Monterey County Grand Jury
2020-2021
From the annual report
The consolidated year-end volume. The individual investigations it contains are listed separately below.
📑 Year-End Report
The full consolidated volume; individual reports are listed below.
Individual reports (6)
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Findings & Recommendations
7 findings
F1:
The City of Salinas is to be commended for taking the step of having a “Preservation Needs Assessment of the Local History Collection in the Salinas Public Library” report completed by Barclay Ogden of the California Preservation Program which contains Findings and Recommendations specific to the preservation needs of the City.
F2:
The City of Salinas is to also be commended for their continuing efforts to complete the assessment of their historical records with a completion goal of August 2022. 52
F3:
The documents stored and maintained in these repositories vary. The most modern and up to date methods are those maintained in a temperature and humidity-controlled vault at the Monterey County Historical Society.
F4:
The volumes of records in the vestibule of the office of the Assessor-County Clerk-Recorder, although preserved, may be damaged by public use. These documents are neither temperature nor humidity controlled. Additionally, access to the title transfer records is uncontrolled. 2017 Report - Relevant Recommendations:
F5:
The City of Monterey commissioned Group 4 Architecture to create the “Monterey Public Library Feasibility Study” which sets the direction for library expansion and renovation in the future. That study did not include a Preservation Needs Assessment, of the type recommended by the CPP, to address the requirements for the California History Room’s permanent location in the new Library which could lead to a design that is sub-optimal.
F6:
California Preservation Program states that a needs assessment is often a required step for preservation grant funding. A Preservation Needs Assessment for the City of Monterey Library’s history collections, like the one commissioned by the Salinas Public Library, could help the City of Monterey obtain grant funding for the Library renovation. Monterey County Assessor-Clerk-Recorder:
F7:
The Monterey County Assessor-Clerk-Recorder is to be commended for having all but thirty-one books preserved by Kofile along with their continuing efforts to have the remaining thirty-one books sent to Kofile for preservation by FY 2021- 2022. 53
Additional Recommendations
30
Not linked to specific findings.
R1:
The City of Soledad should develop and implement new procedures (if none currently exist) and review existing procedures for responding to the Civil Grand Jury’s findings and recommendations to ensure that the city’s response is delivered to the presiding judge on or before the due date. These procedures should be developed and implemented within 90 days of the publication of this report.
R2:
The City of Seaside should develop and implement new procedures (if none currently exist) and review existing procedures for responding to the Civil Grand Jury’s findings and recommendations to ensure that the city’s response is delivered to the presiding judge on or before the due date. These procedures should be developed and implemented within 90 days of the publication of this report.
R3:
The City of Del Rey Oaks should develop and implement new procedures (if none currently exist) and review existing procedures for responding to the Civil Grand Jury’s findings and recommendations to ensure that the city’s response is 29 delivered to the presiding judge on or before the due date. These procedures should be developed and implemented within 90 days of the publication of this report. Responding Recommendation Response Date; Content Agency Timely or Tardy? Responsive to PC §933.05(b)? The City of Soledad R1 Due: 9/27/20 Yes. Received: 8/11/20 Will be implemented with specific date The City of Seaside R2 Due: 9/27/20 Yes. Received: 7/16/20 Has been implemented, with
R4:
The Board of Supervisors should revise Monterey County Code, to include a set of Design Guidelines that empower planners and decision makers to make land use decisions that comply with federal and state regulations, meet applicant needs, yet can still preserve Monterey County’s character in rural and suburban environments. Design Guidelines should be both developmental standards and criteria for character and aesthetics. The Design Guidelines should be applicable to both wireless communications facilities and a wide range of other infrastructure developments. The Design Guidelines should augment existing Monterey County code, including Monterey County Code 21.64.310 (Wireless Communication Facilities). This revision should be completed no later than 24 months after the publication of this report.
R5:
The RMA Services Manager should develop explicit guidance to ensure public hearing noticing for significant projects in Monterey County’s rural environments include other means in addition to those listed in Monterey County Code 21.70.040.A (Public Notice Required). This guidance should identify the appropriate social media and local micro-resources that are active in the rural community where a significant project is planned. This guidance should be completed and operational no later than 90 days after the publication of this report.
R6:
The Board of Supervisors should revise Monterey County Code 21.70.040.A (Public Notice Required) to include the following provision from California Government Code Section 65091(A)(5)(c): "In addition to the notice required by this section, a local agency may give notice of the hearing in any other manner it deems necessary or desirable." This revision should be completed no later than 24 months after the publication of this report.
R7:
The RMA Services Manager should develop explicit guidance to encourage and support applicant-sponsored town halls or orientations for rural communities where significant projects are planned. These events should be in advance of, or early into the application process. This guidance should be completed and operational no later than 60 days after the publication of this report.
