Agenda packet — Del Rey Oaks City Council, March 26, 2024

REGULAR CITY COUNCIL MEETING AGENDA

OF THE CITY OF DEL REY OAKS CITY COUNCIL
TUESDAY, MARCH 26, 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

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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. Honoring Monterey Peninsula Chamber of Commerce Business of the Year 2023 Award B. Honoring March as Women's History Month

5. PRESENTATION:

A. California-American Water Josh Stratton

6. CONSENT AGENDA:

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

1. February 24, 2024, Regular City Council Meeting Minutes

2. February 14, 2024, Regular Planning Commission Meeting Minutes 1 B. MONTHLY REPORTS: (CEQA: as to all, not a project per Guidelines Article 20, Section 15378)

1. Financials February 2023 - February 2024

2. Fire Department Response Report, February 2024

3. Police Activity Report, February 2024
C. MISCELLANEOUS: (CEQA: as to all, not a project per Guidelines Article 20, Section 15378)

1. Approve Second Reading of Ordinance #318 Regulating Smoking in Multi-Unit Residences

2. Consider approval of Resolution 2024-01 for Submittal of the Annual Progress Report (APR) to the Office of Planning and Research (OPR) and the Office of Housing and Community Development (HCD)

3. Approve a Reimbursement Agreement with Monterey Peninsula Properties and a Proposal from Denise Duffy & Associates to Contract for Environmental Review on the Former Fort Ord

4. Authorize the Mayor to Sign a letter opposing Initiative 21-0042A1, also known as the California Business Roundtable "Taxpayer Protection and Government Accountability Act"

5. Authorize City Manager to Sign Three (3) Year Contract with Chavan and Associates, LLP, Certified Public Accountants

7. OLD BUSINESS:

A. Housing Element Update (6th Cycle)-Denise Duffy and Associates B. Carried Over Item from February 27, 2024, City Council Meeting:

Appeal of Building Official Findings for Tenant Improvement Application at 121 Calle Del Oaks

8. NEW BUSINESS: None

9. STAFF REPORTS:

A. Council Reports
B. City Manager Report

10. CORRESPONDENCE:

A. Mosquito Abatement District Highlights
B. MST Highlights
C. Letter of Appreciation
2 D. TAMC Highlights
E. Monterey County Veterans Issues Advisory Committee Update

11. NEXT MEETING DATE: April 23, 2024 at 6:00pm

12. ADJOURNMENT
Information distributed to the Council at the meeting becomes part of the public record. A copy of written material, pictures, etc. must be provided to the secretary for- this purpose.

All enclosures and materials regarding these agenda items are available for public review at the Del Rey Oaks City Hall, 650 Canyon Del Rey Road, Del Rey Oaks. 3 PROCLAMATION
The City of Del Rey Oaks City Council
Honoring Monterey Bay F.C. upon its selection as the recipient of the 2023 Monterey Peninsula Chamber of Commerce Business of the Year Award.

WHEREAS, Monterey Bay F.C. is a professional men's soccer team founded in February 2021, with a stadium at Cal State Monterey Bay; and is a member of the USL Championship, the second tier of the American soccer league system; and WHEREAS, Monterey Bay F.C. represents both people and place and embodies all that is the wonder, beauty, magic and diversity of Monterey Bay; and WHEREAS, Monterey Bay F.C. is committed to elevating the world’s game in a region that has long embraced soccer. The matches on the campus of Cal State Monterey Bay are a place to gather as a community; and
WHEREAS, Monterey Bay F.C.’s official colors are Crisp Blue, Kelp Blue and White, and they are known as the Crisp-and-Kelp.

NOW, THEREFORE BE IT RESOLVED, that I, the Mayor of Del Rey Oaks, on behalf of the Del Rey Oaks City Council and its citizens thereof, hereby congratulates Monterey Bay F.C. upon its selection as the recipient of the 2023 Monterey Peninsula Chamber of Commerce Business of the Year Award.

Signed this 26
th day of March 2024
________________________________
Scott Donaldson, Mayor
4 Item A.

PROCLAMATION
The City of Del Rey Oaks City Council
Celebrating March 2024 Women’s History Month
WHEREAS, March is National Women’s History Month; and
WHEREAS, we recognize the invaluable contributions of women who have dedicated themselves to advocating for equity, diversity, and inclusion in all aspects of society; and WHEREAS women from diverse backgrounds have long been at the forefront of efforts to address systemic inequities and promote a more inclusive and just society; and WHEREAS the courageous advocacy of women for practical goals such as equity, diversity, and inclusion serves as a beacon of inspiration for all individuals and communities; and WHEREAS, in 2024, we honor the women who have tirelessly worked to dismantle barriers, challenge prejudices, and create opportunities for all individuals, regardless of their background and attacks against Diversity, Equity, and Inclusions programs and training in our institutions;
NOW, THEREFORE BE IT RESOLVED, that I, Mayor Scott Donaldson, do hereby proclaim March 2024 as Women's History Month in The City of Del Rey Oaks; and BE IT FURTHER RESOLVED THAT, we encourage our communities to celebrate the achievements of women who have championed equity, diversity, and inclusion, and reaffirm our commitment to advancing these principles in our society. Let us honor the women who have dedicated themselves to advocating for equity, diversity, and inclusion, and let us continue to work together to build a more just, equitable, and inclusive world.

Signed this 26th day of March 2024
________________________________
Scott Donaldson, Mayor
5 Item B.

City of Del Rey Oaks
City Hall
650 Canyon Del Rey Blvd
Del Rey Oaks, CA 93940
Action Minutes
Tuesday February 27, 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
6 Item 1.
6:00 PM – Called to Order:

The meeting was called to order by Mayor Donaldson.

Roll Call:

Present: Mayor Donaldson, Councilmember Uy, Councilmember Shirley, Councilmember Hallock, and Councilmember Ragsdale-Cronin.

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

Mayor Donaldson led the Pledge of Allegiance
Public Comment:

Gary Kreeger: Thanks to the Mayor, Ron Fucci and the Police Department for everything they did during the storm with the swaying PG&E pole at his house.

Carol Kaplan: No action yet by City Council regarding the Surplus Land Act letter.

Proclamation: Mayor Donaldson reads Celebrating Black History Month Proclamation CONSENT AGENDA: Action Items
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. Financials 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 contract to Julian Tree Care for Cal Fire Grant project A motion was made by Council Member Ragsdale-Cronin, seconded by Council Member Uy to approve the Consent Agenda as presented. 7 Item 1.

Motion passed unanimously 5-0
PUBLIC COMMENT:

None
OLD BUSINESS:

A. Carried Over Item from January 23, 2024, City Council Meeting:

Appeal of Building Official Determination Regarding Square Footage Calculations at 121 Calle Del Oaks
A motion was made by Council Member Ragsdale-Cronin, seconded by Vice Mayor Uy to continue public hearing until the March meeting.

A motion was made by Council Member Shirley, seconded by Council Member Uy to approve the continuance of this item to March 26, 2024 Regular City Council Meeting.

Motion passed unanimously 4-1 (Hallock Abstained)
NEW BUSINESS:

A. Approve First Reading of Ordinance Regulating Smoking in Multi-Unit Residences City Manager Guertin reviews staff report for item and explains it’s the first reading.

Council Member Hallock: Thanks Council Member Shirley
Council Member Shirley: Thanks Council Member Hallock and City Manager Guertin.

Received a letter of support from the Blue Zone.

Council Member Ragsdale-Cronin: Glad we are doing it but doesn’t want the PD to be called and involved with complaints. Hope the Oaks works it out internally.

Mayor Donaldson: Echo’s all comments, especially not calling the PD for enforcement.

PUBLIC COMMENTS:

Helen Birdsong: Should be easy transition, thanks everyone.

Oaks Resident: Has asthma and thanks all.

Gonzalo from Monterey County: Call County and not the PD, they will help out.

City Manager Guertin: Takes effect May 1st for new residents and Oct 1st for existing residents.

A motion was made by Council Member Hallock, seconded by Council Member Shirley to approve the 1st reading of Ordinance 318.

Motion passed unanimously 5-0.

B. Approve Mid-Year FY 2023-24 Budget Recommendation
City Manager Guertin: introduced Elizabeth Mariano with RGS.

Elizabeth Mariano: shares her screen to review the status of the city and the recommended changes at mid year.
8 Item 1.

Council Member Uy: Thanks all.

Council Member Hallock: This is great.

Council Member Shirley: What about grant wiring and strategic planning cost? City Manager Guertin: Not for grant writing this year, that will go towards Sherman Lows time on the grants that we have been awarded. Strategic Planning will hopefully happen this year, even if the city has to facilitate it.

Council Member Ragsdale-Cronin: Thanks all.

Mayor Donaldson: Taxes are holding steady. Glad that the City Manager is keeping legal fees down this year. Still have delinquent cannabis taxes.

PUBLIC COMMENT:

Gary Kreeger: Vacancy tax is needed.

Mike Hayworth: Great job, let’s get used to it!
A motion was made by Council Member Uy, seconded by Council Member Ragsdale-Cronin to approve Mid-Year FY 2023-24 Budget Recommendations Motion passed unanimously 5-0.

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
City Manager Guertin: Explains how TOT works in Del Rey Oaks and how it is different because we don’t have a conference center and hotel to worry about right now. Reviews the surrounding cities tax rates. The process of putting this on the November ballot, 50% plus 1 is needed. Much needed boost. Potential $40,0000 if raised from 10% to 12%.

Council Member Hallock: A lot to offer in Del Rey Oaks, wants to encourage a higher increase.

Council Member Shirley: Any potential push back from increase? Council Member Ragsdale-Cronin: Need to take a bite at the apple, maybe 14% or 15% increase.

Mayor Donaldson: All of our neighbors at 12%, believes we can go higher. Asks the City Manager to speak with other City Managers about it. Good to do it only once, because of the election cost.

PUBLIC COMMENT:

Ann Ahmadi: Homeowners of STR’s won’t care. Be careful of wording on ballot.

Gary Kreeger: Location is important, supports an increase.

Mike Hayworth: Time to do 14%.

PUBLIC COMMENT CLOSES
Council Member Uy: Just have it on ballot once and go to 15%, others will follow.

Council Member Hallock: Feasible to go up to 15%
Council Member Shirley: Cost of election? Asks City Manager to talk to other cities.

Council Member Ragsdale-Cronin: We will hear about it, if someone doesn’t like it.

Mayor Donaldson: Great feedback. Thanks all.
9 Item 1.

City Manager Guertin: There are cupcakes from Council Member Ragsdale-Cronin because of the 5th cycle Housing Element. Letter regarding 6th Housing Element only 6 pages. .

NEXT MEETING DATE: Tuesday, March 26, 2024 at 6:00pm
ADJOURNMENT 7:15pm
Attest: Date:
------------------------------------------ ------------------------------------------------- 10 Item 1.

City of Del Rey Oaks
City Hall
650 Canyon Del Rey Blvd
Del Rey Oaks, CA 93940
Action Minutes
Wednesday, February 14, 2024 - 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
11 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 and Commissioner Ahmadi
Staff Present:

City Manager Guertin and City Clerk Minami
Pledge of Allegiance:

Chair Hayworth led the Pledge of Allegiance.

Consent Agenda:

A. Adopt December 12, 2023, Planning Commission Meeting Minutes
A motion to approve was made by Commissioner Goetzelt and seconded by Commissioner Kreeger. Minutes were approved 7-0
Public Comment:

None
Reports:

The November Building Activity Report was accepted unanimously.

City Clerk Minami mentioned error found after publication of packet.

Old Business:

None
New Business:

Applicant’s Name: Vincent Machi
Owner’s Name: Vincent Machi
File Number: ARC #24-01
Site Location: 985 Rosita Rd
Planning Area: APN #012-544-011
CEQA Determination: Categorically Exempt pursuant to
Guidelines § 15061(c) and 15301
12 Item 2.

Project Description: Requesting Architectural Review to add a 143 square foot addition to the rear of the
single family dwelling.

Recommended Action: Analyze provided material, make
appropriate findings, impose conditions as
appropriate, and give direction to staff.

Vice Chair Wood steps down from dais, due to proximity of her home to the project.

Applicant explains the project and answered questions from the Commissioners Commissioner Kreeger makes Motion to Approve ARC #24-01 as presented, Commissioner Jaksha seconds the motion.

Passes 6-0
Public Comment:

None
Announcements:

Commission Kreeger: Earth Day and the Ice Cream Social April 20, 2024
Commissioner Pinet: Lots of reading and research
Commissioner Ahmadi: Looking forward to conference in March Next Meeting:

Wednesday, March13, 2024 at 6pm
Adjournment:
6:20pm
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.
13 Item 2.

Staff Report
DATE: March 26, 2024
TO: Honorable Mayor and Members of the City Council
FROM: John Guertin, City Manager
SUBJECT: Receive February 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 February 2024.

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

Summary & Discussion
Attached are the February 2024 financial reports.
• February 2024 Cash Balances – The report shows where the City’s funds are invested. The City continue to have a healthy cash balance $13,188,964 of which $4,514,965 are unrestricted.
• February 2024 Checks Issued Register –This is a listing of all the payments issued during the month. The total checks issued of $259,703.18.
• February 2024 General Fund Summary – This is a one-page summary of the General Fund summarized as follows:

At 67% of the year (8 months) the revenues are slightly higher at 68% due to the receipt of Property Taxes in December and the expenditures are at 61% of the budget. For the month 14 Item 1.
of February 2024, General Fund shows a net operating surplus of $40,248 and a year-todate operating surplus in the amount of $461,338. • February 2024 YTD Budget v. Actual Detail – This report shows the line-item detail for all revenues and expenditures by fund and department summarized as follows:

The following departments are above the 68%:

Finance at 72%: The audit charges were paid in full for the services provided for the FY 2023 audit.

Planning& Building Regulation at 91%: The invoices from Denise Duffy & Associates for the period June-September 2023 were paid this month. Neill Engineers Corp invoices from April 2023 through December 2023 were also paid this month.

Non-Departmental at 118%: The first and second installment from MBSIA for liability, property and workers comp insurances are paid in full. Most of the annual membership dues were also paid.

Final review will be completed at fiscal year end and necessary budget adjustments will be made.

Fiscal Impacts
None. This is informational only.

Recommendation
Staff recommends receiving the reports.
15 Item 1.

ATTACHMENTS:
• February 2024 Cash and Investment
• February 2024 Checks Register
• February 2024 General Fund Summary
• February 2024 YTD Budget v. Actual Detail
Respectfully Submitted,
_______________________________
John Guertin
City Manager
16 Item 1.

Accounts
Unrestricted
General Checking $ 592,761.18
Local Agency Investment Fund
Reserve for Economic Uncertainties 1,652,182.00 4.122%
Unappropriated Funds 2,270,021.64 4.122%
Total Unrestricted 4,514,964.82
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 $ 13,188,964.40
City of Del Rey Oaks
Summary of Cash & Investments
As of February 29, 2024
17 Item 1.

Check Number Payee Transaction Description Check Amount 21865 ABILA #1050-1000209714 - Annual Accounting Suscription 02-12-24 to 02-11- 4,152.39 21866 CALIFORNIA-AMERICAN WATER Acct #1015-210018796550 Service Period 12-21-23 to 01-22-24 40.42 CALIFORNIA-AMERICAN WATER Acct #1015-210018799016 Service Period12-21-23 to 01-22-24 40.42 CALIFORNIA-AMERICAN WATER Acct #1015-210018869991 Service Period 12-21-23 to 01-22-24 167.75 CALIFORNIA-AMERICAN WATER Acct #1015-210021092445 Service Period 12-21-23 to 01-22-24 36.21 CALIFORNIA-AMERICAN WATER Acct #1015-210021255352 Service Period 12-20-23 to 01-19-24 35.98 CALIFORNIA-AMERICAN WATER Acct #1015-210021327653 Service Period 12-21-23 to 01-22-24 129.24 CALIFORNIA-AMERICAN WATER Acct #1015-210021396208 Service Period 12-21-23 to 01-22-24 44.62 CALIFORNIA-AMERICAN WATER Acct #1015-210021397607 Service Period 12-21-23 to 01-22-24 117.23 21867 DENISE DUFFY & ASSOCIATES #8808 - July 2023 Planning & Consulting Service 3,435.00 DENISE DUFFY & ASSOCIATES #8810 July 2023 Task# 779-B Planning & Consulting Services 121.00 DENISE DUFFY & ASSOCIATES #8966 - July 2023 Task# 772-Planning & Consulting Services 6,470.50 DENISE DUFFY & ASSOCIATES #8967 - August 2023 Task# 783 Planning & Consulting Services 60.50 DENISE DUFFY & ASSOCIATES #8968 - August 2023 Task#776 Planning & Consulting Services 6,878.50 DENISE DUFFY & ASSOCIATES Inv #8807 - July 2023 Ft Ord Task# 772 2,178.00 DENISE DUFFY & ASSOCIATES #8971 - August 2023 Task# 782 Constract Services 484.50 DENISE DUFFY & ASSOCIATES #8965 - August 2023 Task 779-C HE 6th 18,070.00 DENISE DUFFY & ASSOCIATES 8704 - July 2023 - Task 779-C HE 6th Cycle 77,380.00 21868 GLOBALSTAR USA Acct #AC00115154 Wireless Service Period 01-16-24 to 02-15-24 133.41 21869 G.P.S. SOLUTIONS #77 January 2024 - Building Permits, Inspections 5,443.65 21870 JAMES DE CHALK Inv #374818 January 2024 - Janitorial Service 500.00 21871 MONTEREY BAY TECHNOLOGIES, INC. 246020 - February 2024 IT Services 1,800.00 MONTEREY BAY TECHNOLOGIES, INC. ESET EndPoint Protection-Antivirus Period of 01-05-24 to 01-04-25 809.00 21872 MONTEREY TIRE SERVICE Inv 1-116453 - New Tires & Balance, Disposal Fee 553.81 21873 ODP Business Solutions, LLC Inv #346522458001 Supplies 196.33 ODP Business Solutions, LLC Inv #347615328001 Office Supplies 64.65 21874 PRECISION ALARMS AND AUTOMATION, INC. January 2024 - Fire Alarm Systems Monitoring 170.00 21875 PROAC LEGAL DEFENSE FUND Assn ID 3163 - December 2023 Legal Defense Dues 104.00 21876 US Bank Equipment Finance Contract #0687291 - February 2024 - Konica Minolta Copier 135.64 21877 Verizon Acct #342533778-001 Mobile Service Period 12-24-23 to 01-23-24 80.02 21878 VSP ID #30004100 - February 2024 Vision Plan 261.27 21879 Leigh Fitz Fitz L. Final Check 1,763.66
21880 AFLAC Acct #QAE62 Jan 2024 Monthly Premium 381.70 21881 ANDRES FLORES 460768 Lights repair 250.00
21882 AT&T MOBIILITY Acct #287290891231 Mobile Service Period 02-03-24 to 03-03-24 614.17 AT&T MOBIILITY Acct #287304221758 Mobile Service Period 02-03-24 to 03-03-24 40.24 21883 Better Earth Inc Permit #B2313-821 Altura Pl - Permit Cancellation - Refund 180.00 21884 BRIAN PEREZ Conference 02-09-2024 422.75
21885 Cal Fire - Dept of Forestry NOV 2023 - Crew Work 681.24 Cal Fire - Dept of Forestry OCT 2023 Crew Work 1,454.16 21886 CHAVAN AND ASSOCIATES, LLP C&A18152 - FY 22/23 Audit SCO & AUP 7,000.00 CHAVAN AND ASSOCIATES, LLP FY 2022/23 City Audit & Measure X 14,450.00 21887 CoPower ID #145153 MAR 2024 Dental Plan 2,177.32
21888 COMCAST BUSINESS Acct #8155100280008479 Service Period 02-10-24 to 03-09-24 368.13 21889 CORELOGIC SOLUTIONS, LLC. Inv #30705133 JAN 2024 Data Research 171.00 21890 Dalila Ramirez Park Rental Calcellation Refund 250.00 21891 DENISE DUFFY & ASSOCIATES SEPT 2023 - MPE Task 783 Planning Services 350.00 DENISE DUFFY & ASSOCIATES SEPT 2023 - Task #772 Planning Services 3,506.00 DENISE DUFFY & ASSOCIATES SEPT 2023 -Task #776 Planning Services 4,884.50 DENISE DUFFY & ASSOCIATES SEPT 2023 - Task 779-C Housing Element 6th C 10,250.00 21892 ECONOMIC&PLANNING SYSTEMS, INC. JAN 2024 - Planning Services 6,236.25 21893 Enza Sanchez West BBQ/Park Cancellation Refund 50.00 21894 Evident, Inc Cust #66872 - Evidence Supplies 1,730.88 City of Del Rey Oaks
Check/Voucher Register
From 02/01/2024 Through 02/29/2024
18 Item 1.

