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REVENUES
Taxes:
Sales tax
Other taxes
Intergovernmental revenues
Total Revenues
EXPENDITURES
Current:
General government
Public safety
Public works
Community development
Capital outlay
Debt service
Principal
Interest and fiscal charges
Total Expenditures
Excess (Deficiency) of Revenues over
Expenditures
OTHER FINANCING SOURCES (USES)
Transfers in
Transfers out
Total Other Financing Sources (Uses)
Net Change in Fund Balances
Fund Balances Beginning
Fund Balances Ending
Total
SBR SBR/GJM Nonmajor
Capital Prop 68 Grant Engineering Intersection Governmental Projects Fund Fund Fund Funds
$ - $ - $ - $ - $ 99,031
- - - - 32,187
- 177,952 - - 434,544
177,952 - - 565,762
- - - - 18,685
- - - - 70,316
- - - - 24,460
- - - - 7,131
34,050 24,050 - - 155,656
- - - - 88,621
- - - - 10,410
34,050 24,050 - - 375,279
(34,050) 153,902 - - 190,483
35,000 30,000 - - 65,000
- - - (30,000)
35,000 30,000 - - 35,000
950 183,902 - - 225,483
- (183,902) 505,830 1,056,168 2,594,215
$ 950 $ - $ 505,830 $ 1,056,168 $ 2,819,698
Capital Projects Funds
City of Del Rey Oaks
Combining Schedule of Revenues,
Expenditures and Changes in Fund Balances
Nonmajor Governmental Funds
For the Fiscal Year Ended June 30, 2023
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OTHER INDEPENDENT
AUDITOR’S REPORT
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15105 Concord Circle, Ste. 130, Morgan Hill, CA 95037
Tel: 408-217-8749 • E-Fax: 408-872-4159
[email protected] • www.cnallp.com
INDEPENDENT AUDITOR’S REPORT ON INTERNAL CONTROL OVER FINANCIAL
REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT
OF THE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH
GOVERNMENT AUDITING STANDARDS
Independent Auditor’s Report
To the Honorable Mayor and Members of the
City Council of the City of Del Rey Oaks
Del Rey Oaks, California
We have audited, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of City of Del Rey Oaks (the “City”) as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise City’s basic financial statements, and have issued our report thereon dated December 6, 2023.
Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered City’s internal control over financial reporting (internal control) as a basis for designing procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of City’s internal control. Accordingly, we do not express an opinion on the effectiveness of City’s internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management or employees in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the City’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.
Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over financial reporting that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.
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15105 Concord Circle, Ste. 130, Morgan Hill, CA 95037
Tel: 408-217-8749 • E-Fax: 408-872-4159
[email protected] • www.cnallp.com
Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.
Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.
Chavan & Associates, LLP
Certified Public Accountants
December 6, 2023
Morgan Hill, California
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City of Del Rey Oaks
Schedule of Findings and Responses
For the Fiscal Year Ended June 30, 2023
Current Year Findings:
None Noted
Status of Prior Year Findings:
None Noted
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{AJL-01465843;2}
CITY OF DEL REY OAKS
DATE: January 23, 2023
TO: Honorable Mayor and City Council
FROM: John Guertin, City Manager
SUBJECT: Appeal of Building Official Determination Regarding Square Footage Calculations at 121 Calle Del Oaks
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.
Recommendation
Conduct an appeal hearing of City Building Official Joe Headley’s determination regarding the square footage calculation at 121 Calle Del Oaks, and uphold the appeal or deny it.
Summary & Discussion
Authority for Appeal
The California Building Code, at Section 1.8.8.1 provides, in relevant part, “[e]very city… shall establish a process to hear and decide appeals of orders, decisions and determinations made by the enforcing agency relative to the application and interpretation of this code and other regulations governing construction, use, maintenance and change of occupancy. The governing body of any city… may establish a local appeals board and a housing appeals board to serve this purpose.” And that, “[w]here no such appeals boards or agencies have been established, the governing body of the city… shall serve as the local appeals board…”
Factual and Procedural Background
In May of 2023, the new owners (Owner) of 121 Calle Del Oaks (Property) applied for a business license from the City to operate an automotive restoration facility. Shortly thereafter, the Owner submitted plans to modify the existing structure at the Property (Building).
On June 9, 2023, the City’s Building Official, Joe Headley, provided Plan Review Comments that included, in relevant part, a determination that the plans incorrectly stated the Building’s square footage. The June 9, 2023, Plan Review Comment document is attached hereto as Exhibit A.
Shortly thereafter, the Owner’s counsel submitted a letter, dated June 16, 2023, to the City arguing that Mr. Headley’s determination regarding the Building’s square footage was incorrect for a variety of reasons. The letter is attached hereto as Exhibit B.
Staff Report
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{AJL-01465843;2}
In response, Mr. Headley issued another Plan Review Comment document dated July 11, 2023, which clarified and augmented the June 9, 2023 Plan Review Comment document. The July 11, 2023, Plan Review Comment document is attached hereto as Exhibit C.
