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Board of Supervisors

October 8, 2024 ·9:00 AM Final-Revised

Agenda — 67 items

  1. 1 9:00 A.M. - Called to Order called to order
  2. 2 Roll Called roll called
  3. 3 Staff Present present
  4. 4 Additions and Corrections for Closed Session by County Counsel additions and corrections by county counsel
  5. 5 Closed Session
  6. 1. 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) Jesse Hernandez, et al. v. County of Monterey, et al. (U.S. District Court Northern District No. 13-CV-02354-BLF) (2) Idaho v. United States, et al. (United States Court of Appeals Ninth Circuit Court Case No. 23-35440) (3) Idaho v. United States, et al. (United States Court of Appeals Ninth Circuit Court Case No. 23-35450) b. Pursuant to Government Code section 54956.9(d)(4), the Board will confer with legal counsel regarding one matter of potential initiation of litigation. c. Pursuant to Government Code section 54957(b)(1), the Board will provide a performance evaluation for the County Administrative Officer. d. Pursuant to Government Code section 54957.6, the Board will provide direction to negotiators: (1) Designated representatives: Andreas Pyper, Kim Moore and Ariana Hurtado Employee Organization(s): All Units e. Pursuant to Government Code section 54957(b)(1), the Board will provide a performance evaluation for the Public Defender. CS 24-043
  7. 7 Public Comments for Closed Session general public comments made
  8. 8 The Board Recessed for Closed Session Agenda Items recessed
  9. 9 10:30 A.M. - Reconvened on Public Agenda Items reconvened
  10. 10 Roll Called roll called
  11. 11 Staff Present present
  12. 12 Announcement of Interpreter announced interpreter
  13. 13 Pledge of Allegiance pledge
  14. 14 Additions and Corrections by Clerk additions and corrections by clerk
  15. 15 Ceremonial Resolutions
  16. 2. Adopt a resolution proclaiming the week of October 6, 2024, through October 12, 2024, as National 4-H Week in Monterey County. (Supervisor Alejo) CR 24-123 adopted Pass
  17. 3. Adopt a resolution declaring every October 12, as Indigenous Peoples Day in Monterey County. (Supervisor Alejo) CR 24-124 adopted Pass
  18. 4. Adopt a resolution honoring Employees Customer Service Week providing quality Customer Service. (Supervisor Church) CR 24-125 adopted Pass
  19. 5. Adopt a resolution commending Law Librarian, Estalee Weill upon her retirement from 38 years of dedicated public service to the County of Monterey. (Supervisor Church) CR 24-127 adopted Pass
  20. 6. Adopt a resolution celebrating the 100th Anniversary of the Buddhist Temple of Salinas in Monterey County. (Supervisor Alejo) CR 24-126 adopted Pass
  21. 21 Appointments
  22. 7. Appoint Roger Gilbert to the Workforce Development Board as an Economic Development Representative with a term ending on October 15, 2027. (Nominated by the Workforce Development Board) APP 24-114 appointed Pass
  23. 8. Appoint William Eldredge to the Area Agency on Aging Advisory Board as a District 2 Representative with a term ending on January 1, 2027. (District Specific - District 2, Supervisor Church) APP 24-111 appointed Pass
  24. 24 Approval of Consent Calendar – (See Supplemental Sheet)
  25. 9. See Supplemental Sheet OBM 24-139 approved on consent calendar
  26. 26 General Public Comments
  27. 28 Scheduled Matters
  28. 11. a. Receive an update on the County of Monterey’s Risk Management Division’s mission, structure, responsibilities, and goals for Fiscal Year (“FY”) 2024/2025. b. Provide direction to staff. 24-653 received
  29. 12. Nominate one member of the Board of Supervisors to serve on the California State Association of Counties (CSAC) Board of Directors, and one member of the Board of Supervisors to serve as alternate, for a one-year term of office commencing on November 18, 2024. APP 24-112 appointed Pass
  30. 31 12:00 P.M. - Recessed to Lunch and back to Closed Session recessed
  31. 32 1:30 P.M. - Reconvened reconvened
  32. 33 Roll Called roll called
  33. 34 Staff Present present
  34. 35 Announcement of Interpreter announced interpreter
  35. 36 Scheduled Matters
