Agenda packet — Del Rey Oaks City Council, December 19, 2023

REGULAR CITY COUNCIL MEETING AGENDA

OF THE CITY OF DEL REY OAKS CITY COUNCIL
TUESDAY, DECEMBER 19, 2023 AT 6:00 PM
Del Rey Oaks City Hall is inviting you to an IN-PERSON MEETING AT CITY HALL

PLEASE NOTE THIS WILL BE LIVE STREAMED FOR VIEWING ONLY

YOU WILL NOT BE ABLE TO MAKE PUBLIC COMMENTS ON ZOOM
Join Zoom Meeting
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1. ROLL CALL - Council

2. PLEDGE OF ALLEGIANCE

3. 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.

4. CONSENT AGENDA:

A. MINUTES: (CEQA: as to all, not a project per Guidelines Article 20, Section 15378)

1. November 14, 2023, Regular City Council Meeting

2. November 8, 2023, Regular Planning Commission Meeting B. MONTHLY REPORTS: (CEQA: as to all, not a project per Guidelines Article 20, Section 15378)

1. Financials November 2022 - November 2023

2. Fire Department Response Report, November 2023

3. Police Activity Report, November 2023
1 C. MISCELLANEOUS: (CEQA: as to all, not a project per Guidelines Article 20, Section 15378)

1. Approval of 2024 Regional Agencies Boards & Committees Representatives Appointment List

2. Approval of the 2024 City Meeting Calendar

3. Approval of Appointment of Councilmember John Uy as Vice Mayor for the 2024 calendar year

4. Consider a Contribution of $2,500 to the Monterey County Business Council as part of a Regional Local Match for the MCBC to host the Small Business Development Center

5. Authorize the Establishment of a Deputy City Clerk/Permit Clerk Position in the Fiscal Year 2023-24 Budget

5. OLD BUSINESS: None

6. NEW BUSINESS:

A. Adopt Resolution 2023-22 to Approve Professional Services Agreements with Whitson Engineers and Denise Duffy & Associates for Engineering and Environmental Services for the South Boundary Road Realignment and General Jim Moore Blvd. Intersection Project B. First Reading of Tobacco Retailer License Ordinance and Smoke Free Public Place Ordinance

7. STAFF REPORTS:

A. Council Reports

8. CORRESPONDENCE:

B. TAMC Highlights
MST Highlights

9. NEXT MEETING DATE:

10. 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. 2 City of Del Rey Oaks
City Hall
650 Canyon Del Rey Blvd
Del Rey Oaks, CA 93940
Action Minutes
Tuesday November 14, 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
3 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 Ragsdale-Cronin and Councilmember Uy.

Absent: None
Also Present: City Manager Guertin, Chief Bourquin, City Attorney Lorca, and City Clerk Minami
Pledge of Allegiance:

Mayor Donaldson led the Pledge of Allegiance
Public Comment: None

PUBLIC COMMENT IS CLOSED
CONSENT AGENDA: Action Items
A. MINUTES: (CEQA: as to all, not a project per Guidelines Article 20, Section 15378)

1. October 18, 2023 Special City Council Meeting Minutes

2. October 24, 2023 Regular City Council Meeting Minutes

3. October 11, 2023 Regular Planning Commission Meeting Minutes B. MONTHLY REPORTS: (CEQA: as to all, not a project per Guidelines Article 20, Section 15378)

1. Financials, October 2023

2. Fire Department Response Report, October 2023

3. Police Activity Report, October 2023
C. MISCELLANEOUS: (CEQA: as to all, not a project per Guidelines Article 20, Section 15378) None
4 Item 1.

A motion was made by Council Member Hallock, seconded by Vice Mayor Shirley to approve the consent agenda item as presented.

Motion passes unanimously 5-0
NEW BUSINESS:

A. Receive a presentation from City Planner Denise Duffy and Associates on the State of California Department of Housing and Community Development’s comment on the City’s 6th Cycle Housing element draft and consider revisions. Denise Duffy is ill. John Guertin and Troy Lawson take questions and comments from the City Council.

City Manager Guertin: Shared the slide show and explained the progress, timeline, and HCD’s comments. Standard checklist that HCD follows. Will need modification to the ADU ordinance. There are fines if we miss December 15th deadline. A lot of opportunity to make comments and ask questions, with all of the meetings we have had in the last year. The next meeting will be the final meeting for comments.

Council Member Uy: Wants to incorporate Blue Zone.

City Manager Guertin: Being able to afford being housing is a key to healthy living.

Vice Mayor Shirley: When does K1 and K2 sites become “needed”. Affirmative action and integrated affordable housing.

Troy Lawson: Better transportation with mixed community opportunities.

City Manager Guertin: Other issues to prepare K1 and K2 sites, beyond water and then it will be rezoned.

Mayor Donaldson: Thanks everyone for the hard work.

Council Member Uy: There are ways to apply for federal funding.

Mayor Donaldson: We have REAP funding.

Public Comment:

Mike Obrien: Too expensive, will this fall on city and taxpayers like 20 year ago. The county will take us and we will be bankrupt.

PUBLIC COMMENT IS CLOSED
City Manager Report: Storm session is coming, reminds folk about storm drainage to clear. Great job by Ron and Gab. Crew for fire fuel reduction project

NEXT MEETING DATE: Tuesday, December 19, 2023 at 6:00pm ADJOURNMENT: 6:55pm
Attest: Date:
------------------------------------------ ------------------------------------------------- 5 Item 1.

City of Del Rey Oaks
City Hall
650 Canyon Del Rey Blvd
Del Rey Oaks, CA 93940
Action Minutes
Wednesday, November 8, 2023 - 6:00 PM
Planning Commission – Regular Meeting
Del Rey Oaks Planning Commission
Mike Hayworth – Chair
Denise Wood – Vice Chair
George Jaksha – Commissioner
Gary Kreeger – Commissioner
Louise Goetzelt - Commissioner
Ann Ahmadi – Commissioner
Celine Pinet - Commissioner
6 Item 2.
6:00PM – Called to Order:

The meeting was called to order by Chair Hayworth.

Roll Call:

Present: Chair Hayworth, Commissioner Jaksha, Commissioner Amadi, and Commissioner Goetzelt, Commissioner Kreeger, Commissioner Pinet, Vice Chair Wood.

Staff Present:

City Manager Guertin and City Clerk Minami
Pledge of Allegiance:

Chair Hayworth led the Pledge of Allegiance.

Consent Agenda:

A. Adopt October 11, 2023, Planning Commission Meeting
Minutes
A motion to approve was made by Commissioner Goetzelt and seconded by Commissioner Pinet. Minutes were approved 7-0
Public Comment: None
Reports:

The Building Activity Report was accepted unanimously.

Old Business:

None
New Business:

A. Planning Commission will receive presentation on State of California Department of Housing and Community Development Comments on 6th Cycle Housing Element draft and consider revisions. Denise Duffy and Associates Denise Duffy shared a detailed slide show and took questions and comments from Planning Commissioners, while reviewing the timeline and progress of the comments from HCD. Information item only, no action was taken.
7 Item 2.

Public Comment: None
Announcements:

Commissioner Kreeger: Reminds all about Holiday function on Dec. 2nd.

Next Meeting Date: Wednesday, December 13, 2023 at 6pm
Adjournment:
6:40 pm
Attest: Date:
------------------------------------------ ---------------------------------------------- 8 Item 2.

Staff Report
General Fund
DATE: December 19, 2023
TO: Honorable Mayor and Members of the City Council
FROM: John Guertin, City Manager
SUBJECT: Receive November 2023 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 November 2023.

Background
The City Council routinely receives financial reports for the previous month.

Summary & Discussion
Attached are the November financial reports.
• November 2023 Cash Balances – The report shows where the City’s funds are invested. The City continue to have a healthy cash balance $12,894,865 of which $4,247,276 are unrestricted.
• November 2023 Checks Issued Register –This is a listing of all the payments issued during the month. The total checks issued of $179,411.
• November 2023 General Fund Summary – This is a one-page summary of the General Fund, the City’s main operating fund. For the month of November, the General Fund shows revenue of $359,226. As of 11/30/2023 the General Fund shows an operating deficit of $82,621. At

41.67% of the year (5 months) the revenues are slightly lower at 37.42% and the expenditures are at 39.18% of the budget. The Property Taxes at 16.3% of the budget are received only twice a year, December and April.
• November 2023 YTD Budget v. Actual Detail – This report shows the line-item detail for all revenues and expenditures by fund and department.
9 Item 1.

Fiscal Impacts
None. This is informational only.

Recommendation
Staff recommends receiving the reports.

ATTACHMENTS:
• November 2023 Cash and Investment
• November 2023 Checks Register
• November 2023 General Fund Summary
• November 2023 YTD Budget v. Actual Detail
Respectfully Submitted,
_______________________________
John Guertin
City Manager
10 Item 1.

Accounts
Unrestricted
General Checking $ 364,083.24
Local Agency Investment Fund
Reserve for Economic Uncertainties 1,652,182.00 3.840%
Unappropriated Funds 2,231,010.49 3.840%
Total Unrestricted 4,247,275.73
Restricted
PARS 313,545.79
Dev - Monterey Peninsula Partner 9,062.62
Fidelity Title Escrow Acct - GJM/SBR Intersection 1,056,168.00 Fidelity Title Escrow Acct - SBR Construction 7,268,813.00 Total Restricted 8,647,589.41
Total Cash and Investments $ 12,894,865.14
City of Del Rey Oaks
Summary of Cash & Investments
As of 11/30/2023
11 Item 1.

Check Number Payee Transaction Description Check Amount 113023 ADP ADP fees 584.83
113024 PERS Retired Annuitant Fee 1,400.00
113025 P.E.R.S.-HEALTH CalPERS 1800 Health 11/2023 28,507.37 113026 SHELL FLEET PLUS-WEX BANK Fuel fees 10/2023 707.93 113027 WEX BANK-CHEVRON Fuel charges for 10/2023 3,498.56 21704 AT&T MOBIILITY Acct #287290891231 Mobile Servvice Period 11-03-23 to 12-02-23 613.80 21705 CALIFORNIA-AMERICAN WATER Acct #1015-210018796550 Service Period 09-20-23 to 10-19-23 46.32 CALIFORNIA-AMERICAN WATER Acct #1015-210018799016 Service Period 09-20-23 to 10-19-23 39.54 CALIFORNIA-AMERICAN WATER Acct #1015-210018869991 Service Period 09-20-23 to 10-20-23 175.70 CALIFORNIA-AMERICAN WATER Acct #1015-210021092445 Service Period 09-20-23 to 10-19-23 43.18 CALIFORNIA-AMERICAN WATER Acct #1015-210021255352 Service Period 09-20-23 to 10-19-23 35.33 CALIFORNIA-AMERICAN WATER Acct #1015-210021327653 Service Period 09-20-23 to 10-19-23 149.07 CALIFORNIA-AMERICAN WATER Acct #1015-210021396208 Service Period09-20-23 to 10-19-23 64.33 CALIFORNIA-AMERICAN WATER Acct #1015-210021397607 Service Period 09-20-23 to 10-19-23 114.92 21706 CORONADO DEISEL MOBILE SERVICES Inv #011181 Service Call - Power Mower 389.92 CORONADO DEISEL MOBILE SERVICES Inv 011182 - Service Call -repair Cheaper 179.62

CORONADO DEISEL MOBILE SERVICES
Service Call - Lube Job & Safety Inspection. Replaced Damaged Water Pump 2,211.92
21707 Express Services, Inc Acct #20340225 Admin Assistant for 09/24/2023 429.00 Express Services, Inc Acct #20340225 Admin Assistant for 10-15-23 511.50 Express Services, Inc Acct #20340225 Admin Assitant for 10/22/23 544.50 21708 GLOBALSTAR USA Acct #AC00115154 Wireless Service Period 10-16-23 to 11-15-23 133.37 21709 G.P.S. SOLUTIONS October 2023 - Building Permits, Plan Check Fees, Electrical Permits 3,038.65 21710 HOME DEPOT CRC Acct #5194-3374 - Supplies 80.45
HOME DEPOT CRC Acct #5194-3374 Supplies 77.33
21711 JAMES DE CHALK October 2023 - Janitorial Services 500.00 21712 John Guertin Employee Reimbursement for MBAISA Board Meeting Parking 35.00 21713 MARTINS IRRIGATION SUPPLY, INC. Inv #643868 - Supplies 4.02 21714 KAREN MINAMI Employee Reimbursement - Wellness Program 449.20 21715 MONTEREY BAY TECHNOLOGIES November 2023 - IT Services 1,800.00 21716 Monterey County, Environmental Health Direct Cost Per MOA for Services 04-01-23 to 06-30-23 36.05 21717 MONTEREY COUNTY WEEKLY CLASSIFIEDS Acct #060200-00001 Legal Notice - Ordinance 315 346.50 21718 MONTEREY TIRE SERVICE Inv 1-115107 Complete Tire Replacement on Ford Explorer Unit 97 693.90 21719 NEILL ENGINEERS CORP WO 8473 - Engineering Services 2,646.75 21720 ODP Business Solutions, LLC Acct #29696772 - Office Supplies 211.61 21721 PG&E Acct #4283033409-2 Service Period 09-21-23 to 10-22-23 2,076.65 PG&E Acct #6817283169-2 PG&E Service Period 09-13-23 to 10-12-23 62.90 21722 PowerDMS, Inc. Cust #A-29487 PlanIt Scheduling Software 12-01-23 to 11-30-24 1,630.00 21723 PRECISION ALARMS AND AUTOMATION Acct #33-1550 October 2023 - Fire Alarm System Monitoring 170.00 21724 PURE WATER Inv 423978 - Office Supplies 59.75
21725 RON FUCCI Employee Reimbursement - Travel-CalFire 69.85 21726 SmartSafety Software
Cust #DEL003 - Traffic Collison Diagramming Software - Annual Sub 11-10- 23 to 11-09-24 280.00
21727 SOUTH BAY REGIONAL PUBLIC SAFETY TRAINInv #224215 Crisis Intervention Training Academy - Brian Perez 80.00 21728 T-Mobile USA Inc. Law Enforcement FinanceCR#23-130 GPS Locate and Timing Advance 125.00 21729 UNITED SITE SERVICES Acct #00098059 Service Call for 1 Trl Mnt Rest Out 484.84 21730 US Bank Equipment Finance 0673430 - November 2023 Konica Minolta Copier 397.84 US Bank Equipment Finance INV 513707042 November Konica Minolta Copier Contract 176.40 21731 Verizon 9947573153 Mobile Service Period 09-24-23 to 10-23-23 80.02 21732 AMERICAN LOCK & KEY Supplies - Primus Keys 286.79 21733 AMERICAN SUPPLY COMPANY Customer #6043 - Supplies 101.06 21734 AT&T CAL NET 2 Acct #9391033790 Mobile Service Period 10-19-23 to 11-18-23 134.76 AT&T CAL NET 2 Acct #9391033791 Mobile Service Period 10-19-23 to 11-18-23 277.26 City of Del Rey Oaks
Check/Voucher Register
From 11/01/2023 Through 11/30/2023
12 Item 1.

Check Number Payee Transaction Description Check Amount City of Del Rey Oaks
Check/Voucher Register
From 11/01/2023 Through 11/30/2023
AT&T CAL NET 2 Acct #9391081967 Service Period 10-15-23 to 11-14-23 838.74 21735 AT&T MOBIILITY Acct #287304221758 Mobile Servcie Period 11-03-23 to 12-02-23 40.24 21736 CALIFORNIA-AMERICAN WATER 1015-210021255352 Service Period 10-20-23 to 11-17-23 35.84 CALIFORNIA-AMERICAN WATER Acct #1015-210018796550 Service Period 10-20-23 to 11-17-23 39.65 CALIFORNIA-AMERICAN WATER Acct #1015-210018799016 Service Period 10-20-23 to 11-17-23 39.55 CALIFORNIA-AMERICAN WATER Acct #1015-210018869991 Service Period 10-20-23 to 11-17-23 895.13 CALIFORNIA-AMERICAN WATER Acct #1015-210021092445 Service Period 10-20-23 to 11-17-23 43.24 CALIFORNIA-AMERICAN WATER Acct #1015-210021327653 Service Period 10-20-23 to 11-17-23 149.10 CALIFORNIA-AMERICAN WATER Acct #1015-210021396208 Service Period 10-20-23 to 11-17-23 60.09 CALIFORNIA-AMERICAN WATER Acct #1015-210021397607 Service Period 10-20-23 to 11-17-23 114.73 21737 CALIFORNIA BUILDING STANDARDS COMMISCBSC - 093023 Fees 13.77 21738 CALIFORNIA POLICE CHIEFS ASSOC. Invoice 4166 Cal Chief's Annual Training Symposium 825.00 21739 Christopher L. Bourquin Employee Reimbursement- Travel Expense 688.35 21740 CoPower ID #145153 - Dental Coverage - December 2023 2,177.32 21741 COMCAST BUSINESS Acct #8155100230699260 Interenet Service Period 11-18-23 to 12-17-23 285.29 COMCAST BUSINESS Acct #8155100280008479 Internet Service Period 11-10-23 to 12-09-23 378.31 21742 CORELOGIC SOLUTIONS, LLC. Acct #2010-705640-RR681524 October 2023 Data Search Service 154.50 21743 Express Services, Inc Acct #20340225 Admin Assistan 10-29-23 363.00 Express Services, Inc Acct #20340225 Admin Assistant Period of 11-15-23 363.00 21744 FENTON & KELLER Inv #135670 - October 2023 Housing Element Update 2,440.00 FENTON & KELLER Inv #135671 - October 2023- Legal Service Public Records 1,311.50 FENTON & KELLER Inv #135672 - October 2023 Legal Services City Attorney General Services 10,894.55 21745 GLOBALSTAR USA Acct AC00115154 Wireless Service Period 11-16-23 to 12-15-23 133.37 21746 Hana Gardens Del Rey Oaks Inv #220000212864 - Supplies 96.11 21747 I.M.P.A.C.GOVERNM'T SER Acct 4246044555649924 Charge Period Ending 11-21-23 10,698.95 21748 JAMES DE CHALK 374813 - November 2023 Janitorial Service 500.00 21749 LOUISE GOETZELT Louise Goetz - Employee Reimb for CoHable Lunch meeting 75.00 21750 MBS BUSINESS SYSTEMS Acct #3948511 - KonicaMinolta Contract Base Rate Plus Overage 163.08 21751 County of Monterey MFY 2023/24 Q3 Cost Emergency Communications 15,407.82 21752 MONTEREY COUNTY TAX COLLECTOR Asst #012-541-032-000 FY 2023-2024 Property Tax-Angelus Way 109.40 21753 Motorola Solutions Trans #1411044808 M500 In-Car System w/ V300 Body Worn Camera 21,319.32 21754 M&S BUILDING SUPPLY, INC. 2309-186400 Supplies 89.36 21755 Napa Auto Parts Inv #4006-020684 - Supplies, repair flat 256.05 21756 ODP Business Solutions, LLC 341250735001 - Supplies 58.76 ODP Business Solutions, LLC Acct #29696772 - Printer Toner 107.35 ODP Business Solutions, LLC Acct #29696772 - Supplies 218.59 ODP Business Solutions, LLC Acct #29696772 - Toner Supplies 107.35 21757 PG&E Acct #6817283169-2 Service Period 10-13-23 to 11-10-23 62.69 21758 PRECISION ALARMS AND AUTOMATION Acct #33-1550 - November 2023 Fire Alarm System Monitoring 170.00 21759 Quality Print & Copy Cust #150 - Office Supplies 72.35 21760 REGIONAL GOVERNMENT SERIVCES Inv #15820 - October 2023 Contract Services 29,787.10 21761 ROGER GUZMAN Roger Guzman Employee Reimbursement - Training & Travel 285.00 21762 RYAN RANCH PRINTERS Cust #150 - Office Supplies 309.47 21763 STATE WATER RESOURCE CONTROL BOARD SW-0268977 FY 2023-2024 Annual Permit Fee Facility #3-27M2000147 7,067.00 21764 Stericycle, Inc. Cust #10001102747 - October 2023 Shredding Services 175.91 21765 TERMINIX Cust #6099531 - October 2023 Pest Control 102.00 21766 US Bank Equipment Finance INV #516248754 Konica Lease 0687291 293.68 21767 Valerie Guardiola Acron Newsletter Design 400.00
21768 VSP ID #30004100 December 2023 - Vision Plan 261.27 PERS1110231--1 PERS PERS 3100 Contribution Retirement 10/21-11/3/23 -Plan 1364 542.46 PERS1110231--2 PERS PERS 3100 Contribution Retirment 10/21-11/03/23 -Plan 1365 4,048.17 13 Item 1.

