REGULAR MEETING AGENDA
OF THE CITY OF DEL REY OAKS CITY COUNCIL
TUESDAY, FEBRUARY 28, 2023 AT 6:00 PM
Notice is hereby given that the City Council of the City of Del Rey Oaks has called and will convene a regular meeting of the City Council at the time and location stated on this agenda. The public may view the meeting online or may participate in-person in the Council Chamber.
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1. ROLL CALL - Council
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Reverend Robert Hellam, Church of the 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 staff.
5. PRESENTATION:
A. Central Coast Community Energy
Swearing in Ceremony for Police Officer Juan Gomez
6. CONSENT AGENDA:
A. MINUTES: (CEQA: as to all, not a project per Guidelines Article 20, Section 15378) 1 1. January 24, 2023, Regular City Council Meeting
February 9, 2023, Special City Council Meeting
December 14, 2022, Regular Planning Commission Meeting
B. MONTHLY REPORTS: (CEQA: as to all, not a project per Guidelines Article 20, Section 15378)
2. Financials, January 2023 - January 2022
3. Fire Department Response Report, January 2023
4. Police Activity Report, January 2023
C. MISCELLANEOUS: (CEQA: as to all, not a project per Guidelines Article 20, Section 15378)
5. Appointment of Vice Mayor
6. Finalize Appointments to Regional Boards and Committee List
7. Approve Resolution 2023-01 Cal Fire Grant
8. Approve Resolution 2023-02 Termination AB 361 Requirements
9. Consider a Comment Letter to California Public Utilities Commission Regarding CaliforniaAmerican Water and Pure Water Monterey Water Purchase Agreement - Councilmembers Shirley and Uy
10. Approve Resolution 2023-03 for Submittal of the Annual Progress Report (APR) to the Office of Planning and Research (OPR) and the Office of Housing and Community Development (HCD)
8. OLD BUSINESS: None
9. NEW BUSINESS:
A. Consider Adoption of Policy Regarding Use of Electronic Devices During City Meetings B. Brown Act Overview and Update
10. COUNCIL REPORTS:
A. Council Reports
11. CORRESPONDENCE:
A. Police Department Recognition Letters
TAMC Highlights
MST Highlights
2 Mosquito Abatement District
Veterans Update
12. Closed Session: As permitted by Government Code Section 54956 et. seq. the Council may adjourn to a Closed Session to consider specific matters dealing with certain litigation, personnel, or labor/real property negotiations.
MEETING TO BE HELD VIRTUALLY ONLY PER GOVERNOR NEWSOM'S EXECUTIVE ORDERS N-29-20 AND N-33-20 REGARDING COVID-19 PROTOCOLS: The Council alone will participate in the Closed Session portion of the meeting via invitation. They will return to the open zoom link meeting listed above upon adjourning from closed session.
A. Public Comment on Closed Session Items: Anyone wishing to address the City Council on an item to be discussed in closed session may do so now. 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 public comment period.
B. Closed Session Items:
1. Conference with Legal Counsel – Existing Litigation (California Government Code § 54956.9 (d)(1)): California Native Plant Society v. Fort Ord Reuse Authority et al.
Monterey County Superior Court Case No. 20CV001529.
Conference with Legal Counsel - Existing Litigation (California Government Code § 54956.9 (d)(1)): Christopher Lawson v. City of Del Rey Oaks, et al. Monterey County Superior Court Case No. 22CV003395.
13. NEXT MEETING DATE: Tuesday, March 28, 2023 at 6:00pm
14. ADJOURNMENT
Information distributed to the Council at the meeting becomes part of the public record. A copy of written material, pictures, etc. must be provided to the secretary for- this purpose.
All enclosures and materials regarding these agenda items are available for public review at the Del Rey Oaks City Hall, 650 Canyon Del Rey Road, Del Rey Oaks. 3 Presentation to Del Rey Oaks
02.28.2023
Sophia Schwirzke
Customer Accounts Manager
4 Item A.
CCA
Community Choice Aggregation
Investor-Owned Utility Customers
Purchases electricity on
behalf of local communities;
