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

MONTEREY COUNTY BOARD OF SUPERVISORS AND

THE MONTEREY COUNTY REDEVELOPMENT AGENCY

Tuesday, March 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. 01-120: Adopted and presented a Resolution proclaiming the week of April 1 through 7, 2001, as Public Health Week in Monterey County.

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

2050.000 S-2 Resolution No. 01-115: Adopted and presented a Resolution designating March 18, 2001 through March 24, 2001, as, "National Agriculture Week," and designating Tuesday, March 20, 2001 as, "National Agriculture Day." (Calcagno)

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

S-3 Additions and corrections to Agenda

Additions & Corrections to 3/27/01 Board of Supervisors Agenda:

The item previously noticed for 10:30 am today, regarding a public hearing on an application from Lorenz Bohn (PLN990114) from decision of the Zoning Administrator denying his application for an Administrative Permit and Design Approval for the construction of a 7,213 sq. ft., two-story single family dwelling with pool and pool house on property located at the north end of Phelps Way (APN 187-141-017-000), Carmel Valley Master Plan, was pulled from today's agenda during agenda review & moved to April 24^th at 4pm; new legal notices will be mailed out to notify the public of the new hearing time.

9:40 a.m.

S-4 CONSENT CALENDAR – REGULAR [See Supplementary Sheet attached]

S-5 CONSENT CALENDAR- SPECIAL DISTRICTS

S-6 CONSENT CALENDAR- REDEVELOPMENT AGENCY

APPOINTMENTS:

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

0401.750 1. Reappointed Kevin Kreyenhagen to the Fish and Game Advisory Commission for a term expiring February 1, 2004. (Potter)

1550.000 2. Reappointed York Gin to the Housing Authority for a term expiring April 1, 2005. (Pennycook)

0403.770 3. Appointed Morris Dickson, replacing D. Peter Young, to the Veterans Services Advisory Commission for a term expiring January 1, 2004. (Pennycook)

0401.622 4. Reappointed Bob Holmes and John Adams to the Domestic Violence Coordinating Council as an alternate, for terms expiring January 2, 2005. (Potter)

0401.810 5. Reappointed Art Barrientos to the Hazardous Waste Management Advisory Committee for a term expiring March 27, 2004. (Pennycook)

0400.774 6. Reappointed Jess Estrada and Greg Birch to the County Service Area (CSA) 14 Advisory Committee for terms expiring March 1, 2003 and reappointed Polly Jimenez to the County Service Area (CSA) 14 Advisory Committee for a term expiring March 1, 2004. (Pennycook)

0402.800 7. Appointed Maria Orozco and Christopher Bourke to the Overall Economic Development Commission for terms expiring June 30, 2004. (Full Board)

0400.250 8. Appointed Charlene Wiseman to the Equal Opportunity Advisory Commission, replacing John Pinio, for a term ending December 31, 2003. (Full Board)

OTHER BOARD MATTERS:

6300.000 9. Board comments and referrals: Supervisor Pennycook distributed literature to the Board regarding Pierce’s Disease and Sudden Oak Death Syndrome. She attended a Presidents Agricultural Commission Advisory meeting in Oakland which spoke on those issues as well as the research station. She also addressed a community meeting held in the Corral de Tierra area regarding establishing a community identifier. She also reported that she and Supervisor Calcagno will be holding a community safety meeting in the North Monterey County area. Upon the request of Supervisor Calcagno, the Board referred the matter of financing capital expenditures for courthouse building facilities to the County Administrative Office Public Relations Office to clarify the process for the news media. Upon the request of Supervisor Armenta, the Board requested the County Administrative Officer to have a legislative staff member attend the next meeting of the Four County Agricultural Housing Task Force to offer input on agricultural housing bills from the California Legislature.

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

2050.000 11. Resolution No. 01-116: adopted Resolution congratulating Roger Williams, Public Safety Director for the City of Marina, on his retirement.

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

1900.000 12. Approved the February 27, 2001, report of the Legislative Subcommittee including the staff report from Water Resources Agency, information regarding mental health funding, Hertzberg's Commission on Regionalism, AB 315 (Dutra), SB 74 (Spier), SB 94 (Torlakson), AB 879 (Keeley), and received follow-up discussion regarding the proposed Navy test bombing range at Fort Hunter Liggett and received the Department of Commerce's report to Congress regarding California Sea Lions.

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

SCHEDULED MATTERS

9:45 a.m.

2050.000 S-7 Resolution No. 01-108: adopted resolution honoring César Estrada Chávez on his birthday for his leadership and self-sacrifice for our community.

