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CS 12-045
| 1. | Closed Session BoS 10-23-12 | Closed Session | Closed 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) Martin Sanchez, et al. v. Jack Robert Hudson, et al., and related cross-actions (Monterey County Superior Court case no. M108880)
(2) County of Monterey v. California-American Water Company (San Francisco Superior Court case no. CGC-12-521875
(3) Application of California-American Water Company (U210W) for Approval of the Monterey Peninsula Water Supply Project: Application 12-04-019
b. Pursuant to Government Code section 54956.9(b), the Board will confer with legal counsel regarding one matter of significant exposure to litigation.
c. Pursuant to Government Code section 54957.6, the Board will confer with labor negotiators:
(1) Designated representatives: Kimberley Moore and Brette Neal
Employee Organization(s): Units H and S
d. Pursuant to Government Code section 54957, the Board will confer regarding discipline, dismissal, or release of a public employe | | |
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12-988
| 2. | | General Agenda Item | Approval of the Consent Calendar - Regular (See Supplemental Sheet) | approved | Pass |
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CR 12-088
| 3. | Dean Flippo Resolution Community Partnership for Youth | Ceremonial Resolution | Adopt Resolution honoring Dean Flippo on his selection by Community Partnership for Youth as a community leader who is making a difference in the lives of the youth. (Supervisor Parker) | adopted | Pass |
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CR 12-089
| 4. | Martha Henry Resolution Community Partnership for Youth | Ceremonial Resolution | Adopt Resolution honoring Martha Henry on her selection by Community Partnership for Youth as a community leader who is making a difference in the lives of the youth. (Supervisor Parker) | adopted | Pass |
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CR 12-090
| 5. | Julianne Leavy Resolution Community Parthership for Youth | Ceremonial Resolution | Adopt Resolution honoring Julianne Leavy on her selection by Community Partnership for Youth as a community leader who is making a difference in the lives of the youth. (Supervisor Parker) | adopted | Pass |
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CR 12-091
| 6. | David Maradei Resolution Community Partnership for Youth | Ceremonial Resolution | Adopt Resolution honoring David Maradei on his selection by Community Partnership for Youth as a community leader who is making a difference in the lives of the youth. (Supervisor Parker) | adopted | Pass |
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CR 12-092
| 7. | Taffra Mayo Purnsley Resolution Community Partnership for Youth | Ceremonial Resolution | Adopt Resolution honoring Taffra Mayo Purnsley on her selection by Community Partnership for Youth as a community leader who is making a difference in the lives of the youth. (Supervisor Parker) | adopted | Pass |
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CR 12-096
| 8. | Claudia Ward Resolution Veteran | Ceremonial Resolution | Adopt Resolution honoring Claudia Ward as one of Monterey County Military and Veterans Services Advisory Commission’s 2012“Veteran’s of the Year”. (Supervisor Potter) | adopted | Pass |
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CR 12-097
| 9. | Byron Hoffman Resolution Veterans | Ceremonial Resolution | Adopt Resolution honoring Byron Hoffman as one of Monterey County Military and Veterans Services Advisory Commission’s 2012 “Veteran’s of the Year”. (Supervisor Potter) | adopted | Pass |
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CR 12-098
| 10. | Sharon Distance Resolution | Ceremonial Resolution | Adopt Resolution commending Sharon M. Distance, Senior Secretary to the Department of Public Works, for her dedicated service of over thirteen years to the County of Monterey. (Supervisor Potter) | adopted | Pass |
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CR 12-094
| 11. | John Wesley Tomkinson Resolution - Veteran | Ceremonial Resolution | Adopt Resolution honoring John Wesley Tomkinson as a Monterey County Military and Veterans Services Advisory Commission’s “Veteran of the Year” for 2012. (Supervisor Parker) | adopted | Pass |
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CR 12-093
| 12. | Michael O'Brien | Ceremonial Resolution | Adopt Resolution Honoring Michael A. O’Brien as a Monterey County Military and Veterans Services Advisory Commission’s “Veteran of the Year” for 2012. (Supervisor Parker) | adopted | Pass |
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CR 12-095
| 13. | Juan Danny Jose Resolution Veteran | Ceremonial Resolution | Adopt Resolution Honoring Juan “Danny” Jose as a Monterey County Military and Veterans Services Advisory Commission’s “Veteran of the Year” 2012. (Supervisor Parker) | adopted | Pass |
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CR 12-099
