Meeting Name: Board of Supervisors Agenda status: Final-Revised
Meeting date/time: 1/15/2013 9:00 AM Minutes status: Final  
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Published agenda: Agenda Agenda Published minutes: Minutes Minutes  
Agenda packet: None
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CS 13-001 1.BoS 01-15-13 Closed SessionClosed SessionClosed Session under Government Code section 54950, relating to the following items: a. Pursuant to Government Code section 54956.9(a), the Board will confer with legal counsel regarding existing litigation: (1) Neelima Vegesna v. Monterey County, et al. (USDC CAND case number 12-CV-05314-HRL) b. Pursuant to Government Code section 54956.9(b), the Board will confer with legal counsel regarding one matter two matters of significant exposure to litigation. (REVISED VIA SUPPLEMENTAL) c. Pursuant to Government Code section 54957, the Board will confer regarding discipline, dismissal, or release of a public employee. d. Pursuant to Government Code section 54957.6, the Board will confer with labor negotiators: (1) Designated representatives: James May and Brette Neal Employee Organization(s): Units A, B, C, F, H, J, K, R, S, X, Y, and Z e. Pursuant to Government Code section 54957, the Board will provide a performance evaluation for the County Counsel. f. Pursuant to Government Code section 54956.9(c), the Board will confer with legal counsel regarding liability claim   Action details None
13-0009 2. General Agenda ItemApproval of the Consent Calendar - Regular (See Supplemental Sheet)approvedPass Action details None
CR 13-001 3.National Blood Donor Month ResolutionCeremonial ResolutionAdopt Resolution honoring American Red Cross of Northern California Blood Services in recognition of National Blood Donor Month. (Supervisor Armenta)adoptedPass Action details None
APP 13-001 4.Commission on DisabilitiesAppointmentReappoint to the Commission on Disabilities Mario Salazar representing Resources Management Agency Department as an ex-officio Department Heads and Stella Lauerman representing Easter Seals Central California, terms ending December 31, 2015. (Full Board) (REVISED VIA SUPPLEMENTAL)approvedPass Action details None
APP 13-002 5.Resources Conservation DistrictAppointmentReappoint to the Resources Conservation District of Monterey County, Rebecca King, Benny Jefferson and Linda Ferrasci, terms ending November 30, 2016. (Full Board)approvedPass Action details None
APP 13-005 6.Commission on DisabilitiesAppointmentAppoint Tom Hicks to the Commission on Disabilities representing Community Based Organizations, with a term ending December 31, 2015. (Full Board)approvedPass Action details None
APP 13-006 7.Area Agency on AgingAppointmentAppoint Maria Kovell and Linda Melendrez to the Area Agency on Aging Advisory Council, filling unexpired terms ending January 1, 2014. (Full Board)approvedPass Action details None
APP 13-007 8.Area Agency on AgingAppointmentReappoint Marilyn Bloom to the Area Agency on Aging Advisory Council, term ending January 1, 2016. (Supervisor Potter)approvedPass Action details None
APP 13-008 9.Domestic Violence Coordinating CouncilAppointmentAppoint Sheree Goldman to the Domestic Violence Coordinating Council, term ending January 15, 2016. (Supervisor Potter)approvedPass Action details None
13-0035 9.1 General Agenda ItemConsider and approve appointments of Board of Supervisors members to various boards, committees and commissions for Calendar Year 2013.approvedPass Action details None
13-0010 10. General Agenda ItemBoard Comments   Action details None
13-0011 11. General Agenda ItemCAO Comments and Referrals   Action details None
13-0012 12. General Agenda ItemGeneral Public Comment   Action details None
13-0026 12.1LIHP, Acces Point & ACAGeneral Agenda Itema. Receive an oral update on the status of the Low Income Health Program application; and b. Receive an oral update on the development of Access Point for Health Care Services, a local program for uninsured in Monterey County; and c. Receive an oral summary overview of the County’s preparation for implementation of Affordable Care Act in January 2014; and d. Provide direction to staff on options delineated in Board Report. (ADDED VIA ADDENDUM)received and filedPass Action details None
