spaces designated by signage. The -2-
designations shall be made and posted from time to time by the city manager or designee, who may limit the number of spaces for itinerant vendors. Vendor vehicles, including but not limited to personal vehicle or mobile food truck, not parked within the designated parking spaces shall constitute a public nuisance and shall be subject to the provisions of this code.
(c) No chairs or tables are allowed to be placed on the sidewalk in a manner which blocks or prevents pedestrian traffic or violates any of the requirements of the Americans with Disabilities Act or California Disabled Persons Act.
(d) Vendors shall remove any debris from the sales, ensure a receptacle is available for the disposal of debris, and make sure that the area is kept clean. (e) School Zones. No itinerant vendor shall stand or park within three hundred feet of any school zone weekdays, Monday through Friday, from eight a.m. to four p.m. except for holidays and when school is not in session.
(f) Public Streets. Consistent with Section 10.22.050, no itinerant vendor shall stand or park on any street in a commercial zone any truck, trailer, wagon or push cart in a manner which blocks or prevents vehicle traffic, pedestrian traffic or violates any of the requirements of the Americans with Disabilities Act or California Disabled Persons Act. (g) Private Property. Itinerant vendors shall be permitted on developed private property only in commercial, industrial and open space zoning districts. The area occupied by each itinerant vendor on private property shall not exceed nine hundred square feet and shall be located on hard surface paving. Itinerant vendors are prohibited in residential zoning districts. (h) No itinerant vendor shall sell, display, trade or give away any manufactured goods, services and/or self-prepared or prepackaged food items within three hundred feet of the Salinas Valley Fairgrounds or special events sponsored by the City on Broadway Street unless approved by the City as an event participant.
SECTION 4: EFFECTIVE DATE.
This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation.
I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the _____ day of _________________ 2025, and adopted the Ordinance after the second reading at a regular meeting held on the ____ day of _______________ 2025, by the following roll call vote:
-3-
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
ERICA SONNE, City Clerk
CITY OF KING
By:
MIKE LEBARRE, Mayor
APPROVED AS TO FORM:
By:
ROY C. SANTOS, City Attorney
Aleshire & Wynder, LLP
I, ______________________________, City Clerk of the City of King, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of King on the date and by the vote indicated herein.
City Council Special Meeting
October 14, 2025
1.__CALL TO ORDER:
Special Meeting called to order at 6:00pm by Mayor LeBarre.
2.__ROLL CALL:
City Council: Mayor Mike LeBarre, Mayor Pro Tem Carlos DeLeon (absent), Council member Rob Cullen, Council member Carlos Victoria, Council members Oscar Avalos.
City Staff: City Manager Steven Adams, City Attorney Roy Santos
3. CITY COUNCIL CLOSED SESSION
Conference with Real Property Negotiations Pursuant to section 54956.8.
Property: 225 Broadway, King City, CA. 93930
Agency Negotiators: Steven Adams, City Manager, and Roy C. Santos, City Attorney ADJOURNMENT:
Mayor LeBarre adjourned the meeting at 6:15p.m. to closed session adjourning at 6:49p.m. from closed session.
Approved Signatures:
Mayor Mike LeBarre City Clerk, Erica Sonne
City of King City of King
9(D)
Item No. 9(E)
REPORT TO THE CITY COUNCIL
DATE: OCTOBER 28, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF MEMORANDUM OF UNDERSTANDING
WITH THE KING CITY POLICE SERGEANTS’ ASSOCIATION
RECOMMENDATION:
It is recommended the City Council ratify the Memorandum of Understanding between the City of King and the King City Police Sergeants’ Association (KCPSA) for the period of July 1, 2025 through June 30, 2027.
BACKGROUND:
The City’s current MOU with the KCPSA expired on June 30, 2025. The City’s appointed negotiators have met and conferred with representatives of KCPSA pursuant to the requirements of the Meyers-Milias-Brown Act and reached agreement on a new MOU.
DISCUSSION:
Key changes and items negotiated and agreed upon in the MOU include the following:
• Cumulative 7% increase in salaries during the two-year period of the MOU with the FY 2025-26 cost of living increase retroactive to the first full pay period in July 2025
• Establishment of standby/on-call pay – primarily for investigators to ensure someone is available if a significant crime occurs
• Increase in uniform/equipment allowance
• City contribution towards a deferred compensation plan up to a maximum of $600 per year.
• Requirement to live within 75 miles of the City limits may be waived with approval of the City Manager.
A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF KING
AND EMPLOYEES ASSIGNED TO CLASSIFICATIONS REPRESENTED
BY KING CITY POLICE SERGEANTS’ ASSOCIATION (KCPSA)
FOR THE PERIOD
JULY 1, 2025 THROUGH JUNE 30, 2027
Exhibit 1
City of King and KCPSA Memorandum of Understanding Page ii This page has been left intentionally blank.
City of King and KCPSA Memorandum of Understanding Page iii
TABLE OF CONTENTS
ARTICLE I
RECOGNITION
SECTION 1 - ADMINISTRATION......................................................................... 1 SECTION 2 - PAYROLL DEDUCTION ................................................................ 1
ARTICLE II
COMPENSATION
SECTION 1 - SALARY ........................................................................................... 3 SECTION 2 - SALARY ADVANCEMENT .......................................................... 3 SECTION 3 - ACTING DUTY PAY....................................................................... 3 SECTION 4 - WORKDAY ...................................................................................... 4 SECTION 5 - OVERT1ME COMPENSATION ..................................................... 4 SECTION 6 – CALLBACK…................................................................................. 5 SECTION 7 – STANDY/ONCALL PAY…………………………………………5
SECTION 8 - UNIFORM/EQUIPMENT ALLOWANCE...................................... 6 SECTION 9 - COURT PAY..................................................................................... 7 SECTION 10 - ASSIGNMENT PAY FOR FIELD TRAINING OFFICER........... 7 SECTION 11 - ASSIGNMENT PAY FOR INVESTIGATOR............................... 8 SECTION 12 - RESIDENCY REQUIREMENT/COMPENSATION .................... 8 SECTION 13 - BILINGUAL PAY........................................................................... 8 SECTION 14 - REIMBURSEMENT FOR DAMAGED PERSONAL ITEMS...... 8 SECTION 15 – EDUCATION PAY ........................................................................ 9
ARTICLE III
EMPLOYEE PERFORMANCE
SECTION 1 - PERFORMANCE EVALUATION............................................................9 SECTION 2 - PROBATIONARY STATUS..........................................................10 SECTION 3 - PROMOTIONAL STATUS............................................................10
ARTICLE IV
BENEFITS
SECTION 1 - HEALTH INSURANCE .................................................................10 SECTION 2 - EMPLOYEES' ASSISTANCE PROGRAM (EAP) .......................11 SECTION 3 - PUBLIC EMPLOYEES RETIREMENT SYSTEM (P.E.R.S).......11 SECTION 4 - DEFERRED COMPENSATION PROGRAMS.............................11 SECTION 5 - STATE DISABILITY INSURANCE .............................................12 SECTION 6 – LIFE INSURANCE PREMIUM………………………………….12
ARTICLE V
LEAVES
SECTION 1 - VACATION LEAVE ......................................................................12 SECTION 2 - SICK LEAVE ..................................................................................13 SECTION 3 - COMPENSATORY LEAVE ..........................................................14 SECTION 4 - HOLIDAY LEAVE.........................................................................15 City of King and KCPSA Memorandum of Understanding Page iv SECTION 5 - BEREAVEMENT LEAVE .............................................................16 SECTION 6 - WORKER COMPENSATION LEAVE ..... ...................................16 SECTION 7 - MILITARY LEAVE........................................................................16 SECTION 8 - LEAVE OF ABSENCE WITHOUT PAY/FAMILY MEDICAL LEAVE ACT/CALIFORNIA FAMILY RIGHTS ACT ................17 SECTION 9 - TRAINING LEAVE........................................................................17 SECTION 10- TIME OFF FOR VOTING.............................................................17 SECTION 11- STEWARD LEAVE.......................................................................18
ARTICLE VI
LAYOFF
SECTION 1 - PREREQUISITE FOR LAYOFF ...................................................18 SECTION 2 - ORDER OF LAYOFF .....................................................................19 SECTION 3 - VOLUNTARY DEMOTION..........................................................19 SECTION 4 - RECALL..........................................................................................19
ARTICLE VII
NON-DISCRIMINATION..........................................................................................20
ARTICLE VIII
HEALTH AND SAFETY
SECTION 1- SAFETY RESPONSIBILITIES.......................................................20
ARTICLE IX
GRIEVANCE PROCEDURE
SECTION 1 - GRIEVANCE DEFINED................................................................21 SECTION 2 - INFORMAL DISCUSSION OF GRIEVANCE ............................21 SECTION 3 - FORMAL GRIEVANCE PROCEDURE .......................................21 SECTION 4 - NON-DEPARTMENTAL GRIEVANCE.......................................23 SECTION 5 - REPRISALS ...................................................................................23
ARTICLE X
DISCIPLINE AND DISCHARGE
SECTION 1 - JUST CAUSE .................................................................................23 SECTION 2 - CAUSES FOR DISCIPLINARY ACTION....................................24 SECTION 3 - WRITTEN NOTICE........................................................................25 SECTION 4 - EMPLOYEE REVIEW ..................................................................25 SECTION5 – ADMINISTRATIVE APPEAL .......................................................25 SECTION 6 - REPRESENTATION ......................................................................26 SECTION 7 - NOTICE OF WITNESSES .............................................................26 SECTION 8 - FAILURE OF EMPLOYEE TO APPEAR AT HEARING ...........26 SECTION 9 - RELEASE OF INFORMATION ....................................................26 SECTION 10 - DECISION.....................................................................................26 SECTION 11 - PROVISIONS NOT APPLICABLE ............................................27
ARTICLE XI
APPEAL PROCEDURES
City of King and KCPSA Memorandum of Understanding Page v SECTION 1 - REQUEST FOR DISCIPLINARY HEARING ..............................27 SECTION 2 - SCHEDULING OF DISCIPLINARY HEARING .........................27 SECTION 3 - HEARING OFFICER......................................................................28 SECTION 4 -REPRESENTATION AT DISCIPLINARY HEARING.................28 SECTION 5 - BURDEN OF PROOF AND EVIDENCE......................................28 SECTION 6 - CONDUCT OF DISCIPLINARY HEARING................................29 SECTION 7 - HEARING OFFICER'S DECISION...............................................29 SECTION 8 - EFFECTS OF CERTAIN DISCIPLINARY ACTIONS.................29
ARTICLE XII
CITY RIGHTS
SECTION 1 - EXCLUSIVE MANAGEMENT RIGHTS AND AUTHORITY ...29
ARTICLE XIII
ASSOCIATION RIGHTS
SECTION 1 - PERSONNEL FILES.......................................................................31
ARTICLE XIV
MODIFICATION AND DURATION
SECTION 1 – SEVERABILITY............................................................................31
ARTICLE XV
KCPSA RESPONSIBILITIES
SECTION 1 - SERVICE TO THE COMMUNITY ...............................................31
ARTICLE XVI
DEFINITION OF TERMS..........................................................................................32 APPENDIX A..............................................................................................................35 APPENDIX B..............................................................................................................36 SIGNATURES………………………………………………………………………34
City of King and KCPSA Memorandum of Understanding Page 1
ARTICLE I
RECOGNITION
SECTION 1 - ADMINISTRATION
1.1 The City of King (hereinafter the "City") recognizes the City of King Police Sergeants' Association (hereinafter "KCPSA"), in all matters concerning wages, hours and working conditions.
1.2 This Memorandum of Understanding (MOU) is all-encompassing and supersedes all previous Memoranda of Understanding entered into between the City and KCPSA.
1.3 It is agreed that this Memorandum of Understanding (MOU) was negotiated pursuant to Chapter 10 (Section 3500 et Seq.) of Division 4, Title 1 of the Government Code and pursuant to Resolution No. 05-4122 Employer - Employee Relations Resolution of the City of King.
1.4 The KCPSA has been recognized by the City as the majority representative of an employee representations unit consisting of permanent and probationary full-time, employees with the classifications of Police Sergeant.
1.5 Any new, full time, sworn classification, approved by the City Council, whose position is supervisorial in nature, shall be represented by KCPSA.
1.6 The KCPSA recognizes the City Manager and/or designee as the exclusive representative of the City for purposes of executing this MOU.
1.7 The City and the KCPSA agree to make a good faith effort to ensure that all rules, policies, and procedures are uniformly and consistently applied through City service.
SECTION 2 - PAYROLL DEDUCTION
2.1 The City agrees to provide a payroll deduction plan for members of the KCPSA with respect to union dues.
2.2 KCPSA has the sole and exclusive right to have union dues deducted by the City for all employees in this bargaining unit.
2.3 The City shall, without charge, pay to KCPSA upon deduction, all sums so deducted from the wages of employees within this bargaining unit.
2.4 The City agrees to deduct as a single bi-weekly deduction, membership dues for KCPSA represented City employees and any other such deductions mutually approved by the City and the KCPSA Board of Directors and authorized, in writing, by the individual members of KCPSA. No deductions shall be taken from the third paycheck of the month, which occurs twice each calendar year.
City of King and KCPSA Memorandum of Understanding Page 2
2.5 No employee shall be obligated to pay membership dues to KCPSA until the first of the month following thirty (30) calendar days after the employee is hired or joins KCPSA.
2.6 Any and all Agency fees, if any, ceased and shall not be deducted from and after June 27, 2018, in compliance with Janus v. AFSCME.
2.7 Any changes in previously authorized deduction amounts shall be initiated by KCPSA no more than once per month and shall provide the city thirty (30) calendar days’ notice.
2.8 An employee, who has previously authorized the City to make KCPSA deductions and who wishes to cancel such authorization, may do so only in writing through the KCPSA office at any time. It shall be the responsibility of KCPSA to forward such written cancellation and notice to the City on a timely basis. Unauthorized deductions shall be the responsibility of KCPSA.
2.9 When the member has no earnings during a particular pay period, no membership dues, deductions, or any other authorized deductions shall be withheld from future earnings to cover that period.
2.10 It is further agreed that KCPSA shall indemnify and hold the City harmless against any and all claims, demands, suits or other forms of liability that shall arise out of, or by reason of, action taken or not taken by the City for the purpose of complying with provisions of this Section.
2.11 The City shall notify the designated bargaining unit representative in writing or via email regarding new hires at least ten (10) calendar days prior to the employee’s orientation unless there is an urgent need to hire such individual with less notice that was not reasonably foreseeable or the determination of hire was made with less than ten (10) days’ notice. Within the earlier of thirty (30) calendar days after the date of hire or by the first pay period of the month following the hire of each newly hired employee, the City will provide the bargaining unit representative or shop steward with the new employee’s name, job title, department, work location, home mailing address, personal email, and work, home and personal cell phone numbers except that per Government Code Section 6254.3, the City will not provide KCPSA with the home address or any phone number on file with the City of any employee performing law enforcement-related functions, and the City will not provide the bargaining unit with any home address, home telephone number, personal cellular telephone number, or personal email address of any employee who has made a written request to the City regarding non-disclosure of said information.
2.12 In compliance with California’s AB 119, new hires in the bargaining unit represented by KCPSA may receive a union card with her/his new employee orientation packet. KCPSA shall be permitted one (1) hour after each new hire orientation session to talk to new Unit members to explain rights and benefits under the MOU.
City of King and KCPSA Memorandum of Understanding Page 3
2.13 Upon any change of bargaining unit officers or shop stewards, KCPSA shall provide City with a current list of all bargaining unit representatives/officers and shop stewards and each members’ contact information including name, address, title, worksite, phone numbers and email addresses, in writing, within thirty (30) days of such change.
ARTICLE II
COMPENSATION
SECTION 1 - SALARY
1.1 The City shall increase the salary amounts seven percent (7%) over the term of this contract for KCPSA employees as follows:
a. Effective first full pay period of July 2025, three and one-half percent (3.5%) base pay increase.
b. Effective first full pay period of July 2026, three and one-half percent (3.5%) base pay increase.
SECTION 2 - SALARY ADVANCEMENT
2.1 Salary advancement shall mean a pay rate increase given to an employee, contingent upon an overall rating of "Meets Job Requirements" or better on an annual performance evaluation, within the pay range established for the employee's classification.
