A C T I O N M I N U T E S
MONTEREY COUNTY BOARD OF SUPERVISORS
TUESDAY, JANUARY 26, 1999 AT 9:30 A.M.
Lunch Break from 12:00 Noon to 1:45 p.m.
9:30 a.m.
S-1 CONSENT CALENDAR - REGULAR [See Supplementary Sheet attached]
APPOINTMENTS:
Upon motion of Supervisor Johnsen, seconded by Supervisor Salinas, and unanimously carried, the Board approved the following appointments:
0401.500 1. Reappointed Malvina Torres, representing District No. 1; and Kay Kirkland, representing District No. 5; to the Commission on the Status of Women for three year terms expiring February 1, 2002. (Salinas; Potter)
0401.750 2. Reappointed Al Espindola, representing District No. 1; and reappointed Bill Bingaman, representing District No. 2; to the Fish and Game Advisory Commission for three year terms expiring February 1, 2002. (Salinas; Pennycook)
0401.840 3. Appointed Richard L. Hughett, representing Ambler Park, to the Highway 68 Improvement Advisory Committee to serve a term at the pleasure of the Board. (Pennycook)
0401.870 4. Appointed Trudy Mullen to the HIV/AIDS Advisory Committee, representing the category of minority specialist, for a four year term expiring March 1, 2003. (Pennycook)
0401.850 5. Reappointed Ferne Mammen to the Historical Advisory Commission for a four year term expiring February 1, 2003. (Pennycook)
OTHER BOARD MATTERS:
6300.000 6. Board comments and referrals: Supervisor Pennycook referred a letter from Presiding Judge John M. Phillips, Coordinated Trial Courts of Monterey County, concerning conversion of Courtroom 18 into a Case File Storage, to the County Administrative Officer.
County Administrative Officer Sally R. Reed reported that she talked to Judge Phillips on Monday, January 25, 1999 and stated this matter has been resolved.
0600.025 7. County Administrative Officer's Comments and Reports: County Administrative Officer Sally R. Reed reported on a meeting held with the Parks Director and representatives from SCRAMP. They will be recommending approval by the Board of a short-term lease on February 16, 1999 to allow additional time for review of a long-term lease.
2050.000 8. Resolution No. 99-031: adopted Resolution recognizing Barbara Mitchell, Executive Director of INTERIM, Inc., on the occasion of her 20th anniversary with the agency. (Potter)
BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Johnsen, and unanimously carried.
Upon motion of Supervisor Potter, seconded by Supervisor Johnsen, and unanimously carried, the Board declared an emergency due to time constraints, and added the following to the Board's Agenda:
2050.000 NA/1 Resolution No. 99-033: adopted Resolution honoring Morgan Stock for his many contributions to the local theater community. (Potter)
BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Johnsen, and unanimously carried.
SCHEDULED MATTERS
9:45 a.m.
2050.000 S-2 PUBLIC COMMENT PERIOD: Peggy Shirrel, Ph.D., Secretary of the North Monterey County Coastal Land Use Advisory Committee, urged the Board to initiate updates of the Monterey County General Plan, Area Plans, the North Monterey County Coastal Plan and the Moss Landing Harbor District Plan.
9:55 a.m.
2050.000 S-3 Resolution No. 99-032: adopted and presented Resolution expressing appreciation to Jay Hudson, President/CEO, Community Hospital of the Monterey Peninsula and Community Hospital Foundation upon his retirement. (Potter)
BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Johnsen, and unanimously carried.
10:00 a.m.
0602.250 S-4 a. Resolution No. 99-034: approved and authorized the Chief Probation Officer to submit a grant application for $139,933 for Juvenile Accountability Incentive Block Grant (JAIBG) program to the State Office of Criminal Justice Planning; accepted the City of Salinas' JAIBG direct grant award.
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Salinas, and unanimously carried.
0602.250 b. Received overview of the Probation Department by Duane Tanner, Chief Probation Officer.
BOARD ACTION: The Board received the presentation by Duane Tanner, Chief Probation Officer, and members of his staff.
During a discussion on the California Youth Authority Impact Study, Chair Pennycook stated that after the Board has had time to study the information presented today, and then in collaboration with the Courts, she will schedule an in-depth discussion and analysis on out-of-home placement costs.
10:45 a.m.
S-5 Closed Session relating to the following matter:
6200.000 a. Conference with Legal Counsel- Existing Litigation
Name of Case: Lopez v. County of Monterey
BOARD ACTION: (Refer to action under S-7 below)
11:00 a.m.
4000.000 S-6 Continued public hearing (open) to adopt a Resolution for approval of the Design Guidelines for the community of Spreckels (File No. 980270), subject to the revisions recommended by the Planning Commission and the Spreckels Neighborhood Design Review Committee. (Continued from 1/5/99) Staff Recommendation: Continue the Public Hearing to Tuesday, February 23, 1999 at 10:00 a.m..
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Calcagno, and unanimously carried, the Board continued the public hearing (open) to Tuesday, February 23, 1999 at 10:00 a.m.
0601.450 S-7 Oral Report from County Counsel on the recent Supreme Court decision regarding the Municipal Court redistricting.
BOARD ACTION: County Counsel Douglas C. Holland presented an historical perspective on the two Lopez decisions by the United States Supreme Court over the last 4 1/2 years. Mr. Holland has been authorized by the Board to explore options with the State Attorney General's Office and report back on how the State intends to proceed.
