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

EAST GARRISON PUBLIC FINANCING AUTHORITY

MONTEREY COUNTY WATER RESOURCES AGENCY

Tuesday, May 22, 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(a), the Board will confer with legal counsel regarding the following existing litigation:

1.  Ted S. Eastman vs. County of Monterey

BOARD ACTION:  The Board approved a modification to the settlement proposal.  Once the settlement has been finalized, copies of the settlement documents will be made available to the public through County Counsel’s office.

 

b.   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 conducted this performance evaluation and discussed goals and objectives.  This evaluation will continue through future dates.

 

 

 

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

 

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

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

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

4.   Open Monterey Project vs. County of Monterey

                        BOARD ACTION:  The Board gave direction to counsel.

 

d.   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 labor negotiators Keith Honda and Jonathan Holtzman.

 

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

1.  Roxanne Banks (WC)

2.  Michael Berry (WC)

3.  Dennis Howell (WC)

4.  Bill Johns (WC)

5.  Robert Mairs (WC)

6.  Daniel Okaneku (WC)

 

f.        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.

 

10:30 a.m.

1.         Pledge of Allegiance

            The Pledge of Allegiance was led by Supervisor Calcagno

The National Anthem will be performed by the North County High School Condor Marching Band, led by Director D.L. Johnson.

2.         Welcome Home Troops Ceremony.

To honor our veterans, Stars and Stripes Forever will be performed by the North County High School Condor Marching Band, led by Director D.L. Johnson.

2050.000         3.         Resolution No.: 07-153 Adopted a resolution to commemorate the North Monterey County High School Condor Marching Band's 2007 Tour of Italy and participation in the Artichoke Festival of the city of Ladispoli.  (Supervisor Calcagno)

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

 

6300.000         4.         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, the Board approved the following addition:

 

Under Order for Adjournment:

in Memory of Kathleen Smart

 

 

5.         CONSENT CALENDAR - REGULAR (See Supplemental Sheet)

6.         CONSENT CALENDAR - MONTEREY COUNTY REDEVELOPMENT AGENCY (See Supplemental Sheet)

7.         CONSENT CALENDAR -EAST GARRISON PUBLIC FINANCING AUTHORITY - (See Supplemental Sheet)

8.         CONSENT CALENDAR - MONTEREY COUNTY WATER RESOURCES AGENCY (See Supplemental Sheet)

APPOINTMENTS:

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

0402.250         9.         Re-appointed J. Michael Klein to the Mental Health Commission for a term ending May 31, 2010.  (Supervisor Salinas)

 

10.       Re-appoint Margaret-Anne Coppernoll to the Mental Health Commission for a term ending May 31, 2010.  (Supervisor Salinas)

 

0400.000         11.       Appointed Leonard Ortiz to the Fort Ord Cemetery Citizen's Advisory Committee for a term ending January 1, 2009.  (Supervisor Salinas)

 

0401.872         12.       Appointed Richard Rangel to the Monterey County In-Home Supportive Services Public Authority for a term ending June 30, 2010.  (Supervisor Salinas)

 

0802.000         13.       a.  Appoint Bill Petrovic, representing the Monterey County Farm Bureau, to the Board of Directors of the Monterey County Water Resources Agency for a term ending December 31, 2010  (Full Board); or

b.   Re-appointed Richard Morgantini, representing the Monterey County Farm Bureau, to the Board of Directors of the Monterey County Water Resources Agency for a term ending December 31, 2010.  (Full Board)

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

 

OTHER BOARD MATTERS:

6300.000         14.       Board Comments and Referrals

                                    Supervisor Potter:  The Supervisor acknowledged media technician Jack Peterson who added captions to help viewers identify the matters being discussed.  This came as the result of a casual suggestion by the Supervisor in response to a request from a constituent.  During the afternoon session, Supervisor Potter amended his comment to include and acknowledgement to Maia Carroll, the Communications Coordinator for the County of Monterey for her efforts in this media presentation.

 

6300.000         15.       Received Board Referrals Update

 

0600.025         16.       CAO Comments

County Administrative Officer, Lew Bauman introduced the new head of Elections, Linda Tulett.  Dr. Bauman also acknowledged and thanked Claudio Valenzuela and his department for all of their hard work over the difficult past year.

