9:00 A.M. - Called to Order

The meeting was called to order by Chair Supervisor Mary L. Adams.

Roll Called

Present: 5 - Supervisor Luis A. Alejo, Supervisor Wendy Root Askew and Supervisor John M.

Phillips, appeared in person, and Supervisor Chris Lopez and Supervisor Mary L. Adams,

appeared via video conference

Staff Present

Charles McKee, County Administrative Officer, Les Girard, County Counsel and Valerie Ralph,

Clerk of the Board appeared in person.

Additions and Corrections for Closed Session by County Counsel

There were no additions or corrections to 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)(2), the Board will confer with legal counsel

regarding three matters of significant exposure to litigation.

b. Pursuant to Government Code section 54957.6, the Board will provide direction to negotiators:

(1) Designated representatives: Irma Ramirez-Bough and Ariana Hurtado

Employee Organization(s): Unit X

(2) Designated representatives: Charles J. McKee, CAO, Leslie J. Girard, County Counsel, and Irma

Ramirez-Bough, HR Director

Employee Position: County Administrative Officer.

(3) Designated representatives: Charles J. McKee, CAO, Leslie J. Girard, County Counsel, and Irma

Ramirez-Bough, HR Director

Employee Position: Agricultural Commissioner.

c. Pursuant to Government Code section 54957(b)(1), the Board will confer regarding

appointment/recruitment to the position of County Administrative Officer.

d. Pursuant to Government Code section 54957(b)(1), the Board will confer regarding

appointment/recruitment to the position of Acting County Administrative Officer.

e. Pursuant to Government Code section 54956.9(d)(4), the Board will confer with legal counsel

regarding two matters of potential initiation of litigation.

f. Pursuant to Government Code section 54957(b)(1), the Board will confer regarding

appointment/recruitment to the position of Agricultural Commissioner.

g. Pursuant to Government Code section 54957(b)(1), the Board will provide a performance

evaluation for the position of County Administrative Officer.

Public Comments for Closed Session

Open for public comments; no public comments made.

The Board Recessed for Closed Session Agenda Items

10:30 A.M. - Reconvened on Public Agenda Items

Roll Called

Present: 5 - Supervisor Luis A. Alejo, Supervisor Wendy Root Askew and Supervisor John M.

Phillips, appeared in person, and Supervisor Chris Lopez and Supervisor Mary L. Adams,

appeared via video conference

Staff Present

Charles McKee, County Administrative Officer, Les Girard, County Counsel and Valerie Ralph,

Clerk of the Board appeared in person.

Announcement of Interpreter

Diego Celis, Spanish Interpreter present and announced Spanish interpreter services.

Pledge of Allegiance

The Pledge of Allegiance led by Charles McKee, county Administrative Officer.

Additions and Corrections by Clerk

Due to the need for immediate consideration by the Board of matters which arose after the

posting of today's agenda, as provided in Section 54954.2 of the California Government Code the

Board is asked to make the following addition and correction:

The following was read into the record:

Addition of Urgent Item – Scheduled Matter

Item 15.2 Received Board Report & Employment Agreement Received

Addition of Urgent Item – General Consent

Item No. 42.1 Received Board Report, Emergency Proclamation 12.12.2022 & Draft Resolution

A motion was made by Supervisor Luis A. Alejo, seconded by Supervisor Mary L. Adams to

approve the additions and corrections to the agenda.

Roll call vote taken pursuant to Government Code 54953:

Supervisor Alejo: AYE

Supervisor Phillips: AYE

Supervisor Lopez: AYE

Supervisor Root Askew: AYE

Chair Supervisor Adams: AYE

Appointments

Open for public comments; no public comments made.

A motion was made by Supervisor John M. Phillips, seconded by Supervisor Luis A. Alejo to

appoint/reappoint Item Numbers 2 through 6.

