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

PAJARO COUNTY SANITATION DISTRICT

MONTEREY COUNTY REDEVELOPMENT AGENCY

MONTEREY COUNTY WATER RESOURCES AGENCY

Tuesday, July 10, 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 conducted the performance evaluation for the Natividad Medical Center CEO and this will continue to be an ongoing review.

 

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

1.   Fernando Beltran vs. J. A. Momaney Services, Inc., et al.

BOARD ACTION:  A settlement was tentatively approved by the Board.   Information pertaining to this matter will be available through County Counsel’s office after the matter has been finalized.

 

c.   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: This item relates to the Election Results and the threat of potential litigation over the certification of these results.

 

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

1.   Valera W. Lyles, et al. vs. County of Monterey, et al.

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:  The Board received an update regarding the upcoming trial on Valera W. Lyles, et al. vs. County of Monterey, et al.  The Board received a status and gave direction on all of the above referenced matters.

 

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

BOARD ACTION:  The Board conferred with labor negotiators Keith Honda and Jonathan Holtzman and there is a tentative settlement agreement of a Cost of Living Adjustment (COLA) of 3.5% for G Unit.

 

f.    Pursuant to Government Code section 54957, the Board will provide a performance evaluation for the following public employment position:

1.   County Administrative Officer

BOARD ACTION:  This matter was conducted after the closing of the scheduled matters today.  The Board conducted this performance evaluation discussing goals and objectives and this matter will continue at another date. 

10:30 a.m.

1.         Pledge of Allegiance

The Pledge of Allegiance was led by County Counsel Charles McKee.

 

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 Smith, and seconded by Supervisor Armenta, and carried, the Board approved the following additions and corrections to the Agenda:

38.       a.   Amend the Fiscal Year 2007-08 Cooperative Extension Budget Unit 621 to delete one Agricultural Aide and add one Farm Advisor Assistant III; and

b.   Direct the Auditor-Controller's Office to amend the FY 2007-08 Budget Unit 621 - Cooperative Extension to delete one Agricultural Aide and add one Farm Advisor Assistant III.

 

3.         CONSENT CALENDAR - REGULAR (See Supplemental Sheet)

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

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

APPOINTMENTS:

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

0401.650         6.         Re-appointed Dan Ipson to the Emergency Medical Services Council for a term ending June 30, 2009.  (Full Board)

 

0401.650         7.         Re-appointed Paul Ireland to the Emergency Medical Services Council for a term ending June 30, 2009.  (Full Board)

 

0401.650         8.         Re-appointed Randy Korsgaard to the Emergency Medical Services Council for a term ending June 30, 2009.  (Full Board)

 

0401.650         9.         Re-appointed David Mora to the Emergency Medical Services Council for a term ending June 30, 2009.  (Full Board)

 

0401.650         10.       Re-appointed Sidney Reade to the Emergency Medical Services Council for a term ending June 30, 2009.  (Full Board)

 

0401.650         11.       Appointed Harry B. Robins, Jr. to the Emergency Medical Services Council for a term ending June 30, 2009.  (Full Board)

 

0401.500         12.       Appointed Doris Jones to the Commission on the Status of Women for a term ending February 1, 2008.  (Supervisor Smith)

 

0401.300         13.       Re-appointed Ron Stefani to the Castroville/Pajaro Redevelopment Project Area Citizens Advisory Committee for a term ending January 1, 2011.  (Supervisor Calcagno)

 

0401.300         14.       Re-appointed Paul Cortopassi to the Castroville/Pajaro Redevelopment Project Area Citizens Advisory Committee for a term ending January 1, 2011.  (Supervisor Calcagno)

 

0400.774         15.       Re-appointed Polly Jimenez to the CSA No. 14 Advisory Committee for a term ending March 1, 2011.  (Supervisor Calcagno)

 

0400.774         16.       Re-appointed Greg Stefani to the CSA No. 14 Advisory Committee for a term ending March 1, 2011.  (Supervisor Calcagno)

 

0400.774         17.       Re-appointed Diana Jimenez to the CSA No. 14 Advisory Committee for a term ending March 1, 2011.  (Supervisor Calcagno)

 

0400.774         18.       Re-appointed Jess Estrada to the CSA No. 14 Advisory Committee for a term ending March 1, 2011.  (Supervisor Calcagno)

 

0400.774         19.       Re-appointed Greg Burch to the CSA No. 14 Advisory Committee for a term ending March 1, 2011.  (Supervisor Calcagno)

 

0401.872         20.       Re-appointed Merri Bilek to the Monterey County In-Home Supportive Services Public Authority for a term ending June 30, 2010. (Supervisor Potter)

 

0401.872         21.       Re-appointed Alma Almanza to the Monterey County In-Home Supportive Services public Authority Advisory Committee for a term ending June 30, 2010. (Supervisor Calcagno)

 

OTHER BOARD MATTERS:

6300.000         22.       Board Comments and Referrals

a.   Supervisor Calcagno:  The Supervisor requested that the Planning Department and Code Enforcement work on an Ordinance that would pertain to the rural area to affect residential property only and exempt commercial operations.

