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

MONTEREY COUNTY BOARD OF SUPERVISORS

Tuesday, March 13, 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. 01-084: adopted and presented a Resolution commending Lydia Villarreal for her dedicated service on the Natividad Medical Center Board of Trustees. (Full Board)

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

S-2 Additions and corrections to Agenda

Upon motion of Supervisor Pennycook, seconded by Supervisor Potter, and unanimously carried, due to the need for Board action before the next regular Board meeting on issues which arose after the posting of today’s Agenda, the Board approved the following additions and corrections to the Agenda:

Upon the request of Duane Tanner, Probation Officer, the Board is asked to add the following Resolution under “Other Board Matters:”

Adopt Resolution commending Ken Arneecher upon his retirement from the Monterey County Probation Department after 32 years of public service. (Full Board)

Upon the request of Supervisor Johnsen, the Board is asked to add the following under “Appointments:”

Appoint Astrid Lange to the Community Restorative Justice Commission for a new term of office expiring March 13, 2003. (Johnsen)

The Board is asked to amend the title of Regular Item No. 13 under “Other Board Matters” to indicate that there are eight women being recognized by the Commission on the Status of Women, instead of ten.

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

S-4 CONSENT CALENDAR – SPECIAL DISTRICTS

S-5 PUBLIC COMMENT PERIOD: Robert Kennedy addressed the Board regarding Monterey County’s economy and the potential economic impacts of urban sprawl on the agricultural industry. Hans Jongens addressed the Board concerning the development of housing in Monterey County and on the health hazards of the gas additive called MTBE.

APPOINTMENTS:

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

0803.800 1. Reappointed Robert Spencer to the Board of Directors of the Salinas Rural Fire Protection District, for a four-year term expiring March 1, 2005. (Pennycook)

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

0803.375 3. Reappointed David Schooler, Sue Shaw, and Margaret Shirrel to the Moss Landing County Sanitation District Advisory Committee, for three-year terms expiring March 24, 2004. (Calcagno)

0400.450 4. Reappointed Debbie Etienne to the Area Development Disabilities Planning Board VII for a 4-year term expiring January 1, 2005. (Pennycook)

0400.435 5. Appointed James J. Barnett, replacing Janice Roberson, to the Older Americans Advisory Council for a term expiring January 1, 2004. (Potter)

1550.000 6. Appointed Carol Schneider, replacing Emelia Steen, to the Housing Authority of Monterey County for a term expiring November 7, 2002. (Johnsen)

0401.650 7. Appointed Nicole Cromwell, RN, MICN, replacing Linda Carter, to the Emergency Medical Care Committee for a term expiring July 1, 2003. (Full Board)

0401.560 7.1. Appointed Astrid Lange to the Community Restorative Justice Commission for a new term of office expiring March 13, 2003. (Johnsen)

OTHER BOARD MATTERS:

6300.000 8. Board comments and referrals: Supervisor Johnsen acknowledged receipt of a thank you note from Mrs. Luz and children for the letter of condolence in regards to Manuel Luz. Supervisor Johnsen also indicated that the Board is in receipt of a memo from John Arriaga, County lobbyist, regarding Assembly Bill 398, which has been set for hearing regarding the double-fine zones and safety enhancements on Highway 101 in the Prunedale area. Supervisor Pennycook addressed the loss of another County family member, Jan Gee, who past away due to a car accident and who had worked for the Elections Department and will be missed by all. Upon the request of Supervisor Pennycook, the Board referred a request from Mr. Kimall, resident of the Highway 68 area concerning the B-8 zoning district, to the County Administrative Officer for evaluation and report back to the Board. Upon the request of Supervisor Pennycook, the Board referred correspondence requesting a moratorium in the Highway 68 corridor to the County Administrative Officer. Supervisor Pennycook reported to the Board that the Restorative Justice Commission has been meeting, and they have a number of vacancies. She asked for appointments to be made by the Supervisors so the Commission can begin their important work. Supervisor Pennycook also reports that the Postal Service have indicated they would be supportive of having an area identifier of the Corral de Tierra area.