Roll call vote taken pursuant to Government Code 54953:

Supervisor Alejo: AYE

Supervisor Phillips: AYE

Supervisor Lopez: AYE

Supervisor Root Askew: AYE

Chair Supervisor Adams: AYE

Appoint Teresita Govea Agular to the Community Action Commission as a Public Sector

Representative to fill an unexpired term ending on July 1, 2023. (Nominated By District 3, Supervisor

Lopez)

Appointed

Reappoint Allan Panziera to the Greenfield Fire Protection District Board as a Primary Representative

with a term ending on November 30, 2026. (Nominated By District 3, Supervisor Lopez)

Reappointed

Reappoint Robert Thorp to the Greenfield Fire Protection District as a Primary Representative with a

term ending on November 30, 2026. (Nominated By District 3, Supervisor Lopez)

Reappointed

Appoint Kathybelle Barlow to the Area Agency on Aging Advisory Board as a Primary Representative

with a term ending on December 1, 2025. (Nominated By District 4, Supervisor Askew)

Appointed

Appoint Roger Miller to the Commission on Disabilities as a City of Pacific Grove Representative with

a term ending on December 31, 2025. (Nominated by Bill Peake, Mayor to the City of Pacific Grove)

Appointed

Approval of Consent Calendar – (See Supplemental Sheet)

See Supplemental Sheet

Open for public comments; no public comments made.

Supervisor Wendy Root Askew questioned Consent Item Number 44 and Supervisor John M.

Phillips commented on Item Numbers 31, 35, 37 43 and 44.

A motion was made by Supervisor John M. Phillips, seconded by Supervisor Wendy Root Askew

to approve Consent Calendar Item Numbers 26 through 47.

Roll call vote taken pursuant to Government Code 54953:

Supervisor Alejo: AYE

Supervisor Phillips: AYE

Supervisor Lopez: AYE

Supervisor Root Askew: AYE

Chair Supervisor Adams: AYE

General Public Comments

Open for general public comments for items not on today's agenda; Liz Hall and Alan Williams,

both in person, commented.

Scheduled Matters

15.2

Approve the agreement with Sonia M. De La Rosa as the County Administrative Officer; and,

Authorize the Chair of the Board to execute the agreement.

A motion was made by Supervisor Mary L. Adams, seconded by Supervisor Luis A. Alejo to:

a) Approve the agreement with Sonia M. De La Rosa as the County Administrative Officer; and,

b) Authorize the Chair of the Board to execute the agreement.

Roll call vote taken pursuant to Government Code 54953:

Supervisor Alejo: AYE

Supervisor Phillips: AYE

Supervisor Lopez: AYE

Supervisor Root Askew: AYE

Chair Supervisor Adams: AYE

a. Receive a report from the Sheriff’s Office related to ICE’s access to inmates in the Monterey

County Jail; and

b. Receive and consider public comment.

John Thornburg, Undersheriff from the Monterey County Sheriff's office verbally presented.

Open for public comments; no public comments made.

A motion was made by Supervisor Luis A. Alejo seconded by Supervisor Mary L. Adams to:

a. Receive a report from the Sheriff’s Office related to ICE’s access to inmates in the Monterey

County Jail; and

b. Receive and consider public comment.

Roll call vote taken pursuant to Government Code 54953:

Supervisor Alejo: AYE

Supervisor Phillips: AYE

Supervisor Lopez: AYE

Supervisor Root Askew: AYE

Chair Supervisor Adams: AYE

10.

Adopt a Resolution to:

a. Accept the Budget End-of-Year Report for FY 2021-22 from the County Administrative Office;

b. Authorize the County Administrative Office and Auditor-Controller to make fund balance

designations in FY 2022-23 included in Attachment A; and

c. Authorize and direct the Auditor-Controller to amend the FY 2022-23 adopted budget by

increasing appropriations and making the appropriate transfers included in Attachment A

(4/5ths vote required).

Ezequiel Vega, Budget Director from the County Administrative Office presented.

Open for public comments; John Narigi commented.

A motion was made by Supervisor Luis A. Alejo, seconded by Supervisor Wendy Root Askew to

Adopt a Resolution to:

a. Accept the Budget End-of-Year Report for FY 2021-22 from the County Administrative Office;

b. Authorize the County Administrative Office and Auditor-Controller to make fund balance

designations in FY 2022-23 included in Attachment A; and

c. Authorize and direct the Auditor-Controller to amend the FY 2022-23 adopted budget by

increasing appropriations and making the appropriate transfers included in Attachment A

(4/5ths vote required).

Roll call vote taken pursuant to Government Code 54953:

Supervisor Alejo: AYE

Supervisor Phillips: AYE

Supervisor Lopez: AYE

Supervisor Root Askew: AYE

Chair Supervisor Adams: AYE

11.