| 14. | James Nunn Resolution Veterans | Ceremonial Resolution | Adopt Resolution recognizing James P. Nunn on behalf of the Monterey County Veterans Services Advisory Commission. (Supervisor Armenta) | adopted | Pass |
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CR 12-100
| 15. | Carl W. Triplett Veterans Resolution | Ceremonial Resolution | Adopt Resolution recognizing Carl W. Triplett on behalf of the Monterey county veterans Services Advisory Commission. (Supervisor Armenta) | adopted | Pass |
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CR 12-101
| 16. | Karl Karl Veterans Resolution | Ceremonial Resolution | Adopt Resolution honoring Karl Karl upon being selected as one of the Monterey County Military and Veterans Services Advisory Commission’s “Veteran of the Year” for the year 2012. (Supervisor Calcagno) | adopted | Pass |
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CR 12-102
| 17. | Ellkhorn Slough Foundation Resolution | Ceremonial Resolution | Adopt Resolution honoring Elkhorn Slough Foundation on the occasion of their 30th Anniversary. (Supervisor Calcagno) | adopted | Pass |
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CR 12-103
| 17.1 | John Kistinger Veteran Resolution | Ceremonial Resolution | Adopt Resolution honoring Dr. John W. Kistinger on his selection as Monterey County Military and Veterans Services Advisory Commission’s 2012 Veteran of the Year. (Supervisor Salinas) | adopted | Pass |
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CR 12-104
| 17.2 | Robert Lockwood Veteran Resolution | Ceremonial Resolution | Adopt Resolution honoring Robert Lockwood on his selection as Monterey County Military and Veterans Services Advisory Commission’s 2012 Veteran of the Year. (Supervisor Salinas) | adopted | Pass |
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RES 13-036
| 17.3 | Adopt Resolution honoring undisclosed recipient - Papa Vince Award | BoS Resolution | Adopt Resolution honoring Eric Groner of InterContinential The Clement Monterey upon being named recipient of the 2012 Monterey County Hospitality Association Papa Vince Award. | adopted | Pass |
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APP 12-084
| 18. | Notification to the Clerk | Appointment | Appoint Samantha Harrison, Joanne Webster and Alan Crawford to the Monterey County Workforce Investment Board, terms ending October 23, 2014. (Full Board) | approved | Pass |
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APP 12-085
| 19. | Notification to the Clerk | Appointment | Appoint Dr. Willard Clark Lewallen to the Monterey County Workforce Investment Board to fill unscheduled vacancy, term ending February 14, 2015. (Full Board) | approved | Pass |
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APP 12-086
| 20. | Notification to the Clerk | Appointment | Appoint Todd Farr to the Youth Council Workforce Investment Board to fill unscheduled vacancy, term ending February 14, 2014. (Full Board) | approved | Pass |
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APP 12-087
| 21. | Notification to the Clerk | Appointment | Appoint Wendy Crawford to the Monterey County Workforce Investment Board to fill unscheduled vacancy, term ending May 25, 2013. (Full Board) | approved | Pass |
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APP 12-088
| 22. | Notification to the Clerk | Appointment | Appoint Deidre Sullivan to the Water Resources Agency Board of Directors to fill unscheduled vacancy, term ending December 31, 2013. (Supervisor Parker) REVISED VIA SUPPLEMENTAL | approved | Pass |
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12-993
| 27. | Mozingo (Powell) | General Agenda Item | Public hearing to consider:
a. Denial of the appeal by Glen R. Mozingo from the Zoning Administrator’s approval of an application by the Estate of William Dan Powell for an amendment to a Coastal Administrative Permit (PLN110366/Powell) to allow the development of a test well and authorize the construction and use of the well for testing to establish a water source in a new location from the location that was previously approved;
b. Approval of the amendment to a Coastal Administrative Permit (PLN110366/Powell) to allow the development of a test well and authorize the construction and use of the well for testing to establish a water source;
c. Denial of the appeal by Glen R. Mozingo from the Zoning Administrator’s approval of an application by the Estate of William Dan Powell for a Coastal Administrative Permit (PLN110367/Powell) to allow the conversion of the test well (previously approved under PLN070074 and amended under PLN110366) to a domestic production well; and
d. Approval of a Coastal Administrative Permit (PLN110367/Powell) to allow the conversion of the test we | continued | Pass |
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12-998
| 28. | Williamson Act - Non-Renewal 2013 | General Agenda Item | Receive an oral report to consider County initiated Notice of Non-Renewal of a portion of Williamson Act Land Conservation Contract No. 69-017 effective January 1, 2013.
