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

MONTEREY COUNTY BOARD OF SUPERVISORS

AND THE MONTEREY COUNTY WATER RESOURCES AGENCY

Tuesday, February 20, 2001 at 9:30 a.m.

Lunch Break from 12:00 Noon to 1:40 p.m.

9:30 a.m.

S-1 Additions and corrections to Agenda

Upon motion of Supervisor Potter, seconded by Supervisor Calcagno, and unanimously carried, the Board approved the following additions and corrections to the Agenda:

The Public Hearing on Item S-11 will be held at 2:30 p.m., consistent with notices published for that item.

Due to the need for Board action before the next regular Board Meeting on an issue which arose after the posting of today’s Agenda, the Board is asked to approve the following actions:

Upon the request of Jan Hanson-Beardslee, Sr. Administrative Analyst, Office of Economic Development, the Board is asked to amend the following matter listed under Appointments:

4. Authorize the appointment of three new members to the Overall Economic Development Commission.

Upon the request of Supervisor Calcagno, add adoption of the following Resolution under “Other Board Matters:”

Adopt Resolution commending Sandy Vosti as the 2000 Soledad-Mission Chamber of Commerce Citizen of the Year. (Calcagno)

Upon the request of County Counsel Adrienne Grover, the Board is asked to add the following to the Closed Session Agenda:

Pursuant to Government Code section 54956.9(a), the Board will confer with legal counsel regarding the following items of existing litigation:

Vonnegut et al. v. State of California et al.

Save Our Peninsula Committee v. Board of Supervisors;

Sierra Club v. County of Monterey

Upon the request of Veronica Ferguson, Assistant County Administrative Officer, the Board is asked to add the following to the Closed Session Agenda:

Conference with Labor Negotiator pursuant to Government Code section 54957.6 affecting bargaining units A, B, C, M, and N.

Upon the request of Supervisor Pennycook, the Board is asked to adjourn today’s meeting in memory of Manuel L. Luz, deceased.

Upon the request of Supervisor Calcagno, the Board is asked to adjourn today’s meeting in memory of Jade A. Mansfield, Attorney at Law, Deceased.

S-2 CONSENT CALENDAR – REGULAR [See Supplementary Sheet attached]

S-3 CONSENT CALENDAR – SPECIAL DISTRICTS

2050.000 S-4 PUBLIC COMMENT PERIOD: Ken Dursa, Home Care Workers 817, asked the Board allow home care workers salary to be increased from minimum wage. Hans Jongens addressed the Board concerning the current energy crisis occurring in Monterey County, and asked that there be a building moratorium until the crisis has lapsed; he also spoke on the gas additive called MTBE.

APPOINTMENTS:

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

0401.550 1. Appointed Helen Stevenson, replacing Esther Rubio, to the Community Action Commission for a term expiring July 1, 2002. (Pennycook)

0400.250 2. Appointed Roque Ugale to fill an existing vacancy; and appointed Veronica Cruz, replacing Harry Gamotan; to the Equal Opportunity Advisory Commission, for terms expiring December 31, 2003. (Full Board)

0800.600 3. Appointed Marcos Quintero, replacing Lisa Caballero, to the Board of Directors of the North County Recreation and Park District, for a term expiring November 30, 2005. (Pennycook)

0402.800 4. Authorized the appointment of Richard M. Ely, Council Member, City of Carmel-by-the-Sea, and Jack D. Barlich, Mayor, City of Del Rey Oaks, and Michael Morrison, Council Member, City of Marina to the Overall Economic Development Commission for three year terms expiring June 30, 2004. (Full Board)

0403.425 5. Appointed Gloria Hall, replacing Robin McCrae, to the Social Services Commission for her unexpired term ending July 1, 2003. (Pennycook)

0403.450 6. Reappointed Ralph Kuchler, Edward Munson and Charlotte Townsend to the Monterey County Solid Waste Hearing Panel for two year terms. (Full Board)

OTHER BOARD MATTERS:

6300.000 7. Board comments and referrals: None.

