A C T I O N M I N U T E S

MONTEREY COUNTY BOARD OF SUPERVISORS

TUESDAY, FEBRUARY 2, 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]

S-2 CONSENT CALENDAR - SPECIAL DISTRICTS

APPOINTMENTS:
Upon motion of Supervisor Johnsen, seconded by Supervisor Calcagno, and unanimously carried, the Board approved the following appointments:

0401.500 1. Reappointed Mary Mitchell to the Commission on the Status of Women for a three year term, expiring February 1, 2002. (Johnsen)

0401.650 2. Appointed Jim Perrine, representing the Monterey County Mayors' Association, on the Emergency Medical Care Committee for a term expiring July 1, 1999. (Full Board)

0401.840 3. Appointed Carl Outsa to the Highway 68 Improvements Advisory Committee representing the Laguna Seca II Homeowners Association, to serve a term at the pleasure of the Board. (Pennycook)

0803.800 4. Reappointed Donn Trenner to the Board of Directors of the Salinas Rural Fire Protection District, for a four year term expiring March 1, 2003. (Pennycook)

0803.625 5. Reappointed Brad Bennett to the Board of Directors of the Pajaro Valley Water Management District for a two year term expiring November 30, 2000. (Calcagno)

0401.750 6. Reappointed Robert Montgomery to the Fish and Game Advisory Commission for a term expiring 2002. (Johnsen)

Upon motion of Supervisor Potter, seconded by Supervisor Salinas, and unanimously carried, the Board declared an emergency due to time constraints, and added the following to the Board's Agenda:

0401.750 NA/1 Appoint Clive R. Sanders to the Fish and Game Advisory Commission, replacing Tom Nason, for a three year term expiring February 1, 2002. (Potter)

BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Calcagno, and unanimously carried.
OTHER BOARD MATTERS:

6300.000 7. Board comments and referrals: Supervisor Pennycook reported on a briefing she attended on Monday, February 1, 1999, on the status of the new animal shelter program. The Board directed Dr. Melton, Director of Health Services, to prepare a letter to come back for approval and signature today from the Board to the SPCA updating them on Monterey County's plans for sheltering animals after the July 1, 1999 termination of their contract. The Board set a date and time of Tuesday, February 16, 1999 at 2:45 p.m. to receive a full report from Dr. Melton on Monterey County's Plan for sheltering animals, and to receive public input.

Supervisor Pennycook reported that she and CAO Sally Reed attended a Department Head's Council meeting, and heard the implementation, thoughts and concepts of the County's strategic planning. She indicated that she and the CAO also appeared as speakers at a Business Council meeting, presenting the concepts and ideas that are going forward through the County's strategic planning efforts.

Supervisor Johnsen announced that CAO Reed will be addressing the Equal Opportunity Advisory Commission at their meeting on Monday, February 8^th between 3:00 and 4:30.

Supervisor Salinas introduced Jesus Martinez, a Senior from Alisal Union High School, who is participating in the Groundhog Shadowing Program. Mr. Martinez is participating in an advanced placement course in government, and is interested politics and local government.

8. County Administrative Officer's Comments and Reports: None.

2050.000 9. Resolution No. 99-038: adopted Resolution commending Suzanne Krause as the recipient of the 1998 King City Chamber of Commerce Citizen of the Year award. (Calcagno)

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

1350.050 10. Referred request from Big Sur residents to exclude the area of the Big Sur Land Use Plan from the provisions of the "Short Term Rental" Ordinance to the Planning Commission for review and recommendation. (Potter)

BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Calcagno, and unanimously carried, the Board referred the request, and provided direction to staff.
SCHEDULED MATTERS
9:45 a.m.

2050.000 S-3 PUBLIC COMMENT PERIOD: Hans Jongens requested the Board to send a letter to the California Environmental Protection Agency (Cal/EPA) to support the removal of MTBE as an additive to gasoline, to protect California's water supplies; and offered a suggestion for noise reduction in the Board Chambers. The Chair referred the matter of a letter of support to Cal/EPA to the County Administrative Officer.

