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CS 23-020
| 1. | BoS 03-21-2023 Closed Session | Closed Session | Closed Session under Government Code section 54950, relating to the following items:
a. Pursuant to Government Code section 54956.9(d)(1), the Board will confer with legal counsel regarding existing litigation:
(1) Vincent Hernandez (Worker’s Compensation Appeals Board No. ADJ9074552)
(2) Vincent Hernandez (Worker’s Compensation Appeals Board No. ADJ9074553)
(3) Mitchell, Daniel v. Moses, et al. (Monterey County Superior Court case no. 19CV001523)
b. Pursuant to Government Code sections 54956.9(d)(2) and 54956.9(d)(4), the Board will confer with legal counsel regarding one matter of significant exposure to litigation and/or potential initiation of litigation.
c. Pursuant to Government Code section 54956.9(d)(2), the Board will confer with legal counsel regarding four matters of significant exposure to litigation.
d. 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 Y
(2) Designated representatives: Irma Ramirez-Bough and Ariana Hurtado | | |
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CR 23-041
| 2. | | Ceremonial Resolution | Adopt a resolution proclaiming March 2023 as American Red Cross Month. (Supervisor Alejo) | | |
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OBM 23-041
| 3. | See Supplemental Sheet | Other Board Matters | See Supplemental Sheet | | |
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23-170
| 5. | 2022 HR Department Surveys | General Agenda Item | Receive a report on the 2022 Human Resources Department Surveys | | |
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RES 23-048
| 6. | Davis Road Interest and Necessity | BoS Resolution | Adopt a Resolution of Necessity 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.
California Environmental Quality Act Action: Environmental Impact Report certified by the Board of Supervisors on July 11, 2016.
Project Location: Davis Road between Blanco Road and Reservation Road, south of the City of Salinas.
Property Owners of Record: Susan E. Linscott, Christopher George Davis, Eric Lee Davis (AKA Eric Verskusky), Lisa Marie Linscott, Heirs and devisees of George L. Davis, Successor trustees and beneficiaries of the Will of George T. Davis, et al. | | |
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RES 23-041
| 7. | Levine Act Policy 3/21/2023 | BoS Resolution | Consider adopting a resolution to:
a. Approve and adopt the Levine Act Policy statement for inclusion in the Board Policy Manual given recent changes to Government Code section 84308, a provision of the Political Reform Act; and,
b. Provide direction to staff as appropriate. | | |
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RES 23-044
| 8. | PLN110173 - September Ranch | BoS Resolution | PLN110173 - SEPTEMBER RANCH PARTNERS (CARMEL RESERVE LLC)
Public hearing to consider:
a. A Resolution amending Figure LU3 of the 2010 Monterey County General Plan, to change the land use designations on 377.69 acres in Carmel Valley from Low Density Residential and Rural Density Residential to Open Space consistent with the approved Vesting Tentative Map for the September Ranch Subdivision (Condition of approval No. 30 in Resolution No. 10-312); and
b. An Ordinance amending Section 21-17A of the Sectional Maps of Section 21.08.060 of Title 21 (zoning) of the Monterey County Code to rezone portions of the September Ranch property from “RDR/10-D-S-RAZ” (northern half) and “LDR/2.5-D-S-RAZ” (southern half) to “O-D-S” (377.69 acres), add a Building Site 6 (B-6) Zoning Overlay Designation to properties designated for residential development in the September Ranch Vesting Tentative Map (Resolution No. 10-312, “condition of approval No. 37), and remove the Residential Allocation Zoning (“RAZ”) zoning overlay from the zoning designations. The resulting zonings will include 4 properties zone | | |
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RES 23-045
| 9. | PLN200118 - Caltrans | BoS Resolution | PLN200118 - CALIFORNIA DEPARTMENT OF TRANSPORTATION (HWY 156 ROUNDABOUTS)
a. Consider the environmental effects of the project described in the Final Environmental Impact Report/Environmental Assessment with Finding of No Significant Impact (FEIR/EA with FONSI) together with NEPA/CEQA Re-Validation Form (aka Addendum) certified by the California Department of Transportation on January 31, 2013 (SCH#1999111063);
b. Adopt a Statement of Overriding Considerations finding that there are benefits of the project (public safety, public access, and relief of congestion) that outweigh significant and unavoidable impacts on the environment (conversion of agricultural land);
c. Approve a Combined Development Permit consisting of:
1. A Coastal Development Permit to allow construction of three new roundabouts to replace the existing Highway 156/Castroville Boulevard intersection, including construction of new on and off ramps, a new bridge overpass, reuse of a portion of the current Castroville Boulevard as a mixed use bicycle and pedestrian path, driveway improvements, a new frontage road, the | | |
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OBM 23-043
| 10. | CAO Comments | Other Board Matters | County Administrative Officer Comments | | |
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OBM 23-044
| 11. | New Referrals | Other Board Matters | New Referrals | | |
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PAR 23-241
| 12. | Receive a report in response to Board Referral No. 2023.01 to allow each supervisorial office greater opportunity to tailor its staffing to meet the needs of its district’s constituents. | General Agenda Item | Receive a report in response to Board Referral No. 2023.01 to allow each supervisorial office greater opportunity to tailor its staffing to meet the needs of its district’s constituents. | | |