2.2 The City shall retain the flexibility to hire employees with exceptional skills, experience, or qualifications at a pay rate above the Step A.
2.3 The City's full-time pay range consists of seven (7) merit steps, A through G.
2.4 Effective July 1, 2021, employees will no longer receive longevity pay. Any employee receiving longevity pay at that time will advance one step in the pay range and will continue to be eligible for their next merit step increase on their normal anniversary date.
SECTION 3 - ACTING DUTY PAY
3.1 The City Manager may appoint an employee to acting duty status to perform the duties of a higher classification that is a vacant or newly created classification.
3.2 An employee may serve in acting duty status only until such time as the City Manager makes a regular appointment to the classification or until such time as the incumbent employee returns to work or until a maximum of nine hundred sixty (960) hours.
3.3 An acting duty appointment may be effective for a period of thirty (30) days. The City Manager may extend an acting duty appointment at his/her discretion.
City of King and KCPSA Memorandum of Understanding Page 4
3.4 An employee appointed to acting duty status shall be paid a pay rate not less than the minimum pay rate in the pay range for the acting duty classification, and such acting duty pay rate shall be at least five percent (5%) more than the employee's prevailing pay rate immediately prior to acquiring acting duty status.
3.5 An employee shall not be paid more than the maximum pay rate in the pay range for the acting duty classification.
3.6 While serving in acting duty status, the employee shall continue to be eligible to receive any pay adjustments or advancements granted to the employee's permanent classification.
3.7 An employee appointed to acting duty status shall receive acting duty pay immediately upon assuming the acting duty position, provided the duration of the assignment is at least a scheduled work shift.
3.8 An employee has the right to refuse any acting duty assignment in writing, with justification, as determined by the Personnel Officer.
3.9 An employee appointed to acting duty status can discontinue the acting duty assignment by notifying the immediate supervisor in writing one (1) week in advance of the employee's intention to return to regular status.
3.10 An employee may be removed from acting duty status after serving in the acting assignment for one (1) workweek, at any time, at the discretion of the City Manager.
SECTION 4 - WORKDAY
4.1 The City and the KCPSA have agreed that the Police Department shall operate on a 3/12 + 10 work schedule. Members assigned to this schedule, shall work eighty (80) hours in a designated payroll period, comprised of five 12-hour days and two 10-hour days.
4.2 The Chief of Police or designee shall reserve the right to change the standard work period in the event a member of the bargaining unit is assigned to administrative duties; a special assignment is required in order to facilitate the operations of the department; and/or department staffing is impacted due to budget reductions or departmental vacancies.
SECTION 5 - OVERTIME COMPENSATION
5.1 Employees are eligible to receive overtime, in either paid or compensatory form, but no employee shall work overtime unless authorized in advance to do so by the Chief of Police or designee.
City of King and KCPSA Memorandum of Understanding Page 5
5.2 Employees shall receive overtime paid at one and one-half (1-1/2) times their prevailing pay rate, or compensatory leave time, credited at one and one-half (1-1/2) hours for the overtime work performed in excess of their designated work day or work period as follows:
a. Work performed in excess of eight (8) hours in a workday in a five (5) day work week;
b. Work performed in excess of ten (10) hours in a workday in a four (4) day work week;
c. Work performed in excess of twelve (12) hours in a day; d. Work performed in excess of forty (40) hours in a workweek.
SECTION 6 - CALLBACK
6.1 Employees called back to work after having completed a normal work shift, or those called out during scheduled days off, shall receive a minimum of two (2) hours of overtime compensation.
6.2 Overtime compensation shall commence at the time an employee reaches the location(s) where he/she has been directed to report.
6.3 Calls to begin a regularly scheduled shift more than one hour prior to the start time of the scheduled shift shall be deemed callbacks.
6.4 Calls to return to work that are received more than one hour after the regularly scheduled end of a shift shall be deemed a callback.
6.5 Telecommunication contacts, initiated by the City after the completion of the employee's workshift, shall be deemed a callback if, and only if, such contacts require a response exceeding 15 minutes.
SECTION 7 – STANDBY/ON-CALL PAY
7.1 Standby/on-call status shall require the employee assigned to:
a. be reachable by telephone or other communications device; b. be able to report to work within sixty (60) minutes or seventy-five (75) miles; and c. refrain from consuming alcohol or any substance that may impair fitness for duty or any activities which might impair his or her ability to perform assigned duties.
7.2 For employees assigned to standby/on-call status, the pay rate shall be:
City of King and KCPSA Memorandum of Understanding Page 6 a. For investigators and School Resource Officers (SROs) performing investigative functions:
Forty dollars ($40) per day on weekdays defined as Monday through Friday; Eighty dollars ($80) per day on weekend days defined as Saturday and Sunday; and Eighty dollars ($80) per day on holidays.
b. For other employees,
Forty dollars ($40) per day on the employee’s regular shift day; Eighty dollars ($80) per day on non-shift days; and
Eighty dollars ($80) per day on holidays.
b. An employee assigned to standby/on-call status shall receive the highest amount listed above that applies to the day of the assignment and only one amount per day to not exceed eighty dollars ($80) per day.
SECTION 7 - UNIFORM/EQUIPMENT ALLOWANCE
7.1 Regular, fulltime police personnel required to acquire and maintain uniforms and equipment in the performance of their duties shall receive an annual allowance of one thousand two hundred dollars ($1,200.00) to be paid in two equal payments, one in the first paycheck in July of each year and the other in the first paycheck in January of each year.
A one-time retroactive payment of one hundred dollars ($100.00) shall be paid to employees hired prior to the first full pay period of July 2025.
7.2 Allowances may be used to acquire and maintain the specific departmental uniform in a neat and proper manner, including any and all officer equipment, uniform supplies or weapons not supplied by the Police Department.
7.3 Upon request, the uniform allowance may be advanced to new members for the initial purchase of uniforms. If the new employee leaves service with the department prior to one year of service, the employee shall be required to pay back the uniform allowance as follows:
Length of Service Payback Schedule
1 – 92 days 100% of allowance
93 – 184 days 50% of allowance
185- 276 days 25% of allowance
Any amount due to the City will be deducted from the employee’s final payment of compensation from City.
7.4 Newly appointed, sworn personnel shall be issued a service pistol, holster and set of hand cuffs, per City standard issue, at City expense.
City of King and KCPSA Memorandum of Understanding Page 7
7.5 City will report to CalPERS $1,200 for acquiring, maintaining, and replacing uniforms to all employees covered under this Agreement who are required to wear uniforms provided by the City. The City will report the total amount of each payment for the initial cost, and/or maintenance, and/or replacement of uniforms, for each employee. The amounts of each payment reported to CalPERS will derive from Section 7.1 of Article II of this agreement.
SECTION 8 - COURT PAY
8.1 The City shall compensate employees as follows:
a. For actual court appearance in the City of King during non-duty hours, three (3) hours minimum of overtime compensation, at time and one-half (1-1/2) rate. b. For actual court appearance outside the incorporated limits of the City of King, during non-duty hours, four (4) hours minimum of overtime pay, at time and one-half (1 1/2) rate.
8.2 Overtime compensation, in either paid or compensatory form, shall be at the election of the employee.
8.3 Court appearance within one (1) hour prior to or after the employee's regularly scheduled workday shall be paid at time and one-half (1-1/2) rate. The hourly court minimum does not apply.
8.4 Employees, placed on standby by the court, shall receive a minimum of two (2) hours overtime compensation at the time and one-half (1-1/2) rate.
8.5 Should an employee on callback, pursuant to Section 6, be called to court, then Section 5 of this article shall apply, and overtime shall be paid in accordance with that Section.
SECTION 9 - ASSIGNMENT PAY FOR FIELD TRAINING OFFICER
9.1 The assignment of Field Training Officer (FTO) is hereby established.
9.2 Field Training Officers shall be assigned at the discretion of the Chief of Police or designee, and officers so assigned must possess an FTO Certification.
9.3 An officer assigned as a Field Training Officer shall receive assignment pay at five percent (5%) of the employee's prevailing pay rate per month, while working as an FTO. The assignment pay shall cease when the employee is not assigned FTO duties.
9.4 The Chief of Police or designee may assign an employee, utilizing a selection method exclusively at the Chiefs discretion.
City of King and KCPSA Memorandum of Understanding Page 8
9.5 The assignment of FTO may be removed from a member at the discretion of the Chief of Police or designee and, unless specifically stated as such, removal of the assignment is not punitive in nature.
SECTION 10 - ASSIGNMENT PAY FOR INVESTIGATOR
10.2 The assignment of Investigator is hereby established.
10.2 Investigators shall be assigned at the discretion of the Chief of Police or designee.
10.3 An officer assigned as an investigator shall receive assignment pay at five percent (5%) of the employee's prevailing pay rate per month while working as an investigator. The assignment pay shall cease when the employee is not assigned investigator duties.
10.4 The Chief of Police or designee may assign an employee, utilizing a selection method exclusively at the Chief’s discretion.
10.5 The assignment of investigator may be removed from a member at the discretion of the Chief of Police or designee and, unless specifically stated as such, removal of the assignment is not punitive in nature.
SECTION 11 - RESIDENCY REQUIREMENT/COMPENSATION
11.1 All members of KCPSA must live within a seventy-five (75) mile radius of the City limits unless approval is granted by the City Manager to reside a farther distance away.
11.2 Probationary employees must meet this requirement as a condition of passing probation unless the approval for a farther distance has been granted by the City Manager.
11.3 All members of KCPSA, whose primary residence is within the 93930-zip code, shall be compensated an additional one hundred fifty dollars $150/month. Primary residence must be an address identified on the member’s valid driver’s license and the address where the member resides the majority of time during non-workdays.
SECTION 12 – BILlNGUAL PAY
12.1 The City shall provide bilingual incentive pay, in the amount of one hundred fifty dollars ($150) per month, to those employees who pass a bilingual proficiency test.
12.2 Proficiency tests shall be given annually, at City expense, to those employees requesting proficiency certification.
SECTION 13 - REIMBURSEMENT FOR DAMAGED PERSONAL ITEMS
City of King and KCPSA Memorandum of Understanding Page 9
13.1 The City recognizes that certain items or personal property may become damaged during the course of regular police duties.
13.2 The City shall consider replacement of any such items on a case-by-case basis, upon recommendation by the Police Chief, provided that such damage occurs while said office is in the performance of his/her police duties.
SECTION 14 - EDUCATION PAY
14.1 Employees who receive educational degrees in a major that relates to or can be demonstrated to enhance the employee’s performance of job responsibilities will be paid an education allowance in addition to their base pay in the amounts identified below. Degrees and/or certificates that are a part of the minimum requirement for a job are specifically excluded from qualifying an employee for this allowance. Eligible employees will receive the following allowance amounts:
AA or POST Intermediate Certification 3%
BA or POST Advanced Certification 5%
MA 5%
Effective January 1, 2022, amounts of education allowance shall be modified as follows:
POST Intermediate Certification 1%
AA or POST Advanced Certification 3%
BA or BS 5%
14.2 As compensation for this adjustment, all employees will receive a two percent (2%) base pay increase on January 1, 2022, which is set forth in Article II, Section 1.1.
14.3 It will be up to the Police Chief, with concurrence of the City Manager, to determine, in advance, if a degree or certificate qualifies the employee for this allowance. Each percentage identified is the total percentage of base pay added and not cumulative if multiple degrees are received.
ARTICLE III
EMPLOYEE PERFORMANCE
SECTION 1- PERFORMANCE EVALUATION
1.1 A written Performance Evaluation shall be completed within thirty (30) days prior to the employee's merit date.
1.2 The Performance Evaluation shall be in a form approved by the City Manager, and shall be signed by the employee, the employee's supervisor, Police Chief and City Manager.
City of King and KCPSA Memorandum of Understanding Page 10
1.3 Each employee's Performance Evaluation shall be discussed with the employee.
SECTION 2 - PROBATIONARY STATUS
2.1 Initial appointments to a position shall be subject to a probationary period of twelve (12) months.
2.2 The probationary period may be extended by the Chief of Police, upon approval of the City Manager, for a period not to exceed six (6) months, should the Chief of Police find that conditions warrant such an extension.
2.3 During the probationary period, the employee may be terminated at any time, without cause and without the right of appeal. Written notice of release shall be furnished by the Chief of Police.
SECTION 3 - PROMOTIONAL STATUS
3.1 Promotional appointments shall be tentative and subject to a probationary period of twelve (12) months.
3.2 The probationary period may be extended for a period of six (6) months, should the Chief of Police find that conditions warrant such an extension.
3.3 During the promotional probationary period, or any extension thereof, the employee may be reduced to previous rank in the promotional appointed position by the Chief of Police without cause, notice of hearing or appeal.
3.4 The Chief of Police or the employee's immediate supervisor, prior to the expiration of the probationary period or any extension thereof, shall serve written notice of such action upon the employee.
ARTICLE IV
BENEFITS
SECTION 1 - HEALTH INSURANCE
1.1 The City will maintain health insurance for employees and their eligible dependents that provides at least the same level of benefits as provided as of 7/1/2019.
1.2 The City shall provide employees with health insurance (medical, dental, and vision) for each full-time employee and eligible dependents.
1.3 The Employee shall pay one hundred sixty-five dollars and fifteen cents ($165.15) per month plus fifty-two dollars and eighty-five cents ($52.85) per month per dependent up to three (3) dependents towards premiums. The amounts paid by the Employee for City of King and KCPSA Memorandum of Understanding Page 11 employee and dependent coverage shall further increase at any time the premium paid by the City to the provider for the primary plan increases Each increase shall be calculated by applying the percentage of the increase experienced by the City up to a maximum of twelve percent (12%) per increase. Increases shall take effect on the date that any rate increase to the City by the primary plan provider takes effect. The City shall pay the remainder of the increase in premium(s).
1.4 Spouse, domestic partner, and dependent coverage shall continue to be available as provided through the City's plan. An employee's spouse, domestic partner and/or dependent children under age twenty-six (26), as well as children over age twenty-six (26) incapable of supporting themselves due to physical or mental disabilities existing prior to obtaining age twenty-six (26), are currently eligible to be enrolled.
SECTION 2 - EMPLOYEES' ASSISTANCE PROGRAM (EAP)
2.1 The City shall offer Employees' Assistance Program in categories to include marriage, family/relationship problems, alcohol/drug abuse, legal matters, financial and credit problems, childcare consultation, and elder care.
2.2 Services shall be provided as defined in the EAP pamphlet on file with the City's personnel officer.
SECTION 3 - PUBLIC EMPLOYEE'S RETIREMENT SYSTEM (P.E.R.S.)
3.1 The City shall enroll all classic employees in the 2% at 50 Plan including, but not limited to the following specific optional public agency contract provisions:
a. A lump sum death benefit of $500;
b. Final compensation calculated as an average of the last consecutive, 36 months of salary;
c. Retirement COLA maximum of 2%.
3.2 Classic employees shall pay 9% of their monthly, pensionable compensation.
3.3 All employees hired on, or after, January 1, 2013 shall be enrolled in CalPERS retirement formula 2.7% @ 57; commonly known as PEPRA. PEPRA employees shall pay 50% of the total normal cost, which shall be determined and set by CalPERS each year.
SECTION 4 - DEFERRED COMPENSATION PROGRAMS
4.1 The City will contribute up to six hundred dollars ($600) per year every December toward deferred compensation. Employee must be in active status at the time of the City contribution. The City will contribute twenty cents ($.20) for every one dollar City of King and KCPSA Memorandum of Understanding Page 12 ($1.00) an employee contributes to deferred compensation. Unit Member has to contribute three thousand dollars ($3,000) per year to realize the maximum City SECTION 5 - STATE DISABILITY INSURANCE
5.1 The City shall enroll employees in the State Disability program.
5.2 The City shall pay 100% of the employee's share of State Disability insurance.
SECTION 6 - LIFE INSURANCE PREMIUM
6.1 The City agrees to provide each full-time employee with term life insurance coverage in the amount of two (2) times annual base salary up to a maximum of one hundred twenty-five thousand dollars ($125,000) subject to the eligibility requirements of the insurance carrier.
ARTICLE V
LEAVES
SECTION 1 – VACATION LEAVE
1.1 Unless the employee's use of vacation leave interferes with departmental operations, the Police Chief shall permit employees to use leave at the employee's discretion under the terms and procedures set forth in this section.
