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

MONTEREY COUNTY BOARD OF SUPERVISORS

AND THE MONTEREY COUNTY WATER RESOURCES AGENCY

TUESDAY, APRIL 20, 1999 AT 9:30 A.M.

9:30 a.m.

2050.000 S-1 Resolution Nos. 99-141 and 99-142: adopted and presented Resolutions recognizing Business Education Student Transitions of the Salinas Valley (B.E.S.T.) for their efforts in sponsoring National Job Shadow Day, and The Californian for their participation. (Pennycook)

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

9:40 a.m.

S-2 CONSENT CALENDAR - REGULAR [See Supplementary Sheet attached]

S-3 CONSENT CALENDAR - SPECIAL DISTRICTS

S-4 CONSENT CALENDAR - MONTEREY COUNTY WATER RESOURCES AGENCY

APPOINTMENTS:

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

0402.780 1. Reappointed Charmaine Cruchett and Emily Tafoya to the North Monterey County Trails Committee for terms expiring March 15, 2002. (Pennycook)

0401.622 2. Appointed Anne Sanchez to the Domestic Violence Coordinating Council as an Alternate for Bonnie Bell, for a term expiring April 20, 2003. (Pennycook)

0804.000 3. Reappointed Geraldine Barbree and Estella Ramirez for four year terms ending November 30, 2002; and appointed Margarita Moreno, replacing Noelia Lyons, for her unexpired term ending November 30, 2000; on the Board of Directors for the San Lucas Cemetery District. (Calcagno)

0401.650 4. Appointed Jorge Rifa, replacing Lee Riordan, to the Emergency Medical Care Committee, for a term expiring July 1, 2001. (Full Board)

OTHER BOARD MATTERS:

6300.000 5. Board comments and referrals: Supervisor Pennycook invited Probation Officer Duane Tanner to address the Board at this time. Mr. Tanner announced that the Monterey County Probation Department has been awarded a $1 million grant under the Juvenile and Adult Local Detention Facility Construction Grant from the State Board of Corrections to renovate the Juvenile Hall and the Youth Center.

At the request of Supervisor Pennycook, the Board approved and authorized the Chair to send a letter to John Healy, President/CEO, California Emergency Foodlink, on the need to support F.O.O.D. Crops regarding the withdrawal of California Emergency Foodlink from transporting surplus produce donations out of the tri-county area for distribution to food banks throughout California.

Supervisor Pennycook addressed the Board concerning a State-Wide Task Force of which she is a member. State Controller Kathleen O'Connell and approximately 20 commissioners have been meeting to develop a report prior to budget hearings. Supervisor Pennycook stated that she wits on the Accountability Sub-Committee, and her main focus is on the return of ERAF dollars to the counties.

At the request of Supervisor Pennycook, the Board approved and authorized the Chair to sign a letter requesting a letter of support for an increase in the National Marine Sanctuary Program Budget to $29 million in Federal Year 2000.

0600.025 6. County Administrative Officer's Comments and Reports: None.

2050.000 7. Resolution No. 99-143: adopted Resolution proclaiming April 19-30, 1999 as National Infant Immunization Weeks and the month of May 1999 as Toddler Immunization Month in Monterey County. (Pennycook)

BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried.

2050.000 8. Resolution No. 99-144: adopted Resolution declaring May 1999 as Clean Air Month in Monterey County. (Pennycook)

BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried.

SCHEDULED MATTERS

9:50 a.m.

2050.000 S-5 PUBLIC COMMENT PERIOD: Joseph Vierra addressed the Board concerning democracy and the Ralph M. Brown Act. Hans Jongens, resident of Salinas, addressed the Board concerning the continuation of a shortage of gasoline in central California, and the possible solution of transporting MTBE-free gasoline in from other states. He states that MTBE is also responsible for the deterioration of rubber hoses in cars, which causes more and more car fires.

10:00 a.m.

0601.100 S-6 a. Resolution No. 99-140: approved and authorized the Director of Health to submit application to the State Department of Health Services Community Challenge Grant Program for the second round of "POSTPONE" Project funding in the amount of $750,000 for the period July 1, 1999 through June 30, 2002.