 

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

a.   Manuel Gonzales:  Mr. Gonzales addressed the Board requesting their assistance with the Fort Ord Veterans Cemetery.  He expressed concern that it was still not available for the veterans and urged that assistance be giving to move the project along.

b.   Hans Jongens:  Mr. Jongens addressed the Board regarding NAFTA.  Mr. Jongens advised that prior to NAFTA there was a positive trade balance.  After NAFTA there is now a negative trade balance.  Mr. Jongens also shared with the Board some articles regarding truckers, and the poor quality of the semi trucks being driven across the border.  Mr. Jongens also discussed briefly his concerns regarding global warming.

 

2050.000         18.       Resolution No.:  07-146 Adopted a Resolution commending Steven Ronald Villegas, Monterey County Sheriff's Detective, upon his retirement from public service.

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

 

 

2050.000         19.       Resolution No.:  07-151 Adopted a Resolution recognizing the unveiling of the Monterey County Vietnam Memorial located at the Monterey County Vietnam Memorial Park in Salinas, CA (Supervisor Armenta)

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

 

 

SCHEDULED MATTERS:

0601.525         S-2      a.   Received Report from Natividad Medical Center’s CEO on Recommended Administrative Streamlining Strategies; and

b.   Provided Direction to staff.

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

 

0601.525         S-3      Agreement No.: A-10900 Approved and authorized the Purchasing Manager to increase  Master Agreement for Nursing Registry (RFP #9770) by $750,000 from $3,314,328 to $4,064,328 for FY 06/07 and to distribute these funds between all the vendors under the Master Agreement for Nursing Registry (RFP # 9770) to assure that funds are available as needs for services occur.

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

 

12:00 p.m.

Recess to Lunch- Legislative Committee meeting

1:30 p.m.

1900.000         S-4      Received oral report and consider recommendations from the Legislative Committee meeting of May 22, 2007 including recommended positions on the May Revise of the Governor's Budget related to Williamson Act subventions and other issues.

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

 

0601.100         S-5      Accepted an oral report from the Monterey County Health Department's Community Health Division regarding a Nutrition and Physical Activity Policy in support of Employee Wellness.

                        BOARD ACTION:  Upon motion of Supervisor Calcagno, seconded by Supervisor Salinas, and carried 5/0.  Supervisor Armenta made a referral through the CAO’s office to review whether this can be implemented County wide as either mandatory or voluntary and requested that the response be brought back within 90 days.

 

0601.100         S-6      Received a report from the EMS Agency and EMS Council Task

0401.650                     Force regarding the following issues:

a.   Status of system re-design being performed in advance of development of an ambulance paramedic RFP; and

b.   Exploration of alternative forms of governance for the County's ambulance paramedic franchise; and

c.   Financing issues related to the ambulance paramedic franchise.

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

                       

                        Public Comment:

a.   Rick Rorsch:  Mr. Rorsch is the CFO of Westmed.  Mr. Rorsch spoke in support of staff’s recommendations.

b.   Allen Cress:  Mr. Cress is the CEO of Westmed.  Mr. Cress spoke in support of staff’s recommendations.

c.   River Gurtin:  Mr. Gurtin is a member of the Board of the Monterey County Ambulance Service.  Mr. Gurtin addressed the Board in support of a County Wide Community Service District out of CSA 74 funds.

d.   Virginia Shannon:  Ms. Shannon is also a member of the Board of the Monterey County Ambulance Service.  Ms. Shannon also addressed the Board in support of a County Wide Community Service District out of CSA 74 funds.

e.   Mark Angel:  Mr. Angel addressed the Board in support of a County Wide Community Service District out of CSA 74 funds.

f.   Chris Orman:  Chief – North County Fire District.  Chief Orman is also on the EMS Counsel and the Task Force.  Mr. Orman addressed the Board to urge adequate time be taken in implementing the new proposed changes.  Mr. Orman advised that he believed that there was a good amount of work to be done and that he projected that it would be completed over the next 5 years.  Mr. Orman encouraged time be taken in order to look at all optimal best practices.