The Ordinance would limit the number of Roosters to no more than 2 or 3 for any one parcel of land. 

 

 

 

 

 

 

6300.000         23.       Received Board Referrals Update

 

0600.025         24.       CAO Comments

County Administrative Officer Lew Bauman announced that the Monterey County Redevelopment Agency and East Garrison Partners received an award for the East Garrison Project.  This was a Public/Private Partnership Award presented at a special conference and was one of 6 awards given.

 

2050.000         25.       Public Comment (Limited to 3 minutes per speaker)

The following five individuals addressed the Board regarding their concerns over the Pebble Beach, Measure A matter:

a.       Vierra Merritt

b.      Weeva Moore

c.       Hanna Moore

d.      Natasha Montserat

e.       David Dilworth

 

f.        Marianne Worden:  Ms. Worden addressed the Board regarding a cut in pay for elections workers.  Ms. Worden advised that she had worked multiple precincts during this past election.  Ms. Worden advised the Board that in the past she would receive extra pay for working extra precincts.  However, she advises that for this past election she did not did she receive any notice that she would not be receiving extra pay for the extra work.

g.       Jackie Lopez:  Ms. Lopez wished to address the Board regarding a matter that was on the consent calendar.  Ms. Lopez was advised that public comment for consent matters had already been heard.

h.       Richard Hewitt:  Mr. Hewitt addressed the Board regarding his concerns over the Davis Street Road Residential access to the East Garrison project.

i.         Nancy Pratt:  Ms. Pratt addressed the Board regarding her concern over the contract with various consulting firms retained to turn around Natividad Medical Center’s financial deficits.  Ms. Pratt advised that her concern was over the negotiations of contracts and then the supplemental request for money, indicating that perhaps the initial bid was undercut.

j.        Hans Jongens:  Mr. Jongens addressed the Board concerning matters of global warming, China import problems, and concerns over the American economy.

 

 

 

2050.000         26.       Resolution No.:  07-269; Adopted a Resolution honoring Joe Pezzini as recipient of the Salinas Valley Chamber of Commerce 2007 Ag Leadership Award. (Supervisor Potter)

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

 

2050.000         27.       Resolution No.: 07-268; Adopted a Resolution proclaiming the Month of August 2007 as "Breastfeeding Awareness Month" in Monterey County.

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

 

2050.000         28.       Resolution No.:  07-226; Adopted a Resolution commending the Filipino-American Community Club of Monterey Peninsula on Celebrating 50 years of Service to Monterey County.  (Supervisor Smith)

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

 

2050.000         29.       Resolution No.:  07-267; Adopted a Resolution congratulating the Sports Car Racing Association of the Monterey Peninsula (SCRAMP) on the occasion of their 50th Anniversary.  (Full Board)

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

                        Parks Director John Pinio presented the Resolution to the CEO of SCRAMP, Jill Campbell.

 

 

SCHEDULED MATTERS:

S-2      Continued to July 24, 2007:  Hold a public hearing to consider objections and protests to a report of delinquent accounts for the Pajaro County Sanitation District.

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

 

0601.525         S-3      a.    Resolution No. 07-270; B.U. No. 07/08-002   Approved and amended Personnel Policies and Practices Resolution No. 98-394 to amend the salary level for Pharmacy Director; and

b.   Approves and amends the Natividad Medical Center Budget Unit 960 to add 1.0 Pharmacy Director; and

c.   Directed the Auditor-Controller to amend the FY 2007-08 Natividad Medical Center Budget Unit 960 to reflect the change in position count as outlined in the Board Order.

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

Public Comment:

a.       Jan Mitchell:  Ms. Mitchell requested that staff provide a dollar amount to clarify what the cost is involved.

STAFF:  Andrea Rosenthal advised that the contract with McKesson is approximately 600,000.  A FTE salary would be far less.  The Salary would be dependent upon what step level the individual would be brought in at. 

 

0601.525         S-4      a.   Authorized the Purchasing Manager to execute an Agreement        

0125.000                           with General Electric Healthcare for the repair and                                       maintenance of a GE 1.0T Magnetic Resonance Imaging                                System (MRI) at Natividad Medical Center (NMC) in an                                   amount not to exceed $661,000 for the term of February 20,                      2007 through February 19, 2012; and

                        b.   Modified standard County termination language; and

                        c.   Modified County Insurance Endorsement requirements.

