REGULAR CITY COUNCIL MEETING AGENDA
OF THE CITY OF DEL REY OAKS CITY COUNCIL
TUESDAY, FEBRUARY 27, 2024 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
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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. PROCLAMATION:
A. Celebrating Black History Month
5. CONSENT AGENDA:
A. MINUTES: (CEQA: as to all, not a project per Guidelines Article 20, Section 15378)
1. January 23, 2024, Regular City Council Meeting Minutes
2. December 13, 2023, Regular Planning Commission Meeting Minutes B. MONTHLY REPORTS: (CEQA: as to all, not a project per Guidelines Article 20, Section 15378)
1 1. Financial January 2023 - January 2024
2. Fire Department Response Report, January 2024
3. Police Activity Report, January 2024
C. MISCELLANEOUS: (CEQA: as to all, not a project per Guidelines Article 20, Section 15378)
1. Authorize City Manager to release Community Tree Service from any responsibility and approve award of contact to Julian Tree Care for Cal Fire Grant project
6. OLD BUSINESS:
A. Carried Over Item from January 3, 2024, City Council Meeting:
Appeal of Building Official Findings for Tenant Improvement Application at 121 Calle Del Oaks
7. NEW BUSINESS:
A. Approve First Reading of Ordinance Regulation Smoking in Multi-Unit Residences B. Approve Mid-Year FY 2023-24 Budget Recommendations
C. Receive Information and Provide Direction Regarding Placing a Measure on the November 2024 General Election Ballot to Increase the City’s Transient Occupancy Tax by Two Percentage Points
8. STAFF REPORTS:
A. City Manager Report
B. Council Reports
9. CORRESPONDENCE:
A. Mosquito Abatement District Highlights
MST Highlights
TAMC Highlights
Veterans Issues Advisory Committee
10. NEXT MEETING DATE: March 26, 2024 at 6:00pm
11. 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 PROCLAMATION
Honoring Black History Month
February 2024
WHEREAS, the city of Del Rey Oaks is committed to diversity, equity, inclusion and mutual respect as a fundamental aspect of a healthy, thriving community; and WHEREAS, In 1976, as part of the nation's bicentennial, Black History Month was formally adopted to honor and affirm the importance of African American History throughout our American experience, and serves to promote cultural enrichment, ethnic pride, and self-esteem; and
WHEREAS, During Black History Month, we celebrate the many achievements and contributions made by African Americans to our economic, cultural, spiritual and political development: and WHEREAS, Black History Month is a time for all Americans to remember the stories and teachings of those who helped build our nation, took a stance against prejudice to build lives of dignity and opportunity, advanced the cause of civil rights and strengthened families and communities; and WHEREAS, the Black community has been the target of discrimination and violence based on identity, which conflicts with our core values as a community; and WHEREAS, The observance of Black History Month calls our Nation's attention to the continued need to battle racism and look to the future to continue to improve society so that we live up to the ideals of freedom, equality and justice;
NOW, THEREFORE, I, Mayor Scott Donaldson, do hereby proclaim February 2024 as Black History Month. I urge all citizens to celebrate our diverse heritage and culture and continue our efforts to create a world that is more just, peaceful and prosperous for all.
IN WITNESS WHEREOF I have hereunto set my hand this 27th day of February, 2024.
Signed
________________________
Scott Donaldson, Mayor
3 Item A.
City of Del Rey Oaks
City Hall
650 Canyon Del Rey Blvd
Del Rey Oaks, CA 93940
Action Minutes
Tuesday January 23, 2024 - 6:00 PM
City Council – Regular Meeting
Del Rey Oaks City Council
Scott Donaldson – Mayor
John Uy – Vice Mayor
Jeremy Hallock – Councilmember
Kim Shirley – Councilmember
Bill Ragsdale-Cronin - Councilmember
4 Item 1.
6:00 PM – Called to Order:
The meeting was called to order by Vice Mayor Uy.
Roll Call:
Present: Vice Mayor Uy, Councilmember Shirley, Councilmember Hallock, and Councilmember Ragsdale-Cronin.
Absent: Mayor Donaldson
Also Present: City Manager Guertin, City Attorney Lorca, City Clerk Minami and Administrative Assistant Fitz
Pledge of Allegiance:
Vice Mayor Uy led the Pledge of Allegiance
Public Comment:
Helen Birdsong: Confused why the no smoking in multi-unit item is on this agenda. Reads letter from another Oaks resident regarding a smoking neighbor having to move because of health concerns.
Oaks Resident: Wants to move forward with no smoking in multi-unit buildings.
Kristin Clark: Joe Russell cared about the city; he was part of the changing of the guards.
Jerry Edelen: Honor to work alongside Joe Russell.
CONSENT AGENDA: Action Items
A. MINUTES: (CEQA: as to all, not a project per Guidelines Article 20, Section 15378)
1. December 13, 2023, Special City Council Meeting Minutes
2. December 19, 2023, Regular City Council Meeting Minutes B. MONTHLY REPORTS: (CEQA: as to all, not a project per Guidelines Article 20, Section 15378)
1. Financials December 2023
2. Fire Department Response Report, December 2023
3. Police Activity Report December 2023
C. MISCELLANEOUS: (CEQA: as to all, not a project per Guidelines Article 20, Section 15378)
1. Adoption of Tobacco Retailer License Ordinance and Smoke Free Public Places Ordinance (Second Reading)
2. Authorize City Manager to Publish Request for Proposals for Comprehensive Fee Study
5 Item 1.
3. Authorize City Manager to sign the Agreement with Community Tree Service for the work to be performed for the Cal Fire Grant.
A motion was made by Council Member Ragsdale-Cronin, seconded by Council Member Hallock to approve the Consent Agenda as presented.
Motion passed unanimously 4-0
PUBLIC COMMENT:
None
NEW BUSINESS:
A. Approval of the FY 2022-23 City Audit Report
Paul Phan of Chavon and Associates presents the Audit Report and takes questions and comments from the City Council.
PUBLIC COMMENT:
Helen Birdsong: Is the 17 acres up for sale?
City Manager Guertin: Parks District.
Public Comment Closed
A motion was made by Council Member Hallock, seconded by Council Member Ragsdale-Cronin to approve the 2022-23 Audit Report as presented.
Motion passed unanimously 4-0
B. Appeal of Building Official Determination Regarding Square Footage Calculations at 121 Calle Del Oaks
Vice Mayor Uy: Reviews the appeal process and explains the timing allowed for the parties involved.
Council Member Hallock: Recuses himself based on the construction work he does in the community.
The appellant took 15 minutes to review why they appeal the Building Officials findings.
Anthoney Lombardo: Mezzanine was constructed legally, received water district approval already,
Vince Venaldi: Introduces business partners. Owners of the building for 4.2 million. Paying taxes on 11,620 square footage which includes the mezzanine. Not increasing water usage. Mc Donald was the original owner. Missing this and that from copies from the building department.
Spent over 50 grand in legal bills so far. Since he is losing money and is going to fight it. 6 Item 1.
The Building Official for the City, Joe Headley, took 15 minutes to explain the findings that lead to the decision for this project. Showed slide show regarding the process and evidence for the findings. Further reviews of the documents in detail.
Public comment:
Mike Obrien: Why aren’t we helping this business?
Helen Birdsong: Why the permit, it’s like for like.
Justin Hastings: Seaside Fire Fighter has been on inspections in that building, no issues.
Jeff Davi: Always used mezzanine for storage, want to help this state-of-the-art car place open.
Gary Kreeger: Let’s move forward and support business.
Public Comment Closed.
5 minute rebuttal by the appellant:
Vince Venaldi: Joe isn’t relaying on records that they have. They deserve due process.
Anthoney Lomardo: Legal since 1978, letters to proof it. The district recognizes the square feet.
5 minute rebuttal by the Building Official for the City:
Joe Headley: Trying to enforce the rules of the city and water district. The mentioned stairs were in a different structure. He asks who will sign the permit because he can’t sign it.
Council Member Ragsdale-Cronin: How did we get here, we haven’t been shown plans or permits and neither has appellant. Issue with additional square footage and water.
Dave Stoldt: This is more of a time related problem. Always been 11,200 square feet.
Joe Headley: No permits for the 11,200.
Council Member Shirley: Didn’t get enough information ahead of time.
Joe Headley: Explains AHJ stands for Authority Having Jurisdiction. And reviews MetroScan methodology, is not exact. There are exiting implications.
Vice Mayor Uy: The impact if appeal is granted. They have paid for square feet since 1978.
Looked up the meaning of mezzanine.
City Attorney Lorca: Explains how to come to a decision of facts and findings.
Council Member Shirley: Torn by this decision. Paying taxes legally but understands Joe’s position.
Council Member Ragsdale-Cronin: City side of this is weak.
City Manager Guertin: There are plans.
Vice Mayor Uy: Research needed, more time to consider both sides.
A motion was made by Council Member Ragsdale-Cronin, seconded by Vice Mayor Uy to continue public hearing until the March meeting.
Motion passed unanimously 3-0
PUBLIC COMMENT:
None
7 Item 1.
City Manager Guertin: Positive Housing Element letter from HCD.
Council Member Hallock returned to the dais.
NEXT MEETING DATE: Tuesday, February 27, 2024 at 6:00pm ADJOURNMENT and a moment of silence for Former Mayor Joseph Russell 8:25pm Attest: Date:
------------------------------------------ ------------------------------------------------- 8 Item 1.
City of Del Rey Oaks
City Hall
650 Canyon Del Rey Blvd
Del Rey Oaks, CA 93940
Action Minutes
Wednesday, December 13, 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
9 Item 2.
6:00PM – Called to Order:
The meeting was called to order by Chair Hayworth.
Roll Call:
Present: Chair Hayworth, Vice Chair Wood, Commissioner Jaksha, Commissioner Goetzelt, Commissioner Kreeger, Commissioner Pinet
Absent: Commissioner Ahmadi
Staff Present:
City Manager Guertin, City Clerk Minami and Admin. Assistant Leigh Fitz Pledge of Allegiance:
Chair Hayworth led the Pledge of Allegiance.
Consent Agenda:
A. Adopt November 8, 2023, Planning Commission Meeting
Minutes
A motion to approve was made by Commissioner Goetzelt and seconded by Commissioner Pinet. Minutes were approved 6-0
Public Comment:
None
Reports:
The November Building Activity Report was accepted unanimously.
Old Business:
None
New Business:
The Planning Commission received comments from the public and consider adopting a Resolution recommending that the Del Rey Oaks City Council amend the Del Rey Oaks General Plan by Adopting the 6th Cycle (2023-2031) Draft Housing Element.
Planner Denise Duffy: Staff report details changes made to the Housing Element based on public comment, HCD recommended changes and feedback from City Council, Planning Commission and public workshops.
All changes have been detailed in the Staff Report. Advised the Planning Commission recommend City Council to amend the General Plan by adopting the 6
th Cycle Housing Element.
10 Item 2.
Commissioner Goetzelt makes Motion to Approve Resolution 2023-21, recommendation from the Planning Commission that the City Council approve the adoption of the City’s 2023-2031 6th Cycle Housing Element Update and direction to staff to submit the Housing Element to HCD for review.
Commissioner Pinet seconds the motion.
Passes 6-0 (Commissioner Ahmadi absent)
Public Comment:
None
Announcements:
Commissioner Wood: there is another movie night on December 29th featuring Elf in the DRO Park
Commissioner Kreeger: thanks everyone involved in the Santa’s Workshop event, says it was the best one ever.
Commissioners Pinet, Goetzelt and Jaksha appreciate all the decorations and wish everyone happy holidays.
Next Meeting:
Wednesday, January 10, 2024 at 6pm
Adjournment:
6:10pm
All enclosures and materials regarding this agenda are available for public review at Del Rey Oaks City Hall. Information distributed to the Planning Commission at the meeting becomes part of the public Record. A copy of written material, pictures, etc. should be provided to the Secretary for this purpose.
11 Item 2.
Staff Report
DATE: February 27, 2024
TO: Honorable Mayor and Members of the City Council
FROM: John Guertin, City Manager
SUBJECT: Approve January 2024 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 January 2024.
Background
The City Council routinely receives financial reports for the previous month.
Summary & Discussion
Attached are the January 2024 financial reports.
• January 2024 Cash Balances – The report shows where the City’s funds are invested. The City continue to have a healthy cash balance $13,283,543 of which $4,609,544 are unrestricted.
• January 2024 Checks Issued Register –This is a listing of all the payments issued during the month. The total checks issued of $415,925.
• January 2024 General Fund Summary – This is a one-page summary of the General Fund, the City’s main operating fund. For the month of January, the General Fund shows revenue of $373,358. As of 01/31/2024 the General Fund shows an operating deficit of $158,976. At
58.33% of the year (7 months) the revenues are slightly higher at 64.89% due to the receipt of Property Taxes in December and the expenditures are at 55.14% of the budget. The fire contract with the City of Seaside is paid this month. The final payment of the liability and workers comp premiums are also paid in January.
• January 2024 YTD Budget v. Actual Detail – This report shows the line-item detail for all revenues and expenditures by fund and department.
12 Item 1.
Fiscal Impacts
None. This is informational only.
Recommendation
Staff recommends approve the reports.