 

 

0602.500         S-7      a.   Received and accepted the final report on Jail Facility Needs Assessment and update on negotiations with the California Department of Rehabilitation; and

b.   Directed staff to proceed with an Environment Impact Study; and

c.   Directed staff to hire an architect to design the appropriate facility; and

d.   Directed staff to continue to explore funding sources.

                        BOARD ACTION:  Upon motion of Supervisor Calcagno, seconded by Supervisor Salinas, and carried 5/0.  The Board also requested that the report be amended to include working with the Resource Management Agency Capital Projects Committee.      A work book was also distributed to each Board member for their review and addition of any comments.  Staff was directed to bring the final document back under Consent for the June 5, 2007 Board meeting.

 

 

 

ORDER FOR ADJOURNMENT

 

in Memory of Kathleen Smart

 

 

 

 

 

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 5/0, the Board approved the following actions unless otherwise noted:

HEALTH AND SOCIAL SERVICES:

0602.550

0150.146         20.       a.   Resolution No.: 07-159; BU No.: 06/07-200 Amended Personnel

                                          Policies and Practices Resolution No. 98-394 to increase the salary range of Office Maintenance Worker to bring the salary into alignment with the Building Maintenance Worker and Custodian classifications; and

b.   Amended the Department of Social and Employment Services                    Budget Unit 501 to reallocate two (2.0) FTE positions; and

c.   Directed the County Administrative Office and the Auditor-Controller's Office to amend FY 2006-07 Budget and incorporate these actions in the FY 2007-08 Adopted Budget.

 

0403.425         21.       a.   Agreement No.: A-10606 Approved and authorized the

0125.000                           Director  of the Department of Social and Employment Services, or his designee, to sign Amendment No. 1 to Agreement No. A-10606 with Melvin Smith Learning Center for learning disability evaluations for CalWORKs customers by adding $12,000, increasing the total contract amount to $60,800, and extending the term through September 30, 2007; and

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

 

0602.500

0125.000         22.       a.   Agreement No.: A-10797 Approved and authorized the Director of the Department of Social and Employment Services, or his designee, to sign Amendment No. 1 to Agreement No. A-10797 with Unity Care Group, Inc. adding $65,000 for the period of January 1, 2007 - June 30, 2007, and increasing the total contract amount to $505,010 to provide intensive SB 163 wraparound services to eligible Monterey County foster, probation and at-risk youth and their families; and 

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

 

0601.100         23.       a.   B.U. No. 06/07-198 Approved and authorized the Health

0150.146                           Department Budget Unit 413 to accept the Central Coast Alliance for Health Quality Based Incentive in the amount of $227,686.96; and

b.   Approved and authorized the Health Department Budget Unit 413 to accept the Healthy Families Risk Pool Settlement in the amount of $109,390.04; and

c.   Directed the Auditor-Controller to increase Account 3815 Health Clinic Designations, in the amount of $337,077.

 

CRIMINAL JUSTICE:

0600.600         24.       Approved and authorized the District Attorney to sign and submit                                a grant application for Fiscal Year 2007-08 for continuation of                          funding for the Spousal Abuser Prosecution Program (SAPP).

 

0600.600         25.       Approved and authorized the District Attorney to sign a contract for $107,305.20 with the Victim Compensation and Government Claims Board for Fiscal Years 2007-08 and 2008-09 for the continuation of the "Criminal Restitution Compact Unit".

 

0602.500

0150.146         26.       BU No.: 06/07-201 Approved and authorized an increase in   Fiscal Year 2006-07 appropriations and estimated revenues in Sheriff's Budget Unit 251 by $13,728.11 to purchase computer equipment for the Custody Operations Bureau with a technology rebate. (4/5th vote required)

 

0602.500         27.       a.   Approved and authorized the Sheriff to accept an All Terrain       Vehicle (ATV) donated by the Wente Family Estates; and

b.   Authorized the Chair of the Board of Supervisors to send a thank you letter.

 

0602.250         28.       Approved transfer of funds in the amount of $43,127 from Other                                  Professional Services to Fixed Assets in Probation Budget Unit                                 256-Institutions and Alternative Programs for the purchase of two                                     8-passenger vans during Fiscal Year 2006-07 for the use of                                          Juvenile Justice Crime Prevention Act programs.

