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

MONTEREY COUNTY BOARD OF SUPERVISORS

Tuesday, February 27, 2001 at 9:30 a.m.

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

9:30 a.m.

2050.000 S-1 Resolution No. 01-079: adopted and presented a Resolution designating February 27 through March 27, 2001 as “Prevent a Litter Month;” and designating Tuesday, February 27, 2001 as “Spay Day USA.” (Full Board)

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

S-2 Additions and corrections to Agenda

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

Due to the need for Board action before the next regular Board meeting on issues that arose after the posting of today’s Agenda, the Board approved the following additions and corrections to the Agenda:

Upon the request of Supervisor Potter, the Board is asked to add adoption of the following Resolution under “Other Board Matters:”

Adopt Resolution honoring Gloria Mc Pherson as the recipient of the Monterey County Hospitality Association’s 2000 “Hospitality Professional of the Year” Award. (Potter)

Upon the request of Linda Butson, Capital Projects, the Board is asked to amend Consent Item No. 26 to delete the last sentence in the Agenda title to reflect the action proposed in the staff report, to now read as follows:

Adopt the Plans and Specifications for “Tenant Improvements at County of Monterey Coastal Offices” and authorize bids to be received no later than 2:00 p.m., Wednesday, March 14, 2001.

Upon the request of Supervisor Calcagno, the Board is asked to adjourn today’s meeting in memory of Tex West, deceased.

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

S-4 CONSENT CALENDAR – SPECIAL DISTRICTS

S-5 PUBLIC COMMENT PERIOD: Hans Jongens addressed the Board regarding urban sprawl and the gasoline additive MTBE.

APPOINTMENTS:

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

0400.774 1. Reappointed Greg Stefani and Mo Mohsin to the County Service Area (CSA) No. 14 Advisory Committee for three-year terms expiring March 1, 2004. (Calcagno)

0401.500 2. Reappointed Jean Richards to the Commission on the Status of Women for a three-year term expiring February 1, 2004. (Calcagno)

0400.250 3. Reappointed Jane Roberts, replacing Teresa Alvarado, to the Equal Opportunity Advisory Commission to serve a term at the pleasure of the Board. (Potter)

0401.560 4. Appointed Nancy Welsh to the Community Restorative Justice Commission for a term expiring February 27, 2003. (Potter)

0400.920 5. Reappointed Jim Vincent to the County Service Area (CSA) No. 45 Advisory Committee for a three-year term expiring January 1, 2004. (Pennycook)

0400.775 6. Reappointed Linda Avey to County Service Area (CSA) No. 15 Advisory Committee for a three-year term expiring January 1, 2004. (Pennycook)

0401.870 7. Appointed Shannon R. Hayes, replacing Geraldine Taplin, to the HIV/AIDS Advisory Committee for a four-year term expiring March 1, 2005. (Potter)

0401.955 8. Reappointed Donna Johnston to the Housing Advisory Committee for a two-year term expiring March 9, 2003. (Potter)

OTHER BOARD MATTERS:

6300.000 9. Board comments and referrals: Supervisor Pennycook asked for a status report on the 95076 postal service zip code issue; and announced that Community Safety Meetings will be held in the coming months in North Monterey County and in the Toro Area. She also reported that she has met with residents in the Corral de Tierra area who would also like to have their own community identifier. Supervisor Calcagno referred a request to the County Administrative Officer to develop permanent designated parking spaces for the Supervisors, which would be available every day for their use. Supervisor Potter referred the matter of certificates of compliance, specifically around the Funt Ranch, to County Counsel to examine the current process for authenticity and verification. Supervisor Johnsen concurred with Supervisor Potter, and requested staff report back to the Board on the certificates of compliance process.

0600.025 10. County Administrative Officer’s Comments: None.

2050.000 11. Resolution No. 01-080: adopted Resolution commending Edward Galvez as the 2000 Greenfield Chamber of Commerce “Citizen of the Year.” (Calcagno)

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

2050.000 12. Resolution No. 01-081: adopted Resolution commending John Gratiot, Deputy Probation Officer, upon his retirement from public service.

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

2050.000 13. Resolution No. 01-082: adopted Resolution commending Howard H. Classen, Chief Executive Officer, upon his retirement from Natividad Medical Center (NMC). (Calcagno)

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

2050.000 14. Resolution No. 01-085: adopted Resolution honoring Gloria Mc Pherson as the recipient of the Monterey County Hospitality Association’s 2000 “Hospitality Professional of the Year” Award. (Potter)

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

SCHEDULED MATTERS

10:00 a.m.

5900.000 S-6 Public hearing on the decision of the Planning Commission denying an application by Wayne Holman for Heritage Oaks – PLN980503, a standard subdivision to divide approximately 79 acres into 31 parcels, ranging in size from 1.1 acres to 15.91 acres; Use Permit for removal of approximately 295 oak trees; approval of Mitigation Monitoring Plan which includes mitigation for riparian areas and oak tree removal, on property located easterly of San Juan Road, approximately 600 feet southerly of the San Juan Road/Aromas Road intersection at the terminus of Rea Ave. (APN 267-123-031000 and 267-051-014-000), Aromas Area of North County Area Plan. (Appeal withdrawn by appellant)

BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Pennycook, and unanimously carried, the Board accepted the withdrawal

1000.000 S-7 Approved action plan for feasibility review of electrical power generation facility at the site of the National Refractories Plant in Moss Landing and authorized the County Administrative Office to retain additional expertise to explore this proposal.