ATTACHMENTS:
• January 2024 Cash and Investment
• January 2024 Checks Register
• January 2024 General Fund Summary
• January 2024 YTD Budget v. Actual Detail
Respectfully Submitted,
_______________________________
John Guertin
City Manager
13 Item 1.
Accounts
Unrestricted
General Checking $ 687,340.00
Local Agency Investment Fund
Reserve for Economic Uncertainties 1,652,182.00 4.012%
Unappropriated Funds 2,270,021.64 4.012%
Total Unrestricted 4,609,543.64
Restricted
PARS-115 Trust Fund 338,955.96
Dev - Monterey Peninsula Partner 9,062.62
Fidelity Title Escrow Acct - GJM/SBR Intersection 1,056,168.00 Fidelity Title Escrow Acct - SBR Construction 7,269,813.00 Total Restricted 8,673,999.58
Total Cash and Investments $ 13,283,543.22
City of Del Rey Oaks
Summary of Cash & Investments
As of January 31, 2024
14 Item 1.
Check Number Payee Transaction Description Check Amount 21803 AMERICAN LOCK & KEY #79159 - Supply, Entry & New Key for Medialian Drop Off Box in Lobby 303.70 21804 AT&T CAL NET 2 000020990219 Mobile Service 11-19-23 to 12-18-23 129.45 AT&T CAL NET 2 000020990220 Mobile Service 11-19-23 to 12-18-23 267.30 21805 AT&T MOBIILITY Acct #287304221758 Mobile Service Period 12-03-23 to 01-02-24 40.24 21806 CALIFORNIA-AMERICAN WATER #1015-210021396208 Water Service - 11-18-23 to 12-20-23 43.01 CALIFORNIA-AMERICAN WATER #1015-210021397607 Water Service 11-18-23 to 12-20-23 116.08 CALIFORNIA-AMERICAN WATER 1015-210018796550 Water Service 11-18-23 to 12-20-23 38.97 CALIFORNIA-AMERICAN WATER 1015-210018799016 Water Service 11-18-23 to 12-20-23 38.97 CALIFORNIA-AMERICAN WATER 1015-210018869991 Water Service 11-18-23 to 12-20-23 243.36 CALIFORNIA-AMERICAN WATER 1015-210021255352 Water Service 11-18-23 to 12-19-23 70.15 CALIFORNIA-AMERICAN WATER 1015-210021327653 Water Service 11-18-23 to 12-20-23 139.49 21807 CITY OF SEASIDE INV03167 Street Sweeping Services July 2023 to November 2023 4,215.60 21808 COMCAST BUSINESS Acct 8155100230699260 Internet Service 12-18-23 to 01-17-24 285.29 21809 CORONADO DEISEL MOBILE SERVICES, INC. Inv #011242 Service Call - Lube Job, Safety Inspection 378.63 21810 ECONOMIC&PLANNING SYSTEMS, INC. #222079-5 Planning Services - Ford Ord Developer & Negotiations 5,643.75 21811 Express Services, Inc 30029871 Admin Assistant for 12/03/23 396.00 Express Services, Inc 30064624 Admin Assistant for 12/10/23 249.15 Express Services, Inc 30091109 Admin Assistant for 12/17/23 198.00 21812 FENTON & KELLER #136214 - November 2023 - Legal Services 366.00 FENTON & KELLER 136213 - November 2023 - Housing Element Update 335.50 FENTON & KELLER 136215 - November 2023 Legal Services 1,708.00 FENTON & KELLER 136216 November 2023 - Legal Services 3,519.00 21813 I.M.P.A.C.GOVERNM'T SER Acct #5564-9924 Visa Charges 12-06-23 to 12-22-23 5,896.66 21814 JAMES DE CHALK 374816 - December 2023 - Janitorial Service 500.00 21815 MARTINS IRRIGATION SUPPLY, INC. #646507 - Supplies 614.85 21816 MONTEREY BAY AREA INSURANCE FUND Inv #240101-02 FY 2024 Work Comp & Liability Insurance 192,313.00 21817 Motorola Solutions, INC. Trans #1411044808 11-11-23 InCar System w/ Body Camera 21,319.32 21818 ODP Business Solutions, LLC 3426579220010 - Office Supplies 107.86 ODP Business Solutions, LLC 345647431001 - Supplies 88.41 21819 PG&E Acct #6817283169-2 Service Period 11-11-23 to 12-12-23 6.24 21820 PRECISION ALARMS AND AUTOMATION, INC. R-30411 - December 2023 - Fire Alarms System Monitoring 170.00 21821 REGIONAL GOVERNMENT SERIVCES Inv #15996 - November 2023 - Contract Services 13,912.92 21822 R.K. WILSON PLUMBING, INC. #4415 - Plumbing Repair 250.00 R.K. WILSON PLUMBING, INC. Inv #4408 - Plumbing Repairs 4,500.00 21823 SMITH & ENRIGHT LANDSCAPING, INC. 43102 - Moved Backflow 3,483.00 21824 Stericycle, Inc. 8005541874 - November 2023 Shredding Service 175.91 21825 T-Mobile USA Inc. Law Enforcement Finance 9544756256 - GPS Locate/ Timing Advance - 08-11-23 to 09-05-23 25.00 T-Mobile USA Inc. Law Enforcement Finance 9547246122 - GPS Tracking - 09-26-23 to 10-25-23 100.00 21826 UNITED SITE SERVICES, INC. INV-4056226 - December2023 Services 215.81 21827 US Bank Equipment Finance Acct #500-0673430 January 2023 - Konica Minolta 428.84 21828 VALLEY SAW & GARDEN EQUIP, INC. Inv #357569 - Supplies 128.85 21829 Verizon Acct #342533778-00001 Mobile Service 11-24-23 to 12-23-23 80.02 21830 VSP Acct #30004100 - January 2024 - Vision Plan 261.27 21831 YSS BUILDERS, INC. Inv #231232 - Service Call to Park Restrooms 12/20/2023 2,572.00 21832 AFLAC December 2023 - Acct #QAE62 Monthly Premium 381.70 21833 ANDRES FLORES 460764 - Labor and Materials for Exterior Light repair 395.00 21834 ANGEL ARMOR SO8792 - Body Armor Vests, 12,142.15
21835 AT&T CAL NET 2 Acct #9391033790 Mobile Service Period 12-19-23 to 01-18-24 128.86 AT&T CAL NET 2 Acct #9391033791 Mobile Service Period 12-19-23 to 01-18-24 267.76 AT&T CAL NET 2 Acct #9391081967 - Mobile Service Period 11-14-23 to 01-14-24 1,677.48 21836 AT&T MOBIILITY Acct #287290891231 Mobile Service Period 01-03-24 to 02-02-24 614.17 AT&T MOBIILITY Acct #287304221758 - Mobile Service Period 01-03-24 to 02-02-24 40.24 21837 BLUE360 MEDIA Acct #B201808067724 - California Penal Code Handbook 245.31 BLUE360 MEDIA Acct #B201808067724 - California Vehicle Code Book 195.59 21838 CALIFORNIA BUILDING STANDARDS COMMISSION California Building Standards Fee - Period 10-01-23 to 12-31-23 36.45 21839 Christina Luciano Park Rental Refund - Cancelled Reservation 50.00 21840 CITY OF SEASIDE Inv03394 - FY 23/24 2nd Qtr Fire Contract 56,878.75 21841 CoPower ID# 145153 - February 2024 Dental Coverage 2,177.32 21842 COMCAST BUSINESS Acct #8155100230699260 Internet Service Period 01-18-24 to 02-17-24 295.45 COMCAST BUSINESS Acct #8155100280008479 - Interenet Service Period 01-10-24 to 02-09-24 368.13 21843 CORELOGIC SOLUTIONS, LLC. Acct #2010705640RR681524 - December 2023 Data Research 154.50 21844 CORONADO DEISEL MOBILE SERVICES, INC. #011274 - #91 Ford Explorer - Service Call 1,278.02 CORONADO DEISEL MOBILE SERVICES, INC. 011270 - #92 Ford Service Call 345.92 City of Del Rey Oaks
Check/Voucher Register
From 01/01/2024 Through 01/31/2024
15 Item 1.
Check Number Payee Transaction Description Check Amount City of Del Rey Oaks
Check/Voucher Register
From 01/01/2024 Through 01/31/2024
CORONADO DEISEL MOBILE SERVICES, INC. 011285 - Service Call 331.37 21845 DEPT OF CONSERVATION DOC-123123 SMIP FEES FY 23/24 2nd Qtr 30.24 21846 ECONOMIC&PLANNING SYSTEMS, INC. Project 222079 Planning Services 09-01-23 to 12-31-23 5,643.75 21847 ENTENMANN-ROVIN CO. 0173766-IN -Replace check# 21371-correcting amount 168.15 21848 FENTON & KELLER 136650 - December 2023 City Attorney General Services 2,470.50 FENTON & KELLER 136651 - December 2023 Public Records Act Requests 457.50 FENTON & KELLER 136652 - December 2023 Professional Legal Services 122.00 FENTON & KELLER 136653 - December 2023 Housing Element Update 91.50 21849 GLOBALSTAR USA Acct #AC00115154 Wireless Service Period 12-16-23 to 01-15-24 133.37 21850 G.P.S. SOLUTIONS 76 - December 2023 Building Permits & Inspections 5,203.41 21851 MARTINS IRRIGATION SUPPLY, INC. 646958 - Supplies 89.16 21852 KAREN MINAMI Wellness Program 137.46
21853 MONTEREY BAY TECHNOLOGIES, INC. 246010 - January 2024 IT Services 1,800.00 MONTEREY BAY TECHNOLOGIES, INC. 246013 - Office Supplies 408.20 21854 Monterey Regional Waste Managment District 02SB13832223F - FY 22/23 Remaining Balance: Share of Cost CA SB 1383 1,626.00 21855 MONTEREY TIRE SERVICE 1-116242 - Flat Tire Repair 29.37 21856 Napa Auto Parts 4006-033276 - Auto Parts 49.14
21857 NEILL ENGINEERS CORP Retainer - Period 10-01-23 to 12-31-23 300.00 NEILL ENGINEERS CORP WO 8480 - Cal Fire Grant-review application & bids 4,458.00 21858 ODP Business Solutions, LLC 348805289001 - Office Supplies 52.13 21859 PG&E Acct #4283033409-2 Service Period 11-21-23 to 12-20-23 2,276.63 PG&E Acct #6817283169-2 Service Period 12-13-23 to 01-10-24 70.34 21860 PURE WATER 427146 - Office Supplies 34.75
21861 REGIONAL GOVERNMENT SERIVCES 16121 - December 2023 Accounting Services 21,457.40 21862 Stericycle, Inc. #8005843288 - December 2023 Shredding Service 174.64 21863 TERMINIX, INC. Acct #6099531 - December 2023 Pest Control Service 102.00 21864 THE MAYNARD GROUP, INC. IN2041974 - December 2023 Telephone Service 67.00 PERS010823-1 PERS PERS 3100 Contribution Retirement 12/16-12/29/23 -Plan 25623 3,746.14 PERS PERS 3100 Contribution Retirement 12/16-12/29/23 -Plan 26934 801.80 PERS PERS 3100 Contribution Retirement 12/26-12/29/23 -Plan 1364 549.68 PERS PERS 3100 Contribution Retirment 12/16-12/29/23 -Plan 1365 4,619.38 PERS012224-1 PERS CalPERS 1900 457 (01/05/24) Contribution 01/15/2024 2,050.00 PERS CalPERS 1900 457 (01/19) Contribution 01/30/2024 2,550.00 PERS PERS 3100 Contribution Retirement 12/30-01/12/24 -Plan 1364 542.46 PERS PERS 3100 Contribution Retirement 12/30-01/12/24 -Plan 25623 3,916.14 PERS PERS 3100 Contribution Retirement 12/30-01/12/24 -Plan 26934 1,462.62 PERS PERS 3100 Contribution Retirment 12/30-01/12/24 -Plan 1365 4,353.99 Report Total 415,924.62
16 Item 1.
City of Del Rey Oaks
Statement of Revenues and Expenditures-General Fund Summary 100 - General Fund
From 1/1/2024 Through 1/31/2024
Revised
FY 2024 Budget -
January 2024 Actual Actual
FY 2024 YTD
Collected/Spent
Percent
Revenue
Property Taxes 767,700.00 0.00 455,472.24 59.32%
Sales Tax 1,313,000.00 99,627.66 819,278.53 62.39%
Other Taxes 487,500.00 93,546.37 354,734.38 72.76%
Licenses and Permits 286,300.00 7,881.50 254,735.70 88.97% Fines and Forfeitures 10,200.00 1,395.93 9,875.83 96.82% Other Revenue 12,200.00 39,055.91 121,106.26 992.67%
Grants 264,520.00 9,914.58 218,531.11 82.61%
Airport Police Services 1,376,500.00 110,457.00 662,742.00 48.14% Current Services 186,700.00 11,479.37 156,488.77 83.81% Total Revenue 4,704,620.00 373,358.32 3,052,964.82 64.89% Expenditures
Council 32,200.00 2,112.42 11,160.15 34.65%
City Clerk 443,900.00 30,862.03 229,130.73 51.61%
City Manager 318,300.00 34,731.88 184,087.21 57.83%
Audit/Treasurer 288,100.00 39,828.32 174,561.33 60.59%
Legal 201,500.00 9,070.00 50,444.88 25.03%
Planning & Building
Regulation
105,400.00 17,697.55 71,866.05 68.18%
Government Buildings 19,100.00 494.01 2,254.01 11.80%
Non-Departmental 42,700.00 27,801.01 50,011.77 117.12%
Police 2,668,790.00 280,457.21 1,529,593.72 57.31%
Fire/Animal Control 227,600.00 56,878.75 113,757.50 49.98% Public Works/Streets 313,530.00 20,689.51 149,800.46 47.77% Parks/Recreation 43,500.00 11,711.85 27,603.24 63.45%
Total Expenditures 4,704,620.00 532,334.54 2,594,271.05 55.14% Net Revenues 0.00 (158,976.22) 458,693.77 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) (158,976.22) 458,693.77 (236.56)%