1.2 Employees shall be credited with vacation leave at the following rates:
a. For employees with less than five (5) years of service, 80 hours per year accumulated to a maximum of 240 hours.
b. For employees with five (5) or more years of service, 120 hours per year accumulated to a maximum of 360 hours.
c. For employees with ten (10) or more years of service, 144 hours per year accumulated to a maximum of 420 hours.
d. For employees with fifteen (15) or more years of service, 168 hours per year accumulated to a maximum of 500 hours.
e. For employees with twenty-five (25) or more years of service, 200 hours per year accumulated to a maximum of 600 hours.
1.3 Employees shall not take vacation until employed by the City for six (6) months.
City of King and KCPSA Memorandum of Understanding Page 13
1.4 Requests for vacation leave must be pre-approved by the employee's supervisor and department head. The City encourages employees to take a minimum of ten (10) days of vacation leave, and the City shall not unreasonably deny vacation requests.
1.5 If a prior approved annual vacation request is cancelled by the Police Chief due to an emergency and/or staffing shortage, the Police Chief may grant approval for the employee to accrue vacation above the maximum for a period of sixty (60) days. At the end of the sixty (60) day period, the employee’s total accrued vacation shall be limited to the maximum amount.
1.6 PSA members agree to voluntarily take a minimum of 10 vacation days off annually, taking care to do so in a manner that minimizes operational impact. (Assuming the officer has sufficient minimums to meet this provision.)
1.7 Employees shall not accrue vacation leave during any unpaid leave of absence.
1.8 Employees shall not use less than one (1) hour of vacation leave at any one time.
1.9 Upon termination of employment, the employee shall be compensated 100% for any unused vacation leave. The value of this unused vacation leave shall be calculated at the employee's existing pay rate on the date of the employee's separation from City service.
SECTION 2 - SICK LEAVE
2.1 All full-time employees shall receive 96 sick leave hours per year, accrued at 3.69 hours per payroll period.
2.2 Employees may not use sick leave at their discretion. Sick leave may be used only in cases of actual personal sickness, quarantine, sickness in the immediate family where the employee must provide care to the immediate family member. Sick leave may also be used for medical, dental, and vision appointments.
2.3 When an employee uses sick leave, the Police Chief may require the employee to present, upon return to work, a personal certification and/or doctor's verification indicating that the employee is capable to return to work. In administering this, the City shall, at all times, to the maximum extent possible, respect the privacy of the employee.
2.4 When an employee uses sick leave in excess of three (3) consecutive workdays, the employee shall present upon return to work a medical certification signed by a physician or' licensed medical practitioner verifying the employee's illness.
2.5 When an employee wishes to use accrued sick leave, the employee shall notify the supervisor before, or within one (1) hour after the time set for beginning the work period, of the intended absence due to sickness, unless the employee is incapacitated and physically unable to provide the required notification.
City of King and KCPSA Memorandum of Understanding Page 14
2.6 An employee on sick leave shall regularly inform his/her supervisor of their physical condition.
2.7 Employees shall not accrue sick leave during any unpaid leave of absence.
2.8 Employees shall not use less than one (1) hour of sick leave at any one time.
2.9 Upon termination of employment, an employee whose hire date as a full-time permanent employee is prior to July 1, 2021, shall be compensated for 50% of any unused sick leave.
The value of this unused sick leave shall be calculated at the employee's existing pay rate on the date of the employee's separation from City service.
2.10 Upon termination of employment, an employee whose hire date as a full-time permanent employee is after July 1, 2021, shall receive payment of unused sick leave in direct proportion to the increments and percentages provided in the following formula based upon active service:
a. Less than five (5) years of continuous service and separation in good standing, City does not payout sic hours for the unused accrual.
b. After five (5) years of continuous service and separation in good standing, ten percent (10%) of accumulated sick leave.
c. After ten (10) years of continuous and separation in good standing, twenty percent (20%) of accumulated sick leave.
d. After fifteen (15) years of continuous service and separation in good standing, thirty percent (30%) of accumulated sick leave.
e. After twenty (20) years of continuous service and separation in good standing, forty percent (40%) of accumulated sick leave.
SECTION 3 - COMPENSATORY LEAVE
3.1 Reasonable requests for use of compensatory leave shall not be denied.
3.2 Employees shall not use less than one (1) hour of compensatory leave at any one time.
3.3 Employees may use compensatory leave in conjunction with any other authorized paid leave with approval of the department head.
3.4 The City shall not require an employee to use compensatory time within the same pay period in which it was earned.
3.5 No employee shall accumulate more than one hundred twenty (120) hours of overall compensatory time without specific approval of the City Manager.
City of King and KCPSA Memorandum of Understanding Page 15
3.6 When an employee separates from the City service for any reason, the employee shall be compensated for any accrued compensatory leave at the employee's rate of pay at the date of separation.
SECTION 4 - HOLIDAY LEAVE
4.1 The following days shall be approved City holidays:
January 1 (New Year's Day)
The third Monday in January (Dr. Martin Luther King, Jr. Day) The third Monday in February (President's Day)
The last Monday in May (Memorial Day)
June 19 (Juneteenth)
July 4 (Independence Day)
The first Monday in September (Labor Day)
November 11 (Veteran's Day)
Thanksgiving Day
Day after Thanksgiving
December 24 (Christmas Eve)
December 25 (Christmas)
Every day proclaimed by the President, Governor or Mayor of this City as a public holiday.
4.2 The City shall provide employees holiday pay as stated herein as follows:
a. Employees not scheduled to work on a holiday shall receive time off with pay for eight (8) hours paid at the employee's straight time hourly salary pay rate for any holiday provided in this MOU unless required to report to work by the Police Chief in order to maintain City services.
b. Employees required to work a regularly scheduled shift on a holiday shall receive paid time, calculated at one and one-half (1-1/2) times their hourly salary pay rate, for each hour worked on the holiday, plus four (4) hours of compensatory leave time or four (4) hours of pay at their hourly salary pay rate. c. Employees required to work on a holiday that was not a regularly scheduled workday shall receive eight (8) hours of holiday pay or credited compensatory leave time at the employee’s straight time hourly salary pay rate and paid time, calculated at one and one-half (1 ½) times the employee’s hourly salary pay rate, for each hour worked on the holiday.
d. The provisions of this section apply only to shifts that begin on a holiday provided in this MOU.
4.3 Employees shall be credited with four (4) floating holidays (for a total of 32 hours annually) on January 1 of each calendar year.
City of King and KCPSA Memorandum of Understanding Page 16 a. Floating holidays not taken within the calendar year, January 1 through December 31, shall be forfeited.
b. The Chief of Police, upon approval of the City Manager, may authorize conversion of these hours to cash, if, in the opinion of the Chief of Police, such hours cannot be used due to staffing limitations.
SECTION 5 - BEREAVEMENT LEAVE
5.1 Employees shall be entitled to a maximum of five (5) days bereavement leave per incident.
5.2 Eligibility for bereavement leave shall apply to the death of immediate family members, as defined herein.
SECTION 6 - WORKER COMPENSATION LEAVE
6.1 The City shall provide employees with work related disability leave as defined herein.
6.2 In addition to disability payments required by statute, employees substantially disabled by bodily injury or sickness in the scope of employment shall be paid the additional amount necessary to make their after tax pay equal to the after tax pay they would receive were they not disabled to a maximum of seventeen (17) weeks from the date of disability, or until the City's workers compensation administrator terminates temporary disability either by means of a lump sum settlement or a disability retirement, whichever occurs first.
6.3 Employees, who are still substantially disabled after seventeen (17) weeks, may apply for long term disability.
6.4 The City shall make all reasonable efforts to provide employees with restricted duty assignments when the employee is still substantially disabled after seventeen (17) weeks from the date of disability.
6.5 During the time the employee is substantially disabled, the employee shall continue to accrue annual leave, sick leave, and seniority for purposes of pay adjustments or advancements.
SECTION 7 - MILITARY LEAVE
7.1 The City shall grant military leave to employees as provided in the California Military; and Veterans Code Sections 389 through 295.4.
7.2 Employees on ordered military leave shall receive monthly salary and benefits based upon the following schedule:
a. 3 months of continued salary and benefits for 1-5 years of service.
City of King and KCPSA Memorandum of Understanding Page 17 b. 6 months of continued salary and benefits for 6-15 years of service. c. 12 months of continued salary and benefits for 16 or more years of service.
SECTION 8 - LEAVE OF ABSENCE WITHOUT PAY/ FAMILY MEDICAL LEAVE
ACT/ CALIFORNIA FAMILY RIGHTS ACT
8.1 The City has the authority to grant or deny an employee's request for leave of absence from work without pay, except that the City shall not unreasonably deny a request for unpaid leave due to the medical disability of the employee or a member of his/her immediate family. Any request for unpaid leave must be in writing and submitted prior to the leave.
8.2 An employee on an unpaid leave for 61 days or more shall not accrue seniority for that portion of the leave over 60 days. After the expiration of the unpaid leave, the employee shall be assigned to his/her former classification.
8.3 Probationary employees are not eligible for unpaid leaves of absence, except as required by law. The employee requesting the leave shall state in writing the reasons for the request. In all cases, the City Manager shall retain exclusive authority for approving such leave and its duration. The employee shall have no appeal rights with respect to this decision.
8.4 The City shall comply with the Family Medical Leave Act of 1993 in all respects.
8.5 The City shall comply with the California Family Rights Act of 1993 in all respects.
SECTION 9 - TRAINING LEAVE
9.1 The City may grant a maximum of forty (40) hours of paid leave per fiscal year for employees who attend law enforcement training at their own expense. This leave shall not be deducted from any other leave due the employee.
9.2 All training requests shall be approved by the Chief of Police or designee.
9.3 Duty days and Required Days Office (RDO's) will be adjusted to accommodate the training schedule.
SECTION 10 -TIME OFF FOR VOTING
10.1 The City shall provide employees with time off for voting.
10.2 When an employee claims not to have sufficient time outside of working hours to vote at a statewide election, the employee may, without loss of pay, with the approval of supervisor, use working hours which enable the employee to vote.
City of King and KCPSA Memorandum of Understanding Page 18
10.3 The supervisor may not authorize an employee to use more than two (2) hours from work with pay for voting.
10.4 The authorized time for voting shall be at the beginning or end of work period only, whichever allows the employee the most time for voting and the least time away from work.
10.5 If the employee knows or has reason to believe that time off for voting shall be necessary on election day, the employee must notify his/her supervisor of that fact at least two (2) days in advance.
SECTION 11 - STEWARD LEAVE
11.1 A designated KCPSA steward shall be granted permission, during the course of a work day, to meet, confer with, and/or represent an employee on any/all matters within the scope of this Memorandum of Understanding (MOU).
11.2 Steward leave shall be paid time, if granted during a normal business day.
11.3 Under no circumstances shall the City grant overtime, in either paid or compensatory form, for steward leave.
ARTICLE VI
LAYOFF
SECTION 1- PREREQUISITE FOR LAYOFF
1.1 When, as a result of a reduction in workforce (RIF), it becomes necessary to initiate a layoff of employees affected by this MOU, the following conditions, contained within this Section, shall be prerequisite to such a layoff.
1.2 All non-classified part-time, temporary, seasonal and/or recurrent and probationary employees working in the class shall have been released from the class first.
1.3 All employees in the class have been given the opportunity to seek lateral transfer to existing vacant positions. Such transfer requests shall not be denied except for just cause. The employee shall be required to meet the minimum standards of the class.
1.4 Management shall meet and consult with the representative of KCPSA on alternative courses of action to avoid such layoff.
1.5 Notice of actual layoff shall be given no less than forty-five (45) calendar days before the date of implementation.
City of King and KCPSA Memorandum of Understanding Page 19
1.6 Notice of layoff shall include: classification where layoff is to occur; seniority list by total continuous City seniority of employees in the affected class; list of current vacancies in all classes represented by this MOU.
1.7 Separate notice to any employee in the class who has two (2) or more below standard evaluations within the preceding three (3) years.
SECTION 2 - ORDER OF LAYOFF
2.1 Employees who have two (2) or more below standard annual evaluations within the preceding three (3) years shall be laid off first.
2.2 Next layoff shall occur on the basis of City-wide seniority; the least senior employee based on total continuous employment shall be laid off first and any subsequent layoff shall proceed to the next, least senior employee.
2.3 Where the total and continuous employment of two (2) employees are of the same length, the seniority shall be decided by drawing lots.
SECTION 3 -VOLUNTARY DEMOTION
3.1 An employee affected by a Reduction in Force (RIF) may choose voluntary demotion to avoid layoff.
3.2 Such voluntary demotion may be to a lower or equal class of previous standing or to a lower or equal class in the same occupational grouping.
3.3 If the voluntary demotion causes a layoff in the lower or equal class, such layoff shall follow the provisions of this Article. However, in no event can an employee displace someone with more seniority except as permitted by Section 2.1 of this Article.
SECTION 4 - RECALL
4.1 Employees who laterally transfer, take a voluntary demotion, or are affected by a Reduction in Force pursuant to the provisions of this Article, shall have their names placed on a recall list for the classification of original standing.
4.2 Such a list shall be inverse order of layoff, lateral transfer, or demotion.
4.3 The recall list shall be maintained by the City Manager and shall be used when any vacancy for that class is to be filled.
4.4 The list shall be maintained until all names have been offered an opportunity for recall or at the end of three (3) years, whichever occurs first.
City of King and KCPSA Memorandum of Understanding Page 20
4.5 The appointing authority shall offer appointment to the first name on said list. If the individual accepts, he/she shall be appointed within sixty (60) days.
4.6 The employee may be required to take a medical examination to ensure that the employee is capable of performing the duties of the class.
4.7 The individual shall be required to meet the minimum standards of the class.
ARTICLE VII
NON-DISCRIMINATION
The City shall not discriminate in the treatment of an employee on the basis of race, color, religion, gender, political party or activity, national origin, sexual preference, age, marital status, medical condition (cancer related), pregnancy, or pregnancy related conditions, physical or mental disability, KCPSA activity or KCPSA membership.
ARTICLE VIII
HEALTH AND SAFETY
SECTION 1 - SAFETY RESPONSIBlLlTIES
1.1 The City and the KCPSA shall make a good faith effort to provide and maintain a safe and healthful place of employment.
1.2 Employees shall perform their assigned duties safely using the practices, means, methods, operations, and processes prescribed by law, occupational safety or health standard, City safety order, or safety rules and regulations. Employees shall report any unsafe practices, equipment, or hazardous conditions promptly to their immediate supervisor.
1.3 The City shall not require nor permit any employee to enter in any employment or job site which is not reasonably safe and healthful.
1.4 The City shall not discipline any employee for refusing to perform tasks in the performance of which any law, occupational safety or health standard, or safety order would be violated, and if such violation would create a real hazard to the individual employee.
1.5 The City shall provide all equipment it deems essential, or which is required by law, to complete assigned duties as follows:
Ammunition Ear protectors (upon request)
Handcuffs Riot type helmet (with face shield)
Duty weapon Winter Coat/Raincoat
Duty Belt Belt keepers (4)
OC spray and holder Magazines (x3)
City of King and KCPSA Memorandum of Understanding Page 21 Duty flashlight Handcuff case
Duty holster Plastic cuffs (upon request)
Duty belt key holder CPR assistance kits
Police Portable Radio Police Portable Radio Holder
Concealable ballistic vest certified by the National Institute of Justice (NIJ)
1.6 All equipment provided by the City shall remain the property of the City.
ARTICLE IX
GRIEVANCE PROCEDURE
SECTION 1- GRIEVANCE DEFINED
1.1 Grievance shall be defined as a complaint by an employee that there has been a violation of this MOU.
1.2 The employee, or employees bringing such a claim, shall state in writing, the manner in which the violation affects their wages, hours, working conditions, or job security as specified in this MOU.
SECTION 2 - INFORMAL DISCUSSION OF GRIEVANCE
2.1 When an employee has a complaint, the employee and/or the employee's designated representative shall first informally discuss the matter with the employee's immediate supervisor within ten (10) working days from the incident or decision generating the grievance.
2.2 If after discussion with the immediate supervisor, the complaint has not been satisfactorily resolved, the employee and/or employee's designated representative shall have the right to discuss the complaint with the supervisor's immediate superior.
