Meeting Name: Board of Supervisors Agenda status: Final-Revised
Meeting date/time: 12/6/2016 9:00 AM Minutes status: Final  
Meeting location:
See separate agendas for the Successor Agency to the Redevelopment Agency of the County of Monterey and the Special Joint Meeting of Board of Supervisors of the Monterey County Water Resources Agency and the Monterey County Water Resources Agency Board of
Published agenda: Agenda Agenda Published minutes: Minutes Minutes  
Agenda packet: None
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CS 16-060 1.BoS 12-06-16 Closed SessionGeneral Agenda ItemClosed Session under Government Code section 54950, relating to the following items: a. 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) Maria Guadalupe Villacana and Elvia Villacana b. Pursuant to Government Code section 54956.9(d)(1), the Board will confer with legal counsel regarding existing litigation: (1) Hernandez, et al. v. County of Monterey, et al., (U.S. District Court Case No. 13-cv-02354-BLF) c. Pursuant to Government Code section 54956.9(d)(2), the Board will confer with legal counsel regarding two matters of significant exposure to litigation. d. Pursuant to Government Code section 54956.8, the Board will confer with real property negotiators: (1) Property: Concession Agreement regarding Mazda Raceway at Laguna Seca Agency Negotiator(s): Dewayne Woods, Assistant County Administrative Officer; Leslie J. Girard, Chief Assistant County Counsel Negotiating Parties: Friends of Laguna Seca Under negotiation: Price and Terms e. Pursuant to Gover   Action details None
16-1349 2. General Agenda ItemApproval of Consent Calendar (See Supplemental Sheet)approvedPass Action details None
CR 16-142 3.Diana M. Kelley Ceremonial ResolutionCeremonial ResolutionAdopt Resolution commending Diana M. Kelley, Supervising Department Information Systems Coordinator, Monterey County Sheriff’s Office upon her Retirement from 38 years of public service. (Full Board)adoptedPass Action details None
CR 16-141 4.Gloria de la Rosa Retirement ResolutionCeremonial ResolutionAdopt Resolution recognizing Gloria De La Rosa upon her retirement from the County of Monterey after 29 years of Public Service. (Full Board)adoptedPass Action details None
APP 16-186 5.Military & Veterans Affairs Advisory Commission - WilliamsAppointmentReappoint Sid Williams to the Military and Veterans Affairs Advisory Commission for a term ending January 1, 2020. (Full Board)approvedPass Action details None
APP 16-187 6.Military & Veterans Affairs Advisory Commission - EstradaAppointmentReappoint Mary Estrada to the Military and Veterans Affairs Advisory Commission for a term ending January 1, 2020. (Full Board)approvedPass Action details None
APP 16-188 7.Military & Veterans Affairs Advisroy Commission - PresserAppointmentReappoint Dan Presser to the Military and Veterans Affairs Advisory Commission for a term ending January 1, 2020. (Full Board)approvedPass Action details None
APP 16-189 8.Area Agency on Aging Advisory Council - MedinaAppointmentAppoint Laura Medina to the Area Agency on Aging Advisory Council for a term ending January 1, 2019. (Full Board)approvedPass Action details None
APP 16-191 9.Workforce Development Board - CushmanAppointmentReappoint Erik Cushman to the Monterey County Workforce Development Board, representing business for a term ending December 6, 2019. (Full Board)approvedPass Action details None
APP 16-190 10.Mental Health Commission - RochaAppointmentReappoint Anthony Rocha to the Mental Health Commission, as an Associate Member for a term ending December 31, 2017. (Supervisor Parker)approvedPass Action details None
APP 16-194 11.Notification of Appointment - Debbie Torres 12-6-16AppointmentAppoint Debbie Torres to the Castroville Cemetery District to fill an unscheduled vacancy ending March 30, 2019. (Supervisor Phillips)approvedPass Action details None
APP 16-193 12.Notification of Appointment - Miskell 12-6-16AppointmentReappoint Dennis Miskell to the North County Recreational & Park District for a term ending November 30, 2020. (Supervisor Phillip­s) (CORRECTED VIA SUPPLEMENTAL)approvedPass Action details None
APP 16-192 13.Notification of Appointment - Cortopassi 12-6-16AppointmentReappoint Paul Cortopassi to the North County Recreation & Park District for a term ending November 30, 2020. (Supervisor Phillips)approvedPass Action details None
APP 16-195 14.Notification of Appointment PayneAppointmentAppoint Michael T. Payne to the Natividad Medical Center Board of Trustees for a term ending June 30, 2018. (Supervisor Parker)approvedPass Action details None
16-1350 15. General Agenda ItemBoard Comments   Action details None
16-1351 16. General Agenda ItemCAO Comments and Referrals   Action details None
16-1352 17. General Agenda ItemGeneral Public Comment   Action details None
16-1323 18.Assemblymember StoneGeneral Agenda ItemReceive an oral report form Assemblymember Mark Stone, Monterey County’s representative for the 29th Assembly District.   Action details None
16-1314 19.REF160036 - 2015 Annual Report Mitigation MonitoringGeneral Agenda ItemPublic hearing to accept adopting a resolution to accept an Annual Report on the status of compliance with Condition of Approval/Mitigation Monitoring and Reporting Plans for all land use projects with mitigation measures approved by the County of Monterey in 2015. (Condition of Approval and Mitigation Monitoring and Reporting Program 2015 Annual Report - REF160036/Countywide)approvedPass Action details None
16-1322 20.Leg and Strategic Grants ProgramGeneral Agenda ItemReceive reports and consider recommendations from the Legislative Committee to: a. Adopt revised Legislative Committee Roles and Responsibilities; b. Adopt the 2017-18 Legislative Program; c. Adopt the 2017 Strategic Grant Services Program; and d. Adopt a Resolution authorizing the submittal of grant applications that do not require the authorization of unbudgeted financial resources.approvedPass Action details None
16-1354 20.1Leg and Grants Annual ReportGeneral Agenda ItemReceive reports from the County’s federal and state legislative advocates and grant consultants regarding legislative and grant activities throughout 2016, and anticipated major legislative issues for the 2017-18 state and federal legislative sessions and grant priorities for the 2017 calendar year. (ADDITIONAL ATTACHMENTS ADDED VIA SUPPLEMENTAL)approvedPass Action details None
16-1315 21.New Williamson Act ContractsGeneral Agenda ItemREF160046 - Williamson Act 2017 Contract Applications Conduct a public hearing to consider and adopt a Resolution to: a. Continue four (4) applications to the 2018 round of applications; b. Approve a total of six (6) contracts to create five (5) Farmland Security Zones (“FSZ”) and FSZ Contracts and establish one (1) Agricultural Preserve (“AgP”) and Land Conservation Contract; c. Authorize the Chair to execute the recommended Farmland Security Zone Contracts and Agricultural Preserve Land Conservation Contract; and d. Direct the Clerk of the Board of Supervisors to record the Farmland Security Zone and Agricultural Preserve Land Conservation Contracts prior to the January 1, 2017 property tax lien date subject to the submittal of recording fees by the property owners of record. (REF160046- Williamson Act 2017 Contract Applications, County-wide)approvedPass Action details None
RES 16-073 22.PLN150149 - Del Monte Forest Area Local Coastal Program Amendment (Policy 20)BoS ResolutionPLN150149 - Del Monte Forest Area Local Coastal Program Amendment (Policy 20) Public hearing to consider a resolution of intent to adopt certain Local Coastal Program (LCP) Amendments for the coastal area of the Del Monte Forest, including the following: a. Amendment to Policy 20 of the Del Monte Forest Area Land Use Plan to modify standards of development within the indigenous Monterey cypress habitat; and b. Corresponding amendments to the text of Section 20.147.040.D.2 of Part 5 of Title 20 (Coastal Implementation Plan) of the Monterey County Code regulating development within the indigenous Monterey cypress habitat within the Del Monte Forest Land Use Plan area. Proposed CEQA Action: Statutorily Exempt per Public Resources Code section 21080.9 and CEQA Guidelines Section 15265 Del Monte Forest Indigenous Monterey Cypress Habitat Area, Pebble Beach, Del Monte ForestadoptedPass Action details None
A 16-360 23.Carefusion Amendment to 2010 Agreement for server buy-outBoS Agreementa. Ratify execution by the former Director of Materials and Purchasing at Natividad Medical Center (NMC) of the Rental Agreement and Support Agreement (rental agreement) with Carefusion Solutions, LLC dated September 13, 2010, for the leasing of pharmaceutical supply automation inventory management dispensing machines at NMC for a five (5) year period through September 12, 2015 and thereafter reverting to a month to month basis. b. Authorize the Deputy Purchasing Agent for NMC or his delegate to execute an Amendment to the September 13, 2010 rental agreement with Carefusion Solutions, LLC, including an Amendment to the Customer Order form associated with the rental agreement, for the buy-out of the last data server on-site at NMC associated with the agreement, for a total cost of $675.00.approvedPass Action details None
A 16-358 24.Three Rivers Provider network AgreementBoS AgreementAuthorize the Chief Executive Officer of Natividad Medical Center (NMC) to execute the Three Rivers Provider Network Agreement (“Agreement”) designating NMC as an in-network provider of health care services for the term of December 1, 2016 through November 30, 2017, automatically renewable for continuous periods of one year and terminable without cause at any time with ninety (90) days prior written notice.approvedPass Action details None
A 16-359 25.Network by Design AgreementBoS AgreementAuthorize the Chief Executive Officer of Natividad Medical Center (NMC) to execute the Networks by Design Agreement (“Agreement”) designating NMC as an in-network provider of health care services for the term of December 1, 2016 through November 30, 2017, automatically renewable for continuous periods of one year and terminable without cause at any time with one hundred twenty (120) days prior written notice.approvedPass Action details None
A 16-365 26.MOU Greenfield Union School DistrictBoS Agreementa. Accept and approve the use of the standard Memorandum of Understanding (“MOU”) template for Fiscal Year (FY) 2016-17 for the provision of therapeutic services by County of Monterey to Greenfield Union School District; b. Authorize the Director of Health or Assistant Director of Health to execute the MOU in the total amount of $40,200 for the term October 10, 2016 - June 30, 2017; and c. Authorize the Director of Health or Assistant Director of Health to execute up to three future amendments to the MOU that do not significantly alter the scope of work.approvedPass Action details None
A 16-368 27.Monterey Bay Guest Home AgreementBoS Agreementa. Approve and authorize the Director of Health or Assistant Director of Health to execute a new three (3) year Mental Health Services Agreement with Emmanuel Inneh dba Monterey Bay Guest Home II in Salinas, CA for the provision of board and care services for Monterey County adult residents with severe psychiatric disabilities in the amount of $181,800 for Fiscal Year (FY) 2016-17, $219,000 for FY 2017-18, and $219,000 for FY 2018-19, for a total Agreement amount not to exceed $619,800 retroactive to September 1, 2016 through June 30, 2019; and b. Approve and authorize the Director of Health or Assistant Director of Health to approve up to three (3) future amendments that do not exceed ten percent (10%) ($61,980) of the original Agreement amount and do not significantly alter the scope of services.approvedPass Action details None
16-1340 28.Agreement between Garden of Memories CemeteryGeneral Agenda ItemApprove and Authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to execute the Renewal of and Amendment No. 2 to an agreement with Garden of Memories Cemetery for cremation of deceased indigent persons, retroactively extending from June 30, 2016 through and to June 30, 2018, and adding $30,000 to the agreement, for a total cost of $55,000.approvedPass Action details None
16-1327 29. General Agenda Itema. Approve and authorize the Contracts/Purchasing Officer or the Contracts/Purchasing Supervisor to sign a three year Professional Services Agreement with TelMate, Inc., based on County’s Request for Proposals (RFP) No. 10537-Providing Inmate/Ward Telephone Services for the Monterey County Sheriff’s Office and Probation Department; and b. Authorize the Contracts/Purchasing Officer or the Contracts/Purchasing Supervisor to execute up to two (2) additional one-year extensions where the extensions do not significantly change the scope of services.approvedPass Action details None
16-1335 30.Tax entity agreement with CIty of SoledadGeneral Agenda ItemApprove the execution of an Agreement for Taxing Entity Compensation with the City of Soledad, pursuant to Health and Safety code section 34180(f).approvedPass Action details None
16-1274 31. General Agenda ItemAdopt a Resolution to revise and approve amendments to the Conflict of Interest Code of the Salinas Valley Memorial Healthcare System.approvedPass Action details None
16-1309 32. General Agenda Itema. Approve Amendment No. 1 to the Agreement with California Coastal Rural Development Corporation to manage the day-to-day operation of the County’s Small Business Revolving Loan Fund in order to extend the term from the existing end date of December 31, 2016 to June 30, 2017; and, b. Authorize the Director of the Economic Development Department to execute the Amendment.approvedPass Action details None
16-1260 33.Contract with MCFL and Library IdeasGeneral Agenda Itema. Approve and authorize the Library Director to execute a non-standard Professional Services Agreement with Library Ideas, Inc., in the amount of $14,317.00, for a period of one year, for the period retroactive to April 25, 2016 through April 24, 2017, for Library patron access to digital music, movies and other media services; b. Approve non-standard provisions as recommended by the Library Director.approvedPass Action details None
MIN 16-078 34.Draft Action Meeting Minutes of the MCBOS: 10-25-2016 and 10-30-2016MinutesApprove the Monterey County Board of Supervisors Action Meeting Minutes for the following meeting dates: Tuesday, August 30, 2016 and Tuesday, October 25, 2016.approvedPass Action details None
16-1325 35.Michael Baker International AgreementGeneral Agenda Itema. Approve Amendment No. 4 to the non-standard agreement with Michael Baker International, Inc., adding $30,000 for a maximum contract amount of $130,000, for continued assistance to the Economic Development Department with administration of housing programs; b. Approve, retroactively, non-standard indemnification provisions as recommended by the Director of the Economic Development Department; c. Authorize the Director of the Economic Development Department or the Contracts/Purchasing Officer to execute Amendment No. 4; and d. Authorize the Director of the Economic Development Department or the Contracts/Purchasing Officer to execute up to two (2) additional amendments to the agreement, subject to County Counsel review, where each amendment adds a maximum of $25,000 to the contract amount, extends the contract period by a maximum of 90 additional days, and does not significantly alter the scope of work.approvedPass Action details None
16-1208 36.MCFL Prunedale Library LeaseGeneral Agenda Itema. Approve and authorize the Contracts/Purchasing Officer to execute a five (5) year Lease Agreement with Moffett Creek Ranch Partnership for 7,200 square feet of space located at 17822 Moro Road, Prunedale, California, for use by the Monterey County Free Libraries, Prunedale Branch; b. Direct the Auditor-Controller to make lease payments of $4,677.12 per month, effective July 1, 2016, and in accordance with the terms of Article 4 - Annual Rent Adjustment of the Lease Agreement; and c. Authorize the optional extension of the Lease Agreement for two (2) additional five (5) year terms under the same terms and conditions, and minor revisions to the Lease Agreement if deemed to be in the best interest of the County by the Contracts/Purchasing Officer.approved  Action details None
16-1341 37.Referral No. 2016-03 - Tax Reporting RequirementsGeneral Agenda ItemReceive a response from the County Counsel’s Office with reference to Referral No. 2016.03 - Classification of Commissioners as Employeesreceived and filedPass Action details None
16-1348 38.Leg Min. 5/16, 8/26 and 10/10General Agenda ItemReceive the action minutes from the Legislative Committee meetings on May 16, August 26, and October 10, 2016.approvedPass Action details None
RES 16-083 38.12016 Winter Recess County ClosureBoS ResolutionAdopt a Resolution to approve closure of selected County departments and/or divisions for the winter holiday from December 27, 2016 through December 30, 2016 and for this purpose only, waive Ordinance No. 766, fixing the days and hours of operation of County offices.adoptedPass Action details None
RES 16-085 38.2Emergency Proc - Hwy 68/Laureles GradeBoS ResolutionAdopt a Resolution to: a. Ratify and extend the County Administrative Officer’s Proclamation of a Local Emergency to repair a storm damaged drainage channel located north of the State Highway 68 and Laureles Grade intersection within Monterey County; and, b. Find the repair work statutorily exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15269(c) for emergency projects (4/5th vote required). (ADDED VIA ADDENDUM)adoptedPass Action details None
ORD 16-027 38.3Mont. County Ord add Chapt. 7.02 to Mont. County CodeOrdinancePublic hearing to: a. Introduce, waive reading, and consider an ordinance adding Chapter 7.02 to the Monterey County Code to require annual business licenses for commercial cannabis business operations in unincorporated areas of Monterey County; and b. Set December 13, 2016 at 10:30 a.m. as date and time to adopt the ordinance adding Chapter 7.02 for business license requirements. (ADDED VIA ADDENDUM)approvedPass Action details None
16-1313 39.PLN100138 - PBC Area BCGeneral Agenda ItemPLN100138 - Pebble Beach Company Concept Plan a. Approve a Parcel Map for a minor subdivision to divide a 58.22 acre parcel (Areas B and C) into a parcel for a parking facility (Lot 1: 4.873 acres), two preservation parcels totaling 48.493 acres (Parcel A: 19.459 acres and Parcel B: 29.034 acres), and a road and utility parcel (Parcel C: 4.855 acres); b. Accept the Conservation and Scenic Easement Deed; c. Authorize the Chair to execute the Conservation and Scenic Easement Deed; and d. Direct the Clerk of the Board to submit the Parcel Map, and the Conservation and Scenic Easement Deed, to the County Recorder for recording, subject to the collection of the applicable recording fees. Proposed CEQA Action: Statutorily Exempt per CEQA Guidelines Section 15268(b)(3). (Parcel Map and Conservation and Scenic Easement Deed - Area BC, Del Monte Forest Land Use Plan).   Action details None
16-1316 40.City of Salinas/County of Monterey MOUGeneral Agenda ItemReceive an update on implementation of the City of Salinas/County of Monterey Memorandum of Understanding regarding mutual planning and implementation of government services and facilities in Downtown Salinas.approvedPass Action details None
A 16-369 41.PSA DD&A for Carmel River LagoonBoS Agreementa. Approve Amendment No. 5 to Professional Services Agreement No. A-12442 with Denise Duffy & Associates, Inc. to continue to provide services associated with completion of an Environmental Impact Report (EIR) for projects located in the Carmel River Lagoon Area and Carmel River Lagoon Restoration and Management Plan (Request for Proposals No. 2012-CRL-1) for Phases 1 and 2 to extend the expiration date from December 31, 2016 for eighteen (18) additional months through June 30, 2018, for a revised term from April 23, 2013 to June 30, 2018 with no change to the Agreement’s not to exceed total amount of $824,554; and b. Authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to execute Amendment No. 5 to Professional Services Agreement No. A-12442; and c. Authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to execute future amendments to Professional Services Agreement No. A-12442 to extend the term beyond the original term authorized in Request for Proposals No. 2012-CRL-1 where the amendments do not significantly alter the scope of workapprovedPass Action details None
RES 16-075 42.Resolution for New Jail Housing AdditionBoS ResolutionAdopt a Resolution: a. Approving the Working Drawings (Plans and Specifications) for the Jail Housing Addition Project No. 8819, Bid Package No.10568 (Project), and authorize advertising for bid; b. Authorizing submittal of the approved Working Drawings (Plans and Specifications) to the Board of State and Community Corrections for State approval of Working Drawings and Proceed to Bid; c. Authorizing the Resource Management Agency Interim Deputy Director of Public Works and Facilities, upon obtaining State approval to Proceed to Bid, to advertise for bids and issue the Working Drawings (Plans and Specifications) to the Contractors to Bid on the Construction Contract for the Jail Housing Addition, Project No. 8819; and d. Authorizing and directing the County Administrative Officer, Resource Management Agency Director, and Monterey County Sheriff to take such other further actions as may be necessary or appropriate to move the Project to construction to meet State milestone requirements as defined under the AB 900 Phase II Financing Program.adoptedPass Action details None
16-1326 43.Amendment 3 with Granite Contruction and OthersGeneral Agenda Itema. Approve Amendment No. 3 to Standard Agreement No. A-13019 with Granite Construction Company to continue to provide fully operated, fueled and maintained construction equipment to work sites on an on-call basis to: update the rate schedule; increase the not to exceed amount of $150,000 by $100,000 for a total amount not to exceed $250,000; and extend the expiration date from December 31, 2016 for two (2) additional years through December 31, 2018, for a revised term from January 13, 2014 to December 31, 2018; and b. Approve Amendment No. 3 to Standard Agreement No. A-13018 with Granite Rock Company to continue to provide fully operated, fueled and maintained construction equipment to work sites on an on-call basis to: update the rate schedule; increase the not to exceed amount of $150,000 by $100,000 for a total amount not to exceed $250,000; and extend the expiration date from December 31, 2016 for two (2) additional years through December 31, 2018, for a revised term from January 13, 2014 to December 31, 2018; and c. Approve Amendment No. 3 to Standard Agreement No. A-13017 with approvedPass Action details None