REGULAR MEETING OF THE CITY COUNCIL AGENDA
OF THE CITY OF DEL REY OAKS CITY COUNCIL
TUESDAY, MARCH 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 Bob 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 staff.
5. PRESENTATION:
A. 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. February 28, 2023, Regular City Council Meeting Minutes 1 B. MISCELLANEOUS: (CEQA: as to all, not a project per Guidelines Article 20, Section 15378)
1. Second Reading and Adoption of Ordinance #312 amending portions of TITLE 17 of the Del Rey Oaks Municipal Code regarding the definition of "Family", as well as establishing an Emergency Shelter overlay to allow emergency shelters by right in accordance with State Housing Laws.
C. MONTHLY REPORTS: (CEQA: as to all, not a project per Guidelines Article 20, Section 15378)
1. Fire Department Response Report, February 2023
2. Financials, February 2023 and February 2022
3. Police Activity Report, February 2023
8. OLD BUSINESS: None
9. NEW BUSINESS:
A. Authorize the City Manager to Enter into an Agreement with Denise Duffy & Associates to Develop the 6th Cycle Housing Element and Associated CEQA Review B. Housing Element Update by Denise Duffy & Associates
C. Consider 2022-23 Mid-Year Budget Adjustments
D. Consider Authorizing City Manager to Sign FORTAG Supplemental Agreement with the Transportation Agency for Monterey County for the Fort Ord Regional Trail and Greenway Project and to Approve Resolution 2023-04
E. Introduce and waive a full reading of an ordinance amending Section 10.08.030 of the Del Rey Oaks Municipal Code (DROMC) regarding parking vehicles on public property for more than 72 hours.
10. COUNCIL REPORTS:
A. Council Reports
11. CORRESPONDENCE:
A. TAMC Highlights
MST Highlights
Veteran's Advisory Committee
Thank you notes for Police
13. NEXT MEETING DATE: Tuesday, April 25, 2023 at 6:00pm
14. ADJOURNMENT
2 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 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 Chris Bourquin – Interim Chief of Police
Del Rey Oaks
Oath of Office
FOR PUBLIC OFFICERS AND EMPLOYEES
(State Constitution, Art. XX, Sec. 3 as amended)
State Of California
ss.
County of Monterey
I, Juan Gomez, do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. _________________________________
Juan Gomez, Police Officer
Subscribed and sworn to before me, this 28th day of March 2023 ____________________________________
Chris Bourquin, Interim Chief of Police
DEL REY OAKS POLICE DEPARTMENT
650 CANYON DEL REY ROAD - DEL REY OAKS, CA 93940
PHONE: (831)-394-9333 FAX: (831)-394-1596
}
4 Item A.
City of Del Rey Oaks
City Hall
650 Canyon Del Rey Blvd
Del Rey Oaks, CA 93940
Action Minutes
Tuesday February 28, 2023 - 6:00 PM
City Council – Regular Meeting
Del Rey Oaks City Council
Scott Donaldson – Mayor
Kim Shirley – Vice Mayor
Jeremy Hallock – Councilmember
John Uy – Councilmember
Bill Ragsdale-Cronin - Councilmember
5 Item 1.
6:00 PM – Called to Order:
The meeting was called to order by Mayor Donaldson.
Roll Call:
Present: Mayor Donaldson, Councilmember Shirley, Councilmember Hallock, Councilmember Uy and Councilmember Bill Ragsdale-Cronin
Absent: None
Pledge of Allegiance:
Mayor Donaldson led the Pledge of Allegiance
Public Comment:
Frederica Jones: 12 years ago concrete hunks from Fort Ord demolition containing asbestos were sent as waste to Utah. MPE must make regular disclosures to residents concerning their activities on a site here.
Gary Kreeger: Would like the Council to consider a ban on gas powered blowers that cause noise and pollution.
Public Comment is closed
Presentations:
Central Coast Community Energy Presented by Sophia Schwirzke (Customer Accounts Manager): Explained how 3CE procures electricity from many different sources and provides power to 34 agencies in 5 counties. They have adopted a ‘cost of service’ model that will eventually save customers 18% once they are thoroughly de-coupled from PG&E. They have contributed millions in community investments to schools, housing and individuals.