Shortly thereafter, Mr. Headley and City Manager Guertin met with the City Attorney to discuss this matter. After the meeting, on July 13, 2023 the City Attorney sent Owner’s counsel a letter outlining the reasons for the City’s position on the matter, and why the City disputed the contentions made by the Owner’s counsel. The July 13, 2023, City Attorney’s letter is attached hereto as Exhibit D.
Thereafter, the Owner filed an appeal of Mr. Headley’s determination.
Appeal
In many jurisdictions, a separate hearing board is established to hear appeals of building decisions and interpretations. Here, the City has no such hearing board and therefore, as noted above, the Council is the appropriate body to hear this appeal.
This appeal hearing before the City Council is de novo, meaning the Council does not defer to Mr. Headley’s determination. Rather, the Council must hear the Owner’s appeal, the City’s response, and consider the evidence presented by both parties at the hearing. From there, the Council has the authority to deny the appeal (and therefore uphold Mr. Headley’s determination), or grant the appeal (and therefore reverse Mr. Headley’s determination).
Whether the Council upholds the appeal or denies it, it must make specific findings on the record at the hearing to support its decision.
Fiscal Impacts
There will be no direct financial impact as a result of this action.
ATTACHMENTS:
• As noted.
Respectfully Submitted,
_______________________________
John Guertin
City Manager
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Exhibit A
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Exhibit B
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Exhibit C
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Exhibit D
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Fenton & Keller
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
280 1 MONTEREY-SALINAS HIGHWAY
POST OFFICE BOX 791
MONTEREY, CALIFORNIA 9 3 94 2 -0 7 9 1
TELEPHONE ( 8 3 1 ) 3 7 3 - 1 24 1 FACSIMILE (831) 373-7219 OF COUNSEL www.FentonKeIler.com CHARLES R. KELLER Alex J. Lorca July 13,2023
VIA US MAIL AND EMAIL ([email protected])
Dear Tony:
{AJL-01438837;!}
CAROL S. HILBURN MARCO A. LUCIDO
GLADYS RODRI GUEZ-MORALES
BRADLEY J. LEVANG
ASHLEY E. CAMERON
CHRISTOPHER M. LONG
CHRISTOPHER J. NANN1NI
TARA L. CLEMENS MATTHEW D. FERRY
CHRISTOPHER E. PANETTA
SARA B. BOYNS
BRIAN D. CALL
TROY A. KINGSHAVEN
JOHN E. KESECKER
ELIZABETH R. LEITZINGER
ANDREW B. KREEFT
KENNETH S. KLEINKOPF
ALEX J. LORCA
DERRIC G. OLIVER
This letter is in response to your June 16, 2023 letter to City Manager John Guertin regarding 121 Calle Del Oaks in the City of Del Rey Oaks (Premises). I recently met with Mr. Guertin and City Building Official Joe Headly regarding the issues you presented in your letter.
Anthony Lombardo
144 W. Gabilan Street
Salinas, CA 93901
[email protected]
ext. 258
Re: 121 Calle De Oaks
Our File: 34837.33652
The City also disputes the assertion in your letter that the Monterey Peninsula Water Management District (District) “confirms they list the building size as 11,200 square feet....” Assuming, arguendo, the District’s square footage calculations were binding on the City, the enclosed Commercial Water Inspection (enclosed herein as Exhibit A) obtained by Jeff Davi on February 21st of this year, clearly shows the District’s determination that the Premises contains 9,500 square feet. Indeed, the Premises has long been marketed as a 9,500 square foot building.
See enclosed advertisement (enclosed herein as Exhibit B) from the Premises’ former owner clearly listing it as 9,500 square feet.
The City disputes the contention in your letter that the County of Monterey Assessor’s Office determination regarding the Premises’ square footage is binding on the City for the purpose of the Mr. Headley’s determination of the same. Likewise, the data from MetroScan/CoreLogic is not binding on the City. Indeed, the MetroScan/CoreLogic report included with your client’s application explicitly states, “Information compiled from various sources. CoreLogic makes representations or warranties as to accuracy or completeness of information contained in this report.” The City welcomes a legal citation to support the contention that the Assessor’s data or that of MetroScan/CoreLogic is binding on the City Building Official.
LEWIS L. FENTON
1925-2005
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Very truly yours,
{AJL-01438837;!}
Please note that Mr. Headley’s determination regarding the square footage may be appealed to the City Council within thirty (30) days of this letter.
Neither the April 3, 1978 nor the April 29, 1985 plans submitted on behalf of Me Donald Refrigeration contain any language suggesting the mezzanine area was a second floor. Indeed, these plans show the Premises’ having 9,600 square feet. Likewise, the plans submitted on June 20, 2019 by Seaweed, LLC also show the Premises as having 9,600 square feet.
Mr. Headley confirms the mezzanine area was used for equipment such as heating, ventilation, and air conditioning units, as well as other mechanical units. This is why the District, the City, and the former owner all list the Premises’ square footage as 9,500.