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

 

0602.200        S-5       Ordinance No.: 5077 Adopted an interim urgency ordinance establishing standards and processes for the voluntary construction of fencing up to eight feet in height for the protection of agricultural crops in the unincorporated area of Monterey County. (4/5th vote required)

(Interim Ordinance - PD070086/Agricultural Fences Interim Ordinance, County-wide)

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

 

Public Comment:

a.       Bill Loudermilk:  The revisions proposed make this now a workable ordinance.

b.      Bob Perkins:  Commends staff on their efforts.  Mr. Perkins advises that they have not had an opportunity to review the revisions now being presented. He does not oppose the interim measure however; absent a review he does not necessarily support it either.

c.       Laura Giudici Mills:  Ms. Mills would like to see and ad hoc committee formed for the purpose of assisting in food safety.

d.      Beverly Bean:  Spoke in opposition of the ordinance.

e.       Gillian Taylor:  Spoke in opposition of the ordinance.

f.        David Dilworth:  Spoke in opposition of the ordinance.

g.       Jan Mitchell:  Spoke in opposition of the ordinance.

h.       Madeline Clark:  Spoke in opposition of the ordinance addressing concerns of aesthetics.

i.         Hans Jongens:  Spoke in opposition of the ordinance.

j.        Richard Hughett:  Spoke in support of the ordinance in addition to the creation of an ad hoc committee.

k.      Frank Pierce:  Spoke of concerns over e-coli.

 

 

0600.750         S-6      a.   Received the Certified Statement of Votes Cast and Declare

1350.000                           the Results of the June 5, 2007 Special Countywide election;                                              and

BOARD ACTION:  Upon motion of Supervisor Calcagno, and seconded by Supervisor Armenta and carried, the Board received the Certified Statement of Votes and Cast and Declared the Results of the June 5, 2007 Special Countywide election.

b.  Next Steps for the General Plan:

1.   Affirm either that the majority "No" vote on Measure "B" prevails or that the majority "No" vote on Measure "C"  supersedes Measure "B"; and

2.   Select option(s) for implementation of the General Plan.

BOARD ACTION: FIRST MOTION:  Upon motion of Supervisor Calcagno, and seconded by Supervisor Potter, and carried. The motion is as summarized:  Supervisor Potter:  The Board will be operating under the 1982 General Plan, we will develop an interim ordinance similar to the one that was previously developed that will be brought forward for a stay on development, we are to use the GPU 4 template as the start point or as the focus for the discussion and debate, and we will be having a Special Board of Supervisors meeting Tuesday July 17, 2007, for discussion of the parameters of the issues dealing with GPU4.   Supervisor Potter asks his fellow board members if this summary of the motion on the table is correct.

Supervisor Calcagno, maker of the motion advises that the summary is correct. 

 

BOARD ACTION:  SECOND MOTION (Specific to process):  Upon motion of Supervisor Potter, and seconded by Supervisor Smith and carried.  The Board recommended to the Planning Commission to form a sub-committee with district representation on that sub-committee for each district upon which they represent also.  Further that they have a Special Meeting of their own body set to make that Planning Commission Sub-Committee appointment and also to hear back from the Board on the parameters upon which you would like them to debate.

County Administrative Officer Lew Bauman:  The Board should further request that staff bring back a recommended time line so that the Board could give the Planning Commission and idea on how many special meetings they will need.

The make of the motion, Supervisor Potter concurred as did Supervisor Smith who seconded the motion.

Public Comment:

a.       Glenn Robinson:  Addressed the Board urging a compromise.

b.      Vinz Koller: Addressed the Board urging a compromise.

c.       Janet Brennan:  Addressed the Board urging the citizens petition – Measure C prevails.

d.      Carlos Ramos:  Addressed the Board not to adopt GPU 4.  Mr. Ramos further announces to the Board that a new coalition has been formed and announced at a press conference held this morning.  The new coalition is the Good Neighbor Coalition.   Mr. Ramos also read to the Board a prepared statement from Mel Mason.  (Copy obtained for the record.)

e.       Juan Uranga: Addressed the Board to have GPU 4 serve as a basis to go from but not to adopt GPU 4.  Mr. Uranga stated that the voters have spoken. No to ballot box, yes to leadership.  A representative form of government is needed.

f.        Phyllis Meurer: Addressed the Board urging a compromise.

g.       Bill Carrothers:  Addressed the Board stating that neither water nor land can simply be created. These are issues that need to be further addressed.

h.       John Bridges:  Addressed the Board urging that GPU 4 is a valuable document and that it should be used as a base document to then discuss and make the modifications from.

i.         Tom Carvey:  Addressed the board urging for a speedy resolution to this matter.  Mr. Carvey further echoed that the voters had spoken indicating that the voters showed that they do not like ballot box planning.  Mr. Carvey urged that GPU 4 was a good base to start from.

j.        Han Jongens:  Addressed the concerns over sending the matter back to the Planning Department because it was his belief that there were conflicts within the Planning Department that would affect this project.

k.      Bob Perkins:  Addressed the Board urging that the voters want their leaders to lead.  Mr. Perkins advises that he believed that GPU 4 should be used as a style template and a good start.

l.         Ed Mitchell:  Addressed the Board urging them to reject GPU 4 that Measure C prevailed. 

m.     Jan Mitchell:  Addressed the Board urging them to heed the voice of the electorate.

