A C T I O N M I N U T E S
MONTEREY COUNTY BOARD OF SUPERVISORS
TUESDAY, JANUARY 11, 2000 at 9:30 a.m.
Lunch from 12:00 Noon to 2:00 p.m.
9:30 a.m.
S-1 Additions and corrections to Agenda: Due to the need to take action before the next regular Board meeting on matters arising after the posting of today's Agenda, upon motion of Supervisor Pennycook, seconded by Supervisor Salinas, and carried by those members present with Supervisor Johnsen absent, the Board added the following under "Other Board Matters:"
Resolutions honoring Caroline Page, Wendy Brickman and Carmel "Cappy" Martin
S-2 CONSENT CALENDAR - REGULAR [See Supplementary Sheet attached]
S-3 CONSENT CALENDAR - SPECIAL DISTRICTS
APPOINTMENTS:
Upon motion of Supervisor Salinas, seconded by Supervisor Pennycook, and carried with Supervisor Johnsen absent, the Board approved the following appointments:
0400.250 1. Appointed Estella Pierce, representing SEIU 535; and Matthew Friday, representing the bisexual, gay and lesbian community; to the Equal Opportunity Advisory Commission for terms expiring December 31, 2002. (Full Board)
0400.435 2. Reappointed Zelda Corbari, Laura Imwalle, Seymour Lesser, John O'Brien, and Marvin Wolf to the Older Americans Advisory Council for terms expiring January 1, 2003. (Full Board)
OTHER BOARD MATTERS:
6300.000 3. Board comments and referrals: Supervisor Pennycook reported on a number of productive meetings that have been held with interested members of the community regarding the County's Animal Shelter.
0600.025 4. County Administrative Officer’s Comments and Reports: None.
6300.000 5. Adopted Board of Supervisors' meeting schedule for Calendar Year 2000. (Calcagno)
BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Pennycook, and carried by those members present, with Supervisor Johnsen absent.
6300.000 6. Approved recommended appointments of Board members to boards, committees and commissions for the calendar year 2000. (Calcagno)
BOARD ACTION: Upon motion of Supervisor Salinas, seconded by Supervisor Potter, and carried by those members present, with Supervisor Johnsen absent.
2050.000 NA/1 Resolution No. 00-12: adopted Resolution honoring Caroline Page as the recipient of the Monterey Peninsula Chamber of Commerce's 1999 Public Official of the Year Award. (Potter)
BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Salinas, and carried by those members present, with Supervisor Johnsen absent.
2050.000 NA/2 Resolution No. 00-13: adopted Resolution honoring Wendy Brickman as the recipient of the Monterey Peninsula Chamber of Commerce's 1999 Robert C. Littlefield Award. (Potter)
BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Salinas, and carried by those members present, with Supervisor Johnsen absent.
2050.000 NA/3 Resolution No. 00-14: adopted Resolution honoring Carmel "Cappy" Martin as the recipient of the Monterey Peninsula Chamber of Commerce 1999 Citizen of the Year Award. (Potter)
BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Salinas, and carried by those members present, with Supervisor Johnsen absent.
SCHEDULED MATTERS
9:45 a.m.
2050.000 S-4 PUBLIC COMMENT PERIOD: Albert Berger, former Aide to Senator McPherson, introduced Kris Reyes, his replacement as the Senator's Aide focusing on legislative efforts on the Monterey Peninsula.
10:00 a.m.
3150.000 S-5 Held continued public hearing (open) for Combined Development Permit and Design Approval consisting of a Lot Line Adjustment to allow the realignment of lot lines between three existing parcels, 0.84, 1.87 and 7.75 acres in size, resulting in the creation of two parcels of 4.80 and 5.66 acres; Use Permit for the 4.80 acre parcel to allow an outdoor boat and RV storage, eight single-story mini-storage warehouse units with a total area of 77,145 sq. ft., a 1,200 sq. ft. single-story office, a 2,500 sq. ft. existing single-story single family dwelling to be utilized as a caretaker unit, and a sign area of 35 sq. ft. for Steve Mirabito (File No. PLN 980301), Carmel Valley area. Staff Recommendation: Continue to February 29, 2000 at 10:15 a.m.
