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CS 17-063
| 1. | BoS 12-05-2017 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) Aera Energy LLC v. County of Monterey, et al. (Monterey Superior Court case no. 16CV003980)
(2) California Resources Corporation v. County of Monterey, et al. (Monterey Superior Court case no. 17CV000790)
(3) Chevron U.S.A. Inc., et al. v. County of Monterey, et al. (Monterey Superior Court case no.16CV003978)
(4) Eagle Petroleum LLC v. County of Monterey, et al. (Monterey Superior Court case no. 17CV000935)
(5) National Association of Royalty Owners-California, Inc., et al. v. County of Monterey, et al., (Monterey Superior Court case no. 17CV000871)
(6) Trio Petroleum LLC, et al. v. County of Monterey, et al. (Monterey Superior Court case no. 17CV001012)
(7) State of California, et al. v. Jefferson Sessions, et al. (United States District Court case no. 17-CV-4701-WHO)
(8) County of Santa Clara, et al. v. Donald Trump, et al., (United States District Court cas | | |
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17-1206
| 2. | | General Agenda Item | Approval of Consent Calendar (See Supplemental Sheet) | approved | Pass |
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CR 17-130
| 3. | Gary Alan Craft Ceremonial Resolution | Ceremonial Resolution | Adopt Resolution congratulating Gary Alan Craft on his distinguished law enforcement career of over forty-one years. (Full Board) | adopted | Pass |
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CR 17-137
| 4. | Ceremonial Resolution - Fisher | Ceremonial Resolution | Adopt Resolution honoring Probation Officer III, Kathy Fisher upon her retirement from the Monterey County Probation Department after more than twenty-nine years of County service. (Full Board) | adopted | Pass |
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CR 17-136
| 5. | Michael Gross Retirement Resolution | Ceremonial Resolution | Adopt Resolution commending Michael L. Gross, Information Technology Department, upon his retirement from twenty-eight years of Public Service. (Full Board) | adopted | Pass |
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APP 17-167
| 6. | Central California Alliance for Health | Appointment | Reappoint Dr. Roy Schindelheim or appoint Dr. Anthony Chavis as a Provider Representative to the Central California Alliance for Health for a term ending December 31, 2021. (Full Board) | approved | Pass |
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APP 17-158
| 7. | Planning Commission - Wizard | Appointment | Appoint Jonathan Wizard to the Monterey County Planning Commission to fill an unexpired term ending January 27, 2019. (Supervisor Parker) | approved | Pass |
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APP 17-156
| 8. | Area Agency on Aging - Robles | Appointment | Appoint Margarita Robles to the Area Agency on Aging Advisory Council for a term ending January 1, 2021. (Full Board) | approved | Pass |
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APP 17-157
| 9. | Central Calfironia Alliance for Health - Edgcomb | Appointment | Reappoint Julie Edgcomb to the Central Coast Alliance for Health as a Public Representative for a term ending December 31, 2021. (Full Board) | approved | Pass |
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APP 17-155
| 10. | Housing Authority - Dady | Appointment | Reappoint Rita Dady to the Housing Authority of the County of Monterey for a term ending January 12, 2020. (Full Board) | approved | Pass |
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CR 17-138
| 11. | Ceremonil Resolution - TPS | Ceremonial Resolution | Adopt Resolution urging the Federal Government to extend the Temporary Protected Status (TPS) for all (13) nations currently included in the program, and to establish a pathway to permanency for these recipients. (Supervisor Alejo) | adopted | Pass |
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17-1207
| 12. | | General Agenda Item | Board Comments | | |
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17-1208
| 13. | | General Agenda Item | CAO Comments and Referrals | | |
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17-1209
| 14. | | General Agenda Item | General Public Comment | | |
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17-1219
| 14.1 | | General Agenda Item | a. Approve the County of Monterey’s Title VI Implementation Plan;
b. Adopt a resolution authorizing the Auditor-Controller to amend the FY 2017-18 Equal Opportunity Office Budget (001-1080-EQU001-8066) to add one Associate Equal Opportunity Analyst position, increasing appropriations by $68,877 financed by a reduction in appropriations in the County Administrative Office’s IGLA Division (001-1050-CA0004-8054) (4/5ths vote required);