The Board has asked that this matter be scheduled for public review and public hearing, with an invitation to the Municipal Court Judges and to the public to discuss the changes that have occurred over the years and provide an historical context for some of the decisions that the Board may need to review in the future in regards to the handling of this case.
The Board received the oral report.
11:45 a.m.
0802.000 S-8 Selected and appointed Richard Morgantini as the Monterey County Farm Bureau representative to the Board of Directors of the Monterey County Water Resources Agency, for a four year term expiring December 31, 2002. (Continued from 1/19/99)
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried.
1:45 p.m.
6300.000 S-9 Report from the County Administrative Officer on outcome and future planning for the Board's Strategic Planning Workshops.
BOARD ACTION: The Board received the report.
ORDER FOR ADJOURNMENT IN MEMORY OF MARGARET OWINGS, ENVIRONMENTALIST, AND WILLIAM H. BARKER, CATTLE RANCHER AND MANAGER OF THE MONTEREY COUNTY FARM BUREAU, GLORIA BLANCO, DECEASED.
APPROVED:
(Supplementary Sheet)
CONSENT CALENDAR
Upon motion of Supervisor Potter, seconded by Supervisor Salinas, and unanimously carried, the Board approved the following actions:
HEALTH & SOCIAL SERVICES:
0125.000 9. Agreement No. A-07813: approved Agreement with California Association of Environmental Health Administrators (CAEHA) in an amount not to exceed $37,550 for inspection tracking and regulatory monitoring of environmental health programs through a PC-based data management system called Envision.
0110.000 10. Agreement No. A-07814 and Resolution No. 99-035: approved Agreement 99F-1924 in the amount of $343,728 with the California Department of Community Services and Development for 1999 Community Services Block Grant Funds.
0602.550 11. Increased appropriations and estimated revenues in Budget Unit 501 (Social Services) and Budget Unit 193 (Information Systems) by $89,000 to provide Geographical Information System (GIS) Services to the Monterey County Child Care Master Plan and the Tellus project per terms of the David and Lucille Packard Grant for this purpose.
CRIMINAL JUSTICE:
0125.000 12. Agreement No. A-07815: approved recommendation to approve the Memorandum of Understanding with the Attorney Employees Association (Unit D) effective January 2, 1999.
GENERAL GOVERNMENT:
6300.000 13. Approved Minutes of the Board Meeting to Tuesday, January 12, 1999, copies having been distributed to each Supervisor.
0600.026 14. Approved an Application and Order for Destruction of Records for the Equal Opportunity Office.
0600.500 15. Resolution No. 99-036: approved the recommendation to amend the Monterey County Personnel Policies and Practices Resolution No. 98-394 and approved salary adjustments for Deputy County Counsel classes effective January 2, 1999.
0525.000 16. Acknowledged receipt of bids for the project "Upgrade the Underground Storage Tank at the Monterey Courthouse Fueling Facility."
0110.000 17. Agreement No. A-07816: approved and authorized the Agricultural Commissioner to sign an Agreement with the California Department of Food and Agriculture, approving a High-Risk Pest Exclusion Inspection Work Plan; directed the Auditor/Controller to accept $70,719 in increased estimated revenue; appropriated $12,500 to Budget Unit 107 and $58,219 to Budget Unit 281; and approved the addition of three new positions.
4100.000 18. Resolution No. 99-037: adopted a policy for workplace 0550.400 improvements and approve the provision of additional outside lighting at the Salinas Courthouse as a workplace improvement project.
PLANNING AND BUILDING INSPECTION:
0700.000 19. Authorized the Chair to sign the following: a Conservation and Scenic Easement Deed with Procarmas Partners (PC 970024), located on Rocky Point, Big Sur Area, Coastal Zone; a Conservation and Scenic Easement Deed with Lisa Callahan (965381), located on Rocky Point, Big Sur Area, Coastal Zone; a Conservation and Scenic Easement Deed with Ronald T. & Marianne L. Dreisbach (PC 92083), located on Bluff Road, North County Area, Coastal Zone; and a Conservation and Scenic Easement Deed with R. Thomas & Linda Mae McDade (PC 93131), located on Pfeiffer Ridge Road, Big Sur Area, Coastal Zone. Staff Recommendation: Approval.
3150.000 20. Set a public hearing for February 9, 1999 at 2:45 p.m. 1351.260 to consider adoption of the Negative Declaration and a Combined Development Permit consisting of a resolution of intent to amend the Carmel Area Land Use Plan and Coastal Implementation Plan to allow specified development within environmentally sensitive wetlands and riparian areas; Coastal Development Permit to construct a second right turn lane onto northbound Highway One by widening Highway One and Carmel Valley Road; a request for a waiver of the policy prohibiting development on slopes in excess of 30%; grading; and tree removal (3). The site is located northeasterly of the corner of Highway One and Carmel Valley Road in the Carmel Area of the Coastal Zone and Carmel Valley. Staff Recommendation: Set a public hearing for February 9, 1999 at 10:00 a.m.
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried, the Board set the public hearing for Tuesday, February 9, 1999 at 2:45 p.m. The motion included directed to the Planning Department staff to have the Staff Report available at 12:00 Noon on February 2, 1999 for distribution. Direction is given that the Public Notice will state all written comments are to be turned in no later than 12:00 Noon on Friday, February 5, 1999, to be copied and distributed to the Board Members Friday afternoon.