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, JUNE 22, 1999 AT 9:30 A.M.

9:30 a.m.

2050.000 S-1 Received presentation of "Art in Public Buildings" Display by the Monterey County Cultural Council. (Full Board)

BOARD ACTION: Presentation received.

2050.000 S-2 Resolution No. 99-242: adopted and presented a Resolution proclaiming First Night Monterey as the Official Millennium Celebration for Monterey County. (Potter)

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

9:40 a.m.

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

S-4 CONSENT CALENDAR - SPECIAL DISTRICTS

APPOINTMENTS:

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

1550.000 NA/1 Appointed Alan Styles representing District No. 1, replacing Robert Nunez, for a term expiring April 1, 2001; and Timothy Escamilla representing District No. 3, replacing Vic Redula, for a term expiring April 1, 2003; to the Housing Authority of Monterey County. (Salinas, Calcagno)

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

OTHER BOARD MATTERS:

6300.000 1. Board comments and referrals: Upon the recommendation of Supervisor Johnsen, the Board directed the Legislative Coordinator to draft a letter for the Chair's signature to Senator Burton, Chair of the State Senate Rules Committee endorsing the nomination of Rusty Areias as Director of Parks and Recreation.

Supervisor Potter expressed his appreciation for the many kind expressions of sympathy over the death of his father-in-law, Dr. William H. Tyler. He also expressed his thanks to Supervisor Pennycook for standing in at the rail event. Supervisor Pennycook publicly thanked Supervisor Potter for all the work he has done on behalf of the Rail Program, and briefly summarized her experience riding aboard the Talgo Train.

Continued:

1. Continued:

Chair Pennycook reminded colleagues, County staff, media and members of the audience that at the Board Meeting of Tuesday, July 13, 1999, in recognition of the California Rodeo in Salinas, a Big Week celebration will be held, including a "Dress Western Contest."

Upon the recommendation of Supervisor Pennycook, the Board referred a Sewage Disposal Ordinance amendment to the County Administrative Officer for review and recommendation.

Upon the recommendation of Supervisor Pennycook, the Board referred a letter from the Monterey County Child Care Planning Council requesting that membership of the Children and Families First Commission be expanded from 7 to 9 members to the County Administrative Officer for review and recommendation.

Supervisor Pennycook distributed a letter from the Chair of the Board from the County of Santa Cruz stating their appreciation for Monterey County's correspondence regarding the Educational Revenue Augmentation Fund (ERAF). She reported that on Monday, June 21^st she attended the State Municipal Advisory Reform Team (SMART) Task Force meeting in which the State Budget was discussed, as well as the future direction for pursuing adequate levels of state funding for local government operations.

0600.025 2. County Administrative Officer's Comments and Reports: Sally R. Reed, County Administrative Officer, reported on letters regarding County Service Area (CSA) No. 74, and whether the ballot measure to replace the current benefit assessment in CSA #74 with a special tax of the same amount will be on the November or March ballot. Ms. Reed states that this matter will be placed on the Board's Agenda on Tuesday, June 29, 1999, recommending that the ballot measure be placed before the voters on the March 7, 2000.

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

2050.000 NA/2 Resolution No. 99-254: adopted a Resolution recognizing F.O.O.D. Crops for their outstanding work and honoring Mary Hansen as Outstanding Agricultural Woman of the Year for 1999 in Monterey County.

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

SCHEDULED MATTERS

9:50 a.m.

2050.000 S-5 PUBLIC COMMENT PERIOD: C. B. Maxwell addressed the Board concerning the health hazards of burning vegetation and unexploded ordnance at Ft. Ord. He urged the Board to put measures into place to direct the Monterey County Health Department to work with the hospitals in the region to create testing protocols that will highlight and identify the offending chemicals, to allow for proper diagnosis and treatment of citizens harmed by these fires. The Board referred Mr. Maxwell's comments, along with a letter addressed to Ms. Linda G. Millerick from George W. Morgan, Director of Safety, Ammunition, Fire Protection and Environment, U. S. Department of the Army, to Walter Wong, Director of Environmental Health, for evaluation and appropriate action.

10:00 a.m.

0150.138 S-6 a. Adopted the 1998-99 Final Budget with amendments through June 22, 1999 as the Proposed Budget for Fiscal Year 1999-2000 and receive the 1999-2000 Appropriation Limits pursuant to Article XIIIB of the California Constitution.

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

0601.525 b. Approved a repayment plan by Natividad Medical

0150.138 Center (NMC) for the $14 million Modernization Project loan from the Capital Improvement Fund in the amount of $129,484.66 per month over 12 years beginning July 1, 2000.

BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Calcagno, and unanimously carried, the Board approved a repayment plan by the Natividad Medical Center (NMC) for the $14 million Modernization Project loan from the Capital Improvement Fund over an eight year period. The Chief Executive Officer is directed to report back to the Board on a regular basis with descriptions of the policies and the viability of the programs currently in place at the County hospital, and how those affect NMC's ability to make these kinds of repayments.

10:15 a.m.

0602.550 S-7 Accepted the 1998-1999 Monterey County CalWORKs Progress Report.

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

11:00 a.m.

0602.550 S-8 Held public hearing on 2000-2001 Monterey County Community Action Plan; approved 2000-2001 Community Action Plan; authorized Chair to sign.

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

11:45 a.m.

Recessed to the Sixth Annual Recognition Luncheon honoring the 1999 Agricultural Woman of the Year, to be held at the Corral de Tierra Country Club, 81 Corral de Tierra Road, Salinas.

1:45 p.m.

S-9 Closed Session relating to the following matters:

6200.000 a. Conference with Legal Counsel - Existing Litigation

Name of Case: Hoffman/Jacobs v. Meacham, et al.

BOARD ACTION: Retained Vince Hurley as Counsel.

6200.000 b. Conference with Legal Counsel-Anticipated Litigation

The Board, pursuant to Government Code Section 54956.9(c), will discuss one (1) matter and whether the Board will initiate litigation on behalf of the County.

BOARD ACTION: Provided instructions to Counsel.

0950.000 c. Public Employee Performance Evaluation:

Position: County Administrative Officer

County Counsel

General Manager, Monterey County Water Resources Agency

Chief Executive Officer, Natividad Medical Center

BOARD ACTION: Provided instructions to Counsel.

1225.000 d. Conference with Real Property Negotiators regarding Fort Ord.

BOARD ACTION: No action taken.

2:45 p.m.

4600.000 S-10 a. Accepted staff report recommending waiver of community signing criteria to recognize Royal Oaks as a community.

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

2800.000 b. Held 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 Moro Road, Prunedale Area.

BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Salinas, and unanimously carried, the Board adopted Ordinance No. 04018.

4600.000 c. Authorized the transfer of the Abandoned Vehicle

0602.500 Abatement (AVA) functions from the Public Works

0150.138 Department to the Sheriff's Department effective July 1, 1999.

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

3:00 p.m.

2800.000 S-11 a. Held public hearing to adopt an Ordinance for the Carmel Valley Sanitation District, Zone 1, for the establishment of a monthly billing system for wastewater services and to raise service charge rates.

BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried, the Board continued this public hearing, closed, to Tuesday, June 29, 1999 at 9:30 a.m.

2800.000 b. Held public hearing to adopt an Ordinance for the Pajaro County Sanitation District for the establishment of a monthly billing system for wastewater services and for raising the service charge rates.

BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Calcagno, and unanimously carried, the Board adopted Ordinance No. 04019.

The motion included direction to staff to establish an Advisory Committee for one year consisting of 5 members (2 Board Members from the Pajaro Sunny Mesa Community Services District, 1 General Manager, and 2 members to represent the area outside the Pajaro Sunny Mesa Community Services District. In addition, an audit shall be performed for the last three years in terms of overhead and indirect costs.

0650.000 c. Resolution No. 99-257: adoption of Resolution

1100.000 amending County Master Fee Resolution by revising fees for County Service Areas under a Chapter of the Monterey County Code.

BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Pennycook, and unanimously carried, the Board adopted Resolution No. 99-257.

2800.000 d. Held public hearing to adopt an Ordinance for County Service Area No. 10 - Laguna Seca, for the establishment of a monthly billing system for wastewater services.

BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Salinas, and unanimously carried, the Board adopted Ordinance No. 04020.

The motion included direction to staff to establish an Advisory Committee for one year consisting of 5 members representing CSA No. 10. In addition, an audit shall be performed for the last 3 years in terms of overhead and indirect costs.

2800.000 e. Held public hearing to adopt an Ordinance for County Service Area No. 69 - Ralph Lane, Prunedale Area for the establishment of a monthly billing system for water services.

BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Pennycook, and unanimously carried, the Board adopted Ordinance No. 04021.

The motion included direction to staff to establish an Advisory Committee for one year consisting of 5 members to represent CSA No. 69. In addition, an audit shall be performed for the last 3 years in terms of overhead and indirect costs.

2800.000 f. Held public hearing to adopt an Ordinance for County Service Area No. 72 - Las Palmas, for the establishment of a monthly billing system for wastewater services.

BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Pennycook, and unanimously carried, the Board adopted Ordinance No. 04022.