R8:
The RMA Services Manager should revise the RMA land use request application supplemental add-on for wireless communications facilities. The revision should account for the different types of facilities, the current rules for accepting and correcting incomplete applications, and add provisions to identify and track the appropriate shot clock in the application --as an automated ongoing function. This 31 guidance should be completed and operational no later than 12 months after the publication of this report.
R9:
The Board of Supervisors should revise Monterey County Code 21.64.310 (Wireless Communication Facilities) to include a provision that permits County staff to secure outside experts, at applicant expense, to support technical considerations or issues attendant to processing of wireless communications facilities when required. This revision should be completed no later than 24 months after the publication of this report.
R10:
Marina should employ a back-up online training provider in the event of a future hiatus in the TargetSolutions training program. This Recommendation should be implemented no later than 6 months after this report is published.
R11:
Department heads should be models to other supervisory employees on the importance of respect in the workplace. Therefore, by September 30, 2020, the one city official who did not train in 2017 and 2019 should complete online AB 1825 training in 2020, 2021, and subsequent odd years.
R12:
The city should update its written, stand-alone, “Policy Against Sexual Harassment,” and its associated Acknowledgement of Receipt form, within 90 days of the publication of this report.
R13:
The city should revise its Personnel Policy Manual so that it reflects the mandated training requirements outlined in 2 CCR §11024. This Recommendation should be completed no later than 12 months after this report is published. Recommendations – City of Monterey
R14:
Monterey should revise their personnel tracking system to include all city employees regardless of department, each employee’s date of hire as a supervisor or date of promotion to a supervisory position, and date of classification change to a non-supervisory position, in order to accurately determine if AB 1825 training mandates are being met. This Recommendation should be completed no later than 12 months after this report is published.
R15:
The city should review its Harassment/Discrimination/Retaliation/Abusive Conduct/Bullying Policy to include the employee training requirements mandated by 2 CCR §11024. This Recommendation should be completed no later than 12 months after this report is published.
R16:
The city should diligently assess whether the AB 1825 training programs it uses, such as those offered by the federal EEOC, meet the training curriculum mandates outlined in AB 1825 and its amendments. This Recommendation should be completed no later than 12 months after this report is published. Recommendations – City of Pacific Grove
R17:
By September 30, 2020, Pacific Grove should continue to improve its recordkeeping efforts and fully update its supervisory employee roster worksheet to better track and address potentially late AB 1825 training before it becomes late.
R18:
The city should develop a practice to individually counsel and refer new and promoted supervisors to online training when classroom training is not available within six months of their hire. Those employees also should be encouraged to take the next session of in-person classroom training to reinforce the city’s culture of respect. This Recommendation should be completed no later than six months after this report is published.
R19:
By December 31, 2020, the city should amend their Administrative Policies and Procedures Manual, policies no. 100.80 –100.110, Harassment, Discrimination, and Retaliation Prevention Policy and Complaint Procedure, to reference AB 1825 training requirements per 2 CCR §11024 regulations.
R20:
The city should publish an updated Employee Handbook that
R21:
By June 30, 2021, the city of Salinas should automate the six-month new supervisor training signal for AB 1825 training. The city’s HR Department should develop an automated HR noticing process that informs all newly hired or appointed supervisors of the six-month AB 1825 supervisor training requirement, and signals HR to (automated or manually) enter that training suspense in the New World ERP system.
R22:
By June 30, 2022, the city should continue to advance HR integration and automation of training processes and functions. This should include (1) automated notices or “ticklers” to supervisors on AB 1825 training deadlines, (2) integrating online training records with the New World ERP system, and (3) routinely creating global city reports of compliance that can provide HR and senior city leadership with a comprehensive snapshot of AB 1825 training compliance by city supervisory personnel.
R23:
By September 30, 2020 the city’s senior management should adopt a stronger emphasis on promoting individual city supervisory employee responsibility to complete required training, including AB 1825 supervisor training, in a timely manner. Recommendations – Sand City
R24:
By December 31, 2020, Sand City should ensure that AB 1825 sexual harassment/abusive conduct prevention training undertaken by and/or at the direction of the city follows the directives and protocols laid out in 2 CCR §11024, including but not limited to the following areas: frequency, duration, and documentation of training; content of training; method of delivery of training; qualification of the trainer.
R25:
Sand City should develop a system to ensure that a full and complete written record of all AB 1825 trainings that it sponsors, regardless of whether delivered via classroom, e-learning, or webinar format, is in place and includes the date of the trainings and the names of attendees. This Recommendation should be completed within 18 months of the publication of this report.
