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

MONTEREY COUNTY BOARD OF SUPERVISORS

TUESDAY, APRIL 27, 1999 AT 9:30 A.M.

9:30 a.m.

2050.000 S-1 Resolution No. 99-151: adopted and presented a Resolution recognizing Carol Kurtz, Chief Executive Officer of the Salinas Valley Chamber of Commerce on the occasion of her 10th Anniversary with the Chamber, and in appreciation of her years of commitment to Monterey County. (Pennycook)

BOARD ACTION: Upon motion of Supervisor Salinas, seconded by Supervisor Calcagno, and carried by those members present with Supervisors Johnsen and Potter absent.

2050.000 S-2 Resolution No. 99-152: adopted and presented a Resolution designating the week of April 25 through May 1, 1999 as National Crime Victims' Week in Monterey County. (Pennycook)

BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Salinas, and carried by those members present with Supervisors Johnsen and Potter absent.

9:40 a.m.

S-3 CONSENT CALENDAR - REGULAR [See Supplementary Sheet attached]

OTHER BOARD MATTERS:

6300.000 1. Board comments and referrals: Supervisor Pennycook apprises the Board on her participation in the State Controller's Statewide Task Force on accountability and other topics. The State Controller will release a recommendation based on the Task Force's findings prior to statewide budget hearings. She has requested Chief Assistant Administrative Officer Jeff Campen to accompany her to the next conference on May 10th so that Monterey County's policy concerns as well as fiscal concerns are more fully represented. Supervisor Pennycook announced that she will be attending a meeting to be held on Thursday, April 29th in Fresno regarding the Highway 101 Bypass Project.

0600.025 2. County Administrative Officer's Comments and Reports: Sally R. Reed, County Administrative Officer, presented the Board with an oral update on the Monterey County Water Resources Agency's Basin Management Plan. The oral report is hereby received.

2050.000 3. Resolution No. 99-153: adopted Resolution honoring Salinas Police Chief Dan Nelson upon his retirement from public service. (Pennycook)

BOARD ACTION: Upon motion of Supervisor Salinas, seconded by Supervisor Calcagno, and carried by those members present with Supervisors Johnsen and Potter absent.

SCHEDULED MATTERS

9:50 a.m.

2050.000 S-4 PUBLIC COMMENT PERIOD: C. B. Maxwell addressed the Board on behalf of Christine Bettencourt concerning the hazards of burning vegetation and unexploded ordnance at Ft. Ord; Bob Dixon addressed the Board concerning the use of acronyms in the Board's Minutes; and Hans Jongens, resident of Salinas, expressed his opinion regarding the unexploded ordnance at Ft. Ord.

10:00 a.m.

2800.000 S-5 Held public hearing to adopt an Ordinance amending Title 15 of the Monterey County Code prohibiting and/or regulating the drilling of new water wells in the area of the County located on the former Fort Ord Military Base, adding an indemnification provision for special groundwater protection zone areas.

BOARD ACTION: Upon motion of Supervisor Salinas, seconded by Supervisor Calcagno, and carried by those members present with Supervisors Johnsen and Potter absent, the Board adopted Ordinance No. 04011.

10:05 a.m.

0602.500 S-6 a. Resolution No. 99-165: approved and authorized the Sheriff to sign grant application with the Office of Community Oriented Policing Services (COPS), U. S. Department of Justice, for School-Based Partnerships '99 in the amount of $46,827.96 for Fiscal Year 1999-2000.

BOARD ACTION: Upon motion of Supervisor Salinas, seconded by Supervisor Calcagno, and carried by those members present with Supervisors Johnsen and Potter absent.

4600.000 b. Approved four grant applications to be submitted to the Monterey Bay Unified Air Pollution Control District (MBUAPCD) for Vehicle Registration Surcharge Fees (AB2766) in the amount of $442,000.

BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Salinas, and carried by those members present with Supervisors Johnsen and Potter absent.

10:15 a.m.

S-7 Closed Session relating to the following matters:

6200.000 a. Conference with Legal Counsel - Existing Litigation

Name of Case: FDIC v. County of Monterey, et al.

BOARD ACTION: Authorized County Counsel to settle Monterey County's portion of the case of FDIC v. County of Monterey, et al. The Settlement Agreement is available for public review in the Office of the Clerk to the Board.

