BOARD OF SUPERVISORS

 

Fernando Armenta              1st District                                       Lew C. Bauman

Louis R. Calcagno               2nd District                                      County Administrative Officer

W. B. “Butch” Lindley        3rd District                                                                          

Jerry Smith                         4th District  (Chair)                          Charles J. McKee        

Dave Potter                        5th District  (Vice Chair)                  County Counsel

                                                                                                                               

                                                                                                                                               

Darlene Drain                          Phone: (831) 755-5066

Clerk of the Board                  FAX:  (831) 755-5888

P. O. Box 1728                       Home Page:  www.co.monterey.ca.us

Salinas, CA  93902

 

ACTION MINUTES

MONTEREY COUNTY BOARD OF SUPERVISORS

MONTEREY COUNTY SPECIAL DISTRICTS

MONTEREY COUNTY WATER RESOURCES AGENCY

Tuesday, May 23, 2006

9:30 AM

 

9:30 a.m.

1.                  The Pledge of Allegiance  lead by Supervisor Potter

6300.000         2.         Additions and Corrections to the Agenda

The Clerk of the Board will announce Agenda corrections and proposed additions, which may be acted on by the Board as provided in section 54954.2 of the California Government Code.

BOARD ACTION: Upon motion of Supervisor Calcagno, and seconded by Supervisor Lindley, and carried, the Board approved the following additions and corrections:

A/C-1  Adopt Resolution Designating the Week of April 23- 29, 2006, as National Crime Victims’ Rights Week in Monterey County. (Full Board)

3.                  CONSENT CALENDAR - REGULAR (See Supplemental Sheet)

4.                  CONSENT CALENDAR – MONTEREY COUNTY SPECIAL DISTRICTS (See Supplemental Sheet)

 

5.                  CONSENT CALENDAR – MONTEREY COUNTY WATER RESOURCES AGENCY (See Supplemental Sheet)

 

APPOINTMENTS:

Upon motion of Supervisor Calcagno, and seconded by Supervisor Lindley, and carried, the Board approved the following appointments, except as noted:

 

0400.300         6.         Re-appointed Ben Jefferson to the Agricultural Advisory Committee for a term to end June 30, 2009. (Supervisor Smith)

 

0400.300         7.         Re-appointed Jim Manassero to the Agricultural Advisory Committee for a term ending June 30, 2009. (Supervisor Calcagno)

 

0400.300         8.         Re-appointed Robert Denney to the Agricultural Advisory Committee representing the Monterey County Vintner’s & Grower’s Association for a term ending June 30, 2009. (Full Board)

 

0400.300         9.         Re-appointed David Bunn to the Agricultural Advisory Committee representing the Monterey County Farm Bureau for a term ending June 30, 2009. (Full Board)

 

0402.050         10.       Appointed Glenn Nolte, Acting Public Defender, to the Juvenile Justice Coordinating Council, for an undefined term. (Full Board)  

  

0402.050         11.       Appointed Fred Hardee, President, Monterey County Chief Law Enforcement Officer’s Association (MCCLOA), to the Juvenile Justice Coordinating Council, for an undefined term. (Full Board)  

 

0402.050         12.       Appointed Deborah Carrillo, Executive Director, Turning Point of Central   California, to the Juvenile Justice Coordinating Council, for an undefined term. (Full Board)

 

0402.050         13.       Appointed Siobhan Greene, Executive Director, CASA, to the Juvenile Justice Coordinating Council, for an undefined term. (Full Board)

 

OTHER BOARD MATTERS:

6300.000         14.       Board Comments and Referrals

                                    a.   Supervisor Armenta wanted to commemorate Memorial Day and would like to invite everyone to the Vietnam Memorial project located on Laurel at 11:00 a.m.  In addition, the Supervisor wished to remind everyone of the following events:  The Legislative sub-committee meets at Noon in the Monterey Conference Room; Wednesday, May 24 @ 1:30, Voting Rights Ad Hoc Committee of the Board meets 3rd Floor, Esselen Room; and the Mayor Shigeyoshi Ohashi, of Wakuya, Japan will be touring the Government Center on June 2, 2006.

b.   Supervisor Lindley wanted to advise that the Salinas Valley Fair was a successful event, well attended, however it did rain an inch.