n.       Aaron Johnson:  Addressed the Board echoing the No to ballot box planning sentiment addressed earlier.  Mr. Johnson also urged the Board to stay with the 1982 General Plan and use the GPU 4 as a template.

o.      John Bandarra:  Addressed the Board urging them to adopt GPU 4.

p.      Alfred Diaz-Infante:  Addressed the Board urging the use of GPU 4 as a template.  Mr. Diaz further advised that he believed it clear Measure A failed.

q.      Jane Parker:   Addressed the Board urging them to find Measure C prevailed and that a process be brought forward.

r.        Madeline Clarke:  Addressed the Board to propose that this be sent back to the various Land Use Advisory Committees (of which there are 12 within the County of Monterey) for review and submission to the Planning Commission then back to the Board.

s.       Tony Peete:  Addressed the Board urging a compromise.  Mr. Peete urged all to re-set to the present. That the election was a huge market survey revealing just exactly what everybody felt and just how strongly they felt.  This is now an opportunity to move forward using this as an opportunity to redeem ones-self and not to drop the ball as a good number of people have suggested here today.

 

 

12:00 p.m.

S-7      Continue with Closed Session

 

 

ORDER FOR ADJOURNMENT

IN MEMORY OF

GEORGE UYEDA

AND

MARTIN MACARENO

 

 

 

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 carried, the Board approved the following actions, unless otherwise noted: 51, 52, and 53 were pulled.

HEALTH AND SOCIAL SERVICES:

0602.550         30.       a.   BU No.: 07/08-009 Approved and amended the FY 2007-08

0601.160                           Department of Social & Employment Services Budget Unit

0150.147                           501 and Information Technology Department Budget Unit 193                                            to increase staffing to backfill for current employees that will                                        be assigned to the       ISAWS Migration Project as detailed on                                               attached Board Order; and 

b.   Directed the Auditor-Controller to increase appropriations and estimated revenues of $478,456 and amend the position allocations for the FY 2007-08 Department of Social & Employment Services BU 501 and Information Technology Department BU 193 as detailed on the attached Board Order.        (4/5th vote required)

 

0602.550         31.       a.   Resolution No. 07-271; B.U. No. 07/08-003  Approved and

0150.147                           amended the FY 2007-08 Department of Social and   Employment Services Budget Unit 501 to reallocate one (1.0) FTE Office Assistant II to Office Assistant III, and

                                     b. Directed the Auditor-Controller to amend Budget Unit 501 Social Services Position Allocation for FY 2007-08 to reflect the changes.

 

0601.150         32.       a.   Resolution No.: 07-274; BU No.: 07/08-008 Amended the

0602.025                           Personnel Policies and Practices Resolution No. 98-394 to add

0150.147                           the classifications of Physician Assistant I, Physician Assistant          II, Nurse Practitioner II, and Nurse Practitioner III; to re-title      the classification Physician Assistant/Nurse Practitioner to          Nurse Practitioner I and increase salary range; and to delete the     classification of Sr. Physician Assistant/Nurse Practitioner; and

b.   Amended the Health Department Clinic Services Budget Unit 413 to approve the reallocation of 11.0 FTE Physician Assistant/Nurse Practitioner positions as outlined in the Board Order; and

c.   Amended the Health Department Clinic Services Budget Unit 413 to approve the reclassifications of 10.0 FTE Physician Assistant/Nurse Practitioner positions as outlined in the Board Order; and

d.   Amended the Health Department Behavioral Health Budget Unit 415 to approve the reallocation and reclassification of 1.0 FTE Physician Assistant/Nurse Practitioner to 1.0 FTE Nurse Practitioner III; and

e.   Directed the County Administrative Office and the Auditor-                        Controller’s Office to incorporate these actions in the

      FY 2007-08 Adopted Budget.

 

0601.100         33.       a   B.U. No. 07/08-004.   Approved and amended FY 07-08

0150.147                          Health Department Budget Unit 414 to reallocate 1.0 FTE Secretary to 1.0 FTE Principal Office Assistant position; and

b.   Directed the Auditor-Controller to amend FY 07-08 Health Department Budget Unit 414 to reflect the changes in position count.

 

0601.100         34.       Authorized the appointment of Robert Shingai to a vacant seat on the Monterey County Solid Waste Hearing Panel to serve out the remainder of the term ending August 15, 2010.

 

GENERAL GOVERNMENT:

0600.025         35.      a.   Received a report on, and draft action minutes from, the Legislative Committee meeting of June 20, 2007; and

                                   b.   Considered a recommendation from the Legislative Committee to adopt a position of "support" to a change in the definition of "domestic farm labor" contained in the 2007 Farm Bill.

 

0601.160         36.       a.   BU No.: 07/08-010 Approved and authorized the transfer of

0150.147                           $150,000 from the Cable TV Funds Restricted Revenue

                                          Account 080-3490 to BU 151-Telecommunications for services                 necessary to operate the Monterey County Government                                      Channel during FY 2007-08; and

                        b.   Increased estimated revenue and appropriations by $150,000                                in BU 151-Information Technology as detailed on the attached                                     Board Order (4/5th vote required); and

                        c.   Directed the Auditor-Controller to transfer required funds and                                increase estimated revenue and appropriations as detailed on                                    the attached Board Order.