Check Number Payee Transaction Description Check Amount City of Del Rey Oaks
Check/Voucher Register
From 02/01/2024 Through 02/29/2024
21895 FENTON & KELLER Jan 2024 - Professional Services 7,117.50 FENTON & KELLER JAN 2024 - Professional Services -PRA 390.00 21896 Hana Gardens Seaside #220000222386 Supplies 29.58 21897 ID Concepts #24119 Office Supplies 122.30
21898 I.D. CHECKING GUIDE #826638 ID Checking Guides Manual 56.81 21899 LEAGUE OF CALIFORNIA CITIES Inv #8313 - 2024 Membership Dues 300.00 21900 MBS BUSINESS SYSTEMS, INC. Acct #3948511 - Meter Service Period 11-07-23 to 02-06-24 174.61 21901 Monterey County, Environmental Health LUC MOA FY23/24 #3 12.08 21902 MONTEREY COUNTY WEEKLY CLASSIFIEDS #109-060200-00001 Legal Notice 263.25 MONTEREY COUNTY WEEKLY CLASSIFIEDS Acct #060200-00001 Legal Notice 263.25 21903 MONTEREY CTY MAYOR'S ASSN 2024 Annual Dues 1,575.83 21904 MONTEREY ONE WATER 09-000306 Service Period 01-01-24 to 02-29-24 81.02 21905 MP EXPRESS #73312 Office Supplies 825.85
21906 Napa Auto Parts 4006-037102 - Auto Parts 196.55
21907 ODP Business Solutions, LLC Acct #29696772 Office Supplies 59.08 ODP Business Solutions, LLC Acct #29696772 - Office Supplies 61.16 21908 PG&E 6817283169-2 Service Period 01-12-24 to 02-12-24 85.70 PG&E Acct #4283033409-2 Service Period 12-21-23 to 01-22-24 2,859.99 21909 PURE WATER 428715 Supplies 74.75
21910 REGIONAL GOVERNMENT SERIVCES #16279 JAN 2024 Accounting Services 21,874.68 21911 Stericycle, Inc. Cust #1000110277 JAN 2024 172.09 21912 T-Mobile USA Inc. Law Enforcement Finance #9548103915 - GPS Locate/Timing Advance 25.00 21913 TERMINIX, INC. Acct #6099531 - January 2024 Pest Control 109.00 21914 THE MAYNARD GROUP, INC. Acct #AC3744 - January 2024 Telephon Service Period 67.00 21915 US Bank Equipment Finance Acct #500-0673430 - FEB 2024 Konica Copier 397.84 21916 US Treasury Agreement #N00164LE0950-23 Service Period 11-16-23 to 11-16-24 300.00 21917 NORTH BAY PENSIONS FY 2023 GASB 68 1,200.00
021624-1 PERS PERS 3100 Contribution Retirement 01/27-02/09/24 -Plan 1364 592.43 PERS PERS 3100 Contribution Retirement 01/27-02/09/24 -Plan 25623 3,836.21 PERS PERS 3100 Contribution Retirement 01/27-02/09/24 -Plan 26934 1,924.72 PERS PERS 3100 Contribution Retirment 01/27-02/09/24 -Plan 1365 4,059.41 022924-0 PERS PERS 3100 Contribution Retirement 02/10-02//23/24 -Plan 26934 1,618.43 PERS PERS 3100 Contribution Retirement 02/10-02/23/24 -Plan 1364 592.43 PERS PERS 3100 Contribution Retirement 02/10-02/23/24 -Plan 25623 3,830.42 PERS PERS 3100 Contribution Retirment 02/10-02/23/24 -Plan 1365 4,353.99 PERS 020224 PERS CalPERS 1900 457 (02/02/24) Contribution 02/15/2024 2,300.00 PERS PERS 3100 Contribution Retirement 01/13-01/26/24 -Plan 1364 621.33 PERS PERS 3100 Contribution Retirement 01/13-01/26/24 -Plan 25623 3,846.01 PERS PERS 3100 Contribution Retirement 01/13-01/26/24 -Plan 26934 1,942.46 PERS PERS 3100 Contribution Retirment 01/13-01/26/24 -Plan 1365 4,184.38 Report Total 259,703.18
19 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-General Fund Summary 100 - General Fund
From 2/1/2024 Through 2/29/2024
FY 2024 Budget -
Revised
February 2024
Actual
FY 2024 YTD
Actual
Percent
Collected/Spent
Revenue
Property Taxes 770,100.00 0.00 455,472.24 59.14%
Sales Tax 1,313,000.00 116,567.68 935,846.21 71.27%
Other Taxes 500,650.00 18,015.87 372,750.25 74.45%
Licenses and Permits 286,300.00 8,524.77 263,260.47 91.95% Fines and Forfeitures 12,200.00 435.61 10,311.44 84.52% Other Revenue 125,700.00 1,987.78 123,094.04 97.92%
Grants 303,850.00 19,000.78 237,531.89 78.17%
Airport Police Services 1,376,500.00 110,457.00 773,199.00 56.17% Current Services 229,200.00 17,776.85 174,265.62 76.03% Total Revenue 4,917,500.00 292,766.34 3,345,731.16 68.04% Expenditures
Council 32,200.00 2,763.42 13,923.57 43.24%
City Clerk 455,470.00 18,441.86 251,999.85 55.32%
City Manager 318,300.00 18,358.96 205,863.27 64.67%
Audit/Treasurer 303,852.39 44,177.07 219,292.78 72.17%
Legal 153,300.00 8,034.00 58,478.88 38.14%
Planning & Building
Regulation
122,400.00 39,563.90 111,429.95 91.03%
Government Buildings 19,100.00 359.00 2,613.01 13.68%
Non-Departmental 42,700.00 180.00 50,191.77 117.54%
Police 2,667,800.00 107,050.54 1,662,826.88 62.32%
Fire/Animal Control 227,600.00 0.00 113,757.50 49.98%
Public Works/Streets 340,830.00 13,310.82 166,133.28 48.74% Parks/Recreation 43,500.00 278.90 27,882.14 64.09%
Total Expenditures 4,727,052.39 252,518.47 2,884,392.88 61.02% Net Revenues 190,447.61 40,247.87 461,338.28
Other Financing Sources and
Uses
Uses
Transfers Out to CIP (198,900.00) 0.00 0.00 0.00%
Total Uses (198,900.00) 0.00 0.00 0.00%
Total Other Financing Sources
and Uses
(198,900.00) 0.00 0.00 0.00%
Net Revenues After Other
Financing Sources and Uses
(8,452.39) 40,247.87 461,338.28
20 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 100 - General Fund
From 2/1/2024 Through 2/29/2024
Revised
FY 2024 Budget -
Actual
February 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 26,900.00 0.00 26,962.16 100.23%
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 37,055.35 304,537.26 64.79%
Sales Tax - 145 (Measure
S-1%)
42220 562,000.00 54,798.56 447,945.18 79.70%
Sales Tax -409 (Measure R
1/2%)
42221 281,000.00 24,713.77 183,363.77 65.25%
Cannabis Tax 42222 99,000.00 7,046.57 83,162.89 84.00%
Cannabis Tax-Delinquent 42223 10,000.00 0.00 4,000.00 40.00% Transient Occupancy Tax 42230 190,000.00 4,709.77 159,662.46 84.03% Property Transfer Tax 42250 8,150.00 0.00 8,677.08 106.46% Sewer Impact 42290 15,000.00 0.00 21,650.14 144.33%
Business Licenses 42310 210,000.00 431.00 212,388.04 101.13% 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 0.00 76,885.13 76.88% Cable Tv Franchises 42764 26,000.00 6,259.53 18,712.55 71.97% Water Franchises 42765 23,000.00 0.00 0.00 0.00%
SB1186 Disability Access Fund 43311 1,000.00 24.00 438.00 43.80% SB1473 Environmental
Assessment Fee
43312 100.00 12.00 83.80 83.80%
Building Permits 43320 40,000.00 5,722.63 30,664.45 76.66% Cannabis Business Permit 43325 10,000.00 0.00 0.00 0.00% Plan Check Fees 43330 17,000.00 1,734.14 14,424.18 84.84% Street Opening Permits Fees 43340 5,000.00 500.00 3,700.00 74.00% Plumbing Permits 43350 1,600.00 125.00 1,500.00 93.75%
Electrical Permits 43360 1,600.00 0.00 500.00 31.25%
Other Licenses/Permits 43390 1,000.00 0.00 0.00 0.00%
Fines & Forfeitures 45000 1,700.00 73.61 1,525.44 89.73% Vehicle Code Fines 45510 3,500.00 250.00 1,714.00 48.97% Parking and Admin Fines 45512 7,000.00 112.00 7,072.00 101.02% Interest Earned 46100 120,000.00 0.00 103,695.91 86.41% Interest Earned-PARS 46101 2,500.00 0.00 16,027.93 641.11% Rental Income - Garden Center 46815 36,000.00 3,000.00 24,000.00 66.66% Rental Income - Airport RV 46816 35,000.00 4,092.00 31,501.47 90.00% Rental Income - PW Bldg (CHC
Enterprise)
46817 24,000.00 0.00 10,000.00 41.66%
HOPTR 47130 1,200.00 0.00 309.19 25.76%
Vehicle License Collection 47140 0.00 1,963.78 1,963.78 0.00% COPS 47240 165,200.00 16,666.66 161,158.97 97.55%
AMBAG REAP Grant - Housing
Element
47241 20,980.00 0.00 20,980.25 100.00%
HCD LEAP Grant - Housing
Element
47242 18,300.00 0.00 18,226.50 99.59%
SB1383 Organics Recycling 47243 9,000.00 0.00 4,957.78 55.08% 21 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 100 - General Fund
From 2/1/2024 Through 2/29/2024
Revised
FY 2024 Budget -
Actual
February 2024
Actual
FY 2024 YTD
Collected/Used
Percent
Prop 172 47750 25,000.00 1,430.99 12,168.61 48.67%
Wellness Program 47760 7,500.00 0.00 7,500.00 100.00%
Police Grants & Other
Reimbursements
47780 6,250.00 0.00 5,982.87 95.72%
POST Reimbursements 47781 5,500.00 903.13 6,556.91 119.21% DEA Reimbursements 47782 22,000.00 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 75.00 982.00 98.20%
Police Services-Special Events 48211 48,000.00 0.00 17,687.50 36.84% Public Events 48212 7,500.00 0.00 7,500.00 100.00%
Use Permits 48805 20,000.00 4,200.00 20,940.89 104.70%
Maps/Publications 48810 100.00 0.00 0.00 0.00%
Property Inspections 48825 4,500.00 0.00 1,250.00 27.77% Miscellaneous Revenue 48840 50,000.00 6,459.85 57,054.54 114.10% Rental - Park 48910 3,100.00 (50.00) 3,349.22 108.03%
Miscellaneous Refunds 48930 1,000.00 0.00 659.23 65.92% Total Non Department Specific 3,522,700.00 182,309.34 2,572,532.16 73.03% Police 210
Airport Police Services 48220 1,376,500.00 110,457.00 773,199.00 56.17% Total Police 1,376,500.00 110,457.00 773,199.00 56.17%
Total Revenue 4,899,200.00 292,766.34 3,345,731.16 68.29% Expense
Council 110
Council Member Stipend 61115 7,500.00 625.00 3,272.31 43.63% Medicare-ER 61130 200.00 9.06 72.48 36.24%
Social Security-ER 61131 500.00 38.75 310.00 62.00%
Unemployment Ins-Fed & State 61132 100.00 3.75 30.00 30.00% Dental Expense 61135 10,750.00 511.03 3,440.69 32.00%
Materials/Supply 62410 150.00 0.00 100.00 66.66%
Membership Dues-Professional
Org
64550 4,000.00 1,575.83 1,916.18 47.90%
Strategic Planning 64570 5,000.00 0.00 0.00 0.00%
Misc Expenses 64580 0.00 0.00 924.83 0.00%
Travel Expenses 64610 4,000.00 0.00 3,857.08 96.42%
Total Council 32,200.00 2,763.42 13,923.57 43.24%
City Clerk 111
Payroll 61105 149,600.00 13,826.17 94,639.46 63.26%
Overtime 61110 20,000.00 625.14 3,834.49 19.17%
PERS UAL 61124 36,900.00 0.00 36,879.00 99.94%
PERS Retirement 61125 13,800.00 1,380.53 8,213.90 59.52% Medicare-ER 61130 2,200.00 183.97 1,393.93 63.36%
Unemployment Ins-Fed & State 61132 200.00 17.51 84.00 42.00% Dental Expense 61135 3,200.00 190.76 1,526.08 47.69%
Health Insurance 61140 60,500.00 0.00 26,168.33 43.25%
Health Insurance -Retiree 61141 1,800.00 0.00 0.00 0.00% Vision Ins 61145 500.00 27.89 211.74 42.34%
Workers Comp and EAP 61150 9,100.00 0.00 9,337.48 102.60% Wellness Program 61155 1,000.00 0.00 1,108.66 110.86%
Materials/Supply 62410 16,300.00 102.82 2,100.87 12.88% Office Supplies 62430 11,200.00 94.19 2,907.14 25.95%
Repair/Maintenance 63505 1,000.00 0.00 597.23 59.72%
Other Outside Services 63508 3,000.00 397.84 3,168.09 105.60% 22 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 100 - General Fund
From 2/1/2024 Through 2/29/2024
Revised
FY 2024 Budget -
Actual
February 2024
Actual
FY 2024 YTD
Collected/Used
Percent
Shredding Services 63509 1,000.00 86.04 617.04 61.70%
Telephone 63530 7,700.00 33.50 4,307.35 55.93%
Website Design & Maintenance 63535 3,800.00 0.00 0.00 0.00% Postage / Shipping 63540 3,000.00 0.00 1,126.20 37.54%
Training 63605 5,000.00 0.00 1,324.59 26.49%
Insurance-Liability 63620 17,370.00 0.00 17,369.57 99.99% Insurance-Property 63621 1,300.00 0.00 1,264.14 97.24%
Contract Services - IT 63635 7,800.00 900.00 9,593.75 122.99% HR Services-RGS 63652 31,500.00 0.00 0.00 0.00%
Temporary Assistance 63657 10,000.00 0.00 6,514.20 65.14% Software/Server Subscription 64310 10,000.00 575.50 7,387.51 73.87% 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 0.00 924.83 0.00%
Travel Expenses 64610 700.00 0.00 602.35 86.05%
Furniture & Equipment 66300 3,000.00 0.00 174.79 5.82%
Total City Clerk 455,470.00 18,441.86 251,999.85 55.33% City Manager 120
Payroll 61105 202,100.00 15,548.80 127,276.57 62.97%
PERS UAL 61124 1,000.00 0.00 0.00 0.00%
PERS Retirement 61125 14,800.00 1,676.01 6,946.86 46.93% Medicare-ER 61130 2,800.00 225.46 1,889.56 67.48%
Unemployment Ins-Fed & State 61132 100.00 0.00 42.00 42.00% Dental Expense 61135 1,600.00 193.29 1,546.32 96.64%
Health Insurance 61140 30,200.00 0.00 22,138.96 73.30%
Vision Ins 61145 200.00 0.00 118.40 59.20%
Workers Comp and EAP 61150 11,700.00 0.00 11,802.74 100.87% Wellness Program 61155 500.00 0.00 0.00 0.00%
Admin Leave 61175 0.00 0.00 3,109.76 0.00%
Auto Allowance 61180 5,400.00 415.40 3,323.16 61.54%
Office Supplies 62430 1,500.00 0.00 641.31 42.75%
Insurance-Liability 63620 22,405.00 0.00 22,402.12 99.98% Insurance-Property 63621 1,645.00 0.00 1,629.24 99.04%
Membership Dues-Professional
Org
64550 2,800.00 0.00 300.00 10.71%
Membership Dues-Government
Agency
64552 0.00 300.00 300.00 0.00%
Books and Periodicals 64565 300.00 0.00 0.00 0.00%
Travel Expenses 64610 8,000.00 0.00 2,396.27 29.95%
Contingency 66905 11,250.00 0.00 0.00 0.00%
Total City Manager 318,300.00 18,358.96 205,863.27 64.68% Finance 130
ADP Payroll Fees 62310 7,000.00 0.00 4,338.21 61.97%
Bank Service Charges 62320 6,000.00 0.00 2,910.33 48.50% Grant Writing Services 62327 30,000.00 0.00 4,458.00 14.86% Accounting Software 62431 8,652.39 4,152.39 12,646.14 146.15% Audit-Finance 63625 34,800.00 16,950.00 33,900.00 97.41% 23 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 100 - General Fund
From 2/1/2024 Through 2/29/2024
Revised
FY 2024 Budget -
Actual
February 2024
Actual
FY 2024 YTD
Collected/Used
Percent
Audit -Sales Tax 63626 5,000.00 0.00 0.00 0.00%
Actuarial Services 63627 4,500.00 1,200.00 1,200.00 26.66% Accounting Services-RGS 63645 207,900.00 21,874.68 159,840.10 76.88% Total Finance 303,852.39 44,177.07 219,292.78 72.17%
Legal 150
Legal Services 63650 150,000.00 7,507.50 55,658.33 37.10% Legal Advert 64560 2,300.00 526.50 2,360.61 102.63%
Misc Expenses 64580 1,000.00 0.00 459.94 45.99%
Total Legal 153,300.00 8,034.00 58,478.88 38.15%
Planning & Building Regulation 160
Economic Development
Services
63639 20,000.00 0.00 0.00 0.00%
Planning Services 63640 40,000.00 33,999.25 55,086.75 137.71% Contract Services - Housing
Element
63642 17,000.00 121.00 16,856.15 99.15%
Building Inspections Services 63648 32,400.00 5,443.65 30,776.74 94.98% Engineering Services 63649 5,000.00 0.00 3,929.25 78.58% Code Enforcement Services 63656 5,000.00 0.00 954.50 19.09% Travel Expenses 64610 3,000.00 0.00 3,826.56 127.55%
Total Planning & Building
Regulation
122,400.00 39,563.90 111,429.95 91.04%
Government Buildings 180
Repair/Maintenance 63505 15,100.00 0.00 346.01 2.29%
Other Outside Services 63508 1,000.00 109.00 517.00 51.70% Janitorial Services 63660 3,000.00 250.00 1,750.00 58.33% Total Government Buildings 19,100.00 359.00 2,613.01 13.68% Non-Departmental 190
Materials/Supply 62410 5,800.00 0.00 65.24 1.12%
Telephone 63530 1,000.00 0.00 123.32 12.33%
Insurance-Liability 63620 12,830.00 0.00 12,829.74 99.99% Insurance-Property 63621 1,880.00 0.00 1,875.35 99.75%
Membership Dues-Professional
Org
64550 2,590.00 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 5,500.00 0.00 5,131.68 93.30%
Misc Expenses 64580 1,000.00 180.00 21,772.49 2,177.24% S.M.I.P. 64930 200.00 0.00 49.23 24.61%
SB 1473 64940 100.00 0.00 65.72 65.72%
Total Non-Departmental 42,700.00 180.00 50,191.77 117.55% Police 210
Payroll 61105 1,036,000.00 78,755.37 607,528.64 58.64%
Overtime 61110 140,000.00 6,720.45 90,483.79 64.63%
Overtime-DEA 61111 44,000.00 606.22 13,147.94 29.88%
Reserves Payroll 61120 95,000.00 6,686.25 58,751.70 61.84% PERS UAL - After 06/30/18 61123 1,050.00 0.00 1,020.00 97.14% PERS UAL 61124 101,950.00 0.00 101,918.00 99.96%
PERS Retirement 61125 136,500.00 14,554.05 89,147.18 65.30% PERS 457 Expense 61126 32,400.00 3,600.00 20,700.00 63.88% Medicare-ER 61130 15,700.00 1,375.82 11,198.09 71.32%
Social Security-ER 61131 1,600.00 33.16 784.43 49.02%
Unemployment Ins-Fed & State 61132 10,500.00 43.76 566.98 5.39% 24 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 100 - General Fund
From 2/1/2024 Through 2/29/2024
Revised
FY 2024 Budget -
Actual
February 2024
Actual
FY 2024 YTD
Collected/Used
Percent
Dental Expense 61135 17,900.00 1,155.26 9,909.63 55.36% Health Insurance 61140 296,400.00 0.00 134,732.90 45.45% Health Insurance -Retiree 61141 2,000.00 0.00 1,063.00 53.15% Vision Ins 61145 2,900.00 216.87 1,627.94 56.13%
Workers Comp and EAP 61150 172,400.00 0.00 173,311.44 100.52% Wellness Program 61155 5,300.00 0.00 0.00 0.00%
Uniform Allowance 61160 10,000.00 2,250.00 4,500.00 45.00% Materials/Supply 62410 18,670.00 1,858.69 8,247.62 44.17% Ammunition 62420 5,000.00 0.00 3,905.89 78.11%
Body Armor Vests 62422 12,150.00 0.00 12,142.15 99.93%
Office Supplies 62430 5,000.00 977.69 2,579.10 51.58%
Auto Operations - Supplies /
Equip
62710 2,500.00 0.00 0.00 0.00%
Auto Operations - Fuel 62720 30,000.00 0.00 21,172.66 70.57% Repair/Maintenance 63505 14,000.00 0.00 605.00 4.32%
Other Outside Services 63508 0.00 480.25 3,151.41 0.00% Shredding Services 63509 1,000.00 86.05 617.05 61.70%
Telephone 63530 14,000.00 901.34 10,744.62 76.74%
Internet 63531 6,500.00 368.13 4,962.02 76.33%
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 0.00 3,291.75 21.94%
Insurance-Liability 63620 125,435.00 0.00 143,389.30 114.31% Insurance-Property 63621 10,075.00 0.00 10,065.45 99.90% Audit-Finance 63625 4,500.00 4,500.00 4,500.00 100.00%
Contract Services - IT 63635 12,900.00 900.00 9,281.25 71.94% Contract Services-Others 63637 4,200.00 12.08 2,803.13 66.74% HR Services-RGS 63652 3,000.00 0.00 0.00 0.00%
Janitorial Services 63660 3,000.00 250.00 1,750.00 58.33% 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 14,000.00 750.36 11,768.71 84.06% Parking & Admin Citations
Services
63812 5,000.00 0.00 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 14,000.00 704.50 13,564.53 96.88% 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 5,000.00 104.00 5,050.51 101.01%
Books and Periodicals 64565 900.00 56.81 252.40 28.04%
Printing / Publications 64575 3,000.00 0.00 1,079.21 35.97% Misc Expenses 64580 0.00 (21,319.32) (20,394.49) 0.00%
25 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 100 - General Fund
From 2/1/2024 Through 2/29/2024
Revised
FY 2024 Budget -
Actual
February 2024
Actual
FY 2024 YTD
Collected/Used
Percent
Travel Expenses 64610 13,000.00 422.75 5,877.54 45.21%
Principal-Motorola
Lease-Cameras
65104 21,350.00 0.00 21,319.32 99.85%
Vehicle Replacement 66735 80,000.00 0.00 0.00 0.00%
Total Police 2,667,800.00 107,050.54 1,662,826.88 62.33% Fire/Animal Control 220
Fire Seaside 63810 227,600.00 0.00 113,757.50 49.98%
Total Fire/Animal Control 227,600.00 0.00 113,757.50 49.98% Public Works/Streets 311
Payroll 61105 83,600.00 6,428.80 51,503.93 61.60%
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 6,500.00 740.61 4,425.49 68.08%
Medicare-ER 61130 1,300.00 93.22 745.76 57.36%
Unemployment Ins-Fed & State 61132 100.00 3.43 42.01 42.01% Dental Expense 61135 1,600.00 126.98 1,015.84 63.49%
Health Insurance 61140 30,300.00 0.00 17,029.98 56.20%
Vision Ins 61145 300.00 16.51 132.08 44.02%
Workers Comp and EAP 61150 5,200.00 0.00 5,317.74 102.26% Wellness Program 61155 600.00 0.00 576.93 96.15%
Materials/Supply 62410 16,500.00 95.03 3,507.43 21.25%
Office Supplies 62430 1,500.00 61.16 499.78 33.31%
Auto Operations - Supplies /
Equip
62710 2,500.00 0.00 645.97 25.83%
Auto Operations - Fuel 62720 6,000.00 0.00 3,245.77 54.09% Repair/Maintenance 63505 38,260.00 250.00 6,744.40 17.62% Other Outside Services 63508 1,000.00 0.00 440.00 44.00% Gabilan Crew 63515 5,000.00 2,135.40 2,702.00 54.04%
Utilities - PG&E 63520 20,000.00 2,945.69 15,965.15 79.82% Utilities - Water 63525 5,000.00 413.99 3,681.01 73.62% Telephone 63530 300.00 0.00 246.35 82.11%
Training 63605 5,000.00 0.00 675.00 13.50%
Insurance-Liability 63620 10,660.00 0.00 10,658.17 99.98% Insurance-Property 63621 780.00 0.00 775.50 99.42%
Insurance-Vehicles 63622 4,500.00 0.00 4,267.00 94.82%
Organic Waste Regs Services 63654 9,000.00 0.00 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 21,000.00 0.00 20,101.99 95.72%
Contingency 66905 27,780.00 0.00 0.00 0.00%
Total Public Works/Streets 340,830.00 13,310.82 166,133.28 48.74% Parks/Recreation 411
Materials/Supply 62410 15,400.00 0.00 8,454.86 54.90%
Office Supplies 62430 0.00 0.00 68.19 0.00%
Repair/Maintenance 63505 25,000.00 0.00 17,237.00 68.94% Utilities - Water 63525 3,000.00 278.90 2,052.24 68.40% Travel Expenses 64610 100.00 0.00 69.85 69.85%
Total Parks/Recreation 43,500.00 278.90 27,882.14 64.10% Total Expense 4,727,052.39 252,518.47 2,884,392.88 61.02% Other Financing Sources and Uses
Non Department Specific 000
26 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 100 - General Fund
From 2/1/2024 Through 2/29/2024
Revised
FY 2024 Budget -
Actual
February 2024
Actual
FY 2024 YTD
Collected/Used
Percent
Transfers Out to CIP 81003 (198,900.00) 0.00 0.00 0.00% Total Non Department Specific (198,900.00) 0.00 0.00 0.00% Total Other Financing Sources and
Uses
(198,900.00) 0.00 0.00 0.00%
Excess(Deficit) of Revenue Over
Expenditures
(26,752.39) 40,247.87 461,338.28
27 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 210 - Gas Tax Fund
From 2/1/2024 Through 2/29/2024
Revised
FY 2024 Budget -
Actual
February 2024
Actual
FY 2024 YTD
Collected/Used
Percent
Revenue
Non Department Specific 000
Gas Tax 2103 47010 14,600.00 1,048.28 10,079.45 69.03%
Gas Tax 2105 47020 10,000.00 774.14 6,344.83 63.44%
Gas Tax 2106 47030 9,000.00 737.91 5,933.96 65.93%
Gas Tax 2107 47040 11,900.00 1,066.03 8,799.04 73.94%
Gas Tax 2107.5 47050 1,000.00 0.00 1,000.00 100.00%
Total Non Department Specific 46,500.00 3,626.36 32,157.28 69.16% Total Revenue 46,500.00 3,626.36 32,157.28 69.16%
Expense
Public Works/Streets 311
Street Sweeping 63510 10,000.00 0.00 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 0.00 6,166.99 24.67% Total Expense 25,000.00 0.00 6,166.99 24.67%
Excess(Deficit) of Revenue Over
Expenditures
21,500.00 3,626.36 25,990.29 120.88%
28 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 211 - SB1 Fund-RMRA
From 2/1/2024 Through 2/29/2024
Revised
FY 2024 Budget -
Actual
February 2024
Actual
FY 2024 YTD
Collected/Used
Percent
Revenue
Non Department Specific 000
SB 1 Funds 47777 38,900.00 3,864.50 25,972.65 66.76%
Total Non Department Specific 38,900.00 3,864.50 25,972.65 66.77% Total Revenue 38,900.00 3,864.50 25,972.65 66.77%
Expense
Curb Repair 536
Curb and Gutter Repair 66327 20,000.00 0.00 0.00 0.00%
Total Curb Repair 20,000.00 0.00 0.00 0.00%
Saucito/Work Gutter & Curb 537
Curb and Gutter Repair 66327 40,000.00 0.00 0.00 0.00%
Total Saucito/Work Gutter & Curb 40,000.00 0.00 0.00 0.00% Via Verde Curb & Gutter Repair 538
Curb and Gutter Repair 66327 90,000.00 0.00 13,195.00 14.66% Total Via Verde Curb & Gutter
Repair
90,000.00 0.00 13,195.00 14.66%
Total Expense 150,000.00 0.00 13,195.00 8.80%
Excess(Deficit) of Revenue Over
Expenditures
(111,100.00) 3,864.50 12,777.65 (11.50)%
29 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 212 - Measure X Fund
From 2/1/2024 Through 2/29/2024
Revised
FY 2024 Budget -
Actual
February 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 39,500.00 0.00 39,480.00 99.94% Total Via Verde/Los Encinos
Street Repair
39,500.00 0.00 39,480.00 99.95%
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 203,900.00 0.00 39,480.00 19.36%
Excess(Deficit) of Revenue Over
Expenditures
(109,500.00) 0.00 (39,480.00) 36.05%
30 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 221 - FORA Habitat Management Fund
From 2/1/2024 Through 2/29/2024
Revised
FY 2024 Budget -
Actual
February 2024
Actual
FY 2024 YTD
Collected/Used
Percent
Expense
Planning & Building Regulation 160
Contract Services - Habitat
Management Plan
63646 34,536.50 484.50 484.50 1.40%
Total Planning & Building
Regulation
34,536.50 484.50 484.50 1.40%
Total Expense 34,536.50 484.50 484.50 1.40%
Excess(Deficit) of Revenue Over
Expenditures
(34,536.50) (484.50) (484.50) 1.40%
31 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 223 - ARPA Fund
From 2/1/2024 Through 2/29/2024
Revised
FY 2024 Budget -
Actual
February 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%
32 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 2/1/2024 Through 2/29/2024
Revised
FY 2024 Budget -
Actual
February 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%
33 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 235 - Asset Forfeitures
From 2/1/2024 Through 2/29/2024
Revised
FY 2024 Budget -
Actual
February 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%
34 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 301 - Capital Projects
From 2/1/2024 Through 2/29/2024
Revised
FY 2024 Budget -
Actual
February 2024
Actual
FY 2024 YTD
Collected/Used
Percent
Expense
Housing Element 6th Cycle 532
Housing Element Cost - 6th
Cycle
63638 138,900.00 105,700.00 105,700.00 76.09%
Total Housing Element 6th Cycle 138,900.00 105,700.00 105,700.00 76.10% Vehicle Replacement 533
Vehicle Replacement 66735 40,000.00 0.00 0.00 0.00%
Total Vehicle Replacement 40,000.00 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 198,900.00 105,700.00 105,700.00 53.14%
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 40,000.00 0.00 0.00 0.00%
Total Vehicle Replacement 40,000.00 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
198,900.00 0.00 0.00 0.00%
Excess(Deficit) of Revenue Over
Expenditures

