Meeting Name: Board of Supervisors Agenda status: Final-Revised
Meeting date/time: 11/6/2012 9:00 AM Minutes status: Final  
Meeting location: Note: The Open Session starts at 10:00 A.M.
See separate agenda for Monterey County Water Resources Agency/ See item 45 for Supplemental/Addendum
Published agenda: Agenda Agenda Published minutes: Minutes Minutes Video en Español None  
Agenda packet: None
Meeting video:  
Attachments:
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CS 12-048 1.Closed Session BoS 11-06-12Closed SessionClosed 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) County of Monterey v. California-American Water Company (San Francisco Superior Court case no. CGC-12-521875 (2) Application of California-American Water Company (U210W) for Approval of the Monterey Peninsula Water Supply Project: Application 12-04-019 (3) John McCormick v. Monterey County, et al. (USDC CAND case no. CV12-04434EJD) b. Pursuant to Government Code section 54956.9(b), the Board will confer with legal counsel regarding four matters of significant exposure to litigation. c. Pursuant to Government Code section 54957, the Board will confer regarding discipline, dismissal, or release of a public employee.   Action details None
12-1047 2. General Agenda ItemApproval of the Consent Calendar - Regular (See Supplemental Sheet)approvedPass Action details None
CR 12-105 3.Hartnell College Veterans ResolutionCeremonial ResolutionResolution recognizing the dedication of the new Hartnell College Veterans Center on November 9, 2012. (Supervisor Potter)adoptedPass Action details None
CR 12-106 4.Tarpy's Roadhouse ResolutionCeremonial ResolutionResolution commending Tarpy’s Roadhouse on the celebration of their 20th Year Anniversary. (Supervisor Potter)adoptedPass Action details None
CR 12-107 5.Frank Aguillon ResolutionCeremonial ResolutionResolution honoring Frank Aguillon for his many years of service to the community while serving on the Veterans Cemetery Citizens Advisory Committee and the Monterey County Military & Veterans Advisory Commission. (Supervisor Calcagno)adoptedPass Action details None
CR 12-108 6.Shelby L. Jackson ResolutionCeremonial ResolutionResolution honoring Shelby L. Jackson as a Monterey County Military and Veterans Services Advisory Commission’s “Veteran of the Year” for 2012. (Supervisor Parker)adoptedPass Action details None
CR 12-109 7.Joe Gunter ResolutionCeremonial ResolutionResolution honoring Joe Gunter as a Monterey County Military and Veterans Services Advisory Commission’s“Veteran of the Year” for 2012. (Supervisor Parker)adoptedPass Action details None
CR 12-110 7.1Dennis Donohue ResolutionCeremonial ResolutionAdopt Resolution honoring Dennis Donohue upon his retirement as Mayor of the City of Salinas. (Supervisor Potter)approved as amendedPass Action details None
APP 12-089 8.Notification to the ClerkAppointmentAppoint Lynne Semeria to the Carmel Highlands Fire Protection District to fill unscheduled vacancy, term ending June 30, 2014. (Supervisor Potter)approvedPass Action details None
APP 12-090 9.Notification to the ClerkAppointmentAppoint Jason Wittmann to the San Lucas County Water District to fill unscheduled vacancy, term ending December 1, 2013. (Supervisor Salinas)approvedPass Action details None
APP 12-091 10.Notification to the ClerkAppointmentAppoint Dr. Fernando R. Elizondo to the Natividad Medical Center Board of Trustees, term ending June 30, 2015. (Full Board)approvedPass Action details None
APP 12-092 11.Notification to the ClerkAppointmentAppoint Olivia Quezada to the In-Home Supportive Services Advisory Committee to fill unscheduled vacancy, term ending June 30, 2013. (Full Board)approvedPass Action details None
APP 12-093 12.Notification to the ClerkAppointmentAppoint Michael Bennett to the In-Home Supportive Services Advisory Committee to fill unscheduled vacancy, term ending June 30, 2013. (Full Board)approvedPass Action details None
APP 12-094 13.Notification to the ClerkAppointmentAppoint Francis W. White, Jr. to the Area Agency on Aging Advisory Council, term ending January 1, 2015. (Full Board)approvedPass Action details None
12-1051 16.1LIHP/VIA CARE Update 11.06.12General Agenda ItemReceive a written update on Monterey County’s Low Income Health Plan (LIHP) “Via Care” and its Medically Indigent Adult Program from the CEO of Natividad Medical Center (NMC) and the Director of Health.received and filedPass Action details None
12-1039 17.FY 2011-12 Budget End of Year ReportGeneral Agenda Itema. Receive and accept the FY 2011-12 Budget End-of-Year Report from the County Administrative Office; and b. Approve recommended actions as outlined in the FY 2011-12 Budget End of Year Report.approvedPass Action details None
