CITY OF DEL REY OAKS
650 CANYON DEL REY BLVD. DEL REY OAKS, CALIFORNIA 93940 PHONE (831) 394-8511 FAX (831) 394-6421
REGULAR MEETING AGENDA
OF THE CITY OF DEL REY OAKS CITY COUNCIL
TUESDAY, MARCH 22, 2022, AT 6:00 P.M.
MEETING TO BE HELD VIRTUALLY ONLY
AT THE FOLLOWING ZOOM LINK PER GOVERNOR NEWSOM'S EXECUTIVE ORDERS AND AB 361 REGARDING BROWN ACT COVID-19 PROTOCOLS:
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Meeting ID: 869 9028 0393
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ROLL CALL - Council
PLEDGE OF ALLEGIANCE
3. INVOCATION - Reverend Robert Hellam, Church of the Oaks, Del Rey Oaks
4. PUBLIC COMMENTS: General Public Comment must deal with matters subject to the jurisdiction of the City and the Council that are not on the Agenda. Anyone wishing to address the City Council on matters not appearing on the Agenda may do so now. The public may comment on any other matter listed on the Agenda at the time the matter is being considered. There will be a time limit of not more than three minutes for each speaker. No action will be taken on matters brought up under this item and all comments will be referred to
5. Proclamation:
50th Anniversary Senior Nutrition Program
(AJL-01223018:21
PRESENTATION:
A. Recognition of Dorothy Souza honor of Women's History Month B. Receive Fort Ord Trail & Greenway project design update from Transportation Agency of Monterey County
7. CONSENT AGENDA: Action Items
A. MINUTES: (CEQA: as to all, not a project per Guidelines Article 20, Section 15378) 2: February 22, 2022 Regular City Council Meeting Minutes January 12, 2022 Regular Planning Commission Minutes
B. MONTHLY REPORTS: (CEQA: as to all, not a project per Guidelines Article 20, Section 15378)
Claims, February 2022
2. Financials, February 2022 and February 2021
3. Fire Department Response Report, February 2022
Police Activity Report, February 2022
c. MISCELLANEOUS (CEQA: as to all, not a project per Guidelines Article 20, Section 15378)
Updated Strategic Planning Grid
2. Adoption of Resolution 2022-07 AB 361 Brown Act
3. Approve Contract with Coastal Paving for Prop 68 Park Project Authorize City Manager to Execute Contracts for the Implementation of the Police Department Mobile Data Terminals Project
Approve Resolution 2022-08 and the Submittal of Annual Progress Reports to CA Housing & Community Development and Office of Planning & Research
6. Approve Payroll Period Date Changes to Bi-Weekly Schedule Approve Participation in National Wildlife Federation's Mayors' Monarch Authorize the City Manager to Sign Agreements with the Transportation Agency for Monterey County to Procure Professional Services for Pavement Management Program Update Service
8. OLD BUSINESS: None
9. NEW BUSINESS:
A. Receive the FY 2020-21 Annual Financial Report Discussion Item B. Consider FY 2021-22 Mid-Year Budget Review Action Item and Adjustments
(AIL-01223018:21
10. STAFF REPORTS:
A. City Manager Report
B. Council Reports
11. CORRESPONDENCE:
MST Highlights
TAMC Highlights
Military and Veterans Affairs
Monterey County Mosquito Abatement District Agenda
12. ADJOURNMENT
13. NEXT MEETING DATE: Tuesday, April 26, 2022 at 6:00pm How do I join a Zoom meeting?
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(AJL-01223018:23
CITY OF DEL REY OAKS
650 CANYON DEL REY BLVD, DEL REY OAKS, CALIFORNIA 93940 PHONE (831) 394-8511 FAX (831) 394-6421
50th Anniversary of the National Senior Nutrition Program, 2022
PROCLAMATION
WHEREAS, since 1972, the National Senior Nutrition Program has funded local agencies and organizations to serve home-delivered and congregate meals that help to ensure older adults have opportunities to stay healthy, independent, and connected; and
WHEREAS, more than 10 million older Americans face hunger each year; and WHEREAS, older Americans face malnutrition, isolation, and WHEREAS, local senior nutrition programs help older adults access to healthy foods; nutrition screening, education, and counseling; social opportunities; and other supports that encourage well-being; and
WHEREAS the Meals on Wheels of the Monterey Peninsula is an integral part of Del Rey Oaks - providing sustenance and so much more to our older community members, especially those most vulnerable to social isolation; and WHEREAS, Meals on Wheels of the Monterey Peninsula is having a positive impact on our community and its senior members by:
• Nourishing their bodies, minds, and spirits
• Empowering seniors, disabled adults, veterans to remain independent • Driving out hunger and isolation in our region
NOW, THEREFORE, City of Del Rey Oaks does hereby proclaim March 2022 to be the 50th anniversary of the National Senior Nutrition Program. We urge every resident to recognize older adults and the people who support them through nutrition services as essential contributors to the strength of our community.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Del Rey Oaks to be affixed this 22 day of March, 2022.
Alison Kerr, Mayor
City of Del Rey Oaks
City Hall
650 Canyon Del Rey Blvd
Del Rey Oaks, CA 93940
OR DEL REY
OAKS
INCORPORATED 1960
Action Minutes
Tuesday, February 22, 2022 - 6:00 PM
City Council - Regular Meeting
Del Rey Oaks City Council
Alison Kerr - Mayor
John Gaglioti - Vice Mayor
Pat Lintell - Councilmember
Scott Donaldson - Councilmember
Kim Shirley - Councilmember
Action Minutes
City Council - 2/22/2022
www.delreyoaks.org/citycouncil/page/city-council-meeting-february-22-2022 6:00 PM - Called to Order:
The meeting was called to order by Mayor Kerr.
Roll Call:
Present: Mayor Kerr, Vice Mayor Gaglioti, Councilmember Lintell, Councilmember Donaldson, Councilmember Shirley
Staff Present:
Cy Matraive Astian fit, any cy AtMey L Administrative Assistant Birch, Pledge of Allegiance:
Bill Ragsdale-Cronin led the Pledge of Allegiance.
Public Comment:
No Public Comment.
Consent Agenda:
A. MINUTES: (CEQA: as to all, not a project per Guidelines Article 20, Section 15378) December 14, 2021 Regular City Council Meeting Minutes
January 11, 2022 Special City Council Meeting Minutes
January 25, 2022 Regular City Council Meeting Minutes
February 7, 2022 Special City Council Meeting Minutes
B. MONTHLY REPORTS: (CEQA: as to all, not a project per Guidelines Article
20. Sectionis, Jar Claims, January 2022
Financials, January 2022 and January 2021
Fire Department Response Report, January 2022
4. Police Activity Report, January 2022
MISCELLANEOUS (CEQA: as to all, not a project per Guidelines Article 20, Section 15378) Updated Strategic Planning Gric
2. Adoption of Resolution 2022-03 AB 361 Brown Ac
3. Adoption of Resolution 2022-04 Election Ballot Initiative
4. Approval of Agreement for 2022 Prop 68 Park Improvement Project Work
5. Adoption of SB1383 Cal Recycle Resolution 2022-05
6. Ametery Regional Waste Management District Shared Services M.O.U.
Open for General Public to address an item off the Consent Agenda; No public input Items B.4 and C.1 were pulled by Mayor Kerr
City Attorney Lorca: Explains how to recuse during Consent Agenda.
Action Minutes
City Council - 2/22/2022
Council Member Shirley: Will vote on everything except C.3, she will recuse.
Commander Bourquin: Explains ditterence in Police Report format.
City Manager Guertin: Explains the need to have a cohesive plan and a holistic view regarding the Strategic Plan duties.
A motion was made by Councilmember Lintell, seconded by Mayor Kerr to approve the Consent Agenda as presented.
Roll call vote taken pursuant to Government Code 54953:
Mayor Kerr: AYE
Vice Mayor Gaglioti: AYE
Councilmember Lintell: AYE
Councilmember Donaldson: AYE
Councilmember Shirley: AYE
The Consent Agenda passed unanimously.
Old Business:
There was no Old Business.
New Business:
A. Consider Report on A.R.P.A. Funds Distribution
City Manager John Guertin presented.
Open for General Public Comment; No Public Comment was made.
A motion was made by Vice Mayor Gaglioti, seconded by Mayor Kerr to approve Item 7.A. as presented.
Roll call vote taken pursuant to Government Code 54953:
Mayor Kerr: AYE
Vice Mayor Gaglioti: AYE
Councilmember Lintell: AYE
Councilmember Bile AN AYE
Item 7.A. passed unanimously.
Staff Reports:
A. City Manager Report
B. Council Reports
Correspondence:
MST Highlights
TAMC Highlights
Action Minutes
City Council - 2/22/2022
Next Meeting Date:
Tuesday, March 22, 2022
Adjournment:
6:43 PM
Attest: Date:
City of Del Rey Oaks
City Hall
650 Canyon Del Rey Blvd
Del Rey Oaks, CA 93940
OR DEL RED
INCORPORATED 1059
Action Minutes
Wednesday, January 12, 2022 - 6:00 PM
Planning Commission - Regular Meeting
Del Rey Oaks Planning Commission
Mike Hayworth - Vice Chair
George Jaksha - Commissioner
Gary Kreeger - Commissioner
Denise Wood - Commissioner
Mike Burger - Commissioner
Bill Ragsdale-Cronin - Commissioner
Louise Goetzelt - Commissioner
Action Minutes
Planning Commission - 1/12/2022
Video Links -
https://youtu.be/xiL2CYw4D88
https://www.delreyoaks.org/bc-pc/page/planning-commission-regular-meeting-ianuary-12-2022 6:00 PM - Called to Order:
The meeting was called to order by Vice Chair Hayworth.
Roll Call:
Present: Vice Chair Hayworth, Commissioner Jaksha, Commissioner Wood, Commissioner Kreeger, Commissioner Ragsdale-Cronin, Commissioner Goetzelt Staff Present:
City Manager Guertin, City Attorney Lorca and Deputy City Clerk Minami Piedge of Allegiance:
Vice Chair Hayworth led the Pledge of Allegiance.
Consent Agenda:
A. Adopt, November 10, 2021, Planning Commission Meeting Minutes A motion was made by Commissioner Ragsdale-Cronin, seconded by Commissioner Kreeger to adopt the December 8, 2021, Planning Commission Meeting Minutes.
Roll call vote taken pursuant to Government Code 54953:
Vice Chair Hayworth: AYE
Commissioner Jaksha: AYE
Commissioner Kreeger: AYE
Commissioner Wood: AYE
Commissioner Goetzelt: AYE
Commissioner Ragsdale-Cronin: AYE
The Consent Agenda passed unanimously.
Public Comment:
Open for General Public Comment; No public comment was made.
Reports:
Building Activity Report November 2021
The Building Activity Report December 2021 was accepted unanimously.
Old Business:
There was no Old Business.
Action Minutes
Planning Commission - 1/12/2022
New Business:
There was no Old Business.
Presentation:
City Attorney Lorca preformed the presentation.
Announcements / Comments by Planning Commissioners:
There were no announcements or comments by the Planning Commissioners.
Next Meeting Date:
Wednesday, Feb 9, 2022
Adjournment:
6:35 PM
Attest: Date:
& DEL REY
CITY OF DEL REY OAKS
U
Staff Report
PNCORPORATED 1099
DATE: March 22, 2022
TO: Honorable Mayor and Members of City Council
FROM: John Guertin, City Manager
SUBJECT: Receive February 2022 Financial Reports
CEQA: This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378 as it is an administrative activity of the City that will not result in direct or indirect physical changes in the environment.
Consideration
Receive financial reports for the month of February 2022.
Background
The City Council routinely receives financial reports for the previous month year. In the past the reports provided a comparison to the previous year. This month we are providing numbers for the previous month and year-to-date.
Summary & Discussion
Attached are the following financial statements:
• Feb 2022 Cash Balances - The report shows where the City's funds are invested and how much of those funds are restricted. The City's total cash balance is $12,740,988 of which $2,802,130 is unrestricted.
• Feb 2022 Checks Issued Register - This is a listing of all the payments issued for the month.
• Feb 2022 General Fund Summary - This is a one-page summary of the General Fund. It shows a deficit of $207,672 for the month with a Year-to-Date Surplus of $444,326.
Feb 2022 YTD Budget v. Actual Detail - This report shows the line item totals for all revenues and expenditures by fund and department. It shows the current month activity next to the current year-to-date activity. After eight months (66.67% of the year), the General Fund has received 72.49% of estimated revenues and has spent 65.26% of the total appropriations.
Fiscal Impacts
None. This is informational only.
Recommendation
Staff recommends receiving the reports.
(AJL-01144461;1}
ATTACHMENTS:
• Feb 2022 Cash Balances
Feb 2022 Checks Issued Register
Feb 2022 General Fund Summary
Feb 2022 YTD Budget v. Actual Detail
Respectfully Submitted,
John Guertin
City Manager
(AJL-01144461;1)
City of Del Rey Oaks
Cash Balance Report
As of February 28, 2022 and 2021
Account Name Acct. No. Current Year Prior Year
Unrestricted Cash
General Checking 10100 638,382.30 134,123.47
LAIF - Economic Uncertainty Fund 10110 1,969,307.16 1,743,464.00 Restricted Cash
LAIF - Habitat Management Fund 10110 775,203.55 775,854.00 LAIF - South Boundary Road 10110 505,829.82 518,564.00
PARS - IRC Section 115 Pension Trust 10150 351,750.62 310,396.62 Checking - Monterey Peninsula Partners Development 10180 9,062.62 9,062.62 Fidelity Title Escrow Acct - GJM/SBR Intersection 10210 1,056,168.00 1,056,168.00 Fidelity Title Escrow Acct - SBR Construction 10220 7,268,813.00 7,268,813.00 Total Accounts 12,574,517.07 11,816, 445.71
City of Del Rey Oaks
Check/Voucher Register - Claims Report for Council Packet From 2/1/2022 Through 2/28/2022
Check Number Payee Transaction Description Check Amount 20403 AMERICAN SUPPLY COMPANY Supplies 55.94
20404 ARCpoint Labs of Monterey Bay Cuevas - SARS CoV-s rapid antigen for Y 75.00 20405 AT&T CAL NET 2 Acct#9391033789 services 237.34
12/19-01/18/22
AT&T CAL NET 2 acct#9391033790 services 105.13
12/19-01/18/22
AT&T CAL NET 2 Acct#9391033791 services 206.05
12/19-01/18/22
20406 AT&T MOBILITY Acct# 287290891231 services for 900.62 1/3-2/2/22
20407 BRIAN PEREZ Perez Expense Reimbursement 711.59
-travel/Training
20408 CALIFORNIA-AMERICAN WATER Acct# 1015-210021255352 services 63.88 12/21-1/20/22
CALIFORNIA-AMERICAN WATER Acct#1015-210018796550 services 34.28 12/21-1/24/22
CALIFORNIA-AMERICAN WATER Acct#1015-210018799016 services 34.28 12/21-1/20/22
CALIFORNIA-AMERICAN WATER Acct#1015-210021092445 services 31.18 12/21-1/20/22
CALIFORNIA-AMERICAN WATER Acct#1015-210021327653 services 122.23 12/21-1/24/22
CALIFORNIA-AMERICAN WATER Acct#1015-210021396208 services 37.68 12/21-1/20/22
CALIFORNIA-AMERICAN WATER Acct#1015-210021397607 services 85.08 12/21-1/20/22
CALIFORNIA-AMERICAN WATER AcctE1015-210018869991 services 131.53 12/21-1/20/22
20409 CALIFORNIA BUILDING STANDARDS State Building Standards Commision 19.80 COMMISSION Fee 12/31/2021
20410 CHAVAN AND ASSOCIATES, LLP City Audit FY 2020/21 -Measure X 3,500.00 CHAVAN AND ASSOCIATES, LLP Preparation of the City's FY 2020/21 1,500.00 Annual Streets Report SCO
20411 CITY OF SEASIDE Fire Contract Qtr. 1 July - September 53,180.25 2021
20412 CoPower DENTAL COVERAGE January & 5,279.24
February 2022
20413 COASTAL PAVING & EXCAVATING 01/04/2022 services 1,946.75 20414 COMCAST BUSINESS Acct# 8155100230699260 services 301.22 1/18-217/22 -Fred Kane Dr.
COMCAST BUSINESS Acct#8155100280008479 services 368.13
1/10-2/9/22
20415 CORELOGIC SOLUTIONS, LLC. December 2021 flat fee 115.00 20416 CORONADO DEISEL MOBILE SERVICES Ford/Explorer service and repairs 2,211.33 20417 DENISE DUFFY & ASSOCIATES December 2021 #9614 Task 776 1,803.00 General On-Call Consulting
DENISE DUFFY & ASSOCIATES December 2021 #9614 Task 779A LEAP 904.50 Grant Consulting
DENISE DUFFY & ASSOCIATES December 2021 Former Ft. 1,021.50 Ord/Developer #9614 Task #772
DENISE DUFFY & ASSOCIATES December 2021 HMP Compliance 2,108.50 #9614 Task 782
DENISE DUFFY & ASSOCIATES December 2021 Task #779-B REAP 909.50 Grant
DENISE DUFFY & ASSOCIATES November 2021 #9614 Task 776 1,151.50 On-call Consulting
Date: 3/14/22 10:41:22 PM Page: 1
City of Del Rey Oaks
Check/Voucher Register - Claims Report for Council Packet From 2/1/2022 Through 2/28/2022
Check Number Payee Transaction Description Check Amount DENISE DUFFY & ASSOCIATES November 2021 9614 Task 779A LEAP 696.75 DENISE DUFFY & ASSOCIATES November 2021 Former Ft. 895.50 Ord/Deverloper Task 772
DENISE DUFFY & ASSOCIATES Noember 2021 HMP Compliance Task 2,672.00 DENISE DUFFY & ASSOCIATES November 2021 REAP Grant Task 779-B 789.00 20418 DEPT OF CONSERVATION SMIP Fees 10/1-12/31/21 52.25 20419 DIVISION OF THE STATE ARCHITECT 2021 DSA 796 fees 01-2021 -12/2021 97.20 20420 Dog Waste Depot Supplies 194.44
20421 Dooley Enterprises, Inc. Supplies 659.93
20422 Employment Development Department Acct# 925-0483-6 Unemployment 77.65 Liability 07/01-09/30/21
20423 FENTON & KELLER December 2021 CA Native Plant Society 2,525.00
VS FORA
FENTON & KELLER December 2021 City Attorney General 6,592.50 Services
FENTON & KELLER December 2021 City of DRO vs DRO 55.00
Garden Center
FENTON & KELLER December 2021 City of DRO vs William 168.60 & Amy Grass
FENTON & KELLER December 2021 Michelle Ball vs City of 275.00 DRO
FENTON & KELLER November 2021 Public Records Request 110.00 20424 GLOBALSTAR USA Acct# ACO0115154 Service 8/16/21 - 670.50 2/15/22 wireless monthly fees
20425 I.M.P.A.C.GOVERNMT SER VISA Acct# ending 9924 18.35 I.M.P.A.C.GOVERNMT SER VISA City Staff Charges 1,627.98 I.M.P.A.C.GOVERNMT SER VISA PD Charges 2,653.35
20426 JAMES DE CHALK January 2021 Janitorial services 300.00 20427 LEAGUE OF CALIFORNIA CITIES 2022 Membership Dues for Monterey 150.00 Bay Division
20428 MARTINS IRRIGATION SUPPLY, INC. Supplies 27.62
20429 MBS BUSINESS SYSTEMS Contract coverage to 4/1/2022 868.05 -KonicaMinolta/C558
20430 Monterey County Treasurer December 2021 Penanly Assessments 117.50 20431 KAREN MINAMI Minami Weliness Benefit Reimbursement 104.84 20432 MONTEREY BAY AREA INSURANCE FY 21/22 WC Premium and Liability 109,026.45 FUND
20433 MONTEREY BAY OFFICE PRODUCTS Contract# 500-0598993-00 December 255.96 2021 and January 2022 Konika Minolta
Copier
20434 MONTEREY COUNTY ANIMAL Acct# 4000-8442-8072-5750 1st Qtr. 480.00 FY 2021-22
20435 MONTEREY COUNTY BUSINESS 2022 Partner Membership 500.00
COUNCIL
20436 Monterey County, Environmental Health MOA Services rendered 7/1/21-9/30/21 190.17 20437 MONTEREY COUNTY SHERIFF QE 12/21/2021 Criminal Justice 2,130.32 Inforamtion System
20438 MONTEREY ONE WATER FY 21-22 MRSWMP Program 13,308.31 20439 M&S BUILDING SUPPLY, INC. Supplies 78.54
20440 NEILL ENGINEERS CORP Retainer for October 1 thru December 300.00
31. 2021
20441 OFFICE DEPOT Supplies 249.09
20442 PG&E PGE services 11/22/21-12/21/21 2,058.55
20443 PG&E-GJM&218 PGE GJM services 12/14/21 - 1/11/22 51.29 20414 PITNEY BOWES PURCHASE POWER Postaage 238.91
Date: 3/14/22 10:41:22 PM Page: 2
City of Del Rey Oaks
Check/Voucher Register - Claims Report for Council Packet From 2/1/2022 Through 2/28/2022
Check Number Payee Transaction Description Check Amount 20445 PRO SQUAD Supplies 393.29
20446 REGIONAL GOVERNMENT SERICES December 2021 Contract Services 14,510.25 -Finance
REGIONAL GOVERNMENT SERIVES December 2021 Contract Services -HR 1,783.50 20447 ROGER GUZMAN Guzman -reimbursement training 526.50 20448 SHIELD INVESTIGATION SOLUTIONS Police ID Cards -Moore 99.00 20449 SIGN WORKS Prop 68 Signs 353.18
SIGN WORKS Restricted Signs 228.11
20450 TERMINIX Pest control 89.00
20451 US BANK Acct# 500-0518855-000 Konica Minolta 394.50 C558 Copier
20452 VSP VISION PLAN February 2022 309.09
20453 AMERICAN LOCK & KEY Supplies 229.47
20454 AMERICAN SUPPLY COMPANY Supplies 182.55
20455 ARCpoint Labs of Monterey Bay AP Run 2/18/22 375.00 20456 AT&T MOBILITY Acct#287290891231 services 900.95
2/3-3/2/22
20457 League of California Cities Membership Dues for Calendar Year 1,183.00 2022
20458 CoPower DENTAL COVERAGE March 2022 2,629.63
20459 COLANTUONO, HIGHSMITH & December 2021 Ballot Measure 38.50
WHATLEY, PC
20460 COMCAST BUSINESS Acct#8155100280008479 services 378.13 2/10-3/9/22
20461 Employment Development Department Acct#925-0483-6 Unemployment 823.00 Liability 10/1-12/31/21
20462 G.P.S. SOLUTIONS January 2022 Building Permits & 4,497.89 Inspections
20463 Hana Gardens Del Rey Oaks Supplies 26.54
20464 HYDRO TURF Supplies 567.66
20465 MARTINS IRRIGATION SUPPLY, INC. Supplies 44.56
20466 Monterey County Treasurer January 2022 Penalty Assessments 112.50 20467 MONTEREY BAY OFFICE PRODUCTS Acct# 500-0598993-000 services for 148.98 2/2022
20468 MONTEREY BAY TECHNOLOGIES IT services retainer for Jan - February 2,200.00 2022
20469 Monterey County Mayor's Association Anuual dues for 2022 1,500.00 20470 MONTEREY ONE WATER Acct# 09-000306 services 1/1-2/28/22 65.82 20471 MONTEREY TIRE SERVICE Supplies 26.73
20472 M&S BUILDING SUPPLY, INC. Supplies 11.12
20473 OFFICE DEPOT supplies 252.17
20474 PG&E Acct#4283033409-2 PGE services 2,636.07
12/22/21 - 01/20/2022
20475 PRECISION ALARMS AND AUTOMATION January 2021 Alarm Monitoring system 158.00 20476 PURE WATER Supplies 47.75
20477 REGIONAL GOVERNMENT SERICES October 2021 Contract services 727.50 20478 ROGER GUZMAN Guzman -Expense reimbursement 381.54 20479 SHRED-IT August 2021 - January 2022 shredding 683.68 services
20480 SIGN WORKS Signs -Supplies 572.00
20481 TERMINIX Pest control 95.00
20482 THE MAYNARD GROUP Acct# C3744 monthly services 67.00 20483 Universal Staffing, Inc. PPE 02/12/22 Temp work 727.62 Universal Staffing, Inc. PPE 11/20/21 Temp work 475.20
Universal Staffing, Inc. PPE 12/11/21 Temp work 475.20
Date: 3/14/22 10:41:22 PM Page: 3
City of Del Rey Oaks
Check/Voucher Register - Claims Report for Council Packet From 2/1/2022 Through 2/28/2022
Check Number Payee Transaction Description Check Amount 20484 US BANK aCст#500-0518855-000 Konica Minolta 394.50 C558 Copier
20485 Yaneli Cuevas Cuevas -expense reimbursement 44.12 ADP202202-1 ADP ADP fees 02232022 YE Tax reporting 236.30 ADP202202-2 ADP ADP fees 02112022 943.50
ADP202202-3 ADP ADP fees Tax Adj. 29.85
Chevron 020... WEX BANK-CHEVRON Fuel charges for 01/2022 2,029.20 PERS 013122 PERS CaPERS 1900 457 1/31/22 Contribution 2,300.00 PERS 01312... PERS PERS 3100 Contribution Retirment 3,453.78 1/31/2022 - Plan 1365
PERS 01312... PERS PERS 3100 Contribution Retirement 4,116.22 1/31/2022 -Plant 25623
PERS 01312... PERS PERS 3100 Contribution Retirement 592.82 1/31/2022 -Plan 1364
PERS 01312... PERS PERS 3100 Contribution Retirement 1,828.26 1/31/2022 - Plan 26934
PERS 01312... P.E.R.S.-HEALTH CaIPERS 1800 Health 2/2022 31,979.16 PERS 02152... PERS CaPERS 1900 457 02/15/2022 2,700.00
Contribution
PERS021522-2 PERS PERS 3100 Contribution Retirment 3,586.30 02/15/2022 -Plan 1365
PERS021522-3 PERS PERS 3100 Contribution Retirement 4,167.27 02/15/2022 -Plan 25623
PERS021522-4 PERS PERS 3100 Contribution Retirement 529.62 02/15/2022 -Plan 1364
PERS021522-5 PERS PERS 3100 Contribution Retirement 1,934.60 02/15/2022 -Plan 26934
Shell 020822 WEX BANK-CHEVRON Shell Fuel charges for 01/2022 441.15 Report Total 333,652.46
Date: 3/14/22 10:41:22 PM Page: 4
City of Del Rey Oaks
Statement of Revenues and Expenditures - YTD Bud v. Actual General Fund Summary 100 - General Fund
From 2/1/2022 Through 2/28/2022
Current Month Year to Date Total Budget - Percent
Actual Actual Original Collected/Spent
Revenue
Property Taxes 0.00 421,801.61 716,300.00 58.88%
Other Taxes 128,719.07 1,290,614.47 1,763,500.00 73.18% Licenses and Permits 9,193.67 220,418.66 306,300.00 71.96% Reimbursements 36.00 554.00 1,000.00 55.40%
Fines and Forfeitures 287.00 3,099.44 5,200.00 59.60%
Other 6,672.22 97,007.63 47,000.00 206.39%
Grants 0.00 170,493.28 112,500.00 151.54%
Current Services 97,842.62 813,042.38 1,213,250.00 67.01% Parks and Recreation 650.00 3,050.00 1,000.00 305.00%
Total Revenue 243,400.58 3,020,081.47 4,166,050.00 72.49% Expenditures
Council 6,613.69 20,635.28 32,110.00 34.90%
City Clerk 39,951.42 237,827.89 394,950.00 60.21%
City Manager 33,909.30 188,696.01 280,330.00 53.55%
Audit/Treasurer 20,734.20 103,744.83 222,700.00 46.58%
Legal 9,764.60 96,792.46 226,500.00 42.73%
Planning & Building 13,159.31 89,005.60 83,000.00 107.23% Regulation
Government Buildings 0.00 13,330.52 22,100.00 60.31%
Non-Departmental 264.25 35,832.25 21,540.00 166.35%
Police 234,087.99 1,568,798.66 2,097,600.00 75.14%
Fire/Animal Control 53,660.25 53,660.25 201,000.00 26.69% Public Works/Streets 38,151.70 161,590.35 230,730.00 70.03% Parks/Recreation 776.54 5,840.71 45,500.00 12.83%
Total Expenditures 451,073.25 2,575,754.81 3,858,060.00 65.26% Net Revenues (207,672.67) 444,326.66 307,990.00 202.89% Other Financing Sources and
Uses
Uses 0.00 0.00 (35,400.00) 0.00%
Total Other Financing Sources 0.00 0.00 (35,400.00) 0.00% and Uses
Net Revenues After Other (207,672.67) 444,326.66 272,590.00 202.89% Financing Sources and Uses
Date: 3/14/22 10:21:32 PM Page: 1
City of Del Rey Oaks
Statement of Revenues and Expenditures - YTD Bud v. Actual General Fund Summary 210 - Gas Tax Fund
From 2/1/2022 Through 2/28/2022
Current Month Year to Date Total Budget - Percent
Actual Actual Original Collected/Spent
Revenue