2.3 If after such a discussion, the complaint has not been satisfactorily resolved, the employee shall have the right to file a formal, written grievance pursuant to Section 3 of this Article.
SECTION 3 - FORMAL GRIEVANCE PROCEDURE
3.1 A formal grievance process shall be used to resolve an employee’s complaint not satisfactorily resolved through Section 2 of this Article.
3.2 An employee shall have the right to present a formal grievance, in writing, within five (5) working days after an unsuccessful resolution of the informal grievance with the immediate supervisor and the immediate supervisor's superior.
3.3 All formal grievances shall state in writing the violation of this MOU and the manner in which it affects the employee's wages, hours, working conditions or job security.
City of King and KCPSA Memorandum of Understanding Page 22
3.4 The formal grievance shall be presented to the employee's supervisor, who shall discuss the grievance with the employee and/or the employee's designated representative, within five (5) working days after receipt of the formal grievance.
3.5 Within ten (10) working days of this discussion, the supervisor shall render a written decision regarding its merits.
3.6 If the supervisor's decision does not satisfactorily resolve the complaint, the employee and/or employee's designated representative may present the formal grievance to the City's designated Employee Relations Officer within ten (10) working days of receipt of the supervisor’s decision.
3.7 The grievance shall be considered resolved and no further review of the subject matter of the grievance shall be permitted under this Article if the employee does not seek further review of the grievance within ten (10) working days after the receipt of the decision of the supervisor.
3.8 Failure of the supervisor to render a written decision on the grievance within ten (10) working days constitutes a decision denying the grievance.
3.9 When the employee presents a formal grievance to the designated Employee Relations Officer, the Employee Relations Officer shall discuss the grievance with the employee and/or the employee's designated representative.
3.10 Within ten (10) working days after receipt of the formal grievance, the Employee Relations Officer shall render a written decision regarding its merits.
3.11 If the decision of the Employee Relations Officer does not resolve the complaint, the employee and/or the employee's designated representative may present the formal grievance to the City Manager within ten (10) working days of receipt of the Employee Relations Officer’s decision.
3.12 The grievance shall be considered resolved and no further review of the subject matter of the grievance shall be permitted under this Article if the employee does not seek further review of the grievance within ten (10) Working days after receipt of the decision of the Employee Relations Officer.
3.13 When the employee presents a formal grievance to the City Manager, the City Manager shall discuss the grievance with the employee and/or the employee's designated representative.
3.14 Within ten (10) working days after receipt of the grievance, the City Manager shall render a written decision regarding its merits.
City of King and KCPSA Memorandum of Understanding Page 23
3.15 The decision of the City Manager shall resolve the grievance and no further review of the subject matter of the grievance shall be permitted within the City's administrative procedures.
3.16 Should the City Manager fail to render a written decision within ten (10) working days, the employee may consider the administrative procedures completed and file for redress of grievances.
3.17 If the decision of the City Manager does not resolve the grievance to the employee's satisfaction, the employee may seek redress of grievances through regular legal channels.
SECTION 4 – NON-DEPARTMENTAL GRIEVANCES
4.1 Grievances resulting from decisions or actions outside the departmental chain-ofcommand shall be initiated first at the department from which a complaint generates and shall follow the procedures as detailed in Section 2 and 3 of this Article.
4.2 When the grievance involves an action or decision of the Personnel Officer, the grievance shall be informally discussed with the Personnel Officer. If the informal discussion does not satisfactorily resolve the grievance, the formal grievance procedure detailed in Section 3 will be initiated with the Personnel Officer and/or City Manager, as appropriate.
SECTION 5 - REPRISALS
5.1 The City shall not institute any reprisals against any employee or designated representative resulting from the use of the grievance procedure.
5.2 The City Manager may designate a third party to serve as the final reviewer for employee grievances.
ARTICLE X
DISCIPLINE AND DISCHARGE
SECTION 1 - JUST CAUSE
1.1 An employee may be suspended without pay, demoted, or discharged for just cause.
1.2 Discipline may be achieved through a permanent or temporary decrease in a step without any loss of work by the employee.
1.3 A step decrease shall not affect the employee's merit date.
1.4 Employees, other than probationary, shall have the right of appeal pursuant to Article X of this MOU.
City of King and KCPSA Memorandum of Understanding Page 24 SECTION 2 - CAUSES FOR DISCIPLINARY ACTION
2.1 The following types of employee conduct may result in disciplinary action up to and including termination. These types are listed only as examples and are not representative or inclusive of all issues that may lead to disciplinary action. a. Omission or willful misrepresentation of material fact or other fraud in securing employment.
b. Substandard performance of work duties and responsibilities. c. Neglect of duties.
d. Insubordination or willful disobedience.
e. Improper use of drugs, including drunkenness on duty; use of illicit drugs while on duty; improper use of prescription medication which can affect performance and judgment while on duty; inability to properly perform work duties as a result of prior drug or alcohol abuse as defined in and under compliance with ADA regulations.
f. Unexcused absence from duty, including but not limited to participation in unlawful strikes or other job actions, such as sick-ins, blue flu, etc. g. Conviction of a felony or misdemeanor involving moral turpitude where the conviction impairs the employee's ability to perform regular job duties. A plea or verdict of guilty, or a conviction following a plea of nolo contendere to a charge of a felony or any offense involving moral turpitude is deemed to be a conviction within the meaning of this section.
h. Discourteous treatment of the public or other employees. i. Continued inability to work effectively and amicably with other employees of the department or those contacted in the course of business, which conduct adversely impacts the operations of the department.
j. Misuse or theft of City property.
k. Inconsistent, incompatible, or conflicting outside employment activity, or enterprise that the employee fails to relinquish after notice to cease. l. Violation of an established departmental rule.
City of King and KCPSA Memorandum of Understanding Page 25 m. Other failure of good behavior either during or outside of duty hours that is of such a nature that it causes discredit to the employee's department or employment.
n. Excessive absenteeism or tardiness.
o. Violation of safety rules and regulations.
SECTION 3 - WRITTEN NOTICE OF DISCIPLINARY ACTION
3.1 Written notice of proposed or final disciplinary action shall be served on the employee either by personal service or by certified U.S. Mail, addressed to the employee at his/her last known address.
3.2 Such notice shall include a statement of the reason(s) for the proposed or final disciplinary action, the charge(s) on which the action is based, and the proposed or final discipline.
3.3 Service shall be deemed complete on the day the employee is personally served, or if service is by certified mail, two days after the notice is deposited in the U.S. Mail.
3.4 Written notice of proposed or final disciplinary action is not necessary for oral and written warnings.
SECTION 4 - EMPLOYEE REVIEW
4.1 At the time written notice of proposed or final disciplinary action is served on the employee, the employee shall be supplied with a copy of the documents and materials upon which the proposed or final disciplinary action is based.
SECTION 5 – ADMINISTRATIVE APPEAL
5.1 The employee may appeal a final disciplinary action to an administrative hearing before the City Manager by providing a written request to the City Manager within ten (10) working days after the notice of final disciplinary action has been served upon the employee as provided in Section 3. The appeal must be in writing and state specifically the reason(s) upon which the appeal is based and the relief being sought. Failure to file an appeal within such time period constitutes a waiver of the right to appeal.
5.2 The City Manager or his/her designee shall conduct an administrative hearing on the appeal filed within thirty (30) days after receipt thereof, or as soon as reasonably possible after the selection of a designee. The hearing may be continued either for the convenience of the employee or the City Manager or his/her designee, for a period not to exceed an additional thirty (30) days from the receipt of the appeal. Written notice of the time and place of the hearing, or any continuance thereof, will be served either personally or by certified U.S. Mail. Such hearings will be conducted in accordance City of King and KCPSA Memorandum of Understanding Page 26 with the provisions of Section 11513 of the Government Code of the State of California, except that the appellant and other persons may be examined as provided in Section 19580 of the Government Code of the State of California. The parties may submit all proper and competent evidence against or in support of the causes.
SECTION 6 - REPRESENTATION
6.1 Any City employee other than those appointed to a management, mid-management or confidential classification shall be permitted to represent another City employee at the administrative hearing of the appeal.
6.2 The appellant shall appear in person at the administrative hearing and may be represented by counsel, a labor representative, or a City employee as provided in Section 6.1 above.
6.3 Such notice of representation must be submitted ln writing by the appellant to the City Manager at least five (5) days prior to the scheduled appeal hearing.
SECTION 7 - NOTICE TO WITNESSES
7.1 The City Manager or his/her designee shall issue notices in the form of subpoenas for the appearance of witnesses for the appellant upon the appellant's written request and at appellant's cost.
7.2 The City Manager or his/her designee may require such costs to be prepaid. Failure to respond or to appear as a witness by a City employee shall constitute an act of insubordination and may subject the employee to disciplinary action.
SECTION 8 - FAILURE OF EMPLOYEE TO APPEAR AT HEARING
8.1 Failure of the appellant to appear at the administrative hearing shall be deemed a withdrawal of the appeal and the disciplinary action shall be final.
SECTION 9 - RELEASE OF INFORMATION
9.1 No information shall be released relative to disciplinary action against employees without prior approval of the City Manager and in accordance with applicable State and Federal law.
SECTION 10 - DECISION
10.1 The City Manager or his/her designee shall render a written decision within fifteen (15) working days after conclusion of the administrative hearing, or within thirty (30) days after post-hearing briefing. The City Manager’s or his/her designee’s decision City of King and KCPSA Memorandum of Understanding Page 27 shall be the final and conclusive administrative decision. A copy of the decision shall be served on the employee either by personal service or by certified U.S. Mail.
10.2 If the disciplinary action against the employee is reversed or modified by the City Manager or his/her designee, the employee may be compensated with back pay, in whole or in part, for the time lost as determined exclusively by the City Manager, as appropriate with the decision.
SECTION 11 - PROVISIONS NOT APPLICABLE
11.1 The provisions of this Article do not apply to reductions in force reductions in pay or reassignments to other classifications that are each part of a general plan to reduce or adjust salaries or positions as the result of budgetary or work considerations which are not the result of disciplinary action.
ARTICLE XI
APPEAL PROCEDURES
SECTION 1- REQUEST FOR DISCIPLINARY APPEAL HEARING
1.1 A non-probationary employee who believes he or she has been suspended, demoted, or terminated without alleged just cause shall have the right to appeal the imposition of that disciplinary action to advisory arbitration pursuant to this Article.
1.2 When an employee or the employee's representative or legal counsel requests a disciplinary appeal hearing, the request shall be in writing, signed by the employee, and provided to the Employee Relations Officer within ten (10) working days after notice of final disciplinary action has been served upon the employee as provided in Article X, Section 3. Any such request shall be addressed to the Employee Relations Officer and shall identify the subject matter of the appeal, the grounds for the appeal, and the relief desired by the employee.
1.3 Unless requested to be open to public by the employee all disciplinary appeal hearings shall be conducted in private.
1.4 If the employee fails to request a disciplinary appeal hearing within the prescribed time, the employee shall have waived the right to a hearing and all rights to further appeal of the disciplinary action.
SECTION 2 - SCHEDULING OF DISCIPLINARY APPEAL HEARING
2.1 The City shall schedule any disciplinary appeal hearing within a reasonable time after receipt of the employee's request by the Employee Relations Officer, considering the availability of a hearing officer, the convenience of the employee and the witnesses, if any.
City of King and KCPSA Memorandum of Understanding Page 28
2.2 The parties, in good faith, will seek to have the full evidentiary arbitration commenced within sixty (60) days of receipt of the employee’s notice of appeal of final discipline, and completed within ninety (90) days. This timeline is not binding but will provide a guideline the parties will in good faith seek to meet.
SECTION 3 - HEARING OFFICER
3.1 The hearing officer shall be a neutral third party for appeals involving suspension, demotion, or termination.
a. The hearing officer shall be selected by mutual agreement. If the parties cannot reach agreement within seven (7) days, then each party shall submit five (5) proposed arbitrators and will then strike nine (9) of them. The first strike shall be determined by a coin toss.
b. The non-prevailing party shall subsequently reimburse the prevailing party for the prevailing party’s half of the hearing officer’s fees. For the purpose of this section, the employee will be considered the prevailing party if the suspension, demotion or termination is overturned in its entirety; the City will be considered the prevailing party if the suspension, demotion or termination is affirmed in its entirety. If the City is the prevailing party, KPSA shall pay the employee’s half of the hearing officer’s fees. If neither party is the prevailing party, as defined above, each party shall bear its one half of the hearing officer’s fees.
SECTION 4 - REPRESENTATION AT DISCIPLINARY APPEAL HEARING
4.1 The employee shall appear in person at the disciplinary appeal hearing and may be represented by KCPSA, legal counsel, or a representative of his/her choice.
4.2 The employee and the City shall have the right to produce and confront witnesses, and to present any relevant oral or documentary evidence.
SECTION 5 - BURDEN OF PROOF AND EVIDENCE
5.1 The City shall have the burden of proof at the disciplinary appeal hearing and shall be required to prove the charges against the employee by a preponderance of the evidence.
5.2 The arbitrator does not need to conduct the hearing according to the technical rules of evidence but may use them as a guide. Further, the arbitrator can allow hearsay only when used to corroborate direct evidence.
City of King and KCPSA Memorandum of Understanding Page 29 SECTION 6 - CONDUCT OF DISCIPLINARY APPEAL HEARING
6.1 The conduct of the disciplinary appeal hearing shall be under the control of the hearing officer with due regard for the rights and privileges of both parties.
6.2 During the examination of a witness, the hearing officer may exclude from the hearing, any and all witnesses.
6.3 The hearing officer shall have the power to issue subpoenas to compel the attendance of witnesses or the production of documents.
6.4 Disciplinary hearings shall be recorded.
SECTION 7 - HEARING OFFICER'S DECISION
7.1 Within forty-five (45) calendar days after the conclusion of the disciplinary appeal hearing, including final briefing, the hearing officer shall issue a non-binding written decision containing findings of fact and conclusions of law.
7.2 The City Manager shall issue a final administrative decision within thirty (30) calendar days of receipt of the hearing officer’s proposed decision.
7.3 The City Manager may adopt, reject, or modify the decision, or request additional evidence as deemed necessary.
7.4 Per CCP section 1094.5, et seq., within ninety (90) days of receipt of the City Manager’s final administrative decision, either party may challenge the final administrative decision via writ of administrative mandamus.
SECTION 8 - EFFECTS OF CERTAIN DISCIPLINARY ACTIONS
8.1 The provisions of the Public Safety Officers Procedural Bill of Rights (California Government Code Sections 3300-3311) and other applicable state laws and court decisions shall determine the effects of any disciplinary action taken with respect to employees represented by this Memorandum of Understanding.
ARTICLE XII
CITY RIGHTS
SECTION 1 - EXCLUSIVE MANAGEMENT RIGHTS AND AUTHORITY
1.1 The City shall retain the exclusive right to manage and direct the performance of City services and the work force performing such services.
1.2 The following matters shall be within the exclusive management authority of the City.
City of King and KCPSA Memorandum of Understanding Page 30 a. Determine issues of public policy;
b. Determine and change the facilities, methods, means and personnel by which City operations are to be conducted;
c. Expand or diminish City services;
d. Determine and change the number of locations, relocations, and types of operations and the processes and materials to be employed in providing all City Services including but not limited to the right to contract or outsource any work or operation;
e. Determine the size and composition of the work force, to assign work to employees in accordance with requirements as determined by the City, and to establish and change work assignments;
f. Determine job classifications;
g. Appoint, transfer, promote, demote, and lay off employees for lack of work or financial resources;
h. Initiate disciplinary action;
i. Determine policies, procedures, and standards for selection, training, and promotion of employees;
j. Establish employee standards, including but not limited to quality and quality standards;
k. Maintain the efficiency of governmental operations;
l. Exercise complete control and discretion over its organization, and the technology of performing its work and services;
m. Establish reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable in the performance of City services; and n. Determine any and all necessary actions to carry out its mission in emergencies.
1.3 The exclusive decision-making authority of the City and its management on matters involving City rights and authority shall not, in any way, directly or indirectly, be subject to the grievance procedure.
City of King and KCPSA Memorandum of Understanding Page 31
ARTICLE XIII
ASSOCIATION RIGHTS
SECTION 1 - PERSONNEL FILES
1.1 Employees, or KCPSA representatives with written permission from the employee, may inspect the employee's personnel files upon request to the Chief of Police.