Council Member Ragsdale-Cronin: Asks about funding to replace outdated solar panels.
Council Member Shirley: Requests info about how many people are currently enrolled in DRO.
Council Member Uy: Wants to know what the common misconceptions are and if rates are competitive.
Ms. Schwirzke: Replies that we have a local rep named Judy Young who can answer the first 2 questions and that 3CE is community owned, there are 19 sources of energy currently and there are no investors involved.
(Swearing in ceremony for Police Officer Juan Gomez will take place at a later date) CONSENT AGENDA: Action Items
A. MINUTES: (CEQA: as to all, not a project per Guidelines Article 20, Section 15378)
6 Item 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 California-American 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)
Council Member Ragsdale Cronin: Pulls item A1
Council Member Shirley: Pulls items C6, C9 and C10
Mayor Donaldson: Pulls item C7, asks if Public wants any item pulled and hearing none he requests a motion to approve the remaining items on the consent agenda.
A motion was made by Council Member Shirley to approve the remaining Consent Agenda items, Seconded by Council Member Hallock seconds. Motion passed unanimously.
Council Member Ragsdale Cronin: In the meeting minutes from February 9 Don Gruber stated that he and Louise Goetzelt were opposed FORTAG and he wants to correct the record because he supports the FORTAG project.
City Manager Guertin: There were some version control issues with the appointment list and the corrections are: Regen does not need an alternate and Hallock is the CHS appointee and has already attended meetings.
7 Item 1.
Council Member Shirley: Has been appointed to Seaside Groundwater Basin Watermaster Board and wants Ragsdale Cronin as her alternate due to his experience. Planning Commission vacancies application period ends March 20. Parks and Recreation Committee would like to add members. When will those ‘vacancies’ be filled? Police Advisory Committee also has upcoming vacancies.
City Manager Guertin: The Parks and Recreation committee cannot add members at this time because there are no vacancies and all the committees must be formalized with bylaws and rules about how they are governed.
Mayor Donaldson: Asks Council Member Hallock if he would mind being replaced by Council Member Ragsdale Cronin as Council Member Shirley requested and Hallock agrees to the change. He then discussed item C7 and acknowledges the efforts of Public Works Director Ron Fucci for this work on applying for the grant.
Council Member Shirley and Council Member Uy: Asked that item C9 be added to the agenda.
Frustrated that CalAm is preventing progress on the Pure Water expansion. Wants the council to support our public agencies by writing a letter to CPUC demanding that CalAm sign the agreement so the expansion can proceed.
Mayor Donaldson: Attended the Monterey One meeting and they considered a letter signed by all affected cities, received input from their legal team and produced one for everyone to sign.
That letter is different than the one in the packet because the new letter was received the morning of February 28.
After discussion there is agreement on changes to the letter .
Council Member Shirley: Regarding item C10 there is an error on page 89 and on page 91 the airport is mentioned. Wants the council to work with the airport. Residents are sometimes concerned and we don’t get any updates from the airport. Wants to invite them to a council meeting. Also wants a timeline for the Housing Element from Denise Duffy.
City Manager Guertin: There is a joint meeting of the City Council and Planning Commission being planned where the Housing Element can be discussed. Staff is checking everyone’s availability for March 16.
Denise Duffy: The intent of the housing element and general plan partnership course is to identify what you have accomplished in the past year, to answer how have you implemented these policies.
Public Comment:
Gary Kreeger: The water letter is important because we have to keep up pressure on Cal Am Jim Clark: Business owner who looks at this differently and thinks we are only getting one side of the story from Monterey One. Cal Am is not talking about their side of the story. Also wonders what will happen to Cal Am employees who live here and pay property taxes. Concerned about unintended consequences.
Public Comment is closed.
Mayor asks for a Motion to approve Consent agenda items A1B, C6, 7 9 & 10.
Motion made by Council Member Shirley, Seconded by Council Member Hallock. Motion passed unanimously.
8 Item 1.
OLD BUSINESS: There is none to consider.
