A C T I O
N M I N U T E S
MONTEREY COUNTY BOARD OF SUPERVISORS
AND SPECIAL DISTRICTS
TUESDAY, June 5, 2001, at 9:30 a.m.
Lunch Break from
noon to 1:40 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:
Upon motion of
Supervisor Potter, seconded by Supervisor Calcagno, and unanimously carried,
the Board approved the following additions to the agenda:
The following resolutions (under Other Board Matters)
were added to the agenda:
4b- Adopt Resolution commending Gary E. Brown upon
his retirement for his past and present commitments on behalf of the residents
of Monterey County. (Potter)
4c- Adopt Resolution honoring Bonnie Gartshore for
her contributions to local literature and the arts (Potter)
S-9d The Board added to its Closed Session agenda
the consideration of two matters of potential litigation, pursuant to
Government Code section 54956.9(c)
S-2 CONSENT
CALENDAR – REGULAR (See Yellow Supplementary Sheet attached)
S-3 CONSENT
CALENDAR- SPECIAL DISTRICTS
2050.000 S-4 PUBLIC COMMENT PERIOD: Members of Monterey County Employee's Association SEIU
Local 817, 535, and Monterey County employees addressed the Board regarding the
following alleged matters: substantial increases in their health insurance
premiums; failure to improve retirement benefits; violations of labor
contracts; short staffing; low wages; unwillingness to increase County home
care worker wages; and deteriorating labor relations. All of the above-mentioned groups conducted a vote of
non-confidence of County Administrative Officer Sally Reed for failing to
resolve the immediate crisis of staffing shortages County-wide and for her
performance regarding employer-employee relationships and requested that the
Board of Supervisors address this issue.
Hans Jongens addressed the Board regarding the gasoline
additive MTBE.
APPOINTMENTS:
Upon motion of
Supervisor Pennycook, seconded by Supervisor Potter, and unanimously carried,
the Board approved the following appointment:
0400.550 1. Reappointed Dee Maitland to the
Assessment Appeals Board for a term ending June 1, 2004. (Pennycook)
OTHER BOARD MATTERS:
6300.000 2. Board comments and referrals: Supervisor Armenta commented as a reminder that the Board
will be starting the Budget hearings on Monday, June 11, 2001 through Tuesday,
June 12, 2001.
Supervisor Pennycook made a referral to staff a request
for a report back regarding flood prevention efforts for the Bolsa Knolls
area.
0600.025 3. County Administrative Officer’s Comments and
Reports: No report was received.
Upon motion of
Supervisor Potter, seconded by Supervisor Armenta, and unanimously carried, the
Board approved the following Resolutions:
2050.000 4a. Adopted Resolution 01-205 acknowledging
Jim Consedine, parish priest for 20 years and prison Chaplain for the valuable
contributions to the Restorative Justice program. (Pennycook)
2050.000 4b. Adopted
Resolution 01-243 commending Gary E. Brown upon his retirement for his
past and present commitments on behalf of the residents of Monterey
County. (Potter)
2050.000 4c. Adopted
Resolution 01-244 honoring Bonnie Gartshore for her contributions to
local literature and the arts (Potter)
SCHEDULED MATTERS:
10:00 a.m.
0602.550 S-5 Accepted the 2001 Farm Worker's Housing
and Health Assessment Study.
Upon motion of
Supervisor Calcagno, seconded by Supervisor Pennycook, the Board accepted the
2001 Farm Worker Housing and Health Assessment Study and directed staff to come
back in 4 months with an updated report on farm worker needs.
0602.200 S-6 Approved an Administrative Permit for Lorenzo
Bohn (PLN 990114) to construct a two-story, single family dwelling,
garage/carport, pool and pool house; Design Approval. The property is at the
terminus of Phelps Way and located adjacent to and north of 3 Phelps Way,
Assessor's Parcel Number 187-141-017, in Carmel Valley, approximately one-half
mile east of Los Laureles Grade.
S-6-continued:
Upon motion of Supervisor Potter, seconded by Supervisor
Calcagno, and unanimously carried, the Board approved the Administrative Permit
consistent with the staff recommendation, including and adding the retention of
Conditions 13 and 18, specific to the 20 foot height limit, construction of a 6
foot masonry wall between the Bohn and Parker residences, removal of the pool
house, and limiting the square footage to 5986.8 square feet; Directed staff to come back at a future
date with findings evidence and conditions for final adoption.
0601.175 S-7 Received report on results of meetings
with the public
1350.000 on future
growth; Directed staff to consider Board objectives in preparation of
General Plan; and adopted procedure for review of individual property
owners request for plan amendments or zoning changes.