develops programs, rebates,
and incentives
Delivers electricity,
maintains infrastructure,
and handles billing
Benefits from local control,
competitive rates, and
clean energy as well as
CCA programs, rebates,
and incentives
5 Item A.
Our Formation
2017
MBCP founded by
Counties of Monterey,
San Benito, Santa Cruz
2020
Service expands to
Cities in San Luis
Obispo County
2021
CCCE service
expands to County of
Santa Barbara
6 Item A.
Member Agencies in five counties
34 400,000+
Customers
$1 billion
Investment in renewable energy
$26 million in customer programs
7 Item A.
Enrollment in communities
94%
5000 GWh
Electricity delivered in 2022
45,049
Customers in unicorporated Santa Barbara
County and Buellton enrolled in 2021/2022
8 Item A.
Clean and 03 Renewable Power
Our Commitment
01 Local Control 02 Competitive Rates
Community 04 Reinvestiment
9 Item A.
01 Local Control
10 Item A.
COASTAL CITIES
Marina
Sand City, Seaside
Del Ray Oaks*
PENINSULA CITIES
Carmel*
Monterey
Pacific Grove*
SALINAS CITIES
Greenfield
Gonzales*
Soledad
SAN BENITO CITIES
Hollister*
San Juan Bautista
SANTA CRUZ CITIES
Capitola*
Scotts Valley
Our Governance
SLO CITIES
San Luis Obispo*
Morro Bay
SLO NORTH CITIES
Paso Robles*
Atascadero
SLO SOUTH CITIES
Arroyo Grande
Grover Beach
PismoBeach*
SB COUNTY CITIES
Guadalupe
Solvang*
Buellton
SB COUNTY CITIES
Goleta
Carpinteria*
11 Item A.
Our Focus
Competitive Rates
Provide affordable
energy, competitive with
incumbent utility
Electrification
Facilitate adoption of allelectric buildings and
transportation
Economic Growth
Invest in local
communities and help
develop workforce
Reduce emissions and
promote reliability and
local control
GHG Reductions
12 Item A.
02 Competitive Rates
13 Item A.
Average Residential Savings
Average approximate
difference between PG&E and
CCCE residential generation
rates in 2022
18%
Small to medium commercial*
customers savings after March
2022
2% to 19%
0%
2%
4%
6%
8%
10%
12%
14%
16%
18%
20%
2018 2020 2022
*Because our IOU imposes an additional demand charge that we do not, we cannot provide a percent savings for large commercial and agriculture accounts. 14 Item A.
Clean & Renewable 03 Power
15 Item A.
Procurement Targets
2030 Planned Resource Mix 2025 2030
60%
47% 43% 10%
Solar Wind Geothermal
100%
16 Item A.
102 MW
Solar + Storage
575 MW generation
183 MW storage
150 MW solar only
Standalone
Storage
Geothermal
98 MW
Wind
33 MW
9 5 4 1
Procurement Mix
Executed
contracts for 19
renewable
energy projects
17 Item A.
Projects Online in 2022
Coso Geothermal
66 MW Generation
11% Annual Load
January 2022
Slate Solar + Storage
68 MW Generation
34 MW Battery Storage
4% Annual Load
March 2022 Mammoth Casa Diablo IV
7 MW Generation
1% Annual Load
July 2022
22%
Annual
Load
234 MW
50 MW Rabbitbrush
Solar + Storage
60 MW Generation
12 MW Storage
3% Annual Load
October 2022
Mountain View Wind
33 MW Generation
3% Annual Load
July 2022
18 Item A.
Why electrify?
Transportation accounts for 41% of CA
emissions. Gas appliances account for 12%.
Reduce GHG Emissions
Gas appliances impact indoor air quality and
public health. Diesel exhaust is linked to
multiple serious conditions.
Better Health Outcomes
Every CCCE customer is on a pathway to
carbon-free energy by 2030. Switching from
gas to electric vehicles and appliances helps
our region finish the job.
Make an Impact
19 Item A.
Community 04 Reinvestment
20 Item A.
FY 21/22: Community Reinvestment
Electric School Bus
$1.4M awarded to schools
Est. 148 mT CO2 emissions
avoided each year
$2.4M awarded to customers
Est. 2,500 mTCO2 emissions
avoided each year
$600K+ awarded to
affordable housing
Est. 170 mT CO2 emissions
avoided each year
Electrify Your Ride New Construction
Electrification
21 Item A.
Residential Programs
Service Description Price
Electrify
Your Ride
Plug-In, Battery, Motorcycles,
Leased, Used, Chargers and
Readiness
$1,000-$4,000
Electrify
Your Home
HVAC, Heat Pump Water
Heater, Panel Replacement $450-$4,000
New Construction
Electrification
Fully electric Accessory Dwelling
Units $5,000
22 Item A.
Member Agencies
$5,000 - $100,000 per unit
Electrify Your Fleet
Up to $100,000; additional funds to Plan
Your Fleet
Charge Your Fleet
$100,000 budgeted for third-party
implementation
Reach Code Program
23 Item A.
Businesses
$15,000 - $100,000, designed to cover
between 70% - 100% of project
Ag Equipment
$2,500 per affordable or farm worker
housing unit
New Construction Electrification
Up to $150,000 for DCFC Level 3 Chargers
Electrify Your Ride
24 Item A.
Underserved Communities
Broadband initiative, support for
contractors
Workforce Development
Farmworker
Housing+Transportation
Income-qualified customers eligible for
extra $1,000 EYR + EYH rebates
Additional Incentives
25 Item A.
3cenergy.org
26 Item A.
CREDITS: This presentation template was created by Slidesgo, including icons by Flaticon and infographics & images by Freepik Thanks
Do you have any questions?