Conduct a public hearing to:

a. Adopt 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. Approve and authorize the Director of Health to execute Amendment No. 14 to the Unified

Franchise Agreement (Agreement No. A-11631) between the County of Monterey and Waste

Management, Inc. dba USA Waste of California, Inc., dba Carmel Marina Corporation, for the

Exclusive Collection of Solid Waste and Recyclables in Unincorporated Monterey County.

Public hearing commenced.

Ric Encarnacion, Bureau Chief from the Health Department presented via PowerPoint

presentation.

A motion was made by Supervisor Luis A. Alejo, seconded by Supervisor John M. Phillips to:

a. Adopt 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. Approve and authorize the Director of Health to execute Amendment No. 14 to the Unified

Franchise Agreement (Agreement No. A-11631) between the County of Monterey and Waste

Management, Inc. dba USA Waste of California, Inc., dba Carmel Marina Corporation, for the

Exclusive Collection of Solid Waste and Recyclables in Unincorporated Monterey County.

Roll call vote taken pursuant to Government Code 54953:

Supervisor Alejo: AYE

Supervisor Phillips: AYE

Supervisor Lopez: AYE

Supervisor Root Askew: AYE

Chair Supervisor Adams: AYE

12.

Receive the notice of adjustment of the annual salary of the members of the Board of Supervisors, in

accordance with Section 2.04.370C of the County of Monterey Code consistent with the superior

court judge salary adjustments of 0.8943% effective July 1, 2022. The salary adjustments will be

implemented December 31, 2022.

Irma Ramirez-Bough, Director of Human Resources verbally presented.

Open for public comments; no public comments made.

Upon consensus the Board:

Received the notice of adjustment of the annual salary of the members of the Board of

Supervisors, in accordance with Section 2.04.370C of the County of Monterey Code consistent with

the superior court judge salary adjustments of 0.8943% effective July 1, 2022. The salary

adjustments will be implemented December 31, 2022.

12:00 P.M. - Recessed to Lunch

1:30 P.M. - Reconvened

Roll Called

Present: 5 - Supervisor Luis A. Alejo, Supervisor Wendy Root Askew and Supervisor John M.

Phillips, appeared in person, and Supervisor Chris Lopez and Supervisor Mary L. Adams,

appeared via video conference

Staff Present

Charles McKee, County Administrative Officer, Les Girard, County Counsel and Valerie Ralph,

Clerk of the Board appeared in person.

Announcement of Interpreter

Diego Celis, Spanish Interpreter present and announced Spanish interpreter services.

Scheduled Matters

13.

Receive a verbal presentation from the Health Department regarding COVID-19, influenza, and other

seasonal respiratory viruses.

Edward Moreno, Bureau Chief from the Health Department presented via PowerPoint

presentation.

Open for public comments; no public comments made.

Upon consensus the Board:

Received an oral presentation from the Health Department regarding COVID-19, influenza, and

other seasonal respiratory viruses.

14.

a. Receive a presentation from Pacific Gas and Electric Company (PG&E) and Vistra Energy

Corporation (Vistra) regarding operation and emergency response plans for their respective

Lithium-Ion Battery Energy Storage Systems, and

b. Provide direction to county staff regarding the Lithium-Ion Battery Energy Storage Systems in the

Monterey County Operational Area.

Nick Chiulos, Assistant Administrative Officer, Teresa Arnold, PG & E Regional Vice President,

Cynthia Vodopivec, Senior Vice President for Environmental Health and Safety, Brad Watson,

Senior Director of Community Affairs presented via PowerPoint presentation.

Open for public comments; Margie Kay, Tommy Razzeca, Nina Beety and Ricardo Diaz, Jr., all

via Zoom, commented.

A motion was made by Supervisor Luis A. Alejo, seconded by Supervisor Wendy Root Askew to:

1. Receive a presentation from Pacific Gas and Electric Company (PG&E) and Vistra Energy

Corporation (Vistra) regarding operation and emergency response plans for their respective

Lithium-Ion Battery Energy Storage Systems, and

2. Approved staff's recommendation regarding the Lithium-Ion Battery Energy Storage Systems in

the Monterey County Operational Area.

Roll call vote taken pursuant to Government Code 54953:

Supervisor Alejo: AYE

Supervisor Phillips: AYE

Supervisor Lopez: AYE

Supervisor Root Askew: AYE

Chair Supervisor Adams: AYE

15.