  36. 12.1 a. Provide direction at the first of two workshops for the prioritization of 3-5 projects previously approved or recently proposed for the Capital Improvement Program Five-Year Plan, Workplan for Fiscal Years 2024/25 through 2028/29; and b. Direct staff to return to the Board of Supervisors in November 2024 for the second of two workshops focused on funding relative to the top priorities. (ADDED VIA ADDENDA) 24-658 appointed Pass
  37. 38 Other Board Matters
  38. 39 Referral Matrix and New Referrals
  39. 13. Referral Matrix and New Referrals - No New Referrals OBM 24-142 no comments made and referrals read
  40. 41 County Administrative Officer Comments
  41. 14. County Administrative Officer Comments OBM 24-141 made
  42. 43 Board Comments
  43. 15. Board Comments OBM 24-143 made
  44. 45 Read Out from Closed Session by County Counsel recited
  45. 46 Adjourned adjourned
  46. 47 PAGE BREAK
  47. 48 Supplemental Sheet, Consent Calendar
  48. 49 Natividad Medical Center
  49. 16. a. Authorize the Auditor-Controller to complete the transfer of funds from Natividad Medical Center's (NMC) Enterprise Fund NMC00l-451-9600-8142 to the Capital Reserve Fund NMC002-404-9600-8142 in the amount of $117,090,572 for major capital projects and equipment, which includes a hospital information technology system conversion; and b. Authorize the Auditor-Controller to complete the transfer of fund from NMC’s Enterprise Fund NMC001-451-9600-8142 to NMC Strategic Reserve Fund 3111, in the amount of $8,500,000, to increase reserve funds available for NMC’s working capital for 30 days. A 24-460 approved Pass
  50. 51 Health Department
  51. alad17. a. Accept and approve a Mobile Clinic Agreement template to be used in partnering with school districts throughout Monterey County for the delivery of primary medical care, oral health services, behavioral health services, health education, and other services by the County of Monterey Health Department Clinic Services Bureau to the Monterey County community; and b. Approve and accept a second Mobile Clinic Agreement template to be used in partnering with school districts throughout Monterey County for the delivery of oral health prevention, education, and organized community efforts via the Local Oral Health Program managed by the County of Monterey Health Department Public Health Bureau, as well as primary medical care, oral health services, behavioral health services, health education, and other services by the County of Monterey Health Department Clinic Services Bureau to the Monterey County community; and c. Approve the recommendation of Director of Health Services to accept all non-standard risk provisions in Agreement templates; and d. Approve and authorize updates to the Mobile Clinic Agreement templates in accordance with local, state, and federal law, subject to review and approval of County Counsel; and e. Approve and authorize amendments to the Mobile Clinic Agreement templates that do not significantly change the level of risk or the scope of a party’s obligations or responsibilities, subject to review and approval of County Counsel and County Risk Manager; and f. Approve and authorize the Director of Health Services or their designee to execute the Mobile Clinic Agreement templates with participating School Districts. A 24-467 approved Pass
  52. 53 Department of Social Services
  53. 18. a. Approve and authorize the Director or designee of the Department of Social Services to sign Amendment #4 to Agreement #A-16398 with the Housing Resource Center of Monterey County for Housing Support and Family Stabilization Program services by adding $1,024,527 of Housing Support Program funds for a new total contract of $5,735,207 with no change to the contract term of July 1, 2023 to June 30, 2025; and b. Authorize the Director or designee of the Department of Social Services to sign up to three amendments to this Agreement where the total amendments do not exceed 10% ($573,521) of the amended contract amount, do not significantly change the scope of work, and do not exceed the maximum aggregate amount of $6,308,728. A 24-459 approved Pass
  54. 55 Criminal Justice