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

0602.500 b. Resolution No. 99-159: approved and authorized Sheriff to apply for Bulletproof Vest Partnership Grant Application via the Internet to request funds to purchase one bulletproof vest per law enforcement officer per federal fiscal year ending October, 1999.

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

10:15 a.m.

S-7 Closed Session relating to the following matters:

a. Conference with Legal Counsel - Existing Litigation

Name of Case: Johnson v. County of Monterey (WC)

Orradre, et al. v. Monterey County Water Resources Agency, et al.

Texaco v. Monterey County Water Resources Agency, et al.

BOARD ACTION: Provided County Counsel with direction regarding the cases of Johnson v. County of Monterey. The cases of Orradre, et al. v. Monterey County Water Resources Agency, et al. and Texaco v. Monterey County Water Resources Agency, et al. were pulled from the Closed Session Agenda.

b. Conference with Legal Counsel - Anticipated Litigation

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

BOARD ACTION: PULLED.

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

c. Conference with Legal Counsel - Potential Litigation

The Board, pursuant to Government Code Section 54956.9(b), will discuss one matter where there is significant exposure to litigation against the County.

BOARD ACTION: Provided direction to County Counsel.

11:00 a.m.

3000.000 S-8 Public hearing to 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, located approximately 1 mile south of the intersection of Esquiline and Carmel Valley Roads and generally located between Punta del Monte and Calle de la Ventana and northerly of Maiden Hair Lane, Carmel Valley Area (File #PLN980647). Staff Recommendation: Approval.

BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Salinas, and unanimously carried, the Board adopted Resolution No. 99-162 and Ordinance No. 04009.

11:05 a.m.

3150.000 S-9 Held public hearing 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.

BOARD ACTION: Upon motion of Supervisor Salinas, seconded by Supervisor Johnsen, and unanimously carried, the Board adopted Resolution No. 99-163 and Ordinance No. 04010.

11:20 a.m.

1351.050 S-10 1) Accepted the comments submitted during the public

0601.155 review period on the Monterey County Consolidated 0150.138 Affordable Housing Plan; 2) adopted the Monterey County

Consolidated Affordable Housing Plan, as revised based on public comment and staff's response to comments; 3) approved the formation of a Housing Office within the County Administrative Office - Division of Intergovernmental Affairs (IGA); 4) directed the County Administrative Officer to prepare the recommended positions, expenditures and revenues for the Housing Office as a part of the Fiscal Year FY 1999-2000 budget process.

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

11:40 a.m.

5900.000 S-11 Held public hearing to accept Final Map, Tax Report, Improvement Security, Subdivision Improvement Agreement, Agreement for Construction of Road Improvements, Title Guarantee, and recording fee for Addington Way Subdivision (CHISPA), located off Addington Road and Fontes Lane, Boronda Area, 9 lots.

BOARD ACTION: Upon motion of Supervisor Salinas, seconded by Supervisor Johnsen, and unanimously carried, the Board continued the public hearing, open, to Tuesday, May 4, 1999 at the hour of 3:30 p.m.

ORDER FOR ADJOURNMENT

APPROVED:

____________________________________

Chair

ATTEST:

SALLY R. REED,

Clerk of the Board

By:________________________________

Deputy

(Supplementary Sheet)

CONSENT CALENDAR

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

NATIVIDAD MEDICAL CENTER:

9. PULLED approval of an amendment to the Governance Structure between Natividad Medical Center and the Board of Supervisors to clarify responsibilities regarding litigation or potential litigation by or against Natividad Medical Center.

0125.000 10. Agreement No. A-07786: approved and authorized the Chief Executive Officer, Natividad Medical Center, to sign Amendment A-2 to Contract 98-83098 for Natividad Medical Center's reimbursement under the Construction Renovation and Reimbursement Program, California Medical Assistance Commission (CMAC).

HEALTH & SOCIAL SERVICES:

0601.100 11. Resolution No. 99-158: reallocated 1.0 unfunded Public

0150.138 Health Nurse position to an unfunded Senior Public Health Nurse position and amended FY 1998-99 Health Department Budget Unit 411 to reflect the change.