R26:
By December 31, 2020, Sand City should engage with the City Attorney, other staff, or an outside contractor to prepare a written policy regarding AB 1825 sexual harassment/abusive conduct prevention training for its workforce. Recommendations – City of Seaside
R27:
By September 30, 2020, the city of Seaside’s HR Director should assign one HR staff member to oversee AB 1825 training requirements and recordkeeping, so that all employees with training due in 2020 are trained by December 31, 2020.
R28:
Seaside should implement an onboarding system that effectively captures new or promoted employees and requires them to complete AB 1825 training within six months of their hire or promotion. This Recommendation should be completed within 90 days of the publication of this report.
R29:
Seaside should adopt an effective training tracking system to assemble all AB 1825 recordkeeping in one location, preferably saved to electronic files with cloud access. This Recommendation should be completed within 18 months of the publication of this report. Recommendations – County of Monterey
R30:
The Monterey County Civil Rights Office should review and revise the processes used to manage AB 1825 supervisory employee records to include the following: (1) develop a unified interface for accessing and directly managing all past training; (2) develop a method either with Learning Management Specialists, or centralized with an automated and trackable notice or tickler for AB 1825 training due dates; and (3) increase staffing and authority for personnel responsible for tracking and coordinating AB 1825 training and compliance data. This Recommendation should be completed within 18 months of the publication of this report. Recommendation Response Date; Content Responsive Timely or Tardy? to PC §933.05(b)? Responding Agency The City of R1 Due: 9/27/20 Yes. Carmel-by-the- Received: 8/5/20 Has been Sea implemented, with
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Findings & Recommendations
3 findings
F1:
The CRI-SPD Report recommended that the Salinas Police Department develop programs that engage the community through in-school activities and interactions with their officers. The Civil Grand Jury believes that by implementing this
Related Recommendations (1)
R1:
The SPD offered their presence to all local schools. Initially, however, not every school welcomed the idea of officers’ presence on their campus, although this is slowly changing as the SPD continues to improve its relationship with the Salinas community.
F2:
The Salinas Police Department has developed a Use of Force oversight committee and has adopted policies that involve a multi-step process of de- escalation before using force. The Civil Grand Jury believes that the SPD’s incorporation of these less than lethal intervention strategies into their daily practice has enhanced the safety of the community and the officers. 17
Related Recommendations (1)
R2:
School programs developed by the SPD include a self-image and identity program for young women, a driver safety class, job interview preparation, “Why’d You Stop Me?”, and Salinas Police Awareness, Responsibility, and Knowledge (SPARK).
F3:
A new procedure was implemented to require that officer involved shootings and use of force incidents resulting in death be referred to the Monterey County District Attorney’s Office for review and internal adjudication within 30 days from the incident. The Civil Grand Jury believes that this practice leads to greater transparency. INVITED RESPONSES Pursuant to Penal Code §933 and 933.05, the Civil Grand Jury invites responses as follows: • Salinas Police Department (F1 – F3) Photo Credit: Photos used with permission from the Salinas Police Department. Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Civil Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. BIBLIOGRAPHY 1. City of Salinas Press Release – June 12, 2019 State of the Salinas Police Department Presentation 2. City of Salinas Press Release – March 6, 2019 Salinas PD is Named the Recipient of the James Q. Wilson Award for Excellence in Community Policing 3. Monterey County Weekly – September 16, 2017 Salinas Police Re-Commit to Community Policing after DOJ Cancels Program 18 4. Santa Cruz Sentinel – July 25, 2019 Police wear Mexican charro suits to connect with community 5. Salinas Police Department Policy Manual 6. Collaborative Reform Initiative: An Assessment of the Salinas Police Department APPENDICES A. Staff Report to the Salinas City Council – June 6, 2017 Collaborative Reform Update 19
Related Recommendations (1)
R3:
Sergeants are required to be in the field. Officers are back on foot patrol and on Enduros (off-road motorcycles), and are conducting door-to-door visits to check on Salinas residents.
Additional Recommendations
3
Not linked to specific findings.
R4:
The SPD has a mascot, a pet dog named Buddy, who accompanies Homeless Outreach Team (HOT) officers visiting homeless encampments. The HOT officers help homeless individuals access services that are available to 16 CRI-SPD, pp. 4-5 10 them.17 Buddy plays a key role in this outreach effort by humanizing the contact interactions.
