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, April 24, 2001, at 9:30 a.m.

Lunch Break from 12 noon to 1:40 p.m.

 

9:30 a.m.

 

          S-1  Additions and corrections to Agenda

 

The Clerk to the Board will announce Agenda corrections and proposed additions, which may be acted on by the Board as provided in section 54954.2 of the California Government Code.

 

Due to the need for immediate consideration by the Board of matters  which arose after the posting of today's agenda, the Board added the following item to its closed session agenda:

 

Conference regarding the existing PG&E bankruptcy litigation pursuant to Government Code section 54956.9(a);

 

          It is noted that Item S-9d should read, "Interview for Director of Child Support Services."

 

          S-2  CONSENT CALENDAR – REGULAR (See yellow Supplementary Sheet attached)

 

          S-3  CONSENT CALENDAR – MONTEREY COUNTY WATER RESOURCES AGENCY

 

2050.000  S-4  PUBLIC COMMENT PERIOD: Bobby Merritt, representative of SEIU Local 817, expressed his objection to filling the position of Director of Child Support Services without an open recruitment process.

 

 

OTHER BOARD MATTERS:

 

6300.000  1.   Board comments and referrals: Supervisor Armenta stated he was opposed to item S-9d (interview for Director of Child Support Services) being conducted without an open recruitment process.

 

0600.025  2.   County Administrative Officer’s Comments and Reports: Sally Reed, County Administrative Officer, informed the Board of the next upcoming follow-up session with the Department Heads in establishing the Board goals and objectives for the County. She gave an update on the Department Head meeting last week which was held in small group discussions.  She stated they came up with some good ideas that should help the Board fulfill those objectives; They will continue to work on ideas and come back to the Board for approval.


2050.000     3.        Resolution No. 01-159: Adopted Resolution proclaiming April 22-28 as National Infant Immunization Week and May 2001 as Toddler Immunization Month in Monterey County.  (Full Board)

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

 

2050.000  4.   Resolution No. 01-156: Adopted Resolution endorsing and supporting the efforts of BASOC (Bay Area Sports Organizing Committee to bring the 2012 Olympic Games to the San Francisco Bay Area.

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

 

2050.000  5.   Resolution No. 01-158: Adopted Resolution honoring Helen Brogno as the Recipient of the Quota International of the Monterey Peninsula 2001 Woman of the Year Award. (Johnsen)

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

 

2050.000  6.   Resolution No. 01-160: Adopted Resolution congratulating Michelle a. Welsh as the recipient of the Monterey County Bar Association’s Chief Justice Paul Gibson Award. (Potter)

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

 

1900.000  7.   Approved the April 3, 2001 report of the Legislative

1225.000      Subcommittee, including an update on water issues from

0802.000      the Water Resources Agency; Recognized an impending May 16, 2001 visit to Monterey County by Julie Bornstein, Director of the State Housing and Community Development Department; Received update on staff evaluation of the electric power generation potential of the National Refractories site and on state legislative activity regarding the California energy crisis; Received a review of several human resources related bills including AB 1254 (Flores), SB 695 (Karnette), and SB 1018 (Perata); Received a presentation by Service Employee’s International Union on AB 364 (Aroner), AB 557(Aroner), SB 40 (Alarcon), AB 475 (Codgill), and AB 1456 (Briggs); and requests from Arts Habitat for support of a state budget allocation for planning assistance on Fort Ord and for designation as a developer on Fort Ord.

BOARD ACTION:  Upon motion of Supervisor Potter, seconded by Calcagno, the Board approved the report.

 

2050.000  8.   Resolution No. 01-161: Adopted Resolution (confidential) commending Marcel Layous on 60 years of service to the Salinas Valley Fair in King City.  (Calcagno)

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

 

2050.000  9.   Resolution No. 01-157: Adopted Resolution declaring May 2001, as Clean Air Month in the Monterey Bay Region.

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


     SCHEDULED MATTERS

 

10:00 a.m.

 

4600.000  S-5  Public hearing authorizing a mail ballot election to

0650.045      increase service charges for lighting and drainage services in the County Service Area No. 45 – Oak Hills Area.

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

 

0601.600  S-6  Accepted the list of deferred maintenance, health and safety and Americans with Disabilities Act Park projects and approved Resolution No. 01-171 authorizing the filing of grant applications under the Per Capita Program of the Safe Neighborhood, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (Proposition 12).