13-0006 13.Signal Hill LLCGeneral Agenda ItemPublic hearing (continued from December 4, 2012) to consider: a. Granting appeal by Sam Reeves from a decision of the Monterey County Planning Commission approving an after-the fact permit to clear a code violation (CE090288). The permit consists of a Coastal Development Permit and Restoration Plan for the removal of two landmark Monterey cypress trees, significant pruning of three Monterey cypress trees and sand dune degradation in an environmentally sensitive habitat area; b. Finding the project Categorically Exempt from CEQA per CEQA Guidelines Section 15307; and c. Approving an after-the fact permit to clear a code violation (CE090288). The permit consists of a Coastal Development Permit and Restoration Plan per section 20.90.130 of the Monterey County Coastal Implementation Plan Part 1 (Title 20, Zoning Ordinance) for the removal of two landmark Monterey cypress trees, significant pruning of three Monterey cypress trees and sand dune degradation in an environmentally sensitive habitat area. (Appeal of a Coastal Development Permit and Restoration Plan - PLN100418/Signal HilcontinuedPass Action details None
12-1190 14.Green Building OrdinanceGeneral Agenda ItemPublic hearing (continued from November 6, 2012) to: Consider adoption of an ordinance amending Chapter 18.12 of the Monterey County Code to adopt the 2010 California Green Building Standards Code by reference and add requirements and incentives for incorporating “green” building principles and practices into new development in the unincorporated area of Monterey County. (Green Building Ordinance - REF110058/County-wide)approvedPass Action details None
12-1199 15.Sea Mist Farms LLC, Desert Mist LLC & Desert Mist Farms LLCGeneral Agenda ItemContinued from December 11, 2012 to conduct a Public Hearing to: a. Approve a Lot Line Adjustment between four (4) lots of record within Farmland Security Zone (FSZ) No. 2012-010 and FSZ Contract No. 2012-010 and making various adjustments to Williamson Act Agricultural Preserve (AgP) No. 73-12 and No. 83-05 and Land Conservation Contract No. 73-12, 83-05, and 83-26-5.a as more fully described in the staff report. b. Authorize the Chair to execute new or amended Land Conservation and FSZ Contracts to implement the foregoing. c. Direct the Clerk of the Board to record the new or amended Contracts concurrently with the recordation of the Certificates of Compliance for the reconfigured Williamson Act parcels. (Lot Line Adjustment - PLN120746/Sea Mist Farms LLC., located along River Road, adjacent to Somavia Road, Chualar, Toro Area Plan & Central Salinas Valley Area Plan within the Agricultural and Winery Corridor Plan (AWCP))approvedPass Action details None
13-0004 16.Powell (Mozingo)General Agenda ItemPublic hearing (continued from October 23, 2012) to consider: a. Denial of the appeal by Glen R. Mozingo from the Zoning Administrator’s approval of an application by the Estate of William Dan Powell for an amendment to a Coastal Administrative Permit (PLN110366/Powell) to allow the development of a test well and authorize the construction and use of the well for testing to establish a water source in a new location from the location that was previously approved; b. Approval of the amendment to a Coastal Administrative Permit (PLN110366/Powell) to allow the development of a test well and authorize the construction and use of the well for testing to establish a water source in a new location from the location that was previously approved; c. Denial of the appeal by Glen R. Mozingo from the Zoning Administrator’s approval of an application by the Estate of William Dan Powell for a Coastal Administrative Permit (PLN110367/Powell) to allow the conversion of the test well (previously approved under PLN070074 and amended under PLN110366) to a domestic production well; and d. ApprovacontinuedPass Action details None
A 12-229 17.SERIO AGREEMENTBoS AgreementAuthorize the Purchasing Manager for Natividad Medical Center (NMC) to execute the Professional Services Agreement with Mohamed Kerala Serio M.D. to provide cardiology services at NMC for an amount not to exceed $750,000 for the period February 1, 2013 to June 30, 2014.approved  Action details None
