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

MONTEREY COUNTY BOARD OF SUPERVISORS

TUESDAY, MAY 23, 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. 00-193: adopted and presented Resolution proclaiming May as "Foster Care Awareness Month" and recognizing the Maclovia Gomez Family as the Year 2000 Foster Family of the Year. (Full Board)

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

9:35 a.m.

6300.000 S-2 Additions and corrections to Agenda: Upon motion of Supervisor Pennycook, 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 the request of Supervisor Calcagno, the Board announced that this meeting will be adjourned in memory of Emilio Pozzi, businessman and long time King City resident; and Martin Jefferson, fourth generation farmer and cattleman in Monterey County for 50 years.

Upon motion of Supervisor Johnsen, seconded by Supervisor Pennycook, 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 the request of County Counsel, the Board approved the following additions and corrections to the Agenda:

Regarding Scheduled Matter S-10, consistent with the Agenda description for that item, the event that is referenced in the description has not occurred, therefore that item is removed from the Agenda altogether.

Added the following two items to the Closed Session:

Conference with Legal Counsel - Existing Litigation:

Case: Rohrback et al. v. City of Oakland et al. (US District Court Case No. C-99-1465CRB) pursuant to GC §54956.9.

Conference with Labor Negotiators regarding labor negotiations, pursuant to GC §54957.6.

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

APPOINTMENTS:

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

0401.810 1. Reappointed Harry R. Wiggins to the Hazardous Waste Management Advisory Committee for a three year term expiring May 3, 2003. (Calcagno)

OTHER BOARD MATTERS:

6300.000 2. Board comments and referrals: On behalf of Bob Farahmand, Supervisor Pennycook expressed his appreciation for the recent Resolution presented to him by the Board congratulating him on the success of the Windfall Restaurant for the last twenty-two years. Upon the request of Supervisor Pennycook, the Board referred the alleged use for agricultural purposes of a piece of property located at the end of Hidden Valley Road which was taken out of agricultural production as a condition of an approved project as a water offset, to the County Administrative Officer for evaluation and report back to the Board. Supervisor Pennycook announced that Senate Resolution (SR) 25 (McPherson; Vasconcellos) regarding the Central Coast Agricultural Research Center, was passed unanimously; however, the project was not included in the May revise. She will continue to work towards getting at least the $600,000 planning dollars earmarked.

0600.025 3. County Administrative Officer’s Comments and Reports: None.

1900.000 4. Approved the May 2, 2000 Legislative Subcommittee recommendation to support an increase in realignment growth funds for mental health programs, respond to the Health Care Financing Administration's intent to limit sole sourcing managed care contracts, support North County's Comprehensive Water Resources Management Plan and receive updates regarding the Water Resources Agency and the Commission on Local Governance for the 21st Century (AB 2838/Hertzberg).

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

4600.000 5. Resolution No. 00-194: adopted a Resolution proclaiming the week of May 21-27, 2000 as National Public Works Week. (Full Board)

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

SCHEDULED MATTERS

9:45 a.m.

2050.000 S-4 PUBLIC COMMENT PERIOD: Joe Tognetti addressed the Board concerning a claim that he submitted against the County of Monterey alleging civil rights violations by County employees.

10:00 a.m.

0650.000 S-5 a. Continued public hearing on Written Report of Service Charges to be levied on CSAs (County Service Areas) for Fiscal Year 2000-2001; maintaining service charge levels for specified service charges that are collected on the tax rolls; adopt resolutions approving CSA service charges for Fiscal Year 2000-01 for those certain CSAs that collect charges exclusively on the tax rolls; schedule continued public hearing in CSAs 69, 72 and 75. (Continued from May 16, 2000)

BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried, the Board adopted Resolution Nos. 00-200 through 00-235, approving the CSA service charges for Fiscal Year 2000-01.

0803.375 b. Continued public hearing on Written Report of Sewer Service Charges to be levied on Moss Landing County Sanitation District for the Fiscal Year 2000-2001; maintaining service charges at present level; adopt Written Report and Resolution certifying compliance with State Law. (Continued from May 16, 2000)

BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried, the Board adopted Resolution No. 00-236.

0800.125 c. Continued public hearing on Written Report of Sewer Service Charges to be levied on Boronda County Sanitation District for the Fiscal Year 2000-2001, maintaining service charges at present level; adopt Written Report and Resolution certifying compliance with State Law. (Continued from May 16, 2000)

BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried, the Board adopted Resolution No. 00-237.

