County of Monterey - Meeting of Board of Supervisors on 10/23/2012 at 9:00 AM

CS 12-045

Thu, 12 Mar 2026 12:05:46 GMT

File #: CS 12-045
Ver.: 1
Agenda #: 1.
Type: Closed Session
Title: Closed 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) Martin Sanchez, et al. v. Jack Robert Hudson, et al., and related cross-actions (Monterey County Superior Court case no. M108880) (2) County of Monterey v. California-American Water Company (San Francisco Superior Court case no. CGC-12-521875 (3) Application of California-American Water Company (U210W) for Approval of the Monterey Peninsula Water Supply Project: Application 12-04-019 b. Pursuant to Government Code section 54956.9(b), the Board will confer with legal counsel regarding one matter of significant exposure to litigation. c. Pursuant to Government Code section 54957.6, the Board will confer with labor negotiators: (1) Designated representatives: Kimberley Moore and Brette Neal Employee Organization(s): Units H and S d. Pursuant to Government Code section 54957, the Board will confer regarding discipline, dismissal, or release of a public employe
Action:
Result:

12-988

Thu, 12 Mar 2026 12:05:47 GMT

File #: 12-988
Ver.: 1
Agenda #: 2.
Type: General Agenda Item
Title: Approval of the Consent Calendar - Regular (See Supplemental Sheet)
Action: approved
Result: Pass

CR 12-088

Thu, 12 Mar 2026 12:05:47 GMT

File #: CR 12-088
Ver.: 1
Agenda #: 3.
Type: Ceremonial Resolution
Title: Adopt Resolution honoring Dean Flippo on his selection by Community Partnership for Youth as a community leader who is making a difference in the lives of the youth. (Supervisor Parker)
Action: adopted
Result: Pass

CR 12-089

Thu, 12 Mar 2026 12:05:47 GMT

File #: CR 12-089
Ver.: 1
Agenda #: 4.
Type: Ceremonial Resolution
Title: Adopt Resolution honoring Martha Henry on her selection by Community Partnership for Youth as a community leader who is making a difference in the lives of the youth. (Supervisor Parker)
Action: adopted
Result: Pass

CR 12-090

Thu, 12 Mar 2026 12:05:47 GMT

File #: CR 12-090
Ver.: 1
Agenda #: 5.
Type: Ceremonial Resolution
Title: Adopt Resolution honoring Julianne Leavy on her selection by Community Partnership for Youth as a community leader who is making a difference in the lives of the youth. (Supervisor Parker)
Action: adopted
Result: Pass

CR 12-091

Thu, 12 Mar 2026 12:05:47 GMT

File #: CR 12-091
Ver.: 1
Agenda #: 6.
Type: Ceremonial Resolution
Title: Adopt Resolution honoring David Maradei on his selection by Community Partnership for Youth as a community leader who is making a difference in the lives of the youth. (Supervisor Parker)
Action: adopted
Result: Pass

CR 12-092

Thu, 12 Mar 2026 12:05:47 GMT

File #: CR 12-092
Ver.: 1
Agenda #: 7.
Type: Ceremonial Resolution
Title: Adopt Resolution honoring Taffra Mayo Purnsley on her selection by Community Partnership for Youth as a community leader who is making a difference in the lives of the youth. (Supervisor Parker)
Action: adopted
Result: Pass

CR 12-096

Thu, 12 Mar 2026 12:05:47 GMT

File #: CR 12-096
Ver.: 1
Agenda #: 8.
Type: Ceremonial Resolution
Title: Adopt Resolution honoring Claudia Ward as one of Monterey County Military and Veterans Services Advisory Commission’s 2012“Veteran’s of the Year”. (Supervisor Potter)
Action: adopted
Result: Pass

CR 12-097

Thu, 12 Mar 2026 12:05:47 GMT

File #: CR 12-097
Ver.: 1
Agenda #: 9.
Type: Ceremonial Resolution
Title: Adopt Resolution honoring Byron Hoffman as one of Monterey County Military and Veterans Services Advisory Commission’s 2012 “Veteran’s of the Year”. (Supervisor Potter)
Action: adopted
Result: Pass

