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

MONTEREY COUNTY BOARD OF SUPERVISORS

TUESDAY, MAY 2, 2000 at 9:30 a.m.

Lunch Break from 12:00 Noon to 1:30 p.m.

9:30 a.m.

2050.000 S-1 Resolution No. 00-151: adopted and presented a Resolution proclaiming the week of May 6 through May 13, 2000 as "National Safe Kids Week" in Monterey County.

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

2050.000 S-2 Resolution No. 00-147: adopted and presented a Resolution commending Christine Herron, Nick Noroian, and Jennifer Spano on their selection, as Monterey County’s 4-H All-Star Rank for 1999-2000.

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

9:35 a.m.

S-3 Additions and corrections to Agenda: None.

S-4 CONSENT CALENDAR - REGULAR [See Supplementary Sheet attached]

APPOINTMENTS:

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

0401.955 1. Reappointed Fely Garden to the Housing Advisory Committee for a two-year term expiring May 1, 2002. (Salinas)

0402.250 2. Reappointed Karen Teal to the Mental Health Commission for a three-year term expiring May 31, 2003. (Salinas)

0800 600 3. Appointed Lisa Caballero, replacing Larry Steffan to the North County Public Recreation District for his unexpired term ending November 30, 2000. (Pennycook)

0401.850 4. Reappointed Janet Brazelton to he Historical Advisory Commission for a four-year term expiring February 1, 2004. (Pennycook)

0400.975 5. Reappointed Mark Holbrook, Margaret Robbins, Lance Monosoff, Sal Nicita, and Jim Schofield to the County Service Area 50 Citizens Advisory Commission for a three-year term expiring January 1, 2003. (Potter)

0403.025 6. Appointed Helen Shaw, replacing Marilyn Clark to the Private Industry Council for her unexpired term ending June 15, 2001. (Full Board)

OTHER BOARD MATTERS:

6300.000 7. Board comments and referrals: Supervisor Pennycook reported on an Agenda that she received for a meeting that she will be attending on May 11th and 12th in Oakland as a member of the President's Advisory Commission on Agriculture and Natural Resources. She is pleased to announce that the Monterey County Research Center update on that agenda, and a team from Monterey County will be attending the meeting to make a presentation. Supervisor Potter requested that the plant, Genesta, be included in an Ordinance prohibiting the sale and planting of noxious weeds. Upon the recommendation of Supervisor Calcagno, the Board referred to the County Administrative Officer the matter of acquiring additional street cleaners by the Public Works Department, and placing this matter into the FY 2000-2001 Proposed Budget. Sally Reed, County Administrative Officer, stated that staff is looking at setting up a lengthy study session with the Board to discuss maintenance issues for public and private roads, the impacts of Proposition 218 on the County's ability to approve rate increases that are commensurate with increased levels of service, inflation, and increases in overhead in administrative costs, including all 46 County Service Areas (CSAs) and 6 County Sanitation Districts (CSDs). Discussing this before the General Plan Update would be desirable.

0600.025 8. County Administrative Officer’s Comments and Reports: None.

0602.350 9. Resolution No. 00-149: adopted Resolution commending Dennis L. Wagner for his dedicated service in the Department of Public Works as a Senior Road Maintenance Worker.

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

2050.000 10. Resolution No. 00-152: adopted Resolution proclaiming the week of May 14-20, 2000 as Bike Week in Monterey County.

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

2050.000 11. Resolution No. 00-153: adopted Resolution Proclaiming the month of May 2000 as Clean Air Month in Monterey County.

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

0601.525 12. Adopted letter of appreciation to Natividad Medical Center in recognition of May 7-13, 2000, as National Hospital Week. (Full Board)

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

1900.000 13. Approved the April 5, 2000 report of the Legislative Subcommittee including the staff report from Water Resource Agency, recommended positions on SB 1913 ( McPherson), SB 2177 (McPherson), SB 1327 (Escutia), AB 1836 (Bates), SB 1597 (O’Connell), SB 996 (Johnston) and information regarding MPUSD and the Water, Library and Park Bonds.

BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried, the Board approved the Legislative Subcommittee Report, and adopted Resolution No. 00-174, regarding Safe Harbors.

2050.000 14. Resolution No. 00-154: adopted Resolution congratulating Bob Farahmand on the success of the Windfall Restaurant over the last twenty-two years and his dedication to the community. (Pennycook)

BOARD ACTION: 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, upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried, the Board added the following:

1900.000 NA/1 Approved the May 2, 2000 Legislative Subcommittee recommendation to submit a preliminary list of Proposition 12 projects to Assembly Member Keeley's Office.

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

SCHEDULED MATTERS

9:45 a.m.