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

1900.000 9. Approved the January 30, 2001 and February 6, 2001 reports of the Legislative Subcommittee including the staff report from the Monterey County Water Resources Agency and information regarding the proposed Veteran’s Cemetery, NACo Legislative Conference, the Governor’s 2001-2001 Budget Highlights and California Sea Lions. (Johnsen and Potter)

BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Armenta, and unanimously carried.

2050.000 10. Resolution No. 01-055: adopted Resolution commending John and Donna Myers, recipients of the 2000 King City Chamber of Commerce Citizens of the Year Award. (Calcagno)

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

2050.000 11. Resolution No. 01-056: adopted Resolution congratulating Investigator Martin Sanchez, Monterey County District Attorney’s Office, upon being selected by the Monterey County Peace Officers Association as Officer of the Year for 2001. (Johnsen)

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

2050.000 12. Resolution No. 01-057: adopted Resolution commending Dennis Stanley Wojciechowski, Deputy Sheriff, upon his retirement from the Monterey County Sheriff’s Department. (Full Board)

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

2050.000 13. Resolution No. 01-058: adopted Resolution commending Donald L. Oliver, Deputy Sheriff, upon h is retirement from the Monterey County Sheriff’s Department. (Full Board)

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

2050.000 14. Resolution No. 01-059: adopted Resolution commending Joseph D. Kennemer, Sheriff’s Sergeant, upon his retirement from the Monterey County Sheriff’s Department. (Full Board)

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

2050.000 15. Resolution No. 01-060: adopted Resolution congratulating the North Salinas High School and the Planning Committee of “A New Beginning” Celebration. (Armenta)

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

2050.000 16. Resolution No. 01-061: adopted Resolution commending Sandy Vosti as the 2000 Soledad-Mission Chamber of Commerce Citizen of the Year. (Calcagno)

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

SCHEDULED MATTERS

10:00 a.m.

0150.140 S-5 Received the 2000-01 Mid-Year Financial Report and an update on State budget issues; authorized budget adjustments in the General Fund for prior approved salary and benefit increased not in Final Budget for various representative employee units and management; and transferred appropriations within the General Fund to offset the costs of the General Plan update, and consultant services for the County’s general ledger system.

BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Armenta, and unanimously carried, the Board received the 2000-01 Mid-Year Financial Report and update on State budget issues, and approved the staff’s recommendations.

0400.410 S-6 Established an Americans with Disabilities Act (ADA) Advisory Commission to advise the Board of Supervisors on issues related to improving the welfare of people with disabilities who reside in Monterey County.

BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor Potter, and unanimously carried, the Board adopted Resolution No. 01-073, establishing the Commission as proposed by the Board’s subcommittee on Equal Opportunity.

1900.000 S-7 Pursuant to Legislation AB-1913, approved and authorized the Chief Probation Officer to submit and sign Monterey County’s Application for approval of Schiff-Cardenas Crime Prevention Act of 2000 funding regarding the submission of the Comprehensive Multi-agency Juvenile Justice Plan, as well as related contracts, amendments, or extensions with the State of California.

BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor Potter, and unanimously carried, the Board the staff’s recommendations.

11:00 a.m.

0802.400 S-8 Received an update of the status of the North Monterey County Comprehensive Water Resources Management Plan.

BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Pennycook, and unanimously carried, the Board received an update from Curtis Weeks, General Manager, Monterey County Water Resources Agency.

11:30 a.m.

5900.000 S-9 Adopted a Mitigated Negative Declaration and related Mitigation Monitoring Program and approve the Standard Subdivision for Fox Creek Ranch (PLN990012) to allow for the division of three existing parcels totaling 276 acres into 13 parcels and one open space parcel. The project site is located at 33750 Carmel Valley Road (Assessor’s Parcel Nos. 197-021-001.197-021-003 and 197-021-004), south of Carmel Valley Road and north of Cachagua Road, approximately one mile east of Carmel Valley Road and Cachagua Road intersection, in the Cachagua area.

BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Calcagno, and unanimously carried, the Board remanded this matter back to the Planning Commission for a subsequent hearing within 60 days. The Board is hopeful that this matter can be resolved at the Planning Commission level, and would come back to the Board only on appeal.

12:00 Noon

Recess to Lunch

1:40 p.m.

S-10 Closed Session relating to the following items:

6200.000 a. Pursuant to Government Code section 54956.9(a), the Board will confer with legal counsel regarding the following existing litigation:

CACC et al. v. County of Monterey et al. (Rancho Chualar)

Oetiker et al. v. County of Monterey et al.

H-Y-H Corporation v. County of Monterey

Vonnegut et al. v. State of California et al.

Save Our Peninsula Committee v. Board of Supervisors; Sierra Club v. County of Monterey

BOARD ACTION: The Board took no reportable action on the Closed Session items listed on the Agenda and added as urgency items.

0300.000 b. Pursuant to Government Code section 54956.9(b), the Board will confer with legal counsel regarding the following items of potential litigation:

Matter of Cozart

Claim of Clinton and Margaret Eastwood

Claim of Vickie Moon et al.

BOARD ACTION: The Board denied the claim of Vickie Moon et al. The Board took no other reportable action on the Closed Session items listed on the Agenda and added as urgency items.

0950.000 Conference with Labor Negotiator pursuant to Government Code section 54957.6 affecting bargaining units A, B, C, M, & N.

BOARD ACTION: No reportable action taken.

S-11 Public hearing to adopt Ordinances amending Title 12,, Traffic, as follows:

2800.000 a. Section 12.28.010 relating to Traffic, to establish “No Parking At Any Time” on a portion of Paul Avenue in Bolsa Knolls area.

BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Pennycook, and unanimously carried, the Board adopted Ordinance No. 04093.

2800.000 b. Sections 12.28.021 and 12.28.022 relating to Traffic, to correct the Monterey County Code Section Number pertaining to a commercial vehicle parking restriction between 10 p.m. and 6 a.m. on a portion of San Juan Grade Road.

BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Pennycook, and unanimously carried, the Board adopted Ordinance No. 04094.

2800.000 c. Section 12.24.020 relating to Traffic, to establish a stop intersection at the intersection of Assisi Way, Damian Way, and Damian Way (a private road), North Salinas Area.

BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Pennycook, and unanimously carried, the Board adopted Ordinance No. 04095.

2800.000 d. 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 Calcagno, seconded by Supervisor Pennycook, and unanimously carried, the Board adopted Ordinance No. 04096.

2:40 p.m.

0130.000 S-12 a. Received report from County Counsel regarding the February 17, 1999 lot line adjustment of APNs 422-161-008, -009, -010, -023, -036, -047, -048, and -050 (San Miguel area) for John Moore and Jim Exon/Trexon Investments LLC; considered and rejected rescission of that lot line adjustment in favor of: (1) accepting voluntary merger of certain adjusted parcels to meet minimum acreage consistent with General Plan designation; (2) authorizing simultaneous rescission of existing Land Conservation Agreements on the affected parcels and execution of new Land Conservation Agreements with subsequent purchasers Cockrell, Reinertson, and Dill; and (3) authorizing execution of new Land Conservation Agreement with Peggy Cockrell placing APN 422-161-057 (236 acres) under Williamson Act coverage.

BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Pennycook, and unanimously carried, the Board received the report and approved the staff’s recommendation. The motion included direction to staff to review the appropriate County records to make sure that the Williamson Act is attached to all of the Assessor’s parcels that are in agricultural preserve, so that anyone researching property titles will know immediately which properties fall under the Williamson Act.

