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CS 13-023
| 1. | BoS 06-11-13 Closed Session | Closed Session | Closed Session under Government Code section 54950, relating to the following items:
a. Pursuant to Government Code section 54956.9(d)(1), the Board will confer with legal counsel regarding existing litigation:
(1) County of Santa Cruz, et al. v. Sebelius (USDC CAND case no. 3:07-CV-02888 MJJ)
(2) Ramon Obas v. County of Monterey (USDC CAND case no. CV-09-5540-LHK)
(3) Save Our Peninsula Committee v. County of Monterey (Monterey County Superior Court case no. M110694)
(4) LandWatch Monterey County v. County of Monterey (Monterey County Superior Court case no. M109434)
(5) The Open Monterey Project v. County of Monterey Board of Supervisors (Monterey County Superior Court case no. M109441)
b. Pursuant to Government Code section 54956.9(e)(3), the Board will confer with legal counsel regarding liability claims against the County of Monterey.
(1) Monterey-Salinas Transit District
c. Pursuant to Government Code section 54957.6, the Board will confer with labor negotiators:
(1) Designated representatives: James May and Brette Neal
Employee Organizations: All Units.
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13-0511
| 2. | | General Agenda Item | Approval of Consent Calendar (See Supplemental Sheet) | approved | Pass |
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CR 13-063
| 3. | Montanez Resolution | Ceremonial Resolution | Adopt Resolution Commending George David Montanez, Mechanic II, Department of Public Works, upon his retirement for more than 29 Years of Public Service. (Supervisor Armenta) | adopted | Pass |
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CR 13-064
| 4. | Serrano Resolution | Ceremonial Resolution | Adopt Resolution Recognizing Estella “Stella” Serrano for distinguished service as a Secretary for the County of Monterey Department of Social Services. (Supervisor Armenta) | adopted | Pass |
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CR 13-065
| 5. | Evers Resolution | Ceremonial Resolution | Adopt Resolution on behalf of the Monterey County Branch of the NAACP in Commemoration of the 50th Anniversary of the death of Medgar Wiley Evers. (Supervisor Armenta) | adopted | Pass |
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APP 13-065
| 6. | Mental Health Commission- Salles | Appointment | Appoint David Salles to the Mental Health Commission with a term ending May 31, 2016. (Supervisor Calcagno) | approved | Pass |
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APP 13-066
| 7. | Commission on the Status of Women - Anderson | Appointment | Appoint Carolyn Anderson to the Commission on the Status of Women to fill an unscheduled vacancy, term ending February 1, 2015. (Supervisor Potter) | approved | Pass |
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APP 13-067
| 8. | King City Cemetery Board - Taylor | Appointment | Appoint Will Taylor to the King City Cemetery Board to fill an unscheduled vacancy, term ending July 1, 2015. (Supervisor Salinas) | approved | Pass |
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APP 13-068
| 9. | Emergency Medical Care Committee - Burch, Tettelbach, Robins, Collins | Appointment | Reappoint to the Emergency Medical Care Committee the following members: Heidi Burch; Donald C. Tettelbach; Harry B. Robins, Jr. and Sherrie L. Collins, with terms ending June 30, 2015. (Full Board) | approved | Pass |
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APP 13-069
| 10. | Emergency Medical Care Committee - Tozzi and Rodriguez | Appointment | Appoint Michael J. Tozzi and Fire Chief Edmond A. Rodriguez to the Emergency Medical Care Committee, terms ending June 30, 2015. (Full Board) | approved | Pass |
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APP 13-070
| 11. | Community Action Commission - Stone | Appointment | Reappoint Levonne Stone to the Community Action Commission, term ending July 1, 2016. (Supervisor Parker) | approved | Pass |
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APP 13-071
| 12. | Ft. Ord Veteran Cemetery Citizen's Advisory Committee - Mancini | Appointment | Reappoint Tom Mancini to the Ft. Ord Veteran Cemetery Citizen’s Advisory Committee, term ending December 31, 2013. (Full Board) | approved | Pass |
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APP 13-072
| 13. | AAB - Daniel | Appointment | Reappoint Chris Daniel to the Assessment Appeals Board, term ending June 1, 2016. (Supervisor Parker) | approved | Pass |
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13-0590
| 17. | OES Oral Report 2013 | General Agenda Item | Receive an oral report/presentation from Office of Emergency Services (OES) Division regarding the status of the Emergency Management in Monterey County, including the realignment of the Operational Area Coordinating Council (OACC), grant management, Emergency Operations Center (EOC) upgrades, Continuity of Government plans, community preparedness efforts, and new hazard mitigation planning. | approved | Pass |
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RES 13-045
| 18. | Leased Property Substitution Project | BoS Resolution | Adopt Resolution to:
Authorize the execution and delivery by the County of amendments to a ground lease and a lease agreement in connection with the lease substitution and release of property previously leased with respect to the County of Monterey Certificates of Participation (2007 Refunding and Public Facilities Financing) and authorizing execution by the County Debt Manager of necessary documents and certificates and related actions. (REVISED ATTACHEMENT SUBMITTED - BOARD REPORT DISCUSSION - VIA SUPPLEMENTAL) | adopted | Pass |
