Meeting Name: Board of Supervisors Agenda status: Final-Revised
Meeting date/time: 3/19/2013 9:00 AM Minutes status: Final  
Meeting location:
See separate agendas for Monterey County Water Resources Agency, Pajaro County Sanitation District, Carmel Valley County Sanitation District, Boronda County Sanitation District, and East Garrison Community Services District.
Published agenda: Agenda Agenda Published minutes: Minutes Minutes Meeting Extra3: None  
Agenda packet: None
Meeting video:  
Attachments:
File #Agenda #NameTypeTitleActionResultAction DetailsVideo
CS 13-010 1.BoS 03-19-13 Closed SessionClosed SessionClosed Session under Government Code section 54950, relating to the following items: a. Pursuant to Government Code section 54956.9(d)(2), the Board will confer with legal counsel regarding two matters of significant exposure to litigation. b. Pursuant to Government Code section 54957(b)(1), the Board will provide a performance evaluation for the following public employee positions: (1) County Administrative Officer (2) County Counsel 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: F, H, J, S, U, X, and Y d. Pursuant to Government Code section 54956.9(d)(1), the Board will confer with legal counsel regarding existing litigation: (1) The County of Monterey v. Nova Partners, Inc., et al. (Monterey County Superior Court case no. M96829 (Addded via Addendum)   Action details None
13-0253 2. General Agenda ItemApproval of Consent Calendar-Regular (See Supplemental Sheet)approvedPass Action details None
CR 13-015 3.Tsunamui ResolutionCeremonial ResolutionAdopt Resolution proclaiming the month of March 2013 as “Tsunami Awareness and Preparedness Month” in Monterey County. (Supervisor Armenta)adoptedPass Action details None
CR 13-016 4.Morris ResolutionCeremonial ResolutionAdopt Resolution commending Josephine Morris as the recipient of the National Association for the Advancement of Colored People 2013 President’s Award. (Supervisor Parker)adoptedPass Action details None
CR 13-017 5.Red's Donuts ResolutionCeremonial ResolutionAdopt Resolution commending Red’s Donuts as the recipient of the National Association for the Advancement of Colored People 2013 Tolly and Cleo Martin Spirit Partnership Award. (Supervisor Parker)adoptedPass Action details None
CR 13-018 6.Panetta ResolutionCeremonial ResolutionAdopt Resolution commending Leon E. Panetta for his contribution to the County of Monterey. (Full Board)adoptedPass Action details None
APP 13-041 7.Domestic Violence Coordinating Council - AcostaAppointmentReappoint Darlene Acosta to the Domestic Violence Coordinating Council, term ending January 2, 2015. (Supervisor Salinas)approvedPass Action details None
APP 13-042 8.Military & Veterans Affairs Advisory Commission - TompkinsAppointmentAppoint Hazel Tompkins to the Military & Veterans Affairs Advisory Commission, to fill an unscheduled vacancy, term ending January 1, 2014. (Supervisor Parker)approvedPass Action details None
APP 13-043 9.Mental Health Commission - BarrettAppointmentAppoint Jennifer Barrett to the Mental Health Commission, term ending May 31, 2015. (Supervisor Calcagno)approvedPass Action details None
13-0260 13.Immigration ReformGeneral Agenda ItemReceive a report and recommendation from the Legislative Committee in response to a Board Referral related to possible adoption of a resolution in support of comprehensive immigration reform.approvedPass Action details None
13-0235 13.1CDBG PI Reuse PlanGeneral Agenda ItemOpen and continue a Public Hearing on Monterey County’s Community Development Block Grant (CDBG) Program Income Reuse Plan with Jurisdictional Certifications.continuedPass Action details None
13-0258 14.Murray (California-American Water Company)General Agenda ItemPublic hearing to consider: a. Denying an appeal by Constance Murray from the decision of the Director of Resource Management Agency - Planning approving of a Design Approval to correct a code violation (11CE00134) and to allow the placement of a 20 foot high communication antenna within a water tank easement to serve a California-American Water Company water tank; and b. Finding the project categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301; and c. Approving the Design Approval to correct a code violation (11CE00134) and to allow the placement of a 20 foot high communication antenna within a water tank easement to serve a California-American Water Company water tank; and d. Granting Appellant’s request to waive the appeal fee and authorizing the RMA-Planning Director to refund the appeal fee. (Appeal of a Design Approval - PLN120817 California-American Water Company, 10 Oak Meadow Lane, Carmel Valley, Carmel Valley Master Plan)continuedPass Action details None
