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

MONTREY COUNTY REDEVELOPMENT AGENCY

MONTEREY COUNTY WATER RESOURCES AGENCY

Tuesday, September 11, 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 54957.6, the Board will confer with labor negotiators (G Unit); Keith Honda and Jonathan Holtzman for the County of Monterey.

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

 

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:  This review occurred.

 

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

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

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

A/C-1        3.  Marjorie Alford (WC)

4.  Stacie McGrady (WC)

5.  James Meckel (WC)

6.  Craig Pakish (WC)

7.  Peter Reyersbach (WC)

8.  Anna Meacham (WC)

9.  Michael S. Williams (WC)

BOARD ACTION:  The Board gave direction on how to finalize the settlement of each of the cases.  Matters 3 through 9 were pulled from the agenda and no discussion of these occurred.

 

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

BOARD ACTION:  The Board did not extend any authority to initiate but received an update and gave direction to hopefully avoid further litigation.

 

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

 

1.  Patricia Bernardi, et al. vs. County of Monterey.

BOARD ACTION:  The Board gave direction to Counsel on settlement possibilities or to move forward with the Appeal.

 

S/A-1   Pursuant to Government Code section 54956.9(a), the Board will confer with legal counsel regarding the following existing litigation:

 

1.  H-Y-H Corporation vs. County of Monterey

BOARD ACTION:  The Board heard from Counsel on the tentative decision by the Superior Court Judge, and gave direction.

10:30 a.m.

1.         Pledge of Allegiance

            The Pledge of Allegiance was led by Supervisor Potter.

 

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.

A/C-1  S-1      c.    3.  Marjorie Alford (WC)

4.  Stacie McGrady (WC)

5.  James Meckel (WC)

6.  Craig Pakish (WC)

7.  Peter Reyersbach (WC)

8.  Anna Meacham (WC)

9.  Michael S. Williams (WC)

 

3.         CONSENT CALENDAR - REGULAR (See Supplemental Sheet)

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

OTHER BOARD MATTERS:

6300.000         5.         Board Comments and Referrals

                                    a.   Supervisor Armenta:  The Supervisor made a referral through the CAO’s office to explore the combination or consolidation of the existing Health and Human Services Committee with the Housing Committee.  The Supervisor also advised his fellow Board members that he has been recommended by CSAC to attend the Great Valley Leadership Institute.

                                    b.   Supervisor Potter:  The Supervisor made a referral from a letter received from Carl Sedoric.  The Supervisor provided a copy of the letter to the County Administrative Officer in addition to his fellow Board members.

 

6300.000         6.         Received Board Referrals Update

 

0600.025         7.         CAO Comments

                                    There were none.

 

 

2050.000         8.         Public Comment (Limited to 3 minutes per speaker)

a.   Hans Jongens:  Mr. Jungens addressed the Board regarding some articles on combating cancer.   In addition Mr. Jungens addressed the Board regarding the use of steel in building homes instead of the use of wood.

 

2050.000         9.         Resolution No.:  07-320; Adopted a Resolution commending Stacie McGrady, Monterey County Deputy Sheriff, upon retirement from Public Service.  (Full Board)

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

 

2050.000         10.       Resolution No.:  07-321; Adopted a Resolution commending Efren N. Iglesia for his dedicated service of 24 years in the Office of the County Counsel upon his appointment by Governor Schwarzenegger to the Monterey County Superior Court.  (Full Board)

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

 

 

2050.000         11.       Resolution No.:  07-322; Adopted a Resolution commending Bob Burlison for his dedicated service with the Office of the District Attorney upon his appointment by Governor Schwarzenegger to the Monterey County Superior Court. (Full Board)

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

 

12.       a.   Receive a report on, and draft action minutes from, the Legislative Committee meeting of August 28, 2007; and

b.   Consider a recommendation from the Legislative Committee to support funding for and expansion of USDA Rural Development Initiatives in the 2007 Farm Bill.

 

SCHEDULED MATTERS:

S-2      Continued to September 25, 2007: Appeal - Reynolds - PLN050447.

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

 

 

0600.760         S-3      Received Bi-Annual 9-1-1 Update Report from Emergency Communications Department on Implementation Status of Consultant Recommendations for Dispatch Operations.