3CE.org
[email protected]
27 Item A.
CREDITS: This presentation template was created by Slidesgo, including icons by Flaticon and infographics & images by Freepik Insert Power Source Map
28 Item A.
City of Del Rey Oaks
City Hall
650 Canyon Del Rey Blvd
Del Rey Oaks, CA 93940
Action Minutes
Thursday January 24, 2023 - 6:00 PM
City Council – Regular Meeting
Del Rey Oaks City Council
Scott Donaldson – Mayor
Kim Shirley – Councilmember
Jeremy Hallock – Councilmember
John Uy – Councilmember
29 Item 1.
6:00 PM – Called to Order:
The meeting was called to order by Mayor Donaldson.
Roll Call:
Present: Mayor Donaldson, Councilmember Shirley, and Councilmember Hallock and Councilmember Uy
Absent: None
Pledge of Allegiance:
Mayor Donaldson led the Pledge of Allegiance
Interview Qualified Council Vacancy Applicants, Appoint to Fill the Short-Term Council Vacant Seat, and Install the Appointed Council Member
City Manager Guertin: Explains the process and the order of the applicants was determined by the pulling names from the hat before the meeting.
Mike Burger, Applicant: Loves DRO and when folks smile and wave at each other. Been on the planning commission. Safety and sustainability is important. Wants to be available to all 24-7 (gave his phone number).
Gary Kreeger, Applicant: Enjoys Citizens Action Group and Planning Commission. Wants to expand experience and to help in the city. Served16 years in the Navy. Wants to talk with each other respectfully. Development is concerning, why is the stone creek kitchen area still vacant.
Louise Goetzelt, Applicant: 30-year resident. Thanks all that voted for her in the election. She is open to others’ opinions. Health and Safety is her first concern. Served on city council for 3 years and enjoyed it. Wants to set realistic goals.
Andy Clark, Applicant: 20-year resident. Likes the community values. Was on DROCAG and Planning Commission. Specialty is financials and fiscal responsibility is important. Utilizing staff and policies. Health and safety are a priority.
Bill Ragsdale-Cronin, Applicant: Is a centrist. Has experience and his family is like the United Nations. Transparency is perception. Wants to address the debt. It’s OK to change your mind and explain why. Look at restrictions on one-time funds.
Dennis Allion, Applicant: Involved in city planning commission and council since 1993. Served 20 years in the Navy. Everyone needs to be treated as individuals. Wants to pay off debt if no restrictions on one time funds. Needs for general population as a whole, need to be met.
Public Comment:
Kathy Palazolo: Thanks all applicants. Impressed by Mike Burger. City has been torn apart; this position is important.
Joanne Davidson: No response from emails. Older folks don’t use computers wants a survey mailed out to all residents.
Ballots were handed out to the Council. Handed it to Deputy City Clerk Minami and she read the tallies aloud. 2 votes for Gary Kreeger and 2 votes for Louise Goetzelt.
Mayor Donaldson: Spoke in regard to Jan. 5th motion made by Council Member Shirley, why won’t she support Louise now?
30 Item 1.
Council Member Shirley: Mistaken because it was a motion about the process not direct appointment. Wants Gary because of dedication and core values.
Council Member Uy: Moved by story, open and inclusive. All strong candidates but wants Gary.
Council Member Hallock: Sees Jan 5th differently. Jan 5th motion was to offer the position to Alison Kerr and if she didn’t want it, then offer it to Louise Goetzelt. Council Member Shirley backed Louise during campaign, what happened? Supports Louise Goetzelt for a balanced council.
Mayor Donaldson: Even though both are highly qualification, Louise ran in the election and backs her. Running in an election takes effort. She has shown she is willing to work with anyone and has experience. During the Jan. 5th Council Member Shirley supported her by name in the motion. Can you support Louise tonight?
Council Member Shirley: No
Council Member Uy: Rubric was downsized for the sake of compromise.
The Council was not able to come to a consensus on the appointment of the new member.
Mayor Donaldson: Asked for another vote.
Ballots were handed out again to the Council. Handed it to Deputy City Clerk Minami and she read the tallies aloud. 2 votes for Bill Ragsdale-Cronin and 2 votes for Dennis Allion.
Council Member Shirley: Voted for Bill, he is a centrist.
Council Member Hallock: Dennis has the most experience, impressed he applied.
Council Member Uy: Bills responses from the heart.
Mayor Donaldson: Both qualified, the message from January 5th meeting was the city needed experience and Denise has a depth of knowledge.
The Council was not able to come to a consensus on the appointment of the new member.