0600.025 9. County Administrative Officer’s Comments and Reports: Sally R. Reed, County Administrative Officer, introduced Steven Packer from the Community Hospital of the Monterey Peninsula (CHOMP) and acknowledged their support of the Seaside Clinic with a $110,000 contribution. Sally R. Reed then introduced Maia Carroll, recently appointed Director of Communications in the Administrative Office.

2050.000 10. Resolution No. 01-098: adopted Resolution congratulating Mary Magdalene Welch on her promotion as State Supervisor of Women, California Northwest Jurisdiction for exemplary and dedicated service to her church and community. (Johnsen)

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

2050.000 11. Resolution No. 01-099: adopted Resolution proclaiming the month of April 2001 as “Earthquake Preparedness Month: Ready to Ride It Out in Monterey County,” and directing the Office of Emergency Services to inform the public of earthquake related hazards and of appropriate measures to mitigate these hazards. (Full Board)

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

2050.000 12. Resolution No. 01-100: adopted Resolution congratulating Salinas Valley Water Coalition for their contributions to the County of Monterey and upon the occasion of its 10^th Anniversary. (Calcagno)

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

2050.000 13. Resolution Nos. 01-101 through 01-107; 01-114: adopted Resolutions honoring the Monterey County Commission on the Status of Women’s Ten Outstanding Women of Monterey County for 2001. (Full Board)

Res. No.	Recipient	Res. No.	Recipient
01-101	Sally Childs	01-102	Pam Norton
01-103	Ilene Tuttle	01-104	Sylvia M. Panetta
01-105	Jackie Craghead	01-106	Mary Ellen Harris
01-107	Rebecca Van Schoik	01-114	Gina Dial

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

2050.000 13.1 Resolution No. 01-097: adopted a Resolution commending Ken Arneecher upon his retirement from the Monterey County Probation Department after 32 years of public service. (Full Board)

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

SCHEDULED MATTERS

10:00 a.m.

0125.000 S-6 Bid Opening to lease land for agricultural purposes at San Lorenzo Park; call for oral bids; refer bids to the Parks Department for evaluation, if necessary; or award lease to highest bidder.

BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Pennycook, and unanimously carried, the written bid on file was opened and read to lease the agricultural land at San Lorenzo Park; call for oral bids held; Lease Agreement No. A-08513 approved with Mission Ranches for the term January 1, 2001 through December 31, 2005, in the amount of $300 per acre.

1400.000 S-7 Approved recommended response to the 2000 Monterey County Grand Jury Final Report (filed January 3, 2001) and authorize staff of the County Administrative Office to file approved final response with the Presiding Judge of the Consolidated Trial Courts on or before April 2, 2001.

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

0550.025 S-8 Presentation of Countywide Facilities Master Plan, Phase II – Salinas Courthouse Complex; approve related financing strategies and agreements for financial services.

BOARD ACTION: After discussion, by consensus the Board approved the following actions:

1. Received financial information on the County’s current financing capacity to implement the recommendations and direct staff to proceed with development of a final financial program;

2. Received the presentation from Gene Johnson, Capital Projects Director on the “Countywide Facilities Master Plan” which was prepared by Gensler; and

3. Discussed the recommendations in the Strategic Implementation Plan, as well as other master planning considerations.

Upon motion of Supervisor Armenta, seconded by Supervisor Pennycook, and unanimously carried, the Board approved staff recommendation Nos. 4 and 5, as follows:

4. Approved a policy of leveraging $500,000 of Tobacco Settlement Funds annually, for twenty-three years, for Health Facility Improvements. If the financing of the Tobacco Settlement Fund changes, then the County’s General Fund, faith and credit would make up the difference.

