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, MARCH 28, 2000 at 9:30 a.m.

Lunch Break From 12:00 Noon to 2:00 p.m.

9:30 a.m.

2050.000 S-1 a. Received presentation from Connie Quinlan, representing Monterey County Agriculture, in Recognition of National Agriculture Week.

BOARD ACTION: Presentation from Connie Quinlan, Jason Smith, two representatives of the Buena Vista 4-H Club, Joe Quinlan and Matt Ballard, and Monterey County Agricultural Education Board Member and an "Outstanding Young Farmer of the Year" Dirk Giannini, received.

2050.000 b. Received presentation from the Monterey County Sheriffs Department Recognizing and Thanking the Monterey County Board of Supervisors for providing quality service for the benefit of all Monterey County residents while developing, maintaining and enhancing the resources of the County.

BOARD ACTION: Presentation from Ed Haber representing the Sheriff's Advisory Committee, and Under Sheriff Terry Pfau, received.

2050.000 c. Received presentation from the Monterey County Sheriffs Department Recognizing and Thanking the Monterey County Administrative Offices for its commitment to assuring top quality customer service to the residents of Monterey County and continued support to the Sheriffs Department’s effort to serve and protect the citizens of Monterey County.

BOARD ACTION: Presentation from Ed Haber representing the Sheriff's Advisory Committee, and Under Sheriff Terry Pfau, received.

9:40 a.m.

S-2 Additions and corrections to Agenda:

Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried, due to the need to take action before the next regular Board meeting on a matter arising after the posting of today's Agenda, the Board added the following Resolution to the Agenda for adoption:

2050.000 NA/1 Resolution No. 00-119: adopted a Resolution honoring Gudrun "Gert" Foreman as "Woman of the Year 2000" by the Quota Club International of the Monterey Peninsula. (Johnsen)

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

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

S-4 CONSENT CALENDAR – MONTEREY COUNTY REDEVELOPMENT AGENCY

APPOINTMENTS:

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

0400.775 1. Reappointed Richard Bawcom to the County Service Area (CSA) 15 Advisory Committee for a three-year term expiring January 1, 2003. (Pennycook)

0800.450 2. Reappointed Frank Aguillon to the Castroville Cemetery District for a four-year term expiring March 30, 2004. (Calcagno)

0804.250 3. Appointed Art Bigiogni, replacing Prescott A. Skinner to the Soledad Cemetery District for a four-year term expiring February 1, 2004. (Calcagno)

0801.350 4. Appointed Theresa Scattini, replacing Frances Johansen to the Greenfield Cemetery District for her unexpired term ending December 31, 2001. (Calcagno)

0401.750 5. Reappointed Judson Vandevere to the Fish & Game Advisory Commission for a three-year term expiring February 1, 2003. (Potter)

1550.000 6. Reappointed Lyn Ann Rosen to the Housing Authority of Monterey County for a four-year term expiring April 1, 2004. (Potter)

0401.650 7. Appointed Don Follet and Roger Williams as an Alternate to the Emergency Medical Care Committee for a four-year term expiring July 1, 2002. (Full Board)

OTHER BOARD MATTERS:

6300.000 8. Board comments and referrals: Upon the request of Supervisor Pennycook, the Board referred the request from representatives from the Historic Resources Review Board (HRRB) concerning the maintenance and replacement of the walnut trees along Spreckels Boulevard, to Sally Reed, County Administrative Officer for evaluation and report back to the Board. Upon the request of Supervisor Pennycook, the Board referred the review of traffic safety issues regarding the intersection of Highway 156 with Castroville Boulevard, to Sally Reed, County Administrative Officer, and Lew Bauman, Director of Public Works, for evaluation and report back to the Board.

