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:

Salinas, CA  93902



Tuesday, May 15, 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 54957, the Board will provide a performance evaluation for the following public employment position:

1.  Natividad Medical Center CEO

BOARD ACTION:  The Board engaged in the performance evaluation and this matter will be ongoing.


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

1.  Megan Deann Allen vs. County of Monterey

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

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

      BOARD ACTION:  On matter 1, the Board approved an amendment to outside legal services contract.  On matters 2 and 3, the Board received an update and gave direction on  how to resolve.




10:30 a.m.

1.         Pledge of Allegiance

            The Pledge of Allegiance was led by Supervisor Jerry Smith.


Preceding the Pledge of Allegiance, Chair Potter took a moment to advise those in attendance that the Flags were being flow at half staff today in honor of Peace Officers Memorial Day.  Chair Potter further advised that the week of May 13-19, 2007 is National Police Week.  May 15, 2007 is Peace officers Memorial Day.


Chair Potter further welcomed Supervisor Jerry Smith back today.


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.

There were no additions or corrections to today’s agenda.

3.         CONSENT CALENDAR - REGULAR (See Supplemental Sheet)


Upon motion of Supervisor Calcagno, and seconded by Supervisor Salinas, and carried 5/0 the Board approved the following appointments, except as noted:

0650.045         4.         Re-appointed Martha Rau to the CSA-45 Advisory Committee for a term ending January 1, 2010.  (Supervisor Calcagno)


0650.045         5.         Re-appointed Jim Vincent to the CSA-45 Advisory Committee for a term ending January 1, 2010.  (Supervisor Calcagno)


0401.500         6.         Appointed Caron DeSeguirant to the Commission on the Status of Women for a term ending February 1, 2010.  (Supervisor Calcagno)


0402.800         7.         Appointed April Wooden to the Overall Economic Development Commission for a term ending June 30, 2009.  (Supervisor Salinas)


0402.800         8.         Appointed Bettye Saxon to the Overall economic Development Commission for a term ending June 30, 2007.  (Supervisor Potter)






6300.000         9.         Board Comments and Referrals

a.   Supervisor Smith addressed his fellow Board members, staff and the public, to express his appreciation for all of the support, prayers and well wishes that he has received.


6300.000         10.       Received Board Referrals Update


0600.025         11.       CAO Comments

There were no comments from the County Administrative Officer at today’s meeting.


2050.000         12.       Public Comment (Limited to 3 minutes per speaker)

a.   Hans Jongens:  Mr. Jongens addressed the Board regarding an article from the Business Week magazine addressing a housing situation in the nation.  The article referenced a number of big developers that were collapsing. Mr. Jongens further expressed concern to the Board regarding Chinese stock, advising anyone who owned Chinese stock should dump it.  Lastly, Mr. Jongens addressed the Board regarding concerns of a declining population worldwide. 


2050.000         13.       Resolution No.: 07-138Adopted a Resolution commemorating the Centennial Celebration of the Pacific Coast Steamship Company Building in Moss Landing.  (Supervisor Calcagno)

BOARD ACTION: Upon motion of Supervisor Calcagno, and seconded by Supervisor Smith, and carried 5/0.


2050.000         14.       Resolution No.: Adopted a Resolution designating the Week of May 21st, 2007, as Emergency Medical Services Week in Monterey County.  (Full Board)

BOARD ACTION: Upon motion of Supervisor Calcagno, and seconded by Supervisor Smith, and carried 5/0.



0602.025         S-2      a.   Accepted the Monterey County FY 2007-2008 Five Year Capital Improvement Program (CIP) report, making any changes deemed appropriate; and

b.   Approved the recommended list of projects defined as “Priority A” and authorize the County Administrative Officer (CAO) to include as many of these projects as considered feasible in the FY 2007-08 Recommended Budget; with the understanding that final funding decisions will be made by the Board of Supervisors during the June 2007 Budget Hearings; and

                                    c.   Directed the CAO to continue to provide an annual Five Year                                      Capital Improvement Program report.

BOARD ACTION: Upon motion of Supervisor Smith and seconded by Supervisor Salinas, and carried 5/0.