0.00 (105,700.00) (105,700.00) 0.00%
35 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 321 - SBR Engineering Fund
From 2/1/2024 Through 2/29/2024
Revised
FY 2024 Budget -
Actual
February 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%
36 Item 1.

City of Del Rey Oaks
Statement of Revenues and Expenditures-YTD Budget v. Actual Detail 323 - SBR Construction Fund
From 2/1/2024 Through 2/29/2024
Revised
FY 2024 Budget -
Actual
February 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%
37 Item 1.
38 Item 2.
39 Item 2.
1 City Council Report
Feb 2024
Case # Date Offense Code 1 Offense Code Description
DROMPADOJResidentialCommercial
Case # Date Offense Code 1 X X
24-024 02/02/2024 32310(A) PC Possession of large capacity Mag X X 24-025 02/04/2024 Information Only X X
24-026 02/07/2024 Lost Property X X
24-027 02/07/2024 Lost Property X X
24-028 02/07/2024 Information Only X X
24-029 02/08/2024 DOMESTIC Domestic Disturbance X X
24-030 02/11/2024 Information Only X
24-031 02/12/2024 Information Only X X
24-032 02/12/2024 Information Only X X
24-033 02/12/2024 594(A)(1) PC Vandalism X X
24-034 02/12/2024 530.5(A) PC Identity Theft X X
24-035 02/13/2024 Information Only X X
24-036 02/13/2024 484(A) PC Shoplifting X X
24-037 02/13/2024 20002(A)(1) VC Hit and Run X X
24-038 02/13/2024 Information Only X X
24-039 02/14/2024 Towed Vehicle X X
24-040 02/15/2024 171.5(B) PC Weapon at Airport X X
24-041 02/15/2024 Information Only X X
24-042 02/16/2024 Information Only X X
24-043 02/16/2024 647(F) PC Drunk in public X X
24-044 02/17/2024 Lost Property X X
24-045 02/17/2024 484(A) PC Shoplifting X X
24-046 02/18/2024 Surrendered Property X X
24-047 02/21/2024 11350(A) HS Possession of control substance X X 24-048 02/21/2024 Information Only X X
24-049 02/23/2024 374.3(H)(1) PC Illegal Dumping X X
24-050 02/26/2024 Information Only X X
24-051 02/27/2024 Information Only X X
24-052 02/28/2024 484(A) PC Shoplifting X X
24-053 02/28/2024 Susp Circ X X
30 Cases
Chris Bourquin - Chief
40 Item 3.
2 Calls for Service Case Reports
Month YTD Month YTD
277 548 30 53
Alarms Citations
Residential Commercial MPAD Moving Parking Warning
Mo. YTD Mo. YTD Mo. YTD Mo. YTD Mo. YTD Mo. YTD
1 1 10 14 5 6 6 13 26 46 4 7
41 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 0 0 NA 0 0.00% 0.00% NA
Simple Assault 0 1 -100.00% 0 0.00% 0.00% NA
Intimidation 0 1 -100.00% 0 0.00% 0.00% NA
Kidnapping/Abduction 0 0 NA 0 0.00% 0.00% NA
Consensual Sex Offenses:

Incest 0 0 NA 0 0.00% 0.00% NA
Statutory Rape 0 0 NA 0 0.00% 0.00% NA
Human Trafficking, Commercial
Sex Acts
0 0 NA 0 0.00% 0.00% NA
Human Trafficking, Involuntary
Servitude
0 0 NA 0 0.00% 0.00% NA
Crimes Against Persons Total 0 2 -100% 0 0.00% 0.00% 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 3 6 -50.00% 0 0.00% 50.00% NA
Motor Vehicle Theft 0 0 NA 0 0.00% 0.00% NA
Arson 0 0 NA 0 0.00% 0.00% NA
Destruction Of Property 1 0 NA 0 0.00% 16.67% NA
Counterfeiting/Forgery 0 0 NA 0 0.00% 0.00% NA
Fraud Offense 2 4 -50.00% 0 0.00% 33.33% 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 6 10 -40% 0 0.00% 66.67% NA Drug/Narcotic Violations 1 0 NA 0 0.00% 33.33% NA
Drug Equipment Violations 0 0 NA 0 0.00% 0.00% NA
Gambling Offenses 0 0 NA 0 0.00% 0.00% NA
Pornography/Obscene Material 0 0 NA 0 0.00% 0.00% NA
Prostitution 0 0 NA 0 0.00% 0.00% NA
Weapons Law Violation 2 0 NA 0 0.00% 66.67% NA
Animal Cruelty 0 0 NA 0 0.00% 0.00% NA
Crimes Against Society Total 3 0 NA 0 0.00% 33.33% NA
Agency: All
Total Group "A" Offenses 9 12 -25% 0 0.00% 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: 02/01/2024 Ending Date: 02/29/2024
Printed On: 03/11/2024

Page 1 of 1 ends

42 Item 3.

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 1 -100.00% 0 0.00% 0.00% NA
Intimidation 3 1 200.00% 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 4 0% 0 0.00% 23.53% NA
Robbery 0 0 NA 0 0.00% 0.00% NA
Burglary/Breaking & Entering 0 0 NA 0 0.00% 0.00% NA
Larceny/Theft Offenses 5 11 -54.55% 1 20.00% 55.56% NA
Motor Vehicle Theft 0 0 NA 0 0.00% 0.00% NA
Arson 0 0 NA 0 0.00% 0.00% NA
Destruction Of Property 2 2 0.00% 0 0.00% 22.22% NA
Counterfeiting/Forgery 0 0 NA 0 0.00% 0.00% NA
Fraud Offense 2 4 -50.00% 0 0.00% 22.22% 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 9 17 -47.06% 1 11.11% 52.94% NA Drug/Narcotic Violations 1 0 NA 0 0.00% 25.00% 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% 25.00% NA
Prostitution 0 0 NA 0 0.00% 0.00% NA
Weapons Law Violation 2 0 NA 0 0.00% 50.00% NA
Animal Cruelty 0 0 NA 0 0.00% 0.00% NA
Crimes Against Society Total 4 0 NA 0 0.00% 23.53% NA
Agency: All
Total Group "A" Offenses 17 21 -19.05% 1 5.88% 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: 02/29/2024
Printed On: 03/11/2024

Page 1 of 1 ends

43 Item 3.

DATE: March 26, 2024
TO: Honorable Mayor and City Council
FROM: John Guertin, City Manager
SUBJECT: Second 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 adopt 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.

On February 27, 2024, the City Council held the first reading of the proposed ordinance.

Discussion
The County Health Department as well as some residents of The Oaks have requested the City consider adopting updates to the 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 as well as the addition of Section

8.38.035 Prohibition of Smoking in New and Existing Units of Multi-Unit Residences. The proposed Section 8.38.035 language is as follows:

8.38.035 Prohibition of Smoking in New and Existing Units of Multi-Unit Residences. 44 Item 1.

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 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. 45 Item 1.

The proposed 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 Respectfully Submitted,
_______________________________
John Guertin
City Manager
46 Item 1.
{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 47 Item 1.
{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
48 Item 1.
{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. 49 Item 1.
{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.
50 Item 1.
{AJL-01529749;2}
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.

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;

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 51 Item 1.
{AJL-01529749;2}
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.

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. 52 Item 1.
{AJL-01529749;2}
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:
53 Item 1.
{AJL-01529749;2}
ABSENT:

ABSTAIN:

SIGNED:
_______________________________
Scott Donaldson, Mayor
ATTEST:
_______________________________
Karen Minami, City Clerk
54 Item 1.

DATE:

TO:

FROM:

SUBJECT:

PURPOSE:

March 26, 2024
Honorable Chair and Council Members
Denise Duffy, City Planning Consultant
2023 General Plan Annual Progress Report Council Report Annual Progress Report on the General Plan and Housing Element Annual Progress Report: Government Code section 65400(a)(2)(A) requires each City and County to provide an annual progress report to the Office of Planning and Research (OPR) and Housing and Community Development department (HCD) on the status of the general plan and progress in implementation of housing policies and programs since the previous reporting year. A primary purpose of this reporting is to detail the progress each jurisdiction has made in meeting the jurisdiction’s share of regional housing needs allocation (RHNA) determined pursuant to Government Code section 65584, as well as updates on local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to Government Code section 65583(c)(3) (Id. at § 65400(a)(2)(B)). The general requirements to the General Plan Annual Progress Report (APR) and Housing Element APR are addressed below.

Requirements and Timing: The annual progress reports must be provided to the OPR and HCD on or before April 1st of each year. Jurisdictions report on a calendar-year basis (January 1 through December 31). There is no standardized format for the preparation of an APR for the General Plan. The form and content of the report may vary based on the circumstances, resources, and constraints of each jurisdiction. The City has prepared and submitted these reports annually. 2023 General Plan Annual Progress Report: The 2023 APR incorporates the adopted 2022 APR submitted in 2023. The purpose of an APR is to review progress made in implementing programs; it is not a review of adequacy of the adopted programs. The previous reporting in past years provided a comprehensive review of progress made on the City General Plan, including comprehensive listings of general plan policies, categorized by element.

As noted above, an APR is meant to review progress in implementing programs, and is not meant for a full General Plan review of individual policies or programs, or an assessment of the adequacy of the adopted programs. The assessment notes how, or if a policy was implemented during the reporting period (i.e., a description of any current or past year's activities were completed for implementation of a cited policy). The APR notes if any progress or implementation actions were taken related to the General Plan programs.

Note: This year, rather than individually detail each General Plan policy or program, as in past years, the General Plan APR is included, as noted below. 55 Item 2.

The most recent APR, adopted by the City Council in March 2023, continues to be applicable to this current APR reporting period. No changes were significant between the two reporting years in General Plan implementation.

Planning Commission and City Council considered the APR and recommended approval of the APR in 2023. Minor amendments corrections and additions were identified during hearings in 2023 and incorporated in the APR that was sent to HCD and OPR. No major implementation of policies and programs were identified for the reporting year 2023 related to General Plan implementation; the City focused efforts on development of Housing Element Programs, particularly updates to the adopted Housing Element for the City.
2023 Housing Element Annual Progress Report: Each jurisdiction (city council or board of supervisors) must also prepare and submit an APR on the jurisdiction’s status and progress in implementing its Housing Element (Government Code Section 65400.). Each jurisdiction’s Housing Element APR must be submitted to HCD and the Governor’s Office of Planning and Research (OPR) by April 1st of each year and it covers the previous calendar year (January 1 to December 31, 2023).

The purpose of the APR is to provide information regarding local agency progress in meeting its share of RHNA and removing governmental constraints to the development of housing pursuant to Government Code section 65583(c)(3). The focus of the report is progress made since the last reporting period. Since the City adopted a new Housing Element in 2023, the City Housing Element APR uses the program information in the Updated Housing Element submitted to HCD.

The 2023 APR incorporates the 2023 General Plan Annual Progress Report and the 2023 Housing Element Annual Progress Report; these documents collectively represent the APR review as required for the 2023 APR. The 2023 APR is attached to this Staff Report as Attachment A.

CEQA: This action does not constitute a “project” as defined by the California Environmental Quality Act (CEQA) Guidelines Section 15378 as it is an organizational activity of the City that will not result in direct or indirect physical changes in the environment.

Recommendation by City Staff:

1. Open Public Hearing and Consider Comments

2. Consider Recommendation from Planning Commission and approve Resolution 2024-01 and direct submittal to HCD/OPR
Planning Commission Consideration: Planning Commission held a public hearing on March 13, 2024 to consider and recommend approval of the Draft 2023 Annual Progress Report on the Implementation of the General Plan of the Housing Element to City Council. No comments from the public were made during the meeting and no changes to the documents were required as a result of the meeting. Planning Commission recommended approval to the City Council for consideration during the regular Planning Commission Meeting on March 13, 2024.

Consideration by City Council:

1. Consider Recommendation from Planning Commission regarding the Draft 2023 Annual Progress Report on the Implementation of the General Plan and of the Housing Element

2. Approve Resolution 2024-01 and direct submittal to HCD/OPR 56 Item 2.

Attachments
A. Draft City of Del Rey Oaks 2023 General Plan Annual Progress Report Respectfully submitted,
Denise Duffy
57 Item 2.

Draft City of Del Rey Oaks
2023 General Plan Annual Progress Report
March 26, 2024
Annual Progress Report

1.0 Introduction and Summary
Government Code Section 65400 requires the City to prepare an annual report on the status of the City’s General Plan (Plan) and progress in its implementation (2023 General Plan Progress Annual Report). This Annual Progress Report (APR) must be provided to the Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). The APR supplies a means to monitor the success of implementing the General Plan and determine if changes are needed in the Plan or in the implementation of its programs. The APR also provides information on the City’s progress in meeting its share of regional housing needs allocation (RHNA) and summarizes the degree to which the General Plan complies with statutory requirement pursuant to Government Code Section 65040.2.

The format and content of this Annual Progress Report was prepared in accordance with the State’s submittal requirements under California Government Code Section 65400. This General Plan Annual Progress Report is a reporting document and does not create or alter policy. The content is provided for informational purposes only and is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15306. The APR is meant as a progress document, with reporting required to be completed each year on the previous calendar-year (January 1 through December 31).

Updates: The Del Rey Oaks (City) General Plan was last updated in December 2023, with the adoption of the 6th Cycle Housing Element.1 The original City General Plan was adopted in 1988.

An update to the General Plan was approved in 1997 for lands within the former Fort Ord. This update approved land use designations and policies for the City's lands within City areas of former Fort Ord. The current General Plan contains policies and programs from the original General Plan, as well as policies from the 1997 General Plan Update for the former Fort Ord area.

The current General Plan also includes the updated 2023 Housing Element. The major 2023 General Plan revision was amending the land use designations within the City owned portions of former Fort Ord to allow residential uses to meet regional housing needs. The General Plan has had no other updates during this reporting year (2023). 1 The General Plan was also updated in 2023 with the 5th Cycle Update to the Housing Element. 58 Item 2.

2.0 APR Reviews
An APR is meant to address the progress the City has made towards implementing the actions of the General Plan. Although no major updates to the City General Plan have occurred over the years, the City has conducted annual comprehensive reviews of the City’s policies in the past – most recently in 2022 and 2023 reporting years. The Planning Commission and City Council each held several public meetings to comprehensively review the implementation progress and status of each of the City’s General Plan updates prior to submittal of each APR for the City of Del Rey Oaks. During these meetings, individual policies of the General Plan were reviewed, relevant projects undertaken by the City were identified, and progress on the implementation was discussed. The last General Plan APR (the 2022 APR) was considered and approved in March, 2023 by the City Council and reviewed in February, 2023, by the Planning Commission.

3.0 General Plan Implementation Progress
The major 2023 General Plan revision was amending the land use designations within the City owned portions of former Fort Ord to allow residential uses to meet regional housing needs. The General Plan has had no other updates during this reporting year (2023). There has not been any major change in policies to the General Plan nor any substantial change since the 2022 APR was submitted to HCD/OPR, other than noted above. Note: the purpose of the APR is a report on progress toward implementation of policies and programs. An APR is not meant as a refinement or revision to the City's General Plan. However, previous City comments on the General Plan are highlighted below:
• The General Plan includes a number of overall concepts/policies that are still current and compatible with the current vision and quality of life values of the City. • The City has worked to progressively implement some of the policies outlined in each element of the City’s General Plan, but the General Plan document needs updating in certain areas.
• In addition, Planning Commissioners and City Council members expressed support for adding policies related to climate change and to further consider those policies related to potential future development, particularly for housing and affordable housing availability. • The City’s General Plan policies need a comprehensive update, and the City Council affirmed this need in their comments on the APR in 2022 and 2023. • The City has consistently reviewed the policy areas during annual meetings on the APR.

In these meetings, the City identified policies that need updating, and noted additional steps would be needed to effectuate the General Plan more fully, or to update policies and programs related to issues facing the City today. Specific policy updates would be able to address current issues related to traffic, water, and land use. • The Planning Commission expressed support for continuing review of the General Plan policies as part of future efforts to update the General Plan. This is consistent with City Council comments in 2022 and 2023.
59 Item 2.