PLN210152 - RIO VISTA GROUP LLC

Public hearing to consider an appeal from Rio Vista Group LLC of the Planning Commission’s denial

of a Combined Development Permit for the construction of four 16,286 square foot two-story

apartment buildings totaling 60 units for agricultural workforce housing and 1 manager unit, including

17,500 cubic yards of grading, and a Variance to increase the required building site coverage.

Proposed CEQA action: Adopt a Mitigated Negative Declaration and Mitigation Monitoring and

Reporting Plan

Project Location: 51, 53, 55 & 57 Susan Street, Royal Oaks, North County Area Plan

Supervisor John M. Phillips recused himself from this matter.

Craig Spencer, Chief of Planning from Housing and Community Development Department

presented via PowerPoint presentation.

Open for public comments; Ana Marquez, Melissa Hermosillo assisted by Diego Celis Spanish

Interpreter, MBEP, Osvaldo (no last name provided), Gerardo Arreola, Jose Perez assisted by

Diego Celis Spanish Interpreter, Juan Jose Campos, Alex Rivera assisted by Diego Celis Spanish

Interpreter, Margie Kay, Karen Miller, Christine Shaw, Jonathan Batty, Ronny Aldreda, Vince

Arreano (Vince27Susan), 997 Duflock, Ricardo Diaz, Sal Jimenez, Josue Ramirez, Jessica Costa,

Gama Jara, Jaime (no last name provided), Joel Pablo de Anada, Mona (last name provided) and

Jeremy (no last provided)

A motion was made by Supervisor Luis A. Alejo, seconded by Supervisor Wendy Root Askew, as

amended, with Supervisor Mary L. Adams, voting no, to Adopt a Resolution to:

a) Grant in part the appeal by Rio Vista Group LLC of the Planning Commission’s denial of a

Combined Development Permit for the construction of four 16,286 square foot two-story apartment

buildings totaling 60 units for agricultural workforce housing and 1 manager unit, associated site

improvements including 17,500 cubic yards of grading and a Variance to increase the required

building site coverage from 5% to 27%;

b) Adopt a Mitigated Negative Declaration pursuant to Section 15074 of the CEQA Guidelines;

c) Approve a Combined Development Permit for a revised project consisting of:

1. A Use Permit to allow the construction of three 16,286 square foot two-story apartment buildings

containing 45 units for agricultural workforce housing and 1 manager unit, and associated site

improvements including 15,000 cubic yards of grading;

2. An Administrative Permit to allow a 10% setback reduction; and

3. A Variance to increase the required building site coverage from 5% to 20%; and

d) Adopting a Condition Compliance and Mitigation Monitoring and Reporting Plan.

The attached draft resolution includes findings and evidence for consideration (Exhibit B). Staff

recommends approval of the revised project subject to 24 conditions of approval and 20

mitigation measures.

This will include $25,000 for the next 5 years for the community's benefit and Appellant to speak

to neighboring property owner to try to get an easement access during the time of construction if

possible.

Roll call vote taken pursuant to Government Code 54953:

Supervisor Alejo: AYE

Supervisor Phillips: Recused himself.

Supervisor Lopez: AYE

Supervisor Root Askew: AYE

Chair Supervisor Adams: NAY

Motion passed 3 to 1

15.1 a. Consider approval of employment agreement for Agricultural Commissioner and Sealer of Weights

& Measures;

b. Authorize the Chair of the Board to execute the agreement. (ADDED VIA ADDENDA)

Open for public comments; John McPher and Karen Miller commented.

A motion was made by Supervisor Luis A. Alejo, seconded by Supervisor Mary L. Adams to:

a) Approve the employment agreement for Agricultural Commissioner and Sealer of Weights &

Measures; and

b) Authorized the Chair of the Board to execute the agreement.

Roll call vote taken pursuant to Government Code 54953:

Supervisor Alejo: AYE

Supervisor Phillips: AYE

Supervisor Lopez: AYE

Supervisor Root Askew: AYE

Chair Supervisor Adams: AYE

Other Board Matters

County Administrative Officer Comments

16.

County Administrative Officer Comments

Charles McKee, County Administrative Office made no comments this week.

New Referrals

17.

19.

New Referrals

There were no new referrals this week.

Referral Responses

Receive a preliminary analysis report in response to Board Referral No. 2022.23 seeking to request a

County funding contribution for Fiscal Year 2023 and develop a long-range funding source for the

Pajaro Park.

