Title
a. Consider Board Referral 2019.12 regarding increased penalties for non-compliance with archeological on-site monitoring requirements associated with development projects to better protect Native American and other cultural resources; and
b. Provide direction to staff.
Project File: Board Referral 2019.12 - Archaeological On-Site Monitoring
Location: County Wide
Proposed CEQA Action: Not a Project under California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(5)
Report
RECOMMENDATION:
It is commended that the Board of Supervisors:
a. Find that a report identifying the work required for various options is not a project pursuant to section 15378(b)(5) of the CEQA Guidelines;
b. Receive a report in response to Board Referral 2019.12 regarding increased penalties for non-compliance with on-site archeological monitoring requirements associated with development projects to better protect Native American and other cultural resources; and
c. Provide direction to staff regarding amending County regulations and prioritization of staff resources
SUMMARY:
On October 15, 2019 the Board of Supervisors made a Referral requesting the Resource Management Agency (RMA) explore an ordinance to strengthen Monterey County's enforcement and increase fines related to non-compliance with archeological on-site monitoring conditions. These conditions are added to development projects in areas of high archaeological sensitivity and are meant to protect Native American and other cultural resources. This report outlines the considerations and level of effort that would be required to process an ordinance to the Board.
The amount of work depends on the amount of outreach included. Staff would need to perform research of State regulations to assess the parameters for a possible ordinance. If existing regulations do not provide the level of protection desired, an alternative could be to pursue legislation.
Development of an ordinance to create new penalt...
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