13-0245 15. General Agenda ItemConsider the Appeal of the Pebble Beach Company’s Request for Refund of $130,287.67 in Assessed Penalties for Delinquent Transient Occupancy Tax Remittances.approvedPass Action details None
13-0165 16.Monterey County Gang Violence Prevention Strategic PlanGeneral Agenda Itema. Receive a report on the draft Monterey County Gang Violence Prevention: Strategic Plan; b. Consider authorization of community meetings to receive community input on the draft strategic plan; c. Consider approval of funding in the amount of $95,998 from General Fund Contingencies for the Social Policy Research Associates (SPR) proposal to provide facilitation services to develop an integrated gang violence prevention action plan; and d. Consider direction to staff to develop a budget and staffing plan for implementation and coordination of the Gang Violence Prevention Strategic Plan program.approvedPass Action details None
13-0238 17.Elimination of Inland and Coastal OrdinancesGeneral Agenda Itema. Receive a report from the Resource Management Agency-Planning regarding the three possible appropriate authority processing options for lot line adjustment and minor subdivision applications related to the proposed elimination of the County’s Minor and Standard Subdivision Committees; and b. Consider staff’s recommendation to implement Option 1 which establishes the Planning Commission as the appropriate authority for lot line adjustment and minor subdivision applications; and c. Provide direction to staff on the preparation of the ordinances to be considered at a future date. [REF100014 (Inland) and REF120004 (Coastal), Options for Application Processes with the Elimination of the Minor and Standard Subdivision Committees.]continuedPass Action details None
13-0246 18.CDBG Urban County Entitlement AllocationGeneral Agenda Itema. Conduct a continued public hearing from March 12, 2013 to consider the funding allocation recommendations of the Community Development Block Grant (CDBG) Ad Hoc Committee for FY 2013/14. b. Authorize the Director of Economic Development to execute agreements with the grantees.approvedPass Action details None
A 13-024 19.eCare Manage Renewal & Amendment #1BoS AgreementAuthorize the Purchasing Manager for Natividad Medical Center (NMC) to execute Renewal and Amendment No. 1 to the Agreement (A-12169) with eCare Manage Inc. for Strategic and Information Technology Services at NMC, extending the Agreement to December 31, 2013 and adding $1,140,000 for a revised total Agreement amount not to exceed $2,490,000 in the aggregate.approved  Action details None
A 13-030 20.IGT FY 2011-12BoS Agreementa. Approve the Intergovernmental Transfer of Public Funds (“IGT”) between the County of Monterey (“County”) and the California Department of Health Care Services (“State DHCS”), the source of which shall be funds from Natividad Medical Center (“NMC”) and not the County’s General Fund, pursuant to Sections 14164 and 14168.7 of the Welfare & Institutions Code, from NMC to State DHCS to be used as the nonfederal share of supplemental Medi-Cal managed care capitation rate payments to the Monterey-Santa Cruz-Merced Managed Medical Care Commission d/b/a Central California Alliance for Health, for a total amount not to exceed $3,500,000 for healthcare services rendered in Fiscal Year 2011-2012 and transfer to occur in Fiscal Year 2012-2013 or 2013-2014 and; b. Authorize Chief Executive Officer (“CEO”) of NMC to execute the following agreements, in substantially the same form as that which has been presented to the Board, without material change to the amounts at issue, committing for a total amount not to exceed $3,500,000 for healthcare services rendered in Fiscal Year 2011-2012 and for tapproved  Action details None
13-0248 21.FAST BRGeneral Agenda Itema. Approve the establishment of a Monterey County Financial Abuse Specialist Team (FAST); and, b. Authorize the Department of Social Services to oversee implementation of the Monterey County Financial Abuse Specialist Team (FAST) Memorandum of Understanding that incorporates additional members that are not part of the County governance structure.approved  Action details None
13-0242 22. General Agenda ItemRevise the January 29, 2013 Board Order (File # 13-015) to correct the grantor agency, administering agency, and grant program as requested by the Board of State and Community Corrections for the County of Monterey Marijuana Eradication Team (COMMET).approvedPass Action details None