 

6300.000         15.       Update on Board Referrals:  There were none

 

0600.025         16.       CAO Comments – The County Administrative Officer had no comments.

 

 

2050.000         17.       Public Comment (Limited to 3 minutes per speaker)

                                    a.   Ron Cheshire                     

b.   Joe Vierra                  

c.   Hans Jongens      

                                    The following individuals spoke in favor of a Parity Contract

                                    d.   Julie Filice                          

                                    e.   Maria Castillo

                                    f.   Harry Gamotan

                                    g.   Janice Jones

                                    h.   Peggy Jonson

                                    i.   Jackie Morris-Lopez

                                    j.   Elaine Aures

                                    In addition, post cards from members Local 817 SEIU were submitted.

           

2050.000         18.       Resolution No. 06-119: Adopted a Resolution honoring the Cominos Family for their contributions to the Greek American community and to Monterey County. (Supervisor Smith)

BOARD ACTION:  Upon motion by Supervisor Armenta, and seconded by Supervisor Lindley, and carried.

 

2050.000         19.       Resolution No. 06-120: Adopted a Resolution Honoring the Monterey Rape Crisis Center and the month of April as "Sexual Assault Awareness Month".

BOARD ACTION:  Upon motion by Supervisor Armenta, and seconded by Supervisor Lindley, and carried.

 

2050.000         20.       Resolution No. 06-121: Adopted a Resolution Honoring the Monterey History and Art Association on their 75th Anniversary.

BOARD ACTION: Upon motion by Supervisor Armenta, and seconded by Supervisor Lindley, and carried.

 

 

 

2050.000         S/A-1  Resolution No. 06-122: Adopted a Resolution Honoring the City of Dubrovnik, Croatia on their visit to the County of Monterey and their partnership with the City of Monterey and Supervisor Dave Potter in the Twinning program of the USAID;

BOARD ACTION: Upon motion by Supervisor Potter, and seconded by Supervisor Smith, and carried.

 

2050.000         A/C-1  Resolution No. 06-123: Adopted a Resolution Designating the Week of April 23 - 29, 2006, as National Crime Victims’ Rights Week in Monterey County. (Full Board)

BOARD ACTION: Upon motion by Supervisor Calcagno, and seconded by Supervisor Lindley, and carried.

 

SCHEDULED MATTERS:

6300.000         S-1      Closed Session under Government Code section 54950, relating to the following items:

a.   Pursuant to Government Code section 54956.9(a), the Board will confer with legal counsel regarding the following existing litigation:

1.   Ted Eastman vs. County of Monterey

2.   Martin J. Wetherholt vs. County of Monterey, et al.

3.   Maria Espinoza (WC)

4.   Water World Resorts, Inc. vs. County of Monterey, et al.

5.   Lake San Antonio Resorts, Inc. vs. County of Monterey, et al.

6.   State Bar Administrative Hearing- Inquiry Number 06-13742

BOARD ACTION:  The Board received an update and provided direction to counsel.

 

b.   Pursuant to Government Code section 54957.6, the Board will confer with labor negotiator(s) (All Units); Keith Honda, designated representative.

BOARD ACTION:  The Board received an update and provided direction to labor negotiator Keith Honda with how to proceed.

 

10:30 a.m.

0125.000

0601.525         S-2      Agreement No.: A-10461; Approved and authorized the Purchasing Manager for the County of Monterey to sign an amendment to the Professional Services Agreement entered into with Jessica Simmons for medical staff coordination services at NMC for the period of April 6, 2006 to June 30, 2006 increasing the amount of the Agreement from $25,000 to $50,000.

BOARD ACTION: Upon motion by Supervisor Lindley, and seconded by Supervisor Calcagno, and carried.

 

1900.000         S-3      Received the oral report and considered recommendations from the Legislative Committee meeting of May 23, 2006.