BOARD ACTION: Upon motion of Supervisor Salinas, seconded by Supervisor Potter, and carried by those members present with Supervisor Johnsen absent, the Board continued the public hearing, open, to Tuesday, March 14, 2000 at 10:00 a.m.
10:05 a.m.
0950.000 S-6 Closed Session - Public Employment regarding the position of County Counsel
BOARD ACTION: No reportable action taken.
2:00 p.m.
6200.000 S-7 Closed Session relating to the following items:
6200.000 a. Conference with Legal Counsel - Existing Litigation:
Case Name: South County Regional Wastewater Authority v. State Water Resources Control Board, et al. (Santa Clara Co. Superior Court No. CV 781267) Forrester v. County of Monterey, et al.
BOARD ACTION: The Board authorized Amicus participation in the existing litigation matter of South County Regional Wastewater Authority v. State Water Resources Control Board, et al. (Santa Clara Co. Superior Court No. CV 781267). There was no reportable action taken on the case of Forrester v. County of Monterey.
0950.000 b. Public Employee Discipline/Dismissal/Release
BOARD ACTION: No reportable action taken.
2:45 p.m.
0601.175 S-8 Approved recommended allocation of Tourism, Economic Development, Cultural Arts and Cultural Heritage Set-Aside grant funds for fiscal year 1999-2000.
BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Pennycook, and carried by those members present with Supervisor Johnsen absent.
3:15 p.m.
3150.000 S-9 Held public hearing to consider a Coastal Development Permit and Design Approval (PLN990269) for State Highway 1 operational and drainage improvements including the following: 1) extend 180 foot long right-turn channel southbound to westbound at Ocean Avenue (Improvement No. 7); 2) extend 1,200 foot long lane-merge southbound Highway One south of Ocean Avenue (Improvement No. 8); 3) extend 200 foot long storage lane of eastbound Carpenter Road at Highway One intersection (Improvement No. 9); Grading (900 cubic yards); and Tree Removal for 5 Coast Live Oaks, on property located in the State Highway One right-of-way between Carpenter Street and 0.1 km south of Mesa Drive in the Carmel Area of the Coastal Zone. Staff recommendation: adopt the Negative Declaration and approve the project.
BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Pennycook, and carried by those members present with Supervisor Johnsen absent, the Board adopted Resolution No. 00-23, adopting the Negative Declaration and approving the Coastal Development Permit.
4:15 p.m.
3150.000 S-10 Held continued Public Hearing (closed) to consider a Negative Declaration and Combined Development Permit for Phillip and Betsy Bliss (980149) consisting of: 1) A Coastal Development Permit and Design Approval to allow for the construction of a single family dwelling with swimming pool, grading, septic system and water tank; and 2) a Coastal Administrative Permit and Design Approval to allow for the construction of a pool house, on property located easterly of Highway One and southerly of Point Lobos Ridge Road, in the Carmel Highlands Area of the Coastal Zone. (Appeals filed by Kenneth L. Gray, District Superintendent, California Dept. of Parks and Recreation; Zad Leavy, Executive Director, The Big Sur Land Trust; and Janie Figen, representing the Ventana Chapter of the Sierra Club.) Staff Recommendation: adopt the Negative Declaration and approve the Combined Development Permit.
BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor Salinas, and carried by those members present with Supervisor Johnsen absent and Supervisor Potter voting "No," the Board adopted Resolution No. 00-24, adopting the Negative Declaration and approving the Combined Development Permit. The action includes the additional findings and evidence, read into the record by Acting County Counsel Adrienne Grover:
" - The evidence submitted in the reports of Mr. Norman and Mr. Vandevere regarding environmentally sensitive habitat and impacts thereto, supports a finding that no overriding finding is necessary under the Local Coastal Program with regard to adverse impacts on environmentally sensitive habitat."