0601.100         S-3      Resolution No. 07-131; Amended Article I.E. of the Monterey County Master Fee Resolution to adjust fees relating to land use permitting activities provided by the Health Department's Environmental Health Division pursuant to the Fee Schedule attached.

BOARD ACTION: Upon motion of Supervisor Armenta, and seconded by Supervisor Salinas, and carried 5/0.


0601.175         S-4      Received an oral presentation from the Monterey Peninsula Water      

0803.300                     Management District on the District’s key projects and programs.

BOARD ACTION: Upon motion of Supervisor Calcagno, and seconded by Supervisor Smith, and carried 5/0.


Public Comment:

a.    Hans Jongens:  Mr. Jongens questions the Water usage – 1 acre feet for (4) houses.  He urged the Board to look at the city usage arguing that the City of Salinas uses 2 acre feet per acre.  Mr. Jongens took issue with a statement that less water is used when you build houses.


12:00 p.m.

Recess to Lunch – Fort Ord Committee meeting

1:30 p.m.

0600.025         S-5      Ordinance No. 5070, Considered and adopted of the attached ordinance of the County of Monterey amending Paragraph F of Section 2.32.030 of the Monterey County Code relating to the signature authority of the Purchasing Agent.

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








(Supplemental Sheet)



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


0602.550         15.       a.   Agreement Nos.:  A-10658, A-10594, A-10660; B.U. No.

0150.146                           06/07-196 Approved and authorized the Director of the

0125.000                           Department of Social & Employment Services, or his designee, to sign contract amendments with various community agencies for the provision of services to seniors funded by the Older Americans Act and Older Californians Act in the amount of $69,023 for Fiscal Year 2006-07; and

b.   Authorized the Director of the Department of Social & Employment Services, or his designee, to sign up to three (3) amendments to these agreements where the total amendments do not exceed 10% of the original contract amount, and do not significantly change the scope of work; and

c.   Directed the Auditor-Controller to increase appropriations and estimated revenues for Fiscal Year 2006-07 in Budget Unit 594 in the amount of $179,480.  (4/5th vote required)


0600.775         16.       As authorized by SB 1773, approved the increase in penalty                            assessments in the amount of Two (2) Dollars for every Ten (10)                           upon Court-imposed collected fines, penalties, and forfeitures for                            specified criminal offenses, for a total of Four (4) Dollars, to                              provide additional funding for the Emergency Medical Services                          (Maddy) Fund and improve access to local pediatric emergency                               services.


0601.100         17.       a.   Authorized the Emergency Medical Services (EMS) Director

0401.650                           to access criminal history information for the purpose of determining eligibility for Emergency Medical Technician (EMT) certification and recertification and monitoring certified EMTs for future arrests and criminal convictions; and

b.   Authorized the EMS Director to sign all California Department of Justice (DOJ) application and authorization forms.


0601.150         18.       Agreement No.: A-09848 Approved and authorized the Director

0125.000                     of Health to sign Amendment 3 to Agreement A-09848, a three                                    year agreement with Door to Hope to provide residential and non-                            residential alcohol and drug treatment for women residents of                                   Monterey County with addictions to alcohol and drugs. This                                     amendment will increase the contract to $2,449,944, with an                             additional $31,774 funded from the Substance Abuse Offender                             Treatment Program grant and $50,000 funded from Proposition 36.


0601.150         19.       Agreement No.:  A-10198 Approved and authorized the Director

0150.146                     of Health to sign Amendment No.4 to Agreement A-10198 with Beverly Health and Rehabilitation Services, Inc. d.b.a. San Jose Care and Guidance for services to adults with severe psychiatric disabilities, adding $84,247 for Fiscal Year (FY) 2006-07, and $354,227 for FY 2007-08 for a total contract amount of $ 2,363,938 for the period of July 1, 2005 through June 30, 2008.


0601.150         20.       a.   BU No.: 06/07-194 Amended Health Department Behavioral

0150.146                           Health Division Budget Unit 415 to approve one (1) FTE new

                                          allocation each of Management Analyst I and Accountant III;


                        b.   Approved an increase in estimated revenue and appropriations

                              in the amount of $54,573 from Prop 63 Mental Health Services

                              Act; and

                        c.   Directed the County Administrative Office and the Auditor-                                          Controller's Office to amend Health Department Behavioral

                              Health Division Budget Unit 415 to reflect the change in

                              position count and increase revenue and appropriations by

                              $54,573 for FY 2006-07 as outlined in the Board Order, and to           incorporate these changes into the FY 2007-08 Adopted                  Budget (4/5th vote required).