CR 12-098

Thu, 12 Mar 2026 12:05:47 GMT

File #: CR 12-098
Ver.: 1
Agenda #: 10.
Type: Ceremonial Resolution
Title: Adopt Resolution commending Sharon M. Distance, Senior Secretary to the Department of Public Works, for her dedicated service of over thirteen years to the County of Monterey. (Supervisor Potter)
Action: adopted
Result: Pass

CR 12-094

Thu, 12 Mar 2026 12:05:47 GMT

File #: CR 12-094
Ver.: 1
Agenda #: 11.
Type: Ceremonial Resolution
Title: Adopt Resolution honoring John Wesley Tomkinson as a Monterey County Military and Veterans Services Advisory Commission’s “Veteran of the Year” for 2012. (Supervisor Parker)
Action: adopted
Result: Pass

CR 12-093

Thu, 12 Mar 2026 12:05:48 GMT

File #: CR 12-093
Ver.: 1
Agenda #: 12.
Type: Ceremonial Resolution
Title: Adopt Resolution Honoring Michael A. O’Brien as a Monterey County Military and Veterans Services Advisory Commission’s “Veteran of the Year” for 2012. (Supervisor Parker)
Action: adopted
Result: Pass

CR 12-095

Thu, 12 Mar 2026 12:05:48 GMT

File #: CR 12-095
Ver.: 1
Agenda #: 13.
Type: Ceremonial Resolution
Title: Adopt Resolution Honoring Juan “Danny” Jose as a Monterey County Military and Veterans Services Advisory Commission’s “Veteran of the Year” 2012. (Supervisor Parker)
Action: adopted
Result: Pass

CR 12-099

Thu, 12 Mar 2026 12:05:48 GMT

File #: CR 12-099
Ver.: 1
Agenda #: 14.
Type: Ceremonial Resolution
Title: Adopt Resolution recognizing James P. Nunn on behalf of the Monterey County Veterans Services Advisory Commission. (Supervisor Armenta)
Action: adopted
Result: Pass

CR 12-100

Thu, 12 Mar 2026 12:05:48 GMT

File #: CR 12-100
Ver.: 1
Agenda #: 15.
Type: Ceremonial Resolution
Title: Adopt Resolution recognizing Carl W. Triplett on behalf of the Monterey county veterans Services Advisory Commission. (Supervisor Armenta)
Action: adopted
Result: Pass

CR 12-101

Thu, 12 Mar 2026 12:05:48 GMT

File #: CR 12-101
Ver.: 1
Agenda #: 16.
Type: Ceremonial Resolution
Title: Adopt Resolution honoring Karl Karl upon being selected as one of the Monterey County Military and Veterans Services Advisory Commission’s “Veteran of the Year” for the year 2012. (Supervisor Calcagno)
Action: adopted
Result: Pass

CR 12-102

Thu, 12 Mar 2026 12:05:48 GMT

File #: CR 12-102
Ver.: 1
Agenda #: 17.
Type: Ceremonial Resolution
Title: Adopt Resolution honoring Elkhorn Slough Foundation on the occasion of their 30th Anniversary. (Supervisor Calcagno)
Action: adopted
Result: Pass

CR 12-103

Thu, 12 Mar 2026 12:05:48 GMT

File #: CR 12-103
Ver.: 1
Agenda #: 17.1
Type: Ceremonial Resolution
Title: Adopt Resolution honoring Dr. John W. Kistinger on his selection as Monterey County Military and Veterans Services Advisory Commission’s 2012 Veteran of the Year. (Supervisor Salinas)
Action: adopted
Result: Pass