Upon motion of Supervisor Potter, seconded by Supervisor
Armenta, and unanimously carried, the Board received the report and directed
staff to: 1) Notify the public that in the future the Board of Supervisors will
be considering establishing time intervals for consideration of any amendments
to the General Plan and that all individual property owner requests should be
submitted by August 1, 2001, in order to be considered in the current General
Plan Update process; and 2) Provide the revised objectives to the Planning
Commission for their consideration and return to the Board at a future
date.
11:00 a.m.
0601.175 S-8 Conducted a Tax Equity and Financial
Responsibility Act (TEFRA) hearing as requested by the California Statewide
Communities Development Authority on the issuance of Industrial Development
Bonds in an amount not to exceed $4,500,000 for Farsighted Investments
Monterey, LLC or an affiliate and adopted Resolution No. 01-247 approving
of the issuance of notes, bonds, or other evidence of indebtedness by the
California Statewide Communities Development Authority.
Upon motion of
Supervisor Calcagno, seconded by Supervisor Pennycook, with Supervisor Potter
voting no, the motion carried.
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 conferred with legal counsel regarding the following
existing litigation:
1. Oetiker
Partners et al. v. County of Monterey et al.
BOARD ACTION:
The Board authorized Counsel to submit a proposed settlement agreement for
court approval and to return with a regular item on a future agenda consistent
with that agreement.
2. Lewis Road Landfill Citizens Action Committee
v. County of Monterey et al.
BOARD ACTION:
No reportable action taken.
0300.000 b. Pursuant to Government Code Section
54956.9(b), the Board will confer with legal counsel regarding the following
potential litigation:
Claims of
Baldwin et al.
BOARD ACTION:
The Board denied the 73 claims relating to working conditions in the old jail;
a complete list of those claimants is on file with the Clerk to the Board.
0950.000 c. Discussion of potential public employee
discipline/ dismissal/ release, pursuant to Government Code section 54957.
BOARD ACTION:
No reportable action taken.
6200.000 d. The
Board was asked by County Counsel to add to its Closed Session agenda
consideration of two matters of potential litigation, pursuant to Government
Code section 54956.9(c)
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.
2:30 p.m.
6000.000 S-10 Request by Village Ranch Investors, Carmel
Valley
0602.200 Investors
and the Sierra Club to modify conditions of approval by adding Condition 69
(file #PLN010004) to the previously approved Village Ranch Minor Subdivision
and Condition 67 (file #PLN010005) to the previously approved Carmel Valley
Investors Minor Subdivision; Approved a request for a waiver of a
portion of the appeal fees. The subject
property is located north of Carmel Valley Road and ¼ mile east of Holman Road,
Assessor's Parcel Number 197-231-005 and 197-231-004, in Carmel Valley area.
Upon motion of Supervisor Potter, seconded
by Supervisor Armenta, and unanimously carried, the Board directed staff to return with a Resolution
that provides findings and evidence supporting the requested conditions
limiting viticulture and wine tasting uses based on potential impacts to road
and traffic issues, and potential impacts that could arise compared to the
historical water use on the parcel associated with grazing; The Board approved
the request to add conditions to two approved subdivisions and approved the
request for waiver of filing fees for the appeal of one application; Directed
staff to return with the appropriate resolutions.
4600.000 S-11 Approved the installation of a full
traffic signal at the intersection of Via Mallorca and Carmel Valley Road,
Carmel Valley area.
Upon motion of
Supervisor Potter, seconded by Supervisor Calcagno, and unanimously carried.
ORDER FOR ADJOURNMENT TO
MONDAY, June 11, 2001, FOR BUDGET HEARINGS AT 9:00 A.M.
ATTEST:
SALLY R. REED,
Clerk of the Board
By:________________________________
Deputy
ACTION MINUTES - PAGE SIX TUESDAY,
JUNE 5, 2001
(Supplementary Sheet)
Upon motion of
Supervisor Calcagno, seconded by Supervisor Pennycook, and unanimously carried,
the Board approved the following actions:
HEALTH AND SOCIAL SERVICES:
0125.000 5. Approved Agreement No. A-08570: Authorized
the Chair to sign contract with American Humane Association in the amount
of $120,633 to conduct a workload study of eligibility workers and employment
and training workers; Increased appropriations and estimated revenues of
$120,633. (4/5 vote required)
0125.000 6. Approved Agreement No. A-08342:
Authorized the Director of Social Services to sign the amendment to
Agreement A-08342 with STAR*T @Monterey
Bay, Inc., increasing the amount of the contract by $53,954 for an amended
total amount payable of $213,954 for fiscal year 2000-2001 for the provision of
services for foster youth enrolled in the Independent Living Program; Increased appropriations and estimated revenues of $53,954. (4/5 vote required)
0125.000 7. Approved Agreement No. A-08571: Authorized
the Chair to sign an agreement with the Community Action Board of Santa
Cruz County, Inc. in the amount of $44,040, to hire two temporary staff to
assist in processing energy payment assistance applications for low-income
Monterey County residents.