Check Number Payee Transaction Description Check Amount City of Del Rey Oaks
Check/Voucher Register
From 11/01/2023 Through 11/30/2023
PERS1110231--3 PERS PERS 3100 Contribution Retirement 10/21-11/3/23 -Plan 25623 3,842.11 PERS1110231--4 PERS PERS 3100 Contribution Retirement 10/21-11/3/23 -Plan 26934 907.10 PERS1110231--6 PERS CalPERS 1900 457 (11/10) Contribution 11/15/23 2,800.00 Report Total 179,411.01
14 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-General Fund Summary 100 - General Fund
From 11/1/2023 Through 11/30/2023
Revised
FY 2024 Budget -
Actual
November 2023
Actual
FY 2024 YTD
Collected/Spent
Percent
Revenue
Property Taxes 767,700.00 0.00 0.00 0.00%
Sales Tax 1,313,000.00 157,672.85 618,625.43 47.11%
Other Taxes 487,500.00 37,750.02 237,929.89 48.80%
Licenses and Permits 286,300.00 11,140.64 86,402.69 30.17% Fines and Forfeitures 10,200.00 685.53 5,489.00 53.81%
Other Revenue 12,200.00 29.00 56,314.99 461.59%
Grants 264,520.00 22,661.16 193,599.79 73.18%
Airport Police Services 1,376,500.00 110,457.00 441,828.00 32.09% Current Services 186,700.00 18,829.87 120,509.82 64.54% Total Revenue 4,704,620.00 359,226.07 1,760,699.61 37.42% Expenditures
Council 32,200.00 2,481.52 7,313.09 22.71%
City Clerk 443,900.00 25,279.76 179,626.24 40.46%
City Manager 318,300.00 20,288.85 129,852.07 40.79%
Audit/Treasurer 288,100.00 30,646.47 133,612.87 46.37%
Legal 201,500.00 14,992.55 40,681.88 20.18%
Planning & Building
Regulation
105,400.00 8,605.32 42,309.80 40.14%
Government Buildings 19,100.00 102.00 908.00 4.75%
Non-Departmental 42,700.00 153.59 22,181.49 51.94%
Police 2,668,790.00 166,068.18 1,098,836.78 41.17%
Fire/Animal Control 227,600.00 0.00 56,878.75 24.99%
Public Works/Streets 313,530.00 24,573.86 116,145.54 37.04% Parks/Recreation 43,500.00 966.21 14,973.87 34.42%
Total Expenditures 4,704,620.00 294,158.31 1,843,320.38 39.18% Net Revenues 0.00 65,067.76 (82,620.77) 0.00%
Other Financing Sources and
Uses
Uses
Transfers Out to CIP (193,900.00) 0.00 0.00 0.00%
Total Uses (193,900.00) 0.00 0.00 0.00%
Total Other Financing Sources
and Uses
(193,900.00) 0.00 0.00 0.00%
Net Revenues After Other
Financing Sources and Uses
(193,900.00) 65,067.76 (82,620.77) 42.60%
15 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 100 - General Fund
From 11/1/2023 Through 11/30/2023
Revised
FY 2024 Budget -
2023 Actual
November
Actual
FY 2024 YTD
Collected/Used
Percent
Revenue
Non Department Specific 000
P/T-Secured 41110 531,000.00 0.00 0.00 0.00%
P/T-Unsecured 41120 24,500.00 0.00 0.00 0.00%
P/T-Prior Secured 41130 6,100.00 0.00 0.00 0.00%
Prior Unsecured 41140 100.00 0.00 0.00 0.00%
P/T-Unitary Tax 41150 10,000.00 0.00 0.00 0.00%
P/T-Supplemental Roll (SB813) 41160 12,200.00 0.00 0.00 0.00% Property Tax - VLF 41170 183,000.00 0.00 0.00 0.00%
Prop Tax-Interest/Penalty 41180 800.00 0.00 0.00 0.00%
Sales Tax 42210 470,000.00 51,106.77 210,407.09 44.76%
Sales Tax - 145 (Measure
S-1%)
42220 562,000.00 71,313.50 272,603.93 48.50%
Sales Tax -409 (Measure R
1/2%)
42221 281,000.00 35,252.58 135,614.41 48.26%
Cannabis Tax 42222 99,000.00 0.00 53,359.60 53.89%
Transient Occupancy Tax 42230 190,000.00 5,640.28 116,325.79 61.22% Property Transfer Tax 42250 5,000.00 756.25 4,304.30 86.08% Sewer Impact 42290 15,000.00 0.00 0.00 0.00%
Business Licenses 42310 210,000.00 228.00 54,425.47 25.91% Gas Franchises 42761 8,000.00 0.00 0.00 0.00%
Electric Franchises 42762 21,500.00 0.00 0.00 0.00%
Garbage Franchises 42763 100,000.00 25,329.90 51,487.18 51.48% Cable Tv Franchises 42764 26,000.00 6,023.59 12,453.02 47.89% Water Franchises 42765 23,000.00 0.00 0.00 0.00%
SB1186 Disability Access Fund 43311 1,000.00 12.00 394.00 39.40% SB1473 Environmental
Assessment Fee
43312 100.00 2.00 23.30 23.30%
Building Permits 43320 40,000.00 1,448.76 12,742.06 31.85% Cannabis Business Permit 43325 10,000.00 0.00 4,000.00 40.00% Plan Check Fees 43330 17,000.00 7,886.88 11,386.86 66.98% Street Opening Permits Fees 43340 5,000.00 1,200.00 2,450.00 49.00% Plumbing Permits 43350 1,600.00 375.00 1,000.00 62.50%
Electrical Permits 43360 1,600.00 0.00 375.00 23.43%
Other Licenses/Permits 43390 1,000.00 0.00 0.00 0.00%
Fines & Forfeitures 45000 200.00 152.53 995.00 497.50%
Vehicle Code Fines 45510 5,000.00 305.00 914.00 18.28%
Parking and Admin Fines 45512 5,000.00 228.00 3,580.00 71.60% Interest Earned 46100 10,000.00 0.00 64,684.76 646.84%
Interest Earned-PARS 46101 0.00 0.00 (9,382.24) 0.00%
Rental Income - Garden Center 46815 36,000.00 3,000.00 17,000.00 47.22% Rental Income - Airport RV 46816 35,000.00 4,325.24 18,940.39 54.11% Rental Income - PW Bldg (CHC
Enterprise)
46817 24,000.00 2,000.00 6,000.00 25.00%
HOPTR 47130 1,200.00 0.00 0.00 0.00%
COPS 47240 165,200.00 8,333.37 127,825.65 77.37%
AMBAG REAP Grant - Housing
Element
47241 0.00 12,847.75 20,980.25 0.00%
HCD LEAP Grant - Housing
Element
47242 0.00 0.00 18,226.50 0.00%
SB1383 Organics Recycling 47243 9,000.00 0.00 0.00 0.00% Prop 172 47750 25,000.00 1,480.04 7,550.74 30.20%
Wellness Program 47760 7,500.00 0.00 7,500.00 100.00%
16 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 100 - General Fund
From 11/1/2023 Through 11/30/2023
Revised
FY 2024 Budget -
2023 Actual
November
Actual
FY 2024 YTD
Collected/Used
Percent
Police Grants & Other
Reimbursements
47780 5,000.00 0.00 5,982.87 119.65%
POST Reimbursements 47781 3,000.00 0.00 5,533.78 184.45% DEA Reimbursements 47782 44,000.00 0.00 0.00 0.00%
Grant Other Agencies 47783 5,820.00 0.00 0.00 0.00%
Police Service Fees 48210 1,000.00 0.00 607.00 60.70%
Police Services-Special Events 48211 48,000.00 6,375.00 6,375.00 13.28% Public Events 48212 5,000.00 0.00 7,500.00 150.00%
Use Permits 48805 20,000.00 2,500.00 14,375.89 71.87%
Maps/Publications 48810 100.00 0.00 0.00 0.00%
Property Inspections 48825 4,500.00 0.00 750.00 16.66%
Miscellaneous Revenue 48840 10,000.00 529.63 46,712.32 467.12% Rental - Park 48910 3,100.00 100.00 2,249.22 72.55%
Miscellaneous Refunds 48930 0.00 17.00 618.47 0.00%
Total Non Department Specific 3,328,120.00 248,769.07 1,318,871.61 39.63% Police 210
Airport Police Services 48220 1,376,500.00 110,457.00 441,828.00 32.09% Total Police 1,376,500.00 110,457.00 441,828.00 32.10%
Total Revenue 4,704,620.00 359,226.07 1,760,699.61 37.42% Expense
Council 110
Council Member Stipend 61115 7,500.00 0.00 772.31 10.29% Medicare-ER 61130 200.00 0.00 36.24 18.12%
Social Security-ER 61131 500.00 0.00 155.00 31.00%
Unemployment Ins-Fed & State 61132 100.00 0.00 15.00 15.00% Dental Expense 61135 11,400.00 381.52 2,037.11 17.86%
Materials/Supply 62410 0.00 0.00 100.00 0.00%
Membership Dues-Professional
Org
64550 4,000.00 0.00 340.35 8.50%
Strategic Planning 64570 5,000.00 0.00 0.00 0.00%
Travel Expenses 64610 3,500.00 2,100.00 3,857.08 110.20% Total Council 32,200.00 2,481.52 7,313.09 22.71%
City Clerk 111
Payroll 61105 149,600.00 11,889.52 58,050.92 38.80%
Temp Payroll 61107 10,000.00 0.00 0.00 0.00%
Overtime 61110 20,000.00 737.72 2,385.47 11.92%
PERS UAL 61124 36,900.00 0.00 36,879.00 99.94%
PERS Retirement 61125 13,800.00 445.35 4,457.45 32.30%
Medicare-ER 61130 2,200.00 183.10 870.85 39.58%
Unemployment Ins-Fed & State 61132 200.00 0.00 0.00 0.00% Dental Expense 61135 3,200.00 190.76 953.80 29.80%
Health Insurance 61140 60,500.00 3,657.02 18,320.47 30.28% Health Insurance -Retiree 61141 1,800.00 0.00 0.00 0.00% Vision Ins 61145 500.00 27.89 155.96 31.19%
Workers Comp and EAP 61150 9,100.00 0.00 4,844.48 53.23% Wellness Program 61155 1,000.00 449.20 749.20 74.92%
Materials/Supply 62410 16,300.00 107.32 1,813.87 11.12% Office Supplies 62430 11,200.00 537.41 2,222.81 19.84%
Repair/Maintenance 63505 3,000.00 0.00 597.23 19.90%
Other Outside Services 63508 0.00 655.79 1,742.78 0.00% Shredding Services 63509 1,000.00 0.00 355.72 35.57%
Telephone 63530 7,700.00 1,116.00 3,809.64 49.47%
Website Design & Maintenance 63535 3,800.00 0.00 0.00 0.00% 17 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 100 - General Fund
From 11/1/2023 Through 11/30/2023
Revised
FY 2024 Budget -
2023 Actual
November
Actual
FY 2024 YTD
Collected/Used
Percent
Postage / Shipping 63540 4,000.00 0.00 1,126.20 28.15%
Training 63605 5,000.00 0.00 1,324.59 26.49%
Insurance-Liability 63620 17,370.00 0.00 8,684.57 49.99% Insurance-Property 63621 230.00 0.00 1,264.14 549.62%
Contract Services - IT 63635 6,000.00 900.00 6,893.75 114.89% HR Services-RGS 63652 31,500.00 0.00 0.00 0.00%
Temporary Assistance 63657 0.00 2,211.00 5,506.05 0.00% Janitorial Services 63660 0.00 500.00 750.00 0.00%
Software/Server Subscription 64310 2,000.00 438.30 6,467.02 323.35% Agenda Management System 64315 5,000.00 0.00 4,920.00 98.40% Document Management System 64316 1,500.00 0.00 437.50 29.16% Municipal Code Service 64320 10,000.00 0.00 1,097.25 10.97% Membership Dues-Professional
Org
64550 3,200.00 0.00 285.00 8.90%
Membership Dues-Government
Agency
64552 1,300.00 0.00 650.00 50.00%
Printing / Publications 64575 2,000.00 1,233.38 1,233.38 61.66% Travel Expenses 64610 0.00 0.00 602.35 0.00%
Furniture & Equipment 66300 3,000.00 0.00 174.79 5.82%
Total City Clerk 443,900.00 25,279.76 179,626.24 40.47% City Manager 120
Payroll 61105 192,500.00 15,548.80 83,739.93 43.50%
PERS UAL 61124 1,000.00 0.00 0.00 0.00%
PERS Retirement 61125 14,800.00 79.68 4,951.01 33.45%
Medicare-ER 61130 2,800.00 225.46 1,213.18 43.32%
Unemployment Ins-Fed & State 61132 100.00 0.00 0.00 0.00% Dental Expense 61135 1,600.00 193.29 966.45 60.40%
Health Insurance 61140 30,200.00 3,120.31 15,601.55 51.66% Vision Ins 61145 200.00 29.60 118.40 59.20%
Workers Comp and EAP 61150 11,700.00 0.00 6,025.74 51.50% Wellness Program 61155 500.00 0.00 0.00 0.00%
Auto Allowance 61180 5,400.00 415.40 2,076.96 38.46%
Materials/Supply 62410 0.00 35.83 35.83 0.00%
Office Supplies 62430 1,500.00 605.48 605.48 40.36%
Insurance-Liability 63620 22,405.00 0.00 11,201.12 49.99% Insurance-Property 63621 295.00 0.00 1,629.24 552.28%
Membership Dues-Professional
Org
64550 0.00 0.00 300.00 0.00%
Books and Periodicals 64565 300.00 0.00 0.00 0.00%
Travel Expenses 64610 8,000.00 35.00 1,387.18 17.33%
Contingency 66905 25,000.00 0.00 0.00 0.00%
Total City Manager 318,300.00 20,288.85 129,852.07 40.80% Audit/Treasurer 130
ADP Payroll Fees 62310 3,500.00 584.83 2,882.15 82.34%
Bank Service Charges 62320 4,600.00 274.54 2,691.87 58.51% Grant Writing Services 62327 30,000.00 0.00 0.00 0.00%
Accounting Software 62431 3,600.00 0.00 8,493.75 235.93% Audit-Finance 63625 29,000.00 0.00 16,950.00 58.44%
Audit -Sales Tax 63626 5,000.00 0.00 0.00 0.00%
Actuarial Services 63627 4,500.00 0.00 0.00 0.00%
Accounting Services-RGS 63645 207,900.00 29,787.10 102,595.10 49.34% Total Audit/Treasurer 288,100.00 30,646.47 133,612.87 46.38% Legal 150
Legal Services 63650 200,000.00 14,646.05 39,080.83 19.54% 18 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 100 - General Fund
From 11/1/2023 Through 11/30/2023
Revised
FY 2024 Budget -
2023 Actual
November
Actual
FY 2024 YTD
Collected/Used
Percent
Legal Advert 64560 1,500.00 346.50 1,141.11 76.07%
Misc Expenses 64580 0.00 0.00 459.94 0.00%
Total Legal 201,500.00 14,992.55 40,681.88 20.19%
Planning & Building Regulation 160
Economic Development
Services
63639 20,000.00 0.00 0.00 0.00%
Planning Services 63640 40,000.00 0.00 9,800.00 24.50%
Contract Services - Housing
Element
63642 0.00 0.00 12,845.90 0.00%
Building Inspections Services 63648 32,400.00 2,748.15 12,492.23 38.55% Engineering Services 63649 5,000.00 2,646.75 3,629.25 72.58% Code Enforcement Services 63656 5,000.00 290.50 622.50 12.45% Travel Expenses 64610 3,000.00 2,919.92 2,919.92 97.33% Total Planning & Building
Regulation
105,400.00 8,605.32 42,309.80 40.14%
Government Buildings 180
Repair/Maintenance 63505 16,100.00 0.00 204.00 1.26%
Other Outside Services 63508 0.00 102.00 204.00 0.00%
Janitorial Services 63660 3,000.00 0.00 500.00 16.66%
Total Government Buildings 19,100.00 102.00 908.00 4.75% Non-Departmental 190
Materials/Supply 62410 6,200.00 30.42 65.24 1.05%
Telephone 63530 1,000.00 0.00 123.32 12.33%
Insurance-Liability 63620 12,830.00 0.00 6,414.74 49.99% Insurance-Property 63621 170.00 0.00 1,875.35 1,103.14% Membership Dues-Professional
Org
64550 4,300.00 0.00 0.00 0.00%
Membership Dues-Non Profit
Agency Contrib
64551 11,800.00 0.00 8,279.00 70.16%
Membership Dues-Government
Agency
64552 5,100.00 0.00 5,131.68 100.62%
Misc Expenses 64580 1,000.00 123.17 273.17 27.31%
S.M.I.P. 64930 200.00 0.00 18.99 9.49%
SB 1473 64940 100.00 0.00 0.00 0.00%
Total Non-Departmental 42,700.00 153.59 22,181.49 51.95% Police 210
Payroll 61105 1,081,000.00 74,919.74 370,685.19 34.29%
Overtime 61110 110,000.00 4,561.31 78,323.07 71.20%
Overtime-DEA 61111 44,000.00 0.00 0.00 0.00%
Reserves Payroll 61120 80,000.00 4,047.41 39,958.88 49.94% PERS UAL - After 06/30/18 61123 1,000.00 0.00 1,020.00 102.00% PERS UAL 61124 102,000.00 0.00 101,918.00 99.91%
PERS Retirement 61125 136,500.00 6,147.63 49,477.90 36.24% PERS 457 Expense 61126 32,400.00 1,200.00 11,100.00 34.25% Medicare-ER 61130 15,700.00 1,209.25 7,097.53 45.20%
Social Security-ER 61131 1,600.00 13.26 693.79 43.36%
Unemployment Ins-Fed & State 61132 10,500.00 1.78 105.95 1.00% Dental Expense 61135 17,900.00 1,284.77 6,314.34 35.27% Health Insurance 61140 296,400.00 18,797.10 93,130.66 31.42% Health Insurance -Retiree 61141 2,000.00 151.00 755.00 37.75% Vision Ins 61145 2,900.00 187.27 1,194.20 41.17%
Workers Comp and EAP 61150 172,400.00 0.00 88,182.44 51.14% Wellness Program 61155 5,300.00 0.00 0.00 0.00%
Uniform Allowance 61160 10,000.00 0.00 2,250.00 22.50% 19 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 100 - General Fund
From 11/1/2023 Through 11/30/2023
Revised
FY 2024 Budget -
2023 Actual
November
Actual
FY 2024 YTD
Collected/Used
Percent
Materials/Supply 62410 35,000.00 173.42 (880.18) (2.51)% Ammunition 62420 5,000.00 0.00 0.00 0.00%
Body Armor Vests 62422 5,820.00 0.00 6,330.00 108.76%
Office Supplies 62430 3,000.00 467.65 1,251.57 41.71%
PD Safety Equip Lease -
Principal
62460 24,300.00 0.00 0.00 0.00%
PD Safety Equip Lease -
Interest
62461 1,000.00 0.00 0.00 0.00%
Auto Ops - Supplies / Equip 62710 2,500.00 0.00 0.00 0.00% Auto Ops - Fuel 62720 30,000.00 3,498.56 15,248.41 50.82% Repair/Maintenance 63505 14,000.00 0.00 480.00 3.42%
Other Outside Services 63508 0.00 891.12 2,501.16 0.00% Shredding Services 63509 1,000.00 0.00 355.73 35.57%
Telephone 63530 14,000.00 1,095.32 6,141.02 43.86%
Internet 63531 2,500.00 663.60 3,266.71 130.66%
Annual Maintenance-Records
Management Software
63537 6,020.00 0.00 2,902.79 48.21%
Annual Maintenance 63538 3,400.00 0.00 0.00 0.00%
Annual Maintenance-MDT 63539 3,300.00 0.00 0.00 0.00%
Postage / Shipping 63540 500.00 15.75 68.43 13.68%
Training 63605 15,000.00 770.75 2,233.65 14.89%
Insurance-Liability 63620 125,435.00 0.00 80,673.30 64.31% Insurance-Property 63621 1,665.00 0.00 10,065.45 604.53% Audit-Finance 63625 4,500.00 0.00 0.00 0.00%
Contract Services - IT 63635 6,000.00 900.00 6,581.25 109.68% Contract Services-Others 63637 4,200.00 161.05 2,791.05 66.45% HR Services-RGS 63652 3,000.00 0.00 0.00 0.00%
Janitorial Services 63660 3,000.00 500.00 1,250.00 41.66% 911-Radio Dispatch 63665 58,500.00 13,416.10 41,280.13 70.56% 911-Inform MDT Terminal
Service
63666 1,500.00 0.00 0.00 0.00%
911-Notification System 63667 400.00 0.00 0.00 0.00%
911-NGEN O&M 63668 8,000.00 1,991.72 5,976.16 74.70%
911-NGEN Debt 63669 5,200.00 0.00 5,128.32 98.62%
Auto Repair/Maintenance 63730 14,000.00 2,905.82 8,605.90 61.47% Parking & Admin Citations
Services
63812 5,000.00 0.00 1,725.55 34.51%
Animal Regulation Fire 63820 500.00 0.00 239.00 47.80%
Fund Jail & Prisoner 63830 200.00 0.00 0.00 0.00%
ACJIS System 63840 9,000.00 0.00 0.00 0.00%
Software/Server Subscription 64310 12,000.00 2,049.92 12,515.05 104.29% Computer Server 64318 3,500.00 0.00 0.00 0.00%
Personnel Recruit &
Pre-Employment
64545 3,000.00 0.00 957.26 31.90%
Membership Dues-Professional
Org
64550 4,000.00 0.00 1,822.80 45.57%
Books and Periodicals 64565 900.00 0.00 0.00 0.00%
Printing / Publications 64575 3,000.00 1,079.21 1,079.21 35.97% Travel Expenses 64610 13,000.00 1,648.35 4,720.79 36.31% Principal-Motorola
Lease-Cameras
65104 21,350.00 21,319.32 21,319.32 99.85%
Vehicle Replacement 66735 70,000.00 0.00 0.00 0.00%
Total Police 2,668,790.00 166,068.18 1,098,836.78 41.17% Fire/Animal Control 220 20
Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 100 - General Fund
From 11/1/2023 Through 11/30/2023
Revised
FY 2024 Budget -
2023 Actual
November
Actual
FY 2024 YTD
Collected/Used
Percent
Fire Seaside 63810 227,600.00 0.00 56,878.75 24.99%
Total Fire/Animal Control 227,600.00 0.00 56,878.75 24.99% Public Works/Streets 311
Payroll 61105 83,600.00 6,428.80 32,217.53 38.53%
Overtime 61110 3,000.00 0.00 0.00 0.00%
PERS UAL 61124 1,000.00 0.00 0.00 0.00%
PERS Retirement 61125 6,500.00 246.87 2,450.53 37.70%
Medicare-ER 61130 1,300.00 93.22 466.10 35.85%
Unemployment Ins-Fed & State 61132 100.00 0.00 0.00 0.00% Dental Expense 61135 1,600.00 126.98 634.90 39.68%
Health Insurance 61140 30,300.00 2,400.24 12,001.20 39.60% Vision Ins 61145 300.00 16.51 99.06 33.02%
Workers Comp and EAP 61150 5,200.00 0.00 2,749.74 52.87% Wellness Program 61155 500.00 0.00 576.93 115.38%
Materials/Supply 62410 16,500.00 846.41 2,566.81 15.55% Office Supplies 62430 1,500.00 200.96 400.96 26.73%
Auto Ops - Supplies / Equip 62710 2,500.00 645.97 645.97 25.83% Auto Ops - Fuel 62720 5,000.00 707.93 2,281.62 45.63%
Repair/Maintenance 63505 41,000.00 179.62 5,849.40 14.26% Other Outside Services 63508 0.00 0.00 440.00 0.00%
Gabilan Crew 63515 5,000.00 484.84 484.84 9.69%
Utilities - PG&E 63520 15,000.00 2,202.24 8,630.18 57.53% Utilities - Water 63525 4,000.00 1,440.17 2,733.00 68.32% Telephone 63530 0.00 40.24 206.11 0.00%
Training 63605 5,000.00 675.00 675.00 13.50%
Insurance-Liability 63620 10,660.00 0.00 5,329.17 49.99% Insurance-Property 63621 140.00 0.00 775.50 553.92%
Insurance-Vehicles 63622 4,500.00 0.00 4,267.00 94.82%
Organic Waste Regs Services 63654 9,000.00 0.00 0.00 0.00% Auto Repair/Maintenance 63730 8,300.00 0.00 1,724.14 20.77% Printing / Publications 64575 1,250.00 770.86 770.86 61.66% Storm Water Project - Phase 4 64920 23,000.00 7,067.00 7,067.00 30.72% Equipment 66302 0.00 0.00 20,101.99 0.00%
Contingency 66905 27,780.00 0.00 0.00 0.00%
Total Public Works/Streets 313,530.00 24,573.86 116,145.54 37.04% Parks/Recreation 411
Materials/Supply 62410 15,500.00 290.81 6,852.52 44.20% Office Supplies 62430 0.00 0.00 68.19 0.00%
Repair/Maintenance 63505 25,000.00 0.00 6,447.00 25.78% Utilities - Water 63525 3,000.00 605.55 1,536.31 51.21% Travel Expenses 64610 0.00 69.85 69.85 0.00%
Total Parks/Recreation 43,500.00 966.21 14,973.87 34.42% Total Expense 4,704,620.00 294,158.31 1,843,320.38 39.18% Other Financing Sources and Uses
Non Department Specific 000
Transfers Out to CIP 81001 (193,900.00) 0.00 0.00 0.00% Total Non Department Specific (193,900.00) 0.00 0.00 0.00% Total Other Financing Sources and
Uses
(193,900.00) 0.00 0.00 0.00%
Excess(Deficit) of Revenue Over
Expenditures
(193,900.00) 65,067.76 (82,620.77) 42.60%
21 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 210 - Gas Tax Fund
From 11/1/2023 Through 11/30/2023
Revised
FY 2024 Budget -
2023 Actual
November
Actual
FY 2024 YTD
Collected/Used
Percent
Revenue
Non Department Specific 000
Gas Tax 2103 47010 14,600.00 0.00 6,624.76 45.37%
Gas Tax 2105 47020 10,000.00 0.00 4,052.19 40.52%
Gas Tax 2106 47030 9,000.00 0.00 3,767.19 41.85%
Gas Tax 2107 47040 11,900.00 0.00 5,581.49 46.90%
Gas Tax 2107.5 47050 1,000.00 0.00 1,000.00 100.00%
Total Non Department Specific 46,500.00 0.00 21,025.63 45.22% Total Revenue 46,500.00 0.00 21,025.63 45.22%
Expense
Public Works/Streets 311
Street Sweeping 63510 10,000.00 0.00 0.00 0.00%
Street Lighting 63910 15,000.00 0.00 1,951.39 13.00%
Total Public Works/Streets 25,000.00 0.00 1,951.39 7.81% Total Expense 25,000.00 0.00 1,951.39 7.81%
Excess(Deficit) of Revenue Over
Expenditures
21,500.00 0.00 19,074.24 88.71%
22 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 211 - SB1 Fund-RMRA
From 11/1/2023 Through 11/30/2023
Revised
FY 2024 Budget -
2023 Actual
November
Actual
FY 2024 YTD
Collected/Used
Percent
Revenue
Non Department Specific 000
SB 1 Funds 47777 38,900.00 0.00 12,826.29 32.97%
Total Non Department Specific 38,900.00 0.00 12,826.29 32.97% General Government (Header) 100
SB 1 Funds 47777 0.00 3,593.82 3,593.82 0.00%
Total General Government
(Header)