4.0 Housing Element Implementation Progress
The City Planning Commission and City Council recognized the need for a Housing Element update; the 5th Cycle Housing Element was found compliant by HCD in 2023. The City also completed the 6th Housing Element Update and adopted the 6th Cycle Housing Element in December, 2023, as required by Government Code Section 65580 et seq. The 2023 Housing Element is a multi-year housing plan for the 6th Planning Cycle, 2023-2031 planning period.

The City is working on revising the 6th Cycle Housing Element Update to meet HCD requirements. The City held numerous workshops on the Housing Element updates throughout 2023 and adopted required rezoning and a general plan update to allow housing in sites considered suitable during 2023. No other major implementation actions for the City Housing Element have occurred in 2023, as the City focused on completion of required rezoning and housing elements.

5.0 APR 2023
Public meetings at the Planning Commission and City Council allow for public input into the process prior to the APR report approval and submittal of the APR to the State.

This 2023 APR incorporates this report and the following attachment submitted to HCD on Housing Element Program status; these documents collectively represent the APR review as required for the 2023 APR.

Attachment
A. HCD Housing Element APR Policy Implementation Status 60 Item 2.

Attachment A
City of Del Rey Oaks 2023 Housing Element Annual Progress Report (HE APR) * * Note: Programs reflect the City Housing Element in effect in 2023 for majority of the year.

City of Del Rey Oaks
General Plan Implementation Progress Report 2023 HE APR 61 Item 2.

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Jurisdiction Del Rey Oaks
Reporting Year 2023 (Jan. 1 - Dec. 31)

ATTACHMENT TO DEL REY OAKS ANNUAL PROGRESS REPORT
Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program A.1
Accommodate the City’s
RHNA
Amend General Plan Land
Use Map and Zoning
Ordinance to allow
residential uses as an
allowed use for Site 1 and
Site 1a by the third quarter
of 2023.
3rd quarter 2023 The City amended the General Plan and adopted the Zoning Ordinance on October 24, 2023.

Program A.2 Develop
written process for
continued compliance
with AB 2162
The City shall continue to
comply with the
requirements of state law
AB 2162 (Chapter 753,
statutes of 2018) and will
develop a written process
to adhere to the statutory
requirements in
accordance with state law.
4th quarter 2023
The legislation requires a local government to approve, within statutory timelines, a supportive housing development that complies with specified criteria. The City approved an updated ordinance to address AB 2162 compliance, including State required updates to the zoning ordinance related to emergency shelters, in December 2022. The City adopted an ADU ordinance in 2021.

Program B.1 Develop
Inclusionary and
Affordable Housing
Requirements
The City will adopt an
Inclusionary and
Affordable Housing
Ordinance that will
require new residential
development or
redevelopment in the City
to meet the City’s RHNA
requirements as identified
in the AMBAG RHNA.

By the end of 4th
quarter 2023 The City adopted the Affordable Housing Zoning Ordinance on October 24, 2023. 62 Item 2.

Program B.2 Facilitate
Affordable Housing for
All Income Levels
Actively seek funding
opportunities to increase
the supply of affordable
housing for lower income
households, analyze sites
owned by the City to
identify those that could
be suitable to support
affordable housing. Seek
to leverage these funds
with federal, state, and
County HOME funds to
increase the amount of
affordable housing on
housing strategy sites.

Work with developers of
housing strategy sites and
non-profit developers to
identify opportunities to
increase the percentage of
affordable housing by
encouraging developers to
apply for available funds
and utilize other creative
mechanisms.

Ongoing work with
developers; report on
funding annually to City
Council
This program is an ongoing action, consistent with the City recently adopted Housing Element, 6th Cycle. The City is also working to secure a developer for the former Fort Ord site See also above item.

Program B.3 Utilize
Section 8 Housing
Choice Vouchers
The City, working with the
Housing Authority of
Monterey County
(HAMC), shall provide
information and incentives
to property owners to
encourage them to sign
Section 8 agreements with
the HAMC. The number
of applications received
will depend upon how
many property owners
apply for Section 8
agreements with the
HAMC and City. This
program could provide
rental assistance to at least
two or three renters per
year.

First full active year
2022
The City updated their programs related to this in 2023; did not have an opportunity to implement this Program in 2023.

Program B.4 Preferential
Housing for Del Rey
Oaks Residents and
Workers
Adopt a Preferential
Housing Ordinance 4th quarter 2023 This program has been revised and updated for 6th Cycle; questions were raised on how to address this program to offer to Del Rey Oaks residents and workers on a preferential basis. 63 Item 2.

Program B.5 Develop a
Density Bonus
Ordinance Consistent
with State law
Adopt a City Density
Bonus Ordinance,
consistent with
Government Code and
State Density Bonus Law
4th quarter 2023 The City currently follows State requirement for Density Bonus law. After researching this issue, the City determined working under the State requirements was the appropriate approach.

Program B.6 Facilitate
Affordable Rental Units
City continues to research
available funds to assist in
the construction of
affordable units (and
accessory dwelling units)
to low-income and very
low-income households
annually.

Anticipated to start
seeking funding
opportunities beginning
2020 and running into
2023
The City has filed and received LEAP and REAP grants in 2020 and REAP 2.0 in 2023, for use in updating the Housing Element for compliance in the 5th and 6th Cycle Planning period. The City will continue to pursue available funding.

Program C.1 Support
efforts of public and
private groups providing
housing for the elderly
and disabled, including
assistance with
obtaining permits and
permit streamlining
consistent with SB 35, or
where appropriate,
waiving City fees or
regulatory requirements.

Review, and as needed,
revise the site
improvement standards
and development
procedures to meet the
program objective.

By end of 4th quarter
2023
The City facilitated the development of ADUs in 2023, updated the City programs for ADUs and is currently working with HCD on refined programs. The City will continue to provide assistance to permitting housing consistent with State law.

Program C.2 Encourage
the construction of
Accessory Dwelling
Units
The City will encourage
the construction of ADUs
by providing incentives
such as waiver or
reduction of development
fees and expedited permit
processing for ADU
applications. The City will
provide information
concerning the City's
amended ordinance at
City Hall. The City will
give an annual report on
new secondary units
constructed to City
Council.
3rd quarter 2023 See above. The City adopted an ADU ordinance in 2021 and will continue to expedite permit processing for ADUs.

Program C.3 Mitigating
Constraints
The City will review
Zoning Ordinance
amendments to mitigate
constraints on housing.
3rd quarter 2023
The City regularly reviews City Zoning Ordinance to ensure regulatory constraints do not constrain housing development. As part of the Housing Element updates ongoing, zoning ordinance amendments and housing constraints have been reviewed. The City adopted ordinances and amendments for former Fort Ord sites for affordable housing in 2023. 64 Item 2.

Program C.4 Ensure the
Availability of an
Adequate Water Supply
to Serve the Long-Term
Housing Needs of the
City
The City will continue to
work with the MPWMD,
MCWD, and other
appropriate agencies
through meetings and
consultation to seek
securement of sufficient
water resources to meet
the expected needs of
projected housing
development.

By the end of 2020 and
throughout 5th Cycle
The City staff has been in discussion with MPWMD, MCWD, and AMBAG regarding Del Rey Oaks' water supply and RHNA. The City is working with the MPWMD to increase water allocated to affordable units, subject to State approval due to the existing water moratorium and State Cease and Desist Order. The City conducted outreach with MPWMD and MCWD on water availability for housing development. The City has an agreement with MCWD for water service and water supply for former Fort Ord development within City limits.

Program D.1 Promote
Fair Housing by
Providing Educational
and Referral Materials
Provide Fair housing
education materials at City
Hall in English and
Spanish, post information
on the City website and
provide information in
City newsletter annually.
1st quarter 2023 and
ongoing
The City is researching Fair Housing resources in English and Spanish to accommodate all the community members. The City commits to provide housing resources information in both English and Spanish.

Program D.2 Provide
Opportunity for and
Encourage the
Development of
Adequate Housing for
the City’s Special Needs
Groups
The City will aim to
update the Zoning
Ordinance by the end of
2023. It will aim to identify
at least one residential
project by 2024 that is
targeted for seniors
and/or persons with
mobility impairments. The
City will monitor these
programs through annual
reports to the City
Council, with the first
annual report by the end
of 2021.

Zoning Ordinance by
2023. Special Needs
Group residential
development by 2024.

Annual Reporting by
2021.

The City adopted ordinances and amendments concerning the definition of "Family", emergency shelters, density bonuses, zoning for affordable housing in 2023. The City will continue to identify projects and provide annual reports to the City Council.

Program D.3 Special
Needs Housing for
Disabled Persons
Review zoning code and
report to City Council on
needed updates to address
State law by first quarter
2023. Amendments to
Zoning Code and the
updated Housing Element
shall be adopted by end of
2023.

By the end of 2023
See above. The City adopted a definition of "Family" and an emergency shelter ordinance in 2023, and an ADU ordinance in 2021. The City will continue to review the zoning code to identify and remove additional constraints and amend the Zoning Ordinance to ensure that future projects incorporate accessible design.

Program D.4 Support
Programs to Reduce
Homelessness
Amend the City Zoning
Ordinance to include
provisions for
emergency shelters as
needed by end of first
quarter 2023.

By the end of 1st
quarter 2023 The City adopted an emergency shelter ordinance in 2023. 65 Item 2.

Program D.5 Develop
written process for
continued compliance
with AB 101
The City shall continue to
comply with the
requirements of AB 101
and develop a written
compliance process to
adhere to the statutory
requirements in
accordance with state law.

Ongoing AB 101
compliance. Written AB
101 compliance process
by the end of 3rd
quarter 2023
The City complies with the requirements of AB 101. Written compliance process was not completed.

Program E.1 Assist in
Rehabilitating Housing
The City will investigate
available low-interest
loans, subsidies, and
grants from federal and
State agencies to provide
rehabilitation funds. As
funding becomes
available, the City shall
provide grants and/or low
interest, deferred, and/or
forgivable loans for
building code violations,
health and safety issues,
essential repairs, upgrades
of major component
systems, and
modifications to
accommodate disabilities.

Assist two households
by the end of 2021
Subject to federal funding the City will look to assist an average of one to two households (ranging from single-family, multi-family, and mobile homes), dependent on need. The City is continuing to investigate available low-interest loans, subsidies, and grants from federal and State agencies.

Program E.2 Continue
Code Enforcement
The City will continue to
perform code enforcement
for areas or homes with
building code violations
posing life and/or safety
risks to occupants and/or
significant property
maintenance concerns and
ensure that such violations
are adequately abated.

Ongoing No code violations have been identified. When code violations are cited, enforcement officers will provide a list of potential funding sources to homeowners. No timeline as this is an ongoing action.

Program E.3 Energy
Conservation and
Energy Efficient
Opportunities
Information detailing
energy conservation
programs shall be
provided at the City Hall
and shall be included on
the City’s website and
updated at least once per
year. Energy conservation
programs targeted to lowincome households shall
be promoted in the City
newsletter at least once
per year and available at
the City Hall.

Annually by December
of each year The City continues to research alternative energy conservation programs targeted for all citizens. 66 Item 2.

Resolution No. 2024-01
Resolution of the City Council of the City of Del Rey Oaks, California Approving the 2023 Annual Progress Report on the Implementation of the General Plan Whereas, the State of California requires non-charter cities and counties to have adopted a General Plan to provide guidance and direction for develop activities; and, Whereas, the City of Del Rey Oaks current General Plan was adopted in December 1998, Resolution No. 98-20; and updated in December 2023 with the adoption of the City Housing Element; Whereas, the General Plan contains the seven State-required elements, and one additional element as follows: Land Use Element, Circulation Element, Public Services Element, Parks and Recreation Element, Open Space/Conservation Element, Noise Element, Implementation Element, and Housing Element; and,
Whereas, each element of the General Plan concludes with a set of implementation actions and programs that are intended to carry out a policy and achieve specific objectives; and, Whereas, California Government Code Section 65400(a)(2)(A) requires the City to annually prepare a report regarding the status of the City’s general Plan and progress in its implementation (“report”); and, Whereas, California Government Code Section 65400(a)(2)(B) requires the City to include in the report the City’s progress in meeting its share of regional housing needs; and Whereas, California Government Code Section 65400(a)(2)(C) requires the City to include in the report an assessment of the degree to which the General Plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the General Plan; and, Whereas, California Government Code Section 65400(a)(2) requires the City to submit the report to the Governor’s Office of Planning and Research (“OPR”) and HCD by April 1 of each year; and Whereas, the Planning Commission scheduled a public meeting on the 2023 General Plan Annual Report (“Annual Progress Report”) for March 13, 2024 where all interested persons had an opportunity to be heard; and
Whereas, the City Council considered the entire administrative record, including the staff reports, the contents of the Annual Report, a copy of which is attached hereto as Attachment A, and oral and written testimony from interested persons.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DEL REY OAKS AS FOLLOWS:

SECTION 1. That the City of Del Rey Oaks has completed the 2023 Annual Report as required by California Government Code section 65400.

SECTION 2. That the 2023 Annual Report provided is found to be consistent with the suggested content by the State Guidelines and is hereby accepted.
67 Item 2.

SECTION 3. That Denise Duffy and Associates, on behalf of the City as the City’s Planning Consultant, is hereby authorized and directed to submit the 2023 Annual Progress Report to the Governor’s Office of Planning and Research (OPR) and HCD.

APPROVED AND ADOPTED by the City Council of the City of Del Rey Oaks at a regular meeting held on the 26th day of March, 2024.

Ayes: Council Members:

Noes: Council Members:

Absent: Council Members:

City of Del Rey Oaks, California
________________________________
Scott Donaldson, Mayor
Attest:
_______________________________
Karen Minami, City Clerk
City of Del Rey Oaks
68 Item 2.
69 Item 3.
70 Item 3.
71 Item 3.
72 Item 3.
73 Item 3.
74 Item 3.
75 Item 3.
76 Item 3.

C I T Y O F D E L R E Y O A K S
DATE: March 26, 2024
TO: Honorable Mayor and Members of City Council
FROM: John Guertin, City Manager
SUBJECT: Letter of Opposition to Initiative 21-0042A1
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
Authorize the Mayor to sign a letter opposing Initiative 21-0042A1, also known as the California Business Roundtable “Taxpayer Protection and Government Accountability Act.” Background
On January 4, 2022, the California Business Roundtable filed the "Taxpayer Protection and Government Accountability Act" or AG# 21-0042A1. On February 1, 2023, the measure qualified for the November 2024 ballot. The initiative would make it more difficult for voters to pass measures needed to fund local services and projects, and would put initiatives passed by voters after January 2022 in jeopardy. Council is being asked to authorize the Mayor to sign a letter in opposition of the initiative.

Summary
The Taxpayer Protection and Government Accountability Act would amend the California Constitution with provisions that limit voters' authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws. The measure puts billions of local government tax and fee revenues at risk statewide with related core public service impacts.

Major Provisions
Fees and Charges:
• Except for licensing and other regulatory fees, fees and charges may not exceed the "actual cost" of providing the product or service for which the fee is charged. "Actual cost" is the "minimum amount necessary." The burden to prove the fee or charge does not exceed "actual cost" is changed to "clear and convincing" evidence. • Requires fees and charges paid for the use of local and state government property and the amount paid to purchase or rent government property to be "reasonable." These fees and charges are currently allowed to be market-based. Whether the amount is "reasonable" Staff Report
77 Item 4.
(introducing a new legal standard aiming to force below market fee and charge amounts) must be proved by "clear and convincing evidence."? The standard may significantly reduce the amount large companies (e.g., oil, utilities, gas, railroads, garbage/refuse, cable, and other corporations) will pay for the use of local public property. • Prohibits fees on new development based on vehicle miles traveled.

Taxes:
• Taxes and fees adopted after January 1, 2022, that do not comply with the new rules, are void unless reenacted.
• Invalidates Upland decision that allows a majority of local voters to pass special taxes. The measure specifies that taxes proposed by the initiative are subject to the same rules as taxes placed on the ballot by a city council.
• Expressly prohibits local advisory measures which allow local voters to express a preference for how local general tax dollars should be spent. • Requires voter approval to expand existing taxes (e.g., Utility, Transient Occupancy) to new territory (e.g., annexations) or to expand the tax base (e.g., new utility service). • New taxes can only be imposed for a specific time period. • City charters may not be amended to include a tax or fee. • All state taxes require majority voter approval.

Fines and Penalties:
• May require voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.

Discussion
On January 4, 2022, the California Business Roundtable filed the "Taxpayer Protection and Government Accountability Act" or AG# 21-0042A1. On Feb. 1, 2023, the measure qualified for the November 2024 ballot.

The League of California Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly opposes this initiative. Local government revenue-raising authority is currently substantially restricted by state statute and constitutional provisions, including the voter approved provisions of Proposition 13 of 1978, Proposition 218 of 1996, and Proposition 26 of 2010. The Taxpayer Protection and Government Accountability Act adds and expands restrictions on voters and local government tax and fee authority.

Fees and Taxes
Local governments levy a variety of fees and other charges to provide core public services. Major examples of affected fees and charges are:
78 Item 4.
• Nuisance abatement charges, such as for weed, rubbish, and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs. • Commercial franchise fees.
• Emergency response fees, such as in connection with DUI. • Document processing and duplication fees.
• Transit fees, tolls, parking fees, and public airport and harbor use fees. • Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.

Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies, including council-adopted increases to simply accommodate inflation, Cal Cities estimates the amount of local government fee and charge revenue at risk is approximately $2 billion per year including those adopted since January 1, 2022. Over ten years, $20 billion of local government fee and charge revenues will be at heightened legal peril.

Reductions on local government tax revenues have impacts on core services and infrastructure including fire and emergency response, law enforcement, streets and roads, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention, and mental health services.

Fines and Penalties
Under existing law, cities are required to provide due process before imposing a penalty or fine for violation of its municipal code:

1. A local agency must adopt administrative procedures that govern imposing fines and penalties, including providing a reasonable period of time for a person responsible for a continuing violation to correct or remedy the violation [Gov't Code 53069.4].

2. Notice must be given to the violating party before imposing the penalty; and give the party an opportunity to be heard and present any facts or arguments [Merco Construction Engineers v. Los Angeles Unified School District (1969) 274 CA 2d 154, 166].

3. The fine may not be "excessive" [U.S. Constitution amendments VIII and XIV].

The initiative converts administratively imposed fines and penalties into taxes unless a new, undefined, and ambiguous "adjudicatory due process" is followed. This provision may put at risk authority to impose fines and penalties for violations of state and local law.

Conclusion
Should ballot initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act, pass, the City of Del Rey Oaks would be greatly impacted in its ability to raise taxes and fees needed to provide city services. Therefore, the City Manager recommends the Council authorize the Mayor to sign the attached letter to the League of California Cities in order to have the City of Del Rey Oaks join the No on Initiative 21-004241 coalition of public safety, education, labor, local government, and infrastructure groups throughout the State.

Fiscal Impacts
There is no fiscal impact associated with this action. Future impacts to City revenues will need to be evaluated if the measure passes.
79 Item 4.

ATTACHMENTS:

Attachment 1 – Letter of Opposition to Initiative 21-0042A1 Respectfully Submitted,
_______________________________
John Guertin
City Manager
80 Item 4.

March 26, 2024
Bismark Obando
Director of Public Affairs, League of California Cities 1400 K Street, Suite 400
Sacramento, CA 95814
Re: Letter Opposing Initiative 21-0042A1
On March 26, 2024, the Del Rey Oaks City Council voted to oppose Initiative 21-0042A1, a deceptive, developer-sponsored proposition aimed for the November 2024 statewide ballot that would significantly jeopardize cities’ ability to provide essential services and infrastructure for our residents.

The measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and projects and would limit voter input by prohibiting local advisory measures where voters can express a preference on how they want their local tax dollars spent.

This measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including impacts on local infrastructure and our environment.

This measure also may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.

Unless defeated, the measure puts billions of dollars currently dedicated to local services at risk, and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more.

The proposed initiative would post a significant challenge to the City, hampering its ability to maintain revenues at a level to effectively and efficiently provide needed services for the community.

You may list the City of Del Rey Oaks in formal opposition to Initiative #21-0042A1 and include our City as part of the growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state opposed to this deceptive proposition.

Sincerely,
Scott Donaldson
Mayor
City of Del Rey Oaks
81 Item 4.

C I T Y O F D E L R E Y O A K S
DATE: March 26, 2024
TO: Honorable Mayor and Members of City Council
FROM: John Guertin, City Manager
SUBJECT: Consider Three-year Contract with Chavan & Associates for Annual Audit Services 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
Approve a three-year contract with Chavan & Associates to provide financial statement audits for the fiscal years ending 2024 through 2026.

Background
Each year the City is required by law to conduct an independent audit of the previous year’s financial statements. The City has utilized Chavan & Associates as its independent auditing firm since fiscal year 2015.

Summary & Discussion
The City has utilized Chavan & Associates its independent auditor for the past several years.

During that time, Chavan & Associates has provided three specific services: the required financial statements audit, the required TAMC Measure X audit, and a true-up audit related to the police services agreement with the Monterey Peninsula Airport District.

Chavan & Associates is intimately familiar with the City’s financial and accounting procedures, fiscal history, and the challenges it faces with limited resources and staff. Chavan & Associates has a history of working well with staff and with our contract accounting personnel. Because of the City’s history of working with Chavan & Associates, their knowledge of its finance and accounting practices, and Chavan & Associates past work quality, Staff believes that a three-year contract for their services would be appropriate. A three-year contract would lock-in current market rates for the term of the contract and save staff time revisiting the contract on a yearly basis.

Fiscal Impacts
The yearly breakdown of services will be:

Fiscal year ending June 30, 2024 - $40,075
Fiscal year ending June 30, 2024 - $40,900
Fiscal year ending June 30, 2024 - $42,525
ATTACHMENTS:

Staff Report
82 Item 5.
- Letter of understanding Financial Statements Audit
- Letter of understanding Measure X Audit
- Letter of understanding Airport Police Services True-Up Respectfully Submitted,
_______________________________
John Guertin
City Manager
83 Item 5.

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March 18, 2024
City of Del Rey Oaks
650 Canyon Del Rey Rd.

Del Rey Oaks, CA 93940
We are pleased to confirm our understanding of the services we are to provide for the City of Del Rey Oaks (the “City”) for the fiscal years ending June 30, 2024, 2025 and 2026. We will audit the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of the City and the related notes to the financial statements, which collectively comprise the City’s basic financial statements. In addition, we will perform the services as noted in Exhibit A, as applicable each fiscal year. We are pleased to confirm our acceptance of this audit engagement by means of this letter. Our audits will be conducted with the objectives of our expressing an opinion on each opinion unit.