A 12-208 18.USA Waste of CaliforniaBoS Agreementa. Consider adoption of 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.approved  Action details None
12-1037 19.Green Building OrdinanceGeneral Agenda ItemPublic hearing to: Consider adoption of an ordinance amending Chapter 18.12 of the Monterey County Code to adopt the 2010 California Green Building Standards Code by reference and add requirements and incentives for incorporating “green” building principles and practices into new development in the unincorporated area of Monterey County. (Green Building Ordinance - REF110058/County-wide)continued  Action details None
12-1041 20.Harkins Road Limited PartnershipGeneral Agenda Itema. Approving a Lot Line Adjustment of Williamson Act Lands to increase Parcel B (Assessor’s Parcel Number 223-042-022-000 and 223-042-025-000) from 30.76 acres to 30.91 acres and decrease Parcel A (Assessor’s Parcel Number 223-042-008-000) from 525.12 aces to 524.97 acres owned by Silverado Monterey Vineyards LLC. Parcel B is within Williamson Act Agricultural Preserves per Land Conservation Contract No. 73-032.A.2, owned by Harkins Road Building Limited Partnership; and b. Authorizing the Chair to execute new or amended Land Conservation Contract, in order to rescind a portion of the existing Land Conservation Contract as applicable to the reconfigured lots only and simultaneously execute new or amended Land Conservation Contract for the reconfigured lots between the County and the Property Owners of Record, reflecting the new legal description, current ownership interests and to incorporate any legislative changes to State Williamson Act provisions and current County Agricultural Preserve Policies or Procedures; and c. Directing the Clerk of the Board to record the new or amendecontinued  Action details None
12-1042 21.Yanks Air MuseumGeneral Agenda ItemConduct a Public hearing to consider adoption of Resolution related to the Yanks Air Museum Project to: a. Consider an Addendum (Addendum No. 2) to the previously certified Environmental Impact Report (EIR No. 95-01) for the Yanks Air Museum; b. Approve a Lot Line Adjustment of Williamson Act Lands within Agricultural Preserve No. 71-41 and related Amendment to Land Conservation Contract No. 71-41 as applicable to the reconfigured parcels; c. Approve Amendment to Agricultural Conservation Easement Agreement and Deed; d. Approve Second Amendment to Agricultural Buffer Easement Deed; e. Adopt Findings and Evidence as required to support the proposed Lot Line Adjustment of Williamson Act Lands and said Amendments, as applicable to the reconfigured parcels; and f. Authorize the Chair of the Board to execute Amendments to said instruments; and g. Direct the Clerk of the Board to record the Amendments to said instruments concurrently with the recordation of the Certificates of Compliance for the reconfigured parcels. (Lot Line Adjustment: PLN120376 / Charles F. Nichols and Juditapproved  Action details None
12-1048 22.Amendment to Title 19, 20, and 21General Agenda Itema. Receive report from the Resource Management Agency-Planning Department regarding the Planning Commission’s recommendation to the Board of Supervisors regarding draft ordinances (inland and coastal) to dissolve the Minor and Standard Subdivision Committees and change the process for consideration of applications for subdivisions and lot line adjustments. b. For REF100014 (Non-Coastal Ordinance) 1. Find the proposed Ordinance statutorily exempt from CEQA; and 2. Adopt an Ordinance to amend Title 19 (non-coastal subdivision ordinance) and Title 21 (non-coastal zoning ordinance) of the Monterey County Code to change the process for consideration of applications for subdivisions and lot line adjustments in the unincorporated inland area of the County of Monterey. Changes to the process include dissolution of the County of Monterey’s Minor and Standard Subdivision Committees, elimination of the Director of Planning’s authority to decide upon minor subdivisions and lot line adjustments, and designation of the Monterey County Planning Commission as the appropriate authority to considcontinuedPass Action details None
A 12-189 23.Avila ConstructionBoS AgreementAdopt a Resolution: a. Accepting the Certificate of Completion for Outpatient Expansion 2nd Floor-Building 200 for Natividad Medical Center, located at 1441 Constitution Blvd., Salinas, CA 93906, Project No. 8842, Bid Package No. 10317; and b. Authorizing the Assistant Administrator of Operations & Support Services to execute and record the Notice of Completion. (AMENDMENT 1 AND NOTICE OF COMPLETION SUBMITTED VIA SUPPLEMENTAL)approvedPass Action details None
