A C T I O N M I N U T E S
MONTEREY COUNTY BOARD OF SUPERVISORS,
MONTEREY COUNTY WATER RESOURCES AGENCY,
AND THE MONTEREY COUNTY REDEVELOPMENT AGENCY
TUESDAY, MAY 30, 2000 at 9:30 a.m.
Lunch Break From 12:00 Noon to 1:30 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 posting of the Agenda, upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried, the Board added the following for adoption and presentation:
2050.000 NA/1 Resolution No. 00-243: adopted and presented a Resolution honoring Harold Seyferth for his many contributions to public service and to the wider community. (Potter)
BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Johnsen, and unanimously carried.
The following addition is requested by Supervisor Salinas under "Other Board Matters:"
Adopt Resolution recognizing the Second Chance Youth Program on its 10th Anniversary for their dedicated service and contributions to the residents of Monterey County. (Salinas)
Upon the request of Supervisor Potter, the Board is asked to adjourn today's meeting in memory of Dominique Legrand-List, deceased.
The wording of Consent Item No. 12 is corrected to delete the words "Limited Term" from the Agenda Title, consistent with the recommended action contained in the Staff Report included in the Board's packets.
Adrienne Grover, County Counsel, read the following additions to Scheduled Matter No. S-11, Closed Session, set for 2:15, as follows:
Conference with Legal Counsel - Existing Litigation
Name of Case: Rohrback, et al. v. City of Oakland, et al.
State of California v. Phillip Morris
S-2 CONSENT CALENDAR - REGULAR [See Supplementary Sheet attached]
S-3 CONSENT CALENDAR - SPECIAL DISTRICTS
APPOINTMENTS:
Upon motion of Supervisor Pennycook, seconded by Supervisor Salinas, and unanimously carried, the Board approved the following appointments:
0400.250 1. Appointed Antonio Lopez to the Equal Opportunity Commission, replacing Martin Medina, to serve a term at the pleasure of the Board. (Salinas)
0400.435 2. Appointed Vickie Bamman to the Older Americans Advisory Council, replacing Ray Bolinger, for his unexpired term ending January 1, 2002. (Pennycook)
0400.775 3. Reappointed Warren F. Sutherland and Gretchen Cardinale to the County Service Area No. 15 Advisory Committee, for terms ending January 1, 2003. (Pennycook)
OTHER BOARD MATTERS:
6300.000 4. Board comments and referrals: Supervisor Johnsen presented the Chair of the Board with a check in the amount of $175,154 from the Fort Ord Reuse Authority (FORA) as a refund of unexpended funds from the East Garrison Gateway Project, repaying the matching funds that Monterey County made available so that an Economic Development Administration (EDA) loan could move forward. Supervisor Pennycook apprised the Board that in meeting with the Task Force on Restorative Justice they will be asking the Board to establish a Restorative Justice Commission. Supervisor Pennycook announced that she will be participating as a judge in the "Relay to Life." Supervisor Potter reported on the results of the Carmel Valley Road Improvement Committee meeting held last Wednesday. The Committee reaffirmed the improvements that were outlined at the Board meeting of Tuesday, May 23rd. There was also very strong support for further definition for the development of a design schematic for the Rio Road extension which has been discussed for many years. Upon his request, the Board referred this matter to the Public Works Director for evaluation and report back to the Board. There was also continued concern regarding the Via Mallorca intersection. Residents of the Hacienda community continue to believe that a stop light is the only solution. Upon the request of Supervisor Potter, the Board referred the matter of reducing the speed limit to 45 m.p.h. on Carmel Valley Road through that area to the Public Works Director and County Counsel. Upon the request of Supervisor Calcagno, the Board referred the matter of collecting property assessments from the State of California for the two prisons located near the city of Soledad, and for California State University at Monterey Bay (CSUMB) to help support Monterey County Water Resource Agency Zones 2A and 2B, to the Board's Legislative Sub-Committee for evaluation and report back to the Board.
0600.025 5. County Administrative Officer’s Comments and Reports: None.