0.00 3,593.82 3,593.82 0.00%
Total Revenue 38,900.00 3,593.82 16,420.11 42.21%
Expense
Curb Repair 536
Curb and Gutter Repair 66327 20,000.00 0.00 0.00 0.00%
Total Curb Repair 20,000.00 0.00 0.00 0.00%
Saucito/Work Gutter & Curb 537
Curb and Gutter Repair 66327 40,000.00 0.00 0.00 0.00%
Total Saucito/Work Gutter & Curb 40,000.00 0.00 0.00 0.00% Via Verde Curb & Gutter Repair 538
Curb and Gutter Repair 66327 90,000.00 0.00 13,195.00 14.66% Total Via Verde Curb & Gutter
Repair
90,000.00 0.00 13,195.00 14.66%
Total Expense 150,000.00 0.00 13,195.00 8.80%
Excess(Deficit) of Revenue Over
Expenditures
(111,100.00) 3,593.82 3,225.11 (2.90)%
23 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 212 - Measure X Fund
From 11/1/2023 Through 11/30/2023
Revised
FY 2024 Budget -
2023 Actual
November
Actual
FY 2024 YTD
Collected/Used
Percent
Revenue
Non Department Specific 000
Measure X 47775 94,400.00 0.00 0.00 0.00%
Total Non Department Specific 94,400.00 0.00 0.00 0.00% Total Revenue 94,400.00 0.00 0.00 0.00%
Expense
Via Verde/Los Encinos Street
Repair
524
Street Improvements 66410 30,000.00 0.00 39,480.00 131.60% Total Via Verde/Los Encinos
Street Repair
30,000.00 0.00 39,480.00 131.60%
Angelus/Rosita Storm Drain
Repair (Engineering)
525
Street Improvements 66410 10,000.00 0.00 0.00 0.00%
Total Angelus/Rosita Storm
Drain Repair (Engineering)
10,000.00 0.00 0.00 0.00%
Angelus/Rosita Storm Drain
Repair (Construction)
526
Street Improvements 66410 60,000.00 0.00 0.00 0.00%
Total Angelus/Rosita Storm
Drain Repair (Construction)
60,000.00 0.00 0.00 0.00%
Debt Service - Measure X 610
Principal - Measure X Loan 65103 80,400.00 0.00 0.00 0.00% Interest - Measure X 65203 14,000.00 0.00 0.00 0.00%
Total Debt Service - Measure X 94,400.00 0.00 0.00 0.00% Total Expense 194,400.00 0.00 39,480.00 20.31%
Excess(Deficit) of Revenue Over
Expenditures
(100,000.00) 0.00 (39,480.00) 39.48%
24 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 221 - FORA Habitat Management Fund
From 11/1/2023 Through 11/30/2023
Revised
FY 2024 Budget -
2023 Actual
November
Actual
FY 2024 YTD
Collected/Used
Percent
Expense
Planning & Building Regulation 160
Contract Services - Habitat
Management Plan
63646 34,536.50 0.00 0.00 0.00%
Total Planning & Building
Regulation
34,536.50 0.00 0.00 0.00%
Total Expense 34,536.50 0.00 0.00 0.00%
Excess(Deficit) of Revenue Over
Expenditures
(34,536.50) 0.00 0.00 0.00%
25 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 223 - ARPA Fund
From 11/1/2023 Through 11/30/2023
Revised
FY 2024 Budget -
2023 Actual
November
Actual
FY 2024 YTD
Collected/Used
Percent
Expense
Police 210
Mobile Data Terminals 66305 5,998.17 0.00 465.55 7.76%
Portable Radios 66306 2,589.89 0.00 2,548.26 98.39%
Total Police 8,588.06 0.00 3,013.81 35.09%
City Hall Parking Lot Imp 527
Parking Lot Improvements &
Repairs
66425 100,000.00 0.00 0.00 0.00%
Total City Hall Parking Lot Imp 100,000.00 0.00 0.00 0.00% Total Expense 108,588.06 0.00 3,013.81 2.78%
Excess(Deficit) of Revenue Over
Expenditures
(108,588.06) 0.00 (3,013.81) 2.77%
26 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 231 - BSCC-Officer Wellness & Mental Health Grant
From 11/1/2023 Through 11/30/2023
Revised
FY 2024 Budget -
2023 Actual
November
Actual
FY 2024 YTD
Collected/Used
Percent
Expense
Police 210
Law Enforcement Wellness App 64314 2,000.00 0.00 1,999.00 99.95% Total Police 2,000.00 0.00 1,999.00 99.95%
Total Expense 2,000.00 0.00 1,999.00 99.95%
Excess(Deficit) of Revenue Over
Expenditures
(2,000.00) 0.00 (1,999.00) 99.95%
27 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 235 - Asset Forfeitures
From 11/1/2023 Through 11/30/2023
Revised
FY 2024 Budget -
2023 Actual
November
Actual
FY 2024 YTD
Collected/Used
Percent
Revenue
Police 210
Police Grants & Other
Reimbursements
47780 5,000.00 0.00 0.00 0.00%
Total Police 5,000.00 0.00 0.00 0.00%
Total Revenue 5,000.00 0.00 0.00 0.00%
Excess(Deficit) of Revenue Over
Expenditures
5,000.00 0.00 0.00 0.00%
28 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 301 - Capital Projects
From 11/1/2023 Through 11/30/2023
Revised
FY 2024 Budget -
2023 Actual
November
Actual
FY 2024 YTD
Collected/Used
Percent
Expense
Housing Element 6th Cycle 532
Housing Element Cost - 6th
Cycle
63638 138,900.00 0.00 0.00 0.00%
Total Housing Element 6th Cycle 138,900.00 0.00 0.00 0.00% Vehicle Replacement 533
Vehicle Replacement 66735 35,000.00 0.00 0.00 0.00%
Total Vehicle Replacement 35,000.00 0.00 0.00 0.00%
City Hall Facility Repairs &
Upgrades
541
Repairs and Improvements 66322 10,000.00 0.00 0.00 0.00% Total City Hall Facility Repairs &
Upgrades
10,000.00 0.00 0.00 0.00%
Council Chamber Technology
Project
542
Technology Upgrades 66323 10,000.00 0.00 0.00 0.00%
Total Council Chamber
Technology Project
10,000.00 0.00 0.00 0.00%
Total Expense 193,900.00 0.00 0.00 0.00%
Other Financing Sources and Uses
Housing Element 6th Cycle 532
Transfers In from GF 82001 138,900.00 0.00 0.00 0.00%
Total Housing Element 6th Cycle 138,900.00 0.00 0.00 0.00% Vehicle Replacement 533
Transfers In from GF 82001 35,000.00 0.00 0.00 0.00%
Total Vehicle Replacement 35,000.00 0.00 0.00 0.00%
City Hall Facility Repairs &
Upgrades
541
Transfers In from GF 82001 10,000.00 0.00 0.00 0.00%
Total City Hall Facility Repairs &
Upgrades
10,000.00 0.00 0.00 0.00%
Council Chamber Technology
Project
542
Transfers In from GF 82001 10,000.00 0.00 0.00 0.00%
Total Council Chamber
Technology Project
10,000.00 0.00 0.00 0.00%
Total Other Financing Sources and
Uses
193,900.00 0.00 0.00 0.00%
Excess(Deficit) of Revenue Over
Expenditures

0.00 0.00 0.00 0.00%
29 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 321 - SBR Engineering Fund
From 11/1/2023 Through 11/30/2023
Revised
FY 2024 Budget -
2023 Actual
November
Actual
FY 2024 YTD
Collected/Used
Percent
Expense
SBR Engineering 518
Contract Services - Engineering 63611 505,830.00 0.00 0.00 0.00% Total SBR Engineering 505,830.00 0.00 0.00 0.00%
Total Expense 505,830.00 0.00 0.00 0.00%
Excess(Deficit) of Revenue Over
Expenditures
(505,830.00) 0.00 0.00 0.00%
30 Item 1.
31 Item 2.
32 Item 2.
33 Item 2.
34 Item 2.
35 Item 2.
36 Item 2.
1 City Council Report
Nov 2023
Case # Date Offense Code 1 Offense Code Description
DROMPADOJResidentialCommercial
Case # Date Offense Code 1
23-283 11/01/2023 171.5(C)(11) PC Unlawful Possession of weapon X 23-284 11/01/2023 Information Only
23-285 11/02/2023 470(A) PC Forgery X X
23-286 11/02/2023 AOD Outside Assist X
23-287 11/04/2023 484(A) PC Theft X X
23-288 11/04/2023 Information Only
23-289 11/06/2023 374.8(B) PC Illegal Dumping X X
23-290 11/06/2023 Information Only
23-291 11/09/2023 Found Property
23-292 11/09/2023 Towed Vehicle
23-293 11/10/2023 484(A) PC Theft/CITE X X
23-294 11/11/2023 Information Only
23-295 11/14/2023 Information Only
23-296 11/15/2023 ACN Accident/14061VC Driver X X
23-297 11/15/2023 Information Only
23-298 11/16/2023 Outside Warrant/M Arrest X
23-299 11/17/2023 20002(A)(1) VC Hit & Run X X
23-300 11/17/2023 530 PC Identity Theft X X
23-301 11/19/2023 12500(A) VC CITE X
23-302 11/19/2023 459 PC Burglary X X
23-303 11/20/2023 487(A) PC Grand Theft X X
23-304 11/20/2023 ACPP Accident X
23-305 11/20/2023 459 PC Burglary X X
23-306 11/23/2023 245(A)(1) PC ADW Stabbing X X
23-307 11/24/2023 23153(A) VC DUI/Arrest X X
23-308 11/27/2023 Information Only
23-309 11/28/2023 Information Only
23-310 11/29/2023 484(A) PC Theft X X
23-311 11/30/2023 Outside Warrant/M Arrest X
29 CASES
Chris Bourquin - Chief
37 Item 3.
2 Calls for Service Case Reports
Month YTD Month YTD
303 3,624 29 311
Alarms Citations
Residential Commercial MPAD Moving Parking Warning
Mo. YTD Mo. YTD Mo. YTD Mo. YTD Mo. YTD Mo. YTD
2 16 0 32 1 57 7 121 37 308 19 226
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 1 0 NA 1 100.00% 50.00% NA
Simple Assault 0 0 NA 0 0.00% 0.00% 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 1 50% 18.18% NA
Robbery 0 0 NA 0 0.00% 0.00% NA
Burglary/Breaking & Entering 2 0 NA 0 0.00% 25.00% NA
Larceny/Theft Offenses 4 7 -42.86% 1 25.00% 50.00% 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 0 NA 0 0.00% 0.00% NA
Counterfeiting/Forgery 1 0 NA 0 0.00% 12.50% NA
Fraud Offense 1 0 NA 0 0.00% 12.50% 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 1 -100.00% 0 0.00% 0.00% NA
Crimes Against Property Total 8 8 0% 1 12.5% 72.73% 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 1 0 NA 0 0.00% 100.00% NA
Animal Cruelty 0 0 NA 0 0.00% 0.00% NA
Crimes Against Society Total 1 0 NA 0 0.00% 9.09% NA
Agency: All
Total Group "A" Offenses 11 8 37.5% 2 18.18% 100% NA
Statewide Crime Profile * 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: 11/01/2023 Ending Date: 11/30/2023
Printed On: 12/01/2023

Page 1 of 1 ends

39 Item 3.

Rape 1 0 NA 0 0.00% 6.67% NA
Sodomy 1 0 NA 0 0.00% 6.67% NA
Sexual Assault with Object 0 0 NA 0 0.00% 0.00% NA
Fondling 0 1 -100.00% 0 0.00% 0.00% NA
Aggravated Assault 4 4 0.00% 1 25.00% 26.67% NA
Simple Assault 3 7 -57.14% 0 0.00% 20.00% NA
Intimidation 6 2 200.00% 4 66.67% 40.00% 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 15 14 7.14% 5 33.33% 14.42% NA Robbery 0 0 NA 0 0.00% 0.00% NA
Burglary/Breaking & Entering 6 1 500.00% 0 0.00% 8.45% NA Larceny/Theft Offenses 38 74 -48.65% 10 26.32% 53.52% NA Motor Vehicle Theft 1 3 -66.67% 0 0.00% 1.41% NA
Arson 0 0 NA 0 0.00% 0.00% NA
Destruction Of Property 9 13 -30.77% 2 22.22% 12.68% NA Counterfeiting/Forgery 2 2 0.00% 0 0.00% 2.82% NA
Fraud Offense 13 12 8.33% 0 0.00% 18.31% 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 2 2 0.00% 2 100.00% 2.82% NA
Crimes Against Property Total 71 107 -33.64% 14 19.72% 68.27% NA Drug/Narcotic Violations 6 5 20.00% 5 83.33% 33.33% NA
Drug Equipment Violations 7 6 16.67% 6 85.71% 38.89% NA Gambling Offenses 0 0 NA 0 0.00% 0.00% NA
Pornography/Obscene Material 2 0 NA 1 50.00% 11.11% NA
Prostitution 0 0 NA 0 0.00% 0.00% NA
Weapons Law Violation 2 4 -50.00% 0 0.00% 11.11% NA
Animal Cruelty 1 0 NA 0 0.00% 5.56% NA
Crimes Against Society Total 18 15 20% 12 66.67% 17.31% NA Agency: All
Total Group "A" Offenses 104 136 -23.53% 31 29.81% 100% NA Statewide Crime Profile * 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: 11/30/2023
Printed On: 12/01/2023

Page 1 of 1 ends

40 Item 3.
2024 CITY OF DEL REY OAKS REGIONAL

AGENCIES BOARDS & COMMITTEES

REPRESENTATIVES APPOINTMENT LIST

AGENCY STIPEND MEMBER
Alternate

SPECIAL DISTRICTS
1) ReGen Monterey $100/mtg Shirley
* 4 year term through 2024
Felipe Melchor, General Manager
14201 Del Monte Blvd., Marina
384-5313 / Website: www.mrwmd.org
Meeting: 3rd Friday of each month at 9:30 a.m.
2) Monterey-Salinas Transit $100/mtg Shirley
Carl Sedoryk, General Manager Hallock
19 Upper Ragsdale Dr. #200, Monterey
899-2558 / Website: www.mst.org
Meeting: 2nd Monday of each month at 10:00 a.m.

Mo Co Regional Taxi Authority $50/mtg
Administered by MST
Meeting: Once a year
3) Northern Salinas Valley Mosquito Abatement $100/mtg Goetzelt * 2 year term through 2024
Kenneth Klemme, Manager-Biologist
342 Airport Blvd, Salinas
373-2483 / Website: www.montereycountymosquito.com
Meeting: 2nd Tuesday of each month at 12:00 p.m.
4) Seaside County Sanitation District $100/mtg Uy
Chair: Jerry Blackwelder RagsdaleCronin
440 Harcourt Avenue, Seaside
899-6230 / Website: www.ci.seaside.ca.us
Meeting: 2nd Tuesday of each month at 9:30 a.m.

5) M. Peninsula Water Management District
(MPWMD)
David Stoldt, General Manager
5 Harris Court, Bldg. G, Monterey
658-5600 / Website:
www.mpwmd.dst.ca.us/mpwmd.htm
Meeting: 3
rd Monday of each month at 7:00 p.m
No compensation Hallock (PAC)
Guertin (TAC)
41 Item 1.

