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, APRIL 3, 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 Armenta, and unanimously carried, the Board approved the following additions and corrections to the Agenda:

Upon the request of Supervisor Potter, the Board added the appointment of Lynn Traynor, replacing Walter Keintzel, to the Housing Advisory Committee for a term expiring August 24, 2001..

Upon the request of Supervisor Armenta, the Board added the reappointment of Alan Styles to the Housing Authority of Monterey County for a four year term expiring April 1, 2005.

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

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

Mudd v. County of Monterey et al.

Discussion of potential public employee discipline/dismissal/release, pursuant to Government Code section 54957.

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

S-3 CONSENT CALENDAR- SPECIAL DISTRICTS

2050.000 S-4 PUBLIC COMMENT PERIOD: Joseph Vierra spoke on the supervisorial redistricting stating it is illegal and unconstitutional to base the new districts on ethnicity.

APPOINTMENTS:

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

0804.000 1. Reappointed Margarita Moreno and Al Trescony to the San Lucas Cemetery District for terms expiring November 30, 2004. (Calcagno)

0401.872 2. Appointed Helen Stevenson, replacing Pam Webster, to the Public Authority for In-Home Supportive Services, for a term expiring November 3, 2002.

0401.955 NA/1 Appointed Lynn Traynor, replacing Walter Keintzel, to the Housing Advisory Committee for a term expiring August 24, 2001. (Potter)

1550.000 NA/2 Reappointed Alan Styles to the Housing Authority of Monterey County, representing District No. 1, for a four-year term expiring April 1, 2005. (Armenta)

OTHER BOARD MATTERS:

6300.000 3. Board comments and referrals: The Board referred a letter from Jane Haines, dated March 31, 2001, regarding Consent Item No. 32, inclusionary housing decisions, to County Counsel for appropriate action. The Board referred a letter from Matt Friday, representing the Coalition of Minority Organizations (COMO), dated March 30, 2001, regarding racial epithets at the Monterey County Jail, to the County Administrative Officer for appropriate action. The Board referred letters from Anthony Lombardo, Attorney at Law, dated April 2, 2001, and from Martha Manson, Arts Habitat, dated April 3, 2001, regarding Fort Ord Re-Use, to a Board Ad Hoc Subcommittee consisting of Supervisors Calcagno and Johnsen. A meeting will be held on Thursday, April 19, 2001 at 10:00 a.m. to discuss their concerns. A phone message from Pete Leonardich requesting that a committee be formed to establish a veterans’ cemetery, was referred to the County Administrative Officer for appropriate response.

Supervisor Johnsen announced that Supervisor Armenta will be replacing Simon Salinas as the R.A.N. (Remote Access Network) board member.

Supervisor Pennycook announced, to better serve as a member of the Restorative Justice Commission, that she will be attending the National Victims Assistance Academy on June 24-29, 2001. She also requested that a future report be brought back to the Board regarding cisterns to catch water to help with our lack of water in this County.

Supervisor Calcagno suggested the issue of the area from King City, east of Highway 101 to San Luis Obispo (Lockwood/Bryson/Hesperia) be referred back to the Planning Commission. He indicated that he has received 60 signatures on a petition requesting they be allowed to form an advisory committee so they can assist on the General Plan.

Supervisor Potter announced that AB398 (Simon Salinas), passed 12-0 regarding double fine zones in Carmel Valley.

0600.025 4. County Administrative Officer’s Comments and Reports: None.

2050.000 5. Resolution No. 01-118: adopted Resolution designating the week of April 22, 2001 through April 28, 2001, as, "National Crime Victim Rights Week," in Monterey County.

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

2050.000 6. Resolution Nos. 01-117 and 01-119: adopted and presented a proclaiming April 8, 2001 through April 14, 2001, as, "Public Safety Dispatchers Week" in Monterey County.

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

2050.000 7. Declared week of April 1-7, 2001, as "National Library Week" in Monterey County.