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

(Reception followed in East Wing Conference Room No. 221)

10:30 a.m.

2050.000 S-8 PUBLIC COMMENT PERIOD: None.

0600.025 S-9 Workshop on Non-Program Revenue.

0150.140 BOARD ACTION: Rosie Pando, Assistant County Administrative Officer-Fiscal and Organizational Policy, and Al Friedrich, Chief Budget Analyst presented an overview of the Non-Program Revenue issues contained in the budget. Upon motion of Supervisor Calcagno, seconded by Supervisor Pennycook, and unanimously carried, the Board received the report.

0525.000 S-10 Adopted plans and specifications for the projects, "Primary Electrical Service," and "Court Holding Facility;" directed Clerk to advertise for bids to be opened at 2:00 p.m., Monday, May 14, 2001.

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

0525.000 S-11 Awarded contract to William A. Thayer Construction for the project, "Tenant improvements for coastal offices," in the amount of $685,132, including change order contingencies.

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

11:00 a.m.

6200.000 S-12 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:

H-Y-H Corporation v. County of Monterey, et al (Rancho San Juan)

BOARD ACTION: No reportable action taken.

12:00 noon

Recess to lunch

1:40 p.m.

6200.000 S-13 Closed Session relating to the following items:

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

Vonnegut, et al v. Department of Transportation, et al

BOARD ACTION: The Board confirmed settlement of this case in the amount of $30,000.

Mudd v. County of Monterey

BOARD ACTION: No reportable action taken.

0950.0000 b. Pursuant to Government Code Section 54957, the Board will provide a performance evaluation for the following position:

General Manager, Monterey County Water Resources Agency

BOARD ACTION: No reportable action taken.

2:30 p.m.

4000.000 S-14 Continued public hearing (closed) on issue of approval

5900.000 of a license to allow ingress and egress over the non-access strip at the end of Via Cazador, Rancho Tierra Grande Subdivision, for receipt of:

a) 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;

b) Staff's confirmation of the property's zoning designation and allowed uses there under; and

c) Details of the siting and associated impacts of the proposed wells. (Continued from 2/27/01)

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

4000.000 S-15 Resolution No. 01-133: reaffirmed Board policy

5900.000 direction, denial of residential subdivisions in Carmel Valley (Resolution 99-379), until March 28, 2002.

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

ORDER FOR ADJOURNMENT TO TUESDAY, APRIL 3, 2001 AT 9:30 A.M.

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:

NATIVIDAD MEDICAL CENTER:

0601.525 13. Resolution No. 01-121: approved application and order of destruction of records for Natividad Medical Center.

HEALTH AND SOCIAL SERVICES:

0125.000 14. Agreement No. A-0-8516: approved and authorized the Chair to sign an agreement with Hartnell Community College District in the amount of $88,162 to provide specialized training as part of the specialized training for adoptive parents program for fiscal year 2000-2001.

0601.100 15. Resolution No. 01-122: amended Health Department Budget Unit 440, Children's Medical Services, to increase .5 FTE Occupational Therapist-Physically Handicapped Children to .75 FTE; Increased estimated revenue and appropriations in the amount of $15,936 for fiscal year 2000-2001.

0125.000 16. Agreement No. A-08517: approved and authorized the Director of Health to sign Behavioral Health Services agreement with Daystar Residential Inc. for the provision of mental health services in the amount of $32,880, effective November 1, 2000 through June 30, 2001.

0125.000 17. Agreement No. A-08246: approved and authorized the Director of Health to sign Amendment No. 1 to Behavioral Health Services Agreement No. A-08246 with Victor Treatment Centers, Inc. in the amount of $111,492 for provision of a Mental Health patch for children of Monterey County.

0601.100 18. Extended the Exclusive Garbage Collection Permit for Rural Dispos-All Service, dba, Waste Management, Inc., through September 29, 2001, to allow continued garbage and recycling collection in certain unincorporated areas; approved the evaluation and selection criteria to be used for the competitive bid process for the award of a garbage and recycling collection franchise for the unincorporated areas of North Monterey County and North Salinas Valley; approved the Departments' concept and member representation of a garbage franchise proposal evaluation committee for the review of proposals for the award of a garbage and recycling collection franchise.

0125.000 19. Agreement No. A-08518: approved and authorized the Director of Health to sign an agreement with the California Department of Health Services for funding of the Health Alert Network in the amount of $10,000 for fiscal year 2000-2001, and directed the Auditor-Controller to amend Health Department Budget Unit 411 to increase estimated revenue and appropriations.

