9:00 A.M. - Called to Order

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

Roll Called

Present: 5 - Supervisor Wendy Root Askew, Supervisor John M. Phillips, Supervisor Mary L.

Adams, Supervisor Chris Lopez and Supervisor Luis A. Alejo who appeared via video conference

Staff Present

Charles McKee, County Administrative Officer, Les Girard, County Counsel and Iracema Lopez,

Management Analyst I appeared in person and Valerie Ralph, Clerk of the Board who appeared

via video conference.

Additions and Corrections for Closed Session by County Counsel

There were no additions and corrections for the agenda.

Closed Session

Closed 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.

Public Comments for Closed Session

Open for public comments; Martha Rodriguez, via Zoom, commented.

The Board Recessed for Closed Session Agenda Items

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

Roll Called

Present: 5 - Supervisor Wendy Root Askew, Supervisor John M. Phillips, Supervisor Mary L.

Adams, Supervisor Chris Lopez and Supervisor Luis A. Alejo who appeared via video conference

Staff Present

Charles McKee, County Administrative Officer, Les Girard, County Counsel and Iracema Lopez,

Management Analyst I appeared in person and Valerie Ralph, Clerk of the Board who appeared

via video conference.

Announcement of Interpreter

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

Pledge of Allegiance

The Pledge of Allegiance to be led by Fire Chief Michael B. Urquides.

Additions and Corrections by Clerk

The following additions and corrections were read into the record:

For the Consent Calendar - General Government:

Item No. 31 is in receipt of Revised Exhibit A.

Ceremonial Resolutions

Open for public comments; no public comments made.

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

to adopt Ceremonial Resolutions 2 through 4.

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

Adopt 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)

Adopted Resolution No. 22-023

Adopt a resolution commending Fire Chief Michael B. Urquides for thirty-four years of service to the

Monterey County Regional Fire Protection District.

Adopted Resolution No. 22-022

Adopt 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)

Adopted Resolution No. 22-024

Appointments

Open for public comments; no public comments made.

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

appoint/reappoint Item Numbers 5 through 9.

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

Reapoint Kevin Kreyenhagen to the Fish and Game Commission, with a term ending date of February

1, 2025. (Nominated by Supervisor Adams, District 5)

Reappointed

Appoint Ryan O’Connell to the CSA 15 Serra Village, with a term ending date of June 30, 2024.

(Nominated by Supervisor Adams, District 5)

Appointed

Reappoint Carla Strobridge to the Animal Control Program Advisory Board, with a term ending date

of July 1, 2023. (Nominated by Supervisor Lopez, District 3)

Reappointed

Reappoint Belinda Taluban to the Historic Resources Review Board, with a term ending date of

December 31, 2024. (Nominated by Supervisor Phillips, District 2)

Reappointed

Reappoint Nona Childress to the Commission on Disabilities, with a term ending date of December 31,

2024. (Nominated by the Commission on Disabilites)

Reappointed

Approval of Consent Calendar – (See Supplemental Sheet)

10.

See Supplemental Sheet

Open for public comments; Brent Salma and Wes White, in person, and Anna Velasquez and

Wildfire, via Zoom, commented.

Supervisor Wendy Root Askew commented on Item Numbers 31, 34 and 43.

A motion was made by Supervisor John M. Phillips, seconded by Supervisor Chris Lopez to

approve Consent Calendar Item Numbers 22 through 43 excluding Item No. 21 which was moved

to a scheduled matter as Item No. 13.1 at 1:30 p.m. and Item No. 34 which a separate vote will be

taken.

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 substitute motion was made by Supervisor Chris Lopez, seconded by Supervisor Luis A. Alejo

with Supervisor Mary L. Adams and Supervisor Wendy Root Askew, voting no, to approve

Consent Calendar Item Number 34.

Roll call vote taken pursuant to Government Code 54953:

Supervisor Alejo: AYE

Supervisor Phillips: AYE

Supervisor Lopez: AYE

Supervisor Root Askew: NAY

Chair Supervisor Adams: NAY

Motion carried 3 to 2

General Public Comments

11.

12.

General Public Comments

Open for general public comments for items not on today's agenda; Wes White, in person, and

Wildfire, via Zoom, commented.

10:30 A.M. - Scheduled Matters

Conduct 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).

Public hearing commenced.