CR 12-104

Thu, 12 Mar 2026 12:05:48 GMT

File #: CR 12-104
Ver.: 1
Agenda #: 17.2
Type: Ceremonial Resolution
Title: Adopt Resolution honoring Robert Lockwood on his selection as Monterey County Military and Veterans Services Advisory Commission’s 2012 Veteran of the Year. (Supervisor Salinas)
Action: adopted
Result: Pass

RES 13-036

Thu, 12 Mar 2026 12:17:30 GMT

File #: RES 13-036
Ver.: 1
Agenda #: 17.3
Type: BoS Resolution
Title: Adopt Resolution honoring Eric Groner of InterContinential The Clement Monterey upon being named recipient of the 2012 Monterey County Hospitality Association Papa Vince Award.
Action: adopted
Result: Pass

APP 12-084

Thu, 12 Mar 2026 12:05:46 GMT

File #: APP 12-084
Ver.: 1
Agenda #: 18.
Type: Appointment
Title: Appoint Samantha Harrison, Joanne Webster and Alan Crawford to the Monterey County Workforce Investment Board, terms ending October 23, 2014. (Full Board)
Action: approved
Result: Pass

APP 12-085

Thu, 12 Mar 2026 12:05:48 GMT

File #: APP 12-085
Ver.: 1
Agenda #: 19.
Type: Appointment
Title: Appoint Dr. Willard Clark Lewallen to the Monterey County Workforce Investment Board to fill unscheduled vacancy, term ending February 14, 2015. (Full Board)
Action: approved
Result: Pass

APP 12-086

Thu, 12 Mar 2026 12:05:48 GMT

File #: APP 12-086
Ver.: 1
Agenda #: 20.
Type: Appointment
Title: Appoint Todd Farr to the Youth Council Workforce Investment Board to fill unscheduled vacancy, term ending February 14, 2014. (Full Board)
Action: approved
Result: Pass

APP 12-087

Thu, 12 Mar 2026 12:05:47 GMT

File #: APP 12-087
Ver.: 1
Agenda #: 21.
Type: Appointment
Title: Appoint Wendy Crawford to the Monterey County Workforce Investment Board to fill unscheduled vacancy, term ending May 25, 2013. (Full Board)
Action: approved
Result: Pass

APP 12-088

Thu, 12 Mar 2026 12:05:48 GMT

File #: APP 12-088
Ver.: 1
Agenda #: 22.
Type: Appointment
Title: Appoint Deidre Sullivan to the Water Resources Agency Board of Directors to fill unscheduled vacancy, term ending December 31, 2013. (Supervisor Parker) REVISED VIA SUPPLEMENTAL
Action: approved
Result: Pass

12-993

Thu, 12 Mar 2026 12:05:48 GMT

File #: 12-993
Ver.: 1
Agenda #: 27.
Type: General Agenda Item
Title: Public hearing 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; 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. Approval of a Coastal Administrative Permit (PLN110367/Powell) to allow the conversion of the test we
Action: continued
Result: Pass

12-998

Thu, 12 Mar 2026 12:05:48 GMT

File #: 12-998
Ver.: 1
Agenda #: 28.
Type: General Agenda Item
Title: Receive an oral report to consider County initiated Notice of Non-Renewal of a portion of Williamson Act Land Conservation Contract No. 69-017 effective January 1, 2013. (PLN120564 - County initiated Notices of Non-Renewal 2013 - Portion of Williamson Act Agricultural Preserve Land Conservation Contract No. 69-017, South County Area Plan)
Action: approved
Result: Pass

12-1003

Thu, 12 Mar 2026 12:05:48 GMT

File #: 12-1003
Ver.: 1
Agenda #: 28.1
Type: General Agenda Item
Title: Receive an update oral report on “Via Care,” Monterey County’s contemplated Low Income Health Plan (LIHP) from the Director of Health and the CEO of Natividad Medical Center (NMC).
Action: continued
Result: Pass