1.2 Such requests shall be made at reasonable intervals within regular working hours.
1.3 Copies of the personnel file contents shall be provided to the employee at no cost.
1.4 Employees shall be notified if a member of the public requests information from the employee's file.
ARTICLE XIV
MODIFICATION AND DURATION
SECTION 1 - SEVERABILITY
Notwithstanding any other provisions of this MOU, in the event that any Article, Section, or Subsection of this MOU shall be declared invalid by any court or by any State or Federal law or regulation or should a decision by any court or any State of Federal law or regulation diminish the benefits provided by this MOU, or impose additional obligations on the City, the City and the Association shall meet and confer on the affected Article, Section or Subsection.
In such event, all other Articles, Sections or Subsections of this MOU not affected shall continue in full force and effect.
ARTICLE XV
KCPSA RESPONSIBILITIES
SECTION 1 - SERVICE TO THE COMMUNITY
1.1 Recognizing the crucial role of law enforcement in the preservation of the public health,safety, and welfare of a free society, the King City Police Sergeants Association agrees that is will take all reasonable steps to cause the employees represented by this Agreement individually and collectively, to perform all police duties.
1.2 The KCPSA, therefore, agrees that there shall be no interruption of these services for any cause whatsoever by the employees it represents; nor shall there by any concerted failure by them to report for duty; nor shall they absent themselves from their work or abstain, in whole or in part, from the full, faithful, and proper performance of all the duties of their employment.
City of King and KCPSA Memorandum of Understanding Page 32
1.3 The KCPSA further agrees that it shall not encourage any strikes, sit, slow-downs, speedup, stoppages of work, malingering or any acts that interfere in any manner or to any degree with the continuity of the police services.
ARTICLE XVI
DEFINITION OF TERMS
ACTING DUTY
The temporary assignment of an employee to a higher paid classification to perform the major, essential duties of the classification.
CLASSIFICATION
A position or positions that describes the duties, responsibilities, and qualifications for that classification.
WORKDAY
A calendar day of 24 hours.
DEPARTMENT HEAD
An individual assigned to any of the following classifications: City Manager, Chief of Police, Administrative Services Manager.
EMPLOYEE
An individual compensated through the City payroll and appointed to one of the classifications listed in Appendix A.
FULLTIME
The work period of an employee in the classified service in a classification approved by the City Council to work 40 hours in a designated work week.
IMMEDIATE FAMILY
Shall include an employee's spouse, domestic partner as defined by law, children, parents, brothers, sisters, grandparents, grandchildren, parents-in-law; brothers-in-law, sisters-in-law, sons-in-law, daughters-In-law, the employee's spouse's children or any relative, including a foster child living in the immediate household.
LEAVE
An authorized absence from work.
MANAGEMENT
An employee assigned to any of the following classifications:
City Manager, Chief of Police or Administrative Services Manager.
POSITION
The duties and responsibilities assigned to an employee within a classification.
City of King and KCPSA Memorandum of Understanding Page 33
PREVAILING RATE
The basic pay rate within a pay range paid to an employee for the performance of the duties of a classification.
SENIORITY
A status acquired by an employee based on the employee's period of continuous service in a particular job classification for the City.
[signatures begin on next page]
City of King and KCPSA Memorandum of Understanding Page 34
SIGNATURES
For the City:
Date: ___, 2025
Steven Adams, City Manager
Date: ___, 2025
Mike Howard, Finance Director
For the Association:
Date: ___, 2025
Anthony Shaw, President
Date: __, 2025
Craig MacDonald, Association Negotiator
City of King and KCPSA Memorandum of Understanding Page 35
APPENDIX A
Positions affected by this Memorandum of Understanding include:
Police Sergeant.
City of King and KCPSA Memorandum of Understanding Page 36
APPENDIX B
SALARY SCHEDULES
EFFECTIVE FIRST FULL PAY PERIOD IN JULY 2025 (3.5% Increase)
A B C D E F G
$116,071.07 $121,874.62 $127,968.35 $134,366.77 $141,085.11 $148,139.36 $155,546.33 EFFECTIVE FIRST FULL PAY PERIOD IN JULY 2025 (3.5% Increase)
A B C D E F G
$120,133.56 $126,140.24 $132,447.25 $139,069.61 $146,023.09 $153,324.24 $160,990.46 Item No. 9(F)
REPORT TO THE CITY COUNCIL
DATE: OCTOBER 28, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DOREEN LIBERTO, COMMUNITY DEVELOPMENT DIRECTOR
RE: CONSIDERATION OF A LETTER ACKNOWLEDGING AND
SUPPORTING CHISPA APPLYING FOR DISASTER RECOVERY
FUNDING
RECOMMENDATION:
It is recommended the City Council authorize the Community Development Director to sign the attached letter acknowledging and supporting Chispa’s application for Disaster Recovery Funding.
BACKGROUND:
On August 30, 2005, the City Council approved the Mills Ranch Specific Plan (Specific Plan) and the Mills Ranch Design Manual (Design Manual). The Specific Plan requires the development of 40 affordable apartment units, known as the Garden Apartments. The Community Housing Improvement System and Planning Association, Inc. (CHISPA) will be responsible for constructing these units.
On August 4, 2020, the Planning Commission approved the architectural design for the Garden Apartments (Architectural Review Permit Case No. P20-000-004).
CHISPA is now applying for $20,000,000 in Disaster Recovery Funding. The State Department of Housing and Community Development (HCD) has requested that CHISPA submit a letter to the City asking the City Council to acknowledge receipt of the correspondence and express support for the funding application.
DISCUSSION:
The California Disaster Assistance Act (CDAA) provides state financial assistance to cities, counties, and certain nonprofit organizations following the declaration of a state disaster. The funding is designed not only to aid in recovery
CITY COUNCIL
CONSIDERATION OF LETTER ACKNOWLEDGING AND SUPPORTING
CHISPA’S APPLICATION FOR DISASTER RECOVERY FUNDING
OCTOBER 28, 2025
PAGE 2 OF 3
efforts but also to increase housing availability in counties recently impacted by federally declared disaster events.
This funding round prioritizes shovel-ready housing projects. Since the project has not yet secured tax credits, CHISPA is pursuing this NOFA to obtain the remaining funds necessary to begin construction. Monterey County qualifies as a federally declared disaster area due to the 2023 winter storms and 2024 severe storm and flooding events. Approximately $137.8 million in CDAA funds are available for multifamily housing construction in these designated areas.
CHISPA is requesting $20 million in CDAA funds, structured as a loan with 3% simple interest and deferred payments for 55 years, consistent with other Mills Ranch Affordable Housing Project financing terms.
Current Secured and Committed Funding
• King City PLHA – $126,187
• HCD Joe Serna – $4,299,335
• Alliance for Health – $1,000,000
• King City Fee Waivers – $66,825.48
• TAMC Fee Waivers – $29,498.08
• HCD AHSC – $7,596,474
• HCD AHSC HRI – $238,968
• LISC Grant – $14,408
• GP Equity – $100
Additional Pending Funding
• Chase Permanent Loan
• HCD Home – CHISPA expects to receive confirmation in December; preliminary feedback indicates a likely award of approximately $4,500,000. • Deferred Developer Fee (if needed)
COST ANALYSIS:
No financial impact from this action.
Exhibit 1
EXHIBIT 2
October 29, 2025
Jake Martinez-Parry, Project Manager
CHISPA, Inc.
Cell: 831-682-7245
295 Main Street, Suite 100
Salinas, CA 93960
RE: RECEIPT OF LETTER REGARDING HCD DISASTER RECOVERY FUNDING Dear Jake,
Thank you for notifying the City of King that CHISPA intends to apply for HCD Disaster Recovery Funding for the Mills Ranch Apartments development. On behalf of the City, I am writing to confirm that on October 28, 2025, the City Council voted to fully support CHISPA’s application for this funding.
The Mills Ranch Apartments project includes 40 affordable housing units located at 691 Brandywine Lane, 235 Ermosa Way, 147 Ermosa Way, 260 Legacy Drive, and 164 Legacy Drive in King City.
The Mills Ranch Specific Plan, adopted by the City in 2005, designated this site for inclusionary rental housing. The City completed CEQA review for the apartment parcels in March 2005, concurrent with adoption of the Specific Plan.
CHISPA has designed the apartment complex in full accordance with the Mills Ranch Specific Plan Pattern Book. To support the project, the City has committed $126,187 in PLHA funds and a $66,825 impact fee loan. In addition, the City will construct a bike path connection linking the Mills Ranch Apartments to the existing City bike path, utilizing AHSC funding secured by CHISPA.
The City approved the project’s design and entitlements in April 2025, and the development is now shovel-ready.
Sincerely,
Doreen Liberto, AICP
Community Development Director
4915-1584-4212 v1
Item No. 10(A)
REPORT TO THE CITY COUNCIL
DATE: OCTOBER 28, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF INTRODUCTION OF AN ORDINANCE OF
AMENDING CHAPTER 15.44 OF TITLE 15 OF THE KING CITY
MUNICIPAL CODE PERTAINING TO SEWER-COLLECTION OF
FEES AND CHARGES
RECOMMENDATION:
It is recommended the City Council introduce to be read by title only an Ordinance amending provisions of Chapter 15.44 of Title 15 of the King City Municipal Code pertaining to sewer-collection of fees and charges, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.
BACKGROUND:
The City recently took over billing for its wastewater system fees and charges.
As part of the takeover of the billing, staff reviewed the sewer collection of fees and charges section of the King City Municipal Code. Based upon staff review, several edits were identified which will enable the City and staff to better administer the collection of wastewater fees and charges.
DISCUSSION:
The proposed Ordinance amendment is presented at this time for Council consideration and introduction of the Ordinance amendment is recommended.
The primary changes proposed in the Ordinance include the following:
Section 15.44.070 Overdue Payment-Penalty.
A. Date Payment Due. Bills for the charges made pursuant to this division and penalties, if any, are due and payable on the date of billing and become delinquent twenty-one (21) days after the date of such billing.
CITY COUNCIL
CONSIDERATION OF INTRODUCTION OF AN ORDINANCE OF AMENDING CHAPTER 15.44 OF TITLE 15 OF THE KING CITY MUNICIPAL CODE
PERTAINING TO SEWER-COLLECTION OF FEES AND CHARGES
OCTOBER 28, 2025
PAGE 2 OF 3
4915-1584-4212 v1
B. Penalties. A penalty of ten (10%) percent shall be assessed on all unpaid bills twenty-one (21) days after the billing date.
Section 15.44.090 Lien or Special Assessment.
All unpaid penalties, fees, fines and costs imposed by Chapter 15.40 may be confirmed by the city council as a special assessment and collected with property taxes or as a judgment lien upon the respective premises from which sewage and/or industrial waste emanates. Owners of premises subject to such lien may be entitled to reimbursement by any non-owner tenant or other occupant of the premises who produced such sewage and/or waste based upon their private contractual relationship, lease or rental agreement. A special assessment and/or lien shall comply with procedural provisions established within Chapter 7.51, Section 7.51.709 of the King City Municipal Code.
Section 15.44.100 Recordation of Notice of Lien or Special Assessment. (a) Recordation. Immediately upon the city council’s confirmation of costs or penalties, the city clerk shall record a notice of special assessment and lien in the office of the county recorder, which shall constitute a lien on that property for the amount of the assessment, except that if any real property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of taxes that included the special assessment imposed under this section would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to real property and the costs of abatement and enforcement relating to the property shall be transferred to the unsecured roll for collection. (b) Collection with Taxes. After confirmation and recordation, a copy may be turned over to the Monterey County tax collector. At that point, it will be the duty of the tax collector to add the amounts of the respective assessments to the next regular tax bills levied against the lots and parcels of land for municipal purposes. Those amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and procedures and sale in the cases of delinquency as provided for with ordinary municipal taxes. (c) Priority. A special assessment and lien imposed under this article shall have the priority of a tax lien, unless prohibited by state law, in which case the special assessment and lien shall have the priority of a judgment lien.
It is staff’s recommendation to establish a process for delinquent wastewater accounts similar to that implemented last year for past due Waste Management refuse collection accounts. This will provide a benefit to the City from assuming control of the wastewater billing because it has been Cal Water’s policy to apply late payments first to water service charges and then to wastewater charges only after the water service charges are fully paid. As a result, if the City is
4908-0418-8276 v1
ORDINANCE NO. 2025-839
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KING ESTABLISHING CHAPTER 15.44 OF TITLE 15 OF THE KING CITY MUNICIPAL CODE
PERTAINING TO SEWERS-COLLECTION OF FEES AND CHARGES
WHEREAS, the City of King (“the City”) has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City, California Constitution Article XI, section 7; and
WHEREAS, pursuant to the City’s express statutory authority and its inherent police power, the City desires to enact reasonable regulations for the establishment of the fees charges and collection of said fees and charges for the use of the City’s sewer system and the failure to timely pay the fees and/or charges.
NOW THEREFORE, the City Council of the City of King does hereby ordain as follows:
SECTION 1. The above recitals are incorporated hereto by reference as if fully restated.
SECTION 2. The Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment. (CEQA Guidelines § 15061(b)(3).) Further, the adoption and implementation of this Ordinance is not a project, as defined in CEQA Guidelines section 15378, because it has no potential for resulting in physical change to the environment, either directly or indirectly, and is therefore not subject to environmental review under CEQA pursuant to CEQA Guidelines section 15060(c)(3).
SECTION 3. Chapter 15.44, of Title 15, of the King City Municipal Code is hereby amended to read as follows:
Chapter 15.44
SEWERS – COLLECTION OF FEES AND CHARGES
Section 15.44.070 Overdue Payment-Penalty.
A. Date Payment Due. Bills for the charges made pursuant to this division and penalties, if any, are due and payable on the date of billing and become delinquent twenty-one (21) days after the date of such billing.
B. Penalties. A penalty of ten (10%) percent shall be assessed on all unpaid bills twenty-one (21) days after the billing date.
Section 15.44.090 Lien or Special Assessment.
All unpaid penalties, fees, fines and costs imposed by Chapter 15.40 may be confirmed by the city council as a special assessment and collected with property taxes or as a judgment lien upon the respective premises from which sewage and/or industrial waste emanates. Owners of premises subject to such lien may be entitled to reimbursement by any non-owner tenant or other occupant of the premises who produced such sewage and/or waste based upon their private contractual relationship, lease or rental agreement. A special assessment and/or lien shall comply EXHIBIT 1
4908-0418-8276 v1
with procedural provisions established within Chapter 7.51, Section 7.51.709 of the King City Municipal Code.
Section 15.44.100 Recordation of Notice of Lien or Special Assessment. (a) Recordation. Immediately upon the city council’s confirmation of costs or penalties, the city clerk shall record a notice of special assessment and lien in the office of the county recorder, which shall constitute a lien on that property for the amount of the assessment, except that if any real property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of taxes that included the special assessment imposed under this section would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to real property and the costs of abatement and enforcement relating to the property shall be transferred to the unsecured roll for collection. (b) Collection with Taxes. After confirmation and recordation, a copy may be turned over to the Monterey County tax collector. At that point, it will be the duty of the tax collector to add the amounts of the respective assessments to the next regular tax bills levied against the lots and parcels of land for municipal purposes. Those amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and procedures and sale in the cases of delinquency as provided for with ordinary municipal taxes.
(c) Priority. A special assessment and lien imposed under this article shall have the priority of a tax lien, unless prohibited by state law, in which case the special assessment and lien shall have the priority of a judgment lien.
SECTION 4: EFFECTIVE DATE.
This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation.
I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the _____ day of October 2025, and adopted the Ordinance after the second reading at a regular meeting held on the ____ day of October 2025, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
4908-0418-8276 v1
ATTEST
Erica Sonne, City Clerk
CITY OF KING
By:
MIKE LEBARRE, Mayor
APPROVED AS TO FORM:
By:
ROY C. SANTOS, City Attorney
Aleshire & Wynder, LLP
I, ______________________________, City Clerk of the City of King, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of King on the date and by the vote indicated herein.
