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Meeting Name: Board of Supervisors Agenda status: Final-Revised
Meeting date/time: 11/22/2022 9:00 AM Minutes status: Draft  
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CS 22-052 1.BoS 11-22-2022 Closed SessionClosed SessionClosed Session under Government Code section 54950, relating to the following items: a. Pursuant to Government Code section 54956.9(d)(1), the Board will confer with legal counsel regarding existing litigation: (1) Toribia Jones (Worker’s Compensation Appeals Board No. ADJ3896264) (2) Toribia Jones (Worker’s Compensation Appeals Board No. ADJ0399708) (3) Toribia Jones (Worker’s Compensation Appeals Board No. ADJ10325246) (4) Timothy Lowery (Worker’s Compensation Appeals Board No. ADJ12952856) (5) Timothy Lowery (Worker’s Compensation Appeals Board No. ADJ12952855) (6) Hector Cruz (Worker’s Compensation Appeals Board No. ADJ11257269) (7) Jesse Hernandez, et al. v. County of Monterey, et al. (United States District Court, Northern District of California Case No. 13CV02354-BLF) b. Pursuant to Government Code section 54956.9(d)(4), the Board will confer with legal counsel regarding two matters of potential initiation of litigation. 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.   None None
CR 22-156 2. Ceremonial ResolutionAdopt a resolution proclaiming November as Military Family Appreciation Month in the County of Monterey. (Supervisor Askew)   None None
CR 22-179 3. Ceremonial ResolutionAdopt a resolution commending Chief Deputy James Bass, upon his retirement from twenty-eight years of public service with the Monterey County Sheriff’s Office. (Supervisor Adams)   None None
CR 22-183 4. Ceremonial ResolutionAdopt a resolution recognizing Mayor Clyde Roberson on his retirement from the City of Monterey. (Supervisor Adams)   None None
APP 22-219 5. AppointmentReappoint Aimee Cuda to the Area Agency on Aging Advisory Council as an At-Large Member with a term ending on January 1, 2026. (Nominated By The Area Agency on Aging Advisory Council)   None None
APP 22-220 6. AppointmentAppoint Derrick Elder to the Behavioral Health Commission as a Consumer & Public Interest Representative with a term ending on May 31, 2025. (Nominated By District 4, Supervisor Askew)   None None
APP 22-221 7. AppointmentThe Board of Supervisors will appoint one of the following three nominees; Angel Augusto Rivera-Gutierrez, Kathleen Lee or Nicholas Kite to the Economic Development Committee as a Non-Profit or Community Member Representative with a term ending at the pleasure of the Board. (Nominated by the Economic Development Committee)   None None
APP 22-222 8. AppointmentAppoint Beth Fabinsky to the Economic Development Committee as a Research and Development Representative with a term ending at the pleasure of the Board. (Nominated by the Economic Development Committee)   None None
APP 22-223 9. AppointmentAppoint Heather Gardner to the Economic Development Committee as a Micro Business Representative with a term ending at the pleasure of the Board. (Nominated by the Economic Development Committee)   None None
APP 22-224 10. AppointmentAppoint Jonathan Brown to the Economic Development Committee as a Labor Representative with a term ending at the pleasure of the Board. (Nominated by the Economic Development Committee)   None None
APP 22-227 11. AppointmentAppoint Claudia Gomez to the Monterey County Behavioral Health Commission as a Family & Public Interest Representative with a term ending on May 31, 2025. (Nominated By District 3, Supervisor Lopez)   None None
APP 22-228 12. AppointmentAppoint Elizabeth Aguilar to the Domestic Violence Coordinating Committee as a Primary Representative with a term ending on January 1, 2025. (Nominated By District 3, Supervisor Lopez)   None None
APP 22-229 13. AppointmentAppoint Victor Lanini to the Gonzales Rural Fire Protection District as a Primary Representative with a term ending on November 8, 2026. (Nominated By District 3, Supervisor Lopez)   None None
OBM 22-160 14.See Supplemental SheetOther Board MattersSee Supplemental Sheet   None None
22-1076 16.Wellpath Agreement AmendmentGeneral Agenda Itema. Authorize the Contracts/Purchasing Officer to execute Amendment No. 3 to the California Forensic Medical Group, Inc. (CFMG dba Wellpath) Professional Services Agreement A-13814, to extend the provision of medical, mental health, and dental care at the Monterey County Jail through December 31, 2025, for a new total aggregate amount of $44,349,032. b. Authorize the Contracts/Purchasing Officer to sign up to two (2) 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% ($1,518,030.90) of the third-year annual contract amount of $15,180,309.00.   None None