Accounting principles generally accepted in the United States of America, (U.S. GAAP), as promulgated by the Governmental Accounting Standards Board (GASB), require that the items noted below be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the GASB, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the required supplementary information (RSI) in accordance with auditing standards generally accepted in the United States of America, (U.S. GAAS). These limited procedures will consist primarily of inquiries of management regarding their methods of measurement and presentation and comparing the information for consistency with management’s responses to our inquiries. We will not express an opinion or provide any form of assurance on the RSI. The following RSI is required by U.S. GAAP and will be subjected to certain limited procedures but will not be audited:

1. Management’s discussion and analysis.

2. Major fund budget to actual schedules.

3. Pension schedules.

4. Other postemployment benefit schedules.

Supplementary Information Other than RSI
Supplementary information other than RSI will accompany the City’s basic financial statements.

We will subject the following supplementary information to the auditing procedures applied in our audit of the basic financial statements and perform certain additional procedures, including comparing and reconciling the supplementary information to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and additional procedures in accordance with U.S. GAAS.
84 Item 5.

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We intend to provide an opinion on the following supplementary information in relation to the financial statements as a whole:

1. Nonmajor governmental fund combining balance sheets and schedules of revenues, expenditures and changes in fund balances.

Audit of the Financial Statements
We will conduct our audit in accordance with auditing standards generally accepted in the United States of America (U.S. GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States of America (GAGAS). Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the basic financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to error, fraudulent financial reporting, misappropriation of assets, or violations of laws, governmental regulations, grant agreements, or contractual agreements.

An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. If appropriate, our procedures will therefore include tests of documentary evidence that support the transactions recorded in the accounts. As part of our audit process, we will request written representations from your attorneys, and they may bill you for responding. At the conclusion of our audit, we will also request certain written representations from you about the financial statements and related matters.

Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some material misstatements or noncompliance (whether caused by errors, fraudulent financial reporting, misappropriation of assets, detected abuse, or violations of laws or governmental regulations) may not be detected exists, even though the audit is properly planned and performed in accordance with U.S. GAAS and Government Auditing Standards of the Comptroller General of the United States of America. Please note that the determination of abuse is subjective and Government Auditing Standards does not require auditors to detect abuse.

In making our risk assessments, we consider internal control relevant to the City’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit. Our responsibility as auditors is limited to the period(s) covered by our audit and does not extend to any other periods. 85 Item 5.

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We will issue a written report upon completion of our audit of the City’s basic financial statements. Our report will be addressed to the governing body of the City. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis-of-matter or other-matter paragraphs. If our opinions on the basic financial statements are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement.

In accordance with the requirements of Government Auditing Standards, we will also issue a written report describing the scope of our testing over internal control over financial reporting and over compliance with laws, regulations, and provisions of grants and contracts, including the results of that testing. However, providing an opinion on internal control and compliance over financial reporting will not be an objective of the audit and, therefore, no such opinion will be expressed.

Management’s Responsibilities
Our audit will be conducted on the basis that management acknowledge and understand that they have responsibility:

1. For the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America;

2. For the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to error fraudulent financial reporting, misappropriation of assets, or violations of laws, governmental regulations, grant agreements, or contractual agreements;

3. For the design, implementation, and maintenance of internal control over compliance;

4. For identifying and ensuring that the City complies with laws, regulations, grants, and contracts applicable to its activities and implementing systems designed to achieve compliance with applicable laws, regulations, grants, and contracts applicable to activities;

5. For identifying and providing report copies of previous audits, attestation engagements, or other studies that directly relate to the objectives of the audit, including whether related recommendations have been implemented;

6. For addressing the findings and recommendations of auditors, for establishing and maintaining a process to track the status of such findings and recommendations and taking corrective action on reported audit findings from prior periods and preparing a summary schedule of prior audit findings;

7. For making the auditor aware of any significant vendor / contractor relationships where the vendor / contractor is responsible for program compliance;

8. To provide us with:
a. Access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements, and relevant to federal award programs, such as records, documentation, and other matters; 86 Item 5.

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b. Additional information that we may request from management for the purpose of the audit; and
c. Unrestricted access to persons within the City from whom we determine it necessary to obtain audit evidence.

9. For including the auditor’s report in any document containing basic financial statements that indicates that such basic financial statements have been audited by the City’s auditor;

10. For adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the current year period(s) under audit are immaterial, both individually and in the aggregate, to the financial statements as a whole;

11. For acceptance of nonattest services, including identifying the proper party to oversee nonattest work;

12. For maintaining adequate records, selecting and applying accounting principles, and safeguarding assets;

13. For informing us of any known or suspected fraud affecting the City involving management, employees with significant role in internal control and others where fraud could have a material effect on the financials;

14. For the accuracy and completeness of all information provided;

15. For taking reasonable measures to safeguard protected personally identifiable and other sensitive information; and

16. For confirming your understanding of your responsibilities as defined in this letter to us in your management representation letter.

With regard to the supplementary information referred to above, you acknowledge and understand your responsibility (a) for the preparation of the supplementary information in accordance with the applicable criteria, (b) to provide us with the appropriate written representations regarding the supplementary information, (c) to include our report on the supplementary information in any document that contains the supplementary information and that indicates that we have reported on such supplementary information, and (d) to present the supplementary information with the audited financial statements, or if the supplementary information will not be presented with the audited financial statements, to make the audited financial statements readily available to the intended users of the supplementary information no later than the date of issuance by you of the supplementary information and our reports thereon.

As part of our audit process, we will request from management, written confirmation concerning representations made to us in connection with the audit.

We understand that your employees will prepare all confirmations we request and will locate any documents or invoices selected by us for testing.

If you intend to publish or otherwise reproduce the financial statements and make reference to our firm, you agree to provide us with printers’ proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed.
87 Item 5.

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Audit Administration and Fees
Our all-inclusive maximum fee for these services will be as follows (see Exhibit A):

Fiscal year ending June 30, 2024 $31,675
Fiscal year ending June 30, 2025 $32,500
Fiscal year ending June 30, 2026 $34,125
Our fees include out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.).

Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit as follows:

Engagement Partner $400 per hour
Associate Partner $350 per hour
Manager $200 per hour
Senior Auditor $150 per hour
Staff Auditor $125 per hour
Administrative $100 per hour
Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes thirty days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report.

You will be obligated to compensate us for all time expended and to reimburse us for all out-ofpocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If cooperation is not provided as anticipated and at a level that hinders the progress of the services to be provided, we retain the right to terminate the contract for cause with thirty (30) days’ notice. During that time, the City will have the opportunity to provide the cooperation required to complete the audit and C&A may rescind the cancellation.

If the services to be performed by C&A are not performed in an acceptable manner to the City, the City may cancel this contract for cause by providing notice to C&A, giving at least thirty (30) days’ notice of the proposed cancellation and the reasons for same. During that time period, C&A may seek to bring the performance of services to a level that is acceptable to the City, and the City may rescind the cancellation if such action is in City’s best interest. Not-withstanding the above provisions, the City may, upon the expiration of thirty (30) days written notice to C&A, terminate the agreement at will. Payment for services or goods received prior to termination shall be made by the City provided those goods or services were provided in a manner acceptable to the City. Payment for those goods and services shall not be unreasonably withheld. 88 Item 5.

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Khoa (Paul) Pham, CPA, is the engagement partner for the audit services specified in this letter.

His responsibilities include supervising Chavan & Associates LLP’s services performed as part of this engagement and signing or authorizing another qualified firm representative to sign the audit report.

Other Matters
During the course of the engagement, we may communicate with you or your personnel via fax or e-mail, and you should be aware that communication in those mediums contains a risk of misdirected or intercepted communications.

Regarding the electronic dissemination of audited financial statements, including financial statements published electronically on your Internet website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document.

The audit documentation for this engagement is the property of Chavan & Associates LLP and constitutes confidential information. However, we may be requested to make certain audit documentation available to state and federal agencies and the U.S. Government Accountability Office pursuant to authority given to it by law or regulation, or to peer reviewers. If requested, access to such audit documentation will be provided under the supervision of Chavan & Associates LLP’s personnel. Furthermore, upon request, we may provide copies of selected audit documentation to these agencies and regulators. The regulators and agencies may intend, or decide, to distribute the copies of information contained therein to others, including other governmental agencies. We agree to retain our audit documentation or work papers for a period of at least seven years from the date of our report.

We will be available during the year to consult with you on financial management and accounting matters of a routine nature. You agree to inform us of facts that may affect the financial statements of which you may become aware during the period from the date of the auditor’s report to the date the financial statements are issued.

With respect to any nonattest services we perform, the City’s management is responsible for (a) making all management decisions and performing all management functions; (b) assigning a competent individual to oversee the services; (c) evaluating the adequacy of the services performed; (d) evaluating and accepting responsibility for the results of the services performed; and (e) establishing and maintaining internal controls, including monitoring ongoing activities.

Nonattest services include the preparation of the audited financial statements, note disclosures, supplemental information (as noted above), conversion entries, and the state controller’s annual reports that are derived from the audited financial statements. These items will be prepared from information prepared and provided by the City during our audit, such as the City’s trial balance. 89 Item 5.

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We will not assume management responsibilities on behalf of the City. However, we will provide advice and recommendations to assist management in performing its responsibilities.

Our responsibilities and limitations of the engagement are as follows:
• We will perform the services in accordance with applicable professional standards, including GAAS and GAGAS, as previously noted.
• This engagement is limited to the services previously outlined. Our firm, in its sole professional judgment, reserves the right to refuse to do any procedure or take any action that could be construed as making management decisions or assuming management responsibilities, including determining account coding and approving journal entries. Our firm will advise the City with regard the nonattest services provided, but the City must make all decisions with regard to those matters.

Government Auditing Standards require that we document an assessment of the skills, knowledge, and experience of management, should we participate in any form of preparation of the basic financial statements and related schedules or disclosures as these actions are deemed a non-audit service.

During the course of the audit, we may observe opportunities for economy in, or improved controls over, your operations. We will bring such matters to the attention of the appropriate level of management, either orally or in writing.

At the conclusion of our audit engagement, we will communicate to management and the Council the following significant items from the audit:
• Our view about the qualitative aspects of the City’s significant accounting practices; • Significant difficulties, if any, encountered during the audit; • Uncorrected misstatements, other than those we believe are trivial, if any; • Disagreements with management, if any;
• Other findings or issues, if any, arising from the audit that are, in our professional judgment, significant and relevant to those charged with governance regarding their oversight of the financial reporting process;
• Material, corrected misstatements that were brought to the attention of management as a result of our audit procedures;
• Representations we requested from management;
• Management’s consultations with other accountants, if any; and • Significant issues, if any, arising from the audit that were discussed, or the subject of correspondence, with management.

In accordance with the requirements of Government Auditing Standards, a copy of our latest external peer review report of our firm is available upon request or on our website. 90 Item 5.

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If the foregoing is in accordance with your understanding, please indicate your agreement by signing this letter and emailing it to us at [email protected]. If you have any questions, please let us know.

We appreciate the opportunity to be your financial statement auditors and look forward to working with you and your staff.

Very truly yours,
Khoa (Paul) Pham, CPA, Partner
Chavan & Associates, LLP
RESPONSE:

This letter correctly sets forth the understanding of the City of Del Rey Oaks.

Signature:

Title:

Date:
91 Item 5.

Page | 9 1475 Saratoga Ave, Suite 180, San Jose, CA 95129 Tel: 408-217-8749 • E-Fax: 408-872-4159
[email protected] • www.cnallp.com
Exhibit A
Audit Services 2024 2025 2026
$ 27,675 $ 28,500 $ 30,125
SCO Annual Financial Transactions Report 2,500 2,500 2,500 SCO Annual Streets Report 1,500 1,500 1,500
Meals, Lodging and Transportation Included Included Included Management Letters Included Included Included
Printing/Copying Included Included Included
Total All-Inclusive Maximum Price $ 31,675 $ 32,500 $ 34,125 City Audit and Reports
92 Item 5.

Page | 1 1475 Saratoga Ave, Suite 180, San Jose, CA 95129 Tel: 408-217-8749 • E-Fax: 408-872-4159
[email protected] • www.cnallp.com
March 18, 2024
City of Del Rey Oaks
650 Canyon Del Rey Rd.

Del Rey Oaks, CA 93940
This letter sets forth our understanding for applying agreed-upon procedures to assist you in determining City of Del Rey Oaks’ (the City) cost of police services to be charged to the Monterey Peninsula Airport District (the District), for the periods ending June 30, 2024, 2025 and 2026. Management is responsible for accounting records and is responsible for maintaining compliance with the terms outlined in the agreement with the Monterey Peninsula Airport District to provide law enforcement services.

This engagement is solely for the purpose of reporting our findings regarding the results of the procedures performed. This report is intended for use by management and is expected to be restricted to the use by management.

Prior to the completion of the engagement, you agree to provide us with written agreement and acknowledgment that the procedures performed are appropriate for the intended purpose of the engagement as noted above.

We will analyze, review and recalculate the City’s costs for providing police services, which will be used as the basis for allocating costs to the District. This will include the City’s costs related to compensated absences, pension plans, OPEB plan, and other related liabilities directly attributed to police services. We will perform these agreed-upon procedures upon the completion of the City’s financial audit for each fiscal year. We expect to issue our agreed upon procedures report no later than December 31st of each year.

Our engagement is limited to the specific services indicated above. We will conduct our engagement in accordance with the attestation standards for agreed-upon procedures engagements established by the American Institute of Certified Public Accountants (AICPA). We are responsible for carrying out the procedures and reporting findings in accordance with these standards. We have no responsibility to determine the differences between the procedures to be performed and the procedures that we would have determined to be necessary had we been engaged to perform another form of attestation engagement.

Our report will list the procedures performed and our findings. Our report will be addressed to City of Del Rey Oaks and will be intended for use by and restricted to the use of the specified parties as identified above. Our report will contain such restricted-use language. As such, using this report for anything other than the original intent of the agreed-upon procedures could mislead the readers. You must notify us immediately if the original users of the report change.

Should we have any reservations with respect to the subject matter, we will discuss them with you before the report is issued.
93 Item 5.

Page | 2 1475 Saratoga Ave, Suite 180, San Jose, CA 95129 Tel: 408-217-8749 • E-Fax: 408-872-4159
[email protected] • www.cnallp.com
We have no responsibility to update our report for events and circumstances occurring after the date of our report.

As part of our engagement, we will request from management, written confirmation concerning representations made to us in connection with the agreed upon procedures. You agree to provide such confirmation.

With respect to any nonattest services we perform, which includes the preparation of the City’s financial statements, note disclosures, supplementary information and required supplementary information other than the MD&A as a part of a separate engagement to audit the City, we will not assume management responsibilities on behalf of the City. However, we will provide advice and recommendations to assist management of the City in performing its responsibilities.

City management is responsible for (a) making all management decisions and performing all management functions; (b) assigning a competent individual to oversee the services; (c) evaluating the adequacy of the services performed; (d) evaluating and accepting responsibility for the results of the services performed; and (e) establishing and maintaining internal controls, including monitoring ongoing activities.

Our responsibilities and limitations of the engagement are as follows: We will perform the services in accordance with applicable professional standards; this engagement is limited to the services previously outlined above and in our audit engagement letter to the City. Our firm, in its sole professional judgment, reserves the right to refuse to do any procedure or take any action that could be construed as making management decisions or assuming management responsibilities, including determining account coding and approving journal entries.

Service Administration and Fees
Our all-inclusive maximum fee for these services will be $4,725 for each fiscal year. However, if we encounter unexpected circumstances that require us to devote more staff time to the engagement than anticipated, we will discuss the matter with you, and any additional fees required for increases in scope will be based upon the number of hours required by the staff assigned to complete the engagement.

Our invoices for these fees will be rendered as work progresses and are payable on presentation.

In accordance with our firm policies, work may be suspended if your account becomes thirty days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the engagement. If cooperation is not provided as anticipated and at a level that hinders the progress of the services to be provided, we retain the right to terminate the contract for cause with thirty (30) days’ notice. During that time, the City will have the opportunity to provide the cooperation required to complete the engagement and C&A may rescind the cancellation. 94 Item 5.

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If we elect to terminate our services for nonpayment, or for any other reason provided for in this letter, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us through the date of termination.

Other Matters
Khoa (Paul) Pham is the engagement partner for the services specified in this letter. His responsibilities include supervising our services performed as part of this engagement and signing or authorizing another qualified firm representative to sign the report.

In connection with this engagement, we may communicate with you or others via email transmission. As emails can be intercepted and read, disclosed, or otherwise used or communicated by an unintended third party, or may not be delivered to each of the parties to whom they are directed and only to such parties, we cannot guarantee or warrant that emails from us will be properly delivered and read only by the addressee. Therefore, we specifically disclaim and waive any liability or responsibility whatsoever for interception or unintentional disclosure of emails transmitted by us in connection with the performance of this engagement. In that regard, you agree that we shall have no liability for any loss or damage to any person or entity resulting from the use of email transmissions, including any consequential, incidental, direct, indirect, or special damages, such as loss of revenues or anticipated profits, or disclosure or communication of confidential or proprietary information.

In the event that we are or may be obligated to pay any cost, settlement, judgment, fine, penalty, or similar award or sanction as a result of a claim, investigation, or other proceeding instituted by any third party, and if such obligation is or may be a direct or indirect result of any inaccurate or incomplete information that you provide to us during the course of this engagement, you agree to indemnify us, defend us, and hold us harmless as against such obligation.

By your signature below, you acknowledge and understand that our engagement is limited in scope and will be confined to our agreed-upon procedures. Because these procedures do not constitute an examination, we will not express an opinion on these procedures, nor the sufficiency of these procedures for your intended purpose. In addition, as we will not audit or review the financial statements of City of Del Rey Oaks, we will not express an opinion or any other form of assurance on the financial statements, except as agreed to in a separate engagement letter.

This engagement letter is contractual in nature, and includes all of the relevant terms that will govern the engagement for which it has been prepared. The terms of this letter supersede any prior oral or written representations or commitments by or between the parties. Any material changes or additions to the terms set forth in this letter will only become effective if evidenced by a written amendment to this letter, signed by all of the parties. 95 Item 5.

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[email protected] • www.cnallp.com
If, after full consideration and consultation with counsel if so desired, you agree that the foregoing terms shall govern this engagement, please sign the copy of this letter in the space provided and return the signed letter to me at [email protected], keeping a fully-executed copy for your records.

We appreciate the opportunity to be of service look forward to working with you.

Very truly yours,
Khoa (Paul) Pham, CPA, Partner
Chavan & Associates, LLP
RESPONSE:

This letter correctly sets forth the understanding of City of Del Rey Oaks.

Signature:

Title:

Date:
96 Item 5.

Page | 1 1475 Saratoga Ave, Suite 180, San Jose, CA 95129 Tel: 408-217-8749 • E-Fax: 408-872-4159
[email protected] • www.cnallp.com
March 18, 2024
City of Del Rey Oaks
650 Canyon Del Rey Rd.

Del Rey Oaks, CA 93940
We are pleased to confirm our understanding of the services we are to provide for the City of Del Rey Oaks (the “City”) for the fiscal years ending June 30, 2024, 2025 and 2026. We will audit the Measure X financial statements of the City and the related notes to the financial statements for each fiscal year, as required by the Transportation Agency for Monterey County’s (TAMC) Ordinance No. 2016-01 and the Measure X Master Programs Funding Agreement between TAMC and the City. Our audit will be conducted with the objective of expressing an opinion on each opinion unit of the City’s Measure X financial statements. In connection with our audit, we will also provide a compliance audit and report on the requirements noted TAMC Ordinance No. 2016-01 and in the Measure X Master Programs Funding Agreement as of June 30, 2024, 2025 and 2026.

Supplementary Information
Supplementary information will accompany the financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the basic financial statements and perform certain additional procedures, including comparing and reconciling the supplementary information to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and additional procedures in accordance with U.S. GAAS.

We intend to provide an opinion on the following supplementary information in relation to the financial statements as a whole:

1. Statement of revenues, expenditures and changes in fund balance – budget and actual.

Page | 2 1475 Saratoga Ave, Suite 180, San Jose, CA 95129 Tel: 408-217-8749 • E-Fax: 408-872-4159
[email protected] • www.cnallp.com
An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. If appropriate, our procedures will therefore include tests of documentary evidence that support the transactions recorded in the accounts. As part of our audit process, we will request written representations from your attorneys, and they may bill you for responding. At the conclusion of our audit, we will also request certain written representations from you about the financial statements and related matters.

In making our risk assessments, we consider internal control relevant to the City’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit. Our responsibility as auditors is, of course, limited to the period(s) covered by our audit and does not extend to any other periods.

We will issue a written report upon completion of our audit of the Measure X financial statements. Our report will be addressed to the governing body of the City. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis-of-matter or other-matter paragraphs. If our opinions on the basic financial statements are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement.

Page | 3 1475 Saratoga Ave, Suite 180, San Jose, CA 95129 Tel: 408-217-8749 • E-Fax: 408-872-4159
[email protected] • www.cnallp.com
Management’s Responsibilities
Our audit will be conducted on the basis that management acknowledge and understand that they have responsibility:

1. For the preparation and fair presentation of the financial statements referred to above in accordance with accounting principles generally accepted in the United States of America;

3. For the design, implementation, and maintenance of internal control over compliance;

7. For following up and taking corrective action on current year audit findings and preparing a corrective action plan for such findings;

8. For submitting the reports issued to the appropriate parties;

9. For making the auditor aware of any significant vendor / contractor relationships where the vendor / contractor is responsible for program compliance;

10. To provide us with:
a. Access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements, and relevant to Measure X program, such as records, documentation, and other matters; b. Additional information that we may request from management for the purpose of the audit; and
c. Unrestricted access to persons within the City from whom we determine it necessary to obtain audit evidence.

11. For including the auditor’s report in any document containing financial statements that indicates that such basic financial statements have been audited by the City’s auditor;

12. For identifying and ensuring that the City complies with the laws and regulations applicable to its activities;

13. For adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the current year period(s) under audit are immaterial, both individually and in the aggregate, to the financial statements as a whole;
99 Item 5.

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14. For acceptance of nonattest services, including identifying the proper party to oversee nonattest work;

15. For maintaining adequate records, selecting and applying accounting principles, and safeguarding assets; and

16. For informing us of any known or suspected fraud affecting the City involving management, employees with significant role in internal control and others where fraud could have a material effect on the financials;

17. For the accuracy and completeness of all information provided; and

18. For confirming your understanding of your responsibilities as defined in this letter to us in your management representation letter.

As part of our audit process, we will request from management, written confirmation concerning representations made to us in connection with the audit.

We understand that your employees will prepare all confirmations we request and will locate any documents or invoices selected by us for testing.

Audit Administration and Fees
Our all-inclusive maximum fee for these services will be as follows:

Fiscal year ending June 30, 2024 $3,675
Fiscal year ending June 30, 2025 $3,675
Fiscal year ending June 30, 2026 $3,675
Our fees include out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.).
100
Item 5.