Mayor Donaldson: Asked for another vote.
Ballots were handed out again to the Council. Handed it to Deputy City Clerk Minami and she read the tallies aloud. 2 votes for Mike Burger and 1 vote for Andy Clarke. Council Member Shirley wrote in Bill Ragsdale-Cronin.
Council Member Shirley: Can’t support any of the other applicants.
Council Member Hallock: Impressed with Mike Burger, appreciate his candor.
Mayor Donaldson: Council Member Uy supported Andy Clarke. We are deadlocked, any compromise.
Council Member Uy: No longer supports him, wants Bill Ragsdale-Cronin now.
A motion was made by Council Member Hallock to appoint Andrew Clarke as a City Council Member, Seconded by Mayor Donaldson.
Roll call vote taken pursuant to Government Code 54953:
Mayor Donaldson: Aye
Council Member Shirley: Nay
Council Member Hallock: Aye
Council Member Uy: Nay
The motion did not pass.
City Manager Guertin: Take action on one candidate and move forward.
Council Member Shirley: Feels strongly about Bill, and won’t compromise.
Council Member Hallock: Confused because Council Member Uy originally voted for Andy 31 Item 1.
Clarke, isn’t that a compromise? But now he won’t vote for him.
Council Member Uy: The last round was confusing.
Mayor Donaldson: Both “sides” aren’t getting what they want, so it’s compromise on both sides.
Both applicants are qualified. Will we leave this position unfilled.
Council Member Shirley: Will not waiver and asks Mayor to compromise since the city is in this situation because of him winning the election.
Mayor Donaldson: Is compromising with Andy Clarke.
A lengthy discussion regarding choices and compromise ensued between the Mayor and Council Members.
*The following applicants withdrew their application from the appointment process:
Andrew Clarke
Dennis Allion
Gary Kreeger
Mike Burger
City Attorney Lorca: Options can be to continue to deliberate or recommend a special election.
This must be done by February 10th.
City Council Member Shirley: Louise Goetzelt has difficulty in leadership at the Oaks.
City Council Member Hallock: Sorry to see the withdrawals, doesn’t want the special election.
Mayor Donaldson: Doesn’t want to spend the money for election.
City Council Member Shirley: Already compromised and Mayor is not compromising.
City Council Member Uy: Wants to do better and one of the other council members to support Bill Ragsdale-Cronin.
Mayor Donaldson: Will schedule a special meeting to find a path forward, one last effort.
Recess for 10 minutes
Back in session
Public Comment:
Jim Clark: What happened to core values? The Jan 5th meeting was horrible. Reads his letter regarding Council Member Shirley’s behavior to incite citizens to line up and make statements to direct appoint Former Alison Kerr.
Kathy Palazolo: Council Member Shirley and Uy’s behavior during the Jan. 5th meeting was underhanded and wrong.
Mike Hayworth: Appalled by the behavior of certain Council Members, no bearing on what we are trying to accomplish.
CONSENT AGENDA: Action Items
A. MINUTES: (CEQA: as to all, not a project per Guidelines Article 20, Section 15378)
1. December 13, 2022, Regular City Council Meeting Minutes
2. January 5, 2023, Special City Council Meeting Minutes
3. January 11, 2023 Special City Council Meeting Minutes B. MONTHLY REPORTS: (CEQA: as to all, not a project per Guidelines Article 20, Section 15378)
32 Item 1.
1. Financials, December 2022
2. Fire Department Response Report, December 2022
3. Police Activity Report, December 2022
C. MISCELLANEOUS (CEQA: as to all, not a project per Guidelines Article 20, Section 15378)
1. Approve the Purchase of six (6) APX Next Radios to Support Public Safety Communications
2. Approve Agreement Decommissioning and Returning Donated 2009 Ford Crown Victoria
3. Approve Employment Contract for Acting Chief of Police
4. Approve Reimbursement Agreement with DEA for Police Staff time
5. Approve FY22/23 Cannabis Tax Fund Police Grant Program
6. Accept Meeting Calendar for 2023
A motion was made by Council Member Hallock, seconded by Council Member Shirley to approve the Consent Agenda.
Roll call vote taken pursuant to Government Code 54953:
Mayor Donaldson: AYE
Councilmember Uy AYE
Councilmember Shirley: AYE
Councilmember Hallock: AYE
The Consent Agenda passed 4-0
NEW BUSINESS:
A. Consider City Council Boards and Committees Appointment List Council Member Uy: Would like to give the opportunity to someone else to be on Seaside County Sanitation District.
Mayor Donaldson: Assigned Council Member Hallock as the primary for Community Human Services. Council Member Shirley: Wants to be primary on Seaside Groundwater Basin Watermaster.
Council Member Hallock: Also wants it.