NEW BUSINESS:
A: Consider adoption of Policy Regarding Use of Electronic Devices During City Meetings
City Manager Guertin: Issue many California cities are discussing as we come out of the pandemic, got a little lax in how we conduct our business. It is starting to affect us all, knows we are all interested in being transparent and working for the community in an open fashion. Don’t want to give anyone the impression there might be backroom deals. No perception of distraction while doing business in front of the public. Council must all agree to be held to these standards.
Asked colleagues around the state for examples of their policies regarding personal devices.
Everyone has been issued and is using city computers, in part to see PowerPoint presentations more easily. Brown Act is quiet on this, it was written in the 70’s.
Council Member Cronin: This is a good idea, we should only do the city’s business during meetings.
Council Member Shirley: Asks about due process and whether or not an email or text from someone about an issue being discussed must be shared with the public City Manager Guertin: Yes, that communication should be shared.
City Attorney Lorca: Council representation is quasi-judicial and anything influencing your decision making should be shared.
Council Member Hallock: Policy is thorough and should be implemented.
Council Member Uy: Can’t judge the effectiveness of the policy until it has been implemented and enforced.
Mayor Donaldson: Appreciates the comments of Council and City Manager and points out that the use of the City laptops saves time and resources compared to when binders had to be prepared.
Public Comment:
Resident George Jaksha: Perception is everything and at the last Council meeting when the new it appeared that a person were staring at their screen and waiting for direction.
Public Comment closes.
Motion to Adopt the Policy made by Council Member Ragsdale Cronin, Seconded by Council Member Hallock, Motion passed unanimously.
Brown Act Overview and Update Presented by City Attorney Alex Lorca.
Attorney Lorca: There shouldn’t be discussion of City business, council members must have just cause to attend electronically.
City Manager Guertin: Hybrid meetings are not an option at this time. 9 Item 1.
Councilman Ragsdale-Cronin: Asks about people in the audience making disparaging comments.
Attorney Lorca: There is a broad right to freedom of speech for the public Councilman Shirley: Can the public ‘Zoom in’ if they aren’t not feeling well? City Manager Guertin: It is not technically possible to do hybrid meetings at this time.
Councilman Hallock: What is the cancellation policy for in-person meetings? Attorney Lorca: It has to be posted on the door.
Councilman Uy: Has the Brown Act ever been challenged?
Attorney Lorca: No, never challenged.
Public Comment: None
Councilman Shirley: Can I ‘Zoom in’ if I’m not feeling well.
Councilman Ragsdale-Cronin: Use one-time money to make hybrid possible for more public involvement.
Councilman Uy: There are a few members of the public online, people are scared to come to meetings. Suggests hiring an intern to run hybrid meetings.
Mayor Donaldson: There is no action needed to be taken on this item. Could do a feasibility study and timeline for implementing AB2449. Next item is correspondence which is in the packet and there is a staff report from City Manager Guertin.
City Manager Guertin: Coming out of Covid and meeting with other City Managers to discuss issues. Also focusing on collaborations with partner agencies. Some examples: PD is working with the DEA and being reimbursed for that time, met with PG&E rep about issues with the easement, talking to Sand City about sharing resources such as IT and HR staff. Ron has now added grantwriting to his list of skills and is working with CalAm on a grant to beautify the park and the ‘islands’ in the neighborhoods and transition them to drought resistant plants. Also getting a grant for $10,000 from our insurance group to address trip hazards. Basketball court is complete and DRO has weathered the recent rains better than surrounding areas due to our pro-active programs. For example there is no longer a flooding issue on South Boundary Road and we have no damages to report to FEMA.
CLOSED SESSION; As permitted by Government Code Section 54956 et. Seq. the Council may adjourn to a Close Session to consider specific matters dealing with certain litigation, personnel, or labor/real 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
10 Item 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.
City Attorney Lorca: No reportable action taken on either item.
NEXT MEETING DATE:
Tuesday, March 28, 2023 at 6:00pm
ADJOURNMENT: 9:16 pm
Attest: Date:
------------------------------------------ ------------------------------------------------- 11 Item 1.