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PAR 23-011
| 13. | Preliminary Analysis Report | Preliminary Analysis Report | Receive a preliminary analysis report in response to Board Referral No. 2023.05 seeking to consider an interim ordinance to enact a stay or moratorium on issuance of Administrative Permits for transient use of residential property for remuneration (Inland) under Monterey County Code Section 21.64.280 until new vacation rental regulations are adopted. | | |
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23-244
| 14. | Board Referral No. 2023.04 seeking Storm Recovery Rent Subsidy Program for Farmworkers. | General Agenda Item | a. Receive an oral report regarding the planning and potential implementation of a Storm Recovery Rent Subsidy program for farmworkers negatively impacted by the recent weather disaster events; and
b. Provide direction for implementing a rental assistance program for farm workers affected by the winter storms. | | |
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OBM 23-045
| 15. | Board Comments | Other Board Matters | Board Comments | | |
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A 23-045
| 16. | James Lilja MD Fourth Amendment | BoS Agreement | a. Authorize the Chief Executive Officer for Natividad or his designee to execute the Fourth Amendment to the Professional Services Agreement (A-13538) with James F. Lilja, M.D. dba Bay Area Gynecology Oncology to provide gynecology oncology and urology gynecology services, extending the term by twelve months (April 1, 2023 to March 31, 2024) for a revised full agreement term of February 1, 2018 to March 31, 2024, and adding $350,000 for a revised total not to exceed amount of $1,510,000 in the aggregate; and
b. Authorize the Chief Executive Officer for Natividad or his designee to sign up to three (3) future amendments to this Agreement where the total amendments do not significantly change the scope of work and do not cause an increase of more than ten percent 10% ($41,000) of the original contract amount. | | |
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A 23-061
| 17. | BrainLab Inc. Rental Agreement | BoS Agreement | a. Ratify execution by the Chief Executive Officer for Natividad Medical Center (NMC) a month-to-month short term rental agreement with Brainlab, Inc. for a software-based guided neurosurgery system, for a total amount not to exceed $100,000 and with an effective date of July 21, 2022.
b. Authorize the Chief Executive Officer for Natividad Medical Center (NMC) or his designee to execute a twelve (12) month lease agreement with Brainlab, Inc. for a software-based guided neurosurgery system for an amount not to exceed $330,762 (intended to replace the short term rental agreement), with an agreement term effective when signed by both parties.
c. Approve the NMC Chief Executive Officer’s recommendation to accept non-standard indemnification, insurance, and limitations on liability provisions within both agreements. | | |
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A 23-071
| 18. | UCSF Pediatric Neonatology First Amendment | BoS Agreement | a. Authorize the Chief Executive Officer for Natividad or his designee to execute the First Amendment to the Professional Services Agreement with 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 neonatology services extending the term by twelve months (April 1, 2023 to March 31, 2024) for a revised full agreement term of April 1, 2021 to March 31, 2024, and adding $350,000 for a revised total not to exceed amount of $1,050,000 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% ($70,000) of the original contract amount. | | |
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A 23-072
| 19. | Alan Smith DPM Second Amendment | BoS Agreement | a. Authorize the Chief Executive Officer for Natividad or his designee to execute the Second Amendment to the Professional Services Agreement Alan Smith D.P.M. to provide podiatry services, extending the term by twenty-four months (July 1, 2023 to June 30, 2025) for a revised full agreement term of July 1, 2019 to June 30, 2025, and adding $100,000 for a revised total not to exceed amount of $200,000 in the aggregate; and
b. Authorize the Chief Executive Officer for Natividad or his designee to sign up to three (3) future amendments to this Agreement where the total amendments do not significantly change the scope of work and do not cause an increase of more than ten percent 10% ($10,000) of the original contract amount. | | |
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A 23-065
| 20. | Renewal and Amendment No. 3 with Bi-Optic | BoS Agreement | a. Approve and authorize the Director of Health or the Assistant Director of Health to sign a Renewal and Amendment No. 3 with Bi Optic for the provision of three (3) years of preventative maintenance and service, including minor parts and repairs on laboratory microscopes, extending the agreement for an additional three (3) years, for a revised full term of August 1, 2018, through January 1, 2026, and adding $6,997 to increase the maximum contract liability to $16,993. | | |
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A 23-069
| 21. | Central Coast Center for Independent Living | BoS Agreement | a. Approve and authorize the Director or Assistant Director of the Department of Social Services to execute Amendment #4 to Agreement A-14917 with Central Coast Center for Independent Living to provide long-term support services by adding $39,034 for a revised total contract amount of $382,575; and
b. Authorize the Director or Assistant Director of the Department of Social Services to sign up to three (3) amendments to this Agreement where the total amendments do not exceed ten percent 10% ($38,257) of the revised contract amount and do not significantly change the scope of work. | | |
