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
Darlene Drain Phone: (831) 755-5066
Clerk of the Board FAX: (831) 755-5888
Salinas, CA 93902
Tuesday, May 15, 2007
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.
World Resorts, Inc. vs.
San Antonio Resorts, Inc. vs.
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.
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
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
0402.800 8. Appointed Bettye Saxon to the Overall economic Development Commission for a term ending June 30, 2007. (Supervisor Potter)
OTHER BOARD MATTERS:
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
2050.000 14. Resolution
No.: Adopted a Resolution designating the Week of May 21st, 2007, as Emergency
Medical Services Week in
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.
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
Recess to Lunch – Fort Ord Committee meeting
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).
ORDER FOR ADJOURNMENT
IN MEMORY OF Fred K. Reed
BOARD ACTION: Upon motion of Supervisor Smith, and seconded by Supervisor Armenta, and unanimously carried, the Board approved the following actions unless otherwise noted
HEALTH AND SOCIAL SERVICES:
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.
17. a. Authorized
the Emergency Medical Services (
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
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
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
the Chief Probation Officer to sign related contracts, amendments or extensions with the
5100.000 26. Approved
a Declaration attesting to the State of
0600.025 27. Agreement Nos.: A-10891, A-10892, A-10893 Approved and
the Contracts/Purchasing Manager to sign Agreements with California Towing,
Miller's Towing and
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
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
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.
37. Authorized a letter to
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.
RMA – PLANNING:
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)
RMA - PUBLIC WORKS:
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
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.