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Board of Supervisors

August 20, 2024 ·9:00 AM Final-Revised ·Supervisor Mary L. Adams remotely appearing at 2565 Cherosen Rd Louisville, KY 40299

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Agenda — 73 items

1 Participation in meetings While the Board chambers remain open, members of the public may participate in Board meetings in 2 ways: 1. You may attend the meeting in person; or, 2. You may observe the live stream of the Board of Supervisors meetings at https://monterey.legistar.com/Calendar.aspx, http://www.mgtvonline.com/, www.youtube.com/c/MontereyCountyTV or https://www.facebook.com/MontereyCoInfo/ If you choose not to attend the Board of Supervisors meeting but desire to make general public comment, or comment on a specific item on the agenda, you may do so in 2 ways: a. submit your comment via email by 5:00 p.m. on the Monday prior to the Board meeting. Please submit your comment to the Clerk of the Board at cob@co.monterey.ca.us. In an effort to assist the Clerk in identifying the agenda item relating to your public comment please indicate in the Subject Line, the meeting body (i.e. Board of Supervisors Agenda) and item number (i.e. Item No. 10). Your comment will be placed into the record at the Board meeting. b. you may participate through ZOOM. For ZOOM participation please join by computer audio at: https://montereycty.zoom.us/j/224397747 OR to participate by phone call any of these numbers below: +1 669 900 6833 US (San Jose) +1 346 248 7799 US (Houston) +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 253 215 8782 US +1 301 715 8592 US Enter this Meeting ID number: 224397747 when prompted. Please note there is no Participant Code, you will just hit # again after the recording prompts you. You will be placed in the meeting as an attendee; when you are ready to make a public comment if joined by computer audio please Raise your Hand; and by phone please push *9 on your keypad. PLEASE NOTE: IF ALL BOARD MEMBERS ARE PRESENT IN PERSON, PUBLIC PARTICIPATION BY ZOOM IS FOR CONVENIENCE ONLY AND IS NOT REQUIRED BY LAW. IF THE ZOOM FEED IS LOST FOR ANY REASON, THE MEETING MAY BE PAUSED WHILE A FIX IS ATTEMPTED BUT THE MEETING MAY CONTINUE AT THE DISCRETION OF THE CHAIRPERSON. Participación en reuniones Mientras las cámaras de la Junta permanezcan abiertas, los miembros del público pueden participar en las reuniones de la Junta de 2 maneras: 1. Podrá asistir personalmente a la reunión; o, 2. Puede observar la transmisión en vivo de las reuniones de la Junta de Supervisores en https://monterey.legistar.com/Calendar.aspx, http://www.mgtvonline.com/, www.youtube.com/c/MontereyCountyTV o https://www.facebook.com/MontereyCoInfo/ Si elige no asistir a la reunión de la Junta de Supervisores pero desea hacer comentarios del público en general o comentar un tema específico de la agenda, puede hacerlo de 2 maneras: a. envíe su comentario por correo electrónico antes de las 5:00 p.m. el lunes anterior a la reunión de la Junta. Envíe su comentario al Secretario de la Junta a cob@co.monterey.ca.us. En un esfuerzo por ayudar al secretario a identificar el tema de la agenda relacionado con su comentario público, indique en la línea de asunto el cuerpo de la reunión (es decir, la agenda de la Junta de Supervisores) y el número de artículo (es decir, el artículo n.º 10). Su comentario se colocará en el registro en la reunión de la Junta. b. puedes participar a través de ZOOM. Para participar en ZOOM, únase por audio de computadora en: https://montereycty.zoom.us/j/224397747 O para participar por teléfono llame a cualquiera de estos números a continuación: +1 669 900 6833 EE. UU. (San José) +1 346 248 7799 EE. UU. (Houston) +1 312 626 6799 EE. UU. (Chicago) +1 929 205 6099 EE. UU. (Nueva York) +1 253 215 8782 EE. UU. +1 301 715 8592 EE. UU. Ingrese este número de ID de reunión: 224397747 cuando se le solicite. Tenga en cuenta que no hay un código de participante, simplemente presione # nuevamente después de que la grabación lo solicite. Se le colocará en la reunión como asistente; cuando esté listo para hacer un comentario público si se une al audio de la computadora, levante la mano; y por teléfono, presione *9 en su teclado. TENGA EN CUENTA: SI TODOS LOS MIEMBROS DE LA JUNTA ESTÁN PRESENTES EN PERSONA, LA PARTICIPACIÓN DEL PÚBLICO POR ZOOM ES ÚNICAMENTE POR CONVENIENCIA Y NO ES REQUERIDA POR LA LEY. SI LA ALIMENTACIÓN DE ZOOM SE PIERDE POR CUALQUIER MOTIVO, LA REUNIÓN PUEDE PAUSARSE MIENTRAS SE INTENTA UNA SOLUCIÓN, PERO LA REUNIÓN PUEDE CONTINUAR A DISCRECIÓN DEL PRESIDENTE.