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A 23-062
| 22. | DMV MOU 2023 | BoS Agreement | Approve and authorize the Chief Information Officer to execute a Memorandum of Understanding and Department of Motor Vehicles Information Security Agreement with the California Department of Motor Vehicles (DMV) providing the County, through its Information Technology Department, with direct access to DMV records for a term of March 14, 2023, through March 13, 2027, at no cost. | | |
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23-198
| 23. | Approve and adopt the proposed amended bylaws of the Monterey County Deferred Compensation Administrative Committee | General Agenda Item | a. Approve and adopt the proposed amended bylaws of the Monterey County Deferred Compensation Administrative Committee. | | |
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A 23-067
| 24. | OpenText SLP | BoS Agreement | a. Authorize the Chief Information Officer to execute a non-standard Agreement with OpenText, incorporating the terms of State of California Software Licensing Program, California Department of General Services contractor Image Access Corp, Contract Number SLP-20-70-0315A, for software, maintenance, implementation, and training as needed for a term of March 21, 2023, to March 20, 2025, for a total contract amount of up to $90,000; and
b. Approve and authorize the Chief Information Officer, to execute order confirmations and such documents as are necessary to implement the agreement for the County’s purchase of products, services, and support; and
c. Accept non-standard agreement terms as recommended by the Chief Information Officer of the Information Technology Department; and
d. Authorize the Chief Information Officer or designee to execute up to three (3) future amendments, subject to County Counsel review, to extend services by one (1) year per amendment and to allow for a ten percent (10%) annual increase per year provided the amendments do not significantly change the terms o | | |
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ORD 23-007
| 25. | MCC Chapter 7.90, 2nd Reading | Ordinance | Adopt an ordinance amending Chapter 7.90 (Commercial Cannabis Permits) of the Monterey County Code to make organizational changes which clarify and simplify permit procedures and requirements for processing and manufacturing activities, be consistent with the regulations of the Department of Cannabis Control, and update requirements for odor control, business owners, and employees. | | |
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RES 23-250
| 25.1 | Amend Personnel Policies and Practices Resolution (PPPR) No. 98-394 to modify Section V Definitions to add a definition for Exempt Classification; | General Agenda Item | Adopt a Resolution to:
a. Amend Personnel Policies and Practices Resolution (PPPR) No. 98-394 to modify Section V Definitions to add a definition for Exempt Classification;
b. Amend Personnel Policies and Practices Resolution (PPPR) No. 98-394 to retitle and modify Section A.8.7 Administrative Leave for Overtime Exempt Classes;
c. Amend Personnel Policies and Practices Resolution (PPPR) No. 98-394 to retitle and modify Sections A.8.9 Additional Pay for Exempt Employees. A.8.9.1 Emergency Compensation for Exempt Classes and A.8.9.2 Declared Local Emergency/Disaster - Pay for Exempt Employees;
d. Direct the Human Resources Department and Auditor-Controller’s Office to implement the changes. (ADDED VIA ADDENDA) | | |
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A 23-081
| 25.2 | | BoS Agreement | a. Approve and authorize Contracts/Purchasing Officer, or the Contracts/Purchasing Supervisor, to execute an agreement with AECOM Technical Services, Inc, for natural disaster cost recovery efforts in an amount not to exceed $750,000 for a term of March 21, 2023 to March 15, 2025;
b. Adopt a resolution to authorize the Auditor-Controller to amend the FY 2022-23 Adopted Budget to increase appropriations by $200,000 for the County Administrative Office, Fund 001, Appropriation Unit CAO005, Budget Unit 8541, in support of the Emergency Operations Center’s FEMA recovery efforts, funded by a release of Cannabis Tax Assignment (001-3132) (4/5ths vote); and,
c. Authorize the use of the Cannabis Tax Assignment (001-3132) for remaining costs of the FEMA recovery efforts in Fiscal Year 2023-24. (ADDED VIA ADDENDA) | | |
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RES 23-046
| 26. | Prohousing Designation Program (PDP) | BoS Resolution | Adoption of a Resolution to:
a. Authorize staff to submit a Prohousing Designation Program (PDP) application administered by the California Department of Housing and Community Development; and
b. Authorize the Housing and Community Development Director or designee to execute all required Agreements and related documents necessary to participate in the program; and
c. Find that these actions are either not a “project” as defined by the California Environmental Quality Act (CEQA) or, if they are viewed as a project, are exempt from CEQA under the “common sense” exemption. | | |
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ORD 23-006
| 27. | Ordinance Amendment - Chapter 16.16 | Ordinance | Introduce, waive first reading, and set April 18, 2023 at 10:30 a.m. as the date and time to consider adoption of an ordinance amending Chapter 16.16 of the Monterey County Code to ensure alignment with federal and state law for continued participation in the National Flood Insurance Program, and to reflect the change in the responsible agency from Monterey County Water Resources Agency to the County of Monterey, Housing and Community Development Department.