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

 

12:00 p.m.

Recess to Lunch

 

 

 

 

1:30 p.m.

Continue with Closed Session, if necessary.

 

ORDER FOR ADJOURNMENT

APPROVED:

 

                                                                       

Chair

ATTEST:

LEW C. BAUMAN, Clerk of the Board

 

By:                                                      

Deputy

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Supplemental Sheet)

CONSENT CALENDAR

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

HEALTH AND SOCIAL SERVICES:

0125.000

0601.100         13.       a.   Agreement No.:  A-10194; Approved and authorized the Director of Health to sign Amendment No. 2 to the Health Department's Agreement No. A-10194, with Public Health Foundation Enterprises, Inc., to increase the Agreement in the amount of $2,864,000, for a total Agreement amount not to exceed $4,069,000, and to extend the term of the Agreement from July 1, 2005 through June 30, 2010, for the purpose of providing Request for Proposal services and Subcontractor oversight on behalf of Monterey County Health Department for its HIV/AIDS State Agreements; and

b.   Authorized the Director of Health to sign up to three future amendments to this Agreement where the amendments do not exceed 10% and do not significantly change the scope of work.

 

0601.100         14.       a.   Resolution No.: 07-327; Approved the amended Schedule of

                                          Fees and Charges for Health Department Services; and

                        b.   Adopted the fees as the Amended Article I b. of the Monterey                                      County Fee Resolution effective October 1, 2007; and

                        c.   Approved the attached Monterey County Master Fee                                                   Resolution modifying Article I b; and

                        d.   Approved the amended Sexual Assault Response Team                                         (SART) Fee Schedule.

 

0125.000

0601.100         15.       a.   Agreement No.:  A-10786; Approved and authorized the Director of Health to sign Amendment No.2 to Agreement No. A-10786 with The Action Council of Monterey County Inc., to increase the agreement by $130,000 for the provision of community educational management services for the period of March 24, 2006 through June 30, 2009 for a revised total amount of $215,000; and

b.   Authorized the Director of Health to sign up to three future amendments to this agreement where the amendments do not exceed 10%, and do not significantly change the scope of work.

 

0601.100         16.       Proclaimed state of local emergency relating to the spread of HIV                                among injection drug users in Monterey County.

 

0601.100         17.       a.   Budget Unit No.:  07/08-041; Approved and authorized the reallocation of 2.0 FTE to the Health Department Clinic Services Budget Unit 413 as follows: reallocate 1.0 FTE Community Service Aide III to 1.0 FTE Medical Assistant; and reallocate 1.0 FTE Contract Physician to 1.0 FTE General   Internist; and

b.   Directed the Auditor-Controller to amend the FY 2007-08 Health Department Budget Unit 413 to reflect the change in position counts.

 

0601.100         18.       a.   Agreement No.: A-11015; Approved and authorized the

0125.000                           Director of Health to sign a Professional Services Agreement                                               with the University of California, San Francisco, Pediatric                                               Department in the amount of $123,900 for the term of

                                          January 1, 2007 through December 31, 2008; and

                        b.   Agreement No.: A-11016; Approved and authorized the                                    Director of Health to sign a Professional Services. Agreement                           with the University of California, San Francisco, Urology                                     Department in the amount of $35,400 for the term of January 1,                         2007 through December 31, 2008; and

                        c.   Agreement No.: A-11017; Approved and authorized the                                    Director of Health to sign a Professional Services Agreement                            with the University of California, San Francisco, Neurology                                 Department in the amount of $70,800 for the term of January 1,                         2007 through December 31, 2008; and

                        d.   Authorized the Purchasing Manager to sign up to three future                                 amendments to these agreements where the amendments do not              exceed 10% and do not significantly change the scope of work                    or change the approved amount.