                        BOARD ACTION:  Upon motion by Supervisor Armenta, and seconded by Supervisor Lindley, and carried.

           

0403.725         S-4      Received report from Carl Sedoryk, General Manager and CEO of Monterey/Salinas Transit.

                        BOARD ACTION: Upon motion by Supervisor Armenta, seconded by Supervisor Lindley, and carried.

 

0602.200   S-5      Considered the refund of appeal fees in the amount of $4,698.84 in light of withdrawal of the appeal Rancho San Ardo, LLC (PLN030471) - Appeal from Minor Subdivision Committee- located east of Lockwood San Ardo Road & southwest of Dudley Road - South County Area

BOARD ACTION: upon motion by Supervisor Lindley, and seconded by Supervisor Calcagno, and carried.

 

12:00 p.m.

Recess to Lunch- Legislative Committee Meeting

1:30 p.m.

0601.175         S-6      Ordinance No. 5030; Considered adoption of an Ordinance amending Chapter 1.10 of the Monterey County Code relating to Local Political Campaign Disclosure.

BOARD ACTION:  Upon motion by Supervisor Armenta, and seconded by Supervisor Calcagno, and carried.

 

0125.000         S-7      Agreement No. A-10484 / B.U. No. 05/06-230:

0150.145                     Considered approval of the Revenue Neutrality Agreement

0601.175                     between the County of Monterey and the proposed Town of Carmel Valley.

                              BOARD ACTION:  Upon motion by Supervisor Potter, and seconded by  Supervisor Calcagno, and carried.

 

                        Public Comment:

The following individuals spoke in favor of the Revenue Neutrality Agreement:

a.       George Whistler

b.      Karin Strasser-Kauffman

c.       Ron Kauffman

d.      Mike McMillan

e.       Glenn Robinson

f.        Margaret Robbins

g.       Milt Kegley

h.       Larry Bacon

i.         Sharon Bacon

j.        Max C. Taplin

k.      Ron Mills

 

The following individuals spoke in opposition to the Revenue Neutrality Agreement:

l.         Franklin J. Lunding

m.     Mel Steckler

n.       Rober SignNotte

 

 

 

ORDER FOR ADJOURNMENT

 

 

 

 

 

 

 

APPROVED:

 

                                                                       

Chair

 

ATTEST:

LEW C. BAUMAN, Clerk of the Board

 

By:                                                      

Deputy

 

 

 

(Supplemental Sheet)

CONSENT CALENDAR

BOARD ACTION:  Upon motion of Supervisor Lindley, seconded by Supervisor   Calcagno, and carried, the Board approved the following actions unless otherwise noted:

 

HEALTH AND SOCIAL SERVICES:

0602.550         21.       a.   Agreement No.: A-10459; Approved and authorized the

0125.000                           Director of the Department of Social & Employment Services to sign an agreement for $30,000 with Doctors on Duty for drug testing of Family and Children's Services clients from May 1, 2006 through June 30, 2007; and

b.   Authorized the Director of the Department of Social & Employment Services to sign all future amendments to this agreement not exceeding 5% of the contract amount, and a three (3) month extension.

 

0601.100         22.       Agreement No.:  A-10194; Approved and authorized the

0125.000                     Director of Health to sign Amendment No.1 to the Agreement with Public Health Foundation Enterprises, Inc., dba PHFE Management Solutions extending the term one year, from July 1, 2005 through June 30, 2008, and increasing the amount of the Agreement by $705,000 for a total of $1,205,000.  The existing scope of services, which provide Request for Proposals and the selection of Subcontractors on behalf of the Monterey County Health Department, is amended to provide services to include San Benito County.

 

0601.100         23.       a.   BU 05/06-210;  Approved and amend the Health Department

0150.145                           Clinic Services Budget Unit 413 to reallocate a Clinic Nurse position to a Medical Assistant position and reallocate a Clinic Nurse position to an Administrative Services Officer; and

b.   Directed the Auditor-Controller to amend the FY 2005-2006 Health Department Budget Unit 413 to reflect the change in position counts; and

c.   Directed the County Administrative Office and the Auditor-Controller's Office to incorporate these actions in the FY 2006-07 Final Budget.