c. Direct the Human Resources Department to implement the changes in the HRM system; and
d. Adopt a Resolution to re-name the Equal Opportunity Office to the Civil Rights Office and change the Titles of the Equal Opportunity Job Classification Series to reflect the name change. | approved | Pass |
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17-1218
| 15. | | General Agenda Item | Introduce, waive reading, and set December 12, 2017, as the date and time to consider adoption of an ordinance to amend Chapter 2.19 of the Monterey County Code to change the name of the Equal Opportunity Office to the Civil Rights Office and re-establish the duties of the Office and Officer. | continued | Pass |
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17-1217
| 16. | | General Agenda Item | Introduce, waive reading, and set December 12, 2017, as the date and time to consider adoption of an ordinance to amend Chapter 2.80 of the Monterey County Code to change the name of the Equal Opportunity Office to the Civil Rights Office and re-establish the duties of the office and officer. | continued | Pass |
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ORD 17-015
| 17. | Commercial Cannabis Regulations | Ordinance | REF150048 - Inland & REF160042 - Coastal
Commercial Cannabis (Marijuana) Regulations
Public hearing to consider:
a. Adoption of an ordinance amending Title 21 (non-coastal zoning ordinance) of the Monterey County Code to regulate medicinal and adult-use commercial cannabis activities in the inland unincorporated area of Monterey County consistent with state law;
b. Adoption of a resolution of intent to:
1. Adopt an ordinance amending the Monterey County Coastal Implementation Plan, Part 1 and Part 2 (Title 20, coastal zoning ordinance) of the Monterey County Code to regulate commercial cannabis activities in the coastal zone of unincorporated Monterey County consistent with state law; and
2. Amend the text of the North County Land Use Plan to allow permitting of commercial cannabis activities at the former Kaiser National Refractories site located at 7697 Highway 1, Moss Landing, notwithstanding the coastal-dependent industrial land use designation on the site;
c. Adoption of an ordinance amending Chapter 7.90 to the Monterey County Code to add commercial adult-use cannabis activi | adopted | Pass |
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17-1216
| 17.1 | Continuance of Public Hearing for Measure Z | General Agenda Item | (Public hearing continued from October 24, 2017) Continue to a date uncertain the public hearing on an ordinance to add Chapter 16.58 to the Monterey County Code to establish exemption procedures for land uses in support of oil and gas operations in order to implement provisions of Measure Z, a voter-approved initiative measure.
Proposed CEQA Action: Statutorily exempt per CEQA Guidelines section 15378(b)(5). | continued | Pass |
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17-1201
| 18. | 2017-18 Legislative Program | General Agenda Item | Consider recommendations from the Legislative Committee to:
a. Adopt the 2017-18 Legislative Program Update;
b. Adopt the 2017 Strategic Grant Services Program;
c. Receive an annual report from the County’s federal legislative advocate, Brent Heberlee (Nossaman LLP);
d. Receive an annual report form the County’s state legislative advocates, Jennifer Capitolo and Ashley Walker (Nossaman LLP);
e. Receive an annual report from the County’s grant consultants, Jennifer Capitolo and Ashley Walker (Nossaman LLP). | approved | Pass |
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RES 17-191
| 19. | New Williamson Act Contracts | BoS Resolution | REF170038- Williamson Act 2018 Contract Applications
Conduct a public hearing to consider seven (7) 2018 Williamson Act Applications and adopt a Resolution to:
a. Find that the project is for Open Space Contracts or Easements which qualifies as a Class 17 Categorical Exemption pursuant to Section 15317 of the CEQA Guidelines, and there are no exemptions pursuant to CEQA Guidelines Section 15300.2;
b. Continue three (3) applications to the 2019 round of applications;
c. Approve a total of four (4) contracts to create three (3) Farmland Security Zones (“FSZ”) and FSZ Contracts and establish one (1) Agricultural Preserve (“AgP”) and Land Conservation Contract;
d. Authorize the Chair to execute the recommended Farmland Security Zone Contracts and Agricultural Preserve Land Conservation Contract; and
e. Direct the Clerk of the Board of Supervisors to record the Farmland Security Zone and Agricultural Preserve Land Conservation Contracts prior to the January 1, 2018 property tax lien date subject to the submittal of recording fees by the property owners of record.