A 12-234 18.Natividad Medical Foundation Amendment #6 (2)BoS AgreementAuthorize the Purchasing Manager of Natividad Medical Center (NMC) to execute Amendment #6 to the Agreement (A-11102) with the Natividad Medical Foundation (NMF) for philanthropic services, defined as “capital campaign development fundraising; community outreach in connection with fundraising; preparing and submitting foundation grant applications; administering current/future foundation grants; providing administrative and fiscal oversight expertise of secured federal grant awards and support and coordinate NMC/NMF joint community relations” in support of NMC’s strategic vision which includes a goal of $6 million through philanthropy to support capital needs at NMC; adding $974,428 (a decrease of $40,000 from the previous year) and extending the Agreement to December 31, 2013, for a revised total Agreement amount not to exceed $5,112,826 in the aggregate.approved  Action details None
13-0001 19.Waive Reading of Revised Discrimination OrdinanceGeneral Agenda Itema. Introduce, waive reading, and set January 29, 2013 at 1:30 p.m. to consider adoption of an ordinance amending Chapter 2.80 of the Monterey County Code establishing policy and procedures for the investigation and resolution of discrimination complaints. b. Direct the Clerk of Board to publish the summary five days prior to set date of January 29, 2013 and within 15 days of adoption in The Salinas Californian.approved  Action details None
13-0014 20.County Counsel Reappointment 2013General Agenda ItemApprove agreement to reappoint Charles J. McKee as County Counsel and authorize the Chair of the Board to execute the agreement.approved  Action details None
13-0027 20.1Monterey County Child Care Planning Council Bd RptGeneral Agenda Itema. Approve amendments to Monterey County Child Care Planning Council by-laws effective July 1, 2012, that make various changes to the number and terms of County appointees to the Council; b. Confirm adjustment of the terms of existing Planning Council members effective July 1, 2012, to accommodate the changes to the by-laws; and c. Declare that other or subsequent changes to the Council’s by-laws no longer require Board approval unless such changes affect the number and terms of County appointees, or otherwise affect the County’s duties under state law.approved  Action details None
13-0029 20.2Grand Jury ResponseGeneral Agenda Itema. Approve amended response to the 2012 Monterey County Civil Grand Jury Interim Final Report No. 1; and b. Direct the County Administrative Officer to file the approved amended response with the Presiding Judge of the Superior Court, County of Monterey, by January 23, 2013. (ADDED VIA ADDENDUM)approved  Action details None
12-1197 21.5YR CIP Capital Projects Fund 404General Agenda Itema. Approve the recommended Five-Year Capital Improvement Plan financing plan for Capital Projects Fund 404; b. Approve the recommendation of capital projects to be funded in FY 2012-13; and c. Direct Resource Management Agency staff to continue to pursue alternative options for the proposed new office facility for the Public Defender.approved  Action details None
13-0005 22.Authorize 58K Aromas Oak Ridge Mutual Water CoGeneral Agenda Itema. Authorize the additional expenditure of $58,000 from the County’s Capital Projects Fund 402 to Aromas Water District to finalize preparations for the creation of an assessment district and conduct of a Proposition 218 majority protest procedure for the connection of Oak Ridge Mutual Water Company and portion of Via Del Sol Drive Area to the Aromas Water System; b. Authorize the RMA Director to execute an amendment No. 2 to Agreement with the Aromas Water District outlining the Agreement Terms for Funding of specified work and repayment via successful Proposition 218 Assessment District; and, c. Authorize, should Assessment District fail, the County funds provided to Aromas Water District will be deemed a County Contribution without repayment.approved  Action details None
RES 13-004 23.Resolution Ratifying Emergency Carmel Valley RoadBoS ResolutionAdopt a Resolution: a. Finding that there was sufficient cause to take actions on an emergency basis to implement necessary repairs to a 48-inch culvert pipe across Carmel Valley Road near Laurel Drive, located in Carmel Valley, CA; b. Ratifying the execution of emergency contracts, purchase orders, and emergency actions taken by the Director of Public Works, or his designee, in response to the identified emergency (4/5th vote required); c. Authorizing the Director of Public Works to terminate the emergency to repair the 48-inch culvert pipe across Carmel Valley Road near Laurel Drive, located in Carmel Valley, CA when all the improvements are complete; and d. Authorizing the Director of Public Works to Accept the Improvements and file a Notice of Completion. (ADDED VIA ADDENDUM)adoptedPass Action details None