17 Item 1.
City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 100 - General Fund
From 1/1/2024 Through 1/31/2024
Revised
FY 2024 Budget -
Actual
January 2024
Actual
FY 2024 YTD
Collected/Used
Percent
Revenue
Non Department Specific 000
P/T-Secured 41110 531,000.00 0.00 313,327.40 59.00%
P/T-Unsecured 41120 24,500.00 0.00 26,962.16 110.04%
P/T-Prior Secured 41130 6,100.00 0.00 6,028.38 98.82%
Prior Unsecured 41140 100.00 0.00 0.00 0.00%
P/T-Unitary Tax 41150 10,000.00 0.00 5,981.99 59.81%
P/T-Supplemental Roll (SB813) 41160 12,200.00 0.00 7,379.20 60.48% Property Tax - VLF 41170 183,000.00 0.00 95,158.50 51.99% Prop Tax-Interest/Penalty 41180 800.00 0.00 634.61 79.32% Sales Tax 42210 470,000.00 22,541.96 267,481.91 56.91%
Sales Tax - 145 (Measure
S-1%)
42220 562,000.00 77,085.70 393,146.62 69.95%
Sales Tax -409 (Measure R
1/2%)
42221 281,000.00 0.00 158,650.00 56.45%
Cannabis Tax 42222 99,000.00 7,667.88 76,116.32 76.88%
Cannabis Tax-Delinquent 42223 0.00 0.00 4,000.00 0.00%
Transient Occupancy Tax 42230 190,000.00 38,277.65 154,952.69 81.55% Property Transfer Tax 42250 5,000.00 552.75 8,677.08 173.54% Sewer Impact 42290 15,000.00 21,650.14 21,650.14 144.33% Business Licenses 42310 210,000.00 296.00 211,957.04 100.93% 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 25,397.95 76,885.13 76.88% Cable Tv Franchises 42764 26,000.00 0.00 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 4.00 414.00 41.40% SB1473 Environmental
Assessment Fee
43312 100.00 16.00 71.80 71.80%
Building Permits 43320 40,000.00 6,944.50 24,941.82 62.35% Cannabis Business Permit 43325 10,000.00 0.00 0.00 0.00% Plan Check Fees 43330 17,000.00 0.00 12,690.04 74.64%
Street Opening Permits Fees 43340 5,000.00 250.00 3,200.00 64.00% Plumbing Permits 43350 1,600.00 250.00 1,375.00 85.93%
Electrical Permits 43360 1,600.00 125.00 500.00 31.25%
Other Licenses/Permits 43390 1,000.00 0.00 0.00 0.00%
Fines & Forfeitures 45000 200.00 161.93 1,451.83 725.91% Vehicle Code Fines 45510 5,000.00 300.00 1,464.00 29.28% Parking and Admin Fines 45512 5,000.00 934.00 6,960.00 139.20% Interest Earned 46100 10,000.00 39,011.15 103,695.91 1,036.95% Interest Earned-PARS 46101 0.00 0.00 16,027.93 0.00%
Rental Income - Garden Center 46815 36,000.00 3,000.00 23,000.00 63.88% Rental Income - Airport RV 46816 35,000.00 4,092.00 27,409.47 78.31% Rental Income - PW Bldg (CHC
Enterprise)
46817 24,000.00 0.00 8,000.00 33.33%
HOPTR 47130 1,200.00 0.00 309.19 25.76%
COPS 47240 165,200.00 8,333.33 144,492.31 87.46%
AMBAG REAP Grant - Housing
Element
47241 0.00 0.00 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 4,957.78 55.08% Prop 172 47750 25,000.00 1,461.25 10,737.62 42.95%
18 Item 1.
City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 100 - General Fund
From 1/1/2024 Through 1/31/2024
Revised
FY 2024 Budget -
Actual
January 2024
Actual
FY 2024 YTD
Collected/Used
Percent
Wellness Program 47760 7,500.00 0.00 7,500.00 100.00%
Police Grants & Other
Reimbursements
47780 5,000.00 0.00 5,982.87 119.65%
POST Reimbursements 47781 3,000.00 120.00 5,653.78 188.45% 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 1,000.00 300.00 907.00 90.70% Police Services-Special Events 48211 48,000.00 0.00 17,687.50 36.84% Public Events 48212 5,000.00 0.00 7,500.00 150.00%
Use Permits 48805 20,000.00 1,655.00 16,740.89 83.70%
Maps/Publications 48810 100.00 0.00 0.00 0.00%
Property Inspections 48825 4,500.00 250.00 1,250.00 27.77% Miscellaneous Revenue 48840 10,000.00 1,132.37 50,594.69 505.94% Rental - Park 48910 3,100.00 1,050.00 3,399.22 109.65%
Miscellaneous Refunds 48930 0.00 40.76 659.23 0.00%
Total Non Department Specific 3,328,120.00 262,901.32 2,390,222.82 71.82% Police 210
Airport Police Services 48220 1,376,500.00 110,457.00 662,742.00 48.14% Total Police 1,376,500.00 110,457.00 662,742.00 48.15%
Total Revenue 4,704,620.00 373,358.32 3,052,964.82 64.89% Expense
Council 110
Council Member Stipend 61115 7,500.00 625.00 2,647.31 35.29% Medicare-ER 61130 200.00 9.06 63.42 31.71%
Social Security-ER 61131 500.00 38.75 271.25 54.25%
Unemployment Ins-Fed & State 61132 100.00 3.75 26.25 26.25% Dental Expense 61135 11,400.00 511.03 2,929.66 25.69%
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%
Misc Expenses 64580 0.00 924.83 924.83 0.00%
Travel Expenses 64610 3,500.00 0.00 3,857.08 110.20%
Total Council 32,200.00 2,112.42 11,160.15 34.66%
City Clerk 111
Payroll 61105 149,600.00 11,391.15 80,613.29 53.88%
Temp Payroll 61107 10,000.00 0.00 0.00 0.00%
Overtime 61110 20,000.00 443.63 3,209.35 16.04%
PERS UAL 61124 36,900.00 0.00 36,879.00 99.94%
PERS Retirement 61125 13,800.00 958.55 6,833.37 49.51%
Medicare-ER 61130 2,200.00 171.61 1,209.96 54.99%
Unemployment Ins-Fed & State 61132 200.00 66.49 66.49 33.24% Dental Expense 61135 3,200.00 190.76 1,335.32 41.72%
Health Insurance 61140 60,500.00 (36.42) 21,941.07 36.26% Health Insurance -Retiree 61141 1,800.00 0.00 0.00 0.00% Vision Ins 61145 500.00 27.89 183.85 36.77%
Workers Comp and EAP 61150 9,100.00 4,493.00 9,337.48 102.60% Wellness Program 61155 1,000.00 137.46 1,108.66 110.86% Materials/Supply 62410 16,300.00 64.75 1,998.05 12.25%
Office Supplies 62430 11,200.00 374.86 2,812.95 25.11%
Repair/Maintenance 63505 3,000.00 0.00 597.23 19.90%
Other Outside Services 63508 0.00 428.84 2,770.25 0.00% 19 Item 1.
City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 100 - General Fund
From 1/1/2024 Through 1/31/2024
Revised
FY 2024 Budget -
Actual
January 2024
Actual
FY 2024 YTD
Collected/Used
Percent
Shredding Services 63509 1,000.00 175.28 531.00 53.10%
Telephone 63530 7,700.00 430.71 4,273.85 55.50%
Website Design & Maintenance 63535 3,800.00 0.00 0.00 0.00% 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 8,685.00 17,369.57 99.99% Insurance-Property 63621 230.00 0.00 1,264.14 549.62%
Contract Services - IT 63635 6,000.00 900.00 8,693.75 144.89% HR Services-RGS 63652 31,500.00 0.00 0.00 0.00%
Temporary Assistance 63657 0.00 843.15 6,514.20 0.00%
Software/Server Subscription 64310 2,000.00 190.49 6,812.01 340.60% 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 0.00 1,233.38 61.66% Misc Expenses 64580 0.00 924.83 924.83 0.00%
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 30,862.03 229,130.73 51.62% City Manager 120
Payroll 61105 192,500.00 12,439.04 111,727.77 58.04%
PERS UAL 61124 1,000.00 0.00 0.00 0.00%
PERS Retirement 61125 14,800.00 319.84 5,270.85 35.61%
Medicare-ER 61130 2,800.00 225.46 1,664.10 59.43%
Unemployment Ins-Fed & State 61132 100.00 42.00 42.00 42.00% Dental Expense 61135 1,600.00 193.29 1,353.03 84.56%
Health Insurance 61140 30,200.00 0.00 18,721.86 61.99%
Vision Ins 61145 200.00 0.00 118.40 59.20%
Workers Comp and EAP 61150 11,700.00 5,777.00 11,802.74 100.87% Wellness Program 61155 500.00 0.00 0.00 0.00%
Admin Leave 61175 0.00 3,109.76 3,109.76 0.00%
Auto Allowance 61180 5,400.00 415.40 2,907.76 53.84%
Office Supplies 62430 1,500.00 0.00 641.31 42.75%
Insurance-Liability 63620 22,405.00 11,201.00 22,402.12 99.98% 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 1,009.09 2,396.27 29.95% Contingency 66905 25,000.00 0.00 0.00 0.00%
Total City Manager 318,300.00 34,731.88 184,087.21 57.83% Audit/Treasurer 130
ADP Payroll Fees 62310 3,500.00 0.00 3,783.83 108.10%
Bank Service Charges 62320 4,600.00 0.00 2,910.33 63.26% Grant Writing Services 62327 30,000.00 4,458.00 4,458.00 14.86% 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%
20 Item 1.
City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 100 - General Fund
From 1/1/2024 Through 1/31/2024
Revised
FY 2024 Budget -
Actual
January 2024
Actual
FY 2024 YTD
Collected/Used
Percent
Accounting Services-RGS 63645 207,900.00 35,370.32 137,965.42 66.36% Total Audit/Treasurer 288,100.00 39,828.32 174,561.33 60.59% Legal 150
Legal Services 63650 200,000.00 9,070.00 48,150.83 24.07% Legal Advert 64560 1,500.00 0.00 1,834.11 122.27%
Misc Expenses 64580 0.00 0.00 459.94 0.00%
Total Legal 201,500.00 9,070.00 50,444.88 25.03%
Planning & Building Regulation 160
Economic Development
Services
63639 20,000.00 0.00 0.00 0.00%
Planning Services 63640 40,000.00 11,287.50 21,087.50 52.71% Contract Services - Housing
Element
63642 0.00 0.00 16,735.15 0.00%
Building Inspections Services 63648 32,400.00 5,203.41 25,333.09 78.18% Engineering Services 63649 5,000.00 300.00 3,929.25 78.58% Code Enforcement Services 63656 5,000.00 0.00 954.50 19.09% Travel Expenses 64610 3,000.00 906.64 3,826.56 127.55%
Total Planning & Building
Regulation
105,400.00 17,697.55 71,866.05 68.18%
Government Buildings 180
Repair/Maintenance 63505 16,100.00 142.01 346.01 2.14%
Other Outside Services 63508 0.00 102.00 408.00 0.00%
Janitorial Services 63660 3,000.00 250.00 1,500.00 50.00% Total Government Buildings 19,100.00 494.01 2,254.01 11.80% Non-Departmental 190
Materials/Supply 62410 6,200.00 0.00 65.24 1.05%
Telephone 63530 1,000.00 0.00 123.32 12.33%
Insurance-Liability 63620 12,830.00 6,415.00 12,829.74 99.99% 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 21,319.32 21,592.49 2,159.24% S.M.I.P. 64930 200.00 30.24 49.23 24.61%
SB 1473 64940 100.00 36.45 65.72 65.72%
Total Non-Departmental 42,700.00 27,801.01 50,011.77 117.12% Police 210
Payroll 61105 1,081,000.00 79,757.44 528,773.27 48.91%
Overtime 61110 110,000.00 7,604.37 83,763.34 76.14%
Overtime-DEA 61111 44,000.00 0.00 12,541.72 28.50%
Reserves Payroll 61120 80,000.00 6,276.16 52,065.45 65.08% 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 10,099.59 74,593.13 54.64% PERS 457 Expense 61126 32,400.00 2,400.00 17,100.00 52.77% Medicare-ER 61130 15,700.00 1,355.82 9,822.27 62.56%
Social Security-ER 61131 1,600.00 50.85 751.27 46.95%
Unemployment Ins-Fed & State 61132 10,500.00 415.67 523.22 4.98% Dental Expense 61135 17,900.00 1,155.26 8,754.37 48.90% Health Insurance 61140 296,400.00 (345.28) 111,582.48 37.64% 21 Item 1.