Other 3,164.65 26,346.06 41,400.00 63.63%
Total Revenue 3,164.65 26,346.06 41,400.00 63.64%
Expenditures
Public Works/Streets 2,024.52 8,277.43 25,000.00 33.10% Total Expenditures 2,024.52 8,277.43 25,000.00 33.11%
Net Revenues 1,140.13 18,068.63 16,400.00 110.17%
Net Revenues After Other 1,140.13 18,068.63 16,400.00 110.17% Financing Sources and Uses
Date: 3/14/22 10:21:32 PM Page: 2
City of Del Rey Oaks
Statement of Revenues and Expenditures - YTD Bud v. Actual General Fund Summary 211 - SB1 Fund
From 2/1/2022 Through 2/28/2022
Current Month Year to Date Total Budget - Percent
Actual Actual Original Collected/Spent
Revenue
Other 2,588.84 22,362.23 33,890.00 65.98%
Total Revenue 2,588.84 22,362.23 33,890.00 65.98%
Expenditures
Portola/Work Walkway 0.00 34,675.00 35,000.00 99.07%
Street Curb Replacement 0.00 0.00 20,000.00 0.00%
Total Expenditures 0.00 34,675.00 55,000.00 63.05%
Net Revenues 2,588.84 12,312.77 (21,10.00) 58.32%
Net Revenues After Other 2,588.84 12,312.77 58.32%
Financing Sources and Uses
Date: 3/14/22 10:21:32 PM Page: 3
City of Del Rey Oaks
Statement of Revenues and Expenditures - YTD Bud v. Actual General Fund Summary 212 - Measure X Fund
From 2/1/2022 Through 2/28/2022
Current Month Year to Date Total Budget - Percent
Actual Actual Original Collected/Spent
Revenue
Other 0.00 0.00 76,000.00 0.00%
Total Revenue 0.00 0.00 76,000.00 0.00%
Expenditures
Debt Service - Measure X 0.00 0.00 76,000.00 0.00%
Total Expenditures 0.00 0.00 76,000.00 0.00%
Net Revenues 0.00 0.00 0.00%
Net Revenues After Other 0.00 0.00 0.00%
Financing Sources and Uses
Date: 3/14/22 10:21:32 PM Page: 4
City of Del Rey Oaks
Statement of Revenues and Expenditures - YTD Bud v. Actual General Fund Summary 221 - FORA Habitat Management Fund
From 2/1/2022 Through 2/28/2022
Current Month Year to Date Total Budget - Percent
Actual Actual Original Collected/Spent
Expenditures
Planning & Building 4,780.50 11,622.00 73,300.00 15.85% Regulation
Total Expenditures 4,780.50 11,622.00 73,300.00 15.86%
Net Revenues (4,780.50) (11,622.00) (73,300.00) 15.85%
Net Revenues After Other (4,780.50) (11,622.00) (73,300.00) 15.85% Financing Sources and Uses
Date: 3/14/22 10:21:32 PM Page: 5
City of Del Rey Oaks
Statement of Revenues and Expenditures - YTD Bud v. Actual General Fund Summary 223 - ARPA Fund
From 2/1/2022 Through 2/28/2022
Current Month Year to Date Total Budget - Percent
Actual Actual Original Collected/Spent
Revenue
Other 0.00 197,836.00 0.00 0.00%
Total Revenue 0.00 197,836.00 0.00 0.00%
Net Revenues 0.00 197,836.00 (618.23)%
Net Revenues After Other 0.00 197,836.00 (618.23)%
Financing Sources and Uses
Date: 3/14/22 10:21:32 PM Page: 6
City of Del Rey Oaks
Statement of Revenues and Expenditures - YTD Bud v. Actual General Fund Summary 311 - Prop 68 Grant Fund
From 2/1/2022 Through 2/28/2022
Current Month. Year to Date Total Budget - Percent
Actual Actual Original Collected/Spent
Revenue
Other 0.00 0.00 141,600.00 0.00%
Total Revenue 0.00 0.00 141,600.00 0.00%
Expenditures
Park Improvements 0.00 0.00 177,000.00 0.00%
Total Expenditures 0.00 0.00 177,000.00 0.00%
Net Revenues 0.00 0.00 (35,400.00) 0.00%
Other Financing Sources and
Uses
Sources 0.00 0.00 35,400.00 0.00%
Total Other Financing Sources 0.00 0.00 35,400.00 0.00% and Uses
Net Revenues After Other 0.00 0.00 0.00 0.00%
Financing Sources and Uses
Date: 3/14/22 10:21:32 PM Page: 7
City of Del Rey Oaks
Statement of Revenue and Expenditures - YTD Budget v. Actual by Fund & Dept (FY 21-22) 100 - General Fund
From 2/1/2022 Through 2/28/2022
Current Period Current Year Total Budget - Percent of
Actual Actual Original Budget Used
Revenue
Non Department Specific 000
P/T-Secured 41110 0.00 299,708.97 507,000.00 59.11%
P/T-Unsecured 41120 0.00 22,489.37 18,000.00 124.94%
P/T-Prior Secured 41130 0.00 3,450.98 6,000.00 57.51%
Prior Unsecured 41140 0.00 0.00 100.00 0.00%
P/T-Unitary Tax 41150 0.00 4,906.72 8,400.00 58.41%
P/T-Supplemental Roll (SB813) 41160 0.00 5,223.38 9,800.00 53.29% Property Tax - VIf 41170 0.00 85,856.00 166,000.00 51.72% P/T-Int/Penal 41180 0.00 166.19 1,000.00 16.61%
Sales Tax 42210 60,511.10 372,079.90 395,000.00 94.19%
Sales Tax - Add On 42220 59,355.74 648,662.20 837,000.00 77.49% Cannabis Tax 42222 0.00 123,230.00 300,000.00 41.07%
Transient Occupancy Tax 42230 1,823.87 49,893.53 35,000.00 142.55% Property Transfer Tax 42250 0.00 0.00 9,200.00 0.00%
Sewer Impact 42290 0.00 0.00 15,000.00 0.00%
Business Licenses 42310 654.00 145,769.23 215,000.00 67.79% Gas Franchises 42761 0.00 0.00 5,800.00 0.00%
Electric Franchises 42762 0.00 0.00 18,500.00 0.00%
Garbage Franchises 42763 0.00 75,957.04 100,000.00 75.95% Cable Tv Franchises 42764 7,028.36 20,791.80 26,000.00 79.96% Water Franchises 42765 0.00 0.00 22,000.00 0.00%
Sb1186 Disability Access Fund 43311 36.00 554.00 1,000.00 55.40% SB1473 Evironmental 43312 4.00 51.00 100.00 51.00%
Assessment Fee
Building Permits 43320 1,811.67 28,908.93 35,000.00 82.59% Cannabis Business Permit 43325 5,000.00 30,000.00 30,000.00 100.00% Plan Check Fees 43330 1,099.00 10,989.50 17,000.00 64.64% Street Opening Permits Fees 43340 250.00 2,700.00 5,000.00 54.00% Plumbing Permits 43350 250.00 1,250.00 1,600.00 78.12%
Electrical Permits 43360 125.00 750.00 1,600.00 46.87%
Other Licenses/Permits 43390 0.00 0.00 1,000.00 0.00%
Fines & Forfeitures 45000 0.00 0.00 200.00 0.00%
Vehicle Code Fines 45510 287.00 3,099.44 5,000.00 61.98% Interest Earned 46100 0.00 4,462.74 20,000.00 22.31%
Rental - Garden Ctr 46815 6,000.00 27,000.00 36,000.00 75.00% Rental - Airport RV 46816 2,900.00 23,200.00 35,000.00 66.28% Rental - PW BIdg 46817 0.00 7,000.00 12,000.00 58.33%
HOPTR 47130 0.00 324.50 1,200.00 27.04%
Vehicle License Collection 47140 25.00 605.00 0.00 0.00% Cop Monies 47240 0.00 127,951.53 100,000.00 127.95%
AMBAG REAP Grant - Housing 47241 0.00 8,462.00 0.00 0.00% Element
HCD LEAP Grant - Housing 47242 0.00 24,079.75 0:00 0.00% Element
Prop 172 47750 6,615.00 20,483.63 15,000.00 136.55%
Grants - Wellness 47760 0.00 7,500.00 7,500.00 100.00%
Police Grants Other Agencies 47780 0.00 2,500.00 5,000.00 50.00% Police Reports 48210 0.00 375.00 2,000.00 18,75%
Police Services 48211 0.00 39,150.00 5,000.00 783.00%
Public Events 48212 0.00 0.00 5,000.00 0.00%
Use Permits 48805 1,630.00 14,634.00 20,000.00 73.17%
Maps/Publications 48810 0.00 6.30 100.00 6.30%
Date: 3/14/22 10:28:42 PM Page: 1
City of Del Rey Oaks
Statement of Revenue and Expenditures - YTD Budget v. Actual by Fund & Dept (FY 21-22) 100 - General Fund
From 2/1/2022 Through 2/28/2022
Current Period Current Year Total Budget - Percent of
Actual Actual Original Budget Used
Property Inspections 48825 750.00 5,250.00 4,500.00 116.66% Miscellaneous Services 48840 8.45 5,409.39 10,000.00 54.09% Donation - Other Non-Pd 48844 0.00 1,500.00 0.00 0.00%
Rental - Park 48910 650.00 3,050.00 1,000.00 305.00%
Miscellaneous Refunds 48930 32.22 412.04 0.00 0.00%
Restitution 48960 0.00 70,719.72 10,800.00 654.81%
Police 210
Airport Police Services 48220 86,554.17 689,517.69 1,083,650.00 63.62% Total Revenue 243,400.58 3,020,081.47 4,166,050.00 72.49% Expense
Council 110
Council Member Stipend 61115 625.00 5,000.00 7,500.00 66.66% Medicare 61130 9.06 72.49 110.00 65.90%
Dental Expense 61135 1,380.81 4,179.75 7,000.00 59.71%
Member/Dues/Contributions 64550 4,283.00 5,107.12 2,000.00 255.35% Ad/Promotion City Cndl 64555 0.00 0.00 1,500.00 0.00%
Strategic Planning 64570 0,00 5,960.10 11,000.00 54.18% Travel Expenses 64610 315.82 315.82 3,000.00 1.05%
City Clerk 111
Payroll 61105 12,331.82 87,156.68 141,100.00 61.76%
Temp Payroll 61107 1,678.02 3,192.72 25,000.00 12.77%
Overtime 61110 0.00 0.00 5,000.00 0.00%
PERS UAL 61124 0.00 32,973.00 34,200.00 96.41%
PERS Retirement 61125 996.10 6,741.54 11,700.00 57.62%
Medicare 61130 178.81 1,248.81 2,100.00 59.46%
Social Security 61131 38.75 431.40 0.00 0.00%
Employer FUTA 61132 18.75 115.35 0.00 0.00%
Dental Expense 61135 783.04 2,522.55 3,500.00 72.07%
Health Insurance 61140 4,311.29 34,102.59 43,500.00 78.39% Health Insurance - Retiree 61141 149.00 441.00 0.00 0.00% Vision Ins 61145 16.51 165.10 500.00 33.02%
Workers Comp 61150 6,062.09 11,312.09 8,400.00 134.66%
Wellness Program 61155 104.84 458.84 1,000.00 45.88%
Materials/Supply 62410 506.74 11,437.77 10,870.00 105.22% Office Supplies 62430 1,651.51 6,188.91 11,200.00 55.25% Telephone 63530 642.43 4,589.06 7,680.00 59.75%
Internet 63531 184.07 310.57 0.00 0.00%
Website Design & Maintenance 63535 0.00 179.88 3,200.00 5.62% Postage / Shipping 63540 353.91 2,049.47 2,400.00 85.39% Liability/Prop Non-Dpt 63620 6,723.31 13,160.27 10,600.00 124.15% Contract Services - IT 63635 1,100.00 5,475.89 5,000.00 109.51% Contract Services - HR 63652 2,511.00 11,013.72 40,000.00 27.53% Organic Waste Regs Services 63654 0.00 0.00 12,000.00 0.00% Municipal Code Service 64320 0.00 495.00 10,000.00 4.95% Records Retention Services 64330 0.00 2,450.00 5,000.00 49.00% Member/Dues/Contributions 64550 0.00 914.00 1,000.00 91.40% City Manager 120
Payroll 61105 14,569.04 117,952.06 180,000.00 65.52%
PERS UAL 61124 0.00 575.50 600.00 95.91%
PERS Retirement 61125 1,106.88 8,752.03 13,700.00 63.88% Medicare 61130 217.98 1,704.39 2,700.00 63.12%
Employer FUTA 61132 0.00 "84.00 0.00 0.00%
Dental Expense 61135 457.83 1,263.19 1,600.00 78.94%
Date: 3/14/22 10:28:42 PM Page: 2
City of Del Rey Oaks
Statement of Revenue and Expenditures - YTD Budget v. Actual by Fund & Dept (FY 21-22) 100 - General Fund
From 2/1/2022 Through 2/28/2022
Current Period Current Year Total Budget - Percent of
Actual Actual Original Budget Used
Health Insurance 61140 2,748.23 20,095.54 21,800.00 92.18% Vision Ins 61145 29.60 151.42 500.00 30.28%
Workers Comp 61150 6,723.21 11,873.21 9,400.00 126.31%
Wellness Program 61155 0.00 89.74 500.00 17.94%
Deferred Compensation 61165 0.00 0.00 12,000.00 0.00%
Admin Leave 61175 0.00 4,711.35 7,000.00 67.30%
Auto Allowance 61180 450.00 2,925.00 5,400.00 54.16%
Office Supplies 62430 0.00 1,370.39 1,530.00 89.56%
Liability/Prop Non-Dpt 63620 7,456.53 13,850.24 11,800.00 117.37% Member/Dues/Contributions 64550 150.00 3,381.95 3,500.00 96.62% Books and Periodicals 64565 0.00 0.00 300.00 0.00%
Travel Expenses 64610 0.00 0.00 8,000.00 0.00%
Audit/Treasurer 130
ADP Payroll Fees 62310 1,223.95 4,694.30 3,500.00 134.12% Bank Service Charges 62320 0.00 461.80 1,000.00 46.18%
Accounting Software 62431 0.00 3,593.26 3,200.00 112.28% Contractual Services - Audit 63625 5,000.00 12,763.72 35,000.00 36.46% Contract Services - Accounting 63645 14,510.25 82,231.75 180,000.00 45.68% Legal 150
Contract Services - Legal 63650 9,764.60 95,962.96 225,000.00 42.65% Legal Advert 64560 0.00 829.50 1,500.00 55.30%
Planning & Building Regulation 160
Economic Development 63639 20,878.75 20,878.75 0.00 0.00% Services
Contract Services - Planning 63640 (44,190.69) 16,686.75 80,000.00 20.85% Contract Services - Housing 63642 3,299.75 16,905.00 0.00 0.00% Element
Building Inspections Services 63648 30,453.33 30,453.33 0.00 0.00% Engineering Services 63649 2,718.17 2,718.17 0.00 0.00% Member/Dues/Contributions 64550 0.00 1,363.60 0.00 0.00% Travel Expenses 64610 0.00 0.00 3,000.00 0.00%
Government Buildings 180
Repair/Maintenance 63505 0.00 12,018.02 20,000.00 60.09% Janitorial Fund 63660 0.00 1,312.50 2,100.00 62.50%
Non-Departmental 190
Materials/Supply 62410 192.20 992.20 6,120.00 16.21%
Telephone 63530 0.00 0.00 1,120.00 0.00%
Liability/Prop Non-Dpt 63620 0.00 14,802.50 0.00 0.00%
Member/Dues/Contributions 64550 0.00 19,835.16 13,000.00 152.57% Misc Expenses 64580 0.00 109.90 1,000.00 10.99%
S.M.I:P. 64930 52.25 66.09 200.00 33.04%
Sb 1473 64940 19.80 26.40 100.00 26.40%
Police 210
Payroll 61105 74,335.22 548,288.66 934,800.00 58.65%
Overtime 61110 8,176.87 86,221.06 70,000.00 123.17%
Reserves Payroll 61120 4,140.00 73,560.00 70,000.00 105.08% PERS UAL 61124 0.00 91,169.00 94,400.00 96.57%
PERS Retirement 61125 9,143.78 57,698.77 117,600.00 49.06% PERS 457 Expense 61126 3,300.00 22,300.00 36,000.00 61.94% Medicare 61130 1,436.78 14,318.90 13,500.00 106.06%
Social Security 61131 28.83 872.11 0.00 0.00%
Employer FUTA 61132 29.00 532.97 0.00 0.00%
Dental Expense 61135 4,895.67 14,962.87 21,100.00 70.91% Date: 3/14/22 10:28:42 PM Page: 3
City of Del Rey Oaks
Statement of Revenue and Expenditures - YTD Budget v. Actual by Fund & Dept (FY 21-22) 100 - General Fund
From 2/1/2022 Through 2/28/2022
Current Period Current Year Total Budget - Percent of
Actual Actual Original Budget Used
Health Insurance 61140 22,507.62 160,412.38 261,800.00 61.27% Health Insurance -Retiree 61141 149.00 441.00 0.00 0.00% Vision Ins 61145 246.47 1,964.92 3,200.00 61.40%
Workers Comp 61150 36,447.26 123,447.26 118,700.00 103.99% Wellness Program 61155 0.00 1,717.03 5,000.00 34.34%
Uniform Allowance 61160 0.00 7,000.00 10,000.00 70.00%
Admin Leave 61175 12,435.42 99,656.70 0.00 0.00%
Materials/Supply 62410 867.96 13,251.98 45,000.00 29.44% Ammunition 62420 659.93 1,254.73 4,000.00 31.36%
Office Supplies 62430 513.90 2,093.58 3,000.00 69.78%
Special Supply Police 62440 0.00 9,614.90 0.00 0.00%
PD Safety Equip Lease - 62460 393:29 28,915.23 20,700.00 139.68% Principal
Auto Ops - Supplies / Equip 62710 0.00 271.03 2,500.00 10.84% Auto Ops - Fuel 62720 2,029.20 15,244.91 26,000.00 58.63% Repair/Maintenance 63505 493.94 7,663.92 14,000.00 54.74% Telephone 63530 2,620.14 10,899.29 14,000.00 77.85%
Internet 63531 863.41 1,951.36 0.00 0.00%
Postage / Shipping 63540 0.00 149.85 500.00 29.97%
Training Police 63605 2,950.25 10,955.32 10,000.00 0.00% Liability/Prop Non-Dpt 63620 41,323.34 80,953.73 66,200.00 122.28% Contract Services - IT 63635 1,100.00 5,824.25 5,000.00 116.48% Contract Services - HR 63652 0.00 0.00 3,000.00 0.00%
Janitorial Fund 63660 300.00 637.50 2,000.00 31.87%
Radio Dispatch Police 63665 0.00 58,926.00 85,000.00 69.32% Auto Repair/Maintenance 63730 21.00 4,246.39 14,000.00 30.33% Animal Regulation Fire 63820 0.00 160.00 500.00 32.00%
Fund Jail & Prisoner 63830 0.00 0.00 200.00 0.00%
Acjis System Police 63840 2,130.32 4,360.34 7,000.00 62.29% Personnel Recruit & 64545 0.00 102.00 3,000.00 3.40%
Pre-Employment
Member/Dues/Contributions 64550 0.00 3,020.95 3,000.00 100.69% Books and Periodicals 64565 0.00 778.00 900.00 86.44%
Travel Expenses 64610 1,619.63 6,757.21 12,000.00 56.31% Fire/Animal Control 220
Fire Seaside 63810 53,660.25 53,660.25 201,000.00 26.69% Public Works/Streets 311
Payroll 61105 6,706.80 51,129.14 75,900.00 67.36%
Overtime 61110 0.00 0.00 3,000.00 0.00%
PERS UAL 61124 0.00 575.50 600.00 95.91%
PERS Retirement 61125 509.05 3,651.85 5,800.00 62.96%
Medicare 61130 97.25 744.16 1,100.00 67.65%
Employer FUTA 61132 1.76 42.01 0.00 0.00%
Dental Expense 61135 391.52 1,185.14 1,800.00 65.84%
Health Insurance 61140 2,114.02 15,458.12 21,800.00 70.90% Vision Ins 61145 16.51 132.08 300.00 44.02%
Workers Comp 61150 2,461.44 5,061.44 3,500.00 144.61%
Wellness Program 61155 0.00 524.59 500.00 104.91%
Materials/Supply 62410 2,392.33 8,079.29 16,500.00 48.96% Office Supplies 62430 38.11 82.91 1,530.00 5.41%
Auto Ops - Supplies / Equip 62710 0.00 1,120.66 2,500.00 44.82% Auto Ops - Fuel 62720 441.15 3,153.22 4,000.00 78.83%
Repair/Maintenance 63505 1,946.75 25,263.97 41,000.00 61.61% Date: 3/14/22 10:28:42 PM Page: 4
City of Del Rey Oaks
Statement of Revenue and Expenditures - YTD Budget v. Actual by Fund & Dept (FY 21-22) 100 - General Fund
From 2/1/2022 Through 2/28/2022
Current Period Current Year Total Budget - Percent of
Actual Actual Original Budget Used
Gabilan Crew 63515 0.00 5,000.00 3,000.00 166.66%
Utilities/Pge 63520 2,721.39 7,083.20 12,000.00 59.02%
Utilities/Water 63525 65.82 2,148.75 2,500.00 85.95%
Liability/Prop Non-Dpt 63620 2,729.92 5,419.19 4,400.00 123.16% Auto Repair/Maintenance 63730 2,211.33 5,401.83 6,000.00 90.03% Storm Water Project - Phase 4 64920 13,308.31 20,375.31 23,000.00 88.58% Parks/Recreation 411
PERS Retirement 61125 0.00 0.00 2,000.00 0.00%
Materials/Supply 62410 41.96 174.77 16,500.00 1.05%
Repair/Maintenance 63505 194.44 3,499.84 25,000.00 13.99% Utilities/Water 63525 540.14 2,166.10 2,000.00 108.30%
Total Expense 452,535.82 2,580,976.58 3,858,060.00 65.39% Net Income Before Other (209,135.24) 439,104.89 307,990.00 200.51% Eithercrigaßininges/Usess and Uses
Transfer In/Out 700
Transfers Out - Prop 68 Grant 81311 0.00 0.00 (35,400.00) 0.00% Fund
Total Other Financing Sources 0.00 0.00 (35,400.00) 0.00% and Uses
Net Income After Other Financing _(209,135.24) 439,104.89 272,590.00 200.51% Sources and Uses
Date: 3/14/22 10:28:42 PM Page: 5
City of Del Rey Oaks
Statement of Revenue and Expenditures - YTD Budget v. Actual by Fund & Dept (FY 21-22) 210 - Gas Tax Fund
From 2/1/2022 Through 2/28/2022
Current Period Current Year Total Budget - Percent of
Actual Actual Original Budget Used
Revenue
Non Department Specific 000
Gas Tax 2103 47010 672.60 8,306.11 12,000.00 69.21%
Gas Tax 2105 47020 744.08 5,595.27 8,800.00 63.58%
Gas Tax 2106 47030 731.69 5,231.21 8,400.00 62.27%
Gas Tax 2107 47040 1,016.28 6,213.47 11,200.00 55.47%
Gas Tax 2107.5 47050 0.00 1,000.00 1,000.00 100.00%
Total Revenue 3,164.65 26,346.06 41,400.00 63.64%
Expense
Public Works/Streets 311
Street Sweeping 63510 0.00 0.00 10,000.00 0.00%
Street Lighting 63910 2,024.52 8,277.43 15,000.00 55.18% Total Expense 2,024.52 8,277.43 25,000.00 33.11%
Net Income Before Other 1,140.13 18,068.63 16,400.00 110.17% 1,140.13 18,068.63 16,400.00 110.17%
Sources and Uses
Date: 3/14/22 10:28:42 PM Page: 6
City of Del Rey Oaks
Statement of Revenue and Expenditures - YTD Budget v. Actual by Fund & Dept (FY 21-22) 211 - SB1 Fund
From 2/1/2022 Through 2/28/2022
Current Period Current Year Total Budget - Percent of
Actual Actual Original Budget Used
Revenue
Non Department Specific 000
SB 1 Funds 47777 2,588.84 22,362.23 33,890.00 65.98%
Total Revenue 2,588.84 22,362.23 33,890.00 65.98%
Expense
Portola/Work Walkway 520
Street Improvements 66410 0.00 34,675.00 35,000.00 99.07% Street Curb Replacement 521
Street Improvements 66410 0.00 0.00 20,000.00 0.00%
Total Expense 0.00 34,675.00 55,000.00 63.05%
Net Income Before Other 2,588.84 (12,312.77) (21,110.00) 58.32% Nielairbogn@oAtes@lthes Financing 2,588.84 (12,312.77) (21,110.00) 58.32% Sources and Uses
Date: 3/14/22 10:28•42 PM Page: 7
City of Del Rey Oaks
Statement of Revenue and Expenditures - YTD Budget v. Actual by Fund & Dept (FY 21-22) 212 - Measure X Fund
From 2/1/2022 Through 2/28/2022
Current Period Current Year Total Budget - Percent of
Actual Actual Original Budget Used
Revenue
Non Department Specific 000
Measure X 47775 0.00 0.00 76,000.00 0.00%
Total Revenue 0.00 0.00 76,000.00 0.00%
Expense
Debt Service - Measure X 610
Principal - Measure X Loan 65103 0.00 0.00 76,000.00 0.00% Total Expense 0.00 0.00 76,000.00 0.00%
Net Income Before Other 0.00 0.00 0.00%
Fielaluingn@ofkers@lles Financing 2.00
0.00 0.00 0.00%
Sources and Uses
Date: 3/14/22 10:28:42 PM Page: 8
City of Del Rey Oaks
Statement of Revenue and Expenditures - YTD Budget v. Actual by Fund & Dept (FY 21-22) 221 - FORA Habitat Management Fund
From 2/1/2022 Through 2/28/2022
Current Period Current Year Total Budget - Percent of
Actual Actual Original Budget Used
Expense
Planning & Building Regulation 160
Habitat Management Planning 66310 4,780.50 11,622.00 73,300.00 15.85% Total Expense 4,780.50 11,622.00 73,300.00 15.86%
Net Income Before Other (4,780.50) (11,622.00) (73,300.00) 15.85% Nida ironogn®oAfires libes Financing (4,780.50) (11,622.00) (73,300.00) 15.85% Sources and Uses
Date: 3/14/22 10:28:42 PM Page: 9
City of Del Rey Oaks
Statement of Revenue and Expenditures - YTD Budget v. Actual by Fund & Dept (FY 21-22) 223 - ARPA Fund
From 2/1/2022 Through 2/28/2022
Current Period Current Year Total Budget - Percent of
Actual Actual Original Budget Used
Revenue
Non Department Specific 000
ARPA Grant 47521 0.00 197,836.00 0.00 0.00%
Total Revenue 0.00 197,836.00 0.00 0.00%
Net Income Before Other 0.00 197,836.00 0.00 (618.23)%
Fielaig @okitestses Financing 0.00 197,836.00 0.00 (618.23)% Sources and Uses
Date: 3/14/22 10:28:42 PM Page: 10
City of Del Rey Oaks
Statement of Revenue and Expenditures - YTD Budget v. Actual by Fund & Dept (FY 21-22) 311 - Prop 68 Grant Fund
From 2/1/2022 Through 2/28/2022
Current Period Current Year Total Budget- Percent of
Actual Actual Original Budget Used
Revenue
Non Department Specific 000
Prop 68 Grant 47751 0.00 0.00 141,600.00 0.00%
Total Revenue 0.00 0.00 141,600.00 0.00%
Expense
Park Improvements 522
Park Improvements 66420 0.00 0.00 177,000.00 0.00%
Total Expense 0.00 0.00 177,000.00 0.00%
Net Income Before Other 0.00 0.00 (35,400.00) 0.00%
EthancigaRingeSpUsess and Uses
Non Department Specific 000
Transfers In 49100 0.00 0.00 35,400.00 0.00%
Total Other Financing Sources 0.00 0.00 35,400.00 0.00% and Uses
Net Income After Other Financing 0.00 0.00 0.00 0.00%
Sources and Uses
Date: 3/14/22 10:28:42 PM Page: 11
usbank.
O. BOX 63-
ARGO ND 58125-634 ACCOUNT NUMBER Ending; 9924
STATEMENT DATE 02-22-2022
AMOUNT DUE $3.034.16
NEW BALANCE $3.034.16
PAYMENT DUE ON RECEIPT
AMOUNT ENCLOSED
000001056 01 SP 0.530 106481465219952 P $
Please make check payable to'U.S. Bank"
DEL REY OAKS 93940-5594
U.S. BANK CORPORATE PAYMENT SYSTEMS
BOX 790428
ST. LOUIS, MO 63179-0428
4246044555649924 000303416 00030341Ь
Please tear payment coupon at perforation.
CORPORATE ACCOUNT SUMMA
Purchases Late
DEL REY OAKS Previous And Other Payment
Acct Ending: 9924 Balance + Chartes + Advances + Adese Fees + Charges - Credits - Payments = Balance Company Total $15.701.19 $3,034.16 $0.00 $.00 $0,00 $0.00 $15.701.19 53.034.16
CORPORATE ACCOUNT ACTIVITY
DEL REY OAKS TOTAL CORPORATE ACTIVITY
Acct Ending: 9924 $4,299.68 CR
Pater Date Date Reference Number Transaction Description Amount 02-17 02-13 74798262048000000000217 PAYMENT - THANK YOU 00000 C 4,299.68 PY
NEW ACTIVITY
POLICE DEPARTMENT CREDITS PURCHASES CASHAD TOTAL ACTIVIT CC ending: 5595 $656.38 $1,122.06 5465.61
Post Tran
Date Date Detalls Transaction Description Amount
01-26 01-25 PD Supplies QUALIFICATION TARGETS INC 866-4988228 WI Training PAYPAL *HUMANPERFOR 402-935-7733 CA 171.75
Payent PAYMENT - THANK YOU 00000 C 656.38 CR
TLO TRANSUNION 561-988-4200 Fl 75.00
PREMIER FOOD SAFETY 714-451-0075 CA 39.90
CUSTOMER SERVICE CALL ACCOUNT NUMBER ACCOUNT SUMMARY
Acct Ending: 9924 PREVIOUS BALANCE 15,701.19
PURCHASE
800-344-5696 OTHER CHARGES 3,034.16
STATEMENT DATE DISPUTED AMOUNT CASH ADVANCES .00
02/22122 .00 CASH ARMANCE FEES .00
CHARGE: .00
SEND BILLING INQUIRIES TO: CREDITS .00
AMOUNT DUE
U.S. Bank National Association PAYMENTS 15,701.19
C/O U.S. BancorP. Box sing Card Program 3,034.16
Fargo, ND 58125-6335 ACCOUNT BALANCE 3,034.16
Company Name: DEL REY OAKS
Corporate Account Number: Ending 9924
Statement Date: 02-22-2022
NEW ACTIVITY
Bate Tate Detall Transaction Description Amount
02-03 02-02 Supplies AMZN MKTP US*GM3DK3Y93 AMZN.COM/BILL WA 39.95 02-08 02-06 PD Training expense CHICAGO FIRE SACRAMENTO CA 02-09 02-08 PD Training D DOORDASH CHICAGOFI 855-973-1040 C 2971 expense
02-11 02-09 PD Training expense ACK IN THE BOX 3454 DIXON C. 8.78 CITY STAFF CREDITS URCHASE CASH AD TOTAL AT 03 CR
CC ending: 4807 $10,745.13 1,912.10
ost Trar
Date Dati Detail Transaction Description Amount
01-25 01-25 Remote User expense SPLASHTOP.COM 408-861-1088 CA 10.84 01-26 01-25 Monthly service charge CONFERENCING 888-289-0593 CA 16.98 01-26 01-25 City Clerk conference CITY CLERKS ASSOCIATION 916-3302706 CA 450.00 01-26 01-25 Supplies Fee AMZN MKTP US*F 14UJ6C53 AMZN.COM/BILL WI 10.87 1-27 -26 Annual OCUSIGN 866-219-4318 WA 900.00
2-01 Payment AYMENT - THANK YOU 00000( 10,745.13 CR
-01 81:31 -31 Tax 1099 forms fee WW.TAX1099.COM WWW.ZENWORK.CAR
17.60 -02 02-02 Supplies MZN MKTP US*RK2BL5OL3 AMZN.COM/BILL W, 01-31 REMIER FOOD SAFETY 714-451-0075 CA
02 28 Trainin training Clerk CAPTUS PRESS INC 416-736-5537 ON 02 Map copies
04 Clerk supplies
02- •09 02-08 Email service one year
02- 15 User fee remote user SPLASHTOP.COM 408-861-1088 CA -16 75 AMZN MKTP US*Q17ST4BW3 AMZN.COM/BILL WA
-16 02- 15 Supplies AMZN MKTP US*B787557P3 AMZN.COM/BILL WA 02-16 02-15 Camera for computer AMZN MKTP US*XF1IU6313 AMZN.COM/BILL WA 02-16 02-16 supplier AMZN MKTP US*CZ97333Z3 AMZN.COM/BILL WA 02-18 02-17 frame AMZN MKTP US*1B4Y097L1 AMZN.COM/BILL WA 02-21 02-19 Zoom monthly fee ZOOM.US 888-799-9666 WWW.ZOOM.US CA Clerk Supplies AMZN MKTP US*1B3UQ9UG0 AMZN.COM/BILL WA 44.9:
88:367,35CR
FIRE DEPARTMENT
1635 Broadway Avenue Telephone (831) 899-6790
CALIFORHE Seaside, CA 93955 FAX (831) 899-6261
March 7, 2022
John Guertin, City Manager
Del Rey Oaks City Hall
650 Canyon Del Rey
Del Rev Oaks, CA 93940
Dear Mr. Guertin:
Enclosed is a copy of the response reports for the Seaside Fire Department response to Del Rey Oaks for the period of February 1, 2022 through February 28, 2022.