Item No.11(A)
REPORT TO THE CITY COUNCIL
DATE: OCTOBER 28, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, PUBLIC WORKS DIRECTOR/AIRPORT
MANAGER
RE: CONSIDERATION OF THE AIRPORT CAPITAL IMPROVEMENT PLAN (ACIP) FOR 2027-2031
RECOMMENDATION:
It is recommended the City Council approve Resolution No. 2025-5063 to approve the Airport Capital Improvement (ACIP) for 2027-2031 for Mesa Del Rey Airport and authorize submittal of the ACIP to the Federal Aviation Administration and California Department of Transportation.
BACKGROUND:
The Airport Capital Improvement Plan (ACIP) is the primary financial planning tool used to identify, prioritize and assign Federal funds to airports in order to meet capital project needs. The ACIP includes a proposed 5-year program for planning and development projects for the airport. Airport sponsors apply each year for federal assistance through the ACIP process. They are submitted in sequence by year, and the FAA relies on the ACIP to distribute grant funds under the Airport Improvement Program (AIP). There are other sources of funding such as the Airport Infrastructure Grant (AIG) which is part of the Infrastructure Investment and Jobs Act (IIJA).
Projects that are identified on the ACIP must include an overall estimated cost and breakdown of the federal share component. Each of the capital improvement projects mentioned in the ACIP must also be identified or depicted on the current FAA Approved Airport Layout Plan (ALP) drawing set. The City’s current ALP on record for Mesa Del Rey Airport was conditionally approved by FAA on April 20, 2022.
CalTrans Division of Aeronautics also provides matching grant funds for eligible projects to receive 5% of the FAA grant amount. In order to receive these matching funds, the projects must be included in the adopted Capital Improvement Plan (CIP). Airport
CITY COUNCIL
CONSIDERATION OF THE AIRPORT CAPITAL IMPROVEMENT PLAN (ACIP) FOR 2027-2031
OCTOBER 28, 2025
PAGE 2 OF 3
sponsors are required to enter the updated capital improvement project list annually into the Caltrans database.
DISCUSSION:
On September 17, 2025, staff met with FAA for the annual ACIP meeting where the draft ACIP was reviewed. On October 13, 2025, the Airport Advisory Committee met and discussed the draft ACIP for 2027-2031 and moved to recommend City Council approve Exhibit 1 as proposed. Exhibit 1 for reference also includes the current fiscal year application which was recently funded by FAA through AIP and AIG funding for the PAPI and REILs Airfield Electrical Improvement Project. It also includes the proposed project for FY 2026. The 2026 Pre-Application for a Pavement Management Plan will need to be submitted to FAA by the end of the year for their consideration of next year’s funding availability. It’s important to note that funding is not guaranteed and is dependent on Congressional notification of available funding.
The key projects included in the ACIP focus on the preservation and maintenance of the asphalt on the runways and the taxi ways. It begins with a Pavement Management Plan followed by the design and construction of the asphalt repairs. The projects listed further out in the ACIP will get vetted every year to make sure plan is in line with the Airports priorities.
COST ANALYSIS:
The Airport Capital Improvement Projects are federally funded at 90% with a 10% local match requirement. Sponsors can apply for CalTrans Aviation Matching Funds Grant Program which will pay 5% of the FAA grant funded amount. Therefore, the City will need to budget and fund 5% of each of the project’s costs. Most of the funding will need to come from the General Fund through a transfer to the Airport Fund.
ENVIRONMENTAL REVIEW:
The submittal of the ACIP document 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. Environmental review will be conducted separately for each project. No further action is required under CEQA for City Council action.
ALTERNATIVES:
The following alternatives are provided for the City Council’s consideration:
1. Approve Resolution No. 2025-5063 which approves the ACIP 2027-2031 and authorizes the submittal to FAA and Caltrans;
ACIP Proposed Funding & Sequence Summary (2027-2031)
Airport: Mesa Del Rey AirportDate: September 29, 2025
FY and Fund Type Project Description (include phase)
Delivery
Method
(CMGC/DB
B/ DB)
Expected BID
Date
Total Project
Cost
AIP Non-Primary
Entitlement
Amount
Requested
AIP Primary
Entitlement
Amount
available
AIP - Cargo
Entitlement
available
AIP -
Discretionary
Amount
requested
AIP -
Noise/ZEV/VALE
or Supplemental
AIG Amount
Requested
BIL ATP/FCT
Competitive
Amount
Requested
Federal Share
Grant Total Local Share
2025 AIP Project PAPI Runway 11 - Electrical Improvements $161,554 $153,476 $600,000 $153,476 $8,078 2025 Subtotal AIP $161,554 $153,476 $600,000 $0 $0 $0 $0 $0 $153,476 $8,078 2025 AIG REIL Runway 11 - Electrical Improvements $460,324 $449,000 $437,308 $23,0162025 AIG Subtotal $460,324 $0 $0 $0 $0 $0 $449,000 $0 $437,308 $23,016 2025 TOTAL: 2025 Grant Application is Pending Approval by FAA $621,878 $153,476 $600,000 $0 $0 $0 $449,000 $0 $590,784 $31,094 2026 AIP Project Pavement Management Plan with coring $127,450 $121,078 $598,938 $121,078 $6,373 2026 Subtotal AIP $127,450 $121,078 $598,938 $0 $0 $0 $0 $0 $121,078 $6,373 2026 AIG $0 $0
2026 AIG Subtotal $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
2026 TOTAL: 2026 Pre-Application to be submitted by December 31, 2025 $127,450 $121,078 $598,938 $0 $0 $0 $0 $0 $121,078 $6,373 2027 AIP Project Rehabilitation of Runway (Design) $280,000 $252,000 $627,861 $252,000 $28,000 2027 Subtotal AIP $280,000 $252,000 $627,861 $0 $0 $0 $0 $0 $252,000 $28,000 2027 AIG2027 AIG Subtotal $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 2027 TOTAL: $280,000 $252,000 $627,861 $0 $0 $0 $0 $0 $252,000 $28,000 2028 AIP Project Rehabilitation of Runway (Construction) $1,975,244 $525,861 $525,861 $1,251,860 $1,777,720 $197,524 2028 Subtotal AIP $1,975,244 $525,861 $525,861 $0 $1,251,860 $0 $0 $0 $1,777,720 $197,524 2028 AIG Rehabilitation of Runway (Construction) $124,756 $112,280 $112,280 $12,476 2028 AIG Subtotal $124,756 $0 $0 $0 $0 $0 $112,280 $0 $112,280 $12,476 2028 TOTAL: $2,100,000 $525,861 $525,861 $0 $1,251,860 $0 $112,280 $0 $1,890,000 $210,000 2029 AIP Project Rehabilitation of Taxiway B and Apron (Design) $280,000 $150,000 $150,000 $102,000 $252,000 $28,000 2029 Subtotal AIP $280,000 $150,000 $0 $102,000 $0 $0 $0 $252,000 $28,000 2029 AIG $0 $02029 AIG Subtotal $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 2029 TOTAL: $280,000 $0 $150,000 $0 $102,000 $0 $0 $0 $252,000 $28,000 2029 Application2028 Application2025 Application2026 Application2027 Application EXHIBIT 1
2030 AIP Project Rehabilitation of Taxiway B and Apron (Construction) $995,000 $150,000 $150,000 $745,500 $895,500 $99,500 2030 Subtotal AIP $995,000 $150,000 $150,000 $0 $745,500 $0 $0 $0 $895,500 $99,500 2030 TOTAL: $995,000 $150,000 $150,000 $0 $745,500 $0 $0 $0 $895,500 $99,500 2031 AIP Project AWOS (Design) $150,000 $150,000 $135,000 $15,000 2031 Subtotal AIP $150,000 $150,000 $135,000 $15,000
2031 AIG2031 AIG Subtotal
2031 TOTAL: $150,000 $150,000 $0 $0 $0 $0 $0 $0 $135,000 $15,000 2032 AIP Project AWOS (Construction) $400,000 $150,000 $210,000 $360,000 $40,000 2032 Subtotal AIP $400,000 $150,000 $0 $0 $210,000 $0 $0 $0 $360,000 $40,000 2032 TOTAL: $400,000 $150,000 $0 $0 $210,000 $0 $0 $0 $360,000 $40,000 2033 AIP Project
Airport Security Fenceline Design and Environmental Project (Wildlife Hazard) $300,000 $150,000 $120,000 $270,000 $30,000 2033 Subtotal AIP $300,000 $150,000 $270,000 $30,000
2033 TOTAL: $300,000 $150,000 $0 $0 $0 $0 $0 $0 $270,000 $30,000 2030 Application2031 Application2032 Application2033 Application RESOLUTION NO. 2025-5063
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING APPROVING AND
AUTHORIZING THE SUBMITTAL OF THE AIRPORT CAPITAL IMPROVEMENT PLAN (ACIP) 2027 - 2031 TO THE FEDERAL AVIATION ADMINISTRATION (FAA)
AND CALIFORNIA DEPARTMENT OF TRANSPORTATION AVIATION DIVISION (CALTRANS)
WHEREAS, the City of King is the Airport Sponsor for Mesa Del Rey Airport (KIC); and
WHEREAS, the Airport Sponsor shall develop a capital improvement plan and submit it to the FAA Airport Program Manager (ADO) on a yearly basis; and WHEREAS, the FAA Office of Airports uses this data to create a five-year National Plan of Integrated Airport Systems (NPIAS) Report outlining the projects that are eligible and justified for Airport Improvement Program (AIP) funding; and WHEREAS, Caltrans uses this data to publish a ten-year planning document called Capital Improvement Plan (CIP) which is published every odd year that encompasses capital improvement and planning projects for California’s publicly owned airports; and
WHEREAS, the City of King has updated the annual Airport Capital Improvement Plan (ACIP) identifying airport improvement projects for 2027 – 2031 to be filed with the Federal Aviation Administration (“FAA”) and Caltrans Division of Aeronautics; and NOW, THEREFORE, BE IT RESOLVED, that the City of King: 1) Approves and Authorizes the ACIP 2027-2031 as shown in Exhibit 1. 2) Certifies the availability of the City’s matching funds.
BE IT FURTHER RESOLVED by the City Council of the City of King does hereby authorize the Airport Manager to sign any documents required to apply for federal funding on behalf of the City of King Mesa Del Rey Airport.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of King held on October 28, 2025, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
EXHIBIT 2
APPROVED:
_____________________________
Mike LeBarre, Mayor
ATTEST:
__________________________________
Erica Sonne, City Clerk
APPROVED AS TO FORM:
___________________________________
Roy C. Santos, City Attorney
Item No. 11 (B)
REPORT TO THE CITY COUNCIL
DATE: OCTOBER 28, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF FIRST TEE MONTEREY COUNTY
OPERATIONAL AGREEMENT
RECOMMENDATION:
It is recommended the City Council: 1) approve and authorize the City Manager to execute an amendment to the contract services agreement with Future Citizens Foundation DBA (First Tee Monterey County “First Tee”) for operation and management of the King City Golf Course; 2) approve and authorize the City Manager to execute a new Golf Course Operator Agreement with First Tee effective January 1, 2026; and 3) authorize the City Manager to make nonsubstantive changes to the agreement as necessary in a form approved by the City Attorney.
BACKGROUND:
At the October 11, 2022 meeting, the City Council approved an agreement with First Tee to operate the King City Golf Course. Storms that occurred during the period of December 27, 2022 through January 31, 2023 caused the San Lorenzo Creek to severely flood the golf course. The flood damaged 6 holes on the course by washing away various features and depositing sediment, pollutants and invasive plants that have or will kill the turf. Several amendments to the agreement have been approved since that time to address impacts of the storm damage on the Golf Course operations. The most recent amendment approved at the June 10, 2025 meeting extended a $15,000 per month City subsidy for the operation through the end of August.
Staff have been working on a project to restore the Golf Course. Work to be done shall include demolition, removal, offsite disposal, grading, compaction, repair, and/or construction of fairways, greens, tee boxes, irrigation, golf cart paths, concrete sidewalks, and ramps at the King City Golf Course. Two bridges
CITY COUNCIL
CONSIDERATION OF FIRST TEE MONTEREY COUNTY OPERATIONAL
AGREEMENT
OCTOBER 28, 2025
PAGE 2 OF 4
were also damaged which are proposed to be replaced. Significant delays have been experienced due to the FEMA reimbursement process. The delays are largely the result of bids received that are well above the cost estimate for the project.
Due to the City’s budget constraints, the City Council approved conditions for continuing with the project during the Budget Study Session. The conditions included financial participation in the project costs by First Tee and ending ongoing City subsidies. At the August 26th meeting, City Council provided direction to staff on proposed strategies to move forward with the project, which included the following:
• FEMA approval of the allocation of the full cost of the project. • First Tee or establishment of a local non-profit agency partnering with First Tee to provide $175,000 of the total estimated $550,000 local matching funds for the project construction costs.
• First Tee or establishment of a local non-profit agency partnering with First Tee to provide: 1) a line of credit at 0% interest; or 2) payment of the interest costs of a short-term low interest government assistance loan. • No further City subsidies after January 1, 2026.
FEMA has now approved the new cost estimate for the project, which represents the most significant hurdle in obtaining the allocation. As a result, staff are now presenting an amendment to the existing agreement through the end of the year and a new First Tee agreement effective January 1, 2026 for consideration.
DISCUSSION:
The proposed amendment and agreement meet the conditions and terms set forth by the City Council at the Budget Study Session and August 26th meeting.
The proposed agreement includes the following provisions:
• The City agrees to extend the $15,000 monthly subsidy in the existing agreement through the end of December 2025. This is equal to the amount approved in the FY 2025-26 Biennial Budget. The City will not be responsible for any operational costs after that period in the new agreement. • First Tee will pay $175,000 toward the local match portion of the renovation improvements. Two payments will be made, one at the time the City
CITY COUNCIL
CONSIDERATION OF FIRST TEE MONTEREY COUNTY OPERATIONAL
AGREEMENT
OCTOBER 28, 2025
PAGE 3 OF 4
executes a contract for construction and the remainder at the completion of the project.
• First Tee will reimburse the City for any interest incurred for a loan needed during construction to make payments while waiting for FEMA reimbursement up to $50,000. Staff are now less concerned that the reimbursements may be delayed long enough to cause a problem based on feedback from the City’s consultants, so staff believe $50,000 will be sufficient for a worst-case scenario.
• The term of the agreement will be 20 years with two 5-year extensions. • The City may terminate the agreement with 30 days written notice if the FEMA or State OES funding is substantially reduced, eliminated or delayed.
The funding has not yet been obligated by FEMA, but they have approved the budget amount. Therefore, the City’s consultants have recommended it is safe to proceed. However, no construction costs will be incurred until the funding is obligated.
The proposed terms were approved by the First Tee Board of Directors at their meeting on October 20th.
COST ANALYSIS:
The terms of the amendment will result in a commitment of $60,000 in additional costs toward operation of the Golf Course, but the new agreement will also generate additional revenue up to $225,000 towards construction of the renovation project. The $60,000 expense is budgeted in the General Fund, so no additional appropriation is needed.
ENVIRONMENTAL REVIEW:
The Golf Course operational agreement 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:
1. Approve staff's recommendations;
2. Direct staff to negotiate changes to the terms;
01222.0001/523017.1 Page 1 of 2
FOURTH AMENDMENT TO CONTRACT SERVICES AGREEMENT
This Fourth Amendment (“Fourth Amendment”) to CONTRACT SERVICES AGREEMENT FOR GOLF COURSE OPERATOR SERVICES (“Agreement”) is made and entered into this ______ day of ______, 20___ (“Effective Date”), by and between the CITY OF KING, a municipal corporation (“City”), and FUTURE CITIZENS FOUNDATION DBA First Tee - Monterey County (herein “Operator”) (collectively, the “Parties”).
R E C I T A L S
WHEREAS, on October 11, 2022, City and Operator entered into an agreement for management and operation of the King City Golf Course; and WHEREAS, on November 8, 2022, a new agreement was entered into by the Parties replacing the prior agreement to add provisions addressing landscape maintenance of the Golf Course; and
WHEREAS, on January 9, 2024, a First Amendment to the Agreement was entered into by the Parties to modify the payments by the City to address revenue losses resulting from flood damage that occurred at the Golf Course; and
WHEREAS, on March 26, 2025, a Second Amendment to the Agreement was entered into by the Parties to modify the payments by the City to address further revenue losses resulting from flood damage that occurred at the Golf Course; and WHEREAS, on June 10, 2025, a Third Amendment to the Agreement was entered into by the Parties to modify the payments by the City to address further revenue losses resulting from flood damage that occurred at the Golf Course; and WHEREAS, additional unanticipated revenue losses caused by the flood damage have continued to occur due to delays in renovation of the Golf Course; and WHEREAS, the City Council desires to amend the Agreement in order to provide additional payments to address a portion of the additional revenue losses.