Page | 5 1475 Saratoga Ave, Suite 180, San Jose, CA 95129 Tel: 408-217-8749 • E-Fax: 408-872-4159
[email protected] • www.cnallp.com
Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit as follows:

Khoa (Paul) Pham, CPA, is the engagement partner for the audit services specified in this letter.

Other Matters
The audit documentation for this engagement is the property of Chavan & Associates LLP and constitutes confidential information. However, we may be requested to make certain audit documentation available to state and federal agencies and the U.S. Government Accountability 101
Item 5.

Page | 6 1475 Saratoga Ave, Suite 180, San Jose, CA 95129 Tel: 408-217-8749 • E-Fax: 408-872-4159
[email protected] • www.cnallp.com
Office pursuant to authority given to it by law or regulation, or to peer reviewers. If requested, access to such audit documentation will be provided under the supervision of Chavan & Associates LLP’s personnel. Furthermore, upon request, we may provide copies of selected audit documentation to these agencies and regulators. The regulators and agencies may intend, or decide, to distribute the copies of information contained therein to others, including other governmental agencies. We agree to retain our audit documentation or work papers for a period of at least seven years from the date of our report.

Nonattest services include the preparation of the audited Measure X financial statements, note disclosures, and supplemental information (as noted above). These items will be prepared from information prepared and provided by the City during our audit, such as the City’s trial balance.

We will not assume management responsibilities on behalf of the City. However, we will provide advice and recommendations to assist management in performing its responsibilities.

Page | 7 1475 Saratoga Ave, Suite 180, San Jose, CA 95129 Tel: 408-217-8749 • E-Fax: 408-872-4159
[email protected] • www.cnallp.com
At the conclusion of our audit engagement, we will communicate to management and the Council the following significant items from the audit:
• Our view about the qualitative aspects of the City’s significant accounting practices; • Significant difficulties, if any, encountered during the audit; • Uncorrected misstatements, other than those we believe are trivial, if any; • Disagreements with management, if any;
• Other findings or issues, if any, arising from the audit that are, in our professional judgment, significant and relevant to those charged with governance regarding their oversight of the financial reporting process;
• Material, corrected misstatements that were brought to the attention of management as a result of our audit procedures;
• Representations we requested from management;
• Management’s consultations with other accountants, if any; and • Significant issues, if any, arising from the audit that were discussed, or the subject of correspondence, with management.

In accordance with the requirements of Government Auditing Standards, a copy of our latest external peer review report of our firm is available upon request or on our website.

If the foregoing is in accordance with your understanding, please indicate your agreement by signing this letter and emailing it to us at [email protected]. If you have any questions, please let us know.

We appreciate the opportunity to be your financial statement auditors and look forward to working with you and your staff.

Very truly yours,
Khoa (Paul) Pham, CPA, Partner
Chavan & Associates, LLP
103
Item 5.

Page | 8 1475 Saratoga Ave, Suite 180, San Jose, CA 95129 Tel: 408-217-8749 • E-Fax: 408-872-4159
[email protected] • www.cnallp.com
RESPONSE:

This letter correctly sets forth the understanding of the City of Del Rey Oaks.

Signature:

Title:

Date:
104
Item 5.

DATE:

TO:

FROM:

SUBJECT:

March 20, 2024
City Council
John Guertin, City Manager
Denise Duffy and Troy Lawson DD&A, Planning Consultants 6th Cycle Housing Element Update
City of Del Rey Oaks 6th Cycle Background.

The Regional Housing Needs Allocation (RHNA) for the 6th Cycle was confirmed in October 2022. RHNA is mandated by state law and quantifies needed housing within each jurisdiction during the specified planning periods or cycles. On December 13, 2023, the City Council adopted the City’s 6th Cycle Housing Element Update (Resolution No. 2023-21). On December 14, 2023, the adopted 6th Cycle Housing Element Update was submitted to the California Department of Housing and Community Development (HCD) for review and consideration.

Housing Element Contents
Key components of the housing element are set forth under State law (California Government Code Sec. 65583 etseq) and related land use regulationsrelated to housing through the Department of Housing and Community Development (HCD). The adopted 6th Cycle Housing Element includes the following required components:

1. Background Information: A housing needs assessment which identifies and analyzes the existing and projected housing needs within the City by examining demographic, employment, and housing trends and conditions, with attention paid to special housing needs (e.g., seniors, large families, persons with disabilities).

2. Constraints on Housing Analysis: An analysis of existing and potential governmental and nongovernmental barriers to housing development.

3. Housing Resources: An inventory of resources relevant to meeting the City's housing needs, including a sites inventory for available land to accommodate the RHNA.

4. Housing Plan: A statement of goals, policies, quantifiable objectives, and financial resources available for the preservation, improvement, and development of housing.

5. Evaluation of Past Performance: Review ofthe previous Housing Element to measure progress and effectiveness of housing and outreach policies and programs.

6. Public Participation: Public outreach and community engagement program, to include all economic segments of the community including any underrepresented groups. 105
Item A.

7. SitesInventory: Identify locations of available sitesto ensure there is enough land zoned for housing to meet the future need at all income levels.

8. Affirmative Further Fair Housing (AFFH): Assembly Bill 686 was passed in 2018 asthe statewide framework to affirmatively further fair housing (AFFH) to promote inclusive communities, further housing choice, and address racial and economic disparities through government programs, policies, and operations.

Background on Draft 6th Cycle Housing Element Update Process 2023 In May, 2023, after public hearings and workshops, the City published the local review or Public Review Draft 6th Cycle Housing Element Update for a 30-day review period. After the close of the 30-day review period on June 26, 2023, comments were published and presented to the City Planning Commission and City Council in July and August hearings. Changes to the May Local Review Draft 6th Cycle Housing Element Update were considered and revisions to the 6th Cycle Housing Element and programs presented. The HCD Review Draft of the 6th Cycle Housing Element was submitted to HCD for their required 90-day review in July, 2023. The City also posted this HCD Review Draft 6th Cycle Housing Element Update on the City’s Housing Element webpage in compliance with AB 215. The HCD mandatory 90-day review of the 2023 Draft Housing Element July submittal concluded in October 2023. HCD review comments were received on October 18, 2023. The requested revisions from HCD on the draft were presented to the Planning Commission and City Council in public hearings held in November and December, 2023. At these hearings, Planning Commissioners, Council members and the community provided comments and questions related to the HCD comment letter and program revisions.

Adopted 6th Cycle Housing Element Update (December 2023) The statutory deadline for completing the update of the Housing Element forthe 6th cycle planning period was December 15, 2023. As noted above, the City Council adopted the 6th Cycle Housing Element Update by resolution on December 13, 2023. The adoption was completed prior to the HCD statutory deadline for 6th cycle (December 15, 2024), and submitted to HCD on December 14, 2023. The City also complied with AB 215 requirements prior to submittal of the adopted Housing Element. Per HCD requirements, HCD conducted the mandatory HCD 60- day review period.

Documentation on previous drafts, HCD letters, public comment letters and the current December 2023 adopted housing element can be found on the City’s website:
https://www.delreyoaks.org/cityhall/page/del-rey-oaks-housing-element HCD Review Comments, February 2024
HCD concluded their review of the adopted Housing Element and submitted their comments to the City on February 12, 2024. On February 20, 2024, City staff and the consultant team met with HCD staff to discuss HCD review comments. The requested revisions from HCD on the Housing Element are currently underway. The HCD Review Letter on the City’s 6th Cycle Housing Element December submittal is included as an attachment to this staff report.
106
Item A.

Discussion and Presentation
City staff and consultant team met with HCD and reviewed HCD comments. The City and consultant team will meet again with HCD assigned staff in the next two weeks to discuss specific program revisions. In the meantime, the City is completing the revisions and program updates and addressing suggested amendments.

Council Consideration
• Receive presentation and conduct public hearing on review of HCD review comments and discuss HCD direction on program revisions.

Next Steps: Based upon HCD letter and information from City during discussion, the City and Consultant team will continue to update the 6th Cycle Housing Element programs and prepare track-change versions to present to the Planning Commission and City Council. The team will continue to work with HCD on revisions and meeting statutory requirements during review.

Revised programs will be discussed and presented to the Planning Commission at an upcoming meeting, and will also be presented to the City Council. Planning Commission and City Council meetings will be scheduled in April.

Attachments

1. Summary of Programs Identified in HCD Comment Letter

2. HCD Comment Letter - City of Del Rey Oaks’ 6th Cycle (2023-2031) Adopted Housing Element February 12, 2024
107
Item A.

Attachment 1. Summary of Programs Identified in HCD Comment Letter Summary of Programs Iden�fied for Revisions HCD Leter
March 21, 2024
HCD Leter Appendix Reference Pages Key Programs Iden�fied HCD Reference A.3, Appendix, Page 2
RE: Shor�all of Sites, Program A.1
Program A.1 Accommodate the City’s RHNA
HCD Reference A.3, Appendix, Page 2-3
RE: Water Capacity, Program C.4
Program C-4 Ensure the Availability of an
Adequate Water Supply to Serve
the Long-Term Housing Needs of
the City
HCD Reference A.3, Appendix Page 3-4
Accessory Dwelling Units: Program C.2
Monitoring and ADU Ordinance
Program C.2 Encourage the Construc�on of
Accessory Dwelling Units
HCD Reference A.3, Appendix Page 4
Emergency Shelters
Program D.4
Program D.4 Support Programs to Reduce
Homelessness
HCD Reference A.4, Appendix, Page 5 Land Use
Controls
RE: Program C.3, Mi�ga�ng Constraints
(Parking)
Program C.3 Mi�ga�ng Constraints
HCD Reference B, B.1, B.2 and B.3, Appendix,

Page 5 ends

Housing Programs, Publicly Available Sites
C.3, Mi�ga�ng Constraints
New Program Request to A.3 Environmental
Constraints, and Developer
HCD Reference C,
Appendix, Page 7
Program E.1 Assist in Rehabilita�ng Housing
HCD Reference C,
Appendix, Page 7
Program E.2 Con�nue Code Enforcement
See following attached HCD Comment Letter
108
Item A.

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
February 12, 2024
John Guertin, City Manager
City of Del Rey Oaks
650 Canyon Del Rey Blvd.

Del Rey Oaks, CA 93940
Dear John Guertin:

RE: City of Del Rey Oaks’ 6th Cycle (2023-2031) Adopted Housing Element Thank you for submitting the City of Del Rey Oaks’ (City) housing element adopted December 13, 2023 and received for review on December 14, 2023. Pursuant to Government Code section 65585, the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from the California Native Plant Society pursuant to Government Code section 65585, subdivision (c).

The adopted housing element addresses some statutory requirements described in HCD’s October 18, 2023 review; however, additional revisions are necessary to substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq). The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.

For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government does not adopt a compliant housing element within 120 days of the statutory deadline (December 15, 2023), then any rezoning to make prior identified sites available or accommodate the regional housing needs allocation (RHNA) shall be completed no later than one year from the statutory deadline pursuant to Government Code sections 65583, subdivision (c) and 65583.2, subdivision (c). Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the City does not adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until these rezones are completed.

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. During the housing element revision process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly 109
Item A.

John Guertin, City Manager

Page 2 ends

available while considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities program, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

We are committed to assist the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Clare Blackwell, of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
110
Item A.

City of Del Rey Oaks’ 6th Cycle (2023-2031) Adopted Housing Element Page 1 February 12, 2024

APPENDIX

CITY OF DEL REY OAKS
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.

Housing element technical assistance information is available on HCD’s website at https://www.hcd.ca.gov/planning-and-community-development/hcd-memos. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/planning-and-community-development/housing-elements/buildingblocks nd includes the Government Code addressing State Housing Element Law and other resources.

A. Housing Needs, Resources, and Constraints

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Local Data and Knowledge, and Other Relevant Factors: HCD’s prior review found that the element should include local data, knowledge, and other relevant factors to better describe and analyze fair housing conditions throughout the City. The element was revised to state that there is no concentration of income types, race and ethnicity, or poverty within the jurisdiction, and there is no disparity in access to education, employment, transportation, or healthy environments (p. A-45). However, the element must also utilize local data and knowledge to better describe and analyze any concentrations of disability, familial status, and disproportionate housing needs, such as cost burden and overcrowding. Please refer to HCD’s October 18, 2023 review for additional information.

2. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).)
Special Need Households: HCD’s prior review found that the element must be revised to include an analysis of the existing needs and resources for each special need group.

While the element was revised to include analysis for some special need groups, the element must still include an analysis of resources and proposed programs to address the magnitude of need for persons with disabilities, large households, extremely lowincome (ELI) households, and farmworkers.

3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and 111
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an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
Parcel Listing: HCD’s prior review found that the element must identify the anticipated affordability level of the units for each site identified in the sites inventory. While the element was revised to include Table A-24, it must resolve discrepancies between anticipated affordability levels and total anticipated capacity for each site. In addition, the element should reconcile information relating to realistic site capacity and anticipated affordability throughout the element, including but not limited to Tables 3-4 (Site Inventory), 3-6 (Quantified Objectives), A-24 (Affirmatively Furthering Fair Housing (AFFH) Sites Inventory), and the electronic sites inventory.

Shortfall of Sites: The element inconsistently discusses whether the City has a shortfall of sites. For example, the element occasionally notes that the City addressed its unaccommodated need from the last planning period and therefore does not have a shortfall. However, the element still includes Program A-1 (Accommodate the City’s regional housing need allocation (RHNA)) committing to rezoning sites pursuant to required shortfall requirements under Government Code section 65583.2, subdivisions (h) and (i). The element must reconcile this information and clearly discuss whether the City has addressed its unaccommodated need from the prior planning period and has sites with adequate zoning to address the 6th cycle RHNA. Based on a complete analysis, the element may need to include or modify programs as necessary.

Availability of Infrastructure:
• Water Capacity – HCD’s prior review found that the element should clarify total water and sewer capacity for sites to accommodate the RHNA, including any potential limitations. While the element stated that the City reasonably assumes that it can accommodate residential units to meet RHNA from the Marina Coast Water District (MCWD) groundwater sources within the 6,160 residential unit limit, this statement seems to be largely based on a calculation of remaining capacity as of May 2019. The element should include an updated calculation of remaining capacity as of the start of the planning period. The element must also clarify whether there is sufficient water set-aside to accommodate the projected number of Accessory Dwelling Units (ADU).

In addition, while Program C.4 was revised committing to secure water entitlements for development on Former Fort Ord sites, the program should commit to additional actions to support water augmentation efforts with discrete timelines for implementation throughout the planning period. The program should also commit the City to annually monitor the availability and supply of water within the MCWD service district and commit to identifying alternative sites and rezoning within six months if the City is not on track to provide adequate water supply for the identified sites.

Water and Sewer Access – The element clearly states that the water and sewer utility lines will need to be extended to provide access to the RHNA sites.

However, the element inconsistently discusses the timing of these infrastructure improvements. The element must demonstrate available or planned capacity and 112
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access for water and sewer during the planning period. The element should be revised to discuss the timing and any potential constraints with the implementation of infrastructure extensions. Additionally, the element must include or modify programs with firm commitments, timelines, and milestones to completing these infrastructure improvements.

Environmental Constraints: The element was revised to clarify that there is adequate land without residential restrictions on Site 1 to accommodate the RHNA. However, the element should discuss any additional steps needed to initiate development in these areas including whether Department of Toxic Substances Control (DTSC) approval and other mitigation efforts are needed. Based on a complete analysis, the element may need to include or modify programs to facilitating development on these sites such as assisting developers and applicants in obtaining the appropriate approvals. Additionally, the element was revised to include the Environmental Impact Report (EIR), which identified various mitigation actions to address biological constraints and hazards on former Fort Ord sites. However, the element should include programs and commitments to supporting and implementing the mitigation measures as identified in the EIR.

Accessory Dwelling Units:
• Incentives – HCD’s prior review found that given the City’s reliance on ADUs to address the RHNA, the element must include strong policies that commit to facilitating and incentivizing ADUs including affordability. While the element included Program C.2 (Encourage the Construction of ADUs), which commits the city to waive or reduce development fees and expedite permit processing, the element generally does not address this requirement. For example, the program commits to “explore” the availability of standardized plans for ADUs; however, it should commit to more specific and measurable actions to provide pre-approved plans. Other strategies could include providing additional homeowner/applicant assistance tools, developing information packets to market ADU construction, pursuing funding opportunities, and targeted advertising of ADU development opportunities. In addition, programs for ADUs should be revised with quantified metrics that also target affordability.
• Monitoring – Lastly, as found in HCD’s prior review, the element must commit to monitoring ADU production and affordability throughout the course of the planning period and implement additional actions if the City is not meeting target numbers anticipated in the housing element. If necessary, additional actions, should be taken in a timely manner (e.g., within six months). The degree of additional actions should be in stride with the degree of the gap in production and affordability. While the element included Program C.2 (Encourage the Construction of ADUs) to monitor the production and affordability of ADUs, this program should specifically commit to identifying alternative sites and rezoning within six months if the City is not meeting the anticipated target numbers for their RHNA.
• ADU Ordinance – While the element included a program committing to updating the City’s ADU ordinance to be compliant with state law, the program must be 113
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revised with a timeline for implementation. Additionally, as found in HCD’s prior review, the element must commit to revising the ordinance to allow ADUs in all zones that allow residential including nonresidential zones e.g., mixed-uses and commercial.

Zoning for a Variety of Housing Types (Emergency Shelters): HCD’s prior review found that the element must address all requirements under AB 2339 (2022). The element was revised to include a program committing to addressing all the requirements.

However, the element must still provide an analysis of how the City addresses these requirements. This includes demonstrating the appropriateness of sites, zoning, and capacity to accommodate emergency shelters, as follows:
• Zoning – The element states that emergency shelters are permitted with in the C-1 zone but must still indicate whether the City permits emergency shelters without discretionary action and whether the C-1 zone allows for residential uses.
• Capacity – The element must analyze the available capacity in the C-1 zone to adequately accommodate the city’s most recent point-in-time count. For example, the element should discuss available acreage in the C-1 zone, including typical parcel sizes and the presence of reuse opportunities. • Suitability – The element must demonstrate the suitability of sites and the identified zone. For example, to demonstrate the suitability of sites, the element should address whether sites are vacant or nonvacant. If sites are generally nonvacant, the analysis must address the extent existing uses impede additional development. For example, to demonstrate the potential for redevelopment, the analysis could evaluate a sample of representative sites, the existing uses and reuse opportunities. To demonstrate the suitability of the zone, the element should discuss the type of services and transit available, general uses in this zone and any conditions inappropriate for human habitability. • Definition of Emergency Shelters – For your information, AB 2339 (2022) expanded the definition of “emergency shelters” to include other interim interventions, including but not limited to, navigation centers, bridge housing, and respite or recuperative care.

Based on a complete analysis, the element must add or modify programs to demonstrate compliance with these requirements.

4. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).)
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Land Use Controls (Parking): The element indicates the City requires smaller bedroom units including studios and one-bedrooms to provide 1.75 spaces per unit and are required to have one garage space. HCD’s prior review found that the element must reduce parking requirements and analyze the garage requirement. Additionally, based on a complete analysis, the element may need to include additional parking modifications. The element was revised to reduce the parking requirements for smaller bedroom units. Additionally, the element included an analysis of the garage requirements indicating that it can be a constraint on the development of multifamily housing. HCD generally finds garage requirements as a constraint to development. As such, the element should include or modify programs specifically committing to removing the garage requirements for multifamily development.

Local Processing and Permit Procedures: HCD's prior review found that the element must analyze the conditional use permit (CUP) requirement for multifamily housing in zones intended to permit multifamily housing. The element was revised to indicate that the City will include a program committing to updating the zoning code to remove the use permit requirements for uses that are already principally permitted (p. 4-9). While the element included Program C-3 (Mitigating Constraints) committing to a zoning code update, it must specifically commit to remove or replace the CUP requirement with a procedure that does not act as a constraint on housing.

B. Housing Programs

1. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding A3, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:

Publicly Identified Sites: HCD’s prior review found that the element must include significant actions to facilitate and encourage development on City-Owned sites, including former Fort Ord Site. The element included a revised analysis indicating that the City released an request for proposal (RFP) and is still working to identify a developer. The element must include a schedule of actions to continue facilitating and incentivizing development on these sites. This includes a program with numerical 115
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objectives including affordability that ensures compliance with the Surplus Land Act if applicable, provides incentives and actions along with a schedule to facilitate development of this site. Actions should include outreach with developers, issuing requests for proposals, incentives, fee waivers, priority processing and financial assistance.

2. The Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderateincome households. (Gov. Code, § 65583, subd. (c)(2).) The element was revised to include some general commitments to address housing for persons with special needs including assisting and support developers with funding applications and conducting broader outreach efforts. However, given the importance of farmworkers and the regional needs, the element must include significant actions to specifically address the needs of farmworkers that are responsive to the analysis. For example, the element could commit to proactive actions to coordinate with non-profit developers, employers, and other related organizations, to explore funding and incentives and to identify specific development opportunities. Other strategies could include developing informational materials on farmworker housing, pursuing funding, and providing technical assistance on funding applications.

3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Finding A4, the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.

4. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).)
The element was revised with some additional actions to address AFFH. However, this generally does not address HCD’s prior review. First, as noted in Finding A1, the element requires a complete AFFH analysis. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues. Second, actions must be significant and meaningful enough to overcome identified patterns and trends. Third, actions must have specific commitment, metrics and milestones as appropriate. Given that most of the City is considered majority high resourced community, the element should focus on programs that promote housing mobility and encourage development of more housing choices and affordable housing throughout the community. Examples include promoting more housing choices 116
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and affordability in lower-density areas (e.g., missing middle housing types), identifying additional multifamily areas, additional religious institutional sites, enhancing ADUs, junior accessory dwelling units (JADU) or additional conversion of existing space, home sharing strategies and city-wide affordable rental registry. Furthermore, all programs must include geographic targeting and metrics to target significant and meaningful outcomes in the planning period.

C. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
As noted in HCD’s prior review, the element must include quantified objectives to establish an estimate of housing units by income category that can be constructed, rehabilitated, and conserved over the planning period. While the element was revised to include Table 3-6, the table must still include objectives for ELI households. Additionally, HCD’s prior review found that the element should include quantified objectives for rehabilitation and conservation across income categories. The element included rehabilitation objectives limited to ADUs. However, the element should increase objectives for rehabilitation and conservation beyond ADUs. For example, objectives could be increased by incorporating anticipated outcomes from the following programs: Program E.1 (Assist in Rehabilitating Housing) and Program E.2 (Continue Code Enforcement).
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{AJL-01465843;2}

C I T Y O F D E L R E Y O A K S
DATE: March 26, 2024
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. On February 27, at the request of the applicant, the Council continued the item 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).