The Seaside Fire Department responded to the following incidents in the month of February:
Incident #
220202-SEA00269 220209-SEA00338 220223-SEA00437
220202-SEA00273 220212-SEA00359 220226-SEA00467
220205-SEA00288 220212-SEA00360
220207-SEA00311 220213-SEA00374
220208-SEA00315 220218-SEA00401
There are a total of Twelve (12) fire calls for the month of February. If you have any questions, please contact me.
Sincerely,
Deblala
Paul Blaha
Division Chief
CC: File
SEASIDE FIRE DEPARTMENT
City of Del Rey Oaks - Response Report
Incident Response Incident
Incident Number Alarm Time Arrival Time Time Type Code District Street Or Highway Name Priority Date
(Minutes)
2/2/2022 220202-SEA00269 2:01:51 PM 2:06:41 PM 4.30 500 29 Angelus Emergent Downgraded to Non-Emergent 2/2/2022 220202-SEA00273 7:41:21 PM 7:45:59 PM 4.03 440 Carlton Non-Emergent 2/5/2022 220205-SEA00288 2:04:13 AM 2:10:31 AM 4.20 510 Osio Non-Emergent 2/7/2022 220207-SEA00311 11:22:01 PM 11:28:53 PM 5.56 100 Alta Emergent 2/8/2022 220208-SEA00315 7:51:21 AM 7:56:11 AM 4.40 321 Hillwill Emergent 2/9/2022 220209-SEA00338 9:05:26 PM 9:10:14 PM 4.05 321 Portola Emergent 2/12/2022 220212-SEA00359 7:01:27 AM 7:08:20 AM 6.40 311 Quendale Emergent 2/12/2022 220212-SEA00360 7:48:05 AM 7:55:14 AM 6.18 6111 Angetus Non-Emergent 2/13/2022 220213-SEA00374 3:12:08 PM 3:18:12 PM 5.62 321 Los Encinos Emergent 2/18/2022 220218-SEA0D401 2:09:33 PM 2:17:36 PM 7.47 321 Los Encinos Emergent 2/23/2022 220223-SEA00437 12:12:32 PM 12:17:06 PM 3.83 6111 Paloma Emergent 2/26/2022 220226-SEA00467 11:16:09 AM 11:23:13 AM 6.57 321 29 Paloma Emergent INCIDENT TYPE:
100-173 FIRE
200-251 OVERPRESSURE
300-381 MEDICAL RESPONSE
400-482 HAZARDOUS CONDITION
500-571 SERVICE CALL
600-672 GOOD INTENT CALL
700-751 FALSE ALARMFALSE CALL
800-810 SEVERE WEATHER
900-911 SPECIAL/CITIZEN COMPLAINT
[DEL REY DAKS City Council Report
POLICE
February 2022
POLICE DEL REY OAKS
Chris Bourquin
Police Commander
Case # Date Offense Code 1 Offense Code Description
MPAD Residential Commercial
22-029 02/01/2022 374.8(B) PC HazMat Disposal
22-030 02/02/2022 Lost Property
22-031 02/02/2022 484G PC Theft (Access Card)
22-032 02/02/2022 Information Only
22-033 02/03/2022 Elder Abuse X
22-034 02/03/2022 Elder Abuse X
22-035 02/04/2022 484(A) PC Petty Theft
22-036 02/07/2022 Information Only X
22-037 02/08/2022 Fire Call X
22-038 02/08/2022 Lost Property
22-039 02/11/2022 25850(A) PC Possession of Loaded Firearm X 22-040 02/15/2022 Lost Property X
22-041 02/16/2022 Information Only
22-042 02/16/2022 AOD Outside Agency Assist X
22-043 02/17/2022 487(A) PC Grand Theft X
22-044 02/19/2022 415(1) PC Peace Disturbance X X
22-045 02/20/2022 Information Only X
22-046 02/20/2022 484(A) PC Petty Theft
22-047 02/21/2022 602(0) PC Trespassing X
22-048 02/23/2022 Information Only X
22-049 02/24/2022 10855 VC Vehicle Embezzlement X
22-050 02/24/2022 Surrendered Property
22-051 02/24/2022 Information Only X
22-052 02/25/2022 594(A)(1) PC Vandalism X
22-053 02/27/2022 Strike Violation X
25 Cases
Alarms Calls for Service
Residential Commercial MPAD Month YTD
Mo YTD Mo YTD Mo YTD
274 530
1 2 6 14 5 9
Case Reports
Month YTD
25 53
CITY OF DEL REY OAKS
SIX-MONTH STRATEGIC OBJECTIVES
September 30, 2021 - March 15, 2022
THREE-YEAR GOAL: ENSURE FISCAL STABILITY
WHEN WHO WHAT STATUS COMMENTS
DONE REVISED
TARGET
At the Dec 14, Contract economic Present to the City Council for direction economic 2021 City Council advisor David development options for all city owned properties. meeting Zehnder
At the Jan. 25, City Manager Report to the City Council for direction options for a 2022 City Council Grant Acquisition Program.
meeting
City Manager, Present to the City Council for direction a Business Delayed due to staff working with Dep. Development Outreach Plan to include the status of turnover and other meeting City Clerk and the businesses, business inventory and outlook, May tie, i. schedule for Police Chief explanation of vacancies, and potential areas of opportunity.
THREE-YEAR GOAL: UPDATE THE CITY'S GENERAL PLAN,
BEGINNING WITH THE HOUSING ELEMENT
WHEN WHO WHAT STATUS COMMENTS
DONE REVISED
TARGET
At the Feb. 22, 2022 City Manager Present to the City Council an update on potential Will include with broader City Council meeting funding sources (e.g., grants, cost sharing, and GP discussion in May contacting the Local Government Commission) for
updating the General Plan.
By March 15,2022 City Manager, Hold a public workshop on the Housing Element Scheduled for March 30 Update, to include new RHNA numbers. with PC.
contract planner
Denise Duffy
By March 15, 2022 City Manager Present to the City Council for direction options for an Including in broader GP RFQ or an RFP for a General Plan update, including a discussion public visioning process.
THREE-YEAR GOAL: DEVELOP CITY-OWNED PROPERTIES SUSTAINABLY WITH PUBLIC INPUT
WHEN WHO WHAT STATUS COMMENTS
DONE [REVISED
TARGET
At a monthly City City Manager, Update the City Council on actions taken to ensure that Council meeting, working with the the owner of Del Rey Oaks Gardens is compliant with as needed City Attorney their conditional use permit and lease.
At the Dec. 2021 City Manager, Present to the City Council a report on the status of the City Council working with City 6160 unit property cap and the 6600 acre-feet water meeting Attorney and DDNA allocation cap in relation to our Fort Ord property.
Al the Feb. 22. City Attorney Present to the City Council for action an amended In mediation. Update in 2022 City Council agreement with the California Native Plant Society. April meeting
At the Feb. 22, City Manager, with Present to the City Council an update on an Exclusive In progress, delayed with 2022 City Council public input Negotiating Agreement for the former Fort Ord property CM transition. Will update meeting with developers. in May/June
At the Feb. 22. City Manager Present to the City Council an update on the Community Included with ENA update 2022 City Council Facilities District and Development Impact Fees for all meeting City-owned properties.
FUTURE OBJECTIVE City Manager, with
Develop and present to the City Council and the Planning input from the Commission potential guidelines for the use of City- Parks Committee owned property by the public.
FUTURE OBJECTIVE
City Manager, Develop and present to the City Council a draft Specific working with Plan for the Fort Ord property development. contract planner
Denise Duffy
THREE-YEAR GOAL: ENHANCE THE CITY'S EFFECTIVENESS AND EFFICIENCY
WHEN WHO WHAT STATUS COMMENTS
DONE REVISED
TARGET
Alty Council 1.202g City Manager Present to the City Council for direction options for the use of the ARPA funds.
By Dec. 15, 2021 City Manager and Research and present to the City Council operational Ongoing. Tech upgrade Chief of Police strategies and technology options for safe public project presented 2-22 meetings.
At the Jan. 25, 2022 City Manager, Research software options and bring a recommendation City Council meeting working with the to the City Council for action on digital agenda packets Dep. City Clerk and record management.
At the Feb. 22, 2022 City Manager, Implement and report on the status of the personnel Draft manual received 3- City Council meeting working with the manual and new procedures, including onboarding 14. Will be presented at Regional employees and elected and appointed officials. April meeting.
Government
Services contractor
and the Dep. City
Clerk
A
THREE-YEAR GOAL: REVIEW AND REVISE THE MUNICIPAL CODE
WHEN WHO WHAT STATUS COMMENTS
DONE ON REVISED
TARGET
Delayed by more pressing
At the Oct. 26, 2021 City Manager, Select a Municipal Code Revision subcommittee, priorities. Will be presented City Council meeting working with the including two City Council members. in 2022 Dep. City Clerk,
Handled administratively
At the Jan, 2022 City Police Chief and Review and recommend to the City Council for without need for ordinance Council meeting Dep. City Clerk action Short Term Rental Ordinance amendments amendment for enforcement enhancements.
On hold until other related
At the Mar. 22, 2022 City Manager, Present sections of the Municipal Code identified projects are implemented City Council meeting working with the ad by the subcommittee and have Council prioritize (agenda/record hoc committee amendments (e.g., "shall", gender neutral code management, website update)
revision, green building codes for ADU ordinance,
business license chapter review)
FUTURE OBJECTIVE
City Manager, Initiate outreach on development of a Single-Use working with Plastic Ordinance.
Sustainable DRO
CITY OF DEL REY OAKS
650 CANYON DEL REY BLVD, DEL REY OAKS, CALIFORNIA 93940 PHONE (831) 394-8511 FAX (831) 394-6421
Staff Report
DATE: March 22, 2022
TO: Honorable Mayor and Council
FROM: John Guertin, City Manager
SUBJECT: Teleconferencing Meetings During the COVID-19 State of Emergency (30-Day Finding)
CEQA: This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378 as it is an administrative activity of the City that will not result in direct or indirect physical changes in the environment.
Background
On September 16, 2021, Governor Newsom signed into law AB 361, which authorizes legislative bodies of local agencies to hold public meetings via teleconferencing without complying with certain requirements of the Ralph M. Brown Act. AB 361 amends California Government Code section 54953, to allow teleconferencing under modified rules when a legislative body of a local agency holds a meeting during a proclaimed state of emergency when state or local health officials have imposed or recommended measures to promote social distancing; during a proclaimed state of emergency held for the purpose of determining whether meeting in person would present imminent risks to the health or safety of attendees; and during a proclaimed state of emergency when the legislative body has already determined that meeting in person would present imminent risks to the health or safety of attendees, as provided. These provisions are effective until January 1, 2024.
On September 28, 2021, City Council adopted Resolution 2021-25, determining the City Council and its subsidiary committees, boards, and bodies may meet by teleconferencing pursuant to section 54953(e) because 1) a proclaimed state of emergency relating to the COVID-19 pandemic is currently in effect; 2) state and local officials have imposed or recommended measures to promote social distancing; and 3) as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees.
On the following dates, City Council adopted Resolutions as indicated finding that the bodies should continue to meet by teleconferencing:
• October 26, 2021; Resolution 2021-26
• November 16, 2021; Resolution 2021-28
• December 14, 2021; Resolution 2021-31
• January 25, 2022; Resolution 2022-01
• February 22, 2022; Resolution 2022-03
To continue with AB 361 virtual meetings, City Council must reconsider the circumstances of the emergency every 30 days and determine that either the state of emergency continues to directly impact the ability of the members to meet safely in person; or, state or local officials continue to impose or recommend measures to promote social distancing. These findings must be made by majority vote pursuant to California Government Code section 54953(e).
Discussion
The state of emergency proclaimed by the Governor on March 4, 2020, is still in effect. Despite the removal of state requirements for social distancing, the California Department of Public Health still recommends that persons who are at a higher risk for severe illness from COVID-19 - such as those older than 65, those who have high blood pressure or heart disease, or those with weakened immune systems - should continue to protect themselves and their loved ones by staying at least six feet apart from people who they don't live with.
(https://www.cdph.ca.gov/Programs/OPA/CDPH%20Document%20Library/Toolkits/Chronic- Disease-and COVID-19-EN%20(003).pdf).
Continuing to hold public meetings via teleconferencing under the modified rules of AB 361, will protect the health and safety of attendees (including council members, staff, and the public) from the imminent risks of the COVID-19 pandemic. The recommendation applies to the City Council and City Boards, Commissions, and Committees.
Fiscal Impacts
There are no costs associated with receiving this report.
Recommendation
Adopt a Resolution finding the Del Rey Oaks City Council and its subsidiary committees, boards, and bodies (i.e. City Council Standing Committees, City Council Ad Hoc Committees, and City of Respectfully Submitted,
John Guertin
City Manager
RESOLUTION NO. 2022-07
CITY OF DEL REY OAKS CITY COUNCIL
REGARDING RALPH M BROWN ACT AND FINDING OF IMMINENT RISK TO HEALTH AND SAFETY OF IN-PERSON MEETINGS AS A RESULT OF THE CONTINUING COVID-19 PANDEMIC
STATE OF EMERGENCY DECLARED BY GOVERNOR NEWSOM
WHEREAS, on March 4, 2020, Governor Newsom issued a Proclamation of State of Emergency in response to the COVID-19 pandemic; and,
WHEREAS, the proclaimed state of emergency remains in effect; and, WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29-20 that suspended the teleconferencing rules set forth in the California Open Meeting law, Government Code section 54950 et seq. (the "Brown Act"), provided certain requirements were met and followed; and,
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21 that clarified the suspension of the teleconferencing rules set forth in the Brown Act, and further provided that those provisions would remain suspended through September 30, 2021; and, WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 that provides that a legislative body subject to the Brown Act may continue to meet without fully complying with the teleconferencing rules in the Brown Act provided the legislative body determines that meeting in person would present imminent risks to the health or safety of attendees, and further requires that certain findings be made by the legislative body every thirty (30) days; and,
WHEREAS, California Department of Public Health ("CDPH") still recommends that persons who are at a higher risk for severe illness from COVID-19 - such as those older than 65, those who have high blood pressure or heart disease, or those with weakened immune systems - should continue to protect themselves and their loved ones by staying at least six feet apart from people who they don't live with (Chronic Disease and COVID-19 Health Messages and Resources (ca.gov)); and,
WHEREAS, it is unknown at this time whether new variants may result in a new surge in COVID-19 cases; and,
WHEREAS, the City Council of the City of Del Rey Oaks is empowered to take actions necessary to protect public health, welfare and safety within the region; and, WHEREAS, the City of Del Rey Oaks has an important governmental interest in protecting the health, safety and welfare of those who participate in meetings of the City of Del Rey Oaks' various Boards, Commissions and Committees; and,
WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, the City Council of Del Rey Oaks deems it necessary to find that meeting in person for meetings of all City of Del Rey Oaks legislative bodies subject to the Ralph M. Brown Act would present imminent risks to the health or safety of attendees, and thus intends to invoke the provisions of AB 361 related to teleconferencing; NOW, THEREFORE, BE IT RESOLVED by the City of Del Rey Oaks as follows:
1. The City Council finds that meeting in person for meetings of the City of Del Rey Oaks City Council as well as all related Boards, Commissions and Committees would present imminent risks to the health or safety of attendees.
2. This finding applies to all City of Del Rey Oaks bodies subject to the Brown Act, including but not limited to the Planning Commission and any other standing committees.
3. Staff is directed to return to the City Council no later than thirty (30) days after the adoption of this resolution, or by the next City Council meeting (whichever comes first), with an item for the Council to consider making the findings required by AB 361 in order to continue meeting under its provisions.
PASSED AND ADOPTED this March 22, 2022, by the following vote:
AYES:
NOES: None
ABSENT: None
Alison Kerr, Mayor
City of Del Rey Oaks
John Guertin, City Clerk
City of Del Rey Oaks
CITY OF DEL REY OAKS
650 CANYON DEL REY BLVD, DEL REY OAKS, CALIFORNIA 93940 PHONE (831) 394-8511 FAX (831) 394-6421
DATE: March 22, 2022
TO: Honorable Mayor and City Council
FROM: John Guertin, City Manager
Authorize the City Manager to Sign Agreement with Coastal Paving in the SUBJECT: amount of $88,800 for the Prop 68 Park Parking Lot Paving and ADA Accessibility Project
Staff has determined this project to be Class 1 categorically exempt per CEQA: Section 15301 of the CEQA Guidelines.
Discussion
On January 26, 2021, the City Council authorized the application for grant funding through the California Department of Parks and Recreation Per Capita Grant Program. Staff worked with the City's Parks and Recreation Committee to identify eligible projects for the grant funding. The projects identified included new playground and exercise equipment, parking lot and accessibility improvements, and park benches.
Coastal Paving is the contractor selected to provide the parking lot paving and ADA accessibility improvements portion of the project.
The initial proposed project was for a slurry seal of the parking lot. After review of the project needs with the City Engineer, staff has modified the project scope to include grinding down the existing asphalt, applying a 2-inch overlay new AC material (instead of the slurry seal), and replacement of the failing asphalt curbs with new concrete curb and gutter. This new scope will improve the aesthetics of the project and extend the useful life of the improvements.
Fiscal Impacts
Sufficient funds for the initial scope costs of $47,750 were allocated in the FY 2021-22 Adopted Budget for the Prop 68 grant project. Staff recommends using ARPA funding for the increase scope costs of $41,050.
Recommendation
It is recommended that the City Council 1) authorize the City Manager to sign an agreement with Coastal Paving in the amount of $88,800 for the Prop 68 Park Parking Lot Paving and ADA Accessibility Project; and 2) approve a supplemental appropriation of $41,050 from ARPA funds to cover costs associated with increased scope.
The ARPA uses and recommendations to date include the following:
ARPA Funds Revenue/Expenditure
Budget
ARPA Fund (Fund 223) $197,836
Previous Projects
Agenda Management $13,000
Document Management $9,000
Chamber Technology $10,000
Total Allocated $32,000
Current ARPA Fund Balance $165,836
Proposed MDT Project $23,411
Proposed Prop 68 Increased Scope $41,050
New ARPA Balance $101,375
Attachments
Coastal Pavement Agreement
Respectfully submitted,
John Guertin
City Manager
CITY OF DEL REY OAKS
AGREEMENT FOR PARK PARKING LOT IMPROVEMENT PROJECT
THIS AGREEMENT ("Agreement") is executed this , by and between the cry on me herite comatop pot nich is neer to head sal Pay and collectively referred to herein as the "parties"
RECITALS
WHEREAS, the City wishes to engage Contractor to perform the services required by this Agreement as City does not have the capability to perform such work; and /HEREAS, Contractor is customarily engaged in the business of providing the servic quired herein and is willing to provide such services on the following terms and conditions; an WHEREAS, Contractor represents it is specially trained, experienced, and competent to perform the services required by this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the terms and conditions herein contained, the parties hereby covenant and agree as follows:
1. SERVICES
Scope of Services. Contractor agrees to provide to the City, as the scope of services herein as Exhibit ent, the services described in "ESTIMATE" attached hereto and incorporated Amendment of Services. The parties may make changes to the scope of services as changed in Section 1.A above. The parties shall agree in viting priot to commencement of any such
2. COMPENSATION
Total Fee. The City agrees to pay and Contractor agrees to accept as full and fair consideration for the performance of this Agreement $88,800.00. If the City determines the services set forth in the written invoice have not been performed in accordance with the terms of this Agreement, the City shall not be responsible for payment until the services have been satisfactorily performed.
B. Invoicing. Contractor shall submit written invoices to the City. Contractor's invoices shall include a brief description of services performed.
3. AGREEMENT TERM
A. Term. The work under this Agreement shall commence on {AJL-01177027;1)
B. Timely Work. Contractor shall perform all services in a timely fashion. Failure to perform shall be deemed a material breach of this Agreement, and the City may terminate this Agreement with no further liability hereunder, or may authorize, in writing, an extension of time to the Agreement.
4. INDEPENDENT CONTRACTOR
A. Independent Contractor.
i. Contractor is an independent contractor. This Agreement does not create the relationship of employer and employee, a partnership, or a joint venture.
11. No ofter or obligation of permanent employment with the City or particular City department or agency is intended in any manner, and Contractor shall not become entitled by virtue of this Agreement to receive from the City any form of employee benefits including but not limited to sick leave, vacation, retirement benefits, workers' compensation coverage, insurance or disability benefits. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including federal and state income taxes and social security, arising out of Contractor's performance of services under this Agreement. In connection therewith, Contractor shall defend, indemnify and hold the City harmless from any and all liability, which the City may incur because of Contractor's failure to pay such taxes.
B. Not an Agent of the City. Nothing in this Agreement shall be interpreted so as to render the City the agent, employer, or partner of Contractor, or the employer of anyone working for or subcontracted by Contractor, and Contractor must not do anything that would result in anyone working for of subcontracted by Contractor being considered an employee of the City.
Contractor is not, and must not claim to be, an agent of the City.
5. REPRESENTATIVES AND COMMUNICATIONS
A. City's Representative. The City appoints the individual named below as the City's contact person for the purposes of this Agreement.
Name: John Guertin
Title: City Manager
Address: 50 Canyon Del Rey Blvd. Del Rey Oaks, CA 9394( (831) 394-8511
Contractor's Representative. Contractor appoints the person named below as its contract person for the purposes of this Agreement.
Name:
Title: President
Address: 24560 Silvercloud Ct. Ste. 102 Monterey, CA 93940 Telephone: 831-646-2099
{AJL-01177027;1}
on the date of such personal delivery, if delivered by email, on the date of transmission, or if by mail, seven (7) calendar days after posting.
6. INDEMNIFICATION
Contractor hereby agrees to the following indemnification clause:
To the fullest extent permitted by law Contractor shall defend (with legal counsel reasonably acceptable to the City, indemnify and hold harmless the City and its officers, designated agents, departments, officials, representatives and employees (collectively "Indemnitees") from and against claims, loss, cost, damage, injury expense and liability (including incidental and consequential damages, court costs, reasonable attorneys' fees, litigation expenses and fees of experts, consultants or expert witnesses incurred in connection therewith and costs of investigation) to the extent they arise out of, pertain to, or relate to, the negligence, recklessness, or willful misconduct of Contractor, anyone directly or indirectly employed by Contractor, or anyone Contractor controls (collectively Liabilities"). Such obligations to defend, hold harmless and indemnity any Indemnitee shall no pply to the extent that such Liabilities are caused in part by the gross negligence or willfi misconduct of such Indemnitee.
7. INSURANCE
Contractor shall submit and maintain in full force all insurance as described herein. Without altering or limiting Contractor's duty to indemnify, Contractor shall maintain in effect throughout the term of this Agreement a policy or policies of insurance with the following minimum limits of liability:
A. Commercial General Liability Insurance including but not limited to premises, personal injuries, bodily injuries, property damage, products, and completed operations, with a combined single limit of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.
B. Automobile Liability Insurance covering all automobiles, including owned, leased, non-owned, and hired automobiles, used in providing services under this Agreement, with a combined single limit of not less than $1,000,000 per occurrence.
C. Workers' Compensation Insurance. If Contractor employs others in the performance of this Agreement, Contractor shall maintain Workers' Compensation insurance in accordance with California Labor Code section 3700 and with a minimum of $1,000,000 per occurrence.
D. Other Insurance Requirements:
i. The City shall be a named additional insured on Contractor's policy.
All insurance required under this Agreement must be written by an insurance company either:
1. admitted to do business in California with a current A.M. Best rating of no less than A:VI;
an insurance company with a current A.M. Best rating of no less than A:VII. {AJI 01177027;1)
iii. Prior to the start of work under this Agreement, Contractor shall file certificates of insurance and endorsements evidencing the coverage required by this Agreement with the City Manager. Contractor shall file a new or amended certiticate of insurance promptly atter any chang s made in any insurance policy that would alter the information on the certificate then on file including, without limitation, the amount of coverages or the term of coverages. iv. Neither the insurance requirements hereunder, not acceptance or approval of Contractor's insurance, nor whether any claims are covered under any insurance, shall in any way modify or change Contractor's obligations under the indemnification clause in this Agreement, which shall continue in full force and effect. Notwithstanding the insurance requirements contained herein, Contractor is financially liable for its indemnity obligations under this Agreement. v. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
8. PERFORMANCE STANDARDS
A. Contractor warrants that Contractor and Contractor's employees performing services under this Agreement are specially trained and experienced to perform the services described herein B. Contractor and its employees shall perform all services in a safe and skillful manner consistent with the highest standards of care, diligence and skill ordinarily exercised by professionals in similar fields. All services performed under this Agreement that are required by law to be performed or supervised by licensed personnel shall be performed in accordance with such licensing requirements.
C. Contractor shall furnish, at its own expense, all materials, equipment and personnel necessary to carry out the terms of this Agreement, except as otherwise specified in this Agreement.
Contractor shall not use the City premises, property (including equipment, instruments, or supplies) or personnel for any purpose other than in the performance of its obligations under this Agreement, the RFP, or Contractor's Estimate.
Contractor agrees to perform all work under this Agreement to the satisfaction of City and as specified herein. The City Manager or his or her designee shall perform an evaluation of the • If the quality of work is not satisfactory, City in its discretion may meet with Contractor to review the quality of work and resolve the matters of concern.
9. CITY INFORMATION AND RESOURCES
A. City Resources. The City acknowledges that Contractor's ability to provide services in accordance with this Agreement may be dependent on the City providing available information and resources in a prompt and timely manner as reasonably required by Contractor. To the extent that the City fails to provide City resources, Contractor shall not be liable for any resulting delay in services, but in no event shall such delay or failure to provide City resources constitute a breach of this Agreement by the City, nor shall Contractor be entitled to extra compensation for same. {AJL-01177027;1}
B. Obligations of Contractor. No reviews, approvals, or inspections carried out or supplied by the City shall derogate from the duties and obligations of Contractor, and all responsibility related to performance of services shall be and remain with Contractor.
10. OWNERSHIP AND USE OF MATERIALS
A. Ownership of the Materials. All data, studies, reports, calculations, field notes, sketches, designs, drawings, plans, specifications, cost estimates, manuals, correspondence, agendas, minutes, notes, audio-visual materials, photographs, models, software data, computer software (if purchased on the City's behalf) and other documents of products produced by Contractor under this Agreement (collectively, "the Materials"') are and shall remain the property of the City even though Contractor of another party may have physical possession of them or a portion thereof.
Contractor hereby waives, in favor of the City, any moral rights Contractor, its employees, vendors, successots or assignees may have in the Materials. Contractor agrees that all copyrights, which arise from creation of the work of services pursuant to this Agreement, shall be vested in the City and waives and relinquishes all claims to copyright or intellectual property rights in favor of the City.
B. Delivery and Use of the Materials. All Materials shall be transferred and delivered by Contractor to the City without further compensation following the expiration of sooner termination of this Agreement, provided that the City may, at any time prior to the expiration or earlier termination of this Agreement, give written notice to Contractor requesting delivery by Contractor to the City of all or any part of the Materials in which event Contractor shall forthwith comply with such request. The Materials created electronically must be submitted in a format and medium acceptable to the City. The Materials may be used by the City in any manner for the intended purpose or as part of its operations associated with the Materials.
11. DISPUTE RESOLUTION
The City Manager and Contractor shall make reasonable efforts to resolve any dispute by amicable negotiations and shall provide frank, candid, and timely disclosure of all relevant facts, information, and documents to facilitate negotiations.
If all or any portion of a Dispute cannot be resolved by good faith negotiations as set forth above within thirty (30) days either party may, by notice to the other party, submit the dispute for formal mediation to a mediator selected mutually by the parties. The cost of the mediation (including fees of mediators) shall be borne equally by the parties, and each party shall bear its own costs of participating in mediation. The mediation shall take place within the Monterey County.
Should either party not be satisfied with the outcome of the mediation, the matter may be submitted to a court of competent jurisdiction.
All claims by Contractor against the City for money or damages must comply with the Government Claims Act (California Government Code Sections 810 et seg. {AJL-01177027;1)
12. TERMINATION OF AGREEMENT
A. Termination for Cause or Default. The City reserves the right to immediately terminate this Agreement, in whole or in part, if Contractor defaults or fails to deliver the services in accordance with the terms and conditions of this Agreement. Such termination shall be in writing, shall set forth the effective date of termination, and may be issued without any prior notice.
Without limitation, Contractor is in default of its obligations contained in this Agreement if Contractor:
i. Fails to perform the required services within the term and/or in the manner provided under this Agreement;
ii. Fails to observe or comply with the City's reasonable instructions; ili. Otherwise violates any provision of this Agreement.
13. LEGAL ACTION / VENUE
Should either party to this Agreement bring legal action against the other, the validity, interpretation and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Monterey County Superior Court.
14. MISCELLANEOUS PROVISIONS
A. Non-discrimination. During the performance of this Agreement, Contractor shall not unlawtully discriminate against any person because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, either in Contractor's employment practices or in the furnishing of services to recipients.
B. Acceptance of Services Not a Release. Acceptance by the City of services to be performed under this Agreement does not operate as a release of Contractor from professional responsibility for the services performed.
C.. Headings. The headings appearing herein shall not be deemed to govern, limit, modity, or in any manner attect the scope, meaning or intent of the provisions of this Agreement.
The headings are for convenience only.
D. Entire Agreement. This Agreement, including the Exhibits attached hereto, constitute the entire agreement between the parties hereto with respect to the terms, conditions, and services and supersedes any and all prior' proposals, understandings, communications, representations and agreements, whether oral or written, relating to the subject matter thereof pursuant to Section 1B, "Amendment of Services". Any amendment to this Agreement will be effective only if it is in writing signed by both parties hereto and shall prevail over any other provision of this Agreement in the event of inconsistency between them.
E. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and may be signed in counterparts, but all of which together shall constitute one and the same Agreement.
{AJL-01177027;1}
F. Multiple Copies of Agreement. Multiple copies of this Agreement may be executed, out the parties agree that the Agreement on file in the office of the City's City Clerk is the version of he Agreement that shall take precedence should any difference exist among counterparts of this Agreement.
G. Authority. Any individual executing this Agreement on behalf of the City or Contractor represents and warrants hereby that he or she has the requisite authority to enter into this Agreement on behalf of such party and bind the party to the terms and conditions of this Agreement.
H. Severability. If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. Limitations of liability and indemnities shall survive termination of the Agreement for any cause. If a part of the Agreement is valid, all valid parts that are severable from the invalid part remain in effect. If a part of this Agreement is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
I. Non-exclusive Agreement. This Agreement is non-exclusive and both the City and Contractor expressly reserve the right to enter into agreements with other Contractors for the same or similar services, or may have its own employees perform the same or similar services.
J. Assignment of Interest. The duties under this Agreement shall not be assignable, delegable, or transferable without the prior written consent of the City. Any such purported assignment, delegation, or transfer shall constitute a material breach of this Agreement upon which the City may terminate this Agreement and be entitled to damages.
Laws. Contractor agrees that in the performance of this Agreement it will reasonably comply with all applicable federal, state and local laws and regulations. This Agreement shall be governed by and construed in accordance with the laws of the State of California and the City of Del Rey Oaks.
L. Exhibits. The following Exhibit is incorporated herein by reference as if fully set forth: Exhibit A, Estimate from Coastal Paving and Excavating.
IN WITNESS WHEREOF, the parties enter into this Agreement on the day and year first above written in Del Rey Oaks, California.
CITY OF DEL REY OAKS CONTRACTOR
John Guertin,
City Manager Printed name
Date:_ Date:
{AJL-01177027;1}
Coastal Paving Coastal Paving & Excavating Inc.