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ORD 13-005
| 19. | Adopt ORD Stop Pesante Rd Pollock Ln Prunedale | Ordinance | Consider adoption of an ordinance amending section 12.24.020 of the Monterey County Code to establish a stop intersection on Pollock Lane at the north entrance to Pesante Road in Prunedale in the unincorporated area of the County of Monterey. | adopted | Pass |
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13-0571
| 20. | Cottage Food Operation Ordinances | General Agenda Item | Public hearing to consider:
a. Adoption of an ordinance amending Title 21 (non-coastal zoning) of the Monterey County Code to classify Cottage Food Operations as a permitted use of residential property for zoning purposes; and
b. Adoption of a resolution of intent to adopt an ordinance amending the Monterey County Coastal Implementation Plan, Part 1 (Title 20 of the Monterey County Code) to classify Cottage Food Operations as a permitted use of residential property for zoning purposes, with direction to staff to transmit the proposed ordinance to the California Coastal Commission for certification.
[REF120083 (Inland) and REF130010 (Coastal), Cottage Food Operation Ordinances
(AB 1616), County-wide] | approved | Pass |
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13-0618
| 21. | Greenfield Memorandum of Agreement | General Agenda Item | Consider adoption of a Resolution to:
a. Consider the Greenfield General Plan Environmental Impact Report and the South End Environmental Impact Report and City General Plan EIR Addendum;
b. Adopt the Greater Greenfield Area Memorandum of Agreement; and
c. Authorize the Chair of the Board of Supervisors to execute the Memorandum of Agreement.
(Greenfield Memorandum of Agreement/PD060778) | approved | Pass |
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A 13-065
| 22. | Abaris Group Amendment #1 | BoS Agreement | Authorize the Purchasing Manager for Natividad Medical Center (NMC) to execute Amendment No. 1 to the Agreement (MYA703) with The Abaris Group for Phase II of Level II Trauma Center Designation Preparation Services at NMC, extending the Agreement to June 30, 2014 and adding $191,450 for a revised total Agreement amount not to exceed $291,450 in the aggregate. | approved | |
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A 13-071
| 23. | Shred-it USA Amendment #2 | BoS Agreement | Authorize the Purchasing Manager for Natividad Medical Center (NMC) to execute Amendment No. 2 to the Agreement (MYA73) with Shred It USA for Document Shredding Services at NMC, extending the Agreement to June 30, 2014 and adding $80,000 for a revised total Agreement amount not to exceed $179,620 in the aggregate. | approved | |
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A 13-076
| 24. | Metro Republic Commercial Service Inc. Amendment #5 | BoS Agreement | Authorize the Purchasing Manager for Natividad Medical Center (NMC) to execute Amendment No. 5 to the Agreement (A-11010) with Metro Republic Commercial Service Inc. for Bad Debt Collection Services at NMC, extending the Agreement to June 30, 2015 for a total Agreement amount not to exceed $3,100,000 (no change to previously approved amount) in the aggregate. | approved | |
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A 13-079
| 25. | Monterey Language Amendment #4 | BoS Agreement | Authorize the Purchasing Manager for Natividad Medical Center (NMC) to execute Amendment No. 4 to the Agreement (A-12214) with Monterey Language Services for Translation, Interpretation and other Language Services at NMC, extending the Agreement to June 30, 2014 and adding $74,000 for Fiscal Year 2013-2014 for a revised total Agreement amount not to exceed $245,000 in the aggregate. | approved | |
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A 13-085
| 26. | Professional Research Consultants Amendment #7 | BoS Agreement | Authorize the Purchasing Manager for Natividad Medical Center (NMC) to execute Amendment No. 7 to the Agreement (A-10081) with Professional Research Consultants Inc. for Patient Satisfaction Survey Services at NMC, extending the Agreement to June 30, 2014 and adding $45,000 for Fiscal Year (FY) 2013-14 for a revised total Agreement amount not to exceed $348,937.50 in the aggregate. | approved | |
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A 13-102
| 27. | Marci Bracco Cain Amendment #2 | BoS Agreement | Authorize the Purchasing Manager for Natividad Medical Center (NMC) to execute Amendment No. 2 to the Agreement with Marci Bracco Cain for Marketing & Public Relations Consulting Services at NMC, extending the Agreement to June 30, 2014 and adding $100,000 for a revised total Agreement amount not to exceed $200,000 in the aggregate. | approved | |
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13-0406
| 28. | CSA 74 | General Agenda Item | Set a date for a public hearing on June 25, 2013, at 10:30 A.M., to consider approving the Fiscal Year (FY) 2013-14 assessments for CSA 74 for the Emergency Medical Services System Special Tax. | approved | |
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13-0444
| 29. | Underground Storage Tanks | General Agenda Item | Receive and accept a report that explains staff’s decision to transfer oversight responsibilities for remediation of leaking Underground Storage Tanks from the Environmental Health Bureau to the Regional Water Quality Control Board. | approved | |
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13-0486