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

10:15 a.m.

5900.000 S-8 Public hearing to consider approval of a license to

4600.000 allow ingress and egress over the non-access strip at the end of Via Cazador, Rancho Tierra Grande Subdivision, for a period not to exceed 90 calendar days, to allow drilling of exploratory water wells.

BOARD ACTION: Upon motion of Supervisor Potter,

seconded by Supervisor Johnsen, and unanimously carried, the Board continued this matter, closed to Tuesday, March 27, 2001 for receipt of:

1. Counsel’s analysis of impact of Meadows’ 1906 conveyance on the property owner’s ability to use water and the Board’s ability to grant a well driller’s license;

2. Staff’s confirmation of the property’s zoning designation and allowed uses thereunder; and

3. Details of the siting and associated impacts of the proposed wells.

10:45 a.m.

3300.000 S-9 Public hearing to approve an Administrative Permit (Lorenz Bohn – PLN990114) to construct a two-story, single-family dwelling, attached garage/carport, pool and pool house; and Design Approval on property located at the terminus of Phelps Way and located adjacent to and north of 3 Phelps Way (Assessor’s Parcel No. 187-141-017-000), in Carmel Valley, approximately one half mile east of Los Laureles Grace. (Request for continuance to Tuesday, March 27, 2001 at 10:30 a.m. received)

BOARD ACTION: Upon motion of Supervisor Potter,

seconded by Supervisor Calcagno, and unanimously carried, the Board continued the public hearing, open, to Tuesday, March 27, 2001 at 10:30 a.m.

11:30 a.m.

3600.000 S-10 Held public hearing to uphold the Administrative

5900.000 Interpretation of the Director of Planning and Building Inspection that requires a Use Permit for development of a new water well for the Cañada Woods Public Water System (File No. PLN000614). The project is located south of Carmel Valley Road and Williams Ranch Road and southeast of Carmel Greens Drive (Assessor’s Parcel Number 169-221-017-000), Mid-Carmel Valley area. Staff Recommendation: Uphold the Administrative Interpretation.

BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Pennycook, and unanimously carried, the Board approved a substitute motion to continue this matter, closed, to Tuesday, March 13, 2001 at 3:15 p.m. At that time staff will present the Board with a Resolution that will review the materials that have been provided; that will not require a Use Permit, but will attempt to find a compromise answer, and will present staff’s best advice on whether there is any possible chance that there is damage to the riparian area. Supervisor Johnsen requested staff to develop legal standards against which the Board is measuring these issues. Supervisor Pennycook stated that she does not want to see a precedent set here that will have impacts on other problems that could arise in the future.

12:00 Noon

Recess to Lunch

1:40 p.m.

S-11 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

BOARD ACTION: In regards to the matter of Oetiker v. County, in response to issues raised in this litigation, the Board directed that this matter appear on a regular agenda for consideration of the preparation of an EIR. No other action on this matter shall be considered at that time. No reportable action was taken regarding the cases of CACC et al. V. County of Monterey et al. (Rancho Chualar) and H-Y-H Corporation v. County of Monterey.

0950.000 b. Pursuant to Government Code section 54957, the Board will provide a performance evaluation for the following position:

County Administrative Officer

BOARD ACTION: No reportable action taken.

2:30 p.m.

4100.000 S-12 a. Consider and adopt Resolution prescribing policies for the receipt, retention and review of public records associated with land use matters.

BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Calcagno, and unanimously carried, the Board adopted Resolution No. 01-093, as amended.

2800.000 b. Introduced, waived reading, and conducted public hearing on an Ordinance amending Monterey County Code Section 5.28.020 relating to the provision of public records in electronic format and deleting references to extraordinary informational services; adopt a resolution amending the Monterey County Master Fee Resolution (Article 14, Sections B and C) to reflect appropriate charges for copies of public records and to delete references to extraordinary informational services.

BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Calcagno, and unanimously carried, the Board adopted Resolution No. 01-094, thereby approving staff’s recommendation, and setting the Ordinance for adoption on Tuesday, March 13, 2001 at 9:30 a.m.

0150.140 S-13 Approved recommended budget process for Monterey County

0401.872 Public Authority for In-Home Supportive Services.

BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Calcagno, and unanimously carried, the Board approved the staff’s recommendation, as follows:

1. Approved the recommended budget process for the Monterey County Public Authority for In-Home Supportive Services; and

2. Directed the County Administrative Office to return to the Board of Supervisors with an agreement between the County and the Authority for fiscal year 2001-02 that provides for an IHSS provider wage of $7.50 per hour. Execution of the agreement will depend on the effective date of the passage of the 2001-02 State Budget, which must include for funding of the IHSS share-of-costs at the level agreed to by the Authority and the County.