{AJL-01396124;1}
DATE: March 28, 2023
TO: Mayor and City Council Members
John Guertin, City Manager
FROM: Denise Duffy, Planning Consultant
SUBJECT: SECOND READING OF AN ORDINANCE TO AMEND THE DEFINITION OF “FAMILY” IN THE DEL REY OAKS MUNICIPAL CODE (“MUNICIPAL CODE”) AND TO ALLOW FOR THE USE OF EMERGENCY SHELTERS
WITHIN CERTAIN ZONING DISTRICTS OF THE CITY
(SECOND READING)
Recommendation
It is recommended the City Council hold second reading of the Ordinance and adopt it.
Summary & Discussion
On December 14, 2022, the Planning Commission voted unanimously to recommend that the City Council adopt the ordinance. On March 16, 2023, the City Council held a public hearing and approved a first reading of the Ordinance. Before voting to introduce the Ordinance, a typographical correction was made and was included in the introduction of the Ordinance, and is included for the second reading.
Environmental Determination
The Ordinance has been determined to be exempt from CEQA review pursuant to State CEQA Guidelines Section 15061(b)(3). This section of CEQA establishes a statutory exemption where “The activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” Also, and as a separate and independent basis, pursuant to Government Code section 65583(a)(4)(B) this Ordinance is not a discretionary act subject to CEQA review.
ATTACHMENTS:
1. Draft Ordinance.
Staff Report
12 Item 1.
{AJL-01396124;1}
ORDINANCE NO. 312
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL REY OAKS, CALIFORNIA, TO AMEND THE DEFINITION OF “FAMILY” IN THE DEL REY OAKS MUNICIPAL CODE (“MUNICIPAL CODE”) AND TO ALLOW FOR THE USE
OF EMERGENCY SHELTERS WITHIN CERTAIN ZONING DISTRICTS OF THE CITY
WHEREAS, California State law requires that all local governments adopt a Housing Element as one of the seven mandated elements of the General Plan; and WHEREAS, in 2007, the State of California passed Senate Bill 2 (“'SB2”), the “Emergency Shelter Act,” to clarify and strengthen housing element law to ensure local zoning encourages and facilitates emergency shelters and limits the denial of emergency shelters and transitional and supportive housing under the State’s housing element law (Government Code Sections 65580 - 65589.8); and
WHEREAS, the City’s Planning Staff has evaluated land use and zoning opportunities and constraints to determine ways to best meet the requirements of SB2, while at the same time balancing community safety, needs and resources; and WHEREAS, additionally, the City desires to amend the definition of “family” in the Municipal Code to align with current State law; and
WHEREAS, the Planning Commission of the City of Del Rey Oaks, California, on the 14th day of December, 2022, held a duly noticed Public Hearing and recommended approval to the City Council of Zoning Ordinance Amendments to the Del Rey Oaks Municipal Code, as identified by Title of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Del Rey Oaks, California as follows:
SECTION 1. The foregoing recitals are adopted as findings of the City Council as though set forth fully herein.
SECTION 2. Section 17.04.150 of the Municipal Code shall be amended as follows with text shown in strikethrough being deleted, and text shown in bold italic being added:
Family means a person or persons, related by blood, marriage or adoption, or a group of not more than four persons, excluding necessary employed servants, not related by blood, marriage or adoption, living together as a single housekeeping unit. “Family means one or more persons living together in a dwelling unit as a single housekeeping unit.”
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{AJL-01396124;1}
SECTION 3. Chapter 17.80 is added to the City of Del Rey Oaks Municipal Code as follows:
"Chapter 17. 80 – Emergency Shelters
Section 17.80.010: Purpose and Intent
The purpose of this Chapter is to establish standards for emergency shelters, as defined herein, within the City. This Chapter is intended to address emergency shelters in order to comply with the requirements of State law under California Government Code Section 65580 et seq.
Section 17.80.020: Definition of Emergency Shelters “Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.
Section 17.80.030: Standards
Emergency shelters shall be permitted as a principally permitted use in the C-1 Zoning District, subject to the location restrictions identified in this section.