JOINT POWERS AUTHORITIES
1) Association of Monterey Bay Governments $50/mtg. Uy
Maura F. Twomey, Executive Director Shirley
24580 Silver Cloud Ct., Monterey
883-3750 or [email protected] / Website: www.ambag.org
Meeting: 2nd Wednesday of each month at 6:00 p.m.
2) Community Human Services No compensation
Robin McCrae, Executive Director
2560 Garden Road, Ste 201, Monterey
658-3811 or [email protected] / Website: www.chservices.org Meeting: 3rd Thursday of each month at 11:00 a.m.

Hallock
Ragsdale-Cronin
3) Monterey One Water (MRWPCA) $50/mtg Donaldson
Paul A. Sciuto, General Manager $100 after July 1 Shirley 5 Harris Court, Bldg. D, Monterey
372-3367 / Website: www.mrwpca.org
Meeting: Last Monday of each month at 6:00 p.m.

SPECIALLY CONSTRUCTED ORGANIZATION
1) Transportation Agency for Monterey County (TAMC) $100/mtg. Donaldson Debbie Hale, Executive Director Uy
55-B Plaza Circle, Salinas
775-0903 / Website: www.tamcmonterey.org
Meeting: 4
th Wednesday of each month at 9:00 a.m.

MISCELLANEOUS

1. City Selection (Mayors) No compensation Donaldson
Meeting: 1st Friday of each month at 11:30
a.m.

2. Monterey Bay Area Insurance Fund (MBAIF) Guertin
Michael Simmons, Risk Manager
100 Pine St., 11th Floor, San Francisco
(415)403-1400 / Website: www.mbasia.org
Meeting: 1st Monday of each month at 9:30 a.m.

3. Seaside Groundwater Basin Watermaster No compensation Shirley Dewey D. Evans, Chief Executive Officer RagsdaleCronin 2600 Garden Road, Suite 228, Monterey
641-0113 / Website: www.seasidebasinwatermaster.org
Meeting: 1st Wednesday of each month at 2:00 p.m.
42 Item 1.

Approved as to form and content at a Regular Meeting of the City Council of the City of Del Rey Oaks held on December 19, 2023.

Signed: Scott Donaldson, Mayor Attest: Karen Minami, City Clerk As of June 21, 2023
Public Safety: Council Members Hallock, Uy and Shirley
Park/Rec: Council Members Hallock, Ragsdale-Cronin and Shirley Public Works: Council Member Ragsdale-Cronin, Uy and Mayor Donaldson Finance: Council Members Ragsdale-Cronin, Shirley, and Mayor Donaldson 43 Item 1.
44 Item 1.

FEBRUARY MARCH
2024

JANUARY

SSFTWTM SSFTWTM SSFTWTM

APRIL MAY JUNE

JULY AUGUST SEPTEMBER

OCTOBER NOVEMBER DECEMBER
City Council Meetings Pink
Planning Commission Meetings Green
City Observed Holidays Blue
45 Item 2.

DATE: December 19, 2023
TO: Honorable Mayor and City Council
FROM: John Guertin, City Manager
SUBJECT: Appointment of Vice Mayor for 2024
CEQA: Enactment of this resolution 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 Councilmember John Uy as Vice Mayor for the 2024 calendar year.

Discussion
California Government Code Section 36801 requires the appointment of a mayor pro tempore or Vice Mayor. At the beginning of 2023, the Council selected Councilmember Shirley to be Vice Mayor for 2023 and that Councilmember Uy would be next in the rotation.

Fiscal Impacts
None.

Respectfully Submitted,
_______________________________
John Guertin
City Manager
46 Item 3.

DATE: December 19, 2023
TO: Honorable Mayor and City Council
FROM: John Guertin, City Manager
SUBJECT: Consider a Contribution of $2,500 to the Monterey County Business Council as Part of a Regional Local Match for the MCBC to Host the Small Business Development Center
CEQA: This is not a project for the purposes of the California Environmental Quality Act (CEQA) and has no potential for resulting in either a direct or indirect impact on the environment.

Recommended Action
It is recommended that the City Council consider approving a partnership with the Monterey County Business Council (MCBC) through a local match contribution of $2,500 and authorizing the City Manager to execute said agreement on behalf of the City if MCBC's application for the Small Business Development Center (SBDC) is awarded.

Background
The Small Business Development Center (SBDC) is a federal, Small Business Administration (SBA) funded program to assist small businesses with resources necessary to be successful. This includes creating business plans, assistance with human resources, access to capital to ensure business owners are creating a solid foundation for their company, and more. Cal Coastal through U.C.

Merced (UCM) currently operates the SBDC in the City of Salinas and over the last 12 months assisted 839 local businesses in Monterey County. No businesses located in Del Rey Oaks took advantage of their services in this time period. The location of its offices only in Salinas may have served as an impediment for local business to fully tap into SBDC’s services. However, if MCBC is successful in its application to host the SBDC, the City of Monterey has committed to hosting a satellite office.

UCM, who manages multiple SBDC's for the Small Business Administration throughout California was notified in October that Cal Coastal is not opting to renew their agreement with UCM for the SBDC designation. Without a local agency willing to step in to host the SBDC, Monterey County stands to lose this valuable resource. Fortunately, MCBC has agreed to step up as the local host, but the turnaround time to apply is tight with a deadline to apply by December 15, 2023. MCBC is currently the only local agency applying for the designation.

Discussion
47 Item 4.

MCBC is requesting a local match from the City of $2,5000 towards the total match requirement of $120,000. This match is needed to secure $400,000 for the federal Small Business Administration (SBA) Small Business Development Center (SBDC) program. In addition to Del Rey Oaks, MCBC is requesting funding from all cities throughout Monterey County. Most other cities have committed to contributing $5,000 to $10,000 with the County committed to contributing the rest to reach the $120,000 total.

MCBC plans to apply for CA GoBiz (Technical Assistance Program) funding in 2024 that would defray the need for future contributions from the City. The local match from Del Rey Oaks would only be needed if MCBC is awarded the designation.

Fiscal Impacts
It is recommended that the City commit $2,500 for the first year of the grant toward the local match requirement of the Small Business Development Center (SBDC) program. Funding would come from General Fund fund balance. This funding is contingent on MCBC securing the SBDC designation and will not be granted to the MCBC if the application is unsuccessful.

Attachments
• Monterey County Business Council Partnership Request
Respectfully Submitted,
_______________________________
John Guertin
City Manager
48 Item 4.

Overview
The Small Business Development Center (SBDC) is a federal, Small Business Administration (SBA) funded program to assist small businesses with resources necessary to be successful. This includes creating business plans, assistance with human resources, access to capital to ensure business owners are creating a solid foundation for their company, and more. Over the last 12 months, SBDC has assisted 839 local businesses in Monterey County.

The SBDC is currently hosted by Cal Coastal (a financial institution) through U.C. Merced (UCM), who manages multiple SBDC’s for the Small Business Administration throughout California. Cal Coastal notified U.C. Merced in October that they are opting not to renew their agreement with UCM for the SBDC designation. The Request for Proposals to host the SBDC was released at the end of October, with a tight deadline to apply by December 15th, 2023.

The current SBDC and Monterey County Business Council (MCBC) have worked collaboratively for years, referring business owners back and forth to each other based on the needs of the companies. MCBC has been working in partnership with the County of Monterey to assist businesses recover from the pandemic - the entirely bilingual staff at MCBC is active in all areas of the county, both in seminars and on foot, engaging businesses. The opportunity to expand those SBDC services to MCBC is a seamless progression for MCBC.

Plan
If selected as the host, Monterey County Business Council plans to run the SBDC a little differently than its current setup---requesting partnerships with the City of Soledad and City of Monterey for satellite offices in South County and Monterey Peninsula, in addition to the home base office in Salinas. This allows business owners to have access to the SBDC services in their area without traveling to Salinas, which is currently the only location. There is also a plan to expand outreach to South County and Monterey Peninsula, to ensure the assistance to those areas increases dramatically.

MCBC currently has bilingual staff, expertly trained in outreach and assistance to businesses – the progression of working as the SBDC is a natural fit.

Funding
MCBC is currently the only local agency applying for the designation. MCBC recognizes the need for the SBDC, and understands if no one applies, Monterey County loses the Small Business 49 Item 4.

Development Center entirely. There is a local match requirement of $120,000 for the $400K federal SBA Small Business Development Center (SBDC) program. There is CA GoBiz (Technical Assistance Program) funding available that MCBC plans to apply for in 2024 (the current SBDC has it), but with one month to submit the RFP, MCBC is unable to secure it from the state for the RFP application. The requirement for funding is promissory for the RFP – the local match would only be required if MCBC is awarded the designation.

The requirement for funding is promissory for the RFP – the local match would only be required if MCBC is awarded the designation.

MCBC has secured $10,000 from the City of Monterey and a satellite location in Monterey and is currently asking for financial commitments from multiple cities. We have confirmation of the following:

County of Monterey - $64,000 – confirmed
Monterey - $10K and satellite office - confirmed
Carmel - $5K - confirmed
King City - $5K - confirmed
Gonzales- $5K – confirmed
Marina - $5K – confirmed
Seaside - $5K confirmed
Soledad - $10K and satellite office (going to council for approval on 12/5) Greenfield - $5K (going to council for approval on 12/12) We are contacting and sending a template staff report with the funding request to:

Sand City - $5K (requested to add to next council meeting) Pacific Grove- $5K (requested to add to next meeting)
Del Rey Oaks - $5K
Request
MCBC is respectfully requesting $5,000 from the City of Del Rey Oaks towards the local match requirement. We also recognize the variance in size of cities and their respective budgets in Monterey County, so we understand if DRO cannot meet the $5K amount---but would ask for participation at some level to show the commitment from all cities. The match would be contingent upon the SBA grant being awarded to Monterey County Business Council. ***
50 Item 4.

DATE: December 19, 2023
TO: Honorable Mayor and City Council
FROM: John Guertin, City Manager
SUBJECT: Authorize the Establishment of a Deputy City Clerk/Permit Clerk Position in the Fiscal Year 2023-24 Budget
CEQA: This is not a project for the purposes of the California Environmental Quality Act (CEQA) and has no potential for resulting in either a direct or indirect impact on the environment.

Recommended Action
It is recommended that the City Council consider approving the Job Description for a Deputy City Clerk/Permit Clerk and amend the Fiscal Year 2023-24 budget to include new position.

Background
In Fiscal Year 2019-20, the City's front office was adequately staffed with an Assistant to the City Manager/City Clerk, Deputy City Clerk, and a part-time Administrative Assistant. However, following the retirement of the Assistant to the City Manager/City Clerk in 2020, adjustments were made to the staffing plan. Karen Minami was promoted from Deputy City Clerk to the vacant position, and, given the unique circumstances of the pandemic, the Council approved the decision to leave the Deputy City Clerk position vacant while upgrading the Administrative Assistant position to full-time status. This staffing configuration has remained in place since 2021.

Discussion
As our community emerges from the challenges posed by the pandemic, City administrative services and operational demands have rebounded to peak, pre-pandemic levels. Since the implementation of the current staffing plan, there has been a sustained increase in workload and service demands.

Factors contributing to this uptick include a return to in-person meetings, a rise in the number of meetings and events, heightened permit activity, management of significant Public Works and Parks projects, oversight of the short-term rental program and business licenses, conduct of special elections, and ongoing efforts to enhance processes and technology.

Given the compelling need to address the increased workload and service demands on City Administration, it is recommended that the City Council approves the Job Description for the Deputy City Clerk/Permit Clerk position and amends the Fiscal Year 2023-24 budget to incorporate this new 51 Item 5.
position. This will help ensure that our city continues to provide efficient and effective services to our residents and businesses.

Fiscal Impacts
The anticipated cost of the new position, which will be filled at Step 1 in the salary range, is $63,440, plus associated benefits. These costs will be covered by salary savings resulting from the unfilled Sergeant position, ensuring a budget-neutral impact.

Attachments
• Deputy City Clerk/Permit Clerk Job Description
• Amended Salary Schedule
Respectfully Submitted,
_______________________________
John Guertin
City Manager
52 Item 5.

Job Description: Deputy City Clerk/Permit Clerk
Definition
Under direction, the Deputy City Clerk/Permit Clerk performs a wide variety of clerical duties such as receptionist, permit processing, dog park registrations, park rental scheduling, records management, data entry, word processing, and customer service.

The position assists the City Clerk with maintaining the official records of the City and other commissions and committees, including minutes and actions taken; provides a variety of public service activities including taking in payments, resolving customer service problems and providing information and assistance regarding City services and procedures.

Supervisory Relationship
Reports to the City Clerk. Works independently under the guidance of City policies, procedures, ordinances, and codes.

Examples of Duties (Illustrative Only)
Front Counter Duties:
• Greets the public at the counter and on the telephone. Answers questions regarding the permit processes, park rentals, short-term-rental (STR) applications and license requirements, refers technical inquiries to proper staff. Schedules inspections.

Provides explanation of policies and procedures, processes application materials, provides cashiering services.
• Reviews and accepts permit applications, initiates permit cases, and processes "over-the-counter" permits. Issues permits to the public. • Reviews and processes short-term-rental (STR) applications and licenses, including updating registration tracking spreadsheets, mails compliance letters, and tracks management/ownership changes on rental properties.
• Processes and tracks dog park registrations.
• Schedules and processes park facility rentals.
53 Item 5.

Clerk Duties:
• Utilizes a variety of computer programs, including a (STR) tracking system, word processing, spreadsheet and database applications.
• Maintains filing systems. Assists staff and public with record requests. • Prepares routine correspondence and takes meeting notes. Assists with special and routine mailings.
• Collects and receipts payments for building, encroachment, fence and other permits, business licenses and other revenues due to the City.
• Assists with business license tracking, and billing.
• Performs other related duties within the scope of the classification.

Knowledge, Skills, and Abilities
The City Clerk should possess the following knowledge, skills, and abilities:
• Standard office practices and procedures including ability to file alpha-numerically, indexing, cross reference methods, etc.
• Good working knowledge of standard office equipment operation, including desktop computers and standard office software applications.
• Purpose, practices, and policies of the City, including the operational relationships between the City, other governmental agencies and community groups and agencies.
• Knowledge of business English including reading, composition, punctuation, spelling, grammar and format. Legible handwriting.
• Knowledge of record-keeping principles and procedures. • Good oral communication skills, interpersonal sensitivity, assertiveness and stress tolerance for dealing with the public.
• Strong customer service skills to work with a variety of citizens and personnel using tact, courtesy and good judgment.
• Strong computer skills including word processing, data entry/retrieval, spreadsheet applications.
• Good written communication skills to prepare minutes, correspondence and reports. • Ability to work independently in carrying out position responsibilities. • Ability to handle several tasks simultaneously and to plan and organize work to meet deadlines while maintaining accuracy and attention to detail in an environment of frequent interruptions.
54 Item 5.

Education and Experience
Any combination of training and experience that provides the required knowledge, skills, and abilities is qualifying. A typical qualification would be:
• Two years clerical experience in a busy office environment, including public reception duties with extensive public contact.
• Experience utilizing a variety of computer software applications including data entry/retrieval, spreadsheets, word processing, files maintenance and records management.

License and Certificates
The Deputy City Clerk/Permit Clerk should possess or have the ability to obtain:
• A Notary Public certification.
• A Certified Municipal Clerk certification is highly desirable.

Working Conditions:

Physical Demands:

Work is performed primarily in a standard office setting with moderate noise levels and controlled temperature conditions. The position involves using standard office equipment, including a computer. While the role is primarily sedentary, standing and walking between work areas may be required. The Deputy City Clerk/Permit Clerk should have finger dexterity to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Occasionally, the employee may need to bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. The ability to lift, carry, push, and pull materials and objects up to 25 pounds is also necessary.

Environmental Elements:

The Deputy City Clerk/Permit Clerk works in an office environment with controlled temperature conditions and no direct exposure to hazardous physical substances.

Special Requirements:

The Deputy City Clerk/Permit Clerk is required to attend various meetings, some of which may occur at night.
55 Item 5.

Note: This job description is not exhaustive and may be subject to changes and additional duties as assigned by the City Clerk and/or City Manager. .
56 Item 5.

Title Step 1 Step 2 Step 3 Step 4 Step 5 Contract
City Manager Per Contract
Monthly 16,844.50
Bi-weekly 7,774.40
Hourly Rate 97.18
Annual 202,134.00
Chief of Police Per Contract
Monthly 13,333.33
Bi-weekly 6,154.00
Hourly Rate 76.93
Annual - - - - - 160,000.00
City Clerk
Monthly 6,974.92 7,323.33 7,689.08 8,073.83 8,477.75
Bi-weekly 3,219.20 3,380.00 3,548.80 3,726.40 3,912.80
Hourly Rate 40.24 42.25 44.36 46.58 48.91
Annual 83,699.00 87,880.00 92,269.00 96,886.00 101,733.00 Deputy City Clerk/Permit Clerk
Monthly 5,286.67 5,551.83 5,829.17 6,120.42 6,427.17
Bi-weekly 2,440.00 2,562.40 2,690.40 2,824.80 2,966.40
Hourly Rate 30.50 32.03 33.63 35.31 37.08
Annual 63,440.00 66,622.00 69,950.00 73,445.00 77,126.00 Administrative Assistant
Monthly 4,550.00 4,777.08 5,016.25 5,267.58 5,531.08
Bi-weekly 2,100.00 2,204.80 2,315.20 2,431.20 2,552.80
Hourly Rate 26.25 27.56 28.94 30.39 31.91
Annual 54,600.00 57,325.00 60,195.00 63,211.00 66,373.00 Police Commander
Monthly 8,526.67 8,952.58 9,400.33 9,869.83 10,363.08
Bi-weekly 3,935.40 4,131.96 4,338.60 4,555.32 4,782.96
Hourly Rate 46.85 49.19 51.65 54.23 56.94
Annual 102,320.00 107,431.00 112,804.00 118,438.00 124,357.00 Police Sergeant
Monthly 7,525.67 7,902.42 8,297.42 8,712.33 9,147.33
Bi-weekly 3,473.40 3,647.28 3,829.56 4,021.08 4,221.84
Hourly Rate 41.35 43.42 45.59 47.87 50.26
Annual 90,308.00 94,829.00 99,569.00 104,548.00 109,768.00 Police Officer
Monthly 6,490.08 6,814.08 7,154.42 7,513.00 7,887.92
Bi-weekly 2,995.44 3,144.96 3,302.04 3,467.52 3,640.56
Hourly Rate 35.66 37.44 39.31 41.28 43.34
Annual 77,881.00 81,769.00 85,853.00 90,156.00 94,655.00 Public Works Supervisor
CITY OF DEL REY OAKS Revise 12/19/23
SALARY SCHEDULE FOR FISCAL YEAR 2023-2024
57 Item 5.

Monthly 5,655.83 5,938.42 6,234.83 6,546.83 6,964.50
Bi-weekly 2,610.40 2,740.80 2,877.60 3,021.60 3,214.40
Hourly Rate 32.63 34.26 35.97 37.77 40.18
Annual 67,870.00 71,261.00 74,818.00 78,562.00 83,574.00 Temporary/Part Time EE
Hourly Rate At the discretion of the City Manager 50.00 58 Item 5.
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1 2021 Monterey County Peninsula Cities Blueprint,
https://info.bluezonesproject.com/montereycounty.

DATE: December 19, 2023
TO: Honorable Mayor and City Council
FROM: John Guertin, City Manager
SUBJECT: First Reading of Tobacco Retailer License Ordinance and Smoke Free Public Place Ordinance
CEQA: This activity is covered by the commonsense exemption that the California Environmental Quality Act (CEQA) applies only to projects that have the potential to have 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 pursuant to Section 15061(b)(3) of the CEQA Guidelines.

Recommended Action
It is recommended that the City Council:

1. Open a public hearing; and

2. Consider introducing and reading by title only and waiving further reading Ordinance 316, Adopting a Comprehensive Tobacco Retailer License; and

3. Consider introducing and reading the title only and waiving the further reading of Ordinance 317 Establishing a Smoke-Free Public Place.

Background
The proposed ordinances have been brought forward for consideration by Council members Shirley and Hallock in coordination with staff from the County of Monterey Health Department. An overview of the proposed ordinances was presented to the Council on October 24, 2023 and staff was directed to bring the attached ordinances to the Council for consideration.

Discussion
Currently, the City of Del Rey Oaks is part of the of the Peninsula Cities work of Blue Zone Projects, a Monterey County-wide initiative committed to ensuring that all people have a fair and just opportunity to live a long and healthy life. One of the focal points for the Blue Zones Project is their “Tobacco Policy” which encourages local agencies to create an environment where smoking (including vaping) and the use of nicotine is less desirable, accessible, and acceptable.1 112
Item B.
2 United States Department of Health and Human Services, The Health Consequences of Smoking: 50 Years of Progress. A Report of the Surgeon General (2014).
https://www.ncbi.nlm.nih.gov/books/NBK179276/pdf/Bookshelf_NBK179276.pdf 3United States Department of Health and Human Services, The Health Consequences of Involuntary Exposure to Tobacco Smoke, A Report of the Surgeon General (2006), https://www.cdc.gov/tobacco/sgr/2006/pdfs/no-riskfree.pdf 4 Tam D. Vuong, California Tobacco Facts and Figures, California Department of Health (2019) Tobacco Retailing License
Monterey County enacted an ordinance to establish tobacco licensing regulations. The County has asked local jurisdictions to adopt tobacco licensing ordinances mirroring the County so the County can enforce compliance with tobacco laws uniformly throughout the County. Attachment 1 (Comprehensive Tobacco Retail License Ordinance #316) would ensure tobacco retailers comply with tobacco control laws and business standards. This ordinance would also meet the Blue Zone’s intent to decrease secondhand smoke exposure (including aerosol from e-cigarettes and smoke from marijuana) and reduce access to, and availability of smoking, vaping, and tobacco products.