0600.925 12. Resolution No. 99-160: amended Alcohol and Drug Budget

0150.138 Unit 417 to add 2.0 FTE Psychiatric Social Worker II positions that will be funded by the Department of Social Services.

0125.000 13. Agreement No. A-07875: approved and authorized the Chairperson to sign a contract with Salinas Union High School District for $48,160 for Interactive Parent Education Services in FY 1998-99.

CRIMINAL JUSTICE:

0150.138 14. Agreement No. A-07874 (Resolution No. 99-161): approved and authorized the Sheriff to sign a grant award with the Department of Boating and Waterways in the amount of $40,000 for the purchase of a law enforcement patrol boat.

GENERAL GOVERNMENT:

6300.000 15. Approved Minutes of the Board Meeting to Tuesday,

March 30, 1999, copies having been distributed to each Supervisor.

0125.000 16. Agreement No. A-07032: approved Contract Extension and Amendment with Great-West Life for 457 Deferred Compensation Plan Administration Services.

0601.350 17. Recognized $20,129 in contribution from the City of

0150.138 Soledad and appropriate that revenue for expenditure in the County Library's 1998-99 Budget for the purchase of shelving and furnishings for the new Soledad joint-use Library.

0610.350 18. Accepted $127,115 in donation funding and $125,549 in

0150.138 additional State aide for library services, recognize that funding as revenue to the Library Fund and direct the Auditor Controller to appropriate that funding for expenditure in the 1998-99 County Library Budget.

0525.000 19. Approved Specifications for annual maintenance and repair of park roadways at Laguna Seca Recreation Area and authorized solicitation of bids.

0125.000 20. Agreement No. A-04576: authorized an extension of the existing Special Event Agreement for the Laguna Seca Raceway to January 31, 2000 and authorized the Board Chair to sign the extension.

0125.000 21. Agreement No. A-07876: accepted $30,000 grant from the State Department of Education and $3,500 grant from the David and Lucile Packard Foundation for the Monterey County Child Care Planning Council; increased estimated revenue and appropriations in Human Resources, Budget Unit 125.

0125.000 22. Agreement No. A-007873: approved Professional Service Agreement with Lou Garcia for services as Interim Public Works Director.

PLANNING AND BUILDING INSPECTION DEPARTMENT:

4000.000 23. Approved the request from Julie Conway, Project Manager, Pajaro Valley Housing Corporation, to waive building permit fees for the proposed Cooperative Las Tres Palmas Community Building at the mobile home park located at 31 San Juan Road, Pajaro. Staff Recommendation: Approval.

4000.000 24. Resolution No. 99-154: adopted Resolution finding that a public convenience would be served by the issuance of an Off-Sale Beer and Wine License to Chevron Stations, Inc. at 3545 Rio Road, APN 009-562-014, Lower Carmel Valley area.

3000.000 25. Resolution No. 99-155: introduced Ordinance, waived

3150.000 reading, and set a Public Hearing for May 4, 1999 at 10:00 a.m., for approval of an extension of a Combined Development Permit, including extension of a Standard Subdivision Vesting Tentative Map and extension of a Use Permit, for Pebble Beach Company (Pajaro Commons), File No. 980561(PC), Pajaro area. Assessor's Parcel Nos. 117-341-002 and 117-331-025. Staff Recommendation: Approval.

5900.000 26. Resolution No. 99-156: adopted Resolution amending the Conservation and Scenic Easement Deed for Rancho Monterey, LLC; authorized the Chair to execute the amended agreement (File #PD980002). Staff Recommendation: Approval.

PUBLIC WORKS:

4600.000 27. Approved and authorized the Chair to sign a Quitclaim

0700.000 Deed conveying ownership of the former Fort Ord property known as York Road to the City of Monterey (Laguna Seca Area).

SPECIAL DISTRICTS:

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

0803.550 28. Resolution No. 99-157: adopted Resolution ordering the Loma Linda Annexation to the Pajaro County Sanitation District.

MONTEREY COUNTY WATER RESOURCES AGENCY:

29. PULLED approval of a Resolution of the Board of Supervisors of the Monterey County Water Resources Agency clarifying the responsibilities of the Board of Supervisors and the Board of Directors regarding litigation or potential litigation by or against the Water Resources Agency.