CRIMINAL JUSTICE:

0602.250 20. Resolution No. 01-123: approved and authorized transfer of funds from the Supplemental Law Enforcement Services Fund to Probation Budget Unit 255; Amended Probation Budget Unit 255 to increase estimated revenues and appropriations for fiscal year 2000-2001, and to add positions through AB1913 funding.

0125.000 21. Agreement No. A-08519: approved and authorized the Chief Probation Officer to sign Memorandum of Understanding with the Salinas Police Department for the Safe Schools/Healthy Students Initiative Grant; Amended Probation Budget Unit 255 to include the addition of one Probation Officer II position.

0602.250 22. Resolution No. 01-124: amended Personnel Policies and Practices Resolution #98-394 to delete classification; Amended Probation Department Budget Unit 256, Juvenile Hall, to reallocate positions.

0602.250 23. Resolution No. 01-125: adopted a resolution amending board order passed and adopted on November 27, 2000, to comply with State Board of Corrections requirements.

0125.000 24. Agreement No. A-08520: approved and authorized the Sheriff to sign explosive disposal agreement between Monterey County Sheriff's Department and the Santa Cruz Sheriff's Department for the period January 23, 2001 through January 23, 2003.

0602.500 25. Resolution No. 01-126: approved application for destruction of records in the Sheriff's Department, Civil Division.

0600.600 26. Resolution No. 01-127: amended Personnel Policies and Practices Resolution No. 98-394 to add classification: Amended fiscal year 2000-2001, District Attorney Budget Unit 224, to approve reclassification.

GENERAL GOVERNMENT:

6300.000 27. Approved Action Minutes for the meeting of Tuesday, March 13, 2001, copies having been distributed to each Board member.

0600.760 28. Resolution No. 01-128: approved the addition of one Personnel Technician position and amended the Emergency Communications Department Budget Unit 152.

3000.000 29. Ordinance No. 04098: adopted 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, as introduced on February 27, 2001.

0600.850 30. Resolution No. 01-129: amended General Services 0600.025 Budget Unit 161 to approve reallocation of one Senior Clerk to one Secretary.

0525.000 31. Awarded contract to Superior Electric and Electronics for the project, "Electric switchgear for coastal offices," in the amount of $17,455, including change order contingencies.

0601.175 32. Approved submittal of the Monterey County Comprehensive Economic Development strategy to the US DOC Economic Development Administration.

0602.800 33. Approved increased estimated revenue and appropriations totaling $12,718 in Budget Unit 559, Military and Veterans Affairs Office. (4/5 vote required)

0600.850 34. Approved transfer of $50,000 to Budget Unit 197, Printing Operations/Mail Services, from General Fund Contingencies, Budget Unit 990. (4/5 vote required)

0125.000 35. Agreement No. A-08522 to A-08523: approved and authorized entering into agreements for services with San Antonio School District and King City Joint Union High School District for rental of school buses for 2001 Wildflower Festival and authorized Parks Director to sign agreements.

0125.000 36. Pulled the Purchasing Manager to sign a ten year lease agreement with La Paz Partners, a General Partnership, for 9,898 square feet of health care services and general office space at 559 East Alisal Street, Salinas, for use by the Health Department.

BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor Potter, and unanimously carried, the Board voted to reconsider this matter.

After discussion, and upon motion of Supervisor Potter, seconded by Supervisor Calcagno, and unanimously carried, the Board rescinded their prior action, and pulled this matter from the Consent Calendar.

0125.000 37. Agreement No. A-08449: approved and authorized the Purchasing Manager to sign Amendment No. 1 to Real Property Lease Agreement #A-08449 for the Department of Social Services at 713 La Guardia Street, Salinas.

0125.000 38. Agreement No. A-08524: approved and authorized the Purchasing Manager to sign a five year lease agreement with the City of Salinas for City Parcel No. 3501L, located at the corner of Lincoln and Central Avenues, to provide supplemental parking for the Probation Department offices at 16-20 West Gabilan Street; directed Auditor-Controller to make lease payments in accordance with the agreement.

0601.175 39. Considered County participation with the Guanajuato, Mexico EXPO and authorized the creation of a project steering committee including staff from Economic Development, Redevelopment, Public Affairs, Agricultural Commission and Legislative Programs.

BOARD ACTION: Upon motion of Supervisor Armenta, seconded by Supervisor Potter, and carried with Supervisor Pennycook abstaining from voting.

0601.175 40. Provided direction on preparation of 2001-2002 County Community Development Block Grant application.