A G R E E M E N T
In consideration of the foregoing Recitals and for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and Operator agree as follows:
Section 1. Section 4 of EXHIBIT “C” SCHEDULE OF COMPENSATION shall be replaced in its entirety as follows:
4. For the period of January 1, 2024 through December 31, 2024, City shall pay Operator nine thousand, one hundred and sixty-six dollars and sixty-seven cents ($9,166.67) per month on the first day of each calendar month. For the period of April 1, 2025 through August 30 December 31, 2025, City shall pay Operator fifteen thousand dollars ($15,000) per month on the first day of each calendar month. Within 45 days after the end of each calendar year, EXHIBIT 1
01222.0001/523017.1 Page 2 of 2
Operator shall provide City with a detailed operating statement showing all Revenues and Operating Expenses.
Section 2. Section 5 of EXHIBIT “C” SCHEDULE OF COMPENSATION shall be amended as follows, with underline text indicating added text::
1. For the period of January 1, 2026 September 1, 2025 through December 31, 2027, City shall pay no subsidy to Operator. Within 45 days after the end of each calendar year, Operator shall provide City with a detailed operating statement showing all Revenues and Operating Expenses. If Operator has a Net Operating Profit for each calendar year, Operator shall pay the City one-half of the Operating Profit within 45 days after the end of each calendar year.
Section 2. Except as expressly provided in this Fourth Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto executed this Second Amendment to be effective as of the Effective Date first written above.
CITY OF KING
a municipal corporation
Steven Adams
City Manager
OPERATOR
Name:
Title
ATTEST:
Erica Sonne, City Clerk
APPROVED AS TO FORM:
BURKE WILLIAMS & SORENSEN, LLP
Roy Santos, City Attorney
[END OF SIGNATURES]
4923-7002-7352 v1 1
CITY OF KING
CONTRACT SERVICES AGREEMENT
FOR GOLF COURSE OPERATOR SERVICES
________________
THIS PROFESSIONAL SERVICES AGREEMENT (herein “Agreement”) is made and entered into this ______ day of _______, 2025, by and between the CITY OF KING, a California municipal corporation (“City”) and FUTURE CITIZENS FOUNDATION dba FIRST TEE MONTEREY COUNTY, a Monterey County non-profit corporation (herein “Operator”).
RECITALS
WHEREAS, the City owns the King City Golf Course (the “Golf Course”); and WHEREAS, the Operator has been operating the Golf Course pursuant to a Contract Services Agreement dated October 31, 2022 (the “2022 Agreement”); and WHEREAS, the Golf Course was significantly damaged by flooding that occurred in December 2022 and January 2023 (the “Floods”); and
WHEREAS, the City expects to secure funds from the Federal Emergency Management Agency (“FEMA”) and/or California Office of Emergency Services (“Cal OES”) to restore the Golf Course to a condition comparable to its condition prior to the Floods (the “Restoration Project”); and
WHEREAS, the City will be required to fund a portion of the costs of the Restoration Project (the “Local Match”). The City estimates its Local Match to be approximately $550,000; and
WHEREAS, the City has limited financial resources and has determined that it is unable to fund the entire Local Match; and
WHEREAS, the Operator is willing to assist the City in meeting the City’s Local Match by providing a payments to the City of $175,000, plus a maximum of $50,000 towards interest on loans obtained by the City for the Restoration Project (the “Operator Contributions”); and WHEREAS, the Operator intends to continue to operate the Golf Course; and WHEREAS, the Operator intends to invest in equipment and staffing necessary to provide a high level of maintenance set forth in the scope of services set forth herein; and WHEREAS, the Operator intends to provide an extensive youth services program, and initiation of a capital campaign to fund a Youth Center for Learning Project at the Golf Course facility; and
WHEREAS, the Operator, since entering into the 2022 Agreement, has been operating the Golf Course and related facilities and has invested approximately $700,000 including capital EXHIBIT 2
2 4923-7002-7352 v1
improvements to the clubhouse and facilities and operating losses (net of operating loss subsidies paid to the Operator by the City) as of the date of this Agreement; and WHEREAS, Operator agrees to operate and maintain the Golf Course and provide youth programming on an ongoing basis with no operation subsidies by the City; and WHEREAS, the City has determined that operating the Golf Course itself or by contract through a private for-profit contractor would create a substantial ongoing cost to the City, which would not be economically viable; and
WHEREAS, the improvements to the Property and services by the Operator constitute a significant monetary investment into the Property and the community; and WHEREAS, the City does not have sufficient tax revenues to improve and operate the Golf Course on its own; and
WHEREAS, without the completion of the Restoration Project, the community would have decreased access to utilize the Golf Course and the overall condition of the Golf Course for use by the community would be substantially impaired resulting in decreased enjoyment by the community; and
WHEREAS, the Operator intends to avoid a scenario where its funds are subject to loss or the Golf Course and/or Renovation Project are terminated after Operator’s significant investment of charitable funds and time; and
WHEREAS, the Restoration Project will provide a significant public benefit to the community with increased access to the Golf Course and quality of its condition.
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF OPERATOR
1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Operator shall perform the work or services in operating Golf Course, as set forth in the “Scope of Services” attached hereto as Exhibit “A”, and in conformance with the “Special Requirements, King City Golf Course Maintenance Specifications attached hereto as Exhibit “B”, both of which are incorporated herein by reference. Operator warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Operator shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement, including a City business license. 3 4923-7002-7352 v1
1.4 Public Rates and Membership. Operator will determine all rates charged at the Golf Course (including but not limited to golf green fees, cart fees, driving range), but rates shall not exceed the mean of those charged by other public golf courses within a 65-mile driving distance from the King City Golf Course without City approval, which shall not be unreasonably withheld. Further, Operator may charge monthly, seasonal, annual or corporate memberships at its discretion so long as the facility remains open to the public in accordance with the previous sentence.
2. REMUNERATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Operator shall retain all revenues generated from operation of the Golf Course throughout the term of this Agreement.
2.2 Funding of Restoration Project
(a) Operator’s obligation to pay to City the Operator Contribution described in (b), below, shall be upon the City executing the contract for the Restoration Project and upon the City providing evidence that the Restoration Project will be fully funded through FEMA, Cal OES and the Local Match.
(b) Operator shall pay to City a sum of one hundred and seventy-five thousand dollars ($175,000) toward the Local Match portion of costs for the renovation improvements as follows: (i) forty-three thousand seven hundred and fifty dollars ($43,750) upon the City furnishing proof that all contracts and approvals necessary to begin construction on the Restoration Project are complete and executed by City, FEMA and the general contractor; (ii) eighty-seven thousand five hundred dollars ($87,500) upon substantial completion of the Restoration Project (which shall be defined as sixty percent (60%) complete in terms of the budgeted time and cost of the Restoration Project), and (iii) forty-three thousand seven hundred and fifty dollars ($43,750) upon the City furnishing proof of completion of the project with no further change orders, wrap-up items or punch lists for work to be performed (“Operator Share”).
Additionally, Operator, within thirty (30) days of City furnishing documentation clearly showing its incurred interest on Renovation Project loans, shall pay to the City an amount equal to the interest charged to it on loans related to the Restoration Project, not to exceed a total cumulative amount of fifty thousand dollars ($50,000) (“Interest Fees”). Together, the Operator Share and Interest Fees shall constitute the entirety of the Operator Contribution, which in any case shall not exceed a total cumulative amount of two hundred twenty-five thousand dollars ($225,000). (c) The City shall be solely responsible for funding its Local Match and completing the Renovation Project.
(d) If at any time FEMA shuts down the Renovation Project, cancels contracts related to the Renovation Project or the Renovation Project is halted or terminated for any reason, then Operator shall not be obligated to pay the Operator Contribution and all funds paid for the Operator Contribution shall be returned to Operator no later than sixty (60) days of the City’s notification thereof.
(e) Operator does hereby relinquish and waives any claim which may be asserted against the City seeking reimbursement for any capital expenses related to the Golf 4 4923-7002-7352 v1
Course. Operator’s relinquishment and waiver within this section of the Agreement is voluntary and Operator was provided an opportunity to review this section and the Agreement with independent legal counsel of their choosing. City is not liable or obligated to contribute any sum as and for capital expenses during the term of this agreement. Operator and City shall consult and agree in writing on how to fund all projects beyond the normal maintenance of the Golf Course (e.g. irrigation repairs, building repairs, carpentry, roofing, etc.). Operator shall not make, or suffer to be made, any material alterations of the Golf Course or any part thereof without the prior written consent of City. Operator shall keep the Golf Course premises and City's property in and on which such premises are situated free from any liens arising out of any work performed, material furnished, or obligations incurred by Operator.
(f) If other natural disasters occur in the future causing the need for additional restoration work, City and Operator shall meet and consider funding options and scope of work prior to submittal of claims to FEMA and/or other Federal and State agencies for reimbursement.
2.3 Annual Memberships. If the Agreement is terminated under the terms set forth in Section 8 of the Agreement prior to the end of the Agreement term, Operator shall pay City a prorated amount of any revenue received from annual golf course memberships during that calendar year for the portion of the calendar year remaining after the date of termination.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
Schedule of Performance. Operator shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “C” and incorporated herein by this reference. When requested by the Operator, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Operator, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Operator shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Operator be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Operator’s sole remedy being extension of the Agreement pursuant to this Section.
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4. TERM
4.1 This Agreement shall commence on January 1, 2026, and shall continue until December 31, 2046, unless otherwise terminated in accordance with Article 7 of this Agreement or extended pursuant to section 3.2 below.
4.2 Operator shall have two five (5) year options to extend this Agreement under the same terms and conditions. Operator shall provide notice to the City of its election to extend no later than six (6) months prior to the end of Term (or extended Term).
5. COORDINATION OF WORK
5.1 Representative of Operator. The C.E.O. of First Tee Monterey County is hereby designated as being the representative of Operator authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith.
All personnel of Operator and any authorized agents shall be under the exclusive direction of the representative of Operator. Operator shall utilize only competent personnel to perform services pursuant to this Agreement. Operator shall make every reasonable effort to maintain the stability and continuity of Operator’s staff and subcontractors, and shall keep City informed of any changes.
5.2 Contract Officer. City Manager [or such person as may be designated by the City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).
5.3 Prohibition Against Subcontracting or Assignment. Except for the maintenance of the Golf Course, Operator shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City, which approval shall not be unreasonably withheld. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. Operator may establish ancillary, wholly-owned subsidiaries and/or related entities for purposes of isolating operations, such as a learning center, golf course operator and/or restaurant/bar owner with prior express approval of City, which shall not be unreasonably withheld.
5.4 Independent Operator. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Operator, its agents or employees, perform the services required herein, except as otherwise set forth. Operator shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Operator shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.
6. INSURANCE AND INDEMNIFICATION
6.1 Insurance Coverages. The Operator shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
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(a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $2,000,000.00 per occurrence or if a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Operator against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Operator in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001) including “any auto”. A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $250,000.00 per person and $500,000.00 per occurrence and property damage liability limits of $500,000.00 per occurrence or (ii) combined single limit liability of $1,000,000.00. Said policy shall include coverage for owned, non-owned, leased, hired cars, and any other automobile. (d) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
Subcontractors. Operator shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
6.2 General Insurance Requirements.
All of the above policies of insurance except Worker’s Compensation and Professional Liability shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Operator’s insurance.
The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by First Class US mail return to the City.
In the event any of said policies of insurance are cancelled, the Operator shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Operator has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
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The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City’s Risk Manager or other designee of the City due to unique circumstances.
6.3 Indemnification. To the full extent permitted by law, Operator agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Operator, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Operator is legally liable (“indemnitors”), or arising from Operator’s or indemnitors’ reckless or willful misconduct, or arising from Operator’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions.
Further, Operator agrees to indemnify, defend and hold harmless the Indemnified Parties from any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with any tree, bush, shrub or any other landscaping upon the golf course property.
The indemnity obligation shall be binding on successors and assigns of Operator and shall survive termination of this Agreement. The Operator’s obligation to defend as stated herein is an obligation to reimburse the Client for reasonable defense costs and is limited solely to third-party allegations that the Operator was negligent, and Operator shall only be responsible for defense reimbursement costs proportionate to the finally determined percentage of liability based upon the comparative fault of the Operator, as determined by a court of competent jurisdiction.
7. RECORDS, REPORTS, AND RELEASE OF INFORMATION
7.1 Records. Operator shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating profits and loses, any money received by the Operator arising from or as a result of this Agreement, to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have the right to inspect, audit and/or review the books and records at any time during normal business hours of the City, including the right to copy and make records and transcripts from such records, for the duration of this Agreement and for one (1) year after the termination or expiration of the Agreement.
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7.2 Books, accounts and records shall be kept in accordance with generally accepted accounting principles and practices consistently applied.
7.3 Reports. Operator shall submit to City a quarterly and year-end financial report detailing all revenues and expenses related to operation of the Golf Course in a form determined by the Contract Officer, including a statement of operations and other financial data reasonably requested by City. Operator shall also periodically prepare and submit to the Contract Officer such other reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.
7.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Operator in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Operator. Operator shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Operator shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Operator gives the City notice of such court order or subpoena.
(c) If Operator provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Operator for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Operator’s conduct.
(d) Operator shall promptly notify the City should Operator be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Operator or be present at any deposition, hearing or similar proceeding. Operator agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Operator.
7.5 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Operator in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Operator shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder.
Moreover, Operator with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
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8. ENFORCEMENT OF AGREEMENT AND TERMINATION
8.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Monterey, State of California.
8.2 Disputes; Default. In the event that Operator is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Operator for any work performed after the date of default. Instead, the City may give notice to Operator of the default and the reasons for the default. The notice shall include the timeframe in which Operator may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Operator is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Operator does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.
8.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
Notwithstanding any contrary provision herein, Operator shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
8.4 Termination for Default of Operator. If termination is due to the failure of the Operator to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Operator shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Operator for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
8.5 Loss of Funding and/or Cancellation of Golf Course Restoration Project. If City General funds, Federal and/or State funding for the Golf Course Restoration Project as contemplated within this Agreement are reduced, eliminated or substantially delayed 9 months past the effective date of this Agreement, City or Operator may terminate this Agreement upon thirty (30) day written notice to the other party. In the event of such termination, the City shall, within sixty (60) days after termination, reimburse Operator its Operator Contribution. Prior to termination under this section, Parties agree to meet and determine if alternate funding sources 10 4923-7002-7352 v1
and/or reduction in costs through changes to the scope of work can be mutually agreed upon to prevent termination.
9. MISCELLANEOUS
9.1 Covenant Against Discrimination. Operator covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Operator shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class
9.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Operator, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Operator or to its successor, or for breach of any obligation of the terms of this Agreement.
9.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of King 212 S. Vanderhurst Avenue, King City, CA 93930 and in the case of the Operator, to the person(s) at the address designated on the execution page of this Agreement.
Either party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.
9.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
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9.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.
9.8 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.9 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Operator warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Operator further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Operator is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Operator’s Authorized Initials _______
9.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
9.12 Operations Agreement. Operator is aware of the fact that this is a management contract and not a lease. Operator understandsthat City retains allrights to access 12 4923-7002-7352 v1
its own property to inspect the Golf Course and facilities for compliance with all environmental laws and other requirements of this Agreement.
9.13 Transition of Operations. Upon expiration ofthe term ofthis Agreement, or uponthepriortermination ofthis Agreement, Operator agrees and covenants to cooperate fully with City or City's designated successor operator in the smooth andbusinesslike transfer ofthe operations of Golf Course including but not limited to assignment of accounts, contracts, policies, licenses, permits and improvements in connection with the Golf Course to City's designee, and Operator agrees and covenantsto execute alldocumentsrequired orconvenient toaccomplishanysuchtransferina timely, effective and efficient manner. On the expiration or on the termination of this Agreement for any reason, all Golf Course property and interests therein will be promptly turned over to City. Operator shall execute and deliver to City all documents necessary to legally effectuate each of the transactions.