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

 

11:00 a.m.

 

5150.000  S-7  Received Progress Report from the Monterey County Redistricting Committee and approve amended tentative timelines for adoption of a Redistricting Plan by August 2001.

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

 

2800.000  S-8  Conducted public hearing on proposed Ordinance creating

0600.500      a mechanism for the amortization of non-conforming public use airports; introduced ordinance and waived reading.

BOARD ACTION:  Upon motion of Supervisor Potter, seconded by Supervisor Pennycook, with Calcagno abstaining, to set this matter for adoption, as amended, on consent for May 8, 2001.

 

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 conferred with legal counsel regarding the following matters of existing litigation:

 

          1.   Lockwood v. County of Monterey, et al.

BOARD ACTION: The Board authorized entry into a settlement agreement involving no cost to the County.

 

          2.   People of Parkfield v. Board of Supervisors

          BOARD ACTION: No reportable action taken.

 

          3.   Tanimura and Antle, Inc. and Chris Bunn v. Monterey County Water Resources Agency

BOARD ACTION: The Board authorized settlement of the plaintiff's complaint at no cost to the County.


 

6200.000  b.   Pursuant to Government Code section 54956.9(b), the Board will conferred with legal counsel regarding

     Potential initiation of one litigation matter

1.   Claim of Mary Jane Shimabukuro

          BOARD ACTION: The Board denied the claim.

 

0950.000  c.   Pursuant to Government Code Section 54957, The Board  considered the following public employment matter:

1.   Position of Director of Child Support Services

 

0950.000  d.   Interview for Director of Child Support Services

BOARD ACTION: County Administrative Officer announced the appointment of Stephen Kennedy as the Director of Child Support Services.

 

6200.000 e.   Conference regarding the existing PG&E bankruptcy litigation pursuant to Government Code section 54956.9(a)

         BOARD ACTION: No reportable action taken.

 

At the conclusion of Closed Session, the Board of Supervisors may make any required disclosures regarding actions taken in Closed Session or adopt any appropriate resolutions concerning these matters.

 

 

ORDER FOR ADJOURNMENT TO TUESDAY, MAY 1, 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:

 

NATIVIDAD MEDICAL CENTER:

 

0601.525  11.  Approved and authorized the Chief Executive Officer, Natividad Medical Center (NMC) to negotiate and execute agreements for professional services for the remodel and relocation of the Natividad Immunology Division Outpatient (NIDO) Clinic, amount not to exceed $60,000 for FY 2000-01.

 

0601.525  12.  Approved and authorized the Chief Executive Officer, Natividad Medical Center, to negotiate and sign necessary professional services agreements to move the power source for the Mental Health Unit, amount is not to exceed $60,000 for FY 2000-01.

 

HEALTH AND SOCIAL SERVICES:

 

0601.100  13.  Approved and authorized the Director of Health to sign the Memorandum of Understanding with SG Henderson Consulting for the “It’s Up To Me” Teen Pregnancy Prevention Program in the total amount of $9,000 for the period of February 1 to June 30, 2001; Directed the Auditor-Controller to amend Budget Unit 411 to increase estimated revenue and appropriations by $9,000 for FY 2000-01.  (4/5ths Vote Required)

 

0601.100  14.  Resolution No. 01-163: Reallocated 1.0 FTE vacant

5400.000      Community Services Aide III position to a Chronic Disease Prevention Coordinator position; and direct the Auditor-Controller to amend the FY 2000-01 Health Department Budget Unit to reflect the change in position count.

 

0125.000  15.  Agreement No. A-08550: Approved and authorized the Director of Health to sign Agreement #00-90422 with the State Department of Health Services for the provision of Childhood Lead Poisoning Prevention Program Services in the total amount of $270,880 for the period of July 1, 2000 through June 30, 2002; Directed the Auditor-Controller to amend the Health Department Budget Unit 411 to increase estimated revenue and appropriations in the amount of $19,211 for FY 2000-01.  (4/5ths Vote Required)

 

CRIMINAL JUSTICE:

 

0600.600  16.  Resolution No. 01-164: Amended Personnel Policies and

5400.000      Practices Resolution No. 98-394 to add classification of Investigative Aide and amended District Attorney Budget Unit 224 to approve reallocation.