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

SCHEDULED MATTERS

10:00 a.m.

4000.000 S-5 Denied an application for a Coastal Development Permit by Colin Peters (File #PLN000424) for a well and Variance from Section 20.147.110 of the Monterey County Coastal Implementation Plan which prohibits individual water wells in the Del Monte Forest. The undeveloped property is located on 17 mile Drive, 200 feet west of Signal Hill Road, Assessor's Parcel Number 008-261-001, Pebble Beach, Del Monte Forest Land Use Plan.

BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Calcagno, and unanimously carried, the Board adopted Resolution No. 01-143 in support of the staff’s recommendation to deny the application from Mr. Peters.

0802.000 S-6 Received staff report on cooperative efforts between Water Resources Agency and State Water Resources Control Board.

BOARD ACTION: The Board received the staff’s presentation.

0802.000 S-7 Received an update on the status of the North Monterey County Comprehensive Water Management Plan.

BOARD ACTION: The Board received the staff’s presentation.

0550.025 S-8 Held workshop for Countywide Facilities Master Plan and adoption of strategic implementation plan.

BOARD ACTION: Upon motion of Supervisor Pennycook, seconded by Supervisor Potter, and unanimously carried, the Board approved Staff’s recommendation (Option 1), as modified by including a 6^th recommendation to direct the County Administrative Officer to report back on a parking problem resolution specific strategy, and outline the specifications for the contractor parking and modular removal in the bid documents. The motion included direction to the County Administrative Officer to return to the Board with a multi-faceted parking approach which would include possible shuttles, re-striping the existing parking lots and other options that would minimize the impact of parking for employees who would be working in the County buildings.

Supervisor Calcagno directed staff to clarify the financing aspects of this proposal, including how the projects are going to be financed, how much the County will save in rent, how much money will be coming into the County’s general fund, and a list of the County’s financial liabilities which will affect future Boards, and could bear on long-range financial planning efforts.

11:00 a.m.

S-9 Closed Session- Discussion of public employment

PULLED discussion of public employment matter pursuant to Government Code Section 54957 regarding the following item:

a. Position Title: Director of Child Support Services

12:00 Noon

Recess to Lunch

1:40 p.m.

6200.000 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:

Leeper, Save Our Peninsula Committee v. County of Monterey, et al

Mudd v. County of Monterey et al.

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 (2^nd)

BOARD ACTION: After evaluation of Adrienne Grover, County Counsel, the Board found that she meets and exceeds all expectations.

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

Claim of Clinton and Margaret Eastwood

BOARD ACTION: No reportable action taken.

0950.000 d. Pursuant to Government Code Section 54957.6, the Board will confer with Labor Negotiators regarding Bargaining Units A, B, & C.

BOARD ACTION: No reportable action taken.

0950.000 e. Discussion of potential public employee discipline/dismissal/release, pursuant to Government Code section 54957.

BOARD ACTION: No reportable action taken.

2:30 p.m.

0601.175 S-11 Public hearing to approving a Community Development Block Grant (CDBG) application and related actions for submittal to State Department of Housing and Community Development (Boronda Farm worker Housing)

BOARD ACTION: Upon motion of Supervisor Armenta, seconded by Supervisor Calcagno, and unanimously carried, the Board approved the following staff recommendations:

Resolution No. 01-145: adopted a Resolution approving an application and contract execution for funding from the General/Native American Allocation of the State Community Development Block Grant (CDBG) Program and authorizing the execution of a grant agreement and any amendments thereto with the State of California for the purposes of this grant.

Resolution No. 01-146: adopted a Resolution finding in support of Bridge Loan Agreement funded with Redevelopment Housing Set-Aside funds.

Acting as the Monterey County Redevelopment Agency, upon motion of Supervisor Pennycook, seconded by Supervisor Calcagno, and unanimously carried, the Board approved the following staff recommendations:

Resolution No. 01-147: adopted a Resolution finding in support of Bridge Loan Agreement funded with Redevelopment Housing Set-Aside Funds.