5. Approved a policy of leveraging $700,000 of Courthouse Construction Funds annually, for thirty years, for renovation of the North Wing. If in the future the court system is taken over by the state, this matter will continue to be the County’s responsibility, and the County will still have to make the bond payments.

Upon motion of Supervisor Potter, seconded by Supervisor Pennycook, and unanimously carried, the Board approved staff recommendation Nos. 6 and 7, as follows:

6. Agreement No. A-08514: approved and authorized the Chair to sign the Financial Advisory Agreement with Stone & Youngberg, LLC, for services on future bond issuance related to the Master Plan.

7. Agreement No. A-08515: approved and authorized the Chair to sign the Agreement for Special Counsel Services with Orrick, Herrington & Sutcliffe, LLP, to serve as Bond Counsel for implementation of the Master Plan.

Upon motion of Supervisor Pennycook, seconded by Supervisor Potter, and unanimously carried, the Board approved staff recommendation No. 8, as modified, as follows:

8. Directed staff to proceed with obtaining qualifications on architects and perform preliminary work for the consultant selection processes for architectural and engineering services.

Upon motion of Supervisor Calcagno, seconded by Supervisor Pennycook, and unanimously carried, the Board approved staff recommendation No. 9, as follows:

9. Directed staff to proceed with design and development of facilities for the Environmental Health Division, including a determination of the feasibility of remodeling the 3^rd floor of the old NMC building for that Division; and to budget for this project. The Board authorized utilization of funding from Budget Unit 414 and, as necessary, Tobacco Settlement revenue held in Budget Unit 165, Account 6701, Unspecified-Board Approval Required.

Upon motion of Supervisor Armenta, seconded by Supervisor Potter, and unanimously carried, the Board authorized the formation of a Board Sub-Committee to be appointed by the Chair, to be an exploratory venue to engage in conversation with the City of Salinas on the issue of parking and a joint approach to a parking facility, for report back to the Board.

Upon motion of Supervisor Calcagno, seconded by Supervisor Pennycook, and unanimously carried, the Board directs staff to organize a workshop within the next 30 days to look at the decision as to whether or not to concentrate the County facilities here at civic center based on the information necessary in terms of parking structure and the costs of those, and how that affects the alternatives.

12:00 Noon

Recess to Lunch

1:40 p.m.

S-9 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 v. County of Monterey et al. (Rancho Chualar)

Mudd v. County of Monterey

BOARD ACTION: No reportable action taken.

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

County Counsel

BOARD ACTION: No reportable action taken.

2:30 p.m.

2800.000 S-10 Public hearing to adopt an Ordinance amending Monterey County Code, Title 12, Chapter 12.72, relating to vehicles and traffic. (Abandoned Vehicles).

BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor Calcagno, and unanimously carried by those members present with Supervisor Potter absent, the Board adopted Ordinance No. 04097, relating to Abandoned Vehicles.

2:45 p.m.

3150.000 S-11 Continue the public hearing to Tuesday, April 17, 2001 at 2:30 p.m. for the Combined Development Permit for Sunridge Views (PLN990391) consisting of: 1) a Coastal Development Permit and Standard Subdivision for the division of a 25 acre parcel into 10 lots ranging in size from 1 to 7.8 acres; 2000 cubic yards of grading; pre-grading authorization; a mutual water system; construction of two water tanks and removal of one landmark tree (30” Cypress); and 2) a Coastal Development Permit for the demolition of a barn, greenhouse and conversion of an existing mobile home to a senior citizen’s unit. The site is located west of Maher Road at 250 Maher Road, (Assessor’s Parcel Number 127-252-009-000), North County, Coastal Zone.

BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor Armenta, and unanimously carried by those members present with Supervisors Calcagno and Potter absent, the Board continued this public hearing to Tuesday, April 17, 2001 at 2:30 p.m.