R5:
The Charro18 Uniform Program was developed to unite the community by recognizing the rich culture and history of Salinas’ Mexican heritage.19 The program was jointly created by the SPD and the recently formed Police Foundation. It has achieved global recognition from the media. SPD Officer in Charro Uniform
R6:
The SPD has increased the number of Spanish-speaking sworn officers and civilian staff to improve communication as well as outreach efforts. The Civil Grand Jury’s review of documents and interviews with SPD personnel substantiated that SPD achieved 100% compliance with the Community Collaboration
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Findings & Recommendations
18 findings
F1:
The Contracts/ Purchasing division of the Monterey County Administrative Office does not have access to all contracts executed by/on behalf of the County, which inhibits visibility and transparency of vital management information.
Related Recommendations (3)
R1:
Develop a uniform set of required contract information (to include but not limited to Terms and Conditions, vendor information, overall cost, unit cost) to support sound decision-making for all County departments. (F1,2,3,4,5) This recommendation should be implemented by the CAO on or before January 31, 2022.
R2:
Establish and fully implement a system that provides online, real-time access to all Monterey County contract information that meets the unique needs of individual departments. (F1,2,3,4,5) This recommendation should be implemented by the CAO on or before April 1,2022.
R3:
Provide a system and training designed to promote collaboration among the County's departmental employees and staff in the Contracting/Purchasing division of the County Administrative Office. (F1,2,3,4,5) This recommendation should be implemented by the CAO on or before February 1,2022.
F2:
Two Monterey County departments have developed homegrown software systems to track contracts, while other departments use Microsoft Excel or other methods for contract tracking. Because contract tracking is performed using multiple methods at the departmental level, cumulative contract business across Monterey County government departments requires manual tabulation. The lack of timely information being available to decision-makers can contribute to ineffective decision making by senior management. Based upon discussions with numerous Department level employees, not having standardized contract information available across Monterey County government departments precludes information sharing and could lead to poor business decisions such as inconsistent terms and conditions and variable pricing among other contract stipulations.
F3:
Based upon discussions with Department level employees, a lack of departmental access to other department contracts is a barrier to consistent pricing from vendors and creates the potential for different departments to pay the same vendor different prices for the same services.
F4:
Based upon discussions with Department level employees, a lack of departmental access to other department contracts is a barrier to checking experience with vendors among the various County departments.
F5:
Based upon discussions with Department level employees, the lack of a method of providing real-time contract details could lead to added cost when multiple departments are competing for the same services from the same supplier.
F6:
Standard Operating Procedures associated with the Contracts & Purchasing Academy, as approved by the Board of Supervisors on July 22, 2014, are not consistently followed in some Monterey County government departments which has the potential for County employees to avoid policies and procedures deemed critical by the Board of Supervisors for the efficient execution of contract commitments on behalf of the County.
Related Recommendations (1)
R8:
Require Monterey County government departments to follow the Contracts & Purchasing Academy Standard Operations Procedures adopted by the Board of Supervisors July 22, 2014. (F6) This recommendation should be implemented by the Board of Supervisors on or before February 1, 2022.
F7:
The County's practice of allowing departmental-level staff ("The person in a department with the need for supplies or services") to contact potential suppliers may create bias toward or away from some suppliers, leading to reduced competitiveness in County purchasing. This also takes away the vital negotiating tool of using a professional negotiator to seek the best terms and conditions available.
F8:
The County's practice of allowing "The person in a department with the need for supplies or services" to contact potential suppliers can create the potential for such staff to make an unauthorized or inadvertent commitment.
F9:
The County's practice of allowing "The person in a department with the need for supplies or services" to negotiate contracts with suppliers could lead to fraud and abuse.
F10:
Not requiring Monterey County departments to use the Contracts/Purchasing division to acquire goods and services can lead to staff who are not contracting specialists agreeing to contracts that are not optimal.
F11:
The Contracts & Purchasing Academy is a valuable resource for Monterey County employees because it guides them through the contracts and purchasing processes.
Related Recommendations (2)
R4:
Continue to fund the Contracts & Purchasing Academy course material updates. (F11,12,13,14) This recommendation should be implemented by the CAO on or before February 1, 2022.
R6:
Require all Monterey County departmental managers and employees involved in contracts and purchasing to recertify their contracts and purchasing skills on a periodic basis. (F11,12) This recommendation should be implemented by the Board of Supervisors on or before February 1, 2022.
F12:
Training offered by the Contracts & Purchasing Academy is not required of all Monterey County employees involved in contracting and purchasing of supplies and services, which could cause those employees to deviate from the Contracts and Purchasing Standard Operating Procedures.
F13:
Discussions with numerous Department level personnel revealed that ethics and contract management training was either minimal or nonexistent in the current format of the Contracts & Purchasing Academy, which may lead to unintentional ethical lapses and the perception by county employees that they have authority beyond what law and regulations allow. New departmental contracting personnel have not been able to attend the Contracts & Purchasing Academy since early in 2020 due to COVID-19, which could lead to errors due to lack of training.