In addition to the development standards in the underlying zoning district, emergency shelters shall comply with the standards set forth in this section. Any application for an emergency shelter facility located the C-1 Zoning District that meets the following performance, development, design, and managerial standards (“Standards”) shall not require a discretionary permit, per Section 65583(a)(4) of the California Government Code:
1. Emergency shelters shall obtain and maintain in good standing all required licenses, permits and approvals from City, county, state and federal agencies or departments and demonstrate compliance with all applicable building and fire codes.
2. The emergency shelter shall conform to all property development standards of the zoning district in which it is located, except as modified by these Standards.
3. The length of stay of an individual client shall not exceed six months within a 12-month period.
4. The maximum number of beds for emergency shelters shall be 16 unless a conditional use permit is approved to permit additional beds.
5. External lighting shall be provided for security purposes. The lighting shall be stationary and directed away from adjacent properties and the public right-of-way.
6. No more than one emergency shelter shall be permitted within a radius of 300 feet from another such shelter when measured from the closest property lines.
7. Parking facilities shall be designed to provide one space per staff member. A secured area for bicycle parking shall be provided for use by staff and clients, commensurate with demonstrated need, but no less than a minimum of four bicycle spaces. 14 Item 1.
{AJL-01396124;1}
8. A client waiting and intake area shall be provided as interior space and contain a minimum of 10 square feet per bed provided at the facility, and a minimum size of 100 square feet of floor area.
9. Adequate storage for personal belongings shall be provided.
10. The City may inspect the facilities during business hours for compliance with the management plan and any other applicable regulations and standards.
11. A minimum of one staff person or agent shall be on duty and awake when the facility is in operation. Twenty-four-hour security shall be provided.
12. Management plan. The applicant or operator shall submit a management and operation plan for the emergency shelter review and approval by the City Manager prior to approval of a business license. The plan shall include, but not be limited to, the following:
a. Security.
b. Staff training.
c. Neighborhood relations.
d. Pet policy.
e. Client intake process.
f. List of services provided.
g. Facility maintenance.
h. Refuse control.
i. Amenities, such as hours of operation, cooking/dining facilities, laundry facilities and activity policies.
j. Anti-discrimination policies.
The plan may be reviewed as needed by the City with revisions made by the operator.
In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply.”
SECTION 4. Section 17.24.020 of the Del Rey Oaks Municipal Code shall be amended as follows, with deletions shown in strikethrough and additions shown in bold, italic:
“17.24.020 Permitted principal uses.
In the C-1 districts, the following principal uses are permitted:
A. Retail Stores:
1. Bakery shops, including baking only when incidental to retail sales from the premises;
2. Bookstore;
3. Children's wearing apparel stores;
4. Cigar or tobacco stores;
5. Confectionery or candy stores;
15 Item 1.
{AJL-01396124;1}
6. Delicatessens;
7. Dressmaking or millinery only when incidental to retail sales from the premises;
8. Drug stores;
9. Florist shops;
10. Dry goods or notions stores;
11. Food markets;
12. Garden supplies stores;
13. Gift stores;
14. Hardware stores;
15. Hobby supply stores;
16. Ice cream stores;
17. Jewelry stores with incidental repairs;
18. Liquor stores;
19. Newsstands;
20. Photograph shops;
21. Restaurants, cafes, soda fountains (no floor shows, dancing or drive-in car service);
22. Stationery stores;
23. Toy stores;
24. Emergency shelters.”
SECTION 5. Environmental Determination. The Ordinance has been determined to be exempt from CEQA review pursuant to State CEQA Guidelines Section 15061(b)(3). This section of CEQA establishes a statutory exemption where “The activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” Also, and as a separate and independent basis, pursuant to Government Code section 65583(a)(4)(B) this Ordinance is not a discretionary act subject to CEQA review.
SECTION 6. This ordinance shall take effect thirty (30) days following its final adoption.
SECTION 7. The City Manager and City Clerk are directed to perform all tasks necessary to implement this ordinance.
SECTION 8. Severability. If any provision, section, paragraph, sentence, clause, or phrase of this ordinance, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, or any part thereof, or its 16 Item 1.