  55. 19. a. Authorize the County Counsel to execute a Renewal and Amendment No. 1 to an Agreement for Specialized Attorney Services (“Agreement”) with the Law Offices of Kelly Wachs, P.C., for independent consulting and legal services with respect to employment-based immigration law matters for the Monterey County District Attorney’s Office, retroactive to July 1, 2024, adding three years (July 1, 2024 through June 30, 2027) for a revised full term April 1, 2023, through June 30, 2027, and adding $23,000 for a total agreement amount not to exceed $30,000; and b. Authorize the County Counsel to execute one future amendment to this Agreement where the future amendment does not exceed $8,000 for a revised total agreement amount not to exceed $38,000 and does not significantly change the scope of work. 24-644 approved Pass
  56. 57 General Government
  57. 20. Adopt Resolution to approve the amendments to the Conflict of Interest Code of the Office of the County Counsel, County of Monterey. 24-638 adopted Pass
  58. 21. a. Approve and authorize the Treasurer-Tax Collector’s Revenue Division Application for Discharge from Accountability for the collection of delinquent court-ordered criminal and traffic fines, fees, penalties, and assessments deemed uncollectible due to age of debt and lack of value where the cost of recovery exceeds the cost of collection efforts, per Government Code Section 25257; and b. Authorize the Treasurer-Tax Collector or her designee to take all necessary and appropriate action to discharge the accountability of delinquent court-ordered accounts pursuant to Government Code Section 25259. 24-641 approved Pass
  59. 22. a. Approve and authorize the Chief Information Officer to sign a non-standard Agreement with the CitySpark Incorporated for SceneThink Events Portal license for the term of October 8, 2024, through August 31, 2027, in an amount not to exceed $10,000; and b. Authorize the Chief Information Officer to sign up to two (2) amendments to this agreement of one (1) year each, provided additional costs do not exceed 10% of the prior year subject to County Counsel review and provided the terms of the agreement remain substantially the same, bringing the maximum compensation Not to Exceed amount to $15,544. (REVISED VIA SUPPLEMENTAL) A 24-455 approved Pass
  60. 23. a. Approve the Agreement for Taxing Entity Compensation (“Master Tax Agreement”) with the City of Seaside for distribution of the net unrestricted proceeds from future sales of the properties identified in a Long Range Property Management Plan of the Redevelopment Agency of the City of Seaside, and b. Authorize the County Administrative Officer to execute the Agreement. 24-647 approved Pass
  61. 24. a. Approve and authorize the Auditor-Controller to increase appropriations and revenues by $945,475 in the Department of Emergency Management (DEM) FY 2024-25 Adopted Budget (001-1040-8588-DEM001) for the Pajaro Unmet Needs Individual and Household Disaster and Assistance Program ( administered by the Monterey County Department of Emergency Management), financed by an operating transfer from AB 102 2023 Winter Storms Flood Relief (WS) Program WS23 01 0270 Grant (BSA 2720 Sub BSA WSFR) (4/5th vote required); and b. Approve and authorize the Auditor-Controller to increase appropriations and revenues by $2,894,194 in the County Administrative Office FY 2024-25 Adopted Budget (021-1050-8478-CAO030) for the Pajaro Unmet Needs Small Business Disaster Assistance Program (administered by the Monterey County Workforce Development Board), financed by an operating transfer from AB 102 2023 Winter Storms Flood Relief (WS) Program #WS23 01 0270 Grant (BSA 2720 sub BSA WSFR) (4/5th vote required) RES 24-170 approved Pass
  62. 25. Adopt a Resolution amending Article XV of the Monterey County Master Fee Resolution, effective November 8, 2024, adding clarifying language and authorizing new fees for Treasurer-Tax Collector services. 24-648 adopted Pass
  63. 64 Public Works, Facilities and Parks
  64. al26. a. Approve Amendment No. 3 to Professional Services Agreement No. A-15826, Multi-Year Agreement #3200*6415, with Biggs Cardosa Associates, Inc. to continue to provide construction management services for the Hartnell Road Bridge Replacement Project, County Bridge No. 209, Request for Proposals #10804, to increase the not to exceed amount by $75,567 for a total amount not to exceed $955,739 with no extension to the term from June 15, 2022 to June 14, 2025, with the option to extend the term for two additional 1-year period(s); and b. Authorize the Contracts & Purchasing Officer or their designee to execute Amendment No. 3 to Professional Services Agreement No. A-15826 and future amendments to the Agreement where the amendments do not significantly alter the scope of work or increase the approved Agreement amount. A 24-464 approved Pass