4000.000 b. Received report from Division of Environmental Resource Policy regarding (1) the relationship of residential and agricultural uses in agricultural zoning districts and (2) lot line adjustment regulations as they pertain to nonconforming parcel sizes; directed staff to seek public input on staff proposals for revised administrative interpretations of existing regulations pertaining to those matters.

BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Pennycook, and unanimously carried, the Board received the report and approved the staff’s recommendation. Following the receipt of public input on staff proposals for revised administrative interpretations of existing regulations pertaining to those matters, staff is directed to report back to the Board on Tuesday, April 17, 2001 at 10:00 a.m.

3:00 p.m.

0200.050 S-13 Public hearing on the subject of alleged violations by American Telephone & Telegraph (AT&T) of the cable television franchise agreement; hear and consider relevant evidence; render findings and decision.

BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Pennycook, and unanimously carried, the Board received public testimony and approved the staff’s recommendations to direct County Counsel to prepare written findings and decision in the matter consistent with the Board’s action and resubmit the findings and decision for Board approval at a subsequent meting.

ORDER FOR ADJOURNMENT TO TUESDAY, FEBRUARY 27, 2001 IN MEMORY OF MANUEL L. LUZ AND JADE A. MANSFIELD, DECEASED.

APPROVED:

___________________________________

Chair

ATTEST:

SALLY R. REED,

Clerk of the Board

By:________________________________

Deputy

(Supplementary Sheet)

CONSENT CALENDAR

Upon motion of Supervisor Armenta, seconded by Supervisor Potter, and unanimously carried, the Board approved the following actions, except as otherwise noted:

HEALTH AND SOCIAL SERVICES:

0601.100 16. Approved and authorized the Monterey County Health Department, Director of Behavioral Health, to submit the renewal application to the State Department of Mental Health for the Substance Abuse and Mental Health Services Administration Block Grant in the amount of $1,090,072 for FY 2000-01 to provide services for chronic mentally ill adults and severely emotionally disturbed children.

0601.100 17. Designated the Monterey County Health Department as the lead County agency for purposes of administering the local Substance Abuse and Crime Prevention Trust Fund; agreed to comply with the provisions of the Substance Abuse and Crime Prevention Act; directed the Auditor-Controller to establish a local Substance Abuse and Crime Prevention Trust Fund for revenues received pursuant to the Act.

0601.150 18. Resolution No. 01-062: added 2.0 FTE Psychiatric Social

0150.140 Worker II positions to the Behavioral Health Division to support expanded Mental Health Managed Care Assessment Services and directed the Auditor-Controller to amend the FY 2000-01 Health Department Budget Unit 415 to reflect the change in position count.

0110.000 19. Agreement No. A-08486: approved Agreement 01F-4025 in the amount of $91,190 with the California Department of Community Services and Development for 2001 Community Services Block Grant funds.

0125.000 20. Agreement No. A-08487 through A-08490: approved and authorized Chair to sign agreements totaling $190,000 with community agencies for the provision of services to low-income people in 2001; increase appropriations and estimated revenues in the amount of $60,000, as follows:

Agr #	Agency	Account #	Service	Amount
A-08487	Alisal Healthy Start	001-501-5010-6449 001-501-5010-6449 001-501-5010-6449	Information Access Case Mgt/Parent Ed Youth Services	$ 6,000 10,000 10,000
A-08488	Children’s Services Int’l	001-501-5010-6449	Case Mgt/Parent Ed	80,000
A-08489	Together In Pajaro	001-501-5010-6449 001-501-5010-6449 001-501-5010-6449	Information Access Youth Services Case Mgt/Parent Ed	14,000 25,000 10,000
A-08490	Women’s Crisis Center	001-501-5010-6449 001-501-5010-6449	Case Mgt/Parent Ed Youth Services	20,000 15,000

CRIMINAL JUSTICE:

0602.250 21. Resolution No. 01--74: approved and authorized the Chief Probation Officer to submit an application to the U. S. Department of Justice for an Enhancement Grant for the Juvenile Drug Court Program.