Alex J. Lorca,
City Attorney,
City of Del Rey Oaks
Anthony Lombardo
July 11,2023
FENTON & KELLER
A Professional Corporation
With respect to the purported suspension of Mr. Headley’s corporation, I am not aware of the details of as much. Regardless of the status of Mr. Headley’s corporation, at no relevant time were Mr. Headley’s credentials as the City Building Official suspended or otherwise compromised, nor was any licensure Mr. Headley has from the State of California.
AJL:kmc
Enclosure: as noted
cc: J. Guertin (email)
J. Headley (email)
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{AJL-01440382;1}
Exhibit A
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CITY:
WATER EFFICIENCY INVENTORY:
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ACTION REQUIRED:
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Showerheads 2.0 gpm
Toilet 1.3 gpfunless 1.6 gpf prior to 2013
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PERSON CONTACTED: ftAx/ ~L /
NO. OF BLDGS:
Q Items not in compliance must be corrected within thirty (30) days. 1 | | Re-inspection required. Please call 658-5601 to schedule. (Re-inspection Fees of $105.00 are required prior to inspection? Q Provide itemized receipts/photos for
I | Water Release Form & Water Permit Application Form required (Jurisdiction). Fees may be due. (Contact the District,) zhj /
Date
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Types of use / Inspector Notes:
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This form certifies that an inspection was conducted at the above address to verify Water Efficiency Standards as listed in Regulation XIV District Rules and Regulations. At the time of the inspection, the property JWAS Q WAS NOT found to be in compliance with MPWMD Water Efficiency Standards and/or with MPWMD Water Permit; K
Public Washbasins 0.5 gpm
Other Sink 2.2 gpm
Public Washbasins (Sensor/Metered) auto 0.25 gpm.
Washbasins (private) 1.5 gpm
High Efficiency Urinals
kC High Efficiency Clothes Washer
0C Water Efficiency Ice Machine
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
5 HARRIS COURT, BLDG. G • P.O. BOX 85 • MONTEREY, CA 93942 • (831) 658-5601 FAX (831) 644-9558 www.mpwmd.net
COMMERCIAL INSPECTION REPORT
I^CII I I Change of Title Q Pre-Inspection/Credits QNew Construction O Remodel/Addition O Re-Inspection BUSINESS NAME(S); t M NqfcKX E-mail:
PROPERTY ADDRESS: 1 2-4 / |2_Q CALLS
bst owes ASSESSOR’S PARCEL NUMBER:
OWNER’S NAME: V V
TYPE OF USE(S): OFF. 'X- , CKPAcknowledgment of Receipt Date MPWMWRepresentative See Important Terms and Conditions on back of form.
U: \demand\ Work\Forms inspection Reports \COM Inspection Report_201603 09. docx Xf Pre-Rinse Spray Valve 1 .6 gpm.
Conservation Signage
Landscaping (Refer to Cal Am)
yf Pressure (PSI)
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{AJL-01440382;1}
Exhibit B
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RETAIL • COMMERCIAL • STORAGE LIGHT INDUSTRIAL • OFFICE A.G.DAVI
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1400 S' • 3 Phase Electrical Service
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10,000 Square Feet.
Lighthouse Ave. in Monterey
Near Aquarium
Ron Langford
City Of Del Rey Oaks
650 Canyon Del Rey Boulevard
Del Rey Oaks, CA 93940-5505
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REAL ESTATE
Also available for Lease: • 8000 square feet available for Lease at affordable rents • Divisible into areas of 1600, 3200, 4800, or 8000 square feet.
•22' ceiling height
tare feet +/- office space
Rollup
Door
20'
( . 'REAL EST-Al'E I
P.6. Box 2350/
Mp^w^ey.’CA. 93942
831.373.2222
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325-3,324 Squore Feet
Carmel Rancho Blvd - Divisible
650-1,008 Square Feet
Downtown Carmel Retail or Office
3,500 Square Feet
at Laguna Seca Office Park
Upto 15,000 Square Feet
Greenfield shopping center - Divisible
490-1,322 Square Feet
Seaside Office on Hilby
Several small affordable offices in
Monterey and P.G. between
300-700 Square Feet
93940550550
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Presentation
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Kim Shirley’s Council Report
for Tuesday, January 23, 2024
Wednesday, December 13th- Seaside Groundwater Basin Watermaster Technical Advisory Committee Mtg- This meeting is always one that keeps me on my scientific toes as most of the members are engineers or public works employees of sorts who look at the more technical data that’s being prepared to analyze the health of the basin.
One of the topics for our meeting was the sentinel wells which are wells that follow our coastline and will help us determine if there is any seawater intrusion. These wells are regularly looked at by hydrogeologic consultants who determine the conductivity of the water (more salts would mean higher conductivity). Our fall analysis of these wells shows a very small increase in conductivity, but nothing that would warrant greater analysis.
We also had a presentation on the airborne electromagnetic surveys that were completed over portions of the basin. This technology uses an induction coil with electricity which is flown over the basin with a helicopter and looks at electrical resistivity which can help determine if salt water is being detected. There seem to be lots of limitations to this type of data collection, but it does provide some data that can be used in collaboration with ground well data. This data did determine that the top 150’ of the entire shoreline is intruded with salt water, but that was not surprising.