A 12-188

Thu, 12 Mar 2026 12:05:47 GMT

File #: A 12-188
Ver.: 1
Agenda #: 29.
Type: BoS Agreement
Title: Authorize the Purchasing Manager for Natividad Medical Center (NMC) to execute the First Amendment to the Professional Services Agreement (A-11514) between The Regents of the University of California, a California Constitution corporation, on behalf of the University of California, San Francisco, School of Medicine, Department of Pediatrics (“UCSF”), and Natividad Medical Center (“NMC”) to provide Neonatology Services at NMC, extending the term Agreement to October 31, 2013, for a total amount not to exceed $1,050,000 (no change from the previously approved amount) in the aggregate.
Action: approved
Result:

12-926

Thu, 12 Mar 2026 12:05:47 GMT

File #: 12-926
Ver.: 1
Agenda #: 30.
Type: General Agenda Item
Title: a. Amend FY 2012-2013 Health Department Budget 4000, HEA012-8410 to reallocate 1.0 FTE Behavioral Health Aide to 1.0 FTE Psychiatric Social Worker II; and b. Direct the County Administrative Office to incorporate the approved change in the FY 2012-13 Adopted Budget.
Action: approved
Result:

A 12-187

Thu, 12 Mar 2026 12:05:47 GMT

File #: A 12-187
Ver.: 1
Agenda #: 31.
Type: BoS Agreement
Title: a. Adopt a Resolution to approve Amendment No. 2 to the Unified Franchise Agreement (Agreement No. A-11631) between the County of Monterey and USA Waste of California, Inc., dba Carmel Marina Corporation, for the Exclusive Collection of Solid Waste and Recyclables in Unincorporated Monterey County in order to adjust collection rates as shown in Exhibit 1 “Approved Rates and Charges” of Amendment No. 2 effective January 1, 2013, to implement a rate adjustment as required by contract for services provided by USA Waste of California, Inc., dba Carmel Marina Corporation; and b. Approve and authorize the Director of Health to execute Amendment No. 2 to the Unified Franchise Agreement (Agreement No. A-11631) between the County of Monterey and USA Waste of California, Inc., dba Carmel Marina Corporation, for the Exclusive Collection of Solid Waste and Recyclables in Unincorporated Monterey County.
Action: approved
Result: Pass

12-966

Thu, 12 Mar 2026 12:05:47 GMT

File #: 12-966
Ver.: 1
Agenda #: 32.
Type: General Agenda Item
Title: Approve appointment of Lisa B. Hernandez, M.D., M.P.H., to the position of Health Officer at an annual salary of $190,686, effective November 3, 2012.
Action: approved
Result:

RES 12-0098

Thu, 12 Mar 2026 12:05:48 GMT

File #: RES 12-0098
Ver.: 1
Agenda #: 33.
Type: BoS Resolution
Title: Adopt Resolution to: a. Approve the transfer of the administrative organizational reporting structure of the Office for Employment Training from the Department of Social and Employment Services to the Economic Development Department; b. Amend Personnel Policies and Practices Resolution No. 98-394 to re-title the classification of Economic Development/WIB Director to Economic Development Director and amend Section A.10.1 Department Heads Designated as indicated in Attachment A; c. Approve the re-titling of the Department of Social and Employment Services to the Department of Social Services; and d. Authorize the County Administrative Officer and Auditor Controller to take the necessary action to program the Advantage system to implement these actions including the transfer of positions, appropriations and units as well as the accounting structure and levels of the appropriation control effective July 1, 2013 (4/5ths vote required). (CONTINUED VIA ADDITIONS AND CORRECTIONS TO OCTOBER 23, 2013)
Action: continued
Result: Pass

12-948

Thu, 12 Mar 2026 12:05:47 GMT

File #: 12-948
Ver.: 1
Agenda #: 34.
Type: General Agenda Item
Title: a. Authorize the term of the Monterey County Civil Grand Jury to be on a fiscal year basis commencing July 1, 2013; b. Request the Monterey County Superior Court to convene a new Civil Grand Jury for the term July 1, 2013 - June 30, 2014; c. Extend the term of the 2012 Civil Grand Jury for one month, to end January 31, 2013; and d. Request the Monterey County Superior Court to discharge the 2012 Civil Grand Jury no earlier than February 1, 2013.
Action: approved
Result: Pass