| 30. | Childhood Lead | General Agenda Item | Receive and accept the first annual financial report from the Director of Health regarding the funds received by the Health Department from the Childhood Lead litigation settlement and accepted by action of the Board of Supervisors on December 13, 2011. | approved | |
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13-0575
| 31. | General Assistance | General Agenda Item | a. Authorize the Auditor-Controller to increase appropriations for FY 2012-13 in the Department of Social Services General Assistance Budget Unit 8253 (SOC002) by $85,000, financed by a cancellation of $85,000 from the Social Services Assignment (4/5th vote required); and
b. Direct the County Administrative Office to confirm with the Auditor-Controller the amount to cancel from the Social Services Assignment during the closing of the Fiscal Year 2011-12 actual results. | approved | |
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A 13-059
| 32. | CHOMP Lease | BoS Agreement | a. Approve and authorize the Contracts/Purchasing Officer to execute a twenty year Lease Agreement with Community Hospital Properties for approximately 25,000 rentable square feet of space located at 1150-1154 Fremont Boulevard, Seaside, California for use by the Health Department’s Clinic Services Bureau, to commence within one hundred twenty days of Board of Supervisors approval;
b. Authorize the Auditor-Controller to make lease payments in an amount not to exceed $68,750 per month and in accordance with the terms of the Lease Agreement; and
c. Authorize the extension of the Lease Agreement for two additional five year terms under the same terms and conditions, if deemed by the Contracts/Purchasing Officer to be in the best interest of the County.
d. Authorize the establishment of a committed fund of up to $3.2 million from the Natividad Medical Center Enterprise Fund in accordance with the Article 5 of the Lease Agreement, solely for that purpose. | approved | |
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A 13-075
| 33. | CalMHSA | BoS Agreement | Approve and authorize the Director of Health to sign the Second Amended and Restated Joint Exercise of Powers Agreement that governs operations of the California Mental Health Services Authority (CalMHSA). | approved | |
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13-0529
| 34. | a. Approve and Authorize the District Attorney to sign, submit and execute a grant application | General Agenda Item | Approve and Authorize the District Attorney to sign, submit and execute a grant application, including any extensions or amendments thereof, for continued funding for FY 2013-16 from Federal and State agencies for the District Attorney’s Office Victim Compensation and Government Claims Board (VCGCB). | approved | |
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13-0595
| 35. | AB109 FY 2011-12 Fund Balance | General Agenda Item | Amend the February 5, 2013 Board Order (File# 13-0084) to increase Fund 022 State AB109 Public Safety Realignment appropriations for the Public Defender 2270-PUB002-8169-7614 in the amount of $63,261. | approved | |
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13-0456
| 36. | Gartner | General Agenda Item | a. Approve and authorize the Contracts/Purchasing Officer to execute an Enrollment Confirmation with County of Ventura for their existing Master Contract with Gartner, Inc. on an as-needed basis for the period of May 1, 2013 through April 30, 2014 for the provision of information technology advisory services;
b. Accept non-standard liability and indemnification provisions in the Master Contract as recommended by the Director of Information Technology,
c. Authorize the Contracts/Purchasing Officer to enter into up to four (4) additional one year Enrollment Confirmations under the Master Contract, provided that the terms and conditions for the Master Contract, as amended, remain the same; and
d. Authorize the Contracts/Purchasing Officer to issue purchase orders pursuant to the Enrollment Confirmation(s) on an as-needed basis in an amount not to exceed $100,000 yearly. | approved | |
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13-0494
| 37. | | General Agenda Item | Adopt Resolution to approve the Conflict of Interest Code of the Northern Salinas Valley Mosquito Abatement District. | approved | Pass |
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13-0506
| 38. | County Property Insurance Premiums FY 2012-13 | General Agenda Item | Approve authorizing the Office of the Auditor-Controller to modify the appropriations in the FY 2012-13 adopted budget, up to the amounts listed on Attachment A, as necessary, to reflect the changes required in the allocation of the County’s property insurance premiums (4/5ths Vote Required). | approved | |
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13-0507
| 39. | Lakes Fuel Spill | General Agenda Item | Approve a request authorizing:
a. The transfer of General Fund Contingency funds as supported and recommended by the Budget Committee, in the amount of $1,018,685, for costs related to the San Antonio and Nacimiento Lakes Fuel Spill; and
b. The Auditor-Controller to increase FY 2012-13 revenue and appropriations by $1,018,685 in the newly created Lakes Fuel Spill Budget Unit 8429, which is under County Counsel Risk Management. (4/5ths Vote Required) | approved | |
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13-0508
| 40. | Megabyte Amendment No. 4 | General Agenda Item | a. Approve Amendment Number 4 to the Contractual Agreement No. A-07625 between the County of Monterey and the Megabyte Systems Inc. dated April 28, 1998, and its Addendum, the Software Upgrade MPTS2000+ dated July 1, 2007, as it has been subject to Amendments Nos. 1, 2, and 3, combined.