Our next topic covered was regarding one of the wells along the coastline which is on land that is currently in litigation. This well had previously showed damage to its casing and although it’s not in use, it was discussed that it can still allow seawater to intrude. With this possibility, I moved that we discuss this with our watermaster attorney to see if we would be able to bypass the current legal process, which could take many years to settle, and go in to either fix this well or destroy it sooner rather than later. I’m expecting this topic to be covered in closed session at our February mtg.
Another important topic that we covered was the annual Seawater Intrusion Analysis Report for 2023. This report showed that seawater intrusion is currently not occurring but that it is still likely for our basin.
Lastly, we looked at the draft 2023 Watermaster Annual Report that needs to be submitted to the court. We approved it with no edits and it will now go to the regular board for approval before it gets submitted.
Wednesday, December 13th- Special Council Meeting- This had to be on record, the shortest meeting ever! This meeting followed the Planning Commission meeting which reviewed the final draft of our 6th cycle Housing Element. Once the Planning Commission recommended approval, it was the council’s turn to review and provide the final approval. 1 253
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With Mayor Donaldson out of town, as Vice Mayor I ran this meeting, although I certainly got off lucky as it was super straightforward. We’ve all been discussing the Housing Element so much that there were very few questions and it was easily passed. Many thanks go to Denise Duffy and Associates and our city hall staff who worked so hard to get this document done by the Dec. 15th deadline- great work! Tuesday, December 19th- City Council Meeting- Although this was our last meeting of the year, we had some important decisions to make as we looked towards 2024. The first was looking at regional board and committee assignments. Councilmember Bill Ragsdale-Cronin, who was appointed last March and hadn’t received any regional appointments, was requesting to replace Mayor Donaldson on M1Water. The main reason Bill was choosing that regional board appointment was because he actually retired from M1Water after working there for many years, so his knowledge of wastewater is vast.
Given his lack of regional appointments, his experience in this field, and his need for a board appointment that would meet at night and fit into his work schedule, I was happy to support this request.
Another topic we covered was the approval for the 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. Now that we’ve settled our agreement with the California Native Plant Society regarding the plant reserve, we are ready to begin the process of realigning South Boundary Road further north and creating an intersection between South Boundary and General Jim Moore Blvd. that is safer than our current intersection. It has been proposed in the past that this intersection include a roundabout in the area where General Jim Moore Blvd. widens and can accommodate this transition. The new South Boundary road would also include space for bikes and pedestrians while including a swale space for drainage.
Ultimately, this decision begins our long road to development on our former Fort Ord property, so I deeply encourage everyone to stay engaged and follow these steps as we begin this exciting process.
Lastly, I’m thrilled to share that we unanimously passed two ordinances that work towards creating a healthier community for us all! Along with councilmember Hallock, we were able to bring the Tobacco Retail License (TRL) Ordinance and the Smoke-Free Public Places ordinance to the council for approval. The TRL ordinance will charge our tobacco retailers an annual fee that will go towards Monterey County Health enforcing signage while investigating and preventing sales towards youth. The Smoke-Free Public Places ordinance eliminates the ability to smoke in public places such as our park, outdoor dining, or in service lines (ex. lines to the ATM or food truck). In addition to the public support we received for these ordinances we also received public comments that support passing a multiunit housing smoke-free policy. Two members of The Oaks condominiums HOA board attended our meeting and offered their support and shared that having the city pass this type of ordinance would financially help them in terms of fire insurance and would be 2 254
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easier for them to enforce rather than having their own rules against smoking. I look forward to having the multiunit housing smoke-free ordinance back at that council in another month or two. Overall, I’m very pleased with our efforts to limit smoking and make public spaces healthier for our residents and visitors of our community. We will be doing the second reading for these ordinances in January.
Wednesday, January 3rd- Seaside Groundwater Basin Watermaster Mtg- We were missing two of our board members in this meeting, so the decision regarding creating a hybrid version of our meetings to increase access to the public and a closed session item was tabled for next time. We did decide on board chair and vice chair appointments, keeping our current configuration of Seaside Mayor Ian Olgesby as our chair and Sand City Mayor Mary Ann Carbone as our vice chair. We did appoint Monterey County Supervisor Wendy Root Askew as our new treasurer.
Also in this meeting we approved the annual Watermaster report that needs to be filed with the court every year. This included approving the final draft of the seawater intrusion report. A request that was brought up during this agenda item was to bring the seawater intrusion presentation that was done for the TAC to the full board for greater discussion. In the interest of having more information that’s shared in these meetings, it was also requested that we make more of an effort to have other water agencies present in our meetings. Both of these ideas are good, as I’m always supportive of learning more about what other water agencies are doing and providing this information during a meeting allows our board further opportunities to ask questions and create discussions, which is especially important since there are clear yet amiable factions on our board. We also need to recognize that our aquifers are all connected and therefore we should not silo our efforts since decisions made by one organization will always affect another.
