A C T I O N M I N U T E S
MONTEREY COUNTY BOARD OF SUPERVISORS
TUESDAY, MARCH 30, 1999 AT 9:30 A.M.
Lunch Break from 12:00 Noon to 1:45 p.m.
9:30 a.m.
0602.500 S-1 Resolution No. 99-129: adopted and presented a Resolution to Frederick L. Schwoerke, Deputy Sheriff, upon his retirement after 26 years of dedicated public service. (Full Board)
BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Johnsen, and unanimously carried.
2050.000 S-2 Resolution No. 99-130: adopted and presented a Resolution in honor of the Castroville Artichoke Festival on the occasion of their 40th year. (Calcagno)
BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Johnsen, and unanimously carried.
2050.000 S-3 Resolution No. 99-122: adopted and presented a Resolution recognizing the Month of April, 1999 as Child Abuse Prevention Month in Monterey County. (Pennycook)
BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor Salinas, and unanimously carried.
9:45 a.m.
S-4 CONSENT CALENDAR - REGULAR [See Supplementary Sheet attached]
APPOINTMENTS:
Upon motion of Supervisor Potter, seconded by Supervisor Calcagno, and unanimously carried, the Board approved the following appointments:
0804.250 1. Reappointed Erma Franscioni to the Board of Directors of the Soledad Cemetery District for a four-year term expiring February 1, 2003. (Calcagno)
0402.790 2. Appointed Ed Duran to the Special Ad-Hoc North County Water Issues Advisory Committee, replacing Louis Calcagno, for a term expiring November 4, 1999. (Calcagno)
Upon motion of Supervisor Johnsen, seconded by Supervisor Calcagno, and unanimously carried, the Board declared an emergency due to time constraints, and added the following to the Board's Agenda:
0403.425 NA/1 Appointed Craig L. Wiley, replacing Louis Calcagno, to the Social Services Commission for a term ending July 1, 1999. (Calcagno)
BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Calcagno, and unanimously carried.
0401.955 NA/2 Appoint Denika S. Dallimore to fill vacancy on the Housing Advisory Committee for term ending March 30, 2001. (Pennycook)
BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Calcagno, and unanimously carried.
OTHER BOARD MATTERS:
6300.000 3. Board comments and referrals: At the request of Supervisor Johnsen, the Board referred the matter of rising gas prices to the Board's Budget Committee and to appropriate staff to evaluate the issue of the price hikes on gasoline, its impacts on the County's Budget, and on the tourism industry. At the request of Supervisor Pennycook, the Board approved and authorized the Chair to sign three letters to Senator Boxer, Feinstein and Congressman Farr requesting assistance addressing the flooding problems along the Pajaro River.
0600.025 4. County Administrative Officer's Comments and Reports: Sally R. Reed, County Administrative Officer, advised the Board that yesterday a Leadership Team Meeting was held with County managers. The results of the meeting were remarkable. Time was spent getting all of our managers' perspective in the County, and the kinds of things that needed to be done to become excellent. One of the most rewarding things was to see managers from a variety of disciplines getting to know one another, learning common problems, and establishing communications. It is intended to continue these Leadership Team Meetings to assist in moving the County in the direction the Board wants it to go.
2050.000 5. Resolution No. 99-131: adopted Resolution proclaiming the Month of April 1999 as "Earthquake Preparedness Month in Monterey County," and directing the Office of Emergency Services to inform the public of earthquake related hazards and of appropriate protective measures to mitigate these hazards. (Full Board)
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Salinas, and unanimously carried.
2050.000 6. Resolution No. 99-132: adopted Resolution honoring Malvina Torres for her outstanding service and continuous involvement in the community. (Salinas)
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Salinas, and unanimously carried.
2050.000 7. Resolution No. 99-133: adopted Resolution proclaiming April 9, 1999 as POW Recognition Day in Monterey County. (Johnsen)
BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor Calcagno, and unanimously carried.
SCHEDULED MATTERS
9:55 a.m.