 

0601.100         24.       a.   BU 05/06-211; Approved the Health Department Clinic

0150.145                           Services Budget Unit 413 to add 4.0 FTE Pediatricians; and

b.   Approved the Health Department Clinic Services Budget Unit 413 to increase FY 2006-2007 estimated revenue and appropriations in the amount of $750,586; and

c.   Directed the County Administrative Office and the Auditor-Controller's Office to incorporate these actions in the FY 2006-07 Final Budget.  (4/5th vote required)

 

CRIMINAL JUSTICE:

0801.900         25.       Agreement No.: A-10460; Approved and authorized the Sheriff

0125.000                     to apply for a grant in the amount of $198,526 with the Monterey

0602.500                     Bay Unified Air Pollution Control District for the Assembly Bill (AB) 2766 to purchase a compressed natural gas (CNG) Jail bus.

 

0602.500         26.       Agreement No.: A-10265; Approved and authorized the Sheriff

0125.000                     to sign Amendment No. 1 to Agreement A-10265 with First Alarm Security & Patrol, to increase the amount by $25,000 for a total of $90,000 to provide unarmed and armed uniformed guard services of inmates at medical facilities for the Monterey County Sheriff's Office, Budget Unit 251, Fiscal Year 2005-2006.

 

GENERAL GOVERNMENT:

0150.145         27.       a.   BU 05/06-212; Approved increased in estimated revenues

0600.027                           and appropriations by $600,000 for Agricultural

0600.125                           Commissioner Budget Unit 281 (4/5th Vote Required); and

0600.850                     b.   Approved fixed asset purchase of various vehicles

0802.950                           totaling $143,100 in Budget Unit 281; and 

                                    c.   Approved increase in estimated revenue and appropriations by $385,000 in Facilities Project Fund 009, Budget Unit 166, for identified project and building repairs (4/5th Vote Required); and

d.   Approved increase in estimated revenue and appropriations by $100,000 in Water Resources Agency Fund 279, Budget Unit 931, for Pesticide Reduction Project (4/5th Vote Required); and

e.   Approved increase in estimated revenue and appropriations by $671,900 in Capital Projects Management Fund 010, Budget Unit 165, for existing Master Plan Capital Improvement Project for Agricultural Center facilities (4/5th Vote Required); and

f.    Directed the Auditor-Controller to amend the FY 2005-06 Budget to reflect these actions.

 

0601.600         28.       Acknowledged that the AIDS/Life Cycle will travel through Monterey County on June 5 and June 6, 2006.

 

0600.500         29.       Agreement No.: A-09730; Approved amendment to legal

0125.000                     services contract with Fresno County Civil Service Commission to increase travel allowance paid to Monterey County.

 

0600.050         30.       Received the 2006-07 Appropriation Limits pursuant to Article XIIIB of the California Constitution and set June 12, 2006 At 9:50 a.m. as the date to establish these Limits.

 

0600.775         31.       Resolution No. 06-210: Adopted a Resolution designating County

                                    staff positions to authorize and execute documents and applications for the purposes of obtaining financial assistance with the Fiscal Year 2006 Homeland Security Grant Program.

 

6300.000         32.       Considered adoption of standards, policies and procedures governing the issuance of ceremonial documents by the Board of Supervisors.

 

      0150.145         33.       a.    BU 05/06-218; Received an update on San Jerardo

0402.100                           water service; and

0803.575                     b.   Authorized a letter to the Local Agency Formation

Commission (LAFCO) in support of a waiver of fees related to the annexation of Alisal Water Company (ALCO) systems into Pajaro / Sunny Mesa Community Services District

                                                (PSMCSD); and

                                         c.   Authorized the Chair of the Board to enter into any necessary agreements to facilitate installation and operation of a temporary water filtration system for San Jerardo in an amount not to exceed $500,000.