Saturday, January 6th- Braver Angels Meeting- This was the second meeting of the non-profit Braver Angels Monterey Alliance that was recently created by our DRO resident Deanna Ross. This alliance brings together a mix of “red” identifying and “blue” identifying individuals to talk and learn about skill building as we work to find commonalities. At our first meeting, we ran a bit heavy on the “blue” side with 63% attendance (17 blues vs. 5 reds and 5 independents). The ideal percentage is a 50/50 split with an upper allowance of 60/40. Given that we’re not there yet, we’ll be working towards gaining more reds and it looks like we were moving in that direction with this second meeting.
With about 30 people in attendance, we shared one word about how we were feeling about 2024. Next we shared how we were feeling about the election year and an instance where we had a “depolarizing” moment. With these moments of sharing, in terms of 2024 and this being an election year there were varying amounts of hope, excitement, and downright fear as people shared their feelings and approach for the year. Many talked about altering their exposure to cortisol inducing news, while others talked about moving towards being kind to one another and creating a community where we all felt more gracious towards 3 255
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each other. Overall, it was so nice to take part in something where we’ll be able to break down barriers and remind each other that assumptions often get in the way of making positive connections with others. I look forward to continuing with these monthly meetings and would strongly encourage others to join (especially if you’re “red” leaning!).
Monday, January 8th- Monterey-Salinas Transit Board Mtg- Please see the MST board highlights in our agenda packet. One thing you won’t see in those board highlights is that after the board meeting…I got to drive a bus! Ok, so it wasn’t on city streets, but several staff and board members were able to check out portions of the coach operator training course in a parking lot near CSUMB. MST is currently in need of 19 coach operators to round out our Better Bus Network. They are offering signing bonuses and are looking at convenient and efficient ways of getting people trained and able to pass the DMV driving test by simulating the course on our own property. For us, this entailed driving the bus in an elongated oval, which included driving the bus through a narrow lane of cones to simulate a construction site. I only knocked down one cone (better than most!) and ok, I ran a curb, but other than that, it was thrilling! If you’re interested in applying, please go to the MST website and download the application (https://mst.org/about-mst/employment/).
Friday, January 12th- City Finance Mtg- Good news at the finance meeting! We received our 2022/23 financial audit and there were no findings, which means our financial status can be trusted and is in good standing. Several years ago, that was not the case for the city, but thanks to the work of our staff and our contracted financial employees, they have worked diligently to make sure our methods of accounting are cleaned up and accurately reflects our financial status. I’m grateful for their work! Additionally, we will be talking soon about mid-year budget adjustments. There shouldn’t be too many, but we will need to talk about how we’d like to move forward with some of our capital projects. We unfortunately did hear that FEMA won’t be covering the cost of many of our storm damaged areas, so we’ll need to prioritize and talk about our next steps. Thanks goes to DRO resident Mike O’Brien who’s been attending our meetings. I would encourage others, if you have the time, to drop into our finance meetings. I appreciate the engagement! Monday, January 15th- Seaside’s Dr. Martin Luther King, Jr. Celebration- Thank you to the Monterey County Black Caucus, Rosalyn Green, the city of Seaside, and the many other co-sponsors and supporters for putting on such a wonderful event! I walked down to the start of the march and jumped in with Sustainable Seaside as they marched to the Oldemeyer Center. I was happy to see DRO resident, Juan Sánchez, Founder and Executive Director of Palenke Arts who was there marching with his students and also performing during in the program. Dr. PK Diffenbaugh, MPUSD Superintendent was there marching as well. He gave remarks and then at the end of the program it was announced by MPUSD Board Trustee Dr. Bettye Lusk that for the first time ever, MPUSD will have a caravan of HBCU (Historically Black Colleges and Universities) representatives visit Seaside High School. The representatives will be providing seniors across the district with immediate entry and scholarships to their institutions. Love it! Overall, this event is always 4 256
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inspirational and I appreciated its focus on youth, its acknowledment of those who have worked so hard to get us where we are today with the knowledge that there is still so much work to do. True to Dr. King’s focus, the event honored the pastors in our community that are doing good work while also recognizing our educational institutions that provide the space to grow leaders and advocates in our communities. 5 257
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Council Report from Vice Mayor John Uy, Ed.D. 1
Council Report from Vice Mayor John Uy
January 23, 2024
I. Council Report: Regular Meeting of the DRO City Council on December 19, 2023 I am thrilled to provide you with an update on the recent regular City Council meeting held on December 19, 2023. This meeting was a testament to our commitment to transparency, collaboration, and progress as we work together to shape the future of our beloved community.
Appointment of Councilmember John Uy as Vice Mayor for the 2024 Calendar Year One of the highlights of the meeting was my appointment as Vice Mayor for the 2024 calendar year.
With a heart brimming with gratitude and a deep sense of responsibility, I am incredibly honored to share a momentous announcement with all of you. Following our recent City Council meeting, I am humbled to have been unanimously appointed as the new Vice Mayor of Del Rey Oaks.
This opportunity to serve our remarkable community is both a privilege and a profound responsibility. I extend my heartfelt appreciation to each of you for your unwavering support, encouragement, and belief in our shared vision for Del Rey Oaks.