0601.100         21.       Proclaimed state of local emergency relating to the spread of HIV among injection drug users in Monterey County.


0601.150         22.       a.   BU No.: 06/07-195 Approved and authorize the Director of         

0150.146                           Health to accept $1,244,954 in grant carryover funds from the

                                          Substance Abuse and Mental Health Services Administration

                                          Grant No.: SM56058-04-1; and

                        b.   Directed the Auditor-Controller and County Administrative                                          Office to increase the Fiscal Year (FY) 2006-2007 adopted                                        budget for the Health Department, Mental Health Division by                                     $882,424 (4/5th vote required); and increase the FY 2007-08                                         recommended budget by $362,530 and incorporate this action                                into the FY 2007-08 adopted budget.


0601.100         23.       Resolution No. 07-147 Approved the amendment of the bylaws

0401.650                     for the Monterey County Emergency Medical Services (EMS) Council to delete references to the EMS Administrator, and articulate the responsibilities of the EMS Director to the EMS Council.



0602.500         24.       Agreement No.: A-10890 Approved and authorized the Sheriff                                to sign Professional Services Agreement with Central Valley                             Toxicology, Inc. (CVT), in the amount of $65,000, to provide                              toxicological services for the Coroner's Unit, Budget Unit 292,                          Fiscal Year 2007-2008.


0602.250         25.       a.   Resolution No. 07-148 Approved and authorized the Chief Probation Officer to sign and submit the Monterey County Comprehensive Multi-agency Juvenile Justice Plan to the California Corrections Standards Authority for programs funded by the Juvenile Justice Crime Prevention Act (JJCPA) during Fiscal Year 2007-08; and

                                     b.  Authorized the Chief Probation Officer to sign related  contracts, amendments or extensions with the State of California.



5100.000         26.       Approved a Declaration attesting to the State of California's                              interest in the land and building at the Castroville Library (Castro                           Plaza Project, Castroville).


0600.025         27.       Agreement Nos.: A-10891, A-10892, A-10893  Approved and

0125.000                     authorized the Contracts/Purchasing Manager to sign Agreements with California Towing, Miller's Towing and Salinas Auto Center, to provide towing services for County owned vehicles for the term of two (2) years from the date of signing the Agreements through May 30, 2009, with the option of extending each Agreement for three (3) additional one (1) year periods. The Agreements carry an aggregate value of approximately $45,000, in accordance with the terms and conditions set within each Agreement.


0602.025         28.       Received the report regarding the Office of Emergency Services'

0600.775                     Quarterly Work Plan for the period of April - June 2007.


0600.025         29.       Resolution No.: 07-150  Approved a Resolution designating

0602.350                     Public Works Department representatives that will coordinate and prepare Federal and State Disaster Assistance Applications and submit reimbursement requests.


0602.750         30.       Introduced, and waived the reading and set for a public hearing                                  on June 19, 2007 amendments to Sections 5.40.020, 5.40.030,                               5.40.090, 5.40.140, 5.40.160 and 5.40.170 of the Monterey County                     Code relating to the assessment and collection of Transient                                            Occupancy Tax.


0601.155         31.       B.U. No. 06/07-197 Authorized the Chair of the Board of

0150.146                     Supervisors to:                                                                    

0125.000                     a.   Agreement No.: A-10894  Approved a Professional Services Agreement with Architectural Resources Group, Inc. (ARG) to provide an historic restoration analysis of the Old Monterey County Jail Reuse Project (Phase II), and evaluate options for necessary roof repairs. The estimated cost of the analyses is $55,000.  The term of this Agreement will be April 20, 2007, through December 31, 2007; and

b.   Directed the Auditor-Controller to transfer appropriations in the amount of $160,000 within Fund 010, Budget Unit 173-Capital Projects Fund, from Account 6469 (Other Professional Services) to Fixed Assets Account 6739 (Old Jail - W. Alisal Street) to fund the anticipated work in FY 2007-08 on the Old Monterey County Jail Reuse Project (Phase II) including this Agreement.