0125.000 22. Agreement No. A-08495: approved and authorized the

0602.250 Chief Probation Officer and Sheriff to sign Memoranda of Understanding with Local Partners for a Collaborative Participation in the Gang Violence Reduction Project; amended Probation Budget Unit 255 to increase appropriations and include addition of two new positions in Probation Budget Unit 255 for Fiscal Year 2000-01.

0602.500 23. Resolution No. 01-075: amended Sheriff’s Budget Unit

050.140 230, FY 2000-01 to increase appropriations and estimated revenues and add one position for Gang Violence Reduction Program Services.

0602.500 24. Approved an Application and Order for Destruction of Records for the Sheriff’s Department.

0110.000 25. Agreement No. A-08496: approved and authorized the

0602.500 Sheriff to sign Agreement with the State of California

0150.140 Commission on Peace Officers Standards and Training for Management Fellowship Program for the period February 1, 2001 through January 31, 2002; increased appropriations and estimated revenues in Sheriff’s Budget Unit 251, FY 2000-01.

0602.500 26. Approved and authorized the Sheriff to submit a Demonstration Grant Application with the State of California, Board of Corrections, for a Mentally Ill Offender Crime Reduction Program.

2800.000 27. Introduced, waived reading and set for public hearing on Tuesday, March 13, 2001 at 2:30 p.m. an Ordinance amending Monterey County Code, Title 12, Chapter 12.72, relating to Vehicles and Traffic (Abandoned Vehicles).

0125.000 28. Agreement No. A-08497: approved and authorized the Sheriff to sign Professional Services Agreement with 2^nd Chance Youth Program for Gang Violence Reduction Program Services, Budget Unit 230, FY 2000-01.

0525.000 29. Awarded contract to Dilbeck & Sons, Inc. to construct the project “Refurbish Existing Shower/Toilet Areas of Wings B, C, D, E and F at the Monterey County Men’s Rehabilitation Facility” in the amount of $372,618 including change order contingencies.

GENERAL GOVERNMENT:

6300.000 30. Approved Action Minutes for the meeting of Tuesday, January 30, 2001, copies having been distributed to each Board Member.

5400.000 31. Resolution No. 01-076: approved an amendment to Section A.20.1 of the County’s Personnel Policies and Practices Resolution No. 98-394 (PPPR), to reflect the appropriate life insurance coverage provided to each employee unit.

0600.150 32. Resolution No. 01-077: increased the Monterey County

0150.140 Office for Employment Training 2000-2001 revenue and appropriations budget by $3,830,115 to include the final allocations and carry-in dollars made available pursuant to the 1998 Workforce Investment Act.

0602.750 33. Approved amendments to the Treasurer’s Investment Policy.

0525.000 34. Approved the Budget Adjustment within Fund 010, BU 165,

0150.140 Services and Supplies (6499) to Fixed Assets (6711) of $1,000,000 for the improvements at the County of Monterey Coastal Offices (former Fort Ord CID Building); adopted the Plans and Specifications for “Electric Switchgear for County of Monterey Coastal Offices” and authorized bids to be received no later than 2:00 p.m., Wednesday, March 7, 2001; approved the related Architectural Services Agreement with Wald, Ruhnke & Dost Architects, LLP, for $51,050.

0525.000 35. Rejected all bids received on January 20, 2001 for Boat Launch Area Improvements at Lake San Antonio, Bid No. 9416.

0110.000 36. Agreement No. A-08499: approved and executed Memorandum of Understanding with California State Department of Boating and Waterways for Park Ranger Training Reimbursement for Fiscal Year 00/01; and authorized the Director of Parks to sign.

0525.000 37. Authorized acceptance of work and file Notice of Completion for the fourth and final fiscal quarter of the Annual Maintenance of Park Roadways at Laguna Seca Recreation Area, Bid No. 9349.