0600.025 9. County Administrative Officer’s Comments and Reports: Sally R. Reed, County Administrative Officer, reported to the Board on the status of employee training programs which have been instituted within the past year. She stated 6 weeks ago staff initiated the New Employee Orientation Program. The orientation is being provided in the new Leadership building on Garden Road in Monterey, and a ribbon cutting ceremony for that facility has been scheduled for Tuesday, April 11, 2000.

1900.000 10. Resolution Nos. 00-126: approved the March 1, 2000 report of the Legislative Subcommittee including the staff report from Water Resources Agency, recommended position on AB 1803 (Strickland) and adopted a Resolution supporting the California Forest Pest Council, and a Resolution for the Veteran’s For Peace, supporting registration and licensing of handguns in the State of California and the rest of the nation.

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

1. Approved the March 1, 2000 report of the Legislative Subcommittee.

2. Took a "support" position on AB 1803 (Strickland).

3. Adopted Resolution No. 00-126, to support the issue of promoting means of identifying causes of oak mortality in the coastal area from Monterey County north to Mendocino County as well as identifying preventive measures to combat such oak mortality.

4. Tabled the proposal to adopt a Resolution supporting registration and licensing of handguns at the time of every sale and/or transfer and the concept of such legislation with further review of future relevant pending legislation with impact on Monterey County, until the next Legislative Subcommittee Report. This matter will be the subject of a subsequent review, for report back on the next Legislative Subcommittee Report. Sheriff Sonné is requested to be present to allow him an opportunity to address the Board on this matter.

2050.000 11. Resolution No. 00-111: adopted Resolution commending the Monterey County Chapter of the American Red Cross and Declaring March as American Red Cross Month. (Calcagno)

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

2050.000 12. Resolution No. 00-112: adopted Resolution recognizing Melanie Mayer Gideon for her efforts in reconstructing the Moss Landing Marine Laboratories. (Calcagno)

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

2050.000 13. Resolution No. 00-102: adopted Resolution commending Richard V. Ortiz as Soledad-Mission Chamber of Commerce 1999 Citizen of the Year. (Calcagno)

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

2050.000 14. Resolution No. 00-103: adopted Resolution recognizing the Month of April 2000 as Child Abuse Prevention Month in Monterey County. (Calcagno)

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

2050.000 15. Resolution No. 00-113: adopted Resolution honoring Harold C. Davenport upon his retirement from the Monterey County Probation Department after 34 Years of Outstanding Service. (Full Board)

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

2050.000 16. Resolution No. 00-127: adopted Resolution supporting the passage of Senate Bill 467, providing for the burial of Veterans and Veteran’s widows and widowers and the care of veteran’s graves. (Johnsen)

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

4000.000 17. Approved Comment Letter on the Coyote Valley Research Park Planned Development Rezoning - Draft Environmental Impact Report.

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

9:45 a.m.

2050.000 S-5 PUBLIC COMMENT PERIOD: Hazel Singh Tompkins voiced her concerns regarding the traffic light at Highway 156 and Castroville Boulevard; response times by the California Department of Forestry (CDF); and expressed her appreciation for the placement of benches at the bus stop on Blackie Road. Joseph Vierra addressed the Board regarding the need for more Probation Officers to deal with the recent violent crime wave in the City of Salinas, and the need for more security at the Youth Center to prevent walk-aways. Rod Mills, resident of Carmel Valley, addressed the beautiful highways found on Vancouver Island in Canada, and listed a number of suggestions for the Public Works Department to consider in maintaining the roadways in Monterey County. Al Mortensen, representing the Salinas Valley Chamber of Commerce, presents each Board member with a copy of their new tourism brochure, promoting agriculture in Monterey County.

10:00 a.m.

2800.000 S-6 Reintroduced, waived reading and conduct public hearing on an Ordinance to Limit Development within the Carmel Valley Master Plan Area.

BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor Salinas, and unanimously carried, the Board approved the following actions:

a. Reaffirmed the Board's policy direction to staff, and guidance to the Planning Commission, as set forth in Resolution No. 99-379, dated October 19, 1999 and amended February 22, 2000, to disapprove any future subdivision proposals within the Carmel Valley Master Plan Area for a period of one year to March 28, 2001.

b. Directed Lew Bauman, Director of Public Works, to use the available funding to construct the necessary improvements on Carmel Valley Road, and work with Caltrans to implement operational improvements to Highway 1 in the vicinity of Carmel, thereby making a clear and unequivocable commitment to those improvements.

c. Directed Staff to identify a process to update the Carmel Valley Master Plan, including the elimination of references to construction of the Hatton Canyon Freeway.

2:00 p.m.

1400.000 S-7 Approved Recommended response to the 1999 Monterey County Grand Jury final report. (Filed January 3, 2000)

BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Calcagno, and unanimously carried, the Board approved the response, as revised, to the 1999 Grand Jury final report, and authorized staff to file the approved response with the Presiding Judge of the Superior Court.

2:30 p.m.

3150.000 S-8 Held public hearing to consider adoption of a Negative Declaration and a Combined Development Permit (Roger Lapham, PLN 980336), consisting of a Major Lot Line Adjustment to reconfigure two legal lots of record, Coastal Administrative Permit and Design Approval to construct a new 3,482 square foot, 2-story residence and removal of 5 pine trees. The property is fronting on and westerly of Porque Lane in the Del Monte Forest Area, Coastal Zone. (Staff recommendation: Approve the Combined Development Permit).

BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor Salinas, and unanimously carried, the Board granted a continuance of this hearing indefinitely.

3:15 p.m.

0801.250 S-9 Public hearing to adopt a resolution authorizing collection of Fire Mitigation Fees on new construction in the Gonzales Rural Fire Protection District.

BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Pennycook, and unanimously carried, the Board adopted Resolution No. 00-128, authorizing the collection of fire mitigation fees.

3:25 p.m.

0600.027 S-10 Received presentation from Sonya Varea Hammond on 1999 year-end report of the Cooperative Extension.

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

3:35 p.m.

S-11 Closed Session relating to the following items:

6200.000 a. Conference with Legal Counsel-Existing Litigation

Name of Case: Leeper, et al. v. County of Monterey, et al. (Leeper/SOPC)

Santos, et al. v. Lucero, et al.

BOARD ACTION: No reportable action taken in the case of Leeper, et al. v. County of Monterey, et al. The Board announced a settlement in the case of Santos, et al. v. Lucero, et al., in the amount of $70,000.

6200.000 b. Conference with Legal Counsel-Potential Litigation

The Board, pursuant to Government Code Section 54956.9(b), will discuss one (1) matter where there is significant exposure to litigation against the County

BOARD ACTION: No reportable action taken.

4:00 p.m.

4600.000 S-12 Held public hearing to approve Appeal of the decision by the Historic Resources Review Board relative to historic mitigations; adopt the Negative Declaration; and authorize the commencement of right-of-way acquisition for the demolition and replacement of the Schulte Road Bridge over the Carmel River.

BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried, the Board accepted the withdrawal of the appeal from the Public Works Department, which negates the need to proceed with an Initial Study and to adopt a Negative Declaration. Based on the findings of the Monterey County Historic Resources Review Board, and pursuant to CEQA guidelines, Public Works staff will prepare a focused Environmental Impact Report (EIR) and return this matter to the Board in approximately six months.

ORDER FOR ADJOURNMENT TO TUESDAY, APRIL 4, 2000 AT 9:30 A.M. IN MEMORY OF GEORGE H. "BUD" HOBBS, DECEASED.

APPROVED:

___________________________________

Chair

ATTEST:

SALLY R. REED,

Clerk of the Board

By:_______________________________

Deputy

(Supplementary Sheet)

CONSENT CALENDAR

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

NATIVIDAD MEDICAL CENTER:

0525.000 18. Approved the declaration of certain property as surplus property; authorized the Purchasing agent to dispose of the property.