 

0601.160         37.       a.   B.U. No. 07/08-005 Approved reallocation of a

0150.147                         Telecommunications Technician III to a Communications Technician III; and

                                   b.   Directed the Auditor-Controller to amend Information Technology Department Budget Unit 151-Telecommunications to reflect the revised position classification count, as detailed on the attached Board Order.

 

0600.025         38.       a.   BU No. : 07/08-011 Amended the Fiscal Year 2007-08

0150.147                           Cooperative Extension Budget Unit 621 to delete one

                                          Agricultural Aide and add one Farm Advisor Assistant III; and

                        b.   Directed the Auditor-Controller's Office to amend the FY                          2007-08 Budget Unit 621 - Cooperative Extension to delete                                     one Agricultural Aide and add one Farm Advisor Assistant III.

 

0601.175         39.       a.   Agreement No. : A-10950 Approved a Professional Services

0125.000                          Agreement with the Monterey County Business Council  (MCBC) for the term July 1, 2007 through June 30, 2008, in an amount not to exceed $135,000, to administer all aspects of the Competitive Clusters Project and the development of a Technology Cluster; and

                                     b.  Authorized the Intergovernmental and Legislative Affairs            Director to execute the Agreement.

 

0600.025         40.       Agreement No.: A-10954 Approved and authorized the                                           Contracts/Purchasing Manager to sign Agreements with Star                             Sanitation Services and United Site Services, Inc., to provide                            portable toilet site services for the Parks Department and other                            departments throughout the County for a term of two (2) years                          from the date of signing the Agreements through July 31, 2009,                           with the option of extending each Agreement for two (2) additional                one (1) year periods. The Agreements carry an aggregate value of                                 approximately $400,000, in accordance with the terms and                                           conditions set within each Agreement.

 

0600.050         41.       Agreement No.: A-10125 Authorized the Chair to sign Amendment No. 2 to Agreement No. A-10125 with Bartig, Basler and Ray, CPAs in an amount not to exceed $110,450 to perform the 2006-07 General Purpose Financial Statement and Single Audits; $6,000 to perform an audit of the Pajaro County Sanitation District Financial Statements; and $5,000 to perform an audit of the County's First 5 grants.

 

0600.750         42.       a.   Agreement No. 09946 Approved and authorized the

0125.000                           Registrar of Voters to execute First Amendment to Agreement                                for $567,806 with Sequoia Voting Systems, Inc. (Sequoia) to                          include additional hardware (audit trail printers and audio units                         for improved accessibility), software (ballot design), and                                    extended warranties (central count ballot tabulators); and

                        b.   Accepted Non-Standard County Liability Provisions as                                                recommended by the Registrar of Voters.

 

0600.025         43.       a.   Resolution No. 07-272; B.U. No. 07/08-006  Amended

0150.147                           Personnel Policies and Practices Resolution No. 98-394 to add   the classifications of Workers' Compensation Manager and Ergonomics Manager; and

b.   Reallocated 2.0 Full Time Equivalent (FTE) Allocation to be Determined (Unit X) positions within Budget Unit 195-Risk Management to 1.0 FTE Workers' Compensation Manager and 1.0 FTE Ergonomics Manager; and

c.   Directed the Auditor-Controller to amend Budget Unit 195 Position Allocations to reflect the changes.

 

0601.100         44.       a.   Resolution No.: 07-273; BU No.: 07/08-001 Amended

0602.025                           Personnel Policies and Practices Resolution No. 98-394

0150.147                           to increase the salary range of the classification series of                   California Children's Services Case Worker I, II and III; and                        amend the bargaining unit representation of the California                                           Children's Services Case Worker classification series from Bargaining Unit J to Bargaining Unit K effective

                                          August 4, 2007; and

                        b.  Authorized the Health Department to pay employees in the                          classifications of California Children's Services Case Worker I,                     II and III retroactive pay effective January 6, 2007.

 

0600.025         45.       Approved the Memoranda of Understanding (MOU) and the related addenda for Deputy Sheriffs' Association Units A (General Safety), B (Safety Supervisory) and C (Safety Management) for July 1, 2006 through June 30, 2009

 

RMA - PLANNING:

0602.200         46.       Resolution No.: 07-275 Adopted a Resolution of Support for the                               Land Trust of Santa Cruz County's Application to the Department                           of Conservation California Farmland Conservancy Program for an                             Agricultural Conservation Easement applied to Borina Farmlands                                     with portions within both the unincorporated areas of Santa Cruz                                   County and the Non-Coastal Area of North Monterey County. This                  Board action applies only to that portion of the subject property                                within the unincorporated area of Monterey County.