2 The Board of Supervisors welcomes you to its meetings, which are regularly scheduled each Tuesday. Your interest is encouraged and appreciated. Meetings are held in the Board Chambers located on the first floor of the Monterey County Government Center, 168 W. Alisal St., Salinas, CA 93901. As a courtesy to others, please turn off all cell phones and pagers prior to entering the Board Chambers. ALTERNATE AGENDA FORMATS: If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 USC Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Individuals with a disability requiring a modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may make these requests to the Clerk of the Board Office. CEREMONIAL/APPOINTMENTS/OTHER BOARD MATTERS: These items may include significant financial and administrative actions, and items of special interest, usually approved by majority vote for each program. The regular calendar also includes “Scheduled Items,” which are noticed hearings and public hearings. CONSENT CALENDAR: These matters include routine financial and administrative actions, appear in the supplemental section by program areas, and are usually approved by majority vote. TO ADDRESS THE BOARD ON A MATTER ON THE AGENDA: Walk to the podium and wait for recognition by the Chair. In order that all interested parties have an opportunity to speak, please be brief and limit your comments to the specific subject under discussion. Time limitations shall be at the discretion of the Chair, with equal time allocated to opposing sides of an issue insofar as possible. Allocated time may not be reserved or granted to others, except as permitted by the Chair. On matters for which a public hearing is required, please note that a court challenge to the Board’s action may be limited to only those issues raised at the public hearing or in correspondence delivered to the Board at or before the public hearing. TO ADDRESS THE BOARD DURING PUBLIC COMMENT: Members of the public may address comments to the Board concerning each agenda item and may comment when the Chair calls for general public comment for items that are not on the day's agenda. The timing of public comment shall be at the discretion of the Chair. DOCUMENT DISTRIBUTION: Documents related to agenda items that are distributed to the Board less than 72 hours prior to the meeting shall be available for public inspection at the Clerk of the Board Office, 168 W. Alisal Street, 1st Floor, Salinas, CA. Documents distributed to the Board at the meeting by County staff will be available at the meeting; documents distributed to the Board by members of the public shall be made available after the meeting. INTERPRETATION SERVICE POLICY: The Monterey County Board of Supervisors invites and encourages the participation of Monterey County residents at its meetings. If you require the assistance of an interpreter, please contact the Clerk of the Board located in the Monterey County Government Center, 168 W. Alisal St., Salinas - or by phone at (831) 755-5066. The Clerk will make every effort to accommodate requests for interpreter assistance. Requests should be made as soon as possible, and at a minimum 24 hours in advance of any meeting of the Board of Supervisors. La Cámara de Supervisores del Condado de Monterey invita y apoya la participación de los residentes del Condado de Monterey en sus reuniones. Si usted requiere la asistencia de un interprete, por favor comuníquese con la oficina de la Asistente de la Cámara de Supervisores localizada en el Centro de Gobierno del Condado de Monterey, (Monterey County Government Center), 168 W. Alisal, Salinas – o por teléfono al (831) 755-5066. La Asistente hará el esfuerzo para acomodar los pedidos de asistencia de un interprete. Los pedidos se deberán hacer lo mas pronto posible, y a lo mínimo 24 horas de anticipo de cualquier reunión de la Cámara de Supervisores. All documents submitted by the public must have no less than ten (10) copies. The Clerk of the Board of Supervisors must receive all materials for the agenda packet by noon on the Tuesday one week prior to the Tuesday Board meeting. Any agenda related writings or documents distributed to members of the County of Monterey Board of Supervisors regarding any open session item on this agenda will be made available for public inspection in the Clerk of the Board’s Office located at 168 W. Alisal