Related Recommendations (1)
R7:
Provide a more robust module in the Contracts & Purchasing Academy training materials that directly addresses current contracting ethical standards. (F13) This recommendation should be implemented by the CAO on or before April 1, 2022.
F14:
The Contracts & Purchasing Academy is not available online, which is an impediment to achieving and maintaining an optimal level of flexibility in delivery of employee training,
Related Recommendations (1)
R5:
The Contracts & Purchasing Academy should be made available in an on- demand, self-directed online instructional format. (F14) This recommendation should be implemented by the CAO on or before April 1. 2022.
F15:
The Monterey County Contracts/Purchasing Manual has not been updated since 2008 and may have sections that do not comply with current County and State laws and regulations. County employees who rely on the accuracy of the Manual could use that information to make non-compliant decisions.
F16:
The Manual lacks an index, glossary, and references about where to obtain more information. In addition, the Manual's table of contents does not contain page numbers, making it difficult to use.
F17:
The Manual does not connect to County training in contracts and purchasing- including required ethics involved in contracts and purchasing, making it difficult for employees to gain a deeper understanding of their responsibilities.
Related Recommendations (1)
R9:
Update the Monterey County Contracts/Purchasing Manual to reflect all current policies and procedures and SOP's. Edit the updated Manual for organization and readability. The County should use the services of a professional editor if internal staff is not a viable resource. (F17) This recommendation should be implemented by the Contract/Purchasing Officer on or before February 1, 2022.
F18:
The Manual does not make it clear that it is the final and authoritative source of information for County contracts and purchasing leaving County employees to use other sources for contracts and purchasing policies and procedures which may not align with current County policies and procedures.
Related Recommendations (2)
R10:
Update the material in the "Ethical Standards for Purchasing" section of the Monterey County Contracts/Purchasing Manual to be consistent with current contracting ethical standards. (F18) This recommendation should be implemented by the Contracts/Purchasing Officer on or before February 1, 2022.
R11:
Emphasize the "Ethical Standards for Purchasing" section of the Monterey County Contracts/Purchasing Manual by expanding the content and repositioning the text. (F18) This recommendation should be implemented by the Contracts/Purchasing Officer on or before February 1, 2022.
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Findings & Recommendations
12 findings
F1:
Adobe PDF14 documents are currently used by TTC to enable Vacation Rental Operators to submit TOT Registration applications. TTC must then manually input the data into the necessary software database application. This manual data input process is inefficient and increases the possibility of introducing errors.
Related Recommendations (3)
R1:
The Treasurer-Tax Collectors Department should migrate Vacation Rental TOT registration to an online software service with an electronic database repository to allow applicants to apply and check application status directly through the County website, and which also allows the general public to verify whether a given property is registered and possesses a valid TOT Certificate. (F1, F2) This capability should be operational within six months after the date of enactment of new ordinances.
R3:
The Treasurer-Tax Collector’s Department and Department of Housing and Community Development should implement an online system for direct public access to file complaints and obtain the status of enforcement action and complaint resolution. This system should be implemented in such a way that that complete, consolidated electronic records including TOT registrations 21 and Vacation Rental zoning permits can be easily maintained, searched, and referenced by street address and APN. (F1, F2, F7, F8) This capability should be operational within six months after the date of enactment of new ordinances.
R7:
The Board of Supervisors should authorize the development of a comprehensive Vacation Rental enforcement program funded through revenue generated from TOT tax receipts, zoning permit fees, and zoning ordinance violation penalties in a manner similar to the Cannabis program. The program should be designed to be sustainable and should include the funding necessary for IT system enhancements, dedicated personnel for proactive enforcement, and contracting of third-party services for development assistance and staff augmentation, as needed. This program should be implemented as soon as possible - in advance of new ordinances being enacted - enabling personnel and systems to effectively enforce the new ordinances upon adoption. (F1, F2, F3, F4, F5, F6, F7, F10) These authorizations should be completed at least three months prior to the date of enactment of new ordinances.
F2:
Because data on properties which are currently registered and paying TOT is not publicly available on the County website, unnecessary additional email requests for information are received and processed manually by TTC.
Related Recommendations (3)
R1:
The Treasurer-Tax Collectors Department should migrate Vacation Rental TOT registration to an online software service with an electronic database repository to allow applicants to apply and check application status directly through the County website, and which also allows the general public to verify whether a given property is registered and possesses a valid TOT Certificate. (F1, F2) This capability should be operational within six months after the date of enactment of new ordinances.
