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CS 22-060
| 1. | BoS 12-13-22 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 three matters of significant exposure to litigation.
b. Pursuant to Government Code section 54957.6, the Board will provide direction to negotiators:
(1) Designated representatives: Irma Ramirez-Bough and Ariana Hurtado
Employee Organization(s): Unit X
(2) Designated representatives: Charles J. McKee, CAO, Leslie J. Girard, County Counsel, and Irma Ramirez-Bough, HR Director
Employee Position: County Administrative Officer.
(3) Designated representatives: Charles J. McKee, CAO, Leslie J. Girard, County Counsel, and Irma Ramirez-Bough, HR Director
Employee Position: Agricultural Commissioner.
c. Pursuant to Government Code section 54957(b)(1), the Board will confer regarding appointment/recruitment to the position of County Administrative Officer.
d. Pursuant to Government Code section 54957(b)(1), the Board will confer regarding appointment/recruitment to the position of Acting County Adm | | |
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APP 22-237
| 2. | | Appointment | Appoint Teresita Govea Agular to the Community Action Commission as a Public Sector Representative to fill an unexpired term ending on July 1, 2023. (Nominated By District 3, Supervisor Lopez) | appointed | Pass |
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APP 22-238
| 3. | | Appointment | Reappoint Allan Panziera to the Greenfield Fire Protection District Board as a Primary Representative with a term ending on November 30, 2026. (Nominated By District 3, Supervisor Lopez) | reappointed | Pass |
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APP 22-239
| 4. | | Appointment | Reappoint Robert Thorp to the Greenfield Fire Protection District as a Primary Representative with a term ending on November 30, 2026. (Nominated By District 3, Supervisor Lopez) | reappointed | Pass |
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APP 22-240
| 5. | | Appointment | Appoint Kathybelle Barlow to the Area Agency on Aging Advisory Board as a Primary Representative with a term ending on December 1, 2025. (Nominated By District 4, Supervisor Askew) | appointed | Pass |
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APP 22-241
| 6. | | Appointment | Appoint Roger Miller to the Commission on Disabilities as a City of Pacific Grove Representative with a term ending on December 31, 2025. (Nominated by Bill Peake, Mayor to the City of Pacific Grove) | appointed | Pass |
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OBM 22-175
| 7. | See Supplemental Sheet | Other Board Matters | See Supplemental Sheet | approved on consent calendar | |
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22-1177
| 15.2 | Approve the agreement with Sonia M. De La Rosa as the County Administrative Officer. | General Agenda Item | Approve the agreement with Sonia M. De La Rosa as the County Administrative Officer.
| approved | Pass |
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22-1031
| 9. | SB54 Annual Presentation | General Agenda Item | a. Receive a report from the Sheriff’s Office related to ICE’s access to inmates in the Monterey County Jail; and
b. Receive and consider public comment. | received | Pass |
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RES 22-222
| 10. | Receive the BEYR for FY 21-22 | BoS Resolution | Adopt a Resolution to:
a. Accept the Budget End-of-Year Report for FY 2021-22 from the County Administrative Office;
b. Authorize the County Administrative Office and Auditor-Controller to make fund balance designations in FY 2022-23 included in Attachment A; and
c. Authorize and direct the Auditor-Controller to amend the FY 2022-23 adopted budget by increasing appropriations and making the appropriate transfers included in Attachment A
(4/5ths vote required). | adopted | |
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RES 22-228
| 11. | Resolution to approve Amendment No. 14 to Unified Franchise Agreement A-11631 | BoS Resolution | Conduct a public hearing to:
a. Adopt Resolution to approve Amendment No. 14 with [Proposed] Exhibit 1 “Approved Rates and Charges” to Unified Franchise Agreement A-11631 regarding proposed rates for services and adjustments to current rates for the Unified Franchise Agreement A-11631 between the County of Monterey and Waste Management, Inc. dba USA Waste of California dba Carmel Marina Corp., for the Exclusive Collection of Solid Waste and Recyclables in Unincorporated Monterey County; and
b. Approve and authorize the Director of Health to execute Amendment No. 14 to the Unified Franchise Agreement (Agreement No. A-11631) between the County of Monterey and Waste Management, Inc. dba USA Waste of California, Inc., dba Carmel Marina Corporation, for the Exclusive Collection of Solid Waste and Recyclables in Unincorporated Monterey County. | adopted | |
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22-1161
| 12. | Adjustment of the Annual Salary of the Members of the Board of Supervisors | General Agenda Item | Adjustment of the Annual Salary of the Members of the Board of Supervisors | received | |
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22-1057
| 13. | Presentation on COVID-19, influenza, and other seasonal respiratory viruses. | General Agenda Item | Receive a verbal presentation from the Health Department regarding COVID-19, influenza, and other seasonal respiratory viruses. | received | |
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22-1163
| 14. | 12.13.2022 PG&E Vistra Energy Corp | General Agenda Item | a. Receive a presentation from Pacific Gas and Electric Company (PG&E) and Vistra Energy Corporation (Vistra) regarding operation and emergency response plans for their respective Lithium-Ion Battery Energy Storage Systems, and
b. Provide direction to county staff regarding the Lithium-Ion Battery Energy Storage Systems in the Monterey County Operational Area. | approved | |
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RES 22-223
| 15. | PLN210152 - RIO VISTA GROUP LLC | BoS Resolution | PLN210152 - RIO VISTA GROUP LLC
Public hearing to consider an appeal from Rio Vista Group LLC of the Planning Commission’s denial of a Combined Development Permit for the construction of four 16,286 square foot two-story apartment buildings totaling 60 units for agricultural workforce housing and 1 manager unit, including 17,500 cubic yards of grading, and a Variance to increase the required building site coverage.