St., 1st Floor, Salinas, California. during normal business hours and in the Board Chambers on the day of the Board Meeting, pursuant to Government Code §54957.5 HELPFUL INFORMATION/INFORMACION UTIL Sign Up For Alerts on items you may be interested in to keep informed and up to date on the Monterey County Board of Supervisors To create an Alert please Sign Up and follow the User Guide to create alerts for calendars, meeting details, agenda items and item details at the following link: https://monterey.legistar.com/Default.aspx If assistance is needed please contact our office at the following email: cob@co.monterey.ca.us Regístrese para recibir alertas sobre artículos que le pueden interesar para mantenerse informado y actualizado sobre la Junta de Supervisores del Condado de Monterey Para crear una alerta, regístrese y siga la Guía del usuario para crear alertas para calendarios, detalles de reuniones, elementos de agenda y detalles de elementos en el siguiente enlace: https://monterey.legistar.com/Default.aspx Si necesita ayuda, comuníquese con nuestra oficina al siguiente correo electrónico: cob@co.monterey.ca.us
3 PAGE BREAK
3 Staff Present present
4 NOTE: All agenda titles related to numbered agenda items are live web links. Click on the title to be directed to the corresponding Board Report.
5 PUBLIC COMMENT: Members of the public may address comments to the Board concerning each agenda item. The timing of public comment shall be at the discretion of the Chair.
6 9:00 A.M. - Called to Order called to order
7 Roll Called roll called
8 Additions and Corrections for Closed Session by County Counsel additions and corrections by county counsel
9 Closed Session
1. Closed Session under Government Code section 54950, relating to the following items: a. Pursuant to Government Code sections 54956.9(d)(2) and 54956.9(d)(4), the Board will confer with legal counsel regarding two matters of significant exposure to litigation and/or potential initiation of litigation. b. Pursuant to Government Code section 54956.8, the Board will confer with real property negotiators: (1) Property: 27885 Robinson Canyon Road, Carmel Valley, CA 93923 Agency Negotiator(s): Randell Ishii, Director of Public Works, Facilities and Parks Negotiating Parties: Carmel Unified School District Under negotiation: Price and terms. c. Pursuant to Government Code section 54957(b)(1), the Board will confer regarding discipline, dismissal, or release of a public employee. 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 54956.9(d)(1), the Board will confer with legal counsel regarding existing litigation: (1) Guillermo Garcia, et al. v. County of Monterey, et al. (U.S. District Court for the Northern District of California Case No. 24-cv-03421-BLF) (2) Luis Estrada (Worker’s Compensation Appeals Board No. ADJ9734029) (3) Luis Estrada (Worker’s Compensation Appeals Board No. ADJ938680) (4) Luis Estrada (Worker’s Compensation Appeals Board No. ADJ9106519) (5) Luis Estrada (Worker’s Compensation Appeals Board No. ADJ9109687) (6) Luis Estrada (Worker’s Compensation Appeals Board No. ADJ10621131) CS 24-034
11 Public Comments for Closed Session no comments made
11 Staff Present present
12 The Board Recessed for Closed Session Agenda Items recessed
12 Announcement of Interpreter announced interpreter
13 10:30 A.M. - Reconvened on Public Agenda Items reconvened
14 Roll Called roll called
15 Pledge of Allegiance pledge
16 Additions and Corrections by Clerk additions and corrections by clerk
17 Ceremonial Resolutions
2. Adopt a resolution honoring Dr. Caleb Liem on his retirement from Natividad Medical Center. (Supervisor Askew) CR 24-091 adopted Pass
3. Adopt a resolution honoring Garry Kirby’s dedication to California State University Monterey Bay athletics program and his recognition as the 2024 Athletic Director of the Year. (Supervisor Askew) CR 24-092 removed from agenda via additions and corrections
4. Adopt a resolution to acknowledge August 4-10, 2024, as National Health Center Week, with the theme, “Powering Communities Through Caring Connections.” (Supervisor Church) CR 24-093
5. Adopt a resolution honoring The 27th Annual American Cancer Society Relay for Life of The Salinas Valley. (Supervisor Alejo) CR 24-094
22 Appointments
6. Reappoint Sandi Austin to the Housing Advisory Committee representing District 2 with a term expiration date on August 20, 2026. (Nominated by District 2 Supervisor Church) APP 24-089
