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, May 8, 2001, at 9:30 a.m.

Lunch Break from 11:45 a.m. to 1:45 p.m.

 

9:30 a.m.

 

S-1       Additions and corrections to Agenda

 

The following Agenda corrections and proposed additions were acted on by the Board as provided in section 54954.2 of the California Government Code.

 

          Reappointment of Gilbert Bibber to the Parks Commission for a term expiring April 26, 2005 (Johnsen) was added as Item 3a.

 

          The Director of Behavioral Health requested that consent item 12 be brought back at a future date.

 

          Administration requested that consent item 17 (Legislative Subcommitte report) be moved from consent to be heard under "Other Board Matters" as Item 7a.

 

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

 

9:45 a.m.

 

2050.000  S-3  PUBLIC COMMENT PERIOD:  Helen Rucker, William Zigman, and Jan Penny spoke on behalf the Civil Rights Organizations in Monterey County, the NAACP of Monterey Peninsula, Salinas branch of NAACP, LULAC of Monterey, Coalition of Minority Organizations and the ACLU of Monterey.  A letter was read to the Board regarding the racial epithets that were being broadcast at the Monterey County Jail.  They requested a thorough and complete investigation of the Monterey County Sheriff’s Department by an outside investigator. 

 

              Robert Kennedy addressed the Board and gave a presentation on Monterey County’s Crop report.  He noted that over the past 14 years 4,016 acres have been taken away for housing.

 

              Hans Jongens addressed the Board regarding the energy crisis, Counties asking towns to help preserve farmland, the Country of Israel running out of water.  He read an article regarding the increasing gas prices in California going up to $3 dollars a gallon and the issue of MTBE that he’s proposed numerous times before the Board and indicated that many other states are trying to get rid of the MTBE as well.

 

APPOINTMENTS:

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

 

0401.622  1.   Reappointed Josie Camacho to the Domestic Violence Coordinating Council for a term expiring January 2, 2005.  (Armenta)

 

0401.560  2.   Appointed Jose Castaneda, filling a vacancy on the Community Restorative Justice Commission, for a term ending May 8, 2003.  (Armenta)

 

0401.650  3.   Appointed Pat R. Camara, replacing Roger Williams, to the Emergency Medical Care Committee for a term expiring July 1, 2002.  (Full Board)

 

0402.900  3a.  Reappointed Gilbert Bibber to the Parks Commission for a term expiring April 26, 2005. (Johnsen)

 

OTHER BOARD MATTERS:

 

6300.000  4.   Board comments and referrals:     Supervisor Calcagno introduced Chris Bunn, the President of Monterey County Farm Bureau.  Mr. Bunn introduced Robert Perkins as the new Executive Director for the Farm Bureau. Supervisor Pennycook requested that the Board calendar an event on Monday June 18, 2001, at the Salinas Community Center, for a Forum of Restorative Justice put on by the Restorative Justice Commission.  The Forum will be hosted by internationally renowned Restorative Justice Trainer Jim Consedine from New Zealand, a publisher of many books, trainer, educator and author.  She added that they now have a full commission with today’s appointment with the Restorative Justice Commission.  She also added that she has been working steadily on the U.C. Research and Extension Center issue and there will be a visit in June from the region and they will be focusing on our agricultural industry.  She’s trying to get more attention to this subject stating since we don’t have a U.C.R.E.C in this area we don’t get the attention that some of the other agricultural regions do. Supervisor Johnsen shared a positive letter she received in her office regarding a letter her staff sent

              to William and Lori Clark congratulating their daughter Angela on her achievements in her academics.  The Clarks responded by thanking Supervisor Johnsen for acknowledging their daughter for making the Dean's List at Azuza Pacific University and mentioned that their daughter Angela will be graduating from Azuza Pacific University this Saturday, May 5, 2001, and was also picked for special society of nurses at a special pinning ceremony.  Supervisor Johnsen mentioned the shortage we have state wide and nationwide and to know that we are home growing them and are working them through our own system and it is very positive.

 

0600.025  5.   County Administrative Officer’s Comments and Reports: There were no comments.

 

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

 

2050.000  6.   Adopted Resolution No. 01-177 of the Board of Supervisors of Monterey County approving the application for grant funds from the California Department of Conservation's Farmland Conservation Program for the Fanoe Farm Easement.  (Calcagno)

 

2050.000  7.   Adopted Resolution No. 01-178 of the Board of Supervisors of Monterey County approving the application for grant funds from the California Department of Conservation's Farmland Conservation Program for the Johnson Farm Easement.  (Calcagno)   

 

1900.000  7a.  Approved the April 24, 2001 report of the Legislative Subcommittee including an update on water issues from the Water Resources Agency; Receive an update on AB 328 (Salinas); Received recommendation on SB 198 (Chesbro); Received update on SB 74 (Spier and Mcherson), SB 94 (Torlakson and Figueroa), and AB 315 (Dutra and Keeley); Received recommended position on housing element bills; and received recommended positions on AB 1254 (Florez), AB 1018 (Perata), SB 695 (Karnette), SB 40 (Alarcon), AB 364 (Aroner), AB 557 (Aroner), AB 475 (Cogdill) and AB 1456 (Briggs)

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

 

                          SCHEDULED MATTERS

 

10:00 a.m.