2050.000 S-6 PUBLIC COMMENT PERIOD: Christine Bettencourt addressed the Board concerning the hazards of burning vegetation and unexploded ordnance at Ft. Ord. Carl Cieslikowski, President of the Monterey County Probation Association, commented on the disparity between the wages and benefits between a Monterey County Deputy Sheriff and a Monterey County Probation Officer. Hans Jongens reported that Governor Davis has approved removal of the gasoline additive MTBE, but unfortunately has given the oil industry two years in which to phase it out. He urges the Board to make an issue of this and request the MTBE removal immediately. Alice Doer questioned the policies and practices employed for the Family Support Division of the District Attorney's Office. The Board referred this matter to County Administrative staff for appropriate action.
10:00 a.m.
0601.175 S-7 Held a Tax Equity and Financial Responsibility Act (TEFRA) public hearing on the issuance by the Monterey County Industrial Development Authority (IDA) of Industrial Development Bonds in an amount not to exceed $5 million aggregate principal for Valley Packing Services and adopt a Resolution approving the proposed issuance of the bonds pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended.
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Salinas, and unanimously carried, the Board adopted Resolution No. 99-137, approving the proposed issuance of the bonds as recommended by Staff.
10:05 a.m.
4300.000 S-8 Affirmed Board policy that 10% of County of Monterey's Proposition 172 funds are to be used to offset cities and fire districts emergency dispatch costs.
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried.
10:10 a.m.
0125.000 S-9 a. Agreement No. A-07867: authorized the Director of Health to enter into an Agreement with the City of Marina for the use of the vacant Animal Shelter at the former Fort Ord to house County's temporary Animal Shelter Program, subject to the condition that the Agreement is approved by Monterey County Counsel and the City of Marina.
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried.
0525.000 b. Declared an emergency effective March 30, 1999; waived formal bidding requirements; direct the Facilities & Construction Manager to negotiate a contract to restore the existing Animal Shelter on the former Fort Ord; and transfer $299,000 within Budget Unit 171 - Plant Acquisition to fund project costs.
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried.
10:25 a.m.
2800.000 S-10 Approve the County Administrative Office recommendation to reject request by the SEIU Local 817 Home Care Coalition to establish a Public Authority for the In-Home Support Services (IHSS) program.
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and carried with Supervisor Pennycook voting "No," the Board directed Staff to return with an Ordinance based on A-1 to be introduced and set for public hearing establishing a Public Authority with a 15% showing of interest, with a start-up date of July 1, 1999. Supervisor Potter seconds the motion, and it carries by the following vote, to-wit:
AYES: Supervisors Salinas, Calcagno, Johnsen and Potter.
NOES: Supervisor Pennycook.
ABSENT: None.
Upon motion of Supervisor Johnsen, seconded by Supervisor Salinas, and unanimously carried, the Board approves that the support position on AB 16 (Honda) be carried by the CSAC Official on this Board to Sacramento and to their Legislative Conference next week with a direction to actively construct a path to successfully implement AB 16.
1:45 p.m.
S-11 Closed Session relating to the following matters:
6200.000 a. Conference with Legal Counsel - Existing Litigation
Name of Case: Odello Brothers, et al. v. County of Monterey, et al.
Sierra Club, et al. (Allen) v. County of Monterey, et al.
Lewis Road Citizens Action Committee v. County of Monterey
BOARD ACTION: Provided instruction to staff regarding the case of Odello Brothers, et al. v. County of Monterey, et al. (Supervisor Calcagno abstained) Provided instructions to staff regarding the case of Sierra Club, et al. (Allen) v. County of Monterey, et al. Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and carried with Supervisors Pennycook and Calcagno voting "No," the Board authorized County Counsel to file an appeal regarding the case of Lewis Road Citizens Action Committee v. Solid Waste Authority.
2:45 p.m.
3150.000 S-12 Continued public hearing (closed) for a Combined Development Permit for the consisting of a Use Permit for a community center facility; a Use Permit for development in the Carmel Valley Floodplain; an Administrative Permit for site development; a Design Approval for a two-story, 29,424 sq. ft. community center on 5+ acres located at the eastern terminus of Rio Road, east of Val Verde Drive. Applicant: Carmel Presbyterian Church; File No. 965481; APN 015-021-004-000; Lower Carmel Valley. (Appeal filed by Alex Sabbeth) Staff recommendation: Adopt Negative Declaration and approve Combined Development Permit. (Continued from 2/23/99)
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Salinas, and carried with Supervisor Potter voting "No," the Board adopted Resolution No. 99-135, thereby approving the project, including the adoption of the Negative Declaration prepared for the project and approving Combined Development Permit 965481, based on the Findings, Evidence and recommended Conditions of Approval. The motion includes direction to staff to bring the area-wide traffic issues in a future policy discussion involving Carmel Valley Master Plan Policy 39.1.6 dealing with Hatton Canyon Freeway construction within 60 to 90 days..