Proposed CEQA action: Adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan
Project Location: 51, 53, 55 & 57 Susan Street, Royal Oaks, North County Area Plan | adopted as amended | |
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22-1174
| 15.1 | Employment agreement for Agricultural Commissioner and Sealer | General Agenda Item | a. Consider approval of employment agreement for Agricultural Commissioner and Sealer of Weights & Measures;
b. Authorize the Chair of the Board to execute the agreement. (ADDED VIA ADDENDA) | approved | |
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OBM 22-177
| 16. | CAO Comments | Other Board Matters | County Administrative Officer Comments | no comments made | |
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OBM 22-178
| 17. | New Referrals | Other Board Matters | New Referrals | no comments made and referrals read | |
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PAR 22-035
| 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. | continued | Pass |
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PAR 22-036
| 19. | 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. | continued | Pass |
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PAR 22-031
| 19.1 | 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. (ADDED VIA ADDENDA) | continued | Pass |
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OBM 22-179
| 20. | Board Comments | Other Board Matters | Board Comments | made | |
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CR 22-180
| 21. | | Ceremonial Resolution | Adopt a resolution commending Henry S. Gonzales, Agricultural Commissioner/Sealer of Weights and Measures, on his retirement with twenty-eight years of dedicated public service to Monterey County and thirty-eight years of dedicated public service to the State of California. (Supervisor Lopez) | adopted | Pass |
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CR 22-189
| 22. | | Ceremonial Resolution | Adopt a resolution in appreciation of eight years of service on the Monterey County Board of Supervisors upon the retirement of Supervisor John. M. Phillips. (Full Board) (REVISED VIA SUPPLEMENTAL) | adopted | Pass |
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CR 22-187
| 23. | | Ceremonial Resolution | Adopt a resolution commending County Administrative Officer Charles J. McKee upon his retirement after almost 20 years of dedicated public service to the County of Monterey, first as County Counsel and then as County Administrative Officer, and a total of 31 years of public service. (Full Board) (REVISED VIA SUPPLEMENTAL) | adopted | Pass |
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CR 22-188
| 24. | | Ceremonial Resolution | Adopt a resolution commending Brent W. Buche, General Manager of the Monterey County Water Resources Agency, for his dedicated service of 29 years to the County of Monterey upon his retirement. (Full Board) (REVISED VIA SUPPLEMENTAL) | adopted | Pass |
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CR 22-186
| 25. | | Ceremonial Resolution | Adopt Resolution honoring Jennifer Cupak, Fire Operations Manager upon her retirement from the County of Monterey after twenty five years of dedicated Public Service. (Supervisor Adams) (REVISED VIA SUPPLEMENTAL) | adopted | |
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A 22-510
| 26. | UCSF Pediatric (CAC) | BoS Agreement | a. Authorize the Chief Executive Officer for Natividad or his designee to execute the Renewal and Amendment 4 to the Professional Services Agreement with The Regents of the University of California, on behalf of the University of California San Francisco, School of Medicine, Department of Pediatrics (UCSF) to provide child abuse specialist services, extending the term by twelve months (October 1, 2022 to September 30, 2023) for a revised full agreement term of August 1, 2018 to September 30, 2023, and adding $58,932, for a revised total not to exceed amount of $209,277 in the aggregate. | approved | Pass |
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A 22-589
| 27. | Caroline Butler MD First Amendment | BoS Agreement | a. Authorize the Chief Executive Officer for Natividad or his designee to execute the First Amendment to the Professional and Call Coverage Services Agreement (A-15626) with Caroline Butler MD to provide general and critical care surgical services at Natividad, extending the term by twenty-four months (January 1, 2023 to December 31, 2024) for a full agreement term of January 1, 2022 to December 31, 2024 and adding $500,000 for an amount not to exceed $900,000 in the aggregate; and
b. Authorize the Chief Executive Officer 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% ($40,000) of the original contract amount. | approved | Pass |
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RES 22-204
| 28. | Create Hospital Patient Safety Manager and Hospital Compliance Officer | BoS Resolution | Adopt Resolution to:
a. Amend Personnel Policies and Practices Resolution (PPPR) No. 98-394 Appendices A and B to create the classifications of Hospital Patient Safety Manager and Hospital Compliance Officer with the salary ranges as indicated in Attachment A;
b. Amend the Natividad FY 2022-23 Adopted Budget Unit 9600-8142 - Fund 451 -Appropriation Unit NMC001 to reallocate a Hospital Risk Assessment and Compliance Officer to a Hospital Compliance Officer and a Hospital Quality Assurance Nurse to a Hospital Patient Safety Manager as indicated in Attachment A;
c. Direct the County Administrative Office and the Auditor-Controller to incorporate the approved position changes in the FY 2022-23 Adopted Budget and the Human Resources Department to implement the changes in the Advantage HRM System. | adopted | Pass |
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A 22-604
| 29. | Agreement with Sun Street Centers | BoS Agreement | a. Approve and authorize the Director of Health or the Assistant Director of Health to sign a standard Agreement with Sun Street Centers in the amount of $80,000 to provide education on the adverse effects of cannabis use by elementary and high school youth, conduct focus groups on teen cannabis use, and provide parent education for the term of upon execution date through June 30, 2023; and
b. 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%) ($8,000) of the original contract amount. | approved | Pass |
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A 22-610
| 30. | MOU with Special Education Local Plan Area (SELPA) | BoS Agreement | a. Approve and authorize the Director of Health or Assistant Director of Health to execute a Memorandum of Understanding (“MOU”) with Monterey County Special Education Local Plan Area for reimbursement to the County for the provision of mental health and residential treatment services pursuant to a student’s Individualized Education Plan, for a total amount not to exceed $4,544,523 for the term retroactive to July 1, 2022, through June 30, 2023; and
b. Approve and authorize the Director of Health or Assistant Director of Health to execute an Interagency Agreement, Exhibit A to the MOU, with Monterey County Special Education Local Plan Area for the term retroactive to July 1, 2022, through June 30, 2023; and
c. Approve non-standard indemnification, limitation of liability, and insurance provisions to the MOU as recommended by the Director of Health; and
d. Approve and authorize the Director of Health or Assistant Director of Health to approve up to three (3) future amendments to the MOU that do not exceed ten percent (10%) ($454,452.30) of the original MOU amount and do not signif | approved | Pass |
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A 22-615
| 31. | Agreement with Ventana Amendment No. 1 | BoS Agreement | a. Approve and authorize the Director of Health or the Assistant Director of Health to execute Amendment No. 1 to Agreement No. A-15945 between the County of Monterey and Ventana Faculty Medical Associates of Monterey County, Inc., increasing the amount by $8,000 for a total Agreement not to exceed $265,210, for serving as the County’s Sexual Assault Forensic Examiner (SAFEs) service provider, providing professional and call coverage services for the Sexual Assault Response Team (SART), and SART Program Medical Director services effective retroactive to December 1, 2022, for a total term from July 16, 2022 through June 30, 2023; and
b. Authorize the Director of Health or Assistant Director of Health to sign up to three (2) future amendments to this Agreement where the total amendments do not exceed 10% ($17,721) of the original contract amount and do not significantly change the scope of work. | approved | Pass |
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A 22-616
| 32. | Agreement with the Action Council Amendment No. 2 | BoS Agreement | a. Authorize the Director of Health or Assistant Director of Health to execute a Renewal and Amendment No. 2 to an agreement with Action Council of Monterey County, Inc., for the provision of community educational management and contracting specialized services, adding one year for a revised term of July 1, 2018, to September 30, 2023, with no change to the total contract amount of $330,000; and | approved | Pass |
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A 22-617
| 33. | Renewal and Amendment No. 1 Agreement with MEarth | BoS Agreement | a. Approve and authorize the Director of Health or the Assistant Director of Health to sign a Renewal and Amendment No. 1 with MEarth for the provision of School Day field trips addressing healthy foods, healthy food choices, hands-on organic garden experience, and food preparation for students, extending the agreement for an additional one (1) year, for a revised full term of January 27, 2019, through September 30, 2023, and adding $16,000 to increase the maximum contract liability to $64,393. | approved | Pass |