ORDER FOR ADJOURNMENT TO TUESDAY, MARCH 13, 2001 AT 9:30 A.M. IN MEMORY OF TEX WEST, DECEASED.

APPROVED:

___________________________________

Chair

ATTEST:

SALLY R. REED,

Clerk of the Board

By:________________________________

Deputy

(Supplementary Sheet)

CONSENT CALENDAR

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

NATIVIDAD MEDICAL CENTER:

0110.000 14. Agreement No. A-08492: approved and authorized the Chief Executive Officer, Natividad Medical Center, to sign the Standard Agreement for Emergency Medical Services Appropriations (EMSA) for reimbursement for uncompensated emergency services provided by physicians to the indigent population for FY 2000-2001.

HEALTH AND SOCIAL SERVICES:

0601.100 15. Resolution No. 01-086: proclaimed state of local emergency relating to the spread of HIV among injection drug users in Monterey County.

0110.000 16. Agreement No. A-08493: approved and authorized the Director of Health to sign Amendment #A01 to Agreement No. 99-85456 with the State Department of Health Services for claiming Federal Financial Participation for Medi-Cal Administrative Activities in the total amount of $220,000 for FY 1999-00.

0601.100 17. Resolution No. 01-087: added 1.0 FTE Health Education

0150.140 Assistant to perform health education and outreach activities, and directed the Auditor-Controller to amend the FY 2000-01 Health Department Budget Unit 411 to reflect the change in position count.

CRIMINAL JUSTICE:

0602.250 18. Resolution No. 01-088: approved and authorized the Chief Probation Officer to submit a grant application for the Juvenile Accountability and Incentive Block Grant to the State Office of Criminal Justice Planning.

0602.500 19. Resolution No. 01-089: approved increase in

0150.140 appropriations and estimated revenues in Sheriff’s Budget Unit 230 in the amount of $19,985 to provide finding for equipment for the Monterey County Youth Sports Program.

0602.500 20. Resolution No. 01-090: amended Sheriff’s Correctional

0150.140 Budget Unit 251 to increase part-time Senior Clerk position to full time, and increase appropriations and estimated revenues in the amount of $16,388 to be funded by the Inmate Welfare Fund.

GENERAL GOVERNMENT:

6300.000 21. Approved Action Minutes for the meeting of Tuesday, February 6, 2001, copies having been distributed to each Board Member.

5400.000 22. Resolution No. 01-091: amended the County’s Personnel Policies and Practices Resolution No. 98-394 (PPPR), Section A.25.1.a, to reflect actual vacation accrual schedule for Unit Z (Confidential Unit) employees which is identical to the vacation accrual schedule of Units J and F employees.

0403.825 23. Concurred with the Monterey County Workforce Investment

0602.550 Board’s (WIB) acceptance of $175,000 in CalWORKS

0150.140 Incentive funds from the Monterey County Department of Social Services (MCDSS) to provide Youth Employment Training Services; authorized the WIB Executive Director to coordinate the execution of these funds; and authorized the Auditor-Controller to increase Estimated Revenues and Appropriations to Special Revenue Fund 007, B.U. 565, by $175,000.

0600.030 24. Resolution No. 01-092: increased fiscal year 2000-2001

0150.140 Estimated Revenue and Appropriations totaling $424,000 in Budget Unit 118, Assessor, for the purpose of reducing existing work backlogs.

0602.400 25. Declared certain County property as surplus and authorized Purchasing agent to dispose of surplus property.

0525.000 26. Adopted the Plans and Specifications for “Tenant Improvements at County of Monterey Coastal Offices” and authorized bids to be received no later than 2:00 p.m., Wednesday, March 14, 2001.

0525.000 27. Directed the Capital Projects Manager to file Notice of Completion for the project “Mechanical System Improvements to the North Wing of the Courthouse in Salinas.”

PLANNING AND BUILDING INSPECTION:

5900.000 28. Accepted Final Map for 18 residential lots and 1 open space parcel, Tax Report, Subdivision Improvement Agreement, Subdivision Security, Notice (Water Conservation), Deed Restriction and Covenants, Deed of Trust with Assignment of Rents, Subdivision Title Guarantee, and Recording Fee for Standard Subdivision 970008 for Hal R. and Karen A. Shores, located north of Salinas Road, Pajaro area.

BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Pennycook, and unanimously carried, the Board continues this matter to Tuesday, March 13, 2001 at 9:30 a.m. on the Consent Calendar.

PUBLIC WORKS:

0525.000 29. Accepted Certificate of Completion for Contract No. 01-134002 and authorize execution of the Notice of Completion for the Via Mallorca Flashing Beacons Project.

SPECIAL DISTRICTS:

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

0650.045 30. Set for Public Hearing on April 24, 2001, at 10:00 a.m., to consider the increase of service charges for lighting and drainage services in the County Service Area No. 45 – Oak Hills Area.