Meeting Name: Board of Supervisors Agenda status: Final-Revised
Meeting date/time: 1/25/2022 9:00 AM Minutes status: Final  
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CS 22-003 1.BoS 01-25-2022 Closed SessionClosed SessionClosed Session under Government Code section 54950, relating to the following items: a. Pursuant to Government Code section 54957(a), the Board will confer with County Counsel regarding matters posing a threat to the security of public buildings, essential public services, or the public’s right of access to public services or facilities. b. Pursuant to Government Code section 54957.6, the Board will provide direction to negotiators: (1) Designated representatives: Irma Ramirez-Bough and Kim Moore Employee Organization(s): All Units c. Pursuant to Government Code section 54956.9(d)(1), the Board will confer with legal counsel regarding existing litigation: (1) Guadalupe Rivera, et al. v. County of Monterey, et al. (United States District Court for the Northern District, Case No. 20CV07665-SVK) d. Pursuant to Government Code section 54957(b)(1), the Board will confer regarding appointment to the position of Natividad Medical Center Chief Executive Officer.   Action details None
CR 22-001 2.Ceremonial Resolution - Don HarveyCeremonial ResolutionAdopt a resolution recognizing Captain Don Harvey upon his retirement after 26 ½ years of loyal service to North Monterey County Fire Protection District. (Supervisor Phillips)adoptedPass Action details None
CR 22-005 3.Ceremonial Resolution - Chief Michael UrquidesCeremonial ResolutionAdopt a resolution commending Fire Chief Michael B. Urquides for thirty-four years of service to the Monterey County Regional Fire Protection District.adoptedPass Action details None
CR 22-006 4.Ceremonial Resolution - Gloria PerezCeremonial ResolutionAdopt a resolution honoring Gloria Perez upon her retirement after forty-two years of service with the Monterey County Treasurer-Tax Collector’s Revenue Division. (Supervisor Alejo)adoptedPass Action details None
APP 22-019 5.Notification to Clerk of Appt. - KreyenhagenAppointmentReapoint Kevin Kreyenhagen to the Fish and Game Commission, with a term ending date of February 1, 2025. (Nominated by Supervisor Adams, District 5)reappointedPass Action details None
APP 22-020 6.Notification to Clerk of Appt. - O'ConnellAppointmentAppoint Ryan O’Connell to the CSA 15 Serra Village, with a term ending date of June 30, 2024. (Nominated by Supervisor Adams, District 5)appointedPass Action details None
APP 22-021 7.Notification to Clerk of Appt. - StrobridgeAppointmentReappoint Carla Strobridge to the Animal Control Program Advisory Board, with a term ending date of July 1, 2023. (Nominated by Supervisor Lopez, District 3)reappointedPass Action details None
APP 22-022 8.Notification to Clerk of Appt. - Belinda TalubanAppointmentReappoint Belinda Taluban to the Historic Resources Review Board, with a term ending date of December 31, 2024. (Nominated by Supervisor Phillips, District 2)reappointedPass Action details None
APP 22-023 9.Notification to Clerk of Appt - Nona ChildressAppointmentReappoint Nona Childress to the Commission on Disabilities, with a term ending date of December 31, 2024. (Nominated by the Commission on Disabilites)reappointed  Action details None
OBM 22-010 10.See Supplemental SheetOther Board MattersSee Supplemental Sheetapproved on consent calendar   Action details None
OBM 22-006 11.Gen Public CommentOther Board MattersGeneral Public Commentsgeneral public comments made  Action details None
22-085 12.Annual Carmel Valley Traffic ReportGeneral Agenda ItemConduct a public hearing to receive and accept the 2021 Annual Carmel Valley Traffic Report on traffic volumes for Segments 3, 4, 5, 6, 7, and 10 (on Carmel Valley Road), pursuant to the 2010 General Plan, Carmel Valley Master Plan (CVMP).approvedPass Action details None
22-091 13.COVID-19 UpdateGeneral Agenda Itema. Briefing and update on Covid19, including impacts, and action, proposals and plans to address (oral report). b. Provide direction to staff to address Covid-19.approved - agricultural commissioner  Action details None
A 22-007 13.1Dowd Resolution and Grant Agreement with NMFBoS AgreementAdopt a resolution to: a. Accept a grant (“Grant”) from the Natividad Medical Foundation (“NMF”) in the amount of $1,000,000, inclusive of $18,560.66 in in-kind support in the form of architectural services already rendered by NMF, for proposed improvements to three distinct exterior areas of the grounds of Natividad Medical Center (“the Improvements”); and b. Authorize the Interim Chief Executive Officer or his designee to execute a Grant Agreement with NMF in the amount of $1,000,000, inclusive of $18,560.66 in in-kind support in the form of architectural services already rendered by NMF, for the Improvements, in substantially the same form as that which has been presented to the Board without significant change to its content; and c. Authorize the Interim Chief Executive Officer of Natividad Medical Center or his designee to accept, administer, and execute documents to secure the Grant from NMF. (MOVED VIA SUPPLEMENTAL)approved - agricultural commissionerFail Action details None