10:15 a.m.

0125.000 S-6 Agreement No. A-08219: authorized the Chief Probation

0150.139 Officer to sign the Memorandum of Understanding with

0602.250 the Salinas Police Department to assign two (2) full-time Probation Officers to the Salinas Police Department's Violence Suppression Unit; approved the addition of one (1) full-time Probation Officer II position in Probation Budget Unit 255 for a seven-month period, beginning June 1, 2000; amended Probation Budget Unit 255 to increase estimated revenues and appropriations by $42,000.

BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried, the Board approved the Staff's recommendations.

10:20 a.m.

4600.000 S-7 Accepted project list and priorities for short-term operational improvements on Carmel Valley Road, accept public input, and direct the Public Works Department to proceed with design and construction. (Continued from May 2, 2000)

BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Pennycook, and unanimously carried, the Board accepted project list and priorities for short-term operational improvements on Carmel Valley Road, as amended by including the intersection of Loma del Rey at Carmel Valley Road for discussion purposes, and directed the Public Works Department to proceed with design work and construction. The motion included the additional language that the County Public Works staff will continue to work at the Road Committee level, using the staff's expertise, to hold further public discussions on design works in and around the Via Mallorca area, and with a discussion on the Loma del Rey intersection, to get the most improvements constructed with the limited dollars available. The motion included direction to the Public Works staff to do an evaluation of a variety of remedies, including a look at the speed differentials on Carmel Valley Road and time lines. The matter is hereby continued to Tuesday, June 6, 2000 at 10:20 a.m.

10:35 a.m.

4000.000 S-8 Public hearing from the decision of the Planning Commission approving a Design Approval (DA980289), as amended by Design Approval DA00076, for Jorn and Kathleen Kluetmeier. (Appeal filed by Guy Benveniste) (To be continued to Tuesday, May 30, 2000 at 11:35 a.m.)

BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Johnsen, and unanimously carried, the Board continued the Public Hearing, open, to Tuesday, May 30, 2000 at 11:35 a.m.

10:40 a.m.

0600.027 S-9 Accepted a presentation from the Agricultural Commissioner on the 1999 Annual Crop Report.

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

10:50 a.m.

2800.000 S-10 In the event agreement with affected employee bargaining units has been reached, conduct public hearing and adopt Ordinance amending the Contract between the County of Monterey and the Public Employees' Retirement System (PERS) 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 Officers per Section 20480 Statutes of 1999.

BOARD ACTION: WITHDRAWN FROM THE AGENDA

11:00 a.m.

1900.000 S-11 Approved the April 24, 2000 Legislative Subcommittee recommendation to support the proposed Resolution that provides that the Monterey County Board of Supervisors support the concept of registration and licensing of handguns in the State of California and in the rest of the nation and supports further review of legislation, especially, in regards to determining duplicative and/or relative new legislation.

BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried, the Board adopted Resolution No. 00-238, as presented.

1:30 p.m.

S-12 Closed Session relating to the following items:

6200.000 a. Conference with Legal Counsel– Existing Litigation

Name of Case: HYH Corporation v. County of Monterey (Case No. M 46616)

HYH Corporation v. County of Monterey (Case No. M 48551)

BOARD ACTION: No reportable action taken.

0950.000 b. Public Employee Discipline/Dismissal/Release - Government Code Section 54957.

BOARD ACTION: No reportable action taken.

6200.000 c. Provide instruction to its Negotiators regarding

0601.525 negotiation with the California Medical Assistance Commission (CMAC) for the provision of health care services. (Health and Safety Code Section 1461).

BOARD ACTION: No reportable action taken.

6200.000 d. Conference with Legal Counsel-Existing Litigation:

Case: Rohrback et al. v. City of Oakland, et al. (US District Court Case No. C-99-1465CRB) pursuant to GC §54956.9

BOARD ACTION: No reportable action taken.

0950.000 e. Conference with Labor Negotiators regarding labor negotiations, pursuant to GC §54957.6.

BOARD ACTION: No reportable action taken.

2:25 p.m.

0601.525 S-13 Authorized and approved the Chief Executive Officer of Natividad Medical Center to enter into negotiations for Emergency Services and Supplemental Payment Fund Distributions (SB 1255) with California Medical Assistance Commission (CMAC) and to authorize an intergovernmental transfer not to exceed $25.0 million dollars.

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

2:30 p.m.

2800.000 S-14 Held public hearing to adopt 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.

BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Johnsen, and unanimously carried, the Board adopted Ordinance No. 04063.