7. Appoint Tyler Burrola to the Housing Advisory Committee representing District 1 as a Primary Representative filling an unexpired term with a term end date of July 09, 2026. (Nominated by District 1 Supervisor Alejo) APP 24-090
25 Approval of Consent Calendar – (See Supplemental Sheet)
8. See Supplemental Sheet OBM 24-108 approved on consent calendar
27 General Public Comments
9. General Public Comments This portion of the meeting is reserved for persons to address the Board on any matter not on this agenda but under the jurisdiction of the Board of Supervisors. Board members may respond briefly to the statement made or questions posed. They may ask a question for clarification; make a referral to staff for factual information or request staff to report back to the Board at a future meeting. OBM 24-109
29 Scheduled Matters
10. Conduct an annual review of the Board of Supervisors referral matrix. 24-565
11. Central Coast Community Energy Annual Member Agency Presentation 24-563
32 12:00 P.M. - Recess to Lunch back into Closed Session recessed
33 1:30 P.M. - Reconvened reconvened
33 Staff Present present
34 Roll Called roll called
34 Announcement of Interpreter
35 Scheduled Matters
12. REF220020 - GENERAL PLAN HOUSING ELEMENT SIXTH CYCLE UPDATE Receive a status report of the draft Sixth Cycle Housing Element. Project Location: Unincorporated County of Monterey Proposed CEQA Action: Statutory exemption pursuant to Section 15262 of the California Environmental Quality Act (“CEQA”) Guidelines. 24-531
13. a. Consider approving one of the three recommended options for the Development Set-Aside (DSA) Program; and b. Consider approving one of the three recommended proposal selection options for the DSA Program. 24-547
38 Other Board Matters
39 County Administrative Officer Comments
14. County Administrative Officer Comments OBM 24-110
41 New Referrals
15. New Referrals OBM 24-111
43 Board Comments
17. Board Comments OBM 24-112
45 Read Out from Closed Session by County Counsel
46 Adjourned in Memory of Cresencio Diaz (ADDED VIA ADDITIONS AND CORRECTIONS)
47 PAGE BREAK
48 Supplemental Sheet, Consent Calendar
49 Health Department
18. Approve and authorize the Director of Health Services or designee to execute Amendment No. 1 to the Standard Agreement with Dragonfly Forward, LLC to provide program planning and consultation to aid in the fulfillment of the approved “Rainbow Connections” MHSA Innovation Plan in the amount of $199,500 for FY 2024-25 and $130,500 for FY 2025-26 for a total Agreement amount not to exceed $1,570,800 for the term beginning September 1, 2024 through June 30, 2026. A 24-401 removed from agenda via additions and corrections
19. a. Approve and authorize the Director of Health Services or designee to execute Amendment No. 1 to Agreement No. A-16026 with Engineered Products, a Papé Company DBA Overhead Door Company of Salinas, for the provision of repair and maintenance on garage doors at the Animal Service Facility (160 Hitchcock Road, Salinas, CA, 93908) and security rolling gates at the Health Department Administration Building (1270 Natividad Rd., Salinas, CA. 93906), adding $20,000 for a total Agreement amount not to exceed $40,000, and extending the agreement term an additional two (2) years for a revised term of September 15, 2022 through September 14, 2026; b. Approve the Director of Health Services or designee to approve up to two (2) future Amendments that do not exceed 10% ($2,000) of the original Agreement amount, and does not significantly alter the scope of services, for a maximum Agreement amount of $42,000; and c. Approve and authorize the Contracts and Purchasing Officer or designee to execute future Amendments, provided they do not exceed an aggregate amount of $200,000 and fall within the signing authority of the Contracts and Purchasing Officer. A 24-408 removed from agenda via additions and corrections
20. a. Approve and authorize the Director of Health Services or designee to execute a non-standard Agreement with Erikson Institute to provide both English and Spanish Practitioner Facilitated Attuned Interactions (FAN) Training, and FAN Train-the-Trainer Cohorts facilitated by Endorsed Trainers, effective upon execution to August 31, 2028, for a total Agreement amount of $213,600; and b. Approve a non-standard Agreement as recommended by the Director of Health Services; and c. Approve and authorize the Director of Health Services or designee to sign up to three future amendments where the combined amendments do not exceed 10% ($21,360) of the original amount and does not significantly change the scope, total not to exceed a maximum of $234,960. A 24-409 removed from agenda via additions and corrections