Proposed CE | adopted | Pass |
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RES 17-183
| 20. | PLN160831 Amaral | BoS Resolution | PLN160381 - Amaral Williamson Act Lot Line Adjustment
Public hearing to adopt a resolution for a Lot Line Adjustment of Williamson Act lands between three (3) existing legal lots of 50.957 acres and 106.705 acres subject to Farmland Security Zone Contract No. 2005-007 and 180.00 acres subject to Land Conservation Contract No. 2012-025, resulting in three (3) lots of 83.45, 97.712 and 156.5 acres respectively.
Project Location: Located on Somavia Road, south of Harris Road between Highway 101 and River Road, at the edge of Toro Area Plan and Greater Salinas Area.
Proposed CEQA Action: Categorically Exempt per CEQA Guidelines Section 15305 | adopted | Pass |
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RES 17-187
| 21. | Chualar Sewer Increase - Prop 218 Negative Protest | BoS Resolution | Acting on behalf of County Service Area 75 - Chualar:
a. Conduct a Public Hearing to hear objections to, or protests against, the proposed wastewater service fee increase by property owners within the service area pursuant to Proposition 218 requirements. Said fee increase reflects a Three (3)-Year Phase in and forgiveness of four (4) loans totaling $1,166,483 as public benefit;
b. Direct Clerk of the Board to tabulate and certify assessment ballots received before the conclusion of the public hearing;
c. Determine if a majority protest exists, or, if no majority protest exists;
d. If a majority protest exists, no assessment may be imposed; and
e. If no majority protest exists, adopt a Resolution to approve the proposed wastewater rate increase. | adopted | Pass |
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17-1198
| 22. | Confederate Corners | General Agenda Item | Consider a recommendation from the Legislative Committee to support a proposal to change the name of Confederate Corners, an unincorporated community southwest of the City of Salinas, to Campesino Corners or other name(s) proposed by the community; and to convey the Board’s recommendation to the U.S. Geological Survey, U.S. Board on Geographic Names. | approved | Pass |
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A 17-407
| 23. | Qventas (formerly known as Analytics/MD, Inc.) Amendment #2 | BoS Agreement | a. Authorize the Deputy Purchasing Agent for Natividad Medical Center (NMC) or his designee to execute Renewal and Amendment No. 2 to the Agreement with Qventus (formerly known as AnalyticsMD, Inc.) for operational decision support software at NMC to extend the Agreement term for two (2) additional years (October 29, 2017 through October 28, 2019), for a revised full term of October 29, 2015 through October 28, 2019 and increasing the amount by $190,000 for a revised total agreement amount not to exceed $381,000.
b. Authorize the Deputy Purchasing Agent 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%) ($19,100) of the original cost of the agreement in total. | approved | |
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A 17-432
| 24. | Lease Agreement with Monterey Bay Management Services | BoS Agreement | Authorize execution by the Deputy Purchasing Agent for Natividad Medical Center (NMC) of a three-year renewal lease agreement with Monterey Bay Management Services, LLC (“Lease Agreement”), with a retroactive start date of August 1, 2017 and ending July 31, 2020, for 5,935 square feet of space located at 1441 Constitution Boulevard, Building No. 400, Suite 100, Salinas, California, for use as an eye care facility on the Natividad Medical Center campus at the monthly rate of $13,668.00 and subject to an annual rent adjustment of three percent. | approved | |
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A 17-438
| 25. | Muralidhara Raju MD first amendment | BoS Agreement | a. Authorize the Deputy Purchasing Agent for Natividad Medical Center (NMC) or his designee to execute the First Amendment to the Professional and Call Coverage Services Agreement (A-13055) with Muralidhara R. Raju, M.D. to provide neurosurgery services, extending the term by thirty-six (36) months (January 1, 2018 to December 31, 2020) for a revised full agreement term of March 1, 2016 to December 31, 2020 and adding $200,000 for a revised amount not to exceed $500,000 in the aggregate; and
b. Authorize the Deputy Purchasing Agent for NMC 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% ($30,000) of the original contract amount per each amendment. | approved | |
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A 17-444