13-0244 23. General Agenda ItemRevise the January 29, 2013 Board Order (File #13-0019) to correct the grantor agency, administering agency, and grant program as requested by the Board of State and Community Corrections for the County of Monterey Narcotics Enforcement Unit (NEUCOM).approvedPass Action details None
A 13-028 24.Contracts/Purchasing Office to Sign Liebert Cassidy Whitmore Amendment No. 3BoS AgreementApprove and authorize the Contracts/Purchasing Officer to sign Amendment #3 to the contract with Liebert Cassidy Whitmore for labor relations consulting and negotiations from July 1, 2012 - September 30, 2013, increasing the amount from $100,000.00 to $250,000.00.approved  Action details None
13-0243 25. General Agenda Itema. Approve and authorize the Auditor-Controller to write off a $83,972.48 Small Business Revolving Loan Fund loan fund to Emmanuel C. Marchica doing business as (dba) Diesel Fitness, Inc. as bad debt; b. Approve and authorize the Auditor-Controller to write off a $72,303.44 Small Business Revolving Loan Fund loan fund to Ernest and Candace Samudio, dba as Italica as bad debt; and c. Approve and authorize the Auditor-Controller to write off a $45,178.30 Small Business Revolving Loan Fund loan fund to Alex Ortiz dba Zitro Elevator Company, Inc. as bad debt.approved  Action details None
RES 13-017 26. BoS ResolutionAdopt Resolution to approve the amendments to the Conflict of Interest Code of the Monterey Peninsula College.adoptedPass Action details None
13-0194 27.Cypress FPD and Carmel Highlands FPD Property Tax TransfersGeneral Agenda ItemAdopt resolutions approving property tax transfers for the proposed annexation of property to the Cypress Fire Protection District and the Carmel Highlands Fire Protection District respectively.approvedPass Action details None
13-0211 28.Carmel Area Wastewater District Zero Property Tax Transfer (Doyle)General Agenda ItemAdopt a Resolution to approve a Zero Property Tax Transfer for the Proposed Annexation of one parcel (Doyle/APN 015-042-023) to the Carmel Area Wastewater District.approvedPass Action details None
13-0237 29.ITD Reorg 2013General Agenda ItemAdopt Resolution to: a. Amend Personnel Policies and Practices Resolution No. 98-394 to create, add, re-title, and align salaries for classifications as indicated in the attached Resolution; b. Amend the Information Technology Budget Unit 1930-INF002, to delete one (1) Data Entry Operator II, one (1) Network Systems Engineer III, one (1) Security Analyst III, two (2) Systems Programmer Analyst III, and one (1) Information Technology Manager; and add two (2) Division Managers, three (3) Information Technology Supervisors, and one (1) Information Technology Project Management Analyst III; c. Amend the Information Technology Budget Unit 1930-INF001, to delete one (1) Telecommunications Technician III, and one (1) Assistant Director of Information Technology; and add one (1) Telecommunications Specialist IV, and one (1) Division Manager; d. Authorize the County Administrative Office to incorporate these changes into the FY 2012-13 Adopted Budget to reflect the change in position counts as described in Attachment A; and e. Authorize the County Administrative Office and the Human RapprovedPass Action details None
13-0249 30.BOS Action Mijnutes 06-06-12; 06-02-12 & 06-26-12General Agenda ItemApprove the Board of Supervisor Action Minutes of Wednesday, June 6, 2012; Tuesday, June 12, 2012 and Tuesday June 26, 2012.approved  Action details None
13-0257 31.Consider Appeals of TOTGeneral Agenda Itema. Approve staff recommendation to amend Section 5.4.130 of the Code to establish “Abuse of Discretion” as the Standard for the Board of Supervisors to Consider Appeals of Taxes, Penalties and Interest for Delinquent Transient Occupancy Tax Remittances; b. Direct Staff to Return Within Four Weeks with Proposed Amendments to the Transient Occupancy Tax Ordinance that Establishes “Abuse of Discretion” as the Standard of Review by the Board of Supervisors for Taxes, Penalties and Interest, and Additional Amendments as May be Recommended by the Treasurer-Tax Collector; and c. Approve recommended interim “De Novo” Standard of Appeal for the procedure set forth in Article 5.40.130 of the County Code related to appeals by operators of transient occupancy taxes, penalties and interest for two current appeals.approved  Action details None
13-0262 32.ACAO Step AdvancementGeneral Agenda ItemAuthorize advance step placement of Mr. Dewayne Woods at Step 4 of the Assistant County Administrative Officer (ACAO) salary range in accordance with Personnel Policies and Practices Resolution (PPPR) No. 98-394, Sections A.1.11.1, A.1.11.5 and A.5.1.approved  Action details None