21. Approve and authorize the Contracts & Purchasing Officer or designee to execute a non-standard Agreement with First Alarm, a California corporation for 24-hour monitoring Intrusion/Burglar System services at the Clinic Services Administration Office located at 1615 Bunker Hill Way, Salinas, for the term retroactive to April 1, 2024 through March 31, 2026, for a total Agreement amount of $7,936. A 24-410
22. a. Approve and authorize the Director of Health Services or designee to execute an Agreement between the County of Monterey and The Data Center, LLC for the provision of printing and distribution services for a total Agreement amount not to exceed $15,000 for the term September 1, 2024 through June 30, 2027; and b. Approve and authorize the Director of Health Services or designee to execute up to one (1) future amendment that does not exceed 10% of the initial amount specified in the Agreement, and does not significantly change the scope of services, for a total in the aggregate not to exceed $16,500; and c. Approve the non-standard insurance and indemnification provisions in the Agreement as recommended by the Director of Health Services. A 24-411
55 Department of Social Services
23. a. Approve and authorize the Director or designee of the Department of Social Services to sign a no cost agreement with the California Department of Social Services to establish responsibilities for the provision and receipt of legal consultation and legal representation for administrative appeals associated with the Resource Family Approval Program; retroactive to July 1, 2024 through June 30, 2027; and b. Authorize the Director or designee of the Department of Social Services to sign up to three amendments to Agreement as long as they do not encompass payment or significantly change the terms of this Agreement. A 24-403
57 Criminal Justice
24. a. Approve and authorize the Contracts/Purchasing Officer or their designee to execute Amendment No. 2 to the Agreement with Guardian PSBI, Inc. dba Guardian Public Safety Background Investigations to provide pre-employment background investigation services for the Probation Department, to extend the term of the Agreement for two (2) additional years through August 31, 2026, for a revised term of August 28, 2023 through August 31, 2026, and to increase the Agreement’s amount by $175,000 for a revised total Agreement amount not to exceed $231,900; and b. Authorize the Contracts/Purchasing Officer or their designee to execute future amendments to the Agreement where the total amendments do not exceed 10% ($23,190) of the Agreement amount and do not significantly change the scope of services, for a not to exceed maximum amount of $255,090. A 24-389
25. a. Approve and Authorize the Contracts and Purchasing Officer or her designee to execute Amendment #1 to the three (3) year non-standard agreement A-15551 with Vigilant Solutions, LLC, dba Motorola Solutions, for license plate recognition software licenses, in the amount of $3,003 for a total not to exceed amount of $16,503 for the period of 10/11/2024 through 10/10/2025. A 24-392
26. Receive and accept the Annual Real Estate Fraud Report for Fiscal Year (“FY”) 2023-24 submitted by the District Attorney’s Office in accordance with California Government Code section 27388, subdivision (d). 24-544
61 General Government
27. Adopt a resolution to both approve amendments to and revise Pajaro/Sunny Mesa Community Services District’s Conflict of Interest Code. RES 24-147
28. a. Authorize the Chief Information Officer or his designee to execute Amendment No. 1 to the non-standard Antenna Site Agreement with SBA Structures, LLC, for the use of tower antenna and ground space for County telecommunications equipment, located at 3400 Red Wolf Drive, Carmel, CA, modifying the agreement to increase the monthly rent by $1,100 effective from the date when this Amendment is executed by both parties, for an adjusted agreement amount not to exceed $835,178; b. Authorize the Chief Information Officer or his designee to execute up to three (3) future amendments to this Agreement, each extending the term by five years, with County Counsel review, provided the Agreement terms and conditions do not significantly change, and provided annual rent increases do not exceed 5% over the previous year’s rent. A 24-404