 

 

GENERAL GOVERNMENT:

29.       Approved the Action Minutes for the meeting of Tuesday, April 10, 2007, copies having been previously distributed to each Board member.

 

30.       Approved the Action Minutes for the meeting of Tuesday, April 17, 2007, copies having been previously distributed to each Board member.

 

0600.030         31.       Resolution No. 07-154; B.U. No. 06/07-199 Adopt a Resolution

0154.146                     amending the Authorized Access to StateAllocation and Registration Sales and Use Tax Records Pursuant to Revenue and Taxation Code Section 7056.

 

0600.050         32.       Received the 2007-08 Appropriation Limits Pursuant to Article                                   XIIIB of The California Constitution and set June 11, 2007, at 9:00                     a.m. as the date to establish these limits.

 

0606.160         33.       a.   Approved and authorized the Purchasing Manager to execute an Agreement for Radio Procurement Consulting Services with DELTAWRX for the period of May 1, 2007 - December 31, 2008 in an amount not to exceed $429,216 to perform a functional design specification and assist with a Request for Proposal for the Design Build Phase of the Monterey County Operational Area Emergency Communications System; and

b.   Directed the Auditor-Controller to transfer funds up to $170,178 from the Cable TV Funds Account 080-3490 (a restricted revenue account) and to increase FY 2007-08 estimated revenue and appropriations in Budget Unit 151-Telecommunications, as detailed on the attached Board Order (4/5th vote required); and

c.   Directed the County Administrative Office and Auditor-Controller's Office to incorporate approved actions in the FY 2007-08 Adopted Budget.

 

0600.025         34.       a.   Resolution No.: 07-160 Authorized the placement of Mr.

0600.750                           Claudio Valenzuela at step 4 of the Assistant Registrar of Voters Salary Range in accordance with Personnel Policies and Practices Resolution (PPPR) #98-394, Section s A.1.11.1 and A.1.11.5; and

                                     b.  Authorized retroactive step placement for Mr. Claudio                                                 Valenzuela to step 4 Assistant Registrar of Voters salary

                                           range for the period of April 11, 2006 to May 14, 2006.

 

 

RMA - PLANNING:

0402.950

0802.000         35/45.  a.   Resolution No. 07-162 Accepted the Standard Subdivision  Final  Map to divide two parcels, a total of 5.87 acres into 33 residential lots, the Subdivision Improvement Agreement, Subdivision Improvement Plans, Parks and Recreation Plan, Notice of Water Conservation and Landscaping Requirements, Drainage and Flood Control Systems Agreement, the Tax Report from the Tax Collector and the Subdivision Guarantee; and

b.   Authorized the Chair to execute the Subdivision Improvement Agreement; and

c.   Authorized the Chair of the Water Resources Agency to execute the Drainage and Flood Control Systems Agreement; and

d.   Directed the Clerk of the Board to submit the Final Map, Subdivision Improvement Agreement, Parks and Recreation Plan, Notice of Water Conservation and Landscaping Requirements, Drainage and Flood Control Systems Agreement, to the County Recorder for filing.

(Final Map - PLN040767 CHISPA/Valley View Subdivision, Highway 198 and Main Street, San Lucas)

 

RMA - PUBLIC WORKS:

0602.350         36.       a.   Approved submittal of three AB2766 Emission Reduction Grant applications to the Monterey Bay Unified Air Pollution Control  District for a total amount not to exceed $265,526; and

b.   Authorized the Public Works Director or his designee to act as                       agent for the County in processing and signing all                                                      documentation to secure these funds.

 

0602.350         37.       a.   Resolution No. 07-155 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.   Adopted 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         38.       Resolution No. 07-158 Adopted a Resolution supporting submittal of a Small Community Wastewater Grant application by the San Jerardo Cooperative, Inc. to the State Water Resources Control Board to fund a facilities plan to upgrade their wastewater treatment facility.

 

0602.350         39.       a.   Approved a Request for pre-grading of Country Lake Estates Subdivision (PLN040103), subject to Monterey County requirements (Attachment A), South County area; and

b.   Approved the Pre-grading Agreement and authorize the Chair to sign the Agreement; and

c.   Approved the Phase 1 Subdivision Improvement Plans and authorize the Public Works Director to sign the Plans.