0125.000 38. Resolution No. 01-078: approved Resolution declaring intent to lease County land in San Lorenzo Park for agricultural purposes and authorize Parks Director to solicit bids.

PLANNING DEPARTMENT:

1351.850 39. Resolution Nos. 01-064 & 01-083 (Ordinance No. 0-4092): reaffirmed adoption of a Negative Declaration, adopted a Resolution acknowledging receipt of a Coastal Commission Letter certifying an amendment to the Monterey County Local Coastal Program and adopted a modified Resolution and Ordinance initiated by File PC94037 (Monterey County Agricultural and Historical Land Conservancy and The Nature Conservancy, Elkhorn Slough, North County Land Use Plan).

3150.000 40. Accepted a Conservation and Scenic Easement Deed and authorize the Chair to sign the deed with Roger and Sally Post (PD000157 – Post) for property located at 5 Vista Ladera, Carmel Valley Area (APN 1897-111-003-000).

PUBLIC WORKS:

0525.000 41. Resolution No. 01-065: accepted Certificate of Completion for Contract No. C00003-AS and authorized execution and recordation of Notice of Completion for the Carmel Valley Road Slide Area, Storm Damage Project.

0525.000 42. Resolution No. 01-066: accepted Certificate of Completion and authorized execution of the Notice of Completion for Chualar Well No. 4 Pump Station, Project No. 01-817544, County Service Area No. 75.

0125.000 43. Agreement No. A—08491: approved Professional Services Agreement with URS Corporation in an amount not to exceed $1,240,000 for construction management services for bridge seismic retrofit at various locations.

4600.000 44. Resolution No. 01-067: amended Public Works Budget Unit 300 to authorize the purchase of a new Paint Gun Assembly Carriage and Linear Gun Actuator for Centerline Striper; approved the transfer of $10,750 within Budget Unit 300 from Services and Supplies to Fixed Assets.

0525.000 45. Resolution No. 01-068: approved request to California Department of Transportation to use the Alternative Construction Progress Payment Procedure for the Seismic Retrofit Project BRLSZD-5944(043) Elkhorn Bridge.

0525.000 46. Resolution No. 01-069: approved request to California Department of Transportation to use the Alternative Construction Progress Payment Procedure for the Seismic Retrofit Project BRLSZD-5944(053) Gonzales River Bridge.

0525.000 47. Resolution No. 01-070: approved request to California Department of Transportation to use the Alternative Construction Progress Payment Procedure for the Seismic Retrofit Project BRLZ-5944(055) Monte and Davis Bridges (135 and 208).

0525.000 48. Resolution No. 01-071: approved request to California Department of Transportation to use the Alternative Construction Progress Payment Procedure for the Seismic Retrofit Project BRLZ-5944(054) Biggs Six Bridges (417, 418, 426, 438, 447, and 450).

0525.000 49. Resolution No. 01-095: approved request to California Department of Transportation to use the Alternative Construction Progress Payment Procedure for the Seismic Retrofit Project STPLZ-5944(051) Boyle Six Bridges (314, 320, 325, 403, 409, and 422).

0525.000 50. Resolution No. 01-096: approved request to California Department of Transportation to use the Alternative Construction Progress Payment Procedure for the Seismic Retrofit Project BRLZ-5944(050) Dokken Five Bridges (106, 213, 522, 526, and 540).

SPECIAL DISTRICTS:

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

0125.000 51. Agreement No. A-08494: approved Professional Services Agreement with Geomatrix Consultants, Inc. in an amount not to exceed $29,700 for preparation of Reports of Waste Discharge (RWD) for the Bradley, San Ardo, Lake San Antonio North Shore, and Lake San Antonio South Shore Landfills.

0650.000 52. Resolution No. 01-072: approved initial listing of extended services for County Service Areas for Fiscal Year 2001-02.