 

RMA - PLANNING AND BUILDING INSPECTION:

0602.200         34.       a.   Accepted the Minor Subdivision (Dahlstrom - PLN050204)

6000.500                           Final Parcel Map to divide a 5.288 acre parcel into two parcels of 2.5 acres and 2.79 acres, for the property located at 16821 Blackie Road, north of Blackie Road, Prunedale, (Assessor's Parcel Number 133-041-021-000), North County Area; and

b.   Authorized the Clerk to sign the Final Parcel Map; and

c.   Directed the Clerk of the Board to submit the Final Parcel Map for recordation; and

d.   Accepted Tax Report, Subdivision Title Guarantee and County Recording Fees.

 

0602.200         35.       a.   Accepted Minor Subdivision (Tankersley - PLN040140) Parcel

6000.500                           Map to divide a 160-acre parcel into four 40-acre parcels each. The parcel is located immediately southeast of the intersection of Bradley and Lockwood Road (Assessor's Parcel Number 423-071-075-000), South County Area; and

b.   Authorized the Clerk to sign the Final Parcel Map; and

c.   Directed the Clerk to Board to submit the Final Parcel Map and Notice of Water and Conservation Requirements, and Landscaping Requirements for filing;  and

d.   Accepted Tax Report, Subdivision Title Guarantee and County Recording Fees.

 

                        36.       Received a report-describing the measures taken to alleviate the conditions that led to the adoption of the interim ordinance regulating the permitting of outdoor advertising structures.  (PD050646)

 

RMA - PUBLIC WORKS:

0602.350         37.       a.   BU 05/06-216; Amended the FY 2005-2006 Public Works

0150.145                           Budget Unit 300 to delete one (1) Management Analyst I and add one (1) Administrative Secretary; and

                                     b.   Directed the County Administrative Officer and the Auditor Controller’s Office to incorporate these actions in the FY 2006-07 Final Budget for Resource Management Agency Department Budget Unit 194.

 

0602.350         38.       a.   2005 CONST 0077; Accepted the work for Modular Building

0525.000                           3 – District Attorney's Office (Bid Package No. 9864 Rebid 2); and

b.   Authorized the Public Works Director to execute and record the Notice of Completion; and

c.       Authorized the release of retention 35 days following the filing of the Notice of Completion and upon approval of the Public Works Director.

 

0602.350         39.       a.   Agreement No.: A-09381; Approved Amendment No. 1 in

0125.000                           the amount of $250,000 for a total amount not to exceed $375,000 and extend the term of the Professional Services agreement with Gerald W. Williams to June 30, 2008 for additional professional construction management services as requested by Public Works; and

b.   Authorized the Purchasing Manager to execute the Amendment and future amendments that do not significantly alter the scope of work or change the approved Agreement amount.

 

0602.350         40.       a.   Agreement No.: A-09382;  Approved Amendment No. 1 in

0125.000                           the amount of $250,000 for a total amount not to exceed $375,000 and extend the term of the Professional Services Agreement with Tony Mitre to June 30, 2008 for additional professional construction management services, as requested by Public Works; and

b.   Authorized the Purchasing Manager to execute the Amendment and future amendments that do not significantly alter the scope of work or change the approved Agreement amount.

 

0602.350         41.       a.   2006 CONST 0012; Approved Plans and Special Provisions

0525.000                           for Rio Road and Carmel Rancho Boulevard Overlay Project (Project No. 06-550610); and

b.   Authorized the Clerk of the Board to advertise the "Notice to Contractors" in The Californian on May 26 and June 6, 2006.

 

0602.350         42.       Introduced and waived the reading, and set June 20, 2006 at

0525.000                     10:30 a.m. for adoption of an ordinance amending Monterey County Code, Title 12, Section 12.28.010 and 12.68.010, to establish additional no parking at any time restrictions and a mid-block crosswalk on Sandholdt Road in Moss Landing.

 

2800.000         43.       Introduced and waived the reading, and set June 20, 2006 at 10:30 a.m. for adoption of an ordinance amending Monterey County Code, Title 12, Section 12.28.010, to modify existing no parking at any time restrictions on the north side of San Juan Road between Gonda and Susan Streets in Pajaro.