Resolution No. 01-148: adopted a Resolution approving the use of Housing Set-Aside funds for leveraging in support of an application to the California State Department of Housing and Community Development Department for funding under the General Native American Allocation of the State Community Development Block Grant (CDBG) Program.

0125.000 S-12 Agreement No. A-08535: approved and authorized the Chair to execute a Reimbursement Agreement between Rancho San Carlos Partnership, L.P., and the County of Monterey for design and construction of a County Sponsored Widening Project (CSWP) on State Highway 1 between Carmel Valley Road and Morse Drive subject to Board approval of the project after environmental review; accepted the County's service as lead agency for the project and authorize the Public Works Department to commence preparation and circulation of an environmental document for the CSWP; authorized expenditure of developer mitigation fees imposed for Deficiency Plan improvements to finance design and construction of the CSWP upon project approval.

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

3:05 p.m.

0125.000 S-13 Agreement No. A-08150: accepted recommendation allowing the Sports Car Racing Association of the Monterey Peninsula (SCRAMP) to enter into an agreement with Mazda Motor of America (Mazda) as the exclusive title sponsor of Laguna Seca Raceway for a period of five (5) years.

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

ORDER FOR ADJOURNMENT TO TUESDAY, APRIL 17, 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 Potter, seconded by Supervisor Armenta, and unanimously carried, the Board approved the following actions, except as otherwise noted:

NATIVIDAD MEDICAL CENTER:

0601.525 8. Resolution No. 01-135: amended Personnel Policies and

5400.000 Practices Resolution No. 98-394 to add classification of Supervising Nurse I and Supervising Nurse II.

0601.525 9. Resolution No. 01-136: amended Personnel Policies and

5400.000 Practices Resolution No. 98-394 to extend salary range for Staff Nurse I and Staff Nurse II- per diem.

HEALTH AND SOCIAL SERVICES:

0401.325 10. Approved the revised by-laws of the Monterey County Child Care Planning Council.

0601.100 11. Reallocated 1.0 vacant FTE (full time employee)

0150.140 Hazardous Materials Specialist III to an Environmental Health Specialist III, 4.0 vacant FTE Hazardous Materials Specialists II to Environmental Health Specialists II, 1.0 vacant FTE Environmental Health Specialist II to an Environmental Health Specialist III, 4.0 vacant FTE Typist Clerks II to a Secretary, Senior Clerk, Senior Account Clerk, and a Principal Clerk, added 2.0 FTE Recycling and Resource Recovery Assistants; directed the Auditor-Controller to amend the Health Departments Budget Unit 414 to reflect the change in position count.

0602.550 12. Amended Department of Social Services Budget Units 501

0150.140 and 596 to approve reclassifications, reallocations and allocations and increase appropriations.

0125.000 13. Agreement No. A-08521: approved and authorized the

0150.140 Director of Health to sign Grant Agreement #10002475 with the Public Health Institute for the California Children's "5 a Day-Power Play!" Campaign in the amount of $100,000 for the period of January 1, 2001 through February 28, 2002; directed Auditor-Controller to amend the Health Department Budget Unit 411 to increase estimated revenue and appropriations in the amount of $65,000 for fiscal year 2000-2001.

0125.000 14. Agreement No. A-08168: approved and authorized the Director of Health to sign amendment No. 2 to Behavioral Health Services Agreement No. A-08168 with Family Service Agency of Monterey County for the provision of Managed Care Services in the annual amount of $305,000 for the period of July 1, 2000 to June 30, 2001, and the annual amount of $360,000 for the period of July 1, 2000 to June 30, 2001, and the annual amount of $360,000 for the period of July 1, 2001 to June 30, 2002; Authorize the Director of Health to approve contract amendments up to 50% of the annual amount which do not significant alter the scope of work or result in an increase in net County cost.