As I step into this new chapter, I am guided by a profound commitment to serve with humility, integrity, and an unwavering dedication to the betterment of our beloved city. I stand here today not merely as an individual but as a representative of our collective dreams and aspirations.
Together, we have an incredible chance to shape a future that is inclusive, vibrant, and thriving for all. Your voices, perspectives, and ideas are the cornerstone of our progress, and I am committed to fostering an environment where every opinion matters.
I am deeply honored by the trust placed in me and pledge to work tirelessly, collaborating with each of you to create positive change and uphold the values that make Del Rey Oaks, California, an extraordinary place to call home.
Let us embark on this journey together, united in our determination to build a community where everyone feels heard, valued, and empowered.
Thank you so much for your unwavering support, and I am genuinely excited about the possibilities that lie ahead as your Vice Mayor.
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Authorize the Establishment of a Deputy City Clerk/Permit Clerk Position in the Fiscal Year 2023-24 Budget
During the meeting, we also recognized the need to address the increased workload and service demands on the City Administration. To ensure the efficient delivery of services to our residents and businesses, we approved the establishment of a Deputy City Clerk/Permit Clerk position in the Fiscal Year 2023-24 Budget. This addition to our team will help us better meet the needs of our community and provide the level of service our residents deserve.
Financials November 2023
We also received the November 2023 Financial Reports, which showcased a healthy cash balance and responsible financial management. Thanks to the work and efforts of our City Hall Staff! This demonstrates our commitment to fiscal responsibility and ensures the long-term sustainability of our city. We will continue to monitor our financial situation closely and make informed decisions to support the prosperity of Del Rey Oaks.
First Reading of Tobacco Retailer License Ordinance and Smoke-Free Public Place Ordinance Another important topic of discussion was the proposed ordinances related to tobacco control and smoking regulations. As part of our commitment to the Blue Zones Project, we are actively working to create a healthier and more vibrant community. These ordinances will contribute to reducing smoking rates and promoting overall well-being among our residents.
These ordinances represent a significant step forward in our collective efforts to create a healthier, safer, and more vibrant community for all. By adopting these
measures, we are taking a stand against the detrimental effects of tobacco use and secondhand smoke, and we
are prioritizing the well-being of our residents,
particularly our youth and vulnerable populations.
The comprehensive Tobacco Retailer License Ordinance
will ensure that tobacco retailers in our city comply with tobacco control laws and adhere to business standards
that promote responsible retailing. By implementing this licensing system, we are not only safeguarding the health and welfare of our residents but also sending a clear
message that we prioritize the responsible sale and
distribution of tobacco products.
Furthermore, the Smoke-Free Public Place Ordinance will create an environment where smoking and the use of nicotine are less desirable, accessible, and acceptable. This ordinance will protect our residents from the harmful effects of secondhand smoke, including aerosol 260
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from e-cigarettes and smoke from marijuana. It will also contribute to the overall reduction in smoking, vaping, and tobacco use, aligning with the goals of the Blue Zones Project and our commitment to promoting a long and healthy life for all.
I am inspired by the collective efforts of our community, the County of Monterey Health Department, and our dedicated city staff in bringing forth these ordinances. Their tireless work and commitment to public health have paved the way for us to take this crucial step forward.
As a councilman, I firmly believe that it is our duty to ensure the well-being of our residents and to create an environment that fosters their growth and prosperity. These ordinances align with our vision for a vibrant and inclusive community, where everyone can thrive and enjoy the benefits of a healthy lifestyle.
II. Council Report: My Appointment to the Revenue and Taxation Policy Committee of the League of California Cities
It is with immense honor and heartfelt enthusiasm that I share with you my appointment to the Revenue and Taxation Policy Committee by the Monterey Bay Division president to the League of California Cities. This prestigious one-year term stands as a testament to my exemplary leadership and commitment to advancing the interests of our community.
My appointment is not merely a recognition of my capabilities but a call to serve at the forefront of policy shaping and advocacy efforts. My participation throughout the year will provide a unique platform to effectively represent our division and contribute to the greater good.
As a committee member, my role is paramount to the success of Cal Cities' advocacy endeavors. My commitment to keeping the division president informed, and the possibility of 261
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providing periodic updates on committee activities showcase my dedication to transparent and informed governance. My active engagement will undoubtedly play a pivotal role in shaping policies that resonate with the needs of our community.
The committee is set to convene at least three times this year, combining virtual and in-person sessions, commencing with a virtual orientation meeting on January 4th. This not only promises a dynamic exchange of ideas but also signifies the beginning of a journey marked by collaboration, innovation, and meaningful contributions.
It is noteworthy that my one-year appointment is slated to culminate with the conclusion of the 2024 League of California Cities Annual Conference, underscoring the significance of my role in shaping the future of our community.
My appointment adds a distinguished chapter to my service to our entire community, and I am honored to represent you on such a grand platform.
III. Council Report: Message of Vice Mayor John Uy for the New Year (January 1, 2024) Dearest Residents of Del Rey Oaks and City Hall Staff,
As we stand at the threshold of a brand-new year, I am filled with gratitude and excitement to extend my warmest New Year's greetings to each and every one of you. I am honored to serve as your newly appointed Vice Mayor and embark on this journey together as we navigate the promise and potential that 2024 holds for our beloved Del Rey Oaks.