S-3, Continued:
Alma Almanza thanks the Board for their vote of confidence by nominating her from Monterey County to a State Developmental Disabilities Center Board. She was appointed by Governor Wilson in December to serve a three year term.
10:00 a.m.

1150.000 S-4 Held public hearing on the Department of Fish and Game's recommendation for a Monterey County Archery Either-Sex Deer Hunt for 1999.

BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Salinas, and carried with Supervisor Pennycook voting "No," the Board approved the Monterey County Fish and Game Advisory Committee's recommendation to hold the A-24 Monterey County Archery Either-Sex Deer Hunt in 1999.
10:45 a.m.

2800.000 S-5 Held public hearing to adopt a Negative Declaration and five ordinances to amend Titles 15 (Public Services), 18 (Buildings and Construction) and 21 (Zoning) and to add two new Chapters to Title 16 (Grading and Erosion Control) of the Monterey County Code; amend the Local Coastal Program to include amendments cited above to implement Phase I of the North Monterey County Water Issues Action Plan; and continue a Fallow Land Banking Program to Phase II of the North Monterey County Comprehensive Water Management Plan. Staff Recommendation: Adopt the Negative Declaration and Approve the Ordinances.

BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Potter, and unanimously carried, the Board directed staff to work with Grower/Shippers, Central Coast Agricultural Task Force, Agricultural Advisory Committee, Strawberry Growers Advisory Committee, and the Monterey County Farm Bureau on these issues, and referred them back to the Planning Commission for further review and public hearings.
11:15 a.m.

2800.000 S-6 Held public Hearing to adopt a Negative Declaration and two ordinances to amend Title 15 (Public Services) of the Monterey County Code and Local Coastal Program, specifically Chapter 15.04 (Domestic Water Systems) and Chapter 15.20 (Sewage Disposal), applicable County-wide.

S-7 Closed Session relating to the following matter:

0300.000 a. Conference with Legal Counsel- Claim

Name of Claimant: Rebecca Carnahan

BOARD ACTION: Claim denied.

S-7, Continued:

6200.000 b. Conference with Legal Counsel - Anticipated Litigation

The Board, pursuant to Government Code Section 54956.9 (c), will discuss whether it will initiate litigation on behalf of the County.

BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Calcagno, and unanimously carried, the Board approved the following recommendations of the Economic Development Corporation, as follows:

1. The Board considered the initiation of litigation against the borrower to collect all outstanding and due payments;

2. The Board approved the use of $55,000 of Revolving Loan Funds: a) to cure the first trust deed of approximately $30,000 to prevent foreclosure on real property held by the County as loan collateral in a loan to Sand City Ventures, Inc.; b) to pay delinquent property taxes on $3,500; and c) to cover associated foreclosure costs in an amount not to exceed $21,500; and

3. Directed the EDC to begin the County's foreclosure proceedings and notify the City of Sand of the County's intent to dispose of the property, directed the County Administrative Officer to take appropriate steps to preserve the County's interests, and to discuss possible solutions that will prevent loss of the County's outstanding balance.
2:45 p.m.

2800.000 S-8 Held public hearing to adopt a Negative Declaration and an Ordinance to amend Title 19 (Subdivisions) of the Monterey County Code and Local Coastal Program to implement Phase I of the North Monterey County Water Issues Action Plan. Staff Recommendation: Adopt the Negative Declaration and Approve the Ordinance.

BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Calcagno, and unanimously carried, the Board directed County Counsel to craft an Ordinance to incorporate the Board members' concerns regarding Exhibit D, Amendments to Title 19, Subdivisions, specifically prohibiting the transfer of water credits county-wide.