2050.000 6. Resolution No. 00-239: adopted Resolution commending Jerry Willis upon his retirement after thirty years of teaching within the community of Gonzales. (Calcagno)
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried.
2050.000 7. Resolution No. 00-240: adopted Resolution thanking Vicki Bamman for eight years of outstanding service to Ombudsman for Long-Term Care of Monterey County. (Potter)
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried.
2050.000 8. Resolution No. 00-241: adopted Resolution commending Edgar Haber for his support of the American Heart Association and the fight against our nation's number one killer, Heart Disease and Stroke. (Pennycook)
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried.
2050.000 NA/2 Resolution No. 00-242: adopted Resolution recognizing the Second Chance Youth Program on its 10th Anniversary for their dedicated service and contributions to the residents of Monterey County. (Salinas)
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried.
SCHEDULED MATTERS
9:45 a.m.
2050.000 S-4 PUBLIC COMMENT PERIOD: Hans Jongens addressed the Board concerning the salmon issue and the proposed demolition of dams on the Snake River; regarding the planning practices by the Monterey County Planning and Building Inspection Department; and concerning boaters on Lake San Antonio and Lake Nacimiento using gasoline containing the additive MTBE.
10:00 a.m.
2800.000 S-5 Consider for future introduction a draft Ordinance which would create a mechanism for amortizing legal non-conforming public use airports, including the Carmel Valley Vintage Airfield.
BOARD ACTION: Supervisor Calcagno excused himself to avoid any appearance of conflict of interest based on his relation to the Carmel Valley Vintage Airport. Vice-Chair Edith Johnsen assumes the gavel and conducts this portion of the Board's meeting.
Upon motion of Supervisor Potter, seconded by Supervisor Pennycook, and carried by those members present with Supervisor Calcagno absent, the Board approved the following Staff recommendations, as modified to include the dual track proposal and the emergency aspect:
1. Referred the proposed draft Ordinance (of a substantially similar version further refined by Staff) to the Airport Land Use Commission and the Planning Commission for recommendations;
2. Directed staff to conduct an appropriate review of the draft Ordinance under the California Environmental Quality Act (CEQA); and
3. Concurrent with Recommendation Nos. 1 and 2, the Board referred the matter to Supervisors Potter and Pennycook to assemble an appropriate group comprised of the property owner, Mr. Delfino, affected neighbors, and potentially affected agencies to review options for consensus regarding the elimination of the non-conforming use.
10:45 a.m.
3600.000 S-6 Clarification of the intent and requirements of Condition 36 contained in Use Permit PLN990196 (California American Water Company, Carmel Valley Filter Plant Clearwell Project)
BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Johnsen, and unanimously carried, the Board directed staff to report back to the Board, as the calendar allows with a maximum of no longer than 45 days, a report on the progress that has been made by Cal Am to diligently pursue environmental review and permitting for construction access using alternative route 1 and 2.
11:20 a.m.
5100.000 S-7 Acting as the Board of Supervisors for the County of Monterey, the Board considered the following actions:
2800.000 a. Held public hearing to adopt an Ordinance amending the County Inclusionary Housing Ordinance, relating to the collection and use of Inclusionary Housing in-lieu fees, and establishing the County Affordable Housing, Over-the-Counter Funding Program.
5100.000 b. Considered approval the Guidelines and Program Procedures.
5100.000 c. Considered authorizing the Assistant County Administrative Officer-Environmental Resource Policy or designee to execute program contracts upon review and approval of the Housing Advisory Committee.
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Salinas, and unanimously carried by those members present with Supervisor Potter absent, the Board adopted a Resolution of Intention to approve the Staff's recommendations; re-introduced the Ordinance amending Section 18.40.050H., Paragraphs 2, 3, and 4 of the Monterey County Code (Inclusionary Housing Ordinance) to establish the County Affordable Housing, Over-the-Counter Funding Program, with amendments that allow an appeal of the decision by an interested person within 10 days after notice of the decision is given, and an appropriate level of appeal to the Board of Supervisors, or Board of Supervisors acting as the Board of Directors of the Redevelopment Agency as appropriate. This matter is continued, closed, to Tuesday, June 6, 2000 at 9:30 a.m. for approval on the Board's Consent Calendar.