The start of a new year is a moment of reflection, hope, and fresh beginnings. It's an opportunity for us to look back at the milestones we've achieved, the challenges we've overcome, and the lessons we've learned. Together, we form the heartbeat of this vibrant community, and it is our collective spirit that makes Del Rey Oaks truly special.
As we usher in 2024, let us carry forward the warmth of community, the strength of unity, and the power of shared dreams. Each one of you plays an integral role in the tapestry of our town, and I am committed to working hand in hand with you to build upon our successes and face the opportunities and challenges that lie ahead.
Del Rey Oaks is not just a place on the map; it's a community of diverse individuals, each with unique stories, aspirations, and contributions. Let us celebrate this diversity and find strength in our shared values. In the coming year, my focus as your Vice Mayor will be to foster open communication, encourage community engagement, and ensure that the voices of each resident are heard and valued.
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May the canvas of the
New Year be painted with
moments of joy, kindness,
and shared
accomplishments.
Together, let's continue to
make Del Rey Oaks a place
we are proud to call home
and an excellent place to
work.
Wishing you and your
loved ones a New Year
filled with peace,
prosperity, and the
warmth of community.
Warm Regards,
Vice Mayor John Uy
Del Rey Oaks
IV. Council Report: Seaside County Sanitation District Board of Directors Meeting – January 9, 2024
I am writing to provide you with an update on the recent Seaside County Sanitation District (SCSD) regular meeting that took place on January 9, 2024. As a member of the board of directors, I am pleased to share the highlights of the meeting and the positive outcomes that were achieved.
First and foremost, I am thrilled to announce that I have been elected as the 1st Vice Chair of the SCSD Board of Directors. This is a great honor for me, and I am excited to take on this new role and contribute to the continued success of the district. Additionally, Mr. Jerry Blackwelder was elected as the Chair, and Mayor Ian Oglesby was appointed as the Second Vice Chair. 263
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Together, we form a strong leadership team that is committed to serving the community and ensuring the efficient operation of the sanitation district.
During the meeting, several important agenda items were discussed and acted upon. One of the key items was the approval of the minutes from the previous special meeting held on December 5, 2023. The minutes were reviewed and unanimously approved by the board, ensuring accurate documentation of the district's activities.
Another significant agenda item was the
approval of the Seaside County Sanitation
District Operations Report for November and
December 2023. This report provides valuable
insights into the district's operations and
maintenance activities during that period. It is
crucial for us to stay informed about the
district's performance and address any issues
promptly to ensure the smooth functioning of
our sanitation services.
Furthermore, the board approved the
November and December 2023 expenditure
report for the Seaside County Sanitation
District. This report outlines the district's
financial activities and ensures transparency and accountability in our financial management.
The board also approved a drawdown request of $272,446.08 to cover the expenses incurred during that period. This financial decision was made with careful consideration and in line with the district's budgetary constraints.
Lastly, the board received staff reports, which included updates on various ongoing projects and initiatives. Staff also provided updates about the sewer capacity fee assessment of the Marriott Dual Brand Hotel Project (a Residence Inn and a Courtyard Inn) located at 880 Tioga Avenue in Sand City. The project will feature a Residence Inn, a Courtyard Inn, associated office space, one bistro kitchen and seating area, one restaurant kitchen and seating area, a gym, and a conference space. The Residence Inn portion of the project contains 88 rooms, with a kitchenette and bathroom in each room. The kitchenettes contain a sink, refrigerator, stove top burners, dishwasher, and microwave, while the bathrooms contain a toilet, a combination shower bathtub, and a sink. The Courtyard Inn contains 127 standard hotel rooms, with only one bathroom in each room.
These reports provide valuable information to the board and help us make informed decisions regarding the district's operations and future plans. We appreciate the dedication and hard work of our district staff in ensuring the smooth functioning of the sanitation district. 264
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In conclusion, the Seaside County Sanitation District regular meeting was a productive and successful gathering. The board of directors remains committed to serving the community and ensuring the efficient and effective operation of the district. We are confident that our collective efforts will continue to enhance the sanitation services provided to the residents of Del Rey Oaks and the surrounding areas.
V. Council Report: AMBAG Board of Directors Meeting – January 10, 2024 I am pleased to present this council report on behalf of the Association of Monterey Bay Area Governments (AMBAG), summarizing our regular meeting held on January 10, 2024. It was an inspiring and productive session, and I am excited to share the highlights with you.
During the meeting, we discussed a range of important topics that are of great significance to the City of Del Rey Oaks and the entire Monterey Bay Area. Our primary focus was on advancing regional cooperation and addressing the pressing challenges that our communities face. I am proud to report that the meeting was marked by a spirit of collaboration and a shared commitment to creating a sustainable and prosperous future for all.