b. Approve an additional year of maintenance for the Megabyte Property Tax system for the fiscal year 2013-2014 at 1.7% increase from the current annual rate. | approved | |
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13-0515
| 41. | | General Agenda Item | Set the time and place for hearing of Carmel Valley Ranch’s appeal of Transient Occupancy Tax Penalty for Tuesday, June 25, 2013 at 1:30 p.m. or as soon thereafter as the matter may be heard, at the Monterey County Government Center Board Chamber, 168 W. Alisal St., 1st Floor, Salinas, California. | approved | |
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13-0546
| 42. | Grace Lutheran use of San Lorenzo Park | General Agenda Item | Approve the use of San Lorenzo Park on June 23, 2013 and August 18, 2013 for two functions held by Grace Lutheran Church in compliance with Monterey County Code 14.12.130. | approved | |
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13-0569
| 43. | Point Sur | General Agenda Item | a. Ratify the May 7, 2013 execution of a Revocable License Agreement for Non-Federal Use of Real Property between the County of Monterey and the United States of America by the Commandant of the Coast Guard for the use of the Point Sur Radio Communications site for public safety communications;
b. Accept non-standard indemnification and insurance provisions as recommended by the Sheriff and Director of Emergency Communications;
c. Authorize the Contracts / Purchasing Officer to sign amendments to this agreement where the total amendments do not result in additional cost to the County or significantly change the scope of the Agreement; and
d. Authorize the Director of Information Technology to sign the Waiver and Release from Liability Form related to climbing towers and other structures on the site; | approved | |
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13-0587
| 44. | HAVA Grant 13G26117 | General Agenda Item | Authorize the Registrar of Voters to execute Agreement Number 13G26117 with the Secretary of State's office to receive Help America Vote Act (HAVA) Section 261 grant funds in the amount of $30,000. | approved | |
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A 13-082
| 45. | Rockrose Gardens - Regulatory Agrmt. adm Declaration of Restrictive Covenants | BoS Agreement | a. Approve a Housing and Financing Regulatory Agreement and Declaration Of Restrictive Covenants for Rockrose Gardens; and
b. Authorize the Director of Economic Development to execute the Agreement and make minor modifications as necessary. | approved | |
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13-0574
| 46. | Carmel River Lagoon MOU | BoS Resolution | Adopt Resolution to:
a. Approve a Memorandum of Understanding (MOU) by and between Monterey County, the US Army Corp of Engineers and the National Marine Fisheries Service for “Flood Prevention and Habitat Protection at the Carmel Lagoon”; and
b. Authorize the Chair of the Board of Supervisors to sign the Memorandum of Understanding (MOU). | adopted | Pass |
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A 13-122
| 47. | Contract Otto Const. Mod 3 DA Tenant Imps 8778 | BoS Agreement | a. Award a contract to John F. Otto, Inc., dba Otto Construction, the lowest responsible and responsive bidder, for Modular #3 District Attorney - Tenant Improvements, 320 Church Street, Salinas, CA Project No. 8778, Bid Package No. 10405, in the total amount of $308,900;
b. Approve the Performance and Payment Bonds executed and provided by John F. Otto, Inc., dba Otto Construction and Travelers Casualty and Surety Company of America;
c. Authorize the Director of Public Works to establish a twenty percent contingency in the amount of $61,780, to provide funding for approved contract change orders that do not significantly change the scope of work;
d. Authorize the Director of Public Works to execute the contract and, subject to the terms of the August 28, 2001 Board Order, approve contract change orders where each change order does not exceed $25,000, plus 5 percent of the amount of the original contract cost in excess of $250,000; and
e. Authorize the Director of Public Works to accept a Certificate of Completion and record a Notice of Completion with the County Recorder when | approved | |
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