The proposed ordinance before the City Council is modeled after the County’s Ordinance (Attachment 3).

Smoke-Free Public Places
The Monterey County Health Department has advised staff that tobacco use is the number one cause of preventable deaths in California. 2 Secondhand smoke has repeatedly been identified as a health hazard and the U.S. Surgeon General has concluded that there is no risk-free level of exposure to secondhand smoke.3 Over the last decade, many California communities have passed tobacco-free laws or regulations that cover outdoor areas such as parks, recreational facilities, beaches, outdoor workplaces, restaurant and bar patios, transit waiting areas, and public events such as county fairs and farmers’ markets. As of January 2019, more than 235 California cities and counties had adopted outdoor secondhand smoke ordinances.4 Attachment 2 (Smoke-Free Public Place Ordinance #317) is based on a model ordinance that can be modified for local purposes to limit exposure to secondhand smoke.

These proposed ordinances are submitted for City Council consideration.

Fiscal Impacts
There are no fiscal impacts associated with consideration of this item.

Attachments
• Comprehensive Tobacco Retailer Licensing Ordinance #316 • Establishing a Smoke Free Public Place Ordinance #317 • Monterey County Code Chapter 7.80 TOBACCO RETAILER LICENSE Respectfully Submitted,
_______________________________
John Guertin
City Manager
113
Item B.

ORDINANCE NO. 316
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL REY OAKS AMENDING TITLE 5 OF THE DEL REY OAKS MUNICIPAL CODE BY ADDING CHAPTER 5.28, “TOBACCO RETAILER LICENSE”
WHEREAS, the State of California enacted California Business and Professions Code, Division 8.6, entitled “Cigarette and Tobacco Products Licensing Act of 2003” (the “Act”) to control tobacco sales; and WHEREAS, the Act explicitly permits cities and counties to enact local tobacco retail licensing ordinances, and allows for the suspension or revocation of a local license for a violation of any state tobacco control law (Cal. Bus. & Prof. Code § 22971.3); and WHEREAS, pursuant to the authority established by the Act applicable to a local entity’s ability to adopt tobacco licensing regulations, Monterey County (“County”) enacted Ordinance 5200 adding Chapter 7.80, “Tobacco Retailer License” to the County Code establishing licensing requirements for tobacco retailing to “encourage responsible retailing of tobacco” and to “discourage violations of tobacco-related laws”; and
WHEREAS, over 200 cities and counties in California have passed tobacco retailer licensing ordinances in an effort to stop youth from using tobacco; and WHEREAS, a majority of cities within the County have adopted a tobacco retail licensing ordinance; and
WHEREAS, the City of Del Rey Oaks (“City”) has a substantial interest in protecting youth and underserved populations from the harms of tobacco use; and WHEREAS, despite the state’s efforts to limit youth access to tobacco, youth are still able to access tobacco products, as evidenced by the following: In 2022, 27.7 percent of retailers illegally sold tobacco to young adult decoys; almost 90% of adults who smoke began by age 18, and 99% began by age 26; disparities in tobacco use exist among California high school students, with higher rates found among LGBTQ, American Indian, and Pacific Islander youth; in 2023, 20.3% of high school students in California had tried some sort of tobacco product, and almost 18% of high school students have tried vapes; and WHEREAS, youth are more receptive to and influenced by tobacco advertising compared to adults, and the tobacco industry spends an estimated $485 billion in tobacco advertising in California each year; and
WHEREAS, research indicates that the density and proximity of tobacco retailers increase smoking behaviors, including number of cigarettes smoked per day, particularly in neighborhoods experiencing poverty; and
WHEREAS, the density of tobacco retailers near adolescents’ homes has been associated with increased youth smoking rates and initiation of noncigarette tobacco product use; and WHEREAS, adults who smoke are likely to have a harder time quitting when residential proximity to tobacco retailers is closer and density is higher; and 114
Item B.

WHEREAS, the City Council finds that a local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the City in order to protect the health, safety, and welfare of our residents; and WHEREAS, the County Health Department has asked for local jurisdictions to adopt tobacco licensing ordinances mirroring the County’s, so the County can enforce compliance with tobacco laws uniformly throughout the County and improve overall compliance while limiting sales to minors; and WHEREAS, City staff and County staff have a long history of working together to promote community health and wellness; and
WHEREAS, the activity is covered by the commonsense exemption that the California Environmental Quality Act (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 pursuant to Section 15061(b)(3) the CEQA Guidelines;

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DEL REY OAKS DOES ORDAIN AS FOLLOWS:

Section 1. Findings.

1. The City Council finds and determines the recitals set forth above to be true and correct and by this reference, incorporates the same herein as findings.

2. The City Council finds that the recitals set forth above contain persuasive support for the proposition that the City has adequate authority to allow and regulate tobacco retail sales in the City.

3. The City Council hereby finds that it is in the best interest of the health, safety and welfare of the residents of the City to establish regulations that will license tobacco retail sales within the City.

4. The City wishes to adopt regulations that mirror County Code 7.80 so as to allow either the City or the County to oversee and enforce provisions applicable to licensing tobacco retailers.

Section 2. New Chapter 5.28, “Tobacco Retail Licensing” is hereby added to Title 5, BUSINESS LICENSES AND REGULATIONS, of the Del Rey Oaks Municipal Code as follows:

CHAPTER 5.28 - TOBACCO RETAILER LICENSE
Sections:
• 5.28.010 Monterey County Tobacco Retailer License Provisions Adopted

5.28.010 Monterey County Tobacco Retailer License Provisions Adopted A. Monterey County Code Chapter 7.80, titled “Tobacco Retailer License” pertaining to tobacco retailer products, as may be amended, is hereby adopted by the city and incorporated by reference into this Chapter, and made a part hereof, and shall be enforced within the limits of the city.

B. For purposes of the city, the following terms shall apply to incorporation of the Monterey County ordinance into this Chapter.
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Item B.

1. All reference to the term “unincorporated areas of the County of Monterey,” “County of Monterey,” “Monterey County,” or “County” in the Monterey County Code shall be amended to include the term “city limits of Del Rey Oaks.”

2. All reference to the term “County of Monterey,” “Monterey County,” or “County” in the Monterey County Code shall be amended to include the term “City of Del Rey Oaks.”

3. All reference to the term “Chapter” in the Monterey County Code shall be to the term “Chapter” in the Del Rey Oaks Municipal Code.

4. All reference to the term “Code” in the Monterey County Code shall be to the Del Rey Oaks Municipal Code.

5. All reference to the term “Board of Supervisors of the County of Monterey,” in the Monterey County Code shall be amended to include the term “Del Rey Oaks City Council.” C. Basis for Establishing the Tobacco Retail License Program. The Monterey County Code titled “Chapter

7.80 – Tobacco Retail License,” with accompanying Chapter section and all subsequent revisions or amendments, are hereby adopted by reference and declared to be a part of this Chapter.

D. A violation of the Monterey County ordinance is considered an infraction and a violation of the Del Rey Oaks Municipal Code and may be enforced pursuant to Chapter 1.19.

Section 3. Severability.

It is the intent of the City Council of the City of Del Rey Oaks to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase independently, even if any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases were declared invalid or unenforceable.

Further, if any section, subsection, subdivision, paragraph, sentence, clause, or phrase of Monterey County Code Chapter 7.80, titled “Tobacco Retailer License”, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase of Monterey County Code Chapter 7.80 independently, even if any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases were declared invalid or unenforceable.

Section 4. Effective Date.
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Item B.

This ordinance shall be in full force and effect thirty (30) days following its passage and adoption, as certified by the City Clerk. This foregoing ordinance was introduced at a regular meeting of the City Council and read on the 19th day of December 2023 and was adopted on the XXth day of XXX 202X, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

SIGNED:
_______________________________
Scott Donaldson, Mayor
ATTEST:
___________________________
Karen Minami, City Clerk
117
Item B.

ORDINANCE NO. 317
AN ORDINANCE OF THE CITY OF DEL REY OAKS AMENDING TITLE 9, “CONDUCT ON PUBLIC PROPERTY,” OF THE DEL REY OAKS MUNICIPAL CODE BY DELETING SECTION 9.05.100, “SMOKING ON PUBLIC PROPERTY,” AND AMENDING TITLE 8, “HEALTH AND SAFETY,” OF THE DEL REY OAKS MUNICIPAL CODE BY ADDING CHAPTER 8.38, “SMOKE FREE PUBLIC PLACES,”

TO REGULATE SMOKING AND TOBACCO USE
WHEREAS, secondhand smoke has been repeatedly identified as a health hazard; and WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and exposure to secondhand smoke can occur at significant levels outdoors; and WHEREAS, smoking cigarettes near building entryways can increase air pollution levels by more than two times background levels, with maximum levels reaching the “hazardous” range on the United States Environmental Protection Agency’s Air Quality Index; and WHEREAS, exposure to secondhand smoke causes death and disease, as since 1964 approximately 2.5 million nonsmokers have died from health problems caused by exposure to secondhand smoke; and
WHEREAS, secondhand smoke was responsible for an estimated 34,000 heart disease-related and 7,300 lung cancer-related deaths among adult nonsmokers each year during 2005 - 2009 in the United States; and
WHEREAS, secondhand cannabis smoke has been identified as a health hazard, as evidenced by the following:
• The California Environmental Protection Agency includes cannabis smoke on the Proposition 65 list of chemicals known to the state of California to cause cancer; • Cannabis smoke contains at least 33 known carcinogens; • In one study, exposure to cannabis smoke in an unventilated setting resulted in detectible levels of cannabinoids in non-smoker participants’ blood and urine, and participants experienced minor increases in heart rate and impaired cognitive performance; and
• A recent systematic review of the literature concluded that secondhand exposure to cannabis smoke leads to cannabinoid metabolites in bodily fluids and individuals experiencing self-reported psychoactive effects; and
WHEREAS, significant disparities in tobacco use exist in California, which create barriers to health equity as African American (17.0%) and American Indian (19.1%) Californians report a higher smoking prevalence than white Californians (11.8%); and WHEREAS, Californians with the highest levels of educational attainment and annual household income report the lowest smoking rates; and
WHEREAS, smokeless tobacco is not a safe alternative to smoking and causes its own share of death and disease, as smokeless tobacco use can lead to nicotine addiction, and cause oral, esophageal, and pancreatic cancers; and
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Item B.

WHEREAS, smokeless tobacco use is associated with increased risk for heart disease and stroke and stillbirth and preterm delivery; and
WHEREAS, electronic smoking device aerosol may be considered a health hazard, as evidenced by the following:
• Research has found electronic smoking device aerosol contains at least 12 chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm, such as formaldehyde, acetaldehyde, lead, nickel, chromium, arsenic, and toluene; • Electronic smoking device aerosol is not harmless water vapor as it contains varying concentrations of particles and chemicals with some studies finding particle sizes and nicotine concentrations similar to, or even exceeding, conventional cigarette smoke; • Evidence continues to build that exposure to electronic smoking device aerosol, including secondhand exposure, has immediate impacts on the human respiratory and cardiovascular systems, and poses a risk to human health; and • Given the increasing prevalence of electronic smoking device use, especially among youth and young adults, widespread nicotine exposure resulting in addiction and other harmful consequences of serious concerns; and
WHEREAS, the activity is covered by the commonsense exemption that the California Environmental Quality Act (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 pursuant to Section 15061(b)(3) the CEQA Guidelines;

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DEL REY OAKS DOES ORDAIN AS FOLLOWS:

Section 1. Findings.

The City Council finds and determines the recitals set forth above to be true and correct and by this reference, incorporates the same herein as findings.

Section 2. Existing Municipal Code section 9.05.100 of Chapter 9.05, titled “Smoking On Public Property” shall be amended by the deletion of all text as shown in strikeout (strikeout text) below:

9.05.100 - Smoking on public property.

No person shall smoke a cigar, cigarette, pipe or other smoking material, in any city building or portion thereof, except in those areas wherein "smoking permitted" signs are posted.

Section 3. New Chapter 8.38, “Smoke Free Public Places” is hereby added to Title 8, HEALTH AND SAFETY, of the Del Rey Oaks Municipal Code as follows:

CHAPTER 8.38 SMOKE FREE PUBLIC PLACES
Sections:

8.38.010 Purpose and Intent.

8.38.020 Definitions.
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Item B.

8.38.030 Prohibition of Smoking in Unenclosed Areas.

8.38.040 Smoke Free Buffer Zones.

8.38.050 Tobacco Waste.

8.38.060 Enforcement.

8.38.070 Violation and Penalties.

8.38.010 Purpose and Intent.

The council of the City of Del Rey Oaks hereby finds:
(a) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution; and
(b) Reliable studies have shown that breathing secondhand smoke is a significant health hazard for certain population groups, including elderly people, those with cardiovascular disease, and those with impaired respiratory function, including asthmatics and those with obstructive airway disease; and
(c) Health hazards induced by breathing secondhand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasm; and
(d) The smoking or vaping of tobacco, or any other plant or substance, is a proven danger to health; and
(e) Section 6404.5 of the California Labor Code prohibits smoking in a “place of employment,” with certain exceptions, and provides that local government may regulate smoking in any areas not included within the definition of place of employment. The provisions of this chapter are intended to prohibit smoking in areas deemed by the council as worthy of regulation, such areas, in the opinion of the council, not covered by Labor Code Section 6404.5, as may be amended. (f) The use of electronic smoking devices has increased significantly in recent years, and studies on electronic smoking devices’ vapor emissions and cartridge contents have found a number of dangerous substances.

8.38.020 Definitions.

For the purposes of this chapter the following definitions shall govern unless the context clearly requires otherwise.

A. “Cannabis” has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time.

B. “Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an ecigarette, e-cigar, e-pipe, vape pen, or e-hookah. This shall not include inhalers or medical devices prescribed by a physician for medical purposes.
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Item B.

C. “Enclosed area” means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent.

D. “Multi-unit Residence” means property containing three or more units, including, but not limited to, apartment buildings, common interest developments, senior and assisted living facilities, and long-term health care facilities.

E. “Outdoor Dining Area” means any publicly or privately owned outdoor area, including streets and sidewalks, that is available to or customarily used by the general public or an employee, and that is designed, established, or regularly used for consuming food or drink.

F. “Person” means any natural person, business, corporation, partnership, cooperative association, personal representative, receiver, trustee, assignee, or any other legal entity.

G. “Public event areas” means any publicly or privately owned place used for an event open to the general public, regardless of any fee or age requirement, including a farmers’ market, parade, fair, or festival.

H. “Public place” means any publicly or privately owned place that is open to the general public, regardless of any fee or age requirement, including public parks, streets, parking lots, plazas, shopping areas, stadiums, or sporting facilities.

I. “Recreational area” means any publicly or privately owned area, including streets and sidewalks located within the area, that is open to the general public for recreational purposes, regardless of any fee or age requirement. The term “Recreational Area” includes, but is not limited to, facilities, parks, playgrounds, athletic fields, restrooms, picnic areas, spectator and concession areas, walking paths, gardens, vernal ponds, hiking trails, bike paths, riding trails, roller and ice-skating rinks, and skateboard parks.

J. “Service area” means any publicly or privately owned area, including streets and sidewalks, designed to be used or is regularly used by one or more persons to receive a service, wait to receive a service, or to make a transaction, whether or not such service or transaction includes the exchange of money. The term “service area” includes, but is not limited to, areas including or within 25 feet of information kiosks, automatic teller machines (ATMs), service lines, bus stops or shelters, or cab stands.

K. “Service lines” means an outdoor line, in any publicly or privately owned area, in which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including but not limited to, ATM lines, concert lines, food vendor lines, mobile vendor lines, movie ticket lines, and sporting event lines.

L. “Smoke” or “Smoking” means: (1) inhaling, exhaling, or burning, any tobacco, nicotine, cannabis, or plant product, whether natural or synthetic; (2) carrying any lighted, heated, or activated tobacco, nicotine, cannabis, or plant product, whether natural or synthetic, intended for inhalation; or (3) using an electronic smoking device or hookah.
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Item B.

M. “Tobacco Product” means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah, tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco, and any product or formulation of matter containing biologically active amounts of nicotine that is product or matter that will be introduced into the human body.

N. “Tobacco product waste” means any component, part, or remnant of any tobacco product.

Tobacco product waste includes any waste that is produced from the use of a tobacco product, including all tobacco product packaging and incidental waste such as lighters or matches, whether or not it contains tobacco or nicotine.

O. “Tobacco use” means the act of smoking or the consumption of any other tobacco product in any form.

P. “Unenclosed area” means any area that is not an enclosed area.

8.38.030 Prohibition of Smoking in Unenclosed Areas.

A. Smoking is prohibited in the unenclosed areas of the following places within the city:

1. Recreational areas

2. Service areas

3. Outdoor dining areas

4. Public event areas

5. Sidewalks

6. Public places
B. Nothing in this chapter prohibits any person or employer with control over any property from prohibiting smoking and tobacco use on any part of such property, even if smoking or tobacco use is not otherwise prohibited in that area.

8.38.040 Smoke Free Buffer Zones
Smoking in all unenclosed areas shall be prohibited within 25 feet from any area in which smoking is prohibited under Section 8.38.030 of this chapter or by any other law. This prohibition shall not apply to unenclosed areas of private residential properties that are not multi-unit residences.

8.38.050 Tobacco Waste
A. No person or employer shall permit smoking ash receptacles within an area under their control and in which smoking is prohibited by law, including within twenty-five (25) feet from any area in which smoking is prohibited. The presence of smoking ash receptacles in violation of this subsection shall not be a defense to a charge of smoking in violation of any provision of this chapter.

B. No person shall dispose of tobacco product waste within the boundaries of an area in which smoking is prohibited.

8.38.060 Enforcement
A. No person shall permit smoking or tobacco use in an area that is under the control of that person and in which smoking, or tobacco use is prohibited by this article or any other law. 122
Item B.

B. Event organizers shall post no smoking signs at an entrance to the event. Signs shall have letters of no less than one inch in height and shall include the international “No Smoking” symbol and may be printed.

C. A person that has control of an area in which smoking and tobacco use is prohibited by this chapter shall direct anyone who is smoking or using tobacco in violation of this chapter to extinguish the product being smoked or stop using the tobacco product.

D. No person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this chapter.

8.38.070 Violations and Penalties.

Enforcement of these provisions shall be governed by Chapters 1.19 of the Del Rey Oaks Municipal Code. Each instance of smoking or tobacco use in violation of this chapter shall be an infraction and constitute a separate violation. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

Section 3. California Environmental Quality Act (CEQA).

The adoption of this ordinance is exempt from the California Environmental Quality Act, based on 14 California Code of Regulations Section 15061(b)(3), where, as the case here, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment because no change in existing permitted uses of land results from adoption of this ordinance, and to the extent impacts associated with the proposed location of cultivation and manufacturing facilities exist, they have been previously addressed in other environmental documents.

Section 4. Severability.

Section 5. Effective Date.

This ordinance shall be in full force and effect thirty (30) days following its passage and adoption, as certified by the City Clerk.

This ordinance was introduced and read on the 19th day of December 2023 and was finally adopted on the XXth day of XXX 202X, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:
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ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

SIGNED:
_______________________________
Scott Donaldson, Mayor
ATTEST:
_______________________________
Karen Minami, City Clerk
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ATTACHMENT 3 Title 7 - BUSINESS TAXES, LICENSES AND REGULATIONS Chapter 7.80 TOBACCO RETAILER LICENSE
Monterey County, California, Code of Ordinances Created: 2023-08-21 13:07:18 [EST] (Supp. No. 51)

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Chapter 7.80 TOBACCO RETAILER LICENSE

7.80.010 Purpose and application.

A. In promoting the health, safety, and general welfare of its residents, the County has a substantial interest in encouraging compliance with Federal, State, and local laws regulating tobacco sales and use.

B. State law permits local governments to enact ordinances regarding the local licensing of retailers of tobacco and allows for the suspension or revocation of a local license for a violation of any State tobacco control law.

C. This Chapter is adopted to: (1) ensure compliance with business standards and practices of the County; (2) encourage responsible retailing of tobacco; (3) promote the health and welfare of youth by discouraging the commercial exploitation of underage tobacco users; and (4) discourage violations of tobacco-related laws, but not to expand or reduce the degree to which the acts regulated by Federal or State law are criminally proscribed or otherwise regulated.

D. This Chapter applies in the unincorporated area of the County of Monterey. (Ord. No. 5200, § 1, 5-15-2012; Ord. No. 5372 , § 2, 3-15-2022)

7.80.020 Definitions.

For the purpose of this Chapter, the following words and terms shall have the following meaning:

A. "Department" means the Monterey County Health Department.

B. "Drug paraphernalia" shall have the definitions set forth in California Health and Safety Code Section 11014.5, as that Section may be amended from time to time.