RES 22-207 16.1Resolution of Necessity Finding Davis Road BridgeBoS ResolutionAdopt a Resolution of Necessity (RON) Finding and determining that: a. The Public Interest and Necessity Require the Davis Road Bridge Replacement and Road Widening Project (Project). b. The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. c. The property sought to be acquired is necessary for the Project. d. Portions of the subject property may be subject to existing public uses, and the subject property is being acquired pursuant to California Code of Civil Procedure section 1240.510 for a public use set forth herein which is compatible with the existing public uses. e. The acquisition and public use herein described of the subject parcel will not unreasonably interfere with or impair the continuance of any possible public use as it exists or may reasonably be expected to exist in the future, as required by California Code of Civil Procedure section 1240.510. f. In the alternative, the subject parcel and interests therein described are being acquired pursuant to California Code of Civil Proced   None None
OBM 22-162 17.CAO CommentsOther Board MattersCounty Administrative Officer Comments   None None
OBM 22-163 18.New ReferralsOther Board MattersNew Referrals   None None
OBM 22-164 19.Board CommentsOther Board MattersBoard Comments   None None
RES 22-193 20.Adjust Salary Range of Pharmacist I and Clinical Pharmacy CoordinatorBoS ResolutionAdopt Resolution to: a. Amend Personnel Policies and Practices Resolution No. 98-394 and Appendix A to adjust the salary ranges of the Pharmacist I and Clinical Pharmacy Coordinator classifications as indicated in Attachment A; and b. Direct the Human Resources Department to implement the changes in the Advantage HRM System.   None None
RES 22-205 21.Adjust Salary Ranges of Supervising Clinic Nurse, Supervising Nurse I, Supervising Nurse II and Supervising Public Health Nurse ClassificationsBoS ResolutionAdopt Resolution to: a. Amend Personnel Policies and Practices Resolution No. 98-394 and Appendix A to adjust the salary ranges of the Supervising Clinic Nurse, Supervising Nurse I, Supervising Nurse II and Supervising Public Health Nurse classifications as indicated in Attachment A; and b. Direct the Human Resources Department to implement the changes in the Advantage HRM System.   None None
A 22-573 22.Agreement with Natividad Medical FoundationBoS Agreementa. Authorize the Director of Health or Assistant Director of Health to execute an Agreement with Natividad Medical Foundation for Natividad Medical Foundation’s philanthropic services, defined as “donor cultivation and solicitation” in the amount not to exceed $306,319 with an agreement term of January 1, 2023, through June 30, 2024; and b. Approve the recommendation of the Director of Health to accept all non-standard provisions in the Agreement; and c. Approve and authorize the Director of Health or Assistant Director of Health 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%) ($30,631) of the original cost of the agreement.   None None
A 22-574 23.SART Steering Committe MOUBoS Agreementa. Approve and authorize the Director of Health or Assistant Director of Health, the District Attorney, and the Chief Executive Officer for Natividad Medical Center to execute a Memorandum of Understanding between the County of Monterey and community Steering Committee members of the Sexual Assault Response Team (SART), for the purpose of providing a coordinated community response to the needs of survivors of sexual assault, effective retroactive to November 1, 2022, to October 31, 2025, or amend MOU; and b. Approve and authorize the Director of Health or Assistant Director of Health to approve up to three (3) future amendments to the Memorandum of Understanding that does not significantly change the scope of services.   None None
A 22-575 24.Subcontract Agreement with AHPBoS Agreementa. Accept a Grant Award of $1,193,550.30 from The California Department of Health Care Services (DHCS) for the development and implementation of an in-house Mentored Internship Program (“MIP”), to assist in the treatment and recovery of patients with substance use disorders or co-occurring disorders and to support the statewide expansion of California’s behavioral health workforce; and b. Approve and authorize the Director of Health or the Assistant Director of Health to execute a Subcontract Agreement, ID No. 7438-BHWD-MONTEREY (MIP)-01G, as modified by Modification 1 and Modification 2, between the County of Monterey (“County”) and Advocates for Human Potential, Inc. (“AHP”), the administrative entity for the MIP, for professional services to be performed by County as an AHP subcontractor, for a retroactive term of April 1, 2022, through September 29, 2023, in the amount of $1,193.550.30; and c. 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 (10%) of the original Subcontract Agreemen   None None
22-1034 25.Grant Award Test to TreatGeneral Agenda Itema. Accept a $275,000 Grant Award from the California Department of Public Health (CDPH), in partnership with the Center for Care Innovations (CCI) and Physicians for a Healthy California to support the County of Monterey in operationalizing better access to clinically appropriate COVID-19 therapeutics through improved testing, prescribing, and dispensing; and b. Ratify the execution by the Director of Health of the COVID-19 Test to Treat Grant Agreement, on behalf of the County of Monterey for activities related to the Test to Treat grant, in the amount of $275,000 and effective October 26, 2022, to August 26, 2023.   None None