| 26. | Authority to Sign Commercial/Payer Agreements/Amendments | BoS Agreement | Authorize the Chief Executive Officer of Natividad Medical Center (“NMC”) until June 30, 2022 to execute agreements/amendments with commercial/private payers, including agreements/amendments containing non-standard risk provisions, for the purpose of adding NMC as an in-network provider of healthcare services for both hospital and professional services and for establishing reimbursement methodologies used in healthcare payments, subject to County Counsel and Auditor-Controller approval. | approved | |
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A 17-445
| 27. | Payment Authorization for additional Microsoft Licenses at NMC per True-up | BoS Agreement | Approve and authorize the Auditor-Controller to process payment in the amount of $121,820.16 to Software House International (SHI) per Quote No. 13796352 on behalf of Natividad Medical Center (NMC) for an additional 721 Microsoft licenses owed and as required by the existing Microsoft Enterprise Enrollment Program Agreement, increasing the total cost of that agreement from $936,040 to $1,057,860.16, with no change to the term of the agreement of September 1, 2015 through August 31, 2018. | approved | |
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A 17-454
| 28. | Natividad Medical Foundation Amendment No. 2 | BoS Agreement | Authorize the Deputy Purchasing Agent for Natividad Medical Center (NMC) or his designee to execute amendment No. 2 to the agreement (A-12650) with Natividad Medical Foundation (NMF) for NMC specially requested services and for NMF’s philanthropic services, extending the agreement an additional two (2) year period (January 1, 2018 through December 31, 2019) for a revised full agreement term of January 1, 2015 through December 31, 2019 and increasing the amount by an additional $1,915,370 for a revised total agreement amount not to exceed $4,609,944. | approved | |
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A 17-447
| 29. | Medical Information Technology, Inc. Amendment No. 2 | BoS Agreement | Authorize the Deputy Purchasing Agent for Natividad Medical Center (NMC) or his designee to execute amendment No. 2 to the agreement (A-13067) with Medical Information Technology, Inc. (MEDITECH) for the addition of a file importer software interface for the MEDITECH system at NMC, adding $36,900 for a revised total agreement amount not to exceed $156,359, and with an implementation term effective on January 1, 2018 through December 31, 2018. | approved | |
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17-1223
| 29.1 | ASC Central Coast College | General Agenda Item | Approve and authorize the Director of Health or Assistant Director of Health to negotiate and execute an Agreement allowing Central Coast College to conduct Veterinary Technician and Veterinarian Assistant classes on site at the Monterey County Animal Services Shelter and to utilize the shelter clinic for spay and neuter services on Animal Services shelter animals, subject to review and approval of the Agreement by County Counsel, Risk Management, and, to the extent there are financial terms, Auditor-Controller. (ADDED VIA ADDENDA) | amended | |
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17-1183
| 30. | 713 La Guardia Lease | General Agenda Item | a. Approve and authorize the Contracts/Purchasing Officer to execute a Fourth Amendment to extend Lease Agreement No. A-08449, effective Januaury 1, 2018, with La Guardia, LLC until December 31, 2018 for 28,244 square feet of general office and training space for use by the Department of Social Services; and
b. Authorize the Auditor-Controller’s Office to make Lease payments of $43,011 in accordance with the terms of the Lease Agreement. | approved | |
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RES 17-198
| 30.1 | Resolution Declaring a Shelter Crisis in Monterey County | BoS Resolution | Adopt Resolution declaring a Shelter Crisis in Monterey County through December 31, 2018, in accordance with Government Code Sections 8698 through 8698.2. (ADDED VIA ADDENDA) | adopted | Pass |
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17-1205
| 31. | BOS SB 190 Fees | General Agenda Item | Authorize the Chief Probation Officer and Public Defender to stop assessing and collecting specified administrative fees charged to the families of youth in the juvenile justice system, effective December 5, 2017 in order to implement SB 190. | approved | |
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17-1184
| 32. | | General Agenda Item | Adopt Resolution to approve the amendments to the Conflict of Interest Code of the Monterey County Office of Education. | approved | Pass |
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17-1193