& Excavating License #1021900
24560 Silvercloud Ct | ste 102 | Monterey, CA | 93940
8316462099 | [email protected] |
https://www.coastalpavingex.com/
RECIPIENT: Estimate #1905
Ron Fucci Sent on 02/28/2022
650 Canyon Del Rey When should
0.0 Months
Del Rey Oaks, CA 93940 this location
Phone: 8317130171
have its first
seal coat?
SERVICE ADDRESS:
How often 0.0.Yrs
999 Angelus Way should this
Del Rey Oaks, California 93940 location be
sealed?
Total $88,800.00
PRODUCT / SERVICE DESCRIPTION QTY. UNIT TOTAL
PRICE
Excavate Excavate designated area to correct sub grade 1100 $3.00 $3,300.00* and dispose of spoils.
Base Rock Installation Install 4" of class 2 base rock to entire designated 1100 $2.50 $2,750.00 area, grade, moisture condition and compact.
Asphalt Demo Saw cut, remove and dispose of entire designated 1200 $1.75 $2,100.00 asphalt area.
Asphalt ADA Install 3" of hot commercial grade asphalt (ADA 1200 $8.50 $10,200.00* fo timisiant) to entre designated area and compact
Asphalt Overlay Paving Install 2.5" of hot commercial grade asphalt to . 11000 $2.65 $29,150.00 entire designated area and compact to finish.
Concrete Curb Install Commercial grade concrete in designated 350 $45.00 $15,750.00* area.
Concrete orm, pour and finish commercial grade concret 1100 $18.00 $19,800.00* entire designated area. per plan/ada spe
Striping Stripe designated area/lot to requested layout. 1 $1,050.00 $1,050.00 Concrete Excavate, baserock, Form, pour and finis! $4,700.00 $4,700.00* ommercial grade concrete in entire designate
area. per plan/ada spec. (Children workout area)
1 of 2 pages
Coastal Paving Coastal Paving & Excavating Inc.
& Excavating License #1021900
24560 Silvercloud Ct | ste 102 | Monterey, CA | 93940
8316462099 | [email protected] |
https://www.coastalpavingex.com/
Total $88,800.00
" Non-taxable
This quote is valid for the next 30 days, after which values may be subject to change.
Job Specific Exclusions:
Additional Exclusions: Include but not limited to: Traffic control, Permits or Fees, temporary fencing, any activity not specifically included in above estimate.
Signature: Date:
2 of 2 pages
OR DEL REY
DEL REY DAKS
DEL REY OAKS POLICE DEPARTMENT
650 CANYON DEL REY ROAD - DEL REY OAKS, CA 93940 FNCOHPORATED 9090 POLICE PHONE: (831)-394-9333 FAX: (831)-394-1596
DATE: March 22na , 2022
TO: Honorable Mayor and City Council
FROM: Jeff Hoyne, Assistant City Manager/Chief of Police SUBJECT: Authorize the City Manager to execute contracts totaling $23,411 to implement the Police Department Mobile Data Terminal Project
CEQA:
This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378 as it is an administrative activity of the City that will not result in direct or indirect physical changes in the environment.
Background
Mobile Data Terminals (MDT's) are computers in police vehicles that connect to law enforcement sites and allow officers to transmit and receive information from the California Law Enforcement Telecommunications System (CLETS), Monterey County 911 Computer Aided Dispatch system (CAD), Cal-Photo, Cal-DOJ Stop Data Collection System (SDCS) and others. Due to the changing landscape of Law Enforcement reporting requirements, it has become necessary for the Del Rey Oaks Police Department to adopt the use of MDT's. The advantages to the adoption of MDT's are as follows. • Allows for the completion of Stop Data Collection System uploads from the field.
Currently, officers contacting someone requiring an entry into SCS has to return to the station to complete the entry, which consumes valuable patrol time. • Allows for officers to enter notes into CAD from the field. Currently, Del Rey Oaks is not able to enter notes into CAD which they currently cannot do. This can lead to inaccurate or insufficient information being entered into the CAD record through dispatchers. This is important CAD is a "mini" report which is relied on by officers to document their work. The CAD detail is attached to every report submitted to the District Attorney's Office for review when charges are sought. • Sun Ridge Systems (RIMS) has a mobile product that would allow officers to complete case reports in the field. The RIMS Mobile Reports platform would have a startup cost $7,800. This includes the software, training and the first year of support and updates. Recurring costs for this program are $900/yr.
Del Rey Oaks Police Department
650 Canyon Del Rey Blvd - Del Rey Oaks, California 93950 (831) 375 - 8525 Serving the City of Del Rey Oaks and the Monterey Regional Airport Jeffrey J. Hoyne - Chief of Police
Proposal
The addition of MDT's in Del Rey Oaks police units will allow officers to be more effective and efficient, allow officers to spend more time in the field instead of the station.
Additionally, officers will be able to more accurately document calls for service and their activities in the field.
The yearly costs of an MDT program in Monterey County are based on total numbers of infrastructure users in the County agencies are billed accordingly. Costs can vary from year to year depending on the number of subscribers on the County's system, necessary software updates and special projects. The costs below identify both ongoing costs and one-time costs associated with this project. The project includes outfitting four (4) police cars to make them MDT capable and two (2) MDTs which can be moved between the four units.
The Mobile Data Terminal project was initially presented to the Police Advisory Committee (PAC) at the December 7, 2021, meeting. Questions regarding the project were answered and cost estimates were provided to the PAC members. The Police Advisory Committee provided an update to the City Council at the January 25, 2022, City Council meeting along with a recommendation that the Police Department go forward with the project.
Fiscal Impacts
The fiscal impacts are outlined below.
Yearly Ongoing Costs
Monterey County IDT Cellular Access Fee (Yearly) $950
Verizon Wireless (Yearly) $912
RIMS Reports / Mobile - Support $900
Total: $2,762
One-Time Costs
Police Unit Infrastructure - Hardware (docking station, mount, etc.) $10,898 Verizon Air Card (X2) $400
Dell Latitude Tablet - Ruggedized (X2) $4,313
RIMS Reports / Mobile $7,800
Total: $ 23,411
Staff's recommendation is to utilize ARPA funds for these one-time costs. The ARPA funds used to date and balance available for this project are identified below:
Del Rey Oaks Police Department
650 Canyon Del Rey Blvd - Del Rey Oaks, California 93950 (831) 375 - 8525 Serving the City of Del Rey Oaks and the Monterey Regional Airport Jeffrey J. Hoyne - Chief of Police
ARPA Funds Revenue/Expenditure
Budget
ARPA Fund (Fund 223) $197,836
Previous Projects
Agenda Management $13,000
Document Management $9,000
Chamber Technology $10,000
Total Allocated $32,000
Current ARPA Fund Balance $165,836
Proposed MDT Project $23,411
New ARPA Balance $142,425
The ongoing annual costs of $2,762 will be included in the department's IT services budget.
Recommended Action
Staff recommends that Council 1.) approve the City Manager entering into the necessary agreements for implementation of the MDT program; 2.) approve a supplemental appropriation of $2,800 from the General Fund to pay for the yearly ongoing costs; 3) approve a supplemental appropriation of $23,500 from ARPA funds to pay for the one-time costs.
Attachments:
Monterey County Quote
IDT Dell Quote
EVS Quote
Del Rey Oaks Police Department
650 Canyon Del Rey Blvd - Del Rey Oaks, California 93950 (831) 375 - 8525 Serving the City of Del Rey Oaks and the Monterey Regional Airport Jeffrey J. Hoyne - Chief of Police
emergency QUOTATION
vehicle specialists, inc. Quote Number: 3757
Quote Date: Oct 28, 2021
300 Park Center Drive, Hollister, CA 95023 Page:
Phone: 831-634-1600
Fax: 831-634-1602
Quoted To: Ship To:
Del Rey Oaks Police Department Del Rey Oaks Police Department Attn: Accounts Payable Attr: Accounts Payable
50 Canvon Del Rev Road Del Cay Oaks, CA 83940
Del Rey Oaks, CA 93940
Customer ID Good Thru Payment Terms Shipping Sales Rep
00264 11/27/21 Net 30 Days UPS Ground Aaron Kakebeen
Qty Item Description Unit Price Amount
1.00 (3) Ford Explorers, (1) Ford Sedan
4.00 TA-2505AP-UNIB-E Hint Laptop Mount, Unibase Evolution, Indudes VESA Plate 717.86 2,871.44
4.00 DS-DELL-602-2 Havis Docking Station with Dual Pass-through Antenna for Dell's 789.34 3,157.36 Latitude 12 Rugged Tablet with Power Supply
4.00 GPSB Panorama Four Element Antenna 152.81 611.24
40029-53J Panorama Antenna TNC (M)-SMA (F) 5M CS29 Cable CF31 20.58 82.32
4.00 C23FP-5T Panorama Antenna Sharkee GPS Cable FME-(M) - TNC (M) 5m 16.46 65.84
4.00 Laptop / Tablet TBD
4.00 KB-108 Havis Rugged Keyboard with Integrated Touch Pad and Emergency 325.38 1,301.52 Key ** Only being used if converting to tablet configuration
4.00 INSTALL KIT Install Kit 60.00 240.00
4.00 OSL On-Site Labor 400.00 1,600.00
4.00 IBFC In-Bound Freight Charge 65.00 260.00
Purchase and install items listed. Installs will take place on-site. 10,189.72
Sales Tax 708.65
Freight
TOTAL 10,898.37
Accepted By Print
Title Date _ VISA DISCI VER.
DELTechnologies
A quote for your consideration
Based on your business needs, we put the following quote together to help with your purchase decision. Below is a detailed summary of the quote we've created to help you with your purchase decision.
To proceed with this quote, you may respond to this email, order online through your Premier page, or, if you do not have Premier, use this Quote to Order.
Quote No. 3000106183051.1 Sales Rep Cameron Wallace
Total $4,313.46 Phone (800) 456-3355, 6182080
Customer # 17865625 Email [email protected]
Quoted On Nov. 23, 2021 Billing To ACCOUNTS PAYABLE
Expires by Dec. 23, 2021 CITY OF DEL REY OAKS PD
Contract Name Dell NASPO Computer 650 CANYON DEL REY RD Equipment PA - California DEL REY OAKS, CA 93940-5505
Contract Code C000000181156
Customer Agreement # MNWNG-108/7157034003
Message from your Sales Rep
Please contact your Dell sales representative if you have any questions or when you're ready to place an order. Thank you for shopping with Dell!
Regards,
Cameron Wallace
Shipping Group
Shipping To Shipping Method
ACCOUNTS PAYABLE Standard Delivery
CITY OF DEL REY OAKS PD
650 CANYON DEL REY RD
DEL REY OAKS, CA 93940-5505
(831) 394-9333
Product Unit Price Quantity Subtotal
Dell Latitude 7220 $1,970.46 2 $3,940.92
Subtotal: $3,940.92
Shipping: $0.00
Environmental Fee: $8.00
Non-Taxable Amount: $8.00
Taxable Amount: $3,940.92
Estimated Tax: $364.54
Total: $4,313.46
Shipping Group Details
Shipping To Shipping Method
ACCOUNTS PAYABLE Standard Delivery
CITY OF DEL REY OAKS PD
650 CANYON DEL REY RD
DEL REY OAKS, CA 93940-5505
(831) 394-9333
Quantity Subtotal
Dell Latitude 7220 $1,970.46 2 $3,940.92
Estimated delivery if purchased today:
Mar. 06, 2022
Contract # C000000181156
Customer Agreement # MNWNC-108/7157034003
Description SKU Unit Price Quantity Subtotal
Dell Latitude 7220 Rugged, CTO 210-ATEF 2 -
8th Generation Intel Core i5-8365U Processor (4 Core, 6MB 379-BDQV Cache, 1.6GHz,15W)
Windows 10 Pro (Includes Windows 11 Pro License) English, French, 619-AQMP Spanish
No Microsoft Office License Included - 30 day Trial Offer Only 658-BCSB Intel Core i5-8365U with u-blox NEO-M8 GPS card 8GB Memory • 338-BTPT No Out-of-Band Systems Management - vPro Disabled 631-ACHF 8GB 2133MHz LPDDR3 Memory 370-AFCZ
M.2 128GB PCle NVMe Class 35 Solid State Drive 400-BGVZ
11.6", FHD (1920 x 1080), 1000 Nit Outdoor-Readable, AG/AS/AP, 391-BEVG Glove-Capable Touchscreen
Intel Wi-Fi 9560 Driver with Bluetooth 555-BFIU
Intel Dual Band Wireless AC 9560(802.11ac) 2x2 555-BJV
DW5821E Snapdragon X20 4G/LTE Wireless WAN card for Verizon 556-BCDY (Windows 10)
Dell WWAN Bracket Bar for Rugged 575-BCBR
2-cell 34wH) Lithium lon Primary Battery 451-BCCD
45 Watt AC Adapter 450-AEHK
No Security Software 650-AAJS
No Media 620-AAOH
US Power Cord 537-BBBL
Latitude Rugged 7220 Getting Started Guide 340-COCF
US Order 332-1286
No Carrying Case 460-BBEX
No Secondary Battery 451-BCOI
SERI Guide (ENG/FR/Multi) 340-AGIK
Custom Configuration 817-BBBB
System Regulatory Label 389-DRXP
Regulatory Label (WWAN) 389-DRXR
Windows 10 Additional Software 658-BEPO
Shipping Material, Shuttle 340-AQMD
Directship Info Mod 340-CKTD
No Option Included 340-ACQQ
No Mouse 570-AADK
No Removable CD/DVD Drive 429-AATO
ENERGY STAR Qualified 387-BBNJ
BTO Standard shipment Air 800-BBGF
./... . .
No UPC Label 389-BDCE
5 MP HD IR webcam /8 MP rear camera with Flash and Dual 319-BBHH Microphone
WLANWWAN Chassis No NFC 321-BEZE
Connector for 1/0 Expansion 750-ABNN
Mini Serial Port 325-BDNX
Hazardous Locations Certification 340-CNKH
No Security 461-AAHD - -
No AutoPilot 340-CKSZ -
No Removable CD/DVD Drive 429-AATO -
Dell Limited Hardware Warranty Initial Year 997-6988 - 2 Mail In Service after Remote Diagnosis, 3 Years 997-6989 - 2 Subtotal: $3,940.92
Shipping: $0.00
Environmental Fee: $8.00
Estimated Tax: $364.54
Total: $4,313.46
Important Notes
Terms of Sale
This Quote will, if Customer issues a purchase order for the quoted items that is accepted by Supplier, constitute a contract between the entity issuing this Quote ("Supplier") and the entity to whom this Quote was issued ("Customer"). Unless otherwise stated herein, pricing is valid for thirty days from the date of this Quote. All product, pricing and other information is based on the latest information available and is subject to change. Supplier reserves the right to cancel this Quote and Customer purchase orders arising from pricing errors. Taxes and/or freight charges listed on this Quote are only estimates. The final amounts shall be stated on the relevant invoice. Additional freight charges will be applied if Customer requests expedited shipping. Please indicate any tax exemption status on your purchase order and send your tax exemption certificate to [email protected] or [email protected], as applicable.
Governing Terms: This Quote is subject to: (a) a separate written agreement between Customer or Customer's affiliate and Supplier or a Supplier's affiliate to the extent that it expressly applies to the products and/or services in this Quote or, to the extent there is no such agreement, to the applicable set of Dell's Terms of Sale (available at www.dell.com/terms or www.dell.com/oemterms), or for cloud/as-a- Service offerings, the applicable cloud terms of service (identified on the Offer Specific Terms referenced below); and (b) the terms referenced herein (collectively, the "Governing Terms"). Different Governing Terms may apply to different products and services on this Quote. The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted by Customer to Supplier.
Supplier Software Licenses and Services Descriptions: Customer's use of any Supplier software is subject to the license terms accompanying the software, or in the absence of accompanying terms, the applicable terms posted on www.Dell.com/eula. Descriptions and terms for Supplier-branded standard services are stated at www.dell.com/servicecontracts/global or for certain infrastructure products at www.dellemc.com/en-us/customer-services/product-warranty-and-service-descriptions.htm.
Offer-Specific, Third Party and Program Specific Terms: Customer's use of third-party software is subject to the license terms that accompany the software. Certain Supplier-branded and third-party products and services listed on this Quote are subject to additional, specific terms stated on www.dell.com/offeringspecificterms ("Offer Specific Terms").
In case of Resale only: Should Customer procure any products or services for resale, whether on standalone basis or as part of a solution, Customer shall include the applicable software license terms, services terms, and/or offer-specific terms in a written agreement with the end- user and provide written evidence of doing so upon receipt of request from Supplier.
In case of Financing only: If Customer intends to enter into a financing arrangement ("Financing Agreement") for the products and/or services on this Quote with Dell Financial Services LLC or other funding source pre-approved by Supplier ("FS"), Customer may issue its purchase order to Supplier or to FS. If issued to FS, Supplier will fulfill and invoice FS upon confirmation that: (a) FS intends to enter into a Financing Agreement with Customer for this order; and (b) FS agrees to procure these items from Supplier. Notwithstanding the Financing Agreement, Customer's use (and Customer's resale of and the end-user's use) of these items in the order is subject to the applicable governing agreement between Customer and Supplier, except that title shall transfer from Supplier to FS instead of to Customer. If FS notifies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items, or if Customer fails to enter into such Financing Agreement within 120 days after shipment by Supplier, Customer shall promptly pay the Supplier invoice amounts directly to Supplier.
Customer represents that this transaction does not involve: (a) use of U.S. Government funds; (b) use by or resale to the U.S. Government; or (c) maintenance and support of the products) listed in this document within classified spaces. Customer further represents that this transaction does not require Supplier's compliance with any statute, regulation or information technology standard applicable to a U.S.
Govemment procurement.
For certain products shipped to end users in California, a State Environmental Fee will be applied to Customer's invoice. Supplier encourages customers to dispose of electronic equipment properly.
Electronically linked terms and descriptions are available in hard copy upon request.
OFFER VARIES BY CREDITWORTHINESS AS DETERMINED BY LENDER. Offered by WebBank to Small and Medium Business 3% ores it balance, Del Buses, rei is not deed ares are or and entis, or business enlies located and greatered $15 or outside of the United States.
RIM S
Sun Ridge Systems, Inc.
To: Commander Chris Bourquin, Del Rey Oaks Police Department From: Tamera Melrose
Subject: Quotation for RIMS Software
Date: November 23, 2021
The following is a quotation for RIMS software based upon your recent request. This quote includes remote training that is conducted via BeyondTrust and a web-session not to exceed 4 hours.
Item Price
RIMS Mobile Computer Software $6,000
Installation Completed via Remote Access and Phone (Includes 4 hrs Remote Training) $900 Annual Support and Updates - First Year $900
TOTAL $7,800
Mobile Computer Specifications
An application server is required and is a separate server from your main RIMS SQL database server.
This system is also able to operate as two virtual servers on one physical server, using a hypervisor software platform like VMWARE or Hyper-V. The application server runs the following software Vobile Computer Controller, RICO Web Services, RIMS State Switch, E-911 interface and Fire Monitor. The specifications for a physical or virtual system are:
Recommended Specifications (If purchasing new PCs) Monitor Resolution: 1920 x 1080 Mobile Computers Application Server
Windows 10+ i7 processor Microsoft Windows Server 2016+ 8 GB RAM 16+ GB RAM
Any size disk Minimum 100 GB Disk Space
Additional Features for Mobile Computers: Wireless-Based Modem, Virus Protection Software, 2 or more USB ports, Internet Access (if using Google Maps).
Option features for Mobile Computers include: Touchscreen, Driver License Reader (USB), and Fingerprint reader by Digital Persona.
Sun Ridge Systems uses BeyondTrust remote access software for secure installation and follow-on support services. BeyondTrust software is provided by Sun Ridge Systems; there is no cost to you.
If you plan to purchase via a purchase order, Sun Ridge Systems may require customers to make some minor modifications to the purchase order's Standard Terms and Conditions. Specifically, sections related to Warranty and Indemnification may require modification. Examples of these modifications can be provided upon request.
This quotation is valid for 90 days and may change thereafter. If you have any questions, please call me at 800-474-2565. Thank you for your continued interest in RIMS. 11/22/21, 1:47 PM Mail - Chris Bourquin - Outlook
RE: MCT Costs
Hidalgo, Samuel x1445 < [email protected]>
Thu 6/3/20215:01 PM
To: Chris Bourquin «[email protected]»; Calcanas, Edgar x1453 < [email protected]»; Paxton, Steven x1463 «[email protected]> Cc: Penning, Tanya x6997 <[email protected]>
Good afternoon Chief Bourquin,
I hope this email finds you well. I'm not sure if this was already answered... catching up with my emails. In my presentation, I split the DCS costs into four components:
Network InformCAD
Infrastructure Mobile
Support
Entrust
NetMotion
hours of Inform Mobile support you use from us, etc.).
Below is the sample breakdown:
Share of Inform Share of
Agency Network Agency% Cellular / Agency% Inform M
Infrastructure Moblle
VPN Cost Cost
City of Del Rey Oaks PD 1 0.49% $30.93 0.26% $21.23
NetMotion Entrust
Qty Share of Share of
Agency EMS / Law/ Agency% Qty Agency %
Curr Mobile counts = NetMotion allocation wisht Cost Law Only Cost Fire
City of Del Rey Oaks PD 1 0.49% $211.31 1 0.27% $83.49
There should be no additional charges from ITD for a mobile outside of the four components listed above. Any other fees like the Verizon air card or the dispatch fees, are outside of the scope of MDCS. I hope this helps. Also, I belleve there are agencles that are using tablets like (SUMB) but if you'd ilke let us know which tablet you are considering and we can confirm with the CAD vendor (Central-Square), to be certain.
Regards,
Sam
Samuel Hidalgo, Systems Analyst I!
ITD County of Monterey
Information Technology Department
Innovate • Transform • Deliver 1590 Moffett St. Salinas, CA 93905 P: (831)796-1445 | E: [email protected]
From: Chris Bourquin <[email protected]>
Sent: Thursday, May 27, 20214:22 PM
To: Calcanas, Edgar x1453 ‹[email protected]>; Paxton, Steven x1463 <[email protected]>; Hidalgo, Samuel x1445 < [email protected]> Ce: Penning, Tanya x6997 <[email protected]:
CAUTION: This email originated from outside of the County. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Thanks Edgar, I can do the math. So there are 2 more County charges for MDT's additional to this onei From: Calcanas, Edgar x1453 <[email protected]> Sent: Thursday, May 27, 2021 3:49 PM
To: Chris Bourquin <[email protected]>; Paxton, Steven x1463 <[email protected]>; Hidalgo, Samuel x1445 <[email protected]> https://outlook.ofice.com/mail/d/AAQkADgyYWM3МzЕ4LWQ2Mm|tNGJhOC1iNG|1LTJhOTY0ZW]wOWZmOAAQAMYJxtXHu4hDsLhBecYFD8Y%3D 1/2 Group A Offense Report Printed On: 03/15/2022
Beginning Date: 02/01/2022 Ending Date: 02/28/2022
Agency: All
Offense Reported Reported Percent Offenses Percent Percent Of Rate Per In 2022 in 2021 Change Cleared Cleared Category 100,000* Murder NA 0.00 0.00 0000
Negligent Manslaughter NA 0.00 0.00 000
Justifiable Homicide 0 NA 0.00 0.00 0.00
Non-consensual Sex Offenses: NA 0.00 0.00 0.00
Rape NA 0.00 0.00 000
Sodomy NA 0.00 0.00 0.00
Sexual Assault with Object NA 0.00 0.00 0.00
Fondling NA 0.00 0.00 0.00
Aggravated Assault NA 0.00 0.00 0.00
Simple Assault 0| NA 0 0.00 0.00 0000
intimidation NA 0.00 0.00 0.00
Kidnapping/Abduction NA 0.00 0.00 0.00
Consensual Sex Offenses: NA 0 0.00 0.00 0.00
Incest NA 0 0.00 0.00 0.00
Statutory Rape NA 0.00 0.00 0.00
Sex Actraficking, Commercial NA 0.00 0.00 0.00
Servanderfing, Involuntary NA 0 0.00 0.00 0.00
Crimes Agalnst Persons Total NA 0.00% 0.00%
Robbery NA 0.00 0.00 0.00
Burglary/Breaking & Entering NA 0.00 0.00 0.00
Larceny/Theft Offenses NA 1 33.33% 75.00% 300000.00
Motor Vehicle Theft NA 0.00 0.00 0.00
Arson NA 0.00 0.00 0.00
Destruction Of Property NA 0.00 25.00% 100000.00
Counterfeiting/Forgery 0 NA 0.00 0.00 0.00
Fraud Offense 0 NA 0.00 0.00 0.00
Embezzlement NA 0 0.00 0.00 0.00
Extortion/Blackmail NA 0.00 0.00 0.00
• ° 0.00
Bribery NA 0.00 0.00
Stolen Property Offenses 0 NA 0.00 0.00 0.00
Crimes Against Property Total NA 1 25% 57.14% 400000
Drug/Narcotic Violations NA 1 100.00% 33.33% 100000.00
Drug Equipment Violations NA 1 100.00% 33.93% 100000.00 Gambling Offenses NA 0.00 0.00 0.00
Pornography/Obscene Material 0 NA 0.00 0.00 0.00
Prostitution 0 NA 0 0.00 0.00 0.00
Weapons Law Violation 0 NA 0.00 33.33% 100000.00
Animal Cruelty NA 0 0.00 0.00 0.00
Crimes Against Society Total NA 2 66.67% 42.86% 300000
Total Group "A" Offenses 7 NA 3 42.86% 100% 700000
Statewide Crime Profile * Adjusted population base: 1 2022 Crime in California Group A Offense Report Printed On: 03/15/2022
Beginning Date: 01/01/2022 Ending Date: 02/28/2022
Agency: All
Offense Reported Reporter Percent Offenses erce Percent Of Rate Per n 202 n 202 Change Cleared ear Category 100,000*
Murder NA 0.00 0.00 0.00
Negligent Manslaughter NA 0.00 0.00 0.00
Justifiable Homicide NA 0.00 0.00 0.00
Non-consensual Sex Offenses: NA 0.00 0.00 0.00
Rape NA 0.00 0.00 0.00
Sodomy NA 0.00 2.000 0.00
Sexual Assault with Object NA 0.00 0.000 0.00
Fondling NA 0.00 0.00 0.00
Aggravated Assault NA 0.00 0.00% 0.00
Simple Assault NA 0.00 0.00 0000
(Intimidation 0 NA 0.00 0.00 0.00
Kidnapping/Abduction NA 0.00 0.00 0.00
Consensual Sex Offenses: NA 0.00 0.00 0.00
Incest NA 0.00 0.00 0.00
Statutory Rape NA 0.00 0.00 0.00
Sex Act raficking, Commercial NA 0.00 0.00 0.00
Seniluctraficking, Involuntary NA 0.00 0.00 0.00
Crimes Against Persons Total NA 0.00% 0.00% 0
Robbery NA 0.00 0.00 0.00
Burglary/Breaking & Entering NA 0 0.00 0.00 0.00
Larceny/Theft Offenses 10 NA 40.00% 76.92% 1000000.00
Motor Vehicle Theft NA 0.00 0.00 0.00
Arson NA 0.00 0.00 0.00
Destruction Of Property NA 0.00 7.69% 100000.00
Counterfeiting/Forgery NA 0 0.00 7.69% 100000.00
Fraud Offense 1 NA 0.00 7.69% 100000.00
Embezzlement NA 0.00 0.00 0.00
Extortion/Blackmail NA 0.00 0.00 0.00
Bribery 0 NA 0 0.00 0.00 0.00
Stolen Property Offenses 0 NA 0 0.00 0.00 0.00
Crimes Agalnst Property Total 13 0 NA 4 30.77% 81.25% 1300000 Drug/Narcotic Violations NA 100.00% 33.33% 100000.00
Drug Equipment Violations NA 100.00% 33.33% 100000.00
Gambling Offenses 0 NA 0.00 0.00 0.00
Pornography/Obscene Material 0 NA 0 0.00 0.00 0.00
Prostitution NA 0 0.00 0.00 0.00
Weapons Law Violation NA 0 0.00 33.33% 100000.00
Animal Cruelty -om 0 NA 0.00 0.00 0.00
Crimes Against Society Total 0 NA 2 66.67% 18.75% 300000 Total Group "A" Offenses 16/ NA 37.5% 100% 1600000
Statewide Crime Profile * Adjusted population base: 1 2022 Crime in Califomia
CITY OF DEL REY OAKS
650 CANYON DEL REY BLVD. DEL REY OAKS, CALIFORNIA 93940 PHONE (831) 394-8511 FAX (831) 394-6421
DATE: March 22, 2022
TO: Honorable Chair and Council Members
FROM: Denise Duffy, City Planning Consultant
SUBJECT: 2021 General Plan Annual Progress Report
CEQA: This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378 as it is an organizational activity of the City that will not result in direct or indirect physicalchanges in the environment.
Annual Progress Report: Government Code section 65400(a)(2)(A) requires each City and County to provide an annual progress report to the Office of Planning and Research (OPR) and Housing and Community Development department (HCD) on the status of the general plan and progress in implementation of housing policies and programs since the previous reporting year. A primary purpose of this reporting is to detail the progress each jurisdiction has made in meeting the jurisdiction's share of regional housing needs allocation (RHNA) determined pursuant to Government Code section 65584, as well as updates on local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to Government Code section 65583(c)(3) (Id. at § 65400(a)(2)(B)). The general requirements to the General Plan Annual Progress Report (APR) and Housing Element APR are addressed below.
Requirements: The annual progress reports must be provided to the OPR and HCD on or before April 1s' of each year. Jurisdictions report on a calendar-year basis (January 1 through December 31). There is no standardized format for the preparation of an APR for the General Plan. The form and content of the report may vary based on the circumstances, resources, and constraints of each jurisdiction. 2021 General Plan Annual Progress Report: This 2021 APR incorporates the adopted 2020 and 2019 APR. The 2020 and 2019 APR provided a comprehensive review of progress made on the City General Plan'. Consistent with previous reports, the attached matrix (Attachment A) provides a comprehensive listing of all general plan policies, categorized by element, with a commentary on status.
The assessment notes how, or if a policy was implemented during the reporting period (i.e., a description of the activities underway or completed for implementation of cited policy).
The City Council and Planning Commission also provided guidance and comments on the 2020 APR during public meetings held in March 2021, and previously in 2020. This guidance included comments and updates to status of policies, as well as areas where updates or modifications to the General Plan would be desirable or required due to outdated information. This guidance is incorporated into the 1 See Attachment A: City of Del Rey Oaks General Plan List of Policies for the 2021 General Plan Annual Progress Report (APR) attached 2021 APR. No changes to the General Plan or amendments to policies were undertaken in 2021. Thus, the assessment and charts contained in the APR/Attachment A adopted by the City Council on March 23, 2021, continue to be applicable to this 2021 APR. Further, on March 10, 2022, the Planning Commission at a duly noticed public hearing considered the 2021 APR and recommended approval of the APR to the City Council.
2021 Housing Element Annual Progress Report: Each jurisdiction (city council or board of supervisors) must also prepare and submit an APR on the jurisdiction's status and progress in implementing its Housing Element (Government Code Section 65400). Each jurisdiction's Housing Element APR must be submitted to HCD and the Governor's Office of Planning and Research (OPR) by April 1st of each year and it covers the previous calendar year (January 1 to December 31, 2021).
The purpose of the APR is to provide information regarding local agency progress in meeting its share of RHNA and removing governmental constraints to the development of housing pursuant to Government Code section 65583(c)(3). The focus of the report is progress made since the last reporting period. The City's Housing Element policies and progress toward implementation are shown on Attachment A.