A 22-580 26.Agreement with CalMHSA, for the Stipends to Behavioral Health InternsBoS Agreementa. Approve and authorize the Director of Health or Assistant Director of Health to execute a Participation Agreement between the County of Monterey and California Mental Health Services Authority (CalMHSA), for the provision of administering stipends to Behavioral Health Interns, for a total Agreement amount not to exceed $1,065,000 for the term Upon Execution through September 30, 2025; 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%) ($106,500) of the original Agreement amount and do not significantly alter the scope of services.   None None
A 22-586 27.UFA Agreement Amendment No. 14BoS Agreementa. Set a public hearing for December 13, 2022, at 10:30 a.m. to consider and adopt a 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. Direct the Clerk of the Board to publish the Notice of Public Hearing in newspapers of general circulation to provide for County-wide Notice of Public Hearing on or before November 26, 2022.   None None
A 22-572 28.Northwoods Consulting Partners, Inc.BoS Agreementa. Approve and authorize the Director or Assistant Director of the Department of Social Services to sign an agreement with Northwoods Consulting Partners, Inc. for the period of December 10, 2022 through December 9, 2025 in the amount of $1,353,480, with nonstandard indemnification terms; and b. Authorize the Director or Assistant Director of the Department of Social Services to sign up to three (3) amendments to the agreement as long as they do not exceed 10% ($135,348) of the agreement amount or significantly change the scope of work.   None None
22-1024 29.Jail ATSGeneral Agenda Itema. Authorize and direct the Auditor-Controller to amend the fiscal year (FY) 2022-23 Adopted Budget for the Facility Master Plan Fund (404-3200-8564-PFP057) to increase appropriations and operating transfers in by $312,567, financed by a transfer out from the Building Improvement and Replacement Fund (478-BIR-1050-8539-CAO47) for the replacement and installation of a new Automatic Transfer Switch at the Correctional Facility (4/5ths vote required); and b. Authorize the Auditor-Controller to amend the FY 2022-23 Adopted Budget to increase appropriations in the Facility Master Plan Fund (404-3200-8564-PFP057) by $312,567, financed by fund balance (478-3101) for the replacement and installation of a new Automatic Transfer Switch at the Correctional Facility (4/5ths vote required); and c. Authorize the Auditor-Controller to transfer $312,567 in FY 2022-23 from the Building Improvement and Replacement Fund (478-BIR-1050-8539-CAO47) to the Facility Master Plan Fund (404-3200-8564-PFP057) to replace and install a new Automatic Transfer Switch at the Correctional Facility (4/5ths vote requ   None None
22-934 30.Amendment 1 Buena Vista Library - MCFL MOU LeaseGeneral Agenda Itema. Authorize the Library Director or her Designee to Amend the Agreement dated March 15, 1994 by and between the County of Monterey, Monterey County Free Libraries, and Spreckels Union School District of Monterey County, updating Sections 4.3 and Section 5 of said Agreement allowing Monterey County Free Libraries (MCFL) use of outside space for library purposes. b. Authorize the Library Director or her Designee to execute future Amendments to said Agreement as deem necessary.   None None
22-974 31.Approve and Authorize MCWDB to execute a non-standard agreement with Launchpad CareersGeneral Agenda Itema. Approve and authorize the Executive Director of the Monterey County Workforce Development Board (WDB) to execute a non-standard Agreement with Launchpad Careers, Inc., for the development of a business services Customer Relations Management (CRM) application and provision of related application subscription services to the WDB retroactive to November 1, 2022 for the period of November 1, 2022 through October 31, 2023, in the amount of $25,000; and b. Authorize the Executive Director, or designee, to execute up to three (3) future amendments of one (1) year each, subject to County Counsel review, where the amendments do not exceed ten percent (10%) of the original agreement amount of $25,000, for a total maximum increase per amendment of $2,500, and do not significantly change the scope of work or non-standard contract provisions   None None