R3:
The Treasurer-Tax Collector’s Department and Department of Housing and Community Development should implement an online system for direct public access to file complaints and obtain the status of enforcement action and complaint resolution. This system should be implemented in such a way that that complete, consolidated electronic records including TOT registrations 21 and Vacation Rental zoning permits can be easily maintained, searched, and referenced by street address and APN. (F1, F2, F7, F8) This capability should be operational within six months after the date of enactment of new ordinances.
R7:
The Board of Supervisors should authorize the development of a comprehensive Vacation Rental enforcement program funded through revenue generated from TOT tax receipts, zoning permit fees, and zoning ordinance violation penalties in a manner similar to the Cannabis program. The program should be designed to be sustainable and should include the funding necessary for IT system enhancements, dedicated personnel for proactive enforcement, and contracting of third-party services for development assistance and staff augmentation, as needed. This program should be implemented as soon as possible - in advance of new ordinances being enacted - enabling personnel and systems to effectively enforce the new ordinances upon adoption. (F1, F2, F3, F4, F5, F6, F7, F10) These authorizations should be completed at least three months prior to the date of enactment of new ordinances.
F3:
Current accounting methods and database systems in TTC do not allow Vacation Rental TOT tax revenues to be easily broken out from other TOT classifications such as hotels and B&Bs, thereby reducing transparency and limiting data available for management and decision making.
Related Recommendations (2)
R2:
The Treasurer-Tax Collectors Department should construct an online records system and require Vacation Rental operators to directly enter visitor occupancy data (including specific occupancy dates, number of occupants, number of rooms rented, and revenues received) in near real time, thereby facilitating tax verification and code compliance related activities. (F3, F4) This capability should be operational within six months after the date of enactment of new ordinances.
R7:
The Board of Supervisors should authorize the development of a comprehensive Vacation Rental enforcement program funded through revenue generated from TOT tax receipts, zoning permit fees, and zoning ordinance violation penalties in a manner similar to the Cannabis program. The program should be designed to be sustainable and should include the funding necessary for IT system enhancements, dedicated personnel for proactive enforcement, and contracting of third-party services for development assistance and staff augmentation, as needed. This program should be implemented as soon as possible - in advance of new ordinances being enacted - enabling personnel and systems to effectively enforce the new ordinances upon adoption. (F1, F2, F3, F4, F5, F6, F7, F10) These authorizations should be completed at least three months prior to the date of enactment of new ordinances.
F4:
Due to current quarterly TOT reporting methods, Vacation Rental occupancy data that is both timely and contains sufficient detail for use in CCD complaint investigation and enforcement activities is not readily available.
Related Recommendations (2)
R2:
The Treasurer-Tax Collectors Department should construct an online records system and require Vacation Rental operators to directly enter visitor occupancy data (including specific occupancy dates, number of occupants, number of rooms rented, and revenues received) in near real time, thereby facilitating tax verification and code compliance related activities. (F3, F4) This capability should be operational within six months after the date of enactment of new ordinances.
R7:
The Board of Supervisors should authorize the development of a comprehensive Vacation Rental enforcement program funded through revenue generated from TOT tax receipts, zoning permit fees, and zoning ordinance violation penalties in a manner similar to the Cannabis program. The program should be designed to be sustainable and should include the funding necessary for IT system enhancements, dedicated personnel for proactive enforcement, and contracting of third-party services for development assistance and staff augmentation, as needed. This program should be implemented as soon as possible - in advance of new ordinances being enacted - enabling personnel and systems to effectively enforce the new ordinances upon adoption. (F1, F2, F3, F4, F5, F6, F7, F10) These authorizations should be completed at least three months prior to the date of enactment of new ordinances.
F5:
Vacation Rental complaints often occur at night or during weekends. Due to current budget allocations and staffing levels for Code Enforcement, complaint investigation timeliness and effectiveness is impacted by the lack of 24x7 coverage.
Related Recommendations (1)
R7:
The Board of Supervisors should authorize the development of a comprehensive Vacation Rental enforcement program funded through revenue generated from TOT tax receipts, zoning permit fees, and zoning ordinance violation penalties in a manner similar to the Cannabis program. The program should be designed to be sustainable and should include the funding necessary for IT system enhancements, dedicated personnel for proactive enforcement, and contracting of third-party services for development assistance and staff augmentation, as needed. This program should be implemented as soon as possible - in advance of new ordinances being enacted - enabling personnel and systems to effectively enforce the new ordinances upon adoption. (F1, F2, F3, F4, F5, F6, F7, F10) These authorizations should be completed at least three months prior to the date of enactment of new ordinances.
F6:
CCD classifies Vacation Rental complaints as Priority 3 and therefore only reacts when there are immediate concerns for Life, Health, or Safety. Due to current 14 Portable Document Format (PDF), registered trademark Adobe Corp. 19 budget allocations and staffing levels for Code Enforcement, proactive enforcement of applicable zoning ordinances is precluded thereby encouraging the growth of unpermitted Vacation Rentals.