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A 22-618
| 34. | Agreement with MHSOAC Amendment No. 1 | BoS Agreement | a. Authorize the Director of Health or Assistant Director of Health to execute an Amendment No. 1 to the Mental Health Student Services Act (“MHSSA”) Grant Agreement No. 21MHSOAC015 with the Mental Health Services Oversight and Accountability Commission (“MHSOAC”), to revise the payment schedule for the same amount of $3,999,979, for the same grant period September 1, 2021, through August 31, 2025; and
b. 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%) ($399,997.90) of the original Agreement amount and do not significantly change the scope of services. | approved | Pass |
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A 22-632
| 35. | Memorandum of Agreement with the City of Salinas, for the Animal Control Services Administration Pilot Project | BoS Agreement | Approve and Authorize the Director of Health or Assistant Director of Health to execute
Amendment No. 1 to the Revised and Restated Memorandum of Agreement (MOA), A-15628, between the County of Monterey and the City of Salinas, for the Animal Control Services Administration Pilot Project, extending the term an additional six months for a total term of 18 months through June 30, 2023, adding $729,093 for updates to existing shared staffing costs and services for a total Agreement amount of $1,394,093. | approved | Pass |
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A 22-633
| 36. | Pharmacy Services Agreement with Avita | BoS Agreement | a. Authorize the Director of Health, or Assistant Director of Health to execute a 340B Pharmacy Services Agreement (“Agreement”) with PMQ Group, LLC dba Avita (“Avita”) allowing Avita to provide third-party administrative services in support of Clinic Services’ 340B Program and specialty contract pharmacy services to eligible patients of Monterey County Health Department Clinic Services Bureau (“Clinic Services”) for an initial term of three (3) years beginning January 1, 2023, and which auto renews for additional one (1) year periods unless earlier terminated; and
b. Approve the non-standard risk provision (lack of indemnification) in the Agreement, as recommended by the Director of Health; and
c. Authorize the Director of Health or 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. | approved | Pass |
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RES 22-224
| 37. | JPA Hitchcock Rd. Animal Services Agreement | BoS Resolution | a. Adopt a Resolution to approve a Joint Powers Agreement (JPA) between the County and the City of Salinas to create the Hitchcock Road Animal Services Agency to administer Animal Services.
b. Authorize the Chair of the County of Monterey Board of Supervisors, or her designee, to execute the JPA on behalf of the County. | adopted | Pass |
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22-1143
| 38. | 12.13.2022 EPPP Board Policy | General Agenda Item | a. Adopt the updated Environmentally Preferable Purchasing Policy which will replace the Climate Friendly Purchasing policy in the Board Policy manual and includes requirements for County compliance with SB1383. | adopted | Pass |
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22-1151
| 39. | | General Agenda Item | a. Adopt an ordinance of the County Code amending Paragraph F of Section 2.32.030 of the Monterey County Code to authorize the Purchasing Agent to engage independent contractors to perform services for the County and the offices thereof, with or without the furnishing of material, where the aggregate cost does not exceed $200,000. | adopted | Pass |
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22-1103
| 40. | | General Agenda Item | Approve the Bingo Permit Application for American Legion Post 593 pursuant to Chapter 7.08 of the Monterey County Code effective September 14, 2022, through September 14, 2023. | approved | Pass |
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22-1160
| 41. | January 3, 2023 San Ardo UESD Special Election | General Agenda Item | Authorize the Registrar of Voters to consolidate and provide specified election services for the January 3, 2023, San Ardo Union Elementary School District Special Election. | approved | Pass |
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22-1162
| 42. | Adopt a Resolution to amend Personnel Policies and Practices Resolution No. 98-394 Appendix A to adjust the 2023 Minimum Wage. | General Agenda Item | Adopt a Resolution to:
a. Amend Personnel Policies and Practices Resolution No. 98-394 Appendix A to adjust the salary ranges of the Data Entry Operator I-II, Food Service Worker I-II, Park Services Aide I-III, Mailroom Clerk and Senior Mailroom Clerk, Range Aide and Student Intern classifications to comply with California Senate Bill No. 3, increasing the minimum wage to $15.50/hour at first step and to maintain the spreads within the series where applicable, effective January 1, 2023 as indicated in Attachment A;