 

0602.500  17.  Resolution No. 01-165: Approved increase in appropriations and estimated revenues in Sheriff’s Budget Unit 230 for the purchase of firearms-related equipment in the amount of $50,683; Accepted a donation of $13,000 from Sheriff’s Advisory Council.  (4/5ths Vote Required)

 

2800.000  18.  Introduced, waived reading and set for public hearing

0602.500      on May 8, 2001 at 10:00 a.m. an Ordinance adding Chapter 11.31 to the Monterey County Code relating to consumption and possession of alcoholic beverages by persons under 21 years of age.

 

GENERAL GOVERNMENT:

 

2050.000  19.  Approved action minutes for the meeting of Tuesday, April 3, 2001, copies having been distributed to each Board Member.

 

0125.000  20.  Agreement No. A-08546: Approved and authorized the Agricultural Commissioner to sign State Agreement No. 01-0013 for Egg Quality Control with the California Department of Food and Agriculture for $1,599.

 

0600.027  21.  Resolution No. 01-166: Amended Budget Unit 281,

5400.000      Agricultural Commissioner, to add one position; declare increased estimated revenues of $51,000 and increase appropriations by $51,000; approved and authorized the Agricultural Commissioner to sign Amended Agreement 00-0114S (A-08348) with the California Department of Pesticide Regulation for Pesticide Application Reporting. (4/5 vote required)

 

0125.000  22.  Agreement No. A-08547: Approved and authorized the Purchasing Manager to:  (1) 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, CA 93901, for use by the Health Department; and, (2) sign an Agreement of Subordination Non-Disturbance and Attornment Agreement No. A-08549 with La Paz Partners (Lessor) and Community Bank of Central California, Lender for La Paz Partners.

 

0600.025  23.  Resolution No. 01-167: Amended Personnel Policies and

5400.000      Practices Resolution No. 98-394 to re-title Family Support Accounting Supervisor to Accounting Clerical Supervisor.

 

0602.200  24.  Resolution No. 01-168: Amended Budget Unit 293 to

5400.000      approve reclassification of Building Inspector II to Building Inspector Supervisor.

 

0125.000  25.  Agreement No. A-08189: Approved Amendment No. 1 to Agreement No. A-08189 with the Parks Foundation of Monterey County for the construction of an outdoor shower facility at the Youth Overnight Area at Toro County Park.

 

0601.600  26.  Approved the distribution of $18,250 in County Fish and Game Propagation Funds for grant projects during Fiscal year 2000-2001.

 

0602.750  27.  Accepted Treasurer’s Report of Investments for the quarter ending March 31, 2001.


 

PLANNING AND BUILDING INSPECTION:

 

2800.000  28.  Resolution No. 01-169: Introduced Ordinance, waived reading and set a public hearing for May 8, 2001 at 10:30 a.m. to consider adoption of a zoning classification to designate portions of the Bollenbacher and Kelton property (Assessors Parcel No. 161-011-078-000) as “LDR/B-6-D” (Low Density Residential,/Building Site Review – Design Control), to designate portions of the property as “LDR/B-6-D-(24’)” (Low Density Residential,/Building Site Review – Design Control – 24 Foot Maximum Height) and designated portions of the property as “RC/B-6-D” (Resource Conservation/Building Site Review-Design Control).  The subject property is located fronting on and northeasterly of San Benancio Road and fronting on and southwesterly of State Highway 68 (File No. PC94170).

 

PUBLIC WORKS:

 

4600.000  29.  Accepted conveyance from the Fort Ord Reuse Authority

1225.000      of certain improvements on roads within the former Fort Ord funded through grants from the U.S. Department of Commerce Economic Development Administration.

 

Upon motion of Supervisor Potter, seconded by Supervisor Armenta, with Supervisor Pennycook voting no, the Board approved the following action:

 

4600.000  30.  Approved reduction of Faithful Performance Surety for Hidden Canyon Ranch Subdivision, located off Crazy Horse Canyon Road.

 

MONTEREY COUNTY WATER RESOURCES AGENCY:

 

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

 

0802.000  31.  Approved an increase in estimated revenues and appropriations in County General Fund 001 Budget Unit 270 and the Monterey County Water Resources Agency funds 205 and 260.  (4/5ths Vote Required)