3:45 p.m.
0550.550 S-13 Discussed single point access plan for the North Wing of the Salinas Courthouse.
BOARD ACTION: Directed staff to bring a revised plan back to the Board at a future date.
ORDER FOR ADJOURNMENT TO TUESDAY, APRIL 13, 1999 AT 9:30 A.M.
APPROVED:
____________________________________
Chair
ATTEST:
SALLY R. REED,
CLERK OF THE BOARD
By:________________________________
Deputy
CONSENT CALENDAR
Upon motion of Supervisor Johnsen, seconded by Supervisor Salinas, and unanimously carried, the Board approved the following actions:
HEALTH & SOCIAL SERVICES:
0125.000 8. Agreement No. A-07863: approved and authorized the Director of the Department of Social Services to contract with Hartnell Community College to provide Family Day Care Training to 30 students; increased appropriations and estimated revenues by $24,000 in the Social Services Budget Unit 501.
GENERAL GOVERNMENT:
6300.000 9. Approved Minutes of the Board Meeting to Tuesday, March 16, 1999, copies having been distributed to each Supervisor.
0125.000 10. Agreement No. A-07865: approved a Community Development Block Grant Subrecipient Agreement with Interim, Inc. for land acquisition for a transitional care facility in Salinas.
0601.160 11. Resolution No. 99-134: approved the reallocation of one position in Telecommunications, Budget Unit 151.
0125.000 12. Agreement No. A-07866: approved and authorized the Chair to sign the Memorandum of Understanding between The Regents of the University of California and the County of Monterey to provide a basis for the establishment and maintenance of Cooperative Extension in Monterey County.
PLANNING AND BUILDING INSPECTION DEPARTMENT:
3000.000 13. Resolution No. 99-136: introduced Ordinance, waived
3150.000 reading, and set a public hearing for April 13, 1999 at 10:00 a.m. for (1) Adoption of a Negative Declaration; (2) Adoption of Findings and Evidence for a Combined Development Permit, (3) Adoption of a Zoning Reclassification to "LDR/B-6-D" (Low Density Residential), "MDR/B-6-D" (Medium Density Residential), and "O-D" (Open Space), and (4) Approval of a Combined Development Permit, including a 66-lot Standard Subdivision, for LPR Associates (Las Palmas Ranch), File 980420(PC); Las Palmas Ranch area. Staff Recommendation: Approval.
4000.000 14. Approved request from the Carmel Highlands Fire Protection District for a waiver of development permits for the demolition and reconstruction/expansion of the Carmel Highlands Fire Station (Planning File No. 980684), located on 75 Fern Canyon Road in the Carmel Highlands Area, Coastal Zone.
3000.000 15. Set a public hearing for April 20, 1999 at 11:00 a.m. to introduce Ordinances, waive their reading and adopt a Zoning Reclassification to change the zoning designation of the subject property from "VO-D-S" (Visitor Serving/Professional Office-Design Control-Site Control) to "VO-HR-D-S" (Visitor Serving/Professional Office-Historic Resources-Design Control-Site Control), for Robles Del Rio Lodge (PLN980647), Carmel Valley area.
PUBLIC WORKS:
2800.000 16. Approved the Bi-Monthly Traffic Report recommending a stop intersection at the intersection of Cross Road and Reese Circle; and introduced, waived the reading, and set April 27, 1999, at 2:45 p.m., for a public hearing to adopt an Ordinance amending Monterey County Code, Title 12, Section 12.24.020, in Prunedale.
2800.000 17. Approved the Bi-Monthly Traffic Report recommending "No Parking At Any Time" on a portion of Rio Vista Drive; and introduced, waived the reading, and set April 27, 1999 at 2:45 p.m. for a public hearing to adopt an Ordinance amending Monterey County Code, Title 12, Section 12.28.010, Carmel Valley area.
4600.000 18. Adopted Resolution in support of the request from the Castroville Artichoke Festival Committee for the closure of Merritt Street on May 15th and 16th from 9:00 a.m. to 6:00 p.m. to allow for a cruising gala and parade.