 

2800.000         44.       Introduced and waived the reading, and set June 20, 2006 at 10:30 a.m. for adoption of an ordinance amending Monterey County Code, Section 12.68.010, to establish a mid-block crosswalk on Blackie Road, 155 feet east of the centerline of Del Monte Avenue in Castroville.

 

 

SPECIAL DISTRICTS

BOARD ACTION: Upon motion of Supervisor Lindley, seconded by Supervisor   Calcagno, and carried the Board approved the following actions unless otherwise noted:

 

0800.325         45.       a.   Set for Public Hearing on June 6, 2006 at 10:30 a.m. to consider approval of the dissolution of Carmel Valley County Sanitation District - Zones 1, 2, and 3 and a resolution to enact a zero property tax transfer; and

b.   Directed the Clerk of the Board to publish a Notice of Public Hearing for said consideration no later than May 26, 2006 in the Californian and The Monterey County Herald.

 

 

MONTEREY COUNTY WATER RESOURCES AGENCY

BOARD ACTION: upon motion of Supervisor Calcagno, seconded by Supervisor     Lindley, and carried the Board approved the following actions unless otherwise noted:

 

0802.500         46.       Set a public hearing on June 13, 2006 at 1:00 p.m., direct the

                                    Clerk of the Board to post a public notice, and recommend that

                                    the Board of Supervisors approve annexation of APN 125-271-

                                    038 and 25-271-061, totaling 44.66 acres into the Monterey

                                    County Water Resources Agency Zone 9 as a condition of

                                    approval for a minor subdivision; and direct applicant to supply

                                    proof of successful application with the State Board of

                                    Equalization.

 

0802.000         47.       BU 05/06-217; Approved a budget adjustment for FY 2006-2007

0150.145                     in Monterey County Water Resources Agency Budget Unit 930,

0150.146                     Fund 217 in the amount of $88,000 in order to assist in the purchase of fixed assets for the Castroville Pump Station by:

a.   Reducing expenditures in Fund 217, Budget Unit 930, Account 6499, Other Special Departmental Expenses by $88,000; and

b.   Increasing expenditures in Fund 217, Budget Unit 930, Account 6890, Fixed Assets by $88,000; and

c.   Directing the County Administrative Office and the Auditor-Controller's Office to incorporate these actions in the FY 2006-2007 Final Budget. (4/5th Vote Required)

 

0802.180         48.       a.   Set for public hearing on June 13, 2006 at 1:00 P.M. to                        approve the Fiscal Year (FY) 2006-2007 assessments and water delivery charges for Zone 2B and FY 2006-2007 assessment for Zones 2Y and 2Z for the Castroville Seawater Intrusion Project and the Salinas Valley Reclamation Project; and

                                    b.   Directed the Clerk of the Board to publish a hearing notice in the SALINAS CALIFORNIAN and the KING CITY RUSTLER.

 

0802.180         49.       a.   Set a Public Hearing for June 13, 2006, at 1:00 P.M. to Adopt Zone 2C Assessment Charges for the Salinas Valley Water Project; and

                                    b.   Directed the Clerk of the Board to publish a hearing notice in the SALINAS CALIFORNIAN and the KING CITY RUSTLER at least seven days prior to the date set for the hearing.

 

0802.450         50.       a.   Set a public hearing on June 13, 2006 at 1:00 PM to adopt

0802.500                           the Fiscal Year 2006-2007 benefit assessment for Zones

0802.650                           1, 1A, 8, 9, 12, and 17; and

0802.900                     b.   Directed the Clerk of the Board to publish a hearing notice

                                          in the SALINAS CALIFORNIAN, THE SOLEDAD BEE, THE PAJARONIAN and the KING CITY RUSTLER.

 

 

0125.000   S/A-2         Agreement No. A-10455: Approved and authorized the General Manager of the Monterey County Water Resources Agency to sign the attached Lake San Antonio Limited Term Use Agreement between Landlord Monterey County Water Resources Agency and

                                    Tenant Del Sala.