A 12-191 24.Otto Construction (Radiology Equip Project 9600-12)BoS Agreementa. Authorize proceeding with a contract in the total amount of $479,100 to Otto Construction the lowest responsible and responsive base bidder, for the Natividad Medical Center (NMC) Radiology Equipment Replacement Project No 9600-12 Bid NMC-1005, for the period October 1, 2012 through June 30, 2013; and b. Authorize approval of the Performance and Payment Bonds executed and provided by Otto Construction; and c. Authorize a contingency (not to exceed 10% of the contract amount) to provide funding for approved contract change order; and d. Authorize the Purchasing Manager at NMC to execute the contract and subject to the terms of the Public Contract Code, approve change order to the contract that do not exceed 10% of the original contract amount, and do not significantly change the scope of work.approved  Action details None
A 12-193 25.Conflict of Interest Code AmendmentBoS AgreementApprove the proposed amendment to the Conflict of Interest Code of the Hospital Department (Natividad Medical Center) of Monterey County.approved  Action details None
A 12-202 26.NMC Signage Design RFQ #9600-42BoS Agreementa. Approve the Request for Qualifications (RFQ) #9600-42 for the Natividad Medical Center (NMC) Signage Master Plan Program Analysis per the scope of services described in the RFQ and; b. Approve the Purchasing Manager for Natividad Medical Center (NMC) to release the RFQ to the public on or about December 13, 2012.approved  Action details None
A 12-203 27.NMC RFQ #9600-25 Architectural Master AgreementBoS Agreementa. Authorize the Purchasing Manager for Natividad Medical Center (NMC) to enter into a Master Agreement pursuant to the Request for Qualifications (RFQ #9600-25) for Architectural Services (Projects under $100,000) at NMC. b. Authorize the Purchasing Manager for NMC to execute contracts pursuant to RFQ #9600-25 for Architectural Services (Projects under $100,000) with Kasavan Architects, Reel Grobman & Associates, The Stinnett Group, LLP and Wald Ruhnke and Dost for a total aggregate amount of $2,250,000 over three years (or $750,000 per fiscal year) for all contracts issued under the Master Agreement for the period November 1, 2012 to June 30, 2015. c. Each agreement for architectural services, utilizing the master agreement, shall not exceed $100,000 of liability to NMC per project requiring architectural services. The NMC Purchasing Manager is authorized to approve up to two (2) future amendments to each individual agreement, where the amendments do not exceed 10% of those individual agreements. The total aggregate amount of liability to NMC per year for all agreements and ameapproved  Action details None
12-525 28.PPPR - Phys On Call Pay - June 2012General Agenda ItemAdopt a Resolution to Amend the Personnel Policies and Practices Resolution No. 98-394 to Revise Section A.12.7: On Call Pay for Physicians, as Indicated in Attachment A.approvedPass Action details None
A 12-201 29.Beach Act GrantBoS AgreementApprove and authorize the Director of Health or designee to execute, on behalf of the County of Monterey, grant applications and agreements, and any amendments thereto, for continued Beach Act Grant and Beach Sanitation Grant funding administered by California State Water Resources Control Board.approved  Action details None
A 12-206 30.Dr. Stubblefield ContractBoS Agreementa. Authorize the Contracts/Purchasing Officer to approve and sign a Professional Services Agreement with James Stubblefield, M. D., for the period of December 01, 2012 through November 30, 2015 for Medical Director services for the Emergency Medical Services Agency, in the amount of $80,100 for Fiscal Year (FY) 2012-13, $80,100 for FY 2013-14, and $80,100 for FY 2014-15, for a total Agreement amount of $240,300 upon receipt of all required and updated documents and certificates of professional liability insurance; and, b. Authorize the Contracts/Purchasing Office to approve up to two future amendments to this Agreement where the amendments do not exceed ten percent (10%) of the original amount and do not significantly change the scope of work or result in an increase in the County General Fund Contribution; and, c. Authorize the modification of the County standard insurance requirements pertaining to General Liability Insurance, Business Automobile Liability Insurance, Workers Compensation Insurance, and Professional Liability Insurance.approved  Action details None
12-1011 31.CSW Annual ReportGeneral Agenda ItemApprove the Monterey County Commission on the Status of Women Annual Report Fiscal year 2011-2012.approved  Action details None