22-1025 32.Amendment No.2 / Assignment and Assumption Agreement of Agreement No. A-14482General Agenda Itema. Authorize the Contracts/Purchasing Officer or Contracts Purchasing Supervisor to execute the Assignment and Assumption Agreement between Fluence Automation LLC (“Fluence”) (Assignor) and DMT Solutions Global Corporation (d/b/a BlueCrest, “BlueCrest”) for Agreement No. A-14482; and b. Authorize the Contracts/Purchasing Officer or Contracts Purchasing Supervisor to execute Renewal and Amendment No.2 to Agreement No. A-14482 with DMT Solutions Global Corporation (d/b/a BlueCrest, “BlueCrest “) to provide software, maintenance and support services for a "Vote by Mail" processing system, extending the agreement for an additional three (3) years with a retroactive start date of November 1, 2022 through October 31, 2025 for a revised full agreement term of November 1, 2018 through October 31, 2025, and adding$110,945 for a revised total agreement amount not to exceed $207,602.   None None
A 22-578 33.JustAppraised Am.01 Revision 11-2022BoS Agreementa. Ratify the execution by the County Assessor of the non-standard Software-as-a-Service (“SaaS”) Services Agreement (A-15410) between the County of Monterey and Just Appraised Inc. to provide software services with a retroactive start date of July 1, 2021 through September 30, 2022, for a revised total agreement amount of $59,500; and b. Approve and authorize the County Assessor to execute Amendment No. 1 to the SaaS Services Agreement (A-15410) with Just Appraised Inc., extending the agreement for an additional nine (9) month period (retroactively from October 1, 2022) for a revised full agreement term of July 1, 2021 through June 30, 2023, and adding $60,000 for a revised total agreement amount of not to exceed $119,500; and c. Approve nonstandard provisions in the SaaS Services Agreement and Amendment No. 1 as recommended by the County Assessor; and d. Approve and Authorize the Assessor, or designee, to sign up to three (3) future one (1) year amendments to this agreement where the amendments do not significantly change the scope of work for a maximum, not to exceed amount of $33   None None
22-1056 34.RMA Restructure OrdinanceGeneral Agenda ItemIntroduce, waive reading, and set December 6, 2022 at 10:30 a.m. as the date and time to adopt an ordinance amending Chapters 2.12, 2.27, 2.28, 2.29, 2.30, 2.31, 2.36, and 2.56 of the Monterey County Code relating to dissolution of the Resource Management Agency, creation of the Housing and Community Development Department and Public Works, Facilities and Parks Department, and update of the fee for examination of records of survey. Proposed CEQA action: The ordinance is not a project pursuant to CEQA Guidelines section 15378(b)(4) and (5).   None None
22-1069 35.GenasysGeneral Agenda ItemAuthorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to sign an Agreement for an Emergency Notification Platform and Comprehensive Evacuation Management Platform between the County of Monterey and Genasys Inc. in an amount not to exceed $270,000 for a three-year and four-month (40-month) initial term from December 1st, 2022, to March 31st, 2026, with the option to renew annually for five (5) additional 1-year options at $90,000/year.   None None
22-1054 36.Monterey County Law Library / Final Report / FY 2017-18General Agenda ItemAccept the Monterey County Law Library Annual Report, Financial Year 2021-2022.   None None
22-1006 37.Professional Service Agreement with Rincon Consultants, Inc.BoS Agreementa. Approve Amendment No. 2 to Professional Services Agreement No. A-15200 with Rincon Consultants, Inc., for the period of January 1, 2023 to June 30, 2023 to provide Planning Permit Application Review Services and to increase the Agreement amount of $150,000 by $50,000 for a not to exceed amount of $200,000; and b. Authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to execute Amendment No. 2 and future amendments that to do not significantly alter the scope of work or increase the amount payable by more than ten percent (10%), subject to review and approval by County Counsel.   None None
A 22-560 38.Standard Agreement with Dynamic Press Inc., for Printing Services for WeatherTech Raceway Laguna SecaBoS Agreementa. Approve and authorize the Monterey County Laguna Seca Representative to execute a retroactive Standard Agreement between Dynamic Press Inc., and the County of Monterey for printing services for WeatherTech® Raceway at Laguna Seca with a term beginning April 10, 2022, through December 31, 2023, for an amount not to exceed of $30,000; b. Approve and authorize the Monterey County Laguna Seca Representative to execute up to three (3) future amendments to the Standard Agreement where the total amendments do not exceed ten percent (10%), or $3,000, of the agreement amount and do not significantly change the scope of work, subject to County Counsel approval.   None None
A 22-568 39. BoS AgreementApprove and authorize the Monterey County Laguna Seca Representative to: a. Execute a retroactive Standard Agreement between Raul Lozano dba ASAP Signs & Printing and the County of Monterey for Signage and Related Services for Laguna Seca Recreation Area with a term beginning April 1, 2022, through December 31, 2023, and for a total not-to-exceed agreement amount of $75,000; b. Execute up to three (3) future amendments to the Standard Agreement where the total amendments do not exceed ten percent (10%), or $7,500, of the agreement amount and do not significantly change the scope of work, subject to County Counsel approval.   None None