A motion was made by Council Member Hallock, seconded by Council Member Uy to approve a partial Appointment List with changes and tabling until there is a full council for the Seaside Groundwater Basin Watermaster..
Roll call vote taken pursuant to Government Code 54953:
Mayor Donaldson: AYE
Councilmember Uy AYE
Councilmember Shirley: AYE
Councilmember Hallock: AYE
The Consent Agenda passed 4-0
33 Item 1.
Closed Session Items:
CLOSED SESSION: As permitted by Government Code Section 54956 et. seq. the Council may adjourn to a Closed Session to consider specific matters dealing with certain litigation, personnel, or labor/real property negotiations.
Public Comment on Closed Session Items: Anyone wishing to address the City Council on an item to be discussed in closed session may do so now. 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 public comment period.
None
PUBLIC EMPLOYEE PERFORMANCE EVALUATION (California Government Code § 54957 (b)(1)): Title: City Manager
PUBLIC EMPLOYEE PERFORMANCE EVALUATION (California Government Code § 54957 (b)(1)): Title: City Attorney
City Attorney Lorca: No reportable action taken.
NEXT MEETING DATE: Tuesday, February 28, 2023 at 6:00pm ADJOURNMENT: 10:40pm
Attest: Date:
------------------------------------------ ------------------------------------------------- 34 Item 1.
City of Del Rey Oaks
City Hall
650 Canyon Del Rey Blvd
Del Rey Oaks, CA 93940
Action Minutes
Thursday February 9, 2023 - 6:00 PM
City Council – Special Meeting
Del Rey Oaks City Council
Scott Donaldson – Mayor
Kim Shirley – Councilmember
Jeremy Hallock – Councilmember
John Uy – Councilmember
35 Item 1.
6:00 PM – Called to Order:
The meeting was called to order by Mayor Donaldson.
Roll Call:
Present: Mayor Donaldson, Councilmember Shirley, and Councilmember Hallock and Councilmember Uy
Absent: None
Pledge of Allegiance:
Mayor Donaldson led the Pledge of Allegiance
Public Comment:
Irene Barlich: Thanks Council Member Shirley and Uy for sticking to their guns at last meeting.
New Business:
City Councilmember Vacancy: Possible Action to Make an Appointment to Fill the Vacancy for the Remaining Term and Administer the Oath of Office to the Newly Appointed Councilmember (Continued from January 24, 2023 City Council Meeting) or Call a Special Election for November 7, 2023 as per the Elections Code (§36512).
City Manager Guertin: Reviewed process
Public Comment:
Amand: Why not flip a coin.
Vicky Lucido: Voted for change of leadership. It’s hypocritical not to appoint Louise.
Mary Solseng: Reads from letter regarding Bill being a centrist.
Don Gruber: Both applicants were opposed to FORTAG but either would be reasonable.
Frank Lucido: It’s a fact that the city is divided and we wanted a new mayor. Do what is best for the city.
Manny: Find common ground.
Dennis Allion: Reads Jim Clarks letter regarding the last meeting. Ridiculous that this current situation in Scott’s vault. Apologizes for his actions at the last meeting.
Karen Harris: Known Bill for 34 years and he is the best choice.
Patrice Viceone: Louise is not respected at the Oaks. Bill has a mind of his own and is the best choice.
Chris Foley: Bill is his mentor and has integrity.
Gary Kreeger: Alison lost the election because of her support of measure B. All four council members will have to share blame if this goes to an election.
Kathy Pallazolo: Process is flawed, the context changed. Wants a special election.
Scott Laxier: Reads letter. Louise shuts down people at the Oaks. Bill is a good listener and has empathy.
Susan: Likes the idea of flipping a coin.
Deputy City Clerk Minami reads letters from Mike O’Brien and Kristin Clark.
Public Comment is closed
Council Member Hallock: Concerned that Bill doesn’t have experience. One must be holistically neutral and leave it at the door. Louise is the best choice.
Council Member Uy: Varied opinions in email. Hard decision but wants Bill on council.
Council Member Shirley: Supports Bill and many are not happy with Louise at The Oaks. We don’t need to go to an election, we owe it to the residents to do good work. 36 Item 1.
Mayor Donaldson: Thanks all for calls and emails. Apologizes to applicants that withdrew. The make up of the council determines how the development is handled, how long-term debt is treated and how we retain staff. The majority wants change and wants to avoid an election. Not happy about how things have come this far. We need to do what’s best for the city. To Bill, putting trust in him to be his own man and to be able to compromise in the future. Would like to entertain a motion to appoint Bill Ragsdale-Cronin.
A motion was made by Council Member Shirley to appoint Bill Ragsdale-Cronin to the vacant council seat, Seconded by Council Member Uy.