One of the key items on the agenda was the AMBAG Regional Growth Forecast. This forecast plays a crucial role in guiding our regional planning efforts, and it was heartening to see the dedication and enthusiasm with which our board members approached this topic. We recognize the importance of accurate and informed projections in shaping our policies and initiatives, and we are confident that the Regional Growth Forecast will provide a solid foundation for our future endeavors.
Additionally, we had the opportunity to discuss the AMBAG Sustainability Program, which aims to promote energy efficiency and sustainable practices in our communities. We firmly believe that by working together, we can make a significant impact on reducing our carbon footprint and preserving our natural resources. The City of Del Rey Oaks has always been a leader in environmental stewardship, and we are grateful for your continued support and partnership in advancing our sustainability goals.
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Furthermore, we explored the concept of complete streets policies, which prioritize the safety and accessibility of all users of our transportation system. We understand the importance of creating streets that are not only efficient but also safe and inclusive for pedestrians, bicyclists, and motorists alike. By implementing complete streets policies, we can enhance the quality of life in our communities and foster a more connected and vibrant region. We were encouraged by the positive response from our board members and their commitment to working towards this shared vision.
However, I must also share some challenging news that was presented by AMBAG staff during the meeting. The Governor's proposed 2024/25 budget includes a $300 million cut to the REAP
2.0 funding. This represents a significant 50% reduction in the REAP 2.0 Program and will result in a corresponding 50% cut to all REAP 2.0 awards. While this is the Governor's proposed budget and discussions will continue over the next few months, it is important for us to be aware of this potential impact.
In light of this development, AMBAG staff recommends that REAP 2.0 Local Suballocation Grant Program (LSGP) and Regional Suballocation Grant Program (RSGP) awardees do not spend more than 50% of their REAP 2.0 awards. Additionally, it is advised that awardees refrain from initiating any projects that cannot be completed with only 50% of the awarded funding. AMBAG staff will continue to participate in budget discussions and advocate for REAP 2.0 funding. We will keep you informed as we receive more information and direction.
In conclusion, the AMBAG Board of Directors meeting held on January 10, 2024, was a resounding success. The spirit of collaboration and shared commitment to regional cooperation was evident throughout our discussions. I am inspired by the dedication and passion of our board members and their unwavering commitment to serving our communities. Together, we can make a positive impact and create a better future for all.
VI. Council Report: Message of Councilmember John Uy on MLK Day (January 15, 2024) Honoring Martin Luther King, Jr. Day
As we come together to celebrate Martin Luther King, Jr. Day, let us reflect on the profound impact of a man who dreamt of a world where equality and justice prevailed. Today, we pay tribute to Dr. King's legacy and the timeless values he stood for. "Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that."
These powerful words by Martin Luther King, Jr. remind us that even in the face of adversity, unity and love have the strength to overcome. Let us embrace these words as a guiding light for our community, fostering compassion, understanding, and respect. 266
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On this special day, let's commit ourselves to building bridges, breaking down barriers, and creating a community where every voice is heard and every person is valued. Dr. King's dream was not just for his time but for all times, and it lives on through each one of us.
Together, we can continue the journey towards a more just, inclusive, and harmonious society.
Happy Martin Luther King, Jr. Day!
#MLKDay #UnityInCommunity #DelReyOaksStrong
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MST HIGHLIGHTS
Board of Directors Meeting
January 8, 2024
RECOGNIZED JANUARY EMPLOYEE OF THE MONTH
The MST Board adopted Resolution 2024-12 recognizing Federick Campa, Coach Operator, as the January 2024 Employee of the Month for his outstanding contribution to MST and the entire community.
RECOGNIZED 2023 EMPLOYEES OF THE YEAR
The MST Board adopted Resolutions 2024-13 and 2024-14 recognizing Jacob Newman, Communications Specialist, and Omarr Wilson, Coach Operator, as the 2023 Employees of the Year for their outstanding contribution to MST and to the entire community.
RECOGNIZED 2023 MANAGEMENT EXCELLENCE AWARD WINNER
The MST Board recognized Marzette Henderson, as the 2023 recipient of the Manager Excellence Award for his outstanding contribution to MST and the entire community.
RECEIVED MST’s AUDITED FY 2022 ANNUAL COMPREHENSIVE FINANCIAL REPORT
The MST Board received MST’s audited FY 2022 Annual Comprehensive Financial Report provided by EideBailly LLP.
APPROVED MOBILITY ADVISORY COMMITTEE MEMBER REAPPOINTMENT The MST Board reappointed Jessica McKillip, Executive Director for ITN Monterey, as a member of the Mobility Advisory Committee.
CONDUCTED STRATEGIC PLANNING WORKSHOP
The MST Board conducted its annual strategic planning workshop; reviewed strategic progress to date and emerging issues; received the FY2023-2025 Strategic Plan and 2- year action plan update from staff; and received the MST year-to-date financial update.
The Board and staff also reviewed and discussed three Board Performance items; MST Board meeting productivity; 2) communications from the Board Chair; and 3) Paperless MST Board Meeting Agenda.
NEXT MST BOARD MEETING
The next regular MST Board meeting is scheduled for February 12, 2024. 270
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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
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 271
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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). 272
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