(PLN120564 - County initiated Notices of Non-Renewal 2013 - Portion of Williamson Act Agricultural Preserve Land Conservation Contract No. 69-017, South County Area Plan) | approved | Pass |
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12-1003
| 28.1 | Via Care LIHP | General Agenda Item | Receive an update oral report on “Via Care,” Monterey County’s contemplated Low Income Health Plan (LIHP) from the Director of Health and the CEO of Natividad Medical Center (NMC). | continued | Pass |
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A 12-188
| 29. | UCSF First Amendment (NICU) | BoS Agreement | Authorize the Purchasing Manager for Natividad Medical Center (NMC) to execute the First Amendment to the Professional Services Agreement (A-11514) between The Regents of the University of California, a California Constitution corporation, on behalf of the University of California, San Francisco, School of Medicine, Department of Pediatrics (“UCSF”), and Natividad Medical Center (“NMC”) to provide Neonatology Services at NMC, extending the term Agreement to October 31, 2013, for a total amount not to exceed $1,050,000 (no change from the previously approved amount) in the aggregate. | approved | |
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12-926
| 30. | Reallocate PSW II | General Agenda Item | a. Amend FY 2012-2013 Health Department Budget 4000, HEA012-8410 to reallocate 1.0 FTE Behavioral Health Aide to 1.0 FTE Psychiatric Social Worker II; and
b. Direct the County Administrative Office to incorporate the approved change in the FY 2012-13 Adopted Budget. | approved | |
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A 12-187
| 31. | Amend. No.2 Unified Franchise Agreement | BoS Agreement | a. Adopt 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 | Pass |
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12-966
| 32. | Health Officer Appointment | General Agenda Item | Approve appointment of Lisa B. Hernandez, M.D., M.P.H., to the position of Health Officer at an annual salary of $190,686, effective November 3, 2012. | approved | |
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RES 12-0098
| 33. | | BoS Resolution | Adopt Resolution to:
a. Approve the transfer of the administrative organizational reporting structure of the Office for Employment Training from the Department of Social and Employment Services to the Economic Development Department;
b. Amend Personnel Policies and Practices Resolution No. 98-394 to re-title the classification of Economic Development/WIB Director to Economic Development Director and amend Section A.10.1 Department Heads Designated as indicated in Attachment A;
c. Approve the re-titling of the Department of Social and Employment Services to the Department of Social Services; and
d. Authorize the County Administrative Officer and Auditor Controller to take the necessary action to program the Advantage system to implement these actions including the transfer of positions, appropriations and units as well as the accounting structure and levels of the appropriation control effective July 1, 2013 (4/5ths vote required). (CONTINUED VIA ADDITIONS AND CORRECTIONS TO OCTOBER 23, 2013) | continued | Pass |
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12-948
| 34. | CGJ Fiscal year term Board Rpt | General Agenda Item | a. Authorize the term of the Monterey County Civil Grand Jury to be on a fiscal year basis commencing July 1, 2013;
b. Request the Monterey County Superior Court to convene a new Civil Grand Jury for the term July 1, 2013 - June 30, 2014;
c. Extend the term of the 2012 Civil Grand Jury for one month, to end January 31, 2013; and
d. Request the Monterey County Superior Court to discharge the 2012 Civil Grand Jury no earlier than February 1, 2013. | approved | Pass |
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12-977
| 35. | Pebble Beach Company's Appeal of Tax Penalty | General Agenda Item | Continue the date and time for Hearing the Pebble Beach Company’s Appeal of Transient Occupancy Tax Late Payment Penalty from November 6, 2012, to a date and time to be determined and set in 2013. | approved | |
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12-962
| 36. | Treasurer's Report of Investments Sept 30, 2012 | General Agenda Item | Receive and Accept the Treasurer’s Report of Investments for the quarter ending September 30, 2012. | approved | |
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12-967
| 37. | | General Agenda Item | Appoint nominees to governing boards of various districts that have insufficient nominees to cause an election on November 6, 2012. | approved | |
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12-968
| 38. | BERTHOLF INC PSAC AGREEMENT 2012-2014 | General Agenda Item | Approve and authorize Assessor to enter into a Two Year Agreement on Behalf of Monterey County for a Petroleum and Geothermal Property Sales Study between California Assessor's Association Members and Harold W. Bertholf, Inc. | approved | |
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12-989
| 39. | Management Extension | General Agenda Item | a. Approve a one-year extension on the Management Agreement between Monterey County and Urban Park Concessionaires, doing business locally as “Monterey Lakes Recreation Company”, at Monterey County Parks lake resort operations, extending the current term through October 31, 2013;
b. Authorize the Chair of the Monterey County Board of Supervisors to sign the Addendum No. 1 to the Agreement; and
c. Authorize the Chair of the Monterey County Water Resources Agency Board to sign the Addendum No. 1 to the Agreement on behalf of the Water Resources Agency. | approved | |
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A 12-199
| 39.1 | Approve ASCE request for peer review | BoS Agreement | a. Approve a request for the American Society of Civil Engineers to conduct a Peer Review for the Resource Management Agency ; and
b. Authorize the Resource Management Agency Director to execute the American Society of Civil Engineers Peer Review Letter Agreement. | approved | |
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12-974
| 40. | Benchmark Land Use Group | General Agenda Item | a. Approve Amendment No. 1 to Professional Services Agreement No. A-11561 with Benchmark Land Use Group, Inc. (d.b.a. Benchmark Resources) to continue to provide tasks associated with State of California Surface Mining and Reclamation Act (SMARA) annual inspections and assistance with the Office of Mine Reclamation’s (OMR) Lead Agency Review Team (LART) report for the County of Monterey Resource Management Agency - Planning Department, in the amount of $46,773.50 for a total amount not to exceed $175,473.50 and extend the term to November 3, 2013; and
b. Authorize the Contracts/Purchasing Officer to execute Amendment No. 1 to Professional Services Agreement No. A-11561 and future amendments to the Agreement where the amendments do not significantly alter the scope of work or change the approved Agreement amount.