Roll call vote taken pursuant to Government Code 54953:
Mayor Donaldson: Aye
Council Member Shirley: Aye
Council Member Hallock: Nay
Council Member Uy: Aye
The motion passes 3-1
Deputy City Clerk Minami administered the Oath of Office to Bill Ragsdale-Cronin.
Closed session was not heard due to City Attorney Lorca’s illness.
Next Meeting Date:
Tuesday, February 28, 2023 at 6:00pm
Adjournment: 7:15 pm
Attest: Date:
------------------------------------------ ------------------------------------------------- 37 Item 1.
City of Del Rey Oaks
City Hall
650 Canyon Del Rey Blvd
Del Rey Oaks, CA 93940
Action Minutes
Wednesday, December 14, 2022 - 6:00 PM
Planning Commission – Regular Meeting
Del Rey Oaks Planning Commission
Mike Hayworth – Chair
Bill Ragsdale-Cronin – Vice Chair
George Jaksha – Commissioner
Gary Kreeger – Commissioner
Denise Wood – Commissioner
Mike Burger – Commissioner
Louise Goetzelt - Commissioner
38 Item 1.
6:00 PM – Called to Order:
The meeting was called to order by Chair Hayworth.
Roll Call:
Present: Chair Hayworth, Vice Chair Ragsdale-Cronin,
Commissioner Jaksha, Commissioner Burger, Commissioner
Wood, Commissioner Kreeger, Commissioner Goetzelt
Staff Present:
City Manager Guertin, Deputy City Clerk Minami and
Administrative Assistant Fitz
Planner Denise Duffy from Denise Duffy Associates
Pledge of Allegiance:
Chair Hayworth led the Pledge of Allegiance.
Consent Agenda:
A. Adopt September 14, 2022, Planning Commission Meeting Minutes
Public Comment:
Open for General Public Comment; No public comment was
made.
Reports:
Building Activity Report November 2022
The Building Activity Report was accepted unanimously.
Old Business:
None
39 Item 1.
New Business:
Denise Duffy of Denise Duffy and Associates presents item 7A and states no CEQA declaration is required.
A. CONSIDER RECOMMENDATION to the City Council of an
Ordinance amending TITLE 17 of the Del Rey Oaks municipal code regarding definition of “Family and Emergency Shelters”.
PUBLIC COMMENT: No Public Comment
A motion was made by Commissioner Goetzelt and seconded by Chairman Hayworth to approve item 7A
Roll Call Vote taken pursuant to Government Code 54953:
Commissioner Wood AYE
Commissioner Burger AYE
Commissioner Kreeger AYE
Commissioner Jaksha AYE
Vice-Chair Ragsdale-Cronin AYE
Chair Hayworth AYE
Commissioner Goetzelt AYE
Item 7A passed unanimously 7-0
B. Applicant’s Name: Jack Paquin
Owner’s Name: Brandon & Byanca Reed
File Number: VAR 22-03
Site Location: 33 Carlton Drive
Planning Area: APN #012-501-053
CEQA Determination: Categorically Exempt pursuant to
Guidelines § 15061(c) and 15301
Project Description: Requesting a Variance to place an
approved ADU, in the side yard setback.
Recommended Action: Analyze provided material, make appropriate findings, impose conditions as appropriate, and give direction to staff.
Item B pulled until January meeting due to lack of preparation on part of the applicant.
40 Item 1.
Announcements / Comments by Planning Commissioners:
Commissioner Jaksha: DROCAG event in the park was a success despite the rain
Next Meeting Date:
Wednesday, January 11, 2023
Adjournment:
6:08 pm
Attest: Date:
------------------------------------------ ---------------------------------------------- 41 Item 1.
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1 City Council Report
Jan 2023
Chris Bourquin
Interim Chief
Case # Date Offense Code 1 Offense Code Description
DROMPADOJResidentialCommercial
23-001 01/02/2023 594(B)(1) PC Vandalism X X
23-002 01/02/2023 Surrendered Property X X
23-003 01/03/2023 Found Property X X
23-004 01/05/2023 594(A)(2) PC Vandalism X X
23-005 01/05/2023 Surrendered Property X X
23-006 01/06/2023 20002(A)(1) VC Non injury Hit & Run X X 23-007 01/08/2023 Outside Warrant/M Arrest X X
23-008 01/09/2023 Information Only X X
23-009 01/09/2023 14601.2(A) VC Arrest-Suspended License X X 23-010 01/09/2023 14601.2(A) VC Arrest-Suspended License X X 23-011 01/10/2023 Outside Warrant/M Arrest X X
23-012 01/11/2023 Lost Property X X
23-013 01/12/2023 10851(A) VC Vehicle Theft Unfounded X X 23-014 01/15/2023 Outside Warrant/M Arrest X X
23-015 01/16/2023 484(A) PC Shoplifting X X
23-016 01/20/2023 ACI Injury Traffic Collision X X
23-017 01/22/2023 Towed Vehicle X X
23-018 01/22/2023 Towed Vehicle X X
23-019 01/23/2023 Void
23-020 01/23/2023 14601.2(A) VC Arrest-Suspended License X X 23-021 01/25/2023 Towed Vehicle X X
23-022 01/25/2023 Outside Warrant/M Arrest X X
23-023 01/25/2023 487(A) PC Stolen bike X X
23-024 01/26/2023 10851(A) VC Vehicle Theft Unfounded X X 23-025 01/27/2023 ACI Injury Traffic Collision X X
23-026 01/27/2023 Information Only X X
23-027 01/28/2023 245(A)(1) PC Assault with a deadly weapon X X 23-028 01/28/2023 487(A) PC Stolen Ebike X X