  65. 27. a. Award Traffic Striping and Signage Job Order Contracts (JOC) for a term of 1 year from the date signed by County with a minimum contract value of $25,000 and a maximum contract value of $2,000,000 to the following bidders: TSS 2024-01 Cato’s General Engineering; TSS 2024-02 CHRISP Company; b. Award Roads & Bridges Job Order Contracts (JOC) for a term of 1 year from date signed by County with a minimum contract value of $25,000 and maximum contract value of $6,023,368 to the following bidders: R&B 2024-01 Granite Rock Company; R&B 2024-02 Papich Construction Company, Inc.; R&B 2024-03 Cato’s General Engineering; R&B 2024-04 A. Teichert & Son, Inc. dba Teichert Construction; R&B 2024-05 Granite Construction Company; and R&B 2024-06 Coastal Paving & Excavating, Inc.; c. Award Emergency Repair Work Job Order Contracts for a term of 1 year from the date signed by County with a minimum contract value of $25,000 and maximum contract value of $6,023,368 to the following bidders: ERW 2024-01 Granite Rock Company; ERW 2024-02 Papich Construction Company, Inc.; and ERW 2024-03 A. Teichert & Son, Inc. dba Teichert Construction; d. Award Facilities Job Order Contracts for a term of 1 year from the date signed by County with a minimum contract value of $25,000 and maximum contract value of $6,023,368 to the following bidders: FAC 2024-01 Angeles Contractor, Inc.; FAC 2024-02 Staples Construction Company Inc.; FAC 2024-03 Newton Construction & Management, Inc.; and FAC 2024-04 R.F. Koerber Inc.; e. Approve the Performance and Payment Bonds for Traffic Striping and Signage JOC in the amount of $2,000,000 each by Cato’s General Engineering and CHRISP Company; f. Approve the Performance and Payment Bonds for Roads & Bridges JOC in the amount of $6,023,368 each by Granite Rock Company; Papich Construction Company, Inc.; Cato’s General Engineering; A. Teichert & Son, Inc. dba Teichert Construction; Granite Construction Company; and Coastal Paving & Excavating, Inc.; g. Approve the Performance and Payment Bonds for Emergency Repair Work JOC in the amount of $6,023,368 each by Granite Rock Company; Papich Construction Company, Inc.; and A. Teichert & Son, Inc. dba Teichert Construction; h. Approve the Performance and Payment Bonds for Facilities JOC in the amount of $3,011,684 each by Angeles Contractor, Inc.; Staples Construction Company Inc.; Newton Construction & Management, Inc.; and R.F. Koerber Inc.; i. Authorize the Director of the Department of Public Works, Facilities and Parks (PWFP) or the assigned designee to execute the Traffic Striping and Signage, Roads & Bridges, Emergency Repair Work, and Facilities Job Order Contracts; j. Ratify the Director of PWFP determination that the bid packages from CHRISP Company and Coastal Paving & Excavating, Inc. were responsive upon receipt of Addendum Nos. 1 & 2 which was confirmed to be non-material administrative corrections; k. Authorize the Director of PWFP or the assigned designee to approve future increases to Facilities JOC Performance and Payment Bonds up to the maximum contract value of $6,023,368 for the following bidders: Angeles Contractor, Inc.; Staples Construction Company Inc.; Newton Construction & Management, Inc.; and R.F. Koerber Inc. in consultation with the Office of the County Counsel. A 24-458 approved Pass
  66. 27.1 a. Approve a one-time Special Event Use Permit between See & Be Productions Inc. and the County of Monterey to promote and conduct the Wildflower Triathlon at Lake San Antonio, South Shore on May 2-4, 2025, where See & Be Productions Inc. will be responsible for reimbursing all related expenditures incurred by Public Works, Facilities, and Parks (PWFP) in support of the event; b. Find that the one-time Wildflower Triathlon event scheduled for May 2-4, 2025, at Monterey County’s Lake San Antonio, South Shore, is categorically exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15304(e) of the CEQA Guidelines; and c. Authorize the Director of Public Works, Facilities and Parks or designee to sign the Special Event Use Permit between See & Be Productions, Inc. and the County of Monterey. (ADDED VIA ADDENDA) A 24-468 approved Pass
  67. 68 Addenda/Supplemental