Permit Type: PD060230/Contract and PD090745/SMARA State of California Surface Mining and Reclamation Act (SMARA) annual inspections (Request for Proposal No. 10209) | approved | |
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12-995
| 41. | Carmel Properties Company | General Agenda Item | Adopt resolution finding that a public convenience would be served by the issuance of a Type 20 (Off-Sale Beer and Wine) license by the Department of Alcoholic Beverage Control (ABC) to Peninsula Petroleum, LLC at 7 Carmel Center Place, Carmel for the sale of beer and wine for off-site consumption, pursuant to Section 23958.4 of the Business and Professions Code.
(PLN120569/ Peninsula Petroleum, LLC, 7 Carmel Center Place, Carmel, Carmel Valley Master Plan. | continued | Pass |
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12-1002
| 41.1 | CRE LJ CA LLC | General Agenda Item | a. Rescinding prior Board Resolution No. 06-206 approving an amendment to the Conservation and Scenic Easement Deed and Final Map Dedication for Phase IV of the Monterra Ranch Subdivision recorded as Volume 22, Cities and Towns, at Page 38, as adopted on May 16, 2006;
b. Adopting a Resolution approving the amendment to the Conservation and Scenic Easement Deed and Final Map Dedications for Canada Woods North, Phase II, recorded at Volume 22, Cities and Towns, at Page 8;
c. Authorizing the Chair of the Board to execute the amendment to the Conservation and Scenic Easement Deed and Final Map Dedications for Canada Woods North, Phase II, recorded as Volume 22, Cities and Towns, at Page 8; and
d. Directing the Clerk of the Board to submit the amendment to the Conservation and Scenic Easement Deed and Final Map Dedications to the County Recorder for recordation.
(Conservation & Scenic Easement - PLN030068/CRE LJ CA LLC, Greater Monterey Peninsula Area Plan) | approved | Pass |
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12-950
| 42. | Toro Area Wastewater Feasibility Study | General Agenda Item | a. Receive a report on Board Referral No. 2012.05 regarding a feasibility study of various alternatives for wastewater treatment for the Toro Community; and
b. Approve the recommendation to conduct the feasibility study. | approved | |
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12-951
| 43. | Retrofit 9 Gasoline Storage Tanks | General Agenda Item | a. Receive a report on Monterey Bay Unified Air Pollution Control District enhanced vapor recovery upgrade requirements for Standing Loss Control Retrofits; and
b. Approve retrofitting nine aboveground gasoline storage tanks in order to conform to California Air Resources Board Executive Order VR-301 by April 1, 2013. | approved | |
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RES 12-0104
| 44. | NOC MPE AG Commisioner Addition Renovation | BoS Resolution | Adopt a Resolution:
a. Accepting the Certificate of Completion for construction of the County of Monterey, Project 8810 Bid 10301 Agricultural Commissioner’s Addition and Renovation, 1428 Abbott Street, Salinas CA, Earthwork Component, performed by Monterey Peninsula Engineering; and
b. Authorizing the Director of Public Works to execute and record the Notice of Completion for the County of Monterey, Project 8810 Bid 10301 Agricultural Commissioner’s Addition and Renovation, 1428 Abbott Street, Salinas CA, Earthwork Component, performed by Monterey Peninsula Engineering. | adopted | Pass |
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ORD 12-028
| 45. | Introduce ORD PW Employment Construction Contracts | Ordinance | Introduce, waive the reading, and set December 11, 2012, at 10:30 a.m. as the date and time to consider adoption of an ordinance amending the Monterey County Code, Title 5, Section 5.08.120 as presented by the Resource Management Agency - Public Works in response to Board Referral 2011.07 regarding the local hiring process for County construction contracts. | approved | |
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