23-029 01/29/2023 12500(A) VC Unlicensed driver X X
23-030 01/30/2023 Outside Warrant/M Arrest X X
23-031 01/31/2023 Information Only X X
23-032 01/31/2023 14601.1(A) VC Arrest-Suspended License X X 32 Cases
63 Item 4.
2 Calls for Service Case Reports
Month YTD Month YTD
287 287 32 32
Alarms Citations
Residential Commercial MPAD Moving Parking Warning
Mo. YTD Mo. YTD Mo. YTD Mo. YTD Mo. YTD Mo. YTD
3 3 3 3 10 10 20 20 3 3 23 23
64 Item 4.
Offense Reported
in 2023
Reported
in 2022
Percent
Change
Offenses
Cleared
Percent
Cleared
Percent Of
Category
Rate Per
100,000*
Murder 0 0 NA 0 0.00% 0.00% NA
Negligent Manslaughter 0 0 NA 0 0.00% 0.00% NA
Justifiable Homicide 0 0 NA 0 0.00% 0.00% NA
Non-consensual Sex Offenses:
Rape 0 0 NA 0 0.00% 0.00% NA
Sodomy 0 0 NA 0 0.00% 0.00% NA
Sexual Assault with Object 0 0 NA 0 0.00% 0.00% NA
Fondling 0 0 NA 0 0.00% 0.00% NA
Aggravated Assault 2 0 NA 0 0.00% 100.00% NA
Simple Assault 0 0 NA 0 0.00% 0.00% NA
Intimidation 0 0 NA 0 0.00% 0.00% NA
Kidnapping/Abduction 0 0 NA 0 0.00% 0.00% NA
Consensual Sex Offenses:
Incest 0 0 NA 0 0.00% 0.00% NA
Statutory Rape 0 0 NA 0 0.00% 0.00% NA
Human Trafficking, Commercial
Sex Acts
0 0 NA 0 0.00% 0.00% NA
Human Trafficking, Involuntary
Servitude
0 0 NA 0 0.00% 0.00% NA
Crimes Against Persons Total 2 0 NA 0 0.00% 22.22% NA
Robbery 0 0 NA 0 0.00% 0.00% NA
Burglary/Breaking & Entering 0 0 NA 0 0.00% 0.00% NA
Larceny/Theft Offenses 5 7 -28.57% 0 0.00% 71.43% NA
Motor Vehicle Theft 0 0 NA 0 0.00% 0.00% NA
Arson 0 0 NA 0 0.00% 0.00% NA
Destruction Of Property 2 0 NA 0 0.00% 28.57% NA
Counterfeiting/Forgery 0 1 -100.00% 0 0.00% 0.00% NA
Fraud Offense 0 1 -100.00% 0 0.00% 0.00% NA
Embezzlement 0 0 NA 0 0.00% 0.00% NA
Extortion/Blackmail 0 0 NA 0 0.00% 0.00% NA
Bribery 0 0 NA 0 0.00% 0.00% NA
Stolen Property Offenses 0 0 NA 0 0.00% 0.00% NA
Crimes Against Property Total 7 9 -22.22% 0 0.00% 77.78% NA Drug/Narcotic Violations 0 0 NA 0 0.00% 0.00% NA
Drug Equipment Violations 0 0 NA 0 0.00% 0.00% NA
Gambling Offenses 0 0 NA 0 0.00% 0.00% NA
Pornography/Obscene Material 0 0 NA 0 0.00% 0.00% NA
Prostitution 0 0 NA 0 0.00% 0.00% NA
Weapons Law Violation 0 0 NA 0 0.00% 0.00% NA
Animal Cruelty 0 0 NA 0 0.00% 0.00% NA
Crimes Against Society Total 0 0 NA 0 0.00% 0.00% NA
Agency: All
Total Group "A" Offenses 9 9 0% 0 0.00% 100% NA
* Adjusted population base: 1 2023 Crime in California
Note: The Rate per 100,000 will be 'NA' when the Adjusted Population Base is Zero.