12-1012 32.MAOFGeneral Agenda Itema. Approve and authorize the Director of the Department of Social & Employment Services, or his designee, to sign an agreement with Mexican American Opportunity Foundation (MAOF) to facilitate the exchange of confidential information in order to provide Child Care Payment services to CalWORKs customers for the period July 1, 2012 through June 30, 2014; and b. Authorize the Director of the Department of Social & Employment Services, or his designee, to sign up to three (3) amendments to this agreement that do not significantly change the scope of work.approved  Action details None
12-1013 33.ETOGeneral Agenda Itema. Approve and authorize the Director of the Department of Social & Employment Services, or his designee, to sign the Social Solutions ETO (Efforts to Outcomes) Software Sub-License Agreement with Child & Family Policy Institute of California for the purpose of tracking information related to the Family-to-Family Initiative and the California Connected by 25 Initiative; and b. Authorize the Director of the Department of Social & Employment Services, or his designee, to sign all future amendments and updates to this Agreement that do not significantly change the licensing terms and conditions.approved  Action details None
12-1043 33.1DRPAGeneral Agenda Itema. Authorize the Chair of the Monterey County Board of Supervisors to sign an agreement with the Superior Court of California, County of Monterey concerning the administration and maintenance of the Dispute Resolution Programs Act (DRPA) in Monterey County. b. Approve the Board Resolution that delegates administration of the DRPA Trust Fund to the Superior Court of California, County of Monterey; for purposes of dispute resolution program administration, approve an amount not to exceed 10% of the annual revenue of the DRPA Trust Fund, as provided by Section 469 of the California Business and Professions Code, which shall be used to finance the administration of the program.approvedPass Action details None
12-1038 34.Fund 022 Public Safety Realignment FY2012-13General Agenda Itema. Authorize the Auditor-Controller to increase revenues $7,931,442 and appropriations $9,555,720 in Special Revenue Fund 022 and 023 for multiple departments in Fiscal Year 2012-13 for AB109 program reimbursements (4/5ths vote required); and b. Authorize the Auditor-Controller to increase revenues and appropriations in Special Revenue Fund 022 by $155,775 in Fiscal Year 2012-13 for the District Attorney and Public Defender legal services account (4/5ths vote required); and c. Authorize the Auditor-Controller to increase revenues and appropriations in Special Revenue Fund 022 by $3,071,990 in Fiscal Year 2012-13 for Probation Department AB118 program revenue (4/5ths vote required).approved  Action details None
A 12-190 35.RFP 10349 Towing ServicesBoS AgreementApprove and authorize the Contracts/Purchasing Officer to sign Master Agreements under the terms and conditions of RFP #10349 between the County of Monterey and Leyva’s Towing LLC, Miller’s Towing, PDP Investment Inc. dba P & R Towing, and U.S.A. Towing Inc. for the provision of towing services for County owned vehicles for an initial term of three years, effective from the date of execution through and including September 1, 2015, in an amount not to exceed the aggregate amount of $300,000 for the initial term.approved  Action details None
12-978 36.Information Technology COI Code Amendment 2012General Agenda ItemApprove and authorize amendments to the Conflict of Interest Code of the Information Technology Department.approved  Action details None
12-983 37.Approve Units M/N Probation MOU 7/1/11 thru 6/30/13General Agenda ItemApprove the Memorandum of Understanding (MOU) for Monterey County Probation Association Units M and N for the period July 1, 2011 through June 30, 2013.approved  Action details None
12-1016 38.F&G Annual Reports 10/11 11/12General Agenda ItemAccept the FY 2010/11 and 2011/12 Annual Report from the Monterey County Fish and Game Advisory Commission.approved  Action details None
ORD 12-032 39.Amended DTT OrdinanceOrdinancea. Introduce, waive reading, and set December 4, 2012 at 1:30 p.m. to consider adoption of an ordinance of the County of Monterey, State of California, amending Section 5.32 of the Monterey County Code as it relates to the Documentary Transfer Tax to reflect current law regarding the recognition of transfer of ownership rights in realty; and b. Direct the Clerk of Board to publish the summary five days prior to set date of December 4, 2012 and within 15 days of adoption in The Salinas Californian.approved  Action details None