Randy Ishii, Director and Chad Alino, Senior Civil Engineer from the Public Works, Facilities and

Parks, via Zoom, presented via PowerPoint presentation.

Open for public comments; no public comments made.

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

Accept the 2021 Annual Carmel Valley Traffic Report on the 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).

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

13.

a. 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.

Charles McKee, County Administrative Officer, in person, Nick Chiulos, Assistant County

Administrative Officer; Dr. Edward Moreno, Health Officer, Kim Stemler, Executive Director of

Monterey County Vintners & Growers Association and Dan Baldwin, all via Zoom, verbally

presented.

Open for public comments; Barbara Meister, via Zoom, commented.

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

receive a:

a. Briefing and update on Covid19, including impacts, and action, proposals and plans to address

(verbal report); and

b. Authorized staff the ability to expend up to 1 million dollars for COVID tests to be distributed as

directed by the Health Department to address Covid-19; funding source to come from ARPA and or

Cannabis at the discretion of the County Administrative Officer after discussions with the Budget

Department.

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

12:00 P.M. - Recessed to Lunch at 12:45 p.m. back into closed session

1:30 P.M. - Reconvened

Roll Called

Present: 5 - Supervisor Wendy Root Askew, Supervisor John M. Phillips, Supervisor Mary L.

Adams, Supervisor Chris Lopez and Supervisor Luis A. Alejo who appeared via video conference

Staff Present

Charles McKee, County Administrative Officer, Les Girard, County Counsel and Iracema Lopez,

Management Analyst I appeared in person and Valerie Ralph, Clerk of the Board who appeared

via video conference.

Announcement of Interpreter

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

1:30 P.M. - Scheduled Matters

13.1

Adopt 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)

Dr. Charles Harris, Interim Chief Executive Officer; Andrea Rosenburg, Assistant Administrator and

Jennifer Williams, President of Natividad Foundation from Natividad Hospital, all via Zoom,

verbally presented.

Open for public comments; no public comments made.

A motion was made by Supervisor Chris Lopez, seconded by Supervisor Luis A. Alejo to:

Adopt Resolution No. 22-025 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.

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

14.

a. 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.

Elsa Jimenez, Director, Michelle House, Health Program Coordinator from the Health Department,

via Zoom, and Marina S. Pantchenko, Deputy County Counsel III, via Zoom, from the County

Counsel office presented via PowerPoint presentation.

Open for public comments; Joe Cubbage, in person, and Alix Winston, Alexa Wohrman, Rima S.

Khoury, Anne Wheelis, Alexandra Burke, Drew (no last name provided), Jen Grand-Lejano,

Jackie Gash, Jaime Rojas, Jr., Sheila Phan, George Johnson, and Claudia (no last name

provided) all via Zoom, commented.

A substitute motion was made by Supervisor Luis A. Alejo, seconded by Supervisor Chris Lopez

with Supervisor Mary L. Adams and Supervisor Wendy Root Askew voting no, to:

a. 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. Directed staff to add the following additional language to the ordinance "but does not include

any Modified Risk Tobacco Products for which the FDA has issued an order pursuant to 21 U.S.C.

Section 387k".

Roll call vote taken pursuant to Government Code 54953:

Supervisor Alejo: AYE

Supervisor Phillips: AYE

Supervisor Lopez: AYE

Supervisor Root Askew: NAY

Chair Supervisor Adams: NAY

Motion carried 3 to 2

15.

PLN190252 - 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 culvert improvements.

Project Location: 24956 Lincoln Street, Carmel, Carmel Area Land Use Plan, Coastal Zone.

Proposed CEQA action: Find the project Categorically Exempt per section 15303 and 15317 of the

CEQA Guidelines

Public hearing commenced.

Fionna Jensen, Associate Planner from the Housing Community and Development Department,

via Zoom, presented, via PowerPoint presentation.

Open for public comments; no public comments made.

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

Adopt Resolution No. 22-026 to:

a. Find that the project is subject to two Categorical Exemptions under CEQA: 1) a Class 3

categorical exemption pursuant to Section 15303 construction of three retaining walls and

installation of drainage culvert improvements; and 2) a Class 17 Categorical Exemption pursuant

to section 15317 of the CEQA Guidelines based on the County’s acceptance of an amended

Conservation and Scenic Easement Deed;

b. Find that no exceptions to Categorical Exemptions set forth in CEQA Guidelines section 15300.2

apply;

c. Authorize the Chair to execute the amended Conservation and Scenic Easement Deed;

d. Direct 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. Approve 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 culvert improvements.

