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Meeting Name: Board of Supervisors Agenda status: Final-Revised
Meeting date/time: 10/25/2022 9:00 AM Minutes status: Draft  
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CS 22-048 1.BoS 10-25-2022 Closed SessionClosed SessionClosed Session under Government Code section 54950, relating to the following items: a. Pursuant to Government Code section 54956.9(d)(2), the Board will confer with legal counsel regarding two three matters of significant exposure to litigation. (REVISED VIA SUPPLEMENTAL) 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): Units R and X c. Pursuant to Government Code section 54956.9(d)(1), the Board will confer with legal counsel regarding existing litigation: (1) Terry Kaiser (Worker’s Compensation Appeals Board No. ADJ9981283) (2) Terry Kaiser (Worker’s Compensation Appeals Board No. ADJ9981284) (3) DOE v. County of Monterey, et al. (Monterey County Superior Court Case No. 22-CV003019) d. Pursuant to Government Code section 54957(b)(1), the Board will confer regarding appointment/recruitment to the position of County Administrative Officer. e. Pursuant to Government Code section 54956.8, the Board will confer with real property negotia   None None
CR 22-170 2. Ceremonial ResolutionAdopt a resolution commending Rosemary Soto for fifteen years of service to the County of Monterey and acknowledge we live in a better place because of her efforts. (Supervisor Lopez)   None None
CR 22-167 3. Ceremonial ResolutionAdopt a resolution commending Fire Captain Jeff May for his thirty years of service to the communities of Monterey County and acknowledge we live in a safer community because of his selfless efforts. (Supervisor Lopez)   None None
CR 22-146 4. Ceremonial ResolutionAdopt a resolution recognizing Joseph Hertlein for 24 years of dedicated service to the County of Monterey as a Monterey County Parks Commissioner. (Supervisor Adams)   None None
CR 22-162 5. Ceremonial ResolutionAdopt a resolution commending Deputy Jose Antonio Gonzalez upon his retirement from twenty-five and a half years of public service with the Monterey County Sheriff’s Office. (Supervisor Adams)   None None
CR 22-149 6. Ceremonial ResolutionAdopt a resolution recognizing and honoring The Late Edward M. Dowd as Natividad Foundation’s 2022 Hero Award Recipient for his transformative philanthropic investment in Natividad. (Supervisor Adams)   None None
CR 22-168 7. Ceremonial ResolutionAdopt a resolution recognizing Refugio Anguiano for receiving the 2022 Jack Stewart Award by the Monterey County Military and Veteran Affairs Commission. (Supervisor Alejo)   None None
CR 22-169 8. Ceremonial ResolutionAdopt a resolution posthumously honoring fallen Salinas Police Officer Jorge David Alvarado Jr. for Distinguished Service. (Supervisor Alejo)   None None
APP 22-200 9. AppointmentAppoint Mike Carini to the CSA 25 as an Alternate Representative with a term ending on October 25, 2025. (Nominated By District 5, Supervisor Adams)   None None
APP 22-201 10. AppointmentAppoint Alisa Smith to the Commission on the Status of Women as a Primary Representative to fill an unexpired term ending on February 1, 2024. (Nominated By District 4, Supervisor Askew)   None None
APP 22-202 11. AppointmentReappoint Anita Crawley to the Equal Opportunity & Civil Rights Advisory Commission with a term ending on December 31, 2024. (Nominated By District 5, Supervisor Adams)   None None
APP 22-203 12. AppointmentAppoint Kayla Gonzalez to the Commission on Disabilities as a Deaf and Hard of Hearing Services Center Representative to fill an unexpired term ending on December 31, 2024. (Nominated By The Commission on Disabilities)   None None
OBM 22-150 13.See Supplemental SheetOther Board MattersSee Supplemental Sheet   None None
22-964 15.EOCRAC Annual ReportGeneral Agenda ItemReceive the Equal Opportunity and Civil Rights Advisory Commission’s (EOCRAC) Annual Report.   None None
22-972 16.COD 2022 Annual ReportGeneral Agenda ItemReceive the Commission on Disabilities (COD) 2022 Annual Report.   None None
22-1000 17.10.25.2022 GREGeneral Agenda Itema. Receive information on the role of the Monterey County Governing for Racial Equity Initiative (GRE) for planning and participation in the countywide racial equity learning cohort Collaboratively Organizing for Liberation, Inclusion, and Breaking Racial Inequities (COLIBRI); and b. Consider adopting a resolution revising Board Resolution No. 17-349, proclaiming a Reaffirmation of Monterey County Values and Commitment to Ensure Equitable Outcomes and Opportunities for Every Resident of Monterey County and the County’s commitment to further advance the education and implementation of Governing for Racial Practices in County government, and incorporating a Racial Equity Statement; and c. Provide direction as appropriate.   None None