C. "Flavored tobacco product" shall mean any tobacco product that contains a taste or smell, other than the taste or smell of tobacco, that is distinguishable by a consumer either prior to, or during the consumption of, a tobacco product, including but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey or any candy, dessert, alcoholic beverage, herb or spice.

D. "Health Officer" means the Health Officer of the County of Monterey or his or her designee.

E. "License" means a Tobacco Retailer License issued by the County pursuant to this Chapter.

F. "Licensee" means any Proprietor holding a License issued by the County pursuant to this Chapter.

G. "License Fee" means the charge established by resolution of the Board of Supervisors of the County of Monterey, calculated to recover the reasonable regulatory costs of issuing and administering licenses, retailer education, performing investigations, inspections, and the administrative enforcement and adjudication thereof.

H. "Person" means any natural person, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

I. "Proprietor" means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten (10) percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest 125
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shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business.

J. "Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed or used for the smoking or ingestion of tobacco products.

K. "Tobacco product" means any substance containing tobacco leaf- including but not limited to cigarettes, cigars, pipe tobacco, hookah, tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco - and any product or formulation of matter containing biologically active amounts of nicotine that is product or matter will be introduced into the human body, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco product dependence.

L. "Tobacco retailer" means any person who engages in tobacco retailing.

M. "Tobacco retailing" means selling, offering for sale, exchanging, or offering to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia without regard to the quantity sold, offered for sale, exchanged, or offered for exchange.

N. "Sale," "sell" or "to sell" means any transaction where, for any consideration, ownership is transferred from one (1) person or entity to another including, but not limited to any transfer of title or possession for consideration, exchange or barter, in any manner by any means.

O. "Single use electronic cigarette" means any single-use device or delivery system sold in combination with nicotine which can be used to deliver to a person nicotine in aerosolized or vaporized form, including but not limited to, a single-use e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Single use electronic cigarettes shall not include any product that has been approved by the Food and Drug Administration for sale as a tobacco cessation product or other therapeutic purposes where that product is marketed and sold solely for such approved use.

P. "State" means the State of California.
(Ord. No. 5200, § 1, 5-15-2012; Ord. No. 5372 , § 2, 3-15-2022)

7.80.030 Mandatory license.

A. Any person who is or intends to become a tobacco retailer shall obtain pursuant to this Chapter a license for each fixed location at which tobacco retailing is to occur.

B. Any person who is a tobacco retailer as of the effective date of the ordinance enacting this Chapter shall obtain a license within ninety (90) days of the effective date of the ordinance that enacted this Chapter.

C. Any person who intends to act as a tobacco retailer shall obtain a license prior to acting as a tobacco retailer.

D. Each license shall be prominently displayed in a publicly visible location at the licensed location.

E. Nothing in this Chapter shall be construed to grant any licensee any status or right other than to act as a tobacco retailer at the location identified on the face of the license, subject to compliance with all other applicable laws, regulations, or ordinances.

F. Nothing in this Chapter shall be construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law.
(Ord. No. 5200, § 1, 5-15-2012)
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7.80.040 Issuance of license.

A. No license shall be issued to authorize tobacco retailing at other than a fixed business location. It is unlawful for any person to engage in tobacco retailing at non-fixed locations. For example, tobacco retailing by persons on foot and tobacco retailing from vehicles are prohibited.

B. No license shall be issued to authorize tobacco retailing at a temporary or recurring temporary event. For example, tobacco retailing at flea markets and farmers' markets is prohibited.

C. No license shall be issued to authorize tobacco retailing at any location for which a license suspension is in effect or during a period of ineligibility following a revocation pursuant to Section 7.80.100.

D. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of this Chapter for a licensee, or any of the licensee's agents or employees, to violate any local, State, or Federal law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing.

E. No person engaged in tobacco retailing shall sell or transfer a tobacco product or tobacco paraphernalia to another person who appears to be under the age of twenty-seven (27) without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under State law to purchase and possess the tobacco product or tobacco paraphernalia.

F. No person who is younger than the minimum age established by State law for the purchase or possession of tobacco products shall engage in tobacco retailing.

G. It shall be a violation of this Chapter for any tobacco retailer or any of the tobacco retailer's agents or employees to sell or offer for sale, or to possess with intent to sell or offer for sale, any flavored tobacco product.

1. It should be a rebuttable presumption that a tobacco retailer in possession of four (4) or more flavored tobacco products, including, but not limited to, individual flavored tobacco products, packages of flavored tobacco products, or any combination thereof, possesses such flavored tobacco products with intent to sell or offer for sale.

2. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has:
a. Made a public statement or claim that the tobacco product imparts a characterizing flavor; b. Used text and/or images on the tobacco products' labeling or packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor; or c. Taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor.

H. It shall be a violation of this Chapter for any tobacco retailer or any of the tobacco retailer's agents or employees to sell or offer for sale, or to possess with intent to sell or offer for sale, any single use electronic cigarette.
(Ord. No. 5200, § 1, 5-15-2012; Ord. No. 5372 , § 2, 3-15-2022)

7.80.050 Applications for license.

All applications for a license shall be submitted to the Department in the name of each proprietor proposing to conduct tobacco retailing and signed by each prospective proprietor or an authorized agent. Each license application must be accompanied by the required license fee, which is set by resolution of the Board of 127
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Supervisors. A proprietor proposing to conduct tobacco retailing at more than one (1) location shall submit a separate application for each location. Every application shall contain the following information:

A. The name, address, and telephone number of each prospective proprietor; B. The business name, address, and telephone number of the fixed location for which the license is sought;
C. Whether or not each prospective proprietor has previously been issued a license pursuant to this Chapter that is, or was at any time, suspended or revoked and, if so, the date of the suspension or revocation;
D. Proof that the location for which a license is sought has been issued a valid State cigarette and tobacco products retail license by the State of California Board of Equalization pursuant to the California Cigarette and Tobacco Products Licensing Act of 2003 (Cal. Bus. & Prof. Code, §§ 22970 et seq.); E. A statement signed by each prospective proprietor that no drug paraphernalia is or will be sold at the location for which the license is sought;
F. A statement signed by each prospective proprietor that the proprietor is informed of the laws affecting licenses; and
G. Such other information as the County deems necessary for the administration of this Chapter. (Ord. No. 5200, § 1, 5-15-2012)

7.80.060 Issuance of a license.

A. Upon the receipt of a complete application for a license and the license fee required by this Chapter, the Health Officer shall issue a license unless one (1) or more of the following grounds exists:

1. The application is incomplete or inaccurate;

2. The application seeks authorization for tobacco retailing at a location for which a suspension is in effect pursuant to this Chapter, for which a license has been revoked pursuant to this Chapter, or for which this Chapter otherwise prohibits issuance of licenses;

3. The application seeks authorization for tobacco retailing for a prospective proprietor for whom a suspension is in effect pursuant to this Chapter for the subject location or another location, whose License has been revoked pursuant to this Chapter for the subject location or another location, or to whom this Chapter otherwise prohibits a license to be issued;

4. The Department has information that the prospective proprietor or his or her agent or employee has violated any local, State or Federal tobacco control law, including this Chapter, within the preceding twelve (12) months; or

5. The application seeks authorization for tobacco retailing that is prohibited pursuant to this Chapter, that is otherwise unlawful pursuant to this Code, or that is unlawful pursuant to any other local, State, or Federal law.

B. Any denial of an application for a license shall be in writing, setting forth the reasons for the denial and notifying the applicant for a license that the decision to deny an application for a license shall become final unless the applicant seeks an appeal pursuant to Section 7.80.130 within fourteen (14) calendar days of the date of service of the Health Officer's decision. Service of the decision shall be provided in accordance with the service requirements set forth in Subsection A of Section 7.80.120. 128
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C. All information required to be submitted pursuant to Section 7.80.050 in order to apply for a license shall be updated whenever the information changes. A tobacco retailer shall provide the Department with any updates within ten (10) business days of a change.
(Ord. No. 5200, § 1, 5-15-2012)

7.80.070 License renewal and expiration.

A. A license is invalid unless the appropriate license fee has been paid in full and the term of the license has not expired. The term of a license is one (1) year beginning each fiscal year on July 1st and ending on June 30th of the following year. Each tobacco retailer shall apply for the renewal of his or her license and submit the license fee no later than thirty (30) calendar days prior to expiration of the term.

B. A license that is not timely renewed shall expire at the end of its term. To reinstate a license that has expired, or to renew a license not timely renewed pursuant to Subsection A of this Section, the proprietor must:

1. Submit the license fee; and

2. Submit a signed affidavit affirming that the proprietor:
a. Has not sold and will not sell any tobacco product or tobacco paraphernalia after the license expiration date and before the license is renewed; or
b. Has waited the appropriate ineligibility period established for tobacco retailing without a license, as set forth in Section 7.80.110, before seeking renewal of the license. (Ord. No. 5200, § 1, 5-15-2012)

7.80.080 License nontransferable.

A. A license may not be transferred from one person to another or from one location to another. Whenever a tobacco retailing location has a change in proprietors, a new license is required.

B. Notwithstanding any other provision of this Chapter, prior violations at a location shall continue to be counted against a location, and license ineligibility periods shall continue to apply to a location unless:

1. The location has been fully transferred to an entirely new proprietor or fully transferred to entirely new proprietors; and

2. The new proprietor(s) provides the Department with clear and convincing evidence that the new proprietor(s) has acquired or is acquiring the location in an arm's length transaction. As used in this Section, the term "arm's length transaction" shall mean a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two (2) informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this Chapter is not an arm's length transaction. (Ord. No. 5200, § 1, 5-15-2012)

7.80.090 Inspections, investigations and enforcement.

A. Compliance with this Chapter shall be monitored by the Department or any law enforcement officer.

Employees of the Department or a law enforcement officer may conduct compliance checks, including but 129
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not limited to youth decoy operations. Any law enforcement officer may enforce the penal provisions of this Chapter. Compliance checks may be unannounced.

B. The County shall not enforce any tobacco-related minimum age law against a person who otherwise might be in violation of such law because of the person's age (hereinafter "youth decoy") if the potential violation occurs when:

1. The youth decoy is participating in a compliance check supervised by an employee of the Department or a law enforcement officer;

2. The youth decoy is acting as an agent of a person designated by the County to monitor compliance with this Chapter;

3. The youth decoy is participating in a compliance check funded in part, either directly or indirectly through subcontracting, by the Department; or

4. The youth decoy has an immunity letter from the District Attorney's Office.

C. Whenever evidence of a violation of this Chapter is obtained in any part through the participation of a person under the age of eighteen (18) years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this Chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented. (Ord. No. 5200, § 1, 5-15-2012)

7.80.100 Suspension or revocation of license.

A. In addition to any other remedy authorized by law, after notice and opportunity to be heard pursuant to Section 7.80.120 of this Chapter, a license may be suspended or revoked as provided in this Section if the Health Officer finds by a preponderance of the evidence that the licensee, or any of the licensee's agents or employees, has:

1. Violated any of the requirements, conditions prohibitions of this Chapter; or

2. Pleaded guilty, "no contest" or its equivalent, or admitted to any of the following:
a. The original or renewal application contained incorrect, false, or misleading information; b. One or more of the grounds for denial listed in Section 7.80.060 existed before the license was issued; or
c. A licensee is convicted of a misdemeanor or felony violation of any Federal, State, or local tobacco retailing law or regulation, including any provision of this Chapter.

B. During any period of suspension or revocation, the licensee shall remove all tobacco products and tobacco paraphernalia from public view. Failure to do so may be considered a subsequent violation.

C. When the Health Officer finds a violation as set forth in Subsection A of this Section, the license shall be suspended or revoked as follows:

1. Upon a finding by the Health Officer of a first license violation, the license shall be suspended for sixty (60) days;

2. Upon a finding by the Health Officer of a second license violation within any sixty (60) month period, the license shall be suspended for one hundred twenty (120) days;

3. Upon a finding by the Health Officer of a third license violation in any sixty (60) month period, the license shall be suspended for one hundred eighty (180) days; and 130
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4. Upon a finding by the Health Officer of a fourth license violation within any sixty (60) month period, the license shall be revoked and no new license shall issue for the location until five (5) years has passed from the date of revocation.

D. Violation by a licensee at one location shall not be construed as a violation at another location of the same licensee, nor shall violations by a prior licensee at the same location be accumulated against a subsequent licensee at the same location.

E. A license shall be revoked if the Health Officer finds that one or more of the grounds for denial of an application for a license pursuant to Section 7.80.060 existed at the time the application was made or at any time before the license was issued.
(Ord. No. 5200, § 1, 5-15-2012)

7.80.110 Penalties for tobacco retailing without a license.

A. In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the Health Officer finds after notice and opportunity to be heard pursuant to Section 7.80.120 of this Chapter, that any person has engaged in tobacco retailing at a location without a valid license, either directly or through the person's agents or employees, the person shall be ineligible to apply for, or to be issued, a License as follows:

1. After a first violation of this Section at a location, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction), until sixty (60) days have passed from the date of the violation.

2. After a second violation of this Section at a location within any sixty (60) month period, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction), until one hundred eighty (180) days have passed from the date of the violation.

3. After a third or subsequent violation of this Section at a location within any sixty (60) month period, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction), until five (5) years have passed from the date of the violation.

B. Any imposition of a penalty pursuant to this Section shall be in writing, setting forth the reasons for the imposition of a penalty and notifying the person subject to the penalty that the decision to impose the penalty shall become final unless the person seeks an appeal pursuant to Section 7.80.130 within fourteen (14) calendar days of the date of service of the Health Officer's decision. Service of the decision shall be provided in accordance with the service requirements set forth in Subsection A of Section 7.80.120. (Ord. No. 5200, § 1, 5-15-2012)

7.80.120 Health Officer decision.

A. Upon determining the existence of any of the grounds pursuant to this Chapter for the suspension or revocation of a license, or the imposition of a penalty for tobacco retailing without a license, the Health Officer shall issue a notice of intended decision to the applicant for a license, the licensee, or the person against whom the penalty for tobacco retailing without a license is directed. The notice shall be provided by personal service or by first class mail, postage prepaid, and shall include a copy of the affidavit or certificate of mailing.
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B. The notice of intended decision shall state all the grounds upon which the revocation, suspension, or imposition of penalty is based.

C. The notice of intended decision shall specify the effective date of the action.

D. The notice of intended decision shall state that the Health Officer shall give the applicant for a license, the licensee, or the person against whom the penalty for tobacco retailing without a license is directed an opportunity to request a hearing thereon. The hearing shall be an informal hearing before the Health Officer.

Following the hearing, or within a reasonable time if no hearing is requested, the Health Officer shall issue a decision and serve the decision in accordance with the service requirements set forth in Subsection A of this Section.

E. The decision of the Health Officer shall be in writing, setting forth the reasons for the decision, and shall advise the applicant for a license, the licensee, or the person against whom the penalty for tobacco retailing without a license is directed that the decision to suspend or revoke the license, or to impose the penalty for tobacco retailing without a license shall become final unless the applicant for a license, the licensee, or the person against whom the penalty for tobacco retailing without a license is directed seeks an appeal pursuant to Section 7.80.130.
(Ord. No. 5200, § 1, 5-15-2012)

7.80.130 Appeal procedures.

With regard to any denial of an application for a license pursuant to Section 7.80.060 or any decision issued by the Health Officer pursuant to Section 7.80.120, the following rules apply:

A. A decision of the Health Officer to deny an application for a license, to suspend or revoke a license, or to impose a penalty for tobacco retailing without a license can be appealed to a Hearing Officer, subject to the following requirements and procedures. A person served with a decision issued pursuant to Subsection B of Section 7.80.060 or Subsection D of Section 7.80.120 may seek an appeal by filing with the Health Officer a written request for hearing within fourteen (14) calendar days of service of the decision. Failure to timely file a written request for hearing shall be deemed a waiver of the right to challenge the decision of the Health Officer and a failure to exhaust administrative remedies. The hearing officers shall be individuals selected by the County who may hear the appeals, issue subpoenas, receive evidence to administer oaths, rule on questions of law and the admissibility of evidence, prepare a record of the proceedings, and issue orders with regard to an appeal.

B. The Hearing Officer shall schedule a hearing.

1. Written notice of the time, date and location of a hearing before the Hearing Officer shall be given by personal service or by first class mail, postage prepaid, including a copy of the affidavit or certificate of mailing, to the appellant.

2. Hearing Procedures.
a. Requirements for Taking Testimony. In any proceeding before a Hearing Officer, oral testimony offered as evidence shall be taken only on oath or affirmation, and the Hearing Officer, his/her clerk, or other designee shall have the power to administer oaths and affirmations and to certify to official acts. Oaths of witnesses may be given individually or en masse. Witnesses shall be asked to raise their right hands and to swear or affirm that the testimony they shall give will be the truth, the whole truth, and nothing but the truth. b. Continuances. The Hearing Officer may continue the hearing as determined appropriate by the Hearing Officer.
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c. Administrative Interpretations. In conducting the hearing, the Hearing Officer shall consider the previously established interpretation of an ordinance provision by the Department charged with its enforcement unless that interpretation is shown to be clearly erroneous or unauthorized.
d. Hearing Officer Decisions. Within thirty (30) calendar days after the close of the hearing, the Hearing Officer shall issue a written decision, including a statement of the basis for the decision. The Hearing Officer's written decision shall constitute the final administrative decision of the County.
e. In the event a civil action is initiated to obtain enforcement of the decision of the Hearing Officer, and judgment is entered to enforce the decision, the person against whom the order of enforcement has been entered shall be liable to pay the County's total costs of enforcement, including reasonable attorney's fees.

C. The appellant's failure to appear at the hearing on appeal shall constitute an abandonment of the review request and a failure to exhaust administrative remedies. (Ord. No. 5200, § 1, 5-15-2012)

7.80.140 Other penalties.

The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity.

A. Violations of this Chapter may, in the discretion of the District Attorney, be prosecuted as infractions or misdemeanors.

B. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter shall constitute a violation.

C. Violations of this Chapter are hereby declared to be public nuisances. (Ord. No. 5200, § 1, 5-15-2012)

7.80.150 Stipulated fine in lieu of hearing.

For a first or second alleged violation of this Chapter within any sixty (60) month period, the Health Officer may allow a tobacco retailer alleged to have violated this Chapter to stipulate in writing to the penalties provided in this Section in lieu of the penalties that would otherwise apply pursuant to this Chapter and to forego any right the tobacco retailer may have to a hearing pursuant to Section 7.80.130. Notice of any stipulation shall be provided to the Sheriff's Office, and no hearing shall be held. Stipulations shall not be confidential, shall be in writing, and shall contain the following terms plus any other noncriminal provisions established by the Health Officer in the interests of justice:

A. After a first alleged violation of the Chapter at a location:

1. An agreement by the tobacco retailer to stop acting as a tobacco retailer for one (1) day;

2. An administrative penalty of one thousand and no/100ths ($1,000.00) dollars;

3. An admission by the tobacco retailer that the first alleged violation of the Chapter at the location occurred; and

4. An agreement that the first alleged violation of the Chapter at the location shall be considered in determining the penalty for any future violation.
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B. After a second alleged violation of the Chapter at a location within any sixty (60) month period:

1. An agreement by the tobacco retailer to stop acting as a tobacco retailer for ten (10) days;

2. An administrative penalty of five thousand and no/100ths ($5,000.00) dollars;

3. An admission by the tobacco retailer that the second alleged violation of the Chapter at the location occurred; and

4. An agreement by the tobacco retailer that the second alleged violation of the Chapter at the location will be considered in determining the penalty for any future violations. (Ord. No. 5200, § 1, 5-15-2012)

7.80.160 Implementation.

The Department shall begin implementing the provisions of this Chapter effective July 1, 2012. (Ord. No. 5200, § 1, 5-15-2012)

7.80.170 Severability.

If any provision of this Chapter or the application thereof to any person or circumstance is held invalid, the remainder of this Chapter or the application of such provision to other persons or circumstances shall not be affected thereby.
(Ord. No. 5200, § 1, 5-15-2012)
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Kim Shirley’s Council Report
for Tuesday, December 19, 2023
Wednesday, Nov. 8th- League of Women Voters- Lunch and Learn- This meeting was an opportunity to learn about the process of Restorative Justice and how it’s being used in Monterey County. Restorative justice is a model that brings both the victim and the offender together to acknowledge accountability, work towards reparation, and offering empathy to those affected so that things can be made as right as possible moving forward.

This is not only used in our schools but also in the justice system, with the idea that this will help break the cycle of over incarceration since 89% of those who go through this process do not reaffend upon being released. To learn more about this, the Corrections Program Manager from our county jail, Charles DaSilva facilitated a panel of experts which included someone who worked in the juvenile justice system, our assistant District Attorney, and an assistant Public Defender to talk about this beneficial process. Some of the takeaways for me was that this is a process that brings vulnerability which allows growth for the offenders and a way for the victim to heal. It really seems like such a positive way to change the culture of our institutions. I also learned that our Board of Supervisors instituted a Restorative Justice Commission which is the only one in the State! Especially after learning of the benefits, it made me so happy to hear that our County is committed to this process.