(Resolution - PD070489/Borina Foundation, North County Non-Coastal Zone)

 

0602.200        47/62.   a.   Accepted the Parcel Map to allow a minor subdivision to divide the 213.6 acre parcel into four parcels and a 111 acre remainder parcel and a lot line adjustment of three existing parcels of 87, 169 and 20 acres, to create three parcels of 34.5, 27.7 and 213.6 acres; and

b.   Accepted the Subdivision Improvement Agreements, Road and Drainage Maintenance Agreement, Mitigation Monitoring Agreement, Indemnification Agreement, Deed Notification and Deed Restriction, Conservation and Scenic Easement Deed, Scenic Easements Conservation and Scenic Easement Deed, Fox Creek Ranch Biological Easements Conservation and Scenic Easement Deed, Water Conservation Notice, Floodplain Notice, Subdivision Guarantee, Notice of TAMC fees, Security Bonds, and Tax Report from the Tax Collector; and

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

d.   Authorized the Chair of the Water Resources Agency to execute the Road and Drainage Maintenance Agreement; and

e.   Directed the Clerk of the Board to sign the Subdivision Improvement Agreements, Conservation and Scenic Easement Deed, Scenic Easements Conservation and Scenic Easement Deed, and Fox Creek Ranch Biological Easements Conservation and Scenic Easement Deed; and

f.   Directed the Clerk of the Board to submit the Parcel Map, Mitigation Monitoring Agreement, Indemnification Agreement, Deed Notification and Deed Restriction, Conservation and Scenic Easement Deed, Scenic Easements Conservation and Scenic Easement Deed, Fox Creek Ranch Biological Easements Conservation and Scenic Easement Deed, Water Conservation Notice, Notice of TAMC fees and Floodplain Notice to the County Recorder for filing.

(PLN030456/Fox Creek Ranch, 33750 E Carmel Valley Road, Cachagua Area Plan)

 

RMA - PUBLIC WORKS:

0602.350         48.       a.   Agreement No.: A-10956 Approved a Professional Services

0125.000                           Agreement with HJW GeoSpatial, Inc., in an amount not to                                     exceed $29,400 to provide aerial photogrammetric                                                 (topographic mapping) services for the Davis Road Bridge                                Replacement Project (County No. 208) at Salinas River,                                   Federal Aid Project No. BRLS-5944 (068), Project No. 09-                                 360065, including the widening of Davis Road to four lanes                           between Blanco Road and Reservation Road in Monterey                           County to December 31, 2008; 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.

Public Comment:

a.   Hans Jongens:  Mr. Jongens questioned the widening of the road.

 

 

BOARD ACTION:  Item No. 49 was voted on separately.  Supervisor Potter recused himself due to a potential conflict due to his son being employed by Duffy & Associates.  Vice Chair Armenta called for the motion and the vote:  Upon motion of Supervisor Calcagno, and seconded by Supervisor Salinas and carried 4/0.

0602.350        49.        a.   Agreement No.:  A-10408 Approved Amendment No. 1 in the

0125.000                           amount of $23,345 for a total amount not to exceed $103,121 to the Professional Services Agreement with Denise Duffy & Associates, Inc., to provide a second construction season of preconstruction wildlife surveys and construction monitoring services for the Arroyo Seco Road Bridge (Co. No. 311) at Arroyo Seco River, Federal Aid Project No. BRLSZD-5944 (046), Project No. 06-220665, to August 1, 2009; 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         50.       a.   Set public hearing for July 31, 2007, at 1:30 p.m., to receive                                         public comments regarding the Freeway Agreement with                                               Caltrans for the construction of the Prunedale Improvement                                                 Project; and

                        b.   Directed the Clerk of the Board to publish a Notice of Public                                 Hearing ten days prior to the hearing in the Californian and                                 Monterey Herald.

Public Comment:

a.   Sigmat (No speaker card and no last name provided):  Requested a brief clarification of this item.

b.   Jan Mitchell:  Ms. Mitchell inquired whether the agreements with Caltrans would be made available for the public’s review.

STAFF:  Public Works Director Ron Lundquist provided clarification to the Board that this matter for approval was just to set a public hearing.  The public hearing then being July 31, 2007.

 

BOARD ACTION:  Supervisor Potter pulled 51, 52, and 53 noting that none had gone first through the Capital Improvements Committee.  Supervisor Potter advised that he was not necessarily opposed to any of the matters, but that since they did involve contracts and amendments to contacts for a rather large dollar amount, they should first go through the Capital Improvements Committee.  Supervisor Salinas who also sits on this committee was also in agreement.  Upon motion of Supervisor Salinas, and seconded by Supervisor Armenta, 51, 52, and 53 were pulled to be first submitted to the Capital Improvements Committee for review and recommendation.

51.       a.   PULLED Approve Amendment No. 2 in the amount of $98,099 for a total amount not to exceed $1,449,567    with Wald, Ruhnke & Dost Architects, LLP for additional services associated with the County Health Department Building; and

b.   Authorize 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.