" - Regarding the appeal jurisdiction of the California Coastal Commission, under Public Resources Code §30603(a), evidence presented to day by the applicant's counsel regarding the final location of the footprint, supports a finding that it is not within the relevant distances of any of the coastal geographic features described in that section."
" - Evidence confirmed by the California Coastal Commission staff, supports a finding that there are no sensitive coastal resource areas mapped within Monterey County. Also, with regard to the need for construction of a road or any other improvements that are outside normal permitted uses within the zoning designation under §30603(a)(4) that no such uses are a part of this application.
"Based on the foregoing evidence, the Board finds that this is not within the Coastal Commission's appeal jurisdiction under §30603."
ORDER FOR ADJOURNMENT TO TUESDAY, JANUARY 18, 2000 AT 9:30 A.M.
APPROVED:
___________________________________
Chair
ATTEST:
SALLY R. REED,
Clerk of the Board
By:_____________________________
Deputy
CONSENT CALENDAR
Upon motion of Supervisor Salinas, seconded by Supervisor Potter, and carried by those members present with Supervisor Johnsen absent, the Board approved the following actions:
HEALTH & SOCIAL SERVICES:
0110.000 7. Agreement No. A-08120: approved Agreement No. 99-85729 and future amendments with the State Department of Health Services for a total amount of $5,949,529; $1,983,535 for Federal FY 1999-2000, $1,984,317 for Federal FY 2000-2001 and $1,981,677 for Federal FY 2001-2002, for the Women, Infants and Children Nutrition Services Program for the period October 1, 1999 through September 30, 2002.
CRIMINAL JUSTICE:
0602.500 8. Approved and Application and Order for Destruction of Records for the Sheriff's Department.
GENERAL GOVERNMENT:
0110.000 9. Agreement No. A-08121: approved and authorized the County Agricultural Commissioner to sign the proposed State Agreement No. 99-0431 for Fiscal Years 1999/2004 for the purpose of conducting local enforcement of the California Seed Law.
PLANNING AND BUILDING INSPECTION:
4000.000 10. Resolution No. 00-15: adopted Resolution finding the issuance of a license for the sale of alcoholic beverages by the Department of Alcoholic Beverage Control (ABC) to William and Sylvia Despain and Edward and Sylvia Hill for The Pleyto Store, located at 2110 Jolon Road, Bradley, to be a "public convenience." (Planning File No. PD 990091). Staff Recommendation: Adopt Resolution.
PUBLIC WORKS:
0525.000 11. Awarded contract in the amount of $110,550 to All Bay Electric, lowest bidder for the construction of the Pajaro Underground Utility District Service Conversion Project, Contract No. C00012, Pajaro area.
0125.000 12. Agreement No. A-08122: approved consultant agreement not to exceed $252,300 with Sandis Humber Jones, Consulting Engineers, for professional engineering services on the Railroad Avenue Reconstruction Project (EDA Project No. 07-01-03848), Pajaro area.
0125.000 13. Agreement No. A-07424: approved Amendments to the Professional Services Agreement with Advanced Engineering Design for the Pine Canyon-King City Bicycle Path and Bridge Project.5900.000 14. Approved the reduction of the Faithful Performance Surety Bond for Santa Lucia Preserve Phase A located off Carmel Valley Road.
0525.000 15. Accepted Certification of Completion for Contract No. 00002-AR; authorize execution of Notice of Completion for Lake San Antonio South Shore Landfill Closure.
SPECIAL DISTRICTS:
Upon motion of Supervisor Salinas, seconded by Supervisor Potter, and carried by those members present with Supervisor Johnsen absent, the Board approved the following action:
0800.325 16. Directed the Auditor Controller to remove service charges for the Reserve Area of the Carmel Valley Ranch beginning with the second installment of Fiscal Year 1997-1998 (Carmel Valley County Sanitation District, Zone 1).