The motion included direction to staff to establish an Advisory Committee for one year consisting of 5 members to represent CSA No. 72. In addition, an audit shall be performed for the last 3 years in terms of overhead and indirect costs.

The motion also included direction to the Public Works Director to conduct a meeting with Las Palmas residents to alleviate confusion over the new billing system.

ORDER FOR ADJOURNMENT IN MEMORY OF DR. WILLIAM H. TYLER, DECEASED.

(Supplementary Sheet)

CONSENT CALENDAR

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

HEALTH AND SOCIAL SERVICES:

0601.100 3. Resolution No. 99-255: proclaimed state of local emergency relating to the spread of HIV among injection drug users in Monterey County.

0125.000 4. Agreement No. A-07924: approved Behavioral Health Services Agreement with Harbor Hills, for the provision of inpatient services.

0125.000 5. Agreement No. A-07925: approved Behavioral Health Services Agreement with Community Human Services for the provision of an Adolescent Mental Health and Substance Abuse Treatment Program.

0601.100 6. Approved the budget transfer of $35,000 in appropriations

0150.138 from Account 6469, Other Professional and Special Services, to Account 6851, Leasehold Improvements, in the Behavioral Health Budget Unit 415 for tenant improvements at the Quadrangle for Mental Health Staff.

0602.550 7. Approved and submitted to the California Department of Social Services three-year plans for the Family Preservation and Support Program (FPSP) FFY 2000-2002, and the Child Abuse Prevention, Intervention, and Treatment (CAPIT) Program and Community-Based Family Resources Program Services FY 1999/00 - FY 2001/02.

0525.000 8. Waived minor technical irregularity in the Bid and awarded Contract to William A. Thayer Construction for the project, "Improve the Offices of the Seaside Social Services Department."

0125.000 9. Agreement No. A-07769: approved Amendment No. 1 to Contract with Mission Trails Regional Occupational Program; authorized the Chair to sign the Amendment with Mission Trails Regional Occupational Program; increased encumbrances by $16,290 for a maximum liability of $63,540.

CRIMINAL JUSTICE:

0600.600 10. Increased appropriations and Intrafund Transfer in

0150.138 District Attorney Budget Unit 224 by $70,454, and approved purchase of four replacement vehicles.

0125.000 11. Agreement No. A-07927: approved and authorized the Sheriff to sign Professional Services Agreement with Honeywell, Inc. for maintenance services at the Corrections Bureau, Budget Unit 251, FY 1999-2000.

0125.000 12. Agreement No. A-07928: approved and authorized the Sheriff to sign Professional Services Agreement with Identix, Inc., for maintenance and support services for Live Scan Fingerprint Machines at the Sheriff's Department, Budget Unit 230, FY 1999-2000.

0125.000 13. Agreement No. A-07679: approved and authorized the Chair of the Board of Supervisors to sign amendment to Agreement No. A-07679 with California Forensic Medical Group (CFMG) for medical, mental health and dental services to inmates at the Adult Detention Facilities regarding annual price adjustment.

1100.000 14. Resolution No. 99-256: adopted a Resolution amending the

0602.500 County Master Fee Resolution Article 7, Sheriff/Coroner/ Public Administrator Fees to increase Criminal Justice Administrative Fees and amend concealed weapon permit fees.

0125.000 15. Agreement No. A-07929: approved and authorized the Sheriff to sign Professional Services Agreement with IFS Institute of Forensic Sciences for Toxicological Services at Coroner's, Budget Unit 292, FY 1999-2000.

0525.000 16. Awarded contract to W. M. Lyles Co. in the amount of $394,053 to construct the project, "Modify the sanitary sewer system at the Adult Detention Facility in Salinas."

0525.000 17. Awarded contract to William A. Thayer Construction in the amount of $493,579 to construct the project, "Refinish the showers and in-cell plumbing in the men's section of the Adult Detention Facility in Salinas."

GENERAL GOVERNMENT:

6300.000 18. Approved Minutes of the meeting of Tuesday, June 8, 1999, copies having been distributed to each Board Member.

0602.800 19. Approved increased appropriations and estimated revenue in the amount of $2,000 in Budget Unit 559, Veterans' Services, to purchase computer upgrade equipment.

0600.150 20. Concurred with the Monterey County Private Industry

0403.025 Council in accepting a 1999 One-Stop Implementation Grant in the amount of $652,350 for the purpose of building upon the existing infrastructure of the One-Stop Career Center System in Monterey County; directed the County Administrative Office to incorporate this grant in the Fiscal Year 1999/00 Budget, Office for Employment Training, Budget Unit 565.