A 22-576 40.Approval A-2 with Fleet Auto Body Repair AgreementsBoS Agreementa. Approve and authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to execute Amendment No. 2 to Standard Agreement No. A-14976 between the County of Monterey and Delcas Auto Collision, Inc., to increase the not to exceed amount by $250,000, for a total not to exceed amount of $400,000, and Amendment No. 2 to Standard Agreement No. A-14977 between the County of Monterey and Salinas Valley Ford Sales Inc., dba Salinas Collision Repair, to increase the not to exceed amount by $125,000, for a total not to exceed amount of $400,000; and b. Authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to execute up to two additional amendments to Standard Agreement No. A-14976 where each amendment does not increase the not to exceed amount by ten percent (10%) of the original Agreement amount ($150,000), and two additional amendments to Standard Agreement No. A-14977 where each amendment does not increase the not to exceed amount by ten percent (10%) of the original Agreement amount ($250,000), subject to prior review and approval by County Couns   None None
A 22-581 41.Cong Panetta Lease AgreementBoS Agreementa. Approve and authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to execute a Lease Agreement, effective on or about December 1, 2022 or as mutually agreeable by and between the Parties and expiring on January 2, 2023, with Jimmy Panetta, 20th District Congressman, a Member of the United States House of Representatives for the 117th Congress for approximately 2,000 square feet of general office space located at 1200 Aquajito Road, Suite 3, Monterey, California for $2,880 per month, in a form substantially similar to the proposed Lease Agreement set forth in Attachment A; b. Approve and authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to execute a Lease Agreement, effective on or about January 3, 2023 or as mutually agreeable by and between the Parties and expiring on January 2, 2025, with Jimmy Panetta, 20th District Congressman, a Member of the United States House of Representatives for the 118th Congress for approximately 2,000 square feet of general office space located at 1200 Aquajito Road, Suite 3, Monterey, California f   None None
ORD 22-046 42.Adopt Ordinance to Set Speed Limit - EGCSDOrdinancea. Consider adoption of an ordinance amending Chapter 12.12.10 of the Monterey County Code to set a speed limit of twenty-five (25) miles per hour (MPH) on the entirety of Watkins Gate Road and West Camp Street in the East Garrison community; and b. Find that the adoption of the ordinance is categorically exempt per Section 15301(c) of the California Environmental Quality Act (CEQA) Guidelines. CEQA Action: Categorically Exempt.   None None
A 22-583 43.Approve Three (3) On-Call Plumbing Repair Maintenance AgmtsBoS Agreementa. Approve Standard Agreements with the following three (3) contractors: ACCO Engineered Systems, Inc. dba Geo H. Wilson Mechanical Contractors, George Wilson’s Plumbing, Inc., and Val's Plumbing & Heating, Inc. to provide on-call plumbing repair and maintenance services for County facilities, awarded under RFP #10870, amounts not to exceed $150,000 each, for a term of three (3) years beginning October 25, 2022 to October 24, 2025, with the option to extend each Agreement for up to two (2) additional years; and b. Authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to execute the Standard Agreements and future amendments to each Agreement where the amendments do not increase the approved amount of each Agreement more than ten percent (10%) of the original Agreement amount, subject to the review and approval as to form of any future amendments by the Office of the County Counsel.   None None
ORD 22-048 44.Adopt Ordinance to Set Speed Limit & Prohibit ParkingOrdinancea. Consider adoption of an ordinance amending Title 12 of the Monterey County Code to: i. Amend Section 12.12.010 to establish a 45-mph speed limit on San Miguel Canyon Road from a point 250 feet south of Wilson Way to its intersection with Hall Road; and ii. Amend Section 12.28.010 to prohibit parking on both sides of San Juan Grade Road from Crazy Horse Canyon Road and continuing north along San Juan Grade Road to the County limit boundary. CEQA Action: Categorically Exempt per CEQA Guidelines Section 15301(c).   None None
RES 22-206 45.Resolution to increase appropriations for OES GeneratorsBoS ResolutionAdopt a resolution to: Authorize and direct the Auditor-Controller to amend the Fiscal Year (FY) 2022-23 Adopted Budget, General Fund, Fund 001, Facility Services, Unit 8552, Appropriation Unit PFP054, to increase appropriations by $59,157, to pay the vendor cancellation fee for a cancelled generator and automatic transfer switch order for a project planned at the Government Center, 168 W. Alisal, Salinas, financed by a decrease in appropriations of $59,157 from General Fund Contingencies, Fund 001, Unit 8034, Appropriation Unit CAO020 (4/5th vote required).   None None