 

RMA - MONTEREY COUNTY REDEVELOPMENT AGENCY

BOARD ACTION: Upon motion of Supervisor Calcagno, and seconded by Supervisor Salinas, and unanimously carried 5/0, the Board approved the following actions unless otherwise noted:

5700.00           40.       Agreement No.: A-10899 Acting as the Board of Directors of the                               Redevelopment Agency of the County of Monterey, approved a                                   Reimbursement Agreement with Cypress Marina Heights LLC in                                   the amount of $58,918.18 to provide increased sewer capacity for                             future development in the unincorporated area.

 

EAST GARRISON PUBLIC FINANCING AUTHORITY

BOARD ACTION: Upon motion of Supervisor Calcagno, and seconded by Supervisor Salinas, and unanimously carried 5/0, the Board approved the following actions unless otherwise noted:

5100.000        41.        Approved and authorized the Chair of the Board of Directors of the East Garrison Public Financing Authority to sign a $50,000 Professional Services Agreement with Bondlogistix, LLC providing for comprehensive arbitrage rebate analysis and reporting services related to the issue of tax-exempt bonds by the East Garrison Community Facilities District.  The term will end June 30, 2016.

 

MONTEREY COUNTY WATER RESOURCES AGENCY

BOARD ACTION:  Upon motion of Supervisor Salinas, and seconded by Supervisor Armenta, and unanimously carried 5/0, the Board approved the following actions unless otherwise noted:

#42 was pulled for comment by the public – but still voted on collectively.

Public Comment:

a.  Julie Engel:  Requested that public hearings be scheduled first to address a number of concerns inclusive of: status, time, cost as well as when the benefits were to be received.

b.   Jan Mitchell:  Requested that public hearings be scheduled prior to any action being taken.  Ms. Mitchell argued that public hearings should be held prior to any rate increases.

STAFF:

Bill Phillips:  Mr. Phillips advised the Board that this action was to notice a public hearing set for June 19, 2007.  In addition, that there had been public hearings on this matter.

 

0802.900

0802.050         42.       a.   Set a date for a public hearing on June 19, 2007, at 1:30 p.m. to

0802.450                           adopt the Fiscal Year 2007-2008 benefit assessments for Zones

0802.500                           1, 1A, 8, 9, 12, and 17; and 

0802.650                     b.   Directed the Clerk of the Board to publish a hearing notice in the Salinas Californian, The Soledad Bee, The Register-Pajaronian and the King City Rustler at least ten days prior to the date set for the hearing.

 

0802.175         43.       a.   Set a date for a public hearing on June 19, 2007 at 1:30 p.m, to

0802.185                           approve the Fiscal Year (FY) 2007-2008 assessments and

0802.190                          water delivery charges for Zone 2B and FY 2007-2008

                                         assessments 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 at least ten days prior to the date set for the hearing.

 

0802.180         44.       a.   Set a date for a public hearing for June 19, 2007, at 1:30 p.m. to adopt Zone 2C Fiscal Year 2007-2008 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 ten days prior to the date set for the hearing.

 

 

0802.000         45/35.  a.   Accepted the Standard Subdivision Final Map to divide two

0402.950                           parcels, a total of 5.87 acres into 33 residential lots, the Subdivision Improvement Agreement, Subdivision Improvement Plans, Parks and Recreation Plan, Notice of Water Conservation and Landscaping Requirements, Drainage and Flood Control Systems Agreement, the Tax Report from the Tax Collector and the Subdivision Guarantee; and

b.   Authorized the Chair to execute the Subdivision Improvement Agreement; and

c.   Authorized the Chair of the Water Resources Agency to execute the Drainage and Flood Control Systems Agreement; and

d.   Directed the Clerk of the Board to submit the Final Map, Subdivision Improvement Agreement, Parks and Recreation Plan, Notice of Water Conservation and Landscaping Requirements, Drainage and Flood Control Systems Agreement, to the County Recorder for filing.

(Final Map - PLN040767 CHISPA/Valley View Subdivision, Highway 198 and Main Street, San Lucas)