Legislation Details

File #: A 26-460    Name: PLN250085-DEP - Funding Agreement for Roth Minor Subdivision
Type: BoS Agreement Status: Housing & Community Development - Consent
File created: 10/16/2026 In control: Board of Supervisors
On agenda: 11/3/2026 Final action:
Title: a. Approve a new Funding Agreement with Edward and Kimberly Roth to fund the preparation of an Initial Study and Hydrogeologic Report and associated fees where the Base Budget is $50,662, the County Project Management/Contract Administration Fee is $7,600 (15% of the Base Budget), and the Project Contingency is $7,600 (15% of the Base Budget) for a not-to-exceed amount of $65,860, and term from execution to February 28, 2027; b. Authorize the Director of Housing and Community Development or designee to execute the Funding Agreement with Edward and Kimberly Roth in the amount of $65,860 and three future amendments that do not significantly alter the scope of work and do not increase the Agreement’s amount by more than 10% ($6,586 each), bringing the total cumulative cost increase to $19,758 and potential aggregate not-to-exceed amount to $85,618, subject to review by County Counsel and the Auditor-Controller; and c. Authorize the Director of Housing and Community Development or designee...
Attachments: 1. Attachment 1 - Funding Agreement & Draft PSA, 2. Board Report
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Title

a. Approve a new Funding Agreement with Edward and Kimberly Roth to fund the preparation of an Initial Study and Hydrogeologic Report and associated fees where the Base Budget is $50,662, the County Project Management/Contract Administration Fee is $7,600 (15% of the Base Budget), and the Project Contingency is $7,600 (15% of the Base Budget) for a not-to-exceed amount of $65,860, and term from execution to February 28, 2027;

b. Authorize the Director of Housing and Community Development or designee to execute the Funding Agreement with Edward and Kimberly Roth in the amount of $65,860 and three future amendments that do not significantly alter the scope of work and do not increase the Agreement’s amount by more than 10% ($6,586 each), bringing the total cumulative cost increase to $19,758 and potential aggregate not-to-exceed amount to $85,618, subject to review by County Counsel and the Auditor-Controller; and

c. Authorize the Director of Housing and Community Development or designee to execute the Professional Services Agreement with EMC Planning Group, Inc., in the amount of $58,261 and three future amendments to the Agreement that do not significantly alter the scope of work and do not increase the Agreement’s amount by more than 10% ($5,827 each) bringing the total cumulative cost increase to $17,479 and potential aggregate not-to-exceed amount to $75,739, subject to review by County Counsel and the Auditor-Controller.

Body

RECOMMENDATION:

It is recommended that the Board of Supervisors:

a. Approve a new Funding Agreement with Edward and Kimberly Roth to fund the preparation of an Initial Study and Hydrogeologic Report and associated fees where the Base Budget is $50,662, the County Project Management/Contract Administration Fee is $7,600 (15% of the Base Budget), and the Project Contingency is $7,600 (15% of the Base Budget) for a not-to-exceed amount of $65,860, and term from execution to February 28, 2027;

b. Authorize the Director of Housing and Community Development or designee to execute the Funding Agreement with Edward and Kimberly Roth in the amount of $65,860 and three future amendments that do not significantly alter the scope of work and do not increase the Agreement’s amount by more than 10% ($6,586 each), bringing the total cumulative cost increase to $19,758 and potential aggregate not-to-exceed amount to $85,618, subject to review by County Counsel and the Auditor-Controller; and

c. Authorize the Director of Housing and Community Development or designee to execute the Professional Services Agreement with EMC Planning Group, Inc., in the amount of $58,261 and three future amendments to the Agreement that do not significantly alter the scope of work and do not increase the Agreement’s amount by more than 10% ($5,827 each) bringing the total cumulative cost increase to $17,479 and potential aggregate not-to-exceed amount to $75,739, subject to review by County Counsel and the Auditor-Controller.

 

SUMMARY:

Edward and Kimberly Roth (Applicants) have applied for a Minor Subdivision and Administrative Permit (Project), PLN250085-DEP, to subdivide a 160-acre parcel (Assessor’s Parcel Number 423-041-024-000) into four 40-acre parcels and establish a small water system.  Currently, there are two single-family residences, a barn, appurtenances, and two wells.  The parcel has the land use designation of “Rural Grazing 40 Acre Minimum” in the South County Land Use Plan, zoned RG/40.  Single-family residences and grazing land surround the property on all sides.  The Project site is in Lockwood. 

The County is requiring the Applicants fund the preparation of an Administrative Draft Initial Study (ADIS) and Hydrogeologic Report for environmental review to be conducted by EMC Planning Group, Inc. (Contractor), and associated fees.  Contractor shall utilize the services of Todd Groundwater to prepare the Hydrogeologic Report.

DISCUSSION:

The Applicant applied for A Minor Subdivision and Administrative Permit on March 24, 2025.  The application has not been deemed complete, as a Hydrogeological Investigation/Report is required prior to deeming the project complete.  The Applicants were advised the Project required an ADIS and Hydrogeologic Report, pursuant to California Environmental Quality Act (CEQA) Guidelines section 15063.

An archaeological report and Water Well Drillers Report for the Project have been provided by the Applicants to the County and, in turn, provided to the Contractor.  A biological resources report and a geotechnical report are expected to be provided by the Applicants.  Contractor shall use these reports to prepare the ADIS and Hydrogeologic Report.

As required by CEQA, reasonably foreseeable secondary impacts associated with the Project need to be evaluated.  Currently, no development is proposed; however, future development of one single-family residence on each of the four parcels is likely.  The ADIS and Hydrogeologic Report will analyze potential impacts of the development of one single-family residence on each new vacant lot.  Since one single-family residence is included on the Project site, the ADIS may evaluate only the addition of three new houses.

OTHER AGENCY INVOLVEMENT/COMMITTEE ACTIONS:

The Offices of the County Counsel and Auditor-Controller have reviewed the Funding Agreement and Professional Services Agreement as to form and fiscal provisions, respectively.

FINANCING:

There are no costs to the General Fund as a result of this action.  Staff costs to manage the contracts and professional services provided by the Contractor will be funded by the Applicants.  Any additional staff time for processing the environmental review will be charged at the billing rate established in the Department’s fee article.

BOARD OF SUPERVISORS STRATEGIC PLAN GOALS: 

Approving this Funding Agreement and Professional Services Agreement supports the Board of Supervisors Strategic Goal for Well-Being and Quality of Life by providing the mechanism for preparing the required Administrative Draft Initial Study and Hydrogeologic Report to satisfy the County’s obligation to complete environmental review pursuant to the CEQA Guidelines Section 15063 and thereby ensuring long-term protection of coastal and public resources on the property.

    x           Well-Being and Quality of Life

                      Sustainable Infrastructure for the Present and Future

                      Safe and Resilient Communities

                      Diverse and Thriving Economy

                      Dynamic Organization and Employer of Choice

Link to the Strategic Plan:

<https://www.countyofmonterey.gov/home/showdocument?id=139569>

 

Prepared by:                     Kathleen Nielsen, Management Analyst, x4832

                                                                      Jade Mason, Assistant Planner, x3759

Reviewed by:                      Melanie Beretti, AICP, Chief of Planning

Approved by:                      Craig Spencer, HCD Director

 

The following attachments are on file with the Clerk of the Board:

Attachment 1 - Funding Agreement, including Draft PSA