A C T I O N M I N U T E S
MONTEREY COUNTY BOARD OF SUPERVISORS
AND THE MONTEREY COUNTY REDEVELOPMENT AGENCY
TUESDAY, JANUARY 18, 2000 at 9:30 a.m.
Lunch from 12:00 Noon to 2:15 p.m.
9:30 a.m.
S-1 Closed Session relating to the following items:
0950.000 a. Public Employment - General Manager, Monterey County Water Resources Agency
BOARD ACTION: BOARD ACTION: It was reported to the Board of Supervisors that the Board of Directors of the Monterey County Water Resources Agency have confirmed the appointment of Curtis Weeks as Interim General Manager of that Agency. No other reportable action was taken on the recruitment for a permanent General Manager.
6200.000 b. Conference with Legal Counsel - Existing Litigation
Name of Case: Lewis Road Landfill Citizens' Action Committee v. Salinas Valley Solid Waste Authority et al.
State of California v. Phillip Morris (Tobacco Litigation Settlement)
BOARD ACTION: BOARD ACTION: There was no reportable action concerning the case of Lewis Road Landfill Citizens' Action Committee v. Salinas Valley Solid Waste Authority, et al.
Upon motion of Supervisor Pennycook, seconded by Supervisor Johnsen, and unanimously carried, in regards to the case State of California v. Phillip Morris (Tobacco Litigation Settlement), the Board adopted Resolution No. 00-29, authorizing withdrawal and acceptance of tobacco settlement monies pursuant to the Memorandum of Understanding; and approved Agreement No. A-08127 regarding interpretation of the Memorandum of Understanding; Release and Discharge of Claims; Monterey County's Transfer Instructions; and IRS Form W9, Request for Taxpayer Identification Number and Certification.
Upon motion of Supervisor Potter, seconded by Supervisor Salinas, and unanimously carried, due to the need to take action before the next regular Board meeting on a matter arising after the posting of the Agenda, the Board added the following item to the Closed Session Agenda:
Conference with Legal Counsel - Existing Litigation
Name of Case: Keogh v. County of Monterey, et al.
BOARD ACTION: There was no reportable action taken by the Board at this time.
10:00 a.m.
0601.100 S-2 Approved application to the California Department of Health Services, State Office of AIDS, in the amount of $562,500 for the period March 1, 2000 through June 30, 2002, to implement the High Risk Initiative for HIV Prevention in Youth.
BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Johnsen, and unanimously carried.
2050.000 S-3 Resolution No. 00-16: adopted and presented Resolution proclaiming January 16th through January 22nd, 2000 as "Salinas Junior Chamber of Commerce Week" in Monterey County. (Pennycook)
BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor Salinas, and unanimously carried.
10:05 a.m.
6300.000 S-4 Additions and corrections to Agenda
0125.000
The Clerk to the Board announced the following pertaining to the Board's Agenda, which may be acted on by the Board as provided in section 54954.2 of the California Government Code:
"For The record, it is noted that Supervisor Calcagno will abstain from voting on Consent Matter No. 19, listed under Public Works, titled "Authorize the Chair to execute the Agreement for Construction of Road Improvements on Prunedale North Road" as he owns property on Prunedale North Road in the vicinity of the subject improvements, and wishes to avoid any appearance of conflict of interest."
S-5 CONSENT CALENDAR - REGULAR [See Supplementary Sheet attached]
S-6 CONSENT CALENDAR - MONTEREY COUNTY REDEVELOPMENT AGENCY
APPOINTMENTS:
Upon motion of Supervisor Johnsen, seconded by Supervisor Pennycook, and unanimously carried, the Board approved the following appointments:
0802.000 1. Appointed Don Rochester, replacing Mike Fletcher, to the Board of Directors of the Monterey County Water Resources Agency, for his unexpired term ending December 31, 2002. (Pennycook)
0403.770 2. Reappointed Ralph Villar to the Veterans Services Advisory Commission for a three year term expiring January 1, 2003. (Salinas)
OTHER BOARD MATTERS:
6300.000 3. Board comments and referrals: Supervisor Pennycook distributed to each Board member a request concerning a potential policy change regarding reporting items out of Closed Session, to better facilitate access of information to both the public and the press. After discussion, the Board referred this matter to the Acting County Counsel, to work with the County Administrative Officer as necessary to explore options so the Board can make a selection from among a variety of practices from different venues.
0600.025 4. County Administrative Officer’s Comments and Reports: None.