{AJL-01396124;1}
application to other persons or circumstances. The City Council hereby declares that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subparagraphs, sentences, clauses, or phrases, or the application thereof to any person or circumstance, be declared invalid or unconstitutional.
SECTION 9. Publication. The City Clerk of the City of Del Rey Oaks, California, is hereby directed to publish a summary of the ordinance in a newspaper of general circulation.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Rey Oaks, California, at its regular meeting held on the 28th day of March, 2023, by the following vote:
AYES:
ABSENT:
ABSTAIN:
___________________________
Scott Donaldson, Mayor
ATTEST:
___________________________________
John P. Guertin, City Clerk
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36 Item 2.
1 City Council Report
FEB 2023
Chris Bourquin
Interim Chief
Case # Date Offense Code 1 Offense Code Description
DROMPADOJResidentialCommercial
23-033 02/02/2023 Missing Person X X
23-034 02/04/2023 530.5(A) PC Identity Theft X X
23-035 02/07/2023 273.6(A) PC Violation of Protective Order X X 23-036 02/07/2023 484(A) PC Theft X X
23-037 02/07/2023 Outside Warrant/M Arrest X
23-038 02/08/2023 602(L)(1) PC Trespass X X
23-039 02/08/2023 415(1) PC Disturbance X X
23-040 02/09/2023 ACPP Traffic Collision X X
23-041 02/10/2023 484(A) PC Theft X X
23-042 02/11/2023 Found Property X x
23-043 02/11/2023 Information Only X X
23-044 02/11/2023 530.5(A) PC Identity Theft X X
23-045 02/12/2023 Information Only X X
23-046 02/15/2023 Death Investigation X X
23-047 02/16/2023 Information Only X X
23-048 02/16/2023 23110(A) VC Throwing Substance at Vehicle X X 23-049 02/16/2023 Information Only X X
23-050 02/17/2023 530.5(A) PC Identity Theft X X
23-051 02/18/2023 1203.2(A) PC Probation Violation
23-052 02/18/2023 415(1) PC Disturbance X X
23-053 02/19/2023 415(1) PC Disturbance X X
23-054 02/19/2023 484(A) PC Theft X X
23-055 02/19/2023 14601.2(A) VC Driving with Suspended License X X 23-056 02/22/2023 484G PC Fraudulent use of Credit Card X X 23-057 02/22/2023 484(A) PC Theft X X
23-058 02/22/2023 ACN Traffic Collision X X
23-059 02/23/2023 Information Only X X
23-060 02/24/2023 23152(B) VC Driving under the influence X X 23-061 02/25/2023 Surrendered Property X X
23-062 02/25/2023 484(A) PC Theft X X
23-063 02/25/2023 484(A) PC Theft X X
23-064 02/27/2023 Information Only X X
32 Cases
37 Item 3.
2 Calls for Service Case Reports
Month YTD Month YTD
305 593 32 64
Alarms Citations
Residential Commercial MPAD Moving Parking Warning
Mo. YTD Mo. YTD Mo. YTD Mo. YTD Mo. YTD Mo. YTD
3 6 5 8 5 15 13 33 7 10 21 44
38 Item 3.
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 0 0 NA 0 0.00% 0.00% NA
Simple Assault 1 0 NA 0 0.00% 50.00% NA
Intimidation 1 0 NA 0 0.00% 50.00% 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% 16.67% NA
Robbery 0 0 NA 0 0.00% 0.00% NA
Burglary/Breaking & Entering 0 1 -100.00% 0 0.00% 0.00% NA Larceny/Theft Offenses 6 3 100.00% 2 33.33% 60.00% 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 0 2 -100.00% 0 0.00% 0.00% NA
Counterfeiting/Forgery 0 0 NA 0 0.00% 0.00% NA
Fraud Offense 4 0 NA 0 0.00% 40.00% 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 10 6 66.67% 2 20% 83.33% NA Drug/Narcotic Violations 0 1 -100.00% 0 0.00% 0.00% NA
Drug Equipment Violations 0 1 -100.00% 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 1 -100.00% 0 0.00% 0.00% NA
Animal Cruelty 0 0 NA 0 0.00% 0.00% NA
Crimes Against Society Total 0 3 -100% 0 0.00% 0.00% NA Agency: All
Total Group "A" Offenses 12 9 33.33% 2 16.67% 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: 02/01/2023 Ending Date: 02/28/2023