General Plan Annual Progress Report Attachment
The attached 2021 APR represents the current snapshot of the progress made on general plan policies and general status in accordance with adopted goals, policies, and implementation measures, Consideration by City Council
1. Consider staff report and documentation.
2. Approve attached resolution and direct submittal of APR to HCD/OPR.
Respectfully submitted,
Denise Duffy
CITY OF DEL REY OAKS
650 CANYON DEL REY BLVD. DEL REY OAKS, CALIFORNIA 93940 PHONE (831) 394-8511 FAX (831) 394-6421
City of Del Rey Oaks
2021 General Plan Annual Progress Report
March 16, 2022
Annual Progress Report
1.0 Introduction and Summary
Government Code Section 65400 requires the City to prepare an annual report on the status of the City's General Plan (Plan) and progress in its implementation (2021 General Plan Progress Annual Report). This Annual Progress Report (APR) must be provided to the Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). The APR supplies a means to monitor the success of implementing the General Plan and determine if changes are needed in the Plan or in the implementation of its programs. The APR also provides information on the City's progress in meeting its share of regional housing needs allocation (RHNA) and summarizes the degree to which the General Plan complies with statutory requirement pursuant to Government Code Section 65040.2.
The format and content of this Annual Progress Report was prepared in accordance with the State's submittal requirements under California Government Code Section 65400. This General Plan Annual Progress Report is a reporting document and does not create or alter policy. The content is provided for informational purposes only and is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15306. The APR is meant as a progress document, with reporting required to be completed each year on the previous calendar-year (January 1 through December 31).
The Del Rey Oaks (City) General Plan was last updated in December 2019, with the adoption of the Housing Element. 1 The original City General Plan was adopted in 1988. An update to the General Plan was approved in 1997 for lands within the former Fort Ord. This update approved land use designations and policies for the City's lands within City areas of former Fort Ord. The current General Plan is a combination of the original 1988 General Plan Policies and the 1997 General Plan Update for the former Fort Ord area. The current General Plan also includes the updated 2019 Housing Element. The General Plan has had no other updates. 1 The next Plan update planned is in 2022 with the Update to the City's Housing Element.
2.0 APR Reviews
An APR is meant to address the progress the City has made towards implementing the actions of the General Plan. Although no major updates to the City General Plan have occurred over the years, the City has conducted annual comprehensive reviews of the City's policies in the past - most recently in in 2019, 2020 and 2021. The Planning Commission and City Council each held several public meetings to comprehensively review the implementation progress and status of each of the City's General Plan updates prior to submittal of each APR for the City of Del Rey Oaks. During these meetings, individual policies of the General Plan were reviewed, relevant projects undertaken by the City were identified, and progress on the implementation was discussed. The last General Plan APR (the 2020 APR) was considered and approved at the March 23, 2021, City Council hearing.
3.0 General Plan Implementation Progress
The City General Plan elements were reviewed for implementation progress in multiple meetings at the Planning Commission and City Council in a series of meetings in the past, most recently in May and June of 2020 and in March 2021. Previously, the Planning Commission reviewed individual policies and conducted a series of open meetings and public hearings on each General Plan element in 2017.
There has not been any change in policies to the General Plan nor any substantial change since the 2020 APR was submitted to HCD/OPR. Thus, the 2021 APR conclusions are similar to the 2020 APR, and outlined below:
• The City has worked to progressively implement some of the policies outlined in each element of the City's General Plan, but the General Plan document is lacking or needs updating in certain areas. The City's General Plan policies need a comprehensive update, and the City Council affirmed this need in their comments on the APR in 2020 and 2021. • The City has consistently reviewed the policy areas during their 2020 and 2021 meetings on the APR. In both 2020 and 2021, the City identified policies that need updating, and noted additional steps would be needed to effectuate the General Plan more fully, or to update policies and programs related to issues facing the City today. Specific policy areas that were identified for updating are shown below and in Attachment A. These address current issues related to traffic, water, and land use. • In addition, Planning Commissioners and City Council members expressed support for adding policies related to climate change and to further consider those policies related to potential future development, particularly for housing and affordable housing availability. • In 2021, the Planning Commission expressed support for continuing review of the General Plan policies as part of future efforts to update the General Plan. This is consistent with City Council comments in 2020 and 2021.
• The General Plan includes a number of overall concepts/policies that are still current and compatible with the current vision and quality of life values of the City. • The following General Plan policies were specifically identified as outdated needing revision/updates:
General Plan Policies Needing Update or Revision
Excerpted from Attachment A
Policy Implementation Discussion/Implementation
Policy Summary Status' Progress?
Number
Land Use Element
The City shall work with the Local Needs Update The City has worked closely with Agency Formation Commission (LAFCO) LAFCO when the City annexed L-2 to define the City's Sphere of Influence property on former Fort Ord. The For the pare ord reuse area i recitate annexation discussed in this policy is annexation.
Circulation Element
Level of Service (LOS) shall be as defined Needs Update This policy is outdated and needs by the most recent planning method in updating. See C-3 below.
C-1 the Highway Capacity Manual (HCM) for
during the weekday
afternoon peak hour.
All intersections on Highway 218 within Senate Bill (SB) 743, signed in 2013, the City are part of the adopted changes the way transportation Monterey County Congestion studies are conducted in CEQA Management Program (CMP) network. documents. See C-3 below.
Proposed new land uses shall require This policy is outdated and needs mitigation measures to assure that the updating.
CMP LOS standards are met for those
intersections. These measures may
C-2
include, but not be limited to a fair share
the City's costs to fund the
recommended regional transportation Needs Update
projects. The CMP LOS standards are as
follows:
Intersection - CMP Standard
1. Highway 218 @Highway 68 - LOSE
2. Highway 218 @ N. Fremont - LOS D
Needs Update Senate Bill (SB) 743, signed in 2013,
nitigation measures to assure that the changes the way transportation LOS will not degrade below LOS "C" Ol studies are conducted in CEQA c-3
level of service (LOS) as the metric
for impact determination. The City
address the shift from delay-based
2 The 2020 APR identified outdated policies and/or those considered no longer relevant. These are excerpted from Attachment A and shown on the above summary table. Please refer to Attachment A for a more thorough listing of general plan policies and status as of March 23, 2021.
General Plan Policies Needing Update or Revision
Excerpted from Attachment A
Policy Implementation Discussion/Implementation
Number Policy Summary Status? Progress?
LOS CEQA traffic analyses to VMT
CEQA traffic analyses. This policy is
outdated and needs updating.
The City does not support any Needs Update Re-alignment of Highway 68 and realignment of Highway 68 which will Canyon Del Rey has not been significantly impact the intersection of proposed; no realignment proposed C-7 Canyon Del Rey and Highway 68 and or occurred for any significant result in land use and fiscal impacts on portion of this area. Policy reference the City due to the loss of commercial needs update.
property at the east entrance to the
The City supports the Monterey County Needs Update See Policy C-2 above. c-9
Needs Update The City has adopted some of these
bike lanes including a Class Il bike
lane along Highway 218 traveling
In order to provide or promote a safe, west, the City supports the interconnected network of bicycle and proposed Fort Ord Rec Trail and pedestrian routes linking homes with
Greenway (FORTAG) which will
places of work, school, recreation, provide regional bike trail shopping, transit centers and othe connections through the cities of activity centers both within the City and
Monterey, Del Rey Oaks, Seaside,
nearby, four Class II City Bike Routes
and Marina. The funded FORTAG
are hereby designated and adopted: segment will install a raised bike C-11 : Highway 218 within City limit path on Carlton Drive. The South North/South Road from Cit
Boundary Road project will include
limit to Highway 218 a separated mixed-use path from
(requested Fort Ord GJM to Rancho Saucito Road in
annexation area
• Carlton Drive from Highway
218 to the City limit. requested Fort Ord annexatic
ea" is outdated and should k
South Boundary Road (requested Fort
Ord annexation area
revised/updated).
Noise Element
Ongoing Policy
Strong support shall be given to:
a. Proposals for restricting the Needs Update The City has worked with the airport use of high noise emitting at the elected, staff, and citizen levels to ensure residents are
N-1 b. State and Federal regulations protected from operational noise to quiet jet engines; However, Runway 6-24 has been
c. Reduction in flight frequency, closed for safety and noise particularly in the most noise abatement purposes and this is out sensitive time periods:
of date.
General Plan Policies Needing Update or Revision
Excerpted from Attachment A
Policy Implementation Discussion/Implementation
Number Policy Summary Status Progress?
d.
areas of the City;
f. Use of the natural terrain,
buffers to shield noise emitted
to residential areas; and
unway 6-24 should not be used due to
noise and safety impacts of nearbi
residents.
4.0 Housing Element Implementation Progress
The City Planning Commission and City Council recognized the need for a Housing Element update and completed the Housing Element Update in 2019. The City adopted the 2019 Housing Element on December 17, 2019, as required by Government Code Section 65580 et seq. The 2019 Housing Element is a multi-year housing plan for the 5th Planning Cycle, 2015-2023 planning period. Attachment A includes a status on Housing Element policy implementation. The City is working on the updating the 2019 Housing Element Update to meet HCD requirements.
Specifically, the City's housing element policies will be updated to include rezoning as an action/policy to meet HCD requirements for compliance. The City held a workshop on the Housing Element 5th Cycle update in a joint session with Planning Commission and City Council in 2021 and plans another workshop at the end of March 2022.
5.0 APR 2021
After consideration of the 2021 APR in March 2022, the Planning Commission provided a recommendation to the City Council to approve the report and submit the APR to the State.
This 2021 APR incorporates this report and the attached tables; these documents collectively represent the APR review as required for the 2021 APR.
Attachments
General Plan Policies and Implementation Status, approved at the March 23, 2021, City Council Hearing; and 2021 Housing Element APR Policy Implementation Status.
ATTACHMENT A
City of Del Rey Oaks General Plan
List of General Plan Policies for
2021 General Plan Annual Progress Report (APR)
This matrix provides a policy listing with notes on progress or implementation Status as of March 23, 2021.
Note: No changes to the General Plan policies have been made since the previous APR was approved by the Planning Commission and City Council and submitted to HCD and OPR on April 1, 2021.
The Planning Commission approved the 2021 APR for submittal to City Council and HCD/OPR at a public hearing on March 9, 2022.
City of Del Rey Oaks Page 1
General Plan Implementation Progress Report APR approved by City Council, March 23, 2021 City of Del Rey Oaks
2021 General Plan Annual Progress Report (APR) Implementation Status Approved March 23, 2021, by City Council
Policy Policy Summary Implementation Discussion Implementation Progress Number Status
Land Use Element
The City of Del Rey Oaks shall work with adjoining cities, Ongoing Policy The City works regularly with local agencies to ensure consistency between special districts, County and regional agencies on matters of regional development and City General Plan policies. zoning, land use planning, transportation planning and water shed management to assure that all development projects L-1
and actions are consistent with the goals and policies
contained in the City's General Plan, and that such projects and actions shall minimize adverse community and
environmental impacts.
The City shall work with the Local Agency Formation Complete/Needs The City has worked closely with LAFCO when the City annexed property on Commission (LAFCO) to define the City's Sphere of Influence Update former Fort Ord. The annexation discussed in this policy is complete.
L-2
and prepare a plan for providing services for the Fort Ord reuse area to facilitate annexation.
The City shall continue to work with the Monterey Peninsula Ongoing Policy The City works closely with the Monterey Peninsula Airport District to ensure Airport District to ensure land use compatibility of the land use compatibility including providing comment on plans. In addition, a airport's proposed north side development plan. The City 100-foot buffer along the northern airport property line has been designated L-3
shall work with the Airport District to ensure that the District as Open Space to provide separation for the City to reduce impacts on the will implement a buffer open space area that reduces the residents. impact on the adjoining residential units in the City.
The City shall work with the Airport District to ensure that Ongoing Policy The City communicates with the Airport District regarding development plans L-4 the Airport District will not compete with the City's market for future development of light industry, research, visitor the city denera lan aud aner ture tal vetimeo dress conficts with serving, and office uses.
The airport shall not expand its present aviation operation. If Ongoing Policy City is working with the airport on their general plan update, which will expand L-5 expansion is necessary to accommodate projected passenger facilities but not in areas that should affect the City. demand, it should be moved away from populated areas
prior to further improvement and capital investments.
1 Please refer to the full Staff Report for the APR (Planning Commission March 9, 2022, hearing). A full APR review was conducted in 2019, 2020. In 2021, this matrix was updated based upon comments received at the March 10, 2021, Planning Commission and March 23, 2021 City Council hearings. No changes to the General Plan policies have been made since the previous APR was reviewed and approved on March 23, 2021, and subsequently submitted on April 1, 2021.
City of Del Rey Oaks Page 2
General Plan Implementation Progress Report APR approved by City Council, March 23, 2021 City of Del Rey Oaks
2021 General Plan Annual Progress Report (APR) Implementation Status Approved March 23, 2021, by City Council
Policy Policy Summary Implementation
Number Status Discussion Implementation Progress
Ongoing Policy All new commercial projects are reviewed for consistency with the City's New commercial uses shall be compatible with the character character and uses by the City Planning Commission, overseen by the City L-6 of the community and not generate impacts that would Council. One recent example includes the Stone Creek Shopping Center create a significant adverse effect on existing uses. development in which there was continuous discussion between the developer and City about viewsheds, character of the shopping center, and impacts of uses.
Ongoing Policy The City's Planning Commission encourages undergrounding of facilities in new Undergrounding of utilities and other forms of enhancement development, the Stone Creek Shopping Center undergrounded utilities but L-7 shall be pursued as practicable on public and private there has not been a lot of major development in City recently. The City is property. currently accumulating money from PG&E yearly and saving those funds to be able to underground whole sections of the City.
New development along Canyon Del Rey should be reviewed Ongoing Policy There has not been a lot of new development along Canyon Del Rey. During from the standpoint of the "view from the road," in addition development of the Stone Creek Shopping Center Project, a program was L-8 to normal site plan review criteria. Buildings should be developed to preserve and plant oak trees, maintain open space, and modulated for interest and softened by trees and incorporate native vegetation into landscaping. landscaping.
Native vegetation along Canyon Del Rey should be preserved Ongoing Policy See policy L-8. Stone Creek Shopping Center as an entrance to the City was L-9 and entrances to the City enhanced by landscaping. considered during the development of the project and native landscaping was incorporated.
New commercial uses shall consider its' effects on glare, Ongoing Policy The City Council and Planning Commission take these factors into L-10 bright lights, or electrical interference that would affect consideration for all new commercial development. airport operations.
Commercially zoned areas shall include standards for: visual Ongoing Policy consideration for al new commercia developmenese factors into L-11 appearance, landscaping, screening of storage and trash, building bulk, height, exterior treatment, and relationship to Canyon Del Rey Road and Highway 68.
New and or remodeled and expanded residential structures Ongoing Policy Multiple remodeling and residential expansion projects come before the L-12 shall be visually attractive and compatible with the existing Planning Commission every year and these policies and design factors are residential neighborhoods and their appearance. considered. on stets and oats, tries and recent paringer ences. Ongoing Policy The City has various ordinances setting standards for parking of all types of L-13 vehicles to conserve the character of the City.
property where they detract from the orderly appearance of the neighborhood.
L-14 The City should continue to support the Association of Ongoing Policy The City is a member of Association of Monterey Bay Area Governments and City of Del Rey Oaks Page 3
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2021 General Plan Annual Progress Report (APR) Implementation Status Approved March 23, 2021, by City Council
Policy Policy Summary Implementation Discussion Implementation Progress Number Status
Monterey Bay Area Governments in its efforts to disseminate supports their projects and programs. information and to develop technical assistance programs.
Ongoing Policy A primary goal of the City is to facilitate community input and feedback; all community meetings are open to the public and advertised on their website.
L-15 The City shall facilitate community input and feedback in In addition, community input is encouraged, and public participation plays a various methods including the City's ACORN publication. major role in all City projects including the City's Housing Element update, sign ordinance and short-term rental ordinance.
Ongoing Policy The City encourages volunteer participation in programs such as the Citizen's The City should encourage volunteer participation for their Action Group, Sustainable Del Rey Oaks, various Mayor's advisory committees, L-16 and through efforts such as "Adopt an Island" where volunteers beautify citizens.
public open space. The Planning Commission is made up of resident volunteers.
Circulation Element
Level of Service (LOS) shall be as defined by the most recent Needs Update This policy is outdated and needs updating.
C-1 planning method in the Highway Capacity Manual (HCM) for intersections during the weekday afternoon peak hour.
All intersections on Highway 218 within the City are part of Senate Bill (SB) 743, signed in 2013, changes the way transportation studies the adopted Monterey County Congestion Management are conducted in CEQA documents. See C-3 below.
Program (CMP) network. Proposed new land uses shall This policy is outdated and needs updating. require mitigation measures to assure that the CMP LOS
standards are met for those intersections. These measures Needs Update G-2 may include, but not be limited to a fair share of the City's costs to fund the recommended regional transportation
projects. The CMP LOS standards are as follows:
Intersection - CMP Standard
1. Highway 218 @Highway 68 - LOSE
2. Highway 218 @ N. Fremont - LOS D
Needs Update Senate Bill (SB) 743, signed in 2013, changes the way transportation studies Proposed new land uses shall require mitigation measures to are conducted in CEQA documents. Vehicle miles traveled (VMT) replaces c-3 assure that the LOS will not degrade below LOS "C" or the motorist delay and level of service (LOS) as the metric for impact current (1995) LOS - whichever is lower for all other determination. The City will consider adopting updated VMT thresholds and intersections within the City. guidelines to address the shift from delay-based LOS CEQA traffic analyses to VMT CEQA traffic analyses. This policy is outdated and needs updating.
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Policy Policy Summary Implementation Discussion Implementation Progress Number Status
To minimize the adverse impact of through-traffic traversing No Issue No widening has occurred on Highway 218. It is the policy of the City that if the City, widening or other actions which increase such new development has the potential for an adverse impact on traffic the City G-4 traffic on Highway 218 west of North-South Road or City would require a traffic study and environmental clearance document to streets will be discouraged or not permitted by the City. determine mitigation that would minimize traffic impacts. Also, North South Conversely, actions which reduce or divert such traffic will be Road is now called General Jim Moore, this should be changed when GP is favored or implemented by the City. revised/updated.
Super trucks shall not be allowed off State highways within No Issue No issue.
C-5 City limits.
For proposed new land uses, new off-street parking shall be Ongoing Policy All new proposed land uses are reviewed for parking and traffic impacts by the c-6 required, adequate for the motor vehicle parking demand City Planning Commission, overseen by the City Council. generated by such proposed use(s). Joint use parking is encouraged.
which wil Spiranty may elite or of canyon ele Needs Update Re-alignment of Highway 68 and Canyon Del Rey has not been proposed; no realignment proposed or occurred for any significant portion of this area.
C-7 Rey and Highway 68 and result in land use and fiscal impacts Policy reference needs update. on the City due to the loss of commercial property at the east entrance to the community.
Complete/ Policy North-South Road was reopened and renamed as General Jim Moore Needs Update Boulevard. Potential negative impacts of reopening of the road were Minimize the potential negative impact of the reopening of C-8 North-South Road. minimized through traffic calming measures such as traffic lights, stop signs, raised concrete center divide, etc. Also, North/South Road is now called General Jim Moore, this should be changed when GP is revised/updated.
The City supports the Monterey County Congestion Needs Update See Policy C-2 above.
Management Program and voluntary Trip Reduction
c-9
Ordinance adopted by the Transportation Agency for
Monterey County.
Ongoing Policy The City seeks a mixed-use development on its Fort Ord property that will C-10 To reduce the need for motor vehicle trips, mixed, promote walkability. The City strongly supports the TAMC-led Fort Ord complementary land use will be promoted where feasible. Recreational Trail and Greenway project to promote walkability through the The City will coordinate and assist with TAMC and AMBAG in Ongoing Policy The City works closely with TAMC and AMBAG; TAMC has development c-10a providing funding for an efficient regional transportation different regional fees associated with new development, therefore if new network. development does occur the City would be required to pay the appropriate fees.
C-10b Support and participate in regional and state planning efforts Ongoing Policy The City is collaborating with, TAMC, and the City of Monterey on the South City of Del Rey Oaks Page 5
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Policy Policy Summary Implementation Discussion Implementation Progress Number Status?
and funding programs to provide an efficient regional Boundary Road project to provide for a separated mixed-use path along South transportation network. Boundary Road, and potential round-about at the intersection with General Jim Moore Bivd.
Land use and circulation plans shall be integrated to create No Issue There has not been much significant new development in the City. an environment that supports a multi-modal transportation C-10c system. Development shall be directed to areas with a. confluence of transportation facilities (auto, buses, bicycles, pedestrian, etc.)
In order to provide or promote a safe, interconnected Need Update The City has adopted some of these bike lanes including a Class I! bike lane network of bicycle and pedestrian routes linking homes with along Highway 218 traveling west, the City supports the proposed Fort Ord Rec places of work, school, recreation, shopping, transit centers Trail and Greenway (FORTAG) which will provide regional bike trail and other activity centers both within the City and nearby, connections through the cities of Monterey, Del Rey Oaks, Seaside, and four Class II City Bike Routes are hereby designated and Marina. The funded FORTAG segment will install a raised bike path on Carlton C-11 adopted: Drive. The South Boundary Road project will include a separated mixed-use Highway 218 within City limits; path from GJM to Rancho Saucito Road in Monterey. (Note: the reference to North/South Road from City limit to Highway 218 "requested Fort Ord annexation area" is outdated and should be deleted. (requested Fort Ord annexation area Also, North/South Road is now called General Jim Moore, this should be Carlton Drive from Highway 218 to the City limit. changed when GP is revised/updated) South Boundary Road (requested Fort Ord
annexation area
Any improvement, repavement or signalization on the three No Issue See C-11.
C-12 designated City Bike Routes permitted by the City shall include Type Il bike lanes on both sides of the affected segment of those routes.
Ongoing Policy All new non-residential land uses, of which there have been very few within New non-residential land uses which generate significant the City, must adhere to California Environmental Quality Act standards, adverse traffic impacts shall dedicate an easement or make a therefore if they do have the potential to generate adverse traffic impacts C-13
monetary contribution, if appropriate, toward the those impacts would be evaluated in a traffic study and mitigation measures to completion of adopted Bicycle Routes. reduce those impacts would be required, these may include new bicycle routes.
For all proposed new land uses in the City, provision for Ongoing Policy Though there has not been much new development in the City, the Planning C-14 bicycle circulation, sidewalks and pedestrian-friendly design Commission reviews all new projects and promotes multi-modal will be required. transportation and walkability
Land use and circulation plans shall be integrated to create No Issue See policy C-10 above.
C-15
an environment that supports a multimodal transportation City of Del Rey Oaks Page 6
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Policy Implementation Discussion Implementation Progress Number Policy Summary Status
system. Development shall be directed to areas with a
confluence of transportation facilities (auto, bus, bicycle, pedestrian, etc.).
The City will seek to continue and expand the provisions of Ongoing Policy The City works closely with MST to continue to provide service to the City and C-16
MST or other transit services to existing and new users. regional connections.
Ongoing Policy The City submitted written comment during the Airport District's Master Plan The City will not support the potential north side access from EIR opposing a north side access road through the City in 2018. The Airport C-17 Highway 218 and Del Rey Gardens Drive or any airport access changed its plan to propose access through an existing road in Monterey to its road through the City of Del Rey Oaks.
Public Services Element
New development shall be required to "pay its own way" and Ongoing Policy New development is required to evaluate its potential adverse effects on 5-1 not overly burden existing City residences and services services and other environmental impacts under CEQA and identify potential consistent with applicable laws. mitigation if applicable.
Ongoing Actions for California American Water Company has done some water line replacement S-2 The City shall encourage the appropriate agency to look into Implementation along General Jim Moore Boulevard and Carlton Drive within the City. Seaside replacing deteriorated sewer and water lines. Underway County Sanitation District (SCSD) has improved a lift station at Rosita and Angelus.
5-3 All new development shall connect to a municipal water and Ongoing Policies The City Councit and Planning Commission take these factors into sewer system. Implemented consideration for all new development.
Gravity flow for sewer and water service shall be employed Ongoing Policy The City Council and Planning Commission take these factors into S-4
wherever feasible and appropriate. consideration for all new development.
The City should work closely with the Seaside Sanitation Ongoing Policy Some houses within the City are still on septic, but new lines on General Jim S-5 District and the County Health Department in encouraging all Moore Boulevard encourage and allow for more houses to connect. The City is homes to be connected to the sanitary sewer system. working with SCSD to address sewer improvements to help implement this policy.
5-6 Engineered drainage plans shall be required for all Ongoing Policy Engineering drainage plans are required under CEQA and reviewed by the City development projects. for all new development, of which there has not been much in the City.
The direct discharge of stormwater or other drainage from Ongoing This policy is in reference to the former Fort Ord area(s). There has not been new impervious surfaces created by development of the any new significant development in these areas however, new development is office park (OP) parcel into the ephemeral drainage in the required to evaluate its potential adverse effects on hydrology and water S-60
natural area expansion (NAE) parcel will be prohibited. No quality under CEQA and identify potential mitigation if applicable. increase in the rate of flow of stormwater runoff beyond pre- development levels will be allowed. Stormwater runoff from City of Del Rey Oaks Page 7
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Policy Policy Summary Implementation Discussion Implementation Progress Number Status?
developed areas in excess of pre-development quantities shall be managed on site through the use of basins,
percolation wells, pits, infiltration galleries, or any other technical or engineering methods which are appropriate to accomplish these requirements will be utilized for
development on polygon 31b.
The City shall identify public infrastructure needs to schedule Ongoing Actions for the cily has identified puble infrastrucer in improvere os the former ft ord 5-7 improvements necessary for achieving long term land use Implementation and community development objectives. Underway property to allow future development based on zoning.
The City shall develop a water allocation program identifying Ongoing Actions for The Monterey Peninsula Water Management District (MPWMD) and Marina 5-8 priority water connections. Implementation Coast Water District (MCWD) regulate the allocation of water within the Underway Monterey Peninsula including the City's former Fort Ord area. 5-9 The City shall encourage waste minimization and source Ongoing Policy This is required under state mandate. reduction of all wastes.
Parks and Recreation
A Park Master Plan should be developed to address the No Current Actions for There has not been a Park Master Plan developed due to lack of budget.
P5-1 maintenance and upgrade to the City's parks. Implementation Underway
New development should provide landscaping, natural areas Ongoing Policy The City's review process under the Planning Commission and City Council PS-2 of open space, recreation areas or amenities wherever takes this policy into account, for provision of landscaping, natural areas of appropriate. open space, recreation area or amenities where appropriate.
Open Space/Conservation
The City will encourage protection of scenic resources by: Ongoing Policy The design, location, and use of natural landforms of new development are a. Locate structures away from ridgelines, steep considered by the City Council and Planning Commission. slopes, or in other highly visible locations unless site C/OS-1 review and design makes it desirable;
b. Utilize natural landforms and vegetation for
screening structures, access roads, building
The City Sound evely communtait and coordinate with
C/05-2 Ongoing Policy Regiona store Water Manesentent regram to prevent soil reston, polition surrounding jurisdictions and water agencies in preventing City of Del Rey Oaks Page 8
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Policy Policy Summary Implementation Discussion Implementation Progress Number Status
erosion, pollution and siltation of the Canyon Del Rey and siltation of the Canyon Del Rey drainage system. In addition, the California drainage system. Environmental Quality Act limits/prevents impacts to geologic and water resources; therefore, any project proposed for development along Canyon Del Rey that may have an adverse impact on the drainage system would be subject to assess and mitigate for any adverse impacts under the California Environmental Quality Act.
C/OS-3 Wildlife habitat and wildlife corridors shall be preserved. Ongoing Policy The City is committed to preserving wildlife habitat and wildlife corridors. The Monterey Regional Parks District maintains the vegetation of the frog pond.
Ongoing Policy The City is committed to maintaining native vegetation, including riparian Significant stands of riparian vegetation shall be subject to vegetation within the City. The Monterey Regional Parks District maintains the C/0S-4 vegetation of the frog pond with the goal of preserving the natural riparian vegetation.
C/0S-5 The existing system of green belts and open spaces should be Ongoing Policy The City is committed to maintaining green belts and open spaces and has set preserved and maintained. aside multiple parcels for this purpose.
Ongoing Policy A portion of the former Fort Ord land has been preserved as open space, irreplaceable natural resources and open space at former including the CNPS area parcel. A portion of the former Fort Ord area is c/os-5a limited by geographic slope and other land constraints. This may encourage Fort Ord.
some additional open space/conservation in this area.
The City shall use open space as a buffer between various Ongoing Policy The City has several areas designated as open space with the primary purpose c/OS-5b types of land use. to act as buffers, for example the area north of the Airport District is designed as open space to buffer between the Airport and City residential areas.
The City shall review each development project in the former Ongoing Policy The annexed land from former Fort Ord includes a conservation area that C/0S-5C Fort Ord annexation area with regard to the need for open serves as a buffer area. The City is working with the California Native Plant space buffers between land uses. Society to preserve this area.
The City shall review each future development project for Ongoing Policy The City Planning Commission considers open space buffers and land use compatibility with adjacent open space land uses and require compatibility when reviewing new development. The upcoming RV Park c/0S-5d that suitable open space buffers are incorporated into the Project has worked with FORTAG (Fort Ord Rec Trail and Greenway). Also, the development plan of incompatible land uses as a condition of City has designated a portion of property for the California Native Plant project approval. Society. Work Memorial Park is also designated as open space.
The City shall ensure that all habitat conservation and Ongoing Policy The City upon approval of the General Plan for the area of former Fort Ord, corridor areas identified in the Fort Ord Habitat Management was required to adopt each of the policies in the Fort Ord Reuse Area Plan as Plan (HMP) are protected from degradation due to part of their General Plan update; this includes compliance with the HMP. c/os-5e development within or adjacent to these areas. This shall be accomplished by assuring that all new development in the Fort Ord Reuse Area adheres to the management
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General Plan Implementation Progress Report APR approved by City Council, March 23, 2021 City of Del Rey Oaks
2021 General Plan Annual Progress Report (APR) Implementation Status Approved March 23, 2021, by City Council
Policy Policy Summary Implementation Discussion Implementation Progress Number Status
requirements of the HMP and the policies of the Fort Ord Reuse Area Plan.
The City shall encourage the preservation of small pockets of Ongoing Policy Please see Policy C/OS-5e, above. habitat and populations of special status species within and around developed areas, in accordance with the
C/OS-5f recommendations of the HMP and Fort Ord Reuse Area Plan.
This shall be accomplished by requiring project applicants to conduct surveys to verify sensitive species and/or habitats on the site and developing a plan for avoiding or salvaging these resources, where feasible.
The City shall provide for the protection and mitigation of Ongoing Policy The City Council and Planning Commission review ensure all new projects in c/05-5g impacts of wetland areas consistent with applicable state the City comply with applicable state and Federal regulations. and Federal regulations.
The City will encourage the Monterey Regional Parks District Ongoing Policy The City works closely with Monterey Regional Parks District (MRPD) to C/0S-6 to ensure water quality of the Frog Pond, develop and implement this policy relative to the Frog Pond and MRPD property. maintain areas of open viewsheds of the Frog Pond along Canyon Del Rey and North/South Road.
Maintain the green belt along the Canyon Del Rey drainage Ongoing Policy Consistent with C/OS-6 above, viewshed of Frog Pond.
C/OS-7
way.
Ongoing Policy The City Council and Planning Commission review ensure these policies are c/OS-8 implemented when new development occurs; in addition, under CEQA any potential impacts to hydrology/water quality are evaluated and mitigation is required where significant.