A motion was made by Supervisor Mary L. Adams, seconded by Supervisor Chris Lopez to

continue this matter to the next meeting:

Receive a preliminary analysis report in response to Board Referral No. 2022.23 and:

a. Direct that staff proceed with completion of referral based on description in this report; or,

b. Direct that staff:

1. Proceed with completion of referral based on modifications by the Board; or,

2. Return to Board with a more comprehensive analysis of referral and anticipated effort for

completion; or,

3. Rescind referral.

c. Provide further direction, as appropriate.

Roll call vote taken pursuant to Government Code 54953:

Supervisor Alejo: AYE

Supervisor Phillips: AYE

Supervisor Lopez: AYE

Supervisor Root Askew: AYE

Chair Supervisor Adams: AYE

19.1 Consider:

a. Response to Board Referral No. 2022.21 requesting the Clerk of the Board of Supervisors office to

augment their budget to cover all expenses for framed Board resolutions; and

b. Selecting an updated ceremonial resolution template. (ADDED VIA ADDENDA)

A motion was made by Supervisor Mary L. Adams, seconded by Supervisor Chris Lopez to

continue this matter to the next meeting:

Consider a response to Board Referral No. 2022.21 requesting the Clerk of the Board of

Supervisors office to augment their budget to cover all expenses for framed Board resolutions.

This augmentation is being recommended by the Budget & Analysis Division with the Budget End

Year Report (BEYR). If approved, we request the Board select an enhanced ceremonial resolution

template from the options provided.

Roll call vote taken pursuant to Government Code 54953:

Supervisor Alejo: AYE

Supervisor Phillips: AYE

Supervisor Lopez: AYE

Supervisor Root Askew: AYE

Chair Supervisor Adams: AYE

Board Comments

20.

Board Comments

Board Comments can be heard by clicking the following link:

http://monterey.granicus.com/EditFile.php?clip_id=4792

Ceremonial Resolutions

21.

22.

23.

Adopt a resolution commending Henry S. Gonzales, Agricultural Commissioner/Sealer of Weights and

Measures, on his retirement with twenty-eight years of dedicated public service to Monterey County

and thirty-eight years of dedicated public service to the State of California. (Supervisor Lopez)

Adopted Resolution No. 22-489

Adopt a resolution in appreciation of eight years of service on the Monterey County Board of

Supervisors upon the retirement of Supervisor John. M. Phillips. (Full Board) (REVISED VIA

SUPPLEMENTAL)

Adopted Resolution No. 22-491

Adopt a resolution commending County Administrative Officer Charles J. McKee upon his retirement

after almost 20 years of dedicated public service to the County of Monterey, first as County Counsel

and then as County Administrative Officer, and a total of 31 years of public service. (Full Board)

(REVISED VIA SUPPLEMENTAL)

Adopted Resolution No. 22-488

24.

25.

Adopt a resolution commending Brent W. Buche, General Manager of the Monterey County Water

Resources Agency, for his dedicated service of 29 years to the County of Monterey upon his

retirement. (Full Board) (REVISED VIA SUPPLEMENTAL)

Adopted Resolution No. 22-487

Adopt Resolution honoring Jennifer Cupak, Fire Operations Manager upon her retirement from the

County of Monterey after twenty five years of dedicated Public Service. (Supervisor Adams)

(REVISED VIA SUPPLEMENTAL)

Adopted Resolution No. 22-490

Read Out from Closed Session by County Counsel

Les Girard, County Counsel read out from closed session stating there were 2 appointments one

for the County Administrative Officer position and the other for the Agricultural Commissioner

position. In addition, the Board authorized the initiation 14 small claims court actions,

participation in an amicus brief in the case Texas vs. Becerra 522-CV-00185H and authorized the

conveyance of a tentative agreement to Unit X subject to Unit X ratification.

Adjourned

The meeting was adjourned at 7:10 p.m. by Chair Supervisor Mary L. Adams.

Supplemental Sheet, Consent Calendar

Natividad Medical Center

26.

a. Authorize the Chief Executive Officer for Natividad or his designee to execute the Renewal and

Amendment 4 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 child abuse specialist services, extending the term by twelve months (retroactive to

October 1, 2022 to September 30, 2023) for a revised full agreement term of August 1, 2018 to

September 30, 2023, and adding $58,932, for a revised total not to exceed amount of $209,277 in the

aggregate.