Group A Offense Report
Beginning Date: 01/01/2023 Ending Date: 01/31/2023
Printed On: 02/07/2023
65 Item 4.
Statewide Crime Profile
Group A Offense Report
Beginning Date: 01/01/2023 Ending Date: 01/31/2023
Printed On: 02/07/2023
66 Item 4.
DATE: February 28, 2023
TO: Honorable Mayor and City Council
FROM: John Guertin, City Manager
SUBJECT: Appointment of Vice Mayor for 2023
CEQA: Enactment of this action is not subject to the California Environmental Quality Act (CEQA) as it is not a project pursuant to Guidelines Section 15378 (b)(5) because it is an organizational or administrative activity of the City that will not result in direct or indirect physical changes in the environment.
Recommended Action
That the Council approve the appointment of Kim Shirley as Vice Mayor for the 2023 calendar year.
Discussion
California Government Code Section 36801 requires the appointment of a mayor pro tempore or Vice Mayor. Councilmember Shirley is the most experienced member on the Council and is most qualified to serve in this capacity.
Fiscal Impacts
None.
Respectfully Submitted,
_______________________________
John Guertin
City Manager
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72 Item 6.
RESOLUTION NO. 2023-01
A RESOLUTION OF THE DEL REY OAKS CITY COUNCIL AUTHORIZING
APPLICATION FOR, AND RECEIPT OF, CALIFORNIA CLIMATE INVESTMENT
FIRE PREVENTION GRANT PROGRAM FUNDS
WHEREAS, The Governor of the State of California in cooperation with the California State Legislature has enacted State of California Climate Investment, which provides funds to the State of California and its political subdivisions for fire prevention programs; and
WHEREAS, the State Department of Forestry and Fire Protection (Cal FIRE) has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies, non-profit organizations, and others under the program, and
WHEREAS, the applicant will enter into an agreement with the State of California to carry out the "City of Del Rey Oaks - Fire Prevention Program" project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Del Rey Oaks:
1. Approved the filing of an application for "California Climate Investment Fire Prevention Grant Program", and
2. Certifies that said applicant has or will have sufficient funds to operate and maintain the project, and,
3. Certifies that funds under the jurisdiction of the City Council of the City of Del Rey Oaks are available to begin the project.
4. Certifies that said applicant will expend grant funds prior to March 15, 2026.
5. Appoints City Manager or a designee, to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project.
73 Item 7.
PASSED AND ADOPTED as a resolution of the City Council of the City of Del Rey Oaks at a meeting held on this 28th day of February, 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Scott Donaldson, Mayor
ATTEST:
John Guertin, City Clerk
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Item A.
DATE: February 28, 2023
TO: Honorable Mayor and City Council
FROM: John Guertin, City Manager
SUBJECT: Receive and Update and Overview of the Brown Act CEQA: This action does not constitute a “project” as defined by the California Environmental Quality Act (CEQA) guidelines section 15378 as it will not result in direct or indirect physical changes in the environment.
Recommended Action
That the Council receive information regarding updates to the Brown Act.
Discussion
This Agenda Item and presentation will provide an overview of the Brown Act including new changes adopted in 2022. These changes went into effect January 1, 2023. Staff will work closely with Council in coming months to ensure compliance with these new obligations.
Brown Act Changes:
AB 2449: Brown Act teleconference for just cause and emergency.
Starting in March 2023, cities will no longer be able to use AB 361 to hold fully remote meetings due to the State of Emergency expiring. AB 2449 will allow individual council members to participate remotely for “just cause” or due to "emergency circumstances." “Just cause” is defined as one of the following: (i) a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely; (ii) a contagious illness that prevents a member from attending in person; (iii) a need related to a physical or mental disability as defined by statute; or (iv) travel while on official business of the legislative body or another state or local agency. “Emergency circumstances” means a physical or family medical emergency that prevents a member from attending in person.
The following requirements apply: A quorum of the legislative body must be established in a physical location in the jurisdiction; the public must be able to participate through a call-in option, via an internet-based service option, and at the in-person location of the meeting. Members may only participate remotely under AB 2449 a maximum of three consecutive months or 20% of the regular meetings within a calendar year.
116
Item B.
SB 1100: Open meetings: orderly conduct.
Under the Brown Act, legislative bodies may enact reasonable regulations governing public participation at open meetings, but governing bodies are forbidden from prohibiting “public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body.”
This bill sets forth a process to remove individuals when they are disrupting the meeting. A governing body must warn them that their behavior is disruptive and that if they do not stop their behavior, the governing body may remove them from the meeting. If the member of the public does not promptly cease their behavior, the governing body’s presiding member or their designee may order their removal.
Fiscal Impacts
None.
Respectfully Submitted,
_______________________________
John Guertin
City Manager
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