3600.000 S-12 Held public hearing on an appeal from Clinton and Margaret Eastwood (Cañada Woods LLC – PLN000614) from the decision of the Planning Commission denying their appeal on an Administrative Interpretation by the Director of Planning and Building Inspection that a Use Permit is required for proposed Carmel River Well No. 2 of the Cañada Woods Water System. (Continued from February 27, 2001)

BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Armenta, and carried with Supervisor Pennycook voting “No,” and Supervisor Potter absent, the Board adopted a resolution of intention to exempt from a use permit requirement the development of a replacement back up well within 200 feet of the Carmel River bank for the Cañada Woods Public Water System. The motion included direction to staff to bring back a resolution with findings, supporting evidence and conditions for final adoption on a future consent calendar.

ORDER FOR ADJOURNMENT TO TUESDAY, MARCH 20, 2001 AT 8:30 A.M. FOR A STRATEGIC PLANNING WORKSHOP IN MEMORY OF JAN GEE, MONTEREY COUNTY ELECTIONS OFFICIAL, AND CAROLINE PAGE, COMMUNITY LEADER.

APPROVED:

___________________________________

Chair

ATTEST:

SALLY R. REED,

Clerk of the Board

By:________________________________

Deputy

(Supplementary Sheet)

CONSENT CALENDAR

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

HEALTH AND SOCIAL SERVICES:

0601.100 14. Resolution No. 01-109: proclaimed state of local emergency relating to the spread of HIV among injection drug users in Monterey County.

0601.100 15. Resolution No. 01-110: reallocated 1.0 FTE vacant

0150.140 Supervising Public Health Nurse position to a Public Health Program Manager position, and directed the Auditor-Controller to amend the FY 2000-01 Health Department Budget Unit 411 to reflect the change in position count.

0110.000 16. Agreement No. A-08501: approved and authorized the

0150.140 Director of Health to sign Agreement #00-90958 in the amount of $79,225 for the Dental Disease Prevention Program for the period of July 1, 2000 through June 30, 2001; directed the Auditor-Controller to amend the Health Department Budget Unit 411, Public Health Projects, to add 1.0 FTE Chronic Disease Prevention Specialist II to the position count and increase estimated revenue and appropriations by $41,776.

0110.000 17. Agreement No. A-08502: approved and authorized the Director of Health to sign Agreement #00-90994 with the State Department of Health Services in the amount of $110,000 to implement the Project LEAN/Nutrition Network Program for the period October 1, 2000 through September 30, 2001.

0125.000 18. Agreement Nos. A-08503 and A-08504: approved and authorized the Director of Health to sign Agreements with the Monterey Peninsula Unified School District and Children’s Services International to establish a means of claiming Federal Financial Participation (FFP) for Medi-Cal Administrative Activities (MAA) in the total amount of $100,000 for FY 1999-00 and 2000-01.

0125.000 19. Agreement No. A-08505: approved and authorized the Chair to sign contract with San Francisco State University in the amount of $75,000 for the provision of Staff Training and procurement of Training Resources.

0602.550 20. Resolution No. 01-111: authorized the Director of the Department of Social Services to apply and receive funding to implement the Special Cold Weather Funding grant in Monterey County for the amount of $16,342.

0125.000 21. Increased appropriations and estimated revenues of $211,949; and approved amendments to contracts with various community agencies, as follows:

SUPPORTIVE SERVICES, TITLE III B
Agr #A-08267	Monterey County Ombudsman	$ 63,000

CONGREGATE NUTRITION, TITLE III C-1
Agr #A-08275	Alisal Union School District	$ 66,792
Agr #A-08278	North County Recreation and Park District	37,315

HOME-DELIVERED MEALS, TITLE III C-2
Agr #A-08280	Meals on Wheels of Salinas, Inc., Salinas Area	$ 85,560
Agr #A-08281	Meals on Wheels of Salinas, Inc, Rural Area	34,900
Agr #A-08282	Meals on Wheels of the Monterey Peninsula	87,950