64 Housing and Community Development
29. a. Approve and authorize a Memorandum of Understanding (“MOU”), between the County of Monterey, the Monterey Peninsula Water Management District, the California Department of Parks and Recreation, the Monterey Peninsula Regional Park District, and Big Sur Land Trust for the long-term maintenance and management of the Carmel River Floodplain Restoration and Environmental Enhancement (CRFREE) Project (REF 140048); and b. Approve and authorize the Director of Housing and Community Development to sign the proposed MOU. A 24-182 removed from agenda via additions and corrections
66 Public Works, Facilities and Parks
30. a. Approve an Agreement for Purchase of Real Property to purchase a Permanent Roadway Easement, and a Permanent Utility Easement, (2.682 acres, and 1.392 acres respectively) between the County of Monterey and Rodriguez, Jr., et al, (APN 207-031-005, APN 207-031-006, and 207-031-007), in the amount of $386,863 for right-of-way for the construction of Davis Road Bridge Replacement and Road Widening project, Project No. 3600; and b. Approve an Agreement for the Subordination of Real Property becoming subject to and of lower priority than the real property interest of a Permanent Roadway Easement and utility easement, (0.328 acres and 1.392 acres respectively) between the County of Monterey and Ag Land Trust f/k/a Monterey County Agricultural and Historical Land Conservancy, Inc. for the right-of-way for the construction of Davis Road Bridge Replacement and Road Widening project, Project No. 3600; and c. Authorize the Director of Public Works, Facilities and Parks (PWFP) or their designee to execute the Agreement for Purchase of Real Property to purchase a Permanent Roadway Easement, and a Temporary Construction Easement. d. Authorize the Director of Public Works, Facilities and Parks (PWFP) or their designee to execute the Agreement for the Subordination of Real Property becoming subject to and of lower priority than the real property interest of a Permanent Roadway Easement. e. Authorize the Director of Public Works, Facilities and Parks (PWFP) or their designee to accept the Permanent Roadway Easement and execute the Certificate of Acceptance and Consent to Recordation. f. Authorize the Director of Public Works, Facilities and Parks (PWFP) or their designee to accept the Subordination Agreement and execute the Certificate of Acceptance and Consent to Recordation. A 24-394
31. a. Award a contract to Coastal Paving and Excavating, Inc., the lowest responsible bidder for the Carmel Valley Road Resurfacing Project, Project No. 5525 (Project), in the total amount of $2,777,777; b. Approve the Performance and Payment Bonds executed and provided by Coastal Paving and Excavating, Inc.; c. Authorize a contingency, not to exceed 10% of the contract amount or $277,778, to provide funding for approved contract change orders; d. Authorize the Director of Public Works, Facilities and Parks to execute the contract subject to the provisions of the Public Contract Code and Board Policies as applicable, approve change orders to the contract that do not exceed 10% of the original contract amount ($277,778), do not significantly change the scope of work, not to exceed the maximum contract amount of $3,055,555; and e. Authorize the Director of Public Works, Facilities and Parks to execute a Certificate of Completion and record a Notice of Completion with the County Recorder when the Director determines that the contract is complete in all respects in accordance with the Plans and Special Provisions for the construction of the Carmel Valley Road Resurfacing, Project No. 5525. California Environmental Quality Act (CEQA) Action: The Project has been determined to be categorically exempt (Class 1) because the Project is to perform repair and maintenance of existing streets and similar facilities which involve no expansion of an existing use (See CEQA Guidelines, California Code of Regulations (CCR) Section 15301 Existing Facilities). A 24-402