Wednesday, Nov. 8th- Planning Commission Mtg- I attended this Planning Commission meeting as it was the first opportunity to learn more about our comment letter that we received from the State Department of Housing and Community Development (HCD) on our 6th cycle Housing Element. From the presentation, it seems that our letter was similar to other letters that were received by other jurisdictions. The edits they are asking for do seem overwhelming, but I’m happy that our planner Denise Duffy and Associates is working hard to complete the edits by the State’s due date of December 15th. For me, the Housing Element takes time to understand and knowing that the City Council would be covering this the following week, attending this meeting allowed me that extra time to understand the requests, our potential responses, and it gave me a chance to jot down some questions of my own.

Saturday, Nov. 11th- Sustainable Del Rey Oaks Butterfly Garden Workday- What a beautiful day it was to gather for a couple of hours to pull weeds and trim back some plants! Many thanks goes to Sustainable Del Rey Oaks for organizing these workdays and maintaining this parcel of city land. The dedicated volunteers are so hardworking and put in a lot of effort into making this space a lovely place to spend time. With two picnic tables now in this location, I hope others don’t forget that this is a special space to bring a lunch and enjoy the natural visitors in the garden (including the cats from the Garden Center!). 1 135
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Monday, Nov. 13th- Monterey-Salinas Transit Board Mtg- Please see the MST board highlights in our agenda packet.

Tuesday, Nov. 14th- Salvation Army’s Annual Red Kettle Kickoff- Wow! Is this an organization that both knows how to have fun and raise a lot of money in one afternoon! I was grateful to be invited to this event by Salvation Army Board Member and DRO resident, Frederica Jones. It took place at the Inn in Spanish Bay and included a lovely lunch (and the BEST cookies for dessert), and the fun antics of KSBW reporters Erin Clark and Dan Green. Let’s just say that the span of two hours, we laughed, rang little red bells, participated in an auction, and had table captains running around the ballroom collecting cash in red kettles. There was never a dull moment! Nice music and fun(d) times were had by all. In the end, they raised just over $140,000! I do appreciate all that the Salavation Army does for our community so it was so fun to participate and see the giving hearts of everyone who attended.

Tuesday, Nov. 14th- City Council Mtg- Similar to the Planning Commission meeting the week before, the Council was given the opportunity to learn more about the comments that we received from the State Department of Housing and Community Development (HCD) on our draft 6th Cycle Housing Element. Between viewing the Planning Commission meeting and reviewing the comments from HCD, I spent quite a bit of time trying to understand what it is we need to edit in order to successfully meet the Dec. 15th deadline.

I asked some clarifying questions, but I also am wondering about some of the larger questions, such as this- in our effort to “Affirmativately Further Fair Housing” (HCD requirement), I’m wondering if there’s a program that could help us establish our former Fort Ord property as a high value development in terms amenities, transportation, and outdoor spaces, while also putting most of our affordable housing in this location. I certainly don’t want to segregate this community, so I look forward to discussing how we can fully positively integrate any new development into our city. In this housing element, we’re also relying on ADU’s (accessory dwelling units) so I’ll be interested in seeing how the city is able to keep up with the commitment to this type of building. I’m also interested in water and how that will be addressed on the former Fort Ord given the settlement cap of 6,160 residential units that are allowed (some feel that this cap has already been mostly allotted). HCD has been informed of this settlement, but I’m curious how they may respond even as we provide additional information about the water that has been promised to us through the Marina Coast Water District (our water provider for our Fort Ord property). I know we’ll have more meetings coming up regarding our edits for the 6th Cycle Housing Element. I’m grateful for our staff’s work on this important topic and look forward to more discussions.

Thursday, Nov. 16th- City Finance Mtg- This was our first finance meeting in several months, so it was good to come together to talk about some updates. Besides reviewing our latest financials (budget looks good!), we had three other topics of discussion for this meeting. The first was discussing the possibility of hiring a deputy city clerk in City Hall, 2 136
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which I’m very supportive of. Our city does a lot with its limited staff and many are working above and beyond what they should actually be required to do. An additional staff person would relieve these burdens and allow staff to focus more on their actual job responsibilities. Next, we discussed the possibility of increasing our Transient Occupancy Tax (TOT) through a ballot initiative (would need 50% +1 to pass) which would bring in an estimated $30,000 of additional revenue. Since we don’t have any hotels in our city (yet) this tax would apply to our short-term rentals that we have in our city. Our current TOT rate is 10% and city manager Guertin is proposing a 2% increase which is inline with other jurisdictions (average is approximately 11%). We all agreed this would be worthwhile to further explore. Lastly, we discussed putting out a request for proposals (RFP) for a comprehensive fee study. One has not been done in our city for many years and so it it’s important to evaluate where we’re charging too little or sometimes too much for services within our city. As a city we can’t make money, but we certainly want to make sure we’re covering our costs. We also all agreed that this would be an important next step.

Friday, Nov. 17th- ReGen Monterey Board Mtg- This meeting marked the last board meeting for our Pebble Beach representative, Leo Laska, who is retiring from the board after 20 years. I sat next to Leo on the dias when I first arrived and I appreciated his wisdom and historical context for the organization. He was also very kind and friendly, which was so welcomed when I was the newbie on the board. He will be missed! Another presentation during this meeting was an update on the feasibility study between ReGen Monterey and M1W to look at renewable energy projects that can be achieved between our two organizations. In addition to looking at solar, wind, and batteries, they’re focusing on looking at organics to energy as well as a microgrid that can be built to increase our resilience as vital public services. I think we’re all excited about the potential and it will take lots of money to move these projects forward, but it’s important work to look at specific projects that can benefit both of our orgnaizations.

Our other agenda items addressed our equipment that we’re cycling out of commission, sending either to auction or for scrap metal, and then looking at our purchases which will get us closer to the state requirement of having 100% of the cleanest burning engines by 2026.

We received an update from our Technical Advisory Committee (TAC) for SB 1383 (the organic waste recycling bill) and I was happy to hear that there will be another round of funding from CalRecycle which the TAC is applying for on behalf of the jurisdictions. This grant will amount to $75,000 for each jurisdiction and will help pay for all the work that’s coming from the TAC including helping with the edible food recovery program and the required procurement of compost for each city.

Lastly, the other big item from this meeting was the election of our new board chair and vice chair. Jason Campbell, our current chair and representative from Seaside, was stepping down as he did not run for city council again and was serving out the last year of 3 137
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his term. I’m excited to report that the nominating committee suggested that I serve as board chair and that Mayor Bruce Delgado serve as vice chair for this next year. This nomination was unanimously approved. I’m grateful and honored to serve as chair on this board. It will be a new challenge for me, but I’m looking forward to it, knowing I will learn a lot from this opportunity while serving an organization that I deeply respect.

Friday, Nov. 17th- LandWatch Luncheon- I left the ReGen Monterey Board meeting and ran to the LandWatch luncheon! As always, it was such a wonderful event since it’s a place where I get to see so many people from the community that all support sustainable development with an emphasis on curbing climate change. The keynote speaker for the afternoon was MPUSD Superintendent, PK Diffenbaugh. He delivered a talk that addressed how housing is affecting the school district. There is a significant number of students who are considered unhoused with the district, with no permanent place they can call home. Additionally, MPUSD has a fairly significant number of new teachers that leaves the district every year because of their lack of ability to find affordable housing. His message certainly drove home the need to address housing for both of these sectors. On that note, I know that our 6th cycle Housing Element does address the property that MPUSD owns in Del Rey Oaks and provides that as an opportunity for affordable housing.

All in all, this luncheon is always well attended and was a nice opportunity to meet up with others in the community who value sustainability.

Saturday, December 1st- Monterey Bay Braver Angels Alliance- I did not attend this meeting as a DRO Council member, but I’d still like to share this experience as others may be interested in learning more about this positive project. Braver Angels is a non-profit, nationwide, volunteer-led group who’s mission is to “Bring Americans together to bridge the partisian divide and strengthen our democratic republic.” The idea is that it brings together Democrats and Republicans (hopefully in equal numbers or at least in a 60/40 ratio) so that we can practice the skills necessary for finding common ground and moving forward in a manner that supports thoughtful dialogue and kind interactions. Doesn’t that sound great? We are so lucky to have one of our own residents, Deanna Ross who is spearheading the effort. In order to form this “Alliance” there needs to be both a blue leaning and a red leaning co-chair, which was established at the first meeting (Deanna is our blue and Mike Gibbs from PG is our red). In this meeting we shared a word that we associated with America (I chose “freedom”), learned more about Braver Angels, and talked about why we were attending. In listening to the participants, many people are hurting from lost relationships (neighbors, families, friends) and feeling uneasy because of the political division within the country. It was also clear that everyone was genuinely interested in working together and creating a positive place for learning and preserving the democracy we all know and love. So, if you’re interested in checking out this positive opportunity, let me know and I’ll put you in touch with Deanna. Our next meeting is Saturday, January 6th from 10:30-12:00 pm in the Sam Karas room at MPC. We do have more Democrats than Republicans who attended the first meeting, so we’d especially love to have more red leaning folks join the group. I’m looking forward to participating! 4 138
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Wednesday, December 6th- ReGen Finance Committee Mtg- We covered two ongoing topics for this meeting which will be the only ReGen meeting for the month. First, we talked about the transfer of the state regulated composting permits which are currently held by our on-site contracted composter Keith Day. Because ReGen has greater capacity for dealing with the ongoing regulations and paperwork associated with the permits and because it provides a level of assurance that we will have greater control of composting on our site, ReGen was happy to take on the responsibility of the permits and Keith Day was thankful for the exchange. And since Keith Day is doing such a great job with the composting, in exchange we are offering him a longer lease contract (15 years with two, 5 yr extensions). Once it’s all finalized, it will be a win-win for both organizations.

The second item that we discussed was the white paper that’s being produced by staff which will talk about the history of waste disposal in the state and then also provide some history about waste disposal within ReGen. We can all learn from this history (especially since we’ll have two new board members in January) and it will help us understand where we’re at now in terms of accepting waste not only from our member jurisdictions, but also accepting regional waste from outside the member jurisdictions. This greater understanding will help us as we encounter additional waste contracts in the future and will give us all a better understanding as we move forward in addressing not only trash, but recycling, compost, and energy producing capabilities of the landfill.

Wednesday, December 6th- Special Joint Planning Commission/City Council MtgThis special meeting was to review the most recent updates and edits to our 6th Cycle Housing Element based on the comment letter we received from the State Department of Housing and Community Development (HCD). The meeting was focused on the updated policies and programs that are within the Housing Element. I had questions on various topics including housing vouchers, ADUs (accessory dwelling units), and water (to clarify our ability to guarantee water availability on the former Fort Ord property). I also asked about how the city will go about identifying houses in our city that may qualify for rehabilitation funds. In the end, I was happy to see Denise Duffy and Associates and our staff address the topics of concern from the comment letter. I also feel that they did a good job of addressing many of the comments that were brought up from previous meetings about the Housing Element. It also made me realize that we will be working on implementing and solidifying many of these housing policies in the next 8 years (most things will happen within the first two years of having a compliant Housing Element). It’s been a lot of work now, but really, it has just begun.

Monday, December 11th- Monterey-Salinas Transit- Administrative Performance Committee- In this meeting we learned that the ridership for MST has increased 25% in the last month. Although we are below our ridership levels that we had pre-COVID, with the Better Bus Network that was implemented 1 year ago, we’re really seeing a steady increase each month which is great news. We also received a state legislature update 5 139
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during this meeting where it was noted that there’s a projected deficit coming into the next fiscal year. Besides possibly affecting future funding for transit, it may also impact the already appropriated funds (money that has been set aside for transit in the future). The good news for us is that our CEO/General Manager, Carl Sedoryk was recently appointed to a state-wide transit taskforce that was newly created, so he’ll be a great advocate for medium sized transit and those on the central coast. The good news on the federal update was that there is still money available from the Infrastructure bill for transit. No surprise, but the House is looking to drastically cut appropriations for transit giving a $2 billion difference compared to the desires of the Senate. No doubt, there will be interesting times ahead.

Monday, December 11th- Monterey-Salinas Transit Board Mtg- Please see the MST board highlights in our agenda packet.
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Council Report from Councilmember John Uy, Ed.D. 1
Council Report from Councilmember John Uy
December 19, 2023
I. Council Report: AMBAG Board of Directors Meeting - November 8, 2023 I am pleased to provide you with an update on the recent regular board of directors meeting of the Association of Monterey Bay Area Governments (AMBAG) that took place on November 8, 2023. As your representative on the board, it is my duty to keep you informed about the important discussions and decisions made during these meetings.

During the meeting, we discussed several key topics that are of great significance to our community and the entire Monterey Bay region. One of the highlights was the presentation of the revised draft regional growth forecast. This forecast provides valuable insights into population, housing, and employment trends, which will help us plan for the future and ensure sustainable growth in our area. We had a productive discussion on the forecast results and provided feedback to further refine the projections.

Additionally, the board had the opportunity to review and approve the Final 2023 Public Participation Plan. This plan outlines the strategies and guidelines for engaging the public in the decision-making process for regional planning projects. By adopting this plan, we are ensuring that our community's voice is heard and that we are actively involving residents in shaping the future of our region.

Another important item on the agenda was the approval of projects recommended for award under the Regional Early Action Planning Grants (REAP 2.0) Regional Competitive Grant Program. These grants will support initiatives aimed at improving transportation infrastructure, housing, and community development in our region. It is exciting to see these projects move forward, as they will have a direct impact on our community and contribute to our overall wellbeing.

Furthermore, the board received a report from the Executive Director, Maura Twomey, who provided updates on various ongoing initiatives and programs. Her report highlighted the progress made in implementing the 2050 Metropolitan Transportation Plan/Sustainable Communities Strategy, which aims to create a safe, resilient, and equitable future for our region. It is reassuring to see the dedication and commitment of our executive director in leading these efforts.

Lastly, I would like to remind you that public participation is highly encouraged in these meetings. Your input is invaluable, and it helps us make informed decisions that reflect the needs and aspirations of our community.
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In conclusion, the AMBAG Board of Directors meeting on November 8, 2023, was a productive and collaborative gathering where important decisions were made to shape the future of our region. As your representative, I remain committed to advocating for the best interests of Del Rey Oaks and ensuring that our community's voice is heard at the regional level.

II. Council Report: Message of Councilmember John Uy on Veteran’s Day (November 10, 2023)
I am filled with a profound sense
of gratitude and pride as we
reflect upon the remarkable
contributions of our veterans
and their families to the fabric of
our community. Today, we stand
united in paying tribute to the
selfless individuals who have
dedicated their lives to serving
and protecting our great nation.

To our beloved veterans, we
owe a debt that words alone
cannot express. Your sacrifice,
courage, and unwavering
commitment to defending the
values we hold dear have
shaped the very essence of our
community. Your sacrifices,
often made far from home and
in the face of adversity, have not
only safeguarded our freedoms
but have also inspired us to be
better, to do better, and to
cherish the liberties we enjoy.

To the families of our veterans,
we acknowledge and honor your
steadfast support. Behind every
brave service member is a network of loved ones who endure the challenges of separation and uncertainty. Your strength and resilience do not go unnoticed, and we are deeply grateful for the sacrifices you've made in the name of service to our country.

As we come together to commemorate Veterans Day, let us also reaffirm our commitment to supporting our veterans and their families. Whether through outreach programs, community 142
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Council Report from Councilmember John Uy, Ed.D. 3
initiatives, or simple acts of kindness, let us ensure that the gratitude we express today extends into our everyday lives.

To our veterans and their families, you are not just a part of our community; you are the heart and soul of it. Your sacrifices have forged a legacy of bravery and resilience that will inspire generations to come. May this Veterans Day serve as a poignant reminder of the debt we owe, the gratitude we feel, and the unity that binds us all as proud members of this extraordinary community.

III. Council Report: Regular Meeting of the DRO City Council on November 14, 2023 I am pleased to share with you the outcomes of our recent City Council meeting held on November 14, 2023. We convened with a singular yet significant agenda item: to receive a presentation from the Planning Commission Consultants, Denise Duffy and Associates, on the State of California Department of Housing and Community Development's Comment letter on the 6th Cycle Housing Element HCD Review Draft, and to consider potential revisions.

The 6th Cycle Housing Element is a critical component of our city's planning process. It outlines our commitment to meeting the housing needs of our community, particularly for low and verylow-income households. The State's Department of Housing and Community Development (HCD) had provided comments on our draft, and this meeting was an opportunity for us to review and consider these comments.

Denise Duffy and Associates, our trusted consultants, provided a comprehensive presentation on the HCD's comments. They highlighted key areas for improvement, including the need for more specific commitments to actions and timelines in our housing programs, and the need to address housing for extremely low-income households and farmworkers. They also emphasized the importance of establishing processes and procedures to comply with Senate Bill 35, which mandates streamlined permit processes for certain housing developments.

We also opened the floor for public input, a cornerstone of our democratic process. We remain committed to hearing your voices and incorporating your feedback into our plans. We understand that the decisions we make impact each and every one of you, and we value your insights and perspectives.

After careful consideration of the presentation and the HCD's comments, we are now in the process of revising our 6th Cycle Housing Element to meet the statutory deadline on December 15, 2023. We are committed to ensuring that our housing plan not only meets state requirements but also addresses the unique needs of our Del Rey Oaks community.

We are proud of the progress we have made so far and are excited about the opportunities that lie ahead. We believe that by working together, we can create a housing plan that ensures everyone in Del Rey Oaks has access to safe, affordable, and quality housing. 143
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Thank you for your continued engagement and support. Together, we are building a stronger, more inclusive Del Rey Oaks.

IV. Council Report: Thanksgiving Message of Councilmember John Uy during the Thanksgiving Season
As we gather around our tables and in our hearts this Thanksgiving, let's take a moment to reflect on the abundance of blessings that grace our lives. This year has reminded us of the strength within our community and the power of togetherness.

I'm endlessly grateful for the opportunity to serve our wonderful town. Each day, I'm inspired by the kindness, resilience, and compassion that define Del Rey Oaks. Your unwavering support and dedication to making our community thrive truly make a difference.

Let's cherish this time to celebrate the spirit of gratitude, embracing the joy found in simple moments and the warmth of being surrounded by loved ones.

Remember, as we express our gratitude, we must never forget that the highest appreciation is not to utter words but to live by them. Let's continue to uplift each other, extend a helping hand, and spread kindness wherever we go.

Wishing you all a Thanksgiving filled with love, laughter, and the company of cherished friends and family. May the spirit of gratitude guide us today and every day.

Happy Thanksgiving, Del Rey Oaks!
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V. Council Report: Supervisor Wendy Root Askew’s ‘Holiday Hello’ Commissioner Appreciation & Community Open House on December 1, 2023 It is with immense pleasure
and gratitude that I share
with you the heartwarming
experience I had the
privilege to be a part of at
Supervisor Wendy Root
Askew’s ‘Holiday Hello’
Commissioner Appreciation
& Community Open House
on December 1, 2023.

This enchanting evening was
a testament to the
unwavering dedication and
commitment of Supervisor
Askew and her team
towards fostering unity,
collaboration, and progress
in our district. The event
was not just a gathering; it was a celebration of the tireless efforts put forth in steering our community towards a brighter future.

In the heart of this warm and welcoming atmosphere, I witnessed firsthand the genuine passion and commitment Supervisor Askew holds for our community. Her leadership and unwavering support have been instrumental in propelling Del Rey Oaks towards growth and prosperity.

As a councilman representing our vibrant city under Supervisor Askew's jurisdiction, I am deeply grateful for her steadfast support and guidance throughout my tenure. Her visionary initiatives and collaborative spirit have played an integral role in advancing our shared goals for Del Rey Oaks.

Supervisor Askew’s dedication to community initiatives, her foresight, and her steadfast commitment to progress have made an indelible impact on our district. Her leadership shines as a guiding light, steering us towards a future teeming with positivity, growth, and opportunity.

I extend my heartfelt gratitude to Supervisor Askew for her tireless efforts, unwavering vision, and invaluable contributions that continue to elevate our community. Here's to a future marked by continued collaboration, progress, and a shared commitment to the prosperity of Del Rey Oaks.
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In closing, I express
my deepest
appreciation for the
opportunity to
participate in this
heartening event. Let
us carry forward the
spirit of unity and
collaboration
nurtured during the
'Holiday Hello' into
our endeavors,
working hand in hand
for the betterment of
our beloved Del Rey
Oaks.

VI. Council Report: Season's Greetings from Councilmember John Uy on December 6, 2023:

Embracing Our Tapestry of Traditions
Dear Residents of Del Rey Oaks,
As we immerse ourselves in the
magic of this season, I am filled
with a profound sense of
gratitude for the rich tapestry of
traditions that illuminate our
community during these special
days. From the gleaming candles
of Hanukkah to the radiant joy of
St. Lucia Day, and the myriad
celebrations leading up to the
New Year, our diversity becomes
a source of strength and beauty.

It's in the flickering lights of the
menorah and the joyful
gatherings for St. Lucia Day that we find the threads weaving our community together. The Winter Solstice marks a time of renewal, reminding us of the ever-revolving cycle of life and the promise of brighter days ahead.
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As Christmas arrives, it brings with it a spirit of generosity, kindness, and togetherness. But our celebrations don’t end there. We embrace the stories of Boxing Day and the heritage of Kwanzaa, finding unity in the richness of our differences and drawing strength from our shared humanity.

The anticipation of Omisoka heralds reflection and hope, bidding farewell to the old year and beckoning in the promise of a fresh start on New Year's Eve and Day.