3:00 p.m.

0600.500 S-15 Attended meeting and reception with County Counsel Staff and touring of facility. (To be held in the County Counsel Office, 60 West Market Street, Suite 140, Salinas.)

ORDER FOR ADJOURNMENT TO TUESDAY, MAY 30, 2000 AT 9:30 A.M. IN MEMORY OF EMILIO POZZI, BUSINESSMAN AND LONG TIME KING CITY RESIDENT, AND MARTIN JEFFERSON, FOURTH GENERATION FARMER AND CATTLEMAN, DECEASED.

APPROVED:

___________________________________

Chair

ATTEST:

SALLY R. REED,

Clerk of the Board

By:________________________________

Deputy

(Supplementary Sheet)

CONSENT CALENDAR

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

NATIVIDAD MEDICAL CENTER:

0601.525 6. Resolution No. 00-195: adopted CalPERS Health Insurance

1590.000 Participation Resolution for Resident Physicans

0950.000 (Bargaining Unit R) and authorized Chair to sign.

HEALTH AND SOCIAL SERVICES:

0601.100 7. Resolution No. 00-196: approved application for continuation of an Enforcement Assistance Grant in the amount of $23,200 from the California Integrated Waste Management Board for the period of July 1, 2000 through June 30, 2001.

0125.000 8. Agreement No. A-08215: approved an Agreement with Anne Muraski for $26,942.47 to develop a brochure describing the Monterey County emergency medical services system for the period May 1, 1999 to June 30, 2000.

0602.550 9. Resolution No. 00-197: approved the increases and decreases in appropriations and estimated revenues in Budget Unit 535 - Out of Home Care and Budget Unit 551 - Aid to Indigents.

CRIMINAL JUSTICE:

0125.000 10. Agreement No. A-08216: approved and authorized the Chair of the Board of Supervisors to sign Agreement with County of San Benito for autopsy services provided by Monterey County Coroner Facility to become effective July 1, 2000.

0125.000 11. Agreement No. A-07688: approved and authorized Chair to sign Contract Amendment of $330,000 with California Forensic Medical Group for the provision of medical and mental health services for wards in the Juvenile Hall and Youth Center Facilities for Fiscal Year 2000-2001.

0602.500 12. Accepted guidelines and approved the proposed sideletter

0600.600 to implement the mandatory and voluntary fitness programs for General Safety, Safety Supervisory and Safety Management employees in the Sheriff's Department and District Attorney's Office.

GENERAL GOVERNMENT:

0600.750 3. Declared unanticipated revenue; recognized increase in

0150.139 estimated revenue and increased appropriations in the Election Department-Budget Unit #141.

PLANNING AND BUILDING INSPECTION DEPARTMENT:

4000.000 14. Approved the request of the Henry Miller Library to waive the Planning and Building Inspection fees for a Lot Line Adjustment to facilitate expansion of library facilities in the Big Sur area. Staff recommendation: Approve.

4000.000 15. Approved the request of the Carmel Fire Protection District to waive the Planning and Building Inspection fees for an Administrative Permit and Building Permits for the addition of sleeping facilities at the fire station on Via Contenta in the Carmel Valley Village area. Staff recommendation: Approve.

4000.000 16. Accepted a Conservation and Scenic Easement Deed and

0700.000 authorized the Chair to sign the deed with Clinton F. Miller, Jr. and Karen V. Miller (PLN980673), for property fronting on and northerly of Salinas Road, approximately 1 mile east of Highway One (APN 117-036-000), Pajaro area, North County. Staff Recommendation: Approval.

PUBLIC WORKS:

5400.000 17. Resolution No. 00-198: amended Personnel Policies and

0602.350 Practices Resolution No. 98-394 to add classification of

0150.139 Administrative Operations Manager and amended Public Works Budget Unit 300 to approve reallocation.

4600.000 18. Resolution No. 00-199: adopted Resolution amending the Mileage of Maintained County Roads.

0125.000 19. Agreement No. A-08217: approved Professional Services Agreement not to exceed $531,760 with Rajappan and Meyer, Consulting Engineers, Inc., for professional engineering services on the RSTP Intersection Improvement and Traffic Signal Project.

PUBLIC WORKS/SPECIAL DISTRICTS:

0125.000 20. Agreement No. A-08218: approved Professional Services Agreement not to exceed $102,000 with Green Line Liquid Waste Haulers for waste removal services for the period of July 1, 1999 through June 30, 2000.