Approved

27.

a. Authorize the Chief Executive Officer for Natividad or his designee to execute the First Amendment

to the Professional and Call Coverage Services Agreement (A-15626) with Caroline Butler MD to

provide general and critical care surgical services at Natividad, extending the term by twenty-four

months (January 1, 2023 to December 31, 2024) for a full agreement term of January 1, 2022 to

December 31, 2024 and adding $500,000 for an amount not to exceed $900,000 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% ($40,000) of the original contract amount.

Approved

28.

Adopt Resolution to:

a. Amend Personnel Policies and Practices Resolution (PPPR) No. 98-394 Appendices A and B to

create the classifications of Hospital Patient Safety Manager and Hospital Compliance Officer with the

salary ranges as indicated in Attachment A;

b. Amend the Natividad FY 2022-23 Adopted Budget Unit 9600-8142 - Fund 451 -Appropriation

Unit NMC001 to reallocate a Hospital Risk Assessment and Compliance Officer to a Hospital

Compliance Officer and a Hospital Quality Assurance Nurse to a Hospital Patient Safety Manager as

indicated in Attachment A;

c. Direct the County Administrative Office and the Auditor-Controller to incorporate the approved

position changes in the FY 2022-23 Adopted Budget and the Human Resources Department to

implement the changes in the Advantage HRM System.

Adopted

Health Department

29.

a. Approve and authorize the Director of Health or the Assistant Director of Health to sign a standard

Agreement with Sun Street Centers in the amount of $80,000 to provide education on the adverse

effects of cannabis use by elementary and high school youth, conduct focus groups on teen cannabis

use, and provide parent education for the term of upon execution date through June 30, 2023; and

b. Approve and authorize the Director of Health or the Assistant Director of Health to sign up to three

(3) future amendments to this Agreement where the amendments do not significantly change the scope

of work and do not cause an increase of more than ten percent (10%) ($8,000) of the original contract

amount.

Approved

30.

a. Approve and authorize the Director of Health or Assistant Director of Health to execute a

Memorandum of Understanding (“MOU”) with Monterey County Special Education Local Plan Area

for reimbursement to the County for the provision of mental health and residential treatment services

pursuant to a student’s Individualized Education Plan, for a total amount not to exceed $4,544,523 for

the term retroactive to July 1, 2022, through June 30, 2023; and

b. Approve and authorize the Director of Health or Assistant Director of Health to execute an

Interagency Agreement, Exhibit A to the MOU, with Monterey County Special Education Local Plan

Area for the term retroactive to July 1, 2022, through June 30, 2023; and

c. Approve non-standard indemnification, limitation of liability, and insurance provisions to the MOU as

recommended by the Director of Health; and

d. Approve and authorize the Director of Health or Assistant Director of Health to approve up to three

(3) future amendments to the MOU that do not exceed ten percent (10%) ($454,452.30) of the

original MOU amount and do not significantly change the scope of services.

Approved

31.

a. Approve and authorize the Director of Health or the Assistant Director of Health to execute

Amendment No. 1 to Agreement No. A-15945 between the County of Monterey and Ventana Faculty

Medical Associates of Monterey County, Inc., increasing the amount by $8,000 for a total Agreement

not to exceed $265,210, for serving as the County’s Sexual Assault Forensic Examiner (SAFEs) service

provider, providing professional and call coverage services for the Sexual Assault Response Team

(SART), and SART Program Medical Director services effective retroactive to December 1, 2022, for

a total term from July 16, 2022 through June 30, 2023; and

b. Authorize the Director of Health or Assistant Director of Health to sign up to three (2) future

amendments to this Agreement where the total amendments do not exceed 10% ($17,721) of the

original contract amount and do not significantly change the scope of work.

Approved

32.

a. Authorize the Director of Health or Assistant Director of Health to execute a Renewal and

Amendment No. 2 to an agreement with Action Council of Monterey County, Inc., for the provision of

community educational management and contracting specialized services, adding one year for a revised

term of July 1, 2018, to September 30, 2023, with no change to the total contract amount of

$330,000; and

Approved

33.

a. Approve and authorize the Director of Health or the Assistant Director of Health to sign a Renewal

and Amendment No. 1 with MEarth for the provision of School Day field trips addressing healthy

foods, healthy food choices, hands-on organic garden experience, and food preparation for students,

extending the agreement for an additional one (1) year, for a revised full term of January 27, 2019,

through September 30, 2023, and adding $16,000 to increase the maximum contract liability to

$64,393.

