BOARD OF SUPERVISORS

 

Fernando Armenta              1st District   (Vice Chair)                 Lew C. Bauman

Louis R. Calcagno               2nd District                                      County Administrative Officer

Simón Salinas                      3rd District                                                                          

Jerry Smith                         4th District                                       Charles J. McKee        

Dave Potter                        5th District  (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 REDEVELOPMENT AGENCY

MONTEREY COUNTY WATER RESOURCES AGENCY

Tuesday, May 08, 2007

9:00 AM

 

9:00 a.m.

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

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

1.  Claim of Brett Passineau and Theresa Passineau

                        BOARD ACTION: The claim was denied by the Board.

 

b.  Pursuant to Government Code section 54957.6, the Board will provide a performance evaluation for the following public employment position:

1.  Natividad Medical Center CEO

BOARD ACTION:  This evaluation continued and the Board discussed goals for the future.

 

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

1.  A & A Nursing, Inc. vs. Natividad Medical Center, et al.

BOARD ACTION: The Board gave direction on how to resolve.

 

 

d.   Pursuant to Government Code sections 54956.9(b) and 54956.9(c), the Board will confer with legal counsel regarding one item of significant exposure to litigation and/or potential initiation of litigation.

      1.   Claim by the County of Santa Cruz, et al. before the United States Department of Health & Human Services (Medicare Reimbursement)

BOARD ACTION:  The Board voted to join in on the claim, and the subsequent lawsuit if filed.

 

e.   Pursuant to Government Code section 54957.6, the Board will confer with labor negotiators (G Unit); Negotiators:  Keith Honda and Jonathan Holtzman for the County of Monterey.

BOARD ACTION:  The Board gave direction to the labor negotiators on how to proceed.

 

f.   Pursuant to Government Code section 54956.8, the Redevelopment Agency Board will confer with Real Property negotiator(s) regarding the following property:

 

1.  The Ord Market area of the former Fort Ord; Negotiator:  Jim Cook for the County of Monterey

2.  The former Fort Ord; Negotiator:  Jim Cook for the County of Monterey

BOARD ACTION:  The Board gave direction to the negotiator on how to proceed.

 

g.   Pursuant to Government Code section 54956.9(b), the Board will confer with legal counsel regarding one item of significant exposure to litigation.

BOARD ACTION: The Board gave direction on how to resolve- to enter into settlement discussions for resolution.

 

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

 

1.  LandWatch, et al. vs. County of Monterey

2.  Helping Our Peninsula's Environment vs. Monterey County

3.  In re Monterey County Initiative Matter (Melendez vs. Board of Supervisors, Madrigal vs. County of Monterey)

4.  Rangel and Buell vs. County of Monterey, et al.

5.  Rancho San Juan Opposition Coalition vs. Board of Supervisors

6.  Lupe Garcia, et al. vs. Board of Supervisors of the County of Monterey, et al.

7.  The Open Monterey Project vs. County of Monterey

BOARD ACTION:  On matters 1 & 2, the Board authorized contracts with independent contractors and these will be brought back into open session.  On matters 3,4,5 &6 these arise out of a Public Records Act dispute, the Board gave direction on how to proceed.

 

10:30 a.m.

1.         Pledge of Allegiance

            The Pledge of Allegiance was led by Supervisor Calcagno.

 

6300.000         2.         Additions and Corrections

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

BOARD ACTION:  Upon motion of Supervisor Salinas, and seconded by Supervisor Armenta and carried 4/0 (Supervisor Smith was absent from the vote) the Board approved the following additions and corrections to the Agenda:

 

Please note the revision under Appointments:

6.         Appoint Mayor Richard Ortiz to the Overall Economic Development Commission for a term ending June 30, 2007.  (Supervisor Salinas)

 

Please remove item

34.       a.   Approve the FY 2007-08 Local Transportation Fund application in the amount of $2,179,129 for County contributions to various transportation programs; and

b.   Authorize the Public Works Director to execute and submit the FY 2007-08 Local Transportation Fund applications to the Transportation Agency for Monterey County.