2050.000 S-5 PUBLIC COMMENT PERIOD: Hans Jongens addressed the Board concerning the gasoline additive, MTBE; urban sprawl; the use of farming as a solution to global warming; and the killing of salmon in Oregon.

10:10 a.m.

3150.000 S-6 Held public hearing to adopt a Negative Declaration and approve a Combined Development Permit (Bradshaw, PLN 980152) consisting of a Coastal Development Permit and a Standard Subdivision Tentative Map for the division of a 14.96 acre parcel into 6 parcels; a Coastal Administrative Permit for a small water system to serve the subdivision, tree removal (12 oaks), and grading (1,000 cubic yards); a Coastal Administrative Permit to convert an existing structure to a senior citizen unit on proposed parcel 6 and authorize pregrading of the subdivision improvements. The property fronts on and is northerly of Desmond Road in the North County area of the Coastal Zone. (Staff recommendation: Adopt the Negative Declaration, approve the Combined Development Permit, and authorize pregrading of subdivision improvements).

BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor Salinas, and unanimously carried, the Board adopted Resolution No. 00-175, thereby adopting the Negative Declaration and the Combined Development Permit.

10:25 a.m.

1700.000 S-7 Reviewed and approved Objectives for Enhanced Public Safety Programs throughout Monterey County.

BOARD ACTION: Presentation by Sally Reed, County Administrative Officer, received.

10:55 a.m.

6500.000 S-8 Held a public hearing in connection with tax-exempt

0125.000 financing for the Robert Louis Stevenson School; adopt a Resolution approving the Stevenson School financing to be undertaken by the California Statewide Communities Development Authority; approve indemnification agreement between Stevenson School and Monterey County.

BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor Johnsen, and carried by those members present with Supervisor Potter absent due to a potential conflict of interest, the Board adopted Resolution No. 00-177, approving the issuance of one or more series of bonds, and approved Agreement No.

A-08207, being an Indemnification Agreement between Robert Louis Stevenson School and the County of Monterey.

11:10 a.m.

2050.000 S-9 Approved application to the United States Postmaster for a change in ZIP code designation for residents of North Monterey County receiving mail through the Watsonville 95076 postal service and residing in the Community of Royal Oaks; and authorized the Chair and Supervisor Pennycook to sign.

BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor Johnsen, and unanimously carried, the Board approved the application, and authorized the Chair and Supervisor Pennycook to sign.

11:25 a.m.

5700.000 S-10 Meet with Superintendent Bill Barr to receive information regarding the Monterey Peninsula Unified School District.

BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried, the Board received the oral report.

1:30 p.m.

S-11 Closed Session relating to the following items:

6200.000 a. Conference with Legal Counsel - Existing Litigation

Name of Case: Jones/Fay v. County of Monterey et al.

Lewis Road Citizens’ Action Committee v. Salinas Valley Solid Waste Authority and County of Monterey

BOARD ACTION: No reportable action taken.

6200.000 b. Conference with Legal Counsel–Potential Litigation

Name of Case: Pebble Beach Co., Documentary Transfer Tax

Significant exposure to litigation pursuant to Section 54956.9(b) for one (1) case

BOARD ACTION: No reportable action taken.

0950.000 c. Conference with Labor Negotiators pursuant to Government Code Section 54957.6.

BOARD ACTION: No reportable action taken.

2:30 p.m.

2800.000 S-12 a. Public hearing to adopt an ordinance amending Monterey County Code, Title 12, Section 12.16.010 relating to traffic, to delete Bay Hill Road as a one-way highway, Pajaro area.

BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Pennycook, and unanimously carried, the Board adopted Ordinance No. 04058.

2800.000 b. Public hearing to adopt an ordinance amending Monterey County Code, Title 12, Section 12.44.200 relating to traffic, to establish a crosswalk on Spanish Bay Road, a private road in Del Monte Forest.

BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Pennycook, and unanimously carried, the Board adopted Ordinance No. 04059.

2800.000 c. Public hearing to adopt an ordinance amending Monterey County Code, Title 12, Section 12.28.010 relating to traffic, to establish no parking at any time on a portion of River Road.

BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Pennycook, and unanimously carried, the Board adopted Ordinance No. 04060.

2:50 p.m.

4600.000 S-13 Approved a finding that there are some unmet transits needs, including needs that are reasonable to meet, in the unincorporated areas of the County in Fiscal Year 2000-2001, allocate up to $37,440 for a demonstration transit project in North County, and allocate up to $15,000 for Special Transportation Service in North County.

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

ORDER FOR ADJOURNMENT TO TUESDAY, MAY 16, 2000 AT 9:30 A.M.