6200.000 b. Conference with Legal Counsel-Anticipated Litigation

Liability Claim: Schick, Evelyn

BOARD ACTION: No Action Taken.

0950.000 c. Conference with Labor Relations Negotiators for Units J and F. Labor Negotiator: Renée Mayne.

BOARD ACTION: Provided staff with instructions.

Upon motion of Supervisor Salinas, seconded by Supervisor Calcagno, and carried by those members present with Supervisors Johnsen and Potter absent, the Board declared an emergency due to time constraints, and added the following to the Board's Closed Session Agenda:

6200.000 d. Conference with Legal Counsel - Existing Litigation

Name of Case: Hell's Angels Motorcycle Corp. v. City of Oakland, et al.

Rohrback, Margaret et al. v. City of Oakland, et al.

BOARD ACTION: Authorized retention of the law firm of Erickson, Beasley, Hewitt and Wilson, Attorneys at Law, to represent Monterey County in these two cases.

2:45 p.m.

2800.000 S-8 a. Public hearing to adopt an Ordinance amending Monterey County Code, Title 12, Section 12.28.010 relating to Traffic, establishing "No Parking At Any Time" on a portion of Rio Vista Drive, Carmel Valley Area. (To be continued to Tuesday, May 4, 1999 at 11:35 a.m.)

BOARD ACTION: Hearing continued to Tuesday, May 4, 1999 at 11:35 a.m.

2800.000 b. Public hearing to adopt an Ordinance amending Monterey County Code, Title 12, Section 12.24.020 relating to Traffic, establishing a stop intersection at the intersection of Cross Road and Reese Circle in Prunedale. (To be continued to Tuesday, May 4, 1999 at 11:35 a.m.)

BOARD ACTION: Hearing continued to Tuesday, May 4, 1999 at 11:35 a.m.

ORDER FOR ADJOURNMENT

APPROVED:

____________________________________

Chair

ATTEST:

SALLY R. REED,

CLERK OF THE BOARD

By:_______________________________

Deputy

(Supplementary Sheet)

CONSENT CALENDAR

Upon motion of Supervisor Salinas, seconded by Supervisor Calcagno, and carried by those members present with Supervisors Johnsen and Potter absent, the Board approved the following actions:

HEALTH & SOCIAL SERVICES:

0601.100 4. Resolution No. 99-164: reallocated 1.0 vacant CSA III position to a Social Worker III position and amend FY 1998-99 Health Department Budget Unit 412 to reflect the change.

GENERAL GOVERNMENT:

6300.000 5. Approved Minutes of the Board Meeting to Tuesday, April 13, 1999, copies having been distributed to each Supervisor.

4200.500 6. Approved expenditure of $629,995 of Proposition 70 Agricultural Easement funds to acquire an agricultural easement on a portion of the Harrington Ranch, located west of Davis Road and south of State Highway 183.

BOARD ACTION: Upon motion of Supervisor Salinas, seconded by Supervisor Calcagno, and unanimously carried by those members present with Supervisors Johnsen and Potter absent.

0525.000 7. Acknowledged receipt of bids for the project, "Upgrade the Underground Storage Tank at the Monterey Courthouse Fueling Facility."

0525.000 8. Approved Change Order No. 1 in the amount of $2,893.12 with Granite Construction Company for Campsite Paving at Lake San Antonio, South Shore, Bid No. 9271, awarded April 13, 1999.

BOARD ACTION: Upon motion of Supervisor Salinas, seconded by Supervisor Calcagno, and unanimously carried by those members present with Supervisors Johnsen and Potter absent.

0110.000 9. Agreement No. A-07877: approved Renewal Agreement with California Department of Motor Vehicles (DMV), authorizing access to DMV driver's license information on job applicants for peace officer positions; and authorized the Director of Parks to sign the Agreement.

0602.750 10. Accepted Treasurer's Report of investments for the quarter ending March 31, 1999.

PUBLIC WORKS:

4600.000 11. Approved the 1999 update of the Monterey County General Bikeways Plan.

4600.000 12. Set a public hearing on May 18, 1999, at 10:15 a.m. to consider the abandonment of a portion of Old Stage Road, Gabilan Area.