U.S.D.A. REIMBURSEMENTS, HOME-DELIVERED MEALS
Agr #A-08290	Meals on Wheels of Salinas, Inc., Salinas Area	$ 66,995
Agr #A-08291	Meals on Wheels of Salinas, Inc., Rural Area	25,465

CONGREGATE NUTRITION/HOME-DELIVERED MEALS
Agr #A-08500	Ann Black, Professional Services Agreement	$ 30,000

HEALTH INSURANCE COUNSELING & ADVOCACY PROGRAM
Agr #A-08294	Alliance on Aging	$120,051

BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor Calcagno, and unanimously carried by those members present with Supervisor Potter absent, the Board approved the agreements as presented, with an amendment to Paragraph 4 of the Resolution, which, in addition to approving a contract with the Alliance on Aging for a Health Insurance Counseling and Advocacy Program. The amendment authorizes future amendments to that contract to be signed by the Director of Social Services with a cap not exceeding a change of $25,000. Amendments in excess of $25,000 would come back for Board authorization.

0125.000 22. Approved and authorized Chair to sign Agreements totaling $322,000 with community agencies for the provision of services to low-income people in the calendar year 2001, as follows:

Agr. No.	Agency	Service	Amount
A-0____	Alisal Community Healthy Start	Information Access Case Management Youth Services	$ 5,000 40,000 25,000
A-0____	Children’s Services Int’l	Youth Services Homeless Services	15,000 28,000
A-0____	Coalition of Homeless Service Providers	Ft. Ord Homeless Services	50,000
A-0____	Conflict Resolution and Mediation Center	Dispute Resolution	32,000
A-0____	Shelter Outreach Plus	Information Access Homeless Services Homeless Services Domestic Violence	5,000 27,000 5,000 65,000
A-0____	Women’s Crisis Center	Domestic Violence Intervention/Ed	25,000
		TOTAL	$ 322,000

CRIMINAL JUSTICE:

0602.250 23. Resolution No. 01-112: approved a Resolution authorizing the placement of applicable youth from Monterey County in Turning Point Academy.

0602.500 24. Increased appropriations and estimated revenues in Sheriff’s Budget Unit 230 in the amount of $7,100 for the purchase of a multi-drug trained canine to be used by Narcotic Enforcement Unit County of Monterey (NEUCOM).

GENERAL GOVERNMENT:

6300.000 25. Approved Action Minutes for the meeting of Tuesday, February 20, 2001, and Tuesday, February 27, 2001, copies having been distributed to each Board Member.

0900.000 26. Resolution No. 01-113: approved designation of County Staff authorized to obtain financial assistance in accordance with applicable provisions of the federal Department of Justice, Office of Justice Programs, Office of State and Local Domestic Preparedness (OJP) Fiscal Year 1999 State Domestic Preparedness Equipment Program.

0525.000 27. Awarded construction contract to Viborg Sand and Gravel, low bidder, in the amount of $35,932 for the base bid and alternate #3 for campsite paving at Lake San Antonio – South Shore, Bid No. 9436.

0125.000 28. Agreement No. A-08512: authorized Assistant County Administrative Officer – Environmental Resource Policy to amend contract with Ventures West in an amount not to exceed $40,000 for contract assistance to the Local Agency Formation Commission (LAFCO).

BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Armenta, and unanimously carried by those members present with Supervisor Potter absent.

PLANNING AND BUILDING INSPECTION DEPARTMENT:

5900.000 29. 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. (Continued from February 27, 2001)

BOARD ACTION: Upon motion of Supervisor Calcagno, seconded by Supervisor Pennycook, and unanimously carried by those members present with Supervisor Potter absent.

PUBLIC WORKS:

4600.000 30. Approved a finding that there are no unmet transit needs in the County unincorporated areas in Fiscal Year 2001-2002.

0525.000 31. Approved Plans and Special Provisions for the construction of the Merritt Street Curb, Gutter, Sidewalk, and Driveways, Project No. 01-866365, in Castroville.