 

52.       a.   PULLED Approve a Construction Project Management Services Agreement with Turner Construction in an amount not to exceed $2,095,737 to provide construction project management services for the County Government Center North Wing Renovation and Expansion Project to December 31, 2008; and

b.   Authorize the Chairman to the Board of Supervisors to execute the Agreement and future amendments that do not significantly alter the scope of work or change the approved Agreement amount.

 

53.       a.  PULLED Approve a Professional Services Agreement with Keith B. Higgins & Associates, Inc., in an amount not to exceed $123,348 to provide traffic engineering services for the Monterey County Government Center Parking Structure to June 30, 2008; and

b.  Authorize the Purchasing Manager to execute the Amendment   and future

      amendments that do not significantly alter the scope of work or change the a

      approved Agreement amount.

 

 

0525.000

0602.350         54.       a.   2007 CONST 0010 Approved Plans and Special Provisions

                                          for the Procurement (Delivery and Application) of Asphalt

                                          Emulsion for the Seal Coat 2007 Project (Contract No. 08-                                          550816; and

                        b.   Authorized the Clerk of the Board to advertise the "Notice to

                              Contractors" in the Californian on July 13, and July 20, 2007.

 

0602.350         55.       a.   Found that County Service Area No.

0125.000                          15 - Toro Park Estates, Serra Village, Toro Creek Estates and Toro Sunshine are located remote from available County resources; and the County's economic interests are served best by contracting for landscape maintenance service, pursuant to Government Code section 31000; and

b.   Agreement No.: Agreement No.: A-10952    Approved an Agreement for Landscape and Open Space Maintenance Services for a period of one year, with the option to extend the Agreement for two additional one-year periods, in an amount estimated not to exceed $35,350 in FY 2007-08 between County Service Area No. 15 - Toro Park Estates, Serra Village, Toro Creek Estates and Toro Sunshine and Linda Vista Landscape in accordance with the terms and conditions within Request for Proposal No. 10011; and

c.   Authorized the Purchasing Manager to execute the Agreement, related documentation necessary to effectuate the Agreement, and future amendments that do not significantly alter the scope of work or change the approved amount.

 

0602.350         56.       a.   Resolution No.: 07-277 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).

 

 

RMA - MONTEREY COUNTY REDEVELOPMENT AGENCY:

BOARD ACTION: Supervisor Potter again raised the issue that No.’s 57 and 58 should procedurally first go through the Capital Improvement Committee for review and recommendation back to the board.  Thus that these two matters should also be trailed (as 51, 52 and 53 had been).  Supervisor Salinas was in agreement. Upon motion of Supervisor Salinas, and seconded by Supervisor Smith, and carried, the Board trailed these two items to be submitted first through the Capital Improvement committee.

57.       PULLED Approve and authorize the Chair of the Board of Directors of the Redevelopment Agency of the County of Monterey to sign Amendment No. 5 to Agreement No. A-09669 with The Paul Davis Partnership for the Castro Plaza Project in Castroville, to extend the term of the Agreement to June 30, 2008.

 

58.       PULLED Acting as the Board of Directors of the Redevelopment Agency of the

            County of Monterey, take the following actions relating to the receipt of bids for construction of the Castro Plaza Fountain in Castroville, Project No. 07-720720:

            a.   Reject the bid of DMC Construction, Inc., as being non-responsive due to

                  an irregularity in the Bid Bond; and

            b.   Award a contract in the amount of $198,253.00 to Tombleson Incorporated; and

            c.   Establish a contingency not to exceed 10% of the amount bid; and

            d.   Authorize the Director of Housing & Redevelopment to execute the contract.

 

MONTEREY COUNTY WATER RESOURCES AGENCY:

BOARD ACTION:  Upon motion of Supervisor Salinas and seconded by Supervisor Smith, and carried, the Board approved the following actions, unless otherwise noted: 61 was continued to a date in the near future.

0802.000        59.        B.U. No.: 07/08-007 Approved the following revisions to the

0150.147                     Monterey County Water Resources Agency's FY 2007-2008 budget:

1.   Decreased appropriation for the purchase of a Portable Diesel Pump in Fund 217, Budget Unit 930, Account 6890 (Fixed Assets) by $25,000, and

2.   Decreased appropriation for the purchase of a Portable Diesel Pump in Fund 222, Budget Unit 930, Account 6890 (Fixed Assets) by $25,000, and

3.   Increased appropriation for the purchase of the Espinosa Pump Station in Fund 217, Budget Unit 930, Account 6890 (Fixed Assets) by $25,000 (4/5th vote), and

4.   Increased appropriation for the purchase of the Espinosa Pump Station in Fund 222, Budget Unit 930, Account 6890 (Fixed Assets) by $25,000 (4/5th vote required).

 

0802.150         60.       Resolution No.: 07-276 Approved the notice and Request for

                                    Proposals for seven leases on Agency land located around lakes

                                    San Antonio and Nacimiento reservoirs and direct the Clerk to

                                    advertise for proposals to be submitted by August 22, 2007,

                                     at 1:00 p.m.