| 33. | | General Agenda Item | Adopt Resolution to approve the amendments to the Conflict of Interest Code of the North County Recreation and Park District. | approved | Pass |
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17-1196
| 34. | | General Agenda Item | Adopt Resolution to approve the amendments to the Conflict of Interest Code of the Salinas City Elementary School District. | approved | Pass |
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A 17-455
| 35. | Insight Azure Support Agreement | BoS Agreement | a. Approve and authorize the Contracts Purchasing Officer or the Contracts Purchasing Supervisor to execute a State and Local Agency Server and Cloud Enrollment Agreement with Insight Direct USA, Inc. (Insight), a Microsoft licensing reseller, for the purchase of Microsoft government services, data backup software subscriptions and associated maintenance/support, for the period of January 1, 2018 through December 31, 2020 in the maximum amount of $96,859.80; and
b. Accept non-standard contract provisions as recommended by the Director of the Information Technology Department; and
c. Authorize the Contracts/Purchasing Officer to issue purchase orders on an as-needed basis pursuant to this Agreement over the period of January 1, 2018 through December 31, 2020; and
d. Approve and authorize the Contracts/Purchasing Officer to execute a renewal of the Agreement for one (1) additional 36-month term, subject to County Counsel approval, on the same or substantially similar contract terms and to issue purchase orders on an as-needed basis pursuant to Agreement renewal. | approved | |
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RES 17-184
| 36. | RES 17-184 Assessor Fee Schedule Changes | BoS Resolution | Adopt a Resolution to approve the Amendment of Article XIII of the Master Fee Resolution, effective January 1, 2018, to set and authorize the adjusted fees contained in the attachment hereto for the Assessor-Clerk-Recorder’s Office. | adopted | Pass |
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17-1194
| 37. | Certify SOV - November 7, 2017 NMCUSD Election | General Agenda Item | a. Receive the Certified Statement of Votes Cast and declare final the results of the November 7, 2017 North Monterey County Unified School District Election as set forth in the attached document.
b. Declare “elected” the candidate to the office of Trustee Area 2 of the North Monterey County Unified School District Governing Board Member. | approved | |
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RES 17-190
| 38. | 2017 Winter Closure | BoS Resolution | Adopt a Resolution to approve closure of selected County departments and/or divisions for the winter holiday from December 26, 2017 through December 29, 2017 and for this purpose only, waive Ordinance No. 766, fixing the days and hours of operation of County offices. | adopted | Pass |
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RES 17-185
| 39. | CSA 66 Budget Appropriation | BoS Resolution | Adopt a Resolution to authorize the Auditor-Controller to amend the FY 2017-18 adopted budget for County Service Area 66 Las Lomas/Monterra Ranch, Fund 087-3000-8198-RMA083, increasing appropriations in the amount of $40,000 where Fund 087 Unassigned Fund Balance is the financing source (4/5th vote required). | adopted | Pass |
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RES 17-186
| 40. | RMA_Parks Position Reallocation | BoS Resolution | a. Amend the FY 2017-18 Resource Management Agency (RMA), Unit 8172- Planning Budget to reallocate one (1) Historical & Cultural Affairs position to one (1) Management Analyst II position, as indicated in the attached Resolution;
b. Amend the FY 2017-18 RMA, Unit 8173 - Architectural Services Budget to reallocate one (1) Architectural Services Manager position to one (1) Project Manager II, as indicated in the attached Resolution;
c. Amend the FY 2017-18 RMA, Unit 8222 - RMA Administration Budget to reallocate one (1) Senior Account Clerk position to one (1) Accounting Clerical Supervisor position, as indicated in the attached Resolution;
d. Amend the FY 2017-18 RMA, Unit 8444 - Environmental Services to reallocate one (1) Water Resources Technician position to one (1) Water Resources Hydrologist position, as indicated in the attached Resolution; and
e. Authorize the Auditor-Controller and the County Administrative Office to incorporate these changes in the FY 2017-18 Budget. | adopted | Pass |
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A 17-476