12-977

Thu, 12 Mar 2026 12:05:47 GMT

File #: 12-977
Ver.: 1
Agenda #: 35.
Type: General Agenda Item
Title: Continue the date and time for Hearing the Pebble Beach Company’s Appeal of Transient Occupancy Tax Late Payment Penalty from November 6, 2012, to a date and time to be determined and set in 2013.
Action: approved
Result:

12-962

Thu, 12 Mar 2026 12:05:47 GMT

File #: 12-962
Ver.: 1
Agenda #: 36.
Type: General Agenda Item
Title: Receive and Accept the Treasurer’s Report of Investments for the quarter ending September 30, 2012.
Action: approved
Result:

12-967

Thu, 12 Mar 2026 12:05:47 GMT

File #: 12-967
Ver.: 1
Agenda #: 37.
Type: General Agenda Item
Title: Appoint nominees to governing boards of various districts that have insufficient nominees to cause an election on November 6, 2012.
Action: approved
Result:

12-968

Thu, 12 Mar 2026 12:05:47 GMT

File #: 12-968
Ver.: 1
Agenda #: 38.
Type: General Agenda Item
Title: Approve and authorize Assessor to enter into a Two Year Agreement on Behalf of Monterey County for a Petroleum and Geothermal Property Sales Study between California Assessor's Association Members and Harold W. Bertholf, Inc.
Action: approved
Result:

12-989

Thu, 12 Mar 2026 12:05:48 GMT

File #: 12-989
Ver.: 1
Agenda #: 39.
Type: General Agenda Item
Title: a. Approve a one-year extension on the Management Agreement between Monterey County and Urban Park Concessionaires, doing business locally as “Monterey Lakes Recreation Company”, at Monterey County Parks lake resort operations, extending the current term through October 31, 2013; b. Authorize the Chair of the Monterey County Board of Supervisors to sign the Addendum No. 1 to the Agreement; and c. Authorize the Chair of the Monterey County Water Resources Agency Board to sign the Addendum No. 1 to the Agreement on behalf of the Water Resources Agency.
Action: approved
Result:

A 12-199

Thu, 12 Mar 2026 12:05:48 GMT

File #: A 12-199
Ver.: 1
Agenda #: 39.1
Type: BoS Agreement
Title: a. Approve a request for the American Society of Civil Engineers to conduct a Peer Review for the Resource Management Agency ; and b. Authorize the Resource Management Agency Director to execute the American Society of Civil Engineers Peer Review Letter Agreement.
Action: approved
Result:

12-974

Thu, 12 Mar 2026 12:05:47 GMT

File #: 12-974
Ver.: 1
Agenda #: 40.
Type: General Agenda Item
Title: a. Approve Amendment No. 1 to Professional Services Agreement No. A-11561 with Benchmark Land Use Group, Inc. (d.b.a. Benchmark Resources) to continue to provide tasks associated with State of California Surface Mining and Reclamation Act (SMARA) annual inspections and assistance with the Office of Mine Reclamation’s (OMR) Lead Agency Review Team (LART) report for the County of Monterey Resource Management Agency - Planning Department, in the amount of $46,773.50 for a total amount not to exceed $175,473.50 and extend the term to November 3, 2013; and b. Authorize the Contracts/Purchasing Officer to execute Amendment No. 1 to Professional Services Agreement No. A-11561 and future amendments to the Agreement where the amendments do not significantly alter the scope of work or change the approved Agreement amount. Permit Type: PD060230/Contract and PD090745/SMARA State of California Surface Mining and Reclamation Act (SMARA) annual inspections (Request for Proposal No. 10209)
Action: approved
Result:

12-995

Thu, 12 Mar 2026 12:05:48 GMT

File #: 12-995
Ver.: 1
Agenda #: 41.
Type: General Agenda Item
Title: Adopt resolution finding that a public convenience would be served by the issuance of a Type 20 (Off-Sale Beer and Wine) license by the Department of Alcoholic Beverage Control (ABC) to Peninsula Petroleum, LLC at 7 Carmel Center Place, Carmel for the sale of beer and wine for off-site consumption, pursuant to Section 23958.4 of the Business and Professions Code. (PLN120569/ Peninsula Petroleum, LLC, 7 Carmel Center Place, Carmel, Carmel Valley Master Plan.
Action: continued
Result: Pass

12-1002

Thu, 12 Mar 2026 12:05:48 GMT

File #: 12-1002
Ver.: 1
Agenda #: 41.1
Type: General Agenda Item
Title: a. Rescinding prior Board Resolution No. 06-206 approving an amendment to the Conservation and Scenic Easement Deed and Final Map Dedication for Phase IV of the Monterra Ranch Subdivision recorded as Volume 22, Cities and Towns, at Page 38, as adopted on May 16, 2006; b. Adopting a Resolution approving the amendment to the Conservation and Scenic Easement Deed and Final Map Dedications for Canada Woods North, Phase II, recorded at Volume 22, Cities and Towns, at Page 8; c. Authorizing the Chair of the Board to execute the amendment to the Conservation and Scenic Easement Deed and Final Map Dedications for Canada Woods North, Phase II, recorded as Volume 22, Cities and Towns, at Page 8; and d. Directing the Clerk of the Board to submit the amendment to the Conservation and Scenic Easement Deed and Final Map Dedications to the County Recorder for recordation. (Conservation & Scenic Easement - PLN030068/CRE LJ CA LLC, Greater Monterey Peninsula Area Plan)
Action: approved
Result: Pass

12-950

Thu, 12 Mar 2026 12:05:47 GMT

File #: 12-950
Ver.: 1
Agenda #: 42.
Type: General Agenda Item
Title: a. Receive a report on Board Referral No. 2012.05 regarding a feasibility study of various alternatives for wastewater treatment for the Toro Community; and b. Approve the recommendation to conduct the feasibility study.
Action: approved
Result:

12-951

Thu, 12 Mar 2026 12:05:47 GMT

File #: 12-951
Ver.: 1
Agenda #: 43.
Type: General Agenda Item
Title: a. Receive a report on Monterey Bay Unified Air Pollution Control District enhanced vapor recovery upgrade requirements for Standing Loss Control Retrofits; and b. Approve retrofitting nine aboveground gasoline storage tanks in order to conform to California Air Resources Board Executive Order VR-301 by April 1, 2013.
Action: approved
Result:

RES 12-0104

Thu, 12 Mar 2026 12:05:47 GMT

File #: RES 12-0104
Ver.: 1
Agenda #: 44.
Type: BoS Resolution
Title: Adopt a Resolution: a. Accepting the Certificate of Completion for construction of the County of Monterey, Project 8810 Bid 10301 Agricultural Commissioner’s Addition and Renovation, 1428 Abbott Street, Salinas CA, Earthwork Component, performed by Monterey Peninsula Engineering; and b. Authorizing the Director of Public Works to execute and record the Notice of Completion for the County of Monterey, Project 8810 Bid 10301 Agricultural Commissioner’s Addition and Renovation, 1428 Abbott Street, Salinas CA, Earthwork Component, performed by Monterey Peninsula Engineering.
Action: adopted
Result: Pass

ORD 12-028

Thu, 12 Mar 2026 12:05:48 GMT

File #: ORD 12-028
Ver.: 1
Agenda #: 45.
Type: Ordinance
Title: Introduce, waive the reading, and set December 11, 2012, at 10:30 a.m. as the date and time to consider adoption of an ordinance amending the Monterey County Code, Title 5, Section 5.08.120 as presented by the Resource Management Agency - Public Works in response to Board Referral 2011.07 regarding the local hiring process for County construction contracts.
Action: approved
Result: