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CS 23-001
| 1. | BoS 01-10-2023 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)(2), the Board will confer with legal counsel regarding two matters of significant exposure to litigation.
b. Pursuant to Government Code sections 54956.9(d)(2) and 54956.9(d)(4), the Board will confer with legal counsel regarding one matter of significant exposure to litigation and/or potential initiation of litigation.
c. Pursuant to Government Code section 54956.9(d)(1), the Board will confer with legal counsel regarding existing litigation:
(1) Z.S. and M.S., minors by and through their Guardian Ad Litem Geraldine Sumagang, et al. v. County of Monterey, et al. (U.S. District Court for the Northern District of California Case No. 5:22-cv-04164-NC)
(2) Jane DOE #2 v. County of Monterey, et al. (Monterey County Superior Court Case No. 22CV003323)
d. Pursuant to Government Code section 54956.9(d)(4), the Board will confer with legal counsel regarding one matter of potential initiation of litigation.
e. Pursuant to Government Code section 54956.8, | | |
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23-010
| 2. | | General Agenda Item | Swearing in ceremony for District 2 Supervisor Elect, Glenn Church and District 3 Supervisor Elect, Chris Lopez:
a. Comments by both Supervisors sworn in
b. Comments by other Supervisors | | |
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23-011
| 3. | | General Agenda Item | Nominate and elect members of the Monterey County Board of Supervisors to serve as 2023 Chair and Vice Chair | | |
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23-012
| 4. | | General Agenda Item | Presentation of plaque to outgoing Chair Mary L. Adams:
a. Comments by outgoing Chair
b. Comments by other Supervisors
c. Comments by incoming Chair
d. Comments by other Supervisors | | |
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OBM 22-182
| 5. | CAO Comments | Other Board Matters | County Administrative Officer Comments | | |
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OBM 22-181
| 6. | Gen Public Comment | Other Board Matters | General Public Comments | | |
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APP 23-001
| 7. | | Appointment | Appoint Bonnie Adcox to the East Garrison Community Services District to fill an unexpired term ending on January 31, 2025. (Nominated By District 4, Supervisor Askew) | | |
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APP 23-003
| 8. | | Appointment | Reappoint Javier Zamora to the Pajaro Water Management Agency with a term ending on December 1, 2024. (Nominated By District 2) | | |
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APP 23-004
| 9. | | Appointment | Appoint Casey Van Den Heuvel to the Monterey County Workforce Development Board as Business Organization Representative to fill an unexpired term ending on September 1, 2025. (Nominated By Monterey County Workforce Development Board) | | |
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APP 23-005
| 10. | | Appointment | Appoint Efrain Aguilera to the Monterey County Workforce Development as a Business Organization Representative with a term ending on January 10, 2026. (Nominated By Monterey County Workforce Development) | | |
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APP 23-006
| 11. | | Appointment | Appoint Allen King to the South Monterey County Fire Protection District as a Primary Representative to fill an unexpired term ending on December 31, 2025. (Nominated By District 3, Supervisor Lopez) | | |
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OBM 22-180
| 12. | See Supplemental Sheet | Other Board Matters | See Supplemental Sheet | | |
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RES 23-006
| 12.1 | adopt a resolution to ratify the Proclamation of Local Emergency | BoS Resolution | a. It is recommended that the Board of Supervisors adopt a resolution to ratify the Proclamation 1of Local Emergency issued by the County Administrative Officer on January 4, 2023, related to the Winter Storm and Atmospheric River Event that started on December 26, 2022 causing damage to public infrastructure and private property throughout Monterey County including, the Carmel River, Carmel River Lagoon, Salinas River and Salinas River Lagoon and the Pajaro River, thereby causing conditions of extreme peril to the safety of persons and property nearby. (4/5ths vote required)
b. Receive a verbal report on status of storm preparations., storm response, and impacts; and,
c. Provide direction to staff as appropriate. (ADDED VIA ADDENDA) | | |
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22-1203
| 13. | | General Agenda Item | a. Consider adoption of the 2023-24 Legislative Program;
b. Consider adoption of the 2023 Legislative Workshop Agenda;
c. Consider adoption of the 2023 Strategic Grant Services Program;
d. Receive an annual report from Ballard Spahr LLP, the County’s federal legislative advocate;
e. Receive an annual report from Nossaman LLP, the County’s state legislative advocate;
f. Receive an annual report from Nossaman LLP, the County’s grant consultant; and
g. Provide direction to staff. | | |
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22-1196
| 14. | REF220020/REF220017/REF220018/General Plan Housing Element Sixth Cycle Update | General Agenda Item | REF220020/REF220017/REF220018/General Plan Housing Element Sixth Cycle Update
a. Receive a presentation on the General Plan Housing Element Sixth Cycle Update (2024-31), Safety Element Update, and new Environmental Justice Element.
b. Consider the Draft General Plan Elements Updates Community Engagement Plan; and
c. Provide direction to staff.
Project Location: Unincorporated County of Monterey
Proposed CEQA Action: Statutory Exemption pursuant to Section 15262 of the CEQA | | |
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23-002
| 15. | Report regarding AB 2449 (future teleconferencing & remote meetings) | General Agenda Item | a. Receive a report regarding AB 2449 and the future of teleconferencing and remote meetings; and,
b. Provide direction to staff as appropriate. | | |
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23-009
| 16. | 01.10.2023 Board Committees Commission Assignments | General Agenda Item | Consider approval of the proposed Board of Supervisors Standing Committee Rotation Schedule and Appointments for 2023; Consider staff recommendations regarding continuation, creation and dissolution of certain Board of Supervisors Ad Hoc Committees and Consider proposed appointments to various Non-County Entities for calendar year 2023 as recommended by the Chair of the Board of Supervisors. | | |
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OBM 22-183
| 17. | New Referrals | Other Board Matters | New Referrals | | |
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PAR 22-038
| 18. | Response to Board Referral No. 2022.26 | Preliminary Analysis Report | Receive a preliminary analysis report in response to Board Referral No. 2022.26 seeking to devise a comprehensive program utilizing the opioid settlement dollars designated for all Monterey County local governments for providing treatment and other services to local communities. | | |
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PAR 22-039
| 19. | COB Augmentation to Budget for Ceremonial Resolutions | Preliminary Analysis Report | Consider:
a. Response to Board Referral No. 2022.21 requesting the Clerk of the Board of Supervisors office to augment their budget to cover all expenses for framed Board resolutions; and
b. Selecting an updated ceremonial resolution template. | | |
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PAR 22-040
| 20. | Board Referral No. 2022.23 - Pajaro Park | Preliminary Analysis Report | Receive a preliminary analysis report in response to Board Referral No. 2022.23 seeking to request a County funding contribution for Fiscal Year 2023 and develop a long-range funding source for the Pajaro Park. | | |
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OBM 22-184
| 21. | Board Comments | Other Board Matters | Board Comments | | |
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A 22-590
| 22. | Forrest Hamlin DO First Amendment | BoS Agreement | a. Authorize the Chief Executive Officer for Natividad or his designee to execute the First Amendment to the Professional Services Agreement with Forrest R. Hamlin D.O. to provide hospitalist physician services, adding $400,000 for a revised not to exceed amount of $500,000 in the aggregate, but with no change to the original agreement term of August 30, 2022 to September 30, 2024; and
b. Authorize the Chief Executive Officer for Natividad or his designee to sign up to three (3) future amendments to this Agreement where the total amendments do not significantly change the scope of work and do not cause an increase of more than ten percent 10% ($10,000) of the original contract amount. | | |
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A 22-625
| 23. | Jane Finey Renewal and Amendment No.2 | BoS Agreement | a. Authorize the Chief Executive Officer for Natividad Medical Center (NMC) or his designee to execute Renewal and Amendment No. 2 to the agreement (A-15035) with Jane Finney, CLS, MBA, CPHQ, CPPS for professional consulting services regarding the Quality Incentive Pool (QIP) program, extending the agreement an additional one (1) year period (November 9, 2022 through November 8, 2023) for a revised full agreement term of November 9, 2020 through November 8, 2023 with no changes to the scope of work or to the total Agreement amount of $175,000.
b. Authorize the Chief Executive Officer for NMC or his designee to execute up to three (3) future amendments to the agreement which do not significantly alter the scope of work and do not cause an increase of more than ten percent (10%) ($15,000) of the original cost of the agreement. | | |
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A 22-627
| 24. | Credit Consulting Services and Receivable Solutions Renewal & Amendment No. 5 | BoS Agreement | Authorize the Chief Executive Officer for Natividad Medical Center (NMC) or his designee to execute renewal & amendment No. 5 to the agreements with Receivable Solutions, Inc. (A-13319) and Credit Consulting Services, Inc. (A-13320) pursuant to the Request for Proposal (RFP) #9600-64 for debt collection services, to extend an additional one (1) year (October 1, 2022 through September 30, 2023) for a revised full agreement term of October 1, 2016 through September 30, 2023 and adding $1,300,000 for a revised total aggregate amount for all contracts not to exceed $9,270,000. | | |
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A 22-631
| 25. | Renewal and Amendment No.7 DataBank IMX | BoS Agreement | Authorize the Chief Executive Officer for Natividad Medical Center (NMC) or his designee to execute renewal and amendment No. 7 to the agreement (A-12677) with Databank IMX for OnBase software maintenance, extending the agreement an additional one (1) year period (January 1, 2023 through December 31, 2023) for a revised full agreement term of January 1, 2015 through December 31, 2023, and adding $48,861 for a revised total agreement amount not to exceed $596,345. | | |
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A 22-634
| 26. | Locumtenens.com Amendment No. 1 | BoS Agreement | a. Authorize the Chief Executive Officer for Natividad Medical Center (NMC) or his designee to execute amendment No. 1 to the agreement with Locumtenens.com LLC for recruitment and assignment of physician’s services, adding $500,000 for a revised total agreement amount not to exceed $600,000 for the added services, with no change to the Agreement term (August 26, 2022 through August 25, 2023).
b. Authorize the Chief Executive Officer for NMC or his designee to execute up to three (3) future amendments to the agreement which do not significantly alter the scope of work and do not cause an increase of more than ten percent (10%) ($10,000) of the original cost of the agreement. | | |
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A 22-635
| 27. | Amendment No. 1 to Agreement with Andy Nguyen for Vietnamese translation services | BoS Agreement | a. Approve and authorize the Director of Health or Assistant Director of Health to execute a Renewal and Amendment No. 1 to the Agreement between the County of Monterey and Andy Nguyen for the provision of Vietnamese translation services for behavioral health clients, retroactive to July 1, 2022, update the Business Associate Agreement, to extend the term for two (2) additional fiscal years, and add $8,000 of additional services, for a revised total Agreement amount not to exceed $20,000 for a new term of July 1, 2019, through June 30, 2024;
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%) ($2,000) of the amended amount and do not significantly change the scope of work. | | |
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A 22-637
| 28. | Agreement with Bruker Scientific, LLC | BoS Agreement | a. Approve and authorize the Director of Health or Assistant Director of Health to execute a non-standard Agreement between with the County of Monterey and Bruker Scientific, LLC to provide the laboratory with one MALDI Biotyper instrument to identify micro-organisms accurately and rapidly, and three one-year preventive maintenance service agreements, not to exceed the amount of $320,204 for the term upon execution to July 30, 2026; and
b. Approve non-standard risk provisions in the Agreement as recommended by the Director of Health; and
c. Approve and authorize the Director of Health or the Assistant Director of Health to sign up to three (3) future amendments to this Agreement where the amendments do not significantly change the scope of work and do not cause an increase of more than ten percent (10%) ($32,020) of the original contract amount. | | |
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A 22-638
| 29. | Agreement with Regina M. Boyle, Attorney at Law | BoS Agreement | a. Authorize the County Counsel to execute an Agreement for Specialized Attorney Services (“Agreement”) with Regina M. Boyle, Attorney at Law, for independent consulting and legal services related to regulatory compliance and reimbursement issues impacting public Federally Qualified Health Centers, for a term retroactive to November 28, 2022, through December 31, 2024, and a total agreement amount not to exceed $50,000; and
b. Authorize the County Counsel to execute the Business Associate Agreement attached as Exhibit D to the Agreement; and
c. Accept the recommendation of the Director of Health to approve the non-standard insurance provisions in the Agreement and in the Business Associate Agreement; and
d. Authorize the County Counsel to execute up to three (3) future amendments to this Agreement where the total amendments do not exceed 10% ($5,000) of the agreement amount and do not significantly change the scope of work. | | |
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A 22-636
| 30. | Subcontractor Agreement with Advocates for Human Potential, Inc. | BoS Agreement | a. Approve the execution by the Director of Health or Assistant Director of Health of a Subcontract Agreement (“Subcontract”), ID: 7469-BHCIP-County of Monterey-01G, with Advocates for Human Potential, Inc. (“AHP”), funded by the Behavioral Health County and Tribal Planning (“BHCTP”) Grant of the Department of Health Care Services (DHCS), Behavioral Health Continuum Infrastructure Program (“BHCIP”), for a total contract amount of $150,000 for the grant period retroactive to January 3, 2022, through December 31, 2022; and
b. Accept the recommendation of the Director of Health to approve the non-standard insurance provisions in the Agreement (indemnification and insurance); and
c. Approve the execution by the Director of Health or Assistant Director of Health of Modification #1 to the Subcontract, extending the grant period to March 31, 2023, with no change to the total contract amount of $150,000; and
d. Authorize the Director of Health or Assistant Director of Health to execute up to one future amendment to the Subcontract that does not significantly change the scope of work. | | |
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RES 22-232
| 31. | CalRecycle Beverage Container Grant | BoS Resolution | Adopt a Resolution to:
Authorize the Monterey County Health Department to submit applications to the Department of Resource Recycling and Recovery (“CalRecycle”) for any and all payment programs offered and designating the Monterey County Health Department Director, or his/her designee, as the Signature Authority to execute all documents necessary to secure funding through the payment programs offered by CalRecycle. | | |
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A 22-640
| 32. | State Infrastructure Funding Agreement | BoS Agreement | a. Approve and authorize the Director or Assistant Director of the Department of Social Services to sign a funding agreement with the California Department of Aging, Grant Agreement No. NI-2223-32, in the amount of $727,648 for senior nutrition infrastructure services retroactive to October 1, 2022, for the term of October 1, 2022 through December 31, 2024;
b. Approve and authorize the Director or Assistant Director of the Department of Social Services to sign all amendments to the Agreement. | | |
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A 22-605
| 33. | Central Coast Center for Independent Living | BoS Agreement | a. Approve and authorize the Director or Assistant Director of the Department of Social Services to sign Amendment #3 to Agreement A-15319 with Central Coast Center for Independent Living to provide program housing search, placement support, and rental subsidies for the Housing and Disability Advocacy Program, to extend the term through June 30, 2024, and add $1,036,507 for a revised total contract amount of $2,488,729; and
b. Authorize the Director or Assistant Director of the Department of Social Services to sign up to three (3) amendments to the Agreement where the total amendments do not exceed 10% ($248,872) of the revised contract total and do not significantly change the scope of work. | | |
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22-1144
| 34. | Lexipol Agreement | General Agenda Item | a. Authorize the Contracts/Purchasing Officer or Contracts Purchasing Supervisor to execute an Agreement with Lexipol, LLC, for a Law Enforcement Policy Manual, for the period of December 1, 2022 through November 30, 2027, in the maximum amount of $42,000;
b. Accept non-standard contract provisions as recommended by the District Attorney;
c. Authorize the Contract/Purchasing Officer or Contracts Purchasing Supervisor and the District Attorney to sign and execute the appropriate documents and verifications when required;
d. Authorize the Contracts/Purchasing Officer or Contracts Purchasing Supervisor to issue purchase orders on an as-needed basis pursuant this Agreement over the period of December 1, 2022 through November 30, 2027. | | |
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22-1145
| 35. | King City Family Justice Center | General Agenda Item | a. Approve and authorize the Contracts/Purchasing Officer or Contracts Purchasing Supervisor to execute First Amendment to the License Agreement, effective on January 3, 2023, with the Judicial Council of California, for approximately 1,019 square feet of space located at 250 Franciscan Way, King City, California (commonly known as the King City Courthouse Facility), for use as a Family Justice Center and a satellite Child Advocacy Center.
b. Authorize the Auditor-Controller to make license fee payments of $788.81 per month and in accordance with the terms of the License Agreement. and
c. Authorize minor revisions to the First Amendment and the License Agreement if deemed to be in the best interests of the County by the Contracts/Purchasing Officer and subject to review and approval by the Office of the County Counsel. | | |
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22-1206
| 36. | KC Victim Witness Program Coordinator | General Agenda Item | a. Authorize the County Administrative Office and the Human Resources Department to amend the District Attorney’s FY 2022-23 adopted budget (2240-8573-DIS001) to add a new Victim Witness Program Coordinator position (60K03), funded by a Kaiser Foundation grant (4/5ths vote required);
b. Authorize the Auditor/Controller to amend the District Attorney’s FY 2022-23 adopted budget (2240-8573-DIS001) to increase appropriations and estimated revenues by $50,000, financed by the receipt of Kaiser Foundation Hospital grant funds (4/5ths vote required);
c. Authorize the Auditor/Controller to amend the District Attorney’s FY 2022-23 adopted budget (2240-8063-DIS001) to increase appropriations and estimated revenues by $50,000, financed by the receipt of California Department of Emergency Services (CalOES) funds for the King City Child Advocacy grant (4/5ths vote required). | | |
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23-006
| 37. | SO Unit Y Step Increase | General Agenda Item | a. Approve and authorize advanced step placement for Keith Boyd at Step 7 of the Undersheriff salary range effective December 30, 2022, in accordance with Personnel Policies and Practices Resolution (PPPR) No. 98-394, Section A.1.11.5;
b. Approve and authorize advanced step placement for Garrett Sanders at Step 7 of the Chief Deputy Sheriff salary range effective December 30, 2022, in accordance with Personnel Policies and Practices Resolution (PPPR) No. 98-394, Section A.1.11.5;
c. Approve and authorize advanced step placement for Eddie Anderson and Jeff Hoyne at Step 7 of the Chief Deputy Sheriff salary range effective January 3, 2023, in accordance with Personnel Policies and Practices Resolution (PPPR) No. 98-394, Section A.1.11.5. | | |
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22-933
| 38. | MCFL - E Commerce Launch | General Agenda Item | a. Approve and authorize the Library Director or the Library Director’s designee to accept credit card payments from customers and charge no more than the service fee of 2.25% to recover the inter exchange fees associated with the acceptance of credit cards, and;
b. Approve and authorize the Library Director or the Library Director’s designee to increase credit card fees, not to exceed 10% of the current service fee of 2.25%, to recover costs. | | |
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A 22-619
| 39. | L3Harris Technologies Sourcewell | BoS Agreement | a. Authorize the Chief Information Officer to execute a non-standard Agreement with L3Harris Technologies Incorporated, incorporating the terms of Sourcewell contract, Solicitation Number Request for Proposal #042021, for public safety radio technology services, equipment, and products as needed for a term of December 6, 2022, to June 23, 2025, for a total contract amount of up to $3,000,000; and
b. Approve and authorize the Chief Information Officer, to execute order confirmations and such documents as are necessary to implement the agreement for the County’s purchase of products, services, and support; and
c. Accept non-standard agreement terms as recommended by the Chief Information Officer of the Information Technology Department; and
d. Authorize the Chief Information Officer or designee to execute up to three (3) future amendments, subject to County Counsel review, to extend services by one (1) year per amendment where the amendments do not exceed 10%, provided the amendments do not significantly change the terms of the Agreement, including non-standard terms approved by the | | |
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A 22-628
| 40. | DocuSign Amendment No. 1 | BoS Agreement | a. Authorize the Chief Information Officer or his designee to execute Amendment No. 1 to the non-standard agreement with DocuSign to increase the total envelope allowance under the master agreement along with a Health Insurance Portability and Accountability Act (HIPPA) Business Addendum, increasing the contract by $22,768 for a total not to exceed $364,318; and
b. Authorize the Chief Information Officer to execute service order forms and such documents as are necessary to implement the amendment; and
c. Accept non-standard contract provisions as recommended by the Chief Information Officer; and
d. Authorize the Chief Information Officer to sign up to three (3) amendments or renewals of one (1) year each, of the agreement, provided additional costs do not exceed ten percent (10%) of the cost of the prior year subject to County Counsel review and provided the terms of the agreement remain substantially the same. | | |
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22-1175
| 41. | Approve MOU between MCWDB and Partners of AJCC | General Agenda Item | a. Approve a Memorandum of Understanding (MOU) between the Monterey County Workforce Development Board and partners of the America’s Job Centers of California/One-Stop system regarding delivery of job training and placement, and other social services, retroactive to July 1, 2022 through June 30, 2025;
b. As the Chief Elected Official of the Monterey County local workforce development area, authorize the Chair of the Monterey County Workforce Development Board and the Chair of the Board of Supervisors to sign the MOU in compliance with the Workforce Innovation and Opportunity Act of 2014; and
c. Authorize the Chair of the Monterey County Workforce Development Board to execute amendments to the MOU to adjust cost allocations, add partners, and make other changes to its terms necessitated by changed circumstances occurring between July 1, 2022, and June 30, 2025 | | |
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22-1197
| 42. | | General Agenda Item | Introduce, waive reading of, and set January 24, 2023, at 10:30 a.m. as the date and time to consider adoption of an ordinance amending Chapter 7.100 of the Monterey County Code to reduce the commercial cannabis business tax rates for cultivation activities retroactive to January 1, 2023. (REVISED VIA SUPPLEMENTAL) | | |
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22-1185
| 43. | | General Agenda Item | a. Receive a report outlining the need for an administrative manual and revisions to the Monterey County Growing Equity Together Program framework; and
b. Adopt the proposed administrative manual and revisions to the Monterey County Growing Equity Together Program framework. (REVISED VIA SUPPLEMENTAL) | | |
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RES 23-003
| 44. | Patient Account Representative Base Wage Increase and Retitle. | BoS Resolution | Adopt a Resolution to:
a. Amend Personnel Policies and Practices Resolution (PPPR) No. 98-394 Appendices A and B to retitle the Patient Account Representative I/II, Senior Patient Account Representative, and Supervising Patient Account Representative classifications to Patient Financial Services Specialist I/II, Senior Patient Financial Services Specialist, and Supervising Patient Financial Services Specialist and adjust the base wage salary ranges as indicated in Attachment A;
b. Direct the Human Resources Department to implement the changes in the Advantage HRM system.
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RES 23-004
| 45. | Re-Adoption of CRFREE - RWMG Plan and Grant REF 140048 | BoS Resolution | a. Find that per the California Environmental Quality Act (CEQA) Section 15262 “Feasibility and Planning Studies” the IRWM Plan does not require the preparation of an Environmental Impact Report (EIR) or negative declaration as the evaluation of environmental factors contained in the IRWM Plan is adequate for the level of planning, and the Plan is exempt from further review under CEQA.
b. Re-adopt following publication of notice to comply with Government Code Section 6066, the Monterey Peninsula, Carmel Bay, and South Monterey Bay Integrated Regional Water Management (IRWM) Plan Update as a voluntary document that provides broadly supported, identified goals, objectives, strategies, and projects to meet the integrated water needs of the people and the environment within the planning Region.
CEQA ACTION: Find that per the California Environmental Quality Act (CEQA) Section 15262 “Feasibility and Planning Studies” the IRWM Plan does not require the preparation of an Environmental Impact Report (EIR) or negative declaration as the evaluation of environmental factors contained | | |
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A 22-639
| 46. | Agreement City-County Davis Rd Bridge Replacement | BoS Agreement | a. Approve Agreement between the City of Salinas and the County of Monterey for the Davis Road Bridge Replacement and Road Widening Project; and
b. Authorize the Director of Public Works, Facilities and Parks to sign the Agreement. | | |
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