City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 100 - General Fund
From 1/1/2024 Through 1/31/2024
Revised
FY 2024 Budget -
Actual
January 2024
Actual
FY 2024 YTD
Collected/Used
Percent
Health Insurance -Retiree 61141 2,000.00 0.00 906.00 45.30% Vision Ins 61145 2,900.00 216.87 1,411.07 48.65%
Workers Comp and EAP 61150 172,400.00 85,129.00 173,311.44 100.52% 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%
Materials/Supply 62410 28,670.00 819.64 6,388.93 22.28% Ammunition 62420 5,000.00 0.00 3,905.89 78.11%
Body Armor Vests 62422 12,150.00 12,142.15 12,142.15 99.93% Office Supplies 62430 3,000.00 240.93 1,601.41 53.38%
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 Operations - Supplies /
Equip
62710 2,500.00 0.00 0.00 0.00%
Auto Operations - Fuel 62720 30,000.00 0.00 18,297.46 60.99% Repair/Maintenance 63505 14,000.00 125.00 605.00 4.32%
Other Outside Services 63508 0.00 170.00 2,671.16 0.00% Shredding Services 63509 1,000.00 175.27 531.00 53.10%
Telephone 63530 14,000.00 2,974.94 9,843.28 70.30%
Internet 63531 2,500.00 948.87 4,593.89 183.75%
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 0.00 68.43 13.68%
Training 63605 15,000.00 323.10 3,291.75 21.94%
Insurance-Liability 63620 125,435.00 62,716.00 143,389.30 114.31% 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 8,381.25 139.68% Contract Services-Others 63637 4,200.00 0.00 2,791.05 66.45% HR Services-RGS 63652 3,000.00 0.00 0.00 0.00%
Janitorial Services 63660 3,000.00 250.00 1,500.00 50.00% 911-Radio Dispatch 63665 58,500.00 0.00 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 0.00 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 2,412.45 11,018.35 78.70% Parking & Admin Citations
Services
63812 5,000.00 757.40 4,157.00 83.14%
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 19.98 12,860.03 107.16% 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 4,000.00 245.31 4,946.51 123.66%
Books and Periodicals 64565 900.00 195.59 195.59 21.73% 22 Item 1.
City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 100 - General Fund
From 1/1/2024 Through 1/31/2024
Revised
FY 2024 Budget -
Actual
January 2024
Actual
FY 2024 YTD
Collected/Used
Percent
Printing / Publications 64575 3,000.00 0.00 1,079.21 35.97% Misc Expenses 64580 0.00 924.83 924.83 0.00%
Travel Expenses 64610 13,000.00 0.00 5,454.79 41.95%
Principal-Motorola
Lease-Cameras
65104 21,350.00 0.00 21,319.32 99.85%
Vehicle Replacement 66735 70,000.00 0.00 0.00 0.00%
Total Police 2,668,790.00 280,457.21 1,529,593.72 57.31% Fire/Animal Control 220
Fire Seaside 63810 227,600.00 56,878.75 113,757.50 49.98% Total Fire/Animal Control 227,600.00 56,878.75 113,757.50 49.98% Public Works/Streets 311
Payroll 61105 83,600.00 6,428.80 45,075.13 53.91%
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 6,500.00 493.74 3,684.88 56.69%
Medicare-ER 61130 1,300.00 93.22 652.54 50.19%
Unemployment Ins-Fed & State 61132 100.00 38.58 38.58 38.58% Dental Expense 61135 1,600.00 126.98 888.86 55.55%
Health Insurance 61140 30,300.00 0.00 14,401.44 47.52%
Vision Ins 61145 300.00 16.51 115.57 38.52%
Workers Comp and EAP 61150 5,200.00 2,568.00 5,317.74 102.26% Wellness Program 61155 500.00 0.00 576.93 115.38%
Materials/Supply 62410 16,500.00 439.57 3,412.40 20.68% Office Supplies 62430 1,500.00 37.66 438.62 29.24%
Auto Operations - Supplies /
Equip
62710 2,500.00 0.00 645.97 25.83%
Auto Operations - Fuel 62720 5,000.00 0.00 2,852.31 57.04% Repair/Maintenance 63505 41,000.00 645.00 6,494.40 15.84% Other Outside Services 63508 0.00 0.00 440.00 0.00%
Gabilan Crew 63515 5,000.00 0.00 566.60 11.33%
Utilities - PG&E 63520 15,000.00 2,353.21 13,019.46 86.79% Utilities - Water 63525 4,000.00 453.00 3,267.02 81.67% Telephone 63530 0.00 40.24 246.35 0.00%
Training 63605 5,000.00 0.00 675.00 13.50%
Insurance-Liability 63620 10,660.00 5,329.00 10,658.17 99.98% 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 1,626.00 1,626.00 18.06% Auto Repair/Maintenance 63730 8,300.00 0.00 1,724.14 20.77% Printing / Publications 64575 1,250.00 0.00 770.86 61.66% Storm Water Project - Phase 4 64920 23,000.00 0.00 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 20,689.51 149,800.46 47.78% Parks/Recreation 411
Materials/Supply 62410 15,500.00 919.82 8,454.86 54.54% Office Supplies 62430 0.00 0.00 68.19 0.00%
Repair/Maintenance 63505 25,000.00 10,555.00 17,237.00 68.94% Utilities - Water 63525 3,000.00 237.03 1,773.34 59.11% Travel Expenses 64610 0.00 0.00 69.85 0.00%
Total Parks/Recreation 43,500.00 11,711.85 27,603.24 63.46% Total Expense 4,704,620.00 532,334.54 2,594,271.05 55.14% 23 Item 1.
City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 100 - General Fund
From 1/1/2024 Through 1/31/2024
Revised
FY 2024 Budget -
Actual
January 2024
Actual
FY 2024 YTD
Collected/Used
Percent
Other Financing Sources and Uses
Non Department Specific 000
Transfers Out to CIP 81003 (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) (158,976.22) 458,693.77 (236.56)%
24 Item 1.
City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 210 - Gas Tax Fund
From 1/1/2024 Through 1/31/2024
Revised
FY 2024 Budget -
Actual
January 2024
Actual
FY 2024 YTD
Collected/Used
Percent
Revenue
Non Department Specific 000
Gas Tax 2103 47010 14,600.00 989.39 9,031.17 61.85%
Gas Tax 2105 47020 10,000.00 719.87 5,570.69 55.70%
Gas Tax 2106 47030 9,000.00 682.78 5,196.05 57.73%
Gas Tax 2107 47040 11,900.00 1,008.04 7,733.01 64.98%
Gas Tax 2107.5 47050 1,000.00 0.00 1,000.00 100.00%
Total Non Department Specific 46,500.00 3,400.08 28,530.92 61.36% Total Revenue 46,500.00 3,400.08 28,530.92 61.36%
Expense
Public Works/Streets 311
Street Sweeping 63510 10,000.00 4,215.60 4,215.60 42.15% Street Lighting 63910 15,000.00 0.00 1,951.39 13.00%
Total Public Works/Streets 25,000.00 4,215.60 6,166.99 24.67% Total Expense 25,000.00 4,215.60 6,166.99 24.67%
Excess(Deficit) of Revenue Over
Expenditures
21,500.00 (815.52) 22,363.93 104.01%
25 Item 1.
City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 211 - SB1 Fund-RMRA
From 1/1/2024 Through 1/31/2024
Revised
FY 2024 Budget -
Actual
January 2024
Actual
FY 2024 YTD
Collected/Used
Percent
Revenue
Non Department Specific 000
SB 1 Funds 47777 38,900.00 2,844.28 22,108.15 56.83%
Total Non Department Specific 38,900.00 2,844.28 22,108.15 56.83% Total Revenue 38,900.00 2,844.28 22,108.15 56.83%
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) 2,844.28 8,913.15 (8.02)%
26 Item 1.
City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 212 - Measure X Fund
From 1/1/2024 Through 1/31/2024
Revised
FY 2024 Budget -
Actual
January 2024
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%
27 Item 1.
City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 221 - FORA Habitat Management Fund
From 1/1/2024 Through 1/31/2024
Revised
FY 2024 Budget -
Actual
January 2024
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%
28 Item 1.
City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 223 - ARPA Fund
From 1/1/2024 Through 1/31/2024
Revised
FY 2024 Budget -
Actual
January 2024
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%
29 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 1/1/2024 Through 1/31/2024
Revised
FY 2024 Budget -
Actual
January 2024
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%
30 Item 1.
City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 235 - Asset Forfeitures
From 1/1/2024 Through 1/31/2024
Revised
FY 2024 Budget -
Actual
January 2024
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%
31 Item 1.
City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 301 - Capital Projects
From 1/1/2024 Through 1/31/2024
Revised
FY 2024 Budget -
Actual
January 2024
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 82003 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 82003 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 82003 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 82003 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%
32 Item 1.
City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 321 - SBR Engineering Fund
From 1/1/2024 Through 1/31/2024
Revised
FY 2024 Budget -
Actual
January 2024
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%
33 Item 1.
City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 323 - SBR Construction Fund
From 1/1/2024 Through 1/31/2024
Revised
FY 2024 Budget -
Actual
January 2024
Actual
FY 2024 YTD
Collected/Used
Percent
Revenue
Non Department Specific 000
FORA Contribution for SBR
Construction
47772 0.00 0.00 1,000.00 0.00%
Total Non Department Specific 0.00 0.00 1,000.00 0.00%
Total Revenue 0.00 0.00 1,000.00 0.00%
Excess(Deficit) of Revenue Over
Expenditures
0.00 0.00 1,000.00 0.00%
34 Item 1.
35 Item 2.
36 Item 2.
37 Item 2.
38 Item 2.
1 City Council Report
Jan 2024
Case # Date Offense Code 1 Offense Code Description
DROMPADOJResidentialCommercial
Case # Date Offense Code 1
24-001 01/02/2024 AOD Outside assistant arrest X X
24-002 01/02/2024 Information Only
24-003 01/03/2024 Information Only
24-004 01/04/2024 245(A)(4) PC Assault with Deadly Weapon X X 24-005 01/08/2024 422(A) PC Criminal Threats X X
24-006 01/09/2024 311.1(A) PC Possession Of Obscene Material X X 24-007 01/11/2024 Information Only
24-008 01/11/2024 DROMC 6.04.020 Dog at large X X
24-009 01/11/2024 12500(A) VC No driver’s license X X
24-010 01/12/2024 Found Property
24-011 01/12/2024 Civil
24-012 01/18/2024 Susp Circ
24-013 01/19/2024 Information Only
24-014 01/23/2024 20002(A)(2) VC Hit and Run X X
24-015 01/25/2024 484(A) PC Theft X X
24-016 01/25/2024 Civil
24-017 01/27/2024 415(2) PC Loud Noise X X
24-018 01/28/2024 Information Only
24-019 01/29/2024 484(A) PC Theft X X
24-020 01/29/2024 Information Only
24-021 01/29/2024 Surrendered Property
24-022 01/31/2024 Lost Property
24-023 01/31/2024 Susp Circ
23 Cases
Chris Bourquin - Chief
39 Item 3.
2 Calls for Service Case Reports
Month YTD Month YTD
271 271 23 23
Alarms Citations
Residential Commercial MPAD Moving Parking Warning
Mo. YTD Mo. YTD Mo. YTD Mo. YTD Mo. YTD Mo. YTD
0 0 4 4 1 1 7 7 20 20 3 3
40 Item 3.
Offense Reported
in 2024
Reported
in 2023
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 2 -50.00% 0 0.00% 25.00% NA
Simple Assault 0 0 NA 0 0.00% 0.00% NA
Intimidation 3 0 NA 0 0.00% 75.00% NA
Kidnapping/Abduction 0 0 NA 0 0.00% 0.00% NA
Consensual Sex Offenses:
Incest 0 0 NA 0 0.00% 0.00% NA
Statutory Rape 0 0 NA 0 0.00% 0.00% NA
Human Trafficking, Commercial
Sex Acts
0 0 NA 0 0.00% 0.00% NA
Human Trafficking, Involuntary
Servitude
0 0 NA 0 0.00% 0.00% NA
Crimes Against Persons Total 4 2 100% 0 0.00% 50% NA
Robbery 0 0 NA 0 0.00% 0.00% NA
Burglary/Breaking & Entering 0 0 NA 0 0.00% 0.00% NA
Larceny/Theft Offenses 2 5 -60.00% 1 50.00% 66.67% 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 1 2 -50.00% 0 0.00% 33.33% NA
Counterfeiting/Forgery 0 0 NA 0 0.00% 0.00% NA
Fraud Offense 0 0 NA 0 0.00% 0.00% NA
Embezzlement 0 0 NA 0 0.00% 0.00% NA
Extortion/Blackmail 0 0 NA 0 0.00% 0.00% NA
Bribery 0 0 NA 0 0.00% 0.00% NA
Stolen Property Offenses 0 0 NA 0 0.00% 0.00% NA
Crimes Against Property Total 3 7 -57.14% 1 33.33% 37.5% 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 1 0 NA 0 0.00% 100.00% NA
Prostitution 0 0 NA 0 0.00% 0.00% NA
Weapons Law Violation 0 0 NA 0 0.00% 0.00% NA
Animal Cruelty 0 0 NA 0 0.00% 0.00% NA
Crimes Against Society Total 1 0 NA 0 0.00% 12.5% NA
Agency: All
Total Group "A" Offenses 8 9 -11.11% 1 12.5% 100% NA
Statewide Crime Profile * Adjusted population base: 1 2024 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: 01/01/2024 Ending Date: 01/31/2024
Printed On: 02/20/2024
41 Item 3.
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43 Item 1.