0601.600         32.       Approved the use of San Lorenzo Park for two functions by Grace                   Lutheran Church in compliance with Monterey County Code                                   14.12.130


0601.600         33.       a.   Agreement No.: A-10895 Approved a Professional Services

0125.000                           Agreement (PSA) with Star Sanitation Services for an amount not to exceed $75,000, for the term of July 1, 2007 through June 30, 2008 to regularly pump the septic holding tanks at all North County Parks; and

b.   Authorized the Purchasing Manager to execute the PSA for an amount not to exceed $75,000.


0600.750         34.       Approved the transfer of funds in the amount of $111,496 from                                     Services and Supplies to Fixed Assets in the Elections Budget Unit                      141 for Fiscal Year 2006-07 for the purchase of an automated                                 envelope opener for $8,871 and WinEDS / BPS voting equipment                                     software for $102,625.


0601.160         35.       a.   Agreement No.: A-10896 Approved and authorized the

0125.000                           Purchasing Manager to execute a License and Maintenance Service Agreement with Computer Associates (CA, Inc.), in the amount of $442,565 payable in three annual installments, to provide software license and maintenance of the Computer Associates Mainframe Programs for the period of March 31, 2007 through March 30, 2010; and

b.   Authorized the Purchasing Manager to sign an optional one-year extension to this agreement; and

c.   Accepted Non-Standard County Liability, Indemnification, and Termination Provisions as recommended by the Director of Information Technology.


0600.025         36.       a.   Adopted a new Countywide Pre-Employment Drug Testing                                          Policy; and

                                    b.   Amended the Personnel Policies and Practices Resolution No.                                      98-394, to replace Section B.4.0 with B.4.0 Pre-Employment                                        Drug Testing Policy.


0600.025         37.       Authorized a letter to North Monterey County Unified School District in support of the District’s U.S. Department of Education Readiness and Emergency Management for Schools grant application.


5100.000         38.       a.   Agreement No.: A-10897 Approved an Advanced Funding              Agreement between the County, and NESTech Management                Group Land Holdings, LLC relating to land use staff and           consulting costs during Boronda Meadows development project processing and implementation; and

                        b.   Authorized the Housing and Redevelopment Director to                                   execute the Agreement.




0602.200         S/A-1   a.   Agreement No.: A-10335 Approved Amendment No. 1 in  the amount of $216,630 for a total amount not to exceed $857,760 to the Professional Services Agreement with Michael Brandman Associates, Inc. for the Monterey County General Plan Update Environmental Impact Report (EIR) to June 30, 2007 (PLN050045); and

b.   Authorized the Purchasing Manager to execute the Amendment.

(Contract – PD060227/Michael Brandman Associates, Inc., County-wide)



0602.350         39.       a.   Approved 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 application to the Transportation Agency for Monterey County.


0602.350         40.       a.   Received Written Reports for County Service Areas containing                        service charges; and

                        b.   Set for public hearing on June 12, 2007 at 10:30 a.m. to                                   consider protests and objections to said Written Reports; and

                        c.   Directed the Clerk of the Board to publish a Notice of Public                                       Hearing for said Written Reports once a week for two                                                   successive weeks beginning no later than May 22, 2007, in the                                     Californian, Monterey County Herald, and the Rustler.


0602.350        41.        a.   Resolution No.: 07-149 Adopted a resolution finding that the closure of the North Wing of the Monterey County Courthouse continues to pose an emergency requiring immediate action; and

b.   Adopt a resolution ratifying the execution of emergency contracts and emergency actions taken by the Public Works Director or his designee to respond to the emergency (4/5th vote required).


0602.350         42.       a.   Agreement No.: A-10898 Approved Contract to Purchase a              Permanent Easement over 0.136 acres (5,925 sq. ft.) of property and Temporary Construction Easement over 0.146 acres (6,360 sq. ft.), APN 173-031-018; and

                        b.   Accepted Permanent Easement Deed to acquire additional road                       right-of-way for the Highway 68/Laureles Grade Intersection                                          Improvement Project; and

                        c.   Authorized the Public Works Director to execute the contract                          for the purchase in the amount of $51,500.