OBM 22-152 18.CAO CommentsOther Board MattersCounty Administrative Officer Comments   None None
OBM 22-153 19.New ReferralsOther Board MattersNew Referrals   None None
22-961 20.Board Referral No. 2022-07 Ag Pass UpdateGeneral Agenda ItemReceive a status update report in response to Board Referral No. 2022.07 for the creation of an agricultural and livestock pass for the County of Monterey.   None None
22-983 21. General Agenda Itema. Receive a preliminary analysis report in response to Board Referral No. 2022.20, which seeks a staff review of department specific local requirements for commercial cannabis applicants and for staff to identify where it may be possible to provide local authorization for annual state commercial cannabis licensure so that operations may continue in an interim period; and b. Provide direction as appropriate.   None None
OBM 22-154 22.Board CommentsOther Board MattersBoard Comments   None None
22-1002 23...Title Consider options to address complaints at the Sherriff’s Office ..Report RECOMMENDATION: It is recommended that the Board of Supervisors provide direction to address complaints at the Sherriff’s Office SUMMARY/ DISCUSSION: There have beGeneral Agenda ItemConsider options to address complaints at the Sheriff’s Office   None None
A 22-546 24.Creekbridge Village Apartments Residential Lease Agreement for Trauma Physician HousingBoS Agreementa. Authorize the Chief Executive Officer for Natividad Medical Center (NMC) or his designee to execute a residential lease agreement with 1496 Constitution LLC dba Creekbridge Village Apartments for housing of trauma physician’s services at NMC for an amount not to exceed $25,000 with an agreement term November 1, 2022 through October 31, 2023. b. Authorize the Auditor-Controller to make lease payments of $2,075 per month in accordance with the terms of the residential lease agreement. c. Authorize the Chief Executive Officer for Natividad Medical Center (NMC) or his designee to execute three future renewals to the residential lease agreement for three (3) additional twelve (12) month terms under the same general terms and conditions provided there is not a significant increase to the amount of the monthly lease payments, and to make minor revisions to the lease agreements if deemed by the Deputy Purchasing Agent for NMC to be in the best interest of the County to do so, subject to review and approval of County Counsel and County-Auditor-Controller. d. Approve the NMC Chief Executive   None None
A 22-549 25.Raimi and Associates, Inc. AgreementBoS Agreementa. Authorize the Chief Executive Officer for Natividad Medical Center (NMC) or his designee to execute an agreement with Raimi and Associates, Inc. for strategic planning services at NMC for an amount not to exceed $150,000 with an agreement term November 1, 2022 through October 31, 2024. 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.   None None
A 22-542 26.SART Law Enforcement Agency (LEA) Agreement TemplateBoS Agreementa. Approve and accept the revised Law Enforcement Agency Agreement template applying the fees in the recently amended Fee Schedule Adjustment, adopted by the Board of Supervisors on September 27, 2022, Resolution No. 22-368, and to be used in partnering with local Law Enforcement Agencies to ensure the continuation of the Sexual Assault Response Team Program and ensure the continuation of a prompt, organized, and effective team response to cases of adult, adolescent, and acute pediatric sexual assault in Monterey County; and b. Accept recommendation of Director of Health of non-standard insurance and mutual indemnification provisions; and c. Approve and authorize updates to the Law Enforcement Agency Agreement template in accordance with local, state, and federal law, subject to review and approval of County Counsel; and d. Approve and authorize amendments to the text of the Law Enforcement Agency Agreement template that do not significantly change the level of risk or the scope of a party’s obligations or responsibilities, subject to review and approval of County Counsel; and e. App   None None
A 22-547 27.1615 Bunker Hill Ste. 140 Lease Amd. No. 6BoS Agreementa. Approve and authorize the Contracts/Purchasing Officer to execute a five (5) year Lease Renewal Amendment No. 6 A-10986 (Lease Agreement), effective November 1, 2022 with 1615 Bunker Hill, LLC. by Stone Bridge Homes, Inc., for 1,964 rentable square feet (1,669 useable square feet) at 1615 Bunker Hill Rd. Ste. 140, Salinas, California, for use by the Health Department’s Clinic Bureau; and b. Authorize the Auditor-Controller to make lease payments starting at $4,251.79 per month for the first year of the extension period and in accordance with the terms and adjusted rent schedule outlined in the Lease Agreement.   None None