The motion included a referral to County Counsel for report back within 30 days on whether it would be possible to amend that section to include Monterey County residency or employment as a requirement for occupancy of inclusionary housing units.
Acting as the Board of Directors of the Monterey County Redevelopment Agency, the Board considered the following actions:
5100.000 a. Considered approval the Guidelines and Program Procedures;
5100.000 b. Considered authorizing the Assistant County Administrative Officer-Environmental Resource Policy or designee to execute program contracts upon review and approval of the Housing Advisory Committee.
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Salinas, and unanimously carried with those members present with Supervisor Potter absent, the Board adopted a Resolution of Intention to approve the Staff's recommendations, provided directed to County Counsel, and continued this matter, closed, to Tuesday, June 6, 2000 at 9:30 a.m. for approval on the Board's Consent Calendar.
11:35 a.m.
3300.000 S-8 Held public hearing from the decision of the Planning Commission approving a Design Approval (DA980289), as amended by Design Approval DA000076, for Jorn and Kathleen Kluetmeier. (Appeal filed by Guy Benveniste) (Continued from Tuesday, May 23, 2000)
BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Johnsen, and unanimously carried, the Board adopted Resolution No. 00-248, approving the Design Approval request (DA000076) for Jorn and Kathleen Kluetmeier, thereby denying the appeal filed by Mr. Benveniste.
11:50 a.m.
2800.000 S-9 Public hearing to adopt an Ordinance amending Chapter 12.72 of the Monterey County Code to provide for the appointment by the Sheriff of a Vehicle Abatement Hearing Officer.
BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor Potter, and unanimously carried, the Board adopted Ordinance No. 04064, providing for the appointment by the Sheriff of a Vehicle Abatement Hearing Officer.
1:30 p.m.
0150.140 S-10 a. Workshop on FY 2000-2001 Recommended Budget.
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Salinas, and unanimously carried by those members present with Supervisor Potter absent, the Board received the presentation from Administrative Office staff members.
0150.140 b. Received the 2000-01 Appropriation Limits pursuant to Article XIIIB of the California Constitution, and set for June 12, 2000 at 9:50 a.m. as the date to establish these limits.
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Pennycook, and unanimously carried by those members present with Supervisor Potter absent.
2:15 p.m.
S-11 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.
6200.000 b. Conference with Legal Counsel-Existing Litigation
Name of 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: The Board ratified a Settlement Agreement in the amount of $150,000 in that case, which arose out of the execution of a search warrant.
c. Conference with Legal Counsel-Existing Litigation
Name of Case: State of California v. Phillip Morris
BOARD ACTION: No reportable action taken.
2:30 p.m.
2800.000 S-12 Monterey County Water Resources Agency: Public hearing to adopt an Ordinance repealing Ordinance No. 3672 and enacting in its place, this Ordinance regulating the licensing of docks at Nacimiento Lake and establishing dock licensing fees.
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Salinas, and unanimously carried by those members present with Supervisor Potter absent, the Board adopted Ordinance No. 004065, regulating the licensing of docks at Nacimiento Lake.
ORDER FOR ADJOURNMENT TO TUESDAY, JUNE 6, 2000 AT 9:30 A.M. IN MEMORY OF DOMINIQUE LEGRAND-LIST, 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 AND SOCIAL SERVICES:
0601.100 9. Resolution No. 00-244: approved Application for funding to the California Department of Conservation, Division of Recycling in the amount of $30,312 for beverage container recycling and litter cleanup activities for the period of July 1, 2000 through June 30, 2001; directed the County Administrative Office to incorporate changes into the FY 2000-01 Final Budget.