Related Recommendations (1)
R7:
The Board of Supervisors should authorize the development of a comprehensive Vacation Rental enforcement program funded through revenue generated from TOT tax receipts, zoning permit fees, and zoning ordinance violation penalties in a manner similar to the Cannabis program. The program should be designed to be sustainable and should include the funding necessary for IT system enhancements, dedicated personnel for proactive enforcement, and contracting of third-party services for development assistance and staff augmentation, as needed. This program should be implemented as soon as possible - in advance of new ordinances being enacted - enabling personnel and systems to effectively enforce the new ordinances upon adoption. (F1, F2, F3, F4, F5, F6, F7, F10) These authorizations should be completed at least three months prior to the date of enactment of new ordinances.
F7:
Online public access to complaint information is limited by poor web portal design, the lack of a common database between TTC and CCD, and insufficient internal staff necessary to perform timely processing of Vacation Rental complaints. It is therefore difficult for the general public to determine, with respect to a given property, whether complaints have been registered against that property, how many such complaints have been made, and the disposition of individual complaints.
Related Recommendations (2)
R3:
The Treasurer-Tax Collector’s Department and Department of Housing and Community Development should implement an online system for direct public access to file complaints and obtain the status of enforcement action and complaint resolution. This system should be implemented in such a way that that complete, consolidated electronic records including TOT registrations 21 and Vacation Rental zoning permits can be easily maintained, searched, and referenced by street address and APN. (F1, F2, F7, F8) This capability should be operational within six months after the date of enactment of new ordinances.
R7:
The Board of Supervisors should authorize the development of a comprehensive Vacation Rental enforcement program funded through revenue generated from TOT tax receipts, zoning permit fees, and zoning ordinance violation penalties in a manner similar to the Cannabis program. The program should be designed to be sustainable and should include the funding necessary for IT system enhancements, dedicated personnel for proactive enforcement, and contracting of third-party services for development assistance and staff augmentation, as needed. This program should be implemented as soon as possible - in advance of new ordinances being enacted - enabling personnel and systems to effectively enforce the new ordinances upon adoption. (F1, F2, F3, F4, F5, F6, F7, F10) These authorizations should be completed at least three months prior to the date of enactment of new ordinances.
F8:
While the capability exists for TTC to access the Code Compliance database for Vacation Rental zoning information and complaint information, and similarly CCD is able to request TOT registration data from the Tax Collector’s office, the Civil Grand Jury could find no evidence that such direct cross checking occurs as a standard practice thereby contributing to the growth of unpermitted Vacation Rentals which are nevertheless registered for TOT.
Related Recommendations (2)
R3:
The Treasurer-Tax Collector’s Department and Department of Housing and Community Development should implement an online system for direct public access to file complaints and obtain the status of enforcement action and complaint resolution. This system should be implemented in such a way that that complete, consolidated electronic records including TOT registrations 21 and Vacation Rental zoning permits can be easily maintained, searched, and referenced by street address and APN. (F1, F2, F7, F8) This capability should be operational within six months after the date of enactment of new ordinances.
R4:
The Treasurer-Tax Collector’s Department and Department of Housing and Community Development should implement Internal process changes to ensure future alignment between County departments in the registration, permitting, licensing, and enforcement of vacation rental businesses. (F8, F9) These process changes should be implemented within six months after the date of enactment of new ordinances.
F9:
Implicit internal acknowledgement of the desire not to negatively impact TOT revenue has contributed to a reluctance on the part of CCD to actively enforce applicable Vacation Rental zoning ordinances. The lack of consistency between TTC and CCD in enforcing Vacation Rental ordinances has served to further increase public confusion and community tension.
Related Recommendations (1)
R4:
The Treasurer-Tax Collector’s Department and Department of Housing and Community Development should implement Internal process changes to ensure future alignment between County departments in the registration, permitting, licensing, and enforcement of vacation rental businesses. (F8, F9) These process changes should be implemented within six months after the date of enactment of new ordinances.
F10:
Due to the potential increase in secondary housing units resulting from newly enacted County ADU ordinances, coupled with the current Priority Three reactive Vacation Rental enforcement policies, increased community tension and complaints with respect to Vacation Rentals are likely to result.