Ongoing Policy The City works closely with surrounding jurisdictions to maintain safe conditions for their residents, including preventing channel erosion and With Surpuld urineto sin prevente and annierosion siltation due to increased water runoff from urban development in upland C/05-9 and siltation in Del Rey Oaks due to increase water runoff areas such as the former Fort Ord area and the hillside upland below the from urban development in upland areas. Airport property. In addition, under CEQA any potential impacts to hydrology/water quality are evaluated and mitigation is required where significant.
All lands within 50 feet of an active or potentially active fault Ongoing Policy The City Council and Planning Commission consider this policy when approving lands of 25% slope and above, unstable soil areas and areas new development projects.
C/OS-10 subject to periodic flooding should generally be kept free of development until further detailed geotechnical studies prove these lands safe to the City's satisfaction.
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2021 General Plan Annual Progress Report (APR) Implementation Status Approved March 23, 2021, by City Council
Policy Policy Summary Implementation Discussion Implementation Progress Number Status
The City shall work with the appropriate Water Management Ongoing Policy City is a part of the Monterey Peninsula Water Management District and the C/OS-11 District to encourage water conservation, retrofitting, MCWD; the City implements water conservation projects in collaboration with education, reclamation and reuse. the Water Management District and MCWD.
C/OS-12 Water usage and conservation of water will be considered as Ongoing Policy The City Council and Planning Commission consider this policy when approving part of all land use decisions. all new development projects.
The City will encourage the improvement of air quality in Del Ongoing Policy Under each project subject to CEQA, air quality modeling is required, and it is Rey Oaks and in the region by implementing the measures documented how these projects are consistent with Air Quality Management described in the Monterey Bay Air Quality Management Plan. Plans and policies.
C/OS-13 Such measures include, but are not limited to, measures to reduce dependence on the automobile and encourage the
use of alternate modes of transportation such as buses, bicycling and walking.
The City will study the opportunities for the preservation of Ongoing Policy Stonehouse has been preserved as a part of Tarpy's Roadhouse winery. City C/OS-14 the Stonehouse building located adjacent to Highway 218 may also pursue consideration of historic designation for preservation. and Highway 68.
If development of a site uncovers cultural resources, the Ongoing Policy Under each project subject to CEQA, cultural resources are considered, new recommendations of Appendix K, of the Guidelines for development is subject to policies specific to Appendix K.
C/05-15 Implementation of the California Environmental Quality Act shall be followed for identification, documentation and preservation of the resource.
The City shall document and record data or information Ongoing Policy Under CEQA all new development projects are required to assess impacts to relevant to prehistoric and historic cultural resources which prehistoric and historic cultural resources, in addition projects are required to may be impacted by proposed development. The consult with local Native American tribes.
C/OS-16 accumulation of such data shall act as a tool to assist decision-makers in determinations of the potential
development effects to prehistoric and historic resources located within the City.
Noise
Strong, Proposal or resenting the use of high noise Ongoing Policy. Needs Update The City works with the airport at the elected, staff, and citizen levels to N-1 emitting aircraft; ensure residents are protected from operational noise created by the airport. b. State and Federal regulations to quiet jet engines; Runway 6-24 has been closed for safety and noise abatement purposes. c. Reduction in flight frequency, particularly in the
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Policy Implementation
Policy Summary Status
Number
most noise sensitive time periods;
d. Maintenance of restrictions on nighttime flights;
e. Use of approach and departure flight paths that
minimize noise over residential areas of the City;
Use of the natural terrain, buildings and landscape
buffers to shield noise emitted to residential areas;
g. Runway 6-24 should not be used due to noise and
safety impacts of nearby residents.
The City shall encourage the Airport District to continue to Ongoing Policy The City reviews airport operations and policies; the City is investigating install a noise monitoring system that will provide whether the airport has a noise monitoring system. The City will continue to N-2 information for setting local noise standards and provide a work with the Airport to address citizens' concerns for noise attenuation. means of evaluating the effectiveness of noise abatement strategies.
Emphasis shall be placed upon the reduction of noise Ongoing Policy Under CEQA all new development projects are required to assess impacts to through administrative and physical techniques, such as noise and if significant it is required to identify mitigation measures for these cluster zoning, Building Code regulations (soundproofing, impacts, these mitigation measures can be those outlined in this policy.
N-3 acoustical construction techniques), Health Code regulations, City Planning Commission review (acoustical architectural design, acoustical site planning, berms, and landscaping buffers) and Environmental Impact Reporting.
Noise/land use compatibility shall be considered impacted if Ongoing Policy Noise and land/use compatibility is considered when approving new exposed to noise levels on the exterior of a building that development.
N-4
exceeds 65 dB, and on the interior of a building exceeds 45 Any future improvements to Canyon Del Rey must include Ongoing Policy No new development has occurred or is proposed to Canyon del Rey; however, noise attenuation measures to ensure that resultant indoor as road improvements are planned, they would have to include attenuation N-5 and outdoor noise levels are within recommended measures as stated in this policy. acceptable levels for residential land use.
The City will work with the Monterey Peninsula Airport Ongoing Policy The City works with the airport at the elected, staff and citizen levels to ensure District to minimize the noise impacts of the proposed noise attenuation measures are met. Additionally, the small size of the airport N-6 limits the size of aircraft capable of landing and taking off. increase in airport operations and changes in different types of aircraft will not be supported by the City.
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General Plan Implementation Progress Report APR approved by City Council, March 23, 2021 City of Del Rey Oaks
2020 Housing Element Annual Progress Report (APR
Policy Implementation Status provided in attached HE APR Chart City of Del Rey Oaks Page 13
General Plan Implementation Progress Report APR approved by City Council, March 23, 2021 Housing Programs Progress Report
Attachment March 4, 2022 11:13:56 AM
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
CCR Title 25 §6202)
Jurisdiction Del Rey Oaks
Reporting Year 2021 (Jan. 1- Dec. 31)
Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe in HE Status of Program Implementation The City shall accommodate the City's 5th The City is upaating the 2019 Housing Element. This update that will identify sites to Program A.1 Accommodate accommodate the RHNA. The 2019 site inventory identifies available sites to meet the City's RHNA Planning cycle RHNA and 4th cycle 4th quarter 2021 the RHNA. shortfall carryover.
The City shall continue to comply with the The legislation requires a local govemment to approve, within stalutory timellnes, a Program A.2 Develop requirements of state law AB 2162
supportive housing development that complies with specified criteria. The City will written process for (Chapter 753, statutes of 2018) and will By the end of 2022 continued compliance with develop a written process to adhere to the address AB 2162 compliance, including State required updates to the zoning AB 2162 statutory requirements in accordance with rdinance as part of the Housing Element update. This will include provisio state law. elated to emergency shelters. The City adopted an ADU ordinance in 202 The City will adopt an Inclusionary and
Program B.1 Develop Affordable Housing Ordinance that will Inclusionary and Affordable require new residential development or By the end of 2021 he Inclusionary and Affordable Housing Ordinance will be considered by City a Housing Requirements redevelopment in the City to meet the insulting planning staff as part of the upcoming Housing Element updat City's RHNA requirements as identified in
the AMBAG RHNA.
Actively seek funding opportunities to
increase the supply of affordable housing
for lower income households, analyze
sites owned by the City to Identify those
unar could be suntable to support
affordable housing. Seek to leverage
Program B.2 Facilitate un8se funds wi tederal, state, and Ongoing work with Affordable Housing for All County HOME funds to increase the developers; report on This program is an ongoing action; due.to the City limited staffing and COVIl Income Levels amount of affordable housing on housing funding annually to City sues in 2020 and 2021, only minor progress has been made on this ten strategy sites. Work with developers of Council
housing strategy sites and non-profit
developers to identify opportunities to
increase the percentage of affordable
housing by encouraging developers to
apply tor availabic tunas and ullize oter
creative mechanisms.
The City, working with the Housing
Authority of Monterey County (HAMC),
shall provide information and incentives to
property owners to encourage them to
Program B.3 Utilize Section sign Section 8 agreements with the The timeframe for this Program begins in 2022. The City did not implement this HAMC. The number of applicalions First full active year 2022 8 Housing Choice Vouchers Program in 2021.
received will depend upon how many
property owners apply for Section 8
agreements with the HAMC and City. This
program could provide rental assistance
to at least two or three renters per year.
Program B.4 Preferential The City is updating its Housing Element. This update will consider an ordinance to Adopt a Preferential Housing Ordinance End of 2021 allow for all newly constructed inclusionary dwelling units for below-market-rate Housing for Del Rey Oaks
Residents and Workers income, moderate-income, and lower-income households to be offered to Del Rey Oaks residents and workers on a preferential basis.
Program B.6 Develop a Adopt a City Density Bonus Ordinance Density Bonus Ordinance onsistent with Government Code and End of 2022 This will be considered as part of the Housing Element update.
Consistent with State law State Density Bonus Law
City continues to research available funds Anticipated to start seeking to assist in the construction of affordable e City has filed and received LEAP and REAP grants in 2020 during the Program B.6 Facilitati units (and accessory dwelling units) to funding opportunitles cle Planning period. The City will continue to pursue SB2 Grant funding :
Affordable Rental Unit beginning 2020 and running
low-income and very low-income other available funding. households annually. Into 2021
Program C.1 Support efforts
of public and private groups
providing housing for the
elderly and disabled,
including assistance with Review, and as needed, revise the City he City implemented SB35 to faciltate the development of 5 ADUs In 2021. Tr obtaining permits and fees and, where apprpriate, revise the Zoning Ordinance to meet the program 2021-2022 ity will continue to provide assistance to permitting housing consistent with Sta permit streaminina law.
consistent with SB 35, or objective.
where appropriate, waiving
City fees or regulatory
requirements.
The City will encourage the construction
Program C.2 Update the of ADUs by providing incentives such as Accessory Dwelling Unit Mid-2021 See above. The City adopted an ADU ordinance in 2021 and will continue to waiver or reduction of development fees
Ordinance to Existing and expedited permit processing for ADU expedite permit processing for ADUs Standards
applications.
Program C.3 Mitigating The City will review Zoning Ordinance amendments to mitigate constraints on By the end of 2021 Constraints
housing.
The City will continue to work with the
Program C.4 Ensure the MPWMD, MCWD, and other appropriate The City staff has been in discussion with MPWMD, MCWD, and AMBAG regarding Availability of an Adequate agencies through meetings and Del Rey Oaks' water supply and RHNA. The City is working with the MPWMD low for 2.0 acre feet year of water allocaled to affordable units, subiect to Stat Water Supply to Serve the consumauon to seek securement of By the end of 2021 approval due to the existing water moratorium and State Cease and Desist Order.
Long-Term Housing Needs sufficient water resources to meet the of the City expected needs of projected housing The City conducted a public hearing with MPWMD and MCWD on water availability for housing development
development.
Program D.1 Promote Fair Provide Fair housing education materials Housing by Providing at City Hall in English and Spanish, post The City is researching Fair Housing resources in English and Spanish to Educational and Referral information on the City website and Ongoing accommodate all the community members. The City commits to provide housing Materials provide information in City newsletter resources Information in both English and Spanish. annually.
The City will aim to update the Zoning
Program D.2 Provide Ordinance by the end of 2022. It will aim Zoning Ordinance by 2021.
Opportunity for and to identify at least one residential project Encourage the by 2024 that is targeted for seniors and/or Special Needs Group persons with mobility impairments. The residential development by Lore one are en an houng open upta i detes res, orig Development of Adequate
Housing for the City's City will monitor these programs through 2024. Annual Reporting by Special Needs Groups annual reports to the City Council, with the first annual report by the end of 2022.
Review zoning code and report to City
Program D.3 Special Needs Council on needed updates to address Housing for Disabled State law by end of 2021. Amendments to By 2021 Housing Element i be agod byet end using Element. Tho upcated Persons Zoning Code and the updated Housing
Element shall be adopted by end of 2021.
Amend the City Zoning Ordinance to
Program D.4 Support Include provisions for
Programs to Reduce emergency shelters as needed within one By the end of 2021 a city are i e or the no asing Elemen. The updated Homelessness year of housing element
adoption.
Program D.5 Develop The City shall continue to comply with the written process for requirements of AB 101 and develop a AB 101 compliance by the Written compliance process to be completed by 2022. This program is an ongoing when compliance process to adhere to
continued compliance with and of 2022 action.
the statutory requirements in accordance
Win See
The City will investigate available low-
interest loans, subsidies, and grants from
federal and State agencies to provide
rehabilitation funds. As funding becomes bject to federal funding the Clty will look to assist an average of one to t avallable, the City shall provide grants
Program E.1 Assist in and/or low interest, deferred, and/or Assist two households by useholds (ranging from single-family, multi-family, and mobile homes), depende Rehabilitating Housing the end of 2023 on need. The City is continuing to investigate available low-interest loans. forgivable loans for building code subsidies, and grants from federal and State agencies violations, health and safety issues,
essential repairs, upgrades of major
component systems, and modifications to
accommodate disabilities.
The City will continue to perform code
enforement for areas or homes with
Program E.2 Continue Code building code violations posing life and/or safety risks to occupants and/or Ongoing hen code violations are cited, enforcement officers will provide a list of poter Enforcement ding sources to homeowners. No timeline as this is an ongoing act significant property maintenance concerns
and ensure that such violations are
adequately abated.
Information detailing energy conservation
programs shall be provided at the City
Hall and shall be included on the City's
Program E.3 Energy website and updated at least once per Conservation and Energy year. Energy conservation programs Annually by December of Tor al ioninues to research alterative energy conservation programs targeted Efficient Opportunities each year
targeted to low-income households shall
be promoted in the City newsletter at least
once per year and available at the City
Hall.
Resolution 2022-08
Resolution of the City Council of the City of Del Rey Oaks, California Approving the 2021 Annual Progress Report on the Implementation of the General Plan Whereas, the State of California requires non-charter cities and counties to have adopted a General Plan to provide guidance and direction for develop activities; and, Whereas, the City of Del Rey Oaks current General Plan was adopted in December 1998, Resolution No. 98-20; and updated in December 2019 with the adoption of the City Housing Element; Whereas, the General Plan contains the seven State-required elements, and one additional element as follows: Land Use Element, Circulation Element, Public Services Element, Parks and Recreation Element, Open Space/Conservation Element, Noise Element, Implementation Element, and Housing Element; and,
Whereas, each element of the General Plan concludes with a set of implementation actions and programs that are intended to carry out a policy and achieve specific objectives; and, Whereas, California Government Code Section 65400(a)(2)(A) requires the City to annually prepare a report regarding the status of the City's general Plan and progress in its implementation (report"); and, Whereas, California Government Code Section 65400(a)(2)(B) requires the City to include in the report the City's progress in meeting its share of regional housing needs; and Whereas, California Government Code Section 65400(a)(2)(C) requires the City to include in the report an assessment of the degree to which the General Plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the General Plan; and, Whereas, California Government Code Section 65400(a)(2) requires the City to submit the report to the Governor's Office of Planning and Research ("OPR") and HCD by April 1 of each year; and Whereas, the Planning Commission conducted a public meeting on the General Plan 2020 Annual Report ("Annual Progress Report") on March 9, 2022; at which time all interested persons were given an opportunity to be heard; and
Whereas, the Planning Commission and City Council considered the entire administrative record, including the staff reports, the contents of the Annual Report, a copy of which is attached hereto as Exhibit 1, and oral and written testimony from interested persons.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF DEL REY OAKS AS FOLLOWS:
SECTION 1. That the City of Del Rey Oaks has completed the 2020 Annual Report as required by California Government Code section 65400.
SECTION 2. That the 2021 Annual Report provided is found to be consistent with the suggested content by the State Guidelines and is hereby accepted.
SECTION 3. That Denise Duffy and Associates, on behalf of the City as the City's Planning Consultant, is hereby authorized and directed to submit the 2021 Annual Progress Report to the Governor's Office of Planning and Research (OPR) and HCD.
APPROVED AND ADOPTED by the City Council of the City of Del Rey Oaks at a regular meeting held on the 22nd day of March 2022.
Ayes: Council Members:
Noes: Council Members:
Absent: Council Members:
City of Del Rey Oaks, California
Alison Kerr, Mayor
Attest:
John Guertin, City Clerk
City of Del Rey Oaks
OR DEL REY
CITY OF DEL REY OAKS
650 CANYON DEL REY RD. O DEL REY OAKS, CALIFORNIA 93940, PHONE (831) 394-8511 0 FAX (831) 394-6421
ICORPORATED 198%
Date: March 22, 2022
TO: Honorable Mayor and City Council Members
FROM: John Guertin, City Manager
SUBJECT: Consider Payroll Period Date Changes
CEQA: This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378 as it is an organizational activity of the City that will not result in direct or indirect physical changes in the environment.
Recommendation
Recommend approval of change to pay periods from semi-monthly to biweekly.
Background
The City has paid it employees on a semi-monthly basis on the 15" and 31s' of each month for as long as anyone can remember. Most agencies now pay bi-weekly, making all paychecks very consistent. When an employee is paid semi-monthly paychecks can vary depending on how many hours an employee works during the semi-monthly pay period.
Summary & Discussion
The City is transitioning from a semi-monthly payroll with 24 pay periods a year to a bi-weekly payroll with 26 pay periods a year. The anticipated start date is April 15. March 31, will be the last semi-monthly paycheck.
On Friday, April 15' employees will receive the first bi-weekly paycheck for hours worked from March 26th - April 8thth. The timing makes for a very smooth transition from semi-monthly to bi- weekly.
As shown in the attached Bi-Weekly Payroll Schedule, on September 30", employees will receive a third paycheck for the month. Twice a year there will be an extra paycheck during the month.
Fiscal Impacts
None. Employee will stil get paid for their hours worked, but on a different schedule.
Recommended Action
Approve Bi-Weekly payroll change.
ATTACHMENTS:
Bi-Weekly Payroll Schedule
Respectfully submitted,
John Guertin
City Manager
BI-WEEKLY PAYROLL SCHEDULE
YEAR
WEEK START SUNDAY
SHOW HOLIDAYS
2022
SHOW OBSERVED
ANNUAL VIEW
JANUARY FEBRUARY MARCH APRIL
26 27 28 29 30 31 1 30 31 1 2 3 Ln 27 28 1 27 28 29 30
6 7 8 00 10 11 12 78 10 11 12
10 11 12 13 14 15 13 14 15 16 17 18 19 13 14 15 16 17 18 19 10 11 12 13 14 15 16 17 18 19 20 21 22 20 21 22 23 24 25 26 20 21 22 23 24 25 26 17 18 19 20 21 22 23 24 25 26 28 29 27 28 - 27 28 29 30 24 25 26 27 28
30 DO 11 -
MAY JUNE JULY AUGUST
- 30 31 - m 26 27 - - m
13 ~ a
10 11 12 14 00 10 11 00 10 11 12 13
15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 12 14 15 = 16 17 18 19 23 24 25 26 27 28 19 21 23 24 25 17 19 21 22 23 21 N 26 27 29 30 26 27 28 29 30 - 24 25 26 29 30 28 29 30 N
10 11 N in 10
SEPTEMBER OCTOBER NOVEMBER DECEMBER
28 29 30 31 - 25 26 27 28 29 - 30 31 N 27 28 29 30 -
10 10 11 12 00 10
11 12 13 14 15 16 17 10 11 12 13 14 15 13 14 15 16 17 18 19 12 13 14 15 16 17 18 19 20 22 23 24 16 17 18 19 20 21 22 20 24 25 26 18 19 21 22 23 24 26 27 28 29 30 23 24 25 26 27 28 29 27 28 29 25 26 28 29 30 31 No. m 9
30 CITY OF DEL REY OAKS
650 CANYON DEL REY BLVD, DEL REY OAKS, CALIFORNIA 93940 PHONE (831) 394-8511 FAX (831) 394-6421
DATE: March 22, 2022
TO: Honorable Mayor and City Council
FROM: John Guertin, City Manager
Consider Authorizing Mayor Kerr to Participate in Taking Part in the National SUBJECT: Wildlife Federation's Mayor's Monarch Pledge on Behalf of the City of Del Rey This action does not constitute a "project" as defined by the California CEQA:
Environmental Quality Act (CEQA) guidelines section 15378 as it is an organizational activity of the City that will not result in direct or indirect physicalchanges in the environment.
Recommendation
It is recommended that the City Council consider approving the City's participation in the National Wildlife Federation's Mayor's Monarch Pledge.
Discussion
The National Wildlife Federation is seeking participation of Mayors and other heads of local and tribal governments to help save the monarch butterily, an iconic species whose eastern populations have declined by 90% and western populations by 99% in recent years. Through the National Wildlife Federation's Mayors' Monarch Pledge, U.S. cities, municipalities, and other communities are committing to create habitat for the monarch butterfly and pollinators, and to educate residents The Mayor of the City of Pacific Grove has participated in this program for the last two years.
Fiscal Impacts
There are no financial impacts associated with this program.
Attachments
Sample Pledge
Respectfully submitted,
John Guertin
City Manager
FEDER MAYORS
MONARCH
NAT PLEDGE
61(01
Mayors' Monarch Pledge Survey
Open Pledge Period: December 1 - March 31
Thanks for your interest in taking the National Wildlife Federation Mayors' Monarch Pledge this year. Only mayors and heads of local and tribal government (or their staff designees) may fill out this pledge form. Please note: the survey will not save and will need to be completed in one sitting.
Information from this form will be used to create a public community profile page to showcase your mayor's progress and efforts in the program.
Please be sure to read the pledge language and FAQ before taking the pledge. If you have any questions, you can email us at [email protected].
Mayor's Basic Information
If you are not a "mayor," or the head of local or tribal government, please enter your name and appropriate title here.
Title
First Name
Last Name
Email Address
1 Community Name
If your community doesn't have an official name, consider using the following formats:
Town of Herndon, City of Fairfax, etc.
City
State
Mayor's Mailing Address
Address Line 1
Address Line 2
City
State
Zip Code
2 Staff Point of Contact Information
Please provide your professional title in the space below.
Please note that the Staff Point of Contact you entered below will be the default user for your community profile. Please make sure you enter a valid email address.
Title
First Name
Last Name
Email
Note: This email address is your log in account.
Phone Number
Pledge Summary
Please type a description of your community, your community's efforts and/or interest in community s proie page, but lan be upated and edited after this surily is sularited see Example Description: Exampleville is a city in central Virginia with a population of roughly 50,000. The city is nestled in the Green Ridge Mountains and is home to the beautiful Exampleville Regional Park and many community gardens. Mayor Smith of Exampleville, VA has committed to saving the monarch butterfly and other pollinators with their signing of the Mayors' Monarch Pledge and looks forward to engaging residents in building more pollinator habitat throughout the city.
3 Action Item Selections
a chen, you he veront least at least must on takes from this listich you minspat on Gardens" section.
Communications and Convening
• Issue a Proclamation to raise awareness about the decline of the monarch butterfly and the species' need for habitat.
Example Activities:
Issue a Monarch Day Pledge
2. Incorporate monarchs into your Earth Day, Pollinator Week or other proclamation
• Launch or maintain a public communication effort to encourage residents to plant monarch gardens at their homes or in their neighborhoods. (If you have community members who speak a language other than English, we encourage you to alsó communicate in that language; Champion Pledges must communicate in that language.)
• Engage with community garden groups and urge them to plant native milkweeds and nectar-producing plants.
• Engage with city parks and recreation, public works, sustainability, and other elevant staff to identify opportunities to revise and maintain mowing rograms and milkweed / native nectar plant planting programs • Engage with gardening leaders and partners (e.g., Master Naturalists, Master Gardeners, Nature Centers, Native Plant Society Chapters) to support monarch butterfly conservation.
Example Activities:
Develop community gardens with local gardening leaders
Host programming and other activities with Nature Centers
3. Coordinate and collaborate with local gardening groups at schools, colleges, and universities
Engage with Homeowners Associations (HOAS), Community Associations or neighborhood organizations to identify opportunities to plant monarch gardens and revise maintenance and mowing programs.
• Engage with developers, planners, and landscape architects to identify opportunities to create monarch habitat.
4 • Create a community-driven educational conservation strategy that focuses on and benefits local, underserved residents.
Example Activities:
1. Conduct outreach and support habitat / green space improvements in underserved communities.
2. Develop brochures in different languages
• Create a community art project to enhance and promote monarch and pollinator conservation as well as cultural awareness and recognition.
Example Activities:
1. Host photo contests
2. Commission mura s
Create and show films and documentaries
Support public art installations
Collaborate with local artists, including school, college, and university art departments to create community-wide art
Program and Demonstration Gardens
• Host or support a native seed or plant sale, giveaway or swap. • Facilitate or support a milkweed seed collection and propagation effort.
Plant or maintain a monarch and pollinator-friendly demonstration garden at City Hall or another prominent community location.
• Convert abandoned lots to monarch habitat.
• Plant milkweed and pollinator-friendly native nectar plants in medians and public rights-of-way.
• Launch or maintain an outdoor education program in school gardens that builds awareness and creates habitat by engaging students, teachers, and the community in planting native milkweed and pollinator-friendly native nectar plants (i:e., National Wildlife Federation's Eco-Schools USA Schoolyard Habitats program and Monarch Mission curriculum).
Example Activities:
1. Eco-Schools USA Schoolyard Habitats
2. PK-12 Monarch Mission Curriculum (English and Spanish)
3. National Wildlife Federation Campus Pollinator Pledge 5 • Earn or maintain recognition for being a wildlife-friendly city by participating in other wildlife and habitat conservation efforts (i.e., National Wildlife Federation's Community Wildlife Habitat program).
Example Activities:
1. Join the Community Wildlife Habitat
• Host or support a monarch neighborhood challenge to engage neighborhoods and homeowners' associations within the community to increase awareness and/or create habitat for the monarch butterfly.
Example Activities:
1. Host photo challenges
2. Create property certification challenges
3. Collaborate with schools, universities, and colleges to host joint awareness and habitat creation challenges
• Initiate or support community science (or citizen science) efforts that help monitor monarch migration and health.
Example Activities:
1. Citizen Science Opportunities (Monarch Joint Venture)
2. NWF's Monarch Stewards Program Certification
3. Engage with local colleges and universities science departments to host community-wide opportunities
• Add or maintain native milkweed and nectar producing plants in public community gardens.
• Launch, expand, or continue an invasive species removal program that will support the re-establishment of native habitats for monarch butterflies and other pollinators.
• Host or support a city monarch butterfly festival to promote monarch and pollinator conservation, as well as cultural awareness and recognition • Display educational signage at monarch gardens and pollinator habitat beyond monarch demonstration gardens.
Example Activities:
1. Neighborhood Garden Signs (Victory Garden of Tomorrow) Create plant labels or interpretive language for community gardens, park. rairie habitat, rights-of-way, et
6 Systems Change
Please select the actions that you will begin to work on this year, are in progress, or have already been completed.
• Remove milkweed from the list of noxious plants in city weed / landscaping ordinances (if applicable).
• Change weed or mowing ordinances to allow for native prairie and plant habitats.
• Increase the percentage of native plants, shrubs and trees that must be used in city landscaping ordinances and encourage use of milkweed, where appropriate.
• Direct city property managers to consider the use of native milkweed and nectar plants at city properties, where appropriate.
| Integrate monarch butterfly conservation into the city's Park Master Plan, Sustainability Plan, Climate Resiliency Plan or other city plans. • Change ordinances so pesticide, herbicide, insecticide or other chemicals used in the community are not harmful to pollinators.
Example Activities:
Work with local school districts to eliminate or minimize the use of pesticides, herbicides, and insecticides on school properties
2. Adopt Integrated Pest Management (IPM) practices
• Adopt ordinances that support reducing light pollution. • California Specific: Pass a resolution to protect over-wintering monarch butterfly habitat on public and private lands.
Questions or Comments
Do you have any questions or comments?
7 CITY OF DEL REY OAKS
650 CANYON DEL REY BLVD, DEL REY OAKS, CALIFORNIA 93940 PHONE (831) 394-8511 FAX (831) 394-6421
DATE: March 22, 2022
TO: Honorable Mayor and City Council
FROM: John Guertin, City Manager
Authorize the City Manager to Sign Agreements with the Transportation SUBJECT: Agency for Monterey County to Procure Professional Services for Pavement Management Program Update Service
This action does not constitute a "project" as defined by the California CEQA: Environmental Quality Act (CEQA) guidelines section 15378 as it is an organizational activity of the City that will not result in direct or indirect physicalchanges in the environment.
Recommendation
It is recommended that the City Council authorize the City Manager to sign agreements with the Transportation Agency for Monterey County to procure professional services for the Pavement Management Program update.
Background
It is a requirement of Measure X that each local agency is required to have a Pavement Management Program to receive maintenance funding. After establishing a baseline pavement condition, which was completed in 2019, jurisdictions are required to re-inspect pavement conditions of collector and arterial roads every three years. TAMC has proposed coordinating a joint procurement for Pavement Management Program Update services for those agencies that are in need of these services and elect to participate in this joint procurement effort.
At their January 26, 2022, meeting, the TAMC Board authorized staff to:
1. Enter into reimbursement agreements with local agencies for TAMC to procure professional and technical services for Pavement Management Program Update services,
2. Release of a Request for Proposals for consultant services for a pavement management program update to assess pavement conditions of collector and arterial road as well as additional pavement management program services.
Discussion
Staff is recommending that the City participate in the joint procurement by TAMC for Pavement Management Program Update 2022 Services. Authorizing the City Manager to sign the Funding Agreement confirms the City's intent to participate in the joint procurement and to contribute its proportionate share of costs.
TAMC has requested that the participating agencies provide a signed original to TAMC by Monday, March 28, 2022. The estimated cost for the City of Del Rey Oaks is $2,632. A final cost breakdown by task and agency will be prepared before execution of the contract resulting from the RFP.
Fiscal Impacts
Sufficient funds have been allocated in the FY 2021-22 Adopted Budget for this agreement.
Attachments
PMP Funding Agreement
Estimated Cost Distribution Worksheet
PMP Project RFP
Respectfully submitted,
John Guertin
City Manager
DRAFT
MEASURE X
PAVEMENT MANAGEMENT PROGRAM UPDATE 2022 FUNDING AGREEMENT between the
TRANSPORTATION AGENCY FOR MONTEREY COUNTY
AND
[INSERT RECIPIENT]
This Pavement Management Program Update 2022 Funding Agreement (AGREEMENT") is effective as of the last date opposite the respective signatures below, and is entered into by and between the Transportation Agency for Monterey County ("TAMC") and the insert recipient] ("RECIPIENT").
RECITALS
1. On November 8, 2016, the voters of Monterey County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq. (the "Act"), approved Measure X (TAMC Ordinance No. 2016-01) on the Monterey County Ballot, thereby authorizing TAMC to impose and administer the proceeds from a three-eighths cent transaction and use tax ("Measure X").
2. The duration of the Measure X sales tax will be 30 years from the initial year of collection, which will begin April 1, 2017, with said tax to terminate/expire on March 31, 2047. The tax proceeds will be used to pay for the programs and projects outlined in TAMC's Transportation Safety and Investment Plan (the "Measure X Investment Plan"), as it may be amended.
3. On [effective date], RECIPIENT entered into a Master Programs Funding Agreement ("Master Agreement") setting forth the mutual obligations and rights of TAMC and RECIPIENT with respect to the allocation of Measure X funds.
4. One of RECIPIENTS obligations under the Master Agreement is to reinspect pavement conditions every three years for arterials and collectors and every six years for residential streets and local/rural roads unless otherwise approved by TAMC.