0110.000 10. Agreement No. A-07555: approved Amendment A-3 to Behavioral Health Services Contract Number 97-77212-000 with the State of California in the amount of $825,375 for FY 1999-00 for the provision of inpatient and outpatient services.
0601.100 11. Resolution No. 00-245: increased estimated revenues and
0150.139 appropriations in the amount of $183,856 in Budget Unit
0600.850 414, Environmental Health, for FY 1999-00; increased estimated cost applieds and appropriations in the amount of $98,000 in Budget Unit 107, Fleet Management, for FY 1999-00.
0110.000 12. Agreement No. A-08220: approved Agreement with the State Department of Health Services in the amount of $127,400 to conduct the California Drinking Water Source Assessment Program for the period of July 1, 2000 through June 30, 2002; amended Budget Unit 414, Environmental Health to add 1 FTE Environmental Health Specialist II position; directed the County Administrative Office to incorporate changes into the FY 2000-01 Final Budget.
0125.000 13. Agreement No. A-08035: approved and authorized Chair to sign Contract Amendment No. 1 and Agreement with Family Service Agency of Monterey County for provision of Kinship Support Services.
0125.000 14. Agreement No. A-08221: approved and authorized the Chair to sign an agreement with Hartnell Community College in the amount of $31,359 to provide specialized training as part of the Specialized Training for Adoptive Parents Program for FY 1999-2000.
0110.000 15. Agreement No. A-08222: approved and authorized the Chair to sign a Contract with the State of California Department of Aging for provision of Multipurpose Senior Services Program (MSSP) services.
CRIMINAL JUSTICE:
0125.000 16. Agreement No. A-07679: approved and authorized the Chair to sign Amendment No. 2, regarding annual price adjustment for Fiscal Year 2000-01, to Agreement No. A-07679 with the California Forensic Medical Group (CFMG), for medical, mental health and dental services to inmates at the Adult Detention Facilities.
0600.600 17. Resolution No. 00-246: approved grant application for continuation of Fiscal Year 2000/01 Statutory Rape Vertical Prosecution Program funds.
GENERAL GOVERNMENT:
6300.000 18. Approved minutes of the meeting of Tuesday, May 16, 2000, copies having been distributed to each Board member.
0600.750 19. Approved appointment of members to various political party central committees with insufficient nominees to cause an election March 7, 2000.
0125.000 20. Authorized the Director of Information Technology to enter into Phase I of a contract with Ericsson in the amount of $112,000.
0601.600 21. Resolution No. 00-247: authorized the Director of Parks to file an application with the State Office of Historic Preservation for a grant in the amount of $13,200 to conduct Phase Two of a Historic Resources Inventory of agricultural properties in the unincorporated areas of the County between Salinas and Soledad.
PUBLIC WORKS:
5900.000 22. Accepted Final Map, Tax Report, Deed Restriction and Covenants, Deed Restriction, Conservation and Scenic Easement Deed and Relinquishment of Density Credit, Conservation and Scenic Easement Deed, Indemnification Agreement, Road and Drainage Maintenance Agreement, Permit Approval Notice, Subdivision Title Guarantee, and Recording Fee for the Riley Ranch Subdivision, located off State Highway One, Point Lobos area, 7 lots.
SPECIAL DISTRICTS:
Upon motion of Supervisor Salinas, seconded by Supervisor Johnsen, and unanimously carried, the Board approved the following actions:
2800.000 23. Introduced Ordinance, waived the reading, and set for public hearing on June 20, 2000, at 10:00 a.m., an Ordinance relating to the operation of a wastewater system for the Carmel Valley County Sanitation District, Zone 2, Village Greens (CVCSD - Zone 2) for the establishment of the collection of service charges by use of a monthly billing system and to increase service charges.
2800.000 24. Introduced Ordinance, waived the reading, and set for public hearing on June 20, 2000 at 10:00 a.m., an Ordinance relating to the operation of a wastewater system for the Carmel Valley County Sanitation District, Zone 3, White Oaks (CVCSD, Zone 3) for the establishment of the collection of service charges by use of a monthly billing system and to increase service charges.