APPROVED:

__________________________________

Chair

ATTEST:

SALLY R. REED,

Clerk of the Board

By:_______________________________

Deputy

(Supplementary Sheet)

CONSENT CALENDAR

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

HEALTH AND SOCIAL SERVICES:

0601.100 15. Approved an Application to the State Department of Health Services in the Amount of $37,449 for continuation of the Dental Disease Prevention Program for the period July 1, 2000 through June 30, 2001.

0601.100 16. Approved the transfer of $7,000 of appropriations form Other Professional Services to Fixed Assets in the General Fund Budget Unit 411 Public Health for the purchase of Multimedia Projector and Computer Equipment for department presentations.

0125.000 17. Agreement No. A-08205: approved Behavioral Health Services Agreement with Odd Fellows-Rebekah Children’s Services d.b.a. Rebekah Children’s Services for the provisions of Mental Health Services in the amount of $367,295 effective October 1, 1999 through June 30, 2001; authorized the Interim Director of Health to approve amendments to the Agreement up to 50% of the annual amount.

CRIMINAL JUSTICE:

0125.000 18. Agreement No. A-08206: approved and authorized the Chair to sign Professional Medical Services Agreement with John R. Hain, M.D. for Forensic Pathology Services for the period June 1, 2000 through June 30, 2002.

GENERAL GOVERNMENT:

0600.027 19. Authorized the Acceptance of SB 1712 Grant Funds for Monitoring and Management of Pitch Canker in Monterey County by the Agricultural Commissioner, in cooperation with California State University Monterey Bay (CSUMB); authorized the Agricultural Commissioner to Sign Grant-Related Documents; increased revenues and expenditures for Fiscal Year 2000-2001.

0600.650 20. Amended Budget Unit 197 Graphics to recognize revenue in the amount of $140,000 and increased Appropriations by the same amount.

1150.000 21. Approved the Distribution of $11,000 in County Fish and Game Propagation Funds for Grant Projects During Fiscal Year 1999/2000.

0601.350 22. Accepted $243,023 in additional revenue and donations to the County Library Fund, recognized that revenue and those Donations as Revenue for Fiscal Year 1999-00, and approved directing the Auditor-Controller to appropriate that revenue for expenditure in the 1999-00 County Library Budget.

2800.000 23. Agreement No. A-03618 (Resolution No. 00-173): adopted

0125.000 Resolution of Intention to approve amendments to the contract between the County of Monterey and the Public Employees’ Retirement System to provide Section 21362 (2% at 50 Full Formula) and Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance) for specified Sheriff’s and District Attorney Safety Members per Section 20480 Statutes of 1999; and introduced, waived first reading, and set for hearing on May 23, 2000 at 10:50 a.m., an Ordinance to authorize the contract amendment.

0601.350 24. Resolution No. 00-176: approved receipt of the County’s share of State funds from the California Department of Corrections (CDC) to mitigate impacts from construction of an Administrative Segregation Unit at Salinas Valley State Prison; adopted a Resolution allocating said funds to the Soledad Library Project; and increased estimated appropriations and revenues in the amount of $38,000 in the County Library Fund.

2800.000 25. Introduced Ordinance amending Section 2.04.030 of Chapter 2 of the Monterey County Code relating to the Board of Supervisors, waived reading and set public hearing on Tuesday, May 16, 2000 at 11:30 a.m. relating to the time and place of regular meetings of the Board of Supervisors.

PLANNING AND BUILDING INSPECTION DEPARTMENT:

2800.000 26. Set a public hearing for May 16, 2000 at 10:30 a.m. to 1) adopt a Negative Declaration and a Resolution amending the Monterey County General Plan, Area Plans and the Carmel Valley Master Plan; and 2) introduced an Ordinance and waived the reading for amendments to Title 19 (Subdivisions) of the Monterey County Code to require proof of water for subdivisions before accepting a complete application and to delete Chapter 19.06 (Preliminary Maps) in its entirety.

PUBLIC WORKS:

0525.000 27. Awarded contract in the amount of $322,870.00, to Granite Rock Company d.b.a. Pavex Construction Division, the lowest bidder, for the construction of the Commercial Parkway Rehabilitation Project, Contract No. C00004-AT, Castroville area.

4600.000 28. Acceptance of the project list and priorities for

1350.350 short-term operational improvements on Carmel Valley Road and direction to the Public Works Department to proceed with design and construction.

BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Pennycook, and unanimously carried, the Board set this matter for hearing on Tuesday, May 23, 2000 at 10:20 a.m.

2800.000 29. Introduced, waived the reading, and set for hearing on May 23, 2000, at 2:30 p.m., an ordinance amending Ordinance No. 1241 relating to a road name change (a portion of Dormody Road to be renamed San Clemente Trail), Robinson Canyon area.