 

0600.600  S-4  Received report on impacts and status of Proposition 21 (Gang Violence and Juvenile Crime Prevention Act).

Upon motion of Supervisor Armenta, seconded by Supervisor Pennycook, and unanimously carried, the Board received the report.

 

0602.500  S-5  Conducted public hearing to adopt an Ordinance No. 04116 adding Chapter 11.31 to the Monterey County Code relating to consumption and possession of alcoholic beverages by persons under 21 years of age.

Upon motion of Supervisor Potter, seconded by Supervisor Pennycook, and unanimously carried, the Board adopted Ordinance No. 04116.

 

0600.850  S-6  Received presentation by General Services Department on the County's Energy Conservation Program; Approve the 2001 Energy Conservation Plan for County occupied facilities.

Upon motion of Supervisor Calcagno, seconded by Supervisor Pennycook, and unanimously carried, the Board received the presentation.

             

10:30 a.m.

 

4000.000  S-7  Approved the Oaks Standard Subdivision Tentative Map for the division of an existing 325.7 acre parcel into 9 residential lots and a remainder parcel of 285.7 acres (File PC94170).  Assigned zoning classification to designate portions of the Bollenbacher and Kelton property, Assessor's Parcel Number 161-011-078) 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 to designate portions of the property as "RC/B-6-D" (Resource Conservation/ Building Site Review- Design Control).  The property is located fronting on and northeasterly of San Benancio Road and fronting on and southeasterly of State Highway 68. 

Upon motion of Supervisor Pennycook, seconded by Supervisor Armenta, with Supervisor Potter voting no, the motion carried for approval.

 

11:00 a.m.

 

0601.175  S-8 Received proposal for Lot Line Adjustments and accessory single family homes in agricultural zones. (Continued from April 17, 2001)

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

 

12:00 Noon

 

Recess to lunch

 

1:40 p.m.

 

S-9       Closed Session relating to the following items:

    

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

No reportable action taken.

 

0950.000  b.   Conference with Labor Negotiators (all units), pursuant to Government Code section 54957.6.

No reportable action taken.

 

6200.000  c.   Pursuant to Government Code Section 54956.9(c), the Board conferred with legal counsel regarding the potential initiation of one litigation matter.

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.

 

2:30 p.m.

 

3150.000 S-10 Held public hearing (closed) to adopt a Negative

4000.000      Declaration and Mitigation Monitoring Program and approve the Combined Development Permit for Sunridge Views (PLN990391) consisting of 1) a Coastal Development Permit and Standard Subdivision to allow 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, the construction of two water tanks and the removal of a landmark tree (thirty inch Cypress); and 2) a Coastal Development Permit to allow for the demolition of a barn, greenhouse and the conversion of an existing mobile home to a senior citizens 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. (Continued from 3/13/01)

Upon motion of Supervisor Pennycook, seconded by Supervisor Armenta, and unanimously carried. The Board directed staff to engage in a focused Environmental Impact Report (EIR) with an analysis of the direct, and indirect, and cumulative impacts regarding water supply, erosion of soil,and transportation issues associated with the proposed development.

 

ORDER FOR ADJOURNMENT TO TUESDAY, MAY 15, 2001 AT 9:30 A.M.

 

                                      APPROVED:

 

 

                                      ______________________________

                                                              Chair

 

ATTEST:

 

SALLY R. REED,

Clerk of the Board

 

 

 

By:________________________________

                            Deputy

 

 (Supplementary Sheet)

 

 

 

                           CONSENT CALENDAR

 

Except as otherwise noted, the Board approved the following matters upon motion of Supervisor Calcagno, seconded by Supervisor Armenta, and unanimously carried:

 

HEALTH AND SOCIAL SERVICES:

 

0125.000  8.   Agreement No. A-08486: Approved and authorized Director of Social Services to sign Amendment #1 of contract 01F-4025 with the California Department of Community Services and Development to increase the total calendar year 2001 grant fund to $419,343; Increase fiscal year 2001 appropriations and estimated revenue by $56,259.  (4/5 vote required)

 

0601.100  9.   Resolution No. 01-179: Reallocated 1.0 FTE vacant Senior Word Processor position to a Medical Transcriptionist II position; Directed Auditor-Controller to amend the fiscal year 2000-2001 Health Department Budget Unit 411 to reflect the change in position count; Directed the County Administrative Officer to incorporate the change to the fiscal year 2001-2002 final budget.

 

0601.100  10.  Accepted a contribution of $110,000 for calendar year 2001 from the Community Hospital of the Monterey Peninsula in support of Primary Care Clinic operations in Seaside and Marina.