9.14 Incorporation of Recitals. The above Recitals are hereby incorporated by reference as a term of this Agreement. The Recitals have the same force and effect as if they were expressly stated within this section of the Agreement.
9.15 Prior Agreements. This Agreement shall supersede all prior agreements between the Parties, thus rendering them null and void as of the date this Agreement is effective.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF KING, a municipal corporation
Steven Adams, City Manager
ATTEST:
Erica Sonne, City Clerk
APPROVED AS TO FORM:
BURKE, WILLIAMS & SORENSEN
Roy C. Santos, City Attorney
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OPERATOR:
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Operator is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. OPERATOR’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO OPERATOR’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF MONTEREY
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 4923-7002-7352 v1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF MONTEREY
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
A-1
EXHIBIT “A”
SCOPE OF SERVICES
Operator shall provide the following services:
1. Manage all golf course operations, including course rounds and clubhouse.
2. Operate the Golf Course open for year-round play seven days a week, including holidays, except for Christmas Day, during the following hours unless alternate operating schedule hours are proposed and approved by the City:
(a) Spring March 1 – May 31 6:30 a.m. – 7:00 p.m.
(b) Summer July 1 – August 15 6:00 a.m. – 8:00 p.m.
(c) Fall August 16 – October 31 6:00 a.m. – 7:00 p.m.
(d) Winter November 1 – February 28 7:00 a.m. – 5:00 p.m.
3. Pay all Golf Course operational expenses.
4. Collect all fees and revenues. Maintain rates as followed unless an alternate rate schedule is proposed and approved by the City:
(a) Regular: 9 Holes - $17 18 Holes - $32
(b) Weekend 9 Holes - $20 18 Holes - $38
(c) Early Bird, First Hour: 9 Holes - $14 18 Holes - $26 (d) Twilight, 3:30 p.m.: Various - $12
(e) Senior: 9 Holes - $14 18 Holes - $26
(f) Junior (Under 17): 9 Holes - $14 18 Holes - $26
(g) Active Military: 9 Holes - $14 18 Holes - $26
(h) Holiday: 9 Holes - $20 18 Holes - $38
(i) Cart Fee: 9 Holes - $17 18 Holes - $22
(j) Monthly TBD
(k) Annual TBD
(l) Corporate TBD
*Rates subject to change upon notice by Operator to City, and shall not be applicable to the Public without prior express approval of City, which shall not be unreasonably withheld, except with regard to Monthly, Annual or Corporate memberships.
5. Employ, train and supervise all Golf Course personnel.
6. Maintain records and finances in a manner that allows the City to audit accounting procedures, internal controls, records, supporting documents and any additional documents/practices throughout the duration of this agreement.
7. Carry outitsduties andresponsibilitiesincompliance with all applicable local, state and federal laws, regulations and ordinances.
8. Keep and maintain the premises and all buildings, structures, improvements, fixtures, trade fixtures, equipment and utility systems in good, safe, operable, useable and sanitary condition.
9. Maintain all grounds and landscaping consistent with industry best practices and standards, including but not limited to, the obligation to mow, edge, trim, reseed, fertilize, aerate, irrigate and renovate turf areas, as well as provide weed, disease and pest control, turf maintenance, maintenance of irrigation systems, and provide the necessary maintenance of any structures and equipment associated with the premises in accordance with the Maintenance Standards provided in Exhibit B.
10. Employ a golf instructor on the premises.
11. With the City’s approval, implement any proposed capital improvement projects requiring investments that exceed the City’s budgeted projects.
12. Provide snack/food and beverage concessionaire services to players, which shall include obtaining and maintaining a liquor license.
13. Purchase and sell pro shop merchandise.
14. Purchase, or lease, and maintain an operational fleet of a minimum of 10 golf carts, as well as pull carts, for public rent.
15. Develop and maintain golf instruction programs.
16. Provide comprehensive golf instructional programming and life skill straining for youth ages 7 to 17, including daytime programming and transportation, school site programming, after school programming, and day camps.
17. Establish, maintain and promote leagues and tournaments, with a particular emphasis on working with local service clubs and community organizations.
18. Develop, implement and maintain a comprehensive marketing program, including a major rebranding initiative.
19. Establish and meet on a monthly basis with a Community Advisory Committee to assist in establishing, prioritizing and implementing program, operation and marketing goals.
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EXHIBIT “B”
SPECIAL REQUIREMENTS
KING CITY GOLF COURSE
MAINTENANCE SPECIFICATIONS
ALL MATERIALS ARE SUBJECT TO SUBSTITUTION BY MATERIALS AND PRODUCTS
OF REASONABLY EQUIVALENT QUALITY
Operator shall perform the following maintenance services as indicated in these specifications except where artificial turf, if any, is used. Any such turf shall be replaced and or repaired to maintain the consistent use and appearance thereof. Standards and frequency may be modified from time to time for the proper maintenance of golf course facilities.
1. Greens Maintenance
Maintain all greens according to accepted playability as determined by the CITY and industry-wide standards at all times observing the following minimum requirements:
(a) Change location of cups and repair balls marks as needed, not allowing noticeable turf wear.
(b) Mow greens on a schedule that will produce a consistent and high-quality putting surface comparable to other local courses and facilities. The frequency, schedule, and height of cut will be appropriate for the type of grass grown, season of the year, and current weather conditions.
Mower will be of accepted industry standards designed specifically for mowing golf greens. (c) Verticutting, topdressing, overseeding, and aerification will be done on a schedule that will produce a consistent and quality putting surface. The frequency and schedule of these maintenance practices will vary from season to season and from year to year. (d) Operator shall have the soil analyzed within thirty (30) days after the start of the term of the Agreement and once every year thereafter. Apply fertilizer in the quantity, type and frequency recommended by soil analysis in a manner to provide uniform growth of turf. (e) Operator agrees to use chemicals approved by the industry as well as the State of California and the CITY and will follow the proper procedures in their application. Greens will be treated on an as needed basis for insect, disease, weeds, and other pests. A complete list and records of all chemicals used will be maintained by Operator and open for inspection by the CITY with proper notice.
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2. Tee Maintenance
Maintain all tees according to accepted playability as determined by the CITY and industry-wide standards at all times observing the following minimum requirements:
(a) Service tees daily by moving tee markers. benches. emptying trash receptacles and servicing ball washers as needed, but not allow undue turf wear and damage. (b) Mow tees on a schedule that will produce a quality tee surface comparable to other local courses and facilities. The frequency, schedule, and height of cut will be appropriate for the type of grass grown, season of the year, and current weather conditions. Mower will be of accepted industry standards designed specifically for mowing golf greens. (c) Verticut tees as needed for thatch removal.
(d) Aerify tees and top dress as needed.
(e) Repair worn and damaged turf areas as they occur to ensure playable tees at all times.
(f) Treat tees for control of insects, disease. weeds and other pests as necessary) to maintain healthy turf.
3. Fairway Maintenance
(a) Maintain all fairways according to accepted playability as reasonably determined by the CITY and industry-wide standards at all times observing the following minimum requirements:
(b) Mow fairways with a reel-type mower at a height acceptable to industry standards with consideration of the time of year and type of grass. (c) Verticut and aerify fairways as necessary for turf health and acceptable playing conditions.
(d) Top-dress or re-sod worn or bare areas of fairways as necessary. (e) Treatturftocontrol weeds, diseases.Insects, and other pests asnecessary to maintain weed free and healthy turf.
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4. Aprons Fringes
Maintain aprons and fringes at an acceptable level as determined by the CITY at all times observing the following minimum requirements.
(a) Mow aprons with a reel-type mower depending on the type of grass and time of year.
(b) Verticut and aerify aprons (fringes) as necessary for turf health and acceptable playing conditions.
(c) Top-dress or re-sod worn or bare areas of the aprons as necessary. (d) Treat turf to control weeds, disease, insects and other pests.
5. Maintenance of Other Turf Areas
Maintain turf and landscaped lawn areas at an acceptable level as determined by the CITY at all times observing the following minimum requirement. (a) Mow at least once per week May through October and as growth requires November through April.
(b) Verticut and aerify as necessary to promote health growth. (c) Resod, re-seed, or top-dress worn or bare areas as necessary. (d) Treat turf to control weeds. disease, insects and other pests as necessary to maintain a healthy turf.
7. Maintenance of Accessory Equipment
Maintain all golf course accessory equipment in clean, safe, and functioning condition at all times including but not limited to the following:
(a) All signs.
(b) Outdoor benches.
(c) Tee markers and mats
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(d) Ball washers and including tee towels and soap.
(e) Out-of-Bounds markers
(f) Directional flags and poles
(g) Greens flags, poles, and cups
(h) Practice greens markers and cups
(i) Trash receptacles
(j) Cup-cutting equipment
8. Irrigation
Subject to Section 11, below, maintain entire irrigation system in good repair, functioning properly and conforming to all related codes and regulations at all times, reasonable wear and tear excepted. Irrigate as required to maintain adequate moisture for growth rate and appearance. Operator shall have the authority to change the irrigation schedule as the need develops. Adequate soil moisture shall be determined by visual observation, plant resiliency, turgidity, examining cores removed by soil prove, moisture sensor devices and programming irrigation controllers accordingly. (a) Consideration must be given to soil texture, structure, porosity, water retention, capacity, drainage, compaction, precipitation rate, run on infiltration rate, percolation rate, evaporation rate, transpiration, seasonal temperature, prevailing wind conditions, time of day or night, type of grass and root structure. This may include syringing during the day and watering during periods of windy weather.
(b) In areas where wind creates problems of spraying onto private or other properly or road rights-of-way, the controllers shall be set to operate during the period of lowest wind velocity that would normally occur at night.
(c) Operator shall be responsible for monitoring all irrigation systems within the premises and correct for coverage, adjustments, clogging of lines and removal of obstacles, including plant materials that obstruct the spray.
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(d) Check system frequently and adjust and or repair any sprinkler heads causing excessive run-off, including slope areas, or which throw directly onto roadway paving or walks within rights-of-way.
(e) All controllers shall be inspected frequently and adjusted as needed or when circumstances warrant.
(f) Operator shall observe and notice deficiencies occurring from the original design and review these findings with the CITY so necessary improvements can be considered, and shall repair all leaking or defective valves with in forty-eight (48) hours following written notification from the CITY of such a deficiency.
(g) Operator shall certify that all irrigation systems are fully operational. Such certification shall be acceptable in form and content to the CITY and shall be submitted on a quarterly basis.
(h) In the event of a reduction of the volume of water supplied to a golf course during peak demand periods the priority of water distribution by Operator shall be:
(1) Greens
(2) Tees
(3) Other turf and landscaped areas
9. Tree Maintenance
Maintain all trees on the premises in a safe, healthy, structurally sound and aesthetically pleasing condition at all times. Implement an on-going maintenance program to trim, shape, prune, thin out and treat. Operator's program shall include, but not be limited to the following:
(a) Prune trees to maintain and stimulate proper health and growth by cutting out dead, diseased, weak, insect-infested and damage limbs. (b) Regularly prune trees to maintain clearance of all areas of pedestrian and vehicular traffic and tree extensions over and through fence-lines and into roadways and adjacent streets.
Such pruning shall provide safe vehicular and pedestrian visibility and clearance in order to prevent or eliminate hazardoussituations.
(c) Trim and shape trees to provide a symmetrical appearance typical of the species.
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(d) Remove downed trees caused by weather, natural causes or otherwise. Stumps shall he removed below grade and wood chips removed and the resultant hole backfilled to grade. Removed trees shall be replaced with similar species or other species approved by City within 6 months.
(e) Keep surrounding turf mowed and trimmed to the trunks of trees on the premises. (f) Operator shall, within one year from the commencement of the term of this agreement, prepare and submit for CITY's approval, a comprehensive tree maintenance program.
10. Other Required Duties
(a) Remove all litter daily from golf course grounds. Remove all trash and debris resulting from golf course maintenance as it occurs. Clean, repair and replace trash receptacles as necessary to maintain clean, safe and sanitary conditions at all times. (b) Maintain shrub and groundcover plantings and lawn areas in a manner to promote healthy growth and an aesthetically pleasing appearance at all times. (c) Maintain all sand traps in raked, edged, and weed free condition at all times, replacing sand as necessary to maintain a consistent depth. Replace rakes as necessary. (d) Take whatever preventative steps are necessary to protect all slope areas from erosion, fire and rodent damage at all times.
(e) Control rodent and other animal pests as necessary to prevent erosion and destruction of planting on golf course property and migration to surrounding neighborhoods. (f) Maintain and repair as necessary surface flow lines, swells, catch basins, grates, sub-surface drainage system and other drainage structures in clear weed-free and properly functioning condition at all times.
(g) Observe all legal requirements and safety regulations in the use and storage of chemicals, hazardous materials. supplies, and equipment at all times according to National/State OSHA standards and local policies.
(h) Protect the Golf Course from damage during periods of frost, rainy weather and other unusual conditions.
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(i) Maintain walkways, steps, handrails on walkways and cart paths in a safe, clean, edged, weed-free condition at all times
(j) Maintain and repair all fencing and fence lines in pleasing conditions at all times. (k) Maintain parking lots, fencing, service road areas and driveways in a safe, clean and weed-free condition at all times
(l) Inspect the following frequently and repair as needed:
(1) All area lighting systems for safe and functioning conditions. (2) All golf course buildings and accessory structures for clean, safe and secure conditions.
(3) All golf course parking lots and walkways.
(m) Operator shall maintain all approaches and accessory structures within the golf course in a safe and stable condition at all times. (n) Operator shall maintain and keep in good repair all drainage swells and structures that traverse the golf course. All surface drains and swales shall be kept clear of debris so that water will have unimpeded passage to their outlets. All inlets to sub-drains shall be kept clear of leaves, paper and other debris to insure unimpeded passage of water.
11. Well, Water & Sewer, and Soil Responsibilities
(a) The City shall solely be responsible for the ownership, repair, maintenance and, if necessary, the replacement of the existing water well and pump system serving the Golf Course, including, but not limited to the pressure tank, check valves, pump controls, wiring, casings and any appurtenant mechanical infrastructure. The City’s responsibility shall extend from the wellhead through to the point of connection to the Golf Course irrigation system. In the event of failure or degradation of any portion of the well, pump, or pressure tank system, the City shall, at its sole cost and expense, undertake all necessary repairs, replacements or enhancements including, but not limited to, drilling a new well, re-casing the existing well, replacing the pump, tank or control systems, and installing a temporary pressure tank or water delivery system.
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(b) The City shall ensure that the Golf Course receives a continuous and uninterrupted supply of irrigation water at the City’s sole cost and expense. In the event that repairs to or replacement of the water well and related systems reduce the water supply to the Golf Course, the City shall, at its sole cost and expense, provide the Golf Course with a temporary, viable source of irrigation water sufficient to meet the needs of the Golf Course. (c) Operator shall be responsible for all lateral lines extending from the mainline of the irrigation system and any and all sprinklers and outlets extending therefrom. (e) City shall be solely responsible for the removal of soil in accordance with the plans, specifications and requirements of the Renovation Project. In the event the Renovation Project is cancelled at any time and Operator and City continue to operate the Golf Course, Operator shall have no obligation to move soil under any circumstance without the prior written agreement of the Operator, which may be withheld in its sole discretion.
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4923-7002-7352 v1
EXHIBIT “C”
SCHEDULE OF PERFORMANCE
1. Operator shall assume responsibility and open the Golf Course for basic operations on January 1, 2026 so long as significant construction is not occurring. At that time, Operator’s minimum responsibilities under the Agreement shall be limited to maintaining the portions of the Golf Course not impacted by the Golf Course Renovation Project to the standards set forth in EXHIBIT B. During construction, in Operator’s sole discretion, Operator may close the Golf Course to prevent issues of liability and operational losses.
2. Operator shall not be fiscally responsible for modifications to other portions of or change orders related to the Scope of Work during the period of the Golf Course Renovation Project construction.
3. Operator shall provide full staffing, equipment and golf carts at the completion of the Golf Course Renovation Project.
4. Operator shall provide youth summer day camp programs following completion of the Golf Course Renovation Project.
5. Operator shall provide daytime onsite and school site programming following completion of the Golf Course Renovation Project.