0525.000 21. Authorized acceptance of work and file Notice of Completion for Campsite Paving at Lake San Antonio - South Shore.

0125.000 22. Agreement No. A-07930 (Resolution No. 99-258): adopted a Resolution authorizing the Chair to sign a Memorandum of Understanding with the Big Sur Volunteer Fire Brigade confirming its membership in the Monterey County Operational Area Authority and Inter-Jurisdictional Emergency Management Coordination System.

1590.000 23. Approved renewal of the County's Excess Liability Insurance Policies with C. V. Starr and Signet Insurance Companies for FY 1999/2000.

1590.000 24. Approved renewal of Workers' Compensation Insurance Policy with Liberty Mutual for FY 1999/2000.

0125.000 25. Agreement Nos. A-07474 and A-07475: approved a temporary amendment to General and Supervisory Unit Memoranda of Understanding (MOU's) which permits a one-time vacation cash out for Communications Dispatcher classifications.

0125.000 26. Agreement No. A-07474 and A-07475: approved continuance of a temporary amendment to general and supervisory unit Memoranda of Understanding (MOU's) which permits payment of training pay differential for Communications Dispatcher IIs.

0125.000 27. Agreement No. A-07926: authorized County Counsel to enter into an Agreement with the Law Firm of Remcho, Johansen & Purcell for the provision of legal services in Conflict of Interest and the Fair Political Practices Act.

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

Upon motion of Supervisor Johnsen, seconded by Supervisor Salinas, and unanimously carried, the Board declared an emergency and added the following to the Consent Agenda:

0125.000 NA/3 Agreement No. A-07923: approved the negotiated settlement and ratified the terms and conditions of the Memorandum of Understanding between Monterey County and SEIU Local 817 representing General and Supervisory Workers (Units F & J).

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

PLANNING AND BUILDING INSPECTION DEPARTMENT:

0125.000 28. Agreement Nos. A-07931 and A-07932: authorized the County Purchasing Manager to execute two contracts, at no costs to the County, to provide short term staff assistance with processing the Moss Landing Power Plant Modernization Project applications: 1) a contract with Matthews Land Company (MLC) in an amount not to exceed $154,000; and 2) a reimbursement agreement with the Duke Energy North America, for an amount not to exceed $154,000 to reimburse the County for costs incurred pursuant to the County's contract with MLC. Staff Recommendation: Authorized the Purchasing Manager to execute the contracts.

0125.000 29. Agreement Nos. A-07676 and A-07677: authorized the County Purchasing Manager to approve two contract amendments, at no cost to the County, to continue short term staff assistance in processing the Pebble Beach Lot Program applications: 1) approve an amendment to Contract No. A-07676 dated August 26, 1998 with Pacific Municipal Consultants in an amount not to exceed $65,000, and 2) approve an amendment to Contract No. A-07677 dated September 4, 1998 with Pebble Beach Company in an amount not to exceed $65,000 to fully reimburse the County for costs incurred via the above Pacific Municipal Consultants contract.

0125.000 30. Agreement Nos. A-06291 and A-06292 authorized the County Purchasing Manager to approve two contract amendments, at no cost to the County, to continue biological consultant services in processing the Pebble Beach Lot Program applications and preparation of the Mitigation Monitoring and Reporting Program: 1) approve an amendment to Contract No. A-06292 dated September 2, 1998 with EcoSynthesis Scientific & Regulatory Services in an amount not to exceed $50,000; and 2) approve an amendment to Contract No. A-06291 dated September 2, 1998 with Pebble Beach Company in an amount not to exceed $50,000 to fully reimburse the County for costs incurred via the above EcoSynthesis Scientific & Regulatory Services contract.

PUBLIC WORKS:

5900.000 31. Accepted Notice of Completion of Improvements, and authorized release of Faithful Performance Security for the Deer Creek Estates Subdivision - Phases 1 & 2, located off Pine Canyon Road, 15 Lots, Private Road.

6000.500 32. Accepted Parcel Map, Tax Report, Conservation and Scenic Easement Deed, Indemnification Agreement, Road and Drainage Maintenance Agreement, Subdivision Title Guarantee and Recording Fee for Minor Subdivision PC07668 for Bay Ridge 4 Investors, located off Puerta del Cajon, Hidden Hills area, 4 lots.

0525.000 33. Approved Plans and Special Provisions for the construction of the Lake San Antonio South Shore Landfill Final Closure, Contract No. C00002-AR.

SPECIAL DISTRICTS:

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

0125.000 34. Agreement No. A-07861: approved transfer of $146,000

0650.014 within Fund 114 for Agreement between County Service Area No. 14 - Castroville and Kennedy/Jenks Consultants for Master Plan Services.