On June 9, 2023, the City’s Building Official, Joe Headley, provided Plan Review Comments that included, in relevant part, a determination that the plans incorrectly stated the Building’s square footage. The June 9, 2023, Plan Review Comment document is attached hereto as Exhibit A.

Shortly thereafter, the Owner’s counsel submitted a letter, dated June 16, 2023, to the City arguing that Mr. Headley’s determination regarding the Building’s square footage was incorrect for a variety of reasons. The letter is attached hereto as Exhibit B.

Staff Report
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{AJL-01465843;2}
In response, Mr. Headley issued another Plan Review Comment document dated July 11, 2023, which clarified and augmented the June 9, 2023 Plan Review Comment document. The July 11, 2023, Plan Review Comment document is attached hereto as Exhibit C.

Shortly thereafter, Mr. Headley and City Manager Guertin met with the City Attorney to discuss this matter. After the meeting, on July 13, 2023 the City Attorney sent Owner’s counsel a letter outlining the reasons for the City’s position on the matter, and why the City disputed the contentions made by the Owner’s counsel. The July 13, 2023, City Attorney’s letter is attached hereto as Exhibit D.

Thereafter, the Owner filed an appeal of Mr. Headley’s determination.

Appeal
In many jurisdictions, a separate hearing board is established to hear appeals of building decisions and interpretations. Here, the City has no such hearing board and therefore, as noted above, the Council is the appropriate body to hear this appeal.

This appeal hearing before the City Council is de novo, meaning the Council does not defer to Mr. Headley’s determination. Rather, the Council must hear the Owner’s appeal, the City’s response, and consider the evidence presented by both parties at the hearing. From there, the Council has the authority to deny the appeal (and therefore uphold Mr. Headley’s determination), or grant the appeal (and therefore reverse Mr. Headley’s determination).

Whether the Council upholds the appeal or denies it, it must make specific findings on the record at the hearing to support its decision.

Fiscal Impacts
There will be no direct financial impact as a result of this action.

ATTACHMENTS:
• As noted.

Respectfully Submitted,
_______________________________
John Guertin
City Manager
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Council Report from Vice Mayor John Uy, Ed.D. 1
Council Report from Vice Mayor John Uy
March 26, 2024
I. Council Report: Speaker on the Women's Council of Realtors Panel Discussion on February 26, 2024
I am delighted to share with you an insightful recap of my recent participation in the panel discussion organized by the Women's Council of Realtors at Laguna Seca Golf Ranch on February 26, 2024. It was truly an honor to represent our beautiful city as one of the speakers at the panel discussion alongside esteemed colleagues from neighboring municipalities, Councilmember Ed Smith from Monterey, Councilmember Alex Miller from Seaside, and Planning Manager Grant Leonard from Salinas. Together, we engaged in constructive dialogue addressing pertinent issues and charting a course toward a brighter future for our communities.

I had the privilege to address pressing questions and share insights aimed at fostering positive change and progress.

1. Housing Mandate Update for Del Rey Oaks:

One of the pivotal points of discussion was our city's ongoing efforts to address housing needs as outlined in the Regional Housing Needs Assessment (RHNA). Del Rey Oaks continues to make significant strides in addressing our housing needs. We recently adopted the 6th Cycle Housing Element, marking a pivotal step forward in our commitment to providing housing opportunities 120
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for all and underscoring our commitment to meeting state-certified housing requirements. Our Regional Housing Needs Assessment (RHNA) underscores the imperative to accommodate projected household growth, with an allocation of 184 units in this cycle alone. Through initiatives like the Accessory Dwelling Unit (ADU) ordinance adopted in 2021, we are fostering a supportive environment for ADU development, with the expectation of 20 new units over the planning period. Additionally, our engagement with the State Department of Housing and Community Development underscores our dedication to affirmatively furthering fair housing, ensuring equitable access to housing opportunities for all members of our community.

2. City Priorities and Challenges for 2024:

As we embark on a new year filled with promise and opportunity, our city's priorities remain steadfastly focused on fostering sustainable development, enhancing infrastructure, and ensuring public safety. The development of Former Fort Ord Properties presents a unique opportunity to address housing, recreational, and environmental needs while bolstering our revenue streams. Addressing infrastructure requirements, including road repairs, wildfire fuels reduction, and stormwater system maintenance, is paramount to safeguarding the well-being of our residents and ensuring the resilience of our community. However, we acknowledge the challenges ahead, including the need to diversify revenue sources, retain talented staff, and 121
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enhance municipal service delivery. Through collaborative efforts and strategic planning, we are confident in our ability to overcome these obstacles and emerge stronger than ever.

3. ADUs and Lot Splits Summary Discussion:

During the panel discussion, we
provided a comprehensive overview
of Accessory Dwelling Units (ADUs)
and lot splits in Del Rey Oaks. The
development of Accessory Dwelling
Units (ADUs) remains a key focus
area for Del Rey Oaks, with recent
milestones indicating progress
towards facilitating ADU production.

While challenges such as water
availability persist, ongoing initiatives
such as the Pure Water Monterey
(PWM) Groundwater Replenishment
Expansion Project and the Monterey
Peninsula Water Supply Project
(MPWSP) offer hope for future
expansion and water availability.

Since 2020, we have issued permits
for 12 ADUs, with plans to further
incentivize ADU production through
fee waivers and expedited
processing. Additionally, Senate Bill 9
presents opportunities for housing development through lot splits, although interest in this option within our community remains limited at present.

4. Rental Registry Considerations:

During the panel discussion, I was also asked whether we are considering the implementation of a Rental Registry similar to those in Salinas and Monterey. I responded that approximately 75% of residences in Del Rey Oaks are owner-occupied. Despite our city's limited rental availability, we remain focused on uplifting our community and prioritizing initiatives that align with our current resources and priorities. At present, implementing a rental registry may not be at the forefront of our agenda, especially considering our modest city revenues. We continue to explore avenues to enhance our city's vibrancy and support our residents in meaningful ways.

In conclusion, I am deeply grateful for the opportunity to represent Del Rey Oaks and engage in positive and meaningful dialogue with stakeholders from across our region here in Monterey County. Together, we are laying the groundwork for a vibrant and inclusive community where 122
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all residents can thrive. As we navigate the opportunities and challenges that lie ahead, let us remain steadfast in our commitment to building a better future for generations to come. 123
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II. Council Report: Regular Meeting of the DRO City Council on February 27, 2024 I am honored to present to you a report on our recent Regular City Council Meeting held on February 27, 2024. This meeting was a testament to our commitment to transparency, progress, and the well-being of our community. Throughout the evening, we discussed and made decisions on various important matters that will shape the future of our city.

During the meeting, we had the opportunity to review and approve the January 2024 Financial Reports. These reports provided us with a comprehensive overview of the City's financial performance and position. I am pleased to report that our city continues to maintain a healthy cash balance, with $13,283,543 in funds invested, of which $4,609,544 are unrestricted. This financial stability allows us to continue providing essential services and investing in the betterment of our community.

Furthermore, we discussed and approved the Mid-Year FY 2023-24 Budget Recommendations.

These recommendations ensure that our budget aligns with the current needs and demands of our community. We strive to maintain transparency and fairness in our fee structure, and these budget adjustments reflect our commitment to responsible financial management.

Another significant topic of discussion was the proposal to place a measure on the November 2024 General Election Ballot to increase the City's Transient Occupancy Tax. The City Council provided guidance to City Hall Staff about this, and staff will come back with a more definite proposal. If approved, this measure will provide additional revenue for our city and enable us to invest in vital infrastructure projects and community programs. We encourage all citizens to stay informed about this measure and participate in the upcoming election. I firmly believe that this proposal aligns with our commitment to creating a thriving and sustainable community. It is an opportunity for us to strengthen our financial foundation, enabling us to meet the evolving needs of our residents and maintain the high quality of life we cherish.

In addition to these important matters, we also took the time to recognize and celebrate Black History Month. Mayor Scott Donaldson proclaimed February 2024 as Black History Month, emphasizing our commitment to diversity, equity, inclusion, and mutual respect. We 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.

As a person of color and a council member, I am deeply moved by this recognition of Black History Month. It is a time for us to reflect on the remarkable contributions and achievements of African Americans throughout our nation's history. It is a time to honor the resilience, strength, and unwavering spirit of those who have fought against prejudice and injustice to build lives of dignity and opportunity.

Black History Month is not only a celebration of the past, but also a call to action for the future.

It reminds us of the ongoing need to combat racism and work towards a society that upholds the ideals of freedom, equality, and justice for all. It is a reminder that our diversity is our 124
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strength, and that by embracing our differences, we can create a world that is more just, peaceful, and prosperous for everyone.

In Del Rey Oaks, we are committed to fostering a community that values diversity, equity, and inclusion. We recognize that our collective success depends on our ability to come together, listen to one another, and learn from each other's experiences. By celebrating Black History Month, we are taking a step towards building a more inclusive and understanding community.

Thank you, Mayor Donaldson, for this proclamation, and thank you to my fellow council members and the residents of Del Rey Oaks for your commitment to diversity and unity.

Together, let us celebrate our diverse heritage and culture, and continue our efforts to build a community that embraces and uplifts every individual.

Approve First Reading of Ordinance Regulation Smoking in Multi-Unit Residences I am deeply committed to advocating for safe and healthy living for all our residents. With this agenda item, I believe it is crucial to engage in a thoughtful and productive discussion about the Approval of the First Reading of the Ordinance regulating smoking in Multi-Unit Residences.

This ordinance represents a significant step towards creating a safe and healthy living environment for all our residents.

I want to express my gratitude to our dedicated staff for their diligent work in developing this ordinance and providing us with valuable insights. Their commitment to the well-being of our community is truly commendable.

As we move forward with this ordinance, it is essential to remember that our primary goal is to protect the health and safety of our residents. By regulating smoking in multi-unit residences, we are taking proactive measures to reduce exposure to secondhand smoke and create a healthier living environment for everyone.

I encourage all of us to embrace this ordinance as an opportunity to foster a culture of respect, consideration, and well-being within our community. Let us engage in open and constructive conversations with our neighbors, landlords, and property owners to ensure a smooth transition and understanding of the new regulations.

Together, we can create a community where everyone feels safe, valued, and empowered to lead healthy lives. Let us continue to work hand in hand, supporting one another in our shared commitment to safe and healthy living.

Thank you for your dedication to the well-being of our community, and let us move forward with confidence and compassion.
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III. Council Report: Primary Election Day on March 5, 2024 The act of voting is not merely a civic obligation; it is a sacred trust, a solemn pact between the governed and their representatives. It is a manifestation of our shared commitment to the principles of democracy—equality, justice, and liberty for all. In casting our ballot, every citizen becomes an architect of our collective destiny, contributing to the vibrant tapestry of our country's governance.

I wish to extend a heartfelt message to my friends and neighbors: I implore you to exercise your right to vote in every election. Your voice matters, and your participation is vital to the health and vitality of our democracy. Let us stand together as engaged and responsible citizens, united in our commitment to building a better future for all.
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IV. Council Report: Heartfelt Message of Vice Mayor John Uy for International Women’s Day last March 8, 2024
On this day, as we mark
International Women's Day, I am
filled with an immense sense of
pride and gratitude for the
incredible women who shape our
lives and community. From leaders
in business and education to
caregivers, artists, activists, and
beyond, our community is
enriched by the strength,
resilience, and compassion of
women from all walks of life.

To all the daughters, mothers,
sisters, friends, and mentors who
inspire us every day, thank you.

Thank you for your unwavering
dedication to making our world a
better place, for your tireless
efforts in lifting each other up, and
for the invaluable contributions
you make to every aspect of our
community.

Today, let's not only celebrate the
achievements and progress we've
made but also recommit ourselves
to the ongoing work of gender
equality and empowerment.

Together, let's continue to break
down barriers, challenge
stereotypes, and create a future
where every woman and girl can
thrive and fulfill her dreams.

To all the women of Del Rey Oaks and in the world, know that you are cherished, respected, and admired. Your voices matter, your stories inspire, and your presence makes our community stronger.

Happy International Women's Day! Let's continue to shine brightly today and every day. 127
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V. Council Report: Seaside County Sanitation District Board of Directors Meeting – March 12, 2024
During the Seaside County Sanitation District
meeting on March 12, 2024, the Board of
Directors and District Staff came together to
discuss important matters and make decisions
that will positively impact our community. The
meeting began with a warm welcome and roll
call, ensuring that all members were present
and ready to contribute.

One of the highlights of the meeting was the
review of the agenda, where the Board had
the opportunity to add any additional items
that arose after the posting deadline. This
demonstrated their commitment to
transparency and ensuring that all important
matters were addressed.

The public comment period provided an inspiring moment, as members of the public were given the opportunity to voice their concerns and opinions on matters within the jurisdiction of the Board. This open dialogue fosters a sense of community and allows for diverse perspectives to be heard.

The consent agenda included the acceptance of the Seaside County Sanitation District Operations Report for February 2024. This report showcased the hard work and dedication of the District Staff in maintaining the sanitation operations in our community. It is truly inspiring to see the commitment to excellence and the continuous efforts to ensure a clean and healthy environment for all residents.

Another significant item on the agenda was the approval of the January and February 2024 expenditure report. The Board's careful consideration and approval of these expenditures demonstrate their commitment to responsible financial management and ensuring that resources are allocated effectively.

Overall, the meeting was a success, with the Board and District Staff working together to address important matters and make decisions that will benefit our community. Their dedication and commitment to excellence are truly inspiring, and I am proud to report on the progress made during this meeting.
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Item A.

Council Report from Vice Mayor John Uy, Ed.D. 10
VI. Council Report: AMBAG Board of Directors Meeting – March 13, 2024 During my attendance at the
AMBAG Board of Directors
meeting on March 13, 2024, I was
inspired by the dedication and
commitment of the members to
address the pressing issues facing
our Monterey Bay Area
community. The meeting
showcased the collaborative
efforts of various stakeholders to
create a sustainable and inclusive
future for our region.

One of the highlights of the
meeting was the presentation on the Carbon Reduction Program (CRP) Draft project selection criteria. This program aims to reduce transportation emissions and combat climate change. It was heartening to see the AMBAG region receiving significant funding for this initiative, with a total of $6.83 million allocated over five years. The draft project selection criteria, which includes alignment with the program's goals, project readiness, and regional significance, demonstrated a thoughtful and strategic approach to achieving tangible results.

Another notable update was the progress made in the development of the 2050 Metropolitan Transportation Plan/Sustainable Communities Strategy. This comprehensive plan aims to address the transportation needs of our growing region while promoting sustainable and equitable development. The inclusion of draft performance measures showcased AMBAG's commitment to data-driven decision-making and accountability. It was encouraging to witness the dedication of AMBAG staff in engaging with local jurisdictions and stakeholders to ensure the plan reflects the needs and aspirations of our community.

Furthermore, the discussion on the 2024 Title VI Program development process highlighted AMBAG's commitment to inclusivity and equitable public participation. The program aims to ensure that all community members, including Limited English Proficiency populations, have a voice in the decision-making process. The outlined timeline for public comment and engagement demonstrated AMBAG's dedication to transparency and collaboration.

Overall, my experience at the AMBAG Board of Directors meeting left me feeling inspired and hopeful for the future of our Monterey Bay Area. The commitment of the members, the progress made in addressing transportation emissions, and the emphasis on inclusivity and sustainability all contribute to a brighter and more prosperous future for our community. I am grateful to be a part of this collective effort and look forward to the positive impact we will make together.
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Item A.

Council Report from Vice Mayor John Uy, Ed.D. 11
VII. Council Report: Heartfelt Message of Vice Mayor John Uy for St. Patrick’s Day last March 17, 2024
Happy St. Patrick's Day
to all our friends and
neighbors!
As we don our green attire
and raise a toast to the
Emerald Isle, let us take a
moment to celebrate the
spirit of the Irish and the rich
traditions that unite us all.

St. Patrick's Day is more than
just a day of revelry; it's a
testament to the resilience,
humor, and warmth of the
Irish people. It's a time to
honor our heritage and the
contributions of the Irish
community to our vibrant
tapestry of cultures.

To our Irish friends near and
far, may your day be
touched with a bit of Irish
luck, filled with laughter, and
blessed with the company of
cherished loved ones. May
the road rise to meet you,
may the wind be always at
your back, and may your
heart be light and your troubles few.

As we celebrate St. Patrick's Day, let us embrace the spirit of camaraderie and friendship that knows no bounds. Let's raise our glasses high and toast to the bonds that unite us, transcending distance and differences.

Wishing you all a St. Patrick's Day filled with joy, laughter, and the warmth of Irish hospitality.

Sláinte!
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Item A.

Council Report from Vice Mayor John Uy, Ed.D. 12
VII. Council Report: Heartfelt Message of Vice Mayor John Uy for the Persian New Year last March 19, 2024
I am honored to extend my warmest wishes to our Persian community as you celebrate the joyous occasion of Nowruz.

Nowruz is not just a time for festivity; it's a celebration of renewal, hope, and the triumph of light over darkness. It symbolizes the beginning of spring, marking a season of rejuvenation and growth.
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Item A.

Council Report from Vice Mayor John Uy, Ed.D. 13
To our Persian friends and neighbors, may this New Year bring you abundant blessings, happiness, and prosperity. May your homes be filled with laughter, your hearts with love, and your tables with the warmth of cherished memories shared with family and friends.

In the spirit of Nowruz, let us all embrace the values of unity, compassion, and understanding that bind us together as a community. Let's celebrate our diversity and embrace the richness of our cultural heritage.

Wishing you all a Nowruz filled with joy, peace, and endless possibilities. Happy New Year!

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Item A.

Kim Shirley’s Council Report
for Tuesday, March 26, 2024
Tuesday, February 27th- City Council Meeting- This month’s council meeting began with a proclamation celebrating Black History Month, and then we quickly passed the Consent agenda items. Next, under “Old Business” we agreed to carry over the decision regarding the square footage of 121 Calle del Oaks that we discussed in January. We’re hoping for a decision outside of council chambers, so we’ll see if anything comes back to us in March (as I write this, I haven’t received any additional information regarding the outcome). We had three items of “New Business” to cover. The first was an introduction to a new ordinance that bans smoking in 3 or more multiunit housing complexes. This ordinance was well supported by board members at The Oaks Condominiums and will certainly provide relief to those who may live near a smoker and feel trapped by the exposure of second-hand smoke. It was reported that one of the smokers at The Oaks was happy to hear about the ordinance as it would provide another good reason to quit! I’m so happy with this ordinance and look forward to its final approval at the March meeting. Many thanks to staff for putting this together and to Gonzalo Coronado at the County Health Department for his guidance and support. The residents of Del Rey Oaks will be healthier with this action!
Next, we discussed mid-year adjustments to the annual city budget. Only small edits were made, so there weren’t any big discussions, but I was happy to find out we’ll be getting those council chamber upgrades by the end of this fiscal year. During this discussion, I did make the point that since we haven’t been able to do any strategic planning as a council, I believe it’s important that we all come to budget discussions for next fiscal year with ideas for what we’d like to see done. The budget should reflect our values and the direction we’d like to see the city move, so I do hope that council members, and just as important–the residents, come prepared with comments and ideas for what they’d like to see in the next year for our city. We’ll start budget discussions soon (look for the finance meetings which occur at noon on the second Friday of the month) and we’ll adopt a final budget in June.

Lastly, we had an interesting discussion about the idea of putting a measure on the November ballot that would increase our Transient Occupancy Tax (TOT). TOT is the tax that people pay when they stay in a hotel or short-term rental. We obviously don’t have any hotels, but our short-term rentals do bring in a surprising amount of revenue. Our current TOT is set at 10% and we discussed moving the TOT to 12% and then we went so far as to maybe even think about 15%. If this does make it to the ballot, we’re going to have to be VERY clear about the type of tax this is (our residents will only benefit and it won’t cost them anything!). In the end, we directed staff to talk to other local jurisdictions to see if anyone else was thinking about raising their TOTs. Our TOT is very similar to the rest at this point and it seems as though others haven’t made adjustments in a while. We may start the discussion and then collectively cause others in the region to re-evaluate their 1 133
Item A.

TOTs, too. Regardless, it looks like we’re all in support of getting this on the November ballot.

And finally, the City Manager’s report included the letter we received back from the State Housing and Community Development (HCD) telling us what we’ll need to do to move towards compliance on our 6th cycle Housing Element. I know it will be a lot of work, but I think it was a shorter letter than was anticipated, so I look forward to digging into the details at future meetings.

Thursday, February 29th- Seaside Community Services Building, Town Hall Meeting with Wendy Root-Askew- I attended this meeting to learn more about the plans to tear down and build back up the new county building on the corner of Noche Buena and Broadway Avenue. Supervisor Root-Askew did a great job of bringing together representatives from all of the county agencies that will be included in this building. The main focus will continue to be on Social Services within the county, but the biggest move will be for the Seaside Library, which will move from its current location next to City Hall.

District Attorney Jeannine Pacioni was also there to talk about the Family Justice Center that she’d like to incorporate into the building. She gave a fascinating example of how far a person would have to drive in our county if they were a parent and a victim of domestic violence. She estimates that they would have to drive over 250 miles with probably a dozen stops to get everything covered. The vision is to have everything located in this one building to prevent the extra stress of travel, making it much easier for those who need those services. Currently, the county only has funding for the planning stages, but that’s a start! Plans and a vision are what they’ll need for the next step in finding that funding.

Saturday, March 2nd- Braver Angels Meeting- This was our monthly meeting which brings together local Republicans, Democrats, and other party affiliates to share and learn about how we can connect and discuss our differences. This month there was a focus on getting in small groups to discuss what we feel are important local issues. Although we may have different solutions for these issues, it was clear that many agreed that affordable housing, lack of water, and homelessness were the topics that came up for many people.