b. Amend Personnel Policies and Practices Resolution No. 98-394 Appendix A & B to abolish the classifications of Laundry Worker I-II and Library Page as indicated in Attachment A;
c. Direct the Human Resources Department to implement the changes in the Advantage HRM System. | adopted | Pass |
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RES 22-229
| 42.1 | resolution to ratify the Proclamation of Local Emergency | BoS Resolution | Adopt a resolution to ratify the Proclamation of Local Emergency issued by the County Administrative Officer on December 11,2022, related to the Winter Storm Event that start on December 10, 2022. concerning the Carmel River and Carmel River Lagoon, potentially causing damage to public infrastructure and private property, thereby causing conditions of extreme peril to the safety of persons and property nearby. (4/5ths vote required) | adopted | Pass |
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A 22-622
| 43. | Kimley-Horn PSA | BoS Agreement | REF220010/PROFESSIONAL SERVICES AGREEMENT FOR CASTROVILLE COMMUNITY PLAN UPDATE AND IMPACT FEE NEXUS STUDY
a. Approve a Professional Services Agreement with Kimley-Horn, to provide services to update the Castroville Community Plan, execute an Impact Fees Nexus Study, and prepare an environmental study for the not to exceed amount of $533,575 and for a term December 15, 2022 to December 31, 2025; and
b. Authorize the Contracts/Purchasing Officer of Contracts/Purchasing Supervisor to execute the Professional Services Agreement and future amendments to the Agreement where the amendments do not significantly alter the scope of work or change the approved Agreement amount by more than ten percent (10%), subject to review and approval by County Counsel. | approved | Pass |
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RES 22-225
| 44. | REF220010 - CASTROVILLE TRAFFIC IMPACT FEE | BoS Resolution | REF220010 - CASTROVILLE TRAFFIC IMPACT FEE
Adopt a resolution staying the collection of Castroville Traffic Impact Fees until such time that the Board of Supervisors adopts an updated fee or provides further direction.
Proposed CEQA action: Finding that pursuant to section 15273 of the CEQA Guidelines the consideration of modifications to development impact fees would be statutorily exempt. | adopted | Pass |
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A 22-626
| 45. | York Highlands Sudivision Improvement Amendment #5 | BoS Agreement | Approve and authorize the Chair to execute Amendment No. 5 to the Subdivision Improvement Agreement for the York Highlands Resubdivision for an extension of 48 months (December 31, 2026). | approved | Pass |
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RES 22-213
| 46. | CRFREE acceptance of IRGM plan and grant application to DWR | 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. Adopt 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 in the IRWM Plan is adequate for the level of planning, and the Plan is exempt fro | adopted | Pass |
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A 22-607
| 47. | Approve and authorize the Monterey County Laguna Seca Representative to execute a two-year Event Agreement, retroactively effective December 1, 2022, with SportsCar Vintage Racing Association to sanction and produce the Trans-Am Speedfest to be held at We | BoS Agreement | Approve and authorize the Monterey County Laguna Seca Representative to execute a two-year Event Agreement, retroactively effective December 1, 2022, with SportsCar Vintage Racing Association to sanction and produce the Trans-Am Speedfest to be held at WeatherTech® Raceway at Laguna Seca on May 5-7, 2023, and April 20-21, 2024, for a base track rental fee of $163,000 and $168,000, respectively. | approved | Pass |
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22-1171
| 48. | | General Agenda Item | Addenda/Supplemental
Added under Scheduled Matters PM
15.1. a. Consider approval of employment agreement for Agricultural Commissioner and Sealer of Weights & Measures;
b. Authorize the Chair of the Board to execute the agreement.
Added under Referral Responses
19.1. 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.
Revised title under Ceremonial Resolutions
22. Adopt a resolution in appreciation of eight years of service on the Monterey County Board of Supervisors upon the retirement of Supervisor John. M. Phillips. (Full Board)
23. Adopt a resolution commending County Administrative Officer Charles J. McKee upon his retirement after almost 20 years of dedicated public service to the County of Monterey, first as County Counsel and then as County Administrative Officer, and a total of 31 years of public service. (Full Board)
24. Adopt a resolution commending Brent W. Buche, General Manag | | |
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