ORD 22-003 14.Ban Flavored Tobacco and Single Use Electronic CigarettesOrdinancea. Introduce, waive reading, and set February 8, 2022 at 10:30 a.m. as the date and time to consider adoption of an ordinance amending Chapter 7.80 of the Monterey County Code to ban the sale of flavored tobacco products and single use electronic cigarettes; and b. Provide direction to staff as appropriate.approved - agricultural commissionerPass Action details None
RES 22-014 15.PLN190252 - KostigenBoS ResolutionPLN190252 - KOSTIGEN GREGORY A & DONNA STARKS TRS Public hearing to consider: a. Finding that the project involves construction of three retaining walls, installation of drainage culvert improvements, and acceptance of an amended Conservation and Scenic Easement Deed, which qualifies as a Class 3 and Class 17 Categorical Exemption pursuant to section 15303 and 15317 of the CEQA Guidelines and no exceptions under section 15300.2 apply; b. Accepting the Amended Conservation and Scenic Easement Deed for the Kostigen & Starks TRS property; c. Authorize the Chair to execute the amended Conservation and Scenic Easement Deed; d. Directing the Clerk of the Board to submit the amended Conservation and Scenic Easement Deed and Map to the County Recorder for recording with all applicable recording fees paid by the applicant; and e. Approving an after-the-fact Coastal Development Permit and Design Approval to partially clear Code Enforcement violation (19CE00007) to allow development on slopes exceeding 30% for the construction of three retaining walls and installation of drainage culvertapprovedPass Action details None
22-084 16.First Substantial Amendment to the Monterey Urban County 2021-2022 Community Development Block Grant (CDBG) Annual Action PlanGeneral Agenda Itema. Accept public comments and close the public comment period for the First Substantial Amendment to the Monterey Urban County 2021-2022 Community Development Block Grant (CDBG) Annual Action Plan; b. Adopt and authorize the Housing and Community Development Director to submit the First Substantial Amendment to the 2021-2022 Annual Action Plan to the U.S. Department of Housing and Urban Development; c. Authorize the Housing and Community Development Director to execute a Subrecipient Agreement in the amount $80,500.00 with the Veterans Transition Center, including making minor changes as necessary, subject to review and approval by County Counsel, to implement the First Substantial Amendment to the 2021-2022 Annual Action Plan; and, d. Direct the Auditor-Controller to amend the FY2021-22 Housing and Community Development (HCD) Adopted Budget to increase appropriations and revenue for Community Development Grant (013-3100-8546-HCD005) by $202,800, financed by CDBG funds from prior years to implement the First Substantial Amendment to the 2021-2022 Annual Action Plan.approved - agricultural commissioner  Action details None
OBM 22-008 17.New ReferralsOther Board MattersNew Referralsno comments or referrals read  Action details None
OBM 22-005 18.CAO CommentsOther Board MattersCounty Administrative Officer Commentsmade  Action details None
22-070 19.Board Referral 2021-23 Director of Homeless TrategiesGeneral Agenda Itema. Receive status update on Board referral No. 2021.23 seeking to create a new management position of Monterey County Director of Homeless Strategies and Services b. Provide direction to staff as necessaryreceivedPass Action details None
OBM 22-011 20.Board Comments 1-25-22Other Board MattersBoard Commentsmade  Action details None
22-095 21. General Agenda ItemItem Removed. Moved to 1:30 P.M. - Scheduled Matters, Item 13.1.recitedPass Action details None
A 22-009 22.Hologic AgreementBoS Agreementa. Authorize the Interim Chief Executive Officer for Natividad Medical Center (NMC) or his designee to execute an agreement with Hologic, Inc. for Digital Breast Tomosynthesis data conversion services for an amount not to exceed $8,000 with a retroactive agreement term of November 1, 2021 through October 31, 2022. b. Approve the Interim NMC Chief Executive Officer’s recommendation to accept non-standard limitations on liability, and limitations on damages provisions within the agreement.approved - natividad medical centerPass Action details None
A 22-011 23.Optuminsight Amendment 4BoS AgreementAuthorize the Interim Chief Executive Officer for NMC or his designee to execute an amendment No. 4 to the agreement (A-14280) with Optuminsight, Inc. for perioperative and case advisor consulting services to analyze and advise regarding the quantity and quality of certain patient procedures, adding $234,000 for a revised total agreement amount not to exceed $2,454,000, with no change to the agreement term March 26, 2019 through March 31, 2025.approved - natividad medical centerPass Action details None