RES 22-187 28.Social Services Conflict of Interest CodeBoS ResolutionAdopt a resolution to revise and approve amendments to, and revise, the Monterey County Department of Social Services’ Conflict of Interest Code.   None None
22-932 29.Professional Agreement - MCFL with OverDriveGeneral Agenda Itema. Approve and Authorize Library Director or his/her Designee to enter into a Professional Agreement with OverDrive, Inc., for a term of three years, beginning November 25, 2022 to November 24, 2025; in the amount not to exceed $300,000; to provide license use of software products, technology and website services from OverDrive Digital Library including related management and copyright projection of content on eBook, audio book and multimedia in digital formats. b. Authorize the Library Director or his/or her Designee, to execute up to three future Amendments to this agreement; amendments of which that does not significantly change the scope of work and does not cause an increase of more than 10% ($10,000) of the original annual contract threshold amount ($100,000).   None None
22-959 30.Authorize the County Contracts/Purchasing Officer or designee to execute an AgreementGeneral Agenda ItemAuthorize the County Contracts/Purchasing Officer or designee to execute an Agreement for American Rescue Plan Act (ARPA) Comprehensive Economic Development Strategy (CEDS) Annual Update Standard Agreement for National Council for Community Development Inc. (NDC) to perform all tasks necessary to conduct an annual comprehensive economic development strategy update for Monterey County, for the period of eight (8) months, for the term of October 25, 2022 through June 30, 2023, in the amount not to exceed $75,000.   None None
A 22-534 31.West Publishing Corp AgreementBoS Agreementa. Approve and authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to execute an Agreement with West Publishing Corporation for attorney reference materials including publications for the law library and online reference products for the Department of Child Support Services, for the period of November 1, 2022 through October 31, 2025, for the maximum amount of $60,750.00. b. Accept the non-standard contract provisions and insurance provisions as recommended by County Counsel.   None None
22-965 32. General Agenda Itema. Receive a report on proposed budget amendments to the Department of Cannabis Control Local Jurisdiction Assistance Grant Award. b. Provide direction to staff as appropriate.   None None
22-968 33. General Agenda ItemReceive a report that provides updates on the implementation of Citygate recommendations and alternative enhancements for the Cannabis Program.   None None
22-985 34.Treasurer's Report of Investments 9/22General Agenda ItemReceive and Accept the Treasurer’s Report of Investments for the Quarter Ending September 30, 2022.   None None
RES 22-190 35.COI Community Health ServicesBoS ResolutionAdopt a resolution to revise and approve amendments to, and revise, the Community Human Services’ Conflict of Interest Code.   None None
22-1003 36.CPO Signing Authority IncreaseGeneral Agenda ItemIntroduce, waive reading, and set November 8, 2022, at 10:30 a.m. as the date and time to consider adoption of an ordinance 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. (REVISED VIA SUPPLEMENTAL)   None None
RES 22-191 37.COI Mosquito Abatement DistrictBoS ResolutionAdopt a resolution to revise and approve amendments to, and revise, the Monterey County Mosquito Abatement District’s Conflict of Interest Code.   None None
22-906 38.Approve Amendment No. 1 to Agreement A-15568 with HouseKeys, Inc.BoS Agreementa. Approve Amendment No. 1 to Agreement A-15568 with HouseKeys, Inc., to provide services identifying, organizing, and communicating the County’s inclusionary programs housing inventory and procedures to extend the term 20 months to June 30, 2024 and increase the amount by $210,000 for a new not to exceed amount of $355,000; b. Authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to execute Amendment No. 1 and any future amendments that do not significantly alter the scope of work or increase the amount payable on the Agreement by more than 10%, subject to review and approval by County Counsel.   None None
22-994 39.PLN190042 - SweitzerGeneral Agenda Itema. Find that the project involves a Conservation and Scenic Easement Deed, acceptance of which qualifies as a Class 17 Categorical Exemption pursuant to section 15317 of the CEQA Guidelines and further find that no exception under section 15300.2 applies; b. Approve and accept a Conservation and Scenic Easement Deed covering approximately 3,560 square feet of environmentally sensitive habitat on property located at 2511 2nd Avenue, Carmel (APN 009-122-031-000) as required by condition number 4 of Planning Commission Resolution 19-033 (File No. PLN190042); c. Authorize the Chair to execute the Conservation and Scenic Easement Deed; and d. Direct the Clerk of the Board to submit the Conservation and Scenic Easement Deed to the County Recorder for filing with all recording fees to be paid by the applicant. (Conservation and Scenic Easement Deed - PLN190042, SWEITZER-SCHOONE REAGAN TRS ET AL, 2511 2nd Ave, Carmel, APN 008-491-015-000, Carmel Land Use Plan, Coastal Zone)   None None