44 Item 1.
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48 Item 1.
49 Item 1.
50 Item 1.
51 Item 1.
52 Item 1.
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54 Item 1.
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61 Item 1.
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63 Item 1.
{AJL-01465843;2}
C I T Y O F D E L R E Y O A K S
DATE: February 27, 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
An appeal hearing for this issue was conducted on January 23, 2024. The hearing was continued to the next regularly scheduled City Council meeting on February 27, 2024. The appellant has since had discussions with the Monterey Peninsula Water Management District and believes they have reached and agreed solution to the water permitting issue. They have requested that the appeal hearing be continued to the March 26, 2024, City Council meeting to allow time for them to work on a solution.
Staff recommends that the City Council approve the appellant’s request to continue the hearing to the March 26, 2024 City Council meeting.
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).
Staff Report
64 Item A.
{AJL-01465843;2}
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.
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
65 Item A.
{AJL-01529750;2}
DATE: February 27, 2024
TO: Honorable Mayor and City Council
FROM: John Guertin, City Manager
SUBJECT: First Reading of Ordinance Regulating Smoking in Multi-Unit Residences 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 318, Amending Chapter 8.38 of the Municipal Code to Prohibit Smoking in New and Existing Units of Multi-Unit Residences.
Background
On January 23, 2024, the Council adopted Ordinance 317 amending the Municipal Code to regulate smoking in public places. At this meeting, staff were directed to develop additional regulations for the prohibition of smoking in multi-unit residences.
Discussion
The County Health Department as well as some residents of The Oaks have requested the City consider adopting updates to its existing ordinance regulating smoking in multi-unit residences. As of January 1, 2024, 82 municipalities have enacted a law at the city or county level that prohibits smoking in 100% of private units of rental multi-unit housing properties. Of these municipalities, 75 have laws that prohibit smoking in 100% of private units of both rental and owner-occupied multiunit housing properties.
The proposed amendments include additions to the “Definitions” section of Chapter 8.38, as well as the addition of Section 8.38.035 “Prohibition of Smoking in New and Existing Units of Multi-Unit Residences.”
66 Item A.
{AJL-01529750;2}
The ordinance is submitted for City Council consideration.
Fiscal Impacts
There are no fiscal impacts associated with consideration of this item.
Attachments
• Multi-Unit Residence Smoking Regulations Ordinance #318 • American Nonsmokers’ Rights Foundation City Regulations List Respectfully Submitted,
_______________________________
John Guertin
City Manager
67 Item A.
{AJL-01529749;2}
ORDINANCE NO. 318
AN ORDINANCE OF THE CITY OF DEL REY OAKS AMENDING CHAPTER 8.38 OF THE DEL REY
OAKS MUNICIPAL CODE REGARDING SMOKING REGULATIONS
WHEREAS, tobacco use causes death and disease and continues to be an urgent public health threat, as evidenced by the following:
• The World Health Organization (WHO) estimates that tobacco kills up to half of its users, amounting to more than 8 million deaths each year worldwide, including nearly half a million people who die prematurely from smoking in the United States alone; • Tobacco use can cause disease in nearly all organs of the body and is responsible for an estimated 87% of lung cancer deaths, 32% of coronary heart disease deaths, and 79% of all chronic obstructive pulmonary disease deaths, in the United States; • 5.6 million of today’s Americans who are younger than 18 are projected to die prematurely from a smoking-related illness; and
• The estimated economic damage attributable to smoking and exposure to secondhand smoke in the United States is nearly $300 billion annually; and WHEREAS, exposure to secondhand smoke anywhere has negative health impacts; 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
WHEREAS, nonsmokers who live in multi-unit dwellings can be exposed to neighbors’ secondhand smoke, as evidenced by the following:
● Research demonstrates that secondhand smoke in multi-unit housing can and does transfer between units, seeping into smoke-free areas from areas where smoking occurs; ● Residents of multi-unit housing have higher levels of cotinine (a biomarker for nicotine) in their blood and saliva than those living in detached houses; ● Among children who live in homes in which no one smokes indoors, those who live in multi-unit housing have 45% higher cotinine levels than children who live in detached houses; ● Twelve studies have found between 26% and 64% of residents of multi-unit housing report secondhand smoke drifting into their home;
● Surveys have found that 65% to 90% of multi-unit housing residents who experience secondhand smoke in their home are bothered by it, and a 2019–2020 survey documented variations in secondhand smoke source among multi-unit housing residents in Los Angeles County, who reported secondhand smoke exposure from tobacco (39%), marijuana (36%), and e-cigarettes (9%); and WHEREAS, in December 2023, the City Council directed that staff prepare the proposed amendments to Chapter 8.38 to include smoking regulations for multi-unit residences; and 68 Item A.
{AJL-01529749;2}
WHEREAS, enactment of this Ordinance is exempt from CEQA pursuant to section 15061(b)(3) of the Guidelines. The City Council determines it does not have the potential to cause a significant effect on the environment.
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 Chapter 8.38, titled “Smoke Free Public Places” shall be amended by the deletion of all text shown in strikeout text (strikeout text) and by the addition of all text shown in bold, italic text (bold italic text), as follows::
CHAPTER 8.38 SMOKE FREE PUBLIC PLACES SMOKING REGULATIONS Sections:
8.38.010 Purpose and Intent.
8.38.020 Definitions.
8.38.030 Prohibition of Smoking in Unenclosed Areas.
8.38.035 Prohibition of Smoking in New and Existing Units of Multi-Unit Residences.
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
69 Item A.
{AJL-01529749;2}
(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. “Common Area” means an area in a Multi-Unit Residence that residents of more than one Unit are entitled to enter or use, including, without limitation, halls, pathways, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking garages, parking lots, grassy or landscaped areas, restrooms, laundry rooms, cooking areas, and eating areas.
C. “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.
D. “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.
E. “Landlord” means any person or agent of a person who owns, manages, or is otherwise legally responsible for a Unit in a Multi-Unit Residence that is leased to a residential tenant, except that “Landlord” does not include a tenant who sublets a Unit (e.g., a sub-lessor).
F. “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.
G. “New Unit” means a unit that is issued a certificate of occupancy, or a unit that is let for residential use, for the first time after the effective date of the ordinance codified in this Chapter.
H. “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. 70 Item A.
{AJL-01529749;2}
I. “Reasonable Distance” shall mean a distance of 25 feet in any direction from an area in which smoking is prohibited.
J. “Person” means any natural person, business, corporation, partnership, cooperative association, personal representative, receiver, trustee, assignee, or any other legal entity.
K. “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.
L. “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.
M. “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.
N. “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.
O. “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.
P. “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.
Q. “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.
R. “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.
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S. “Tobacco use” means the act of smoking or the consumption of any other tobacco product in any form.
T. “Unenclosed Area” means any area that is not an enclosed area.
U. “Unit” means a personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use Enclosed Area or Unenclosed Area, such as, for example, a private balcony, porch, deck, or patio. “Unit” includes, without limitation, an apartment, a condominium, a townhouse, a room in a senior facility, a room in a long-term health care facility, assisted living facility, or hospital; a room in a hotel or motel; a dormitory room; a room in a single room occupancy facility; a room in a homeless shelter; a mobile home; a camper vehicle or tent; a single-family home; and an accessory dwelling unit. Unit includes, without limitation, a New Unit.
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.
8.38.035 Prohibition of Smoking in New and Existing Units of Multi-Unit Residences.
A. Smoking is prohibited in all Units of a Multi-Unit Residence, including any associated exclusive use Enclosed Areas or Unenclosed Areas, such as a private balcony, porch, deck, or patio as provided below:
1. Smoking in any New Unit of a Multi-Unit Residence on or after May 1, 2024, is a violation of this Chapter.
2. Smoking in an existing Unit of a Multi-Unit Residence that is not a New Unit, on or after October 1, 2024, is a violation of this Chapter.
B. An owner or Landlord may designate a Smoking Area in a Multi-Unit Residence if the area is:
1. An Unenclosed Area;
2. Located a reasonable distance from Unenclosed Areas primarily used by children or Unenclosed Areas with improvements that facilitate physical activity including but not limited to playgrounds, tennis courts, swimming pools, and school campuses;
3. Located a reasonable distance from any nonsmoking area. The location of nonsmoking areas may change due to enactment of law, execution of an agreement, or other event that 72 Item A.
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affects the area’s Smoking designation. If an event occurs that changes a nonsmoking area, a person with legal control over a designated Smoking area within less than a reasonable distance of that nonsmoking area must modify, relocate, or eliminate that designated Smoking Area so as to maintain compliance with the requirements of this Chapter; a. In the case of a nonsmoking area on an adjacent property established by private agreement or designation and not by this Chapter or other law, it shall not be a violation of this Chapter for a person with legal control to designate a Smoking area within a reasonable distance of the nonsmoking area unless that person has actual knowledge of, or a reasonable person would know of, the private agreement or designation. It shall not be a violation of this Chapter for a person to Smoke within a nonsmoking area if the area is erroneously designated as a Smoking area unless a reasonable person would know of the error.
4. No more than ten percent (10%) of the total Unenclosed Area of the Multi-Unit Residence for which it is designated;
5. Defined by a clearly marked perimeter;
6. Identified by conspicuous signs; and
7. Not overlapping any other area where Smoking is prohibited by this Chapter or other law.
C. No person with legal control over a Common Area of a Multi-Unit Residence in which Smoking is prohibited by this Chapter or other law shall knowingly permit the presence of ash trays, ash cans, or other receptacles designed for or primarily used for disposal of Smoking waste within the 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. 73 Item A.
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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 Chapter 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.
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.
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.
ADOPTED BY THE COUNCIL OF THE CITY OF DEL REY OAKS THIS ____day of ___________, 2024, by the following vote:
AYES:
NOES:
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ABSENT:
ABSTAIN:
SIGNED:
_______________________________
Scott Donaldson, Mayor
ATTEST:
_______________________________
Karen Minami, City Clerk
75 Item A.
2530 San Pablo Avenue, Suite J, Berkeley, CA 94702 | 510.841.3032 | 510.841.3071Fax | no-smoke.org | [email protected] ANRF is a 501c3 nonprofit organization and donations are tax deductible | Tax ID #94-2922136 U.S. Laws for 100% Smokefree Multi-Unit Housing
January 1, 2024
This list represents communities with laws that regulate smoking in private units of multi-unit housing.
As of January 1, 82 municipalities have enacted a law at the city or county level that prohibits smoking in 100% of private units of rental multi-unit housing properties. Of these municipalities, 75 have laws that prohibits smoking in 100% of private units of both rental and owner-occupied multi-unit housing properties.
The vast majority of the laws—70 municipalities—apply to properties with 2 or more units.
For public housing policies, see U.S. Public Housing Authority Policies Restricting or Prohibiting Smoking.
See Definitions and Explanatory Notes starting on page 4.
Visit our smokefree multi-unit housing page at no-smoke.org/at-risk-places/homes/ for more information.
Municipalities with Laws for 100% Smokefree Multi-Unit Housing:
This table represents communities that have municipal laws at the city or county level that prohibit smoking in 100% of private units of all specified types of multi-unit housing. These laws apply to both privately-owned and publicly-owned multi-unit residences, as well as all existing and future buildings, and do not permit current residents to continue smoking in the building (i.e. no “grandfather” clause). Most, but not all, municipal laws include condominiums and other owner-occupied properties.
Municipalities marked with # require multi-unit buildings to be 100% smokefree when the law is in full effect as of the listed Final Effective Date. Municipalities marked Some under “% of Units Currently Smokefree” will be 100% when the law is in full effect.
