Legislation Details

File #: ORD 26-015    Name: BoS 09-29-26_Interim Ordinance_Detention Facilities
Type: Ordinance Status: Scheduled PM
File created: 9/4/2026 In control: Board of Supervisors
On agenda: 9/29/2026 Final action:
Title: Public hearing to adopt an interim ordinance to make findings and establish a temporary moratorium on the siting, construction, conversion, and/or operation of new or expanded detention facilities and correctional facilities within the unincorporated area of Monterey County, to the full extent authorized under federal and state law (4/5th vote required). Proposed California Environmental Quality Act (CEQA) Action: Find the adoption of this interim ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment under CEQA Guidelines section 15060(c)(2), and that the interim ordinance is categorically exempt pursuant to CEQA Guidelines section 15308 as a regulatory action taken by the County to assure maintenance and protection of the environment.
Attachments: 1. Board Report, 2. Draft interim ordinance, 3. Item No. 25 Presentation
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Title
Public hearing to adopt an interim ordinance to make findings and establish a temporary moratorium on the siting, construction, conversion, and/or operation of new or expanded detention facilities and correctional facilities within the unincorporated area of Monterey County, to the full extent authorized under federal and state law (4/5th vote required).
Proposed California Environmental Quality Act (CEQA) Action: Find the adoption of this interim ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment under CEQA Guidelines section 15060(c)(2), and that the interim ordinance is categorically exempt pursuant to CEQA Guidelines section 15308 as a regulatory action taken by the County to assure maintenance and protection of the environment.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Find the adoption of this interim ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment under CEQA Guidelines section 15060(c)(2), and that the interim ordinance is categorically exempt pursuant to CEQA Guidelines section 15308 as a regulatory action taken by the County to assure maintenance and protection of the environment; and
b. Adopt an interim urgency ordinance to make findings and establish a temporary moratorium on the siting, construction, conversion, and/or operation of new or expanded detention facilities and correctional facilities within the unincorporated area of Monterey County, to the full extent authorized under federal and state law (4/5th vote required).

SUMMARY:
The federal government intends to open two detention facilities in the Bay Area, one in unincorporated Santa Clara County (near the City of Gilroy) and one in the City of Dublin. Legal challenges have been successful in delaying progress on both facilities. In light of these actions by the federal government currently taking place in neighboring counties, it is ...

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