5. On [effective date], RECIPIENT entered into a Pavement Management Program Funding Agreement setting forth the mutual obligations and rights of TAMC and RECIPIENT with respect to providing services for all entities participating in a regional pavement management program system. TAMC, after consultation with RECIPIENT, selected the proprietary software known as "Street Saver" developed by the Metropolitan Transportation Commission (MTC), to be used for the regional pavement management program, and arranged with MTC to obtain services through a joint procurement with participating entities.
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NOW, THEREFORE, in consideration of the mutual promises and undertakings herein made and the mutual benefits to be derived therefrom, the parties hereto represent, covenant and agree as follows:
Section I
Pavement Management Program Update 2022
1. TAMC, at its expense, shall issue a Request for Proposals (RFP) for such services to be provided to all entities participating in the Pavement Management Program Update 2022, in consultation with RECIPIENT and others, in order to achieve efficiencies of scale in such services. The RFP will request that any response include a breakdown of costs, by both task and participant.
2. TAMC shall consult with RECIPIENT in the selection of a consultant in response to such RFP, and RECIPIENT shall have the discretion to accept the selected consultant or not.
3. If RECIPIENT does not accept the selected consultant, RECIPIENT shall be obligated to provide or otherwise obtain such services as referenced in Section I, Paragraph 1, above.
4. If RECIPIENT accepts the selected consultant, RECIPIENT shall reimburse TAMC for its share of consultant costs, as will be delineated in the agreement between TAMC and the selected consultant. Such reimbursement shall be made within thirty (30) days of TAMC's presentation to RECIPIENT of an invoice showing approval of and payment for the consultant's services. Prior to TAMC approval of consultant services with respect to RECIPIENT, TAMC shall confer with RECIPIENT.
5. RECIPIENT shall signify its discretion to accept or reject the consultant selected by TAMC by delivering to TAMC an executed version of either (a) a Notice of Rejection, in substantially the form attached hereto as Exhibit B, or (b) a Reimbursement Agreement, in substantially the form attached hereto as Exhibit C.
6. Exhibit D, Pavement Management Program Requirements, of the Measure X Master Program Funding Agreement between TAMC and local jurisdictions is included for reference as Exhibit D.
Section lI
General Provisions
1. Additional Acts and Documents: Each party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as
DRAFT
shall be reasonably requested to carry out the provisions, intent and purpose of this Agreement.
2. Integration: This Agreement represents the entire agreement of the parties with respect to the subject matter thereof. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein.
3. Applicable Law: This Agreement shall be governed by, and constructed and enforced in accordance with, the laws of the State of California.
4. Amendment: This Agreement may not be changed, modified or rescinded except in writing, signed by all parties hereto. Any attempt at oral modification of this Agreement shall be void and of no affect.
5. Notices: Notice required under this AGREEMENT shall be delivered personally by facsimile, or by first-class postage pre-paid mail to RECIPIENT and TAMC at the addresses listed below. Notice shall be deemed effective upon personal delivery or facsimile transmission, or on the third day after deposit with the U.S. Postal Service.
RECIPIENT and TAMC shall give prompt notice of any change of address, including contact name and title. Unless otherwise changed according to these notice provisions, notices shall be addressed as follows:
FOR RECIPIENT: FOR TAMC:
[insert name, title and contact info] Laurie Williamson Senior Engineer
55 B Plaza Circle
Salinas, CA 93901
831.775.4415
[email protected]
6. Waiver: Any waiver of any terms of this AGREEMENT shall be in writing signed by both parties hereto. A waiver of any of the terms and conditions of this Agreement shall not be construed as a waiver of any other terms or conditions in this AGREEMENT.
7. Non-Assignment: Neither party hereto may assign, sell, or otherwise transfer its interest or obligations in this Agreement without the prior written consent of the other party.
8. No Rights in Third Parties: Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any third party, nor is anything in this Agreement intended to relieve or discharge the obligation or
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liability of any third party o any party to this Agreement, nor shall any provision of this Agreement give any third party any right of subrogation or action over or against any party to this Agreement.
9. Headings: The headings in this AGREEMENT are for convenience only and shall not be used to interpret the terms of this AGREEMENT.
10. Construction of Agreement: The parties hereto agree that each party has fully participated in the review and revision of this AGREEMENT and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this AGREEMENT or any amendment to this AGREEMENT.
Section III
Definitions
As used herein, the following terms have the following meanings:
1. Pavement Management Program: A computerized program for the identification and assessment of the quality of pavement within the jurisdiction, including ETC | "Extent of pavement analyzed, Type of recorded pavement distress and Condition of the roadway").
[Signatures on next page]
DRAFT
In Witness Whereof, the parties have executed this AGREEMENT by their duly authorized officers as of the date first written below.
Enter Name (RECIPIENT) Transportation Agency for
Monterey County (TAMC)
By: By:
Name Date Todd A. Muck Date
Title Executive Director
Approved as to Form and Legality: Approved as to Form and Legality:
By: By:
Name Date Katherine Hansen Date
Title TAMC Counsel
DRAFT
EXHIBIT A
ANTICIPATED FAIR SHARE COSTS OF
THE [INSERT RECIPIENT]
DRAFT
EXHIBIT B
SAMPLE NOTICE OF REJECTION
Transportation Agency for Monterey County
Attn: Laurie Williamson
55 B Plaza Circle
Salinas, CA 93901
SUBJECT: Rejection of Consultant for Pavement Management Program Update 2022 Services Dear Ms. Williamson
This will inform you that [RECIPIENT] has chosen not to use the consultant services selected by TAMC pursuant to that Request for Proposals dated [insert date] for Pavement Management Program Update 2022 Services.
In accordance with Section I, Paragraph 3, of the Pavement Management Program Update 2022 Funding Agreement dated [insert date], [RECIPIENT] acknowledges its continuing obligation to meet the Measure X Pavement Management Program requirements, and had arranged to obtain the required services as follows:
[insert description]
Please contact [name] at [phone number] or via email at [email] with any questions.
DRAFT
EXHIBIT C
SAMPLE REIMBURSEMENT AGREEMENT
WHEREAS, [insert name of City or Monterey County] [choose ("CITY" or "COUNTY")] and the Transportation Agency for Monterey County ("TAMC") entered into a Pavement Management Program Update 2022 Funding Agreement ("PMP Update 2022 Funding Agreement") dated - and
WHEREAS, the PMP Update 2022 Funding Agreement provided that TAMC would issue a Request for Proposals for pavement management program update services ("PMP Update 2022 RFP"); and
WHEREAS, the PMP Update 2022 Funding Agreement also provided that [CITY OR COUNTY] would have the discretion to accept or reject the consultant selected by TAMC pursuant to that PMP Update 2022 RFP; and
WHEREAS, the [CITY or COUNTY] has considered the response to the PMP Update 2022 RFP proffered by the consultant selected by TAMC, with respect to [CITY's or COUNTY's] own needs.
NOW, THEREFORE,
1. [CITY or COUNTY] does hereby accept [consultant name] as the provider of services set forth in the PMP Update 2022 RFP on behalf of [CITY or COUNTY].
2. Pursuant to Section I, Paragraph 4, of the PMP Update 2022 Funding Agreement, [CITY or COUNTY] hereby agrees to reimburse TAMC for its share of consultant costs, as delineated in the agreement between TAMC and [consultant name], in an amount not to exceed the amount of Dollars ($ XXXX).
3. Such reimbursement shall be made within thirty (30) days of TAMC's presentation to [CITY or COUNTY] of an invoice showing approval of and payment for the consultant's services. Prior to TAMC approval of consultant services with respect to [CITY or COUNTY], TAMC shall confer with [CITY or COUNTY].
4. Both [CITY or COUNTY] and TAMC acknowledge that this Reimbursement Agreement is implementing a portion of the full PMP Update 2022 Funding Agreement, and the PMP Update 2022 Funding Agreement is hereby acknowledged and incorporate herein. [Signatures on next page]
DRAFT
In Witness Whereof, the parties have executed this AGREEMENT by their duly authorized officers as of the date first written below.
Enter Name Transportation Agency for
(CITY or COUNTY) Monterey County (TAMC)
By: By:
Name Date Todd A. Muck Date
Title Executive Director
Approved as to Form and Legality: Approved as to Form and Legality:
By: By:
Name Date Katherine Hansen Date
Title TAMC Counsel
DRAFT
EXHIBIT D
PAVEMENT MANAGEMENT PROGRAM REQUIREMENTS
The approved ordinance for the Transportation Safety & Investment Plan (Measure X) outlines the requirements for the use of local road maintenance, pothole repair and safety funds. It includes a requirement for each jurisdiction to have a pavement management program. "Each city and the County of Monterey shall develop, or participate in the development of by TAMC, a pavement management program. They shall submit regular reports on the conditions of their streets, to ensure timely repairs and keep the public informed. Development of the pavement management program by TAMC is eligible to be funded out of this program prior to distribution of funds to the cities and the County."
SYSTEM REQUIREMENTS: In order to receive Measure X funds, the cities and the County shall utilize a pavement management program (PMP) and submit regular reports on the conditions of their streets, to ensure timely repairs and keep the public informed. The pavement management program should utilize an approved software-based tool for analyzing pavement conditions and reports findings on rehabilitation/maintenance strategies based on funding levels. The pavement management program used by the jurisdiction must contain, at a minimum, the following features:
• Store the inventory all roadways within a jurisdiction (in a compatible database with other jurisdictions).
• Assess the condition of the roadways (based on seven distresses and three severity levels).
• Provide the current Pavement Condition Index (PCI) for the roadways (as per ASTM D6433).
• Identify all pavement sections needing maintenance, rehabilitation, or replacement. • Calculate budget needs for maintenance, rehabilitation or replacement of deficient pavement sections (for the current year and the next three years at various overall condition levels).
• Develop maintenance strategies for the most cost-effective level of maintenance or repair appropriate at the time of the inspection.
• Generate pavement management program reports (in various formats).
DRAFT
All jurisdictions must implement and maintain an approved Pavement Management Program ("StreetSaver" or equivalent). The "StreetSaver" Pavement Management Program developed by Metropolitan Transportation Commission (MTC) is the most utilized program in the Bay Area and would be an excellent program for this region as well. The use of the "StreetSaver" Pavement Management Program is recommended (but not required) since it would allow good compatibility between local jurisdictions and also provide regional benefits.
Jurisdictions may elect to use an alternative pavement management program provided it meets the above listed minimum requirements and receives written approval from TAMC.
The Agency will assist with the development of an overall pavement management implementation plan for this region with the participation and coordination of all the cities and the county. The Agency recommends the development of a regional system to benefit from a coordinated system. The regional system would be developed collaboratively between local jurisdictions. In order to have a regional database, it is recommended that all agencies utilize a common pavement management program. This would allow compilation of information on a regional basis. It would also create opportunities for interagency coordination and to guide regional transportation investments and planning.
UPDATE REQUIREMENTS: The jurisdictions must complete the following updates:
• Review and update the pavement information for all roads every two years. • Pavement conditions must be re-inspected every three years for arterials and collectors. • Pavement conditions must be re-inspected every six years for residential streets and local/rural roads, unless otherwise approved by TAMC. Pavement condition surveys may be done by either automated or manual inspections and may be done either individually or in conjunction with another agency. A percentage of the network can be scheduled each year so that the entire network is updated on a regular cycle.
REPORT REQUIREMENTS: All jurisdictions shall submit an annual Pavement Management Program Report Letter to TAMC no later than December 31 of each year the Measure X tax is in effect using the approved report letter format. It shall include all the highlighted information and shall be on local agency letterhead (see attached template).
All jurisdictions shall also participate in the biennial pavement needs survey conducted for the California Statewide Local Streets and Roads Needs Assessment and provide the requested roadway data for their jurisdiction.
PAVEMENT MANAGEMENT PROGRAM UPDATE 2022 ESTIMATED COST DISTRIBUTION BY AGENCY February 2, 2022 Agency Cost Share Calculation
% of % of
%of % of
Number Total Residentail Arterial & Number Total Number Arterial & Collector Residential & Local Participating CL miles & Local Collector Participating Cost Participating CL miles CL miles CL miles
Total
Agency 3.1 3.2
Budget Training Agency
Database Pumt Condition: Pumt Condition: Update M&R & Final Report Collector Collector Proj Review & Residential Arterial Decision Analysis Total Arterial & Residential Mgmt & Funding Technical
Update & Local & Local Tree Presentation Support
Scenarios
4.5 3.7 8.2 1.699834% 16.8 1.963764% 25.0 1.86860% 570 1,569 1,476 1 $ 2,600 1 $ 2 Del Rey Oaks 2.3 3.6 5.9 1.223051% 3.7 0.432496% 9.6 0.71754% 570 2,632 Greenfield 1.7 3.2 4.9 1.015755% 30.8 3.600234% 35.7 266836% 570 882 es 4,452 4 King City 9.8 3.9 13.7 2.839967% 17.0 1.987142% 30.7 229464% 3,060 9,096 Marina 21.5 17.3 38.8 8.043118% 36.5 4.266511% 75.3 5.62822% 570 4,725 6,984 2,600 $ 2,600 21,479 6 Pacific Grove 8.6 13.2 21.8 4519071% 44.9 5.248393% 66.7 4.98543%| 570 3,924 16,575 7 Monterey Co 16.5 3726 389.1 80.659204%| 705.8 82.501461% 1,094.9 81.83721% 570 68,706 127,035 2,600 - 7,857 2,600 | 289,406
64.9 417.5 1824 100.000000% 855.5100.000001% 1,337.9 100.00000% 3,990 75,000 141,200 86,832 7,800 10,000 5,200 358,022 Total cost calc check 3,990.00 75,000.00 141,200,00 86,832.00 7,800.00 10.000.00 5,200.00 358.022.00 CL Miles 1,195.2 784,5 21.0
Residential
Participating Participating Participating
1 Estimated costs are based on costs for the initial Pavement Management Program of 2018 by NCE 2 Agency centerline miles are from the Pavement Management Program Update Final Report for each agency prepared by NCE in 2019 2018 cost $ 288,518 difference 81,482
https://tamcmonterey.sharepoint.com/Shared Documents/TAMC NEW/Procurement/Pavement Management Program/01_RFP w Addenda/2022 Pvmt Mgmt Prog Update/01_RFP w Addenda/PMP Update 2022 Fee by Agency calc LAW.xIsx TAMC
TRANSPORTATION AGENCY FOR MONTEREY COUNTY
REQUEST FOR PROPOSALS
DRAFT
THE TRANSPORTATION AGENCY FOR MONTEREY COUNTY (TAMC) INVITES CONSULTANTS TO SUBMIT THEIR PROPOSALS FOR:
PAVEMENT MANAGEMENT PROGRAM UPDATE 2022
You are invited to submit your proposal for the services to complete the above project. Proposals are due via email to the project manager, Laurie Williamson, at [email protected] by 12:00 noon Pacific Daylight Time on Thursday, March 17, 2022.
The Request for Proposals and supplemental information, if any, are available on the TAMC website (www.tamcmonterey.org) in Adobe Acrobat (PDF) format or may be obtained by contacting the project manager specified above or at the TAMC offices located at 55-B Plaza Circle, Salinas, CA 93901.
Transportation Agency for Monterey County • 55-B Plaza Circle • Salinas, California 93901-2902 (831) 775-0903 • www.tamcmonterey.org
TAMC
TRANSPORTATION AGENCY FOR MONTEREY COUNTY
TRANSPORTATION AGENCY FOR MONTEREY COUNTY
DATE: February 23, 2022
TO: Interested Consultants
FROM: Todd A. Muck, Executive Director
SUBJECT: Pavement Management Program Update 2022
INVITATION
You are invited to submit a Proposal for the referenced services.
This request is seeking services that qualify as "Architecture and Engineering" (A&E) services under state law. TAMC will negotiate the project budget after selection of the top ranked consultant. The cost proposal is not requested until the consultants have been final ranked based upon their submitted technical proposal. Upon notification if your firm is selected as the top ranked firm, TAMC will require completion of the appropriate Caltrans cost proposal to initiate budget negotiations.
Please submit one (1) digital copy of your Proposal to the office of the Transportation Agency for Monterey County via email to [email protected] by 12:00 noon PDT on Thursday, March 17, 2022. There is no requirement to submit a paper copy of your proposal. Proposals received after the date and time specified above will not be considered.
Proposals shall be considered firm offers to enter into a contract, as described in this RFP for a period of ninety (90) days from the time of submittal.
Proposals and inquiries relating to this Request for Proposals shall be submitted to:
Laurie Williamson
Project Manager
55 B Plaza Circle, Salinas, CA 93901
[email protected]
Email inquiries, including the submittal of the Proposal, relating to this Request for Proposals should include "Pavement Management Program Update 2022" in the subject header.
RFP Pvmt Mgmt Prog Update 2022 Draft 2022 0112.docx
BACKGROUND
The Transportation Agency for Monterey County ("TAMC" or the "Agency") is a state- designated public agency with regional transportation planning responsibilities, including rail planning, that cross city-county boundaries. TAMC is committed to planning, funding and delivering transportation projects for the region. The Agency is also committed to providing information to the public about its projects, plans and activities, ensuring public participation and fostering public understanding of its functions.
TAMC's Board of Directors includes twenty-three members who consist of local officials from each of its twelve incorporated cities and five county supervisorial districts, and ex-officio members from six public agencies. The mission of TAMC is to proactively fund and plan a transportation system that enhances mobility, safety, access, environmental quality and economic activities by investing in regional transportation projects for Monterey County residents, businesses and visitors.
PROJECT DESCRIPTION
This request for proposals will be used by TAMC to select a consultant or consultant team that possesses expertise in pavement management to provide professional and technical services in developing and implementing a Pavement Management Program (PMP) update for each member agency utilizing StreetSaver Software. The update shall assess pavement conditions of collector and arterial roads for each member agency participating in this procurement as well as additional pavement management program update services as requested by participating agencies. TAMC will be the responsible agency in contracting and administering the agreement.
Attachment A is a draft Scope of Work. A final Scope of Work will be made a part of the professional services agreement between TAMC and the consultant. A copy of the standard TAMC agreement anticipated to be utilized is Attachment B. Any requests to modify the standard contract provisions must be made as part of the request for proposals. A single document will be prepared between the Consultant and TAMC consistent with the provisions of these attachments.
It is important that the consultant have the capability to work closely with Agency staff. The are elaint o to satisfy his remust be prepared to undertake whatever laison and meetings
PROJECT BUDGET
The estimated budget for this work is $370,000 in Measure X funding. There is no federal funding on this project.
RFP Pvmt Mgmt Prog Update 2022 Draft 2022 0112.docx
PROJECT SCHEDULE
This project is anticipated to take approximately six months to complete, starting in May 2022 and being completed by November 2022.
SELECTION PROCESS
TAMC will establish a review committee to review the proposals. This review may be followed by an oral interview between a review committee and the firms) that respond(s) best to the RFP. Based on the recommendations of the review committee, TAMC staff will issue a "Notice of Intent to Award" notice to all responders, indicating staff's intent to negotiate with the specific firm considered to be the most qualified consultant or consultant team.
Staff will then attempt to negotiate a final Scope of Work and a Budget for the project with that firm. The final Scope of Work will include a full description of each task, a description of deliverable products, and a schedule of the due dates for the deliverable products and other important milestones. The Budget shall include an estimated cost per task and use the appropriate Caltrans cóst proposal format. Upon successful completion of negotiations, the consultants or consultant teams will be recommended to the TAMC Board for final selection and contract approval.
Should the most qualified consultant or consultant team and TAMC fail to successfully negotiate a final scope of work and a mutually agreed upon budget for these consulting services, then TAMC reserves the right to enter negotiations with the next most qualified candidate for performance of the work.
Further, the Agency may, or may not, also negotiate contract terms with selected proposers prior to award, and expressly reserves the right to negotiate with several proposers simultaneously and, thereafter, to award a contract to the proposer offering the most favorable terms to the Agency. Proposals submitted, therefore, should contain the proposers' most favorable terms and conditions, because the selection and award may be made without further discussion with any proposer. The Agency will submit the proposal considered to be the most responsive and competitive to the Board of Directors for consideration and selection. The Agency reserves the right to accept or reject any and all submitted proposals, to waive minor irregularities, and to request additional information or revisions to offers, and to negotiate with any or all proposers at any stage of the evaluation.
RFP Pvmt Mgmt Prog Update 2022 Draft 2022 0112.docx
The evaluations will be based upon the following criteria:
Responsiveness: Does the submitted proposal address the requirements of 10 points
the RFP?
Firm Profile & Project Team: Do the qualifications of key personnel to be assigned to the project coincide with tasks listed in the Scope of Work? Do assigned personnel and sub-consultants have requisite education, 2 experience, and professional qualifications? Does the firm's organizational 20 points structure show sufficient depth for its present workload, and do assigned personnel have sufficient availability for project? Does the firm accept the contract terms as proposed?
Specific Approach: How will the firm, specifically the key personnel assigned to the project, apply its techniques and resources to ensure the project is properly completed? How will key personnel approach problems 15 points when they arise? Has the firm described its ability to achieve specified project delivery goals?
Schedule: Does the firm demonstrate understanding and adequacy of the
4. 15 points
proposed project schedule and deliverables
Relevant Project Experience: Has the firm demonstrated the ability to successfully provide services for projects of a similar complexity and nature 15 points 5 as described herein? Is the firm familiar with roadway systems in the Monterey Bay Area?
Multiple Agency Experience: Does the project team have experience 6 working with multiple local agencies in assessment of roadways within a 15 points region.
References: Are the firm's references from past clients and associates 10 points favorable? Does the firm show financial and operational stability? Total of 100 possible points
QUESTION & ANSWERS, REQUESTS FOR CLARIFICATION OR EXCEPTIONS, ADDENDA This Request for Proposals and any addenda will be posted on the Agency's website (www.tamcmonterey.org). Questions and answers regarding the request for proposals will also be posted on the website. All prospective proposers are responsible for checking the website for any addenda to the Request for Proposals, and the proposal must acknowledge all addenda issued in order to be considered responsive. To receive email notifications of addendums to this Request for Proposals, prospective proposers must submit an email request to the Project Manager.
Any requests for clarification or exceptions to requirements in this Request for Proposals must be received by the Agency no later than 12 noon, PDT, on Friday, March 4, 2022, to guarantee response or consideration. Responses to questions concerning this Request for Proposals posed before this deadline will be posted on the Agency's website (www.tamcmonterey.org).
RFP Pvmt Mgmt Prog Update 2022 Draft 2022 0112.docx
SUBMITTAL REQUIREMENTS/PROPOSAL FORMAT
All interested firms are required to submit one (1) digital copy of their Proposal to perform the requested consulting services. The Proposal must include the names and qualifications of all personnel to be employed on the project. The Proposal should provide a brief description of the firm's experience with projects that relate to this Scope of Work (Attachment A). A list of relevant past clients should be included.
A. Project Team
The Proposal shall clearly identify a Project Manager and include the names and qualifications of all personnel of the proposed team to be assigned to the contract and a chart representing the proposed organizational structure of the team. The Proposal shall demonstrate that the key personnel have the time available to work on the project. The Proposal shall include the estimated number of hours individual personnel will dedicate to the project.
B. Demonstrated Knowledge
The Proposal shall include the assigned project team's demonstrated knowledge of, expertise and experience with providing similar services and completing similar types of contracts.
C. Work Plan
The Proposal shall include the consultant's proposed approach to the development and implementation of the scope of work, broken out by tasks which demonstrate the consultant's knowledge and understanding of the project and the constraints and challenges associated with performing the tasks outlined in the scope of work.
D. Proposed Schedule of Work and Deadlines
The Proposal must include availability of the Project Team to conduct work within the anticipated timeframes.
E. References
The Proposal shall include at least three (3) recent references from past clients for similar types of work.
F. Agreement Modifications:
The proposer shall indicate in the Proposal whether or not they are requesting any modifications to the TAMC Standard Agreement sample.
RFP Pvmt Mgmt Prog Update 2022 Draft 2022 0112.docx
PROPOSED SCHEDULE
Date/ Timeframe Task
Wednesday, January 26, 2022 TAMC Board Approval to release RFP Wednesday, February 23, 2022 Release RFP
Deadline for questions and/or requests for
Friday, March 4, 2022 clarification or exceptions by 12:00 pm noon PDT Thursday, March 17, 2022 Proposals due by 12:00 pm noon PST March 18 - 23, 2022 Review and rank proposals
Friday, March 25, 2022 Hold interviews (if necessary)
Determine top ranked consultant, send Tentative
March 28 - April 1, 2022 Award letter, negotiate contract Wednesday, April 27, 2022 Bring contract to TAMC Board for approval
MISCELLANEOUS
A. Modification or Withdrawal of Submittals
Any Proposals received prior to the date and time specified above for receipt may be withdrawn or modified by written request of the proposer. To be considered, however, the modified Proposal must be received by the time and date specified above.
B. Property Rights
Any Proposals received within the prescribed deadline become the property of TAMC and all rights to the contents therein become those of TAMC.
C. Confidentiality
Before award of the contract, all Proposals will be designated confidential to the extent permitted by the California Public Records Act. After award of the contract (or if not awarded, after rejection of all Proposal), all responses will be regarded as public records and will be subjected to review by the public. Any language purporting to render all or portions of the Proposal confidential will be regarded as non-effective and will be disregarded.
D. Amendments to Request for Qualifications
TAMC reserves the right to amend the Request for Proposals by addendum before the final Proposal submittal date.
E. Non-Commitment of TAMC
This Request for Proposals does not commit TAMC to award a contract, to pay any costs incurred in the preparation of a Proposal for this request, or to procure or contract for services. All products used or developed in the execution of any contract resulting from this Request for Proposals will remain in the public domain at the completion of the contract.
RFP Pvmt Mgmt Prog Update 2022 Draft 2022 0112.docx
F. Conflict of Interest
The prospective consultant shall disclose any financial, business or other relationship with TAMC that may have an impact upon the outcome of this contract or TAMC construction project. The prospective consultant shall also list current clients who may have a financial interest in the outcome of this contract or TAMC projects that will follow. In particular, the prospective consultant shall disclose any financial interest or relationship with any construction company that might submit a bid on TAMC projects.
G. Nondiscrimination
The prospective consultant must certify compliance with nondiscrimination requirements of TAMC pertaining to the development, implementation and maintenance of a nondiscrimination program. The prospective consultant's signature affixed to and dated on the cover letters shall constitute a certification under penalty of perjury under the laws of the State of California that the proposer has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Code of Regulations, Section 8103.
H. Final Selection and Protests
The RFP process is considered concluded when a "Tentative Award" letter is sent to all participating consultants indicating which consultant will be recommended for Board approval. The firm recommended is not a final selection and no contract is certain until approved by TAMC Board of Directors.
Protestants shall submit a detailed written statement of protest to:
Transportation Agency for Monterey County
55-B Plaza Circle
Salinas, CA 93901
no later than five (5) business days after receipt of the Tentative Award letter described above.
QUESTIONS
If you need assistance or have any questions, please email the Project Manager, Laurie Williamson, at [email protected].
Attachments:
A. Scope of Work
B. Sample TAMC Standard Agreement for Professional Services RFP Pymt Mgmt Prog Update 2022 Draft 2022 0112.docx
ATTACHMENT A
SCOPE OF WORK
PAVEMENT MANAGEMENT PROGRAM UPDATE 2022
PROJECT DESCRIPTION:
TAMC is requesting proposals from qualified and interested consultants or consultant teams that possess expertise in pavement management to provide professional and technical services in developing and implementing a Pavement Management Program (PMP) Update for each member agency utilizing StreetSaver software. The update shall assess pavement conditions of collector and arterial roads for each of the seven (7) member agencies participating in this procurement as well as additional tasks outlined in this Scope of Work. A breakdown of roadway centerline miles for each of the participating agencies is listed below.
CENTERLINE MILES
PARTICIPATING
RESIDENTIAL
AGENCY ARTERIAL COLLECTOR TOTAL
/LOCAL
1 Carmel-by-the-Sea 4.5 3.7 16.8 25.0
2 Del Rey Oaks 2.3 3.6 3.7 9.6
3 Greenfield 1.7 3.2 30.8 35.7
4 King City 9.8 3.9 17.0 30.7
5 Marina 21.5 17.3 36.5 75.3
Pacific Grove 8.6 13.2 44.9 66.7
7 Monterey County 16.5 372.6 705.8 1094.9
TOTAL CL MILES 64.9 417.5 855.5 1,337.9
A table showing agency participation in the various Scope of Work tasks is included as Exhibit A.
TAMC will be the responsible agency in contracting and administering the project work.
The selected consultant shall provide each agency a breakdown of costs for items provided by the consultant. Once cost proposals are received from the consultant, each agency will have the opportunity opt in or out of their portion of the proposed program in accordance with their cost sharing agreement with TAMC.
A final Scope of Work will be made a part of the professional services agreement between TAMC and the consultant. A copy of the template agreement anticipated to be used by TAMC is included in Attachment B of the RFP. A single document will be prepared between TAMC and the consultant consistent with the provisions of these attachments.
It is important that the consultant have the capability to work closely with the Transportation Agency staff. The consultant or consultant team must be prepared to undertake whatever liaison and meetings are required to satisfy this requirement.
RFP Pvmt Mgmt Prog Update 2022 Draft 2022 0112.docx
TASKS:
Task 1: Project Management (all participating agencies)
1.1. Project Kick-off Meeting:
Organize and facilitate a kick-off meeting with agencies (six cities and one county) participating in the PMP Update program being implemented by TAMC. Consultant to coordinate meeting, prepare agenda, take meeting minutes and distribute final minutes, including action items.
1.2. Project Meetings:
Organize and facilitate project meetings as needed. Consultant to coordinate meetings, prepare agendas, take meeting minutes and maintain a list of action items. Consultant shall maintain a project schedule with milestones. For the purpose of estimating, assume four (4) project meetings.
1.3. Project Schedule:
Develop and maintain a project schedule (schedule of work), with anticipated milestones, deadlines and completion date.
Task 2: Database Review and Update
Consultant shall review the existing databases and coordinate the collection and review of any newly added street segments, add them to the StreetSaver database and acquire the maintenance and rehabilitation records of existing streets since the initial Pavement Management Program was begun in late 2017 for those agencies participating in this task (see Exhibit A). This includes approximately 1,195 centerline miles of roads within participating agency road networks (Carmel, Marina and Monterey County).
Consultant shall update the StreetSaver database to include, at a minimum, the following metadata:
1. Street Name
2. Street ID
3. Section ID
4. Beginning and end limits
5. Number of lanes
6. Street geometrics, length (ft), width (ft) and area (sf)
7. Surface type
8. Functional classification
9. Year of construction
10. PCI Date, and
11. PC
Consultant shall also segment new streets, if any, based on MTC standard pavement criteria, or as directed by agencies. Should additional metadata fields be recommended by the consultant, they should describe data required for proposed fields and how the consultant would propose collecting the required data.
RFP Pvmt Mgmt Prog Update 2022 Draft 2022 0112.docx
Participating agencies shall provide Consultant maintenance records since late 2017, a listing of new streets, if any, as well as a city map showing current city limits and boundaries.
Consultant shall field verify new streets to determine if the data received is accurate. If the data received appears to be inaccurate or agencies did not provide sufficient data for updating, Consultant shall physically collect the data in the field. For the purpose of estimating, assume 25 centerline miles of new streets.
Task 3: Pavement Condition Surveys
3.1. Pavement Condition Survey of Residential and Local Roadways:
Consultant shall conduct field surveys on all paved residential and local roads within the city and county networks for those agencies participating in this task (see Exhibit A).
This includes approximately 785 centerline miles of residential and local roads within participating agency road networks (Carmel, King City, Pacific Grove and Monterey County).