Municipality State
% of Units
Currently
Smokefree
Final Effective
Date
Minimum
Number of
Units
Includes
Patio/
Balcony
Includes
Condos
1. Alameda CA 100% 1/1/2013 2 Yes Yes
2. Alameda County^ CA 100% 7/1/2022 2 Yes Yes
3. Albany CA 100% 3/24/2018 2 Yes Yes
4. American Canyon CA 100% 6/15/2023 2 Yes Yes
5. Bell Gardens CA 100% 6/1/2021 3 Yes Yes
6. Belmont CA 100% 1/8/2009 2 Yes Yes
7. Belvedere CA 100% 11/9/2017 2 Yes Yes
8. Benicia CA 100% 9/2/2020 2 Yes Yes
9. Berkeley CA 100% 5/1/2014 2 Yes Yes
10. Beverley Hills CA 100% 1/1/2019 2 Yes Yes
11. Brisbane CA 100% 6/3/2017 2 Yes Yes
12. Buena Park CA Some 8/10/2023 2 Yes Yes
13. Burlingame CA 100% 2/13/2016 2 Yes Yes
14. Clayton CA 100% 5/1/2019 2 Yes Yes
15. Compton CA 100% 1/1/2013 3 Yes Yes
16. Concord CA 100% 1/1/2021 2 Yes Yes
17. Contra Costa County^ CA 100% 7/1/2019 2 Yes Yes
76 Item A.
Municipality State
% of Units
Currently
Smokefree
Final Effective
Date
Minimum
Number of
Units
Includes
Patio/
Balcony
Includes
Condos
18. Corte Madera CA 100% 6/17/2022 2 Yes Yes
19. Cotati CA 100% 1/1/2017 2 Yes Yes
20. Crescent City CA 100% 1/1/2022 2 Yes Yes
21. Cudahy CA 100% 1/3/2020 2 Yes Yes
22. Culver City CA 100% 5/26/2016 2 Yes Yes
23. Cupertino CA 100% 10/1/2021 2 Yes Yes
24. Daly City CA 100% 1/21/2014 2 Yes No
25. Danville CA 100% 5/1/2016 3 Yes Yes
26. El Cerrito CA 100% 10/1/2015 2 Yes Yes
27. El Monte CA 100% 8/19/2017 3 Yes Yes
28. Emeryville CA 100% 7/1/2019 2 N/S Yes
29. Firebaugh CA 100% 7/1/2019 2 Yes Yes
30. Foster City CA 100% 11/5/2015 N/S Yes Yes
31. Fresno CA 100% 1/1/2022 2 No No
32. Guadalupe CA 100% 8/27/2020 2 Yes Yes
33. Half Moon Bay CA 100% 1/15/2020 2 Yes Yes
34. Healdsburg CA 100% 5/6/2020 2 N/S Yes
35. Hercules CA 100% 6/13/2020 10 Yes Yes
36. Huntington Park CA 100% 7/1/2013 2 Yes Yes
37. Larkspur CA 100% 9/17/2022 2 Yes Yes
38. Los Gatos CA 100% 6/25/2017 2 Yes No
39. Manhattan Beach CA 100% 5/5/2017 3 Yes Yes
40. Marin County^ CA 100% 10/14/2021 2 Yes Yes
41. Mill Valley CA 100% 11/18/2016 2 Yes Yes
42. Millbrae CA 100% 1/1/2020 2 Yes Yes
43. Milpitas CA 100% 1/1/2022 2 Yes Yes
44. Monte Sereno CA 100% 10/1/2020 2 Yes Yes
45. Moorpark CA 100% 2/1/2019 2 Yes No
46. Morro Bay CA 100% 8/1/2020 2 Yes Yes
47. Mountain View CA 100% 1/1/2022 3 Yes Yes
48. Novato CA 100% 1/1/2018 2 Yes Yes
49. Pacific Grove CA 100% 10/1/2021 2 Yes Yes
50. Pacifica CA 100% 10/9/2020 2 Yes Yes
51. Palo Alto CA 100% 1/1/2018 2 Yes Yes
52. Pasadena CA 100% 1/1/2013 2 Yes Yes
53. Petaluma CA 100% 1/1/2014 2 Yes Yes
54. Pinole CA 100% 10/18/2019 2 Yes Yes
55. Pleasanton CA 100% 7/1/2022 2 Yes No
56. Rancho Cordova CA 100% 11/4/2021 2 N/S Yes
57. Redwood City CA 100% 1/1/2019 2 Yes Yes
58. Richmond CA 100% 1/1/2011 2 Yes Yes
59. Rohnert Park CA 100% 4/23/2018 2 Yes Yes
60. Ross CA 100% 2/9/2020 2 Yes Yes
61. San Anselmo CA 100% 1/8/2016 2 Yes Yes
62. San Bruno CA 100% 2/22/2018 2 Yes Yes
63. San Carlos CA 100% 7/8/2020 2 Yes Yes
64. San Mateo CA 100% 11/14/2015 2 Yes Yes
65. San Mateo County^ CA 100% 2/4/2016 2 Yes Yes
77 Item A.
Municipality State
% of Units
Currently
Smokefree
Final Effective
Date
Minimum
Number of
Units
Includes
Patio/
Balcony
Includes
Condos
66. San Pablo CA 100% 7/1/2021 2 Yes No
67. San Rafael CA 100% 11/14/2013 3 Yes Yes
68. Santa Clara CA 100% 8/1/2019 2 Yes Yes
69. Santa Clara County^ CA 100% 2/9/2012 2 Yes Yes
70. Santa Rosa CA 100% 8/7/2016 2 Yes Yes
71. Saratoga CA 100% 9/16/2016 4 Yes Yes
72. Sebastopol CA 100% 11/2/2011 2 Yes Yes
73. Sierra Madre# CA Some 10/1/2024 4 No Yes
74. Sonoma CA 100% 12/12/2016 2 Yes Yes
75. Sonoma County^ CA 100% 1/12/2013 2 Yes Yes
76. South San Francisco CA 100% 11/9/2017 2 N/S Yes
77. Sunnyvale CA 100% 9/23/2016 2 Yes Yes
78. Tiburon CA 100% 10/16/2018 4 Yes Yes
79. Union City CA 100% 2/23/2012 2 Yes No
80. Vallejo CA 100% 9/21/2022 2 Yes Yes
81. Walnut Creek CA 100% 1/30/2014 2 Yes Yes
82. Windsor CA 100% 8/15/2017 2 Yes Yes
^ = In California, county laws only cover unincorporated areas of the county, and do not cover cities in the county. Cities located within the county need to adopt their own local laws.
Municipalities with Laws that Partially Restrict Smoking in Multi-Unit Housing:
This table represents communities that have municipal laws at the city or county level that restrict smoking in some private units of multi-unit housing, but do not require multi-unit buildings to be 100% smokefree.
The trend is now for communities to adopt laws that require multi-unit properties to be 100% smokefree, as listed in the chart above. It is not recommended that communities adopt the types of partial laws represented in the chart below.
Municipalities marked Some under “All Units Currently Smokefree?” have some buildings that are required to be 100% smokefree. Often, these laws prohibit smoking in all newly occupied buildings or newly leased units, but either do not address smoking in existing buildings or only apply to a certain percent of units in existing buildings.
Municipalities marked No under “All Units Currently Smokefree?” have no buildings required to be 100% smokefree now or in the future. These laws may apply to only a certain percent of units in existing and future buildings, or permit current residents to continue smoking in the building indefinitely (a “grandfather” clause).
Additionally, communities not represented on this list may have local laws that do not address smoking in private units, but restrict smoking in multi-unit housing to a lesser extent, such as by prohibiting smoking in indoor common areas or only on patios and balconies.
Municipality State
All Units
Currently
Smokefree?
Min. % of
Units
Currently
Smokefree
Initial
Effective
Date
Final
Effective Date
Min. #
of Units
Includes
Condos
1. Baldwin Park CA Some 100% new/
80% existing 6/21/2012 12/2/2014 2 Yes
78 Item A.
Municipality State
All Units
Currently
Smokefree?
Min. % of
Units
Currently
Smokefree
Initial
Effective
Date
Final
Effective Date
Min. #
of Units
Includes
Condos
2. Burbank CA No N/S 5/1/2011 5/1/2011 N/S Yes
3. Calabasas CA No 80% 1/1/2012 Not Specified 2 No
4. Dublin CA No 75% 1/1/2011 1/1/2013 16 N/S
5. Fairfax CA No 75% 9/1/2012 9/1/2012 4 N/S
6. Fremont CA Some 100% new/
0% existing 2/1/2017 Not Specified 2 Yes
7. Glendale CA Some 100% new/
0% existing 6/27/2013 Not Specified 2 Yes
8. Jurupa Valley CA Some
100% new/
designated
existing units
3/6/2021 Not Specified 3 No
9. Lafayette CA Some 100% new/
0% existing 2/10/2014 Not Specified 3 Yes
10. Loma Linda CA No 70% 1/1/2012 Not Specified 2 No
11. Oakley CA No 100% new/
0% existing 3/13/2014 4/1/2014 2 Yes
12. Pleasant Hill CA Some 100% new/
50% existing 5/5/2010 Not Specified 4 No
13. Riverside CA No 100% new/
0% existing 7/28/2022 7/28/2022 2 No
14. Santa Monica CA Some
100% new/
designated
existing units
5/21/2013 Not Specified N/S Yes
15. Sausalito CA Some 100% new/
80% existing 8/30/2012 Not Specified 2 Yes
16. South Pasadena CA Some 100% new/
80% existing 3/3/2011 Not Specified 2 Yes
17. Temecula CA No 25% 12/7/2007 6/7/2012 10 N/S
18. West Hollywood CA Some 100% new/
0% existing 5/19/2021 7/15/2021 3 Yes
Definitions and Explanatory Notes:
Communities on the two charts of municipal laws adopted a municipal ordinance to regulate smoking in all (first chart) or some (second chart) types of multi-unit housing. # = Law requires multi-unit buildings to be 100% smokefree when the law is fully in effect on the stated Final Effective Date, but currently the law provides partial coverage. ^ = In California, county laws only cover unincorporated areas of the county, and do not cover cities in the county. Cities located within the county need to adopt their own local laws.
Minimum Percent of Units Currently Smokefree:
The percent of specified multi-unit housing that is currently required to be smokefree:
100%: All units in specified multi-unit housing must be smokefree. 79 Item A.
Another stated %: The stated percent of units in specified multi-unit housing must be smokefree.
N/S = Not Specified: The law does not specify the percent of units currently required to be smokefree or the percent of units currently required to be smokefree cannot determined by how the law is written, such as: applying only to new multi-unit buildings but not to existing multi-unit buildings or designating at certain percentage of units as nonsmoking or limiting smoking to certain buildings or permitting current residents to continue to smoke indefinitely.
Initial Effective Date:
The date when some multi-unit housing must be 100% smokefree. For example, Baldwin Park, CA (marked as Some for All Units Currently Smokefree) requires that all newly occupied buildings must be 100% smokefree as of 6/21/2012, which is the Initial Effective Date. Baldwin Park also requires that at least 80% of units in all existing buildings be smokefree. Because existing buildings may never be fully smokefree, the Final Effective Date is “Not Specified.”
Final Effective Date:
For communities marked as Yes or Some for All Units Currently Smokefree, the Final Effective Date is when all buildings must be 100% smokefree. For communities marked as No for All Units Currently Smokefree, the Final Effective Date is when the strongest provisions of the law goes into effect.
Not Specified:
The law does not specify when all multi-unit buildings must be completely smokefree, due to provisions such as: law permits current residents to continue smoking indefinitely or law applies only to newly constructed buildings or law applies only to a certain percent of existing units.
ANR Foundation is actively collecting additional laws. If you know of local laws that you think should be included on the list, or want to inquire about additional information on particular laws, please contact the ANR Foundation at [email protected] or 510-841-3032.
May be reprinted with appropriate credit to the American Nonsmokers’ Rights Foundation. © Copyright 1998 – 2024 American Nonsmokers’ Rights Foundation. All rights reserved. [LS-41]
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Kim Shirley’s Council Report
for Tuesday, February 27, 2024
Friday, January 19th- ReGen Monterey Board Mtg- This was my first meeting as Board Chair and although I was nervous, it all went fairly well! We welcomed two new board members- Council Member Alexis Garcia-Arrazola from Seaside and Peter McKee who is representing Pebble Beach Community Services. In addition, I was able to present a resolution of appreciation to our former Board Chair, Jason Campbell. I’m miss his guidance and dedication on our Board. We also did three year service awards to County Supervisor Wendy Root-Askew and myself (I can’t believe it’s been three years!). I’ve learned so much and am so proud of the work that ReGen does which makes me feel extremely grateful to be a part of an organization that puts our environment first.
Another highlight of this meeting was giving away grants to local nonprofits in support of our edible food recovery efforts. Along with composting food waste, SB1383 also addresses additional food coming from grocery stores and restaurants to make sure that the food gets donated and is used in the community, instead of heading to the landfill. To support that process, ReGen and Salinas Valley Recycles contributed grant funds that supports increased capacity for organizations throughout the region. Fifteen organizations applied and we were able to give out seven grants to a variety of organizations that serve all sectors of our community–from college students, to seniors, veterans, and disabled adults. Representatives of the organizations were in the board room to collect their checks and share how this money will help them as they continue to support the diverse needs of our region.
The two items of discussion were contracts for processing recycling from outside the region. One of the contracts is for processing recycling coming from North San Luis Obispo County and a South Monterey County military contract. Another was to process single-stream recycling from Santa Cruz County communities on an as needed basis.
After staff reports, our last item to address was board appointments. I appointed Peter McKee to the Finance committe. I will also remain on that committee. Additionally, we decided that Alexis Garcia-Arrazola would be appointed as an alternate to the Special Districts meeting (Dr. Kim Barber remains as the primary person for the Special District meetings) and I would take Jason Campbell’s place on the Ad Hoc Committee which is addressing potential energy sources between ReGen Monterey and M1Water.