HEALTH AND SOCIAL SERVICES:

0601.100 19. Resolution No. 00-120: proclaimed State of local Emergency Relating to the Spread of HIV Among Injection Drug Users in Monterey County.

0600.925 20. Resolution No. 00-121: amended the Alcohol and Drug Budget Unit 417 to Add 2.0 FTE Psychiatric Social Worker II Positions, 1.0 FTE Supervising Patient Services Representative Position, 2.0 FTE Patient Services Representative II Positions, and recognized $205,058 in estimated revenue and appropriations to support expanded alcohol and drug services.

0401.965 21. Resolution No. 00-122: approved Amendments to the Terms of Reference of the Monterey County Integrated Waste Management Task Force that increase membership to include the Pebble Beach Community Services District, the Salinas Valley Solid Waste Authority, and the Spreckels Community Services District.

0125.000 22. Agreement No. A-08186: approved FY 1999-00 Behavioral Health Services Agreement with Devereux Texas Treatment Network for the Provision of Mental Health Services in the amount of $51,565 effective August 1, 1999 through June 30, 2000.

0110.000 23. Agreement No. A-07671: approved Amendment 1 to Contract SCC27 (99/00) with the State Department of Alcohol and Drug Programs to revise the FY 1999-00 Alcohol and Drug Services funding from $3,419,446 to $3,489,865.

0601.100 24. Approved the transfer of $89,820 in Health Department, Environmental Health Budget Unit 414 from Services and Supplies to Fixed Assets to cover the purchase of used oil collection equipment needed to complete the implementation of the County’s Regional Used Oil Opportunity Grant.

0601.100 25. Approved Application for Local Government Waste Tire Cleanup Matching Grant from the California Integrated Waste Management Board in an Amount not to Exceed $30,485 for the period of May 1, 2000 through April 30, 2001.

0525.000 26. Adopted Plans and Specifications and authorized advertisement for bids for the project to "Replace Health Department Lab Countertops."

0525.000 27. Adopted Plans and Specifications and authorized advertisement for bids for the project to "Replace Health Department Parking Lot Lighting."

0125.000 28. Agreement No. A-08187: approved and authorized the Chairperson to sign a contract with the Regents of the University of California for $50,400 for Substance Abuse, Mental Health, and Domestic Abuse Training Services in order to implement the Monterey County CalWORKs Plan.

CRIMINAL JUSTICE:

0525.000 29. Adopted plans and specifications and authorized advertisement for bids for the projects, "Remodel the Youth Center," "Remodel the Juvenile Hall," and "Replace the cell doors and hardware in Juvenile Hall."

0602.500 30. Increased Estimated Revenues and Appropriations in Sheriff’s Budget Unit 251 in the Amount of $58,365 for Fiscal Year 1999-00, to provide funding for a Senior Building Maintenance Worker.

0602.500 31. Increased Estimated Revenues and Appropriations in Sheriff’s Budget Unit 230 in the amount of $33,700 to purchase a truck and miscellaneous equipment for Multi-Agency Detail for Commercial Auto Theft.

0602.500 32. Resolution No. 00-123: approved and authorized the Estimated Fee for Supplemental Law Enforcement Services.

0125.000 33. Agreement No. A-08188: approved and authorized the Sheriff to sign Memorandum of Agreement between Monterey County Sheriff’s Department and School Community Policing Partnership for the period of February 14, 2000 to June 30, 2000; increased estimated revenues and appropriations by $2,500 in Sheriff’s Budget Unit 230.

GENERAL GOVERNMENT:

6300.000 34. Approved minutes of the meeting of Tuesday, March 7, 2000, copies having been distributed to each Board member.

5400.000 35. Resolution No. 00-124: amended Personnel Policies and Practices Resolution No. 98-394 to add classification of Supervising Mechanic and amend General Services Budget Unit 107 to approve reallocation.