 

This matter was pulled by Supervisor Calcagno:

BOARD ACTION:  Upon motion of Supervisor Potter, and seconded by Supervisor Armenta, this matter was continued in order to allow for a Public Presentation with and opportunity for some recorded input and then be brought back in the near future.

0802.000         61.       CONTINUED:  Consider Approval of the Monterey Bay Regional Water Solutions Leadership Task Force Memorandum of Understanding.

Supervisor Calcagno pulled this and requested that this matter be voted on separately as he intended to recuse himself from the vote and he would appreciate in the future that a report of this magnitude which he would like to participate in, that we would eliminate mentioning or holding off any thing to do with De-Sal in Moss Landing off the particular agenda because this is a long issue in which the Supervisor would like to participate but because the De-sal facility in Moss Landing is listed that gives the Supervisor a conflict wherein he cannot participate in this vote.  Therefore, Supervisor Calcagno advised that he would appreciate that in the future in bringing such matters forward, that Water Resources eliminate that portion and handle it separately and write the report strictly on the other issues.

 

Public Comment:

a.  Margie Kay:     Ms. Kay would like to know who are the LTF members?  Who is representing North County?  What is going on?  What progress is being made?  Ms. Kay requests that this matter be continued this time and attach to its approval a timely public staff report on the progress of the LTF.

b.  Madeline Clarke:  This matter is too big to have been placed under consent.

c.   Jan Mitchell:   Addressed the Board requesting that this matter be continued and further that a public representative be appointed to the LTF.

Staff:   Curtis Weeks, Director of the Water Resources Agency:  Addressed the Board to advise that he recognizes the concerns. Mr. Weeks advises that there were a number of organizations both water and cities and others that participated and recognize that this MOU is a good step forward.  He agreed that is was appropriate to monitor and advise or perhaps provide quarterly reporting on the progress.  Mr. Weeks acknowledge the need to pay attention to the water supply in Monterey County, both in North County as well as in the Peninsula, the Salinas Valley and South County as well.  In terms of who represents Monterey County, the intent was to have Supervisor Calcagno as representative of the Agency, Sylvio Bernardi (a former member of the Castroville Water District) to be the representative on that body.  Mr. Weeks advised that he is not opposed to having public members serve however, at this point they have not identified public members from other areas and if they did that they would probably need to have some sort of equitable opportunity for others to participate.    In terms of this matter being on Consent, this is follow up direction from the Board, working through developing this task force.  The question about who participates primarily  it has been at a working level, city managers and general managers and that type of individual.   They have had two meetings on a public official basis.  Supervisor Potter was in attendance of both meetings.  One was in April 2006 and the other in February of this year.  There is another meeting scheduled for the 23rd of this month.  Mr. Weeks advised that he believed that it was appropriate for the Board to take action and be supportive of this, that staff can certainly bring this matter back but that he would like to have the Board’s support as they work together towards that 23rd meeting.  In any case they would be willing to come back and talk more in detail about some of the parameters that are associated with this and bring people up to speed.  

 

 

0602.200        62/47.   a.   Accepted the Parcel Map to allow a minor subdivision to divide the 213.6 acre parcel into four parcels and a 111 acre remainder parcel and a lot line adjustment of three existing parcels of 87, 169 and 20 acres, to create three parcels of 34.5, 27.7 and 213.6 acres; and

b.   Accepted the Subdivision Improvement Agreements, Road and Drainage Maintenance Agreement, Mitigation Monitoring Agreement, Indemnification Agreement, Deed Notification and Deed Restriction, Conservation and Scenic Easement Deed, Scenic Easements Conservation and Scenic Easement Deed, Fox Creek Ranch Biological Easements Conservation and Scenic Easement Deed, Water Conservation Notice, Floodplain Notice, Subdivision Guarantee, Notice of TAMC fees, Security Bonds, and Tax Report from the Tax Collector; and

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

d.   Authorized the Chair of the Water Resources Agency to execute the Road and Drainage Maintenance Agreement; and

e.   Directed the Clerk of the Board to sign the Subdivision Improvement Agreements, Conservation and Scenic Easement Deed, Scenic Easements Conservation and Scenic Easement Deed, and Fox Creek Ranch Biological Easements Conservation and Scenic Easement Deed; and

f.   Directed the Clerk of the Board to submit the Parcel Map, Mitigation Monitoring Agreement, Indemnification Agreement, Deed Notification and Deed Restriction, Conservation and Scenic Easement Deed, Scenic Easements Conservation and Scenic Easement Deed, Fox Creek Ranch Biological Easements Conservation and Scenic Easement Deed, Water Conservation Notice, Notice of TAMC fees and Floodplain Notice to the County Recorder for filing.

(PLN030456/Fox Creek Ranch, 33750 E Carmel Valley Road, Cachagua Area Plan)