A draft resolution, including findings and evidence, is attached for consideration (Attachment A).

Staff recommends approval subject to four (4) conditions. The amended Conservation and Scenic

Easement Deed is attached to this Board Report as Attachment B.1.

PROJECT INFORMATION:

Agent: Thomas Rettenwender

Owner: Gregory and Donna Kostigen

APN: 009-122-026-000

Parcel Size: 0.17 acres

Plan Area: Carmel Area Land Use Plan

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

16.

a. 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.

Public hearing held to open and close public comment.

Darby Marshall, Project Analyst from the Housing Community and Development Department, via

Zoom, verbally presented.

Open for public comments; no public comments made.

A motion was made by Supervisor Wendy Root Askew, seconded by Supervisor Chris Lopez to:

a. 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.

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

New Referrals

17.

18.

Charles McKee, County Administrative Officer from the County Administrative office shared that

there were no new referrals this week.

County Administrative Officer Comments

Charles McKee, County Administrative Officer from the County Administrative office made

comments.

County Administrative Officer comments can be heard by clicking the following link:

http://monterey.granicus.com/EditFile.php?clip_id=4430

Referral Responses

19.

a. 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 necessary

Nick Chiulos, Assistant County Administrative Officer, via Zoom, verbally presented.

Open for public comments; Wes White, via Zoom, commented.

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

a. 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; and

b. Provided direction to staff as necessary

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=4430

Read Out from Closed Session by County Counsel

CLOSED SESSION REPORT

1. Closed 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.

The Board took no reportable actions on items 1.a.

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

The Board took no reportable actions on items 1.b.(1)

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)

The Board took no reportable actions on items 1.c.(1)

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.

The Board took no reportable actions on items 1.d.

Adjourned

The meeting was adjourned at 3:30 p.m. in Memory of Supervisor Barbara Shipnuck and Norm

Anthony by Chair Supervisor Mary L. Adams.

APPROVED:

____/s/ Mary L. Adams______

MARY L. ADAMS, CHAIR

BOARD OF SUPERVISORS

ATTEST:

BY: ____/s/ Valerie Ralph________

VALERIE RALPH

CLERK OF THE BOARD

APPROVED ON: March 1, 2022

Supplemental Sheet, Consent Calendar

Natividad Medical Center

21.

Item Removed. Moved to 1:30 P.M. - Scheduled Matters, Item 13.1.

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

move Item No. 21 to Item No. 13.1 at 1:30 p.m. to be hears as a scheduled item.

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

22.

a. 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 - Agreement No.: A-15668

23.

Authorize 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 - Agreement No.: A-14280; Amendment No. 4

Health Department

24.

a. 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 - Agreement No.:A-15669

25.

a. 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 - Agreement No.: A-15670

26.

a. 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 - Agreement No.: A-15671

27.

a. 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 approve up to three (3)

future amendments that do not exceed ten percent (10%) ($26,000) of the original Agreement amount

and do not significantly alter the scope of services.

Approved - Agreement No.: A-15672

28.

a. 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

29.

a. 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 - Agreement No.: A-15673

Criminal Justice

30.

a. 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.

Adopted Resolution No.: 22-027; Approved - Agreement No.: A-15674

General Government

31.

Adopt 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);

Adopted Resolution No. 22-028; Agreement No.: A-15675

32.

Approve 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.

Approved - Agreement No.: A-15676

33.

a. 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.

Approved - Agreement No.: A-15677

34.

Approve 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.

Adopted - Resolution No.: 22-029

35.

36.

Receive and Accept the Treasurer’s Report of Investments for the Quarter Ending December 31,

2021.

Approved

Adopt 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.

Adopted Resolution No. 22-030; Agreement No.: A-15678

Housing and Community Development

37.

Adopt 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).

Adopted Resolution No. 22-031

38.

a. 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)

Approved

39.

a. 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)

Approved

Public Works, Facilities and Parks

40.

Adopt 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 required by the DWR and SCC, after review and approval as to

form by County Counsel.

Adopted Resolution No. 22-032

41.

a. 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 Director of Public Works, Facilities and Parks 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.

Approved

42.

a. 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 - Agreement No.: A-15679

43.

Introduce, 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).