| 41. | Lease Agreement with Westat Inc | BoS Agreement | Approve and authorize the Contracts/Purchasing Officer to execute a Lease Agreement, effective upon mutual execution, with Westat, Inc. for a Term of Five (5) Months for the use of “Building G” approximately 2,880 square feet of “Office” space and a 10,000 square foot “Pad” located at 855 E. Laurel Drive Salinas, California 93901. | approved | |
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A 17-451
| 42. | Award Conract to A. Teichert & Son, dba Teichert Construction for State Route 1 Climbing Lane Project | BoS Agreement | a. Award a contract to A. Teichert & Son, dba Teichert Construction, the lowest responsible bidder, for the State Route 1 Climbing Lane, Project No. 8690, in the total amount of $4,731,210;
b. Approve the Performance and Payment Bonds executed and provided by A. Teichert & Son, dba Teichert Construction;
c. Authorize a contingency, not to exceed 10% of the contract amount or $473,121, to provide funding for approved contract change orders;
d. Authorize the Resource Management Agency Director or Resource Management Agency Deputy Director of Public Works & Facilities to execute the contract and, subject to the terms of the Public Contract Code, approve change orders to the contract that do not exceed 10% of the original contract amount and do not significantly change the scope of work; and
e. Authorize the RMA Director or RMA Deputy Director of Public Works & Facilities to execute a Certificate of Completion and record a Notice of Completion with the County Recorder when the Director or Deputy Director determines that the contract is complete in all respects in accordance with Plan | approved | |
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A 17-452
| 43. | Standard Agreements with Associated Right of Way Services, Inc.; Bender Rosenthal, Inc.; Briggs Field Services, Inc. and Overland Pacific & Cutler, LLC | BoS Agreement | a. Approve Standard Agreements with the following four (4) consultants: Associated Right of Way Services, Inc.; Bender Rosenthal, Inc.; Briggs Field Services, Inc.; and Overland, Pacific & Cutler, LLC to provide on-call real estate appraisal and acquisition services under Request for Qualifications #1702, in an amount not to exceed $300,000 each for a combined total of $1,200,000, for a period of three (3) years beginning December 5, 2017 to December 5, 2020, with the option to extend each Agreement for two (2) additional one (1) year period(s); and
b. Authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to execute said Standard Agreements and future amendments to said Agreements where the amendments do not significantly alter the scope of work or change the approved amount of said Agreements. | approved | Pass |
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A 17-453
| 44. | Real Property Agreements with D. Johnston; Cooper; R. Johnston & Joseph Vineyard Estates | BoS Agreement | a. Approve an Agreement for Purchase of Real Property to purchase a Permanent Roadway Easement, and a Temporary Construction Easement (0.028 acres and 0.130 acres, respectively) between County of Monterey and Don Keith Johnston and Susan J. Johnston, husband and wife as joint tenants (APN 424-091-019 & APN 424-091-020), in the amount of $5,000, for Right-of-Way for the construction of Nacimiento Lake Drive Bridge Project, Project No. 2202;
b. Approve an Agreement for Purchase of Real Property to purchase a Permanent Roadway Easement, and a Temporary Construction Easement (0.267 acres and 0.841 acres, respectively) between County of Monterey and Thomas A. Cooper and Randy R. Cooper, husband and wife as joint tenants (APN 424-091-017), in the amount of $7,626, for Right-of-Way for the construction of Nacimiento Lake Drive Bridge Project, Project No. 2202;
c. Approve the Real Property Purchase Agreement to Purchase Permanent Easement, and Temporary Construction Easement (.013 acres and .077 acres, respectively) with Richard C. Johnston and Desariee A. Johnston, husband and wife as | approved | |
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A 17-456
| 45. | Amendment No. 6 to Professional Services Agreement with Quinn Power Systems | BoS Agreement | a. Approve Amendment No. 6 to the Professional Services Agreement (PSA) (Multi-Year Agreement [MYA] #3000 *648) with Quinn Power Systems to continue to provide preventative maintenance and repairs on County of Monterey emergency generators, to increase the not to exceed amount of $100,000 by $50,000 for a total amount not to exceed $150,000, with no extension to the term beginning July 1, 2012 through October 2, 2018; and
b. Authorize the Contracts/Purchasing Officer or the Contracts/Purchasing Supervisor to execute Amendment No. 6 to the Professional Services Agreement. | approved | |
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