Approved

34.

a. Authorize the Director of Health or Assistant Director of Health to execute an Amendment No. 1 to

the Mental Health Student Services Act (“MHSSA”) Grant Agreement No. 21MHSOAC015 with the

Mental Health Services Oversight and Accountability Commission (“MHSOAC”), to revise the

payment schedule for the same amount of $3,999,979, for the same grant period September 1, 2021,

through August 31, 2025; and

b. 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%) ($399,997.90) of the original Agreement amount

and do not significantly change the scope of services.

Approved

35.

Approve and Authorize the Director of Health or Assistant Director of Health to execute

Amendment No. 1 to the Revised and Restated Memorandum of Agreement (MOA), A-15628,

between the County of Monterey and the City of Salinas, for the Animal Control Services

Administration Pilot Project, extending the term an additional six months for a total term of 18 months

through June 30, 2023, adding $729,093 for updates to existing shared staffing costs and services for a

total Agreement amount of $1,394,093.

Approved

36.

a. Authorize the Director of Health, or Assistant Director of Health to execute a 340B Pharmacy

Services Agreement (“Agreement”) with PMQ Group, LLC dba Avita (“Avita”) allowing Avita to

provide third-party administrative services in support of Clinic Services’ 340B Program and specialty

contract pharmacy services to eligible patients of Monterey County Health Department Clinic Services

Bureau (“Clinic Services”) for an initial term of three (3) years beginning January 1, 2023, and which

auto renews for additional one (1) year periods unless earlier terminated; and

b. Approve the non-standard risk provision (lack of indemnification) in the Agreement, as

recommended by the Director of Health; and

c. Authorize the Director of Health or Assistant Director of Health to sign up to three (3) future

amendments to this Agreement where the amendments do not significantly change the scope of work.

Approved

37.

a. Adopt a Resolution to approve a Joint Powers Agreement (JPA) between the County and the City

of Salinas to create the Hitchcock Road Animal Services Agency to administer Animal Services.

b. Authorize the Chair of the County of Monterey Board of Supervisors, or her designee, to execute

the JPA on behalf of the County.

Adopted

Criminal Justice

37.1

Due to clerical inadvertence this item should not have been published with the agenda as it was

not ready to go before the Board.

General Government

38.

a. Adopt the updated Environmentally Preferable Purchasing Policy which will replace the Climate

Friendly Purchasing policy in the Board Policy manual and includes requirements for County

compliance with SB1383.

Adopted

39.

a. Adopt an ordinance of the County Code amending Paragraph F of Section 2.32.030 of the

Monterey County Code to authorize the Purchasing Agent to engage independent contractors to

perform services for the County and the offices thereof, with or without the furnishing of material, where

the aggregate cost does not exceed $200,000.

Adopted

40.

41.

42.

Approve the Bingo Permit Application for American Legion Post 593 pursuant to Chapter 7.08 of the

Monterey County Code effective September 14, 2022, through September 14, 2023.

Approved

Authorize the Registrar of Voters to consolidate and provide specified election services for the January

3, 2023, San Ardo Union Elementary School District Special Election.

Approved

Adopt a Resolution to:

a. Amend Personnel Policies and Practices Resolution No. 98-394 Appendix A to adjust the salary

ranges of the Data Entry Operator I-II, Food Service Worker I-II, Park Services Aide I-III, Mailroom

Clerk and Senior Mailroom Clerk, Range Aide and Student Intern classifications to comply with

California Senate Bill No. 3, increasing the minimum wage to $15.50/hour at first step and to maintain

the spreads within the series where applicable, effective January 1, 2023 as indicated in Attachment A;

b. Amend Personnel Policies and Practices Resolution No. 98-394 Appendix A & B to abolish the

classifications of Laundry Worker I-II and Library Page as indicated in Attachment A;

c. Direct the Human Resources Department to implement the changes in the Advantage HRM System.

Adopted

42.1 Adopt a resolution to ratify the Proclamation of Local Emergency issued by the County Administrative

Officer on December 11,2022, related to the Winter Storm Event that start on December 10, 2022.

concerning the Carmel River and Carmel River Lagoon, potentially causing damage to public

infrastructure and private property, thereby causing conditions of extreme peril to the safety of persons

and property nearby. (4/5ths vote required)

Adopted

Housing and Community Development

43.