 

3.         CONSENT CALENDAR - REGULAR (See Supplemental Sheet)

APPOINTMENTS:

Upon motion of supervisor Salinas, and seconded by Supervisor Armenta, and carried 4/0 (Supervisor Smith was absent from this meeting), the Board approved the following appointments, except as noted:

0802.000         4.         Re-appointed Leo Poppoff to the Water Resources Agency Board of Directors for a term ending December 31, 2010. (Supervisor Potter)

 

0804.350         5.         Appointed Lori Bush to the Soledad-Mission Recreation District for a term ending January 31, 2011.  (Supervisor Salinas)

 

0402.800         6.         Appointed Mayor Richard Ortiz to the Overall Economic Development Commission for a term ending June 30, 2007.  (Supervisor Salinas)

 

0400.435         7.         Appointed Richard Rangel to the Area Agency on Aging Advisory Council for a term ending January 1, 2010.  (Supervisor Salinas)

 

OTHER BOARD MATTERS:

6300.000         8.         Board Comments and Referrals

                                    a.   Supervisor Calcagno:  The Supervisor made a referral through staff requesting the Board’s support for the North County Unified School District’s grant application for a U.S. Department of Education Readiness and Emergency Management School Grant.  The Supervisor requested that this matter be placed on next weeks agenda.

 

6300.000         9.         Received Board Referrals Update

 

0600.025         10.       CAO Comments

                                    There were no comments from the County Administrative Officer.

 

2050.000         11.       Public Comment (Limited to 3 minutes per speaker)

                                    a.  Kim Stemler:  Addressed the Board to thank them each for their support of the Resolution for the Week of the Young Child.

                                    b.  Hans Jongens:  Addressed the Board regarding the purchase of Marks Ranch by Land Trust – thus saved from developers.  Mr. Jongens further addressed the Board regarding the upcoming special June election.

                                   

BOARD ACTION:  Upon motion of Supervisor Salinas, and seconded by Supervisor Armenta, and carried 4/0 (Supervisor Smith was absent from this meeting) the Board approved the following resolutions except as noted:

2050.000         12.       Resolution No.:  07-140; Adopted a Resolution proclaiming Week of the Young Child April 22 - 28, 2007.  (Full Board)

 

2050.000         13.       Resolution No.:  07-129; Adopted a Resolution honoring Pacific Tweed as the Monterey Peninsula Chamber of Commerce 2006 Business of the Year Award.  (Supervisor Potter)

 

2050.000         14.       Resolution No.:  07-139; Adopted a Resolution honoring Juan V. Huerta upon the occasion of his 80th birthday.  (Supervisor Salinas)

 

2050.000         15.       Resolution No.:  07-141 Adopted a Resolution of proclamation designating the week of May 6 – 12, 2007, as National Hospital Week.  (Full Board)

 

1900.000         16.       a.       Received a report from the Legislative Committee including a briefing on the April City/County legislative advocacy meetings held in Washington D.C.; and

b.      Considered a recommendation from the Legislative Committee to adopt a position of “oppose” to AB 1459 (Levine) California Coastal Act of 1976: coastal development; and

c.   Received minutes from the January 23rd, February 27th, March 20th, and April 17th, 2007, meetings of the Legislative Committee.

BOARD ACTION:  Upon motion of Supervisor Calcagno, and seconded by Supervisor Salinas, and carried 4/0 (Supervisor Smith was absent from this meeting).

 

SCHEDULED MATTERS:

0403.425         S-2      a.   Received a presentation on Older American's Month May 2007; and

b.   Resolution No.:  07-128; Adopted a Resolution of proclamation recognizing the month of May as Older American's Month. 

BOARD ACTION:  Upon motion of Supervisor Calcango, and seconded by Supervisor Potter, and carried 4/0 (Supervisor Smith was absent from this meeting).

 

0602.200         S-3      Ordinance No.: 5069  Adopted interim ordinance (4/5th vote required) prohibiting the installation of billboards in Monterey County.

BOARD ACTION:  Upon motion of Supervisor Armenta, and seconded by Supervisor Calcagno, and carried 4/0 (Supervisor Smith was absent from this meeting).