0125.000 15. Agreement No. A-08530 and A-08531: approved and authorized the Director of Health to sign two contracts with Community Hospital of Monterey Peninsula for Medi-Cal services in the annual amount of $184,318 and for Short Doyle Services in the annual amount of $50,000 for fiscal year 2000-2001, 2001-2002, and 2002-2003; authorized the Director of Health to approve contract amendments up to 50% of the annual amount which do not significantly alter the scope of work or result in an increase in net County cost.

0601.100 16. Resolution No. 01-137: adopted Resolution proclaiming State of local emergency relating to the spread if HIV among injection drug users in Monterey County.

CRIMINAL JUSTICE:

0602.250 17. Approved an application and order for destruction of records for the Probation Department.

0602.500 18. Resolution No. 01-138: approved and authorized the Sheriff to apply for bulletproof vest partnership program, via the internet, to request funds to purchase one bulletproof vest per law enforcement officer per federal fiscal year ending October, 2000.

0125.000 19. Agreement No. A-08532: approved and authorized the Sheriff to sign cooperative law enforcement agreement #1, Visitor Protection Services, between Sheriff's Department and Los Padres National Forest for the period January 1, 2001, through December 31, 2001.

0600.600 20. Resolution No. 01-139: amended Personnel Policies and

5400.000 Practices resolution 98-394 to add classification of

0150.140 Director of Child Support Services and amended District Attorney-Family Support Budget Unit 225 to add allocation.

GENERAL GOVERNMENT:

0601.175 22. Approved the County of Monterey's participation in the 2001 California State Fair in Sacramento and authorized the Clerk to the Board of Supervisors to sign the exhibit entry form.

0525.000 23. Adopted plans and specifications for the project, "Public Safety Building Access Control System," and directed the Clerk to advertise for bids to be opened at 2:00 p.m., Monday, April 30, 2001.

0125.000 24. Agreement No. A-08533: approving the terms on side letter of understanding which grants resident physicians of Natividad Medical Center compensatory time off under limited conditions and for a limited period in order to provide sufficient special shift coverage of these open shifts resulting from the unexpected departure of a second year resident physician.

0125.000 25. Agreement No. A-08534: approving the side letter with SEIU Local 817 representing the General Unit (Unit J) regarding training pay provisions for Communications Dispatch personnel in the Emergency Communications Department with approved pay provisions to be effective April 7, 2001.

0600.025 26. Resolution No. 01-140: amended Personnel Policies and

5400.000 Practices Resolution No. 98-394 to add Definitions-Reappointment, Section A.5.8, Salary on Reappointment and Section B.5.6, Reappointment to a Previous Class.

0601.350 27. Approved direction to the Auditor-Controller to transfer $34,000 of appropriations of State Library Proposition 10 grant funds within the County Library Budget Unit 611 of the library fund (Fund 003) to fixed assets to accommodate increased cost of a mobile outreach vehicle.

0525.000 28. Approved plans and specifications for lake bed landscaping at Laguna Seca Recreation area and authorized solicitation of bids.

0600.025 29. Resolution No. 01-141: amended Personnel Policies and

5400.000 Practices Resolution No. 98-394 to add Chief of Water

0150.140 Resources Planning classification and amended Water Resources Agency Budget Unit 930 to reallocate positions.

0601.175 30. Authorized Assistant County Administrative Officer, Environmental Resources Policy to enter into contracts for preparation of the environmental impact documents required for the General Plan Update in an amount not to exceed $150,000.

0525.000 31. Awarded contract to William A. Thayer Construction to construct the project, "Office Space Addition at 855 East Laurel drive, Building B," in the amount of $72,222, including construction change order contingencies; directed Auditor-Controller to transfer $45,000 from line 6762- Public Works Alisal Yard to line 6761- Public Works Laurel Facility within the Capital Projects Management Fund 010, Budget unit 165.