12-1050 39.1Oracle Tech Support Agreement WRAGeneral Agenda Itema. Approve and authorize the Director of Information Technology to execute on behalf of the County of Monterey an Oracle Public Sector Technical Support Services Agreement between the County of Monterey and Oracle for the period of October 26, 2012 through October 25, 2015 for the yearly provision of technical support/maintenance of Oracle database server software used by the Monterey County Water Resources Agency in a total aggregate amount within this period not to exceed $17,497; b. Accept non-standard language in the Agreement provided by the vendor as recommended by the Director of Information Technology; and c. Authorize the Auditor/Controller’s Office to issue payments on a yearly basis not to exceed the total aggregate amount as requested by the Director of Information Technology. (ADDED VIA ADDENDUM)approved  Action details None
RES 12-0107 39.2 BoS ResolutionAdopt Resolution to: Authorize the CAO/Director of Emergency Services to respond to a request for assistance under the Emergency Management Assistance Compact by sending county personnel, equipment or commodities to areas affected by Hurricane Sandy.adoptedPass Action details None
12-1018 40.Williamson Act New Applications 2013General Agenda Itema. Set a public hearing for December 4, 2012 at 1:30 p.m., to consider 2013 applications to establish one (1) Agricultural Preserve (“AgP”) and three (3) Farmland Security Zones (“FSZ”) and Contracts (hereafter, “Applications”) as set forth in the proposed Board Order (Attachment “A”). b. Direct the Clerk of the Board of Supervisors to publish Notice of Hearing for the Public Hearing to take place on December 4, 2012 at 1:30 p.m., to consider 2013 applications to establish one (1) Agricultural Preserve (“AgP”) and three (3) Farmland Security Zones (“FSZ”) and Contracts (hereafter, “Applications”) as set forth in the proposed Board Order (Attachment “A”). (PLN120585 - /Williamson Act Contract Applications - 2013, County-wide)approved  Action details None
12-991 41.Update Machines with USPS Intelligent Mail BarcodeGeneral Agenda Itema. Receive a report on United States Postal Service’s Intelligent Mail Barcode system; and b. Approve updating the County’s Mail Services machinery with the new Intelligent Mail Barcode system to allow for the continuation of discounts for full-service mailings by January 2013.approved  Action details None
RES 12-0105 42.NOC Tombleson Inc Jail Restroom Renovation 8546BoS ResolutionAdopt a Resolution: a. Accepting the Certificate of Completion for construction of the Jail Restroom Renovation-1410 Natividad Rd, Project No. 8546, Bid Package No. 10345, performed by Tombleson, Inc.; and b. Authorizing the Director of Public Works to execute and record the Notice of Completion for the Jail Restroom Renovation-1410 Natividad Rd, Project No. 8546, Bid Package No. 10345, performed by Tombleson, Inc.adoptedPass Action details None
A 12-207 43.A4 PSA A-12166 HMC Arch. Criminal Justice ComplexBoS Agreementa. Approve Amendment No. 4 to Professional Services Agreement No. A-12166 with HMC Architects to provide additional tasks associated with architectural and technical master planning services and include preparation of an Environmental Impact Report to address California Environmental Quality Act requirements and to support the County’s efforts in meeting the specific conditional award requirements pursuant to the $36,295,000 State grant for expansion of the Criminal Justice Complex located at 1414 Natividad Road, Salinas, CA, in the amount of $528,945, plus a ten percent (10%) contingency amount of $52,895, for a total amount not to exceed $876,384, and extend the term to March 15, 2014; and b. Authorize the Contracts/Purchasing Officer to execute Amendment No. 4 to Professional Services Agreement No. A-12166 and future amendments that do not significantly alter the scope of work or change the approved Agreement amount. (ADDED VIA ADDENDUM)approved  Action details None
A 12-209 44.Modification A1 PSA Kitchell/CEM Inc.BoS Agreementa. Approve Modification and Amendment No. 1 to Professional Services Agreement MYA #3000*282 with Kitchell/CEM, Incorporated to continue consultant management services to complete the requirements for final Assembly Bill 900 Phase II funding approval for the Jail Housing Addition Project No. 8812 and to complete the 20 E. Alisal Street 2nd Floor Tenant Improvements Project No. 8787, in the amount of $284,550 for a total amount not to exceed $384,550 for a term to February 6, 2014; b. Approve addition of two positions (Project Executive and Senior Project Manager) to Kitchell/CEM, Incorporated Hourly Rates schedule (Exhibit A); c. Ratify Modification and Amendment No. 1 to Professional Services Agreement MYA #3000*282 as of September 10, 2012; and d. Authorize the Contracts/Purchasing Officer to execute Modification and Amendment No. 1 to Professional Services Agreement MYA #3000*282 and future amendments that do not significantly alter the scope of work or change the approved Agreement amount. (ADDED VIA ADDENDUM)approved  Action details None