Tuesday, January 23rd- City Council Mtg- Our meeting was run this month by our Vice Mayor, John Uy, who did a great job of keeping us on track, all while maintaining, of course, his happy, caring, and thoughtful nature. During public comments we heard about the desire to have a multiunit smoke-free ordinance (it’s coming in February- yay!) as well as accolades for our former Mayor, Joe Russell who recently passed. 1 131
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The first item of new business was accepting the excellent results of our FY2022-23 audit.
The finance committee had already reviewed this report, and so it was nice to bring these positive results back to the council. Again, I’m very grateful for the work staff did to get this completed and the work they’ve done in past years to get us to this place where we have good financial practices.
The second item, which took most of our meeting time, was reviewing the appeal of the city’s determination of square footage for 121 Calle del Oaks. This is a difficult topic and ultimately, three of us were left on the dais to make the decision (Council Member Hallack recused himself and Mayor Donaldson was absent). After the hearing, we ultimately decided to push this decision to the February council meeting to give us more time to review what was presented before us (we had never seen the materials that our building official presented and the appelant’s packet was sent to us just the night before the meeting).
Wednesday- Friday, January 24th-26th- League of California Cities- Mayors and Council Members Academy- Lucky for us this year, this annual event took place in our own backyard (Monterey) so it made it very convenient to attend. I’m grateful to the city for supporting these professional development opportunities as there is always something to learn. The League provided 2.5 days of sessions on various topics. I attended all of them except for the last one which was focused on ethics training as I’m currently up to date with my certification. Below are the sessions I attended, along with some highlights and takeaways for me as I reflect on the conference.
Wednesday, I attended the following sessions-
● Harassment Prevention Training for Supervisors and Officials (AB 1661) ○ Received my certificate after the two hour training
● An introduction to Cal Cities
○ A refresher on the Legue of California Cities leadership team and the organization’s mission and structure. The main two things they provide are advocacy and educational tools.
● Developing an Effective City Council and City Manager Team: The Key to Good Governance and City Success
○ “Good governance requires building relationships”- ultimately, “Effective Communication = Trust = A Successful Relationship.” My biggest takeaway from this session is how vital meaningful communication is for building trust between the council and the city manager. Meaningful communication includes being honest, direct, respectful, and proactive. ○ The city manager has many responsibilities which includes collaborating and supporting the council to be successful, working with staff to create a positive culture, and engaging with the public to build trust.
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○ City Managers should communicate consistently and equitably with all of their council members.
○ It was made clear that council members meet regularly with the city manager and should hold the city manager accountable for achieving council goals.
It’s important to note that the council provides direction to the city manager only (not the staff…that’s the responsibility of the city manager). ○ The session and panel discussion with our very own Monterey Mayor, Tyller Williamson and Monterey City Manager, Hans Uslar got me thinking about the following:
■ I’d like to have regular council workshops that include the mission, vision, and values and includes a discussion about organizational effectiveness and communication. These
conversations can lead to greater fulfillment and increased community confidence.
■ The process for putting items on the Monterey agendas was collaborative and respectful. I’d like to revisit that for our city. ● Your Legal Powers and Obligations; Open Government and Conflicts of Interest
○ This session provide some good reminders about being a general law city, the Brown Act (open and transparent meetings), Public Records Act, ethics, and city council/city attorney relationship (city attorneys represent the city not council members-consult the city attorney early and often).
Thursday, I attended the following sessions-
● Policy Role in Land Use Planning
○ Lots of information in this session about general plans (the vision for our city!), zoning and other planning tools, and the California Environmental Quality Act (CEQA)
■ I walked away knowing that we need to update our general plan (the joke was if your general plan can vote (at least 18 years old) then it should be updated!). Ours can not only vote but it can legally drink (last update was 27 years ago!).
● Effective Advocacy and Key City Issues
○ We learned all of the advocacy that’s happening through Cal Cities with this session. They focus on legislative, legal, and ballot measure advocacy. ● Social Media/Digital Communications and Civic Engagement ○ I’m not a huge social media fan and lack much of a presence on social media but it’s always good to get a refresher on this form of outreach. ○ It included the reminder that as elected officials we cannot block comments on our social media sites, no matter how offensive, obnoxious, or hateful they may be.
○ The larger takeaway for me was a series of thoughts when it was brought up that we should have a social media policy for the city so that it’s clear who’s posting during emergencies. As a city we don’t have much of a social media 3 133
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presence (besides Nextdoor), but that reminded me that our city still does not have an Emergency Operations Plan.
● Financial Responsibilities, City Revenues Workshop (Part 1) ○ Lots of information in this session but my takeaways include:
■ Fiscal policies shuold be stated in the annual budget report, including statements of plans for capital projects.
■ The budget reflects the community’s priorities and so it’s very important to do goal/priority setting with the public before finalizing the budget. This is something that I’d really like to see in our city!
Friday, I attended-
● Financial Responsibilities, City Revenues Workshop (Part 2) ○ This session reviewed many items, one of which described generally what happens in financially “troubled” cities. I’m happy to report that none of the items listed were issues in DRO.
○ The takeaway for me here, besides the nuts and bolts of learning more about Prop. 13, pensions and other post-employment benefits, was thinking about how we should really have a review of our financial polices for the city. I think it would be a good reminder for all of us.
Friday, January 26th- M1Water Tour- My husband and I joined council member Bill Ragsdale-Cronin on the tour of M1W. I’ve always been an alternate for this board appointment, but had never received an actual tour of the campus, so I appreciated that Bill let us tag along. It was a good reminder of the types of wastewater they’re collecting, the processes that happen to treat our wastewater, and the various pathways that the treated water can take. I especially enjoyed seeing the demo building and larger building where wastewater is turned into clean water that can be injected into the Seaside Groundwater basin where it is pulled out for use months later (Pure Water Monterey). I hadn’t realized that when they built the facility they literally left space in the building for an expansion. That expansion is currently in the works, and due to supply chain issues and the length of time for delivery of the parts, it’s not scheduled to be in full operation until 2025.
Saturday, February 3rd- Braver Angels Meeting- Once again, we came together as Democrats and Republicans to talk about how we engage and reach across the aisle to find common ground. The introduction of this meeting was interesting as we were supposed to share a podcast/website/magazine/book, etc. that we believed was balanced Red/Blue or non-polarizing. I will admit…I had a hard time thinking about any type of media I consumed that was obviously non-polarizing, which made me wonder what exactly is “non-polarizing?” Does it mean it doesn’t allow balanced thought and actively denies multiple perspectives? With my anxiety building, I shared by thoughts with the group about my interest in diving deeper into the idea of “polarization.” In terms of recommendations, I’m absolutely sure there were some people in the room who probably thought any NPR 4 134
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affiliated programing was certainly polarizing, but I shared anyways. Afterwards we spent time in small groups to discuss ways to “recruit across the aisle” as well as best practices/common ground. Although I know not everyone in my group believed the same way I do, we had a thoughtful and very meaningful conversation as we shared our experiences and talked about openingly listening to others and finding commonalities that are important for us all. At this meeting, they also announced a local workshop scheduled for Saturday, March 16th. The topic will either be, “Skills for disagreeing better” or “Depolarizing within.”
Wednesday, February 7th- ReGen Finance Committee Meeting- This was our first Finance meeting of the year so we started by electing committee officers. Mayor Peake was quick on the draw, so I was elected chair of the committee with Mayor Peake as vice chair. Next we reviewed our by-laws with the only addition being that the agenda will be decided in conjunction with the chair (Mayor Peake’s suggestions). After the by-laws, staff updated us on their budget planning for FY 24/25. With the anticipation of labor negotiations and a potential increase of $1.8 million, staff is talking about a 5% tip fee increase for next year. Another agenda item was talking about the White Paper which describes the waste coming into Monterey County and the pratice of ReGen accepting waste outside of our member jurisdictions in order to keep fees low for our members.
Lastly, we discussed the continued efforts of ReGen to take on the state permits for composting while providing an extended contract for our compost contractor, Keith Day.
Wednesday, February 7th- Seaside Groundwater Basin Watermaster Meeting- As was requested in a previous meeting, we began our meeting hearing three important presentations. The first was the presentation on the Salt Water Intrusion Analysis Report.
Lots of technical information, but the bottom line is that there needs to be some investigation into one of the wells because of an increase in conductivity and other than that, there remains no evidence of salt water intrusion even though it is very likely to happen in the future. Another interesting portion of this discussion was talking about how our basin flows into other basins because of the gradients between basins (even though we’re not currently overdrafting our basin, our levels continue to decline). This certainly highlights the fact that although we’re in charge of our basin, we need to remain cognizant of the connectedness of all of our basins in the region. The engineers ultimately had some recommendations in their report which we voted on moving forward to discuss feasibility of the actions.
Our next two presentations were on the status of the Pure Water Monterey expansion and Cal-Am’s desal plans. The expansion for Pure Water Monterey will give us an additional 2,250 Acre Feet of water per year. They will ramp up construction in the spring and will work on two new deep injection wells to accomodate the extra water, which should be flowing sometime in 2025. Cal-Am continues to work through the conditions that the Coastal Commission gave them when they approved the desalination project. One item is dealing with the brine discharge which will need outfall improvements. This work will be 5 135
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done in conjunction with M1Water. They anticipate meeting half of the conditions (I believe there were over 20 total) this year and meeting the rest of the conditions in 2025 when they would begin construction. The litigation that’s associated with this project was not mentioned, so I’m assuming the timeline they presented is absolutely their best case scenario.
The next item was a presentation from our lawyer talking about various ways the watermaster would be able to pay for replenishment water when it becomes available (no plans for that yet). Turns out the adjudication doesn’t provide many funding options, so after comparing other adjudicated basins throughout the state, the lawyer suggested various options such as asking the court to amend the order to allow us to go after “special project” grants or being able to levy assessments as a basin or through another entity such as the Water Management District. Another option, which I find interesting, is using our basin for “water banking” which means if someone nearby has water that they’d like to “bank” they’d put it into our basin and then when they withdraw the water, they would leave a portion in the basin for protective measures (i.e. put in 10 acre feet and only withdraw 5).
All interesting discussions in which our lawyers will continue to evaluate.
Our last item of the meeting was deciding on a new format for our meetings. With the idea that we’d like to provide additional access for the public, we’ll now we running our meetings in a hybrid format and will meet in the Sand City Council Chamber which graciously offered to let us meet there and use their technology for free.
Monday, February 12th- Monterey-Salinas Transit Board Meeting- Please see the MST board highlights in our agenda packet.
Wednesday, February 14th- AMBAG Mtg- As an alternate, I attended this meeting in Council member John Uy’s place. We began the evening with the presentation for the annual audit for the fiscal Year 2022-23. It was a positive report with no findings related to compliance requirements or violations of applicable laws and regulations. Next, board and committee appointments for 2024 were approved. With some minor committee reports and approval of the consent agenda, we moved onto the two larger items for the evening.
The first was approving the Carbon Reduction Program Draft Project Selection Criteria Adoption. This selection criteria was put together to help grade carbon reduction projects in the areas of bicycle and pedestrian, rail and transit, and zero-emission vehicles that will qualify for the nearly $7 million dollars of federal funding from the Bipartisan Infrastructure Law for the AMBAG Region. The criteria had already been edited based on feedback, so there were only minor edits and it was easily passed.
The last item provided information on AMBAG’s Draft Complete Streets Policy. This policy has been released for public comment and will be under review until March 15, 2024, with the final adoption of this policy in May 2024. This policy is a recognition of the importance 6 136
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of multimodal streets. From the introduction, here’s how they describe the policy- “AMBAG’s Complete Streets Policy will build upon these previous efforts by promoting a transportation system that is designed to be multimodal to safely and comfortably accommodate users of all ages and abilities, including, but not limited to, pedestrians, bicyclists, shared and micromobility users, motorists, transit and school bus riders, persons with disabilities, freight and commercial providers, emergency responders, and adjacent land users.” This balancing of needs for all users, eventually results in streets that are safer and more accessible for travelers of all ages and abilities. AMBAG is encouraging implementation of a “Complete Streets Policy” in all jurisdictions (while also recognizing it won’t work for all areas). For me, I’m happy to know they’re doing this planning and will be a resource for us as we look at development in our former Fort Ord.
Friday, February 16th- ReGen Monterey Board Meeting- During this monthly meeting, besides approving the consent agenda and recognizing an employee for 20 years of service in the Materials Recovery Facility (MRF), we covered two main topics. The first was a continued discussion of the Draft White Paper which is a document that explains and illustrates the municipal solid waste management practices in California and of our Waste Management District. It also provides some context for the regional waste coming into ReGen’s facility from outside of the member agencies. All jurisdictions are responsible for their waste, but not all jurisdictions have regional landfills. With that need, ReGen has been able to accept some of this waste, which has in turn brought in more funding which allows us to keep fees lower for our member agencies. The document also provided the “Guiding Principles” that illustrates the thinking of previous boards and their desire to maintain a 75 year lifespan of our landfill while also accepting waste from outside of the area. Comments were provided to staff and the updated version will be reviewed again in our March board meeting with the final adoption of the document in April.