REF220010/PROFESSIONAL SERVICES AGREEMENT FOR CASTROVILLE

COMMUNITY PLAN UPDATE AND IMPACT FEE NEXUS STUDY

a. Approve a Professional Services Agreement with Kimley-Horn, to provide services to update the

Castroville Community Plan, execute an Impact Fees Nexus Study, and prepare an environmental

study for the not to exceed amount of $533,575 and for a term December 15, 2022 to December 31,

2025; and

b. Authorize the Contracts/Purchasing Officer of Contracts/Purchasing Supervisor to execute the

Professional Services Agreement and future amendments to the Agreement where the amendments do

not significantly alter the scope of work or change the approved Agreement amount by more than ten

percent (10%), subject to review and approval by County Counsel.

Approved

44.

REF220010 - CASTROVILLE TRAFFIC IMPACT FEE

Adopt a resolution staying the collection of Castroville Traffic Impact Fees until such time that the

Board of Supervisors adopts an updated fee or provides further direction.

Proposed CEQA action: Finding that pursuant to section 15273 of the CEQA Guidelines the

consideration of modifications to development impact fees would be statutorily exempt.

Adopted

45.

46.

Approve and authorize the Chair to execute Amendment No. 5 to the Subdivision Improvement

Agreement for the York Highlands Resubdivision for an extension of 48 months (December 31, 2026).

Approved

a. Find that per the California Environmental Quality Act (CEQA) Section 15262 “Feasibility and

Planning Studies” the IRWM Plan does not require the preparation of an Environmental Impact Report

(EIR) or negative declaration as the evaluation of environmental factors contained in the IRWM Plan is

adequate for the level of planning, and the Plan is exempt from further review under CEQA.

b. Adopt the Monterey Peninsula, Carmel Bay, and South Monterey Bay Integrated Regional Water

Management (IRWM) Plan Update as a voluntary document that provides broadly supported,

identified goals, objectives, strategies, and projects to meet the integrated water needs of the people

and the environment within the planning Region.

CEQA ACTION: Find that per the California Environmental Quality Act (CEQA) Section 15262

“Feasibility and Planning Studies” the IRWM Plan does not require the preparation of an Environmental

Impact Report (EIR) or negative declaration as the evaluation of environmental factors contained in the

IRWM Plan is adequate for the level of planning, and the Plan is exempt from further review under

CEQA.

Adopted

Public Works, Facilities and Parks

47.

Approve and authorize the Monterey County Laguna Seca Representative to execute a two-year Event

Agreement, retroactively effective December 1, 2022, with SportsCar Vintage Racing Association to

sanction and produce the Trans-Am Speedfest to be held at WeatherTech® Raceway at Laguna Seca

on May 5-7, 2023, and April 20-21, 2024, for a base track rental fee of $163,000 and $168,000,

respectively.

Approved

Please refer to the Board Orders for the approved and adopted Agreement, Resolution and

Ordinance numbers.

Addenda/Supplemental

48.

Addenda/Supplemental

Added under Scheduled Matters PM

15.1. a. Consider approval of employment agreement for Agricultural Commissioner and Sealer of

Weights & Measures;

b. Authorize the Chair of the Board to execute the agreement.

Added under Referral Responses

19.1. Consider:

a. Response to Board Referral No. 2022.21 requesting the Clerk of the Board of Supervisors office to

augment their budget to cover all expenses for framed Board resolutions; and

b. Selecting an updated ceremonial resolution template.

Revised title under Ceremonial Resolutions

22. Adopt a resolution in appreciation of eight years of service on the Monterey County Board of

Supervisors upon the retirement of Supervisor John. M. Phillips. (Full Board)

23. Adopt a resolution commending County Administrative Officer Charles J. McKee upon his

retirement after almost 20 years of dedicated public service to the County of Monterey, first as County

Counsel and then as County Administrative Officer, and a total of 31 years of public service. (Full

Board)

24. Adopt a resolution commending Brent W. Buche, General Manager of the Monterey County

Water Resources Agency, for his dedicated service of 29 years to the County of Monterey upon his

retirement. (Full Board)

Revised title and attachment under Ceremonial Resolutions

25. Adopt Resolution honoring Jennifer Cupak, Fire Operations Manager upon her retirement from the

County of Monterey after twenty five years of dedicated Public Service. (Supervisor Adams)