Printed On: 03/06/2023
39 Item 3.
Statewide Crime Profile
Group A Offense Report
Beginning Date: 02/01/2023 Ending Date: 02/28/2023
Printed On: 03/06/2023
40 Item 3.
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% 50.00% NA
Simple Assault 1 0 NA 0 0.00% 25.00% NA
Intimidation 1 0 NA 0 0.00% 25.00% 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 4 0 NA 0 0.00% 19.05% NA
Robbery 0 0 NA 0 0.00% 0.00% NA
Burglary/Breaking & Entering 0 1 -100.00% 0 0.00% 0.00% NA Larceny/Theft Offenses 11 10 10.00% 3 27.27% 64.71% 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 2 0.00% 0 0.00% 11.76% NA
Counterfeiting/Forgery 0 1 -100.00% 0 0.00% 0.00% NA
Fraud Offense 4 1 300.00% 0 0.00% 23.53% 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 17 15 13.33% 3 17.65% 80.95% NA Drug/Narcotic Violations 0 1 -100.00% 0 0.00% 0.00% NA
Drug Equipment Violations 0 1 -100.00% 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 1 -100.00% 0 0.00% 0.00% NA
Animal Cruelty 0 0 NA 0 0.00% 0.00% NA
Crimes Against Society Total 0 3 -100% 0 0.00% 0.00% NA Agency: All
Total Group "A" Offenses 21 18 16.67% 3 14.29% 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: 02/28/2023
Printed On: 03/06/2023
41 Item 3.
Statewide Crime Profile
Group A Offense Report
Beginning Date: 01/01/2023 Ending Date: 02/28/2023
Printed On: 03/06/2023
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{AJL-01395586;2} 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 Chris Bourquin – Interim Chief of Police
DATE: March 28, 2023
TO: Mayor Donaldson and Members of the City Council
FROM: Chris Bourquin, Interim Chief of Police
SUBJECT: Introduce and waive a full reading of an ordinance amending Section 10.08.030 of the Del Rey Oaks Municipal Code (DROMC) regarding parking vehicles on public property for more than 72 hours.
CEQA: Not subject to the California Environmental Quality Act (CEQA) as it is not a project pursuant to Guidelines Section 15378. In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15061(b)(3), this ordinance is not subject to CEQA review.
RECOMMENDATION:
That the City Council introduce and waive a full reading of an ordinance amending Section
10.08.030 of the DROMC regarding parking vehicles on public property for more than 72 hours.
DISCUSSION:
The City of Del Rey Oaks and the Del Rey Oaks Police Department have received numerous complaints from residents about vehicles parked on the streets, without being moved, for extended periods of time.
Currently, DROMC Section 10.08.030 provides “No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of 72 hours. Any vehicle so parked is declared to be a public nuisance and the chief of police may remove it, or cause it to be removed pursuant to Vehicle Code….” While this Section allows the Police Department to remove a vehicle parked on public property in the same spot for 72 hours or more, it fails to address how far a vehicle must be moved to reset the 72 hour “consecutive period,” and for how long.
DEL REY OAKS POLICE DEPARTMENT
650 CANYON DEL REY ROAD - DEL REY OAKS, CA 93940
PHONE: (831)-394-9333 FAX: (831)-394-1596
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Item E.
{AJL-01395586;2} 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 Chris Bourquin – Interim Chief of Police
The draft ordinance would require a vehicle to be moved at least 100 liner feet, and for a period of at least 24 hours, to reset the 72 hour consecutive period.
The required movement prevents those who have custody or control over inoperable vehicles from pushing them a few feet forward or back in order to technically comply with the current requirements. Additionally, the requirement not to reoccupy the original space for 24 hours gives others living in the area a chance to use that vacant space.
FISCAL IMPLICATIONS:
There will be no costs in implementing this ordinance modification.
ALTERNATIVES CONSIDERED:
The City Council may decide not to adopt the ordinance.
Attachments: None
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