We also received the audit for fiscal year 2022-23. There were two findings that related to the timing of which a bond refunding payment was made as well as a change in the amount for the closure/postclosure liabilities. These issues caused the financial years of 2022 and 2023 to be restated. Nothing too alarming, but good to know moving forward.
The audit did stimulate a note of future discussions regarding closure/postclosure planning and creating a policy for that liability as well as looking at our unfunded pension liabilities.
Friday, February 16th- City Finance Meeting- This meeting provided us an opportunity to review the January financials (still looking good and on-budget!). We also got the first look at our mid-year budget adjustments, which will be coming to the full council this month. In general, it’s estimated that we’ll have a General Fund operating surplus of $110,998 which mainly stems from an increase in the interest revenue from our Local Agency Investment Fund, and the receipt of grants and a one-time settlement. In general, fairly minor adjustments were made throughout the budget. 7 137
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Council Member Bill Ragsdale report.
1/12/24 Attended City Budget Committee meeting, received the city's financial reports, received audit report, and discussed a few items in the financials that could be presented in a clearer manner. 1/16/24 Attended my director's orientation at M1W, Met with General Manager Paul Scuito and he provided a short presentation on where the agency is currently and where it is headed. Did a brief overlook at the current budget, and an update on the Pure Water Monterey expansion project. 1/26/24 M1W provided Council Member Kim Shirley, Her husband Kevin and I, a tour of the Regional Treatment Plant, the Pure Water Monterey demonstration facility and the PWM facility. It was good to be back at the plant after 6 years. The new PWM production facilities are very impressive and operating as designed.
1/29/24 Attended M1W Board of Directors meeting, where I was introduced to the rest of the Directors.
Board Chair Tom Moore read a proclamation honoring Mayor Scott Donaldson for his service to the district.
Received a report from Dave Stoldt on the current water supply calculations, and where the district is with getting the cease-and-desist order removed from the Regional Board, and the steps to get the water hookup moratorium issued by the CPUC removed.
Appointed committee members for the Chair and committee assignments.
Received a status update on the PWM expansion project, Contrqctor has all material for the plant expansion ordered and is awating delivery. The nano and R.O. filter skids have a significant lead time; manufacturing of these items is on schedule.
Construction of phase 4 injection well is under construction.
Reviewed the City’s documentation related to the appeal concerning 121 Calle Del Oaks.
Respectfully submitted
Bill Ragsdale-Cronin
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Council Report from Vice Mayor John Uy, Ed.D. 1
Council Report from Vice Mayor John Uy
February 27, 2024
I. Council Report: Meeting of the Revenue and Taxation Policy Committee of the League of California Cities
As an appointee to the Revenue and Taxation Policy Committee of the League of California Cities, I am pleased to provide you with a report on the first meeting of the Revenue and Taxation Policy Committee, which took place on January 18, 2024. As the representative for the Monterey Bay Division, I am honored to serve on this committee and advocate for the interests of our city.
The meeting began with a warm welcome from Chair Kuldip Thusu and Vice Chair Kevin Bash.
We were also fortunate to have speakers such as Cal Cities President Dan Parra and Executive Director and CEO Carolyn Coleman, who provided valuable insights and updates on the organization's advocacy priorities.
One of the key highlights of the meeting was the discussion on Cal Cities' 2023 Advocacy Priorities. We learned about the importance of safeguarding local revenues and bolstering local economic development, especially in light of the anticipated state budget deficit. It was emphasized that Cal Cities will use every tool at its disposal to fight against any threats to local control and funding.
Another significant topic of discussion was the 2023-24 State Legislative and Budget Review.
Lourdes Morales, Principal Fiscal & Policy Analyst from the Legislative Analyst's Office, provided us with valuable information on Cal Cities' revenue and taxation bills for 2024, as well as the state's fiscal outlook. We also received updates on notable November ballot initiatives, including ACA 1 and ACA 13, which have the potential to impact local government financing and voting thresholds.
The City Managers Sales Tax Working Group provided an informative update on their progress, highlighting the importance of collaboration and coordination among city managers to address sales tax issues effectively. We had the opportunity to review and adopt the 2024 Policy Committee Work Plan, which will guide our future efforts in advocating for our city's interests.
Looking ahead, the Revenue and Taxation Policy Committee remains committed to promoting Cal Cities' advocacy priorities, including safeguarding local revenues, strengthening climate change resiliency, improving public safety, and expanding investments to prevent and reduce homelessness. We will continue to monitor legislative developments and engage in the regulatory process to ensure that our city's needs are represented. 139
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In conclusion, the first meeting of the Revenue and Taxation Policy Committee was inspiring and productive. The discussions and decisions made during the meeting will guide our future efforts in advocating for our city's interests. I am confident that our committee's work will contribute to the overall success and well-being of our city. I look forward to sharing further updates and progress with you in the future.
II. Council Report: Regular Meeting of the DRO City Council on January 23, 2024 I am pleased to provide you with a report on the regular City Council meeting that took place on January 23, 2024. As the Vice Mayor of Del Rey Oaks, I had the honor of presiding over this meeting in the absence of our Mayor. It was a productive and inspiring gathering where important matters were discussed, and decisions were made for the betterment of our community.
One of the key agenda items of the meeting was the proposed ordinances related to tobacco use and smoking regulations. We approved the second reading of the ordinances, which were presented to the Council in October 2023, and held the first reading in December 2023. These ordinances aim to align our City with the Blue Zones Project's Tobacco Policy, promoting a healthier and smoke-free environment for all residents. We ultimately passed Ordinance No. 316, which amends the Del Rey Oaks Municipal Code by adding a chapter on "Tobacco Retailer License." Additionally, Ordinance No. 317 was passed, amending the Del Rey Oaks Municipal Code to regulate smoking and tobacco use in public places. These ordinances will come into effect 30 days after their adoption.
In addition to these important ordinances, we also reviewed and approved the minutes of the Special City Council Meeting held on December 13, 2023, and the Regular City Council Meeting held on December 19, 2023. It is crucial to ensure accurate documentation of our meetings and decisions, and these minutes serve as a record of our proceedings.
Furthermore, we approved to authorize the City Manager to publish a Request for Proposals for a comprehensive review of the City's fees for appropriateness. It has been a long time since such a review had taken place, and it was necessary to ensure that our fees align with the 140
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Council Report from Vice Mayor John Uy, Ed.D. 3
current needs and demands of our community. This review will help us maintain transparency and fairness in our fee structure.
January 23, 2024 City Council Meeting
During the meeting, we also approved the award of the contract for the Calfire Grant Funded Fire Prevention Project to Community Tree Service, which was part of the California Climate Investment Fire Prevention Grant Program, for which the City had applied. I am pleased to announce that the City was awarded $317,931.90 in grant funding for the Del Rey Oaks Fire Prevention Program. This funding will enable us to enhance our fire prevention efforts and ensure the safety of our residents. The project is expected to reduce fire fuels along Work 141
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Council Report from Vice Mayor John Uy, Ed.D. 4
Memorial Park (from Via Verde to Fremont Blvd). The Treatment Influence Zone covers approximately 41 acres, including proximity to over 300 homes. The project area is located near Highway 68 and the former Fort Ord, both of which are designated as high-fire threat areas according to the Monterey County Community Wildfire Protection Plan.
Additionally, we reviewed and approved the City's annual financial audit report for the year ending June 30, 2023. The report provided an overview of the City's financial performance and position. We are pleased to report that the financial statements present a fair and accurate representation of the City's financial activities. The report is available for public review, and any questions or requests for additional information can be directed to the City of Del Rey Oaks.
The meeting adjourned with a moment of silence and a heartfelt adjournment in honor of Former Mayor Joseph Russell. We paid tribute to his dedicated service to our City and expressed our gratitude for his contributions. It was a poignant reminder of the impact that individuals can have on our community.
In conclusion, the January 23, 2024 council meeting was a productive and inspiring gathering.
We made significant progress in promoting a healthier and smoke-free environment, secured grant funding for fire prevention, and ensured transparency in our financial reporting. I am proud to serve as your Vice Mayor and to be a part of a Council that is dedicated to the wellbeing and prosperity of our community.
Thank you for your continued support and engagement. Together, we will continue to make Del Rey Oaks a wonderful place to live, work, and thrive.
III. Council Report: My Attendance at the Cal Cities’ Mayors and Council Members Academy Conference on January 24-26, 2024
It is with great pleasure and profound gratitude that I share with you the enriching experience of the 2024 Mayors and Council Members Academy, held in the picturesque city of Monterey, California. Hosted by the League of California Cities at the exquisite Monterey Marriott, this event transcended mere professional development; it was a gathering of hearts and minds dedicated to the noble cause of public service.
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From January 24th to 26th, over 200 mayors and
council members congregated from every corner
of our beloved state, converging upon this coastal
haven to partake in a symphony of knowledgesharing, camaraderie, and inspiration. Whether seasoned veterans or freshly elected officials, each
attendee brought with them a unique perspective,
fostering a vibrant tapestry of ideas and
experiences.
Throughout the academy, we delved into the
foundational pillars of our roles as stewards of our
communities: the legal intricacies, the financial
responsibilities, and the practical applications
essential to effective governance. But beyond the
classroom sessions, we discovered something even
more invaluable—the power of connection.
As we engaged in lively discussions,
exchanged best practices, and forged
new friendships, we realized that our
collective strength lies not only in our
individual expertise but in our ability to
collaborate and support one another.
The bonds we formed within those
hallowed halls of learning will
undoubtedly serve as the bedrock upon
which we build a brighter future for our
cities and towns.
Moreover, the academy provided a
platform to stay abreast of crucial
legislative matters and to gain a
comprehensive understanding of the
myriad services offered by Cal Cities.
Empowered with this knowledge, we
return to our respective communities
with renewed vigor and a deeper sense
of purpose, ready to tackle the
challenges that lie ahead.
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Lastly, I extend my heartfelt gratitude to DRO City Hall staff, the event organizers, sponsors, and fellow attendees who made this event possible. Together, we have ignited a flame of inspiration that will continue to illuminate our path as we strive to create thriving, inclusive, and resilient communities across the Golden State.
III. Council Report: Heartfelt Message of Vice Mayor John Uy for the Lunar New Year last February 10, 2024
Dearest Residents of Del Rey Oaks and City Hall Staff,
Happy Lunar New Year to all!
As we celebrate the first day of the
Year of the Dragon, let us embrace the
spirit of renewal and optimism that
this auspicious occasion brings.
To our vibrant and diverse community,
may this new lunar cycle be filled with
boundless opportunities, prosperity,
and happiness. Let us continue to
cherish our cultural diversity and come
together in unity, understanding, and
mutual respect.
To those celebrating the Lunar New
Year, may your homes be filled with
warmth and laughter, your hearts with
joy and peace, and your lives with
abundance and success.
As Vice Mayor, I am continually
inspired by the strength, resilience,
and spirit of unity that define Del Rey
Oaks and the Monterey Peninsula.
Together, let us embark on this new
year with unwavering determination,
compassion, and solidarity.
Wishing you all a prosperous, healthy, and joyous Lunar New Year! 144
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IV. Council Report: Seaside County Sanitation District Board of Directors Meeting – February 13, 2024
I am pleased to provide you with a summary
of the Seaside County Sanitation District
(SCSD) regular meeting that took place on
February 13, 2024. The meeting was held in
the City of Seaside Conference Room and was
attended by all directors, including Jerry
Blackwelder, Ian N. Oglesby, and myself, John
Uy.
The meeting began promptly at 9:30 AM, with
Chair Jerry Blackwelder calling it to order. Roll
call was conducted, and all directors were
present. We then proceeded with the public
comment period, where members of the
public had the opportunity to address the
Board on matters within our jurisdiction.
The first agenda item of the meeting was a presentation on the Tax Roll Implementation Plan from Monterey One Water (M1W), of which SCSD is a member entity. According to the presentation, M1W can collect wastewater fees on the property tax roll pursuant to Health and Safety Code (HSC) Section 5473 et seq. They also presented the implementation schedule, steps, and the collection agreement that aligns with the County agreement.
Next, we moved on to the consent agenda, which included the approval of minutes from previous meetings and the acceptance of the Seaside County Sanitation District Operations Report for January 2024. The Board unanimously approved the consent agenda as presented.
Additionally, the Board considered the acceptance and filing of the Fiscal Year Ending June 30, 2023 Annual Financial Report for the Seaside County Sanitation District. The report, which had been audited by Maze and Associates, received a clean opinion, reflecting the district's sound financial management.
One of the key items on the agenda was the consideration of continuing our participation in the FOG Public Education Program for the Southern Monterey Bay Dischargers Group. After careful deliberation, the Board adopted a resolution authorizing the District Manager to sign a Memorandum of Understanding with Monterey One Water for participation in the Annual FOG Public Education Program for Fiscal Year 2023-2024. We believe that this program will contribute to our ongoing efforts to maintain the highest standards of sanitation in our county. 145
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Overall, the February 13, 2024 SCSD meeting was productive and successful. The Board made important decisions regarding the District's operations, financials, and participation in key programs. We appreciate the engagement and collaboration of all directors and staff members in making this meeting a success.
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