Project Location: Countywide
CEQA action: Find that the adoption of the ordinance is categorically exempt per Section 15301(c) of the California Environmental Quality Act (CEQA) Guidelines. | | |
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23-190
| 28. | Approve Acceptance of MBARD AB 2766 Grant for Davis Rd Bridge Project | General Agenda Item | Approve the acceptance of a $350,000 grant for the roundabout portion of the Davis Road Bridge Replacement and Road Widening Project (Project) from the Monterey Bay Air Resources District (MBARD) AB 2766 grant program. | | |
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A 23-068
| 29. | SA with NorCal Rental Group DBA Cresco Equipment Rentals | BoS Agreement | Approve and authorize the Monterey County Laguna Seca Representative to:
a. Execute a Standard Agreement between Norcal Rental Group LLC dba Cresco Equipment Rentals and the County of Monterey for Golf Cart Rentals and Service for WeatherTech® Raceway at Laguna Seca with a term beginning April 1, 2023, through December 31, 2023, for an amount not to exceed of $165,000; and
b. Execute up to three (3) future amendments to the Standard Agreement where the total amendments do not exceed ten percent (10%), or $16,500, of the agreement amount and do not significantly change the scope of work, subject to County Counsel approval. | | |
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ORD 23-008
| 30. | Consider Adoption Amending Title 12 All-Way Stop | Ordinance | a. Find that the adoption of this ordinance is categorically exempt per California code of Regulations (CCR) Section 15301(c) of the California Environmental Quality Act (CEQA) Guidelines because the action involves negligible changes to the regulations that govern the existing highways and streets.
b. Consider adoption of an ordinance amending Title 12 of the Monterey County Code to establish all-way stop control at Boronda Road and Calle del Adobe, in the Boronda area, an unincorporated area of the County of Monterey.
Proposed CEQA Action: Find that the adoption of this ordinance is categorically exempt per California code of Regulations (CCR) Section 15301(c) of the California Environmental Quality Act (CEQA) Guidelines because the action involves negligible changes to the regulations that govern the existing highways and streets. | | |
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23-251
| 31. | | General Agenda Item | Addenda/Supplemental
Added Under Consent - General Government
25.1 Adopt a Resolution to:
a. Amend Personnel Policies and Practices Resolution (PPPR) No. 98-394 to modify Section V Definitions to add a definition for Exempt Classification;
b. Amend Personnel Policies and Practices Resolution (PPPR) No. 98-394 to retitle and modify Section A.8.7 Administrative Leave for Overtime Exempt Classes;
c. Amend Personnel Policies and Practices Resolution (PPPR) No. 98-394 to retitle and modify Sections A.8.9 Additional Pay for Exempt Employees. A.8.9.1 Emergency Compensation for Exempt Classes and A.8.9.2 Declared Local Emergency/Disaster - Pay for Exempt Employees;
d. Direct the Human Resources Department and Auditor-Controller’s Office to implement the changes.
25.2
a. Approve and authorize Contracts/Purchasing Officer, or the Contracts/Purchasing Supervisor, to execute an agreement with AECOM Technical Services, Inc, for natural disaster cost recovery efforts in an amount not to exceed $750,000 for a term of March 21, 2023 to March 15, 2025;
b. Adopt a resolution to authorize the Au | | |
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