The Board directed Sally Reed, County Administrative Officer, to work with the Planning Department staff to ensure the quality of the staff reports going forward to the Board, and to make sure they are consistent.
ORDER FOR ADJOURNMENT IN MEMORY OF RETIRED LIEUTENANT GENERAL JAMES E. MOORE, JR., FORMER COMMANDER OF FORT ORD, DECEASED.

APPROVED:

____________________________________

Chair

ATTEST:

SALLY R. REED,

CLERK OF THE BOARD

By:_______________________________

Deputy

(Supplementary Sheet)

CONSENT CALENDAR

Upon motion of Supervisor Salinas, seconded by Supervisor Potter, and unanimously carried, the Board approved the following actions:
NATIVIDAD MEDICAL CENTER:

0525.000 11. Authorized the CEO to record a Notice of Completion for the Natividad Medical Center Modernization Project and authorized the Auditor to release all securities held in lieu of retention except for $47,000 which shall be subsequently released upon further authorization of the Board.

HEALTH & SOCIAL SERVICES:

0601.100 12. Resolution No. 99-039: proclaimed state of local emergency relating to the spread of HIV among injection drug users in Monterey County.

0110.000 13. Agreement No. A-07817: approved Agreement with the State Department of Health Services in the amount of $37,400 for the Safety Power/Pedestrian Safety Program for services from October 1, 1998 through June 30, 1999.

0125.000 14. Agreement No. A-07818: approved an Agreement with Shelter Outreach Plus in the amount of $30,000 for provision of information and referral services for the Comprehensive Perinatal Services Program, Public Health Projects Budget Unit 412, for the period July 1, 1998 through June 30, 1999.

CRIMINAL JUSTICE:

0602.500 15. Approved an Application and Order for Destruction of Records for the Sheriff's Department.

0602.500 16. Approved and authorized the Sheriff to accept a donation of $3,500 from Sheriff's Advisory Council towards the purchase of a Voice Stress Analyzer, and increased appropriations and revenues in Sheriff's Budget Unit 230

GENERAL GOVERNMENT:

6300.000 17. Approved Minutes of the Board Meeting to Tuesday, January 19, 1999, copies having been distributed to each Supervisor.

0602.150 18. Resolution No. 99-040: approved transfer of one

0600.500 Principal Employee Relations Representative position from 0150.138 Human Resources Budget to County Counsel's Budget; and amended budget to reflect change.

0900.000 19. Received a fiscal status report and updated progress on the Plan of Action and Milestones (POA&M) to expedite the approval and reimbursement of FEMA and State Office of Emergency Services Disaster related payments to the County from the winter storm disaster of February, 1998 (DR-1203-CA).

0525.000 20. Approved the Plans and Specifications for storm damage repair at Laguna Seca Recreation Area and authorized solicitation of bids.

4200.200 21. Declared certain County property as surplus and authorized Purchasing Agent to dispose of surplus property.

0125.000 22. Agreement No. A-06765: approved and authorized the Purchasing Manager to sign Amendment No. 1 to Lease Agreement No. A-06765 with Quadrangle Management for office space at the Quadrangle for use by the Second District Supervisor, to extend the present lease through January 2, 2003 with no increase in rent.

0125.000 23. Agreement No. A-06562: approved and authorized the Purchasing Manager to sign Lease Amendment No. 2 to Real Estate Lease Agreement No. A-06562 for the Soledad Branch Library for the period September 1, 1998 through August 31, 1999 with an increase in rent from $1,150 to $1,250 per month.

0125.000 24. Agreement No. A-07819: approved Agreement with Branch's Janitorial, Marina, CA., for $29,400 to provide custodial services in designated South County facilities; authorized the Purchasing Manager to sign the Agreement and issue a purchase order.

SPECIAL DISTRICTS:
Upon motion of Supervisor Johnsen, seconded by Supervisor Calcagno, and unanimously carried, the Board approved the following action:

0650.050 25. Increased estimated revenue and appropriations totaling $61,700 within Fund 150 for drainage and flood control services in CSA 50 (County Service Area No. 50 - Lower Carmel River).