Although it’s not always easy, I do appreciate the opportunity to listen to different voices which can break down stereotypes we have about “the other side.” Just when you expect a certain view, someone surprises you with a view you hadn’t expected. I will admit though–it’s not all rainbows and unicorns, but I am finding it interesting to learn more about this process, especially with the big election year ahead. And with that in mind, I also signed up for a Braver Angels workshop entitled, “Skills for Disagreeing Better.” I’ll report back next month to let you know how it went!
Monday, March 4th- Monterey High’s MAOS Internship Night- I was happy to be invited to volunteer during this special event when all of the MAOS high school seniors presented their internship projects to members of the community. As a volunteer, I was tasked with listening to the seniors talk about their projects and then interviewing them to learn more. I 2 134
Item A.
loved seeing students in action and appreciated their ability to share what they worked on with such passion and enthusiasm as they talked about what they did, what they learned, and how they might apply those skills in the future. I spoke with students who shared experiences with editing the school newsletter, volunteering at the Monterey Bay Aquarium, and two students who completed a remotely operated vehicle (ROV) camp. I thoroughly enjoyed meeting these students and was happy to provide them all with written supportive comments at the end. I’m grateful that I was able to participate in such a fun event! Thank you, DRO resident, Ms. A for the invite!
Wednesday, March 6th- Special Board of Directors Meeting: ReGen Workshop- This half-day workshop was an excellent opportunity for both new and old board members to have a greater understanding of solid waste within the county while also drilling down into ReGen operation specifics that we generally aren’t able to cover. Staff provided three presentations which were followed with discussions. The first was titled: “Solid Waste Landscape in Monterey County and Beyond.” The second presentation was a deep dive into all of the departments at ReGen including their budgets, number of employees, and a description of what they do. The last presentation was a review of the current development plan for our land footprint and possible alternative plans for the future. Overall, we covered a ton of information that will be so important for all of the board members to know as we make decisions in the future. Some big takeaways for me include the need to continue our conversations around taking in solid waste from regional sources as opposed to only taking in waste from our member jurisdictions. Almost 50% of our solid waste comes from San Jose, which provides revenue to keep prices lower for our member jurisdictions.

There’s a line there in regards to maintaining the longevity of our landfill versus providing financial benefits to our members. That discussion is informed by the knowledge of all of our operations at ReGen as well as the awareness that in the next 10+ years we will have needed to make some decisions regarding the overall buildout of the landfill. We’re lucky enough to have several different types of operations on our footprint (compositing, a truck yard for waste haulers, concrete recycling, sand processing, and a stormwater pond).

These things will need to be moved as we prepare space for our future solid waste. As we make those decisions, those discussions will need to be made with board members who are well-informed of our regional/local solid waste needs, and who have an understanding of the diversity of our departments, combined with knowledge of our financial needs.

These are extremely important decisions and I’m thankful that we’ve got a great staff who are taking the time to educate the board so that we can make good decisions for our future.

Friday, March 8th- Del Rey Oaks Finance Meeting- At this monthly meeting, we reviewed our financials from February which continue to be good news. The city does an excellent job limiting its spending and sticking to the budget, which will ultimately provide a surplus at the end of the year. The other item for this meeting was talking about a ballot initiative that the California League of Cities is pushing to have all cities oppose in the November election. This initiative, which is being billed as a “Taxpayer Protection” ballot 3 135
Item A.
measure, is being pushed by large corporations but will have significantly detrimental effects on the way cities can charge for services. It’s unusual for CalCities to do this type of advocating which is an indication of how financially devastating this could be for many cities. Governor Newsom has filed a legal challenge to this measure which argues that the changes are so significant that it amounts to a change in how the California Constitution structures government finance. It’s expected that a court decision will come by the end of June before the final ballot is decided. After a brief discussion, we approved moving forward with a resolution to oppose this measure.

Monday, March 11th- Monterey-Salinas Transit Board Administrative Performance Committee Meeting- During this meeting we reviewed the monthly bus report and learned that we have 21 new coach operators going through training which is the largest class they’ve ever had! If all become certified, then we will have all of our positions filled for the first time in many years. Having these drivers will help us add to our better bus network and work towards more timely arrivals with more buses on the routes. We also received reports from our State and Federal lobbyists. It was good to be reminded that money from the federal Infrastructure bill remains untouched with the budget talks and will provide us with needed transportation funds. Lastly, we also reviewed MST’s Investment Policy. No big changes, but it will be brought forward to the full board next month. MST spreads its investment money into three, safe areas which include CD’s, LAIF (State pooled investment for public agencies), and US Treasury Bills.

Monday, March 11th- Monterey-Salinas Transit Board Meeting- Please see the MST board highlights in our agenda packet. I will point out that I was very happy when our board voted to start including “non-profit human service agencies” in our 50% group discount for monthly bus passes which was caused by a request from Alliance on Aging.

They have over 400 seniors who use bus passes every month, so I’m happy we’re able to provide the discount for those on fixed incomes. On another request, we also voted to permanently continue issuing discounted bus passes for the School Bus Pass Program which will greatly benefit our local high school students. Good stuff! Wednesday, March 13th- Watermaster Technical Advisory Committee Meeting- True to its name, these meetings are generally technical, and I always feel on the edge of understanding, but for some reason, I was the one who spoke the most in this Zoom meeting! First, when we reviewed the reports from our staff on all of the local water meetings he had attended, I made a pitch that I’d like to have the Salinas Valley Basin Groundwater Sustainability Agency (SVBGSA) present at our next Watermaster mtg. Our basin “leaks” into their basin and I think we all need to be talking more as a collective.

Right now, SVBGSA is working towards a plan to deal with seawater intrusion. They are in the early stages but it would be good to see if we’re able to play any part in the plan to protect their basin.
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Item A.

The other big topic was talking about suggested ways to determine if the slightly higher conductivity levels in one of our wells might be an indicator of seawater intrusion. There isn’t an eminent concern but we talked about all the sources of data which can help us make some determinations. We also talked about getting a cost for updating our Seawater Intrusion Response Plan, which provides the triggers for action. I was in support of all of the suggestions for addressing this increase in conductivity.

Lastly, we talked about whether we’d want to not have a presentation on our annual Seawater Intrusion Report and have the report placed on the website instead which would reduce the need for a couple of additional meetings. I pushed back on that idea since I think it’s important that we collectively discuss that report and are able to talk to the consultants while we do it. I don’t mind suffering through a couple of extra meetings in the name of greater knowledge, transparency, and information accessibility. Others agreed and we decided to stick with our original plan for presenting the report to both the Technical Advisory Committee and the Watermaster Board. 5 137
Item A.

City Council report for Bill Ragsdale-Cronin 3/20/24
Attended monthly directors meeting for M1W, discussed moving the monthly billing to the property tax bill, ultimately decided to not do an “opt-out” program, and directed staff to proceed with getting things ready for the move. Each member entity will have to agree to move their monthly fees to the tax bill as well. M1W is reaching out to member entities to assist if needed.

Provided feedback to the Board Chair requesting committee assignments, requested Budget and Personnel and Special Projects.

Was appointed to be on the ad-hoc committee to work with Regen on a power sharing project.

Attended the City budget meeting, things are looking good as we are over on anticipated revenues, and under on budgeted expenditures. Great job Everyone. 138
Item A.

Del Rey Oaks City Council’s Representative to the
Monterey County Mosquito Abatement District (MCMAD) Board of Trustees Report: Mar 2024
The MCMAD met at Noon on March 12, 2024. (See attached March Agenda) The meeting was held at 926 E. Blanco Road in Salinas
The minutes of the February 2024 meeting were approved (attached).

The board approved the draft succession plan for the district, with the addition of an “emergency back-up” section to the plan.

The board is still reviewing investments options.

The board approved the policy change concerning substance abuse, with the addition of a paragraph addressing those employees with (drone) pilots licenses.

The board reviewed and discussed the initial draft 24-25 fiscal year annual budget. Questions were asked and feedback was given. The budget committee will be meeting, and then brief the board of trustees at the April meeting.

Monthly Operations Report:
a. With the recent rains, ponds and other locations are filling with water. Both the Frog Pond and Laguna Seca are full. At this time, with the recent rains, most of the water is flowing, thus not prone to mosquito larvae breeding at this time. b. The team viewed mosquito the fish breeding program at another, large agency and came back with some ideas to expand the MCMAD’s program.

Monthly Administrative Report:
a. The district is working to get on the “Public Access” TV channels. b. The district is evaluating its public media outreach, it appears that some outlets have not reached the intended audiences.
c. It was announced that there are two open seats on LAFCO’s board. d. The Chair of the MCMAD Board of Trustees, Jeff Cecilio, is the Secretary of the Monterey Special District Association.
e. The new Administrative Assistant is Kelly Gutierrez (sp?): Moan Sloan will be retiring in April.
f. The District passed its County Health Department inspection. g. The district provided a tour of the facilities to the Monterey County Environmental Health Department.
h. The next meeting for the Monterey County Mosquito Abatement District Board of Trustees will be at Noon on April 9, 2024, at 926 East Blanco Rd, Salinas, CA 93901. 139
Item A.
862
nd REGULAR MEETING
OF THE

BOARD OF TRUSTEES
926 East Blanco Road
Salinas, CA. 93901
926EastBlanco Road
March 12, 2024 ~AGENDA~ 12:00 P.M. Noon
Salinas, CA 93901
(831) 422-6438 p
Office Hours:

Monday – Friday
8 a.m. – 4:30 p.m.

Jeff Cecilio
Board Chair
County at Large
Don Cranford
Vice Chair
County at Large
NancyAmadeo
Secretary
City of Marina
Ian Oglesby
Trustee
City ofSeaside
Ray Coopersmith
Trustee
County at Large
Mary Ann Carbone
Trustee
CityofSandCity
Louise Goetzelt
Trustee
CityofDelReyOaks
Jim Tashiro
Trustee
City of Salinas
Jeff Glass
Trustee
City of Monterey
We strive to host inclusive, accessible meetings that enable all individuals, including individuals with disabilities, to engage fully. To request an accommodation or for inquiries about accessibility, please contact the District.

1. CALL TO ORDER:

2. AGENDA MANAGEMENT:

3. ROLL CALL – ESTABLISHMENT OF QUORUM:

4. PUBLIC INPUT: (Limited to 3 minutes)
The consent calendar includes routine items than can be approved with a single motion and vote. A member of the Board of Trustees may request that any item be pulled from the Consent Calendar for separate consideration

5. CONSENT CALENDAR:

A. APPROVAL OF THE MINUTES: February 2024
B. PAYROLL WARRANTS: February 2024 $94,493.07
C. COMMERICAL WARRANTS: February 2024 $35,084.75
D. UMPQUA BANK: January 2024 $2,659.85
E. TIME DISTRIBUTION: February 2024
F. BALANCE SHEET: February 2024
G. SCHEDULE OF EXPENDITURES: February 2024

6. BUSINESS ITEMS:

A. Approval of District’s Succession Plan to be integrated with Strategic Plan B. In response to AB 2188, approval to change policy #2190 Substance Abuse C. First reading of the 24-25 fiscal year annual budget - Trustee Tashiro

7. MONTHLY TECHNICIAN REPORT: Tersa Soria, Mosquito Technician

8. MONTHLY ADMINISTRATIVE REPORT: Ken Klemme, District Manager

9. TRUSTEE COMMENTS:

Adjournment to: April 9, 2024
140
Item A.

DRAFT MINUTES OF THE 861st REGULAR

MEETING OF THE BOARD OF TRUSTEES OF THE

MONTEREY COUNTY MOSQUITO ABATEMENT DISTRICT
February 13, 2024
A meeting of the Board of Trustees of the Monterey County Mosquito Abatement District was held on February 13, 2024, at the District Office in Salinas, California.

MEMBERS PRESENT: STAFF PRESENT:

Don Cranford, Vice Chair, County of Monterey Ken Klemme, District Manager Mary Ann Carbone, City of Sand City Mona Sloan, Administrative Assistant Jim Tashiro, City of Salinas Philip Maschmeyer, Operations Supervisor Jeff Glass, City of Monterey
Ian Oglesby, City of Seaside
Louise Goetzelt, City of Del Rey Oaks
Ray Coopersmith, County of Monterey

MEMBERS ABSENT:

Nancy Amadeo, Secretary, City of Marina
Jeff Cecilio, Chair, County of Monterey

1. CALL TO ORDER:

Board Vice Chair Don Cranford called the 861st Regular Meeting to order at 11:55AM

2. ROLL CALL:

Administrative Assistant Mona Sloan called roll; it was determined that a quorum was present

3. PUBLIC COMMENTS:

NONE

4. CONSENT CALENDAR:

A. APPROVAL OF THE MINUTES: January 2024
B. PAYROLL WARRANTS: January 2024 $104,548.28
C. COMMERCIAL WARRANTS: January 2024 $36,748.28
D. UMPQUA BANK: December 2023 $4,687.34
E. TIME DISTRIBUTION: January 2024
F. BALANCE SHEET: January 2024
G. SCHEDULE OF EXPENDITURES: January 2024
H. FIRST QUARTER 2023 FINANCIAL STATEMENTS
141
Item A.

With no further inquiries, Trustee Goetzelt moved to approve the consent calendar as presented, Trustee Carbone seconded; the motion was passed unanimously.

5. BUSINESS ITEMS:

A. Approval of District’s Succession Plan to be Integrated with Strategic Plan Manager Klemme presented the Succession Plan to the Board for approval. After discussion, it was agreed more information was needed and Klemme was directed to present a detailed update at the March Board meeting.

B. Discussion of Investment Options for the District
Manager Klemme researched several investment options and after input from the Board, it was suggested additional choices should be considered. Klemme will report back to the Board at the March Board meeting.

C. In Response to AB 2188, Approval to Change Policy #2190 Substance Abuse Discussion was held regarding the change to Policy #2190. Trustees requested clarification regarding Federal requirements as it applies to our drone pilots.

Manager Klemme will research and respond at the March Board meeting.

D. In Response to SB 848, Approval to Change in Policy #2040 Leave time After discussion, Trustee Goetzelt moved to approve the policy change as presented; Trustee Oglesby seconded; the motion passed unanimously.

E. Set Up Ad-Hoc Budget Committee for FY 2024-2025 Budget Trustees Cranford, Coopersmith & Tashiro volunteered for the Ad-Hoc Budget Committee for the upcoming fiscal year.

With no further discussion, Trustee Goetzelt moved to approve the committee as presented; Trustee Glass seconded; the motion passed unanimously.
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Item A.

6. MONTHLY OPERATIONS REPORT: Philip Maschmeyer, Operations Supervisor Philip Maschmeyer briefed the Board on the District operations for the month of January. Although there were only (4) services requests, the season is just getting started and the heavy rains have produced a lot of mosquito larvae. In the Elkhorn area, we treated (32) different sources as well as (42) sources in Prunedale and (34) in Monterey and adjoining cities. Staff attended the Mosquito and Vector Control Association Conference (MVCAC) at the end of January as well as Farm Day in King City.

On the social media front, we produced (3) videos with (2) uploaded to You Tube and (1) to Tic Tok. After taking care of a few equipment issues during our monthly building inspection we are geared up for a busy mosquito season.

7. MONTHLY ADMINISTRATIVE REPORT: Ken Klemme, District Manager/Biologist Manager Klemme informed the Board that he has sent a letter to all City Clerks inquiring how we can get media access on public TV. All District Trustees have new email addresses that will be used moving forward. Klemme also stated that he will be attending the annual insurance workshop and Board meeting of the Vector Control Joint Powers Association (VCJPA) on February 29th – March 1st and will apprise the Board of the goals and objectives for the upcoming fiscal year.

8. TRUSTEE COMMENTS:

NONE

9. ADJOURNMENT:

With no further inquiries, Board Vice Chair Cranford adjourned the meeting at 12:24 PM to the next regularly scheduled meeting on March 12, 2024 at noon. _______________________________
Jeff Cecilio, Board Chair
ATTEST:
______________________________
Nancy Amadeo, Secretary
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Item A.

MST HIGHLIGHTS
Board of Directors Meeting
March 11, 2024

RECOGNIZED MARCH EMPLOYEE OF THE MONTH
The MST Board adopted Resolution 2024-17 recognizing Steven Bruno, Purchasing Agent, as the March 2024 Employee of the Month for his outstanding contribution to MST and to the entire community.
25 YEARS OF SERVICE
The MST Board recognized Hector Martinez, Coach Operator for 25 years of service and his outstanding dedication and contribution to MST and to the entire community.

The MST Board also recognized Reymund Rivera, Coach Operator for 25 years of service and his outstanding dedication and contribution to MST and to the entire community.

STAFF RECOGNITION OF COACH OPERATOR RECRUITMENT AND HIRING

EFFORTS
The MST Board recognized staff for their contributions to achieving the milestone of the largest single class of new Coach Operators in the history of MST who started on February 13, 2024.

AUTHORIZED PURCHASE OF FOUR (4) FORD TRUCKS
The MST Board authorized the General Manager/CEO to purchase four (4) Ford trucks at the lowest price/best options available at the time of purchase utilizing the CA Department of General Services Contract #1-22-23-20F in an amount not to exceed $347,800.

AUTHORIZED PURCHASE OF NINETEEN (19) BUS STOP SHELTERS
The MST Board authorized the General Manager/CEO to purchase 19 bus stop shelters from Tolar Manufacturing at the lowest price/best options available at the time of purchase utilizing the Morongo Basin Transit Authority CalACT RFP Contract #21-01 in an amount not to exceed $254,495.

APPROVED MOBILITY ADVISORY COMMITTEE MEMBER APPOINTMENTS The MST Board appointed Aaron Hernandez, from the Transportation Agency for Monterey County and Reyna Gross from Alliance on Aging, as members of the Mobility Advisory Committee.
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Item B.

APPROVED DISCOUNT FOR BUS PASSES FOR NON-PROFIT HUMAN SERVICES

AGENCIES
The MST Board approved the addition of non-profit human services entities eligible for discounted passes (50% off monthly GoPasses). The Board also approved providing a letter from MST to TAMC recommending TAMC consider funding transit bus passes for human services agencies and highlight the current and future demographic needs in Monterey County.

RECEIVED UPDATE ON SURF! BUSWAY AND BUS RAPID TRANSIT PROJECT The MST Board received an update and highlights on the progress of the SURF! Busway and Bus Rapid Transit Project.

RECEIVED UPDATE THE FIRST YEAR OF THE BETTER BUS NETWORK The MST Board received an update and key findings on the first year of the Better Bus Network.

APPROVED EXTENSION OF THE SCHOOL BUS PASS PROGRAM
The MST Board approved continuing to offer a discount on bus passes to eligible schools under MST’s School Pass Program. A $13 monthly pass will be sold to eligible participants for $6.50 per pass and MST contributes $6.50 per pass using general funds. Based on past demand from the schools, up to $25,000 in MST funds would be needed for the remainder of FY2023-24. This amount is not included in the adopted MST operating budget but there is adequate reserve funding available to cover the cost.

This option also directs staff to budget for the anticipated amount in future budgets.

NEXT MST BOARD MEETING
The next regular MST Board meeting is scheduled for April 15, 2024. 145
Item B.
146
Item C.

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

TRANSPORTATION AGENCY FOR MONTEREY COUNTY
www.tamcmonterey.org

HIGHLIGHTS
February 28, 2024
TAMC Board Approves City of Soledad’s Participatory Budgeting Funding Request The Board of Directors of the Transportation Agency for Monterey County approved the City of Soledad’s request to program Regional Surface Transportation Funds dedicated to the City’s Participatory Budgeting process for the following four projects:
• Orchard Lane and Gabilan Drive Pedestrian Improvements in the amount of $63,000; • Main and Gabilan Drive Pedestrian Improvements in the amount of $132,250; • Benito and Gabilan Pedestrian Improvements in the amount of $11,000; and • Orchard Lane Pedestrian Improvements in the amount of $23,000.

The Participatory Budgeting process is a component of the Salinas Valley Safe Routes to School Plan for all public K-12 schools in the cities of Gonzales, Soledad, Greenfield, and King City. Project prioritization is determined through a democratic process, called Participatory Budgeting, where community members vote to decide how public funds are spent in their cities.

The process is designed to fast-track funding and implementation of safe routes to school projects that are meaningful to community members. In October 2022, a Soledad Safe Routes to School Steering Committee was formed to assist in developing the process and engaging the greater community in identifying projects, creating a ballot and soliciting citywide votes to determine which projects to fund.

The Salinas Vally Safe Routes to School Plan is funded through a $664,127 Caltrans Sustainable Transportation Planning Grant and $126,501 of Measure X Safe Routes to School Program funds. The projects selected through the Participatory Budgeting process are funded by $1 million ($250,000 for four cities) in Regional Surface Transportation Program Reserve funds from the fiscal year 2020/21- 2022/23 program cycle.
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Transportation Agency for Monterey County
55-B Plaza Circle • Salinas, California 93901-2902
(831) 775-0903 FAX (831) 775-0897 • E-mail: [email protected] www.tamcmonterey.org
TAMC Board Directs Staff on Sand City Bike Trail and Parking Proposal The Transportation Agency’s Board of Directors received a presentation on the Sand City bike trail and parking proposal from Zane Mortensen, the City’s interim City Planner. The proposal seeks to create a one-mile segment of multi-use trail and parking in two areas within the TAMC-owned right-of-way. The proposal promises that the “proposed multi-use trail will take into consideration the future use of the TAMC corridor for rail and/or bus transit and would not obstruct any of the existing rail infrastructure” and would “minimize conflict with the existing property leases.” After the presentation, the Board directed TAMC staff to coordinate with the City on considerations for a possible future use agreement for an alignment of a trail that avoids conflict with future mass transit users and for fair market value lease agreements for non-trail uses such as parking.

Sand City was awarded a Monterey Bay Air Resources District AB2766 Clean Vehicle Program grant totaling $250,000 to support planning and design, including project oversight, environmental review, engineering, and conceptual design. Most of the Monterey Branch Line in Sand City’s proposal is currently leased by TAMC to private businesses. Revenue from leases is used for trash and weed abatement along the length of the Monterey Branch Line right-of-way.

TAMC Board of Directors Hosts Unmet Transit Needs Public Hearing The Transportation Agency Board of Directors held a public hearing to receive comments to identify unmet transit needs in Monterey County.

In its role as the Transportation Development Act fund administrator, the Agency annually seeks public input to identify unmet transit needs in Monterey County. This unmet needs process is associated with the Local Transportation Fund, which is one of two designated funding sources for public transit created by the California Transportation Development Act.

The Agency solicits public input on unmet transit needs and places comments into the following categories:

1. Transit service improvement requests that would improve an existing service.

2. Transit service expansion requests that extend a transit route beyond its current limits and fill a gap in service.

3. Capital improvement projects that would enhance existing public transit facilities.

In addition to public testimony provided at the hearing, the Transportation Agency accepts comments throughout the year in writing, by email, through a questionnaire posted on the Agency website and through the Monterey-Salinas Transit Mobility Advisory Committee. 148
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Transportation Agency for Monterey County
55-B Plaza Circle • Salinas, California 93901-2902
(831) 775-0903 FAX (831) 775-0897 • E-mail: [email protected] www.tamcmonterey.org
The Transportation Agency's deadline for accepting public comments and questionnaires for the consideration as part of the annual unmet transit needs process is April 30, 2024. Comments can be submitted at: https://www.tamcmonterey.org/unmet-transit-needs.

Staff will present the final list of comments to the TAMC Board, prior to allocating Local Transportation Funds in June.
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Del Rey Oaks City CouncilMarch 26, 2024

Del Rey Oaks City Council
March 26, 2024