CRIMINAL JUSTICE:
0602.500 8. Approved increase in appropriations and
estimated revenues in Sheriff's Budget Unit 230 for remodel of King City
Sheriff's Station in the amount of $22,000.
(4/5 vote required)
0602.500 9. Approved increase in appropriations and
estimated revenues in Sheriff's Budget Unit 230 for purchase of non-lethal
equipment in the amount of $102,000.
(4/5 vote required)
0600.600 10. Approved Grant Application for fiscal year
2001-2002 in the amount of $137,080 for the continuation of the Career Criminal
Prosecute Program in the District Attorney Budget Unit 224.
0600.600 11. Approved Grant Application for fiscal year
2001-2002 in the amount of $289,704 for continuation of the Automobile and
Workers' Compensation Insurance Fraud Prosecution Programs in the District
Attorney Budget Unit 224.
0600.600 12. Approved Grant Application for fiscal year
2001-2002 Statutory Rape Vertical Prosecution Program funds.
GENERAL GOVERNMENT:
2050.000 13. Approved Action Minutes for the meeting of Tuesday, May 22, 2001, copies
having been distributed to each Board Member.
0601.175 14. Adopted Negative Declaration for the
Railroad Avenue
0525.000 reconstruction
project in Pajaro.
4600.000
(Supplementary Sheet)
0601.175 15. Designated the Cultural Council for
Monterey County as
the County's local State Partner to the California Arts Council.
0600.025 16. Adopted Resolution No. 01-246 amending Personnel
0600.027 Policies
and Practices Resolution No. 98-394 to Delete Classification and Add Section A.
9.13 Sealer of Weights & Measurers Pay Premium; Amended FY 2000/01
Agricultural Commissioner’s Budget Unit 281 to Approve Reallocation and
Allocation.
PLANNING & BUILDING INSPECTION
0602.200 17. Accepted a Conservation and Scenic Easement
Deed and authorized the Chair to sign the deed with Dale
R. and Marian K. Blanchard, file #PD010038, for property located at 33741 E.
Carmel Valley Road in the Cachagua area, Volume 16 of Parcel Map, Page 58,
Assessor's Parcel Number 197-221-006.
0602.200 18. Approved the boundaries for the proposed
Lockwood/
0401.874 Bryson Hesperia Land Use Advisory Committee.
PUBLIC WORKS:
2800.000 19. Introduced, waived the reading,
and set June 19, 2001, at 10:00 a.m., for a public hearing to adopt an
ordinance amending Monterey County Code, Title 12, Section 12.12.010, to
establish a 55 mph speed limit on East Blanco Road, Salinas.
2800.000 20. Introduced, waived the reading,
and set June 19, 2001, at 10:00 a.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 a portion of Paul Avenue in Bolsa Knolls.
2800.000 21. Introduced, waived the reading,
and set June 19, 2001, at 10:00 a.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 a portion of Sandholdt Road, Moss Landing.
0525.000 22. Rejected all bids and authorized re-advertisement
for bids for construction of the Lewis
Creek Roads Bridge No. 420 over Lewis Creek, east of King City.
0525.000 23. Approved plans and special provisions
for construction of slurry seal on various roads in Monterey County.
SPECIAL DISTRICTS:
Upon motion of
Supervisor Calcagno, seconded by Supervisor Potter, and unanimously carried,
the Board approved the following actions:
0803.550 24. Approved transfer of $301,341 from Fund
445, Budget 940 (Pajaro County Sanitation Sewer Revenue-Debt Service), to Fund
382, Budget 910 (Pajaro County Sanitation District)
4600.000 25. Authorized a decrease of $2,700 in Fund
389, General Reserves (CSD 389, Carmel Valley Zone 2), and increased
appropriations by $2,700 for fiscal year 2000-2001. (4/5 vote required)
4600.000 26. Authorized a decrease of $5,700 in Fund
390, General Reserves (CSD 390, Carmel Valley Zone 3), and increased appropriations
by $5,700 for fiscal year 2000-2001. (4/5 vote required)
0650.072 27. Approved budget adjustment for County
Service Area 72- Las Palmas, increasing estimated revenues in Fund 172,
Budget 910, by $34,500 and increased appropriations in Fund 172, Budget
910 by $34,500. (4/5 vote required)