In this mosaic of celebrations, let us cherish the moments spent with loved ones, embrace the diversity that colors our traditions, and find solace in the unity that binds us together as a community. Our differences are the brushstrokes painting a vibrant portrait of Del Rey Oaks.

May this holiday season fill your homes with laughter, your hearts with warmth, and your lives with a tapestry of beautiful moments that linger as cherished memories throughout the coming year.

From my family to yours, I extend heartfelt wishes for peace, happiness, and an abundance of joy this holiday season.

Warmest Regards,
Councilmember John Uy
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VII. Council Report: Special Joint Meeting of the DRO City Council and Planning Commission on December 6, 2023
I am thrilled to share with you an update
on the special joint meeting of the Del
Rey Oaks City Council and Planning
Commission that took place on December
6, 2023, based on the comment letter
from HCD. This meeting was a remarkable
opportunity for us to come together and
discuss the pressing housing needs of our
community. It was a significant step
forward in our ongoing efforts to address
the housing needs of our community and
ensure equal housing opportunities for all
residents.

During the meeting, I had the privilege of
suggesting that special needs groups
should also include persons with chronic
illness, military (active and veteran), the
LGBTQ+ community, people of color, and
students in the housing element. It is
crucial that we recognize the unique
challenges faced by these groups when it
comes to finding decent and affordable
housing.

By expanding our definition of special needs groups, we can ensure that our housing policies are inclusive and address the diverse needs of our community. It is our responsibility to create an environment where everyone, regardless of their background or circumstances, has access to safe and affordable housing.

We understand that students, in particular, face significant difficulties in finding suitable housing. As they pursue their education and contribute to our community, it is essential that we provide them with the support they need. By including students as a special needs group, we can work towards developing housing options that cater to their specific needs.

Furthermore, we recognize the importance of supporting our military personnel, both active and veteran, who have dedicated their lives to serving our country. They deserve our utmost gratitude and assistance in finding housing that meets their unique requirements. By including them as a special needs group, we can ensure that their housing needs are given the attention they deserve.
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Additionally, it is crucial that we address the housing challenges faced by persons with chronic illness, the LGBTQ+ community, and people of color. These groups often encounter barriers and discrimination when searching for housing. By acknowledging their needs and including them as special needs groups, we can work towards creating a more equitable and inclusive housing landscape.

As we move forward, we will continue to prioritize the needs of these special groups in our housing policies and initiatives. We are committed to working collaboratively with community organizations, non-profit groups, and government agencies to develop targeted programs that address their unique challenges.

At the meeting, we also had the opportunity to present the requested revisions to the draft from the Department of Housing and Community Development (HCD). At this meeting, the Planning Commission and City Council held public hearings to accept public testimony on these revisions. We are grateful for the engagement of our community members, as their input is vital in shaping our housing policies.

Furthermore, we discussed various programs and initiatives aimed at facilitating affordable housing for all income levels. These programs include the development of mixed-use zoning designations, small lot residential subdivisions, and the facilitation of affordable rental units.

We are committed to exploring funding opportunities and collaborating with agencies such as the Monterey County Housing Authority and the U.S. Department of Housing and Urban Development to support these initiatives.

In our efforts to affirmatively further fair housing, we are actively working towards providing equal housing opportunities for all residents. This includes enhancing housing mobility strategies, protecting existing residents from displacement, and encouraging new housing choices and affordability in high and medium-resource areas. We are also committed to addressing the needs of special populations, such as seniors, persons with disabilities, people with chronic illness, students, the military, people of color, the LGBTQ+ community, and female-headed households.

In conclusion, the special joint meeting of the Del Rey Oaks City Council and Planning Commission was a significant step forward in our commitment to providing affordable and inclusive housing for all residents. By expanding our definition of special needs groups, we are ensuring that no one is left behind in our efforts to create a thriving and inclusive community.

We are grateful for your continued support and engagement as we work together to address the housing needs of our community. Your input and feedback are invaluable in shaping our housing policies and initiatives. Together, we can build a community where everyone has access to safe, affordable, and inclusive housing.
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VIII. Council Report: Celebrating Solidarity and Community at the Pilipino-American Solidarity Alliance (PASA) Christmas Party on December 8, 2023, at the Moose Lodge, Del Rey Oaks, CA On December 8, 2023, I had the
honor and privilege of attending the
20th Anniversary Christmas Party
hosted by the Pilipino-American
Solidarity Alliance (PASA) at the
Moose Lodge in Del Rey Oaks, CA.

This event was a testament to the
vibrant spirit and unwavering
dedication of an organization that
embodies unity and support for
immigrants settling into our
community.

As someone who has experienced
the challenges of building a new life
in a foreign land, I was deeply
moved by PASA's commitment to
creating a welcoming environment
for newcomers, particularly those
from the Philippines. Their mission
to assist immigrants in acclimating to
our society struck a chord with me
on a personal level.

The evening was a tapestry of culture, camaraderie, and celebration. It was a joy to witness the diverse array of Filipino delicacies, from the beloved lechon to delightful desserts, showcasing the richness of Filipino cuisine. The performances were nothing short of incredible, reflecting the cultural heritage and talent within our community.

What struck me most was the palpable warmth and inclusivity that permeated the gathering.

PASA's dedication to fostering a sense of belonging and solidarity among immigrants is truly commendable and serves as a beacon of hope and support for those navigating a new chapter in their lives.

As a councilman, it is both an honor and a responsibility to support organizations like PASA that champion diversity, inclusivity, and community engagement. I am committed to working hand in hand with PASA and similar groups to ensure that our city remains a place where everyone, regardless of background, feels embraced and valued.
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In conclusion, I extend my heartfelt gratitude to PASA for orchestrating such a memorable and heartening celebration. Let us continue to embrace and uplift our fellow immigrants, cultivating a community where everyone is not just welcomed but embraced with open arms.

Salamat po, PASA, for an inspiring and impactful evening! Mabuhay po tayong lahat! 151
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IX. Council Report: Special Meeting of the DRO City Council on December 13, 2023 I write this report with an overwhelming
sense of pride and gratitude as we
convened for this momentous occasion on
December 13, 2023. Our collective
dedication and tireless efforts have
culminated in a milestone achievement
for our city: the completion and
recommendation for approval of
Resolution 2023-21 to adopt the General
Plan Amendment, specifically the City's
2023-2031 6th Cycle Housing Element
Update.

This endeavor represents not just a
procedural task but a testament to our
commitment to the welfare and growth of
our community. In accordance with
Government Code Section 65580 et seq.,
the preparation of the 6th Cycle Housing
Element has been a meticulous and
comprehensive process. It encapsulates a
strategic blueprint for the development
and sustainability of our city over the next
planning period, 2023-2031.

At the heart of this Housing Element Update lies an exhaustive analysis of our housing needs. It identifies various constraints, both governmental and non-governmental, and proposes concrete strategies to overcome these hurdles. Through robust goals, clear objectives, and strategic policies, this Element paves the way for a more inclusive, vibrant, and sustainable Del Rey Oaks.

Importantly, this Housing Element isn't merely a bureaucratic document; it's a visionary roadmap that outlines programs and initiatives to meet our Regional Housing Needs Allocation (RHNA). It encapsulates the collective aspirations of our residents, ensuring adequate residential development sites with appropriate zoning to accommodate our growth requirements.

I am profoundly grateful for the collective dedication showcased by each member of our DRO community, our planning consultant, our invaluable City Hall staff, our diligent Planning Commission, and my fellow Council members. Your unwavering support, expertise, and heartfelt contributions have been the driving force behind this milestone achievement. 152
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On this day, December 13, 2023, we stood on the precipice of history as the City Council approved this Resolution. The success of this motion not only signifies our compliance with state-mandated deadlines but also showcases our city's proactive approach and dedication to responsible city development.

As we embrace this pivotal moment, let us not forget the incredible impact of our collaborative endeavors. Together, we've laid the groundwork for a future that prioritizes accessibility, sustainability, and the fundamental right to safe and dignified housing for all.

From the depths of my heart, I extend my sincerest gratitude to each and every one of you.

Your dedication and unwavering support have been nothing short of inspiring. Let us continue to work together, fueled by our shared vision, to build a brighter, more equitable future for Del Rey Oaks.

Photo Caption: Celebrating Del Rey Oaks Future Together! 153
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Council Report from Councilmember John Uy, Ed.D. 14
X. Council Report: Celebrating the Radiance of Holiday Lights in Del Rey Oaks As I am writing this report on this one evening in
December, I cannot help but pause and bask in the
radiant glow that envelops our streets this time of year! The festive spirit has embraced our neighborhoods,
adorning homes with a kaleidoscope of colors and
twinkling lights that truly illuminate the essence of the holiday season. I want to take a moment to revel in the warmth and brilliance that our residents bring to Del
Rey Oaks through their creative and festive decorations.

It is very fitting to celebrate something equally
important in our community: the extraordinary display
of camaraderie and community spirit that we witness as
our residents adorn their homes with festive holiday
lights. These vibrant displays not only brighten our
streets but also warm our hearts, infusing our
neighborhoods with joy, cheer, and a sense of
togetherness.

I am delighted to showcase a sampling of the captivating holiday lights that grace our city's homes, though I acknowledge that these images only capture a fraction of the magnificence that adorns our streets. To each resident who has contributed to this spectacle, whether their home is featured in these images or not, your efforts have not gone unnoticed.

The dedication and creativity you've poured into decorating your homes are a testament to the love you hold for our community. I recognize that this labor of love requires time, effort, and a true commitment to spreading joy. Your festive displays have not only illuminated our neighborhoods but have also lit up the hearts of those who stroll through our neighborhoods and brought smiles to the faces of all who pass by.

To every resident who participated in adorning our streets with these dazzling lights, on behalf of the entire city council and the community at large, I extend my heartfelt appreciation and gratitude. Your contributions have elevated the spirit of the season, fostering a sense of unity and warmth that embodies the very essence of Del Rey Oaks. It's a powerful reminder of the unity that binds us, transcending individual differences to create a shared tapestry of delight.

Let us take a moment to recognize and applaud our residents' efforts in making our city shine brightly during this festive time. Your dedication to spreading joy and creating a vibrant community spirit is deeply cherished and celebrated. Your efforts have not only made Del Rey Oaks a visual delight but have also reinforced the bonds that make our city an exceptional place to call home.
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Council Report from Councilmember John Uy, Ed.D. 15
May the radiant glow of these holiday lights reflect the warmth of the season and inspire us all to continue building a community that shines brightly throughout the year. 155
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Council Report from Councilmember John Uy, Ed.D. 16
Together, let us embrace the festive spirit and move forward with renewed vigor, inspired by the unity that shines brightly in Del Rey Oaks!
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Council Report from Councilmember John Uy, Ed.D. 17
The twinkling lights that now grace our city not only illuminate the physical landscape but also light up the hearts of those who stroll through our neighborhoods. It's a powerful reminder of the unity that binds us, transcending individual differences to create a shared tapestry of delight.
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Council Report from Councilmember John Uy, Ed.D. 18
To each resident who has taken the time to weave their holiday magic into the fabric of Del Rey Oaks, I extend a heartfelt thank you. Your dedication to spreading joy and brightening the lives of your neighbors does not go unnoticed. I want to assure everyone that, even if their home is not featured in our collage, their contribution is cherished and acknowledged. 158
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Council Report from Councilmember John Uy, Ed.D. 19
In the spirit of community, let us take a moment to collectively express our gratitude to those who have turned our streets into a symphony of colors. Your efforts have not only made Del Rey Oaks a visual delight but have also reinforced the bonds that make our city an exceptional place to call home.
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Council Report from Councilmember John Uy, Ed.D. 20
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Item A.

MST HIGHLIGHTS
Board of Directors Meeting
November 13, 2023

RECOGNIZED NOVEMBER EMPLOYEES OF THE MONTH
The MST Board adopted Resolution 2024-08 recognizing Jacob Newman, Communications Specialist, and Resolution 2024-09, recognizing Omarr Wilson, Coach Operator as the November 2023 Employees of the Month for their outstanding contribution to MST and to the entire community.
25 YEARS OF SERVICE
The MST Board recognized Michelle Di Pretoro, Maintenance Analyst, for 25 years of service and her outstanding dedication and contribution to MST and to the entire community.

ADOPTED RESOLUTION 2024-10 FOR CLEAN CALIFORNIA LOCAL GRANT

PROGRAM FUNDS
The MST Board adopted Resolution 2024-10 authorizing the General Manager/CEO to execute grant documents for Clean California Local Grant Program Funds.

AUTHORIZED DISPOSITION OF ELEVEN MST-OWNED VEHICLES
The MST Board authorized the disposition of eleven (11) MST-owned vehicles that have reached or exceeded their useful life.

APPROVED UPDATES TO FY 2024-2028 CAPITAL IMPROVEMENT PROGRAM The MST Board approved updates to the FY 2024-2028 Capital Improvement Program.

PROVIDED DIRECTION REGARDING SB 125 FUNDING REQUEST TO TAMC The MST Board provided direction for the General Manager/CEO to advocate for MST projects while working with TAMC for solutions on future funding allocations.

SURF! BUSWAY AND BUS RAPID TRANSIT PROJECT
The MST Board authorized the General Manager/CEO to execute two separate amendments to two separate Kimley-Horn contracts, one for $205,825 for Capital Investment Grant support and the second for $182,000 for final design for a total amount not to exceed $387,285.

APPROVED GENERAL MANAGER/CEO PERFORMANCE INCENTIVE
The MST Board approved a 5% Incentive Pay for the General Manager/CEO. 161
Item B.

REJECTED BID PROTEST AND AUTHORIZED JANITORIAL CONTRACT The MST Board rejected the bid protest and authorized the General Manager/CEO to enter into a three-year contract with EcoBrite Services, LLC for janitorial services, with the option to extend for three additional one-year terms, in an amount not to exceed $265,207/year, or a total contract amount of $1,591,239.

NEXT MST BOARD MEETING
The next regular MST Board meeting is scheduled for December 11, 2023. 162
Item B.

MST HIGHLIGHTS
Board of Directors Meeting
December 11, 2023

RECOGNIZED DECEMBER EMPLOYEES OF THE MONTH
The MST Board adopted Resolution 2024-11 recognizing Ventor Kubulan, Facilities Technician, as the December 2023 Employee of the Month for his outstanding contribution to MST and the entire community.

SERVICE RECOGNITION
The MST Board recognized Jeff Baron from the City of Carmel-by-the-Sea, for his 5 years of service on the MST Board.

SERVICE RECOGNITION
The MST Board recognized Joe Amelio from the City of Pacific Grove, for his 5 years of service on the MST Board.

RECEIVED THE 2024 BOARD MEETING CALENDAR, COMMITTEE MEETING

SCHEDULE, AND CONFERENCE DATES
The MST Board received the 2024 board meeting calendar, committee schedule, and conference dates.

APPROVED UPDATES TO MST PROCUREMENT POLICY
The MST Board approved updates to the MST Procurement Policy in accordance with SB 304 and effective January 1, 2024.

APPROVED SITE SELECTION GOALS FOR PROPOSED SALINAS OPERATIONS

AND MAINTENANCE FACILITY
The MST Board approved site selection goals for the proposed Salinas Operations and Maintenance Facility to fulfill Federal Transit Administration (FTA) Title VI requirements.

RECEIVED UPDATE ON MST’S DEI AND INCLUSION PROGRAM AND DEI UNITE!

WEB PORTAL
The MST Board received an update on MST’s Diversity, Equity, and Inclusion Program and the DEI Unite! Web Portal.

SURF! BUSWAY AND BUS RAPID TRANSIT PROJECT
The MST Board rejected Sand City’s request to construct a roundabout and approved to move forward as planned with a traffic signal at Playa and California. 163
Item B.

SURF! BUSWAY AND BUS RAPID TRANSIT PROJECT CONTRACT
The MST Board authorized the General Manager/CEO to negotiate and award a contract to Comtech International Group for SURF! Busway and Bus Rapid Transit Project construction management services in an amount not to exceed $5,685,600 pending approval of a letter of no prejudice from the Federal Transit Administration.

AUTHORIZED PURCHASE OF TWELVE MST-OWNED VEHICLES
The MST Board authorized the General Manager/CEO to purchase twelve (12) battery electric heavy-duty coaches from Gillig, LLC of California in an amount not to exceed $15,606,064.

APPROVED 2024 STATE LEGISLATIVE PROGRAM
The MST Board approved the 2024 State Legislative Program.

APPROVED 2024 FEDERAL LEGISLATIVE PROGRAM
The MST Board approved the 2024 State Legislative Program.

RECEIVED UPDATE REGARDING SB 125 FUNDING REQUEST TO TAMC The MST Board received an update on the SB 125 Funding request to the Transportation Agency for Monterey County (TAMC).

NEXT MST BOARD MEETING
The next regular MST Board meeting is scheduled for January 8, 2024. 164
Item B.

Transportation Agency for Monterey County
• 55-B Plaza Circle • Salinas, California 93901-2902
(831) 775-0903 FAX (831) 775-0897 • E-mail: [email protected] www.tamcmonterey.org

TRANSPORTATION AGENCY FOR MONTEREY COUNTY
www.tamcmonterey.org

HIGHLIGHTS
December 6, 2023
TAMC Board Approves Allocating 50/50 Split of Senate Bill 125 Transit and Intercity Rail and Zero Emission Funding Between Bus and Rail Transit Projects After a comprehensive and candid Board discussion, which Supervisor Lopez said was a rare opportunity to fund transformative investments that would bring long-term change for the region’s low-income communities and communities of color, the TAMC Board of Directors approved a 50/50 split of Senate Bill 125 transit and intercity rail and zero emission funding between bus and rail transit projects. The vote came after a staff presentation on project candidates for state transit and intercity rail and zero emission funding and the intent of Senate Bill 125. The Board directed staff to annually evaluate and recommend any changes to SB 125 programming when updating the Integrated Funding Strategy. The Board also approved increasing Measure X funding allocation to the SURF! Busway and Bus Rapid Transit project by $9.2 million to fully fund construction.

On July 10, 2023, Governor Newsom signed Senate Bill (SB) 125 into law, which included new formula funding through the Transit and Intercity Rail Capital Program (TIRCP) and created a new Zero-Emission Transit Capital Program (ZETCP). TAMC is slated to receive $44.5 million over two years in TIRCP formula funds and $8 million over four years for the ZETCP.

The legislative intent of the funding via SB 125 and its precursor legislation, SB 198 (2022) and Assembly Bill (AB) 180 (2021), covers a range of goals including: funding high-priority bus and rail transit capital projects, providing transit operations bridge funding for transit operators to address operational costs until long-term transit sustainability solutions are identified, assisting transit operators in preventing service cuts and increasing ridership, prioritizing the availability of transit for riders who are transit dependent, and prioritizing transit agencies representing a significant percentage of the region’s ridership.

As approved by the TAMC Executive Committee on November 1 and supported by the Transportation Agency’s Rail Policy Committee on November 6, the proposed funding distribution would take 1% off the top for administration expenses and allocate 50% of the remaining funds to MST bus projects and 165
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Transportation Agency for Monterey County
55-B Plaza Circle • Salinas, California 93901-2902
(831) 775-0903 FAX (831) 775-0897 • E-mail: [email protected] www.tamcmonterey.org
50% to TAMC rail projects, with additional Measure X funding covering the current estimate for SURF! Busway and Bus Rapid Transit project construction costs. This Measure X augmentation effectively increases MST's funding allocation to 67% of their funding request; and provides the opportunity to leverage the Measure X and SB 125 funds to fund important regional rail projects. The regional rail projects are the Pajaro/Watsonville Multimodal Station project design; the Monterey County Rail Extension Project construction, including Positive Train Control; and the King City Station construction.

The preliminary project list with narrative explanations and a short-range transit plan is due to the California State Transportation Agency by December 31, 2023.

TAMC Staff Selects the “Participatory Budgeting” Team as the Agency’s Employees of the Quarter TAMC selected the Participatory Budgeting team as Employees of the Quarter for July 1 – September 30, 2023.The team comprised of Aaron Hernandez, Ariadne Sambrano, Ariana Green, and Janneke Strause were recognized for their exemplary service in developing the Salinas Valley Safe Routes to School Plan for 22 schools in the Cities of Greenfield, Soledad, Gonzales, and King City.

Their work included developing community steering committees and gathering input from parents, teachers, students, and school administrators to develop projects that would make it safer and more comfortable for children to get to and from schools in each city.

About the Salinas Valley Safe Routes to School Plan & Participatory Budgeting The Salinas Valley Safe Routes to School Plan, developed by the Transportation Agency, Monterey County Health Department, Ecology Action, and the cities in South County, will identify barriers to safe access to all K-12 public schools in South County cities and recommend infrastructure and noninfrastructure improvements.

An important component of the Plan is the participatory budgeting process that is designed to fasttrack funding and implementation of safe routes to school projects that are meaningful to community members. Through this participatory budgeting process, the community helped determine how to spend $250,000 allocated for program safety improvements through the Transportation Agency’s Safe Routes to School Program.

The Salinas Valley Safe Routes to School Plan was funded through a Caltrans Sustainable Transportation Planning Grant ($64,127) and Measure X Safe Routes to School fund ($126,501). 166
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Del Rey Oaks City CouncilDecember 19, 2023

Del Rey Oaks City Council
December 19, 2023