Pavement condition surveys shall be performed to identify pavement distress in accordance with the Metropolitan Transportation Commission (MTC) Pavement Condition Index Distress Identification Manual (AC 4*h Edition, PCC 3rd Edition, March 2016, unless updated).
The survey information to be collected and/or verified shall include, at a minimum, the following:
1. Street geometric (length, width, section area,
Functional classification
3. Surface type
4. Surface condition
5. Surface distress, and
6. Pavement condition index (PCI).
Eight pavement distresses of flexible pavement to be inspected shall include, but are not limited to:
1. Alligator cracking,
2. Block cracking,
3. Distortions,
4. Longitudinal and transverse cracking,
5. Patching and utility cuts,
6. Rutting and depressions,
7. Weathering, and
8. Raveling
RFP Pvmt Mgmt Prog Update 2022 Draft 2022 0112.docx
Rigid pavements shall include the following seven distresses:
1. Corner break,
2. Divided (shattered) slab,
3. Faulting,
4. Linear cracking,
5. Patching and utility cuts,
6. Scaling/map cracking/crazing, and
7. Spalling
Upon completion of field surveys, consultant shall verify and update all agency's database. The consultant shall confirm with MTC that the roadway data is compatible with the StreetSaver database before it is uploaded into the database.
Consultant shall provide condition information for each paved residential and local street or road with a breakdown by agency.
3.2. Pavement Condition Survey of Arterial and Collector Roadways:
Consultant shall conduct field surveys on all paved arterial and collector streets within the city and county networks for those agencies participating in this task (see Exhibit A).
This includes approximately 482 centerline miles of arterial and collector streets within participating agency road networks (Carmel, Del Rey Oaks, Greenfield, King City, Marina, Pacific Grove and Monterey County).
Pavement condition surveys shall be performed to identify pavement distress in accordance with the Metropolitan Transportation Commission (MC) Pavement Condition Index Distress Identification Manual (AC 4'h Edition, PCC 3rd Edition, March 2016, unless updated).
The survey information to be collected and/or verified shall include, at a minimum, the following:
1. Street geometric (length, width, section area,
2. Functional classification
3. Surface type
4. Surface condition
5. Surface distress, and
6. Pavement condition index (PCI).
Eight pavement distresses of flexible pavement to be inspected shall include, but are not limited to:
1. Alligator cracking,
2. Block cracking,
RFP Pymt Mgmt Prog Update 2022 Draft 2022 0112.docx
3. Distortions,
4. Longitudinal and transverse cracking,
5. Patching and utility cuts,
6. Rutting and depressions,
7. Weathering, and
8. Raveling
Rigid pavements shall include the following seven distresses:
1. Corner break,
2. Divided (shattered) slab,
3. Faulting,
4. Linear cracking,
5. Patching and utility cuts,
6. Scaling/map cracking/crazing, and
7. Spalling
Upon completion of field surveys, consultant shall verify and update all agency's database. The consultant shall confirm with MTC that the roadway data is compatible with the StreetSaver database before it is uploaded into the database.
Consultant shall provide condition information for each paved residential and local street or road with a breakdown by agency.
Task 4: Update Maintenance and Rehabilitation Strategies and Decision Tree Consultant shall review and discuss maintenance and rehabilitation strategies (M&R) with those agencies participating in this task (see Exhibit A). Consultant shall discuss current treatments, the use of new or recommended treatments with associated costs for the region, and any other topics that may benefit M&R decisions.
Consultant shall hold one to two meetings with each agency participating in this task to discuss their Decision Tree, selection of treatment options, new treatments and benefits, associated costs and any other topics that would affect the Decision Tree.
Consultant shall provide a Maintenance and Rehabilitation Decision Tree for each agency.
Task 5: Budget Analysis and Funding Scenarios
Consultant shall perform a budgetary analysis once all data has been entered into the StreetSaver database for those agencies participating in this task (see Exhibit A). The budget analysis shall estimate the amount of funding necessary to address pavement conditions. Consultant shall work with participating agencies in development of budget analysis and funding scenarios. Budget scenarios should be based on funding levels provided by each agency and consider other federal, state and local/regional funding sources.
RFP Pvmt Mgmt Prog Update 2022 Draft 2022 0112.docx
For estimating purposes, assume three (3) scenarios for Marina and four (4) scenarios for Monterey County.
Task 6: Final Reports and Presentations
6.1. Final Reports
Upon completion of the project, the consultant shall prepare a final project report for each agency for a total of seven (7) reports. TAMC and participating agencies shall review reports prior to their being finalized. A total of three copies of each agency report shall be provided by the consultant and distributed as follows: two copies to each agency, one copy to TAMC. In addition, a digital copy of the final report shall be provided to each agency and TAMC.
Final reports shall, at a minimum, document the following based on agency participation in the various tasks:
1. Development and methodology of the PMP Update,
2. Pavement network inventory with PCI,
3. Maintenance and rehabilitation strategies,
4. Budget analysis
5. Recommendations
Final reports shall be done in a format that is compatible with the initial Pavement Management Update Final Report prepared for each agency in late 2019. These reports are available on the TAMC website (https://www.tamcmonterey.org/measure-x).
6.2. -Presentations
Consultant shall prepare a PowerPoint presentation for each final report after the final reports have been completed: The presentation shall be tailored to City Councils, County Boards and management staff. The presentation shall provide a summary of the pavement network (including results of the pavement condition update) and include budget and planning recommendations. TAMC and participating agencies shall review presentation prior to their being finalized. Final presentations shall be provided by the consultant to each agency and TAMC.
Task 7: Training and Technical Support (Optional)
There are three elements to this optional task as follows: 1) a training session on StreetSaver software, 2) on-site training for field condition surveys, and 3) technical and software support.
7.1. StreetSaver Software Training
As a participating agency's option, Consultant shall coordinate and hold one (1) training session with all agencies interested in this task. The software training should include hands-on StreetSaver training. Consultant shall provide for and arrange the logistics of the training and any other items for the training (in-person or virtual depending on RFP Pvmt Mgmt Prog Update 2022 Draft 2022 0112.docx
public health orders related to COVID-19). For planning purposes, two members from each agency may attend.
7.2. On-site Field Training
As a participating agency's option, Consultant shall provide on-site training for a maximum of one (1) day per agency to educate agency staff on how to perform field condition surveys.
7.3. Technical and Software Support
As a participating agency's option, Consultant shall allocate 25 hours/per agency to provide technical and software support. The hours provided may be used to provide one-on-one assistance, customize reports, provide pavement treatment recommendations or other support relating to the PMP Update. Support hours shall be used by the end of the Agreement.
For estimating purposes, proposes should assume that Optional Tasks 6.1, 6.2 and 6.3 are requested by the City of Marina.
Task 8: Agency Costs
8.1. Breakdown of Costs by Agency:
The consultant shall provide each agency a breakdown of costs for items provided by the consultant. Once cost proposals are received from the consultant, each agency will have the opportunity opt in or out of their portion of the proposed program in accordance with their cost sharing agreement with TAMC. The consultant shall prepare a spreadsheet with an individual breakdown of costs for each agency included in this joint procurement for PMP Update services. The breakdown of costs shall include all of the above listed tasks. After reviewing the cost information, each agency will be provided the opportunity to continue participation in the joint procurement. Upon receipt of the cost information each agency wishing to proceed will execute an agreement authorizing TAMC to procure the PMP Update services on their behalf. The final consultant scope of work will be revised accordingly to include only those agencies that have executed authorizing agreements with TAMC. The costs provided for each agency shall be considered as fixed prices and no increases shall be allowed for any reduction in the final scope of services based the number of participating agencies.
Task 9: Fiscal Management
9.1. Invoicing:
Submit complete invoice packages, including backup, to TAMC. All invoice packages shall contain the TAMC invoice cover sheet. Invoicing shall be set up on a monthly or quarterly basis, as determined during formation of the agreement.
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Exhibit A
Agency Participation by Task
Agency Participation by Task
Centerline Miles by Functional Class 1
1 3.1 3.2 4 5 6 7
Agency Pavement Condition Update Budget
Final
Total Database Surveys M&R Analysis
Residential Arterial Collector % of Proj Review & & &
& Local By Total Mgmt Arterial | Technical
Agency Update Residential & Decision Funding
& Local Tree Scenarios Presentation support
Collector
1 Carmel 16.8 4.5 3.7 25.0 1.87% 1 1 1 1 1 1 1 -
2 Del Rey Oaks 3.7 2.3 3.6 9.6 0.72% 1 1 - 1
3 Greenfield 30.8 1.7 3.2 35.7 2.67% 1 1 1
4 King City 17.0 9.8 3.9 30.7 2.29% 1 1 1 1
5 Marina 36.5 21.5 17.3 75.3 5.63% 1 1 - 1 1 1
6 Pacific Grove 44.9 8.6 13.2 66.7 4.99% 1 - 1 1
7 Monterey Co 705.8 16.5 372.6 1,094.9 81.84% 1 1 1 1 1 1 1 1 TOTAL 855.5 64.9 417.5 1,337.9 100.0% 7 4 7 2 7 2
1 Agency centerline miles are from the Pavement Management Program Update Final Reports for each agency prepared by NCE in 2019.
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ATTACHMENT B
SAMPLE TAMC SȚANDARD AGREEMENT
TRANSPORTATION AGENCY FOR MONTEREY COUNTY
AND
AGREEMENT FOR PROFESSIONAL SERVICES
RELATED TO [PROJECT TITLE]
APPROVED BY THE TAMC BOARD ON:
This is an agreement between the Transportation Agency for Monterey County, hereinafter called "TAMC" and [Consultant's Name], a [indicate legal status of entity, e.g., a California corporation, an individual dba ..., a California partnership], [Consultant's address], hereinafter called "Consultant".
The parties agree as follows:
1. Term of Agreement. The term of this Agreement shall begin upon [START DATE], contingent upon approval by the TAMC Board, and Consultant shall commence work only after a Notice to Proceed has been issued by TAMC's Project Manager specified in Paragraph 35. Unless earlier terminated as provided herein, this Agreement shall remain in force until [FINAL DATE - JUNE 30 OR DECEMBER 31]. Consultant acknowledges that this Agreement is not binding until it is fully executed and approved by TAMC.
2. Payments to Consultant; maximum liability. Subject to the limitations set forth herein, TAMC shall pay to Consultant the amounts provided in Exhibit B: Budget, upon receipt and acceptance of deliverables listed therein. Each payment by TAMC shall be for a specific deliverable or services outlined in Exhibit A: Scope of Work and Schedule. The maximum amount payable to the Consultant under this Agreement is set forth in Exhibit B: Budget and shall not exceed the amount of Dollars ($XXXX). If there is any conflict between the terms of this Agreement and the terms of either Exhibit A (Scope of Work and Schedule) or Exhibit B (Budget), the terms of this Agreement shall prevail. TAMC does not guarantee any minimum amount of dollars to be spent under this Agreement.
3. Employment of Consultant. TAMC hereby engages Consultant and Consultant hereby agrees to perform the services set forth in Exhibit A: Scope of Work and Schedule, in conformity with the terms of this Agreement. Consultant will complete all work in accordance with the work schedule set forth in Exhibit A: Scope of Work and Schedule. (a) The project title for this work is as follows:
[PROJECT TITLE]
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(b) Consultant represents that Consultant and its agents, subconsultants and employees performing work hereunder are specially trained, experienced, competent, and appropriately licensed to perform the work and deliver the services required by this Agreement.
(c) Consultant, its agents, subconsultants, and employees, shall perform all work in a safe, skillful, and professional manner and in compliance with all applicable laws and regulations. All work performed under this Agreement that is required by law to be performed or supervised by licensed personnel shall be performed in accordance with such licensing requirements. Consultant shall ensure for itself and for any subconsultants under this Agreement that the applicable requirements of Labor Code section 1725.5, concerning the registration of contractors for public works, shall be in force and maintained for the term of this Agreement.
(d) Consultant shall furnish, at its own expense, all materials and equipment necessary to carry out the terms of this Agreement, except as otherwise provided herein.
Consultant shall not use TAMC premises, property (including equipment, instruments, or supplies) or personnel for any purpose other than in the performance of its obligations hereunder.
(e) Consultant's project manager shall be specified in Exhibit A. If Consultant desires to change the project manager, Consultant shall get written approval from the TAMC Executive Director of the new project manager.
(f) Consultant shall submit progress reports at least once a month. The report should be sufficiently detailed for the TAMC Project Manager: to determine if Consultant is performing to expectations and if the work is on schedule; to communicate interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
(g) Consultant's Project Manager shall meet with TAMC's Project Manager, as needed, to discuss progress on the contract.
4. Payment Provisions and Allowable Costs:
(a) The following Standard Payment Provisions apply to all contracts, regardless of the Method of Payment specified in Paragraph (b):
i. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement.
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ii. Reimbursement for travel costs, if eligible under the Method of Payment as specified below, shall not exceed the Short-Term Travel Lodging Rates and Requirements listed on the Caltrans website, according to the Code of Regulations (CCR), Administrative Code, Title 2.
li. When milestone or task-by-task cost estimates are included in the Budget, Consultant shall seek approval from the TAMC Project Manager prior to any adjustment to compensation across work tasks. If TAMC determines that a change to the Scope of Work and Schedule is required, such changes shall be approved and documented in writing by the TAMC Project Manager. iv. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. If Consultant fails to submit the required deliverable items according to the schedule set forth in Exhibit A:
Scope of Work and Schedule (or task order, as applicable), TAMC shall have the right to delay payment or terminate this Agreement in accordance with the provisions of Paragraph 6, Termination.
v. Invoices shall be mailed to TAMC's Finance Officer, specified in Paragraph 35,at the address contained in Paragraph 36 (Notices). Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone or task. Invoices shall follow the format stipulated in Exhibit B:
Budget and the Invoice Cover Sheet Format attached hereto as Exhibit Cand shall reference this Agreement's project title as specified in Section 3, and the Task Order title, if applicable. Consultant will be reimbursed as promptly as fiscal procedures will permit, upon receipt by TAMC's Finance Officer of itemized invoices.
vi. The final invoice must contain the final cost and all credits due TAMC including any equipment purchased under the provisions of Paragraph 27 (Equipment Purchase) of this Agreement and shall be submitted within 60 calendar days after completion of Consultant's work under this agreement, or a given Task Order, as applicable.
vii. No additional compensation will be paid to Consultant unless there is a change in the scope of the work. Changes in the scope of work that do not increase compensation may be approved by the TAMC Project Manager.
Changes in the scope of work that would increase compensation must be authorized by an amendment to this Agreement approved by the TAMC Board of Directors.
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viii. Salary increases will be reimbursable only for Actual Cost Plus Fixed Fee or Rates of Compensation contracts and only if the increase is specified in Exhibit B: Budget. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. ix. The total amount payable by TAMC resulting from this Agreement shall not exceed the amount specified in Section 2 of this Agreement. x. All subcontracts in excess of $25,000 shall contain the above provisions. (b) Method of Payment: The method of payment for this Agreement will be based on:
Actual Cost Plus a Fixed Fee:
i. TAMC will reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Consultant in performance of the work. Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, equipment rental, overhead, and other estimated costs set forth in Exhibit B: Budget.
ii. In no event, will Consultant be reimbursed for overhead costs at a rate that exceeds the approved overhead rate set forth in Exhibit B. ili. In addition to the allowable incurred costs, TAMC will pay Consultant a fixed fee as specified in Exhibit B: Budget. The fixed fee is nonadjustable for the term of the Agreement, unless such adjustment is made by written amendment of this Agreement.
5. Retention of Funds.
(a) No Retention by TAMC or Consultant. No retainage will be withheld by TAMC from progress payments due Consultant. Retainage by Consultant or subconsultants is prohibited, and no retainage will be held by Consultant from progress due subconsultants. Any violation of this provision shall subject the violating Consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 3321 of the CCC.
This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by Consultant or deficient subconsultant performance, or noncompliance by a RFP Pmt Mgmt Prog Update 2022 Draft 2022 0112.docx
subconsultant. This provision applies to both Disadvantaged Business Enterprise (DBE) and non-DBE consultants and subconsultants.
(b) Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section.
6. Termination.
(a) TAMC reserves the right to terminate this Agreement upon thirty (30) calendar days' written notice to Consultant with the reasons for termination stated in the notice. (b) TAMC may also terminate this Agreement at any time for good cause effective immediately upon written notice to Consultant. "Good cause" includes, without limitation, the failure of Consultant to perform the required services at the time and in the manner provided herein, as well as failure to comply with the provisions of Paragraphs 13 and 14, relating to audits, below. Notwithstanding TAMC's right to terminate for good cause effective immediately upon written notice thereof, TAMC shall provide prior notice to Consultant of any ground for termination then being considered, and also provide Consultant with a good faith opportunity to avoid termination, as reasonably determined by TAMC in its absolute discretion. If TAMC terminates this Agreement for good cause, TAMC may be relieved of the payment of any consideration to Consultant, and TAMC may proceed with the work in any manner, which it deems proper. Costs incurred by TAMC thereby shall be deducted from any sum otherwise due Consultant.
(c) The maximum amount for which TAMC shall be liable if this Agreement is terminated is zero (0) dollars.
(d) It is also mutually understood between TAMC and Consultant that this Agreement may have been written before ascertaining the availability of funds, or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made. This Agreement is valid and enforceable only if sufficient funds are made available to TAMC for the purpose of this Agreement. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds. TAMC retains the right to direct Consultant immediately to stop work and to terminate this Agreement for convenience, pursuant to Paragraph 6(a) above, in order to address any reduction of funds.
(e) Termination of this Agreement shall not terminate Consultant's duty to defend, indemnify and hold harmless TAMC, as provided in Paragraphs 8 and 20.
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7. Cost Principles and Administrative Requirements.
(a) Consultant agrees that the contract Cost Principles and Procedures, 48 Code of Federal Regulations (CFR), Chapter 1, Part 31.000 et seq., Federal Acquisition Regulations System, shall be used to determine the cost allowability of individual items.
(b) Consultant also agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Costs Principles and Audit Requirements.
(c) Any costs for which payment has been made to Consultant under this Agreement that are determined by subsequent audit to be unallowable under 2 CFR Part 200 are subject to repayment by Consultant to TAMC.
(d) Consultants and subconsultants shall maintain accounting systems related to the work to be performed pursuant to this Agreement that conform to Generally Accepted Accounting Principles (GAAP).
(e) All subcontracts in excess of $25,000 shall contain the above provisions.
8. Indemnification.
(a) For the purposes of the following indemnification provisions ("Indemnification Provisions"), "design professional" has the same meaning as set forth in California Civil Code section 2782.8. If any term, provision or application of these Indemnification Provisions is found to be invalid, in violation of public policy, or unenforceable to any extent, such finding shall not invalidate any other term or provision of these Indemnification Provisions, and such other terms and provisions shall continue in full force and effect. If there is any conflict between the terms, provisions or application of these Indemnification Provisions and the provisions of California Civil Code sections 2782 and 2782.8, the broadest indemnity protection for TAMC under these Indemnification Provisions that is permitted by law shall be provided by Consultant.
(b) Indemnification for Design Professional Services Claims: Consultant shall indemnify, defend, and hold harmless TAMC, its governing board, officers, agents, and employees, from and against any all claims that arise out of, or pertain to, or related to the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them, or anyone that they control in the performance of design professional services under this Agreement, RFP Pvmt Mgmt Prog Update 2022 Draft 2022 0112.docx
excepting only liability arising from the sole negligence, active negligence, or willful misconduct of TAMC, or defect in a design furnished by TAMC, but in no event shall the amount of such Consultant's liability exceed such Consultant's proportionate percentage of fault as determined by a court, arbitrator or mediator, or as set out in a settlement agreement. In the event one (1) or more defendants to any action involving such claim or claims against TAMC is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, such Consultant shall meet and confer with the other parties to such action regarding unpaid defense costs. (c) Indemnification for All Other Claims or Loss: For any claims, losses, costs, damages, injuries, other than claims arising out of Consultant's performance of design professional services under this Agreement, Consultant shall defend (with legal counsel reasonably acceptable to TAMC), indemnify and hold harmless TAMC, its governing board, officers, agents, and employees, from and against any claims, losses, costs, damages, injuries (including injury to or death of an employee of Consultant or its subconsultants), expenses and liabilities of every kind, nature and description (including incidental and consequential damages, court costs, attorneys' fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively "Liabilities"). Such obligations to defend, hold harmless and indemnify TAMC, its officers, agents, and employees, shall not apply to the extent that such Liabilities are caused in part by the sole negligence, active negligence, or willful misconduct of TAMC, or a defect in a design furnished by TAMC. To the extent there is an obligation to indemnify under this sub-paragraph 8(c), Consultant shall be responsible for incidental and consequential damages resulting directly or indirectly, in whole or in part, from Consultant's negligence, recklessness, or willful misconduct. (d) Notwithstanding any other provision of this Agreement, Consultant's obligation to defend, indemnify and hold harmless TAMC as expressed in these Indemnification Provisions shall survive the termination or expiration of the Agreement for a term to include the applicable statute of limitations related to the Consultant's performance pursuant to the Agreement.
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9. Insurance.
(a) Without limiting Consultant's duty to indemnify as set forth in this Agreement, Consultant shall maintain, at no additional cost to TAMC, throughout the term of this Agreement a policy or policies of insurance with the following coverage and minimum limits of liability:
• Commercial general liability insurance, including but not limited to premises, personal injury, products, and completed operations, with a combined single limit of One Million Dollars ($1,000,000) per occurrence.
• Professional liability insurance in the amount of not less than One Million Dollars ($1,000,000) per claim and Three Million Dollars ($3,000,000) in the aggregate, to cover liability for malpractice or errors or omissions made in the course of rendering professional services. If professional liability insurance is written on a "claims made" basis rather than an "occurrence" basis, Consultant shall, upon the expiration or termination of this Agreement, obtain extended reporting coverage ("tail coverage") with the same liability limits. Any such tail coverage shall continue for at least three years following the surviving term of Consultant's obligation to defend, indemnify and hold harmless TAMC as set for in Paragraph
8. • Comprehensive automobile insurance covering all motor vehicles, including owned, leased, hired and non-owned vehicles used in providing services under this Agreement, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence.
(b) All insurance required under this Agreement shall be with a company acceptable to TAMC and authorized by law to transact insurance business in the State of California.
Unless otherwise provided in this Agreement, all such insurance shall be written on an occurrence basis; or, if any policy cannot be written on an occurrence basis, such policy shall continue in effect for a period of two years following the date of Consultant's completion of performance hereunder.
(c) Each policy of insurance required under this Agreement shall provide that TAMC shall be given written notice at least thirty days in advance of any change, cancellation or non-renewal thereof. Each policy shall provide identical coverage for each subconsultant performing work under this Agreement or be accompanied by a certificate of insurance for each subconsultant showing identical insurance coverage.
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(d) Commercial general liability and automobile liability policies shall provide an endorsement naming TAMC, its officers, agents, and employees, as additional insureds and shall further provide that such insurance is primary to any insurance or self-insurance maintained by TAMC, and that no insurance of any additional insured shall be called upon to contribute to a loss covered by Consultant's insurance. (e) TAMC shall not be responsible for any premiums or assessments on the policy.
10. Workers' Compensation Insurance. If during the performance of this Agreement, Consultant employs one or more employees, then Consultant shall maintain a workers' compensation plan covering all of its employees as required by Labor Code Sec. 3700, either (a) through workers' compensation insurance issued by an insurance company, with coverage meeting the statutory limits and with a minimum of One Million Dollars ($1,000,000) per occurrence for employer's liability, or (b) through a plan of self-insurance certified by the State Director of Industrial Relations, with equivalent coverage. If Consultant elects to be self-insured, the certificate of insurance otherwise required by this Agreement shall be replaced with consent to self-insure issued by the State Director of Industrial Relations. The provisions of this paragraph apply to any subconsultant employing one or more employees, and Consultant shall be responsible for all subconsultants' compliance herewith.
11. Safety Provisions.
(a) Consultant shall comply with Division of Occupational Safety and Health (CAL-OSHA) regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by TAMC Safety Officer and other TAMC representatives. Consultant personnel shall wear hard hats and safety vests at all times while working on a construction project site. (b) If applicable to work to be performed by Consultant identified in the Scope of Work (Exhibit A), and pursuant to the authority contained in Section 591 of the Vehicle Code, TAMC has determined that such areas are within the limits of the project and are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. (c) Any subcontract entered into as a result of this Agreement, shall contain all of the provisions of this Section.
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(d) Consultant must have a CAL-OSHA permit(s), as outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five feet or deeper.
12. Certificate of Insurance and Taxpayer Identification. Prior to the execution of this Agreement by TAMC, Consultant shall submit a completed federal W-9 form, Request for Taxpayer Identification Number and Certification, and file certificates of insurance with TAMC's Finance Officer evidencing that Consultant has in effect the insurance required by this Agreement. Consultant shall file a new or amended certificate promptly after any change is made in any insurance policy, which would alter the information on the certificate then on file. Acceptance or approval of insurance shall in no way modify any indemnification provision of this Agreement.
13. Retention of Records/Audit.
(a) For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the Agreement pursuant to Government Code 8546.7, Consultant, subconsultants, and TAMC shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The state, State Auditor, TAMC, Federal Highway Administration (FHWA), or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants (CPA) work papers that are pertinent to the Agreement and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. (b) Subcontracts in excess of $25,000 shall contain this provision.
14. Audit Review Procedures.
(a) Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by TAMC'S Finance Officer.
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(b) Not later than 30 days after issuance of the final audit report, Consultant may request a review by TAMC'S Finance Officer of unresolved audit issues. The request for review will be submitted in writing.
(c) Neither the pendency of a dispute nor its consideration by TAMC will excuse Consultant from full and timely performance, in accordance with the terms of this Agreement.
(d) Consultant and subconsultant contracts, including cost proposals and ICR, are subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the contract, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Consultant's responsibility to ensure federal, state, or local government officials are allowed full access to the CPA's work papers including making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by Consultant and approved by TAMC project manager to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by TAMC at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers, will be considered a breach of contract terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.
15. Inspection of Work. Consultant and any subconsultant shall permit TAMC, the State, and the FHWA (if federal participating funds are used in this Agreement) to review and inspect the project activities and files at all reasonable times during the performance period of this Agreement including review and inspection on a daily basis.
16. Confidentiality; Return of Records. Consultant and its officers, employees, agents, and subconsultants shall comply with all federal, State and local laws providing for the confidentiality of records and other information. Consultant shall not disclose any confidential information received from TAMC or prepared in connection with the performance of this Agreement without the express permission of TAMC. Consultant shall promptly transmit to TAMC all requests for disclosure of any such confidential information.
Consultant shall not use any confidential information gained through the performance of this Agreement except for the purpose of carrying out Consultant's obligations hereunder.
When this Agreement expires or terminates, Consultant shall return to TAMC all records, which Consultant utilized or received from TAMC to perform services under this Agreement.
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17. Amendments and Modifications. No modification or amendment of this Agreement shall be valid unless it is set forth in writing and executed by the parties hereto.
18. Statement of Compliance/Non-Discrimination.
(a) Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. (b) During the performance of this Agreement, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave.
Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seg.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
19: Harassment. TAMC maintains a strict policy prohibiting unlawful harassment, including sexual harassment, in any form, including verbal, physical and visual harassment by any employee, supervisor, manager, officer or Board member, or agent of the employer.
Vendors, contractors, and consultants shall not engage in conduct that has an effect of unreasonably interfering with a TAMC employee's work performance or creates an intimidating, hostile or offensive work environment.
20. ADA Access. TAMC is committed to accessibility, including California State Web Content Accessibility Guidelines and Federal law and regulations related to the Americans with Disabilities Act. Consultant shall review and follow TAMC's adopted ADA Best Practices for Documents and Outreach with regard to conducting public outreach, developing outreach materials, and producing public documents and content for TAMC and its website.
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21. Independent Contractor. In its performance under this Agreement, Consultant is at all times acting and performing as an independent contractor and not as an employee of TAMC or any of its member jurisdictions. No offer or obligation of employment is intended in any manner, and Consultant shall not become entitled by virtue of this Agreement to receive any form of benefits accorded to employees including without limitation leave time, health insurance, workers' compensation coverage, disability benefits, and retirement contributions. Consultant shall be solely liable for and obligated to pay directly all applicable taxes, including without limitation federal and State income taxes and social security arising out of Consultant's performance of this Agreement. In connection therewith, Consultant shall defend, indemnify, and hold harmless TAMC from any and all liability, which TAMC may incur because of Consultant's failure to make such payments.
22. Delegation of Duties; Subcontracting.
(a) Nothing contained in this Agreement or otherwise, shall create any contractual relation between TAMC and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to TAMC for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation to pay its subconsultant(s) is an independent obligation from TAMC'S obligation to make payments to the Consultant.
(b) Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by TAMC's Executive Director, except that, which is expressly identified in the approved Budget/Cost Proposal. (c) Any subcontract in excess of $25,000 entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants.
(d) Any substitution of subconsultant(s) must be approved in writing by TAMC's Executive Director prior to the start of work by the subconsultant(s). (e) Any work performed by a subconsultant shall be done in conformance with this Agreement, and TAMC shall pay Consultant for the work but not for any markup, including subcontract management, supervisions, administrative and other expenses, or reimbursable costs.
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23. Ownership of Data.
(a) Upon completion of all work under this Agreement, ownership and title to all reports, documents, plans, specifications, and estimates produce as part of this Agreement will automatically be vested in TAMC; and no further agreement will be necessary to transfer ownership to TAMC. Consultant shall furnish TAMC all necessary copies of data needed to complete the review and approval process. (b) It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine-readable form, are intended for one-time use in the connection with the project for which this Agreement has been entered into. (c) Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by TAMC of the machine-readable information and data provided by Consultant under this Agreement; further, Consultant is not liable for claims, liabilities, or losses arising out of, or connected with any use by TAMC of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as many be authorized in writing by Consultant.
(d) Applicable patent rights provisions regarding rights to inventions shall be included in the Agreements as appropriate (48 CFR 27, Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).
(e) TAMC may permit copywriting reports or other agreement products. If copyrights are permitted, FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish or otherwise use the data, and may authorize others to use the work for government purposes.
(f) Any subcontract in excess of $25,000 entered into as a result of this Agreement, shall contain all of the provisions of this Article.
24. Confidentiality of Data.
(a) All financial, statistical, personal, technical, or other data and information relative to TAMC's operations, which are designated confidential by TAMC and made available to Consultant in order to carry out this Agreement, shall be protected by Consultant from unauthorized use and disclosure.
(b) Permission to disclose information on one occasion, or public hearing held by TAMC relating to the Agreement, shall not authorize Consultant to further disclose such information, or disseminate the same on any other occasion.
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(c) Consultant shall not comment publicly to the press or any other media regarding the Agreement or TAMC's actions on the same, except to TAMC's staff, Consultant's own personnel involved in the performance of this Agreement, and at public hearings or in response to questions from a Legislative committee.
(d) Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by TAMC, and receipt of TAMC'S written permission.
(e) Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Article.
25. Compliance with Terms of Federal or State Grant. If any part of this Agreement has been or will be funded pursuant to a grant from the federal or State government in which TAMC is the grantee, Consultant shall comply with all provisions of such grant applicable to Consultant's work hereunder, and said provisions shall be deemed a part of this Agreement as though fully set forth herein.
26. Use of United States -flag Vessels. If this Agreement relates to a federally funded construction contract, the Consultant agrees:
(a) To utilize privately owned United State-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this Agreement, to the extent such vessels are available at fair and reasonable rates for Unites States-flag commercial vessels. (b) To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, 'on-board' commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (a) of this section to both the TAMC Project Manager (through the prime contractor in the case of subcontractor bills-of lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.
(c) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this Agreement.
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