A 22-537 40.Approve Standard Agreements for FuelBoS Agreementa. Approve and authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to execute Standard Agreements with Southern Counties Lubricants, LLC in the amount of $1,500,000, Sturdy Oil Company, dba Monterey County Petroleum, in the amount of $4,500,000 and Toro Petroleum Corporation, dba Toro Petroleum Corp., in the amount of $3,000,000 for fuel product, delivery, and related services for County-owned vehicles pursuant to the terms and conditions set forth in Request for Proposal (RFP) #10681, for a term of five (5) years, with agreements for Southern Counties Lubricants, LLC and Sturdy Oil Company, dba Monterey County Petroleum, becoming effective retroactively from July 1, 2022 through and including June 30, 2027 and the agreement for Toro Petroleum Corporation, dba Toro Petroleum Corp., becoming effective from October 18, 2022 through and including October 17, 2027; b. Authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to execute, subject to prior review and approval as to form by the Office of the County Counsel amendments to the agree   None None
A 22-540 41.Approve and authorize the Monterey County Laguna Seca Representative to Execute Amendment No. 1 to Standard Agreement No. A-14378 with Star Sanitation, LLC to continue to provide sanitation units and service for fixed restroom structures.BoS AgreementApprove and authorize the Monterey County Laguna Seca Representative to: a. Execute Amendment No. 1 to Standard Agreement No. A-14378 with Star Sanitation, LLC to continue to provide sanitation units and service for fixed restroom structures for WeatherTech® Raceway at Laguna Seca, Request for Proposals #10704, to update the provisions and increase the not-to-exceed Agreement amount by $350,000, for a total amount not to exceed of $1,100,000, with no change to the term of July 1, 2019 through June 30, 2024; and b. Execute future amendments to Standard Agreement No. A-14378 where the total amendments do not exceed ten percent (10%), or $110,000, of the total agreement amount and do not significantly alter the scope of work, subject to County Counsel approval.   None None
A 22-541 42.Approve and authorize the Monterey County Laguna Seca Representative to: a. Execute Amendment No. 2 to Standard Agreement No. A-14718 with Star Sanitation, LLC to continue to provide pumping and disposal services for septic tanks and lift stations for WBoS AgreementApprove and authorize the Monterey County Laguna Seca Representative to: a. Execute Amendment No. 2 to Standard Agreement No. A-14718 with Star Sanitation, LLC to continue to provide pumping and disposal services for septic tanks and lift stations for WeatherTech® Raceway at Laguna Seca, Request for Proposals #10711, to update the provisions and increase the not-to-exceed Agreement amount by $130,000, for a total amount not to exceed of $580,000, with no change to the term of July 1, 2019 through June 30, 2024; and b. Execute future amendments to Standard Agreement No. A-14718 where the total amendments do not exceed ten percent (10%), or $58,000, of the total agreement amount and do not significantly alter the scope of work, subject to County Counsel approval.   None None
RES 22-188 43.Resolution to amend FY 22-23 Adopted Budget to Increase AppropriationsBoS ResolutionAdopt a resolution to: a. Authorize and direct the Auditor-Controller to amend the fiscal year (FY) 2022-23 Adopted Budget, General Fund, Fund 001, Facility Services Appropriation Unit PFP054, to increase appropriations by $453,792, financed by an operating transfer in the amount of $453,792, from the Building Improvement and Replacement Fund, Fund 478-BIR, Appropriation Unit CAO047, to replace two (2) rooftop HVAC units at the 911 facility located at 1322 Natividad Road, Salinas. (4/5th vote required); and b. Authorize the Auditor-Controller to amend the FY 2022-23 Adopted Budget to increase appropriations by $453,792 in the Building Improvement and Replacement Fund, Fund 478-BIR, Appropriation Unit CAO047, where the financing source is fund balance (478-3101) to replace two (2) rooftop HVAC units at the 911 facility located at 1322 Natividad Road, Salinas. (4/5th vote required); and c. Authorize the Auditor-Controller to transfer $453,792 for the FY 2022-23 from the Building Improvement and Replacement Fund, 478-BIR, Appropriation Unit CAO047 to the General Fund, Fund 001, Facilit   None None