13-0218 33.Rincon Consultants / San Clemente DamGeneral Agenda Itema. Approve Amendment No. 2 to Funding Agreement No. A-12185 with California-American Water Company where the Base Budget of $58,409.00 is increased by $23,006.00 to $81,415.00, and the Contingency budget of $8,761.35 is increased by $3,450.90 to $12,212.25 with no change to the County fee of $3,170.00, for a total amount not to exceed $96,797.25 to allow funding to Monterey County for costs incurred by Rincon Consultants, Inc. to internally transfer budget funds and include new additional tasks associated with providing support to the Planning Department for the processing of the San Clemente Dam Diversion Project Application (PLN110373) in Carmel Valley and extend the term to December 31, 2013; and b. Authorize the Contracts/Purchasing Officer to execute Amendment No. 2 to Funding Agreement No. A-12185 and future amendments to the Agreement where the amendments do not significantly alter the scope of work or change the approved Agreement amount. (PD060202/Rincon Consultants, Inc. and PLN110373/San Clemente Dam Diversion Project Application in Carmel Valley)approved  Action details None
13-0231 34.Plans Specs Harris Rd Overlay Project 13-142365General Agenda Itema. Adopt Plans and Special Provisions for the Harris Road Overlay, Project No. 13-142365; and b. Authorize the Director of Public Works to advertise the “Notice to Bidders” in the Monterey County Weekly.approved  Action details None
13-0232 35.Adopt Plans & Specs for Castroville Drainage and Road ImprovementsGeneral Agenda Itema. Adopt Plans and Special Provisions for the Castroville Drainage and Road Improvements between Union Street and Poole Street, Project No. 13-142465; and b. Authorize the Director of Public Works to advertise the “Notice to Bidders” in the Monterey County Weekly.approved  Action details None
A 13-034 36.Approve 1st Amendment to EG Drainage Flood ControlBoS Agreementa. Approve and authorize the Chair to execute a First Amendment to the Agreement Concerning Maintenance, Repair, and Operation of Drainage and Flood Control Systems and Required Provisions of CC&Rs by and among the County of Monterey, the Monterey County Water Resources Agency, and UCP East Garrison, LLC, for the East Garrison development on the former Fort Ord; and b. Direct the Director of Public Works to submit the executed First Amendment to the County Recorder for recordation.   Action details None
A 13-037 37.Approve EG First Amendment to the Urban Services AgreementBoS AgreementApprove and authorize the Chair to sign a First Amendment to the Urban Services Agreement by and between the County of Monterey and the East Garrison Community Services District Relating to East Garrison for operation and maintenance of infrastructure at the East Garrison development.   Action details None
A 13-038 38.Approve EG Advance Funding AgreementsBoS Agreementa. Approve and authorize the Chair to sign an Advance Funding Agreement between BMC EG GARDEN, LLC and the County of Monterey for Prevailing Wage Compliance at the East Garrison Project at Fort Ord relating to the provision of funds to cover County costs for monitoring and reporting on prevailing wages obligations; b. Approve and authorize the Chair to sign an Advance Funding Agreement between BMC EG BUNGALOW, LLC and the County of Monterey for Prevailing Wage Compliance at the East Garrison Project at Fort Ord relating to the provision of funds to cover County costs for monitoring and reporting on prevailing wages obligations; and c. Approve and authorize the Chair to sign an Advance Funding Agreement between BMC EG VILLAGE, LLC and the County of Monterey for Prevailing Wage Compliance at the East Garrison Project at Fort Ord relating to the provision of funds to cover County costs for monitoring and reporting on prevailing wages obligations.   Action details None
13-0259 39.Accept as complete portion of EG Subdivision Phase 1General Agenda Itema. Accept as complete a portion of the East Garrison Subdivision Phase 1 Infrastructure Improvements, including off-site road improvements, off-site and on-site drainage improvements, and on-site grading, erosion control, and infrastructure; b. Accept the completed road improvements on Intergarrison Road, Intergarrison Connector Road, and West Camp Street into the County’s maintained road system; and c. Approve the release or reduction of Grading, Faithful Performance, and Labor and Material Bonds related to said improvements in accordance with Government Code section 66499.7 after the passage of time for recording claims or liens.   Action details None