 

6300.000         S-4      Continue Closed Session

 

 

 

 

 

 

 

 

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 Salinas, and seconded by Supervisor Armenta, and unanimously carried 4/0 (Supervisor Smith was absent from the meeting), the Board approved the following actions, unless otherwise noted:

CRIMINAL JUSTICE:

0602.250        17.        a.   Agreement No.: A-10882; B.U. No.: 06/07-189 Approved

0150.146                           and authorized the Purchasing Manager to sign a Professional Services Agreement in the amount of $109,918 with Hartnell College, for the Seven Challenges substance abuse training program for adolescents from March 15, 2007 through May 31, 2008; and

b.   B.U. No.:  Directed the Auditor-Controller to amend Budget Unit 255 - Probation to increase estimated revenues and appropriations totaling $82,438 for FY 2006-07 (4/5th vote required).

 

0602.250         18.       Agreement No.:  A-10511 Approved and authorized the

0125.000                     Purchasing Manager to sign Amendment No. 1 in the amount of                                    $6,000 to Agreement A-10511 with Eduardo Eizner, M.F.T. to                            provide counseling services for clients referred by Probation's                                     Child Advocate Program during fiscal year 2006-07.

 

0602.500         19.       Agreement No.:  A-10883 Approved and authorized the Sheriff

0125.000                     to sign Professional Medical Services Agreement for Fiscal Years 2007-2010 with the California Forensic Medical Group (CFMG), for medical, dental, and mental health services for inmates at the Custody Operations Bureau, Budget Unit 251.

 

0602.250         20.       Agreement No.:  A-10390 Approved and authorized the

0125.000                     Purchasing Manager to sign Amendment No. 3 in the amount of                                    $17,150 to Agreement A-10390 with Partners for Peace for a                                mentoring program supporting the Silver Star Gang Prevention and                     Intervention grant during Fiscal Year 2006-07.

 

0602.500         21.       a.   Agreement No.:  A-10884 Approved and authorized the

0125.000                           Sheriff to sign a Professional Services Agreement with Jim Guy, d.b.a. Introspect, for Inmate Assessment and Intervention Program at the Sheriff's Custody Operations Bureau, Budget Unit 251, in the amount of $167,000 per year for the period of July 1, 2007 through June 30, 2010; and

b.   Authorized the Sheriff, upon mutual consent by both parties, to approve two optional one (1) year extensions, which would extend the agreement to June 30, 2012.

 

0602.500         22.       a.   Agreement No.: A-10888 Approved and authorized the

0125.000                           Sheriff to sign Professional Jail Chaplaincy Services

                                          Agreement for religious programs at the Monterey County

                                          Sheriff's Office, Custody Operations Bureau, Budget Unit 251,

                                          in the amount of $59,488 per year for the period of July 1,

                                          2007 through June 30, 2010; and

                        b.   Authorized the Sheriff, upon mutual consent by both parties,

                              to approve two optional one (1) year extensions, which will

                              extend contract to June 30, 2012.

 

0602.500         23.       a.  B.U. No. 06/07-190 Authorized the Sheriff's Office to donate

0150.146                          $1,000 each to the Carmel High School and North Monterey County High School Sober Grad Night from the Sheriff's Drug and Youth Gang Education Fund: and

b.   B.U. No.:  Increased estimated revenue and appropriations in Sheriff's Budget Unit 230 in the amount of $2,000. (4/5th vote required)

 

GENERAL GOVERNMENT:

0601.600         24.       a.   Accepted the recommendation of the County Fish and Game                                        Commission; and

b.   Approved the distribution of Fish and Game grant funds in the                           amount of $20,231.89 for specified grant projects for Fiscal                                        Year 2006 - 2007.

 

0601.600         25.       a.   Agreement No.: A-10887 Awarded Trackview Pavilion

0125.000                           Landscape and Facility Improvements to Green Valley Landscaping, Inc. based on the price total which represents the actual expected cost of the project in the amount of $74,142 for base bid and $42,912.45 to add alternate No. 1 at Laguna Seca Recreation Area, Bid No. 10033; and

b.  Agreement No.: Authorized the Chair of the Board to sign the contract; and

c.   Authorized the Director of Parks to approve change orders up to 10% of the bid.

 

0601.600         26.       a.   2007 CONST 0007 Awarded annual construction contract to

0525.000                           Graniterock dba, Pavex Construction, low bidder, in the

                                          amount not to exceed $100,000 for Annual Maintenance of

                                          Park Roadways at Laguna Seca Recreation Area, for Calendar

                                           Year 2007 (January 1, 2007 through December 31, 2007), Bid

                                          No. 10028; and

                        b.    Authorized the Chair of the Board to sign the contract.