A 22-014 24.Oak Grove Center AgreementBoS Agreementa. Approve and authorize the Director of Health or Assistant Director of Health to execute a Mental Health Services Agreement, retroactive to November 1, 2021 through June 30, 2024, with Oak Grove Institute Foundations, Inc. dba Oak Grove Center for the provision of Short Term Residential Therapeutic Program and mental health services in the amount of $343,944 for Fiscal Year (FY) 2021-22, $515,916 for FY 2022-23, and $515,916 for FY 2023-24, for a total Agreement amount not to exceed $1,375,776; and b. Approve and authorize the Director of Health or Assistant Director of Health to approve up to three (3) future amendments that do not exceed ten percent (10%) ($13,757.76) of the original Agreement amount and do not significantly change the scope of services.approved - health departmentPass Action details None
A 22-015 25.A&A Health ServicesBoS Agreementa. Approve and authorize the Director of Health or Assistant Director of Health to execute a new five-month Mental Health Services Agreement with A&A Health Services, LLC for the provision of mental health services to Monterey County adult residents with severe psychiatric disabilities in a Board and Care facility, for a maximum County obligation of $155,495 for the term of February 1, 2022 through June 30, 2022; and b. Approve and authorize the Director of Health or Assistant Director of Health to approve up to three (3) future amendments that do not exceed ten percent (10%) ($15,549) of the original Agreement amount and do not significantly alter the scope of services.approved - health departmentPass Action details None
A 22-018 26.EMS/American Heart Association AgreementBoS Agreementa. Approve and authorize the Director of Health, Assistant Director of Health, or the Emergency Medical Services (EMS) Agency Director to execute a Third Party Organizer Super User Agreement with the American Heart Association (AHA) to furnish access to the Stroke and Coronary Artery Disease (CAD) modules of the Get With The Guidelines® (GWTG) Program via a Super User Account that permits access to a Limited Data Set from participating hospitals for a period of five years in the amount of $10,769 per year; and b. Approve nonstandard indemnification provisions as recommended by the Director of Health; and c. Authorize the Director of Health, the Assistant Director of Health, or the Emergency Medical Services Director, to sign up to three (3) future amendments to this Agreement where each amendment does not exceed ten percent (10%) ($1,076.90) of the original amount and does not significantly change the scope of work.approved - health departmentPass Action details None
A 22-016 27.Activate CareBoS Agreementa. Approve and authorize the Acting Contracts and Purchasing Officer to sign an Agreement with Accountable Care Transactions, Inc. dba Activate Care for the provision of software license subscription, software maintenance/support in a vendor hosted data environment, and professional services for the implementation of a case management solution for the period of January 25, 2022 through January 24, 2025 in an aggregate amount not to exceed $260,000; and b. Approve the Director of Health’s recommendation to accept the non-standard risk provisions in this Agreement (indemnification, limitation of liability, disclaimer of warranty, insurance); and c. Authorize the Director of Health or her designee to execute amendments over the term of the agreement to incorporate statements of work (“SOWs”) into the Agreement, subject to further County Counsel and County Auditor-Controller approval, so long as the SOWs do not significantly change the scope of work and do not change the maximum liability of the Agreement; and d. Approve and authorize the Acting Contracts and Purchasing Officer to appapproved - health departmentPass Action details None
22-083 28.STRYVE ARPAGeneral Agenda Itema. Approve a request to use unexpended FY 2020-21 American Rescue Plan Act (ARPA) funds allocated to the Health Department in the amount of $879,250 to enhance Crime Prevention Through Environmental Design (CPTED) efforts in Salinas and Greenfield from March 1, 2022 through December 31, 2024; and b. Approve the request for the implementation of CPTED in two additional Salinas schools and one location in Greenfield such as Greenfield High School, along with the surrounding neighborhoods.approved - health departmentPass Action details None
A 22-020 29.USC TeleHealth MHSABoS Agreementa. Approve and authorize the Director of Health or Assistant Director of Health to sign a three-year term Mental Health Services Agreement (February 1, 2022 to June 30, 2024) with the University of Southern California for the provision of “Teletherapy,” for ages 12 and above who live in underserved geographic areas of Monterey County in the amount of $193,009 for Fiscal Year (FY) 2021-22, $218,292 for FY 2022-23 and $218,953 for Fiscal Year FY 2023-24 for a total Agreement amount not to exceed $630,254; and b. Approve and authorize the Director of Health or Assistant Director of Health to approve up to three (3) future amendments that do not exceed ten percent (10%) ($63,025) of the original Agreement amount and do not significantly alter the scope of services.approved - health departmentPass Action details None