0802.000 5. Resolution No. 00-17: adopted Resolution of Commendation for Michael D. Armstrong in recognition of his 5 years of service as General Manager for the Monterey County Water Resources Agency. (Full Board)
BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor Potter, and unanimously carried.
2050.000 6. Resolution No. 00-18: adopted Resolution recognizing the Big Sur Health Center on the occasion of their 20th Anniversary. (Potter)
BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor Potter, and unanimously carried.
2050.000 7. Resolution No. 00-19: adopted Resolution honoring Claire Sherwood as the recipient of the Monterey County Hospitality Association's 1999 "Hospitality Professional of the Year" Award.
BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor Potter, and unanimously carried.
0127.000 8. Resolution No. 00-20: adopted Resolution approving the Application for grant funds from the California Department of Conservation's Farmland Conservation Program for the Violini Farm Easement, Gonzales area. (Calcagno)
BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor Potter, and unanimously carried.
1900.000 9. Resolution No. 00-21: approved endorsement of Proposition 12, Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act on the March 7, 2000 Ballot. (Potter)
BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor Potter, and unanimously carried.
SCHEDULED MATTERS
10:15 a.m.
2050.000 S-7 PUBLIC COMMENT PERIOD: Wren Bradley, Union Field Representative for SEIU Local 535 urged the Board to not adopt proposed amendments to the Monterey County Personnel Policies and Practices Resolution No. 98-394 to approve salary adjustments, reclassifications, reallocations and amend various departmental budgets which come under the Management Unit until internal equity issues are resolved within the bargaining units she represents. Hans Jongens addressed the Board concerning the amount of damage done to the environment by the gasoline additive MTBE.
BOARD ACTION: The Board requested the Director of Environmental Health to report back on possible MTBE contamination in Monterey County's various waterways.
10:30 a.m.
1350.350 S-8 Determine the effective date for further limiting development in Carmel Valley and direct staff to schedule public meetings within the community to receive input on a draft ordinance
BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Johnsen, and unanimously carried, the Board directed staff to report back to the Board on Tuesday, February 8, 2000 at 2:30 p.m. on the actual numbers of pending applications that have been filed prior to October 19, 2000, their levels of completeness, and the dates of actual submittal, to allow the Board to make an informed decision on the potential effective dates and determine the significance of one effective date over another, and what the implications would be to any projects that are currently pending.
The motion included approval of Staff's proposal for the public outreach process, with the recognition that the public hearing on the proposed Ordinance limiting development in Carmel Valley be held no later than Tuesday, March 28, 2000, and sooner if possible.
2:15 p.m.
5400.000 S-9 Resolution No. 00-28: amended Monterey County Personnel Policies and Practices Resolution No. 98-394 to add definition of consolidation of classes; add, delete, retitle and consolidate management classes, and flatten, align, link and adjust salaries of management classes, and approved reclassifications and reallocations and amend budgets.
BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Pennycook, and unanimously carried.
2:30 p.m.
0550.400 S-10 Approved the use of the Courthouse Construction Fund to
0601.450 pay for costs associated with the relocation and remodeling of several court and court-related offices and directed County staff to take the steps necessary to accomplish the relocation and remodeling of several court and court-related offices.
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Salinas, and unanimously carried.
2:45 p.m.
3150.000 S-11 Held public Hearing to approve the Coastal Development Permit for Pacific Gas and Electric (PLN990351) to allow the removal of 97 Monterey pines (58 already removed) within the California State Highway One right-of-way, located easterly of Highway One, between Carpenter Street and Viejo Road in the Carmel area of the Coastal Zone. Staff Recommendation: Approval of the Coastal Development Permit.
BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Pennycook, and unanimously carried, the Board adopted a Resolution of Intention to approve the Coastal Development Permit for the trees already removed with the re-vegetation plan, and denied the Coastal Development Permit for additional tree removal. The motion included direction to staff to research how other counties handle these types of situations throughout the state; directed staff to develop a permanent process for tree removal projects with order of magnitude to be determined; directed staff to prepare the appropriate findings, evidence and conditions to support the Board's decision; and continued the public hearing, closed, to a future date.
3:15 p.m.
3150.000 S-12 Held public hearing to consider modifications to findings, evidence and conditions for a previously approved Combined Development Permit for the Whisler Trust (SB 94001) consisting of a Major Coastal Development Permit for a Standard Subdivision to allow the division of a 24.25 acre parcel into 11 parcels ranging in size from 0.05 to 7.66 acres; Variance for reduction in side yard setbacks for existing structures; and a Coastal Development Permit for a well, located easterly of State Highway 1, Carmel Highlands Area. Staff Recommendation: Approval.
BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Johnsen, and unanimously carried, the Board adopted Resolution No. 00-30, modifying the findings, evidence and conditions for a previously approved Combined Development Permit for the Whisler Trust.
3:45 p.m.
4600.000 S-13 Approved the Department of Public Works 1999-2000 Capital Improvement Program (CIP).
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Pennycook, and unanimously carried.
4:30 p.m.
2800.000 S-14 Held public hearing to adopt an Ordinance amending Monterey County Code, Chapter 2.76 relating to the provision of Supplemental Law Enforcement Services in connection with special events.
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Salinas, and unanimously carried, the Board adopted Ordinance No. 04050, as presented.
ORDER FOR ADJOURNMENT TO TUESDAY, JANUARY 25, 2000 AT 9:30 A.M. IN MEMORY OF DENNIS R. KEITH, DECEASED.
APPROVED:
___________________________________ Chair
ATTEST:
SALLY R. REED,
Clerk of the Board
By:______________________________
Deputy
CONSENT CALENDAR
Upon motion of Supervisor Potter, seconded by Supervisor Salinas, and unanimously carried, the Board approved the following actions:
HEALTH & SOCIAL SERVICES:
0601.100 10. Resolution No. 00-25: proclaimed state of local emergency relating to the spread of HIV among injection drug users in Monterey County.
0125.000 11. Agreement No. A-08123: approved an Agreement with American Medical Transport D.B.A. Central Coast Ambulance Services to provide wheelchair van and gurney services for Mental Health clients in the amount of $400,000 effective November 1, 1999 and until June 30, 2002.
0125.000 12. Agreement No. A-08124: approved and authorized the Chairperson to sign an Agreement with Salinas Union High District in the amount of $45,000 for Interactive Parent Education in FY 1999-2000.
GENERAL GOVERNMENT:
6300.000 13. Approved minutes of the meeting of Tuesday, January 4, 2000, copies having been distributed to each Board member.
1590.000 14. Approved amendment to MetLife Life Insurance Policy, changing the life insurance premium from $.20 per $1000 to $.21 per $1000 of coverage, and changing amount of present level of basic life insurance coverage from $10,000 to $50,000 for Units D (Public Defender) and E (Prosecutors); authorized Chair to sign.
0600.150 15. Concurred with the Private Industry Council in Accepting $125,816 in Job Training Partnership Act Incentive Funds; authorized the PIC Director to coordinate execution of funds; authorized increase in estimated revenue and appropriations totaling $125,816 in BU 565, Office for Employment Training.
0125.000 16. Agreement No. A-08125: approved an Agreement between Monterey County and Monterey County Redevelopment Agency for the Railroad Avenue Road and Storm Drainage Improvement Project (Pajaro).
0650.025 17. Resolution No. 00-26: adopted Resolution Ordering the Annexation of Territory to County Service Area No. 25 - "Canada Woods Annexation to County Service Area No. 25."
PUBLIC WORKS:
0602.350 18. Resolution No. 00-22: adopted Resolution commending David S. Murphy for his dedication and service in the Department of Public Works as an Assistant Engineer and Inspector for the Encroachment Section.
0125.000 19. Agreement No. A-08126: approved and authorized the Chair to execute the Agreement for Construction of Road Improvements on Prunedale North Road.
BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Salinas, and carried 4 to 0, with Supervisor Calcagno abstaining from voting.
5900.000 20. Approved the reduction of Faithful Performance Surety for the Pajaro Hills Subdivision, located off San Miguel Canyon Road and Vega Road.
5900.000 21. Accepted the Notice of Completion of Improvements, and release the Faithful Performance Security for the Grey Eagle Subdivision, located off Pesante Road, 29 lots, private road.
4600.000 22. Approved one application to be submitted to Caltrans for Safe Routes to School (SR2S) Funds, in the amount of $445,050.
0125.000 23. Agreement Nos. A-08128 through A-08130: approved agreements relating to the purchase of 2.7 acres of property to construct and operate a storm drain attenuation basin and pump station for the Pajaro Drainage Grant Project - Phase 2B, (Pajaro area).
MONTEREY COUNTY REDEVELOPMENT AGENCY:
Upon motion of Supervisor Johnsen, seconded by Supervisor Salinas, and unanimously carried, the Board approved the following action:
0125.000 24. Agreement No. A-08125: approved an Agreement between Monterey County and Monterey County Redevelopment Agency for the Railroad Avenue Road and Storm Drainage Improvement Project (Pajaro).