0525.000 36. Adopted plans and specifications and authorized advertisement for bids for the project to construct a "New Radio Shop."

4100.000 37. Approved and adopted the attached policy titled

0601.160 "Acceptable Use of Monterey County Computing and Information Resources" which replaces the existing County "E-Mail Policy" as the Successor Policy Governing the Maintenance and Transmission of all Computer Information as Relates to Individual Personal Computers, PC/E-mail Networks, and Internet Connectivity.

0403.725 38. Affirmed and approved the Administrative Independence of the Transportation Agency for Monterey County (TAMC); Approve in Concept the TAMC approved timeline for Final Separation from the County of Monterey; and Approve Implementation of Employee Separation Procedures for TAMC staff effective on the date of Final Administrative Separation of the Agency.

0401.955 39. Resolution No.00-125: approved an Amendment to Housing Advisory Committee By-Laws revising Quorum Requirements.

0125.000 40. Agreement No. A-08189: approved Financing Agreement with the Parks Foundation of Monterey County for the Construction of an Outdoor Shower at the Youth Overnight Area at Toro County Park.

0125.000 41. Agreement Nos. A-08190 and A-08191: approved an agreement for services with San Antonio School District and King City Joint Union High School District for rental of school buses for 2000 Wildflower Festival and authorize Parks Director to sign agreements.

0500.050 42. Approved initial Conflict of Interest Code of the Information Technology - Telecommunications Department of Monterey County.

0500.100 43. Approved amendments to Conflict of Interest Code of the Monterey County Water Resources Agency.

0500.050 44. Approved amendments to Conflict of Interest Code of the County Administrative Office of Monterey County.

0500.050 45. Approved amendments to Conflict of Interest Code of the County Counsel of Monterey County.

0500.050 46. Approved initial Conflict of Interest Code of the General Services Department of Monterey County.

0500.100 47. Approved amendments to Conflict of Interest Code of the Monterey County Local Agencies Insurance Authority.

0600.500 48. Approved Transfer of $30,206 in Appropriations from the General Fund Contingencies to fund 001, County Counsel, Budget Unit 121.

PUBLIC WORKS:

49. PULLED approval of amendment to Public Works Budget Unit 300 to authorize the additional replacement purchase of Chip Spreader and Pneumatic-Tire Roller; approved the transfer of $175,000 within Budget Unit 300 from Services and Supplies to Fixed Assets.

BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Salinas, and unanimously carried, the Board pulled this item from the Agenda, and continued the matter one week, to return on the Consent Calendar on Tuesday, April 4, 2000 at 9:30 a.m.

5900.000 50. Exonerated Labor and Materials Security for the Grey Eagle Subdivision, 29 lots private roads, located off Pesante Road, Prunedale area.

5900.000 51. Accepted subdivision improvement for the Country Meadows-Unit 5 Subdivision, 10 lots, located off Country Meadows Road, Prunedale area.

6000.500 52. Accepted Parcel Map, Tax Report, Deed Notification, Flood Plain Notice Subdivision Title Guarantee, Permanent Agricultural Easement Deed, and Recording Fee for Minor Subdivision 94011 for Onitsuka, et al., located off Hartnell Road, 4 lots.

5900.000 53. Accepted Final Map, Tax Report, Notices (8), Subdivision Improvement Agreement, Drainage and Flood Control Systems Agreement, Conservation and Scenic Easement Deed, Permanent Agricultural Easement Deed, Subdivision Title Guarantee, and Recording Fee for the Deer Creek-Phase 3 Subdivision, Located on Pine Canyon Road, King City area, 32 lots.

MONTEREY COUNTY REDEVELOPMENT AGENCY:

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

7000.000 54. Approved findings and authorized payment of $79,006 to Pacific Gas and Electric Company for the Pajaro Underground Utility District.

0125.000 55. Agreement No. A-08192: approved a contract with Together in Pajaro to Implement a Commercial Façade Program in Pajaro in the amount of $57,470.