22-059 30. General Agenda Itema. Authorize the Contracts/Purchasing Officer or Contracts Purchasing Supervisor to execute a Renewal and Amendment to the Agreement between Hayashi and Wayland and the County, for auditing services for the Office of the District Attorney, extending the agreement to December 31, 2024 and increasing the total amount payable to $150,180; and b. Authorize the Contracts/Purchasing Office or Contract Purchasing Supervisor to issue purchase orders on an as-needed basis pursuant to this Renewal and Amendment over the period July 1, 2021 through December 31, 2024.approvedPass Action details None
RES 22-018 31.ARPA Economic RecoveryBoS ResolutionAdopt a Resolution to: a. Authorize the Assistant County Administrative Officer and/or the Economic Development Manager to execute an Agreement for ARPA Economic Recovery Countywide Business Retention Standard Agreement for Monterey County Business Council to perform all tasks necessary to develop and implement business retention programming in Monterey County, for the period of three (3) years, for the term January 25, 2022 through December 31, 2024, in the amount not to exceed $3,000,000; and b. Authorize the Auditor-Controller to amend the FY 2021-22 County Administrative Office Development Set-Aside Adopted Budget 001-1050-CAO036-8512 to increase appropriations by $500,000, financed by an increase in non-program revenue 001-1050-CAO019-8041 funded by ARPA revenue (4/5th vote required);adoptedPass Action details None
22-026 32.CalTRECS MOUGeneral Agenda ItemApprove and authorize the Treasurer-Tax Collector, on behalf of Monterey County, to sign and execute an Amendment to the Memorandum of Understanding (Amendment) Between the California State Association of Counties - Finance Corporation (CSAC FC) Tax Refund Exchange and Compliance System (Cal-TRECS) and the County of Monterey and sign all necessary related documents that add clarifying language to Section IV of the existing MOU subject to review and approval by the Office of the County Counsel as to form.approvedPass Action details None
A 22-013 33.Equinix LLC Order #5BoS Agreementa. Authorize the Director of the Information Technology Department or his designee to execute an Order Form with Equinix, LLC. for continued colocation of County technology infrastructure within an Equinix-hosted facility, for an additional 5 years, resulting in a revised agreement term of July 25, 2017 through October 14, 2026, adding an additional $375,122 for a total agreement amount of $579,907; and b. Accept additional non-standard contract provisions as recommended by the Director of Information Technology; and c. Authorize the Director of Information Technology or his designee to execute order forms and change order forms as necessary to secure services as required by the County; and d. Authorize the Director of Information Technology to sign up one (1) amendment to this Agreement, extending the term by one year, where the additional costs per year do not exceed ten percent (10%) of the cost of the prior year, subject to County Counsel review, and provided that the terms and conditions of the agreement remain substantially the same.approvedPass Action details None
22-061 34.01.25.2022 Miramonte ReorganizationGeneral Agenda ItemApprove Property Tax Transfer for the proposed “Miramonte Reorganization” involving Sphere of Influence amendment, annexation of approximately 647 acres to the City of Soledad and detachments from the Monterey County Resource Conservation District, the Soledad Mission Recreation District and the Mission Soledad Rural Fire Protection District.approvedPass Action details None
22-082 35.Treasury Quarterly Investment Report 12.31.21General Agenda ItemReceive and Accept the Treasurer’s Report of Investments for the Quarter Ending December 31, 2021.approvedPass Action details None
RES 22-016 36.UASI GrantBoS ResolutionAdopt a resolution authorizing the Emergency Services Manager to execute a Master Agreement between the County of Monterey and the City and County of San Francisco. The term of this Agreement shall commence on December 1, 2021 and shall end at 11:59 p.m. San Francisco time on November 30, 2025.adoptedPass Action details None
RES 22-015 37.Water Resources TechnicianBoS ResolutionAdopt a Resolution to: a. Amend the Housing and Community Development Department Budget Unit Environmental Services (001-3100 -8543-HCD002) to authorize one (1) FTE Water Resources Technician; and b. Direct the Auditor-Controller and County Administrative Office to incorporate the approved position changes in the FY 2021-22 Housing and Community Development Department Adopted Budget (001-3100-8543-HCD002).adoptedPass Action details None