 

0601.100  11.  Approved and authorized the Director of Health to submit an application to the California Department of Health Services for the "Healthy Families/ Medi-Cal for Children Outreach" project for a total amount of $600,000 for the period of July 1, 2001 through June 30, 2003; Signed Memoranda of Understanding with the participating agencies of the project.

 

0125.000  12.  Pulled from agenda: Agreement No. A-08337 to approve and authorize the Director of Health to sign Amendment No. 1 to Community Human Services Agreement No. A-08337 for Mental Health Services in the annual amount of $763,159 for fiscal year 2000-2001. 

 

CRIMINAL JUSTICE:

 

0125.000  13.  Agreement No. A-08553: Approved and authorized the Sheriff to sign an explosive disposal agreement between Monterey County Sheriff's Department and the San Luis Obispo Sheriff's Department for the period May 8, 2001 through May 8, 2003.

 

0602.250  14.  Increased estimated revenue & appropriations totaling $26,500 in Budget Unit 256, Juvenile Hall, for fiscal year 2000-2001 to renovate the Youth Center Recreation Field and purchase recreation equipment.  (4/5 vote required)

 

0602.250  15.  Increased estimated revenue and appropriations totaling $90,000 in Probation Budget Unit 255 for the third year plan computer equipment for fiscal year 2000-2001.  (4/5 vote required)

 

GENERAL GOVERNMENT:

 

2050.000  16.  Approved Action Minutes for the meeting of Tuesday, April 24, 2001, copies having been distributed to each Board Member.

1900.000  17.  Moved to "Other Board Matters, Item #7a:" Approve the April 24, 2001 report of the Legislative Subcommittee including an update on water issues from the Water Resources Agency; Receive an update on AB 328 (Salinas); Received recommendation on SB 198 (Chesbro); Received update on SB 74 (Spier and Mcherson), SB 94 (Torlakson and Figueroa), and AB 315 (Dutra and Keeley); Received recommended position on housing element bills; and received recommended positions on AB 1254 (Florez), AB 1018 (Perata), SB 695 (Karnette), SB 40 (Alarcon), AB 364 (Aroner), AB 557 (Aroner), AB 475 (Cogdill) and AB 1456 (Briggs)

 

2800.000  18.  Adopt Ordinance No. 04115 and associated findings to add Section 21.68.110 to the Monterey County Code to create a mechanism for the amortization of non-conforming public use airports, as introduced on April 24, 2001.

Upon motion of Supervisor Potter, seconded by Supervisor Pennycook, Ordinance 04115 was adopted.

 

0125.000  19.  Agreement No. A-08554: Approved and authorized the Agricultural Commissioner to sign State Agreement No. 00-0237S for fiscal year 2000-2001 with California Department of Pesticide Regulation to develop and expand Monterey County's Restricted Materials Permit and Pesticide Use Reporting System; Increased estimated revenue and appropriations totaling $63,000 in Budget Unit 281. (4/5 vote required)

 

0525.000  20.  Awarded construction contract to Granite Construction Company, low bidder, in the amount of $325,236.28 for the base bid and alternates for lakebed landscaping at Laguna Seca Recreation area Bid 9466.

 

0600.760  21.  Resolution No. 01-180: Approved Department of Emergency Communications participation in the Peace Officers Standards and Training (P.O.S.T.) Certification and Reimbursement Program.

 

PLANNING & BUILDING INSPECTION

 

6000.500  22.  Accepted final map, tax report, road and drainage agreements, Conservation and Scenic Easement Deed, Inclusionary Housing Agreements, Indemnification Agreement for County of Monterey, Permit Approval Notice, Deed Restrictions, Subdivision Title Guarantee, and recording fee for the subdivision for Stephen and Debbie Bradshaw (PLN 980152), consisting of six parcels, located fronting on and north of Desmond Road, coastal area of North County, North County Land Use Plan.

Upon motion of Supervisor Pennycook, seconded by Supervisor Potter, staff was directed to send the item to both the Housing Advisory Committee and the Planning Commission for review and approval of any proposed future changes in the manner which this project's Inclusionary Housing requirement is satisfied.

 

PUBLIC WORKS:

 

0125.000  23.  Agreement No. A-08306: Approved amendments No. 1 and No. 2 in an amount not to exceed $9,000 to the Professional Services Agreement with Schaaf & Wheeler Consulting Civil Engineers (Agreement No. A-08306) for additional services for the Moss Landing area storm drain master plan.

 

4600.000  24.  Approved a real property purchase contract for purchase of 1.5 acres of road right-of-way and granting of a temporary construction easement for reconstruction of the Lewis Creek Road, Bridge No. 420.

0125.000  25.  Agreement No. A-08555: Approved a Hold Harmless Agreement between the County of Monterey and Our Lady of Refuge Catholic Church in Castroville in connection with a community cleanup day in Castroville on May 12, 2001; Authorized the Public Works Director to execute the agreement on behalf of the County. (Calcagno)