 

CRIMINAL JUSTICE:

0602.500         19.       a.   Approved and amended Budget Unit 251 - Sheriff's Custody Operations Bureau to add 1.0 Deputy Sheriff position for court bailiff services, effective September 15, 2007; and

b.   Budget Unit No.:  07/08-042; Directed the Auditor-Controller to amend Budget Unit 251 - Sheriff's Custody Operations Bureau to change the position count and to increase appropriations and estimated revenues by $126,841as detailed in the attached Board Order. (4/5th vote required)

 

 

 

GENERAL GOVERNMENT:

0601.175         20.       Approved Property Tax Transfer for the proposed "Cornuts                             Reorganization" involving annexation of 51 acres to the City of                           Greenfield and detachment from the Monterey County Resource                      Conservation District.

 

0600.760         21.       Resolution No.:  07-331/Budget Unit No.:  07/08-043; Approved and adopted an extension of the Side Letter between the County of Monterey and Service Employees' International Union, Local 521 (SEIU) representing Communications Dispatch personnel in the General (Unit J) and Supervisory (Unit F) Units regarding the provision of special "Break Pay."

 

0600.760         22.       Resolution No.: 07-328; Approved and adopted a Resolution

                                    authorizing the Department of Emergency Communications to                            access Federal summary criminal history information for                                                employment, licensing, or certification purposes.

 

0600.750         23.       Authorized the Registrar of Voters to consolidate and render election services to specified cities and districts relating to the conduct of the November 6, 2007 School/Special District Election.

 

0600.750         24.       Appointed nominees to governing boards of various districts that                                  have insufficient nominees to cause an election on November 6,                                 2007, as detailed on the attached Board Order.

 

RMA - PLANNING:

0602.200         25.       a.   Accepted the Parcel Map to allow a minor subdivision to divide the 21.8 acre parcel into two parcels of 11.8 and 10 acres respectively; and

b.   Accepted the Subdivision Guarantee and Tax Report from the Tax Collector; and

c.   Directed the Clerk of the Board to submit the Parcel Map to the County Recorder for filing; and

d.   Directed the Parks Department to deposit the recreation in Lieu Fee of $ 69.00 into the Recreation-In-Lieu Fee Trust Account No. 080-3473 to be used for financing parks, recreational programs and facilities.

(PLN040453/Salazar, 45177 Carmel Valley Road, Greenfield Central Salinas Area Plan)

 

26.              a.   Approve a Professional Services Agreement with LSA Associates, Inc. in an amount of $161,000 to the base budget, plus $24,150 in project contingency, for a total amount not to exceed $185,150 for completion of a Final Environmental Impact Report (FEIR) for the Corral de Tierra Neighborhood Retail Village Subdivision to July 31, 2008 (PLN030344); and

b.      Approve Funding Agreement No. 2 with Omni Resources, LLC in an amount of $161,000 to the base budget, $24,150 in project contingency and $88,872 in County surcharge for a total amount not to exceed $274,022 to reimburse LSA Associates, Inc. for completion of a FEIR for the Corral de Tierra Neighborhood Retail Village Subdivision to July 31, 2008; and

c.       Authorize the Interim Director of Planning to execute the Professional Services Agreement and Funding Agreement No. 2 and future amendments that do not significantly alter the scope of work or change the approved agreement amount.

(Contract - PD060592/LSA Associates, LLC, County Wide)  

 

RMA - PUBLIC WORKS:

0602.350         27.       a.   Resolution No.:  07-324; Adopted a resolution finding that the closures 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         28.       a.  Resolution No.: 07-329;  Declared an emergency under Sections 20134(a) and 22050 of the Public Contract Code; find that the emergency will not permit a delay resulting from a competitive solicitation of bids; and authorize the emergency repairs to the Monterey County Adult Detention Shower Facilities, located at 1410 Natividad Road, Salinas, without adopting plans and specifications and giving notice for bids to let contracts; and

                        b.   Adopted a resolution authorizing the Purchasing Manager or his designee to enter into agreements and issue purchase orders to accomplish the required emergency work and ratifying the execution of emergency contracts and emergency actions already taken by the Purchasing Manager or his designee to respond to the emergency. (4/5th vote required)

 

 

 

 

 

RMA - MONTEREY COUNTY REDEVELOPMENT AGENCY

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

0401.753

5100.000         29.       Acting as the Board of Directors of the Redevelopment Agency of the County of Monterey, adopted the Fort Ord Veterans Cemetery Citizen's Advisory Committee revised bylaws.