22-069 38.PLN210263 - Conservancy for the Range of the CondorGeneral Agenda Itema. Accept an Amended Conservation and Scenic Easement Deed for the Conservancy for the Range of the Condor properties; b. Authorize the Chair of the Board of Supervisors to execute the Amended Conservation and Scenic Easement Deed; and c. Direct the Clerk of the Board to submit the Amended Conservation and Scenic Easement Deed to the County Recorder for recordation; and d. Find that execution of the Amended Conservation and Scenic Easement Deed is categorically exempt under CEQA Guidelines section 15317 (Conservation and Scenic Easement Deed Amendment - PLN210263/Conservancy for the Range of the Condor, Lots 1 and 8 of the Rocky Creek Ranch Subdivision, Big Sur (Assessor's Parcel Numbers 418-132-001-000 and 418-132-008-000), Big Sur Land Use Plan, Coastal Zone)approvedPass Action details None
22-081 39.PLN160117 - El Why Square LLCGeneral Agenda Itema. Find that the project involves a Conservation and Scenic Easement Deed, which qualifies as a Class 17 Categorical Exemption pursuant to section 15317 of the CEQA Guidelines and no exception under section 15300.2 applies; b. Approve and accept a Conservation and Scenic Easement Deed of approximately 0.47 acres of 008-491-021-000 as a required condition of approval for Planning Commission Resolution 17-032 (File No. PLN160117). 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 Easement Deed - PLN160117, El Why Square LLC, 3168 Seventeen Mile Drive, Pebble Beach)approvedPass Action details None
RES 21-214 40.Grant Funding for CRFREEBoS ResolutionAdopt a resolution to: a. Authorize and direct the Auditor-Controller to increase fiscal year 2021-22 appropriations and revenue in Public Works, Facilities and Parks (PWFP), Fund 404, Appropriation Unit PFP057, Unit 8564 for the Carmel River Floodplain Restoration and Environmental Enhancement Project (CRFREE), in the amount of $937,637 with currently held grant funds from the Department of Water Resources, the National Fish and Wildlife Foundation, and the Wildlife Conservation Board. 4/5ths vote required; and b. Approve and authorize the Director of Housing and Community Development (HCD), as the successor to the Director of the Resource Management Agency (RMA) to execute grant funding agreements from the Department of Water Resources (DWR) Coastal Watershed Flood Risk Reduction Grant Program for $5,147,149, and the California State Coastal Conservancy (SCC) grant for $4.25 million, for the CRFREE Project, with the approval of County Counsel; and c. Authorize Director of the Housing and Community Development to sign any agreement, amendment, or extensions, and documentation requiadopted - agricultural commissioner  Action details None
22-075 41.CHISPA Parcel Transfer to East Garrison Phase 2 DevelopersGeneral Agenda Itema. Approve the Quitclaim Deed between the County and UCP East Garrison LLC, for the conveyance of an approximately 7,197 square foot vacant lot located on a portion of Assessor’s Parcel Number 031-161-032, further identified as being off of Watkins Gate Road within the County of Monterey jurisdictional limits, pursuant to the Disposition and Development Agreement dated October 4, 2005; b. Authorize the Public Works, Facilities, and Parks Director to execute the Quitclaim Deed, and any related documents needed to complete the transaction, subject to the review and approval of the Office of the County Counsel; and c. Find that the subject parcel transfer is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15312.approvedPass Action details None
22-055 42.Approve Non-Standard Agreement with TK Elevator Corporation for Elevator Maintenance and Repair ServicesGeneral Agenda Itema. Approve and authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to execute a Non-Standard Agreement with TK Elevator Corporation in an amount not to exceed $300,000 for elevator maintenance and repair services; b. Approve non-standard insurance and indemnification contract provisions as recommended by the Director of Public Works, Facilities & Parks; and c. Authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to sign, subject to prior review and approval as to form by the Office of the County Counsel-Risk Management, amendments to the Agreement provided that said amendments do not significantly change the terms of the Agreement or increase the not to exceed amount by ten percent (10%) of the original Agreement amount.approved - agricultural commissionerPass Action details None
ORD 22-002 43.Potrero Road No Overnight Parking Urgency OrdinanceOrdinanceIntroduce, waive reading, and adopt an urgency ordinance to prohibit overnight parking from 10:00 pm to 6:00 am on Potrero Road: on the south side, from State Route 1, westerly to the terminus of Potrero Road at the north side of the Salinas River State Beach parking lot; and on the north side, from the centerline of Laguna Place westerly to the terminus of Potrero Road at north side of the Salinas River State Beach parking lot, in the unincorporated area of Monterey County. (4/5ths vote required).   Action details None