0125.000 41. Agreement No. A-08529: increased revenue and appropriations in Fund 001, Budget Unit 570 for Community Development Block Grant in the amount of $35,000 and approved and authorized contract with Applied Development Economics for Prunedale Business Retention Study. (4/5 vote required)

0601.175 42. Approved Affordable Housing Rehabilitation Loan Program Guidelines.

0600.025 43. Resolution No. 01-130: amended Personnel Policies and Practices Resolution No. 98-349 to change class codes, retitle and added classifications in the Benefits Analyst Class series; amended Risk Management Budget Unit 195 to reflect class code changes and retitles.

0600.025 44. Amended Personnel Policies and Practices Resolution No. 98-394 to update Section B.12- Service Awards.

0125.000 45. Agreement No. A-03691: concurred with the Monterey County Workforce Investment Board (WIB) on the selection of Workforce Information Group, Inc. to provide a regional labor market survey for the Counties of Monterey, San Benito, and Santa Cruz; approved and authorized the WIB Executive Director to execute and modify an agreement with Workforce Information Group, Inc. in the amount of $132,800.

PLANNING AND BUILDING INSPECTION DEPARTMENT:

6000.000 46. Accepted parcel map, tax report, Notice (Water Conservation), Deed Restriction, and covenants, Subdivision Title Guarantee, Road and Drainage Maintenance Agreement, and recording fee for a Minor Subdivision for Paul Miller, file #980676, located at 24 Fruitland Avenue, Las Lomas, 4 lots.

PUBLIC WORKS:

0125.000 47. Agreement No. A-08132: approved and authorized amendment No. 1 in the amount of $24,806 to the Professional Services Agreement with Dokken Engineering for construction management services for the Pine Canyon-King City Bicycle Path and Bridge Project.

4600.000 48. Approved submittal of two grant applications to the Office of Traffic Safety in the combined amount of $248,430; authorized the Public Works Director, or his designee, to act as the agent for the County of Monterey in processing all documentation to secure funds from Office of Traffic Safety.

0125.000 49. Agreement No. A-08527: approved and authorized an agreement with Union Pacific Railroad Company to purchase 0.15 acres of land in the amount not to exceed $25,500 for dedication as public right-of-way for the Railroad Avenue Improvement Project, Pajaro area.

4600.000 50. Resolution No. 01-131: approved application to the California Energy Commission for a Rebate Grant in the amount of $26,050 for light emitting diode lamps and authorized the Public Works Director to sign application.

0525.000 51. Approved Plans and Special Provisions for construction of the Railroad Avenue Reconstruction Project (EDA No. 07-01-03848, Project No. 01-868565), Pajaro area.

SPECIAL DISTRICTS:

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

0401.060 52. Resolution No. 01-132: adopted resolution creating the

0650.072 County Service Area No. 72–Las Palmas Public Works

4600.000 Advisory Committee.

0125.000 53. Agreement No. A-08525 and A-08526: approved and authorized Agreement with the City of Watsonville for $3,216,423 for capacity rights in the City’s Wastewater Treatment Facility and approved and authorized an Agreement with the Pajaro Redevelopment Agency for $230,232 for reserve capacity rights in the City of Watsonville Wastewater Treatment Facility.

0125.000 54. Agreement No. A-08453: approved and authorized Contract Change Order No. 1 in an amount not to exceed $29,952 to Professional Services Agreement No. A-08453 with Water Dynamics for the purchase and installation of a lift station pump for County Service Area 10 – Laguna Seca.

0650.000 55. Received written reports for County Service Areas 4600.000 containing service charges and set for public hearings on May 15, 2001, at 10 a.m., and May 22, 2001, at 10 a.m., to consider continuation of existing service charges and consider any protests and objections on service charges.

0125.000 56. Agreement No. A-08528: Approved and authorized agreement between the Monterey County Redevelopment Agency and Pajaro County Sanitation District for the purchase of reserve sewage treatment capacity.

0601.175 57. Approved submittal of an application to the Economic Development Administration for a Planning Grant in the amount of $150,000 for the Pajaro Development Support program/plan.

REDEVELOPMENT AGENCY:

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

0125.000 58. Agreement No. A-08528: Approved and authorized agreement between the Monterey County Redevelopment Agency and Pajaro County Sanitation District for the purchase of reserve sewage treatment capacity.

0601.175 59. Approved submittal of an application to the Economic Development Administration for a Planning Grant in the amount of $150,000 for the Pajaro Development Support program/plan.