PLANNING AND BUILDING INSPECTION DEPARTMENT:

6000.000 32. Accepted final parcel map, tax report, notice of traffic impact fees, landfill deed restriction and notice, road and drainage maintenance clearance, Manzanita preservation notice and Scenic Easement Deed, Inclusionary Housing agreement, Indemnification Agreement for the Monterey Regional Waste Management District, Indemnification Agreement for County of Monterey, Permit Approval Notice, Subdivision Title Guarantee, and recording fee for the Minor Subdivision for Bishop, McIntosh, and McIntosh, file #PLN990500, consisting of 4 lots, located at the north end of York Road, south of south Boundary Road, Laguna Seca, Greater Monterey Peninsula Planning area.

4000.000 33. Resolution No. 01-144: adopted findings and evidence supporting Use Permit exemption pursuant to Monterey County Code Section 21.64.130.G.3 for the proposed river well No. 2 of the Cañada Woods water system (Clinton and Margaret Eastwood, Cañada Woods LLC), file #PLN000614, consistent with the resolution of intention adopted March 13, 2001.

BOARD ACTION: Upon motion of Supervisor Potter, seconded by Supervisor Armenta, and carried with Supervisor Pennycook voting “No,” and Supervisor Potter abstaining from voting.

5900.000 34. Resolution No. 01-142: adopted final form of conditional license granting to John Kenny, Martha Kenny, and Barbara McFarland a 90-day right of ingress and egress over the one-foot non-access strip located at the easterly terminus of Via Cazador (Rancho Tierra Grande Subdivision), as approved by the Board of Supervisors on March 27, 2001.

BOARD ACTION: Upon motion of supervisor Potter, seconded by Supervisor Pennycook, and unanimously carried, the Board approved the staff’s recommendation, as amended, to allow a 90-day well drilling extension.

PUBLIC WORKS:

3000.000 35. Introduced, waived the reading, and set April 17, 2001, at 2:30 p.m., for a public hearing to adopt an ordinance amending Monterey County Code, Title 12, Section 12.28.010, to establish no parking at any time on portions of Stewart Way and Ocean View Avenue, Carmel Point area.

3000.000 36. Introduced, waived the reading, and set April 17, 2001, at 2:30 p.m., for a public hearing to adopt an ordinance amending Monterey County Code, Title 12, Section 12.12.010, to reduce the existing speed limit on Cattlemen Road in San Ardo from 45 m.p.h. to 40 m.p.h.

3000.000 37. Introduced, waived the reading, and set April 17, 2001, at 2:30 p.m., for a public hearing to adopt an ordinance amending Monterey County Code, Title 12, Section 12.28.022, to establish a commercial vehicle parking restriction between 10 p.m. and 6 a.m. on a portion of Boronda Road, Northwest Salinas area.

3000.000 38. Introduced, waived the reading, and set April 17, 2001, at 2:30 p.m., for a public hearing to adopt an ordinance amending Monterey County Code Title 12, Section 12.28.010 to reduce the length of an existing no parking zone on Rogge Road by 18 feet; and Section 12.66.010 to establish a 60-foot passenger or Freight Loading Zone on Rogge Road, Bolsa Knolls area.

3000.000 39. Introduced, waived the reading, and set April 17, 2001 at 2:30 p.m., for a public hearing to adopt an ordinance amending Monterey County Code Title 12, Section 12.44.185 to amend an existing one-way stop intersection at Viscaino Road and Forest Lake Road in Del Monte Forest to establish an all-way (three-way) stop intersection.

SPECIAL DISTRICTS:

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

4600.000 40. Set for public hearing on May 15, 2001, at 10 a.m., and

0800.125 public hearing on May 22, 2001, at 10 a.m. to consider protests and objections on continuation of existing sewer service charges for the Boronda County Sanitation District.

4600.000 41. Set for public hearing on May 15, 2001, at 10 a.m., and

0803.375 public hearing on May 22, 2001, at 10 a.m., to consider protests and objections on continuation of existing sewer service charges for the Moss Landing County Sanitation District.