Related Recommendations (1)
R7:
The Board of Supervisors should authorize the development of a comprehensive Vacation Rental enforcement program funded through revenue generated from TOT tax receipts, zoning permit fees, and zoning ordinance violation penalties in a manner similar to the Cannabis program. The program should be designed to be sustainable and should include the funding necessary for IT system enhancements, dedicated personnel for proactive enforcement, and contracting of third-party services for development assistance and staff augmentation, as needed. This program should be implemented as soon as possible - in advance of new ordinances being enacted - enabling personnel and systems to effectively enforce the new ordinances upon adoption. (F1, F2, F3, F4, F5, F6, F7, F10) These authorizations should be completed at least three months prior to the date of enactment of new ordinances.
F11:
The Board of Supervisors failure to take timely, definitive enforcement action to limit the growth of non-permitted Vacation Rental operations in the County has 20 allowed the problem to continue to grow in an uncontrolled fashion, exacerbating tensions within the community.
Related Recommendations (3)
R5:
As a necessary part of new Vacation Rental ordinance development, the Board of Supervisors should establish specific paths and timelines for addressing how current unpermitted Vacation Rental operations may be eligible to obtain permits under the new ordinances. (F11, F12) These regulations and processes should be complete effective with the date of enactment of new ordinances.
R6:
As part of the new ordinance development, the Board of Supervisors should specify procedures for handling current Vacation Rental operations that may be illegal and ineligible for permits under the new ordinances. (F11, F12) These regulations and processes should be complete effective with the date of enactment of new ordinances.
R8:
The Board of Supervisors should fully commit to accelerating efforts to achieve final approval of new Vacation Rental ordinances by end of calendar year 2021. (F11, F12) The new ordinances should be enacted no later than December 31, 2021.
F12:
The failure of the Board of Supervisors to enact new ordinances in a timely manner has further magnified difficult problems that must be resolved as new ordinances are put into effect, including establishing policy and driving subsequent compliance and enforcement actions for existing unpermitted Vacation Rentals whose operations may ultimately be illegal under the new ordinances.
Related Recommendations (3)
R5:
As a necessary part of new Vacation Rental ordinance development, the Board of Supervisors should establish specific paths and timelines for addressing how current unpermitted Vacation Rental operations may be eligible to obtain permits under the new ordinances. (F11, F12) These regulations and processes should be complete effective with the date of enactment of new ordinances.
R6:
As part of the new ordinance development, the Board of Supervisors should specify procedures for handling current Vacation Rental operations that may be illegal and ineligible for permits under the new ordinances. (F11, F12) These regulations and processes should be complete effective with the date of enactment of new ordinances.
R8:
The Board of Supervisors should fully commit to accelerating efforts to achieve final approval of new Vacation Rental ordinances by end of calendar year 2021. (F11, F12) The new ordinances should be enacted no later than December 31, 2021.
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Findings & Recommendations
7 findings
F1:
The City is to be commended for holding multiple meetings with the North Fremont Business Association and the local Neighborhood associations to inform them on the NFBPIP throughout the design and construction process.
F2:
The City is to be commended for creating two very informative websites relating to the NFBPIP.
F3:
The City did not hold any public hearings before the Architectural Review Committee for the design of the NFBPIP, which would have helped inform residents throughout the city of Monterey about the project.
Related Recommendations (1)
R1:
For all City projects that contain design elements, the City should hold Public Hearings before the Architectural Review Committee. This process should begin by August 1, 2021.
F4:
The City did not hold any public hearings before the Architectural Review Committee which, given the expertise of the Committee members, could have improved on the railing design maintenance issues to help eliminate the significant maintenance needed.
Related Recommendations (1)
R1:
For all City projects that contain design elements, the City should hold Public Hearings before the Architectural Review Committee. This process should begin by August 1, 2021.
F5:
The City Council did not adopt a revised resolution changing the design description of the NFBPIP from Class 2 to Class 4 bike lanes, which would have helped inform more residents citywide and would have created an accurate record of action by the City Council for the NFBPIP.
Related Recommendations (1)
R2:
On future City projects, the governing body of record should approve revised resolutions to document changes to a project. This process should begin by August 1, 2021.
F6:
The City’s failure to have a specific maintenance plan in place for the NFBPIP, as recommended by Caltrans, has led to significant maintenance issues in the first 18 months of operation.
Related Recommendations (1)
R4:
The City should create a maintenance plan addressing routine and log-term maintenance, as recommended by Caltrans. This plan should be made available by September 1, 2021.
F7:
To date, the City of Monterey has not held any public hearings before the Architectural Review Committee for the design of the Gap Project, thereby limiting the ability to inform and gain input from the residents of Monterey and missing out on possible improvements to the design by members of the ARC. This could result in more negative public opinion as well as a sub-standard design. 13
Related Recommendations (1)
R3:
The City should begin holding Public Hearings before the Architectural Review Committee for their input on the Gap Project design. This should begin by August 1, 2021.
* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.
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