 

0601.600         27.       a.   B.U. No.: 06/07-191 Approved fixed asset purchase of a

0150.146                           Boulton Powerboats, Inc.Patrol Boat and Trailer for use at Lake San Antonio and Lake Nacimiento (Boat $75,024, Trailer $7,264) per Board Letter dated September 26, 2006 and Approved Standard Agreement A-10680; and

                  b.   Approved the 2006-07 budget transfer of $17,288 from services and supplies to fixed assets; and

c.   B.U. No.: 06/07-193 Directed the Auditor-Controller to transfer funds in the amount of $17,288 from 001-750-7501-6322 to 001-750-7532-6890 whereas the balance of $65,000 is appropriated in the following account 001-755-7550-6777-1718 per Board Letter dated September 26, 2006.

 

0601.160         28.       a.   B. U. No.: 06/07-192 Approved and authorized the transfer of

0150.146                           up to $85,000.00 from the Cable TV Funds account 080-3490                                    (a restricted revenue account) to Budget Unit 151-Information                                           Technology to cover costs of equipment and associated                                             services for direct broadcast of a digital signal from the                                                Monterey County Information Technology Department to                            Comcast Cable for the Monterey Government Channel (4/5th                                        vote required); and

                        b.   Directed the Auditor-Controller to transfer funds from the                                Cable TV Funds Account 080-3490 (a restricted revenue                                      account) and increase estimated revenues and appropriations                                           in Budget Unit 151-Information Technology, as detailed on                                 the attached Board Order (4/5th vote required).

 

 

RMA - PLANNING:

0600.025         29.       Agreement No.: A-10885 Authorized Interim Director of

0602.200                     Planning Services to execute Release of Liability from

0125.000                     Indemnification Agreement between MFS GLOBENET INC.     (PLN980609) and the County of Monterey.

(Agreement - PLN980609/ MCI WORLDCOM/MFS GLOBENET)

 

RMA - PUBLIC WORKS:

0602.350         30.       a.   Agreement No.: A-10889; 2007 CONST 0002 Approved a

0125.000                           Professional Services Agreement with AEPC Group, LLC, in                                        an amount not to exceed $127,730 to provide architectural and                                         engineering design and construction administration for the

                                          Youth Center 3 Educational Facility Replacement project

                                          located at 970 Circle Drive, Salinas, Project Bid No. 9989; and

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


 

0602.350         31.       a.   Agreement No.: A-10886; 2006CONST0005 Approved

0125.000                           Amendment No. 5 in the amount of $607,252 for a total amount not to exceed $997,914 and extend the term of the Professional Services Agreement with Dokken Engineering, Inc. to December 31, 2009 to provide engineering services for the Highway 68-San Benancio Road Intersection Improvements, Project No. 09-111065; 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         32.       a.   Resolution No.: 07-145  Adopted a resolution declaring intent                                    to sell County owned real property located at 26 Central                                 Avenue, Salinas (County Library Administrative Building),                                   pursuant to the Government Code, Section 25526; and

                        b.   Approved the Invitation for Bid Package and authorize the                                Purchasing Manager to solicit bids from qualified bidders; and

                        c.   Set June 5, 2007 at 11:00 a.m. at its regular meeting for                                                opening, examining and declaring bids, calling for oral bids                                   and acceptance of the highest responsible bid, or to take other                                    appropriate action, pursuant to the Government Code, Sections                                   25530 et seq.

 

0602.350         33.       a.   Agreement No.: A-10527 Approved Amendment No. 2 in

0125.000                           the amount of $50,000 for a total amount not to exceed $125,000 of the Professional Services Agreement with Kleinfelder, Inc. for additional services associated with on-site laboratory construction materials testing for various construction projects to June 30, 2007; 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.

 

34.       a.   Approved the FY 2007-08 Local Transportation Fund application in the amount of $2,179,129 for County contributions to various transportation programs; and

b.   Authorized the Public Works Director to execute and submit the FY 2007-08 Local Transportation Fund applications to the Transportation Agency for Monterey County.